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HomeMy WebLinkAboutStudy Session Agenda 05-06-13STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO May 6, 2013 6:30p.m. lndivtduals wtth disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Admmistrafive SeNices Director at 303-235-2826 at least one week in advance of a meeting if you are interested in partictpating and need inclusion assistance. PUBLIC COMMENT ON AGENDA ITEMS APPROVAL OF AGENDA .L Animal Welfare and Control Commission 2. Coyote Management Plan ~ Senior Resource Center-Building Renovation and Senior Circulator Bus Service Update 4. Proposed Zoning Code Changes ~ Staff Report(s) 6. Elected Officials' Report(s) ADJORN TO EXECUTIVE SESSION SPECIAL MEETING AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO Mav 6, 2013 Immediately following the conclusion of the Study Session Meeting Individuals wtth disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Administrative Services Director at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion asststance EXECUTIVE SESSION .L Executive Session for a conference with the City Attorney, City Manager and appropriate staff, under Charter Section 5.7(b)(1) and Section 24-6- 402(4)(b) and (e) , C.R.S., to receive legal advice on specific legal questions concerning redevelopment of property located at the southwest corner of 381h and Wadsworth Boulevard. Council Options: 1. Do nothing 2. Dissolve the A WCC 3. Direct staff and the AWCC to look at what other cities do with their A WCC and possibly incorporate those changes into our code for a win-win situation. Direct staff to supply additional training to the A WCC members ATTACHMENTS: 1. City Code Section 2-56; Animal Welfare and Control Commission \\IIJ.\1 lilfH;t•: l 'ln l'llill·. adrmni~trat1un ul tllt' pro\ls1un ... nf thr:-art1d1·, l11 protPcl tlw puul i ~: lnll•rp;;t, and to pn•,.l'f\l' tht· nghb .tnd rl•:-pon,.;ihrltlll'" 11f in ·olvt·d partil'" t b 1 F.:~H tr board or ronltnls,.;ron s hall an nunllv t lt·l'l •• ch;JII'IJI'r·,.;on fhc th;ur .~hall b1• till •t mlatmg ha~t ·.It ,.;hall bP tlw r••stmn.;rhility oftht• r h:u qwr .... un I o prt•srdr at .til mt•t•t tn,!'> of' t Itt• J'('.JK'Cll\'l• loo,lrtl orc,mmi ·.11m :\n allt•rnatt·dlLitr- P' r.·on m.1y lw 1 let'lt•d to .-.. 1'1'\t to a,.;,.1:ot tlw ·h.u qwn.,un and to st•rvt• in t lw a b -, llt:l uf lh•· rh:t 1 rj)t·r~nn te l All honrcl' and ('Ol111111S:-.Ion" ma.\ utll11• tit~· facll1tu•:-; for tht•rr nwetm)!:oo. ht'arings. and otlwr dt·l ibt•t';ltions. subwt·t ln tilt' apprm a l t•f tlw 11flil'l• ol Llw drrt·rtur ol ad nuni:-:trati r• ..;t•n in>·. ul I II boards and l'ltmmt,.;sinns sh.rll lw pru 'irled wuh suffiewnl funds !Jy Hw cit,\-Lo htn ;t f!'I'Ofdtn)! SNTl't:tr~. if Ot•t•ded. \dlO wtlf S('r\'C ill tlw ph•a!'>un· of the dcpartmt·nt ht•ad ·rs,Hgm•d to t ht•l.toard to n:cord mrnutt's of nwt•t 1ngl'. ao;scrnbk• dm·unwnl s. dupltc:nt1· n·p~~rts. and p1•rfi:.rm sudt olh<·r dt'rrt·al duiii'S as tlw hnarrls ;1nd comml~· "'ons shall f'rnm timf' to timt• a.·sign. Sudl d<•rit·~l l'lllplo.vl·t· shall Sl'f\'l' undt•r tlw imnwdaal.l.· super- \ i. ·ron of tiH· ht·ad nf 1 hi' dt•partnwnt a:-:-tg'Tll'd to wnrk \ ith the buard ur t•ommi~sion . '"' Excl'pl n. olht•rwJst• statt-d an th1s arlldl', all hoard:-and rolllllllJooslnnl' slwll liH·nwlah· rult•s nnd rl·~ulat10n: s!'tlin~ forth lht·ir dutu· .. gllldt•· llnt•l'! and .sUlndards of prtll't•durP Tlu.•st• dut ws ~uitkliiH'. and standards or pron•dun· ,..J,al l bl' appruvt•d hy tlw ~·ity t·uuncal and. onn· approvt·d hy tlw t'll.\' mur1cil, shallltt•mmt• binri 1n1~ on l'flch hoard or t:onuni:oosrora u:.-o tht• offit-1 al rulc•s and rc·gularwns ,,f tlwt bonrd 11r n •n1m1sswn 11'1 Each bnard and nunrni,;srun 1•. lahlisllt'd tn 1111. artidt• shall mt-t•t n•gularly a~ m·<"<·s~>ilf) In rw covt •n t . ·hall illlY hoard or corn nussiun m1 ·t•t 1<·:...~ tlwn ont·t• (•at"h r:llendar quurll'r nf •·adt .H·ar. tCnclt· 1977. s l ltll Sf'c. 2-55. Cultural c·ommission. 1 n 1 Mcmhcndup. M cmlwrs uf lht nlltural com mrssaon ~>hnll b" apputnll·d and sl:'rvt· in accor· dam:<• \\ tlh scctum 2-!i:J, t'XC't~pt thul tlw cultural com nus, ion :-half C!lOo\ISI uf ntm• WI ITH rrtbers: l Wll Supp Nu -19 164 2t mt·ntht·r. sh·dl ht· appt~illt.l'd lw111 t•otdlt'llllllt'tl cll.'>lrtcl. .111d on• r It lllt'ttllwr ~h;tll ht· .tppmntl'd b\ tl1l l'll.} lll:l!l.II'PI, to !'.l'f \"1' <II f.JI't:t• till /)ut~e·s The dutlt·~ nl Ll11 n altural l'tHtHnis "Hill :oolwll hr • 1 I 1 To nlltpt•ratt• \\ ith rrl.\ ,.;t.riiHI l ht· promo !torr ;tnd .tdmmr,.lralltllt of publtc pro- gr:lm" .rnrl pulirir·:-l'Wll t'rntng ··ul lltn· and th1· .trh t:!l To prnrnntt· ;lrlfstic t·ndt•n\or:-\qlhrn tlw {'tt Y In t'IK(lllt:lg'ing 'lflf'H't'l.tlr•Hl nl llll t uri' :111tl tlw arts, pro\ Hllng an arts n· soun·•· :md ,, fill·trm for l'OIIllllllllteal ion, clt·\'t lopmg .md rt't·omrm·mlrnt:: rullur:d pm 1{1':1111'-tu th .. dt\ ro11nnl and promut HI!! 1111' 1{1'<1\ th of art~ nrJ,:':tnt:t.illton~ 1n the· l'tly ;JilcJ a:<~>isltllj.! :'lll'lt Ol"l,!<tniZ<\IIOii" Ill n•adau1g grv:~tt·r .rudu·t~n•:-;. t:! 1 Tu makt· rn·om nu:ndat wn~ on rs~ll l':-con l't•rnrng ul tLm and tlw art~ to tlw dty l'ouncil; d 1 To prunwtc ,uld tkvl'lop pu~itf\·c· n·laLiun :-o lups '>l.lt h nlht•r pt·r,uns and l·lllllt1•s rn - lt·n·stt•d tn pronwtwn of l ultun· .11111 tlu art,.;. 111duding fur prulil and non pr·olit an. nrganrzal ion:-. otlwr pub! it· ilt£t•nci(.', and communi!) mt•ml11 •rs. 1 =~I To ,.l•..:k l'lliZl n ttl put and :.Jth 1n• 111 t lw managt•nwnt of publal art: ;HHl 161 To ·ts:-;ist tlw tit\ in lht· :<ul.trntssiun uf grant propo:--als and fund ra a~tll)! at·uvr til'"· :ts cilrt•clt·d h.'' tht t:ll)' rnanagt•r j()rci J.II l~fl:i."-~.9-40~t Edth)r·,. nott--IIHI :'\u l<~lill, ~ I .uloptt·d "" .\u.: 1.!. :.!1111:.! rqt~•.•l•-.1 ~ .!. r,r, 1n u .. " o•llllrl'\~ Furm• r ~ .! ·,:; pt•lt.llll• d lu lht~ ,,..-....,nnt•l nHntraa..~trtn ·•n•t li••n\e·cl trcnn 1~77 l'odt, ~:.! 1!1, Onl , ·., l!l!W l':.!fl, ·~ l. 'I 1:.! !Ill ;uu! I lrol f',, H~k lilt ~'I 1 ~1 19~ llnl '\'n l:th:l ,.,!,,ul"plt•d~>nS•·pl 1 .!110:!. ""'llilf'l<·<l ~.!. [,,; Wllh pml·t.<llllh lot' ·• < ullur.tl •"'1111111• "'JI)fl 1al Th<' anamitl wdiC$r,. and cuntn•l l'ttlllllliS 1011 :-hall advil't' ttw poiH·t· rhwl. ma\or <it.\ lll<lll;tgt rand ('llY t•uun ·tJ ,m m;tlt(·r,; \\llhlll tlw Attachment 1 ,\I 11\1 II\' 1:-'TH.\TI! l"i sco1w of lhi:-; i-ll'<'lion nnd ch:~pter 4 of thi~ Cod<·. and on nHtltcrs l'nrwr-ming th£> control and di<:pn ~iticm nf :wirnal:< that ma.v ansP 111 tlw City. tul Tlw l'ity council will :.tf.Jpt•lnl L\\o 1~1 c·:-. otllt-1o nwmbl:'r~ who an• liren,.wd vt•tc>rinarrans th:1t ma1ntnm a practin· within tlw c1ly. but 1wNJ not I)(' rt'. irlt:nl~< of the city. in ordl"r tu provrdt• proff>:.:sronnl ur l<•chnical adviCc· to the• conunis- sion. lei ThL· nnunnl Wl·ll'an· :1nd control rumm1sswn shall n·c<•iv<' Hn<J n·view cnmpla1nts madt• l'rtnn•nl- wg tlw admin1st ration and effect ofth1s nnd ot hPr orti111ancl's n•lntin!! lu nnimals and "hall mnk1· recomm<>ndntruns lo th<' l'it.v counl'il. mayor, cety manager or pnlacl' l'h ief on the a ppropnnlt• <H't 1un to b1· tak n on complaints. tdl Ttw animal wPifan· and l·nnlrol curllml,:- sion shall maintain liaison with lhl' count. health officPr nnd shall r<'pnrt all mnllt·rs that may e'IHiHnge·r th•· p11hli1' lwillth to such rount hPallh ofti n•r If' 1 Tlw ;llllll1:11 wt'lfar~: <~nd ronlrolcomm1~sion slutll approve or n•JPt'l all application:-. m:-rdl· lor iso:uanrcol a kenncll1ct•nse pursuant todtnptt>r ·I of thi. Cod('. Th•• comm1ssion shalt mnke sul'h dt'lerm1natinn for r1ppro\'al or n•.wctwn 1111 tlw li>llowtng .-;tandurds: 1 I ) The rwed oftht• Hpplicant for a numb(•r of animal:. in cxces!oi of limits st•l forth 111 chapter 4 of this Cod•• shall lu· bnlnncl'd al{::tinst the need of the community to mamtain iL..;elfin 11 healthful mannl'e-, fn•t• from unnN·•~-sary noise or other dislur- banc!'. 12) Tht• wclt~m: ofthl' nn1mal ~hall b<• consid- ered. but the w<•lfar • of an_ animal shalt bL• mfcrior lo th•· welfare of any peri-inn If) The commission shall make no dctt.-rrnina- tion regarding an nppllcation for a kennl!lliN.•nst• until n public hen ring has ht>f'n held regarding tlw is. uancc nf such liccmw .. uch h nnng shall bt• held 111 ac<·ordnnt·t· w1th thl' following procedun•;.. tl) Noticv uf public lwnring on fin aprlicnt.ifm for n kt>nnt•l lit•t·nse shall bt• pu:t••d on tht• Supp r\<J 1!1 Jf)fi propt•rty wlwn• IIH' kennc·l is tn tw 11111111 lainl'd lor not IPss thnn ten 1 101 days prior ln snid publrr h••anng. 121 J'\ot•n· of public hl'aring-::h:1l l ht· pub li:-;ht·d in a n•·'~ SJl<lfWr of gt•nNal c•n·ula lion in th1· crt. not lt·ss lhnn It'll 11()1 dn.vs pnor lu ·:.ud lwnnng. <:~1 At lh<.· publrc llt'aring. teslinwn shall he· fl'l't'l\'t•d from nil parties who de·sin· to gl\'l'lt·stimony regarding lht•lllPrits oflhc· issw111c.:e· ol thl• kt•nrh•l license 1\ n•cord of 11'st•mnny nfl~·n·d :11 the puhlic !waring shall b(· ma1nt;11nt•d by the ammal contnd l:OintniSSH)I) <4 ) l the public lwarin~. the• npplicnnt for t lw hrt•nsl· shall Ol' perrn1tt<.·cf w nppt•:•r rn person or with the assistance of <.·ounst>l and ,..:hall lw t•nlltlt'd l11 prpscnl C'VJUt'nrl· 111 hi!-t own bl'h:1lf :rnd cro..;s-l·X;lmllw Wll· nl's.~e·s "l~ain,;t him Th•• appl1rant filr a kennl'lllcPn:-:P shalt rPc•'IV(• writll'n not in· of publlt' lwilring. nnt less than l!•n t iO l duy~ pnor to 1 hl' twa nng <!'11 Tlw ilnimal wclfan· :.tnrl control comnns- sion shilll makP finding~ of fnct n-g:tr~f1ng tlw tssuunn• of a kt>nnel hct·n~ •. based upon tht• lt•st1n111ny and evidt>nn• pre- s •nled Al tht· public hearing. Thl· dt·l·isiun ul'llw anirnal Wl'lfan• nnd control cumml~­ !<1011 wh ·thl•r tn grant ur r ·jc:rt an appli cation or k(•nn<•l liC('IllH: shall be hni'Pd upon thost• finding~ nf fact mndt• by t lw cum m IS • .,IIJn. 16 1 Thl' dPcJswn of thl· an1mal wl'lf~lrc nncl control cummi~s1on muy be appcall·d to 1he •·ity counnl upon thl• wntlt'n n 'quc·st ofthf' applicant withrn ten llO) day~ of the: d~:cision by filrng such apr<•al with tht· city dt•rk fur im·lusilln and plan·ment on Uw agl'nrla ol' thl' city council. lgl Rrrwwal oftlw kt•nnd lict•nse shall b(• upon npplication. Rt•cunsidc·ratlnn of renewal dc:n in I shall !)(> mndt· only ancr a public hcnring i::o h ·ld pursuant lu sul>sl'dion 1 n almvl'. !h 1 It shall ht· lhC' duty of the animal wdfan· and cuntml rommis. 1on to gront cxc<>ptions In the• prohibition a~~ainst uwrung. possl'ssing, h,lrl.JOr- \\'IIEXr Hllli:E t'JTY t'tlllr Ill~. SPihn}!, •11· tratlit•ktng in \\ ild anrmab ns pmvull-d 111 !<t•d ton 4-14 of Un:. < 'odl' Tlw ana mal wdlltn• and control c.·omnH~stnn shall~.:ranl t'Xl'CP· tllms In !Ill' l't'siridinns of ,.;c•c•tinn 4·14 on till' !ulltt\\ 1111! .•amula rd:- 1 II Tlw nt·t·d uf thP applicant to kt•t•p an animal prohtbttt-d b~ "'''tlmn -1 1-4 ul ttw ( '()(Jt• shall be balanc.·t·d a~:•an,.l tlw n•·t•d of lho· community to mmntam ttst·ll Ill a !walt h ful manrwr, fn·•· from unnPt'I'S:o:ary OtliSl' or nth~r disturhatH't' 121 Tlwwl'lfan oftlwnnunul:.hall ht•mnsul· l'rt•d, but lht• Wt•lfitn• ''' any aninwl shall Ill' lllfl•ntlr to the.• Wt•lfart• of all_\' Jll'rsun. it' Exn•ptiuns to tlw rt•slnt·tinn,; :-l'l fnrlh tn :->t·t·t lllll ·l 14 l)f this Cudt• sh.tll h•· rn:ult• only altt·r a puhhc· !waring tl' hl-'1<1. pur uant tu tlw prriC.·t• durt•s sPl furth in HllhSl'Cltllll I fJ ahll\'1'. l('ocle 1~77, * 2-20; Ort.l :".io Hl!JI-I lliH. * I. !', lH ~JH, Ord No W98 ll:Jf}, * 2. II !I ~IH, Ord \in I niH· I J.t..J. * 10. l:l 1·1-~IHI C'ros" n•ft•N'nc:'t.~.'\nun.tl~ .md f•m I l'h I S.•c. 2-57. Parks and rt>cn•ntion eommission. ta' Tlw p:wk:-: and rt·cn·ntmn t.'lltllOli"~ion ... h.tll adnst· tlw ma~nr. t.'ity cmtnt:il. anrl r.:tt\ rn.tn:t~1·r on :ttl mallt.•r:-. within tlw !"t'ttflt' uf dtaJill'r 17 of' lhit; <.'odt• 1 h 1 Tlw du I u•s of tlw pn rk~ and rt'l'l'l':l t ion l'IIOl Ill ISS lOll sha lJ Ill': 1 I 1 To n·r..rularly t.·nn:.uh with tlw rhn•t'tor of park,.. and n•cn•atwn: 1 :l• Tu n·vicw ull cxi:-.ltllJ.: and pntpt~st·d lt·: . .ris- lat um rdating-to parks and n·creation matlt•rs: I!{ 1 'JiJ makt~ rt•commc·ndatwn~ on parks and rl'l'rl'itlton mAUcrs tu tht· l'IL) coun<:il, 1·1 l To ad as liai~n bchwt•n t lw dt•Jmrt menl of parks and ret· real ion :111d tlw t.·nmmu- nit.\ at I:Jrgt•: 1 !l 1 To pwmutt• and dl·vt.'lop pns1lt\'l' rdation- slup~ w1th communtly ~roups, ntlwr puh- lil· llj!cncics nnd Lhe gl'nt·rul public: Sttf•l• 'llu 1!1 )()6 (()J To t'lll'll\lt'aJ,!t' tht• \\ Hlt· ... t po:--sihlt• t.'lllzt•n undc·rslancltng or parks aud rt•('fl'iltillll IH'll \'It U '!". 171 T" o;<·••k r.:itizen :td\'ln· and support li1r tlw propt•r manngt·nwnt amlt•Jll·l'al trill of p.ark:-. and n·t·reatwn lal·tlttws ll'l Tlw park,.. and n·t·rt•:tt Jon t·onanu:-~inn :-hall havt· tlw autlwritv to prmnuiJ!ah· rult>:-anrl rt~h'lJ­ Iatll>riS litr tlw prupt·r managt•nwtll. ttpt·ratmn. .uld rnntrol of lht.· parks. parkways tml nltwr l't•t:n•alJtHHd laciltlws \\ 1thin tlw rit.y Tlwst· ruh•s and rt'J!IIIat 1111\~ and :1 mr·ndnwnts I o suC'h ruk,.; and r•·gulutions shall hl' atlnptt•d by a maJont~ \'Uit• nf till' tmnnll~Sifln. Tlw rult•s uruf rt'J{Ill:tttnns ancl :un•·ntlmt·nb tu ,..urh rult·s anti ll'h'Uiatiun:. :-huJIIw l'flt•t:IJ\t' ur>'tn ;tpprm·aJJJy ;1 lll;IJUrily \'Ill<• ul tlw t•it,\' n•UOl'JI Sudt rult•.., and rt·gulations :-halllw pr .. mul~all-d .t<:tordtng 1o stantlartl,.; puh- lt:-twd and ~uhmitlPtl IJv tlw ,-.,mmt,.:-IIHJ nnrl apprm•·rl b~ tlw •tly rounnl !('mh• l~J~l7, ~ ~ :ll, Onl No lH!IX 11-t.l, ~ 11, I:! It HHt ('rm.q n•ff•rf'ncf'--l'.trl;, .1nd .... r•·-•1 '"" • 'h 17 1-:dito,r'.., """,__f Jn! :-<n 1.1:! l. ~ I .. tropl•~l \1 " 1'1 :!0111, r••J.N·~•h t ~:! [,,.., •n 1\,;i t"tltlrt·l) Ftttllu r ~.! ·,foo\ J..H rl HIH"tt tu th•• .uhuru!l IMMnl :on•l •h·rl\•·.t from I 'IMio 1~177 ~ 4! <!:.! .uul tIn! "'" 1:•~~~-•••• ~ 12 '"'"•·h·•l n. ,. 1 t t!•·•k Sf'c. 2·iJ9. Building codt• udvisot•y hoard. Ia 1 Tlwr·•· ts hL·rc·IJ~ 1':-lahltshc•d a building l'OdL• <Hivtsory hoard rn nrdPr to rh·h·rmtnt• tlu• ..;utl;lhtl ll\i ofalh•rnaJt•matt-riab and mt'llt"d" ul't·mh\rut:- tum aiiCI to prm uk for n·a~onahlt • tnlt•r]trt·t:ll ion 111' tlw pm\ t:-Jons of tht.· "lntl·rnaluuwl Build in~: C'odt•," n~ ;Hinptt•d b~ :>t•t'tlun ;l i() of lhb f 'mit·. I hI Tlw build in~ codt• adnsul) hoard :-:hall haw tlu· aullwnt y and ubiJgntion tit prnpost•. rc·vi:-:c·. and .lllftll;tlly n•vw\\ pru,·i,.inn:-li11· t•rwrg~· const•r- vat 11111 in huihhng:-; fiJr Jlw •·it,v. and slwll havt• sul'h utlwr duttt•s us set lilrth in thts dt.tph·r. !t'l Tlw Luanl :-;hall t.:unstsl ulli\'t t!ll nwmh•·r:'. rHH• 111 apputnlt·tf from c·adt nlllw luur !·II nntnl'il dt~lrads. and om· t ll at·largt• nwmlx•r, all of whom o,;hall tw qualifit•d by t•Xpt>nl'nt:l· amllramL'tl tu pa:-~ Uf~m matler.s pt•rt;.umng tc1 hulldmg con- !'tructicm. TIH' bnard :shnll ha\'t' n•prt':-t·ntattv<·~ Staff Report -Coyote Management Plan May 6, 2013 Page2 area. They remain in cities and urban areas due to the abundance of food, water and sheltering resources. Coyotes are able to reproduce and rear their young successfully within cities and urban areas. Since many coyote sightings and encounters are in close proximity to neighborhood dwellings and open spaces, the need to develop a plan that provides guidelines for staff and the public in addressing human-coyote conflicts has increased. The City of Wheat Ridge Coyote Management Plan models other established and successful plans that are currently being utilized by agencies in addressing human-coyote conflicts. The plan includes guidelines on responding to human-coyote conflicts and pet and livestock attacks. The plan provides the state statutes and City ordinances that pertain to the protection of wildlife. The Coyote Management Plan was presented to and approved by the A WCC. It was endorsed by CPW to be used as a model plan for other jurisdictions. HISTORY: The Community Services Team had a recent opportunity to utilize the Coyote Management Plan on a reported coyote incident. A coyote incident, as defined in this plan, is when a coyote exhibits behaviors that create an unsafe situation for humans. The coyote incident occurred in the early morning hours when a resident heard a commotion in her backyard. She stepped outside to see a coyote stealing a chicken from her chicken coop. The resident chased after the coyote, yelling loudly; the coyote dropped the chicken, and chased after the resident and growled. The resident contacted the Police Department the following day. Once the incident was reported to the Police Department, CSO's responded to the residence and interviewed the resident. In the interview, the resident described what is defined in the Coyote Management Plan as an incident. The Coyote Management Plan was utilized; and within three days, the animal was trapped, euthanized and transported to Colorado State University for testing. The City received information from CPW that the coyote was an adult female with a broken leg, and had tested positive for mange, and negative for rabies. The opportunity for the coyote to hunt was limited due to her broken leg, thus the chickens were easy prey. FINANCIAL IMPACT: Besides the time spent by the CSOs in contacting partnering agencies and reporting coyote conflicts, there is no additional cost to the City for implementing the Coyote Management Plan. The City has partnered with CPW and the Jefferson County Public Health Department (JCPH) and most services from these agencies are provided at little or no cost to the City. CPW provides brochures, mailings, signage and on-site educational programs at no cost to agencies. JCPH provides many no-cost or low-cost testing of domestic or wildlife animals. JCPH also provides periodic updates on the many zoonotic diseases that may affect the human population, as well as domestic and livestock animals; and these are provided at no cost to the agency or to the public. Contributions The City of Wheat Ridge Coyote Management Plan is a product of a collaborative effort by the Wheat Ridge Police Department Community Services Team, Wheat Ridge Parks and Recreation Department staff, the A WCC and CPW. The teams listed have contributed to the efforts in providing a plan that provides specific guidelines in responding to human-coyote conflicts. Staff Report -Coyote Management Plan May 6, 2013 Page2 RECOMMENDATIONS: Staff has researched the behaviors and habitats of coyotes, and found that once coyotes have moved into an area, they are very difficult to remove or relocate. As recent history has taught us, the coyote is here to stay. Staff has researched current plans for responding to coyote encounters in the Denver Metro Area, and consulted and shared our strategy with stakeholders during the development of this plan. Staff recommends City Council adopt this Coyote Management Plan. The plan provides sound guidelines and resources for responses to conflicts with coyotes that assist in reducing human-coyote conflicts in an expedient manner. cc: Joyce Manwaring, Director of the Parks and Recreation Department Margaret Paget, Forestry and Open Space Supervisor Animal Welfare and Control Commission Members ATTACHMENTS: 1. Proposed Coyote Management Plan 2. Flowchart MMJDB/ck ~ j ~ ~... .,. City of ""rR'"Wheat&_dge ~OLICE DEPARTMENT I. PURPOSE City of Wheat Ridge Coyote Management Plan The purpose of this document is to provide guidelines for responses to different types of interactions and/or conflicts with coyotes; and to resolve and reduce human-coyote conflicts within the City in a consistent and expedient manner. Public safety is the main concern of the City of Wheat Ridge, and coyotes will be managed with human safety as the priority. The City utilizes educational outreach as the primary tool in managing human-coyote conflicts, but recognizes that there are situations where immediate lethal control may be necessary. The coyote is an extremely adaptable animal, and has thrived in urban settings for many years, with the abundance of food, water and space being plentiful within the parks and open spaces. As the coyote has adapted to the urban environment, their fear of humans has diminished. It is important for our community to work together to re-in still a natural fear of humans back into the coyote population with undesirable attention. The City of Wheat Ridge, in cooperation with Colorado Parks and Wildlife, developed this Coyote Management Plan. The plan includes a variety of educational pieces and techniques and that have been proven to be successful in the management of human-coyote conflicts. II. RESPONSIBILITY The Wheat Ridge Police Department's Community Service Officers (CSO's) and City Parks and Recreation Department will be responsible for the following: 1 . CSO's will respond and document all reported activities and conflicts with coyotes within the City of Wheat Ridge in a police report and act as the repository for those reports. When appropriate, and according to the Guidelines for Response, CSO's will distribute these reports to the Chief of Police, the City Parks and Recreation Department, Jefferson County Public Health (JCPH), Colorado Parks and Wildlife (CPW-previously titled Colorado Division of Wildlife), and to other pertinent agencies for public safety and record keeping purposes. 2. The Police Department will provide press release notifications to the public regarding coyotes that may pose a threat to the safety of the public. 3. The Police Department and the Parks and Recreation Department will be responsible to provide educational information on coyote conflicts via the City website, Channel 8, CPW brochures, park kiosks, temporary signage, neighborhood mailings, and public meetings. 4. The Parks and Recreation Department staff will monitor coyote activities in the parks and open spaces and report human-coyote encounters, conflicts, and pet attacks to the CSO's via the Police Department's Communications Center. Human-coyote incidents or attacks that occur on City park's Attachment 1 Wheat Ridge Police Department Coyote Management Plan property will require immediate notification to the Police Department's Communications Center, CSO's and CPW. 5. CSO's and the Animal Control and Welfare Commission (ACWC) will consult with JCPH on all issues relating to coyote bites to humans and pet exposures which require the quarantine of animals. 6. CPW will provide guidance and education to landowners and local jurisdictions in managing nuisance coyotes. 7. Subsequent to CSO's response and determination that a coyote has exhibited behavior creating an unsafe situation for the human, CPW personnel will respond and make a lethal control decision based on the interest of public safety. Ill. DEFINITIONS OF COYOTE INTERACTIONS Terms and definitions are not subject to editing or change. These terms have been provided by CPW, and are currently being used to describe coyote behaviors and incidents throughout the State of Colorado. 1 . Observation -The act of noticing or taking note of tracks, scat or vocalizations. 2. Sighting-A visual observation of a coyote(s). 3. Encounter-An unexpected direct meeting between a human and a coyote without incident. 4. lnddent-A conflict between a human and a coyote where a coyote exhibited behavior creating an unsafe situation for the human. 5. Pet Attack-When a pet or livestock animal is attacked, injured or killed by a coyote. Pet animals are considered to be a domesticated or tame animal, such as a dog or cat. Livestock animals are considered to be animals that are generally regarded as farm or ranch animals, such as horses, cows, pigs, poultry and many other various types of farm related animals. 6. Attack -An attack is when a human is bodily injured or killed by a coyote. IV. GUIDELINES FOR RESPONSE TO INTERACTIONS 1 . CSO's will respond to all types of coyote interactions, and document the interaction in a police report. In the event of an Attack, a Police Officer will also respond. 2. When responding to an Observation, Sighting, and Encounter, CSO's will provide the reporting party with educational information on coyotes and refer them to the City website for further information on coyote behaviors and deterrents. In the event of an Incident, CPW will provide instruction on low intensity hazing of coyotes. 3. In all types of interactions, CSO's will assess the situation, and if appropriate, mail educational postcards on "Coyote Conflicts" to the neighborhood or area where the interaction occurred. Page 2 Wheat Ridge Police Department Coyote Management Plan 4. When responding to an Incident, Pet Attack, or Attack, CSO's will immediately notify CPW and request response to the area to determine if immediate lethal control measures are appropriate. 5. When documenting an Incident, Pet Attack or Attack, CSO's will distribute the report to the Chief of Police and CPW. CSO's will also distribute this report to the Parks and Recreation Department if the event occurred in the parks or open space. If the interaction occurred in or adjacent to City parks or open space, the Parks and Recreation Department will post temporary educational signage in the area. 6. The Police Department will provide press release notifications to the public regarding an Incident, Pet Attack, or Attack, as the coyote may pose a further threat to the safety of the public, pets or livestock. 7. In the event of an Incident or Pet Attack, a low intensity hazing program will be initiated. Police staff will be notified of the location, times and dates the hazing will occur. CPW will provide on-site public education programs in the area on hazing and the habits and behaviors of the coyote. In the case of an Attack, a high intensity hazing will be initiated. CSOs will continue to monitor the area, provide directed patrols, and update any previous press release notifications to the public. 8. In the event of a Pet Attack or Attack, JCPH and the ACWC will be notified and consulted on the quarantine or exposure of pets or livestock animals. V. DEFINITIONS OF COYOTE BEHAVIOR 1 . Nuisance Coyote A coyote may be defined as a nuisance using the following guidelines: A. Habituated - A coyote that appears to frequently associate with humans or human related food sources, and exhibits little wariness of the presence of people. B. Depredating-A coyote that is preying on pets or livestock. C. Menacing - A coyote that exhibits aggravated territorial or predatory behavior towards people, but that does not qualify it as a Dangerous coyote. This may include coyote incidents and/or encounters that were serious in nature or a coyote or group of coyotes that could potentially endanger human safety. 2. Dangerous Coyote A coyote may be defined as dangerous using the following guidelines: A. A coyote that has attacked or is attacking a person. B. A coyote that exhibits aggressive behavior towards a human(s) and/or poses a significant threat to human safety. C. CSO's will consult with CPW if they believe that a coyote may be dangerous based on a totality of behaviors and/or locations. Page 3 Wheat Ridge Police Department Coyote Management Plan VI. DEFINITIONS OF RESPONSES 1. Hazing -An activity, or series of activities used in an attempt to change coyote behaviors or deter habituated coyotes, or to establish or maintain a healthy awareness on humans in local coyote populations. Hazing is used in a manner to make the coyote leave the situation. Hazing must continue until the animal leaves the area or situation; continued hazing reinforces the image that people are a threat. 2. Low Intensity Hazing -Low intensity hazing can be performed by everyone at the community level by: A. Yelling and clapping B. Banging pots and pans together C. Throwing rocks or sticks D. Spraying with garden hoses, water guns and sprinklers E. Utilizing noise making devices, (air horns, whistles, cans filled with beans or pennies, etc.) Contact the Parks and Recreation Department for information on available hazing supplies. F. Using motion sensor sprinkler systems G. Utilizing deterrtnt sprays 3. High Intensity Hazing-High intensity hazinQ should only be performed by trained individuals. High intensity hazing can be conducted in areas with reported human encounters or incidents, where coyotes are approaching residents or there are routine pet attacks, or based on the totality of circumstances and may include immediate lethal control. High intensity hazing may include one or more of the following examples, and may include the use of lethal force: A. Projectile launching devices such as paintball guns, bean bag rounds, slingshots and pepper ball guns directed at the animal. B. Lethal force shall only be used in cases where reported human encounters and pet attacks are continuing to occur, and all attempts to haze the coyote have failed. In the event it is determined there is an immediate threat to the safety of the public, CPW will be notified and respond to the location. CPW utilizes the resources and services of the of the United States Department of Agriculture, (USDA), Animal and Plant Health Inspection Service, (APHIS) and JCPH to determine if the encounter meets the requirements for lethal force. VI. GUIDELINES FOR RESPONSE TO NUISANCE AND DANGEROUS COYOTES 1. CSO's will respond to the encounter location and document the encounter in a police report. In the event of a Dangerous coyote encounter, a Police Officer will also respond, and CPW notified to respond, and the Police report will be distributed to the Chief of Police, CPW, and the Parks and Recreation Department (if the incident is located in park or open space area). If the Page 4 Wheat Ridge Police Department Coyote Management Plan encounter occurred in or adjacent to City parks or open space, the Parks and Recreation Department will post temporary educational signage in the area. 2. The Police Department will provide press release notifications to the public regarding the encounter. 3. CSO's will provide educational materials to the reporting party and refer the party to the City website/animal controi/CPW link for further information on conflicts with wildlife. 4. In the event of a Nuisance coyote encounter, CSOs will consult with CPW on initiating a hazing program and providing on-site public education. In the event of a Dangerous coyote encounter, a high intensity hazing program will be initiated. Police staff will be notified of the location, times and dates the hazing will occur. CPW will provide on-site public education programs in the area on hazing and the habits and behaviors of the coyote. 5. CSOs will continue to monitor the area, provide directed patrols, and update any previous press release notifications to the public. 6. CSO's will follow up by mailing educational postcards on "Coyote Conflicts" to the neighborhood or area where the encounter occurred. 7. If the encounter is with a Dangerous coyote, CSO's will consult with CPW to determine if lethal control is appropriate. VII. AUTHORITY 1. Colorado Revised Statutes, Title 33, Wildlife and Parks and Outdoor Recreation C.R.S. 33-1-106 gives the Wildlife Commission the authority to regulate the circumstances under which wildlife may be taken, and to determine the disposition of usable portions of wildlife. A. 33-1-1 05(1 )(h) gives the Wildlife Commission the authority to provide for destruction of any wildlife that poses a threat to public health, safety, or welfare. B. 33-6-107(9) permits any person, any member of such person's family, or any employee of the person to hunt, trap, or take coyotes on land owned or leased by the person without securing licenses to do so, but only when such wildlife is causing damage to crops, real or personal property, or livestock. C. Wildlife Commission Regulation 303 (A) prohibits the relocation of coyotes without a permit. Studies have shown that relocation is not an effective solution to coyote conflicts. Colorado Parks and Wildlife (CPW) generally will not authorize the relocation of coyotes. D. 33-6-205 gives federal, state, county or municipal departments of health the ability to grant an exemption to Amendment 14 to take (by use of leg hold traps, snares, instant kill body-gripping design traps or poisons) wildlife for the purpose of protecting human health and safety. Page 5 Wheat Ridge Police Department Coyote Management Plan E. 33-6-207 gives CPW and the Department of Agriculture the authority to adopt and enforce reasonable rules governing trapping, snaring and poisoning for landowners' protection of crops and livestock. (This is an exemption under Amendment 14 ). 2. City of Wheat Ridge Municipal Code Sec. 16-64. -Protection of Wildlife. (a) Shooting, capturing, etc., prohibited. Except as otherwise provided in this section, it is unlawful to willfully shoot, capture, harass, injure or destroy any wild bird or animal or to attempt to shoot, capture, harass, injure or destroy any such wild bird or animal anywhere within this city. (b) Disturbing, etc., nests, burrows, etc., prohibited. No person shall willfully destroy, rob or disturb the nest, nesting place, burrow, eggs or young of any wild bird or animal anywhere within this city. (c) Terms defined. In this section: (1) Wild bird includes all undomesticated birds native to North America and undomesticated game birds implanted in North America by governmental agencies and any domestic duck or goose released by any private person or recreational authority upon any recreational area within this city. (2 ) Wild animal includes any animal native to the state, but does not include rattlesnakes, fish, Norway rats or common house mice. (3) Humane trap includes any trap which does not cause physical injury, pain or suffering of a trapped animal. Steel-jaw leg hold traps and snares are specifically excluded from this definition, but the city shall not be precluded from determining that any other type of trap is also excluded from this definition. ( 4) Causing damage on land, as provided herein, shall mean physical injury to buildings or improvements or destruction or injury of domestic animals or pets lawfully kept thereon. (d) Application to city and state employees. The provisions of this section shall apply to the personnel of any police, fire or animal control agency or to the state division of wildlife or department of health or other state or federal agency, and all City of Wheat Ridge employees when such persons are acting within the scope of their official duties as employees of such agencies. (e) State-protected birds and animals. The provisions of this section are not intended to allow the destruction of any bird or animal protected by state or federal law. (f) When trapping permitted. If any wild bird or animal is causing damage on lands within the city, owned or leased by any person, such person or any member of his family, or his agent, may trap such wild bird or animal , subject to the provisions of this section. Page 6 Wheat Ridge Police Department Coyote Management Plan (g) Provisions for trapping. Trapping of animals shall follow the provisions set out below: (1) When deemed necessary by police officers or the community service officer for the health, safety and welfare of the residents of the city, such officers and/or their agents may place a humane trap on city property or other property within the city when the property owner requests such humane trap for the purpose of capturing any wild or pet animal creating a nuisance in the city. Provided, however, that no trap of any kind shall be set upon any property without notification to and/or permission from the owner of such property. (2) Any person who traps an animal pursuant to the provisions of this section shall immediately notify the police department of such trapping. The police department shall have the exclusive right and authority to determine the disposition of any such trapped animal. (3) Community service officers are authorized to use any tranquilizer guns, firearms, humane traps or other suitable devices to subdue or destroy any animal that is deemed by the community service officer, in his discretion, to be a danger to itself or to the public health and safety. ( 4) It shall be unlawful for any person to set or cause to be set within the city any steel-jaw leg-hold trap, snare or any trap other than a humane trap, for the purpose of capturing any animal, whether wild or domestic. (h) It is unlawful to feed fox and coyote. (Code 1977, § 14-41; Ord. No. 1993·923, §§ 1, 2, 4-12·93; Ord. No. 1994-961, §§ 1-4, 4-25-94; Ord. No. 1329, § 2, 7·26-04; Ord. No. 1373, § 1, 10-10-06) State law reference-Wildlife, parks and outdoor recreation, C.R.S. § 33·1·101 et seq.; cruelty to animals, C.R.S. § 18·9·202. 3. Wheat Ridge Police Policy and Procedure Manual 13.05 Police Officer Response I Notifications Regarding Dangerous Wildlife 13.05.06 Threat Maintenance A. The removal or euthanization of an animal will occur after consultation with the Patrol Watch Commander, Community Services Team Supervisor and Division of Wildlife officials. B. Whenever possible, animals will be removed per Division of Wildlife policy, alive from populated areas if safe and reasonable to do so. C. When euthanization is to occur on scene, the most appropriate and humane means will be deployed. Page 7 Wheat Ridge Police Department Coyote Management Plan VIII. Summary The intent of the wildlife management section addressed within the 2002 Wheat Ridge Open Space Management Plan was to be broad and inclusive. This Coyote Management Plan addresses the specifics of managing one species, the coyote. There are many other species of wildlife that make Wheat Ridge their home and not just in the confines of our preserved open space areas. It is recognized that wildlife issues can be complex and challenging; and living conflict-free with all species would be our ultimate goal. The human inhabitants and visitors to our community and our city's activities can help or exacerbate wildlife encounters and problems. Human inhabitants of the City need to take some responsibility to curb intentional or inadvertent behaviors that can lead to conflicts, such as unconscious and conscious feeding, careless rubbish disposal and responsible pet guardianship. VIV. Appendixes 1. Educational Outreach Tools a. Examples: brochures, mailings, newsletters, PSAs, signs, websites, education in schools, etc. (CPW can provide many of these tools for distribution.) 2. Hazing Methods a. Tools for Residents on their Property i. Examples: rocks and sticks, noisemakers, garden hoses, water guns, deterrent sprays, motion sprinklers, etc. b. City Hazing Programs i. Examples: paintball, department approved pepper spray/low and high intensity hazing 3. Lethal Methods a. Options for Residents on their Property b. City and/or Cooperating County Lethal Control Program(s) Page 8 Proposed Zoning Code Updates May 6, 2013 Page 2 Subdivision Regulations Issue: Proposed Short Term Amendments (2013) The most recent comprehensive update of the subdivision regulations (Article N of Chapter 26) took place in 2001. The City's regulations, however, are more suitable for greenfield residential subdivisions. They do not adequately address subdivision of land for commercial or infill projects, which are the majority of development types in Wheat Ridge since the City is largely built-out. Comments: • Consider enhanced design standards which can ensure logical block and lot layout, improved roadway design, pedestrian connectivity, preservation of natural features, and logical drainage designs and utility locations • Consider revising the formulas which determine parkland dedication and fee-in-lieu. • Consider opportunities for additional administrative review • Revise easement language which conflicts with zoning code build-to/setback requirements • Update public improvement requirements to ensure consistency with 2011 changes in Chapter 5 on the same topic • Update teclmical requirements, street width standards, and definitions for consistency with current standards Proposed Longer Term Amendments (2013/2014) Accessory Dwelling Units Issue: Accessory dwelling units (ADUs) are generally smaller, self-contained residential units built on the same lot as an existing single family home. Common ADUs include carriage house apartments, mother-in-Jaw suites, or units above a large detached garage. These are not permitted by the current code, but ADUs are increasingly common in other cities to encourage infill investment, to allow family members to age in place, and to increase housing affordability. Any proposed code amendment should be coordinated with the recommendations of the Housing and Aging Task Force and the Housing Diversification Strategy. Micro breweries Issue: The zoning code currently does not address microbreweries, which typically combine manufacturing, production, and retail functions. These businesses are becoming more prevalent in the region and are generally a use we would welcome to the City. It may be helpful to clearly define a microbrewery use and identify the zone districts in which the use would be permitted. Exterior Lighting Standards Issue: The zoning code (Section 26-503) states that light emitted from exterior fixtures should fall within property boundaries. It may be helpful to set measurable maximum levels (in foot-candle units) based on adjacent land uses. Quantitative standards will enable better review of photometric plans and better enforcement by the Community Services Team. Proposed Zoning Code Updates May 6, 2013 Page 3 Sign Code Issue: The sign code (Article VII of Chapter 26) has not kept up with changes in the sign industry and advancements in sign technology. In particular, regulations do not adequately differentiate between various types of changeable copy, digital, and electronic signs. Public input will be essential; any proposed code amendment should be coordinated with City Council's strategic goals related to commercial property maintenance. .,.~A<t Zoning Code Amendments Completed and Proposed December 2012 .... .,. City of ~Wlieat&_dge ~OMMUNilY DEVELOPMENT PROPOSED CODE AMENDMENTS High Priority -Complete in 2013 Amendment/Issue Subdivision Design Standards and Public Improvements (Section 26-110) Sign Code Updates Accessory Dwelling Units (ADU) and lot sizes for duplexes In the R-2 zone district Regulation of Microbrewerles Exterior Lighting Standards Comments • Subdivision design standards in a zoning code can help ensure logical block and lot layouts when new subdividing and platting occur, as well as road and pedestrian connectivity. • The current subdivision design standards provide little guidance for the City to ensure proper design when these plats occur. • Section 26-11 0 on public improvements needs to be updated to match recent changes to Chapter 5 on the same topic. • Create standards for electronic/LED signs so that they are not too bright • Consider allowing A-frame signs in the right-of-way or other code changes that correspond with the 38111 Avenue Corridor Plan • Clarify and create regulations for some temporary sign categories: human signs, tear drop banners, etc. • Remove some temporary signs, such as inflatables, from a permit requirement or create a separate planning permit. • Accessory dwelling units (ADU) are generally smaller, self-contained residential units built on the same lot as an existing single family home. A common ADU is a carriage house (unit above a large detached garage). • Some properties in older neighborhoods in Wheat Ridge already have ADUs that were constructed prior to adoption of the zoning code. • ADUs are increasingly common in cities to encourage infill reinvestment, allow for diverse family housing situations in an aging population, and to increase housing afford ability. • The current code does not allow these types of units, where they may be appropriate in some areas of the City. • The R-2 zone district requires a 12,500 SF lot size and 100 foot lot width for duplexes and many duplexes do not meet this requirement, making them legal nonconforming structures. These limits could be adjusted to make the duplexes conforming and encourage reinvestment in them. • The zoning code currently does not address microbreweries or breweries, which often are a blend of manufacturing/production and retail uses. These businesses are becoming more prevalent and it would be helpful to clearly define a microbrewery use and where it is allowed and not allowed. • Section 26-503 establishes states that exterior lighting must be designed so that Nsubstantially all of the directly emitted light falls within the property boundaries." It may be helpful to set specific maximum levels in footcandles depending on land use/adjacent uses. • Potentially consider changing the height limit of 18 feet for exterior pole light to be higher. Attachment 1 Completed and Proposed Zoning Code Amendments December 2012 PROPOSED CODE AMENDMENTS Medium Priority Amendment/Issue Tree Protection Ordinance Updates to Mixed Us Zon District, including regulations for accessory structures Membrane Accessory Structures in Residential Districts NOTE: requires Building Division involvement. Could be an admin policy. Comments • Many of the established neighborhoods in the City are bles ed with a substantial tree canopy. • There are no regulations currently that protect any and all trees from being removed from any site during redevelopment, and any required replacement of these trees. • Many communities have successfully enacted tree protection ordinances to ddress thi . • New regulations could allow removal of trees where infeasible to retain them, but new tree of certain caliper must be provided elsewhere on site. Further consultation is needed with the Parks De artment. • The mixed use zones do not have any specific design or development standard for accessory structures. • Similar to other zone districts, th mixed use zones could be amended to include setbacks, iz limit , and design standard specific to ccessory structures • Membrane structures are framed structures, typically of om type of fabric. A common use is to provide shelter for vehicles in a side or back yard. • The current code does not adequately address membran structure as an acce sory building. • The structure needs to be defined in the zoning code and regulated s a tern ora use, but not rmanent one. PROPOSED CODE AMENDMENTS Low Priority Amendment/Issue Update Code to Support Sustalnablllty Goals Vested Rights NOTE: Involves City Attorney Comments • In general, the cod was written prior to current trend that help promote ustainable communiti s. Updates and revision could ddress: o Alternative energy (e.g. geothermal, wind, and solar power) o Landscape requirements/tree protection • Some alternativ nergy u es were added to the code through th 1-E zone district zoning cod m ndment. • Vested rights are defined number of ways. Essentially, they address th rights to develop and use property under the conditions of n approved development plan, whether a zone change, subdivision, or site plan pproval. • Vested property rights often occur earlier in the entitlement process in other communities than what i set forth in the City's zoning cod . • For instance, approval of final development plan for a zone change would constitut vested right in many jurisdictions. This is not the case in the City, where an applicant could go through an approval process, including public hearings, and apply for building permit and still not obtain vested right. • The current vested property rights provisions do not provide much certainty for a property owner/developer who might incur substantial expense to go through an entitlement process, and still not have vested property right. Completed and Proposed Zoning Code Amendments December 2012 2 PROPOSED CODE AMENDMENTS Low Priority Amendment/Issue Comments Streamline Land Use • Neighborhood meetings are where an applicant notifies property owners within Case Review and a certain radius (usually 600ft) of a proposal and holds a meeting to inform Neighborhood Meetings those in attendance of the plans before submitting any application. • These meetings are mandatory for some land use applications . • Neighborhood meetings may not be needed for all applications and the timing of the meeting could be modified so that it is not a precursor to even filing an application. • To be consistent with current planning practice, consider different distance requirements for the required radius for certain meetings and minor applications. Historic Preservation • City Council passed an ordinance eliminating reference to the Wheat Ridge Review Body Historic Society this year and their review authority, as it was not a city- appointed body. • This creates a void in the zoning code for review on historic preservation matters. • New language may include standards for appointing members of this body and a clearly defined role. Extended Stay Lodging • Extended Stay lodging is currently not defined as a land use in the zoning code . • This land use exists where hoteVmotel properties are intended for long term lodging, or existing hotels/motels transition into allowing more long term accommodations. • While these properties may provide a valuable service, some have become problematic. The City has experienced crime and property maintenance issues on some of these properties. • In order to address this issue, 1) a definition needs to be written which first defines the land use, and 2) the code needs to adequately regulate this as a land use. R-3 (Residential-Three) • The current code has a restriction on the ability to consolidate lots in the R-3 Zone Changes zone district for the purposes of multi-family development. • In order to encourage high quality multi-family development at certain locations in the City, more flexibility may be needed with this regulation. • The goal is to use this tool to protect predominately single family neighborhoods while allowing flexibility for desirable projects. • Consider allowing neighborhood commercial uses on collector streets in the R-3 district so that appropriately-scaled neighborhood services can be provided in walking distance of residence Legal Protest Provisions • The City's Charter contains a provision that for any zone change, a legal protest triggers a supermajority (3/4) vote by the decision-making body as opposed to a simple majority. • A legal protest is one that is signed by 20 percent or more of the property owners in the area. • Staff will evaluate this legal protest provision to potentially make it less restrictive. • Ultimately, any changes will require a vote .I change to the City Charter . Completed and Proposed Zoning Code Amendments December 2012 3 COMPLETED CODE AMENDMENTS Amendment/Issue Comments Update to Architectural • The ASDM is five years old and needs updates, including: and Site Design Manual 1) Separate design standards for heavy commercial/light industrial uses (ASDM) 2) Updated architectural standards Effective July 16, 2012 3) Improved formatting and organization • Note: not a code amendment but requires City Council input Planned Development • The planned development (PO) regulations and rezoning would be updated for Regulations and consistency and to create a streamlined, clearer process for applicants Rezoning Criteria pursuing a PD. Effective July 27, 2012 • This change will create separate criteria for specific plans that are not a Ordinance No. 1515 rezoning. Revisions to Sight • Update how sight triangles are measured. This will include new, more user- Triangle Regulations friendly graphics. Effective Sept 14, 2012 Ordinance No. 1518 Modify Industrial (I) • Assess Industrial (I) district's allowed and special uses are still appropriate and District add contemporary uses (e.g . office/flex) that support employment uses Effective Oct 26, 2012 • Enable the option for a straight rezoning to new Industrial-Employment district Ordinance No. 1523 Public and Charter • Amend use chart and definitions to clarify that public and charter schools are Schools permitted in any zone district but must follow site plan review. Effective Oct 26, 2012 Ordinance No. 1524 Survey Requirements • The City has no formal policies on what level of survey work is required in An administrative policy conjunction with building permits and land use case processing. addressing this issue was • Staff will develop a formal policy on when surveys are required in order to adopted in January 2012 ensure compliance with applicable setbacks and height standards Modify/Clarify Building • Streamline the building permit handouts and other materials so that the Permit Process permitting process is succinct and understandable Completed Spring 2012 Revise Subdivision • Ensure consistency between Public Works submittal requirements and Technical Submittal procedures and language in zoning code for subdivision platting. R quirements Effective Oct 28, 2011 Ordinance No. 1503 Updated Streetscape • The Architectural and Streetscape Design Manual originally adopted in 2011 Design Manual contains outdated street typologies and is difficult to implement due to a lack Adopted March 28, 2011 of objective standard Ordinance No. 1481 • The new Streetscape Design Manual will remove the architectural standards and establish clear, objective standards for streetscape design in the City, with a focus on priority corridors • Adopting clearer standards will help clarify development requirements for potential development applications Urban Agriculture Uses • The current code is largely silent on activities related to urban agriculture and and Activities where they are allowed, including: Adopted May 23, 2011 0 Community gardens Ordinance No. 1491 0 Farmers markets 0 Yard sharing • Updating the zoning code to address these issues would provide clarification for staff and interested citizens. Completed and Proposed Zoning Code Amendments December 2012 4 COMPLETED CODE AMENDMENTS Amendment/Issue Comments Create Mixed Use Zone • The current code has very limited allowance for a mix of land uses on one Districts and Reduce property or within one building unless a planned development (PO) district is Reliance on Planned utilized. Developments • All zone changes to nonresidential zoning require a PO process. Each PO Adopted Sept 13, 2010 has its own set of standards that are independent of the zoning code. Ordinance No. 1471 • While there are benefits to the PO approach, Wheat Ridge has over-relied on this method -resulting in a negotiation process for each development, with no predictability or certainty in the end result. Tracking all approved PDs is a challenge for the City and the development community. • Base mixed use districts would allow desired development types, such as residential apartments over ground floor retail, that are identified in the NRS and Envision Wheat Ridge (the City's comprehensive plan). • Mixed use zone districts would provide for a predictable, consistent, and less timely option to create the forms of high-quality development desired in target areas, such as Wadsworth Blvd and the Ward Road station area. Create Transit Oriented • An overlay district can address a geographic area with unique characteristics Development (TOO) such as the future commuter rail station at 52nd and Ward Overlay District • Transit Oriented Development (TOO) is a development pattern that Adopted Sept 13, 201 0 encourages access to public transit, increases public transit ridership, and through mixed use zoning promotes mixed land uses and pedestrian-friendly environment. ordinance • TOO emphasizes pedestrian-friendly development rather than automobile Ordinance No. 1471 dependent patterns. There are some examples throughout Denver and around existing light rail lines (e.g. Englewood City Center • TOO district-specific standards may include increased allowance for density, reduced parking, and other incentives for desirable development. Accessory Structures In • No accessory structures (e.g., storage shed, garage) are allowed by right in Commercial Districts commercial districts. Adopted August 8, 2010 • A Planned Building Group process must be undertaken, with a minimum size Ordinance No. 1468 of 1 ,000 square feet for the structure. • More allowance may be needed for such structures to accommodate the needs of businesses. Zoning District • Many properties in the city have "split zoning" -meaning more than one zone Boundary Discrepancies district boundary on the property. Some zoning boundaries even run through Effective March 13, 2009 buildings. This makes development/redevelopment very difficult without a Ordinance No. 1430 rezoning on these properties. • The code was revised to allow an administrative process for adjusting zoning boundaries so that they are more consistent with pro~ lines Floodplain Administrator • Many properties in Wheat Ridge lie within floodplain boundaries, thus limiting Decision--Making the ability to make improvements to the property with any type of structure. Authority • Many of these properties have existing buildings on them . Effective March 13, 2009 • The floodplain administrator (Public Works Director) has limited authority to Ordinance No. 1431 make administrative determinations/waivers to certain standards for floodplain permits. • This makes improvements to property in floodplain areas difficult where it clearly will not have a detrimental impact on the floodplain. • The goal is to allow flexibility for mjnor improvements such as fences in the floodplain. Completed and Proposed Zoning Code Amendments December 2012 5 COMPLETED CODE AMENDMENTS Amendment/Issue Comments City-Initiated Zone • The code was revised to reduce restrictions on City-initiated rezonings Changes • City-initiated zone changes of property to nonresidential districts can be a very Effective March 27, 2009 proactive activity to create incentives for redevelopment by the private sector. Ordinance No. 1434 Planned Development • Each planned development (PD) in the City contains its own set of Amendments development standards (e.g., site characteristics). Effective March 27, 2009 • As market conditions change or new development/redevelopment is proposed Ordinance No. 1433 within planned developments, these changes may not fit within the approved PD -which requires an amendment involving public hearings and essentially the same process as a rezoning. • The code was revised to ease the requirements for amending planned developments so that they may more easily adapt over time to changing land uses, development patterns, and market conditions. Residential Density in • Planned developments are land use applications that involve a process with Planned Developments public hearings. The intent of this process is to allow flexibility and a master- Effective May 1 , 2009 planned approach to certain developments. Ordinance No. 1440 • The code was updated to allow a maximum density of 21 units per acre in planned developments, which matches the maximum density allowed by the City charter. • Increasing the density allowance in planned developments to match the charter at 21 dwelling units per acre may encourage desirable development at strategic and appropriate locations in the City. Residential Development • Minimum required front setbacks in most residential districts were reduced from Standards 30 feet to 25 feet to matching neighborhood context and encourage pedestrian Effective Aug 31 , 2009 friendly neighborhoods Ordinance No. 1448 • Residential development standards related to accessory buildings were revised to provide more consistency and flexibility in the treatment of principal versus accessory buildings. Parking Regulations • The former parking regulations established high minimum requirements and did Effective Sept 28, 2009 a poor job of allowing for creative shared parking, mixed use parking, and Ordinance No. 1454 parking reductions. • The code was revised to establish lesser parking ratios and create allowances for parking reductions. These changes may encourage redevelopment, create more pedestrian-friendly environments, and make it easier for redevelopment to occur. Completed and Proposed Zoning Code Amendments December 2012 6