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HomeMy WebLinkAbout12.19 Agenda Packet PLANNING COMMISSION A G E N D A December 19, 2024 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on December 19, 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 December 18) 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 842 2118 5487 and Passcode: 516592 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 – November 21, 2024 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the Public Hearing agenda. Public comments may be limited to 3 minutes.) (continued on next page) Planning Commission Agenda – December 19, 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-24-08: An Ordinance amending Chapter 26 of the Wheat Ridge Code of Laws, concerning regulation of natural medicine services and healing centers. B. Case No. WZ-23-12: An application filed by Hammers Construction for approval of a Specific Development Plan (SDP) for a Bonfire Burritos drive-thru restaurant on a property zoned Planned Mixed-Use Development (PMUD) and located at 4001 Clear Creek Drive (CC district 4). C. Case No. ZOA-24-07: An Ordinance amending Chapter 26 of the Wheat Ridge Code of Laws creating a new Article XIV entitled "Mixed Use Lutheran Legacy Campus Zone District" and making conforming amendments therewith. 8. OLD BUSINESS 9. NEW BUSINESS A. Upcoming Dates B. Project and Development Updates C. 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, often to 3 minutes d. Staff/applicant response e. Close public hearing f. Commission discussion and decision Planning Commission Minutes - 1 – November 21, 2024 PLANNING COMMISSION Minutes of Meeting November 21, 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 Will Kerns Michael Moore Patrick Quinn Syrma Quinones Jonathan Schelke Commission Members Absent: Krista Holub Staff Members Present: Jana Easley, Planning Manager Stephanie Stevens, Senior Planner Alayna Olivas-Loera, Planner II Iwona Dumin, Civil Engineer II Tammy Odean, Recording Secretary 3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA It was moved by consensus to approve the order of the agenda. 5. APPROVAL OF MINUTES – November 7, 2024 It was moved by Commissioner QUINN and seconded by Commissioner KERNS to approve the minutes of November 7, 2024, as written. Motion carried 7-0. 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. Planning Commission Minutes - 2 – November 21, 2024 7. PUBLIC HEARING A. Case No. WZ-24-07: an application filed by Applewood RV Resort, LLC for approval of an amendment to Phase II of the Prospect Park Place ODP to allow RV camping uses on Lot 1 on a property zoned Planned Commercial Development (PCD) and located at 11600 West 44th Avenue. Chair DISNEY opened the public hearing. 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 Brent Davis, resident 3940 Balsam Street Mr. Davis addressed a few comments he read on a letter on Facebook. He confirmed the site is not affordable housing, mentioning he paid for utilities and $1300 a month to stay there. He also commented that propane tanks are safe to use and the risk of a propane tank is low. Mr. Davis also mentioned that the RV Park is well kept and quiet and added there has been an increase in demand for RV Parks and supports this amendment. Lisa Ertle, resident 11649 West 44th Avenue Ms. Ertle mentioned she lives across the street and her concerns are for safety in the area, increased noise and the value of homes decreasing. Kylie Wagner, resident 11647 West 44th Avenue Ms. Wagner appreciated Mr. Davis’s point and had similar concerns as Ms. Ertle. She added that she also had concerns about curb appeal of a privacy wall along 44th Avenue. She also feels losing the commercial building will be detrimental to the area. Her final concern is for the environment and adding more asphalt and cars to the site. Dave Nosler, resident 11691 West 45th Place Mr. Nosler’s asked how many potential sites are going to be added to Phase 2. He mentioned 1st major concern is with traffic and the single road in and out of the RV Planning Commission Minutes - 3 – November 21, 2024 Park and RVs crossing 2 lanes to get across 44th Avenue. His second concern is for safety and the number of propane tanks at the RV Park. Jon Douglas, General Contractor 1400 East Charles Road, Marian IN Mr. Douglas appreciated all the public’s comments and mentioned the traffic study shows that there will be less traffic then with the current commercial building in place. He also said there will be onsite management in the future and the bathrooms will not be for the public and a code will be needed to access them. Commissioner Graeve inquired if the current commercial building is an auto shop and the impact it has on the traffic study and if this is they only RV Park in the City. Ms. Olivas-Loera confirmed the commercial building is not an auto shop but is retail stores and added this is the one and only RV Park in the City. David Theisen, Applicant’s Engineer 1226 Race Street, Denver CO Mr. Theisen confirmed that the traffic study considered that the commercial component of the site will be going away and input the number of RV sites being added, giving a net change to the number of cars going in and out of the property. He added the net change is less once the commercial component was taken out of the study. In response to questions and concerns from Commissioners GRAEVE and KERNS about traffic in and out of the RV Park, Ms. Olivas-Loera explained this is the zoning phase of the process and if approved then the applicant will enter the Specific Development Plan (SDP) part of the process. She added that this is when Engineering and Public Works will review traffic, curb cuts, and sidewalks. She added that the Fire Department also reviewed this plan and did not have any concerns or comments on the ODP but will also have a chance to comment on the SDP. Commissioners QUINONES and QUINN wanted clarification that tonight’s hearing is to approve the expansion of the RV Park and the amount of time residents can stay there. Ms. Olivas-Loera confirmed this to be true. In response to a question about temporary vs. long-term residents at the camp site, Ms. Easley mentioned the RV Park is open year-round and the residents can stay for no longer than 90 days and this is enforced by the owner/operator. Planning Commission Minutes - 4 – November 21, 2024 Commissioner SCHELKE asked the applicant if people stay at the RV Park for longer than 90 days. Mr. Douglas mentioned there are construction workers or traveling nurses, for example, who started with a shorter employment contract, then extended it, thus needed to stay longer at the RV Park than 90 days. In those cases, management will approve their stay to be extended at the RV Park. As typical with RV parks, travelers often stay for only a couple of weeks then move on. There was more discussion about traffic and access in and out of the RV Park and Ms. Easley reiterated the site planning will be reviewed during the SDP process, and zoning is the only thing being decided tonight. In response to a question from Commissioner MOORE about the applicability of the zone change criteria related to a change in character of the area, Ms. Olivas- Loera clarified that this particular criteria was not applicable as the RV park has been at this location since the 1980s and they are requesting an expansion of the same use. She also clarified that this request is not in response to a change in character of the area. Chair DISNEY closed the public hearing. Commissioner KERNS still had concerns that this RV Park is being used for affordable housing, the traffic letter, and safety of only one driveway and added he will be voting no on this amendment. Commissioner QUINN mentioned RV Parks are great places to contract workers to stay, they add to the City’s economy, and there will be some adjustments made during the SDP process, and he will be supporting this amendment. Commissioner DISNEY confirmed the rent to stay per month is $1500/month with utilities on top to be paid and the longer-term residents are contract workers. She also researched and found that propane tanks are very safe to use. She added that the RV Park cannot be blamed for traffic. She also mentioned there will be a good buffer for this property from the street and will not change the character of the neighborhood and will be voting in support of the amendment. Commissioner MOORE agreed with Commissioner KERNS that there is more to work on during the SDP phase and that during this phase all the criteria is being met. It was moved by Commissioner QUINN and seconded by Commissioner SCHELKE to recommend approval of case no. WZ-24-07, a request for approval of an ODP amendment to Phase II of the Prospect Park Place ODP, located at 11600 West 44th Avenue, for the following reasons: Planning Commission Minutes - 5 – November 21, 2024 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan. 3. The proposed zoning, density, and land use are consistent with the intent of a planned development, compatible with surrounding land uses, and will result in a high-quality development. 4. The infrastructure in the area can support the development. 5. The criteria used to evaluate a zone change support the request. Motion carried 6-1, with Commissioner KERNS denying. B. Case No. WZ-24-01: An application filed by Evergreen – Clear Creek Crossing, LLC for approval of an amendment to the underlying zoning to revise the use allowances and standards impacting Planning Areas 3 and 6 of the Clear Creek Crossing master-planned development on a property zoned Planned Mixed-Use Development (PMUD) and located west of I-70 between Clear Creek and 32nd Avenue. Chair DISNEY opened the public hearing. Ms. Stevens gave a short presentation regarding the amendment. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Derek Lis, applicant 3252 Trenton St, Denver Mr. Lis gave a brief presentation about the Clear Creek Crossing site and the proposed amendment. Public Comment No one wished to speak at this time. Commissioners QUINN and GRAEVE mentioned their support of the project and acknowledgement of the planning that went into this amendment and thanked staff and the applicant for their detailed presentations. Chair DISNEY closed the public hearing. It was moved by Commissioner KERNS and seconded by Commissioner QUINN to recommend Approval of Case No. WZ-24-01, a request for approval of an amendment to the underlying zoning to revise uses and Planning Commission Minutes - 6 – November 21, 2024 standards impacting Planning Areas 3 and 6 at Clear Creek Crossing, for the following reasons: 1. The zoning promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. 2. The change in uses and standards does not affect the demand on public infrastructure. 3. The amendment is consistent with the goals and objectives of the Comprehensive Plan and purpose of underlying zoning. 4. It is appropriate to amend the zoning standards to recognize market realities while enhancing the public realm. Motion carried 7-0. C. Case No. WZ-23-11: An application filed by Highgate Hotels for approval of a Specific Development Plan (SDP) for a 4-story, 119 room hotel on a property zoned Planned Mixed-Use Development (PMUD) and located at the southeast corner of West 40th Avenue and Clear Creek Drive. Chair DISNEY opened the public hearing. Ms. Stevens gave a short presentation regarding the amendment. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Jennifer Tedrick, applicant 545 East John Carpenter Parkway, Irving TX Ms. Tedrick gave a brief presentation about Highgate, the developer for Home2 and their vision for the site at Clear Creek Crossing. Public Comment No one wished to speak at this time. Commissioner QUINN asked how Highgate came to the decision to build in this area when there is a Hampton Inn and Marriott also in a close proximity. Ms. Tedrick mentioned that the Highgate team would not build if there was not a demand, and the success of Home2 will be an asset to the community. Commissioner GRAEVE inquired about the size of Hampton Inn. Planning Commission Minutes - 7 – November 21, 2024 Ms. Stevens confirmed Home2 and Hampton Inn are similar in size with different layouts. Commissioner KERNS asked if the large sidewalk on the east side of the hotel was considered the paseo that was discussed with the previous application. Ms. Stevens confirmed it is directly reflective of that design. Chair DISNEY closed the public hearing. It was moved by Commissioner MOORE and seconded by Commissioner QUINONES to approve Case No. WZ-23-11, a request for approval of a Specific Development Plan for a Home2 Hotel on property located within Planning Area 3 of the Clear Creek Crossing Planned Mixed Use Development at the southeast corner of West 40th Avenue and Clear Creek Drive, for the following reasons: 1. The specific development plan is consistent with the purpose of a planned development, as stated in Section 26-301 of the Code of Laws. 2. The specific development plan is consistent with the intent and purpose of the outline development plan. 3. The proposed uses are consistent with those approved by the outline development plan. 4. All responding agencies have indicated they can serve the property with improvements installed at the developer’s expense. 5. The specific development plan is in substantial compliance with the applicable standards set forth in the outline development plan and with the City’s adopted design manuals. With the following conditions: 1. Approval of this SDP is contingent upon City Council’s approval of the ODP Amendment (Case No. WZ-24-01). 2. Minor site adjustments may be required to the civil construction plans to coordinate this development with surrounding infrastructure improvements and the replat. 3. The associated subdivision plat (Case No. MS-24-01) shall be recorded prior to recording of the subject SDP. 4. The developer shall enter into a development agreement with the City to be recorded with the County Clerk & Recorder prior to issuance of building permits. 5. Building permit submittal shall be consistent with the SDP. Motion approved 7-0. Planning Commission Minutes - 8 – November 21, 2024 8. OLD BUSINESS 9. NEW BUSINESS A. Upcoming Dates Ms. Easley mentioned that there will not be a meeting on December 5, but there will be cases to be heard at the December 19 meeting. B. Project and Development Updates Ms. Easley said she had no updates but reminded all to check the Project and Properties Map on the website because it is updated weekly. C. Commissioner Updates Commissioner QUINN appreciated the community who spoke tonight. 10. ADJOURNMENT It was moved by Commissioner GRAEVE and seconded by Commissioner MOORE to adjourn the meeting at 8:41 p.m. Motion approved 7-0. __________________________ _______________________________ Kristine Disney, Chair Tammy Odean, Recording Secretary MEETING DATE: December 19, 2024 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING REGULATION OF NATURAL MEDICINE SERVICES AND HEALING CENTERS CASE NO. ZOA-24-08 PUBLIC HEARING CODE CHANGE ORDINANCE Case Manager: Jana Easley Date of Preparation: December 3, 2024 ______________________________________________________________________________ SUMMARY: In 2023, the Colorado General Assembly approved the Colorado Natural Medicine Act, creating a regulatory structure for natural medicines and the operation of licensed healing centers. Under the Act, the City may regulate the time, place and manner of healing centers licensed by the state, but the City may not prohibit the uses entirely. This ordinance allows healing centers in the City’s commercial, industrial, and mixed use zone districts in a manner similar to medical offices. The ordinance also memorializes the state-enacted separation from schools and daycares. Notice for this public hearing was provided pursuant to the Code of Laws. BACKGROUND: The Colorado Natural Medicine Act, codified at CRS 44-50-101, et seq, creates a regulatory structure for the operation of licensed facilities for the supervised use of psychedelic mushrooms by individuals age 21 and over. The Act creates a state agency responsible for licensing and registration of facilities and related businesses that provide for the use, cultivation, manufacture, and testing of these substances. Further, the state licensing authority will not issue licenses for any building which is within 1000 feet of a childcare center, preschool, elementary, middle, junior high school, or residential childcare facility. While the state statute does not require local governments to enact any local regulations of natural medicine businesses, the City has the authority to do so. Under the Act, the City may regulate the time, place and manner of the operation of healing centers licensed by the state, but may not prohibit the uses entirely. The City may not prohibit licensed health care facilities or individuals from providing natural medicine services within the City, nor may it prohibit the transportation of natural medicine on public roads within the City. Finally, according to the Act, the City may not impose regulations that are “unreasonable or in conflict with the [Act].” PLANNING COMMISSION LEGISLATIVE ITEM STAFF REPORT ZOA-24-08 / Natural Medicine 2 Based on Council direction provided during the December 2, 2024, study session, this ordinance defines “healing center” in the zoning code and permits this use in the City’s commercial, industrial, and mixed use zone district (similar to medical office uses). The code also acknowledges the 1000-foot separation required by the state between healing centers and any school or daycare. This regulatory approach is illustrated in Attachment 2. PROPOSED ORDINANCE: Section 26-123 of the Wheat Ridge Code of Laws, defining certain terms applicable to Chapter 26 of the Code, is proposed to be amended by the addition of the following definition, in its appropriate alphabetical order: Healing center. A medical office that: (i) engages in the activities and provides the services of a “healing center” providing “natural medicine services” as both terms are defined in the Colorado Natural Medicine Health Act of 2022, CRS 12-170-101 et seq, as amended and the Colorado Natural Medicine Code, CRS 44-50-101 et seq, as amended; and (ii) that has been licensed by the state of Colorado pursuant to those statutes. The “Table of Uses - Commercial and Industrial Districts” set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in commercial and industrial zone districts, is proposed to be amended by adding a new row for healing centers as follows: Uses Notes NC RC C-1 C-2 I-E Healing centers May not be located within 1000 feet of a child care center, preschool, elementary, middle, junior or high school or a residential child care facility P P P P P The “Permitted Uses” Chart set forth in Section 26-1111 of the Wheat Ridge Code of Laws, concerning permitted uses in mixed use zone districts, is proposed to be amended by adding a new row for healing centers as follows: Permitted Uses Use Group MU-C MU-C Interstate MU-C TOD MU-N Healing centers (may not be located within 1000 feet of a child care center, preschool, elementary, middle, junior or high school or a residential child care facility) P P P P The attached proposed ordinance was drafted by the City Attorney. A public hearing before City Council is scheduled for January 13, 2025. ZOA-24-08 / Natural Medicine 3 RECOMMENDED MOTION: “I move to recommend approval of an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws, concerning the regulation of natural medicine services and healing centers.” Exhibits: 1. Proposed Ordinance 2. Map of Proposed Regulatory Approach ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ________ COUNCIL BILL NO. ___ ORDINANCE NO. __________ Series of 2024 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING REGULATION OF NATURAL MEDICINE SERVICES AND HEALING CENTERS WHEREAS, the City of Wheat Ridge, Colorado (the “City”), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and Article 23 of Title 31 of the Colorado Revised Statutes, the City, acting through its City Council (the “Council”), previously adopted planning and zoning regulations, codified as Chapter 26 of the Wheat Ridge Code of Laws (the “Code”); and WHEREAS, the Council desires to amend the Code in order to regulate Natural Medicine Services and Healing Centers as defined and regulated within the Colorado Natural Medicine Act of 2022 and the Colorado Natural Medicine Code; and WHEREAS, these updates to the Code will clarify the defined use and locations where Natural Medicine Services and Healing Centers are permitted. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-123 of the Wheat Ridge Code of Laws, defining certain terms applicable to Chapter 26 of the Code, is amended by the addition of the following definition, in its appropriate alphabetical order: Healing center. A medical office that: (i) engages in the activities and provides the services of a “healing center” providing “natural medicine services” as both terms are defined in the Colorado Natural Medicine Health Act of 2022, CRS 12-170-101 et seq, as amended and the Colorado Natural Medicine Code, CRS 44-50-101 et seq, as amended; and (ii) that has been licensed by the state of Colorado pursuant to those statutes. Section 2. The “Table of Uses - Commercial and Industrial Districts” set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in commercial and industrial zone districts, is hereby amended by adding a new row for healing centers as follows: 2 Uses Notes NC RC C-1 C-2 I-E Healing centers May not be located within 1000 feet of a child care center, preschool, elementary, middle, junior or high school or a residential child care facility P P P P P Section 3. The “Permitted Uses” Chart set forth in Section 26-1111 of the Wheat Ridge Code of Laws, concerning permitted uses in mixed use zone districts, is hereby amended by adding a new row for healing centers as follows: Permitted Uses Use Group MU-C MU-C Interstate MU-C TOD MU-N Healing centers (may not be located within 1000 feet of a child care center, preschool, elementary, middle, junior or high school or a residential child care facility) P P P P Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. 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 6. Effective Date. This Ordinance shall take effect upon adoption at second reading, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 9th day of December 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 Monday, January 13, 2025, at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it take effect immediately after final publication. 3 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ______ to ______, this 13th day of January, 2025. SIGNED by the Mayor on this ________ day of ____________________, 2025. Bud Starker, Mayor ATTEST: __ Margy Greer, Senior Deputy City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Jeffco Transcript: Effective Date: Schools, Daycares, and Zoning This map shows schools and licensed daycares located in Wheat Ridge. The State requires a 1000-foot separate between schools and daycares and any licensed facility for the supervised use of natural medicine; that 1000-foot separation is shown by the red buer. The blue shading represents all commercial, industrial, and mixed-use zoning in Wheat Ridge. These zone districts allow medical oce uses. Rev 11/26/2024 School Daycare 1000-foot Buer City Boundary Commercial, Industrial, and Mixed Use Zoning ATTACHMENT 2 Planning Commission 1 Case No. WZ-23-12 / Bonfire Burritos at Clear Creek Crossing CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission MEETING DATE: December 19, 2024 CASE MANAGER: Alayna Olivas-Loera CASE NO. & NAME: WZ-23-12 / Bonfire Burritos at Clear Creek Crossing ACTION REQUESTED: Approval of a Specific Development Plan (SDP) for a drive-thru restaurant LOCATION OF REQUEST: Northwest Corner of W. 40th Avenue and Clear Creek Drive (Planning Area 6 of Clear Creek Crossing) APPLICANT (S): Hammers Construction, Inc. on behalf of Bonfire Burritos OWNER (S): Evergreen-Clear Creek Crossing, LLC APPROXIMATE AREA: approx. 27,990 square feet (.64 Acres) PRESENT ZONING: Planned Mixed Use Development (PMUD) COMPREHENSIVE PLAN: Mixed Use Commercial ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION Location Map Planning Commission 2 Case No. WZ-23-12 / Bonfire Burritos at Clear Creek Crossing JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Case No. WZ-23-12 is an application for approval of a Specific Development Plan (SDP) for the purpose of developing a one-story, 1,888-square foot restaurant building with a drive-thru and outdoor patio. The subject site is located on the west side of Clear Creek Drive and north of the W. 40th Avenue and Clear Creek Drive intersection, within the Clear Creek Crossing planned development, known as Planning Area 6 of Clear Creek Crossing. It is a part of the large Block 4, Lot 1 of the Clear Creek Crossing Block 4 Replat, approved in 2022, which included platted access easements defining the site’s shape. Block 4 is currently being replatted as part of a “Block 4 Replat C” which will create unique lots for the restaurant and other proposed developments in the area. This request for SDP approval is the second step in a two-part approval process pertaining to planned developments. The first step occurred in 2018 when Planning Commission and City Council approved the Clear Creek Crossing Planned Mixed Use Outline Development Plan (ODP) which established zoning (Case No. WZ-16-07). The zone change also included approval of a Vision Book that establishes the intended design and architectural themes and materials, as well as a Design Pattern Book (DPB) that includes the more substantive development regulations. The ODP is currently being amended under Case No. WZ-24-01, but there are no changes proposed that would impact the subject site. The second step is approval of the subject Specific Development Plan (SDP), which focuses on specific details of a development such as site design, architecture, landscaping, and drainage. Section 26-302 of the Municipal Code allows for concurrent or sequential applications for the ODP and SDP. This is one of many SDP applications to be heard before the Planning Commission for the different phases or “Planning Areas” as the mixed-use project at Clear Creek Crossing is developed. SDPs must be found to be compliant with the ODP and supporting documents in order to be approved. Each SDP application must be heard at a public hearing before the Planning Commission, who is the final deciding body for SDP approval. Architectural Control Committee An Architectural Control Committee (ACC) was established specifically for this the Clear Creek Crossing development to ensure compliance with the Design Pattern Book, third-party review, consistency across the project, and to conduct schematic design review prior to the City’s planning review. The ACC is comprised of 6 members: 3 appointed by mutual agreement between the Developer and the City of Wheat Ridge Community Development Director, 2 seats held by the Developer, and 1 seat held by a City of Wheat Ridge Planning Division staff member. The ACC has fulfilled the requirement to review this SDP two times: first, prior to the City’s pre- application meeting and second, as part of the City’s referral process. The ACC has provided written approval of the subject SDP as their referral response, provided in Exhibit 6. Planning Commission 3 Case No. WZ-23-12 / Bonfire Burritos at Clear Creek Crossing Planning Commission Review As previously noted, the Planning Commission is the final authority for approval of an SDP. The intent of the public hearing is to allow a publicly appointed body and the public at large to verify staff’s conclusion that the project meets the intent and standards of the underlying zoning. The plan sheets and exhibits relevant to this purpose are included. Construction details, such as final utility and grading plans, are not included for review by Planning Commission and are under review by the Engineering Division. II. PROPERTY HISTORY Property History & Development Status Rezoning to a planned development in the City of Wheat Ridge involves a two-step process, and for the subject property, the 2018 approval of the ODP and DPB comprised the first step. These two regulatory documents establish the allowed uses and development standards for the property and establish access configurations for vehicles, pedestrians, and bicycles. While rare in Wheat Ridge, a design pattern book is common for developments of this size, for which formatting flexibility including photos and graphics are necessary to explain substantive development standards. Links to the ODP, DPB, and Vision Book documents can be found at the following link: https://www.ci.wheatridge.co.us/431/Guiding-Documents. The second step for development in a Planned Mixed Use Development (PMUD) requires approval of Specific Development Plans (SDPs) for each building, lot, or phase. Several SDPs have already been approved at Clear Creek Crossing, including the Outlook apartments (Phases I and II) at 40th and Clear Creek Drive, the Life Time Fitness Facility farther south of the subject property, the gas station and coffee shop to the east of the subject property, the Foothills Credit Union, and the IMH SCL hospital campus. Land Uses and Zoning The site is currently vacant. To the northwest, a Hampton Inn is under construction. Farther northwest along Clear Creek Drive, the Outlook II (Table Mesa) apartments have completed construction. The site to the southwest is currently under review by the City for a restaurant and commercial district fronting a ¼-acre outdoor plaza (the Lookout). The internal roadway system and utility infrastructure connecting the Hampton Inn and Life Time on the west side of Clear Creek Drive were completed in late 2022, with some anticipated improvements to Crossing Drive slated to be constructed concurrently with the Bonfire site. See Exhibits 1 and 2, Aerial and Zoning Map. III. SPECIFIC DEVELOPMENT PLAN The site is located in Planning Area 6 which is part of the Harvest Commercial District denoting this area as a commercial subdistrict in the development (Exhibit 3, Design Pattern Book Excerpts). This area is slated for large format retail, and complementary commercial uses, and drive-thru restaurants are a permitted use in this area. Key components of the site design are described below. The site data table on the cover sheet confirms the SDP complies with the development standards provided by the ODP (Exhibit 4, Specific Development Plan). Planning Commission 4 Case No. WZ-23-12 / Bonfire Burritos at Clear Creek Crossing Site Design & Internal Circulation The vacant site is proposed to be developed with a drive-thru restaurant building that is approximately 1,888 square feet in size and approximately 20 feet in height. One access point is proposed into the site from the south which will tie into the private street intersection also serving the Hampton Inn property. This access point feeds into a signalized intersection. Parking The SDP reflects 14 proposed parking spaces, including 1 accessible space, 3 EV Ready spaces, and 3 bike parking spaces. The parking is placed diagonally from the building, just to the southeast, along the private drive to the south. The Denver Water easement traverses the site along Clear Creek Drive, which limits development in this area but allows for a drive-thru lane. The amount of parking provided complies with the code for restaurant uses, which is based on 1 parking space per 100 square feet of publicly accessible floor area. Staff analyzed the applicant’s responses regarding staffing and operational characteristics and determined the 14 provided parking spaces are sufficient. Building Orientation The Design Pattern Book establishes setback and building orientation requirements specific to each development district within Clear Creek Crossing. For Planning Area (PA) 6 within the Harvest District, and because of the Denver Water easement which traverses the site along Clear Creek Drive, there are no build-to requirements. Instead, buildings must be oriented proximate to primary pedestrian routes. The site features a large outdoor patio space which faces Clear Creek Drive and includes an accessible route on the south side where the front door is, connecting to Clear Creek Drive and internal private drives to the southwest. This building orientation will allow for easy pedestrian access to both signalized intersections and to the future commercial development within Clear Creek Crossing. The drive-thru window is located on the west side of the building, away from main pedestrian paths and out of view from Clear Creek Drive. Painted crosswalks and signage are proposed at two locations within the drive-thru lane to prioritize pedestrian safety. Architecture The architectural style is driven by the Clear Creek Crossing Design Pattern Book and Vision Book which call for a “modern agrarian” aesthetic that blends traditional agrarian forms and materials with a modern feel. It also requires strong attention to the pedestrian realm. The applicant has evolved the building design based on feedback from staff over the past few months. The building will be single story, and the materials are comprised of horizontal and vertical architectural metal and wood elements with a rustic color palette. The materials carry over to all sides of the building resulting in four-sided architecture. The building features material variation to enhance the pedestrian realm and a pitched roof with overhangs to reflect the agrarian theme. Overall façade transparency on the street facing façade meets requirements of the DPB. Black and white architectural elevations are found on page 7 of the SDP (Exhibit 4, SDP), and color elevations can be found in Exhibit 5. Landscaping, Open Space, and Amenities The project exceeds the minimum requirements for 20% of the lot to be landscaped by utilizing perimeter landscaping and parking lot landscaping buffers, with a variety of trees, shrubs, ornamental grasses, and perennials. The Denver Water easement through the site impacts the ability for Planning Commission 5 Case No. WZ-23-12 / Bonfire Burritos at Clear Creek Crossing substantial plantings, such as trees, within the easement so additional shrubs and ornamental grasses are provided instead. Grading, Utilities, Drainage and Traffic This SDP complies with all grading, utilities, drainage, and traffic plans for the overall Clear Creek Crossing development. Sanitary sewer and water service will be provided by Applewood Sanitation District and Consolidated Mutual Water Company, respectively. IV. SDP CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-305.D. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The proposed specific development plan is consistent with the purpose of a planned development as stated in section 26-301 of this article. The purpose of utilizing planned development zoning is to provide flexibility while accommodating well-designed, innovative developments that demonstrate efficient use of land and may not be feasible under a standard zone district. The SDP achieves these goals and proposes a high-quality building product in close proximity to the interstate, residential, and commercial facilities, supporting the mixed-use and interstate-oriented vision for the area. The site and building were designed to reinforce the character of Clear Creek Crossing as established in the Design Pattern Book. Staff concludes this criterion has been met. 2. The proposed specific development plan is consistent with the design intent or purpose of the approved outline development plan. The SDP is consistent with the intent and character statements of the outline development plan. The site layout and architecture prioritizes pedestrians and follow the style guidelines of the modern agrarian theme of Clear Creek Crossing. Staff concludes this criterion has been met. 3. The proposed uses indicated in the specific development plan are consistent with the uses approved by the outline development plan. The SDP is consistent with the use standards of the outline development plan. Drive-thru restaurants are a permitted use in PA 6 or the Harvest District of Clear Creek Crossing which includes the subject site. Staff concludes this criterion has been met. 4. The site is appropriately designed and is consistent with the development guidelines established in the outline development plan. Planning Commission 6 Case No. WZ-23-12 / Bonfire Burritos at Clear Creek Crossing The site and buildings are designed to adhere with development standards for the Harvest District. This includes the setback and building placement requirements applicable to PA 6, landscaping coverage, and vehicle and bicycle parking. The design integrates with the existing and proposed development sites surrounding it and takes into consideration vehicular and pedestrian circulation. Accommodations for site improvements around the Denver Water easement have been made and appropriately incorporated into the design. Staff concludes this criterion has been met. 5. Adequate infrastructure/facilities are available to serve the subject property, or the applicant will upgrade and provide such where they do not exist or are under capacity. All responding agencies have indicated they can serve the property with improvements installed at the developers’ expense. All required infrastructure and services are provided for within this SDP. Some regional infrastructure updates are being coordinated separately by the master developer. Staff concludes this criterion has been met. 6. The proposed specific development plan is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual, Streetscape Design Manual, and other applicable design standards. As described above, the SDP is in compliance with the Clear Creek Crossing Design Pattern Book, which addresses architectural, site, and streetscape design. Staff concludes this criterion has been met. Staff concludes that the criteria used to evaluate the SDP support the request. V. AGENCY REFERRAL All affected service agencies were contacted for comment on the SDP and subdivision, specifically regarding the ability to serve the property. There were no concerns expressed by the City of Wheat Ridge Engineering Division, Building Division, Public Works, Parks and Recreation, Police Department, Economic Development, Urban Renewal Authority, or the ACC. More detailed referral responses from City departments and outside districts follow: Wheat Ridge Engineering Division: No concerns with the SDP. Minor corrections remain on the civil construction documents and will be approved prior to issuance of building permit. Wheat Ridge Building Division: No comments at this time. West Metro Fire District: Can serve. Coordination will continue through development. Xcel Energy: Can serve. Utility coordination is ongoing. Lumen/Century Link: No comments provided. Utility coordination is ongoing. Planning Commission 7 Case No. WZ-23-12 / Bonfire Burritos at Clear Creek Crossing Comcast/Xfinity: No comments provided. Utility coordination is ongoing. Consolidated Mutual Water District: Can serve. Utility coordination is ongoing. Applewood Sanitation District: Can serve. Utility coordination is ongoing. Longs Peak Metro District: No comments provided. Denver Water: No concerns. The site is bisected by the 80’ Denver Water easement and coordination is ongoing with Denver Water to allow other utilities and services access across the easement. Clear Creek Crossing Architectural Control Committee (ACC): The ACC has reviewed and provided a recommendation of approval of the SDP. Refer to Exhibit 6. VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that the proposed SDP is consistent with the planned development regulations, with the goals and policies of the City’s guiding documents, and with the proposed ODP and supporting documents. Because the review criteria support the SDP, staff recommends approval of the Specific Development Plan. As noted above, the Planning Commission is compelled to review the application against the SDP criteria for review. The intent of the Planning Commission’s review is to allow a publicly appointed body and the public at large to verify staff’s conclusi on that the project meets the intent and standards of the underlying zoning. VII. SUGGESTED MOTIONS – SPECIFIC DEVELOPMENT PLAN Option A: “I move to APPROVE Case No. WZ-23-12, a request for approval of a Specific Development Plan for a Bonfire Burritos drive-thru restaurant on property located within Planning Area 6 of the Clear Creek Crossing Planned Mixed Use Development at 4001 Clear Creek Drive, for the following reasons: 1. The specific development plan is consistent with the purpose of a planned development, as stated in Section 26-301 of the Code of Laws. 2. The specific development plan is consistent with the intent and purpose of the outline development plan. 3. The proposed uses are consistent with those approved by the outline development plan. 4. All responding agencies have indicated they can serve the property with improvements installed at the developer’s expense. 5. The specific development plan is in substantial compliance with the applicable standards set forth in the outline development plan and with the City’s adopted design manuals. With the following condition: 1. Minor site adjustments may be required to the civil construction plans to coordinate this development with surrounding infrastructure improvements and the replat. Planning Commission 8 Case No. WZ-23-12 / Bonfire Burritos at Clear Creek Crossing 2. The associated subdivision plat (Case No. MS-24-01) shall be recorded prior to recording of the subject SDP. 3. Building permit submittals shall be consistent with the SDP. 4. Option B: “I move to DENY WZ -23-12, a request for approval of a Specific Development Plan for a Bonfire Burritos drive-thru restaurant on property located within Planning Area 6 of the Clear Creek Crossing Planned Mixed Use Development at 4001 Clear Creek Drive, for the following reasons: 1. 2. …” Planning Commission 9 Case No. WZ-23-12 / Bonfire Burritos at Clear Creek Crossing EXHIBIT 1: AERIAL Planning Commission 10 Case No. WZ-23-12 / Bonfire Burritos at Clear Creek Crossing The Clear Creek Crossing site is entirely zoned Planned Mixed Use Development (PMUD). The Coors Pond to the southwest is zoned Planned Commercial Development (PCD). EXHIBIT 2: ZONING MAP Planning Commission 11 Case No. WZ-23-12 / Bonfire Burritos at Clear Creek Crossing Planning Area Map The Bonfire Burritos site is indicated by the red star. EXHIBIT 3: DESIGN PATTERN BOOK EXCERPTS Planning Commission 12 Case No. WZ-23-12 / Bonfire Burritos at Clear Creek Crossing Planning Area Standards Planning Commission 13 Case No. WZ-23-12 / Bonfire Burritos at Clear Creek Crossing See attached. EXHIBIT 4: SPECIFIC DEVELOPMENT PLAN STOP CORNER VISIBILITY TRIANGLE (TYP) 1 2 3 32-01 (5) - CMF (5) - HP (6) - CMF (4) - HP CMF - (2) HP - (2) FA - (3) FA - (3) SPH - (6) CMF - (3) FA - (2) (18) - BB (9) - SPH (15) - IR (3) - HP (1) - GD (4) - ES (3) - SPH (5) - PGG (3) - ES (3) - SPH (3) - ES (2) - FA (1) - GTS (3) - ES (3) - SPH (3) - ES (3) - SPH (7) - SPH (3) - BB (8) - NT SIGHT TRIANGLE (TYP) CAM - (3) (17) - NT (1) - PPF (1) - PPF (5) - EPA (3) - EPA (6) - EPA (5) - EPA (4) - FA SIGHT TRIANGLE (TYP) SIGHT TRIANGLE (TYP) SIGHT TRIANGLE (TYP) PPF - (1) (6) - ES (6) - BB (5) - CMF (3) - FA (6) - NT (2) - HP (3) - SPH (2) - ES WATER METER FIRE HYDRANT PROVIDE 3' CLEAR (TYP) FIRE HYDRANT PROVIDE 3' CLEAR (TYP) 0 20 40 60 LANDSCAPE PLAN SCALE: 1" = 20' N SYMBOL DESCRIPTION QTY PLACE SHREDDED CEDAR MULCH AROUND BASE OF ALL PERENNIALS AND GRASSES IN LARGE COBBLE AREAS. MASSED PERENNIALS TO RECEIVE LARGE RING AROUND ENTIRE GROUP (TYP). MINIMUM 3` ROOTBALL OFFSET FROM BUILDING, TYP. PLACE PLANTS TO PROVIDE MIN. 2` CLEARANCE FROM BACK OF CURB AT MATURE SPREAD. 32 LANDSCAPE IMPROVEMENTS SYMBOL DESCRIPTION QTY 14 G ROLL TOP STEEL EDGING, STAKED 30" OC MAX.235 LF 1 2 3 32-01 REFERENCE NOTES SCHEDULE Parking Island Area (sf) OVERALL LANDSCAPING Site area Shade Trees (1/10) Required / Provided PARKING AREAS Spaces Provided No. of Vehicle SITE CATEGORY REQUIREMENTS RIGHT OF WAY LANDSCAPE Street Name or Zone Boundary (elev.)Street Classification Linear Footage Tree/Feet Required No. of Trees Req. / Prov. 14 1 / 1 96 / 96 - East 28,081 sf 2 / 2 Req / Provided Frontage Screening Parking Shrubs Required / Provided 336 Landscape % Req 20% / 5,616 sf Landscape % Prov 30.1% / 8,452 sf 6 / 6 * Req / Prov 56 / 138 Shrub Tree Req / Prov (1 / 1000 sf) Clear Creek Dr 8 / 6 *245 1 / 30Collector Area 78% Vegetated area 32% Non-living SYMBOL CODE QTY BOTANICAL / COMMON NAME CONT TREES EX-RET 6 TO REMAIN- PROTECT DURING CONSTRUCTION / EXISTING TREE TO REMAIN EX EVERGREEN TREES PPF 3 PICEA PUNGENS `ISELI FASTIGIATE' / BABY BLUE EYES BLUE SPRUCE 6` B&B SHADE TREES GTS 1 GLEDITSIA TRIACANTHOS INERMIS `SHADEMASTER` TM / SHADEMASTER LOCUST 2" B&B GD 1 GYMNOCLADUS DIOICA / KENTUCKY COFFEETREE 2" B&B SYMBOL CODE QTY BOTANICAL / COMMON NAME SIZE SHRUBS CMF 21 CHAMAEBATIARIA MILLEFOLIUM `FERNBUSH` / FERNBUSH 5 GAL ES 24 ERICAMERIA NAUSEOSA SPECIOSA / DWARF BLUE RABBITBRUSH 5 GAL FA 17 FALLUGIA PARADOXA / APACHE PLUME 5 GAL HP 19 HESPERALOE PARVIFLORA / RED YUCCA 1 GAL PGG 6 PICEA PUNGENS `GLOBOSA' / GLOBE SPRUCE 5 GAL GRASSES BB 30 BOUTELOUA GRACILIS `BLONDE AMBITION` / BLUE GRAMA 1 GAL NT 39 NASSELLA TENUISSIMA / TEXAS NEEDLE GRASS 1 GAL PERENNIALS CAM 3 CAMPSIS X TAGLIABUANA 'MADAME GALEN' / MADAME GALEN TRUMPET VINE 1 GAL EPA 23 ECHINACEA PARADOXA / BUSH'S CONEFLOWER 1 GAL IR 15 IRIS MISSOURIENSIS / WESTERN BLUE IRIS 1 GAL SPH 43 SALVIA PACHYPHYLLA / MOJAVE SAGE 1 GAL SYMBOL CODE QTY BOTANICAL / COMMON NAME CONT SPACING GROUND COVERS BD 1,033 SF BUCHLOE DACTYLOIDES 'SUNDANCER' / BUFFALO GRASS SEED CRU 1,110 SF CRUSHER FINES / COLOR TBD ROCK EXL-RE 478 SF EX LANDSCAPE / SHRUB BED -TO REMAIN / ON-SITE REPLACE ANY DEAD/DAMAGED MATERIALS AND PROTECT DURING CONSTRUCTION. AREA ON SEPARATE, EXISTING IRRIGATION SYSTEM FOR OVERALL DEVELOPMENT. EX EXT-RE 904 SF EX TURF TO REMAIN PROTECT IN PLACE, REPAIR/REPLACE ANY DAMAGED MATERIALS. AREA ON SEPARATE, EXISTING IRRIGATION SYSTEM FOR OVERALL DEVELOPMENT. ADJUST FOR NEW LAYOUT. EX MULCHES RMG 5,729 SF ROCK MULCH / 3/4" MOUNTAIN GRANITE MATCH ADJACENT SITES AND PLACE TO A UNIFORM DEPTH OF 3" OVER PERMEABLE WEED BARRIER FABRIC. MULCH WM 420 SF SHREDDED WOOD MULCH / WOOD MULCH GORILLA HAIR SHREDDED CEDAR MULCH PLACED AT 3-4" DEPTH. NO WEED BARRIER UNDER WOOD MULCH AREAS MULCH PLANT SCHEDULE * Existing ROW Landscaping has been installed and is maintained by the Metro District. MATURE SIZE H x W (feet) 3 X 3 6 X 6 3 X 3 3 X 6 2 X 1.5 50 X 30 20 X 15 2 X 3 1.5 X 2 VINE 50 X 30 2.5 X 3 5 X 5 2 X 3 * On Site Easements and Utilities Prohibitions Limit Viable locations for trees. HYDROZONE LOW LOW LOW LOW LOW LOW LOW LOW LOW LOW LOW LOW LOW LOW VERY LOW CO N S T R U C T I O N I N C . ww w . h a m m e r s c o n s t r u c t i o n . c o m CO L O R A D O S P R I N G S , C O 8 0 9 1 5 14 1 1 W O O L S E Y H E I G H T S VI C E P R E S : D A V I D J . H A M M E R S PR E S I D E N T : S T E V E R . H A M M E R S HA M M E R S (7 1 9 ) 5 7 0 - 1 5 9 9 F A X ( 7 1 9 ) 5 7 0 - 7 0 0 8 CO M M E R C I A L G E N E R A L C O N T R A C T O R S S P E C I A L I Z I N G I N D E S I G N / B U I L D © BONFIRE BURRITOS AT CLEAR CREEK CROSSING LOT 1, BLK 4, CLEAR CREEK CROSSING BEING A PART OF THE SE 1/4 OF SECTION 19, THE NE 1/4 OF SECTION, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO A SPECIFIC DEVELOPMENT PLAN IN THE CITY OF WHEAT RIDGE, CO 4 of 4 11-14-24/COMMENTS 11-12-24 7 NOTES: 1. DO NOT REMOVE OR CUT LEADER. 2 PRUNE ONLY DEAD OR BROKEN BRANCHES IMMEDIATELY PRIOR TO PLANTING. 3. DO NOT REMOVE ANY DOUBLE LEADER, UNLESS OTHERWISE DIRECTED BY OWNERS REPRESENTATIVE. 4. KEEP PLANTS MOIST AND SHADED UNTIL PLANTING. 5. AMENDED BACKFILL SHALL BE AS STATED ON THIS SHEET. 6. MARK THE NORTH SIDE OF TREE IN THE NURSERY, AND ROTATE TREE TO FACE NORTH AT THE SITE WHENEVER POSSIBLE. 7. PINE AND SPRUCE TREES TO BE SPRAYED FOR IPS BARK BEETLE PRIOR TO PLANTING. COORDINATE WITH CITY FORESTRY FOR CURRENT INSECT AND DISEASE RECOMMENDATIONS PRIOR TO PLANTING. 8. ALL TREES TO BE DEEP WATERED AT TIME OF PLANTING. EVERGREEN TREE PLANTING DETAIL NOT TO SCALE SECTION TRUNK FLARE MUST BE VISIBLE AT TOP OF ROOTBALL. POSITION ROOT FLARE AT GRADE. 3-4" DEPTH OF SPECIFIED MULCH. KEEP MULCH AWAY FROM CONTACT WITH WOODY TRUNK. DO NOT PLACE LANDSCAPE FABRIC UNDER MULCH. PROVIDE A 5-6' DIAMETER WOOD MULCH RING WITH A 6" PLANTING RIM FOR TREES IN DRYLAND PLANTING BEDS AND IN IRRIGATED NATIVE SEED AREAS WHERE IRRIGATION ZONES ARE TO BE SHUT DOWN AFTER ESTABLISHMENT. PROVIDE 6" RIM ON DOWNHILL SIDE ON SLOPES. NO RIM FOR TREES IN IRRIGATED TURF AREAS. SCARIFY SIDES OF PLANTING PIT. BACKFILL WITH AMENDED SOIL MIX. ROOTBALL SHALL REST ON FIRM, UNDISTURBED SOIL. AFTER TREE IS POSITIONED, REMOVE ALL TWINE, ROPE, PLASTIC, WIRE, BURLAP, AND RUBBER. SET TREE VERTICAL, STAKE TREES SMALLER THAN 6' WITH TWO POSTS ON THE LEEWARD AND WINDWARD SIDES; STAKE TREES 6' HEIGHT AND GREATER WITH 3 METAL ANGLE IRONS, PLACED 120 DEGREES APART. USE NYLON STRAP WITH GROMMETS BELOW MIDPOINT OF TREE. TIGHTEN #10 GUY WIRE BY TWISTING. PROTECT BRANCHES FROM TOUCHING WIRE. ALLOW A SLIGHT SAG FOR SWAY. PROVIDE FLAGGING FOR VISIBILITY. SET STAKES IN MINIMUM 18" FIRM SOIL. REMOVE STAKES WITHIN 12-18 MONTHS OF PLANTING. ORANGE FLUORESCENT FLAGGING ON WIRE FOR SAFETY. DECIDUOUS TREE PLANTING DETAIL SECTION SET TREE VERTICAL, STAKE UP TO 3" CALIPER TREES WITH TWO POSTS ON THE LEEWARD AND WINDWARD SIDES; STAKE TREES OVER 3" CALIPER WITH 3 EVENLY SPACED POSTS. USE NYLON STRAP WITH GROMMETS BELOW MIDPOINT OF TREE. TIGHTEN #10 GUY WIRE BY TWISTING. PROTECT BRANCHES FROM TOUCHING WIRE. ALLOW A SLIGHT SAG FOR SWAY. PROVIDE FLAGGING TAPE WITH MINIMUM 6" DANGLING. SET STAKES IN MINIMUM 18" FIRM SOIL. REMOVE STAKES WITHIN 12-18 MONTHS OF PLANTING. TRUNK FLARE MUST BE VISIBLE AT TOP OF ROOTBALL. POSITION ROOT FLARE AT GRADE. 3-4" DEPTH OF SPECIFIED ROCK MULCH. PROVIDE A 4' DIAMETER WOOD MULCH RING AND 6" PLANTING RIM FOR TREES IN DRYLAND PLANTING BEDS AND IN IRRIGATED NATIVE SEED AREAS WHERE IRRIGATION ZONES ARE TO BE SHUT DOWN AFTER ESTABLISHMENT. PROVIDE SAUCER ON DOWNHILL SIDE ON SLOPES. KEEP MULCH AWAY FROM CONTACT WITH WOODY TRUNK. DO NOT PLACE FABRIC UNDER MULCH. NO RIM FOR TREES LOCATED IN TURF AREAS. SCARIFY SIDES OF PLANTING PIT. BACKFILL WITH AMENDED SOIL MIX. ROOTBALL SHALL REST ON FIRM, UNDISTURBED SOIL. AFTER TREE IS POSITIONED, REMOVE ALL TWINE, ROPE, PLASTIC, WIRE, BURLAP, AND RUBBER. REMOVE TWINE FROM BRANCHES ON TREES TIED UP FOR SHIPPING. SPRAY WITH WILT PRUF OR EQUAL (IF LEAFED OUT). ORANGE FLUORESCENT FLAGGING ON WIRE FOR SAFETY. NOTES: 1. MARK THE NORTH SIDE OF TREE IN THE NURSERY, AND ROTATE TREE TO FACE NORTH AT THE SITE WHENEVER POSSIBLE. 2. AT TIME OF PLANTING, DO NOT REMOVE OR CUT LEADER AND PRUNE ONLY DEAD OR BROKEN BRANCHES, CROSS OVER BRANCHES, AND WEAK OR NARROW CROTCHES. SOME INTERIOR TWIGS AND LATERAL BRANCHES MAY BE PRUNED. HOWEVER, DO NOT REMOVE THE TERMINAL BUDS OF BRANCHES THAT EXTEND TO THE EDGE OF THE CROWN. 3. STRUCTURAL PRUNING SHOULD NOT BEGIN UNTIL AFTER ESTABLISHMENT PERIOD, USUALLY TWO GROWING SEASONS. 4. KEEP PLANTS MOIST AND SHADED UNTIL PLANTING. 5. DO NOT FERTILIZE FOR AT LEAST ONE GROWING SEASON. 6. AMENDED BACKFILL SHALL BE AS STATED ON THIS SHEET. 7. WRAP TRUNK ON EXPOSED SITES AND SPECIES WITH THIN BARK. USE ELECTRICAL OR DUCT TAPE, NOT TWINE. 8. COORDINATE WITH CITY FORESTRY FOR CURRENT INSECT AND DISEASE RECOMMENDATIONS PRIOR TO PLANTING. 9. DEEP WATER ALL PLANTS AT TIME OF PLANTING. SHRUB PLANTING DETAIL NOT TO SCALE SET SHRUBS VERTICAL. SHRUB SPACING AS PER PLANS. LAYOUT VARIES. FINISHED GRADE OF SHRUB BED TO BE 2" BELOW ADJACENT FINISH GRADE AT EDGE TO HOLD MULCH. PLANT TOP OF ROOTBALL AT GRADE. 3-4" SPECIFIED ROCK MULCH. PROVIDE 6" PLANTING RIM FOR SHRUBS NOT IN PLANTING BED. PROVIDE SAUCER ON DOWNHILL SIDE ON SLOPES. NO PLANTING RIM FOR SHRUBS IN PLANTING BED. KEEP MULCH AWAY FROM CONTACT WITH WOODY TRUNK. SCARIFY SIDES OF PLANTING PIT. BACKFILL WITH AMENDED SOIL MIX. ROOTBALL SHALL REST ON FIRM, UNDISTURBED SOIL. REMOVE ALL PACKAGING MATERIAL. FOR POT BOUND PLANTS ONLY: MAKE 4-5 VERTICAL CUTS IN ROOTBALL 1" DEEP. PLANT IMMEDIATELY. FOR ROOT BIND AT BOTTOM OF BALL: SPLIT ROOTBALL VERTICALLY FROM BOTTOM HALFWAY TO TOP. SPREAD THE TWO HALVES OVER A MOUND OF SOIL IN THE PLANTING HOLE. SECTION PLANT BED 12" MIN. MIN. 2X ROOTBALLMIN. 2X ROOTBALL L2.0L2.0 L2.0 SHREDDED REDWOOD / CEDAR / GORILLA HAIR MULCH ONLY SPECIFIED ROCK MULCH OVER WEED BARRIER FABRIC SHREDDED REDWOOD / CEDAR / GORILLA HAIR MULCH ONLY EXISTING TREES EXISTING TREES DESIGNATED ON PLANS AS "TO REMAIN", OR MARKED FOR PROTECTION AND PRESERVATION IN THE FIELD, SHALL NOT BE REMOVED OR DAMAGED. NO GRADING TO OCCUR WITHIN THE CRITICAL ROOT ZONE / DRIP LINE OF EXISTING TREES. ALL GRADING AROUND EXISTING TREES TO REMAIN SHALL BE APPROVED BY THE LANDSCAPE ARCHITECT. PRIOR TO CONSTRUCTION, ALL PROTECTED TREES SHALL HAVE ORANGE PROTECTION BARRIER FENCING ERECTED AT A HEIGHT OF 3' OR GREATER. FENCING TO BE SUPPORTED BY STURDY STOCK, CAPABLE OF SUPPORTING FENCING UNTIL ALL CONSTRUCTION OPERATIONS ARE COMPLETED. PLACE NO CLOSER THAN 6' FROM TRUNK, OR ONE HALF (1 2) OF THE DRIP LINE, WHICHEVER IS GREATER. WITHIN THE PROTECTED ZONE THERE SHALL BE NO MOVEMENT OF EQUIPMENT OR STORAGE OF EQUIPMENT, MATERIALS, WAIST, DEBRIS, OR FILL, UNLESS APPROVED BY THE LANDSCAPE ARCHITECT. AVOID CUTTING SURFACE ROOTS WHEREVER POSSIBLE. SIDEWALKS AND PAVING LEVELS SHOULD BE CONTOURED SUFFICIENTLY TO AVOID SUCH. ROOT CUTS FROM EXCAVATION SHOULD BE DONE RAPIDLY. SMOOTHE FLUSH CUTS SHOULD BE MADE. BACKFILL BEFORE ROOTS HAVE A CHANCE TO DRY OUT, AND THOROUGHLY WATER THE TREE IMMEDIATELY. 19. 20. 18. 7.FINE GRADE TO BE ESTABLISHED BY LANDSCAPE CONTRACTOR. FINE GRADE SHALL BE FREE OF ROCKS AND DEBRIS. FINE GRADE IN SEED AREAS SHALL BE FREE FROM ROCKS AND DEBRIS 12" AND GREATER. FINE GRADE IN SODDED AREAS SHALL BE FREE FROM ROCKS AND DEBRIS 14"AND GREATER. CONTRACTOR TO REPORT ANY POOR DRAINAGE CONDITIONS PRIOR TO CONSTRUCTION. GENERAL CONTRACTOR TO RE-SPREAD STOCKPILED SOIL AND ESTABLISH ROUGH GRADE CONDITIONS TO THE FOLLOWING SPECIFICATIONS: A. 1" BELOW CURB FOR ALL SEEDED AREAS. B. 2.5" BELOW CURB FOR ALL SODDED AREAS. C. 4" BELOW CURB FOR ALL PLANTING, ROCK AND MULCH BEDS. 4. 12.CONTRACTOR TO APPLY FERTILIZER IN SPRING & LATE SEPTEMBER. WATER THOROUGHLY AFTER APPLICATION OF FERTILIZERS. ALL SEEDED AND SODDED AREAS TO HAVE RECOMMEND FERTILIZER APPLICATIONS ADDED ONCE IN MID TO LATE JUNE AND ONCE IN LATE SEPTEMBER. WATER THOROUGHLY AFTER APPLICATION OF FERTILIZERS. ALL NURSERY STOCK TO CONFORM TO THE AMERICAN STANDARD FOR NURSERY STOCK (ANSI z60.1) AND THE COLORADO NURSERY ACT. REMOVED DEAD TWIGS AND BRANCHES FROM ALL NEW AND EXISTING PLANT MATERIAL IN A MANNER THAT DOES NOT CHANGE THE NATURAL HABIT OF THE PLANT MATERIAL. SCARES OF 1" OR MORE SHALL BE PAINTED WITH ORGANIC TREE PAINT. CENTRAL LEADERS SHALL NOT BE REMOVED AT ANY TIME. NEWLY PLANTED TREES WITHOUT CENTRAL LEADERS WILL BE REJECTED. STEEL EDGING TO BE USED TO SEPARATE ALL TURF AND/OR SEEDED AREAS FROM PLANTING BEDS. USE PERFORATED EDGING SEGMENTS TO OBTAIN POSITIVE DRAINAGE FOR ALL DRAINAGE SWALES OR AREAS OF STANDING WATER. ALL PLANT MATERIALS AND UTILITIES ARE SHOWN AT AN APPROXIMATE LOCATIONS. THE CONTRACTOR MAY NEED TO ADJUST LOCATIONS OF PLANT MATERIAL TO ADHERE TO SPECIFIC ON-SITE CONDITIONS AND CODE REQUIREMENTS. ALL TREES AND SHRUBS TO BE PLACES AT 2' MINIMUM BACK OF CURB. CONTRACTOR TO CALL FOR UTILITY LOCATES BEFORE PLANTING (TYP.) 1-800-922-1987, OR CALL 811 BEFORE YOU DIG! 17. 11. 14. 13. EXISTING TOPSOIL IS TO BE STOCKPILED AND USED TO ESTABLISH FINAL GRADES WITHIN LANDSCAPE AREAS. ALL STOCKPILED SOIL MUST BE CLEAR OF WEEDS, ROCKS AND DEBRIS BEFORE REUSE. ALL BERMED PLANTING BEDS TO BE CREATED WITH IMPORTED TOPSOIL. CONTRACTOR IS TO PROVIDE VERIFICATION THAT ALL SOD AND SEED IS OF THE SPECIES SHOWN ON THIS PLAN. NO SUBSTITUTIONS WILL BE ALLOWED. SOD TO BE LAID WITH TIGHT STAGGERED EDGES AND BE ROLLED AFTER INSTALLATION. SEEDED AREAS CANNOT BE SUBSTITUTED WITH SOD. 3. 8. 9. (Note: All references to "Contractor" are specific to "Landscape Contractor" unless notified as "General or other type of Contractor") CONTRACTOR IS RESPONSIBLE FOR VERIFYING QUANTITIES OF MATERIALS NEEDED TO COMPLETE THIS PLAN IN THE FIELD. NOTIFY LANDSCAPE ARCHITECT OF ANY DISCREPANCIES BETWEEN THE DRAWINGS AND CONDITIONS IN THE FIELD. SUBSTITUTIONS OF PLANT MATERIAL ARE NOT ALLOWED WITHOUT APPROVAL FROM LANDSCAPE ARCHITECT GIVEN PRIOR TO INSTALLATION. GRAPHIC QTY'S. PREVAIL OVER WRITTEN QTY'S. PRIOR TO COMMENCEMENT OF WORK THE LANDSCAPE CONTRACTOR SHALL CONTACT OWNERS REPRESENTATIVE FOR SPECIFIC INSTRUCTIONS RELEVANT TO THE SEQUENCING AND SCOPE OF WORK. 2. 1. CONTRACTOR IS RESPONSIBLE FOR CONTACTING LANDSCAPE ARCHITECT FOR ALL REQUIRED INSPECTIONS. PROVIDE AT LEAST 48 HOURS NOTICE TO SCHEDULE AN INSPECTION. REQUIRED INSPECTIONS INCLUDE A LANDSCAPE LAYOUT AND PLANT MATERIAL VERIFICATION AND PLACEMENT INSPECTION, IRRIGATION MAIN LINE INSPECTION, LANDSCAPE AND IRRIGATION PUNCH LIST INSPECTION, AND A LANDSCAPE AND IRRIGATION FINAL INSPECTION. SEED MIX INSTALLATION: CONTRACTOR TO DRILL SEED WITH BRILLION TYPE APPLICATOR AND APPLY 'SOIL GUARD' BONDED FIBER MATRIX (BFM), WHERE INDICATED PER PLAN AND SCHEDULES. APPLY SEED IN TWO DIRECTIONS (PERPENDICULAR OF THE OTHER) ADD SOIL GUARD BFM FOR DRILL SEEDING WHERE NOTED PER PLAN AND ON ALL SLOPES 5:1 TO 3:1. FOR AREAS WITH 3:1 SLOPES OR GREATER CONTRACTOR TO USE SOIL GUARD APPLICATION ONLY (IN LIEU OF HYDROMULCH) CONTRACTOR TO SPOT SEED NON-GERMINATING AREAS (3) MONTHS AFTER INITIAL SEED APPLICATION. CONTRACTOR TO RE-SEED ALL BARE AREAS (6"x6") AND GREATER AFTER (6) MONTHS FROM SEED GERMINATION OR AT THE BEGINNING OF THE FOLLOWING GROWING SEASON. PRIOR TO THE 11-MONTH WARRANTY INSPECTION RE-APPLY SOIL GUARD AND SEED MIX TO ALL BARE AREAS (6"x6" OR GREATER) AND TO ALL BARE AREAS (4"x4" OR GREATER) ON ALL SLOPES 3:1 AND GREATER. MAINTENANCE: THE OWNER OF THIS PROPERTY AND ANY FUTURE OWNERS SHALL BE RESPONSIBLE FOR THE PROPER LANDSCAPE AND IRRIGATION MAINTENANCE OF THIS SITE AND ANY RIGHT OF WAY AREAS BETWEEN THE CURB AND PROPERTY LINES OF THIS SITE. MAINTENANCE OF THIS SITE INCLUDES, BUT IS NOT LIMITED TO, IRRIGATION INSPECTIONS AND ADJUSTMENTS, IRRIGATION SYSTEM SHUT DOWN AND START UP, IRRIGATION LEAK REPAIR, LANDSCAPE WEEDING, MOWING, SEEDING, FERTILIZATION, WOOD MULCH AND ROCK COVER REPLACEMENT, PRUNING, AND PLANT MATERIAL REPLACEMENT (INCLUDING ANNUAL BEDS). ALL MAINTENANCE SHOULD BE IN ACCORDANCE WITH STANDARDS SPECIFIED WITHIN THE "ALCC SPECIFICATIONS HANDBOOK" REVISED EDITION- 1996. OWNER SHOULD CONTACT LANDSCAPE CONTRACTOR OR LANDSCAPE ARCHITECT REGARDING ANY QUESTIONS RELATING TO THE LANDSCAPE OR IRRIGATION MAINTENANCE OF THIS SITE. CONTRACTOR IS TO PROVIDE A ONE YEAR WARRANTY ON ALL PLANT MATERIAL, TURF, IRRIGATION COMPONENTS, AND WORKMANSHIP. REPLACEMENT PLANT MATERIALS SHALL BE OF THE SAME SPECIES AND SIZE AS THE DECAYED OR DEAD PLANT MATERIAL. WARRANTY IS VOID IF PLANT MATERIAL ARE UNDER OR OVER-WATERED/FERTILIZED, DAMAGED BY VANDALISM OR NEGLECTED BY OWNER AFTER FINAL MAINTENANCE PERIOD AND FINAL ACCEPTANCE IS PROVIDED. REMOVE ALL TREE STAKING MATERIALS AT END OF WARRANTY, PRIOR TO FINAL ACCEPTANCE CONTRACTOR IS RESPONSIBLE FOR INSTALLING ALL LANDSCAPE SHOWN ON THIS PLAN. ANY DEFICIENCIES OR DEVIATIONS FROM THIS PLAN ARE TO BE APPROVED BY OWNER'S REPRESENTATIVE OR LANDSCAPE ARCHITECT. ANY CHANGES FROM THE APPROVED PLANS MAY REQUIRE APPROVAL FROM THE CITY OR COUNTY PLANNING DEPARTMENTS. LANDSCAPE CONTRACTOR TO PROVIDE ALL LABOR AND MATERIALS NECESSARY TO FURNISH SCOPE OF WORK AS SHOWN PER PLAN. CONTRACTOR TO TILL PARKING LOT ISLANDS TO A DEPTH OF 30". CONTRACTOR TO PROVIDE COBBLE & UNDERLAYMENT FOR BUILDING DRAINS AND SWALES THROUGH LANDSCAPED AREAS. AMEND ALL PLANTING BEDS WITH CLASS 1 COMPOST. APPLY AT RATE OF 4 CYDS. PER 1000 SQUARE FEET TO ALL PLANTING BEDS AND MANICURED LAWN AREAS, AND 2 CYDS. PER 1000 SQUARE FEET FOR SEEDED AREAS. TILL, MIXING THOROUGHLY, INTO THE UPPER 8" OF SOIL. 6. 5. 10. 15. 16.ALL REQUIRED LANDSCAPING TO BE INSTALLED PRIOR TO ISSUANCE OF THE CERTIFICATE OF OCCUPANCY. IRRIGATION NOTES ALL TURF AREAS TO BE IRRIGATED WITH AN AUTOMATIC POP-UP SPRINKLER SYSTEM. ALL SHRUBS BEDS TO BE IRRIGATED WITH AUTOMATIC DRIP IRRIGATION SYSTEM. THE IRRIGATION SYSTEM IS TO BE ADJUSTED TO MEET THE NEEDS OF INDIVIDUAL PLANT MATERIAL. IRRIGATION SYSTEM TO BE ADJUSTED AS NEEDED FOR PLANT ESTABLISHMENT FOR A PERIOD OF AT LEAST ONE (1) YEAR. ADJUSTMENTS TO BE MADE AFTER ESTABLISHMENT BASED ON SPECIFIC PLANT REQUIREMENTS. SEE SUGGESTED RUN TIMES PROVIDED WITHIN THESE PLANS. DESIGN OF IRRIGATION SYSTEMS TO MEET OR EXCEED LOCAL REQUIREMENTS AND INDUSTRY STANDARDS. CONSTRUCTION DOCUMENTS SUITABLE FOR DEVELOPMENT COORDINATION TO BE PROVIDED. IRRIGATION SYSTEM TO BE DESIGNED USING APPROPRIATE COMPONENTS FOR PLANT MATERIAL, AND WILL INCLUDE A SMART ET CONTROLLER AND RAIN SENSOR. GENERAL NOTES TREES IN COBBLE/ROCK MULCH, SOD AND SEEDED AREAS TO RECEIVE 4' DIAMETER OF WOOD MULCH RING, 3" DEEP. SHRUBS AND GROUNDCOVERS IN COBBLE/ROCK MULCH SOD AND SEEDED AREAS TO RECEIVE A WOOD MULCH RING AT 2X DIAMETER OF ROOT BALL, 3" DEPTH. NO FABRIC UNDERLAYMENT IN WOOD MULCH RINGS. MULCHS: ALL PLANTING BEDS THAT CALL FOR WOOD MULCH TO RECEIVE 4" ORGANIC SHREDDED BARK MULCH. SHREDDED MULCH IS TO BE OF FIBROUS MATERIAL, NOT CHIPS OR CHUNKS. NO FABRIC IS TO BE PLACED UNDER WOOD/ORGANIC MULCH. ALL MULCHED BEDS ARE TO BE SPRAYED WITH WATER AFTER INSTALLATION TO HELP MULCH TO MAT DOWN. ALL AREAS THAT CALL FOR COBBLE/ROCK MULCH TO RECEIVE MIN. 3" DEPTH, UNLESS NOTED OTHERWISE. 1.NO SUBSTITUTIONS WITHOUT PREVIOUS APPROVAL OF LANDSCAPE ARCHITECT. UNAPPROVED DEVIATIONS FROM THIS PLAN WILL BE RECTIFIED AT CONTRACTORS EXPENSE. 2.CONTRACTOR TO PROVIDE ANALYSIS OF ANY AMENDMENTS PROPOSED FOR PLANTING AREAS PRIOR TO INSTALLATION OF SUCH MATERIALS. 3.ALL EMITTERS TO BE PLACED AT THE APPROPRIATE LOCATIONS. ALL EMITTERS TO USE MICRO TUBING, STAKES, AND BUG CAPS. 4.RETAIN 10% OF ALL PLANT TAGS PER SPECIES FOR DURATION OF WARRANTY PERIOD. PLAN NOTES: CO N S T R U C T I O N I N C . ww w . h a m m e r s c o n s t r u c t i o n . c o m CO L O R A D O S P R I N G S , C O 8 0 9 1 5 14 1 1 W O O L S E Y H E I G H T S VI C E P R E S : D A V I D J . H A M M E R S PR E S I D E N T : S T E V E R . H A M M E R S HA M M E R S (7 1 9 ) 5 7 0 - 1 5 9 9 F A X ( 7 1 9 ) 5 7 0 - 7 0 0 8 CO M M E R C I A L G E N E R A L C O N T R A C T O R S S P E C I A L I Z I N G I N D E S I G N / B U I L D © BONFIRE BURRITOS AT CLEAR CREEK CROSSING LOT 1, BLK 4, CLEAR CREEK CROSSING BEING A PART OF THE SE 1/4 OF SECTION 19, THE NE 1/4 OF SECTION, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO A SPECIFIC DEVELOPMENT PLAN IN THE CITY OF WHEAT RIDGE, CO 5 of Table 6. Calculating an Annual Water Budget Hydrozone Category Total Square Feet/Category Total Gals/Year/Category High Water Zones ___0__ SF x 18 Gals/SF =___0__ Gals/Year Moderate Water Zones ___0__ SF x 10 Gals/SF =___0___ Gals/Year Low Water Zones __8,254_ SF x 3 Gals/SF =_24,762__ Gals/Year Very Low Water Zones ______ SF x 0 Gals/SF =______ Gals/Year _8254__ SF Total All Zones _24,762__ Gals/Year Total All Zones __3.0__ Gals/SF/Year Average (Gals/Year Total All Zones divided by SF Total All Zones) HYDROZONE MAP NOT TO SCALEL2.0 1 VL L L L L L L L L L L L L 4 11-14-24/COMMENTS 11-12-24 7 STOPSTOP P1 @ 20'SC1 SC2 SC1 SC1 SC1 SC1 SC2 SC1 SC2 SC1 SC1 SC1 Property Boundary Property Boundary Property Boundary SC2 P2 @ 20' WP1 @ 19'-6" WP2 @ 16' (E) (E) 6 of 7 CO N S T R U C T I O N I N C . ww w . h a m m e r s c o n s t r u c t i o n . c o m CO L O R A D O S P R I N G S , C O 8 0 9 1 5 14 1 1 W O O L S E Y H E I G H T S VI C E P R E S : D A V I D J . H A M M E R S PR E S I D E N T : S T E V E R . H A M M E R S HA M M E R S (7 1 9 ) 5 7 0 - 1 5 9 9 F A X ( 7 1 9 ) 5 7 0 - 7 0 0 8 CO M M E R C I A L G E N E R A L C O N T R A C T O R S S P E C I A L I Z I N G I N D E S I G N / B U I L D © BONFIRE BURRITOS AT CLEAR CREEK CROSSING LOT 1, BLK 4, CLEAR CREEK CROSSING BEING A PART OF THE SE 1/4 OF SECTION 19, THE NE 1/4 OF SECTION, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO A SPECIFIC DEVELOPMENT PLAN IN THE CITY OF WHEAT RIDGE, CO Petrichor Solutions, LLC 6385 Corporate Dr. Suite 200 Colorado Springs, CO 80919 11/13/20 2 3 Scale:1"=20'-0" Site Photometric Plan1 General Notes A.Existing fixtures tagged with (E). All existing fixtures are for reference only and luminaire output is estimated. Scale:None DSX0 Area Luminaire (P1, P2)2 Scale:None OLLWU Sconce (SC1)3 Scale:None S WHS20 Barn Light (SC2)4 Scale:None WDG* Wallpack (WP1, WP2)5 4 11-14-24/COMMENTS 11-12-24 Planning Commission 14 Case No. WZ-23-12 / Bonfire Burritos at Clear Creek Crossing See attached. EXHIBIT 5: COLOR ELEVATIONS Planning Commission 15 Case No. WZ-23-12 / Bonfire Burritos at Clear Creek Crossing EXHIBIT 6: ACC APPROVAL LETTER MEETING DATE: December 19, 2024 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CREATING A NEW ARTICLE XIV ENTITLED “MIXED USE LUTHERAN LEGACY CAMPUS ZONE DISTRICT” AND MAKING CONFORMING AMENDMENTS THEREWITH CASE NO. ZOA-24-07 PUBLIC HEARING CODE CHANGE ORDINANCE Case Manager: Scott Cutler Date of Preparation: December 10, 2024 ______________________________________________________________________________ SUMMARY: This ordinance creates a new Article XIV (14) in Chapter 26 of the Code of Laws that establishes a new zone district, the Mixed Use Lutheran Legacy Campus (MU-LLC) zone district. The zone district regulations establish development standards for the future redevelopment of the Lutheran Legacy Campus based on the adopted Lutheran Legacy Campus Master Plan and City Council consensus. Approval of this ordinance will allow for the Lutheran Legacy Campus to be rezoned to the new MU-LLC zone district in the future. Notice for this public hearing was provided pursuant to the Code of Laws. BACKGROUND: On May 13, 2024, City Council passed Resolution 26-2024 in support of initiating a legislative zone change for the Lutheran Legacy Campus. The legislative zone change will be based on the Lutheran Legacy Campus Master Plan, adopted by City Council on October 25, 2021, through creation of a new mixed use zone district specifically for the campus. Staff presented a draft zoning framework to City Council on July 15, 2024 and Council gave consensus to proceed with the zoning framework presented, which follows the recommendations of the Master Plan. Council also gave direction on additional topics that were not specified in the Master Plan, such as signage and permitted uses. Staff presented the same zoning framework to Planning Commission on August 15, 2024, with additional details based on the proposed ballot question language. On September 17, staff presented an overview of the proposed zoning rules at the City Plan open house. This meeting also served as the required neighborhood meeting for the legislative zone PLANNING COMMISSION LEGISLATIVE ITEM STAFF REPORT ZOA-24-07 / MU-LLC Zone District 2 change. Owners and occupants within 1000 feet of the property were invited; over 1700 postcards were mailed. The public was also invited to comment about the zoning through an online form on What’s Up Wheat Ridge from September 3 to 17. On October 7, staff received consensus from City Council at a study session to continue drafting the regulations as presented, and staff presented the same regulations to Planning Commission on November 7. On November 5, Wheat Ridge voters approved a Charter amendment modifying the permitted heights on the campus, lowering permitted building heights for the first row of development on the east, west, and south sides, and raising permitted building heights in the center of the campus. Future Rezoning The City intends to legislatively rezone the campus to MU-LLC if the zoning regulations are adopted by City Council. The public hearing to adopt the MU-LLC regulations is scheduled for January 27, 2025. PROPOSED ORDINANCE: The Planning Division, with assistance from the city attorney, has developed a custom zone district for the Lutheran Legacy Campus which will comply with the recommendations of the Master Plan. The zoning regulations are similar to the current mixed-use zoning regulations in Article XI of Chapter 26 but is highly customized to include specific recommendations and requirements of the Master Plan. A new Article XIV (14) will be created in the zoning code, specific to the Lutheran Legacy Campus zoning to be named “Mixed Use – Lutheran Legacy Campus (MU-LLC)” zone district. Components of the ordinance are summarized below, organized into the proposed sections of Article XIV. The ordinance also includes draft graphics, and final modifications may need to be made to refine the graphics between the Planning Commission and City Council hearings. Section 26-1401 - Purpose Statement All zone districts include a purpose statement. The intent of this purpose statement is to recognize the goals of the Master Plan and zoning. Section 26-1402 - District Established This section establishes the MU-LLC zone district and overlay districts. This allows custom regulations to apply to different areas of the campus: • A “low-density overlay” will apply to the first row of development around the perimeter of the campus (east, west, and south) to ensure compatibility of land uses and building form, and to align with the approved Charter amendment regarding lower building heights around the perimeter. • The four zones presented in the Master Plan will be called “sub-districts” in the zoning code, enabling custom zoning regulations for each zone, particularly related to permitted uses and open space. ZOA-24-07 / MU-LLC Zone District 3 Section 26-1403 - Applicability This section is based on existing Section 26-1103, and describes how the MU-LLC standards apply to new development, to expansion of existing structures, and to nonconforming structures. This section specifically encourages the re-use of legally nonconforming or existing hospital structures such as the north tower, even though the City cannot require adaptive reuse. If the MU-LLC zoning is approved for the campus, it will result in some legal nonconforming uses and structures—those which currently exist on the property but are not permitted in the future, such as the West Pines inpatient behavioral health and substance use disorder clinic. Per this code section, the current use will be permitted to continue, but a new residential clinic and treatment center could not open once West Pines closes. Section 26-1404 - Building Height and Residential Density This section describes the permitted building heights throughout the campus. The regulations correspond with the approved Charter amendment with the goal of tapering height between the center and perimeter of the site. This approach allows a variety of building heights and ensures taller buildings are not adjacent to existing surrounding residential areas. • In the low-density overlay, height is limited to 2.5 stories and 30 feet. • In the areas where the Charter limit was lifted, height is limited to 70 feet (5 stories maximum). • In areas not exempted from the Charter limits and outside of the low-density overlay, height is limited to 35 feet for any building containing a residential use and 50 feet for non- residential buildings. (This aligns with current Charter limitations.) • Accessory buildings in any area are limited to 15 feet for an accessory building or 25 feet for a detached ADU above a garage. (This aligns with current regulations throughout the City’s residential zone districts.) This section also describes the density limitations. The campus as a whole cannot exceed 21 dwelling units per acre. This aligns with current Charter limitations. Section 26-1405 - Building Placement and Orientation This section contains requirements about building setbacks, placement of building entrances, activation of streets and open spaces, and standards for attached residential development. Thoughtful building placement and consideration of building entrances enhances the public realm and creates a walkable, human-scaled environment. The Master Plan calls for stricter requirements on the perimeter of the site and more flexibility in the interior, and this code section reflects that direction with a customized approach tailored for compatibility with existing adjacent neighborhoods on the west, south and north. The combined impact of this section and the following section (26-1406 regarding building design) is a set of strict requirements that mimic or even exceed the City’s current bulk-plane restrictions on residential development. The following setback requirements apply: • Along 38th Avenue: ZOA-24-07 / MU-LLC Zone District 4 o Minimum setback. New buildings must be set back as far from the street as they are tall. For example, a 70-foot tall building would need to be set back at least 70 feet from the property line. o Maximum setback of 140 feet to ensure new buildings are not set back too far from the street, but still allowing some parking between the building and the street. • In the eastern and southern low-density overlay (adjacent to Allison Ct, Zephyr Ct, Balsam Street, 33rd Ave, 32nd Pl, and Cody Ct): o Primary structures must be set back 30 feet from the campus boundary. This will ensure that a yard faces the adjacent backyards. This also ensures that the setback is similar to the maximum height of the building, which is 30 feet (2.5 stories) in this area. o Single-story accessory buildings (such as sheds and garages) must be set back 5 feet from the property line, which is the same requirement as in the adjacent R-2 zone districts. Taller accessory structures must be set back 15 feet. • In the western low-density overlay (parallel to Dudley Street): o Homes must have a front setback of at least 15 feet, and setbacks may not be the same as adjacent homes to ensure some visual variation along roadways. o Dudley Street will be required to have on-street parking on the east side and a continuous detached sidewalk. The setback will be measured from the back of the new sidewalk. • Interior setbacks: o In the interior of the site, setbacks align with the City’s current mixed-use standards. o 10 feet of separation is required between townhome buildings. o Side setbacks are a minimum of 5 feet. The following requirements apply to building orientation and building entrances: • Buildings must have at least one (1) entry that faces a public or private street or public open space. For non-residential buildings or multi-unit residential buildings, this entrance must be a public/primary entrance. This enhances the public realm and makes for easier wayfinding. • For consistency with existing homes on the west side, houses along Dudley Street must have their front door face Dudley Street. The only exception would be if open space is located along Dudley, then front doors may face that open space. Rear yards cannot face Dudley Street, which will prevent new development from “turning its back” on the neighborhood. Curb cuts will be limited on Dudley Street to minimize the appearance of garages and to minimize sidewalk conflicts. • In the interior of the site, buildings must be oriented towards streets and open space (including the internal trail network) instead of turning their backs on public spaces or having large front setbacks. • As described more in the parking section below, parking lots cannot be placed between the building and the street, which encourages an active and interesting street or open space frontage. This requirement is intended to be flexible and mimic the City’s current “build- to” requirement for mixed-use zones. ZOA-24-07 / MU-LLC Zone District 5 The City’s current design requirements for townhomes (Section 26-1105.F) apply to the campus to avoid “slot homes” and ensure that townhome front doors predominately face streets or open space. Section 26-1406 - Building Design, Form, and Materials This section describes requirements for building massing, façade, and materials; the building’s relationship to surrounding areas and the street; and how to emphasize human-scaled design. The following requirements apply for building design and form: • In the low-density overlay: o If structures are over 2 stories (up to the 2.5 story limit), pitched roofs are required. Flat or shed roofs are only permitted for single and two-story homes. o Rooftop or 2nd story decks are prohibited in the low-density overlay where new development directly abuts existing residential development. o Additional design requirements to prevent cookie-cutter designs: ▪ Adjacent residential structures shall not be matching designs. ▪ Adjacent residential structures shall have variety in material and color. ▪ Adjacent residential structures shall be offset from one another (i.e., the exact same setback from the street may not be used). ▪ Eaves are required for all pitched and shed roofs. ▪ Porches or other projecting features such as entry awnings are required for all residential structures. • For commercial uses: Transparency, human-scaled signage and lighting, enhanced entries, activated uses, and adjacent outdoor seating or spaces are all required. • For commercial and multi-unit residential: Material and material variation requirements apply. These standards generally match the existing code in Section 26-1106. • Screening of loading, service areas, and utilities is required. These standards match the existing code in Section 26-1106.F. Section 26-1407 - Parking Requirements, Design Standards, and Quantities This section includes all standards related to parking with the goal of containing parking impacts on site. Most parking requirements align with the existing code in Sections 26-1107 and 1109. The following requirements apply for parking: • Parking areas must be located to the rear or side of buildings and may not be placed between the building and primary streets and open spaces of the development. Surface parking areas that are not screened by buildings must include a landscape buffer and screen wall. The only exception to the parking placement requirement will be along 38th Avenue, where parking will be allowed in the front setback if screened, which reflects the current condition. • Shared parking is encouraged, and a regional parking approach is encouraged for commercial and civic uses, meaning common parking lots and not separate parking lots for each individual user or building to the greatest extent possible. Blanket parking easements with cross-access will be required for commercial surface parking. ZOA-24-07 / MU-LLC Zone District 6 • Traffic and parking studies are required with concept plan and site plan applications. The developer is responsible for any infrastructure improvements required to accommodate the proposed development including sidewalks, streets, and off-street parking. o Street parking may be included on adjacent public and private streets to accommodate guest parking. Visitor parking shall be provided throughout the development. o Parking must be self-contained, meaning no additional spillover into existing neighborhoods, with the exception of allowing street parking on the east side of Dudley Street. • The minimum and maximum parking requirements from Section 26-1109 apply, with some modifications and clarifications made for the types of uses allowed in the MU-LLC zoning. These requirements may need to be modified later in 2025 to comply with the State legislation omitting minimum parking requirements, but the maximum parking allowance can still apply. Maximum parking requirements ensure that developers do not build large swaths of parking which goes unused, which is typical of more suburban-style, big-box development. • The recently adopted bicycle parking and storage requirements and EV parking requirements in Section 26-501.E.4 and E.13 apply. Section 26-1408 - Site Circulation and Access This section includes requirements for vehicle, pedestrian, and bicycle access and networks. The following requirements are included for site circulation: • Prohibition on vehicular street connections to adjacent residential streets such as 34th or 35th Avenue at Dudley Street, 33rd Avenue or Balsam Street, Cody Court, and Allison Court. • Require a pedestrian and bike connection into the site at Dudley Street and allow at other locations. Secondary vehicular connections are allowed for fire/emergency access and/or indirect alley access; the latter would allow for alley-loaded garages, since garage doors and driveways cannot face Dudley Street. • Require pedestrian and bicycle connections throughout the site to allow access where vehicle access is more limited, including to open space, and to ensure people can easily enter and access the site from surrounding neighborhoods. • Prohibition on cul-de-sacs and requirement of through pedestrian and bicycle connections connecting to the larger network of paths if a street or alley must dead-end. • Limitations on curb cut spacing on public and private streets to reduce conflicts between vehicles and pedestrians. o Prohibit individual driveway/garage curb cuts on Dudley Street to ensure homes are alley-loaded and garages do not face Dudley Street. • Updates will be completed separately in the City’s Streetscape Design Manual to create requirements for new private streets and improvements to public streets within the campus. Section 26-1409 - Open Space and Landscaping Requirements This section establishes requirements for open space including requirements for parks and plazas to enhance the public realm. The Master Plan clearly establishes a community desire for public open space, so the MU-LLC code requires more than the City’s other mixed-use districts. ZOA-24-07 / MU-LLC Zone District 7 The following requirements apply for open space and landscaping: • Twenty (20) percent of the net development site area shall be publicly-accessible open space. Net development site area means the total site area less public rights-of-way and private streets (including the Parkways). o The term “publicly-accessible” open space recognizes that public open space may be owned and maintained by the City, or it may be owned and maintained by an HOA or metropolitan district with a recorded perpetual public access easement. • At least 75% of the required publicly-accessible open space shall be “usable” which includes areas that can be used for passive or active recreation, and matches the percentage required by Section 26-1110, such as: o Plazas, parks, outdoor dining areas, public courtyards, and community gardens. o Sport and play areas including athletic fields, playgrounds, and dog runs. o Walking paths or sidewalks at least 6 feet wide if part of a larger pedestrian or bicycle network (not just alongside a road). o Natural areas with native landscapes that abut a walking path. Areas that would not be considered “usable” would include the below, even if included in publicly-accessible tracts: o Steep slopes. o Parking lot islands, medians, and buffers. o Most water detention ponds. • Total open space and landscaping area on the site will exceed 20% due to additional private open space and landscaping including: o Private yard space on low-density residential lots and all landscaped setbacks on private lots (they do not count towards the overall 20% requirement since they are not accessible to the public). o Private amenity spaces for multi-unit residential buildings, such as pool decks, rooftop patios, or private courtyards, for the exclusive use of the occupants. o Required landscaping within streetscapes. o Landscaping which by virtue of its size and configuration does not qualify as publicly-accessible and/or usable open space such as parking lot islands or narrow landscape buffer strips. • Publicly-accessible open space shall be required along Dudley Street for at least 100 feet of street frontage with continuous ped/bike connections into the campus. • A regional stormwater system shall be provided, utilizing existing assets where feasible. Section 26-507 regarding low impact stormwater design shall apply. • All open space shall have a bike/ped route adjacent to it or through it, connecting to surrounding areas. • Xeric and waterwise plant materials are required. • A good faith coordination effort with Rocky Mountain Ditch shall be required to retain the open ditch and the trail amenity alongside the ditch to the greatest extent feasible. Additional regulations apply to ensure a trail is maintained along the ditch. • Publicly-accessible open space may fulfill a portion of the parkland dedication requirements of section 26-414, based on configuration, size, location, design, and amenities provided, at the sole discretion of the community development director. ZOA-24-07 / MU-LLC Zone District 8 • A tree preservation requirement applies to ensure the preservation of existing healthy trees over four (4) inch caliper, or replacement on a per-caliper basis. Section 26-1410 - Permitted Uses and Requirements for Mixed Use Development This section includes a list of permitted uses within the MU-LLC zone, including additional use restrictions within the low-density overlay. The section is similar to Section 26-1111 in Article XI, which is not intended to be overly prescriptive or exhaustive in providing a list of specific uses, but rather provide for a range of uses while emphasizing the importance of building form. Additionally, it requires a mix of uses in some sub-districts to ensure a range of uses is provided and the site will not be developed entirely as residential. The following requirements apply for permitted uses: • Allow for a wide range of uses, using the format of the permitted use chart from Article XI, especially within the interior of the campus in line with the suitability maps provided in the Master Plan. The table of uses is included in the ordinance. • Prohibit auto-oriented uses including drive-throughs, gas stations, car washes, auto repair and auto sales. • Limit uses within the low-density overlay to single-unit homes, duplexes, open space, and civic/institutional uses only (to match those allowed in standard low-density zones), to provide assurance to the community about what type of development will be next to them. No townhomes or apartments are allowed in the low-density overlay. • Ensure a mix of uses by requiring the development to provide at least 10,000 square feet of “sales tax generating uses” within sub-districts 2 and/or 4. This is different than the City’s typical mixed-use requirement and ensures that a minimum square footage is built, which has been refined since previous study sessions based on a market analysis. • Some uses require conditional approvals, following the current requirements of section 26- 1118, to give staff additional leverage and give the public additional protection, because the suitability maps in the Master Plan do not align perfectly with the sub-district boundaries. For example, retail uses in sub-district 4 may be appropriate in some areas near 38th Avenue and with certain designs but should be reviewed on a case-by-case basis. Section 26-1411 - Preservation of Existing Buildings The blue house, chapel, and tuberculosis tent were identified as key community assets with historic value through the master planning process, but they are not designated on any historic registers. Understanding that there is a strong community desire to preserve the structures in some capacity, this section includes the following requirements: • As part of the concept plan application, the developer shall provide justification as to how they intend to comply with the intent of the Master Plan and the Council resolution related to the existing assets. • Approval of the concept plan (which gets recorded) would then bind the developer to their commitment, and future site plan approvals shall show how the structures are being rehabilitated and/or incorporated into new development. o Commitments to reuse or preserve can also be documented through a development agreement between the City and developer, including some incentives to require preservation through Tax Increment Financing (TIF) agreements. ZOA-24-07 / MU-LLC Zone District 9 Section 26-1412 - Signs Signage is an important consideration for large-scale developments to ensure some unity in design and standards. The City’s sign code (Chapter 26, Article VII) is best applied to single buildings on single lots and less applicable to a campuswide development. Given the low-density nature of the surrounding area, the MU-LLC will regulate signage to ensure limited visual impacts to neighborhoods. This section includes the following approach to signage: • Prohibit electronic messaging center (EMC) signage. This type of signage can have greater impacts on the surroundings and is more appropriate in a purely commercial area. • Require downcast lighting for signs and limit internally illuminated wall signs. • Limit the height of monument signs for commercial and multi-unit development to be pedestrian-scaled. • Allow regional identification or gateway signage at primary site entrances to create branding for the overall development. • Require pedestrian-scaled wall signage including blade/arcade signs for commercial spaces. • Allow for significant flexibility on directional and wall signage to ensure buildings and tenant spaces internal to the site can be identified. Current code requirements are very prescriptive and do not work well for mixed use development. Section 26-1413 – Exterior Lighting This section includes standards for lighting, including any changes from the City’s standard lighting requirements. The requirements align with Section 26-1114, including the need for full- cutoff fixtures and no uplighting to ensure limited spillover and low impacts on the night sky. All lighting shall be energy efficient and comply with the City’s adopted building codes. Section 26-1414 - Site Plan Review This section requires review of site plans for individual buildings or regions of the campus. Although no changes were originally proposed to the City’s standard site plan review, after further discussions, staff is proposing to modify the site plan review process slightly to differentiate between projects only including single-unit homes and duplexes and other types of development. The intent is to allow concurrent review of single-unit/duplex subdivisions with civil construction drawings, without requiring detailed architectural and landscape plans, which are often only known at time of building permit. This is consistent with current practice. Section 26-1415 - Concept Plan Review This section requires the master developer to submit a concept plan application prior to platting, individual site plans, or building permit review. Specifically for this site, the concept plan must include: • A survey of existing conditions including buildings, topography and tree canopy cover. • Proposed circulation concepts including roads, access points, and major pedestrian routes. • Proposed building areas and/or preliminary land use concepts. • Open space concepts. • Traffic letter with specific land use assumptions. ZOA-24-07 / MU-LLC Zone District 10 • Drainage letter with specific land use assumptions. • Preservation concepts for the blue house, chapel, and TB tent. Because concept plans are the first opportunity for staff and the public to see a proposed development approach, a neighborhood meeting is required for the developer to present their plan. After the neighborhood meeting, the developer can submit the formal application and staff will review for compliance with the underlying zoning and the Master Plan. Once the concept plan is able to be approved, the City will notify adjacent property owners and occupants within 1,000 feet of the concept plan area, which is the same process as the City’s large subdivision notification. Additionally, amendments to an approved concept plan will require a new process, with a new neighborhood meeting and application. This will ensure that the community is aware of any overarching changes to the circulation, land use, open space, and preservation concepts. Section 26-1416 – Relief Process Administrative adjustments are minor adjustments to certain zoning standards intended to relieve unnecessary hardship in complying with the strict letter of the law, especially in cases where unique site or building characteristics exist. These types of minor adjustments include items like window transparency, minor setback changes, minor parking adjustments, building design, and landscaping types and quantities. This section will align with the relief already provided in Sections 26-502 and 26-1117. These adjustments can only be approved if the applicant proves that the alternate design is still consistent with the intent and goals of the MU-LLC zoning and concept plan. Relief from requirements not discussed in 26-1416 is not permitted (including building height); the intent is that administrative adjustments and variances are limited and that the standard regulations are followed. Section 26-1417 - Definitions Definitions not already within the municipal code (in Section 26-123 and 26-1119) will be added. For example, a new definition will need to be added to clarify what “publicly-accessible open space” is and how it is different from other types of open space. Conforming Amendments In order for the MU-LLC regulations to be successfully integrated into Chapter 26, several existing sections of the code need to be amended, called “conforming amendments.” The attached ordinance draft includes several amendments to existing sections of Chapter 26. These include cross-references to the MU-LLC zone district and other necessary updates to ensure the balance of Chapter 26 continues to function property with the addition of the MU-LLC zone district. RECOMMENDED MOTION: “I move to recommend approval of an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws creating a new Article XIV entitled “Mixed Use Lutheran Legacy Campus Zone District” and making conforming amendments therewith.” Exhibits: 1. Proposed Ordinance Page 1 of 32 ARTICLE XIV. MIXED USE LUTHERAN LEGACY CAMPUS DISTRICT Sec. 26-1401. Purpose. A.The purpose of the mixed use Lutheran Legacy Campus (MU-LLC) zone district is to support the redevelopment of the campus and to comply with the goals and intent of the adopted Lutheran Legacy Campus Master Plan. It shall create a flexible approach to land uses and promote development of the Lutheran Legacy Campus (“campus”) that: 1.Creates a balanced mix of land uses, including residential, institutional, civic, office, and neighborhood - serving commercial; 2.Improves the public realm through high-quality design; 3.Integrates existing assets, both built and natural; 4.Provides a network of open space, trails, and sidewalks; 5.Prioritizes pedestrians, bicyclists, and transit users; and 6.Respects the character and integrity of adjacent residential neighborhoods. Sec. 26-1402. District established. A.Mixed use Lutheran Legacy Campus (MU-LLC) zone district. This district is established to support redevelopment of the former Lutheran Hospital campus, generally bounded by W. 32nd Avenue, Dudley Street, W. 38th Avenue, Allison Court, and Zephyr Court, and to encourage a mix of uses, create buffers between new development and existing neighborhoods, and to provide substantial and meaningful open space throughout the campus. 1.Low-density overlay. This overlay shall apply to the first row of development on the east, south, and west sides as illustrated upon Figures 1 and 2, and defined as the buildings closest to the campus boundary regardless of setback. The requirements of the overlay are intended to ensure compatibility of land uses and building form with surrounding existing residential neighborhoods. 2.Sub-districts. Four sub-districts, numbered one (1) through four (4) and illustrated on Figure 3 shall determine the permitted uses within the MU-LLC zone district and in some cases, shall determine some development standards unique to that sub-district. Figure 1 DR A F T Page 2 of 32 Figure 2 Note: Graphic is in progress, which will illustrate an example of the low-density overlay and what the “first row of development” means. The graphic will be included in the final ordinance within first reading packet for the January 13 City Council meeting. Figure 3 Figure 3—Sub-District Boundaries: The internal boundaries defining the eastern edge of sub-district 1 and the western edge of sub-district 4 follow the “horseshoe” path of the existing parkway street network. The boundary between sub-districts 2 and 3 follows the centerline of the existing Rocky Mountain Ditch .DR A F T Page 3 of 32 Sec. 26-1403. Applicability. A. All standards and requirements within article XI shall apply to: 1. Site development; 2. Expansion of existing structures by more than fifteen (15) percent of the gross floor area. B. Legal nonconforming uses. Where a use lawfully existed at the time of rezoning of the subject property to the MU-LLC zone district, and which is not a permitted use at that time under section 26-1410, Permitted Uses, such nonconforming use may continue to operate and exist, subject to section 26 -120.C.6, and subject to the following. 1. A structure containing a nonconforming use may expand its gross floor area by a maximum of twenty - five (25) percent without requiring a change to a conforming use. 2. Legal nonconforming uses. The list below shall serve as a non-exhaustive list of legal nonconforming uses that currently exist on the property at the time of the adoption of this article but which are not a permitted use under section 26-1410: • Inpatient behavioral health and substance use disorders clinics; • Hospital; • Major utilities, such as the central utility plant for the hospital. 3. No use that lawfully existed at the time of rezoning of the subject property to MU-LLC shall be deemed a nonconforming use due to the requirement for a conditional use permit. However, if an existing use is designated as a conditional use in section 26-1410, any expansion of that use shall require a conditional use permit. C. Legal nonconforming structures. Where a structure lawfully existed at the time of rezoning of the subject property to the MU-LLC zone district, and which would not be allowed by the provisions within this article because of either building height, building placement or orientation, building design, parking placement or design, parking requirements, or site and vehicular access, such structure may continue to exist and may be enlarged, altered or added to provided that the alteration or addition does not increase the nonconformity. 1. Any new addition or expansion to a nonconforming structure shall comply with all provisions within this article, where practical. The community development director shall determine if there is a requirement that cannot be practically met. 2. Re-use of legally nonconforming structures shall be permitted and encouraged, including the hospital building and historical assets identified in section 26-1411. D. Wherever provisions within this article conflict with other articles in chapter 26, the provisions within article XIV shall apply. E. The illustrations that appear in this article are for illustrative purposes only. DR A F T Page 4 of 32 Sec. 26-1404. Building height and residential density. A. Principle. Building heights shall be tiered to ensure adequate transitions between larger and denser buildings at the center of the campus to shorter and less dense buildings at the perimeter of the campus. Taller buildings within the center of the campus allow for a diversity of building types and sizes, by keeping height in the center of the campus and tapering it off toward the edges to respect the surrounding community. B. The following table establishes required building heights, in maximum number of stories and maximum feet. Both the measurement types—maximum stories and maximum feet—shall apply. For example, a building in the “Charter-exempted area,” as defined at section 26-1417, may only be a maximum of five (5) stories and seventy (70) feet; a building that is 70 feet tall may not include additional stories in excess of five (5), even if additional stories may fit within the 70-foot height limit. Additionally, a five (5) story building may not exceed seventy (70) feet in height. Building heights may not be increased through the administrative adjustment or variance processes otherwise available at sections 26-1416 and 26-115. D. Building height and city charter. Where there is conflict regarding maximum building heights between this section and the city charter, the maximums established in the city charter section 5.10.1 shall apply. E. Residential density. A net density approach is permitted, whereby the overall campus is limited to 21 dwelling units per acre to comply with the limitations imposed by the city charter section 5.10.1. Dispersion or concentration of those units shall be permitted on individual lots, such that individual lots may be higher or lower than 21 dwelling units per acre, but the maximum number of dwelling units on the entire campus shall not exceed the acreage of the net site area multiplied by 21. For the purposes of this calculation, the net site area shall mean all land included in the MU-LLC zone district boundary, less any public right-of-way dedications. Sec. 26-1405. Building placement and orientation. A. Principle. In order to activate streets and open space and to enhance the pedestrian experience, buildings must be placed close to the street and pedestrian pathways and oriented toward the public realm. For areas adjacent to the perimeter of the campus, larger buffers are required to reduce impacts on existing established neighborhoods. B. Building setbacks. Setbacks establish the minimum distance between a building façade and the nearest property line. Front setbacks are generally not required except for some circumstances around the perimeter of the campus or for low-density uses; instead, building placement and orientation requirements established in subsections C and D require buildings to be built close to the street or publicly-accessible open space. 1. The following table establishes required building setback requirements for all structures in the MU -LLC zone district. Table 1: Building Height Maximums Low Density Overlay Non-Exempt Areas and Not in Low-Density Overlay Charter Exempted Areas Primary building(s) 2.5 stories (30’) Charter section 5.10.1 applies; limit of 35’ for any building containing a residential use, or 50’ for all other buildings 5 stories (70') Accessory building(s) 15', except detached ADUs which may be up to 25' 15', except detached ADUs which may be up to 25' 25’ DR A F T Page 5 of 32 Notes: (a) Required separation between single attached dwelling buildings shall follow the requirements of 26- 1405.E. (b) Additional building orientation requirements apply to Dudley Street. Refer to the building entrances requirement within this section. (c) Front setbacks for single- and two-unit dwellings shall vary by at least three (3) feet from adjacent primary structures. Refer to requirements in section 26-1406.G. Porches, patios, decks, stairs and balconies which are open on at least two (2) sides may encroach into a required front setback by up to a maximum of one-third (1/3) the distance to the closest property line. Table 2: Building Setbacks Building Setbacks (Primary Buildings) Low Density Overlay All Other Areas Minimum side setback 5', or 30’ from campus boundary in east and south low-density overlay 0' (a) Minimum rear setback 5', or 30’ from campus boundary line in east and south low-density overlay 0' (a) Minimum setback from 38th Avenue property line Equivalent to the height of the building, with some exceptions for tiered buildings; Refer to requirements below and Figure 4 Equivalent to height of the building, with some exceptions for tiered buildings; Refer to requirements below and Figure 4 Maximum setback from 38th Avenue property line 140’ 140’ Minimum front or side setback for any building abutting Dudley Street 15’ (b) (c) N/A Minimum front setback for single- and two-unit dwellings, all other locations 10’ (c) (d) 10’ (c) (d) Minimum front setback for multi-unit residential (including single attached) and nonresidential uses N/A No setback requirement. Building orientation and placement requirements apply. Building Setbacks (Accessory Buildings) Minimum side setback Single story: 5' or 0’ from edge of private alley 0' Two story: 5’ Minimum rear setback Single story: 5’, or 0’ from edge of private alley 0’ Two story: 5’, or 15’ from campus boundary line in east and south low-density overlay DR A F T Page 6 of 32 (d) Front setback shall not result in a driveway length that would allow vehicle parking in the driveway to block sidewalks, subject to review by the community development director. This requirement does not apply to alley-loaded garages. (e) If an applicable setback cannot be easily determined, the community develop ment director shall determine which setback applies. 2. 38th Avenue setback and stepbacks. New buildings shall be set back as far from the property line as they are tall. If a building is tiered, utilizing a design that steps back upper stories, the upper stories shall be stepped back from the edge of the façade the equivalent to the height they add to the building; the lower story setback is equivalent to the lower story height, and the upper story stepback is equivalent to the upper story height. Figure 4 Note: The graphic and caption below is a draft that was previously included in the Planning Commission study session memo. The graphic and caption is being refined and will be included in the final ordinance within first reading packet for the January 13 City Council meeting. Figure 4—38th Avenue setback and stepbacks. The top image illustrates that buildings must be set back as far from the street as they are tall (for example, a 70-foot tall building would need to be set back at least 70 feet from the property line. The bottom image illustrates upper story stepbacks, which means that if the building is tiered, the DR A F T Page 7 of 32 lower story setback is equivalent to the lower story height, and the upper story stepback is equivalent to the upper story height. C. Building entrances. All buildings shall have at least one (1) entry that faces a street or a publicly-accessible open space. 1. For non-residential buildings or multi-unit dwellings, this entrance shall be a public/primary entrance available to all tenants, customers, residents, and guests and is not permitted to be a “back -of-house” or delivery-only entrance. For corner lots with more than one (1) street frontage, the public entry may be oriented toward the corner. 2. For development sites with more than one (1) structure, those buildings that do not directly front a street shall have at least one (1) primary entrance that adjoins a pedestrian walk of at least five (5) feet in width. The primary entrance shall be connected to the street by a walkway at least five (5) feet in width that is clearly defined and separated from parking areas. 3. Within the low-density overlay along Dudley Street, buildings shall be required to have their front door face Dudley Street and/or the required publicly-accessible open space(s) on Dudley Street. Sides of buildings may be permitted to face Dudley Street only if their front doors face a publicly-accessible open space in the form of a pocket park, cottage court, or similar. Rear yards and garage doors shall not face Dudley Street. Figure 5 Note: Graphic is in progress, which will illustrate an example of the allowed front door orientation along Dudley Street. The graphic will be included in the final ordinance within first reading packet for the January 13 City Council meeting. D. Building orientation and parking lot visibility. Buildings shall be predominately oriented toward the street or publicly-accessible open space, encouraging an active and interesting street or open space frontage. The requirements of this section shall apply in lieu of a prescriptive build-to requirement, but shall serve the same purpose of requiring buildings to be built close to the street and publicly-accessible open space. 1. Off-street parking lots shall be located to the rear and side of buildings pursuant to the requirements of section 26-1407.B. 2. Building facades must meet the design requirements of section 26-1406.C. The entire façade does not need to be placed at the edge of a street or open space, allowing for some building façade variation including exposed courtyards, and breaking up an otherwise continuous street wall. 3. The community development director shall determine whether a building is placed and oriented appropriately in order to meet the intent of this section. 4. A low screen wall, fence, or garden wall may not be used as a substitute alone for a building meeting orientation requirements. 5. Accessory buildings shall not be located between the primary building and the street with the following exceptions. • If part of an outdoor gathering or dining area such as a freestanding patio cover or pergola , which may be used to meet building orientation requirements. • If a kiosk-style building that includes an active public commercial use such as retail or food and/or beverage sales. E. Attached residential development. The following requirements shall apply to single attached dwellings as defined in section 26-1119. DR A F T Page 8 of 32 1. For units adjacent to streets or publicly-accessible open space, front doors shall be located on the façade that faces the street or publicly-accessible open space. For developments with more than one (1) building, street- or open space-facing orientation of front doors is not required for all buildings or dwelling units but shall be the predominant orientation in that sub-district, as determined by the community development director. 2. Structures shall be comprised of no more than eight (8) side -by-side units. 3. Separation between primary structures shall be a minimum of ten (10) feet. F. Minimum lot widths in the low-density overlay. The following requirements shall only apply to single-unit dwelling and duplex uses within the low-density overlay to ensure compatibility with existing residential development: 1. Lots containing a single-unit home must be at least fifty (50) feet in width. 2. Lots containing a duplex must be at least seventy-five (75) feet in width. Sec. 26-1406. Building design, form, and materials. A. Principle. Quality architecture is a vital component to creating a unique sense of "place." Creative design that pays careful attention to the building's contribution to the public realm — through massing, form, materials, and its relationship to the street or open space — is required. Additional design considerations must be made for lower-density residential uses to ensure variety in design. B. Applicability. The requirements of subsections C, D, E, and F shall apply to all nonresidential buildings, mixed- use buildings, multi-unit residential buildings, and single attached dwellings. The requirements of subsection G shall apply to single detached dwellings and duplexes. C. Façade design and articulation. 1. All façades of a building shall provide a level of finished architectural quality and be designed to human scale. Each façade shall contain at least one (1) change in color or texture and rooflines shall include variation on all façades. Additional detail should be incorporated into the façade design by the use of at least three (3) of the following methods: • Reveals. • Belt courses. • Cornices. • Expression of a structural or architectural bay. • Articulation of windows and doorways, which may include sills, mullions, or pilasters that create a three-dimensional expression. • Change in material. 2. All façades of a building that face a street or a publicly-accessible open space shall have at least one (1) variation in plane depth of at least one (1) foot for every fifty (50) linear feet of the length of the façade. All other façades shall have one (1) variation in plane depth of at least one (1) foot for every one hundred (100) linear feet of the length of the façade. Any portion of a façade that is a glass curtain wall shall be exempted from this requirement. For single attached dwellings as defined in section 26-1119, the façade(s) containing front doors shall have a change in plane depth of at least one (1) foot for every unit. This may be achieved by a change in the wall plane within a single unit facade or by varying the plane depth of adjacent units. See Figure 6. DR A F T Page 9 of 32 Figure 6 Figure 6—Variation in Plane Depth for Single Attached Dwellings: For the building on the left, changes in plane depth occur by varying the plane depth of adjacent units. For the building on the right, changes in plane depth occur within each unit facade. The requirement to vary plane depth does not necessarily require offsets in the building foundation and may be achieved by a variety of articulation and design elements noted in subsection 26- 1406.C.3, below. 3. Non-permanent features such as canopies and awnings will not qualify as variation. Plane depth variation may be accomplished through elements such as: • Recessed entries. • Porticos. • Projecting porches. • Upper level stepbacks. • Dormers. • Offsets in the general plane of the façade, including columns, pilasters, protruding bays, reveals, fins, ribs, balconies, cornices or eaves. 4. The primary entrance of a building shall be emphasized through at least two (2) of the following architectural elements: • Changes in wall plane or building massing. • Differentiation in material and/or color. • Higher level of detail. • Enhanced lighting. This requirement for an entry feature shall also apply to the primary exterior entrances for single attached dwellings. 5. Parapet walls shall extend back at least three (3) feet so as not to appear as a false front, either by wrapping the wall around the corner or utilizing a deeper parapet wall. D. Materials. DR A F T Page 10 of 32 1. Only primary building materials shall be used for all façades. Primary building materials include, but are not limited to: • Brick. • Stone. • Architectural pre-cast concrete. • Synthetic brick and masonry materials, subject to the approval of the community development director to ensure quality. • Synthetic wood siding materials, subject to the approval of the community development director to ensure quality. • Hard coat stucco. • Integral textured colored concrete block. • Terra-cotta. • Architectural metal panels. • Cement board siding or board and batten, with the following additional requirements: ◦ Shall only be used as a material if additional primary materials such as brick, stone, or stucco are also used on the façade. ◦ Shall not exceed seventy-five (75) percent of any façade facing a public street or publicly accessible open space. ◦ Shall not be the predominant material on a public-facing ground floor façade. 2. Materials that are not allowed include, but are not limited to: • Plywood paneling. • Vinyl and aluminum siding. • Un-articulated large format concrete panels. • Exterior insulating finishing system (EIFS) or other synthetic stucco products. 3. Material variation: All building façades that face a street or publicly-accessible open space shall have at least one (1) change in material for each ten (10) feet (and portion thereof) of wall height. A change in material must be at least twelve (12) inches in height. Masonry patterns, such as headers or rowlocks, can count as a change of material. Windows, canopies, and doorways will not count as a change in material. • As an exception, building façades may be predominantly brick or masonry materials and no material variation shall be required, provided changes in the brick pattern (such as headers or rowlocks) are included. This exception shall not apply to synthetic brick or masonry materials. • For EVCS canopies or carports, primary materials such as brick or stone shall be required around the canopy structure, for the total height of the support structure. 4. Accessory buildings: Accessory structure(s) shall have exterior materials that are architecturally compatible with the primary structure(s). E. Windows and transparency. 1. Transparency shall be calculated as the percentage of clear, non -reflective glass within the area between three (3) feet and eight (8) feet above the first floor finished elevation. Transparent doors and window mullions shall count as part of the transparent area. Structural elements and opaque or reflective glass shall not count toward the transparency requirement, except that up to twenty (20) DR A F T Page 11 of 32 percent of the transparency requirement for any, one (1) façade may be fulfilled by spandrel glass. The percentage of non-reflective spandrel glass used may be increased in limited circumstances if back-of- house portions of buildings must face a public street or publicly-accessible open space, subject to the approval of the community development director. 2. Retail uses. The façade with the primary entrance shall be at least sixty (60) percent transparent. All other façades facing a street or publicly-accessible open space shall be at least thirty (30) percent transparent. 3. All other nonresidential uses (excluding retail). The façade with the primary entrance shall be least forty (40) percent transparent. All other façades facing a street or publicly-accessible open space shall be at least twenty-five (25) percent transparent. 4. Glass display cases may count toward the transparency requirement only if they give the appearance of windows, are at least eighteen (18) inches deep, and are maintained with items of interest, including window display graphics. 5. For retail uses, all ground floor windows shall be a minimum of five (5) feet in the vertical dimension. 6. For nonresidential uses (including retail) on corner lots, the minimum transparency required for the façade with the primary entrance may be transferred to another façade facing a street or publicly- accessible open space provided that the transparency on the façade with the primary entrance is not less than thirty (30) percent. 7. Windows shall be recessed to not appear flat with the building façade. For commercial buildings, windows shall be recessed at least two (2) inches. For residential buildings, including multi -unit residential, windows shall be recessed at least three-quarters (3/4) inch. Window details shall be provided for review with the applicable site plan or building permit application. F. Screening—Loading, service areas, and utilities. 1. All loading docks, utility structures, and other service areas associated with a building shall be fully screened from view by walls or fences. 2. Screening elements shall be composed of materials consistent with the primary building. Wood and vinyl fences shall not be allowed as screening materials, with the exception of four (4) foot tall wood fences being permitted to screen ground-mounted air conditioning units for residential development. Screen walls and fences over ten (10) feet in length shall be bordered by a minimum four-foot-wide landscape buffer. 3. Trash enclosures shall be compatible with the building design and materials and screened with full wall enclosures. Such enclosures may not be located between the building façade and the street. Wood fences or chain link fences shall not be permitted as trash enclosures. 4. All screening elements shall be at least as tall as the object (e.g. trash enclosure, loading dock, or utility structure) being screened. 5. Rooftop equipment shall be screened by parapets or enclosures. Screening elements shall be composed of forms, materials, and colors that are compatible with the architectural qualities of the building, including materials, scale, form, and color. The screening element shall be at least as tall as the item being screened and may be shorter than the equipment only if the equipment is set back so that it is not visible from an adjacent street or publicly-accessible open space, to be demonstrated by drawings by the applicant. The community development director may reduce or waive these screening requirements in the following circumstances: • The equipment is not visible from the street, existing residential development, or adjacent publicly-accessible open spaces, to be demonstrated by drawings by the applicant. DR A F T Page 12 of 32 • For existing buildings, the existing condition and construction of the roof makes attaching a new enclosure impractical or would compromise the integrity of the roof membrane. • For existing buildings, there is existing unscreened rooftop equipment and screening new facilities would result in a more conspicuous design. 6. Wherever possible, exterior utility boxes and above-ground utility installations shall be located to the side or rear of buildings, and not visible from an adjacent street or publicly-accessible open space. If not possible, screening utilizing fencing and/or landscaping shall be required to the greatest extent feasible. G. Design requirements for single detached dwellings and duplexes. 1. Adjacent residential structures shall have variety in material, color and/or design such that they do not appear to be matching or identical. This variety may be achieved by a combination of different design elements, materials and/or colors. 2. No two adjacent residential structures shall have the same front setback. Front setbacks shall vary a minimum of 3 feet. 3. Minimum 12-inch eaves shall be required for all pitched and shed roofs. 4. Porches or other projecting features such as entry awnings shall be required for all dwelling units. 5. Wherever possible, garages should be accessed from rear alleys and garage doors should not face the street. 6. Within the low-density overlay, the following additional requirements shall apply: a. Primary structures are limited to 2.5 stories and 30 feet. Where a half story is utilized, it shall meet the following requirements: • The total gross floor area of the half story shall be no greater than 75 percent of the gross floor area of the story below. • The half story shall be fully contained within the form of a pitched roof. Dormers are permitted, measuring no more than eight (8) feet wide and six (6) feet tall, as measured from the lowest point of the intersection between the roof and the dormer to the mean height level between the eaves and ridge of the roof; and, occupying no more than fifty (50) percent of the roof. • For duplexes, the half story must be contained within the same dwelling unit as the floor below it. b. If structures are over two (2) stories, up to the 2.5 story limit, pitched roofs are required. Flat and shed roofs are only permitted for one (1) and two (2) story homes. c. Rooftop or second-story decks shall be prohibited on the side(s) of the building which directly abut(s) existing residential development. d. For dwelling units on Dudley Street, garage doors shall not face the street and must only be accessed from a rear alley. Figure 7 Note: The graphic below is a draft that was previously included in the Planning Commission study session memo. The graphic and is being refined to more accurately reflect the code requirements and will be included in the final ordinance within first reading packet for the January 13 City Council meeting. DR A F T Page 13 of 32 Figure 7—2.5 story house. 7. The façade design and material requirements of subsections C, D, E, and F shall not apply, except for the prohibited materials listed in subsection D. 8. Accessory buildings. Accessory structure(s) shall have exterior materials that are architecturally compatible with the primary structure(s). 9. Wherever possible, exterior utility boxes and above-ground utility installations shall be located to the side or rear of buildings, and not visible from the street or publicly-accessible open space. If not possible, screening utilizing fencing and/or landscaping shall be required to the greatest extent feasible. Four (4) foot tall wood fences are permitted to screen ground-mounted air conditioning units. Sec. 26-1407. Parking requirements, design standards, and quantities. A. Principle. Streets and open spaces are more vibrant and interesting to people if they are lined with buildings and active uses. Surface parking shall be located behind buildings, toward the interior of lots, and shall be screened from view from adjacent streets and publicly-accessible open space. Structured parking shall be placed to minimize impacts on surrounding development and be designed to be compatible — in terms of form, materials, and architectural style — with adjacent development. Large areas of parking encourage automobile use and detract from the land available for high quality development. Strategies to utilize parking areas effectively — such as shared parking and parking structures — are highly encouraged. The purpose of these requirements is to limit off-campus impacts and parking spillover and ensure high utilization and efficiency of parking areas. B. Surface parking placement. Parking areas shall be located to the rear or side of the building, and shall not be located between a building and a street. For properties with more than one (1) building, parking is not allowed in front of the building(s) closest to the street, but is allowed in front of permitted buildings interior to the development site as long as that parking is not between the building and another street (Figure 8). 1. As an exception to this rule, parking may be placed between buildings and 38th Avenue within the required building setback on this frontage. The surface parking buffer and screening requirements of this section shall apply. DR A F T Page 14 of 32 Figure 8 Figure 8: Off-street Parking Location. Parking must be to the rear or side of buildings closest to a street. C. Surface parking buffers and screening. 1. Where a surface parking lot must directly abut a street or publicly-accessible open space, one (1) or more of the following screening elements shall be used: • Minimum five-foot wide landscape buffer with regularly spaced trees and/or shrubs to soften the parking edge. • A vertical screening device, thirty (30) to forty-two (42) inches in height (and in compliance with the sight triangle requirements of section 26-603). The screening device may be a continuous masonry wall constructed of stone, brick, or split-face concrete block, a combination masonry pier and decorative iron railing, or any other decorative and durable screening device that is consistent with the materials of the primary building. Wood, chain link and vinyl picket fencing shall not be permitted. • Where a parking lot's frontage along the street or publicly-accessible open space is greater than twenty (20) linear feet, no more than thirty (30) percent of the screening requirement may be fulfilled by a landscape buffer alone. 2. Where a surface parking lot boundary abuts a residential use, a minimum ten (10) foot wide landscape buffer is required between the parking lot and the adjacent property line. This width may be reduced to six (6) feet if an opaque six (6) foot fence or decorative wall is placed at the property line. The landscape buffer shall contain regularly spaced trees and/or shrubs (Figure 9). DR A F T Page 15 of 32 Figure 9 Figure 9: Parking Lots Adjacent to Residential Use. Such parking areas require a minimum six-foot landscaped buffer and screen wall between the parking area and residential use. D. Surface parking design. 1. Parking areas shall meet the requirements for the design of off-street parking — including surfacing, landscaping, lighting, and space/aisle dimensions — stated within section 26-501.E.5., section 26- 501.E.6, section 26-501.E.7 and section 26-501.E.11. 2. Permeable paving is encouraged, subject to review and approval by the Engineering Division and applicable fire department. 3. Parking areas over ten thousand (10,000) square feet shall contain a well-defined pedestrian walk, whether by change in paving material or landscaping, that connects the parking area to the adjacent street and the building(s) on site. The community development director may determine that parking lots smaller than ten thousand (10,000) square feet must include a pedestrian walk. E. Parking structure design. 1. Parking structure design shall be compatible with adjacent buildings in terms of form, massing, scale, materials, and façade articulation. 2. Wherever possible, parking structure facades shall not be visible from a street or publicly -accessible open space. If a parking structure façade is visible from a street or publicly-accessible open space, it shall be subject to the following requirements: a. Spandrel panels or opaque screening systems, such as louvers, at least thirty -six (36) inches in height shall be used to screen vehicles from view on all levels. b. Shall be orthogonal in composition so that ramping systems are not visible (Figure 10). c. Shall include a minimum of three (3) architectural elements that provide variety and human scale, including: DR A F T Page 16 of 32 • Articulation of façade and inclusion of columns and bays; • Differing patterns or sizes of openings; • Changes in plane of walls; • Changes in material, pattern, or color; • Expression of material or cladding system modules; • Joint patterns and attachment details; • Art or ornamentation integral with the building. 3. Wherever possible, especially for parking structure façades that face a street or publicly-accessible open space, the ground floor of the parking structure should incorporate retail, commercial, or other nonresidential uses to help activate the frontage. Alternatively, a parking structure can be wrapped with multi-story residential uses. 4. Any ground-level façade of a parking structure that is visible from the street or publicly-accessible open space and does not provide retail, commercial, other active ground floor uses , or is wrapped with multi-story residential, shall include at least two (2) of the following design features: • Façade articulation through change in vertical plane or a change in building material. • The use of windows or false windows defined by frames, lintels, or sills. • Integration of multiple building entrances. • Buffering along the street edge with landscaping, street trees, green walls, or trellises with vines. Figure 10 Figure 10: Parking Garage Design. The image on top illustrates a garage façade with an expressed ramping system, which is not allowed. The image below illustrates the same garage with a façade that is orthogonal, with all floors at ninety (90) degree angles. DR A F T Page 17 of 32 F. The following table specifies the number of parking spaces required by general use group. Table 3: Parking Requirements Use Group Minimum Required Parking Maximum Allowed Parking Lodging — Hotels or bed and breakfast 1 space per 2 rooms 1.5 spaces per room Office/bank 2 spaces per 1,000 square feet 5 spaces per 1,000 square feet Assembly space including theaters and places of worship 1 space per each 5 seats 1 space per 2 seats Residential 1 space per unit 2.5 spaces per unit Residential, deed-restricted affordable 0.5 spaces per unit or 0.25 spaces per unit if within ¼ mile of a fixed guideway transit station or bus rapid transit 2 spaces per unit Restaurant 4 spaces per 1,000 square feet 10 spaces per 1,000 square feet Retail or personal services 3 spaces per 1,000 square feet 5 spaces per 1,000 square feet All other uses Uses not specifically listed above shall submit a parking analysis as part of development review for approval by the Community Development Director Note: Square feet is measured as the gross interior floor area of the entire building or portion of building devoted to a specific use or uses, less the following: mechanical/utility rooms, restrooms, elevators, stairwells, show windows, hallways, common areas such as building lobbies, and kitchen areas. For the purpose of estimating parking requirements where detailed calculations for the above -stated exceptions are lacking, it shall be assumed that such excepted space covers no more than ten (10) percent of gross floor area. G. On-street parking. On-street parking spaces directly abutting the use may count toward the total number of required parking spaces and may also count as guest parking. H. Off-property parking. If the campus is platted and buildings are built on separate lots, parking requirements for a particular building may be met off-property, meaning on another property within the campus, up to a walking distance of one thousand (1,000) feet via a publicly accessible route from the property, so long as such parking is subject to an off-property parking agreement. The publicly accessible route must be approved by the community development director. The off-property parking agreement must be submitted for approval by the community development director and, once approved, recorded against all properties subject to the agreement. I. Shared parking. Shared parking is permitted and strongly encouraged. Shared parking shall be approved subject to the review and approval of a shared parking study citing the currently adopted version of the Urban Land Institute (ULI) accepted shared parking ratios. For commercial, hospitality, and office uses as categorized in the permitted use chart in section 26-1410, cross-access shall be required within and between parking and vehicular access areas to ensure efficient parking layouts and connections between uses. J. Accessible parking shall be provided in accordance with section 26-501.E.9. K. Off-street loading shall be provided in accordance with section 26-501.E.8. L. Bicycle parking. Bicycle parking shall be provided in accordance with section 26-501 E.4. M. The community development director shall have authority to request that on -site visitor parking or loading areas be provided if there are no on-street parking spaces abutting the use or if the parking is predominantly provided in private garages. Visitor parking shall be provided throughout the campus. N. Electric vehicle (EV) parking shall be provided in accordance with section 26-501 E.13. DR A F T Page 18 of 32 Sec. 26-1408. Site circulation and access. A. Principle. Access and circulation for automobiles shall be designed to minimize the number of curb cuts, increase connectivity, and encourage shared access points from streets so that disruptions to the pedestrian environment are minimized. A well-connected network of accessible pedestrian and bicycle paths shall be prioritized, connecting to site amenities and open spaces. B. Block layout. A well-connected network of gridded streets and alleys shall be provided. Cul-de-sacs shall be prohibited; a street may only dead-end subject to approval of the community development director and a dead-end street shall still provide a through pedestrian and bicycle connection to the larger network of paths. C. Curb cuts. For new development along existing streets, where a curb cut already exists, the number of curb cuts to the site may not be increased, to the extent feasible. Where possible, existing curb cuts should be consolidated. 1. Wherever possible, vehicular access to a site or building shall occur through an alley, rather than by a curb cut from the street. 2. Curb cuts along a secondary street, rather than a primary street, are encouraged. 3. Driveway curb cuts for individual dwelling units are prohibited on Dudley Street. All garages must be accessed through a rear alley. Refer to subsection E. D. Vehicular entrances. Vehicular entrances to buildings and parking garages that contain a ramp shall be screened from view of the street or adjacent publicly-accessible open space. Where a vehicular entrance or ramp directly abuts a pedestrian walk, appropriate cautionary signs shall be used to alert pedestrians of the presence of vehicles and to inform drivers that pedestrians have the priority. E. Vehicular connections to adjacent residential development. Vehicular street connections shall be prohibited to streets in adjacent residential development, including Dudley Street, Cody Court, Balsam Street, W. 33rd Avenue, Ammons Court, Allison Street, and Allison Court. Pedestrian and bicycle connections to these streets are permitted, and in some cases, required. The prohibition of a direct vehicular street connection to Dudley Street shall not prohibit a secondary vehicular connection to be allowed for fire and emergency access and/or indirect alley access to access alley-loaded garages for dwelling units along Dudley Street. This prohibition shall not apply to W. 32nd Avenue or W. 38th Avenue. F. Street design. New private streets and improvements to public streets shall meet the requirements for the Lutheran Legacy Campus in the City of Wheat Ridge Streetscape Design Manual. Sec. 26-1409. Open space and landscaping requirements. A. Principle. Parks, plazas, squares, trails and other forms of publicly-accessible spaces play an important role in the quality of a place. Landscaped and hardscaped areas contribute to the public realm by providing places for people to gather, relax, and recreate. B. Open space required. Twenty (20) percent of the net development site area shall be preserved as publicly- accessible open space, as described within subsection C and defined in section 26-1417. For the purposes of this calculation, net development site area shall mean the total site area less public or private rights-of-way for streets and their associated sidewalks and amenity zones. Open space shall be distributed throughout the campus in all sub-districts. At least seventy-five (75) percent of the required publicly-accessible open space must be usable open space, as described within subsection D and defined in section 26-1417. C. Publicly-accessible open space. Throughout the campus, open space shall be required to be dedicated as publicly-accessible. This type of open space must be accessible by the general public in addition to residents, guests, and tenants of the campus development. DR A F T Page 19 of 32 1. Publicly-accessible open space shall be owned and maintained by an owners’ association or metropolitan district with a recorded perpetual public access easement if not owned by the City. 2. All sub-districts shall include areas of publicly-accessible open space. Specific requirements are contained within this section for certain areas. 3. Minimum living landscaping. At least thirty-five (35) percent of the required publicly-accessible open space area shall be composed of living landscape materials, including trees. The requirements of sections 26-502.C, D, and F shall apply. 4. Aggregated open space. Publicly-accessible open space shall be aggregated into larger parks, plazas, and squares, rather than calculated per parcel. 5. Dudley Street. A publicly-accessible park or plaza shall be dedicated along Dudley Street generally aligning with the intersection with W. 35th Avenue and shall be subject to the following minimum requirements: a. Minimum 100-foot frontage on Dudley Street. b. Shall include continuous walking and bicycle paths to access the interior of the campus from the intersection of Dudley Street and W. 35th Avenue, which shall extend beyond the boundary of the park or plaza to the edge of Sub-District 3 and connect to the overall pedestrian and bicycle network. c. Shall not provide a direct vehicular connection from Dudley Street into the development. d. Shall provide clear wayfinding to connections and amenities within the development. 6. Rocky Mountain Ditch. Publicly-accessible open space shall be provided along the entire extent of the Rocky Mountain Ditch within the campus, subject to the following requirements: a. The developer shall engage with the Rocky Mountain Ditch Company, who controls the rights to the ditch and what types of development and landscaping are permitted within its boundaries. The Rocky Mountain Ditch Company may determine whether existing trails, trees, and other improvements are permitted to remain within its easement/area of control and what changes may need to be made to those improvements or the ditch itself. b. The existing trail and trees along the ditch shall be preserved to the greatest extent feasible per the Rocky Mountain Ditch Company’s requirements , with necessary upgrades to meet ADA requirements. If the Rocky Mountain Ditch Company requires relocation of the trail, a trail shall be placed parallel to the ditch outside of the Company’s easement/area of control. c. A continuous trail shall be provided parallel to the ditch, with crossings allowing access from both sides of the ditch if a trail is only provided on one side. d. The ditch trail(s) shall be integrated with other publicly-accessible open spaces along the trail and shall include direct connections to streets and other walking and bicycle paths. e. A park or plaza shall be provided adjacent to the Rocky Mountain Ditch in sub -district 2 or 3 with a minimum 100-foot frontage along the ditch trail. D. Usable open space. At least seventy-five (75) percent of the required publicly-accessible open space percentage must be usable open space. The 75 percent value is based on the required value of publicly - accessible open space, not the provided value. Usable open space includes open space which, by its configuration, size, and design, can be used for passive or active recreation. 1. Usable open space shall include: a. Plazas, parks, outdoor dining areas, courtyards, and community gardens. b. Sport and play areas including athletic fields, playgrounds, gaming areas, and dog runs. DR A F T Page 20 of 32 c. Walking paths or sidewalks of at least six (6) feet in width if part of a larger pedestrian or bicycle network, such as a walking loop or paths through other usable open spaces such as a common lawn or plaza. d. Turf grass areas that exceed the restrictions on non-functional turf (i.e. “functional” turf areas). e. Natural areas with native landscapes meeting the intent of usable open space such as native seed or xeric landscaping that abut a qualifying walking path or sidewalk, or abut another qualifying usable open space area. f. Drainageways, ponds, and other areas required for stormwater quality or detention may qualify only if such areas are designed for passive or active use and are landscaped with living material, subject to approval of the community development director. 2. The following do not qualify as usable open space, but may count toward the overall percentage of publicly-accessible open space if the ownership and maintenance requirements of publicly-accessible open space are met: a. Land with a slope steeper than one (1) foot (vertical) in three (3) feet (horizontal). b. Drainageways, ponds, and other areas required for stormwater quality or detention if not designed for passive or active use. 3. The following do not qualify as usable open space and shall not be used to count toward the overall percentage of publicly-accessible open space: a. Sidewalks along a public or private street that are required to be placed in right-of-way or a tract containing a private street, including required landscaped amenity zones for those streets. b. Paved areas serving as parking, loading, delivery, or utility areas, including driveways, parking lots, alleys, and delivery ramps. c. Parking lot islands and parking lot medians. d. Required surface parking lot buffers and screening. e. Areas occupied by buildings or structures, except for shade structures that cover a space that would otherwise qualify as usable open space. f. Private fenced yards for the exclusive use of a single owner or occupant of a single-unit, two-unit, or single attached dwelling. These areas still contribute to additional open space and landscaped areas on the campus, but may not be used to meet the publicly-accessible or usable open space requirements. g. Private amenity spaces for multi-unit residential or commercial buildings, such as pools and pool decks, rooftop patios, or courtyards, for the exclusive use of the occupants. E. Landscaping for Single Detached and Duplex Uses. For all single detached and duplex uses within the campus, including all residential development within the low-density overlay, the following requirements shall apply: 1. One-hundred (100) percent of the front yard shall be landscaped, excepting pedestrian and vehicular access. 2. One (1) tree per lot is required, to the placed within the front setback area. If a lot is wider than seventy (70) feet, one (1) tree shall be placed within the front setback per seventy (70) linear feet of frontage. 3. A maximum of two-thirds (2/3) of the front yard shall consist of non-living material and features. A fully rocked or mulched front yard must contain a minimum one-third (1/3) living plant coverage, as measured by projected growth after two (2) years. 4. The use of xeric/waterwise plant materials is required. DR A F T Page 21 of 32 5. Native grasses and/or wildflower mixes of a height greater than twelve (12) inches must be confined to the rear yard or planted within a defined bed with a structural or spaded edge in the front yard. F. Xeric/Waterwise Required: The use of xeric/waterwise plant materials and principles are required and shall be used to guide design and promote water conservation. G. Artificial turf. 1. Artificial turf is permitted in limited circumstances, as follows: • Sport and play areas specifically designated for athletic purposes including but not limited to athletic fields of play, playgrounds, gaming areas, and dog runs. • Private fenced side and rear yards of single detached, duplex, and single-attached dwellings, including townhomes, up to a maximum of 400 square feet per dwelling unit. • The only use of artificial turf that qualifies as landscape materials (non-living) is for athletic fields of play. Other uses of artificial turf, including playgrounds, gaming areas, and dog runs, shall not qualify as landscaping. • The location shall be approved through a site plan application, civil construction documents, site work permit, or building permit, whichever is applicable, and permeability shall be accounted for in drainage plans. 2. Artificial turf is prohibited in the following locations: • Required parking lot landscape buffer areas. • Areas owned and/or maintained by owner’s associations, except where used for athletic fields of play. • On commercial, industrial, and institutional properties, except where used for athletic fields of play. H. Non-Functional Turf. In additions to the limitations set forth in 26-502.D, non-functional turf shall also be prohibited in the following locations. • Landscaping with slopes greater than 4:1, and • Landscape strips less than six (6) feet in width. I. Tree preservation. 1. Existing trees shall not be removed prior to review and approval of the concept plan and site plan review processes outlined in sections 26-1414 and 26-1415. 2. The intent of these regulations is to ensure existing healthy trees larger than a four (4) inch caliper remain, to the extent feasible. If healthy trees over four (4) inch caliper are proposed to be removed, justification shall be provided and reviewed by the community development director. If necessary to be removed, trees shall be replaced on a per caliper basis elsewhere within the respective sub-district pursuant to Table 4 below. Table 4: Tree Preservation, Transplantation, and Removal Health/Size Preserve Transplant Replace Remove Without Replacement Healthy / < 4” caliper Allowed Allowed Allowed Allowed Healthy / 4”-12” caliper Allowed Allowed Required @ 1:1 Not Allowed Healthy / > 12” caliper Allowed Allowed Required @ 2:1 Not Allowed Unhealthy or Diseased Depends on Tree Survey Not Allowed Not Required Allowed DR A F T Page 22 of 32 Table Notes: 1. Transplantation is subject to community development director approval and demonstration of reasonable probability of success. 2. Location for transplanted or replacement trees subject to approval through site plan review. 3. Total caliper of replacement trees shall equal or exceed total caliper required, as noted above. 4. Preservation or removal of unhealthy or diseased trees shall be assessed on a case-by-case basis. 3. A tree canopy analysis shall be required as part of the concept plan application materials . Additional information shall be required with subsequent site plan applications including the health, species, and location of existing trees with a four (4) inch caliper or greater and the proposed disposition of those trees (i.e., replace or preserve). Final determination to preserve, transplant, replace, or remove existing trees shall require the approval of the community development director as part of the site plan review process. J. Streetscaping. All new development, including expansions of an existing structure by 50 percent or more of the floor area, shall meet the requirements in the City of Wheat Ridge Streetscape Design Manual. K. All requirements of section 26-502, subsections C, D, and F shall apply to the MU-LLC district. The remaining subsections of section 26-502 shall not apply. L. The requirements of section 26-507 shall apply. A regional approach to stormwater management and detention shall be required, utilizing shared detention areas serving the campus. M. The requirements of section 26-508 shall apply. Sec. 26-1410. Permitted uses and requirements for mixed use developments. A. Principle. The MU-LLC zone district emphasizes building form, rather than permitted uses. A range of uses is permitted to promote mixed use development targeted in certain sub-districts of the campus. B. Permitted and conditional uses are shown in the following table. This table, and not the tables in section 26- 204 or 26-1111, shall apply for the MU-LLC zone district. Uses not listed shall be deemed excluded. 1. The community development director has the authority to determine that a use not specifically listed should be permitted or allowed on the basis of it being similar to a listed use, compatible in character and impact with uses in the zone district, consistent with the intent of the district, and which would not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, or is not hazardous to the health and safety of surrounding areas through danger of fire or explosion. The director's decision may be appealed to the board of adjustment as an interpretation request. Table 5: Permitted Uses within MU-LLC Overlays and Sub-Districts Use Group Low-Density Overlay Sub-district 1 (outside of Low-Density Overlay) Sub-district 2 Sub-district 3 Sub-district 4 (outside of Low-Density Overlay) Residential Assisted living facility NP P P P P Dwelling, single detached P P NP NP P Dwelling, single attached NP P P P P Dwelling, duplex P P NP NP P Dwelling, multiple NP NP P P C Dwelling, live/work NP P P P P DR A F T Page 23 of 32 Residential group homes for 8 or fewer persons, plus staff P P P P P Residential group homes for 9 to 14 persons, plus staff NP C C C C Residential group home for 15 or more persons, plus staff NP NP NP NP NP Short-term rental (see § 26- 645) P P P P P Public, Civic, and Institutional Amphitheater NP NP C C NP Community buildings and cultural facilities, including libraries, museums, and art galleries NP P P P P Hospital NP NP NP NP NP Freestanding emergency room facilities NP NP NP NP NP Parks, open space, playgrounds, and plazas P P P P P Place of worship C P P P P Public uses and buildings P P P P P Recreation facilities, indoor and outdoor P P P P P Schools, public and private; colleges, universities, and trade schools C P P P P Utilities, major NP NP NP NP NP Utilities, minor P P P P P Urban gardens (See § 26- 637) P P P P P Transit stations, public or private NP P P P P Commercial Services and Retail Adult entertainment and night clubs NP NP NP NP NP Animal daycare facility (See § 26-644) NP NP P P NP Bail bonds (per § 26-634) NP NP NP NP NP Banks and financial institutions, no drive- through or drive-up NP NP P P C Bars and taverns NP NP P P NP Bed and breakfast C P P P P Car washes NP NP NP NP NP Day care center, child and adult C P P P P DR A F T Page 24 of 32 Drive-up or drive-through uses, any type NP NP NP NP NP Eating establishment / restaurant NP NP P P C Electric vehicle charging station (EVCS), retail NP NP NP NP NP Food truck park NP NP P P C Massage business (See chapter 11, article X, Code of Laws for additional restrictions) NP NP P P C Microbrewery, microdistillery, or microwinery; with a tap room NP NP P P NP Microbrewery, microdistillery, or microwinery; without a tap room NP NP NP NP NP Motor fueling stations NP NP NP NP NP Motor vehicles sales NP NP NP NP NP Outdoor storage NP NP NP NP NP Pawn brokers NP NP NP NP NP Personal services NP NP P P C Produce stands (See § 26- 636 and § 26-613 for home occupations) P P P P P Recreation facilities, commercial NP NP P P NP Repair, rental and servicing of automobiles NP NP NP NP NP Retail sales, kiosk or eating establishment, kiosk NP NP P P C Retail sales — up to 20,000 gsf for one tenant space NP NP P P C Retail sales — up to 60,000 gsf for one tenant space NP NP P C NP Retail sales — over 60,000 gsf for one tenant space NP NP NP NP NP Urban gardens (See § 26- 637) P P P P P Veterinary clinics and hospitals, no outdoor runs, play yards, pens, or training areas NP NP P P C Hospitality and Entertainment Hotels NP NP C C NP Motels (as defined in section 26-123) and NP NP NP NP NP DR A F T Page 25 of 32 extended stay lodging (See ch. 11, art. XVI) Studios, including art studios and galleries, music, dance, television and radio broadcasting stations NP NP P P C Theaters (indoor) NP NP P P NP Office and Industrial Healing centers (may not be located within 1000 feet of a childcare center, preschool, elementary, middle, junior or high school or a residential child care facility) NP C P P C Maker space/workshop NP C P P C Medical and dental clinics NP C P P C Offices NP C P P C Office-warehouse, no outdoor storage NP NP NP NP NP Outdoor storage NP NP NP NP NP Restricted light industrial NP NP NP NP NP Self-storage facility NP NP NP NP NP Wholesale NP NP NP NP NP Ancillary Uses Accessory dwelling unit (see § 26-646), as an accessory use to a single detached dwelling P P NP NP P Day care home, small or large, as an accessory use to a single detached, duplex, or single attached dwelling P P P P P Electric vehicle charging station (EVCS), retail or non-retail P P P P P Home occupation (see § 26-613) P P P P P Parking facilities P P P P P Short-term rental (see § 26- 645) P P P P P Temporary Uses Special events, including festivals and farmers markets. For farmers' markets, see § 26-635 P P P P P Key: P = Permitted, C = Conditional Use, NP = Not Permitted DR A F T Page 26 of 32 C. Requirements for mixed-use development. To ensure a presence of sales tax generating and neighborhood- serving uses in the northern portion of the campus, a combined minimum of ten thousand (10,000) square feet of sales tax generating uses shall be required in sub-districts 2 and 4. For the purposes of this requirement, a sales tax generating use shall be defined as any neighborhood-serving retail or restaurant use as approved by the community development director. Note: This section needs to be further refined and is still a work in progress, although the general intent is to require a minimum square footage of commercial uses. A final version will be included in the final ordinance within first reading packet for the January 13 City Council meeting. D. Conditional use permits. Any use with a “C” in the permitted use table shall only be allowed if reviewed and approved by the community development department pursuant to the standards set forth below. 1. Pre-application meeting. Prior to submittal of a conditional use permit application, the applicant shall attend a pre-application conference, as described in section 26-104. 2. Conditional use permit application. Conditional use permit applications shall be submitted only after a pre-application meeting. All applications shall be submitted to the community development department and may be reviewed concurrently with a site plan application. Applications shall conform to the submittal requirements established by the community development department. 3. Conditional use permit criteria. The following criteria shall be used in evaluating each application. a. The compatibility of the proposed use with the comprehensive plan, the Lutheran Legacy Campus master plan including alignment with applicable use suitability maps, and any future adopted plans for the campus; b. The compatibility of the proposed use with existing and proposed adjacent uses, in terms of scale, site design, and operating characteristics (including traffic generation, lighting, noise, and hours of operation); c. The ability to mitigate adverse and undesirable impacts to the surrounding area, including but not limited to, visual impacts, air emissions, noise, vibrations, glare, heat, odors, water pollution, and other nuisance effects; d. Amount of traffic generation and capacity and design of roadways to handle anticipated traffic; e. The incorporation and integration of architectural and landscape features to mitigate impacts from the proposed use. 4. Conditional use permit approval. The community development director shall have the authority to approve or deny any conditional use permit application. In approving the application, the community development director may place conditions necessary to meet the criteria outlined in this section. 5. Transfer of conditional use permit or requirement for updated conditional use permit. A conditional use permit may be transferrable, subject to the discretion of the community development director. In most cases, after buildings are completed and entitled with an approved conditional use permit, new conditional use permits for new similar users are not required. The director may determine if a new conditional use permit is required, only if a new proposed use is more intensive than what the current conditional use permit may allow or the building or use is being expanded. 6. A decision by the community development director to deny a conditional use permit application or any conditions on approval imposed by the community development director may be appealed to the board of adjustment in the same manner as administrative variances pursuant to section 26-115. 7. Time limit on conditional use permits. For any applicant to exercise the right to develop a conditional use permit, a certificate of occupancy for the development of the conditional use must be issued within three (3) years of the date of approval. DR A F T Page 27 of 32 Sec. 26-1411. Preservation of existing buildings. A. Principle. The Lutheran Legacy Campus Master Plan and City Council Resolution 03-2022 identified three existing assets with historic value. These assets contribute to the character of the campus and must be integrated within the development. B. Existing assets identified. The three structures identified are the chapel, the “Blue House”, and the tuberculosis tent. C. Requirements. The concept plan applicant shall provide justification as to how they will comply with the intent of the Master Plan and City Council resolution to preserve, rehabilitate, or restore the existing assets. The application shall include concepts for the integration of the existing assets into the proposed development. Approval of the concept plan shall bind the applicant, owner, successors, and assigns to the commitments identified in the concept plan. Future site plan approvals shall identify how the existing assets are being rehabilitated and/or incorporated into the development. Sec. 26-1412. Signs. A. Principle. Signage should complement building and site design and be strategically located to minimize the impact of advertising on the public realm. Signs shall be oriented toward and scaled to the pedestrian. B. All signage shall comply with chapter 26, article VII except as modified below: 1. Wall and roof sign requirements: a. Wall signs shall be permitted to be affixed to walls which face streets (public or private), alleys, parking areas, and publicly-accessible open space including trails. b. No roof signs are allowed, except for single-story kiosk-style commercial spaces where wall signage is severely limited by the size and height of the building, in which case a sign can extend above the roof line up to five (5) feet. c. Wall signs placed on a vertical architectural element or above a pedestrian entrance may extend above the roof deck by up to ten (10) feet. This provision shall not apply to mansard roofs. d. Commercial uses shall include pedestrian-scaled wall, arcade, or blade signage. 2. Freestanding sign requirements: a. Shall only take the form of monument signs and shall not exceed seven (7) feet in height, measured from the finished grade of the nearest adjacent pedestrian walk or similar feature. The base of the monument sign shall be consistent with the materials of the building to which it is associated. b. Setbacks: Five (5) feet for signs on campus perimeter or for signs interior to the campus, one (1) foot from property lines or back of sidewalk, whichever is applicable. c. Pole signs shall not be permitted. 3. Changeable copy signs, including flashing signs, electronic messaging center (EMC) signs, and LED electronic signs shall not be permitted, except for signs owned or leased by the City 4. If signs are externally illuminated, lighting must be downcast. 5. Signs may not be internally illuminated if they face adjacent existing residential development. Other internally illuminated signs are encouraged to be turned off when businesses are not in operation. 6. Regional identification and gateway signage at primary campus entrances and intersections as identified in Figure 11 shall be permitted with the intent to create identifiable entrances and branding for the overall development. These signs shall not exceed six (6) feet in height and shall be set back at least five (5) feet, or instead may be integrated into an architectural feature such as a district sign DR A F T Page 28 of 32 archway over a street, with approval of the community development director. This type of sign may be placed without the requirement to be on a lot with a building. No more than four (4) total signs of this type are permitted. Figure 11 Figure 11: Permitted regional identification and gateway signage locations . The dots on the image show the permitted general locations of regional ID signs, subject to review through a building permit application. C. A master sign plan following the requirements of 26-708.D may be utilized to encourage well-planned and cohesively-design signage for the campus or individual development sites. Sec. 26-1413. Exterior lighting. A. Principle. Outdoor lighting should provide safety for pedestrians and reduce glare onto adjacent properties and into the night sky. B. All exterior lighting shall comply with section 26-503 and downcast LED lighting shall be permitted. All lighting shall be energy efficient and comply with the City’s adopted building codes. C. Pedestrian walks internal to a site shall be lit with full cutoff lighting fixtures no more than twelve (12) feet high. Bollard lighting is encouraged in natural landscaped areas where taller lighting fixtures may be impractical. D. Light shields for pole lights may be required to prevent glare onto properties with a residential use. Sec. 26-1414. Site plan review. A. All site development, including developments containing single-unit dwelling and duplex uses, within the MU-LLC zone district shall be subject to the site plan review process outlined in section 26-111, except as modified in this section. B. All site plan applications shall be reviewed for consistency with all standards within this article and with the applicable concept plan that has been approved for the campus. C. All approved site plans shall be kept on file in the community development department. DR A F T Page 29 of 32 D. Under certain circumstances, subject to approval by the community development director and to be determined at the required pre-application meeting or during the site plan review process, site plan review applications may be processed simultaneously with building permit applications. E. For all site development, in addition to the requirements of 26-111, civil construction plans shall be provided for review as part of the site plan and subdivision application, which shall include construction plans for associated infrastructure including but not limited to streets and alleys, sidewalks, streetscapes (including street lighting and landscaping), grading, drainage improvements, utilities, publicly-accessible open space, tree preservation and/or replacement, and other improvements as specified by the community development director or other reviewing agencies. Subdivision review may be carried out simultaneously with review of the site plan. F. Site development for single-unit dwelling and duplex uses, the following requirements of 26-111 may be deferred as described: 1. Architectural elevations and plans may not be required at time of site plan application, provided that master architectural plans are provided for review and approval as part of the building permit process, and prior to applications for individual vertical building permits. 2. Landscape plans for individual lots may be deferred until time of building permit, provided that master landscape plans and plant lists are provided for review and approval as part of the building permit process to verify compliance with the open space regulations for single-unit and duplex uses in section 26-1409.E. Sec. 26-1415. Concept plan review. A. A concept plan application for the campus, shall be submitted and approved by the community development director prior to individual site plan approvals(s). B. Prior to submittal of the concept plan, the applicant must complete a pre -application conference per the requirements in section 26-104. C. A neighborhood meeting shall be required prior to submittal of the concept plan application. The applicant shall follow the neighborhood meeting requirements per subsection 26 -109.A.1. D. After the pre-application conference and after the neighborhood meeting, the concept plan application may be submitted to the community development department for review. The concept plan application shall include the following information: 1. The concept plan shall be prepared in a twenty -four (24) × thirty-six (36) inch format. 2. Vicinity map. 3. The boundary of the entire development site (the campus). 4. Scale and north arrow. 5. Date of map preparation and name and address of person who prepared the map. 6. Proposed circulation concepts, including roads, right-of-way (public and private), access points, and major pedestrian routes. 7. Proposed building areas and preliminary land use concepts. 8. Open space concepts, including identifying areas of larger publicly-accessible open space. 9. Preliminary traffic analysis with specific land use assumptions. 10. Preservation concepts of existing assets as defined and required in Section 26-1411. 11. Preliminary drainage letter. 12. Improvement Survey Plat (ISP) or ALTA/NSPS Land Title Survey with topography. DR A F T Page 30 of 32 13. Tree canopy survey E. Upon receipt of the concept plan application, the community development department shall review the application and refer the application to affected public agencies for review and comment, if applicable. F. Public notice of concept plan approval. 1. Upon approval of the concept plan application, the community development department shall send by first class mail, a notice of concept plan approval to adjacent property owners and occupants within one thousand (1,000) feet of the subject property. 2. The letter shall include a description of the approved concept plan, zone district information, and information regarding construction hours and requirements, in a form determined by the community development director. 3. This notice of concept plan approval shall be mailed within fifteen (15) days of concept plan approval by the community development director. 4. Failure of a property owner or occupant to receive a mailed notice shall not invalidate the approval of the concept plan and shall not be regarded as constituting inadequate notice. G. The approved concept plan shall be recorded with Jefferson County Clerk and Recorder's Office and kept on file with the community development department. H. Amendments to a recorded concept plan will be required to follow the same review process as the initial concept plan application. Sec. 26-1416. Relief process. A. The community development director may approve minor adjustments to some standards within this article. Administrative adjustments are intended to relieve unnecessary hardship in complying with the strict letter of this article, especially in cases where unique site or building characteristics exist. B. In order to relieve undue hardship, the community development director may grant administrative adjustments to the following quantitative standards to the extent shown in the table below: Table 6: Allowed Administrative Adjustments for Quantitative Standards Standard Maximum Allowable Administrative Adjustment Building setback requirements (section 26-1405) 10% Transparency requirements (section 26-1406.E) 10% Minimum parking requirements (section 26-1407.F, Table 3) Up to 25%; parking study may be required Landscaping administrative adjustments identified in section 26-502.F.5 Refer to section 26-502.F.5 C. The community development director may approve use of an alternative to a qualitative design standard from section 26-1406 upon a finding that the following requirements are met: • Alternative is consistent with the stated intent of the design standard. • Alternative achieves or implements the stated intent to the same degree or better than strict compliance to the design standard would have achieved otherwise. • Alternative will not create adverse impacts on adjacent residential development, or adjacent streets and publicly-accessible open space. D. Any proposed relief from the eligible quantitative requirements within this article that do not fall within the table of allowed administrative adjustments (Table 6) shall be required to follow the process for “Variances of DR A F T Page 31 of 32 more than fifty (50) percent,” specified in section 26-115.C.3, regardless of whether the request is greater than fifty (50) percent of the applicable development standar d. Qualitative design standards are not eligible for variances beyond the administrative adjustment relief described in subsection C. No other standards within this article are eligible for relief through the administrative adjustment or variance processes. Sec. 26-1417. Definitions. Except as expressly modified below, the definitions in sections 26-123 and 26-1119 shall apply. If a term is defined in both section 26-123 and 26-1119, the definition used in 26-1119 shall apply. Except as otherwise indicated, the following definitions shall apply to the MU-LLC zone district only. Campus. – That contiguous area contained within the boundary of the Lutheran Legacy Campus as defined in the Lutheran Legacy Campus Master Plan. Charter-exempted area. That area described in Wheat Ridge home rule charter section 5.10.1(h), as the “interior portion of 38th Avenue between Lutheran Parkway and Lutheran Parkway West including an area southeast of Lutheran Parkway (as shown as “Mixed -Use” on page 51 of the Lutheran Legacy Campus Master Plan, adopted October 25, 2021)”, related to building heights for the interior of the campus. Existing residential development. – Those areas of low-density residential neighborhoods that existed prior to January 1, 2025, outside of and adjacent to the east, west, and south campus boundaries. Open space, publicly-accessible. Open space that is accessible by the general public in addition to the residents, guests, and tenants of the development in perpetuity, guaranteed by means of a recorded perpetual public access easement or city ownership, and following the requirements of section 26-1109.C. Primary entrance. The entrance to a building which is designed to be the principal or main pedestrian entry to the building for use by customers, residents, and tenants, and includes references to “front door” when used with respect to single-unit, duplex, and single attached dwellings. Regional identification and gateway sign. A freestanding sign designed to convey a sense of arrival and identify a cohesive development. Retail sales, kiosk or eating establishment, kiosk. A freestanding, permanent structure no larger than 200 square feet and containing a commercial services/retail use. Shall be subject to the accessory building height and setback requirements. Usable open space. Open space which, by its configuration, size, and design, can be used for passive or active recreation and meeting the requirements of section 26-1109.D. CONFORMING AMENDMENTS • 26-106 (Review process chart) o For Mixed Use Concept Plan: Add “or 26-1415 for MU-LLC” o For Mixed Use CUP: Add “or 26-1410.D for MU-LLC” • 26-111.A – Add Article XIV to last sentence • 26-123 – Define motel: “A subtype of hotel where guest rooms are accessed from exterior hallways and entries.” • 26-201 – Update to include all five mixed-use districts, including MU-N, MU-C, MU-C INT, MU-C TOD, and MU-LLC. This section was unintentionally not updated when the original four mixed-use districts were created and needs to include all zone districts, including the new MU-LLC zone district. Add a reference to Articles XI or XIV as applicable. • 26-115 (Variances) o 26-115.C.3: Add “variances beyond the administrative adjustment threshold for quantitative standards described in Table 6 of section 26-1416.” o 26-115.C.3: Add “variances beyond the allowed administrative adjustment threshold from the table in section 26-1117”; this was missed with the adoption of the original mixed -use districts and will allow for consistency with 26-1117. DR A F T Page 32 of 32 • 26-411.B.3 – Update to add “Site circulation and access requirements for the MU-LLC zone district are contained in section 26-1408” • 26-502.B.4 – Update to add “Site development within the MU-LLC zone district shall comply with subsections C, D, and F; and the open space requirements in chapter 26, Article XIV.” • 26-502.E (Table 3) o Update “Zoned Mixed Use” to include “or Article 14 for MU-LLC” o Update note (c) to add “or, section 26-1409 for MU-LLC” • 26-615.D.7 (Freestanding CMRS) - Prohibit freestanding CMRS in MU-LLC • 26-645.C.1 (STRs) – Add MU-LLC to first sentence. • 26-646.A (ADUs) – Update first sentence to include “and portions of the mixed use – Lutheran Legacy Campus (MU-LLC) zone district per the permitted use chart in Table 5 section 26-1410.B.” • 26-708.F – Update to add “or, section 26-1412 for the MU-LLC zone district.” • 26-710.A.4 – Add MU-LLC to mixed use series • 26-1110 (open space) – Add the same requirement for xeric landscaping from 26-1409.F to the standard mixed-use zone districts. This was the intent of the Waterwise ordinance and is currently being enforced but was not clearly added to Article XI. Also, update the artificial turf regulations to match 26-1409.G which were updated to comply with an interpretation of state law that was developed after the Waterwise code amendment was approved. • 26-1119 (Definitions): Update definition of “dwelling, live/work” to comply with building code regulations. Dwelling, live/work. A combination of residential occupancy and commercial activity located within a dwelling unit. Typical commercial activities may include home offices, craft work, art studios, jewelry making, and similar activities. A dwelling unit or sleeping unit in which a significant portion of the space includes a nonresidential use that is operated by the tenant, in compliance with the applicable building code definitions. DR A F T