HomeMy WebLinkAboutVirtual City Council Meeting Agenda 01-11-21AGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO January 11, 2021
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
January 11, 2021) 2. Virtually attend and participate in the meeting through a device or phone:
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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
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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.
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CALL TO ORDER PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS PROCLAMATIONS AND CEREMONIES
National Radon Action Month
National Law Enforcement Appreciation Day APPROVAL OF MINUTES
Study Session Notes of December 7, 2020; City Council meeting minutes of December 14,
2020; Study Session Notes of December 21, 2020 and Study Session Notes of January 4,
2021
CITY COUNCIL AGENDA: January 11, 2021 Page -2-
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.
1. CONSENT AGENDA
a. Resolution No. 01-2021 - a resolution amending the Fiscal Year 2021 2E Bond
Fund Budget to reflect the approval of a supplemental budget appropriation for the re-appropriation and re-encumbrance of the 2020 fiscal year encumbered funds in the amount of $2,748,421.94 for Wadsworth Boulevard rights-of-way acquisitions
b. Motion to approve payment to Colorado Intergovernmental Risk Sharing Agency (CIRSA) for 2021 property/casualty premium in the amount of $320,615.44 c. Motion to approve an agreement with Molson Coors Beverage Company, a
Delaware Corporation, and its affiliate, Coors Brewing Company to permit use of its property for staging in connection with the previously-approved Bayou Ditch Repair and Headgate Replacement Project PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Council Bill No. 22-2020 - an ordinance approving the rezoning of property located at
4990 Parfet Street from Planned Commercial Development (PCD) to Planned
Industrial Development (PID) with approval of an Outline Development Plan 3. Council Bill No. 21-2020 - an ordinance approving an Outline Development Plan (ODP) Amendment to change the sign standards on property zoned Planned
Commercial Development (PCD) and located at 7760 W. 38th Avenue 4. Council Bill No. 23-2020 - an ordinance repealing and reenacting Section 26-609 of the Wheat Ridge Code of Laws concerning access to public streets and making conforming amendments
ORDINANCES ON FIRST READING
CITY COUNCIL AGENDA: January 11, 2021 Page -3-
DECISIONS, RESOLUTIONS AND MOTIONS
5. Resolution No. 03-2021 - a resolution approving a Specific Development Plan (SDP) for property located at 4990 Parfet Street 6. Resolution No. 02-2021 - a resolution concerning the lease back of property located at 7575 W 44th Avenue to Bank of the West CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT
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STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Virtual Meeting
December 7, 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, Rachel
Hultin, Korey Stites, Janeece Hoppe, Leah Dozeman, Valerie Nosler Beck.
Also present: City Attorney Jerry Dahl; City Clerk, Steve Kirkpatrick; City Manager
Patrick Goff; Community Development Director, Ken Johnstone; Director of Public
Works, Greg Knudson; Mark Westburg, Senior Planner; Sara Spaulding, PIO; Assistant
to the City Manager, Marianne Schilling; Russ Higgins, Construction Manager,
Associate Professor in the School of Education at Metropolitan State University of
Denver, Dr. Rosemarie Allen; Kevin Kullman, Kate Binning and Stephen McQuilkin,
from AECOM, and other guests and interested citizens.
Citizen Comment on Agenda Items –
No one came forward to comment.
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).
No comments appeared in Wheat Ridge Speaks for this Council session.
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1. City Council Equity and Implicit Bias Training
Discussion began at 6:01 pm, approximately 0:06 minutes into the recording of the
session.
Issue
During the September 21 study session, City Council provided consensus to move
forward with the following action items that were brought to Council in June 2020 by
Wheat Ridge for Equity:
1. Frequent and ongoing equity and bias training for city staff and elected officials in
order to understand and recognize patterns of thinking that perpetuate
discrimination and mitigate personal biases.
2. Creation of an Equity Task Force by the City Council to include people
marginalized by oppression, such as people who are Black, Indigenous, and
People of Color, LGBTQ, immigrants, differently abled, people of non-Christian
faiths, young people, and elders in our community. Membership of this Task
Force must represent diverse and multiple perspectives so as not to deny or
minimize our neighbors’ lived experiences.
3. The Equity Task Force will carry out a thorough review of City policies, services,
and ordinances, as well as inequities in community systems and departments
and report recommendations, including ways in which success will be measured
toward becoming a more inclusive and responsive community.
Staff reports
Mr. Goff introduced Ms. Schilling who spoke on this item, and introduced Dr. Rosemarie
Allen, currently an Associate Professor in the School of Education at Metropolitan State
University of Denver, who facilitated the training.
Key topics of the training included implicit biases, microaggressions and systemic
racism.
Councilmembers had questions and comments:
Councilmembers and the Mayor thanked Dr. Allen for her presentation and her ongoing
work.
(Dr. Allen’s presentation is available to the public in the recording of this Council
session.)
2. Wadsworth construction management
Discussion began at 8:15 pm, approximately 1:45 hours into the recording of the
session.
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Issue
Staff provided City Council with an update on the Improve Wadsworth Project on
September 21, 2020 including final estimated projects costs, construction phasing and
status of right-of-way acquisitions. On October 12, 2020, City Council approved
resolutions authorizing the use of eminent domain to acquire necessary rights-of-way
and approving an amendment to the contract with the Colorado Department of
Transportation (CDOT) to administer the federal funding for the Project.
Councilmembers Urban and Hoppe requested that staff provide an update at a future
study session on CDOT’s role in construction management.
Staff reports
Public Works Director Greg Knudson gave some brief background on Wadsworth
Boulevard, State Highway 121, which links the City of Wheat Ridge to the neighboring
cities of Arvada and Lakewood. The Denver Regional Council of Governments
(DRCOG) designates Wadsworth a major regional arterial and a future enhanced transit
corridor.
The City, in cooperation with CDOT, has explored the future of the Wadsworth corridor
in numerous plans, including the Wadsworth Corridor Subarea Plan (2007), Envision
Wheat Ridge Comprehensive Plan (2009), the Wadsworth Planning and Environmental
Linkages (PEL) Study (2015) and the Wadsworth Boulevard Widening Project
Environmental Assessment (2019).
Although Wadsworth is designated a state highway and maintained by CDOT, this
project is considered a local agency sponsored project which has been and will continue
to be managed by the City and its consultant partners.
Additional construction management and project oversight will be in partnership with
AECOM, the current construction management company for the City’s 2E projects.
AECOM is the world’s premier infrastructure firm, delivering professional services
throughout the lifecycle of projects with a diverse group of professional planners,
designers, engineers, consultants and construction managers.
Mr. Stephen McQuilken and Mr. Kevin Kullman presented AECOM’s construction
management qualifications along with the anticipated scope of work for the Improve
Wadsworth Project.
Councilmembers had questions and comments:
Council asked detailed questions about coordination with utilities on the project.
Staff and guests gave answers to the Council’s questions.
The Mayor and Council also asked about the scheduling and keeping things on track
with DRCOG.
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3. Staff Report(s)
Discussion began at 9:02 pm, approximately 2:32 hours into the session.
Nothing new from staff this evening.
4. Elected Officials’ Report(s)
Councilmember Hultin thanked staff for their quick turn around on the third phase of the
Business Revitalization Program.
Councilmember Hutchinson remembered that today Pearl Harbor Day.
Councilmember Weaver thanked District II for their hospitality with her goats and
explained that the herd is in safekeeping.
Councilmember Urban updated Council on the applications for the Business
Stabilization Program.
City Treasurer Miller discussed the sales tax deferment program ongoing for Wheat
Ridge businesses.
Mayor Starker thanked staff for their preparation and participation. Saturday, December
13 at 9 AM is the next Coffee with the Mayor. He also thanked Dr. Allen.
The Mayor reminded all to wear a mask, watch social distancing and wash our hands.
ADJOURNMENT
The Study Session adjourned at 9:06 pm.
APPROVED BY CITY COUNCIL ON December 14, 2020.
Steve Kirkpatrick, City Clerk
Janeece Hoppe, Mayor Pro Tem
City Council Meeting Minutes
CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
December 14, 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 7:00 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; Assistant to the City Manager, Marianne Schilling; Community
Development Director Ken Johnstone, Mark Westberg, Project Manager and Steve
Nguyen, Engineering Division Manager, other staff, guests and interested citizens.
PROCLAMATIONS AND CEREMONIES
APPROVAL OF MINUTES
Without objection the Study Session Notes of November 2, 2020 and City Council
minutes of November 9, 2020 were approved with minor corrections to each; Study
Session Notes of November 16, 2020 and Special City Council meeting minutes of
November 23, 2020 were approved as published.
APPROVAL OF AGENDA
Without objection or correction, the agenda stood as announced.
CITIZENS’ RIGHT TO SPEAK
This item began at 7:03 PM.
Guy Nahmiach, 3850 Ward Road, came to thank Councilmember Hultin for writing the
Council Corner column in the Gazette.
City Council Minutes December 14, 2020 page 2
Julie Stern 7630 W. 48th Ave. Called to comment on recent efforts to work with those
experiencing homelessness. She is disappointed that we discuss these citizens in
terms of a public nuisance, as addicts, alcoholics and those who suffer from mental
health issues. She also asserted that stating these people choose homelessness is
unfair as it is very rare. These labels are unfair; people need our help!
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, so long as the comments
do not contain lascivious language or unlawful hate speech).
No comments appeared in Wheat Ridge Speaks for this Council session.
1. CONSENT AGENDA
Discussion began at approximately 7:0 PM
Councilmember Urban introduced the consent agenda
a. Resolution 59-2020 - a resolution amending the fiscal year 2020 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $35,000 for City Attorney legal services
b. Resolution No. 57-2020 - a resolution amending the fiscal year 2020 Equipment
Replacement Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $100,000 for the purpose of purchasing teleworking equipment
c. Motion to award a contract and approve payment of $78,151 to Meridiam
Partners, LLC of Denver, CO, for the Bayou Ditch Pipe and Headgate
Replacement Project and approve a contingency in the amount of $21,849
d. Resolution No. 58-2020 - a resolution accepting a grant award in the amount of
$25,000 for an outdoor fitness court as part of the 2021 National Fitness
Campaign
Motion by Councilmember Urban to approve Consent Agenda Items a.), b.), c.), and d.)
Seconded by Councilmember Stites; motion carried 8-0.
City Council Minutes December 14, 2020 page 3
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
There were none
ORDINANCES ON FIRST READING
Discussion began at approximately 7:09 PM
2. Council Bill No. 22-2020 - An Ordinance approving the rezoning of property
located at 4990 Parfet Street from Planned Commercial Development (PCD) to
Planned Industrial Development (PID) with approval of an Outline Development
Plan
Discussion began at approximately 7:09 PM
Councilmember Dozeman introduced Council Bill 22-2020.
The applicant is requesting approval of a zone change from Planned Commercial
Development to Planned Industrial Development with approval of an Outline
Development Plan for property located at 4990 Parfet Street (near the northeast corner
of I-70 Frontage Road North and Parfet Street). The purpose of this request is to
prepare the property for the development of a large format industrial land use.
Motion by Councilmember Dozeman to approve Council Bill 22-2020 - an ordinance
approving the rezoning of property located at 4990 Parfet Street from Planned
Commercial Development (PCD) to Planned Industrial Development (PID) with approval
of an Outline Development Plan, on first reading for the sole purpose of ordering it
published for a public hearing set for Monday, January 11, 2021 at 7 p.m. as a virtual
meeting, seconded by Councilmember Nosler Beck; carried 8-0.
3. Council Bill No. 21-2020 - An Ordinance approving an Outline Development
Plan (ODP) Amendment to change the sign standards on property zoned
Planned Commercial Development (PCD) and located at 7760 W. 38th Avenue.
Councilmember Weaver introduced Council Bill 21-2020 at about 7:11 PM.
The applicant is requesting an Outline Development Plan Amendment to revise the
existing sign standards which are more restrictive than the City’s regular sign code. The
applicant is requesting an amendment such that City’s regular sign code applies to the
subject property. This in turn would allow for installation of a new freestanding sign.
Motion by Councilmember Weaver to approve Council Bill 21-2020 - an ordinance
approving an Outline Development Plan (ODP) Amendment to change the sign
standards on property zoned Planned Commercial Development (PCD) and located at
7760 W. 38th Avenue, on first reading for the sole purpose of ordering it published for a
public hearing set for Monday, January 11, 2021 at 7 p.m. as a virtual meeting, and, if
adopted, that it take effect 15 days after final publication; seconded by Councilmember
Urban; carried 8-0.
City Council Minutes December 14, 2020 page 4
4. Council Bill No. 23-2020 - An Ordinance repealing and reenacting Section 26-609 of the Wheat Ridge Code of Laws concerning access to public streets and making conforming amendments.
Discussion began at approximately 7:13 PM
Councilmember Hutchinson introduced Council Bill 23-2020.
The zoning code requires that all new development have access to public streets. It
outlines several stipulations for residential and nonresidential developments. Code
section 26-609 discusses access requirements, but does not reflect current
development patterns, so the proposed amendment repeals and reenacts this section
and updates cross references. The purpose of the amendment is to provide more
specificity for commercial and industrial land uses, more flexibility for residential land
uses, and more detailed guidance overall. The overarching goal is to ensure that
access and circulation designs support logical and high-quality site design.
Motion by Councilmember Hutchinson to approve Council Bill 23-2020 - an ordinance
repealing and reenacting Section 26-609 of the Wheat Ridge Code of Laws concerning
access to public streets and making conforming amendments, on first reading for the
sole purpose of ordering it published for a public hearing set for Monday, January 11,
2021 at 7 p.m. as a virtual meeting, and, if adopted, that it take effect 15 days after final
publication; seconded by Councilmember Stites; carried 8-0.
5. Council Bill No. 24-2020 - An Ordinance repealing and reenacting Section 7-6 of
the Wheat Ridge Code of Laws, concerning creation of a process for addressing
complaints alleging campaign finance violations in City elections
Discussion began at approximately 7:16 PM
Councilmember Urban introduced Council Bill 24-2020.
Recent State legislation assigns the responsibility for conducting hearings concerning
alleged campaign finance violations in City elections to the City. The City’s present
ordinance for the conduct of hearings regarding election matters pre-dates the State
legislation and is in need of updating in light of the new State law.
Motion by Councilmember Urban to approve Council Bill 24-2020 - an ordinance
repealing and reenacting Section 7-6 of the Wheat Ridge Code of Laws, concerning
creation of a process for addressing complaints alleging campaign finance violations in
City elections, on first reading for the sole purpose of ordering it published for a public
hearing set for Monday, January 25, 2021 at 7 p.m. as a virtual meeting; seconded by
Councilmember Hoppe; carried 8-0.
6. Council Bill No. 25-2020 - An Ordinance adopting section 16-47 of the Wheat
Ridge code of laws concerning unlawful removal or defacing of notices on public
property and establishing penalties for violation of the same
City Council Minutes December 14, 2020 page 5
Discussion began at approximately 7:18 PM
Councilmember Nosler Beck introduced Council Bill 25-2020.
This ordinance creates a new Code Section 16-47, making it a violation to remove
signage, and in particular the no trespassing signs authorized by the revised Code
Section 16-46.
Motion by Councilmember Nosler Beck to approve Council Bill 25-2020 - an ordinance
adopting section 16-47 of the Wheat Ridge code of laws concerning unlawful removal or
defacing of notices on public property and establishing penalties for violation of the
same, on first reading for the sole purpose of ordering it published for a public hearing
set for Monday, October 12, 2020 at 7 p.m. as a virtual meeting; seconded by
Councilmember Dozeman; carried 8-0.
7. Council Bill No. 26-2020 - An Ordinance repealing, retitling and reenacting
section 16-46 of the Wheat Ridge Code of Laws concerning trespass and
establishing penalties for violation of the same
Discussion began at approximately 7:19 PM
Councilmember Stites introduced Council Bill 26-2020.
The purpose of this ordinance is to place on notice those who enter or remain upon the
premises of another, including premises owned by private entities, public entities, or
individuals, that doing so without the proper license or authority, or after that license or
authority has been revoked, may result in criminal activity. This ordinance amends and
significantly enhances the City's current Code 16-46 on trespassing, including posting of
notices prohibiting trespassing.
Motion by Councilmember Stites to approve Council Bill 26-2020 - an ordinance
repealing, retitling and reenacting section 16-46 of the Wheat Ridge Code of Laws
concerning trespass and establishing penalties for violation of the same, on first reading
for the sole purpose of ordering it published for a public hearing set for Monday,
January 25, 2021 at 7 p.m. as a virtual meeting, and, if adopted, that it take effect 15
days after final publication; seconded by Councilmember Urban; carried 8-0.
8. Council Bill No. 27-2020 - An Ordinance adopting section 16-70 of the Wheat
Ridge Code of Laws concerning pedestrian use of Roadway Center Medians,
and in connection therewith amending section 16-113, sales and solicitation in
certain places prohibited
Discussion began at approximately 7:22 PM
Councilmember Hoppe introduced Council Bill 27-2020.
The ordinance is intended to reduce auto/pedestrian accidents by regulating center
medians that are unsafe for occupation by pedestrians and other pedestrian behaviors
that interfere with traffic, including entering the roadway in a way that obstructs or
City Council Minutes December 14, 2020 page 6
hinders traffic flow, and soliciting in areas that are unsafe for such activity. The
ordinance adopts a new section of the Wheat Ridge Code of Laws governing pedestrian
and traffic safety and amends the current section on solicitation activities to add a
legislative declaration.
Motion by Councilmember Hoppe to approve Council Bill 27-2020 - an ordinance
adopting section 16-70 of the Wheat Ridge Code of Laws concerning pedestrian use of
Roadway Center Medians, and in connection therewith amending section 16-113, sales
and solicitation in certain places prohibited, on first reading for the sole purpose of
ordering it published for a public hearing set for Monday, January 25, 2021 at 7 p.m. as
a virtual meeting, and, if adopted, that it take effect 15 days after final publication;
seconded by Councilmember Stites; carried 8-0.
9. Council Bill No. 28-2020 - An Ordinance adopting section 16-69 of the Wheat
Ridge Code of Laws concerning pedestrian hindering the flow of traffic
Discussion began at approximately 7: 24 PM
Councilmember Hultin introduced Council Bill 28-2020.
The ordinance is intended to reduce auto/pedestrian accidents by prohibiting actions by
pedestrians that obstruct or hinder traffic, including pedestrians being physically in traffic
lanes or extending objects, hands, etc., into traffic lanes. The ordinance adopts a new
section of the Code.
Motion by Councilmember Hultin to approve Council Bill 28-2020 - an ordinance
adopting section 16-69 of the Wheat Ridge Code of Laws concerning pedestrian
hindering the flow of traffic, on first reading for the sole purpose of ordering it published
for a public hearing set for Monday, January 25, 2021 at 7 p.m. as a virtual meeting,
and, if adopted, that it take effect 15 days after final publication; seconded by
Councilmember Dozeman; carried 8-0.
DECISIONS, RESOLUTIONS AND MOTIONS
Discussion began at approximately 7:25 PM
10. Motion to amend the contract for Engineering Consulting Services for Phase II
of the Wadsworth Boulevard Improvement Project with HDR Engineering, Inc.,
Denver, CO, for additional design fees in the amount of $220,382.34 for a total
project cost of $2,804,633.32
Councilmember Stites introduced the Motion.
Due to increased construction and right-of-way (ROW) costs, the project to improve
Wadsworth will be constructed in two phases. A contract with HDR Engineering, Inc.
was originally executed in 2018 to complete the survey, design plans, and
Environmental Assessment for the entire corridor. A contract amendment needs to be
City Council Minutes December 14, 2020 page 7
executed to provide the funds necessary to prepare the bid package for the first phase
of construction.
Staff Presentation by Ken Johnstone, Community Development Director, Mark
Westberg, Project Manager and Steve Nguyen, Engineering Division Manager
Public Comment
No one came forward to speak.
Council Questions
Councilmembers asked if this additional money will ensure that the design for phase II
is completed or whether that will require additional money. Mr. Johnstone answered
that the two phases will be addressed separately.
Motion by Councilmember Stites to amend the contract for Engineering Consulting
Services for Phase II of the Wadsworth Boulevard Improvement Project with HDR
Engineering, Inc., Denver, CO, for additional design fees in the amount of $220,382.34
for a total project cost of $2,804,633.32, seconded by Councilmember Hoppe; motion
carried 8-0.
11. Motion to amend the contract for Right-of-Way Acquisition Services for the
Wadsworth Boulevard Improvement Project with HDR Engineering, Inc.,
Denver, CO, to incorporate additional fees in the amount of $236,107.28 for a
total project cost of $1,653,102.28 and authorize staff to increase the amount of
the contract by $30,000 for each additional eminent domain proceeding.
Councilmember Weaver introduced the Motion at about 7:34 pm.
A contract with HDR Engineering, Inc. was originally executed in 2018 for right-of-way
(ROW) acquisition services. Due to additional tasks added to the scope of work,
including assistance with eminent domain proceedings, a contract amendment needs to
be executed to provide the funds necessary to complete the ROW acquisitions for the
Wadsworth Improvement Project. This contract amendment includes work related to
three ongoing eminent domain proceedings, and also accounts for the potential of
additional eminent domain proceedings should they become necessary in the future.
Staff Presentation by Ken Johnstone.
Public Comment
No one came forward to speak.
Council Questions
Councilmembers asked which three properties may go to a public hearing on eminent
domain. Mr. Johnstone listed the three properties still in dispute.
City Council Minutes December 14, 2020 page 8
At most, how many total eminent domain hearings will the City have to engage? Mr.
Johnstone provided a detailed answer: 11 eminent domain actions maximum. Mr. Goff
explained that the City is only deeply concerned about 2 of the 11 properties and that
this motion does not add to the already approved budget.
Motion by Councilmember Weaver to amend the contract for Right-of-Way Acquisition
Services for the Wadsworth Boulevard Improvement Project with HDR Engineering,
Inc., Denver, CO, to incorporate additional fees in the amount of $236,107.28 for a total
project cost of $1,653,102.28 and authorize staff to increase the amount of the contract
by $30,000 for each additional eminent domain proceeding, seconded by Council-
member Hoppe; motion carried 7-1, with Councilmember Nosler Beck voting Nay.
12. Resolution No. 60-2020 – a resolution concerning the acquisition and
acceptance of eight properties on Wadsworth Boulevard for the purpose of
constructing, installing, maintaining, and using public improvements for
improving Wadsworth Boulevard by either negotiation and voluntary purchase
or, if necessary, through the utilization of the City’s power of eminent domain,
and authorizing such action as necessary to accomplish said purposes
Councilmember Hoppe introduced the Resolution at about 7:46 pm.
The proposed improvements to Wadsworth Boulevard require that additional right-of-
way (ROW) be purchased to allow for the construction of public improvements. This
resolution authorizes the use of the City’s power of eminent domain in order to facilitate
the acquisition of right-of-way from eight properties along Wadsworth Boulevard that
have not reached consensual agreements.
City Manager Patrick Goff gave a brief report on the item. Staff Presentation by Mark
Westberg, Project Manager and Steve Nguyen, Engineering Division Manager.
Mr. Westberg gave a formal presentation with PowerPoint explaining the details behind
the status of these properties and the reasons for seeking Council action tonight.
Public Comment
No one came forward to speak.
Council Questions
Councilmembers asked for an explanation of which properties are still worrisome with a
map. Mr. Westburg displayed a map and gave a detailed answer to Council’s question.
Council also wanted to know if all of the property owners have been notified of the
deadlines for avoiding eminent domain hearings. Staff gave a detailed answer.
Councilmember Hultin wanted to clarify and confirm that all of the property owners and
their tenants have been clearly informed of the deadlines and consequences of going to
a court hearing.
City Council Minutes December 14, 2020 page 9
Motion by Councilmember Hoppe to approve Resolution 60-2020 - a resolution
concerning the acquisition and acceptance of eight properties on Wadsworth Boulevard
for the purpose of constructing, installing, maintaining, and using public improvements
for improving Wadsworth Boulevard by either negotiation and voluntary purchase or, if
necessary, through the utilization of the City’s power of eminent domain, and
authorizing such action as necessary to accomplish said purposes, seconded by
Councilmember Urban; motion carried 7-1 with Councilmember Nosler Beck voting Nay.
CITY MANAGER’S MATTERS
Mr. Goff discussed the CoVid relief measures passed by the Colorado legislature
recently. He explained the scope of the relief to small business and the process for
applying to the state for funding. Counties can apply for the funds, and if a county does
not then municipalities within that County may apply individually. Mr. Goff and other
staff are closely monitoring the procedures and deadlines to make sure Wheat Ridge
businesses take
CITY ATTORNEY’S MATTERS
Nothing tonight.
ELECTED OFFICIALS’ MATTERS
City Clerk Kirkpatrick asked that members of the public wear masks when in public and
in the proximity of others.
Councilmember Nosler Beck thanked Julie Stern for her comments in respect of those
experiencing homelessness. She also asked how a citizen should proceed if they have
a noise ordinance complaint.
Councilmember Stites reminded people to look out for their neighbors during this cold
and snowy weather.
Councilmember Hultin echoed Councilmember Nosler Beck’s comment about Julie
Stern’s call about the homelessness. Please, apply for positions on commissions and
boards even if there are no openings in your district; applications are kept on file for a
year and openings occur throughout the year. She encouraged holiday shoppers to buy
their gifts from local, small businesses whenever feasible to support our business
community through this difficult period.
Councilmember Urban provided an update on the Wheat Ridge Business Revitalization
Programs.
Councilmember Hoppe asked Mr. Goff to discuss how we will inform local businesses of
their eligibility to apply for funding from the recently passed measure at the state level.
She also asked that the City use every practicable medium and database of email and
snail mail addresses to inform as many local businesses as possible. Mr. Goff gave a
City Council Minutes December 14, 2020 page 10
detailed explanation on the plans to quickly inform local businesses during the short
timeframe established by the State for the application process.
Councilmember Hoppe also noted what an excellent job elected officials and,
especially, the staff have done for the City and its citizens during the pandemic, through
their extraordinary effort and commitment. Find it and buy it in Wheat Ridge!
Mayor Starker also thanked Julie Stern for highlighting the seriousness and ongoing
changes of experiencing homelessness. He recalled that our new Homeless Navigator
has reported for work. He thanked those who attended Coffee with the Mayor last
Saturday and announced that the next Coffee with the Mayor is set for January 11,
2021, the second Saturday in January.
Take care to drive carefully especially on snowy and icy streets.
ADJOURNMENT
The meeting adjourned at 8:16 pm.
_____________________________
Steve Kirkpatrick, City Clerk APPROVED BY CITY COUNCIL ON ____________, 2021
______________________________
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.
1
STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Virtual Meeting
December 21, 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, Korey Stites, Janeece
Hoppe, Leah Dozeman, Valerie Nosler Beck. A quorum was present. Councilmembers
Zach Urban and Rachel Hultin were unable to attend.
Also present: City Attorneys Geoff Wilson and Jerry Dahl; City Clerk, Steve Kirkpatrick;
City Manager Patrick Goff; City Treasurer, Chris Miller; Community Development
Director, Ken Johnstone; Assistant to the City Manager, Marianne Schilling, and other
guests and interested citizens.
Citizen Comment on Agenda Items –
Amy Case, Chief Financial Officer, Foothills Regional Housing Authority (FRHA), called
to thank the City for acknowledging the mission and purpose of our Authority. She
listed several ways the City, our citizens and our businesses benefit from the agency’s
work, including locating the Agency in Wheat Ridge. The FRHA spends millions of
dollars annually in staff salaries and local business transactions, centered in Wheat
Ridge. They strive to provide affordable housing throughout the County. She also
explained the financial impact of the proposed Council action.
Guy Nahmiach, 3650 Ward Road, WR – called to remind the Mayor and Council that he
owns a rental property next to the Caesar Square. That Center sees a lot of police and
other first responder activities, so Wheat Ridge provides a lot of services in this area at
considerable expense. He wants Council to keep the full situation in mind as they
contemplate this proposed action.
Lori Rosendahl, CEO of the FRHA, Ms. Case’s associate, stated that the FRHA is
working hard to improve Caesar Square access for the residents while making it harder
for others to abscond through the Square or use the roadways for racing.
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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).
No comments appeared in Wheat Ridge Speaks for this Council session.
1. Building materials use tax exemption for public housing authorities
Discussion began at 6:38 pm, approximately 0:08 minutes into the recording
of the session.
Issue
Section 22-68 of the Wheat Ridge Code of Law (Building materials and supplies) requires that “every person who builds, constructs, reconstructs…any building, dwelling or other structure…in the city…shall pay a use tax.” Section 22-67 of Code exempts public school, Wheat Ridge Housing Authority and Renewal Wheat Ridge projects from the city’s use tax.
Jefferson County Housing Authority, d/b/a Foothills Regional Housing (“Foothills”), owns several low-income projects within the City, including the Caesar Square Apartments which is currently under renovation. Foothills paid building materials use tax on the Caesar Square and two other projects in Wheat Ridge. They are requesting a refund of that use tax as they believe Foothills, as a housing authority is exempt from all taxes
pursuant to Colorado State Statute.
Staff reports
Mr. Goff, Mr. Wilson and Mr. Dahl spoke on this item, and gave a detailed explanation of the background on use tax exemptions and why this is at issue. Previous Councils did not act to exempt entities from this tax. The Foothills Regional Housing Authority
has asked the City to consider an exemption for public housing authorities.
Key topics included the financial impact and the City’s authorities with respect to these taxes as a Colorado Home Rule City. Mr. Goff reviewed the history of the Foothills Authority’s payments of these taxes and why the agency asks for an exemption.
Councilmembers had questions and comments:
Councilmembers asked detailed questions about how nearby municipalities treat this
tax and the financial impact of an exemption.
Council also asked if other housing authorities operate in Wheat Ridge and would also benefit from this requested exemption. Ms. Rosendahl responded that other housing
3
authorities can only operate in Wheat Ridge if Council passes legislation to allow that to happen. As of now, Foothills is the only housing authority operating in Wheat Ridge.
Councilmember Hoppe proposed a consensus to direct staff to bring this use tax
exemption forward for consideration at a future Council Meeting. Consensus achieved.
Council also asked detailed questions about how to word the language in a proposed ordinance so that only the Foothills Authority would be exempted without further action by Council.
Council asked that staff report on how nearby municipalities address this issue, what
the current IGA between the City and the Foothills Authority states, and how that IGA
might have to be amended to align with any proposed ordinance.
City Treasurer Miller asked whether the City will pay the requested interest to which the Foothills Authority believes it is entitled. Ms. Rosendahl stated, “We withdraw that request for interest.” She indicated that the request was made by mistake.
2. Staff Report(s)
Discussion began at 7:04 pm, approximately :34 minutes into the session.
Mr. Goff reported that Jefferson County has decided to opt in and administer small business grants to small businesses in the County and our City. The County must apply for the funds by January 8th, and businesses must apply to the County by January 20, 2021. Grants are up to $7,000.
He also discussed the state DPHE Five Star program, which allows restaurants to operate one level on the CoVid Dial below where the County sits. The program requires both parameters for public health data on the pandemic and a very complex set of requirements and actions in order for a restaurant to comply and participate.
3. Elected Officials’ Report(s)
City Clerk Steve Kirkpatrick recognized the Public Works team for their excellent work in snow removal during recent storms. He also wished everyone happy, safe and healthy Holidays.
Councilmember Stites thanked Stuber Elementary and Ms. Stokes’s fifth grade class for inviting him to discuss local small businesses. Mr. Stites was particularly impressed
with the questions the students asked and their obviously high level of interest.
Councilmembers wished everyone a Merry Christmas and happy Holidays in good health and safety and thanked our residents and City staff for their hard work and taking care on one another.
City Treasurer Miller discussed the difficult decisions the Small Business Revitalization
committee had to make in awarding the third round of grants, because there were many in need of help.
Mayor Starker thanked staff for their hard work this year under trying circumstances. He also thanked the Fifth Grade class and Ms. MacDonald at Everett Middle School and congratulated all fifth graders in Wheat Ridge for their hard work and for inviting him and
Chief Murtha to attend their virtual Pep Rally.
4
The Mayor reminded all to wear a mask, watch social distancing and wash our hands. He also expressed the hope that we will all continue to help one another for as long as it takes to conquer the public health dangers and enjoy a healthy, happy and prosperous
2021.
ADJOURNMENT
The Study Session adjourned at 7:14 pm.
APPROVED BY CITY COUNCIL ON January 11, 2021
Steve Kirkpatrick, City Clerk
Janeece Hoppe, Mayor Pro Tem
1
STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Virtual Meeting
January 4, 2021
Mayor Bud Starker called the Study Session to order at 6:40 p.m. (ten minutes behind
schedule due to technical difficulties in the Zoom app for several participants).
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: Zach Urban, Amanda Weaver, Judy Hutchinson, Korey
Stites, Rachel Hultin, Leah Dozeman, Valerie Nosler Beck. Councilmember Janeece
Hoppe was unable to attend.
Also present: City Attorney Jerry Dahl; City Clerk, Steve Kirkpatrick; Treasurer, Chris
Miller; City Manager Patrick Goff; Community Development Director, Ken Johnstone;
Chief of Police, Chris Murtha, Division Chief, Darrel Guadnola; Detective Charles
Hemming; Revenue Auditor Travis Anderson; Director of Administration, Allison Scheck;
Assistant to the City Manager, Marianne Schilling; Jefferson County Open Space
Director, Tom Hoby, and other guests and interested citizens.
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).
No comments appeared in Wheat Ridge Speaks for this Council session.
1. Jefferson County SLASH site update
Discussion began at 6:42 pm, approximately :02 minutes into the recording of the
session.
2
Issue
Jefferson County proposes to accommodate a year-round, permanent slash recycling site located adjacent to the Rooney Road Recycling Center in Golden. Slash includes a
variety of materials such as yard waste, tree trimmings, limbs and tree trunks. The
Rooney Road Recycling Center also provides a safe place to properly recycle and dispose of household hazardous waste. The Center is operated by the Rooney Road Recycling Center Authority consisting of a consortium of the cities of Arvada, Golden, Lakewood, Wheat Ridge, Lakeside and Edgewater, the towns of Morrison and Mountain
View and Jefferson County.
Staff reports
Mr. Goff explained that Jefferson County proposes to provide the land for the slash operation and is requesting that each jurisdiction using the site would support the needed improvements proportional to its population. Wheat Ridge’s estimated contribution would be $64,964.
Mr. Goff introduced Tom Hoby, Jefferson County Open Space Director who provided more details on this proposal, supported with a formal AV presentation.
Key topics included the location of the current and proposed slash site, the program’s value to the community and the environment and the cost to the City to participate by contributing to the cost of developing the new Slash Site.
Councilmembers had questions and comments:
Councilmembers asked detailed questions about several topics, including:
• How will the public use and benefit from the slash program’s output material (mulch as loose material or pellets)?
• What is the proposed timeline to develop and open the new slash site project?
• Who would represent Wheat Ridge’s interest in the oversight of the program?
• How will the County ensure that the slash output does not spread tree diseases
or pestilence?
• Will the public be charged to drop off materials and if so, how much?
• Can only Jefferson County residents drop materials for chipping and how will the
staff determine that one is a Jeffco resident?
• How well does the current spoke and hub collection scheme work and how will that change at the proposed new slash site?
• Will the hazardous materials recycling continue and if so at the same proposed site?
Councilmember Urban proposed a consensus to move forward with the proposal as presented and continue to work with the current authority on the details.
Consensus achieved.
2. Massage Ordinance update
Discussion began at 7:10 pm, approximately :30 minutes into the session.
3
Mr. Goff asked Chief Murtha to introduce the members of the WRPD who have come this evening and what they will present.
Issue
In August of 2020 Council enacted a new ordinance regarding massage-oriented
businesses. The purpose of the new ordinance was to ensure the health and safety of legitimate business patrons, while providing necessary tools to identify and eradicate illicit businesses posing as legitimate businesses. Among other things the new ordinance created a licensing system for massage-oriented businesses. In an effort to
be friendly to businesses impacted by the new ordinance, a 90-day grace period was
adopted whereby all businesses could come into compliance with the new code without incurring any fees associated with the new licensing system.
Chief Guadnola gave an update presentation, supported with multimedia, that upon adoption of the new ordinance, staff conducted proactive outreach to all massage
related businesses in the City. Ultimately there were a total of 33 businesses identified
that required outreach in order to be made aware of the new ordinance. On December 1, 2020, just five days after the expiration of the 90 day grace period, a total of 11 businesses were in full compliance, three businesses had paperwork returned for clarifications or as a result of missing documentation, two were in background checks
with paperwork being reviewed by the police department, 11 failed to respond to staff in
any measurable way and remained fully non-compliant with the new code, and six had been identified as having gone out of business.
Of the six that were out of business, efforts were undertaken to learn the cause of such. Two businesses closed their doors as a result of the COVID pandemic and one closed
its doors due to the retirement of the sole proprietor of the business. Efforts are under
way to determine conclusively the cause of the remaining three closing their businesses, but it is believed that one or more of these businesses were operating illicitly and closed their doors as a result of the new code.
Moving forward staff has developed the following framework to communicate with and
address non-compliant businesses.
• Communications
• City Action
He recommends that City Council continue to monitor the implementation and use of the new ordinance as a needed tool to identify and proactively deal with illicit massage businesses, with an update in the third quarter of 2021 or sooner if Council sees fit.
Councilmembers had questions and comments:
Councilmembers asked detailed questions:
• How have businesses responded to the process to date and what is their feedback?
• Has DORA gotten involved? When a massage business does not have a
licensed massage therapist, engaging thus in unauthorized practice, is DORA
notified?
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• Are there loopholes that have appeared that allow or might allow illicit businesses to attempt to circumvent the new ordinance?
• Is the City doing any kind of public relations or education effort to highlight the new ordinance and make sure that people understand the intent of the new ordinance?
City Treasurer Chris Miller asked about plans to follow-up on the newly licensed
businesses and their ongoing compliance with the ordinance.
Mayor Starker asked how the annual renewal of the new licenses and business licenses will occur going forward.
Our WRPD leaders gave detailed answers.
Council thanked the Police Department for their report and for their sound implemen-
tation of the new massage ordinance.
3. Staff Report(s)
This item began at approximately 7:31 p.m.
Mr. Goff thanked all of the Councilmembers who help and participated in the New
Year’s video.
He also reported on the details of the County and City’s participation in the new Five
Star Program that allows compliant businesses to operate according to the public health
rules for one level lower on the Dial. (For example, Five Star certified restaurants would
be allow to operate at Level Yellow, even though the County may be at Level Orange)
Although the County will move from Level Red to Level Orange tomorrow, January 5th,
the CDPHE and JDPH will not approve Jefferson County restaurants to operate under
the Five Star program for at least another fortnight, based on public health data points
indicating that Jefferson County is not fully in compliance as yet with Level Orange data
point standards.
4. Elected Officials’ Report
Councilmember Nosler Beck asked about the Equity Task Force application deadline;
Mr. Goff reported that the deadline has been extended to January 15th. So, interested
individuals are encouraged to apply as soon as they can.
Councilmember Stites thanked Public Works staff for their response to an emergent need one of our citizens had on New Year’s Eve.
Councilmember Hultin thanked Parks and Recreation for their hard work on efforts to
help our citizens exercise and recreate during the public health emergency.
Councilmember Weaver reminded people that the City sponsors a Christmas Tree recycling program. Mr. Goff reported that the program continues until February 15, 2021 and that residents will have the opportunity to pick-up free mulch at some point after that date.
5
City Clerk Steve Kirkpatrick thanked the Police Department for their hard work on the massage ordinance implementation.
Chief Murtha acknowledged his thanks and also acknowledged that Mr. Dahl and Ms.
Scheck were instrumental in drafting an enforceable ordinance.
The Mayor announced that Coffee with the Mayor will be held again this Saturday, virtually, at 9 AM.
He expressed the hope that people will continue to drive with caution in our neighbor-hoods, to protect our children, especially as they travel to and from school.
ADJOURNMENT
The Study Session adjourned at 7:44 pm.
APPROVED BY CITY COUNCIL ON January 11, 2021
Steve Kirkpatrick, City Clerk
Janeece Hoppe, Mayor Pro Tem
PROCLAMATION NATIONAL LAW ENFORCEMENT APPRECIATION DAY JANUARY 9, 2021
WHEREAS, In 2015, Law Enforcement Appreciation Day, or Police Appreciation
Day, was founded to highlight the support and appreciation of the general public for law enforcement; and, WHEREAS, by founding the national day of recognition, the founders hoped to
draw attention to the dedication of law enforcement officers who serve the public and
make a difference while doing a job they love; and, WHEREAS, National Law Enforcement Appreciation Day was founded to generate awareness of the dangers law enforcement officers face every day on the job
while protecting the communities in which they live and work; and,
WHEREAS, National Law Enforcement Appreciation Day is led by community members as a day to recognize law enforcement professionals as well as the sacrifices
made by their families; and,
WHEREAS, not only do professionals in law enforcement serve and protect by putting themselves in danger every day, but they safeguard life and property, provide protection against violence and disorder, and shield the innocent against deception and
the weak against oppression or intimidation.
NOW, THEREFORE, I, Mayor Bud Starker, call upon all those living and working in Wheat Ridge, upon our business community, and those in service, civil, and educational organizations to join us in recognizing
LAW ENFORCEMENT APPRECIATION DAY 2021 to honor the service of the women and men of the Wheat Ridge Police Department and all those across the country who serve their communities in law enforcement. IN WITNESS THEREOF on this 11th day of January 2021. ______________________________ Bud Starker, Mayor
____________________________ Steve Kirkpatrick, City Clerk
PROCLAMATION NATIONAL RADON ACTION MONTH JANUARY 2021 WHEREAS, radon is an invisible, odorless, radioactive gas that threatens the health of our community; and
WHEREAS, radon is a leading environmental cause of cancer mortality in
the U.S. and the 8th leading cause of cancer mortality overall; and WHEREAS, the Colorado Rocky Mountain Region has been ranked Zone 1 by the U.S. Environmental Protection Agency as an area with the highest
potential radon possible; and WHEREAS, any home in Wheat Ridge, Colorado may have elevated levels of radon (even if homes in the same neighborhood do not); and
WHEREAS, it is important to support recommended radon practices and
policies to reduce radon exposure and protect our community’s health and welfare; and WHEREAS, testing for radon is simple and inexpensive, and when
identified, radon exposure can be addressed effectively; and
WHEREAS, in adopting the 2018 International Codes on January 13, 2020, City Council adopted Appendix F of the International Residential Code, requiring a minimum of passive radon mitigation in new residential construction
to mitigate the transfer of radon gases from the soil into the home; and
WHEREAS, Jefferson County Public Health, the Colorado Department of Public Health and Environment, the U.S. Environmental Protection Agency, and the American Lung Association are supporting efforts to encourage Americans to
test their homes for radon, reduce elevated levels of radon, and build new homes
with radon-resistant features. NOW THEREFORE BE IT RESOLVED that the Wheat Ridge Mayor and City Council formally designate January 1-31, 2021, as
NATIONAL RADON ACTION MONTH IN WITNESS WHEREOF, on this 11th day of January 2021.
Bud Starker, Mayor Steve Kirkpatrick, City Clerk
ITEM NO:
DATE: January 11, 2021
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 01-2021 – A RESOLUTION AMENDING THE FISCAL YEAR 2021 2E BOND FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE RE-APPROPRIATION AND RE-ENCUMBRANCE OF 2020 FISCAL YEAR ENCUMBERED FUNDS IN THE AMOUNT OF $2,748,421.94 FOR WADSWORTH BOULEVARD RIGHT-OF-WAY ACQUISITIONS
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Administrative Services Director City Manager
ISSUE:
All funds for 2E project expenditures were budgeted in 2020 because the work schedule assumed completion of projects in the 2020 calendar year. For reasons including the pandemic and prolonged negotiations with property owners, several rights-of-way necessary for the completion of Wadsworth Boulevard are at a critical stage and due to close in January and February 2021. These
acquisitions advance the project toward construction which is due to begin in June 2021.
$2,748,421.94 remain in the 2020 budget to complete these acquisitions and must be carried forward into 2021 so that the rights-of-way can be purchased.
PRIOR ACTION:
None
1a
Council Action Form – Wadsworth ROW Carryover January 11, 2021
Page 2
FINANCIAL IMPACT: A supplemental budget appropriation is requested in the amount of $2,748,421.94. These funds are
encumbered on two “various vendors” purchase orders and were transferred to the fund balance in
2E Fund 31 on December 31, 2020. Therefore, there are adequate funds in the 2E fund balance to meet this request and there will not be a net negative effect to the fund balance. BACKGROUND:
Per the direction of City Council in 2005, the City utilizes generally accepted accounting principles
(GAAP) which requires all encumbrances expire at year-end. Staff will present an additional list of items for re-encumbrance in the 2021 budget in February. Staff is limiting this current request to rights-of-way acquisitions for Wadsworth Boulevard due to
the sensitive timing of scheduled closings.
RECOMMENDATIONS: Staff recommends approval of the supplemental budget appropriation.
RECOMMENDED MOTION:
“I move to approve Resolution No. 01-2021, a resolution amending the Fiscal Year 2021 2E Bond Fund Budget to reflect the approval of a supplemental budget appropriation for the re-appropriation and re-encumbrance of the 2020 fiscal year encumbered funds in the amount of $2,748,421.94 for Wadsworth Boulevard rights-of-way acquisitions.”
Or, “I move to postpone indefinitely Resolution No. 01-2021, a resolution amending the Fiscal Year 2021 2E Bond Fund Budget to reflect the approval of a supplemental budget appropriation for the
re-appropriation and re-encumbrance of the 2020 fiscal year encumbered funds in the amount of
$2,748,421.94 for Wadsworth Boulevard rights-of-way acquisitions for the following reason(s) _____________________.” REPORT PREPARED AND REVIEWED BY:
Jennifer Nellis, Purchasing and Contracting Agent
Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS:
1. Resolution No. 01-2021
2. Open fund 31 Purchase order report end of year 2020
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 01 Series of 2021
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2021 2E BOND FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE RE-APPROPRIATION AND RE-ENCUMBRANCE OF 2020
FISCAL YEAR ENCUMBERED FUNDS IN THE AMOUNT OF $2,748,421.94 FOR WADSWORTH BOULEVARD RIGHTS-OF-WAY ACQUISITIONS WHEREAS, the City’s independent auditor has recommended that the City utilize
generally accepted accounting principles (GAAP) for its budgeting basis which requires
all encumbrances to expire at year end; and WHEREAS, purchase orders with encumbered funds to purchase remaining rights-of-way on Wadsworth Boulevard remained open on December 31, 2020; and
WHEREAS, to continue to acquire rights-of-way prior to construction in 2021 a supplemental budget appropriation is necessary to transfer the funds from the Fund 31 unreserved fund balance to the specific 2021 budget line items.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The City of Wheat Ridge fiscal year 2021 2E Bond Fund (31) Budget be amended accordingly, specifically transferring funds from the Fund 31 fund
balance to the following accounts: 31-103-700-750 - $22,000 31-103-800-803 - $2,726,421.94
DONE AND RESOLVED this 11th day of January 2021. Bud Starker, Mayor ATTEST:
Steve Kirkpatrick, City Clerk
ATTACHMENT 1
Open Fund 31 - Wadsworth Boulevard - Purchase Order Report
for End of Year - 2020
Fund / Vendor Description Open Amount Reason for carry-over approval
31 - 2E Fund
Various Vendors ROW property purchases -
Wadsworth 22,000.00$ For continued property appraisals in 2021
Various Vendors ROW property purchases -
Wadsworth 2,726,421.94$ For continued property acquisition in 2021
Total to carry over to 2021 2,748,421.94$
ATTACHMENT 2
ITEM NO:
DATE: January 11, 2021
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE PAYMENT TO COLORADO
INTERGOVERNMENTAL RISK SHARING AGENCY (CIRSA) FOR 2021 PROPERTY/CASUALTY PREMIUM IN THE AMOUNT OF $320,615.44
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Administrative Services Director City Manager
ISSUE: The Colorado Intergovernmental Risk Sharing Agency (CIRSA) provides property/casualty
coverage for the City of Wheat Ridge. The annual payment due for 2021 is $320,615.44.
PRIOR ACTION: This CIRSA premium is a budgeted line item in the 2021 adopted budget, General Government – Central Charges account.
FINANCIAL IMPACT: For 2021, the City received a total of $5,367 in credits toward the property/casualty premium for proactive work of the employee Safety Committee in accident prevention and overall loss control efforts.
BACKGROUND: Each year the City of Wheat Ridge completes a CIRSA audit and renewal application process for property/casualty coverage and the premium amount is based on the information provided through those processes. The City scored exceptionally well on the audit and therefore earned
$5,367 toward 2021 premium costs. However due to overall claims in the State of Colorado, the
City’s 2021 property/casualty premium has increased 21% over 2020. While unfortunate,
1b
Council Action Form – CIRSA Annual Premium Payment January 11, 2021
Page 2
surrounding jurisdictions are experiencing higher increases than the City, indicating that the City’s risk management program is working effectively to contain costs. Staff will continue to monitor insurance expenses.
RECOMMENDATIONS: Staff recommends payment of the CIRSA annual property/casualty premium. RECOMMENDED MOTION:
“I move to approve payment to Colorado Intergovernmental Risk Sharing Agency (CIRSA) for
2021 property/casualty premium in the amount of $320,615.44.” Or,
“I move to deny the payment to Colorado Intergovernmental Risk Sharing Agency (CIRSA) for
2021 property/casualty premium in the amount of $320,615.44 for the following reason(s) .” REPORT PREPARED/REVIEWED BY:
Allison Scheck, Administrative Services Director
Patrick Goff, City Manager ATTACHMENTS: 1. Invoice #210118 - Property /Casualty Pool billing for 2021
City Of Wheat Ridge
Attn: Mark Colvin
7500 West 29th Ave.
Wheat Ridge CO 80033
DESCRIPTION COVERAGE DATES AMOUNT DUE
Date: January 01, 2021
Invoice #: 210118
ANNUAL INVOICE
Member ID: 13100
01/01/2021-01/01/2022Property/Casualty Coverage:
Auto Liability $40,627.32
Public Officials E&O Liability $58,274.79
Property Damage $100,356.89
Police Professional Liability $90,690.56
Auto Physical Damage $17,380.81
General Liability (including separately rated exposures)$18,652.07
$325,982.44Total Property/Casualty Coverage:
($5,367.00)2020 Loss Control Audit Credit
$320,615.44TOTAL
This invoice constitutes your Property/Casualty Pool billing for 2021. Based on your selection when you accepted
your quote, you opted to pay your contribution premium in full. Payment is due on January 1, 2021. Payments
Delinquencies are subject to CIRSA Bylaws, Article VIII (1) (a) and Article XV.
This invoice includes all exposure changes reported to us from the time your renewal quote was calculated,
August 14, 2020, to the time the invoice was calculated, December 9, 2020. Any changes between August 14
and December 9, including but not limited to the addition or deletion of buildings, mobile equipment and
automobiles, are reflected in this invoice. Any changes after December 9 will be billed or credited separately.
received in our office after February 15 will be charged interest at the current Prime Rate.
PAYMENT OPTIONS:
Pay On-Line by EFT:
Bank Name: Wells Fargo Bank N.A.
Account Name: CIRSA
Routing Number: 102000076
Account Number: 1018076908
Pay by Check Mailing Address:
CIRSA
P.O. Box 910543
Denver, CO 80291-0543
Pay On-Line Website Address:
https://www.cirsa.org/billpay
ATTACHMENT 1
ITEM NO:
DATE: January 11, 2021
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE AN AGREEMENT WITH MOLSON
COORS BEVERAGE COMPANY, A DELAWARE CORPORATION, AND ITS AFFILIATE, COORS BREWING COMPANY TO PERMIT USE OF ITS PROPERTY FOR STAGING IN CONNECTION WITH THE PREVIOUSLY-APPROVED BAYOU DITCH REPAIR AND HEADGATE REPLACEMENT PROJECT
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Parks and Recreation Director City Manager
ISSUE:
Approval of an agreement with Molson Coors Beverage Company to permit the use of its property for access and staging of materials and equipment in connection with the previously-approved Bayou Ditch Repair and Headgate Replacement Project.
PRIOR ACTION:
On December 14, 2020, Council approved the award of a contract to Meridiam Partners, LLC for the aforementioned repair and reconstruction project on the Bayou Ditch.
FINANCIAL IMPACT: There is no additional financial impact for this agreement.
BACKGROUND: The City manages and maintains the Clear Creek Trail and has an easement crossing the Bayou Ditch via a concrete paved trail-way. The Bayou Ditch is owned, managed, and maintained by
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Council Action Form – Agreement for Property Access, Indemnification and Insurance January 11, 2021
Page 2
the Bayou Ditch Association. The concrete paved trail is open to the public and also serves as a maintenance corridor for the City, ditch companies and adjacent land owners.
The City conducted a formal solicitation and received bid submittals from eight interested
contractors. Meridiam was selected as the qualified responsive and responsible low bidder. Parks, Forestry, and Open Space staff recommended to Council the award of the Bayou Ditch Pipe and Headgate Replacement Project to Meridiam Partners, LLC of Denver, Colorado.
RECOMMENDATIONS: Staff recommends council approves the agreement to allow access and staging on Molson Coors property for the sole purpose of conducting the previously-approved construction project.
RECOMMENDED MOTION:
“I move to approve an agreement with Molson Coors Beverage Company, a Delaware
Corporation, and its affiliate, Coors Brewing Company to permit use of its property for staging in connection with the previously-approved Bayou Ditch Repair and Headgate Replacement Project.”
Or,
“I move to not approve an agreement with Molson Coors Beverage Company, a Delaware Corporation, and its affiliate, Coors Brewing Company to permit use of its property for staging in connection with the previously-approved Bayou Ditch Repair and
Headgate Replacement Project for the following reason(s) ______________________.”
REPORT PREPARED/REVIEWED BY: Zach Lovato, Parks, Forestry and Open Space Manager Karen A. O’Donnell, Director of Parks and Recreation
Patrick Goff, City Manager
ATTACHMENTS: 1. Agreement for property access, indemnification and insurance
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AGREEMENT FOR PROPERTY ACCESS, INDEMNIFICATION AND INSURANCE
This Agreement for Property Access, Indemnification and Insurance (“Agreement”) is made effective as of _____________, 2021 (the “Effective Date”) by and between the City of Wheat Ridge a Colorado municipal corporation whose address is 7500 W. 29th Avenue, Wheat Ridge, Colorado
80033, (the “City”) and Molson Coors Beverage Company, a Delaware corporation, and its affiliate,
Coors Brewing Company (collectively, “Molson Coors”) (singularly, a “Party”) collectively, the “Parties” for the purpose of limited access to and upon the property of Molson Coors located in Jefferson County as more specifically depicted in the attached Exhibit A (the “Property”), for the sole purpose of the City replacing a culvert and irrigation ditch located adjacent to the Property, as set forth
more fully in the attached Exhibit B (the “Project”).
ARTICLE 1. SCOPE AND TERM OF ACCESS
1.1 Nonexclusive Right of Access Granted. Molson Coors hereby grants to City a nonexclusive right of access solely for the Project as set forth in Exhibit B. This right shall be at all
times and in all respects subject to Molson Coors’ rights, reserved hereby, to use and enjoy the
Property for any and all uses and purposes Molson Coors may elect.
1.2 Term. The term of this Agreement shall commence on the Effective Date and shall continue until the earlier of the completion of the Project, or until terminated by Molson Coors in its sole discretion, as provided under Section 1.3.
1.3 Termination by Molson Coors. Molson Coors hereby expressly reserves the right to
terminate this Agreement at any time, for any reason, with or without notice to City. If Molson Coors terminates the Agreement under this Section, Molson Coors shall have no liability to the City for any damages, whether past or future, in any form.
ARTICLE 2.
CONSIDERATION
2.1 Consideration. The City shall pay to Molson Coors Zero dollars ($0) as consideration for the right of access from Molson Coors set forth in Section 1.1, payable immediately upon execution of this Agreement. City acknowledges and agrees that the strict indemnification, hold harmless provisions and other undertakings of the City contained in this Agreement are essential components of
the consideration for the grant of the access by Molson Coors.
ARTICLE 3. CITY REPRESENTATIONS, WARRANTIES AND COVENANTS
3.1 Reasonable Progress. The City shall use its best efforts to complete the Project in a workmanlike manner and in a reasonable time frame, with no undue delay.
3.2 Property Restoration. At the completion of the Project or upon termination of this
Agreement under Section 1.3, City shall restore the Property to as good a condition as previously existed, subject to Molson Coors’ approval and acceptance, which approval and acceptance shall not be unreasonably withheld.
ATTACHMENT 1
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3.3 Excavation. If an excavation shall be made upon the Property, Molson Coors shall have the right to reasonable prior notice of such work and the City shall designate such person or persons necessary for the purpose of doing such excavation as is necessary to preserve all or any part of the Property, including, without limitation, any improvements upon the Property, from injury or damage,
and to support the same by proper foundations, without any claim for damages or indemnification
against Molson Coors. No excavation is planned on the Property.
3.4 Non-Interference with Other Uses. The City shall take reasonable steps in exercising any of the rights provided in this Agreement in order to preserve the value of the Property and to not interfere with any uses of the Property then existing or ongoing during the Project, whether by Molson
Coors, its affiliates, lessees, contractors or other licensees.
3.5 No Liens. City shall keep the Property free and clear of any mechanic’s or materialmen’s liens for labor performed or material furnished at the instance or request of the City or anyone claiming under the City. Prior to commencement of the Project, the City shall deliver notices to all contractors and subcontractors and post notices in accordance with C.R.S. § 38-22-105 (as the same may be
amended or in accordance with similar statutes that may be substituted therefore in the future) in
locations visible to parties performing any work, which notices shall state that Molson Coors is not responsible for payment of any Project costs or fees, and setting forth such other information as may be required pursuant to such statutory provisions.
3.6 Compliance with Laws. During the Term of this Agreement, and for as long as any
Project improvements remain on or under the Property, the City shall comply with, and represents and
warrants compliance with all laws, rules, regulations, and requirements of all federal, state and local governments and agencies and their departments which are applicable to the Property and the Project (“Applicable Laws”), and shall at all times have in effect all licenses necessary, if any, for the Project and any work or by-product associated therewith.
ARTICLE 4. INDEMNIFICATION
4.1 For purposes of this Article, Molson Coors shall mean Molson Coors Brewing City and its parent, subsidiary and affiliated companies (including, without limitation, MillerCoors LLC) and their respective officers, agents, representatives and employees. Within the limitations of the Colorado
Constitution and statutes. City agrees to and shall indemnify Molson Coors against, and hold Molson
Coors harmless from any and all claims (whether asserted or unasserted), losses, damages (whether direct, indirect or consequential, and including but not limited to damages for injuries or death of any person, and all damages to and destruction of property by whomsoever owned, including loss of use thereof or interruption of business associated therewith), violations of any rule, regulation, statute,
ordinance or permit resulting directly or indirectly, in whole or in part, from the access granted herein,
including but not limited to the construction, use, maintenance, existence or removal of any Project improvement or any related structure covered by this Agreement or the prosecution or omission of any activity, work or obligation undertaken by City or required of City by this Agreement in connection therewith, obligations, causes of action, suits, administrative actions, deficiencies, assessments, liens
and liabilities of every kind (collectively “Claims”), including without limitation, any pre- and post-
judgment interest and any attorneys’ fees, costs and expenses incurred in the investigation, defense, and settlement of such Claims, resulting directly or indirectly, in whole or in part from the acts or omissions of City, its agents, employees, affiliates, vendors, contractors, subcontractors or subagents, in connection with this Agreement, or arising from City’s breach of any obligation, representation,
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warranty or covenant contained in this Agreement. City shall defend Molson Coors against the foregoing, or litigation in connection with the foregoing, at City’s expense, with counsel reasonably acceptable to Molson Coors. Molson Coors, at its expense, shall have the right to participate in the defense of any Claims or litigation and shall have the right to approve any settlement, which shall not
be unreasonably withheld. The indemnification provision of this Section shall not apply to damages or
other losses proximately caused by or resulting from the negligence of Molson Coors. All indemnification obligations shall survive termination, expiration or cancellation of this Agreement.
4.2 Hazardous Materials; Indemnity. City shall not cause or permit any:
a. Hazardous Materials to be brought upon, kept or used in or about the Property by the
City, its agents, employees, contractors or invitees, without Molson Coors’ prior written consent. If
City breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Materials on the Property caused or permitted by City results in any damage or contamination of the Property, or if contamination of the Property by Hazardous Materials otherwise occurs for which City is legally liable to Molson Coors for any damage resulting therefrom, then City shall indemnify,
defend and hold Molson Coors harmless from any and all claims (whether asserted or unasserted),
judgments, damages, penalties, fines, costs, liabilities or losses which arise during or after the term hereof as a result of such use, damage or contamination. This indemnification of Molson Coors by City includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work, including, without limitation, any that is
required by any federal, state or local governmental agency or political subdivision. Without limiting
the foregoing, if the presence of any Hazardous Material on the Property caused or permitted by City results in any damage or contamination of the Property, City shall promptly take all actions at its sole expense as are necessary to return the Property to the condition existing prior to the introduction of any such Hazardous Material to the Property; provided, however, that Molson Coors’ approval of such
actions shall first be obtained, which approval shall not be unreasonably withheld so long as such
actions would not potentially have any adverse effect on the Property. If City fails to perform its obligation to return the Property to the condition required by this paragraph within a reasonable time after notice from Molson Coors, Molson Coors shall have the right to restore the Property at City’s expense.
b. As used herein, the term "Hazardous Material" means any hazardous or toxic
substance, material or waste, including but not limited to petroleum and petroleum related products, that is or becomes regulated by any local governmental authority, the State of Colorado or the United States government.
ARTICLE 5.
STATUS OF PARTIES
5.1 No Partnership. It is understood and agreed that nothing contained in this Agreement shall be considered in any way as constituting a partnership or joint venture between Molson Coors and City.
5.2 Expenses and Costs. All expenses and costs in anyway pertaining to this Agreement
shall be the sole and separate liability of City. City agrees that it shall assume sole responsibility for
paying all expenses and costs of every kind and nature incurred directly or indirectly under this Agreement, including any costs or expenses associated with the Project. Molson Coors assumes no financial responsibility of any kind or nature relative to this Agreement.
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ARTICLE 6. INSURANCE
City shall secure and maintain during the performance of its obligations under this Agreement and throughout the Term, at least the following types of insurance and minimum coverage: (a)
Commercial General Liability Insurance, including Contractual Liability and Products/Completed
Operations coverage with a combined single limit for bodily injury, death, personal injury and property damage of $2,000,000 per occurrence and $2,000,000 general aggregate, and $2,000,000 Products/Completed Operations aggregate; (b) Automobile Liability Insurance with combined single limit for bodily injury and property damage of $2,000,000 per accident; (c) Statutory Workmen’s
Compensation and Occupational Disease Disability Insurance as required by law; and (d) Employer’s
Liability Insurance with limits of $1,000,000 for bodily injury by accident, each employee, $1,000,000 for bodily injury by disease, each employee, and $1,000,000 aggregate liability for disease. Prior to the start of the Project or any work related thereto, City shall furnish to Molson Coors evidence of such insurance coverages in the form of Certificates of Insurance. Molson Coors shall be named as an
additional insured on City’s Commercial General Liability and Automobile Liability insurance
policies. All Certificates of Insurance shall provide that Molson Coors shall be provided thirty (30) days written notice prior to any change, substitution or cancellation of such policies of insurance. All such insurance policies shall be “occurrence” policies rather than “claims made” policies and shall be issued by companies authorized to do business in Colorado and having a rating of A-X or better by
A.M. Best City. The foregoing requirements as to the types and limits of insurance coverage to be
maintained by City is not intended to and shall not in any way or manner limit or qualify the liabilities and obligations of City pursuant to this Agreement. The coverage requirements of this Article may be satisfied by evidence of the City’s coverage as a member of the Colorado Intergovernmental Risk Sharing Association (“CIRSA”).
ARTICLE 7. NOTICES
Any notice, demand, consent, election, offer, approval, request or other communication (collectively, a “notice”) required under or provided pursuant to this Agreement must be in writing and either delivered personally, sent by overnight delivery courier, or sent by certified or registered mail,
postage prepaid, return receipt requested to the person designated below (the “Designated
Representative”). Notice shall be deemed given when received. A notice sent by facsimile will be deemed given when receipt by the receiving facsimile machine has been confirmed.
A notice must be addressed as follows:
To the City:
With a copy to:
Zachary Lovato
Manager of Parks, Forestry and Open Space
City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033
Gerald Dahl, City Attorney 710 Kipling Street, Suite 300 Lakewood, CO 80215
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To Molson Coors: Brian Hemphill Coors Brewing City Real Estate Dept. P.O. Box 4030
Denver, CO 80202
With a copy of legal notices to: Chief Legal Officer Molson Coors Beverage City 3939 W. Highland Avenue
Milwaukee, WI 53208
ARTICLE 8. MISCELLANEOUS
8.1 Authority. City warrants that it has the full authority and power to enter into and
perform under this Agreement and to make all representations, warranties and grants as set forth
herein. City represents that it is not subject to any restrictive obligations imposed by former clients or any other person that would impair its ability to exercise its best efforts for or on behalf of Molson Coors in connection with services to be performed pursuant to his Agreement.
8.2 Survivability. All covenants, indemnities, guarantees, representations and warranties by
City shall survive such expiration.
8.3 Enforceability. Either Party’s failure in any one or more instances to insist upon strict performance of any of the terms and conditions of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment of that right or of that Party’s right to assert or rely upon the terms and conditions of this Agreement. Any express waiver of a term of this
Agreement shall not be binding and effective unless made in writing and properly executed by the
waiving Party.
8.4 Amendments. This Agreement may not be amended except in writing properly executed by both Parties. Except as specifically amended, this Agreement shall remain in full force and effect as written.
8.5 Assignment. City shall not have the right or power to assign its rights or delegate its
obligations hereunder without the express written consent of Molson Coors. Any attempt to do so without such consent shall be null and void and shall permit Molson Coors the right to terminate this Agreement. In the event this Agreement is properly assigned, the provisions of this Agreement shall bind and benefit the Parties hereto and their representatives, successors and assigns.
8.6 Severability. Any invalid or unenforceable provision shall be deemed severed from this
Agreement to the extent of its invalidity or unenforceability, and the remainder of this Agreement shall remain in full force and effect.
8.7 Complete Agreement. This Agreement, and all exhibits thereto, constitute the complete and exclusive agreement between the Parties. It supersedes all prior written and oral statements,
conditions, obligations, representations or warranties. In the event of any inconsistency between this
Agreement and any Exhibit, the provisions of this Agreement shall take precedence.
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8.8 Counterparts. This Agreement may be executed simultaneously in two or more counterparts which, when taken together, shall be deemed an original and constitute one and the same document. The signature of any Party to the counterpart shall be deemed a signature to the Agreement, and may be appended to, any other counterpart. Facsimile transmission of executed signature pages
shall be sufficient to bind the executing Party.
8.9 Headings. The headings to the various paragraphs of this Agreement are solely for the convenience of the Parties, are not part of the Agreement and shall not be used for the interpretation of the validity of the Agreement or any provision hereof.
8.10 Jurisdiction and Venue; Choice of Law. This Agreement shall be governed by the laws
of the state of Colorado. Any litigation shall be brought in District Court, Jefferson County, State of
Colorado or the U.S. District Court for the District of Colorado, if appropriate, and each Party submits to the exclusive jurisdiction of said courts and waives the right to change venue. City further consents to the exercise of personal jurisdiction by any such court with respect to any such proceeding.
IN WITNESS WHEREOF, Molson Coors and City have executed this Agreement as of the
mutual date of execution written below their signatures.
CITY OF WHEAT RIDGE, a Colorado municipal corporation By:____________________________________
Bud Starker, Mayor
ATTEST:
_______________________________ Steven Kirkpatrick, City Clerk
APPROVED AS TO FORM:
________________________________
Gerald Dahl, City Attorney
MOLSON COORS BEVERAGE COMPANY, a Delaware corporation
By:____________________________________
Title:___________________________________
Date: __________________________________
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Exhibit A Description of Property
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Exhibit B Project Plans and Approved Associated Activities
Exhibit B - Bayou Ditch Project Associated Activities
1.Set up safety zone and traffic control for work site.
2.Set up equipment staging area on Molson/Coors property and Denver
Water easement concreted area.
3.Set up of material staging area on City property.
4.Demolition of existing Bayou ditch pipes and associated head gate.
5.Haul away of all construction debris.
6.Install new Bayou Ditch pipe, head gate and related work.
7.Remove all construction materials, return the materials staging area and
equipment staging are to pre-construction conditions.
8.Remove all construction safety zone materials.
The full RFP can be viewed here:
https://www.ci.wheatridge.co.us/DocumentCenter/View/32964/ITB-20-21-Bayou-Ditch-
Culvert-Replacement
ITEM NO: 2
DATE: January 11, 2021 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 22-2020 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4990 PARFET STREET FROM PLANNED COMMERCIAL DEVELOPMENT (PCD) TO PLANNED INDUSTRIAL DEVELOPMENT (PID) WITH APPROVAL OF AN OUTLINE DEVELOPMENT PLAN (CASE NO. WZ-20-02 / AXIS 70 WEST)
Note: Staff will present both related cases (Agenda items 2 and 5) at one time and requests that
both items be introduced at one time and that both public hearings be opened concurrently. Two separate motions will be required.
PUBLIC HEARING ORDINANCES FOR 1ST READING (12/14/20) BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/11/21) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ __________________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a zone change from Planned Commercial Development to Planned Industrial Development with approval of an Outline Development Plan for property located at 4990 Parfet Street (near the northeast corner of I-70 Frontage Road North and Parfet
Street). The purpose of this request is to prepare the property for the development of a large
format industrial land use. PRIOR ACTION: Planning Commission heard the request at a public hearing on December 3, 2020, and
recommended approval of the zone change and ODP by a vote of 8-0, 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.
Council Action Form – Rezoning Property at 4990 Parfet Street from PCD to PID January 11, 2021
Page 2
2. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan.
3. The proposed zoning is consistent with the intent of a planned development, compatible
with surrounding land use, and will result in a high-quality development. 4. The criteria used to evaluate a zone change supports the request. 5. The proposed planned development is necessary and appropriate to accommodate a large-format industrial land use which is not contemplated to the City’s standard zoning codes.
A minor change was made to the ODP to address recommended conditions of the SDP pertaining to allowable fence/wall heights, therefore there are no conditions included in City Council’s recommended motion. The staff report and meeting minutes from the December 3 Planning Commission meeting are enclosed. The revised ODP is attached.
FINANCIAL IMPACT: Fees in the amount of $2,349 were collected for the review and processing of Case No. WZ-20-02. Building permit and plan review fees, along with building use tax will be paid as part of the issuance of building permits
BACKGROUND: The property is addressed as 4990 Parfet Street, and is bounded by Parfet Street to the west, I-70 Frontage Road North to the south, Oak Street to the east, and West 50th Avenue to the north. The property consists of two parcels, which are proposed to be consolidated through an
administrative subdivision plat that is currently under staff review. The two parcels total
approximately 10.58 acres in area and are presently vacant land.
Surrounding Land Uses The property is currently zoned Planned Commercial Development (PCD), specifically Medved
Chevrolet PCD. Most of the surrounding zoning is industrial: southeast, east, and northeast of the
property is zoned Planned Industrial Development (PID), north is Industrial-Employment (I-E), northwest is Agricultural-One (A-1), west (Medved) is Commercial-One (C-1), and southwest (parcel with the billboards) is Commercial-Two (C-2). There is an approximately 22 feet wide parcel that runs parallel to the property immediately south that belongs to a railroad company
and is zoned C-1.
Current and Proposed Zoning The property is currently zoned Planned Commercial Development (PCD), specifically Medved Chevrolet PCD. In 2005, the owner of Medved Colorado (the auto dealership across Parfet St. to
the west) rezoned the property with the intention of it being an extension of the existing
dealership. However, the PCD development never came to fruition and the land remains undeveloped. Under the current zoning, the site can only be developed as an auto dealership with associated
ancillary uses; therefore, a rezoning is necessary to accommodate anything other than an auto
dealership. The proposed ODP largely follows the allowances of Industrial-Employment (I-E)
Council Action Form – Rezoning Property at 4990 Parfet Street from PCD to PID January 11, 2021
Page 3
zoning; however, because of the unique challenges of the site and proposal for such a large-scale industrial building for which City standards do not contemplate, not all standards of the I-E zone
district can be met. For these reasons, the applicant has proposed a rezoning to Planned Industrial
Development (PID), with standards set forth within the ODP. The customized standards are the direct result of the nature of large-format industrial development and a result of unique site conditions, including: multiple street frontages, multiple irrigation ditches and drainage channels, a multitude of necessary easements, a high water table, and the need to accommodate the turning
movements of large trucks.
Outline Development Plan The proposed Planned Industrial Development (PID) zoning and Outline Development Plan are intended to accommodate a large-format industrial building. The site is bounded on three sides
by right-of-way, including Oak Street on the east, Parfet Street on the west, and West 50th
Avenue on the north. As shown on the sketch plan provided on sheet 2 of the ODP, the building is designed for the main façade of the building to front on Parfet Street. The loading side of the building would then front on Oak Street. The property will have two access points from Oak Street, and two access points from Parfet Street. Standard parking wraps the building on the
north, south, and west sides with a truck court proposed on the east.
In general, the development standards follow the Industrial-Employment (I-E) zone district standards with some modifications to accommodate larger scale development and in response to adjacent streets, as well as the adjacent residential use to the northwest. In the spirit of providing
a high-quality development through a PID, the project proposes increased landscaping,
setbacks/buffering, and screening; data-driven parking requirements specific to allowable uses; and customized architectural and design standards. The proposed development standards are analyzed in more detail on pages 2 through 6 of the
Planning Commission staff report. The request complies with the zone change criteria in Section
26-303 of the City Code, and staff makes the following findings based on the criteria:
• The change of zone promotes the health, safety, and general welfare of the
community and will not result in a significant adverse effect. – The proposed
development is a compatible land use and intensity with the surrounding land uses, and the investment contributes to economic growth by providing around 100 new jobs and services, improves public utility infrastructure by undergrounding storm systems and upgrading utilities, and advances much-needed public improvements along West 50th
Avenue, Oak Street, and Parfet Street, in line with the City’s Transportation Structure
Plan and requirements of the fire district. The development will likely add value to the area through high-quality design. The proposed industrial zoning arguably provides a more compatible land use for the area than alternatives allowed under the I-E or the current PCD zoning, which would likely result in much higher intensity uses such as an
auto-dealership.
Council Action Form – Rezoning Property at 4990 Parfet Street from PCD to PID January 11, 2021
Page 4
• The development proposed on the subject property is not feasible under any other
zone district. – The in-place zoning as a PCD is very specific and is restrictive in its
focus on providing only for an auto-dealership and ancillary warehouse for storage and distribution of auto parts and servicing vehicles. The proposed development of a speculative industrial building on the site would not be permitted by the existing PCD zoning. The alternative straight zoning, I-E, would require a multitude of variances
related to parking, access, landscaping, and the ASDM, with no guarantee for quality
development. Additionally, there are a number of factors that are unique to the site that make it a challenge to develop under straight zoning, including the Arvada Channel, Bayou Ditch, Ridge Road Tributary, and stormwater piping, as well as existing easements, drainage and public improvements required along rights-of-way. Therefore,
the PID zoning is necessary to avoid an unreasonable number of variances and ensure
high quality design. PID zoning is the most appropriate zoning, and includes commitment by way of the ODP for enhanced architecture and landscaping not normally required in other zone districts, including I-E.
• 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 significant public improvements, including on-site drainage, stormwater upgrades, utility upgrades, and public improvements along rights-of-way.
• 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, four of which are achieved by this project: 1. Create a Resilient Local Economy Based on a Balanced Mix of Land Uses.
2. Enhance Community Character and Accentuate Quality Design. 3. Increase Transportation Connections and Options. 4. Ensure a Sustainable Future. The ODP reflects allowable uses, development standards, and architectural requirements
that will help with economic growth and guarantee quality design. Additionally, the ODP improves transportation connections by way of required public improvements along the rights-of-way. It also provides a future opportunity to extend 50th Avenue in line with the Transportation Structure Plan. Lastly, by undergrounding and improving existing drainage ways, upgrading utilities on site, and installing public improvements in line with
future transportation plans, the proposal is likely to result in a positive future outcome. The site is located in the “Employment” designation area, which encompasses this site as well as surrounding properties to the north and east. The proposed zone change is
Council Action Form – Rezoning Property at 4990 Parfet Street from PCD to PID January 11, 2021
Page 5
consistent with the employment designation, and the industrial project supports the City’s above-stated goals. It will also be more compatible than an auto dealership, which is the
only use allowed under current zoning, and allows for an appropriate transition to mixed-
use/TOD areas to the west by providing urban streetscapes and modern building design. Lastly, it will facilitate development of a long-vacant lot. 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. In this case, the applicant is requesting concurrent review of the ODP and SDP.
Both applications will be presented together at the public hearing. The SDP will be considered
by City Council by Resolution No. 03-2021 (Agenda item 5). 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.
Per City Code, the City Council shall use the criteria in Section 26-603 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. 22-2020, an ordinance approving the rezoning of property located at 4990 Parfet Street from Planned Commercial Development (PCD) to Planned Industrial Development (PID) with an Outline Development Plan, 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 recommendations 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.”
Council Action Form – Rezoning Property at 4990 Parfet Street from PCD to PID January 11, 2021
Page 6
Or,
“I move to deny Council Bill No. 22-2020, an ordinance approving the rezoning of property located at 4990 Parfet Street from Planned Commercial Development (PCD) to Planned Industrial Development (PID) with an Outline Development Plan, 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: Stephanie Stevens, Senior Planner Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS: 1. Council Bill No. 22-2020 2. Planning Commission Staff Report
3. Planning Commission Minutes
4. Official Development Plan
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DOZEMAN COUNCIL BILL NO. 22
ORDINANCE NO. 1701 Series of 2020 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4990 PARFET STREET FROM PLANNED
COMMERCIAL DEVELOPMENT (PCD) TO PLANNED INDUSTRIAL DEVELOPMENT (PID) WITH APPROVAL OF AN OUTLINE DEVELOPMENT PLAN (CASE NO. WZ 20-02 / AXIS 70 WEST)
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, Industrial Partners Qualified Opportunity Fund, LLLP submitted a land use application for approval of a zone change to the Planning Industrial District
(PID) for property at 4990 Parfet Street; and, WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan, Envision Wheat Ridge, which calls for the creation of a resilient local economy based on a balanced mix of land uses; and,
WHEREAS, the proposed planned development is necessary and appropriate to accommodate a large-format industrial land use which is not contemplated in the City’s standard zoning codes; and,
WHEREAS, the zone change criteria support the request; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on December 3, 2020 and voted to recommend approval of the rezoning of the property to Planned Industrial Development (PID).
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Industrial Partners Qualified Opportunity Fund,
LLLP for approval of a zone change ordinance from Planned Commercial Development (PCD) to Planned Industrial Development (PID) for property located at 4990 Parfet Street, 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 LOCATED IN THE SOUTHWEST ¼ OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THAT PARCEL OF
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LAND RECORDED IN BOOK 126 AT PAGE 583 IN THE CLERK AND RECORDERS OFFICE OF JEFFERSON COUNTY FROM WHENCE THE SOUTH ¼ CORNER OF SAID SECTION 16 BEARS S00°12'56"E, 488.60
FEET; THENCE S73°50'05"W ALONG SAID SOUTHERLY LINE OF THAT PARCEL OF LAND RECORDED IN BOOK 126 AT PAGE 583 IN THE CLERK AND RECORDERS OFFICE OF JEFFERSON COUNTY RECORDS, 549.59 FEET TO A POINT ON THE EAST LINE OF PARFET STREET AS RECORDED IN BOOK 155 AT PAGE 424 IN THE CLERK AND RECORDER'S OFFICE OF
JEFFERSON COUNTY; THENCE N00°12'41"W ALONG SAID EAST LINE OF PARFET STREET, 96.79 FEET; THENCE N00°21'29"W ALONG SAID EAST LINE OF PARFET STREET, 754.84 FEET TO THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN BOOK 1329 AT PAGE 127 IN THE CLERK AND RECORDER'S OFFICE OF JEFFERSON COUNTY; THENCE
N89°29'17"E ALONG THE SOUTH LINE OF SAID PARCEL, 139.89 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE N00°19'39"W ALONG THE EAST LINE OF SAID PARCEL, 126.49 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST ¼ SOUTHWEST ¼ OF SAID SECTION 16; THENCE N89°29'34"E ALONG SAID NORTH LINE, 390.68 FEET
TO THE NORTHEAST CORNER OF THE SOUTHEAST ¼ SOUTHWEST ¼ OF SAID SECTION 16; THENCE S00°12'56"E ALONG THE EAST LINE OF THE SOUTHEAST ¼ SOUTHWEST ¼ OF SAID SECTION 16, 829.81 FEET TO THE POINT OF BEGINNING, 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.
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INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 14th day of December 2020, ordered it published with Public Hearing and consideration on final passage set for Monday, January 11, 2021 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 11th day of January, 2021.
SIGNED by the Mayor on this 11th day of January, 2021. _________________________ Bud Starker, Mayor
ATTEST: ________________________
Steve Kirkpatrick, City Clerk Approved as to Form
________________________________ Gerald Dahl, City Attorney
1st publication: December 17, 2020 2nd publication: January 14, 2021 Jeffco Transcript Effective Date: January 29, 2021
Published: Jeffco Transcript and www.ci.wheatridge.co.us
Planning Commission 1
Case Nos. WZ-20-02 & WZ-20-03 / Axis 70 West
CITY OF WHEAT RIDGEPLANNING DIVISION STAFF REPORT
TO: Planning Commission MEETING DATE: December 3, 2020
CASE MANAGER: Stephanie Stevens
CASE NO. & NAME: WZ-20-02 & WZ-20-03 / Axis 70 West
ACTION REQUESTED: Approval of a zone change from Planned Commercial Development (PCD) to
Planned Industrial Development (PID) with approval of an Outline Development Plan (ODP) and Specific Development Plan (SDP) for the development of an industrial warehouse.
LOCATION OF REQUEST: 4990 Parfet Street (Northeast corner of I-70 Frontage Road N and Parfet Street)
APPLICANT/OWNER (S): Matt Mitchell (Industrial Partners Qualified Opportunity Fund, LLLP)
APPROXIMATE AREA: 460,955 square feet (10.58 acres)
PRESENT ZONING: Planned Commercial Development (PCD)
COMPREHENSIVE PLAN: Employment
ENTER INTO RECORD:(X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN(X) ZONING ORDINANCE (X) DIGITAL PRESENTATION
Location Map
Site
ATTACHMENT 2
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Case Nos. WZ-20-02 & WZ-20-03 / Axis 70 West
JURISDICTION:
All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case.
I. REQUEST
Case No.’s WZ-20-02 and WZ-20-03 is an application for approval of a zone change with an Outline Development Plan (ODP) and Specific Development Plan (SDP) for property located at the northeast
corner of I-70 Frontage Road North and Parfet Street (4990 Parfet St.). The purpose of the rezoning
request is to change the zoning from Planned Commercial Development (PCD) to Planned Industrial Development (PID) to allow for the construction of an industrial warehouse.
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, 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. 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 concurrent review of the ODP and SDP. Because of this, the City Council is the final approving body for both documents.
In addition, an administrative consolidation plat is being processed for the site under Case No. MS-20-05. The plat is currently under review by staff and has been found to be approvable, pending approvalof the SDP.
II. EXISTING CONDITIONS/PROPERTY HISTORY
The property is bounded by Parfet Street to the west, I-70 Frontage Road N to the south, Oak Street to the east, and W. 50
th Avenue to the north (Exhibit 1, Aerial). The property consists of two parcels, which are proposed to be consolidated through an administrative subdivision plat that is currently under staff review. The two parcels total approximately 10.58 acres in area and are presently vacant
land.
The property is currently zoned Planned Commercial Development (PCD), specifically Medved Chevrolet PCD (Exhibit 2, Zoning). In 2005, the owner of the Medved Colorado (auto dealership across the street west on Parfet St.) rezoned the property with the intention of it being an extension of
the existing dealership. However, the PCD development never came to fruition and the land remains undeveloped.
Most of the surrounding zoning is industrial: southeast, east, and northeast of the property is zoned Planned Industrial Development (PID), north is Industrial-Employment (I-E), northwest is
Agricultural-One (A-1), west (Medved) is Commercial-One (C-1), and southwest (parcel with the billboards) is Commercial-Two (C-2). There is an approximately 22 feet wide parcel that runs parallel to the property immediately south that belongs to a railroad company and is zoned C-1.
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Case Nos. WZ-20-02 & WZ-20-03 / Axis 70 West
Under the current zoning, the site can only be developed as an auto dealership with associated ancillary uses; therefore, a rezoning is necessary to accommodate anything other than an auto dealership. The proposed ODP largely follows the allowances of Industrial-Employment (I-E) zoning; however, because of the unique challenges of the site and proposal for such a large-scale industrial building for
which City standards do not contemplate, not all standards of the I-E zone district can be met. For
these reasons, the applicant has proposed a rezoning to Planned Industrial Development (PID), with standards set forth within the ODP. The customized standards are the direct result of the unique site conditions and the nature of this type of large-format industrial development.
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 page 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 development standards, and other
standard notes. The second page includes the conceptual layout of the property, including access drivesand building orientation, as well as architectural standards.
Allowable UsesUses permitted per the ODP are all uses permitted in the City’s established Industrial-Employment (I-
E), Commercial-One (C-1), and Commercial-Two (C-2) zoning, with emphasis placed on encouraging industrial and commercial uses that support employment.
Development StandardsIn general, the development standards follow the I-E standards with some modifications to
accommodate larger scale development and in response to adjacent streets, as well as the adjacent residential use to the northwest. In the spirit of providing a high-quality development through a PID,the project proposes increased landscaping, setbacks/buffering, and screening; data-driven parking requirements specific to allowable uses; and customized architectural and design standards.
x Height, Size, Lot Coverage, and Setbacks –The ODP calls for the following development standards which vary slightly from I-E as noted in the table:
Standard Proposed Compared to I-E Compared to Medved
PCD (existing zoning)
Maximum Building Height 50’Same as proposed Same as proposed
Minimum Lot Area No limitations Same as proposed Same as proposed
Minimum Lot Width No limitations Same as proposed Same as proposed
Maximum Building Coverage 85%Same as proposed 80%
Front setback (Parfet Street)10 feet 15 feet 50 feet
Side setbacks 10-15 feet 15 feet 15 feet / 30 feet (adjacent to residential)Rear setback (Oak Street)10 feet 15 feet*50 feet
*Landscape buffering is proposed to be more restrictive than setbacks along Oak Street, sosetbacks will actually be larger than standards reflect. See analysis of landscape requirementsbelow.
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Case Nos. WZ-20-02 & WZ-20-03 / Axis 70 West
x Parking –The ODP categorizes parking requirements for each use, with a request for ultimately less restrictive parking than the standard warehouse and sales uses would require per Section 26-501, and based on comparable requirements for large format industrial uses in otherjurisdictions around the Denver Metro area. Comparables can be found in the applicant’snarrative (Exhibit 8, Letter of Request).
Use Proposed Compared to I-E Compared to Medved
PCD (existing zoning)
Manufacturing, processing, assembly or similar industrial uses
1 per 500 sq. ft. or 1 per employee, whichever is higher 1 per 500 sq. ft.1 per employee
Warehouse
1 per 2,000 sq. ft. or 1 per employee, whichever is
higher (no maximum total area)
1 per 600 sq.ft. of area devoted to warehouse or work area (maximum of 75% of total area) plus 1
space per 300 square feet of retail, wholesale or office area (minimum of 25% of total area)
1 per 500 sq. ft.
Office 1 per 300 sq. ft.Same as proposed Same as proposed
Sales, Showroom 1 per 1,000 square feet
Use not listed in I-E;Interpreted as being similar to retail or wholesale of large items: 1 per 300 sq. ft.
1 per 250 sq. ft.
Bicycle Parking Min. 5% of total car spaces, no less than 2 spaces Same as proposed Same as proposed
x Access –A maximum of two access points per public street are proposed instead of one access
point per property ownership as allowed by code per Fire District requirements that are based
on the size of the building. Curb cuts are proposed to be a maximum 45’ in width in lieu of the
35’ maximum width requirement to accommodate truck turning movements along Oak Street.
x Landscape Requirements –The ODP proposes flexibility to standard landscape requirements
where utilities or easements exist on site, but requires the typical minimum required plants to be relocated elsewhere on site if and when in conflict, with a minimum landscape buffer width to be increased by 50% in these instances. Specifically, the eastern portion of the site (i.e. Oak Street) is heavily encumbered by easements associated with the Bayou Ditch, Arvada Channel,
and stormwater pipes that need to be avoided. Allowing a variation to typical landscaping
standards in this location is necessary to achieve any development on site, and requirements for landscape relocation allow for plant material to be placed in more appropriate locations where screening is of higher priority, such as screening of parking areas and headlights from the street. Additionally, landscape buffering requirements are proposed as follows:
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Case Nos. WZ-20-02 & WZ-20-03 / Axis 70 West
Standard Proposed Compared to I-E Compared to Medved
PCD (existing zoning)
Required landscaping 15%Same as proposed 20%
Landscaping Buffers (within setback areas)
Front (Parfet Street)15 feet with 1 tree per 30 LF Per setback with 1 tree per 30 LF Same as I-E
Side (north and south)
15 feet + min. 6 foot tall fencing (north –adjacent to residential) / 15 feet (south) with 1
tree per 30 LF
Per setback with 1 tree
per 30 LF Same as I-E
Rear (Oak Street)15 feet or 40 feet if loading area is present with 1 tree per 30 LF
Per setback with 1 tree
per 30 LF Same as I-E
On-Site Trees 1 per 1,000 sq. ft. of required landscape area Same as proposed Same as proposed
On-Site Shrubs 10 per 1,000 sq. ft. of required landscape area Same as proposed Same as proposed
Street Trees (50th Ave)1 per 30 LF Same as proposed Same as proposed
Additionally, the ODP requires a tree inventory and assessment of existing trees on the
property to determine viability of trees on site, and adds a requirement that any existing trees that need to be replaced on site shall be replaced at a 2:1 ratio with new trees of a desirable species for shade, canopy, screening, and quality.
x Fencing/Outside Display or Storage –The ODP reflects a maximum fence or wall height of 10
feet versus the standard allowance for up to 6 feet in order to sufficiently screen loading areas from adjacent uses. Gates may be transparent so long as outside storage is sufficiently screened.
x Architecture –Modifications to standards of the Architectural and Site Design Manual
(ASDM) are being proposed related to building placement, parking placement, articulation,materials, variation, transparency, and screening. The ASDM includes standards for heavy commercial buildings, but they are not well suited to this context. The proposed modificationsof the ASDM are indicative of a large scale industrial building that lies adjacent to three street frontages. Most industrial buildings in Wheat Ridge are much smaller and/or have fewer
frontages, so the standards need to be customized to this specific building type and location.Modifications are listed on sheet 2 of the ODP (Exhibit 3, Outline Development Plan) and additional justification can be found in the applicant’s written narrative (Exhibit 8, Letter of
Request). The requested modifications include:
o Building Placement –The applicant has requested to remove requirements to meetbuild-to, and instead follow setbacks as outlined above. This is necessary to coincide
with International Building Code which requires at least 60’ distance from property linefor buildings of this size. The applicant is also proposing this change to allow for
screened parking or loading on all sides, increased buffering, and to align with best
practices for typical large-scale industrial site design.
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Case Nos. WZ-20-02 & WZ-20-03 / Axis 70 West
o Parking Placement –The ASDM requires parking to be placed behind the building
where it would not be visible from the street. The applicant is requesting no limitationon parking placement because of the large scale of the building and adjacency to right-of-way on three sides, which makes it challenging to place the amount of requiredparking needed in locations not visible from the street. Enhanced landscaping
requirements have been proposed to screen parking and offset potential adverse
impacts. Shared parking between tenants is encouraged.
o Articulation –The ASDM currently requires at least one variation in plane depth, a
minimum 1’ for every 100’ of each façade; instead the ODP proposes a minimum 3’change in plane depth for every 250’ for each facade facing a public ROW to increase
visual interest and reduce building mass. This change retains the intent of the ASDM
and translates it to a building of larger scale. The ODP also addresses requirements forenhanced entries, and adds permanent canopies or sunshades as a way to achieveemphasis.
o Materials –The ODP reflects the allowance for use of articulated site cast concretepanels as a primary material, and the addition of multi-colored or spandrel glass as a
secondary material. Material variation is also proposed by way of two, instead of therequired three, material types. To offset the need for more materials, additionalvariations are being required, which include using different colors, textures, and/orglass/steel accents to add interest. Supplementary material regulations related toconcrete panels are also proposed, and EIFS is only permitted above ground level, to
ensure a high-quality product is used. Additional standards for building additions havealso been incorporated, to ensure compatible materials.
o Transparency –The ODP sets forth ground floor transparency to be calculated based onthe area between 0 to 15’ from the ground, instead of the typical 3 to 8’, due to heightand functionality of the building. Applicability has also been modified to place focus on
the front façade.
o Rooftop Mechanical Screening –The applicant has requested to allow for rooftopequipment to be set back so as not to be visible from the street at a pedestrian scale. Ifequipment can be seen, additional screening devices will be required.
o Screening of Loading Areas –The applicant proposes minimized views of loading
equipment and service areas through use of buffers and/or walls, in lieu of therequirement of the ASDM to require loading areas to be completely screened from thestreet. Because the site is bounded by right-of-way on three sides and the building is ofsuch a large scale, fully screened loading and service areas is not possible. If loadingareas are present along Oak Street, an enhanced landscape buffer of 40 feet is required.
See full analysis of landscape requirements above.
o Trash Screening –The ODP allows for trash enclosures to be located between thebuilding and street, but adds a required setback of 80 feet to help minimize views.
x Code compliance –In all other areas, the project is proposed to comply with the zoning code
including but not limited to lighting, signage, fencing, streetscape design, and architectural design.
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IV. ZONE CHANGE CRITERIA
Staff has provided an analysis of the zone change criteria outlined in Section 26-303.D. 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 andwill not result in a significant adverse effect on the surrounding area.
The proposed development is a compatible land use and intensity with the surrounding land uses,
and the investment contributes to economic growth by providing around 100 new jobs and
services, improves public utility infrastructure by undergrounding storm systems and upgradingutilities, and advances much-needed public improvements along West 50
th Avenue, Oak Street, and
Parfet Street, in line with the City’s Transportation Structure Plan. The development will likely addvalue to the area through high-quality design.
The Planned Industrial Development zoning is expected to have a positive impact on theneighborhood from a property value perspective. The proposed zoning complies with safety andaccess requirements of the fire district. The project will not result in significant adverse effects onthe surrounding area. The proposed industrial zoning arguably provides a more compatible land usefor the area than alternatives allowed under the I-E or the current PCD zoning, which would likely
result in much higher intensity uses such as an auto-dealership.
Staff concludes that this criterion has been met.
2. The development proposed on the subject property is not feasible under any other zonedistrict, and would require an unreasonable number of variances or waivers and conditions.
The in-place zoning as a PCD is very specific and is restrictive in its focus on providing only for anauto-dealership and ancillary warehouse for storage and distribution of auto parts and servicingvehicles. The proposed development of a speculative industrial building on the site would not be
permitted by the existing PCD zoning. The alternative straight zoning, I-E, would require amultitude of variances related to parking, access, landscaping, and the ASDM, with no guaranteefor quality development. Additionally, there are a number of factors that are unique to the site thatmake it a challenge to develop under straight zoning, including the Arvada Channel, Bayou Ditch,Ridge Road Tributary, and stormwater piping, as well as existing easements, drainage and public
improvements required along right-of-ways. Therefore, the PID zoning is necessary to avoid anunreasonable number of variances and ensure high quality design. PID zoning is the mostappropriate zoning, and includes commitment by way of the ODP for enhanced architecture andlandscaping not normally required in other zone districts, including I-E.
Staff concludes that this criterion has been met.
3. Adequate infrastructure/facilities are available to serve the types of uses allowed by thechange of zone, or the applicant will upgrade and provide such where they do not exist or areunder 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
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Case Nos. WZ-20-02 & WZ-20-03 / Axis 70 West
developer’s expense. The development of the site will require significant public improvements,
including on-site drainage, stormwater upgrades, utility upgrades, and public improvements along right-of-ways.
Staff concludes that this criterion has been met.
4. The Planning Commission shall also find that at least one (1) of the following conditionsexists:a. The change of zone is in conformance, or will bring the property into conformance, withthe 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,
four of which are achieved by this project:1. Create a Resilient Local Economy Based on a Balanced Mix of Land Uses.2. Enhance Community Character and Accentuate Quality Design.3. Increase Transportation Connections and Options.4. Ensure a Sustainable Future.
The ODP reflects allowable uses, development standards, and architectural requirements that will help with economic growth and guarantee quality design. Additionally, the ODP improves transportation connections by way of required public improvements along the right-of-ways. It
also provides a future opportunity to extend 50
th Avenue in line with the Transportation
Structure Plan. Lastly, by undergrounding and improving existing drainage ways, upgrading utilities on site, and installing public improvements in line with future transportation plans, the proposal is likely to result in a positive future outcome.
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 “Employment” designation encompasses this site, and surrounding properties to the north and east. The proposed zone change is consistent with the employment designation, and the industrial project supports the City’s above-stated goals. It
will also be more compatible than an auto dealership, which is the only use allowed under
current zoning, and allows for an appropriate transition to mixed-use/TOD areas to the west by providing urban streetscapes and modern building design. Lastly, it will facilitate development of a long-vacant lot.
Staff concludes that this criterion has been met.
b. The existing zone classification currently recorded on the official zoning maps of the Cityof 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 changingcharacter of the area.
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The area has long included a mix of industrial and commercial properties, but is beginning to change more rapidly in response to the nearby commuter rail station and TOD projects. The investments and changes complement the diversity of land uses in the area and strengthen the economic market.
Staff concludes that this criterion has been met.
d. The proposed rezoning is necessary in order to provide for a community need that wasnot 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 directlyto 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.
V. SPECIFIC DEVELOPMENT PLAN
Attached is a copy of the proposed Specific Development Plan (SDP), which includes thirteen sheets regarding site design, building design, utilities, grading, landscaping, and lighting (Exhibit 5, Specific
Development Plan). In addition to the standard certification and signature blocks, the site data table confirms the SDP complies with the development standards provided by the ODP. Key components of the site design are described below.
Site DesignThe SDP is proposed to facilitate the construction of a single industrial warehouse building consisting of approximately 142,000 square feet on the 10.58-acre site. The resulting building would accommodate businesses of varying sizes and would largely target uses that need logistics space that
can be utilized for distribution, light manufacturing, showroom/sales floor, wholesale operation, as well as service and supplier-oriented businesses per allowable uses set forth in the ODP.
As noted previously, the site is bounded on three sides by right-of-way, including Oak Street on the east, Parfet Street on the west, and West 50th Avenue on the north. The building is designed for the
main façade of the building to front on Parfet Street. The loading side of the building would then front on Oak Street. The property will have two access points from Oak Street, and two access points from Parfet Street. Standard parking wraps the building on the north, south, and west sides with a truck court proposed on the east. A total of 249 parking spaces are proposed. Overall building height is proposed at approximately 40 feet. Proposed setbacks are as follows: 93.9 feet (front –Parfet St.), 176.5 feet
(rear –Oak St.), 133.8 feet (side- south), 98.3 feet (north –50th Ave.), 63.5 feet (north –adjacent to existing residential). Site access, parking, building height, and setbacks comply with ODP and are compatible with the surroundings.
Architecture
The proposed architectural construction reflects mainly articulated site cast concrete panels with glass accents and includes varying parapet heights, textures, colors, reveals, enhanced entries, windows, and features that help to break up the façade. The main entry includes an elevated glass line and enhanced
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architectural design on the south end of the building along I-70 Frontage Road N. All three entries are
recessed and include permanent canopies to help break up the monotony of such a large scale building. The loading area along Oak Street is proposed to be screened by 10-foot tall wing walls, which also help to break up the façade. See Exhibit 9, Building Renderings.
The ASDM and ODP call for specific architectural standards related to façade design, materials,
transparency, and screening. All standards of the ODP and ASDM (as applicable) have been met.
LandscapingThe ODP requires the lot to be at least 15% landscaped. The SDP proposes 26.41% or 113,596 square
feet of on-site landscaping, including parking lot landscaping, perimeter landscaping, and a decent
buffer used as open space above the underground detention on the south side. A total of 112 trees and 781 shrubs will be provided.
Additionally, the ODP requires an evaluation of existing trees on site to determine viability, and replacement at a 2:1 ratio when trees cannot be saved. The applicant has provided a tree inventory and
assessment of existing trees on the property proving that 55 of the 56 trees on site are either invasive species (Russian Olives/Siberian Elms) or are not viable long term (Cottonwoods along Oak St). The total trees provided exceeds the requirements of the ODP for tree replacement, with 110 required versus 112 proposed.
DrainageDrainage is accommodated via underground water quality and detention on the south side of the site, to be located within a stormwater drainage easement. This area will contain primarily meadow grass as well as plantings associated with the parking lot screening, but is limited in planting area due to the PSCO transmission lines and associated utility easement. The area is sized sufficiently for the added
impervious surface on the site, and acts as an additional buffer between the proposed development and I 70 Frontage Road N to the south. Based on the total area of impervious surface being greater than10,000 square feet, full-flood attenuation is required and provided.
Streetscape Improvements
Streetscape improvements are proposed to meet standards for local and collector streets. The development includes dedication and improvements associated with the extension of West 50th Avenue across the north end of the site and improving the east side of Parfet Street with curb, gutter and sidewalk where none currently exists. At the frontage on Oak Street, the applicant has proposed to dedicate 18 feet more than is required to create a 40-foot wide ultimate street section that not only
provides for efficient ingress and egress of the proposed project for semi-trucks, but provides benefit tothe adjacent property owners that rely on this connector road for access and circulation through thisIndustrial-Employment district of Wheat Ridge. All three street improvements will include sidewalkswhere none currently exist further improving safe, pedestrian travel through the area. City standards and the Streetscape Design Manual call for 6-foot detached sidewalks along West 50
th Avenue, 5-foot
detached sidewalks along Oak Street, and 5-foot attached sidewalks along Parfet Street, which are being met per the SDP. Street lighting, pedestrian lighting, and furnishings are also provided.
VI. SPECIFIC DEVELOPMENT PLAN CRITERIA
Criteria for the review of SDP documents is provided in Section 26-305.D. Staff has provided analysis of these criteria below. Planning Commission shall base its decision in consideration of the extent to which the criteria have been met.
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1. The proposed specific development plan is consistent with the purpose of a planneddevelopment as stated in section 26-301 of the zoning and development code.
The purpose of utilizing planned development zoning is to provide flexibility while
accommodating well-designed, innovative developments that demonstrate efficient use of land and
may not be feasible under a standard zone district. The SDP achieves these goals and proposes aunique industrial building and site with an emphasis on enhanced landscaping and architecture.
Staff has concluded that the SDP is consistent with these goals by providing an efficient and high
quality design that will lend itself to function and utility for a wide audience of potential users
while maintaining a strong and unique architectural statement. This would not otherwise befeasible under the standard I-E zone district.
Staff concludes that this criterion has been met.
2. The proposed specific development plan is consistent with the design intent or purpose of theapproved outline development plan
The SDP is consistent with the intent and character statements of the ODP.
Staff concludes that this criterion has been met.
3. The proposed uses indicated in the specific development plan are consistent with the usesapproved by the outline development plan.
The proposed uses in the SDP are identical to those of the ODP.
Staff concludes that this criterion has been met.
4. The site is appropriately designed and it consistent with the development guidelinesestablished in the outline development plan.
The SDP is consistent with the development guidelines of the outline development plan in allrespects including related to height, coverage, setbacks, parking, access, landscaping, screening,and building design.
Staff concludes that this criterion has been met.
5. Adequate infrastructure/facilities are available to serve the subject property, or the applicantwill upgrade and provide such where they do not exist or are under capacity.
All responding agencies have indicated they can serve the property with improvements installed at
the developers’ expense.
Staff concludes that this criterion has been met.
6. The proposed specific development plan is in substantial compliance with the applicable
standards set forth in the Architectural and Site Design Manual, Streetscape Design Manual,and other applicable design standards.
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The proposed SDP is in conformance with the design standards established in the ODP.The Streetscape Design Manual is applicable only to West 50th Avenue collector. However, the
streetscapes are all being upgraded to the City’s standard, and landscaping is being provided along the street frontage in excess of zoning code requirements.
Staff concludes that this criterion has been met.
Staff concludes that the criteria used to evaluate the SDP support the 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 April 21, 2020. Fourteen (14) 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.
Public noticing is required prior to public hearings. As of the date of this publication, staff has not received any communication from the public related to this request. If any comments are provided
prior to the Planning Commission public hearing on December 3, they will be entered into the record
and distributed to Commissioners at the public hearing.
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 are as follows:
Wheat Ridge Public Works: No concerns with the ODP/SDP. The subdivision plat and civil construction plans are under review and must be approved prior to application for building
permit.
West Metro Fire Protection District: No comments or concerns; access is sufficient.
Wheat Ridge Water District: No comments, can serve.
Wheat Ridge Sanitation District:No objections, can serve.
Xcel Energy:No objections. Utility coordination is ongoing.
Century Link:No objections.
Wheat Ridge Engineering:No concerns with the ODP/SDP. The subdivision plat and civil construction plans are under review and must be approved prior to application for building permit.
Wheat Ridge Economic Development:No objections.
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Case Nos. WZ-20-02 & WZ-20-03 / Axis 70 West
Wheat Ridge Police Department:No objections.
Wheat Ridge Building Division:No comments. A full review of building plans will commence at time of building permit.
Valley Water District:No objections, can serve.
Clear Creek Valley Sanitation District:No comments, can serve.
Arvada Fire Protection District: No objections, can serve.
Xcel Energy: No objections. Utility coordination is ongoing.
Comcast:No comments.
Century Link:No objections.
Bayou Ditch Association:No objections. Coordination is ongoing.
Mile High Flood District (MHFD):No objections. Coordination on Ridge Road Tributary
and Arvada Channel is ongoing.
IX. STAFF CONCLUSIONS AND RECOMMENDATION
Staff has concluded that the proposed rezoning and Outline Development Plan are consistent with the
zone change criteria and the Specific Development Plan is consistent with the planned development
regulations, with the goals and policies of the City’s guiding documents, and with the ODP. Because the requirements for an ODP and SDP have been met and the review criteria support both the ODP and SDP, a recommendation for approval is given.
X. SUGGESTED MOTIONS –ZONE CHANGE (ODP)
Option A:
“I move to recommend APPROVAL of Case No. WZ-20-02, a request for approval of a zone change from Planned Commercial Development (PCD) to Planned Industrial Development (PID) with an
Outline Development Plan (ODP) for property located at the northeast corner of I-70 Frontage Road N and Parfet Street (4990 Parfet St.), for the following reasons:1. The proposed zone change will promote the public health, safety, or welfare of the communityand 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 is consistent with the intent of a planned development, compatible withsurrounding land uses, and will result in a high-quality development.4. The criteria used to evaluate a zone change support the request.5. The proposed planned development is necessary and appropriate to accommodate a large-
format industrial land use which is not contemplated to the City’s standard zoning codes.
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Case Nos. WZ-20-02 & WZ-20-03 / Axis 70 West
Option B
“I move to recommend DENIAL of Case No. WZ-20-02, a request for approval of a zone change from Planned Commercial Development (PCD) to Planned Industrial Development (PID) with an Outline Development Plan (ODP) for property located at the northeast corner of I-70 Frontage Road N and Parfet Street (4990 Parfet St.), for the following reasons:
1.
2.3.…”
XI. SUGGESTED MOTIONS –SPECIFIC DEVELOPMENT PLAN
Option A:
“I move to recommend APPROVAL of Case No. WZ-20-03, a request for approval of a Specific Development Plan on property located at the northeast corner of I-70 Frontage Road N and Parfet Street (4990 Parfet St.), for the following reasons:1. The specific development plan is consistent with the purpose of a planned development, asstated in Section 26-301 of the City Code.
2. The specific development plan is consistent with the intent and purpose of the outlinedevelopment plan.3. The proposed uses are consistent with those approved by the outline development plan.4. All responding agencies have indicated they can serve the property with improvements
installed at the developer’s expense.
5. The specific development plan is in substantial compliance with the applicable standards set
forth in the outline development plan and with the City’s adopted codes and policies.
Option B:
“I move to recommend DENIAL of Case No. WZ-20-03, a request for approval of a Specific Development Plan on property located at the northeast corner of I-70 Frontage Road N and Parfet Street (4990 Parfet St.), for the following reasons:
1.
2.3.…”
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Case Nos. WZ-20-02 & WZ-20-03 / Axis 70 West
EXHIBIT 1: AERIAL
Planning Commission 16
Case Nos. WZ-20-02 & WZ-20-03 / Axis 70 West
EXHIBIT 2: ZONING MAP
Planning Commission 17
Case Nos. WZ-20-02 & WZ-20-03 / Axis 70 West
(Attached)
EXHIBIT 3: OUTLINE DEVELOPMENT PLAN
See revised ODP in ATTACHMENT 4 of Council Action Form for Case No. WZ-20-02.
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Case Nos. WZ-20-02 & WZ-20-03 / Axis 70 West
The following is an excerpt from the Structure Map within the Comprehensive Plan.
EXHIBIT 4: COMPREHENSIVE PLAN
Site
P
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t
S
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.
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S
t
.
W. 50
th Ave.
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Case Nos. WZ-20-02 & WZ-20-03 / Axis 70 West
(Attached)
EXHIBIT 5: SPECIFIC DEVELOPMENT PLAN
See revised SDP in ATTACHMENT 2 of Council Action Form for Case No. WZ-20-03.
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Case Nos. WZ-20-02 & WZ-20-03 / Axis 70 West
View from north end of Oak Street looking northwest where 50th Avenue extension will take place.
View from the north end of Oak Street looking south
EXHIBIT 6: SITE PHOTOS
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Case Nos. WZ-20-02 & WZ-20-03 / Axis 70 West
View from midway point of Oak Street looking southeast.
View from midway point of Oak Street looking northeast.
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Case Nos. WZ-20-02 & WZ-20-03 / Axis 70 West
View from the southwest corner of site, just north of I-70 Frontage Road N and Oak Street looking northwest.
View from the southwest corner of site, at I-70 Frontage Road N and Parfet Street looking north. Billboard site
is not a part of subject property.
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Case Nos. WZ-20-02 & WZ-20-03 / Axis 70 West
View from the north end of Parfet Street looking south, at adjacent residential property.
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Case Nos. WZ-20-02 & WZ-20-03 / Axis 70 West
NEIGHBORHOOD MEETING NOTES
Meeting Date:April 21, 2020
Attending Staff:Stephanie Stevens, Senior Planner Zareen Tasneem, Planner I
Location of Meeting:City of Wheat Ridge Zoom Meeting (Virtual)
Site Location:I-70 Frontage Rd N & Parfet St
Property Owner(s):Industrial Partners Qualified Opportunity Fund, LLLP
Property Owner(s) Present?Yes
Applicant:Matt Mitchell, Westfield
Applicant Present?Yes
Existing Zoning:Planned Commercial District (PCD)
Existing Comp. Plan:Employment
Existing Site Conditions: The property is located between Parfet Street and Oak Street and I-70 Frontage Road N and W. 50th Avenue. The property consists of two parcels; the northern parcel is currently addressed as 4990 Parfet St. The two parcels total approximately 10.59 acres in area, according to the ALTA survey supplied by
the applicant, and is presently vacant land.
The property is zoned Planned Commercial Development (PCD), specifically Medved Chevrolet PCD. In 2005, the owner of the Medved Colorado (auto dealership across the street west on Parfet St) rezoned the property with the intention of it being an extension of the existing dealership. However,
the land remains undeveloped.
Most of the surrounding zoning is industrial: southeast, east, and northeast of the property is zoned Planned Industrial Development (PID), north is Industrial-Employment (I-E), northwest is Agricultural-One (A-1), west (Medved) is Commercial-One (C-1), and southwest (parcel with the billboards) is Commercial-Two (C-2). There is an approximately 22 feet wide parcel that runs parallel
to the property immediately south that belongs to a railroad company and is zoned C-1.
Applicant/Owner Preliminary Proposal:The applicant would like to rezone the property to Planned Industrial Development. They plan to develop the site with the construction of a single industrial warehouse building approximately 142,000
square feet in area and 37 feet in height. The building will accommodate businesses of varying size,
EXHIBIT 7: NEIGHBORHOOD MEETING
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Case Nos. WZ-20-02 & WZ-20-03 / Axis 70 West
largely targeting users that need logistics space that can be utilized for distribution, light
manufacturing, showroom/sales floor, wholesale operation, as well as service and supplier-oriented businesses. The proposed building will have the flexibility for small to large and potentially build-to-suit tenants in a front park/rear load design. The applicant recently completed the HUB25 development at 601 64th Ave. in Adams County, with prominent frontage on I-25, and it is their intent to bring a
similar development to this site.
The site design presented at the pre-application meeting shows the building fronting on Parfet Street, however, the applicant proposes an elevated glass line and architectural design on the south side of the building that fronts I-70. The loading side of the building would front Oak Street, which the applicant
feels has excellent width and dimension for a variety of vehicles, along with existing deceleration and
acceleration lanes getting off and onto I-70 Frontage Road N. The applicant anticipates the project to start in 2020, after receiving all necessary entitlements and permits.
The following is a summary of the neighborhood meeting:
x In addition to the applicant and staff, fourteen members of the public attended the neighborhood meeting: Ryan Littleton, Matt Ragonese, Nathaniel Francis, Kenneth Harshman, Jason Miller, Tyler Reed, Stephen Shinn, Dominic Diorio, Andy Glova, Dan Scherer, Jana Hutkova, Kelli
Jenkins, Kyle Hoffmeister, and Chuck Stevemeyer.
x Westfield Company is proposing a Planned Industrial Development (PID) on property located between Parfet St and Oak St fronting on the West I-70 Frontage Road North. The purpose of the request is to allow the re-zoning of the site from a Planned Commercial Development intended for
an auto dealership to a Planned Industrial Development that would allow for the construction of a
new industrial logistics facility that will provide much needed warehouse/office space for a wide variety of potential businesses to locate to the City of Wheat Ridge. The building could potentially house up to 6 tenants. The applicant is aiming to submit the zone change application late April/early May.
x After learning about the applicant’s proposal, attendees were mostly concerned about mitigating impacts to nearby residential properties.
x Staff discussed the site, its zoning and future land use.
x The applicant and members of the public were informed of the planned development process.
x The members of the public were informed of their opportunity to make comments during the process and at the future public hearings.
The following issues were discussed regarding the SUP request and proposed development:
x With A-1 zoning next door, lighting is of concern. Other projects like this have issues with bright light sources.
All lighting will be aimed downward. Lighting regulations will be reviewed in the ODP. The
City’s regulations call for lights to be fully shielded and to avoid light spill on adjacent properties.
x Will there be any fencing or screening from the adjacent residential property?
Yes, there will be a 6’ privacy fence and landscaping.
x Will there be any storage units on the site?
No. All storage is anticipated to be enclosed in the building.
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Case Nos. WZ-20-02 & WZ-20-03 / Axis 70 West
x There are issues with flooding and a high water table here, which is thought to have inhibited development previously. Have you looked into this?
Yes. We are well aware of the high water table and our engineers are working with ditch owners
and the City to reroute drainage so we can make good use of the site.
x Can the site accommodate a fire truck?
Yes. We have been working with the fire district to make sure their needs are met.
x This site seems more ideal for commercial development. Why not keep it zoned commercial?
The PCD zoning in place now was anticipating this site to be used as an extension of the adjacent
Medved auto dealership, specifically for a Hummer dealership, and that never came to fruition.
The subject PID proposal is for an employment-based use in line with the City’s comprehensive
plan and guiding documents.
x Will there be tall signs on the property? How can I see what signage is proposed?
Tall, freestanding signs are not being proposed. There might a monument sign, but it would only
be seven or eight feet tall. There likely will be wall signs mounted to the building. The ODP will
address sign regulations and a separate sign permit will be required. The ODP and associated
sign regulations will be subject to a public process. Sign permits can be reviewed on the City’s
website.
Prior to the neighborhood meeting, staff received no comment from others in the area regarding the
proposal.
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Case Nos. WZ-20-02 & WZ-20-03 / Axis 70 West
(Attached)
EXHIBIT 8: LETTER OF REQUEST
WESTFIELDCOMPANY,INC.
4221BRIGHTONBOULEVARD
DENVER,COLORADO80216
303.298.1111
www.westfieldͲco.com
October 20, 2020
The City of Wheat Ridge Community Development Department 7500 West 29th Avenue Wheat Ridge, CO 80033 Attn: Stephanie Stevens – Senior Planner
RE: Axis 70 West – Request for Rezone Application with ODP, SDP, and Subdivision Plat Industrial Partners Qualified Opportunity Fund, LLLP – a Westfield Entity (Applicant)
Dear Ms. Stevens
Please see the attached land use case submittal including proposed ODP, SDP, Subdivision Plat, and supporting materials for your review and consideration of the proposed “Axis 70 West” project at the 10.6 acre parcel between Parfet Street and Oak Street, immediately south of 50th Avenue in Wheat Ridge. The site is separated from the I-70 Frontage Road by a small parcel of land owned by Outfront Media for their two existing billboard signs. That parcel is not a part of the proposed project.
Project Site: The subject site consists of two parcels, Parcel II and Parcel III, that total 10.58 acres of undeveloped land immediately adjacent to and East of the Medved Autoplex. The land is currently used as seasonal grazing pasture for John Medved’s bulls and is improved only with barbwire perimeter fencing and a very small livestock shelter in disrepair. It was most recently the subject of a re-zone case in 2005, when the City of Wheat Ridge approved an ODP designating the property as Planned Commercial Development with the purpose of expanding the Medved Autoplex with an additional auto dealership and related warehouse for parts distribution and auto service which was never developed.
Proposed Project Scope: The applicant proposes to combine the two parcels into a single lot with an administrative subdivision plat and re-zone to a Planned Industrial Development to facilitate the construction of a single, Class A industrial warehouse building consisting of 142,200 square feet. The change of zone is in conformance with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other city-approved policies or plans for the area and will be a valuable asset for Wheat Ridge by bringing a high quality, aesthetically pleasing new building to an undeveloped site that will provide employers the much-needed space to create local job opportunities for residents. Westfield believes the proposed development fits very well into the current Envision Wheat Ridge Comprehensive Plan which has this site included in the “Employment” area of the structure plan.
The proposed project will be a speculative development with a specific end-user yet to be identified, however, the intention is to provide a highly functional, modern industrial building that will accommodate businesses of varying size and would largely target users that need logistics space that can be utilized for distribution, light manufacturing, showroom/sales floor, wholesale operations, as well as service and supplier-oriented businesses. The proposed building will have the flexibility for small to large and potentially build-to-suit tenants in a front park / rear load design. The applicant, Westfield, recently
completed the successful Hub 25 development at 601 64th Avenue in Adams County with very prominent frontage on I-25 similar to the subject parcel, and it is our intent to bring a similar product type and mix of businesses to this site. The Hub 25 project brought 9 new businesses to Adams County and resulted in the creation of 294 new jobs at a ratio of 1 new job per 1,400 SF of new industrial space constructed. A similar ratio at the proposed project would yield more than 100 new jobs for the City.
The proposed project will benefit from prominent visibility from I-70 and will be designed to offer a high-quality design to the area as a western entry gateway to Wheat Ridge. In addition to creating a significant number of jobs, the Hub 25 project also won the national “Tilt-Up Achievement Award” in the Warehouse/Distribution category in 2017 as an outstanding example of tilt-up concrete construction. See the following link for reference: (https://tilt-up.org/projects/profile/?id=5521). The design of the proposed project is based on that same, award winning design with several additional features meant to further evolve the function and aesthetic quality of the finished product. The building is designed for the main façade of the building to front on Parfet Street. However, we anticipate an elevated glass line and architectural design on the south end of the building for a first-class curb appeal along the W I-70 Frontage Road. The loading side of the building would then front on Oak Street. The property will have two access points from Oak Street and two access points from Parfet Street. The proposed construction is painted tilt-up concrete with articulation in plane depth, reveals and details to create rhythm, approachable scale and texture. Interior clear height would be around 28 feet with an overall maximum building height of approximately 40 feet to the top of parapet.
ODP Review Criteria: We believe this request for re-zone meets the intent and requirements of Sec.26-303.D of the Wheat Ridge Municipal Code for the following reasons:
1. The change of zone promotes the health, safety, and general welfare of the community and willnot result in a significant adverse effect on the surrounding area.
The proposed zone change will facilitate the development of an infill parcel that will benefit the local community in a number of ways. First and foremost, it will provide much needed, and severely underserved industrial space in the City of Wheat Ridge for the growth of the local business community and the creation of new job opportunities. Our actual experience at the Hub 25 project we have referred to is 1 new job created for every 1,400 SF of new industrial space constructed. However, a recent NAIOP (National Association of Industrial and Office Properties) suggests a more reliable metric is 1 job per 900 SF of new industrial space. Based on both of these examples, the proposed project can be expected to create between 101 and 158 new jobs.
Second, the proposed development of the site would necessitate the further improvement of a number of public storm water conveyances that benefit the City of Wheat Ridge. Namely, the project would extend the Arvada Channel from its current termination at Oak Street on the east side of the site through to the west side of the site, setting it up for the City’s long-term goal of extending this major regional stormwater conveyance all the way to Ward Road. It would also provide for the piping and undergrounding of the Ridge Road Tributary, which currently exists as an open ditch along the north and east side of the site, leading to a more efficient, reliable, and maintenance free conveyance of stormwater through the site from the
regional detention pond to the northwest of the site into the Arvada Channel.
The development would also further the development of the Transportation Structure Plan by providing for further extension of West 50th Avenue across the north end of the site and improving the East side of Parfet Street with curb, gutter and sidewalk where none currently exists. At the frontage on Oak Street, the applicant has proposed to dedicate 18’ more than is required to create a 40’ wide ultimate street section that not only provides for efficient ingress and egress of the proposed project for trucks, but would benefit the adjacent property owners that rely on this connector road for access and circulation through the Industrial-Employment district of Wheat Ridge. All three street improvements will include sidewalks where none currently exist further improving safe, pedestrian travel corridors through the area.
Additionally, the requested change of zone will not result in a significant adverse effect on the surrounding area. The property to the west is C-1 Commercial Use (Medved Autoplex), I-E to the north, PID to the east, and I-70 is located to the south. Except for a small single-family house zoned Agriculture at the northwest corner of the site, the proposed project is surrounded by similar industrial/commercial uses.
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 waiver and conditions.
The in-place zoning as a Planned Commercial Development is very specific, and restrictive in its focus on providing for an auto-dealership and ancillary warehouse for storage and distribution of auto parts and servicing vehicles. The proposed development of a speculative industrial building on the site is prohibitively restricted.
The Wheat Ridge Comprehensive Plan includes this site inside the “Employment” district listing intended uses as light manufacturing, storage, warehouse, and other industrial related uses. As such, the proposed ODP is based largely upon the Industrial Employment zone district (IE 26-220). However, I-E zoning fails to provide for certain efficiencies and functional design elements that are required of larger scale, Class A industrial logistics facilities like the building we are proposing in order to be successful. The proposed building is of a speculative nature and therefore must be designed to be efficient and flexible to provide function and utility for a wide audience of potential users while maintaining a strong and unique architectural statement.
The proposed Planned Industrial Development (PID) zoning in our ODP provides for certain variations from the I-E standards, more fully described later in this letter, to achieve a more functional, efficient, and safer finished product than would otherwise be allowed. The proposed variances are the direct result of the unique site conditions and the nature of this type of industrial development.
The proposed ODP is consistent with twelve of the thirteen categories for I-E zoning specified in the Development Standards. The proposed deviation lies within the Design Standards of the proposed ODP. They are largely based upon Chapter 4.2 (Heavy Commercial/Light Industrial) of the Architectural and Site Design Manual.
3. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change ofzone, or the applicant will upgrade and provide such where they do not exist or are under capacity.
The applicant has met with and received preliminary engineering approval at a minimum from all the various utility providers for the proposed project, including: electrical and natural gas
service from PSCO, domestic water from Valley Water District, and sanitary sewer from Clear Creek Sanitation District. We have also met with and received direction from the
Arvada Fire Department on our project design. Additionally, the submittal documents detail our design and engineering around an underground detention system on site to provide our water quality and stormwater management requirements.
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 goals, objective and policies, and other city-approved policies or plans for the area.
We believe the ODP submitted is in keeping with the intent and requirements prescribed by the Comprehensive Plan and will prove to be complimentary of and synergistic with the surrounding area. The Wheat Ridge Comprehensive Plan includes this site inside the “Employment” district listing intended uses as
light manufacturing, storage, warehouse, and other industrial related uses. The applicant is proposing a Planned Industrial Development zoning that is primarily
based on the Industrial Employment (I-E) zoning typical of this area of the City. In the next section we have detailed those limited areas where our ODP differs
from the I-E standards while being mindful of providing further restrictions and
design standards where appropriate to ensure a high-quality design that justifies the requested variances. b. The existing zone classification currently recorded on the official zoning maps of the Cityof Wheat Ridge is in errorNot Applicable c.A change of character in the area has occurred or is occurring to such a degree that it is inthe public interest to encourage redevelopment of the area or to recognize the changingcharacter of the area.Not Applicable d.The proposed rezoning is necessary in order to provide for a community need that wasnot anticipated at the time of the adoption of the City of Wheat Ridge comprehensiveplanNot Applicable
SDP Review Criteria: We believe this request for specific development plan meets the intent and requirements of Sec.26-305 of the Wheat Ridge Municipal Code for the following reasons:
1. The proposed specific development plan is consistent with the purpose of a planneddevelopment as stated in section 26-301 of this article; and
Section 26-301 states the Planned Development District is created to further promote the
public health, safety and general welfare by permitting greater flexibility and innovation
in land development based upon a comprehensive, integrated plan. The proposed development promotes flexibility through the site and building configuration. The building has been designed to allow for either a single tenant or multiple tenants of varying size and configuration. Great care has been taken to include increasing the safety of access to the property by changing the open drainageways adjacent to the public right of way to a covered underground conveyance. This adds landscape open space to the project while eliminating the risk of falls into the ditch. The required on-site detention has also been placed underground at a greater cost to the project. This adds open space that can be utilized for tenant activities as well as eliminating a deep “pond” that has limited flexibility for use beyond drainage conveyance. The front park / rear load design of the building promotes the separation of ingress/egress and on-site traffic flow from trucks and autos. Autos have direct access to and from Parfet Street to all of the auto parking serving the property without needing to enter the truck court and loading dock area of the building. Providing truck access on and off Oak Street on the east side of the building promotes keeping truck traffic generated by the project to travelling West 50th
Avenue, a primary trucking route for the Employment District of Wheat Ridge, to get to and from the Kipling exit on I-70.
2. The proposed specific development plan is consistent with the design intent or purpose of theapproved outline development plan; and
The proposed specific development plan meets all requirements which were established in
ODP Axis 70 West
3. The proposed uses indicated in the specific development plan are consistent with the usesapproved by the outline development plan
The proposed uses to be consistent with the uses shown in ODP Axis 70 West. Proposed uses includes all permitted uses in I-E, C-1 and C-2 and uses which support employments such as; light & moderate industrial, manufacturing or processing, warehousing, storage yard, sales/ showroom, business park, office, repair, retail wholesale and etc.
4. The site is appropriately designed and is consistent with the development guidelinesestablished in the outline development plan; and
The proposed specific development plan and site design meets all requirements which were established in ODP Axis 70 West
5. Adequate infrastructure/facilities are available to serve the subject property, or the applicantwill upgrade and provide such where they do not exist or are under capacity
The applicant has met with and received preliminary engineering approval at a minimum from all the various utility providers for the proposed project, including: electrical and natural gas service from PSCO, domestic water from Valley Water District, and sanitary sewer from Clear Creek Sanitation District. We have also met with and received direction from the Arvada Fire Department on our project design. Additionally, the submittal documents detail our design and engineering around an underground detention system on site to provide our water quality and stormwater management requirements.
6. The proposed specific development plan is in substantial compliance with the applicablestandards set forth in the Architectural and Site Design Manual, Streetscape Design Manual,and other applicable design standards.
The proposed specific development plan complies with the architectural and site design manual (ASDM) and streetscape design manual, except for the sections noted in ODP Axis 70 West. The modifications noted below are intended to better accommodate the safe and efficient use of a modern industrial building.
Proposed ODP/SDP Requirements that are More Restrictive Thus Ensuring a High-Quality Design:
Section 3.7 – we are requesting a minimum 15’ wide landscape setback adjacent to public streetsand a minimum 40’ landscape setback for better screening of the loading side of the building.(The code requirement is min 10’)
Chapter 4.2 – A.2 – we added a requirement for a minimum 3’ plane variation at 250’. (The coderequirement is 1’ variation for every 100’.) 1’ will not be very visible for a building of this size
so we believe 3’ will give us more visible variation and add interest to the building, ensuring ahigher quality design.
Chapter 4.2 – A.3 – we added a permanent canopy requirement at each major storefront entry.
Chapter 4.2 – B.2 – we added multicolored glass as secondary material which provides a more
contemporary look to the building
Chapter 4.2 – B.5 – we added a supplementary material standards section in case concrete panel
is used as a primary material and the building needs to have a minimum of three items from thelist below
o Minimum 2 horizontal or vertical reveals with a minimum depth of ¾” which reducesthe visual scale of the façade
o Form liner with a minimum depth of ¾”
o Minimum 2 paint colors
o Textured paint
o One window or clerestory window opening for every 150’ maximum
Chapter 4.2 – D.3 – we defined that trash enclosures cannot be closer than 80’ to property
Code requires minimum open space to be 15%. Our site design provides 26.41%
Code allows building coverage to be a maximum of 85% and our site design provides only 33%
Code would require a minimum of 65 on-site trees. We have provided 101 site trees plus 11
street trees in the extended 50th Avenue ROW
o Additionally, the applicant has performed a tree inventory and assessment of existingtrees on the property proving that all but one are either invasive species (Russian Olives/ Siberian Elms) or are not viable long term (Cottonwoods along Oak St) and provided arequirement that any existing trees that need to be replaced on site shall be replaced a2:1 ratio with new trees of a desirable species for shade, canopy, screening, and quality.
Code would require a minimum of 645 shrubs. We have provided 755 plus 26 in the extended50th Avenue ROW
Code would require a 15’ buffer between us and the single residence at our northwest corner or a6’ solid fence plus landscape hedge. We are providing both a 15’ wide landscape buffer and a 6’solid fence.
The proposed ODP includes multiple design elements to create variation and human-scaledcomponents that generate visual interest with color, texture, and pattern including:
o Large expanses of glass
o Variation of parapet height
o Multiple colors
o Multiple textures that add shadow lines and elements of human scale to the facades
o Multiple reveals that break up the façade to create a hierarchy within the façade
o Canopy and sunshade at each entry
Proposed Variations to I-E Code Requirements:
1. The Zoning & Development Code City of Wheat Ridge, Chapter 26:
Section 26-501 Off street parking and loading, Table 6-variance for warehouse parking to be 1 per 2,000 sf of warehouse area or 1 per employee(largest shift) whichever is higher, instead of 1 per 600 sf required by code and removing min %for warehouse and office area.-adding 1 space per employee (largest shift) whichever is higher to manufacturing, processing,assembly or similar industrial uses per planner request.-adding sales, showroom parking to be 1 per 1,000 sf of sales area
Reason/ explanation of request: We believe 1 per 600 sf is not an accurate reflection of the
number of employees in warehouse space since racking and product storage is typically a large
percentage of the space in a warehouse. Below is the required parking ratio from other Colorado
municipalities which have a large inventory of industrial/ warehouse buildings. Based on our
experience and the ratios shown below, we believe 1 per 2,000 sf for warehouse is a more
appropriate parking ratio.
Adams County:
City of Aurora:
City of Arvada:
Section 26-501 Off street parking and loading, F. Vehicular Access, 3. Curb Cut width -variance for maximum curb cut width to be 45 feet for industrial buildings instead of 35’
Reason/ explanation of request: See attached Truck Turning Template FIG 01. Due to the limited
existing pavement width in 50th Avenue and Oak Street, trucks need a wider entrance than the 35’
city standard to safely make a turn into the Axis 70 site and from the site onto Oak St taking into
the consideration the safety and efficient traffic movement of existing properties east of the
proposed site. The proposed curb cut widths of 38.1’ and 41.6’ were designed to allow this safe
movement while minimizing impacts to traffic on the existing streets.
Section 26-501 Off street parking and loading, F. Vehicular Access, 4. Number of access points -variance for a maximum of two access points per public street instead of one access point perproperty ownership allowed by code.
Reason/ explanation of request: At least two access points are required by International Fire
Code for the size and height of the proposed building. The length of the east and west property
lines are +/- 750’. Two access points along such a long distance provide better circulation in and
out of the property. Also, currently this property consists of two lots. If two lots are maintained
under different ownership, there would be two accesses along Parfet and Oak St anyway.
Section 26-631 Outside display or storage, requirements, B. -allowing a maximum 10’ height opaque fence or wall instead of a 6’ height opaque fence or wallfor screening and allowing the gate within the fence to be transparent.
Reason/ explanation of request: We want to be sure that a fence taller than 6’ can be used
because we believe the flexibility will assure that the loading areas could be fully screened from
the adjacent R.O.W. Rolling gates within screen walls cannot be constructed completely
transparent because of the wind load.
Section 26-502 Landscaping - adding a general note that requirements apply wherever possible and are not in conflict withutilities or easements and note that the minimum required plants shall be relocated elsewhere onsite and the width of minimum landscape area shall be increased by 50%.- defining minimum width of landscaping along public ROW per planner’s request
Reason/ explanation of request: There are a lot of easements and underground utilities within
this property. We want to be sure that required plants can be located somewhere else on the site
and not per zoning code in the areas where it is absolutely not possible.
2. City of Wheat Ridge Architectural and Site Design Manual:
Chapter 33.3 Building Placement- variance for no limitation on building placement except as it relates to setback requirementsestablished in ODP
Reason/ explanation of request: The restriction in the Wheat Ridge Architectural and Site manual
for Contemporary Overlay – 0-20’ build-to requirement, conflicts with International Building
code, chapter 5 requirements for unlimited building area. Min 60’ distance of the building from
property line is required by International Building Code for unlimited building area. We are
proposing the building to be set-back approximately +/- 94’ from west property line so double-
sided parking and landscaping can be provided at the front/west facing side of the building.
3.4 Parking Placement - variance for no limitation on parking placement, re: ODP sketch plan
Reason/ explanation of request: For safety reasons we prefer to keep auto parking areas on the
opposite side of the building from truck loading area. The property is adjacent to public ROW
along three sides (west, north and east). For this reason, it is impossible to place parking lot and
drive aisles behind the building where they are not visible from any street. A variety of plants will
be provided between public street and parking to reduce the visibility of the parking lot and the
landscaped setback on the loading side of the building has been increased to 40’.
Chapter 4 A2. Façade Articulation
- variance for modification of the requirement for at least one variation in plane depth, aminimum 1’ for every 100’ of each façade to a minimum of 3’ depth change in plane for every
250’ for each facade facing a public ROW.
Reason/ explanation of request: We suggest the 1’ change in plane depth for every 100’ is almost
nonvisible. In lieu of this we propose a minimum 3’ recess or perpendicular wing wall be located
at each of the main entries for every 250’ of façade.
B1. Primary material -variance allowing articulated site cast painted concrete panels as a primary material with theaddition of three details of articulation as listed in ODP
Reason/ explanation of request: Industrial warehouse tenants require building facades to be
constructed of exceptionally durable materials. Site cast concrete panel is the best construction
material for this type and use (warehouse & industrial) of the building because it is durable, low
maintenance, and non-combustible. As noted in Section B4 and B5, we are proposing additional
articulation. With the proposed changes to the façade articulation, we believe this project will
attain both the required durability and the aesthetic quality the City is seeking.
B2. Secondary material -variance allowing multicolored and/ or spandrel glass as secondary material.
Reason/ explanation of request: We would like to have the opportunity to use multicolored
spandrel glass on this building which we believe it will add visual interest to the proposed
design.
B4. Material Variation -variance allowing at least two different materials per façade instead of three
Reason/ explanation of request: The design for this project is one of a sleek modern concept that
incorporates multiple colors, textures, external canopies, articulated entries, and large expanses
of glass that anchor the building corners. It is our belief that adding or “pasting” on an
additional third material to the façade adds an unnecessary cost to the project and dilutes the
strength of the modern design. We believe the inclusion of the articulated variations listed for the
proposed project more than offset the need to add additional materials. We have included:
-three different colors
-textured/ ribbed concrete panel
-blue glass
-spandrel multicolored glass
-steel canopies
B5. Articulated site cast painted concrete panels: - variance adding a requirement to support the use of concrete panels used as a primary materialand to avoid blank and unarticulated walls
Reason/ explanation of request: The addition of articulated elements, as color, texture, and
pattern, when incorporated in the concrete panel exterior walls, adds visual interest and a
pedestrian scale to the building facade. This is consistent with the requirement to avoid large
unarticulated facades within the industrial zone district.
C. Transparency-defining the height of the ground floor to be fifteen feet. This shall be the zone within the façadethat shall be used to calculate and apply the transparency requirement. This requirement shallapply to the primary front façade. The loading façade shall be exempt due to the nature of the use
and functions required for loading in an industrial building.
Reason/ explanation of request: While the overall height of this building is 45’, it encompasses a
single-story function. The Interior build-out (office component) within this structure will be
limited to ceiling heights that will not exceed fifteen feet. The warehouse area shall be full height
open areas, but without windows. Windows within the warehouse, except for the clerestory
provided in the loading bays, interferes with the efficiency of racking and storage within the
warehouse. We have defined the ground floor for the transparency calculation to be measured
from ground level up to 15’. This coincides with the area that is the most visible and has the
greatest impact for pedestrians.
While the property is adjacent to public ROW along three sides (west, north and east), providing
a 15% level of transparency on the loading/truck court side of the building interferes with the
loading function that is critical to the proposed uses of this building. To compensate for the
reduction in transparency the landscaping setback has been increased to 40’ on the loading side
of the building and the building design provides for additional architectural articulation, such
as:
-three different colors on each facade
-textured/ ribbed concrete panel in combination with articulated, painted smooth concrete panel
-clerestory windows (color to match main façade)
-reveals which creates striped pattern along entire building
Planning Commission 28
Case Nos. WZ-20-02 & WZ-20-03 / Axis 70 West
(Attached)
EXHIBIT 9: Building Renderings
Planning Commission Minutes - 1 –December 3, 2020
PLANNING COMMISSIONMinutes of Meeting December 3, 2020
1. CALL THE MEETING TO ORDER
The meeting was called to order by Chair OHM at 7:00 p.m. in a virtual meeting.
2. ROLL CALL OF MEMBERS
Commission Members Present: Melissa AntolKristine DisneyWill KernsAri Krichiver
Daniel Larson
Janet LeoScott OhmJahi Simbai
Commission Members Absent: None
Staff Members Present:Lauren Mikulak, Planning Manager
Stephanie Stevens, Senior Planner
Dave Brossman, Development Review EngineerTammy Odean, Recording Secretary
3. PLEDGE OF ALLEGIANCE
4. APPROVE ORDER OF THE AGENDA
It was moved by Commissioner LARSON and seconded by Commissioner LEO to
approve the order of the agenda. Motion carried 8-0.
5. APPROVAL OF MINUTES –November 19, 2020
It was moved by Commissioner SIMBAI and seconded by Commissioner LARSON
to approve the minutes of November 19, 2020, as written. Motion carried 6-0-2 withCommissioners LEO and DISNEY abstaining.
ATTACHMENT 3
Planning Commission Minutes - 2 –December 3, 2020
6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearingon the agenda.)
No one wished to speak at this time.
7. PUBLIC HEARING
A. Case No. WZ-20-02 and WZ-20-03:an application filed by Industrial Partners
Qualified Opportunity Fund, LLLP for approval of a zone change from PlannedCommercial Development (PCD) to Planned Industrial Development (PID) withapproval of an Outline Development Plan (ODP) and Specific Development Plan(SDP) for the development of an industrial warehouse located at 4990 Parfet Street.
Ms. Stevens gave a short presentation regarding the Zone Change, ODP, SDP andthe applications. She entered into the record the contents of the case file, packetmaterials, the zoning ordinance, and the contents of the digital presentation. Shestated the public notice and posting requirements have been met, therefore thePlanning Commission has jurisdiction to hear this case.
Matt Mitchell of Industrial Partners Qualified Opportunity Fund, LLLP,Applicant4221 Brighton Blvd, Denver
Mr. Mitchell gave a brief presentation regarding the property, zone change, ODPand SDP.
Commissioner KERNS asked what is located at the northwest corner of theproperty and if 50
th Avenue is proposed to go through to Parfet Street.
Ms. Stevens explained that the adjacent property in the northwest corner is zonedAgricultural-One (A-1) and it is currently a single-family home. She added thatthere is a long-term plan for 50th Avenue to connect through to Parfet if and whenthe A-1 property redevelops.
Commissioner SIMBAI appreciated the thoroughness of the two presentations andasked about the relationship of Industrial Partners Qualified Opportunity Fund,LLLP and Westfield.
Mr. Mitchell explained that this site is in an Opportunity Zone and he described thetax program. He added that Westfield is the developer and the LLLP is a requiredentity that Westfield had to set up and fund to take advantage of the OpportunityZone treatment. He mentioned that Westfield will be long-term owners and willlease to high quality tenants.
Commissioner SIMBAI asked about the timeline for construction and signingtenants if the zone change and SDP are approved.
Planning Commission Minutes - 3 –December 3, 2020
Mr. Mitchell said the timeline for the public infrastructure is immediate with regard
to the Bayou Ditch, Arvada Channel and storm infrastructure, then obtaining
building permits to build the structure early next year, and finally to look for tenants.
Commissioner LARSON also complimented the applicant on the thoroughness of
the presentation. He then asked about the expansion and improvement of Oak
Street and if it will be able to handle heavy traffic on both sides and the reasoning behind 50th Avenue being extended.
Mr. Mitchell explained Westfield has proposed to dedicate more street frontage to
Oak Street than was required by City standard to better accommodate full size
trucks and trailers. He added that the extension of 50
th Avenue is a requirement of the City to construct at time of redevelopment and Westfield will comply.
Ms. Mikulak added that the City has been acquiring incremental parts of 50th
Avenue which has been a goal of the City to eventually extend 50th Avenue
through to Parfet Street upon redevelopment.
Commissioner KRICHIVER asked what the zoning was for this property prior to the PCD rezoning in 2005.
Ms. Stevens said the northern part was Agricultural-One (A-1) and the rest wasCommercial-One (C-1).
Commissioner KRICHIVER also inquired about the unique site conditions.
Mr. Mitchell explained that the cost of this site is expensive to develop due to the easements and having to move utilities and irrigation ditches to make the site buildable. He also explained that the depth to ground water is only 2 feet and there will have to be dewatering to bury the Arvada Channel.
Commissioner KRICHIVER asked if there has been any interest in developing this site consistent with the zoning.
Ms. Mikulak clarified that Planned Commercial Development was planned specifically for Mr. Medved to open a Hummer dealership which was not realistic
during the 2010 recession, but he was not interested in selling the property; so there has not been a lot of inquiries for this site.
Commissioner OHM asked how staff feels about the proposed reduction in parkingand how does the City determine the adequate amount of parking spaces are
available if the percentage of warehouse/showroom changes in size in the future.
Planning Commission Minutes - 4 –December 3, 2020
Ms. Stevens explained that the City’s code does not contemplate this large of a scale for industrial buildings so the applicant supplied examples of parking
requirements of similar use to this site, in other jurisdictions. She mentioned the
study is listed in the applicant narrative. Ms. Stevens clarified that each tenant will have to apply for a business license and at that time the parking will be evaluated and tracked.
In response to a question by Commissioner OHM, Mr. Mitchell confirmed that the
location of the 10-foot fence (wing walls) on the east side of the façade by the loading areas may extend to the east screening the trucks. He mentioned that Westfield is not proposing to put a 10-foot tall fence around the perimeter of the site.
Commissioner OHM why the applicant is seeking relief from the 3 material variations typically required by the ASDM.
Mr. Mitchell explained it comes down to function and efficiency of an industrial building of this scale.
Ken Harshman, Grey Wolf Architecture1543 Champa Street, Denver
Mr. Harshman added that if too many materials are used than the cohesive nature
of the building design begins to fall apart. Instead, additional variation has been provided in the form of changes in color and texture.
Julee Wolverton, Landscape Architect61945 Nighthawk Rd, Montrose
In response to a few landscaping questions from Commissioner OHM, Ms.Wolverton responded that the trees will be used for screening around the wing walls of the loading area.
Commissioner OHM also had some concerns about sharp landscaping angles around the detention pond.
Ms. Wolverton noted that she can change the sharp angles or remove edging tomake the transition easier to maintain.
Commissioner OHM also inquired if the City allows seeded slopes greater than 3:1 and if the 2:1 replacement tree ratio only applies to only 1 tree.
Ms. Stevens said the maximum slope for seeding is 4:1 and the replacement ratio
applies to all the trees that exist on the site currently. Ms. Wolverton confirmed
that the PUD requires all trees that are removed be replaced at a 2:1 radio.
Planning Commission Minutes - 5 –December 3, 2020
Commissioner LARSON asked if anything will be subsurface that will be affected by the high water table.
Mr. Mitchell explained that the site will be raised and none of the foundations will or loading area will be in the water table. There is no basement; the building will be slab on grade.
Commissioner LARSON also inquired about the property to the south adjacent to
the frontage road and why Westfield did not acquire that site as well.
Mr. Mitchell clarified that there is an existing easement making it unbuildable and the current owner is not interested in selling because it is the perfect site for their
billboards in relation to I-70.
Commissioner KERNS asked about the expansion of Oak Street and how it will be done relative to the existing center line.
Mr. Mitchell replied that Westfield is only required to construct their half street
and mill and overlay the new asphalt. He mentioned it will stretch across the center line so it will blend well.
Public Comment
Charles Stiesmeyer, resident4996 Parfet, Wheat Ridge
Mr. Stiesmeyer mentioned he has lived in the home at the far northwest corner of the property since 1998 and the City has always wanted to extend 50th Avenue
through but he has no plans in moving. He has concerns about the lighting from the building and parking area. He also wondered if there will be a fence in-
between his property and Westfield’s.
In response to the lighting concern and fence inquiry, Ms. Steven’s mentioned that
the code requires no light spillage on to adjacent properties and all light fixtures be shielded and down cast. Ms. Mikulak added that the City can provide the updated site plans and lighting sheets to Mr. Stiesmeyer. Ms. Stevens also noted that there is a proposed 6-foot solid fence between the two properties with landscaping and a 15-foot required buffer.
Chair OHM closed the public forum and requested a motion (one at a time for each the ODP and the SDP).It was moved by Commissioner DISNEY and seconded by Commissioner LARSON to recommend APPROVAL of Case No. WZ-20-02, a request for approval of a zone change from Planned Commercial Development (PCD) to Planned Industrial Development (PID) with an Outline Development Plan
Planning Commission Minutes - 6 –December 3, 2020
(ODP) for property located at the northeast corner of I-70 Frontage Road N and Parfet Street (4990 Parfet St.), for the following reasons:
1. The proposed zone change will promote the public health, safety, orwelfare of the community and does not result in an adverse effect onthe surrounding area.2. The proposed zone change is consistent with the goals and objectives of
the City’s Comprehensive Plan.3. The proposed zoning is consistent with the intent of a planneddevelopment, compatible with surrounding land use, and will result ina high-quality development.4. The criteria used to evaluate a zone change supports the request.
5. The proposed planned development is necessary and appropriate toaccommodate a large-format industrial land use which is not
contemplated to the City’s standard zoning codes.
In discussing the motion, Commissioner KRICHIVER mentioned he is struggling with the zone change because historically the zoning was A-1 and C-1.
Commissioner DISNEY said she sees no problem with the zone change and this area of town will continue to develop because it is a desirable area now and is appropriate for the way the area is trending.
Commissioner LARSON said that given the investment involved, an industrial site makes sense.
Commissioner ANTOL echoed all that was said by Commissioners DISNEY and LARSON. She suggested the Commission should consider the evolution of the
area more so than its past and noted it would be difficult to get a modest commercial development on this site.
Commissioner OHM thinks this is a good fit for the area and is not straight industrial.
Chair OHM called for a vote.
Motion carried 8-0.
Chair OHM called for a motion for the Specific Development Plan.
It was moved by Commissioner KERNS and seconded by Commissioner DISNEY to recommend APPROVAL of Case No. WZ-20-03, a request for
approval of a Specific Development Plan on property located at the northeast corner of I-70 Frontage Road N and Parfet Street (4990 Parfet St.), for the following reasons:
Planning Commission Minutes - 7 –December 3, 2020
1. The specific development plan is consistent with the purpose of a
planned development, as stated in Section 26-301 of the City Code.2. The specific development plan is consistent with the intent and purposeof the outline development plan.3. The proposed uses are consistent with those approved by the outlinedevelopment plan.
4. All responding agencies have indicated they can serve the property
with improvements installed at the developer’s expense.5. The specific development plan is in substantial compliance with theapplicable standards set forth in the outline development plan and with
the City’s adopted codes and policies.
Commissioner DISNEY thought the presentations were detailed and informative and thinks the building will be very attractive and it will be nice to see high quality tenants at this site.
Commissioner KERNS likes that this project will create jobs which is specifically
called for in the City’s comprehensive plan and in proximity to rail stations.
Commissioner OHM would like to see staff articulate a condition that a 10-footwall or fence only be allowed in the truck/loading area; not on the property line or in the landscape buffer and if staff could add an appropriate condition to reflect
this.
Ms. Mikulak offered condition language and described the process for a friendly amendment to the main motion.
Commissioners KERNS and DISNEY accepted the following condition as a friendly amendment:
1.Ten-foot (10’) walls or fences shall only be allowed within the loadingarea and shall not be located within required setbacks or landscapebuffers.“Loading area” is defined as the pavement area on the eastside of the building as identified on the Specific Development Plan.
Chair OHM called for a vote.
Motion carried 8-0.
8. OLD BUSINESS
9. NEW BUSINESS
A. Upcoming Dates
Planning Commission Minutes - 8 –December 3, 2020
Ms. Mikulak mentioned there will be a December 17 Planning Commission
meeting regarding a code amendment for Short-Term Rentals.
10. ADJOURNMENT
It was moved by Commissioner LEO and seconded by Commissioner ANTOL to
adjourn the meeting at 8:48 p.m. Motion carried 8-0.
_________________________________________________________Scott Ohm, Chair Tammy Odean, Recording Secretary
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ITEM NO:
DATE: January 11, 2021
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 21-2020 – AN ORDINANCE APPROVING AN OUTLINE DEVELOPMENT PLAN (ODP) AMENDMENT TO CHANGE THE SIGN STANDARDS ON PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT (PCD) AND LOCATED AT 7760 W. 38TH AVENUE (CASE NO. WZ-20-07)
PUBLIC HEARING ORDINANCES FOR 1ST READING (12/14/2020)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/11/2021) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ _____________________________ Community Development Director City Manager
ISSUE:
The applicant is requesting an Outline Development Plan Amendment to revise the existing sign standards which are more restrictive than the City’s regular sign code. The applicant is requesting an amendment such that City’s regular sign code applies to the subject property. This in turn would allow for installation of a new freestanding sign.
PRIOR ACTION: Planning Commission heard the request at a public hearing on November 19, 2020 and recommended approval. The Planning Division staff report and draft meeting minutes from the Planning Commission meeting are attached.
FINANCIAL IMPACT: Fees in the amount of $1,243.25 were collected for the review and processing of Case No. WZ-20-07. If the ODP Amendment is approved, next steps would include building permits for anynew signs, and review fees as well as use tax would be paid as part of those processes.
3
Council Action Form – Wheat Ridge Plaza ODP Amendment January 11, 2021
Page 2
BACKGROUND: Existing Conditions
The property is located on the south side of W. 38th Avenue between Yukon Court and Allison
Street, about a block west of the intersection of W. 38th Avenue and Wadsworth Boulevard. W. 38th Avenue is a major east-west arterial road in the City of Wheat Ridge. The property is zoned Wheat Ridge Plaza Planned Commercial Development. To the north and east are primarily commercial uses; these include The Corners and Wilmore Center commercial centers. To the
immediate southeast and south of the site are multifamily residential uses, while to the west are
mostly single-family residential homes. Further to the west is the Lutheran Medical campus. According to the Jefferson County Assessor, the lot area measures 91,171 square feet (2.093 acres) in size and contains an office building built in 1979. The existing four-story building on
the site contains primarily offices uses, with a floor area of about 11,475 square feet. Access to
the site is gained from W. 38th Avenue through an access easement that is shared with the residential buildings to the south. The existing entrance freestanding sign is just under 10 feet in height with a sign face measuring about 82 sq.ft., making it nonconforming based on the current ODP sign standards.
Proposed Amendment There are two distinct steps in establishing a planned development: approval of an outline development plan (ODP) and approval of a specific development plan (SDP). The ODP establishes the zoning, overall development concepts, permitted uses, and development
parameters. Sign standards are part of an ODP, and that document currently allows only one
project identification sign at the site entrance with a maximum area of 50 sq.ft. and a maximum height of 10 feet. This is significantly more restrictive than the City’s standard sign code, and unnecessarily so.
The applicant would like to replace the existing freestanding sign with a new one. They feel the
current sign is “outdated” and would like an updated sign to better market the building. It is unclear based on City records why the existing sign does not conform with the ODP sign standards (it is slightly larger than permitted by the ODP). Many older ODPs were written to allow only what was proposed at the time and in that sense are perhaps overly restrictive. This is
a good example in which there is no clear reason why the sign standards in the ODP are so
limiting. By changing the ODP sign standards to follow the City’s standard sign standards, not only would it bring the existing sign into conformance, but it will also encourage reinvestment in a property
since the applicant would like to install a new sign. Furthermore, new signs proposed for the
commercial properties to the east already need to adhere to the City’s sign code. Therefore, the amendment would result in signs that match the character of the area. Besides the sign standards, all other development standards remain unchanged and refer to the previous ODP amendment.
It is not possible to achieve a larger sign through a variance process. For a planned development,
the standards must be changed through a zone change process. The following table compares the
Council Action Form – Wheat Ridge Plaza ODP Amendment January 11, 2021
Page 3
existing freestanding sign conditions to the existing ODP sign standards and to the City’s standard sign code. Per the City’s sign code, location and maximum sign face measurements are
determined by the proposed height of the sign and the floor area of the associated building,
respectively.
EXISTING CONDITIONS CURRENT ODP STANDARDS CITY’S SIGN CODE
Location ~ 18’ from ROW line Site Entrance Min. 10’ from Row if 7’-15’ tall
Sign Face ~ 82 sf Max. 50 sf Min. 150 sf
Height ~ 10’ Max. 10’ Max. 15’
RECOMMENDATIONS:
The application in this case is for an ODP amendment which is processed as a rezoning of the 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. Per City Code, the City Council shall use the criteria in Section 26-303 of the code to evaluate
the applicant’s request for an ODP Amendment. A detailed Planning Commission staff report is
enclosed with this criteria analysis. Staff is ultimately recommending approval of this request. RECOMMENDED MOTION: “I move to approve Council Bill No. 21-2020, an ordinance approving an Outline Development
Plan (ODP) Amendment to change the sign standards on property zoned Planned Commercial Development (PCD) and located at 7760 W. 38th Avenue, 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 ODP Amendment after conducting a proper public hearing.
2. The proposed ODP Amendment has been reviewed by the Community Development Department, which has forwarded its recommendation of approval. 3. The proposed ODP Amendment 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. 21-2020, an ordinance approving an Outline Development Plan (ODP) Amendment to change the sign standards on property zoned Planned Commercial
Development (PCD) and located at 7760 W. 38th Avenue, 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.”
Council Action Form – Wheat Ridge Plaza ODP Amendment January 11, 2021
Page 4
REPORT PREPARED/REVIEWED BY: Zareen Tasneem, Planner I
Lauren Mikulak, Planning Manager
Ken Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS:
1. Council Bill No. 21-2020
2. Planning Commission Staff Report 3. Draft of Planning Commission Meeting Minutes
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER WEAVER COUNCIL BILL NO. 21
ORDINANCE NO. 1702 Series of 2020 TITLE: AN ORDINANCE APPROVING AN OUTLINE DEVELOPMENT PLAN (ODP) AMENDMENT TO CHANGE THE SIGN
STANDARDS ON PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT (PCD) AND LOCATED AT 7760 W. 38TH AVENUE (CASE NO. WZ-20-07) 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, UFCW Local 7 submitted a land use application for approval of an amendment to the existing Planned Commercial Development (PCD) zoning for property at 7760 W. 38th Avenue; and,
WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan, Envision Wheat Ridge, which calls for the site to function as a neighborhood buffer area; and,
WHEREAS, the amendment aligns with the changing needs of the development;
and, WHEREAS, the zone change criteria support the request; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on November 19, 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 UFCW Local 7 for approval of an amendment to the existing Planned Commercial Development (PCD) zoning at 7760 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: LOT 2, A RESUBDIVISION OF WHEAT RIDGE PLAZA, 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 14th day of December, 2020, ordered it published with Public Hearing and consideration on final passage set for Monday, January 11, 2021 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 11th day of January, 2021. Signed by the Mayor on this 11th day of January, 2021. _________________________
Bud Starker, Mayor ATTEST: ________________________
Steve Kirkpatrick, City Clerk Approved as to Form ________________________________
Gerald Dahl, City Attorney 1st publication: December 17, 2020 2nd publication: January 14, 2021 Jeffco Transcript
Effective Date: January 29, 2021
Published: Jeffco Transcript and www.ci.wheatridge.co.us
Case No. WZ-20-07 / Wheat Ridge Plaza ODP Amendment 1
CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT
REVIEW DATES: November 19, 2020 (Planning Commission) / January 11, 2021 (City Council)
CASE MANAGER: Zareen Tasneem, Planner I
CASE NO. & NAME: WZ-20-07 / Wheat Ridge Plaza ODP Amendment
ACTION REQUESTED: Request for an Outline Development Plan (ODP) amendment to change the sign standards on property zoned Planned Commercial Development (PCD)
LOCATION OF REQUEST: 7760 W. 38th Avenue
APPLICANT / OWNER: United Food and Commercial Workers No. 7R Building Association (UFCW Local 7)
APPROXIMATE AREA: Approximately 91,000 square feet (2.093 acres)
PRESENT ZONING: Planned Commercial Development (PCD)
COMPREHENSIVE PLAN: Neighborhood Buffer Area
ENTER INTO RECORD:
(X)CASE FILE & PACKET MATERIALS (X)COMPREHENSIVE PLAN(X) ZONING ORDINANCE (X)DIGITAL PRESENTATION
Location Map (subject site outlined in red)
ATTACHMENT 2
Case No. WZ-20-07 / Wheat Ridge Plaza ODP 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 an Outline Development Plan (ODP) Amendment to revise the sign standards in the ODP. The change would allow for a new freestanding sign to be installed at the
entrance to the site. The existing ODP includes specific sign standards which are more restrictive than
the City’s regular sign code (Article VII of Chapter 26 of the municipal code). Therefore, the applicant is requesting an ODP Amendment to change the sign standards to refer to the City of Wheat Ridge’s regular sign code instead, which in turn would allow for the installation of the proposed sign.
II. EXISTING CONDITIONS
The property is located at the south side of W. 38th Avenue between Yukon Court and Allison Street (Exhibit 1, Aerial), about a block west of the intersection of W. 38th Avenue and Wadsworth Boulevard. W. 38th Avenue is a major east-west arterial road in the City of Wheat Ridge. The property
is zoned Wheat Ridge Plaza Planned Commercial Development. To the north and east are primarily
commercial uses which are zoned Planned Commercial Development (PCD), Mixed Use Commercial (MU-C), and Restricted Commercial (RC) (Exhibit 2, Zoning Map). This includes The Corners and Wilmore Center commercial centers. To the immediate southeast and south of the site are multifamily residential uses zoned Residential-Three (R-3) and Planned Residential Development (PRD). To the
west are properties zoned Residential-Two (R-2) and consisting of mostly single family residential
homes. Further to the west is the Lutheran Medical campus. According to the Jefferson County Assessor, the lot area measures 91,171 square feet (2.093 acres) in size and contains an office building built in 1979. The existing four-story building on the site contains
primarily offices for a union, with a floor area of about 11,475 square feet. Access to the site is gained
from W. 38th Avenue through an access easement that is shared with the residential buildings to the south. There are two distinct steps in establishing a planned development: approval of an outline development
plan (ODP) and approval of a specific development plan (SDP). The ODP establishes the zoning,
overall development concepts, permitted uses, and development parameters. The original ODP was approved in 1974 (Case No. WZ-74-17). Per the most recent ODP Amendment (see Exhibit 3), one project identification sign is permitted at the site entrance with a maximum area of 50 sq.ft. and a maximum height of 10 feet. The existing entrance freestanding sign is just under 10 feet with a sign
face measuring about 82 sq.ft., making it nonconforming based on the current ODP sign standards
(Exhibit 4, Site Photos). III. PROPOSED AMENDMENT
The applicant would like to replace the existing freestanding sign with a new one. However, they state
“since the existing sign has been there for decades, the original specifications have long been outdated and [we] would like to bring the sign up to date and in conformance with [the] current sign code” (Exhibit 5, Applicant Letter). It is unclear based on City records why the existing sign does not conform with the ODP sign standards. Many older ODPs were written to allow only what was
Case No. WZ-20-07 / Wheat Ridge Plaza ODP Amendment 3
proposed at the time and in that sense are perhaps overly restrictive. This is a good example in which there is no clear reason why the sign standards in the ODP are so limiting. A new freestanding sign that aligns to the City’s sign code cannot be achieved through a variance and
may only be achieved through an amendment to the development standards within the existing PCD
ODP. By changing the ODP sign standards to follow the City’s standard sign standards, not only would it bring the existing sign into conformance, but it will also encourage reinvestment in a property since the applicant would like to install a new sign. Furthermore, new signs proposed for the commercial properties to the east already need to adhere to the City’s sign code. Therefore, the
amendment would result in signs that match the character of the area. Besides the sign standards, all
other development standards remain unchanged and refer back to the previous ODP amendment (see
Exhibit 6). The following table compares the existing freestanding sign conditions to the existing ODP sign
standards and also to the City’s standard sign code. Per the City’s sign code, location and maximum
sign face measurements are determined by the proposed height of the sign and the floor area of the associated building, respectively.
EXISTING CONDITIONS CURRENT ODP STANDARDS CITY’S SIGN CODE
Location ~ 18’ from ROW line Site Entrance Min. 10’ from Row if 7’-15’ tall
Sign Face ~ 82 sf Max. 50 sf Min. 150 sf
Height ~ 10’ Max. 10’ Max. 15’
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 sign standards is not expected to have a significant adverse effect on the surrounding area. The vast majority of properties in the City comply with the sign code, including most properties in the immediate area. Therefore, the amendment would result in signs that match the character of the area.
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.
While new development is not being proposed through this amendment, the desired new freestanding sign cannot be achieved through a variance and may only be achieved through an amendment to the development standards within the existing PCD ODP.
Case No. WZ-20-07 / Wheat Ridge Plaza ODP Amendment 4
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.
Adequate infrastructure currently serves the property. The change in sign standards will not affect the ability for these providers to serve the property. Staff concludes that this criterion is not applicable.
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. While the underlying PCD zoning is not being changed through this amendment, the existing freestanding sign does not meet the current ODP sign standards. By changing the ODP sign
standards to follow the City’s standard sign standards, not only would it bring the existing sign
into conformance, but it will also encourage reinvestment in a property, meeting a comprehensive plan goal, since the applicant would like to install a new sign. 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 PCD 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. There are several examples of planned development documents which describe only what was being proposed at the time but fail to provide more broad parameters in anticipation of future
changes. By aligning the ODP’s sign standards to refer to the current City sign code, it
eliminates the need for the applicant to continuously apply for an ODP Amendment any time they want to differ from the ODP standards which were created a certain moment in time. Instead, the City’s sign code can change more regularly and apply to a broader category of properties. There is nothing unique about the property that warrants a more detailed or unique
regulatory framework for signs. The ODP did not anticipate a future change in signage and it is
appropriate to recognize such change at this time. Staff concludes that this criterion has been met.
Case No. WZ-20-07 / Wheat Ridge Plaza ODP Amendment 5
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 underlying PCD zoning is not being changed through this amendment.
Staff concludes that this criterion is not applicable. Staff concludes that the criteria used to evaluate ODP Amendments support this request.
V. PUBLIC NOTICING 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 July 7, 2020. Due to the COVID-19 pandemic this meeting was advertised and conducted as a virtual meeting on Zoom. No members of the public attended the meeting in addition to the applicant and staff. Prior to the neighborhood meeting, staff received one email from a neighbor in support of the proposal (Exhibit 7, Neighborhood Meeting).
VI. AGENCY REFERRALS 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 comments. Wheat Ridge Economic Development: No comments.
Wheat Ridge Urban Renewal Authority: No comments.
Wheat Ridge Water District: No comments. Wheat Ridge Sanitation District: No conflict, but applicant to verify sign location does
not conflict with any existing easement before construction.
West Metro Fire Protection District: No comments. Xcel Energy: No objections, but applicant to verify sign location does not conflict with
Xcel facilities.
Comcast: No comments. Century Link: No comments.
VII. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff concludes that the proposed amendment will not result in an adverse effect on the surrounding area. Staff further concludes that the change in sign standards does not affect the demand on public
Case No. WZ-20-07 / Wheat Ridge Plaza ODP Amendment 6
infrastructure. Finally, Staff concludes that the amendment is consistent with the goals and objectives of the Comprehensive Plan. There is nothing unique about the property that warrants a more detailed or unique regulatory framework for signs; it is appropriate for the subject site to comply with the City’s standard sign codes.
Because the ODP evaluation criteria support the amendment request, staff recommends approval of Case No. WZ-20-07. VIII. SUGGESTED MOTIONS
Option A: “I move to recommend APPROVAL of Case No. WZ-20-07, a request for an Outline Development Plan (ODP) amendment to change the sign standards on property zoned Planned Commercial Development (PCD), for the following reasons:
1. The proposed amendment does not result in an adverse effect on the surrounding area. 2. The proposed amendment is consistent with the goals and objectives of the City’s Comprehensive Plan. 3. The amendment will provide additional opportunity for reinvestment in the area.
4. The amendment aligns with the changing needs of the development.
5. The criteria used to evaluate an ODP amendment supports the request.” Option B: “I move to recommend DENIAL of Case No. WZ-20-07, a request for an Outline Development Plan
(ODP) amendment to change the sign standards on property zoned Planned Commercial Development
(PCD), for the following reasons: 1. 2. …”
Case No. WZ-20-07 / Wheat Ridge Plaza ODP Amendment 7
EXHIBIT 1: AERIAL
Case No. WZ-20-07 / Wheat Ridge Plaza ODP Amendment 8
EXHIBIT 2: ZONING MAP
Case No. WZ-20-07 / Wheat Ridge Plaza ODP Amendment 9
[See attached]
EXHIBIT 3: CURRENT ODP
WHEAT RIDGE PLAZA PCD
ODP AMENDMENT NO. 2
Case No. WZ-20-07 / Wheat Ridge Plaza ODP Amendment 10
EXHIBIT 4: SITE PHOTOS
Above: view of the subject property looking southeast shows the existing sign.
Below: dimensions for current sign, as provided by applicant.
Case No. WZ-20-07 / Wheat Ridge Plaza ODP Amendment 11
EXHIBIT 5: APPLICANT LETTER
Case No. WZ-20-07 / Wheat Ridge Plaza ODP Amendment 12
[See attached]
EXHIBIT 6: PROPOSED ODP
AMENDMENT
WHEAT RIDGE PLAZA PCD
ODP AMENDMENT NO. 3
Wheat Ridge Plaza Planned Commercial Develpment ODP Amendment No. 3
An Outline Development Plan Amendment in the City of Wheat Ridge, Colorado
A PART OF THE EAST ½ OF THE WEST ½ OF THE NORTHEAST ¼
OF THE NORTHWEST ¼ OF SECTION 26 TOWNSHIP 3 SOUTH, RANGE 69 WEST,
6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE,
COUNTY OF JEFFERSON, STATE OF COLORADO
Planned and Prepared by:
Front Range Signarama
9011 Harlan St.
Westminster, Co 80031
October 18, 2020
OWNER’S CERTIFICATEThe below signed owner(s), or legally designated agent(s) thereof, do hereby agree that the property legally described hereon will be developed as a Planned Development in accordance with the uses, restrictions and conditions
contained in this plan, and as may otherwise be required by
law. I (we) further recognize that the approval of a rezoning to
Planned Development, and approval of this outline development plan, does not create a vested property right. Vested property rights may only arise and accrue pursuant to
the provisions of Section 26-121 of the Wheat Ridge Code of Laws.
_____________________
KEVIN SCHNEIDER ON
BEHALF OF UNITED FOOD AND COMMERCIAL WORKERS
NO. 7R BUILDING ASSOCIATION
State of Colorado )) SSCounty of Jefferson )
The foregoing instrument was acknowledged before me this
____day of ________, A.D. 20___ by__________________
.
Witness my hand and official seal. My commission expires:
_________________
Notary Public
COUNTY CLERK AND RECORDERS CERTIFICATE
State of Colorado )) SSCounty of Jefferson )
I hereby certify that this plan was filed in the office of
the County Clerk and Recorder of Jefferson County at
Golden, Colorado, at ________o’clock ___.M. on the____ day of ________________, _______ A.D., inBook_____, Page______, Reception No.___________.
JEFFERSON COUNTY CLERK AND RECORDER
By:______________Deputy
CITY CERTIFICATION
Approved this ____ day of ______________, ______ by the Wheat Ridge City Council.
ATTEST
__________________________
City Clerk Mayor
_______________________________Community Development Director
PLANNING COMMISSION CERTIFICATION
Recommended for approval this _______ day of
___________, _______, by the Wheat Ridge Planning
Commission.
_________________
Chairperson
Description of Amendment:
Article VII of the Wheat Ridge Code of Laws as it pertains to signage requirements. This
Plan titled “Wheat Ridge Plaza-PRD PCD” and recorded at Reception #84115602 as it
relates to signage requirements only.
Notes:
1. This outline development plan is conceptual in nature. Specic development
elements such as site layout and building architecture have not been addressed
on this document. As a result, a specic development plan must be submitted and
approved by the City of Wheat Ridge prior to the submittal of a right-of-way or
building permit application and any subsequent site development.
2. All signage shall be in conformance with Article VII of the Wheat Ridge Code of Laws.
3. Refer to Wheat Ridge Plaza PCD documents recorded at Reception Nos. 77844527
(original ODP), 84112697 (Amendment 1), and 84115602 (Amendment 2) for all other
development standards and sketch plan.
Vicinity Map
N CASE HISTORY
WZ-74-17
MS-84-01
WZ-84-03
WZ-84-07
WZ-84-40
WZ-95-17
WZ-20-07
LEGAL DESCRIPTION:
LOT 2, A RESUBDIVISION OF WHEAT RIDGE PLAZA, COUNTY OF JEFFERSON,
STATE OF COLORADO
Case No. WZ-20-07 / Wheat Ridge Plaza ODP Amendment 13
NEIGHBORHOOD MEETING NOTES
Meeting Date: July 7, 2020
Attending Staff: Stephanie Stevens, Senior Planner Zareen Tasneem, Planner I
Location of Meeting: Virtual Zoom meeting
Property Address: 7760 W. 38th Avenue
Property Owner(s): United Food and Commercial Workers No. 7R Building
Association (UFCW Local 7)
Property Owner(s) Present? Yes
Applicant: Kevin Schneider, UFCW Local 7 Larry Godwin, Front Range Signarama
Mieke Myrick, Front Range Signarama
Jennie Meeks, Precision Sign Company
Applicant Present? Yes
Existing Zoning: Planned Commercial Development (PCD)
Existing Comp. Plan: Neighborhood Buffer Area
Existing Site Conditions: The property is located at the south side of W. 38th Avenue between Yukon Court and Allison Street,
about a block west of the intersection of W. 38th Avenue and Wadsworth Boulevard. W. 38th Avenue
is a major east-west arterial road in the City of Wheat Ridge. To the north and east are primarily commercial uses which are zoned Planned Commercial Development (PCD), Mixed Use Commercial (MU-C), and Restricted Commercial (RC). This includes The Corners and Wilmore Center commercial centers. To the immediate southeast and south of the site are multifamily residential
buildings zoned Residential-Three (R-3) and Planned Residential Development (PRD). To the west are
properties zoned Residential-Two (R-2) and consisting of mostly single family residential homes. Further to the west is the Luthern Medical campus. The property is zoned Wheat Ridge Plaza Planned Commercial Development. According to the
Jefferson County Assessor, the lot area measures 91,171 square feet (2.093 acres) in size and contains
an office building built in 1979. The existing four-story building on the site contains primarily offices for a union. Access to the site is gained from W. 38th Avenue through a private drive aisle that is shared with the residential buildings to the south.
EXHIBIT 7: NEIGHBORHOOD MEETING
Case No. WZ-20-07 / Wheat Ridge Plaza ODP Amendment 14
Applicant/Owner Preliminary Proposal: The applicant is proposing an Outline Development Plan (ODP) Amendment for the property located at 7760 W. 38th Ave. The purpose of the request is to allow UFCW Local 7 to amend the specific sign standards established in the ODP to refer to the City’s general sign code instead. This would allow
them to remove their old signage along W. 38th Avenue and install a new sign which does not meet the
current ODP sign standards but would be within the current general sign regulations of the City of Wheat Ridge.
The following is a summary of the neighborhood meeting:
• No residents from the neighborhood attended the meeting.
• Staff discussed the application process with the applicant.
Prior to the neighborhood meeting, staff received 1 email from a neighbor in support of 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.
Case No. WZ-20-07 / Wheat Ridge Plaza ODP Amendment 15
Planning Commission Minutes - 1 –November 19, 2020
PLANNING COMMISSION Minutes of Meeting November 19, 2020
1.CALL THE MEETING TO ORDER
The meeting was called to order by Chair OHM at 7:00 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 Ari Krichiver
Daniel Larson Scott Ohm Jahi Simbai
Commission Members Absent: Kristine Disney Janet Leo
Staff Members Present: Lauren Mikulak, Planning Manager Tammy Odean, Recording Secretary
3.PLEDGE OF ALLEGIANCE
4.APPROVE ORDER OF THE AGENDA
It was moved by Commissioner LARSON and seconded by Commissioner ANTOLto approve the order of the agenda. Motion carried 6-0.
5.APPROVAL OF MINUTES – October 1, 2020
It was moved by Commissioner KERNS and seconded by Commissioner LARSONto approve the minutes of October 1, 2020, as written. Motion carried 6-0.
6.PUBLIC FORUM (This is the time for any person to speak on any subject not appearingon the agenda.)
ATTACHMENT 3
Planning Commission Minutes - 2 – November 19, 2020
No one wished to speak at this time.
7. PUBLIC HEARING A. Case No. WZ-20-07: an application filed by UFCW Local 7 Building Association for approval of an Outline Development Plan (ODP) amendment to change the sign standards on property zoned Planned Commercial Development (PCD) and located
at 7760 West 38th Avenue. A recorded presentation from Ms. Tasneem was played regarding the ODP 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. After the presentation, Ms. Mikulak explained to the Commission that one of the posting signs blew away before the scheduled meeting and she mentioned that the
Municipal Code anticipates these types of issues to happen; she read from the code
noting that the code allows the Commission to proceed. The sign had been posted 10 of the 15 days and because this case was also posted in multiple other places staff recommends the Planning Commission hear and make a recommendation on this case.
The applicant provided a brief presentation. Commissioner SIMBAI requested clarity on the staff report statement that it is “unclear” why the existing sign doesn’t conform to the existing ODP sign
Standards.
Ms. Mikulak noted that because the City does not have a lot of older Building Permit records, it is unclear to staff why the current sign was allowed to be built larger than the ODP allows.
Commissioner SIMBAI inquired if the Planning Commission should be reviewing more specific sign plans in order to approve the proposal. Ms. Mikulak explained the difference between an ODP amendment and a Master
Sign Plan—another type of document the Commission often reviews. The ODP
amendment does not require additional drawings or details of signs, particularly since it is proposed to follow the existing sign code standards. Drawings will be reviewed by staff through the permit process for conformance with code.
Commissioner SIMBAI asked what the applicant meant by there being
reinvestment in the property with this sign. Kevin Schneider, Applicant, Secretary Treasurer UFCW Local 7
Planning Commission Minutes - 3 – November 19, 2020
7760 W. 38th Avenue
Mr. Schneider explained that more tenants will be drawn to the building and
putting tenant’s business names on the sign will benefit the tenant and the community. There are currently vacancies in the building. Commissioner SIMBAI asked if the current sign is powered by electricity.
Mr. Schneider confirmed the sign has electricity and is internally illuminated, and he then showed a picture of the proposed new sign. Commissioner ANTOL asked staff to confirm that the amendment would result in
the site being consistent with the current sign code.
Ms. Mikulak concurred. Commissioner LARSON asked why an ODP amendment is required instead of a
variance.
Ms. Mikulak explained that the variance code is written for exceptions to specific provisions in the Chapter 26 Zoning Code, and an exception from the ODP’s sign standards is not eligible for a variance. If the applicant wants a waiver from a
standard in the ODP then the ODP standard itself must be changed.
In response to a couple questions from Commissioner KERNS regarding the features of this sign including a video board Ms. Mikulak explained that in Article 7 of the Sign Code electronic message boards are allowed with limitations on how
often the message can change and what the illumination requirements are.
Electronic message boards are permitted. She added there are a few electronic message boards in the area around 38th and Wadsworth and along that corridor. Ms. Mikulak mentioned that the City cannot regulate the content of a sign but can address time, place and manner.
Larry Godwin, Applicant, Front Range Sign-a-Rama 9011 N. Harlan St, Westminster Mr. Godwin explained that the electronic message board section will share
information for the community and may include severe weather alerts, Amber
Alerts, or vacancies for the building. Commissioner OHM asked if the sign will stay where it is currently located which is out of the sight triangle.
Mr. Schneider said it will stay in the same place.
Planning Commission Minutes - 4 – November 19, 2020
Commissioner KERNS also inquired if the members of the community have objected to a flashing sign in the neighborhood.
Mr. Schneider said there are not many homes close to the sign and Ms. Mikulak added that per the Code the messages shall be static and a change in message shall be instantaneous. The code prohibits flashing signs.
No one wished to speak during public comment.
It was moved by Commissioner ANTOL and seconded by Commissioner SIMBAI to recommend APPROVAL of Case No. WZ-20-07, a request for an Outline Development Plan (ODP) amendment to change the sign standards on
property zoned Planned Commercial Development (PCD), for the following reasons: 1. The proposed amendment does not result in an adverse effect on the surrounding area.
2. The proposed amendment is consistent with the goals and objectives of the City’s Comprehensive Plan. 3. The amendment will provide additional opportunity for reinvestment in the area. 4. The amendment aligns with the changing needs of the development.
5. The criteria used to evaluate an ODP amendment supports the request. Motion carried 5-1 with Commissioner KERNS voting against. B. Case No. ZOA-20-07: an ordinance repealing the reenacting Section 26-609 of
the Wheat Ridge Code of Laws concerning access to public streets and making
conforming amendments. Ms. Mikulak gave a short presentation regarding the ordinance. She entered into the record the contents of the case file, packet materials, the zoning ordinance.
Commissioner SIMBAI read from section 1B of the ordinance and asked if the Planning Commission or City Council will do any approvals. Ms. Mikulak explained that staff will always work with the applicant to get a
design, and yes Planning Commission and Council will be making approvals based
on these considerations. Section C says the code applies to whomever is the deciding body and it will apply depending to any applicable review process. Commissioner KRICHIVER asked if there is anything in the proposed new section
that would require the City to consider any of those factors.
ITEM NO: __
DATE: January 11, 2021
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 23-2020 – AN ORDINANCE REPEALING AND REENACTING SECTION 26-609 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING ACCESS TO
PUBLIC STREETS AND MAKING CONFORMING
AMENDMENTS (CASE NO. ZOA-20-07)
PUBLIC HEARING ORDINANCES FOR 1ST READING (12/14/2020)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/11/2021) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ____________________________________ Community Development Director City Manager
ISSUE:
The zoning code requires that all new development have access to public streets. It outlines several stipulations for residential and nonresidential developments. Code section 26-609 discusses access requirements, but does not reflect current development patterns, so the proposed amendment repeals and reenacts this section and updates cross references. The purpose of the amendment is to
provide more specificity for commercial and industrial land uses, more flexibility for residential
land uses, and more detailed guidance overall. The overarching goal is to ensure that access and circulation designs support logical and high-quality site design.
PRIOR ACTION:
In June 2020, code provisions related to access were a point of discussion in the context of a
proposed residential development. Planning Commission reviewed the proposed ordinance at a public hearing on November 19, 2020 and recommended approval. Meeting minutes from the Planning Commission public hearing are attached.
FINANCIAL IMPACT:
No financial impact is expected.
4
Council Action Form – Street Access January 11, 2021
Page 2
BACKGROUND: Current Code
Section 26-609 of the code describes how development must gain access to public streets. It
requires the following:
• All development must have access to a public street.
• Access can be direct access to the street or via easement or private roadway of at least 25
feet in width.
• Private roadways or easements may serve no more than four (4) dwelling units.
• For nonresidential uses in residential zone districts, private roadways or easements may
serve no more than 10,000 square feet of gross floor area.
• For commercial and industrial uses, private roadways or easements are permitted with review and approval by the Community Development Director and Fire District. Portions of this code section are cross-referenced in the subdivision regulations, with references to public and private streets appearing in definitions in several articles of the zoning code.
The four (4) dwelling unit limitation is a vestige from the City’s original zoning code. The City’s first code had a limitation of three (3) units which was later increased to four (4). The reason for this limitation was likely not simply to limit density, but to limit developers from building substandard private streets which was a more common practice decades ago. Additionally, the
limitation was in place during a time when development in Wheat Ridge was predominantly single-
family detached units. The City did not see any large-scale market rate multifamily development between the 1980s and 2016. Likewise, the zoning code was not originally written to acknowledge attached single-family units; the term “townhome” did not appear in the code until 2010 when the mixed use zone districts were written.
The City’s historic overreliance on Planned Development zoning has provided a mechanism by which private streets can be utilized for more units through the planned development review process. Over the last 20 years, the 4-unit limitation has been enforced by policy to refer only to single family detached units based on the original context of the code. To interpret otherwise
would have been exclusionary zoning.
Proposed Code An update to this code section is overdue as the City’s reliance on planned developments has been diminishing over the past decade. The less dependent the City is on planned developments or case-
by-case zoning, the more tools we need in the code to ensure high quality development across the City as a whole. In June 2020, the 4-unit private drive limitation was a point of discussion in the context of a proposed Planned Residential Development. The issue was moot as a planned development allows such proposals, but the discussion highlighted an important point: street and
circulation designs should abet logical and high quality design, and such provisions related to
access are not the appropriate tool by which to regulate density or land use. Zoning (permitted uses and development standards) dictate permitted use and density. In consultation with the City Attorney’s office, staff has since prioritized this code update to
provide better clarity for decision makers, applicants, and the public. The current language in
Council Action Form – Street Access January 11, 2021
Page 3
Section 26-609, allows, in short, wide discretion in the approval of access for commercial and industrial developments, but it does not include any specific considerations. Conversely, for
residential uses, the code is limiting and does not address multifamily or townhome contexts. The
zoning code needs to reflect our current infill reality with more specificity for commercial and industrial land uses, more flexibility for residential land uses, and more detailed guidance overall. The proposed code reflects current and best practice by outlining a series of specific considerations
to be applied in the context of all types of development when determining how property accesses
the public road network. The City currently has and will retain sole discretion over whether a property has access to streets through public or private roadways. The code adds specificity by itemizing the following considerations by which such design and decision is made:
• Maintenance,
• Design,
• Emergency/fire access,
• Merits of alternate designs,
• Land use (number of units or size of nonresidential),
• Block length,
• Impact on existing street network, and
• Bicycle and pedestrian facilities. Conforming amendments are necessary in several code sections. In the current code, the
provisions of Section 26-609 (access to public streets) are only partially duplicated in the
subdivision regulations, so the latter is now updated to simply reference Section 26-609. Equally problematic, the current code has inconsistent street-related definitions in three separate articles of the zoning code (Articles I, IV, and XI); this ordinance fixes the issue by replicating definitions from Article XI (mixed use code) in other sections.
Recommendation and Next Steps In practice, the City’s Development Review Team reviews all site designs and access configurations. This team includes over 15 staff members from the Planning Division, Building Division, Engineering Division, Economic Development, Public Works, Community Development,
the City Engineer and several fire districts.
Review of and revisions to access and circulation are often among the first and most robust discussions. The City’s codes related to access need to better complement the overriding intent of the zoning and subdivision regulations: to promote efficient circulation; improve connectivity;
accommodate safe movement of vehicles, bicycles and pedestrians; and minimize the number of
curb cuts. The proposed code amendment will provide staff and decision makers a better basis to make review comments and to ensure safe, logical, and high-quality access and circulation. As noted above, City Council discussed this code section in the context of a planned development
earlier in the year, and subsequently the City Attorney’s office worked with staff to update the code
to provide better clarity.
Council Action Form – Street Access January 11, 2021
Page 4
RECOMMENDATIONS: Staff recommends approval of the ordinance.
RECOMMENDED MOTION: “I move to approve Council Bill No. 23-2020, an ordinance repealing and reenacting Section 26-609 of the Wheat Ridge Code of Laws concerning access to public streets and making conforming amendments, on second reading, and that it takes effect 15 days after final
publication.”
Or, “I move to postpone indefinitely Council Bill No. 23-2020, an ordinance repealing and
reenacting Section 26-609 of the Wheat Ridge Code of Laws concerning access to public streets
and making conforming amendments, for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planning Manager
Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 23-2020
2. Street access examples
3. Planning Commission meeting minutes (November 19, 2020)
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HUTCHINSON COUNCIL BILL NO. 23
ORDINANCE NO. 1703 Series 2020 TITLE: AN ORDINANCE REPEALING AND REENACTING SECTION 26-609 OF THE WHEAT RIDGE CODE OF LAWS
CONCERNING ACCESS TO PUBLIC STREETS AND MAKING CONFORMING AMENDMENTS WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety and welfare; and
WHEREAS, in the exercise of this authority the City Council has previously enacted Section 26–609 of the Wheat Ridge Code of Laws (Code), setting requirements for access to public streets; and WHEREAS, in order to recognize changing patterns of residential and commercial
development, the City Council wishes to amend these requirements to provide specific considerations used when reviewing and approving access and designs. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Section 26–609 (Access to public streets) of the Wheat Ridge Code of Laws is hereby repealed and reenacted to read in its entirety as follows: A. Access to public streets required. No building permit or certificate of occupancy
shall be issued or approved for any structures not adjacent to a full width dedicated street, as required by Article IV hereof, or, alternatively, on easements or private roadways of record having a minimum width of twenty-four (24) feet, or upon a combination of full width dedicated streets or private roadways or easements, within the restrictions imposed by this section.
B. Use of private drives, roadways, and easements of record. To the extent the development is proposed to rely upon access to the public roadway system through the use of private drives, roadways, and/or recorded easements of record, approval for the same may be granted or withheld by the City in its sole discretion, based upon one or
more the following considerations: 1. The nature and extent of provisions for long-term maintenance of such private roadways or easements, through a special district, homeowners association, or other means.
2. The design and grade of the proposed roadway or easement, and the extent to which the same meets or varies from the requirements for full width dedicated streets under Article 4 hereof.
3. Whether the proposed roadway or easement is a logical design and meets
requirements for fire access.
4. The merits of alternate designs for the proposed access.
5. The number of residential units and/or amount of commercial property/units proposed to be served by the roadway or easement.
6. The length of block or area served.
7. The impact of the design and use of the roadway or easement upon the immediately adjacent publicly dedicated street network.
8. Whether bicycle and pedestrian facilities are provided on the site consistent with the requirements of the zoning code, including the Architectural and
Site and Design Manual and Streetscape Design Manual.
C. Review procedure. The City shall review any proposal for use of private drives, roadways, and/or easements under this section and shall approve, approve with conditions, or deny such use pursuant to the review procedure applicable to the subject
development, including without limitation site development plan, specific development
plan, planned building group, and/or subdivision plat. Section 2. Section 26–404 (Definitions) of the Wheat Ridge Code of Laws is amended as follows:
Alley: A right-of-way, dedicated to public uses, which gives a primary or secondary means of vehicular access to the rear or side of properties otherwise abutting a street, and which may be used for public vehicular and/or utility access. A PUBLIC OR PRIVATE THOROUGHFARE WHICH GIVES SECONDARY MEANS OF PUBLIC ACCESS TO
ABUTTING PROPERTIES OR BUILDINGS
DRIVEWAY. A THOROUGHFARE FOR VEHICLES PROVIDING ACCESS FROM A PUBLIC OR PRIVATE STREET OR ALLEY TO A DWELLING UNIT OR TO A PARKING AREA SERVING STRUCTURES OR FACILITIES.
Private drive: A thoroughfare for vehicular traffic which provides access to no more than four (4) dwelling units. (can remove this definition) Public Street: A dedicated public thoroughfare for vehicular traffic in accordance with
the requirements as set forth in the subdivision regulations, the comprehensive plan, the Bicycle and Pedestrian Master Plan, and the Streetscape Design Manual of the City of Wheat Ridge. A PUBLIC OR PRIVATE THOROUGHFARE FOR VEHICULAR TRAFFIC, OTHER THAN AN ALLEY OR DRIVEWAY.
Section 3. Section 26–412 (Street design) of the Wheat Ridge Code of Laws is
amended as follows:
A. General.
[…]
3. Private streets, ALLEYS AND/OR DRIVEWAYS MAY OR MAY NOT BE PERMITTED AT THE SOLE DISCRETION OF THE CITY PURSUANT TO THE PROVISIONS OF SECTION 26-609shall not be allowed.
[…] B. Access.
1. ACCESS TO A PUBLIC STREET SHALL BE PROVIDED PURSUANT TO THE PROVISIONS OF SECTION 26-609. For residential subdivisions, all lots shall have frontage on a public street with the exception of those lots served by private drive or easements. Private drives shall have a minimum width of twenty-five (25) feet, shall be designated by recorded easement,
and shall provide access to no more than four (4) dwelling units. Section 4. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 14th day of December, 2020, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for Monday, January 11, 2021 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 11th day of January, 2021.
SIGNED by the Mayor on this 11th day of January, 2021. _________________________ Bud Starker, Mayor
ATTEST: ________________________ Steve Kirkpatrick, City Clerk
Approved as to Form ________________________________
Gerald Dahl, City Attorney
1st publication: December 17, 2020 2nd publication: January 14, 2021 Jeffco Transcript
Effective Date: January 29, 2021
Published: Jeffco Transcript and www.ci.wheatridge.co.us
Nearly every development in Wheat Ridge—old and new—provides a different case study for a conversation about access. The following three examples demonstrate the wide range of
possibilities for private and public access to the road network. Every development is unique and
code provisions that support good planning but allow flexibility is important. Example 1 – Teller Subdivision Filing No. 1 was approved in 2017, creating six (6) lots for six (6) detached
single family homes at 2822 Teller Street. An access easement for a shared private drive is shaded
in blue. Because of the current 4-unit limitation on private drives, only the eastern four (4) lots can utilize the shared drive, and the subdivision includes a plat note requiring the western two (2) lots to have direct access off of Teller Street. This results in three (3) separate curb cuts on Teller along a relatively short frontage. In addition, the maintenance of the private drive is shared among
only four (4) homeowners instead of six (6). The lot layout meets the zoning, but a shared drive
among all six (6) lots would have improved the streetscape with fewer curb cuts and fewer garages oriented to the street, and would have resulted in better economy of scale with shared maintenance costs.
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ATTACHMENT 2
Example 2 – Yarrow Gardens is a townhome development which was rezoned, platted, and site planned from
2016 to 2018. The site is organized around a private loop road, portions of which resemble alleys
or driveways, and portions of which appear more street-like with on-street parking and sidewalks. It does not make sense for the City to own or maintain streets in a project of this size or with this looped design which is disconnected from the overarching street grid. In this case, the City approved a metro district, and the district is responsible for maintenance and plowing of the
roadways. This project is one of several townhome projects for which private drives make sense.
The proposed code amendment may not have resulted in any changes to this design but would have provided better guidance through the entitlement process.
W 44th Avenue
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Example 3 – The Clear Creek Crossing development will include a mixture of public and private roadway
facilities. Clear Creek Drive and W. 40th Avenue are dedicated as public rights-of-way with
sidewalks and street lights. Central to the circulation plan is a loop road that functions as the local street network between planning areas (shown as the dashed white line). That loop road will be privately owned. This allows more flexibility in its alignment as SDPs are submitted for each planning area. It also allows the development to remove snow from this major interior drive more
frequently than the City would otherwise plow a local street. Minimum design requirements are
provided in the projects zoning documents, and it will still comply with engineering and fire district requirements. A metro district is in place to maintain these kinds of improvements. This arrangement is permitted by the current code, and common for developments of this size.
The proposed code mirrors the process and considerations that were made in determining the
design of roadways. If the City had determined it important for any other segment to be public, the proposed code would be clearer in providing that sole discretion.
Planning Commission Minutes -1 –
November 19, 2020
PLANNING COMMISSION
Minutes of Meeting
November 19, 2020
1.CALL THE MEETING TO ORDER
The meeting was called to order by Chair OHM at 7:00 p.m. in the City Council
Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
2.ROLL CALL OF MEMBERS
Commission Members Present:Melissa Antol
Will Kerns
Ari Krichiver
Daniel Larson
Scott Ohm
Jahi Simbai
Commission Members Absent: Kristine Disney
Janet Leo
Staff Members Present: Lauren Mikulak, Planning Manager
Tammy Odean, Recording Secretary
3.PLEDGE OF ALLEGIANCE
4.APPROVE ORDER OF THE AGENDA
It was moved by Commissioner LARSON and seconded by Commissioner ANTOL
to approve the order of the agenda. Motion carried 6-0.
5.APPROVAL OF MINUTES – October 1, 2020
It was moved by Commissioner KERNS and seconded by Commissioner LARSON
to approve the minutes of October 1, 2020, as written. Motion carried 6-0.
6.PUBLIC FORUM (This is the time for any person to speak on any subject not appearing
on the agenda.)
ATTACHMENT 3
Planning Commission Minutes - 2 –
November 19, 2020
No one wished to speak at this time.
7. PUBLIC HEARING
A. Case No. WZ-20-07: an application filed by UFCW Local 7 Building Association
for approval of an Outline Development Plan (ODP) amendment to change the sign
standards on property zoned Planned Commercial Development (PCD) and located
at 7760 West 38th Avenue.
A recorded presentation from Ms. Tasneem was played regarding the ODP 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.
After the presentation, Ms. Mikulak explained to the Commission that one of the
posting signs blew away before the scheduled meeting and she mentioned that the
Municipal Code anticipates these types of issues to happen; she read from the code
noting that the code allows the Commission to proceed. The sign had been posted
10 of the 15 days and because this case was also posted in multiple other places
staff recommends the Planning Commission hear and make a recommendation on
this case.
The applicant provided a brief presentation.
Commissioner SIMBAI requested clarity on the staff report statement that it is
“unclear” why the existing sign doesn’t conform to the existing ODP sign
Standards.
Ms. Mikulak noted that because the City does not have a lot of older Building
Permit records, it is unclear to staff why the current sign was allowed to be built
larger than the ODP allows.
Commissioner SIMBAI inquired if the Planning Commission should be reviewing
more specific sign plans in order to approve the proposal.
Ms. Mikulak explained the difference between an ODP amendment and a Master
Sign Plan—another type of document the Commission often reviews. The ODP
amendment does not require additional drawings or details of signs, particularly
since it is proposed to follow the existing sign code standards. Drawings will be
reviewed by staff through the permit process for conformance with code.
Commissioner SIMBAI asked what the applicant meant by there being
reinvestment in the property with this sign.
Kevin Schneider, Applicant, Secretary Treasurer UFCW Local 7
Planning Commission Minutes - 3 –
November 19, 2020
7760 W. 38th Avenue
Mr. Schneider explained that more tenants will be drawn to the building and
putting tenant’s business names on the sign will benefit the tenant and the
community. There are currently vacancies in the building.
Commissioner SIMBAI asked if the current sign is powered by electricity.
Mr. Schneider confirmed the sign has electricity and is internally illuminated, and
he then showed a picture of the proposed new sign.
Commissioner ANTOL asked staff to confirm that the amendment would result in
the site being consistent with the current sign code.
Ms. Mikulak concurred.
Commissioner LARSON asked why an ODP amendment is required instead of a
variance.
Ms. Mikulak explained that the variance code is written for exceptions to specific
provisions in the Chapter 26 Zoning Code, and an exception from the ODP’s sign
standards is not eligible for a variance. If the applicant wants a waiver from a
standard in the ODP then the ODP standard itself must be changed.
In response to a couple questions from Commissioner KERNS regarding the
features of this sign including a video board Ms. Mikulak explained that in Article
7 of the Sign Code electronic message boards are allowed with limitations on how
often the message can change and what the illumination requirements are.
Electronic message boards are permitted. She added there are a few electronic
message boards in the area around 38th and Wadsworth and along that corridor.
Ms. Mikulak mentioned that the City cannot regulate the content of a sign but can
address time, place and manner.
Larry Godwin, Applicant, Front Range Sign-a-Rama
9011 N. Harlan St, Westminster
Mr. Godwin explained that the electronic message board section will share
information for the community and may include severe weather alerts, Amber
Alerts, or vacancies for the building.
Commissioner OHM asked if the sign will stay where it is currently located which
is out of the sight triangle.
Mr. Schneider said it will stay in the same place.
Planning Commission Minutes - 4 –
November 19, 2020
Commissioner KERNS also inquired if the members of the community have
objected to a flashing sign in the neighborhood.
Mr. Schneider said there are not many homes close to the sign and Ms. Mikulak
added that per the Code the messages shall be static and a change in message shall
be instantaneous. The code prohibits flashing signs.
No one wished to speak during public comment.
It was moved by Commissioner ANTOL and seconded by Commissioner
SIMBAI to recommend APPROVAL of Case No. WZ-20-07, a request for an
Outline Development Plan (ODP) amendment to change the sign standards on
property zoned Planned Commercial Development (PCD), for the following
reasons:
1. The proposed amendment does not result in an adverse effect on the
surrounding area.
2. The proposed amendment is consistent with the goals and objectives of
the City’s Comprehensive Plan.
3. The amendment will provide additional opportunity for reinvestment
in the area.
4. The amendment aligns with the changing needs of the development.
5. The criteria used to evaluate an ODP amendment supports the request.
Motion carried 5-1 with Commissioner KERNS voting against.
B. Case No. ZOA-20-07: an ordinance repealing the reenacting Section 26-609 of
the Wheat Ridge Code of Laws concerning access to public streets and making
conforming amendments.
Ms. Mikulak gave a short presentation regarding the ordinance. She entered into
the record the contents of the case file, packet materials, the zoning ordinance.
Commissioner SIMBAI read from section 1B of the ordinance and asked if the
Planning Commission or City Council will do any approvals.
Ms. Mikulak explained that staff will always work with the applicant to get a
design, and yes Planning Commission and Council will be making approvals based
on these considerations. Section C says the code applies to whomever is the
deciding body and it will apply depending to any applicable review process.
Commissioner KRICHIVER asked if there is anything in the proposed new section
that would require the City to consider any of those factors.
Planning Commission Minutes - 5 –
November 19, 2020
Ms. Mikulak explained that the ordinance will memorialize the factors being
considered and she gave examples. This will create some clear and transparent
criteria. The City will have to make decisions based on the considerations.
Ms. Mikulak clarified that the default is there is direct access to a public street and
if a private drive is going to be entertained then the 8 considerations will be used to
approve or deny a request. She noted that the applicant will not dictate whether
there will be a private or public access design it will be up to the discretion of the
City.
In response to Commissioner KRICHIVER asking about factor number 3 and what
a logical design means, Ms. Mikulak explained there will always be some
subjectivity in some of these statements and there have been illogical designs
presented to staff. She added that the current language in the code regarding the 4-
unit limit is too prescriptive and causing an issue, she then gave examples.
Commissioner LARSON asked about Section 1B numbers 5 & 6 and wondered if
there is a rule of thumb for the number of homes that warrant a public street.
Ms. Mikulak explained that staff reviewed a wide range of past projects. There is
no right answer for how many units should necessitate that access be through a
public street. There is a range in the mixed-use code for the length of a block. Staff
explored different thresholds, but there are many variables with infill development
and ultimately, it’s those variables which are memorialized in the code.
Commissioner KERNS asked if this ordinance is approved does it require the City
to take on maintenance of any substandard roadway facilities.
Ms. Mikulak clarified that no ownership will be changed for existing facilities, but
the code will provide a better basis for the City to decide if access for new
development should be from a public street as opposed to a private drive.
Commissioner ANTOL understands there needs to be flexibility but wondered why
the City needs this change.
Ms. Mikulak explained this code amendment will be used to protect the City in
instances where a developer wants to provide a substandard private facility, and
this amendment gives a better code basis for the City to deny that kind of design.
The code conversely would allow a private drive where it’s appropriate—the 4-unit
limit is too prescriptive.
Commissioner OHM asked about townhomes and if there’s a maximum amount of
lots that dictate if we use public vs. private facilities. He also asked about how
walkability factors in.
Planning Commission Minutes - 6 –
November 19, 2020
Ms. Mikulak noted there are existing code provisions to have pedestrian walkways
through site design standards. The question of when a townhome subdivision
warrants public streets, is more a factor of the size of the project than the number
of units. She cited the Yarrow Gardens and Toll Brothers projects. The former is
small in size despite the number of units and has private streets with sidewalks.
The latter is much larger in acreage and needs public streets. She added that access
should not dictate the number of units that are allowed; zoning dictates the number
of units allowed. Access codes should make sure the site is functioning properly.
No one wished to speak during public comment.
It was moved by Commissioner LARSON and seconded by Commissioner
KERNS to recommend approval of the proposed ordinance repealing and
reenacting Section 26-609 of the Wheat Ridge Code of Laws concerning access
to public streets and making conforming amendments.
Motion carried 5-1 with Commissioner Krichiver voting against.
8. OLD BUSINESS
A. Ms. Mikulak gave an update on the Let’s Talk program in Bel Aire and East Wheat
Ridge. In response to a question from Commissioner Larson, she explained the
three phases of engagement and how resident feedback would be used to create a
neighborhood specific action plan.
9. NEW BUSINESS
A. Upcoming Dates
• December 3 and 17 Planning Commission meetings will have cases to hear.
• In response to questions from Commissioners, Mr. Mikulak noted that she
did not know who the tenants would be for the old Lucky’s or at Gold’s
Market Place.
10. ADJOURNMENT
It was moved by Commissioner ANTOL and seconded by Commissioner LARSON
to adjourn the meeting at 8:09 p.m. Motion carried 6-0.
__________________________ _______________________________
Scott Ohm, Chair Tammy Odean, Recording Secretary
ITEM NO:
DATE: January 11, 2021
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 03-2021 – A RESOLUTION APPROVING A
SPECIFIC DEVELOPMENT PLAN (SDP) FOR PROPERTY
LOCATED AT 4990 PARFET STREET (CASE NO. WZ-20-03 /
AXIS 70 WEST)
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ____________________________________ Community Development Director City Manager
ISSUE:
The applicant is requesting approval of a Specific Development Plan (SDP) for property located at 4990 Parfet Street (near the northeast corner of I-70 Frontage Road North and Parfet Street). Approval of an SDP is the second step in the City’s approval process for a Planned Industrial Development; it provides site plan and design details for the subject property.
PRIOR ACTION: Planning Commission heard this request at a public hearing on December 3, 2020. Planning Commission gave a recommendation of approval for the SDP by a vote of 8-0 for the following reasons: 1.The specific development plan is consistent with the purpose of a planned development,
as stated in Section 26-301 of the City Code.2. The specific development plan is consistent with the intent and purpose of the outlinedevelopment plan.3. The proposed uses are consistent with those approved by the outline development plan.4. All responding agencies have indicated they can serve the property with improvements
installed at the developer’s expense.5.The specific development plan is in substantial compliance with the applicable standardsset forth in the outline development plan and with the City’s adopted codes and policies.
5
Council Action Form –4990 Parfet Street SDP January 11, 2021
Page 2
With the following condition: 1. Ten-foot (10’) walls or fences shall only be allowed within the loading area and shall not
be located within required setbacks or landscape buffers. “Loading area” is defined as
the pavement area on the east side of the building as identified on the Specific Development Plan. The SDP was revised with a note to reflect the condition as recommended by Planning
Commission, therefore this condition was not included in City Council’s recommended motion.
The staff report and meeting minutes from the December 3 Planning Commission meeting are attached to the preceding CAF for Council Bill No. 22-2020. FINANCIAL IMPACT:
Fees in the amount of $5,915 were collected for the review and processing of Case No. WZ-20-
03. Building permit and plan review fees, along with building use tax will be paid as part of the issuance of building permits BACKGROUND:
For background information regarding the property, please refer to the Council Action Form for
Council Bill No. 22-2020 which relates to the proposed rezoning and Outline Development Plan (ODP). The ODP includes general development parameters, whereas the Specific Development (SDP) provides details regarding site design, building design, and landscaping. Key components of the site design are described here. The revised SDP plan is attached.
Proposed Development
Site Design The SDP is proposed to facilitate the construction of a single industrial warehouse building
consisting of approximately 142,000 square feet on the 10.58-acre site. The resulting building
would accommodate businesses of varying sizes and would largely target uses that need logistics space that can be utilized for distribution, light manufacturing, showroom/sales floor, wholesale operation, as well as service and supplier-oriented businesses per allowable uses set forth in the ODP.
The site is bounded on three sides by right-of-way, including Oak Street on the east, Parfet Street on the west, and West 50th Avenue on the north. The building is designed for the main façade of the building to front on Parfet Street. The loading side of the building would then front on Oak Street. The property will have two access points from Oak Street, and two access points from
Parfet Street. Standard parking wraps the building on the north, south, and west sides with a
truck court proposed on the east. A total of 249 parking spaces are proposed. Overall building height is proposed at approximately 40 feet. Proposed setbacks are as follows: 93.9 feet (front – Parfet St.), 176.5 feet (rear – Oak St.), 133.8 feet (side- south), 98.3 feet (north – 50th Ave.), 63.5 feet (north – adjacent to existing residential). Site access, parking, building height, and setbacks
comply with ODP and are compatible with the surroundings.
Council Action Form –4990 Parfet Street SDP January 11, 2021
Page 3
Architecture The proposed architectural construction reflects mainly articulated site cast concrete panels with glass accents and includes varying parapet heights, textures, colors, reveals, enhanced entries,
windows, and features that help to break up the façade. The main entry includes an elevated
glass line and enhanced architectural design on the south end of the building along I-70 Frontage Road N. All three entries are recessed and include permanent canopies to help break up the monotony of such a large scale building. The loading area along Oak Street is proposed to be screened by 10-foot tall wing walls, which also help to break up the façade.
The ASDM and ODP call for specific architectural standards related to façade design, materials, transparency, and screening. All standards of the ODP and ASDM (as applicable) have been met.
Landscaping
The ODP requires the lot to be at least 15% landscaped. The SDP proposes 26.41% or 113,596 square feet of on-site landscaping, including parking lot landscaping, perimeter landscaping, and a decent buffer used as open space above the underground detention on the south side. A total of 112 trees and 781 shrubs will be provided.
Additionally, the ODP requires an evaluation of existing trees on site to determine viability, and replacement at a 2:1 ratio when trees cannot be saved. The applicant has provided a tree inventory and assessment of existing trees on the property proving that 55 of the 56 trees on site are either invasive species (Russian Olives/Siberian Elms) or are not viable long term
(Cottonwoods along Oak St). The total trees provided exceeds the requirements of the ODP for
tree replacement, with 110 required versus 112 proposed. Drainage Drainage is accommodated via underground water quality and detention on the south side of the
site, to be located within a stormwater drainage easement. This area will contain primarily
meadow grass as well as plantings associated with the parking lot screening, but is limited in planting area due to the PSCO transmission lines and associated utility easement. The area is sized sufficiently for the added impervious surface on the site, and acts as an additional buffer between the proposed development and I 70 Frontage Road N to the south. Based on the total
area of impervious surface being greater than 10,000 square feet, full flood attenuation is
required and provided. SDP Criteria for Review The request appears to comply with the SDP criteria in Section 26-305 of the code, and staff
makes the following findings based on the criteria:
• The proposed specific development plan is consistent with the purpose of a planned development. The purpose of utilizing planned development zoning is to provide
flexibility while accommodating well-designed, innovative developments that
demonstrate efficient use of land and may not be feasible under a standard zone district. The SDP achieves these goals by providing an efficient and high-quality design that will lend itself to function and utility for a wide audience of potential users while maintaining
Council Action Form –4990 Parfet Street SDP January 11, 2021
Page 4
a strong and unique architectural statement. This would not otherwise be feasible under the standard I-E zone district.
• The proposed specific development plan is consistent with the design intent or purpose of
the approved outline development plan.
• The proposed uses indicated in the specific development plan are consistent with the uses approved by the outline development plan.
• The site is appropriately designed and is consistent with the development guidelines established in the outline development plan in all respects including related to height, coverage, setbacks, parking, access, landscaping, screening, and building design.
• Adequate infrastructure/facilities are available to serve the subject property, or the
applicant will upgrade and provide such where they do not exist or are under capacity.
• The proposed specific development plan is in substantial compliance with the applicable standards established in the ODP and other applicable design standards. The Streetscape Design Manual is applicable only to West 50th Avenue collector. However, the streetscapes are all being upgraded to the City’s standard, and landscaping is being
provided along the street frontage in excess of zoning code requirements. RECOMMENDATIONS: Based on compliance with the SDP review criteria, staff is recommending approval of this request.
RECOMMENDED MOTION: “I move to approve Resolution No. 03-2021, a resolution approving a Specific Development Plan (SDP) for property located at 4990 Parfet Street, for the following reasons: 1. City Council has conducted a proper public hearing that meets all public notice
requirements as required by Section 26-109 of the Code of Laws.
2. The proposed Specific Development Plan has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. All requirements of a Specific Development Plan have been met.
Or,
“I move to deny Resolution No. 03-2021, a resolution approving a Specific Development Plan (SDP) for property located at 4990 Parfet Street, for the following reasons: 1.
2. 3. ” REPORT PREPARED/REVIEWED BY:
Stephanie Stevens, Senior Planner
Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS:
1. Resolution No. 03-2021
2. Specific Development Plan
ATTACHMENT 1
CITY OF WHEAT RIDGE RESOLUTION NO. 03 Series of 2021
TITLE: A RESOLUTION APPROVING A SPECIFIC DEVELOPMENT PLAN (SDP) FOR PROPERTY LOCATED AT 4990 PARFET STREET (CASE NO. WZ-20-03 / AXIS 70 WEST)
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, Industrial Partners Qualified Opportunity Fund, LLLP submitted a land use application for approval of a Specific Development Plan for property at the
northeast corner of I-70 Frontage Road N and Parfet Street (4990 Parfet Street); and, WHEREAS, the Specific Development Plan will allow for investment in the community and provisions for an industrial warehouse development that fulfill key values of the Comprehensive Plan by contributing to economic growth and balanced
land uses; and,
WHEREAS, all requirements for a Specific Development Plan have been met; and,
WHEREAS, the City Council has conducted a public hearing complying with all public notice requirements as required by Section 26-109 of the Code of Laws. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS:
THE SPECIFIC DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 4990 PARFET STREET (CASE NO. WZ-20-03 / AXIS 70 WEST) IS HEREBY APPROVED FOR THE FOLLOWING REASONS:
1. City Council has conducted a proper public hearing, meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The proposed Specific Development Plan has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. All requirements of a Specific Development Plan have been met.
DONE AND RESOLVED by the City Council this 11th day of January, 2021. _____________________________ Bud Starker, Mayor
ATTEST: ____________________________ Steve Kirkpatrick, City Clerk
AT
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2
4:1 MAX
4:1 MAX
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GRAVITY WALL
(SEE PLAN FOR
MAX HEIGHT)
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SCALE: 1" = 5'
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EXISTING RIDGE
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WITHIN 25' STORMWATER
DRAINAGE EASEMENT
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FUTURE CONSTRUCTION
PROPOSED
UNDERGROUND
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CHANNEL
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TW: 5382.53
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BW: 5384.32
BW: 5385.00
BW: 5384.90
BW: 5384.71
TW: 5384.94
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Axis 70 West Planned Industrial Development
PARCEL OF LAND LOCATED IN THE SOUTHWEST 14 OF SECTION 16, TOWNSHIP 3, RANGE 69 WEST OF 6TH P.M.
COUNTY OF JEFFERSON, STATE OF COLORADO
DATES/ REVISIONS
A Specific Development Plan in the City of Wheat Ridge, CO
04.24.20 SDP 1st SUB.
07.22.20 SDP 2nd SUB.
10.21.20 SDP 3rd SUB.
11.17.20 SDP 4th SUB.
CASE NUMBER: WZ-20-03
CASE HISTORY
PR
E
P
A
R
E
D
B
Y
:
WZ-20-02
WZ-20-03
MS-20-05
SUP-07-08
WZ-05-05
WZ-05-11
MS-05-04
PBG-00-03
TUP-99-05
MS-86-03
WZ-86-10
56
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SHEET 3
OVERALL
GRADING PLAN
PROPOSED MAJOR CONTOUR (5')
PROPOSED MINOR CONTOUR (1')
EXISTING MAJOR CONTOUR (5')
EXISTING MINOR CONTOUR (1')
PROPOSED STORM SEWER
EXISTING STORM SEWER
PROPOSED SLOPE ARROW
EXISTING SLOPE ARROW
5385
5385
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LEGEND
SCALE: 1" = 40'
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CONNECT TO
EXISTING BAYOU
DITCH
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4
8
"
R
C
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PR. 8"
SANITARY
(BY OTHERS)
CONNECT TO
PR.
4' SANITARY
MANHOLE
(BY OTHERS)
CONNECT TO
EX. 12" WATER
CONNECT TO
EX. 12" WATER
CONNECT TO
EX. 16" WATER
EX. 8'x6' BOX CULVERT
CONNECT TO EX.
CUSTOM STRUCTURE
50
T
H
A
V
E
N
U
E
OAK STREET
PARFET STREET
CONNECT TO
EX. 60"x38" HERCP
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
EX. 16" WATER
EX. 12" WATER
BUILDING 1
DD
D
D
ROOF DRAIN SYSTEM
ROOF DRAIN SYSTEM
18" RCP
18" RCP
18" RCP
18" RCP
18" RCP
18" RCP
24" RCP
18" RCP
54" RCP
54"
R
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54" RCP
48" RCP
68"x30" HERCP
54" RCP
18" RCP
18" RCP
24" RCP
24
"
R
C
P
24" RCP
24" RCP
24" RCP
S
S
S
D
D
D
PR. 10.00'
PSCO EASEMENT
EX. 63' PERMANENT EASEMENT
PR. 26.00' FIRE LANE &
ACCESS EASEMENT
PR. 40.00'
ROW
6" SANITARY
SERVICE
PR. 10.00'
PSCO
EASEMENT
PR. 10.00' PSCO
EASEMENT
PR. 26' FIRE LANE &
ACCESS EASEMENT
24" RCP
PR. 10.00'
WATER
EASEMENT
66" RCP
18" RCP
18" RCP
48" RCP
15" PVC
PR. 26.00' FIRE LANE &
ACCESS EASEMENT
PR. 26.00' FIRE LANE &
ACCESS EASEMENT
I-
7
0
F
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A
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BD-1
RRT-1
AC-3
IN-E2
IN-E1
RRT-2
AC-4
RRT-3
IN-C1 IN-C2 IN-C3 IN-C4
BD-2
IN-A4
RRT-5
RRT-4
RD-1
MH-1
IN-A3
IN-A2
IN-E3
MH-2
IN-A1
D
AC-6
MH-5
AC-5
MH-4
AC-2
AC-1
BD-3
EXISTING WADSWORTH
IRRIGATION DITCH
PR. 50.00' WATER
EASEMENT
66" RCP
D
D
D
CONNECT TO
EX. 54" RCP
PR. 26' STORMWATER
DETENTION EASEMENT
PR. 25.00'
STORMWATER
DRAINAGE EASMENT
54" RCP
AC-7
AC-8
24" RCP
24" RCP
AC-9
24" HDPE
24" HDPE
24" HDPE
24" RCP
PROPOSED
UNDERGROUND
DETENTION
72" CMP (2)
54" RCP
18
"
R
C
P
MH-6
18" RCP
BD-4
18" RCP
PROPOSED UNDERGROUND
DETENTION
72" CMP (7)
FUTURE CONSTRUCTION
6"
P
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6"
P
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G
6"
P
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F
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IN-E4
18" RCP
PR. 5' PSCO
EASEMENT
PR. 25' STORMWATER
DRAINAGE EASEMENT
PR. 70' STORMWATER
DETENTION EASEMENT
PR. WATER METER WITHIN
25' STORM WATER DRAINAGE EASEMENT
AX
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Axis 70 West Planned Industrial Development
PARCEL OF LAND LOCATED IN THE SOUTHWEST 14 OF SECTION 16, TOWNSHIP 3, RANGE 69 WEST OF 6TH P.M.
COUNTY OF JEFFERSON, STATE OF COLORADO
DATES/ REVISIONS
A Specific Development Plan in the City of Wheat Ridge, CO
04.24.20 SDP 1st SUB.
07.22.20 SDP 2nd SUB.
10.21.20 SDP 3rd SUB.
11.17.20 SDP 4th SUB.
CASE NUMBER: WZ-20-03
CASE HISTORY
PR
E
P
A
R
E
D
B
Y
:
WZ-20-02
WZ-20-03
MS-20-05
SUP-07-08
WZ-05-05
WZ-05-11
MS-05-04
PBG-00-03
TUP-99-05
MS-86-03
WZ-86-10
56
1
9
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T
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P
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EX. 5' PSCO EASEMENT
EX. 5' PSCO EASEMENT
EX. 25' DITCH
EASEMENT
EX. 20' DITCH
EASEMENTEX. 40' ROW
PR. 18.5' ROW
E
X
.
5
5
'
R
O
W
SHEET 4
OVERALL
UTILITY PLAN
PR. 10.00'
DITCH EASEMENT
LEGEND
PR. STORM MANHOLE
PR. STORM INLET
PR. STORM SEWER
PR. SANITARY SEWER MANHOLE
PR. SANITARY SEWER
PR. WATERMAIN
EX. STORM MANHOLE
EX. STORM INLET
EX. STORM SEWER
EX. SANITARY SEWER MANHOLE
EX. SANITARY SEWER
EX. WATERMAIN
PR. FIRE HYDRANT
PR. WATER VALVE
SANITARY MANHOLE IDENTIFIER
STORM MANHOLE IDENTIFIER
S
D
S
D
EX. 60' PERMANENT
DRAINAGE EASEMENT PE-96
REC. NO. 2015028895
2018067035
TO BE VACATED
PEDESTRIAN LIGHT
STREET LIGHT
SITE LIGHT
ARVADA FIRE PROTECTION DISTRICT NOTES:
1. FIRE HYDRANTS SHALL BE INSTALLED AND OPERATIONAL TO PROVIDE THE MINIMUM
REQUIRED FIRE FLOW PRIOR TO COMMENCING VERTICAL CONSTRUCTION.
2. THE MINIMUM REQUIRED FIRE-FLOW IS 4,000 GALLONS-PER-MINUTE WITH REDUCTION
APPLIED FOR THE INSTALLATION OF A FIRE SPRINKLER SYSTEM.
3. APPROVED FIRE LANE AND EMERGENCY ACCESS SHALL BE PROVIDED DURING VERTICAL
CONSTRUCTION. UNLESS OTHERWISE APPROVED, THE EVA SHALL CONSIST OF THE FIRST
LIFT OF ASPHALT OR CONCRETE AND BE PROVIDED PRIOR TO COMMENCING VERTICAL
CONSTRUCTION.
SCALE: 1" = 40'
D
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SYMBOL DESCRIPTIONQTYSTEEL LANDSCAPE EDGER. COL-MET MFG, BROWNPOWDER-COAT FINISH. INSTALL WITH PROPER LAP-JOINTSAND STAKES. SEE THE DETAIL ON SHEET 7.2,255 LFBIKE RACK. U-SHAPE, SURFACE MOUNT, BLACK COLOR. SEETHE DETAIL ON ARCHITECT`S DETAIL SHEET.SYMBOL DESCRIPTIONQTY6 FT. LONG PICNIC TABLE. AVAILABLE THRU THOMAS-STEELMFG., "WINGRA-TABLE", PEROFRATED METAL, POWDERCOATMIDNIGHT BLUE COLOR, MODEL #WGT-6-MIDNIGHT BLUE. SEETHE DETAIL ON ARCHITECT`S DETAIL SHEET.26 FT. LONG BENCH. AVAILABLE THRU GLOBAL INDUSTRIAL SLATBENCH WITH BACK. POWDERCOAT BLACK COLOR, MODEL#WB694854BK. BOLT TO CONCRETE PAD. SEE THE DETAIL ONSHEET 10 2TRASH RECEPTACLE. AVAILABLE THRU GLOBAL INDUSTRIAL.SLAT METAL, POWDERCOAT BLACK COLOR, MODEL#WB261944BK. BOLT TO CONCRETE. SEE THE DETAIL ON SHEET10.2SYMBOL DESCRIPTIONQTY1"-3" WASHED ROUND GREY GRAVEL STONE MULCH, 3" DEEPOVER LANDSCAPE FABRIC. SEE PLAN FOR LOCATIONS.35,166 SF1" TAN GRANITE STONE MULCH. PLACE 3" DEEP OVERLANDSCAPE FABRIC. SEE THE PLAN FOR LOCATIONS 19,466 SF 15 REFERENCE NOTES SCHEDULE
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CITY OF WHEAT RIDGE LANDSCAPE REQUIREMENTS:
5
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ITEM NO:
DATE: January 11, 2021
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 02-2021 - A RESOLUTION CONCERNING
THE LEASE BACK OF PROPERTY LOCATED AT 7575 W 44TH AVENUE TO BANK OF THE WEST
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Community Development Director City Manager
ISSUE: The proposed improvements to Wadsworth Boulevard require that additional rights-of-way
(ROW) be purchased to allow for the construction of public improvements. In order to facilitate
the acquisition of property at 7575 W 44th Avenue and the subsequent relocation of the Bank of West, staff is requesting that City Council approve a resolution authorizing leasing the property back to the Bank of the West until April 30, 2021.
PRIOR ACTION:
On December 10, 2018, Council approved a contract for ROW acquisition services with HDR,
Inc. to prepare ROW plans and acquire ROW necessary to construct the project.
On January 14, 2019, Council authorized staff to acquire ROW along the corridor. Council authorized the Mayor and the City Clerk to accept the acquired ROW on their behalf.
On December 14, 2020, Council authorized staff to use the City’s eminent domain authority to
acquire eight additional properties, if necessary. This property was one of the properties that was
listed. Since a consensual agreement was reached, using eminent domain was not needed.
FINANCIAL IMPACT: The City will not be receiving any payments from the Bank of the West for the lease.
6
Council Action Form – Wadsworth Boulevard Bank of the West Lease January 11, 2021
Page 2
BACKGROUND: A final settlement was recently reached for the full acquisition of the Bank of the West property.
In order to allow the Bank of the West adequate time to prepare and relocate to a new location,
the Memorandum of Agreement (MOA) with them that outlines the details of the purchase allows them to occupy their current location until April 30, 2021. The closing is currently scheduled for January 15, 2021, so a lease has been prepared with the City as the landlord and the Bank of the West as the tenant (Attachment 2).
RECOMMENDATIONS:
Staff recommends that City Council approve the attached resolution authorizing the City to lease property located at 7575 W 44th Avenue to the Bank of the West in order to allow the closing on the purchase of the property and facilitate the relocation of the Bank of the West to a new location.
RECOMMENDED MOTION: “I move to approve Resolution No. 02-2021, a resolution concerning the lease back of property located at 7575 W 44th Avenue to Bank of the West.”
Or,
“I move to postpone indefinitely Resolution No. 02-2021, a resolution concerning the lease back of property located at 7575 W 44th Avenue to Bank of the West, for the following reason(s) __________________________________________.”
REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Manager Steve Nguyen, Engineering Division Manager Kenneth Johnstone, Director of Community Development
Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 02-2021 2. Exhibit A – Lease Agreement
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 02
Series of 2021 TITLE: A RESOLUTION CONCERNING THE LEASE BACK OF PROPERTY LOCATED AT 7575 W 44TH AVENUE TO BANK OF THE WEST
WHEREAS, the City of Wheat Ridge (City) seeks to widen and make other improvements to Wadsworth Boulevard between 35th Avenue and 48th Avenue (Project); and,
WHEREAS, on January 14, 2019, the City Council approved Resolution No. 04-
2019, and thereby conveyed to the City Manager, or his designee, the authority to negotiate with private landowners and purchase those property rights necessary to construct and maintain the Project; and
WHEREAS, pursuant to Resolution No. 04-2019, City staff negotiated in good
faith with the owners of 7575 W 44th Avenue (Subject Property), Bank of the West (Bank), to purchase same for the Project; and WHEREAS, as a condition of the timely sale of the Subject Property to the City,
the Bank negotiated a short-term lease back of the Subject Property from the City; and
WHEREAS, the City’s post-sale lease back of the Subject Property to the Bank facilitates the continued use of the Subject Property as the site of a Bank of the West branch until April 30, 2021; and
WHEREAS, pursuant to C.R.S. § 31-15-713(c), so long as term of the lease is less than one year, through the passage of an authorizing resolution finding that it is the best interests of the City to do so, the City may lease any real estate it owns, together with any facilities thereon; and
WHEREAS, the City Council hereby finds that it is in the best interests of the City to lease 7575 W 44th Avenue, together with any facilities thereon, to the Bank, until April 30, 2021.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, that: Section 1: Lease between the City and Bank Approved.
The lease between the City and the Bank, a copy of which is attached to this Resolution
as Exhibit A, and incorporated herein by reference, is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same.
ATTACHMENT 1
Section 2: Effective Date. This Resolution shall become effective upon adoption.
DONE AND RESOLVED this 11th day of January 2021
Bud Starker, Mayor
ATTEST: Steve Kirkpatrick, City Clerk
Exhibit A
Lease between the City and Bank of the West [attached]
ATTACHMENT 2