Loading...
HomeMy WebLinkAbout07.18 - Agenda Packet PLANNING COMMISSION A G E N D A July 18, 2024 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on July 18, 2024 at 6:30 p.m. This meeting will be conducted as a virtual meeting and in person at 7500 W. 29th Avenue, Municipal Building. The public may participate in these ways: 1. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on January 17) 2. Virtually attend and participate in the meeting through a device or phone: a) Click here to join and provide public comment (create a Zoom account to join) b) Or call 1-669-900-6833 with Meeting ID 854 2413 4932 and Passcode: 333977 3. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view 4. Attend in person. 1. CALL THE MEETING TO ORDER 2. ROLL CALL OF MEMBERS 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA 5. APPROVAL OF MINUTES – June 13, 2024 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes.) (continued on next page) Planning Commission Agenda – July 18, 2024 Page 2 Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Amanda Harrison, Public Information Officer at 303-235-2877 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. 7. PUBLIC HEARING * A. Case No. ZOA-24-05: An Ordinance amending Chapters 11 and 26 of the Wheat Ridge Code of Laws regarding requirements for short-term rentals and making conforming amendments therewith. B. Case No. ZOA-24-06: An Ordinance amending section 26-646.F of the Wheat Ridge Code of Laws, regarding approval of nonconforming accessory dwelling units (ADUs). 8. OLD BUSINESS 9. NEW BUSINESS A. City Plan Update B. Upcoming Dates C. Project and Development Updates D. Commissioner Updates 10. ADJOURNMENT * Public comment is welcome during any public hearing item. The standard procedure for a public hearing is as follows: a. Staff presentation b. Applicant presentation – if applicable c. Public comment – time may be limited at the discretion of the Chair d. Staff/applicant response e. Close public hearing f. Commission discussion and decision ADA Accessibility Statement The City of Wheat Ridge (City) is committed to providing accessible facilities, services, and communication to all members of the public. As part of this commitment, the City aims to provide an accessible website compatible with W3C Web Content Accessibility Guidelines (WCAG 2.2) that is in compliance with Colorado HB 21-1110, allowing individuals with a disability to understand and use the website to the same degree as someone without a disability. As the City works toward this goal, you may have a need to access documents in an accessible format (e.g., Braille, large print, audio, etc.). In that event, please contact the ADA Coordinator, Kelly McLaughlin, at ada@ci.wheatridge.co.us or 303-235-2885 who will make every effort to respond to your inquiry and provide an alternative solution. Planning Commission Minutes - 1 – June 13, 2024 PLANNING COMMISSION Minutes of Meeting June 13, 2024 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair DISNEY at 6:30 p.m. This meeting was held in person and virtually, using Zoom video-teleconferencing technology. 2. ROLL CALL OF MEMBERS Commission Members Present: Kristine Disney Daniel Graeve Krista Holub Will Kerns Michael Moore Patrick Quinn Syrma Quinones Jonathan Schelke Commission Members Absent: Staff Members Present: Jana Easley, Planning Manager Alayna Olivas-Loera, Planner II Tammy Odean, Recording Secretary 3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA It was moved by Commissioner QUINN and seconded by Commissioner KERNS to approve the agenda as amended. 5. APPROVAL OF MINUTES – May 2, 2024 and May 16, 2024 It was moved by Commissioner QUINN and seconded by Commissioner GRAEVE to approve the minutes of May 2, 2024, as written. Motion carried 7-0-1 with Commissioner QUINONES abstaining. It was moved by Commissioner SCHELKE and seconded by Commissioner KERNS to approve the minutes of May 16, 2024, as written. Motion carried 7-0-1 with Commissioner HOLUB abstaining. Planning Commission Minutes - 2 – June 13, 2024 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WZ-24-06: an application filed by Confluent Development, LLC for approval of a zone change from Industrial-Employment (I-E) to Mixed Use- Commercial TOD (MU-C TOD) on a property located at 11910 W. 52nd Ave., in order to develop the site with residential and/or commercial uses. Ms. Olivas-Loera gave a short presentation regarding the zone change 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. Public Comment Chair DISNEY opened the Public Comment. Geoff Burg, resident 5195 Swadley Street Mr. Burg is opposed to the zone change without knowing the details of the future development. He added that the neighbors would like to see some commercial in the development. Connie Burg, resident 5195 Swadley Street Ms. Burg is also opposed to the zone change and emphasized she would rather have a warehouse on this property other than residential because she is concerned about the height and setbacks requirement. She mentioned she is also concerned about more traffic in the neighborhood. Ms. Burg would like to see something special at this location, not townhomes or apartments. Terry Foulke, resident 5274 Taft Court Mr. Foulke mentioned he agreed with the Burg’s comments and is concerned with lack of parking and traffic if more residential is developed. He also would like to see restaurants and commercial developed on this property. Charile Hood, Metro District Board Member for Hance Station and resident 11843 W 51st Avenue Planning Commission Minutes - 3 – June 13, 2024 Mr. Hood mentioned he is in favor of the zone change and is hoping for an ambitious development. He agreed that RV Storage is a poor land use for valuable real estate and said this is a prime location for access to the mountains and to downtown. Mr. Hood added that the Mixed Use-Commercial zone change could add some good retail to the property. Carol Foulke, resident 5274 Taft Court Ms. Foulke mentioned she walks to the rail station often and is concerned with the trains being empty and does not think more residential developments need to be put in the area. She added that a large residential building is out of character for this area. Ms. Foulke agrees a rezone is important but would like to see commercial and greenspace on this property. Chair DISNEY closed the Public Comment. Commissioner KERNS agreed with being creative with the property and requiring some greenspace and added that 52nd Avenue is not a main street and can be hard to have only commercial without some residential rooftops. He also mentioned that there is a housing shortage and affordable housing is needed and very important. Ms. Olivas-Loera confirmed that if the zone change is approved then open space will be a requirement. Commissioner GRAEVE inquired if there has been any commercial development along the TOD area in the past years. Ms. Olivas-Loera confirmed there has not been. In response to a couple questions from Commissioner HOLUB, Ms. Olivas-Loera confirmed that if the property were to be residential only, then the building could only be 6 stories in height and a zone change to Mixed-Use TOD would be the only non-commercial option that staff would support. Commissioner QUINN asked if there are any affordable housing and parking requirements within the TOD development; to which Ms. Olivas-Loera commented no, there is not an affordable housing requirement, but there are parking requirements. In response to a question from Commissioner SCHELKE, Ms. Olivas-Loera confirmed that there is no proposal yet for this site if the zone change is approved, but mentioned the new heights would apply. Planning Commission Minutes - 4 – June 13, 2024 Commissioner DISNEY asked for confirmation that a zone change is being requested for this property without plans being finalized. Celeste Tanner, applicant, Chief Development Officer 6985 West 26th Avenue Ms. Tanner confirmed that there is no solid plan yet and they are just in the first process which is the zone change followed by the site development process, and they would be excited to work with the public. She added that Confluent Development is Denver based and has developed in Wheat Ridge in the past. She also added that she is an 11-year resident in the City of Wheat Ridge and is excited about a vibrant development in her community and understands what is important to the residents that are currently there. Commissioner GRAEVE asked if there is a public process for the Site Plan Development. Ms. Olivas-Loera confirmed that all land use cases are public record and although for a Site Plan there is no public process, they can reach out to staff for the plans that are being reviewed. Ms. Tanner added that she is always available to answer questions as well. Commissioner QUINONES inquired how many units would be allowed if this site became residential only. Ms. Tanner clarified that if residential only then it would be subject to the 6-story height limit but they have not looked into any one direction for this site yet. Ms. Olivas-Loera added that this property is exempt from the density limitations. There were a few parking questions about how state law may affect minimum parking, but staff could not confirm when that state law would go into effect. Chair DISNEY closed the public hearing. It was moved by Commissioner MOORE and seconded by Commissioner QUINN to APPROVE Case No. WZ-24-06, a request for approval of a zone change from Industrial-Employment (I-E) to Mixed Use-Commercial TOD (MU-C TOD) for property located at 11910 W. 52nd Avenue, for the following reasons: 1. The Proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City’s adopted plans and policies. 4. The zone change will provide additional opportunity for reinvestment in the area. Planning Commission Minutes - 5 – June 13, 2024 5. The zone change will further enable the goals for the TOD area to be met. 6. The criteria used to evaluate a zone change supports the request. Commissioner GRAEVE is familiar with the area and understands there has been development change and added there is state law about density around TOD areas. He sympathized with the neighborhood and is shocked there is no commercial in the area and agrees there should be some included but it cannot be a condition. He reminded the community that Wheat Ridge has not seen apartment development for 40 years, but now housing is needed. Commissioner QUINN reminded the community that there is a process and steps to development and the start is with a zone change, then figuring out the site plan and agrees, more commercial/retail needs to be included. Commissioner DISNEY reminded the community that planning is a process and staff must communicate with utilities to see if the area can be served. She added planning and zoning can be tricky and that is why there is a process in place. She also reminded all that there is a housing shortage and the apartment buildings that have been developed are now full. Commissioner DISNEY also mentioned there are a lot of commercial spaces that are sitting vacant currently. Motion approved 7-1 with commissioner QUINONES denying. 8. OLD BUSINESS 9. NEW BUSINESS A. Upcoming Dates Ms. Easley let the commissioners know that there will not be a Planning Commission meeting on July 4 and the next meeting will be held on July 18, which will include two code amendments and an update on the City Plan. She added that August meeting dates are to be determined. B. Project and Development Updates Ms. Easley thanked the commissioners and the community for attending the most recent City Plan open house which saw 140 people attend. Ms. Easley also gave an update on the Lutheran Legacy Master Plan and the City initiative to rezone and how it will be good to get the zoning code in place before the property sells to a developer. She added in the fall they may see a ballot question in the fall to allow taller heights in the middle of the Lutheran Legacy Campus. C. Commissioner Updates Planning Commission Minutes - 6 – June 13, 2024 Commissioner SCHELKE mentioned that Gastown was denied their liquor license and added the owners were urged to do some community outreach if they want to reapply. Commissioner GRAEVE encouraged the community to attend Ridgefest and if they feel up to it to volunteer at the event. Commissioner QUINN mentioned he attended the All-American City Event and Wheat Ridge was awarded the All-American Lifetime Achievement Award. He also reminded all to vote in the primaries. 10. ADJOURNMENT It was moved by Commissioner QUINN and seconded by Commissioner KERNS to adjourn the meeting at 8:17 p.m. Motion carried 8-0. __________________________ _______________________________ Kristine Disney, Chair Tammy Odean, Recording Secretary MEETING DATE: July 18, 2024 TITLE: AN ORDINANCE AMENDING CHAPTERS 11 AND 26 OF THE WHEAT RIDGE CODE OF LAWS REGARDING REQUIREMENTS FOR SHORT-TERM RENTALS CASE NO. ZOA-24-05 PUBLIC HEARING CODE CHANGE ORDINANCE Case Manager: Scott Cutler Date of Preparation: July 5, 2024 ______________________________________________________________________________ SUMMARY: The proposed ordinance makes updates to the City’s Short-Term Rental (STR) regulations in Chapters 11 and 26 including revisions to whole-home STR licensing requirements, adding marketplace facilitator requirements, adjusting the STR licensing cap reporting period, updating the definition of STR host, and updating the STR fine schedule. Notice for this public hearing was provided pursuant to the Code of Laws. BACKGROUND: City Council enacted legislation concerning the licensing and enforcement of STRs in February 2021. Since that time, staff has worked to implement the legislation by licensing STRs, collecting the applicable lodgers’ tax, and enforcing the codified regulations. At the regular business meeting on February 12, 2024, Councilor Ohm raised a concern regarding the exemption of townhomes in Mixed Use-Neighborhood (MU-N) zone districts from the whole home licensing cap and, with the support of other members of Council, requested the issue come forward for discussion. Since the STR regulations were put into place about three years ago, staff also developed additional suggestions for Council’s consideration that might support a stronger licensing program and more effective enforcement, when required. At the June 3, 2024 Study Session, City Council gave unanimous consensus to move forward with the ordinance revising Chapters 11 and 26. PROPOSED ORDINANCE: The proposed ordinance modifies portions of the STR regulations in Section 26-645, as well as revises definitions in Section 26-123 to align with Chapter 11 and best practice. PLANNING COMMISSION LEGISLATIVE ITEM STAFF REPORT ZOA-24-05 / Short-Term Rentals Code Amendments 2 Whole Home Licensing in Townhomes The STR ordinance created a cap on the number of Whole Home STRs in each Council district to a maximum of two percent (2%) of the total number of dwelling units (calculated as a baseline from the number of single-unit, two-unit, and single-attached a.k.a. townhomes). However, the Code’s cap language exempted STRs in non-residential and non-agricultural zone districts, including mixed-use and commercial zone districts. The prevalence of townhome construction over the past ten (10) years has predominately occurred in the Residential-Three (R-3) zone district which is covered by the cap, and in the Mixed Use – Neighborhood (MU-N) zone district, which is not covered by the cap. This has resulted in several Whole Home STRs in townhome developments with mixed-use zoning that are exempt from the cap, creating a proliferation of STRs in some new developments. Townhomes are individually owned and platted and from a zoning standpoint function as single-unit homes; they are a large proportion of the new housing stock being developed and often an entry point for many buyers into an otherwise unaffordable market. The proliferation of Whole Home STRs in townhome developments limits opportunities for owner-occupied or long-term rental units. The proposed ordinance clarifies that single-attached dwellings (townhomes) are included in the whole home STR license cap, regardless of zone district. These changes would not affect existing licenses granted to townhomes or other single unit/duplex properties in the mixed-use zone districts but would limit opportunities for future licenses as new applicants would need to join the wait list. License Cap Reporting Period The cap on Whole Home STRs began on November 1, 2021, six months after the effective date of the ordinance. This was a reasonable “start date” at the time, but after over 2.5 years of administering the cap and associated wait lists, including yearly recalculations of the cap numbers (as required by the Code annually), staff has found difficulties with the recount and cap updates being made in November. Building permit reporting numbers are typically annual and reports are created from January 1 to December 31; it is theoretically possible, but more challenging, to pull numbers from November 1 to October 31 and it does not align with other required reporting deadlines. The Code also does not provide guidance on when the cap results need to be published. It can take several business days to pull the data, perform the cap calculations, and then update the website. The proposed ordinance revises the cap recalculation to commence January 1 of the calendar year rather than November 1, which will allow staff to pull complete data from the prior calendar year allowing for easier tabulation of updated cap numbers. It also includes a required reporting deadline of January 31 to allow sufficient time to pull the required data, perform data cleaning and publish the updated cap numbers on the City’s website. Definitions The proposed ordinance revises Section 26-123 of the Code to update the definition of STR host to align with the current definition within Chapter 11 (where the STR licensing regulations are located in the code). An STR host can include the owner, occupant, tenant, or agent of any of the same, as many STR owners use a third-party booking service or manager to manage the day-to-day operations of the STR. ZOA-24-05 / Short-Term Rentals Code Amendments 3 The ordinance also clarifies the definition of single-unit attached dwelling, which is currently defined in 26-1119 (the mixed-use portion of the code) but not section 26-123 which applies throughout the code. Licensing Requirements and Marketplace Facilitators Licensing, application requirements, advertisement requirements, and enforcement provisions are in Chapter 11 of the Code and are not subject to Planning Commission review. The Finance Division of the Administrative Services Department is leading the effort to amend portions of Chapter 11 to strengthen the City’s ability to enforce against marketplace facilitators of STRs (e.g., Airbnb and VRBO) and to update the City’s fine schedule. These portions of the ordinance are being drafted separately and will not be reviewed by the Planning Commission. A combined ordinance with revisions to Chapter 11 and 26 will be presented to City Council. The attached ordinance draft was written by the Planning Division with input from the City Attorney. Only the proposed changes to Chapter 26 are included. A public hearing before City Council will be scheduled later this summer once the Chapter 11 portions are finalized, likely August 26. RECOMMENDED MOTION: “I move to recommend approval of the proposed ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding requirements for short-term rentals.” Attachments: 1. STR Ordinance Draft (Chapter 26 portions) Exhibit 1: Proposed Revisions to STR Requirements (Chapter 26) 1 Sec. 26-123. Definitions. Update definition of STR host to align with requirements in Chapter 11: Old definition: Any person, as defined in this section, as owner of a property, who offers or provides lodging in a short-term rental. New definition: Any person or persons, as defined in this section, who have ownership, possession, or control of the premises or its operation as a short-term rental, whether as owner, co-owner, occupant, tenant or agent of any of the same. Add definition of “dwelling, single attached” to this section, which is already defined in Sec. 26-1119. Dwelling, single attached. A type of multi-unit dwelling that includes three (3) or more dwelling units where each unit is attached to other units by party walls, and where habitable spaces of different units are arranged side-by-side, rather than a stacked configuration. This can include, but is not limited to, townhomes with exterior entrances. Sec. 26-645. Short-term rentals. Add provisions in 26-645.C and 26-645.E to include townhomes (single attached dwellings) in the whole home rental cap, regardless of zone district. Update cap recalculation in 26-645.E to be January 1, from November 1, with a required reporting deadline by January 31, as there is currently no codified requirement and staff is relying on internal policy only. MEETING DATE: July 18, 2024 TITLE: AN ORDINANCE AMENDING SECTION 26-646.F OF THE WHEAT RIDGE CODE OF LAWS REGARDING APPROVAL OF NONCONFORMING ACCESSORY DWELLING UNITS CASE NO. ZOA-24-06 PUBLIC HEARING CODE CHANGE ORDINANCE Case Manager: Scott Cutler Date of Preparation: July 5, 2024 ______________________________________________________________________________ SUMMARY: The proposed ordinance extends the grace period to legalize existing dwellings that may qualify as accessory dwelling units (ADU) from August 15, 2024, to August 15, 2026. Notice for this public hearing was provided pursuant to the Code of Laws. BACKGROUND: One of the specific policy goals of the original ADU ordinance approved in 2022 was to create a process for legalizing existing dwellings that fall within the definition of an ADU. The ordinance established a grace period during which property owners could submit evidence of the prior existence of the unit without fear of penalty. Units legalized under the grace period have more flexibility; zoning requirements do not apply, and applicable building codes are largely limited to life safety concerns. The grace period to legalize existing dwellings that fall within the definition of an ADU currently expires on August 15, 2024. After the grace period ends, any unapproved or unpermitted ADU “shall be subject to enforcement as provided by law”, which may include code enforcement citations, requirements for building permits, and possibly upgrades to meet current building code requirements that go beyond basic life safety improvements. The end of the grace period means the owner of property with a potential existing ADU would need to apply for a new ADU permit and possibly make upgrades to the space to comply with current building code requirements. They may also be unable to meet certain zoning code requirements such as setbacks or maximum ADU size and therefore need to apply for variances or make modifications to the building size or location. Building upgrades could include fire separation, mechanical separation, new or upgraded entrances and egress, or major utility PLANNING COMMISSION LEGISLATIVE ITEM STAFF REPORT ZOA-24-06 / Existing ADU Grace Period Extension 2 upgrades including new taps if required by the water or sanitation districts. Existing ADUs under the grace period can generally avoid these types of upgrades as long as they can pass a basic life safety inspection or were deemed to be legally nonconforming (i.e., already recognized by the City as a separate dwelling in some other capacity). Overall, the application process to legalize existing ADUs is going well, and applications continue to trickle in. As of June 3, 2024, 23 applications have been received and 13 have officially been legalized as ADUs. Of those not officially legalized yet, 3 are still in the process of review, inspection, or awaiting deed restrictions, and for the remaining 7 applications, the owners elected not to move forward with the process, most of them after receiving an inspection. At least 1 application was determined it would be nearly impossible to meet life safety standards or make a conversion into an ADU. The remaining 6 that did not move forward were generally due to the need to obtain building permits, perform more substantial life safety corrections, or connect to water or sanitation services. Some applicants have indicated they may be interested in obtaining permits in the future. Staff believe there are additional ADUs in the community that could benefit from obtaining legal ADU status, but the owners have not yet applied. Allowing owners to come forward on their own time and not taking a punitive approach has so far proven generally successful, and owners have been more willing to provide information and build relationships with staff where prior to the grace period it was a more tenuous process due to the looming threat of code enforcement action. Without a grace period or increased flexibility for existing ADUs, owners are far less likely to come forward due to fear of having to comply with current building codes and make expensive upgrades, or dismantle a potential ADU that may be occupied, so in practice it would be like pre- 2022 where ADUs (new or existing) were not allowed. Any person building or converting an ADU after August 15, 2022 should have obtained the proper building permits for construction of a new ADU, so the extension of the grace period only applies to any ADU that was clearly in existence prior to August 15, 2022, demonstrated through prior permit records, real estate transactions, photos, or other written communication. This will ensure that many of the City’s existing ADUs, which were sometimes completed decades ago, can still apply for legalization without fear of penalty. This also helps to legalize and legitimize existing housing in the community. With the extension of the grace period, staff recognizes the importance of providing public education. If the grace period is extended, staff would develop an outreach plan and seek Council’s help in word-of-mouth education of the opportunity to apply to ensure property owners are aware of the additional opportunities to potentially legalize existing ADUs on their properties. At the June 3, 2024 Study Session, City Council gave unanimous consensus to extend the grace period until August 15, 2026. PROPOSED ORDINANCE: The proposed ordinance extends the grace period two years until August 15, 2026. Planning Division staff are also working with City Council and the City’s communications team to make residents aware of the process to legalize existing ADUs on their properties. ZOA-24-06 / Existing ADU Grace Period Extension 3 The attached ordinance was drafted by the Planning Division. A public hearing before City Council is scheduled for August 12, 2024. RECOMMENDED MOTION: “I move to recommend approval of the proposed ordinance amending Section 26-646.F of the Wheat Ridge Code of Laws regarding approval of nonconforming Accessory Dwelling Units (ADUs).” Exhibits: 1. Proposed Ordinance CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ____ COUNCIL BILL NO. ____ ORDINANCE NO. ____ Series 2024 TITLE: AN ORDINANCE AMENDING SECTION 26-646.F OF THE WHEAT RIDGE CODE OF LAWS, REGARDING APPROVAL OF NONCONFORMING ACCESSORY DWELLING UNITS 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 or welfare; and WHEREAS, the City of Wheat Ridge has established a process to legalize existing dwelling units which may qualify as Accessory Dwelling Units (ADUs), referred to as a “grace period”; and WHEREAS, the process has been successful and several existing ADUs have been legalized, and the current grace period expires in August 2024; and WHEREAS, the Council finds it necessary to extend the “grace period” by two (2) years to continue to provide a pathway for property owners to leg alize existing ADUs on their properties. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-646.F of the Wheat Ridge Code of Laws, concerning ADUs on nonconforming properties, is hereby amended as follows: F. Nonconforming properties. 1. Owners of property currently containing structures or portions of structures which may fall within the definition of ADU under section 26- 123, are hereby granted the right to apply to the city for approval of the same until August 15, 2024 2026. Following that date, and in the absence of city approval of an ADU under this section, unapproved or unpermitted ADUs shall be subject to enforcement as provided by law. Upon review and approval of such applications by the city, the deed restriction requirement of subsection E. shall apply. Development standards of subsection B. do not apply. … 3. If a property contains more than one (1) ADU, deemed lawful pursuant to subsections F.1. and F.2. by August 15, 2024 2026, those ADUs shall 2 be allowed to remain until voluntarily demolished or converted to other uses, consistent with the provisions of Code subsection 26-120.C. … Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection, or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect immediately, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 22nd day of July 2024, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for August 12, 2024 at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado . READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 12th day of August 2024. SIGNED by the Mayor on this _____ day of ____________, 2024. _______________________________ Bud Starker, Mayor ATTEST: _________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: Second Publication: Effective Date: August 12, 2024 Jeffco Transcript and www.ci.wheatridge.co.us Memorandum TO: Planning Commission FROM: Ella Stueve, Senior Neighborhood Planner DATE: July 5, 2024 (for July 18 meeting) SUBJECT: City Plan PURPOSE For Phase 2 of the City Plan engagement, we are building on what we heard in Phase 1 to discuss who we are as a community, how we want to make big decisions in the future, and what we care about most. The purpose of this meeting is to provide Planning Commission with an update on the City Plan process, including what we have heard from the community so far, and to have a strategic dialogue with the commissioners. This is the second of four anticipated Planning Commission meetings on this project, with subsequent study sessions scheduled for October 2024 and early 2025. BACKGROUND The City Plan is the next iteration of the Comprehensive Plan and will supersede Envision Wheat Ridge, which was adopted in 2009. The City Plan will articulate a community vision for Wheat Ridge through 2045. A specific focus will be to ensure robust community input and to create a plan that balances different values and tradeoffs that emerge from community conversations. A successful City Plan process will result in an adopted document that reflects community values and acts as a foundation for future City decisions around all topics related to the physical development of the City for years to come. PROJECT STATUS Timeline This 15-month process began in late January 2024 with a project team kick-off and the first phase of engagement from mid-April to early May. The second phase of engagement began in June and included the following events: • City Council discussions on June 4 and June 6 • A public open house on Thursday, June 6 • A steering committee meeting on Tuesday, June 4 The final step for this engagement phase is a Planning Commission meeting on Thursday, July 18. The subsequent phases will begin in September and February 2025, concluding with the Planning Commission conversations listed above. It is anticipated that the final plan will be brought to Planning Commission and City Council for final adoption in spring of 2025. 2 Public Process The City Plan project page has been on What’s Up Wheat Ridge since December 2023: https://whatsupwheatridge.com/city-plan. Since then, the project team has encouraged community members to subscribe to project updates and become neighborhood champions. Neighborhood champions are a group of people who want to stay up to speed on the City Plan and help promote participation. As of July 1, the City Plan has 277 page subscribers and 89 neighborhood champions. The second public open house was on Thursday, June 6, and over 140 community members attended and shared their input. The information and activities from the Open House were also available online on the project website until June 28. In total, 395 community members took the survey. Communications for this phase of public engagement includes the following: • A postcard sent to every residence in Wheat Ridge • What’s Up Wheat Ridge newsletters • Connections newsletters • Mayor’s Matters articles • City of Wheat Ridge’s website newsflash • Yard signs distributed to neighborhood champions and steering committee members and displayed at City parks and facilities • Social media ads and posts • Coasters with a QR code to the project webpage distributed to local businesses to give to customers • Staff with a City Plan table at Performance in the Park and Ridgefest Next Steps The City Plan consultant czb will review and analyze input from the community from June and July to develop preliminary plan concepts, including a Character and Development Vision and a Land Use and Mobility Framework. The project team will develop these concepts over the rest of the summer to present to the community for feedback in the fall. PLANNING COMMISSION FEEDBACK REQUESTED In the July 18 Planning Commission meeting, we will review the core values, planning principles, and planning priorities that the City Plan team distilled from what we heard in Phase 1. We will also talk about focus areas, which are an opportunity to illustrate what the values, principles, and priorities might look like in different locations. Attachments 1. City Plan Status Update, July 2024 Wheat Ridge City Plan | Planning Commission | July 2024 Wheat Ridge City Plan Planning Commission Check In #2 July 2024 Wheat Ridge City Plan | Planning Commission | July 2024 PROJECT OVERVIEW Wheat Ridge City Plan | Planning Commission | July 2024 The City Plan will be an update to the City’s existing comprehensive plan It should: •Articulate the community’s vision and establish shared values •Identify priorities for the future •Provide the framework for many decisions for years to come •Guide the actions of property owners, residents, elected and appointed officials, City staff, and others. Project Basics 3 Wheat Ridge City Plan | Planning Commission | July 2024 A great plan Gets the big things right Plans for what is known Creates a decision- making framework for what is unknown 4 Wheat Ridge City Plan | Planning Commission | July 2024 There will be four phases of engagement where community members will have the opportunity to provide input, both in person or online. Engagement will culminate in the formal adoption process in the spring of 2025. The Wheat Ridge City Plan process is informed and guided by the Wheat Ridge community through several methods of engagement: •Multiple public engagement options •A Steering Committee •City Council and Planning Commission touchpoints A Community -driven Process 5 Wheat Ridge City Plan | Planning Commission | July 2024 Online Surveys Month-long online engagement matching in-person events Multiple Options For Engagement Targeted Intercepts Targeted opportunities to talk and present 6 In-Person Events Open Houses throughout the course of the project Project Webpage Comment through the project website 24/7 Wheat Ridge City Plan | Planning Commission | July 2024 •Public can sign up to join the conversation. •Engage at their convenience. 7 ONLINE SURVEY The second phase of community engagement included an online survey that was accessible from June 6th through Friday, June 28th. What’s Up Wheat Ridge Wheat Ridge City Plan | Planning Commission | July 2024 An 18-member steering committee of local stakeholders is working closely with city staff and project consultants throughout the process. Steering Committee 8 Wheat Ridge City Plan | Planning Commission | July 2024 Timeline WE ARE HERE Wheat Ridge City Plan | Planning Commission | July 2024 What We Heard In June Wheat Ridge City Plan | Planning Commission | July 2024 •2 x 2 meetings with City Council members (June 4th & June 6th) •Open house event at the Recreation Center on June 6, with over 140 attendees •Project Steering Committee meeting on June 4th •Online survey offered on What’s Up Wheat Ridge website from June 6th through June 28th The Second Round Of Engagement 11 Wheat Ridge City Plan | Planning Commission | July 2024 General support for the core values, planning principles, and planning priorities. In-person input and discussions revealed general support for these components of the City Plan: •Awaiting the the final online survey input •As of June 24th, more than 300 people had provided input online 12 Emerging Consensus We heard... Wheat Ridge City Plan | Planning Commission | July 2024 Core Values & Planning Principles BASED ON WHAT WE’VE HEARD Wheat Ridge City Plan | Planning Commission | July 2024 14 A community's core values … •Are deeply-held and widely-shared beliefs that serve as building blocks for the community's vision and shape how decisions are made •They can evolve over generations but are durable and have a lasting impact •Once identified, these values and their complementary planning principles will form a decision-making framework for the new plan Core Values Wheat Ridge City Plan | Planning Commission | July 2024 15 DRAFT Core Values As a community, we are committed to being... …an inclusive community …an independent minded community …a forward-looking community Our community is welcoming to all and is a good home for different kinds of people, including those who cannot seem to find the right fit in other communities. We go our own way. We do what’s right for Wheat Ridge, regardless of what other communities are doing, because we don’t want to be just like other communities. Instead, we aspire to be the best version of ourselves. We are responsible to the future. We protect the environment, for today and tomorrow, and we make wise fiscal decisions by investing in preventative maintenance and economic opportunities that will make our community viable for generations. Wheat Ridge City Plan | Planning Commission | July 2024 16 Planning Principles A community’s planning principles… …guide our decisions and help us translate our values into actions. The City Plan includes four basic principles to consider as decisions are made to ensure adherence to the community’s core values. Wheat Ridge City Plan | Planning Commission | July 2024 17 DRAFT Planning Principles Serve a mix of incomes, meaning that through requirements and incentives, we will avoid the likelihood that new housing is only for those with high incomes. Preserve our “patchwork quilt,” meaning that we want to ensure that we continue to be a place of places, or neighborhoods with their own character and feel, even as areas experience development or redevelopment. We will celebrate and enhance the unique character of areas within Wheat Ridge and encourage the reuse of existing buildings and infrastructure when feasible. Focus on sustainability, meaning that public endeavors and new development will strive to minimize greenhouse gas emissions wherever and whenever possible, that new development will be high quality and built to last, that we will accommodate pedestrians and cyclists to the greatest extent possible, and we will take steps to protect the air and water. Strengthen the City’s fiscal position, meaning that decisions about public investments should always keep an eye on the future, that private development will be a long-term asset that adds value over time, and that we anticipate and address future liabilities. In everything we do, we must… Wheat Ridge City Plan | Planning Commission | July 2024 Planning Priorities THE THINGS THAT OUR CITY PLAN MUST GET RIGHT Wheat Ridge City Plan | Planning Commission | July 2024 19 A community’s planning priorities… •Are things that are so important that they will likely play a lead role in determining whether the city is a better place in 10 years •Each priority is broad in scope, touches numerous other issues directly or indirectly, and has a central role in quality of life for residents and determining community competitiveness and vitality. Planning Priorities Wheat Ridge City Plan | Planning Commission | July 2024 20 DRAFT Planning Priorities 38th Avenue from the Lutheran Legacy Campus to Harlan Non-Motorized Network for Traversing the City Proactive Infrastructure Management Improved Retail and Business Environment The planning priorities we must get right are... Wheat Ridge City Plan | Planning Commission | July 2024 21 What does this mean?Improved Retail and Business Environment •Wheat Ridge has historically missed out on the kinds of retail and restaurant offerings that many residents want. •Both on 38th Avenue and at the newly redeveloped Gold’s Marketplace, Wheat Ridge is finding its own way in cultivating the kinds of establishments that residents have long desired. •Continuing to build on these successes will be critical to improving the city’s quality of life. Wheat Ridge City Plan | Planning Commission | July 2024 22 What does this mean?38th Avenue from the Lutheran Legacy Campus to Harlan •As the heart of Wheat Ridge, 38th is both an important place in the city as well as a main corridor for how people get around. •It is the closest thing Wheat Ridge has to a “Main Street” and has been evolving along those lines for many years. But, while progress has been made on the goals of the 38th Avenue Corridor Plan, the outcomes have not been fully achieved. •If successfully executed, a future Lutheran Legacy Campus development has the potential to anchor the western end of a strengthened Wheat Ridge core district. Wheat Ridge City Plan | Planning Commission | July 2024 23 What does this mean?Network of Pedestrian and Bicycle Facilities Across the City •It is not easy, or simple, to get around Wheat Ridge without a car. •Pedestrian and bicycle infrastructure is too underdeveloped. •Using existing assets like the Clear Creek trail, city parks, and open space as key building blocks, additional pathways and connections could provide a system for pedestrians and cyclists to move between important locations more easily. Wheat Ridge City Plan | Planning Commission | July 2024 24 What does this mean?Proactive Infrastructure Management •Basic infrastructure—streets, sidewalks, curbs, gutters, storm drainage, water and sewer pipes—are in the category of things we only think about when they do not work. When they are functioning properly, they barely register a thought. It is expected that they work, and they should be invisible to most people. •Wheat Ridge’s historic approach to development, governance, taxing, and spending have left the City somewhat behind on managing existing conditions and anticipating future needs. •Failing to catch up on deferred maintenance and keep pace into the future will mean issues, small and large, could crop up at any time and undermine resident quality of life. Wheat Ridge City Plan | Planning Commission | July 2024 NEXT STEPS Wheat Ridge City Plan | Planning Commission | July 2024 Implementation of the City Plan will include applying Values, Principles, and Planning Priorities throughout Wheat Ridge. The City Plan will look at Focus Areas, which are an opportunity to illustrate what the values, principles, and priorities might look like in different locations. These focus areas should be seen as prototypes - the ideas detailed in each Focus Area can be applied to other areas in Wheat Ridge. 26 Prototype Focus Areas IN SEPTEMBER, the community will get a chance to explore the FOCUS AREAS in greater detail. Preview Of Focus Area Content CONCEPTS IN ACTION POTENTIAL LOCATIONS Improving walkability and supporting local business opportunities through infill development 38th Avenue 44th Avenue Connecting residents to the Clear Creek trail within neighborhoods Various locations along the Greenbelt Supporting neighborhood-scale commercial areas tucked in existing neighborhoods 29th Avenue Gold’s Marketplace Connecting commercial areas to parks and open space 44th Avenue Gold’s Marketplace Incorporating neighborhood commercial amenities within a newly emerging neighborhood Ward Station Lutheran Legacy Campus Interpreting the City Plan values and principles as a community, and applying them to an important community project Kullerstrand Elementary Wilmore-Davis Elementary Thank you!