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HomeMy WebLinkAbout01-27-25 City Council Meeting AgendaAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO Monday, January 27, 2025 6:30 p.m. This meeting will be conducted as a virtual meeting, and in person, at: 7500 West 29th Avenue, Municipal Building, Council Chambers. City Council members and City staff members will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival. 2. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on January 27, 2025) 3. Virtually attend and participate in the meeting through a device or phone: Click here to pre-register and provide public comment by Zoom (You must preregister before 6:00 p.m. on January 27, 2025) 4. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. The City will upon request, provide auxiliary aids and services leading to effective communication for people with disabilities, including qualified sign language interpreters, assistive listening devices, documents in Braille, and other ways of making communications accessible to people who have speech, hearing, or vision impairments. To request auxiliary aid, service for effective communication, or document in a different format, please use this form or contact ADA Coordinator, (Kelly McLaughlin at ada@ci.wheatridge.co.us or 303-235-2885) as soon as possible, preferably 7 days before the activity or event. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES NONE APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES 1. Proclamation – Black History Month 2. WRHS Recognition of All Conference Student Athletes 3. Swearing in ceremony for Division Chief Shawn Wray PUBLICS’ RIGHT TO SPEAK a. Public may speak on any matter not on the agenda for a maximum of 3 minutes under Publics’ Right to Speak. Please speak up to be heard when directed by the mayor. b. Members of the Public who wish to speak on a Public Hearing item or Decision, Resolution, or Motion may speak when directed by the mayor at the conclusion of the staff report for that specific agenda item. c. Members of the Public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. CONSENT AGENDA NONE PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill No. 01-2025 – 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 2. Council Bill No. 02-2025 – an ordinance amending Section 2-53 of the Wheat Ridge Code of Laws concerning membership of Boards and Commissions 3. Council Bill No. 03-2025 – an ordinance adopting by reference the 2024 edition of the Model Traffic Code for Colorado, adopting amendments thereto, providing penalties for Model Traffic Code violations and making conforming amendments to Chapter 13 of the Wheat Ridge Code of Laws in connection therewith 4. Council Bill No. 04-2025 – an ordinance amending the Wheat Ridge Code of Laws to include Police Recruits as participants in the city’s Police Pension Plan ORDINANCES ON FIRST READING NONE DECISIONS, RESOLUTIONS, AND MOTIONS 5. Resolution No. 06-2025 – a resolution amending the bylaws of the Inclusion, Diversity, Equity, and Accessibility (IDEA) Committee and Sustainable Wheat Ridge Committee to conform term dates with other boards, commissions, and committees 6. Resolution No. 07-2025 – a resolution approving the Amendment and Restatement of the City of Wheat Ridge Police Pension Fund Plan Adoption Agreement CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS PROCLAMATION BLACK HISTORY MONTH FEBRUARY 2025 WHEREAS, February’s Black History Month is an annual celebration of achievements by Black Americans, recognition of their central role in U.S. history, and a time to reflect on the continued struggle for racial justice and equality; and WHEREAS, experts say understanding Black history and learning more about systemic racism is essential for our country to grow as a nation; and WHEREAS, Carter G. Woodson, known as the “Father of Black History,” developed Black History Month. Woodson, whose parents were enslaved, was an author, historian, and the second Black American to earn a Ph.D. at Harvard University; and WHEREAS, Woodson chose February to coincide with the birthdays of Frederick Douglass, a famed abolitionist who escaped from slavery, and President Abraham Lincoln, who formally abolished slavery; and WHEREAS, with a resolution passed in 2020, Wheat Ridge City Council confirmed that “racism and hate have no place in our city and there is much work to be done to stop pervasive, long-standing, and devastating racial injustices in our community”; and WHEREAS, in 2021, the City formed the Wheat Ridge Race and Equity Task Force to review City policies, services, ordinances, and community systems and identify policies and practices that contribute to discrimination; and WHEREAS, to continue this work, the City created the Inclusion, Diversity, Equity and Accessibility (IDEA) Committee to advise the City Council on policies and practices to make Wheat Ridge a more diverse, equitable, and inclusive community. NOW THEREFORE BE IT RESOLVED that the Wheat Ridge Mayor and City Council formally designate the month of February 2025 as BLACK HISTORY MONTH IN WITNESS WHEREOF, on this 27th day of January 2025. Margy Greer, Sr. Deputy City Clerk Bud Starker, Mayor ITEM NUMBER: 1 DATE: January 27, 2025 REQUEST FOR CITY COUNCIL ACTION COUNCIL BILL NO. 01-2025 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 ☒PUBLIC HEARING ☐BIDS/MOTIONS ☐RESOLUTIONS ☐ORDINANCES FOR 1st READING ☒ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: This ordinance creates a new Article XIV (14) in Chapter 26 of the Wheat Ridge 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 former hospital site 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. PRIOR ACTION: The former hospital campus has been the topic of Council discussion for several years and throughout 2024. The specific standards of the MU-LLC zoning were discussed with City Council at its July 15, 2024, and October 8, 2024, study sessions, with City Council providing consensus to continue with the drafting of the ordinance as presented. Additional study sessions were held with Planning Commission. On November 5, 2024, Wheat Ridge voters approved a Charter amendment modifying the permitted building heights on the campus. Planning Commission reviewed the ordinance at a public hearing held on December 19, 2024, and recommended approval by a vote of 6 to 0. A copy of the draft Planning Commission minutes is attached. Council Action Form – Mixed-Use Lutheran Legacy Campus (MU-LLC) Zoning Regulations January 27, 2025 Page 2 City Council approved this ordinance on first reading on January 13, 2025. A motion was made by Councilmember Weaver and seconded by Councilmember Stites and was approved by a vote of 8 to 0. FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. BACKGROUND: The Planning Division, with assistance from the City Attorney, developed a custom zone district for the Lutheran Legacy Campus which aligns with the recommendations of the Lutheran Legacy Campus Master Plan. The zoning regulations are based on the current mixed-use zoning regulations in Article XI of Chapter 26 but are highly customized to include specific recommendations and requirements of the Master Plan. The new Article XIV is organized similarly to Article XI. It contains regulations for building heights (based on the approved Charter amendment), building placement and orientation (including setbacks), building design and materials, parking, circulation, open space, and landscaping, permitted uses, signs, lighting, site and concept plan requirements, relief from the requirements, and definitions unique to Article XIV. It also contains a new section related to preservation of the existing historical assets: the chapel, the Blue House, and the TB tent. Since the last study session consensus, the content of the ordinance has largely remained unchanged. However, to meet the intent of the Master Plan, staff refined two provisions in the code to ensure that all aspects of the Master Plan were being addressed: • A tree preservation requirement in 26-1409.I which incentivizes the preservation of large existing and healthy trees over 4 inches in caliper. This section will also require a tree canopy analysis as part of the concept plan application. • The requirement for mixed-use development in 26-1410.C was updated. Originally this was proposed as a requirement to include at least two “use categories” within the development (i.e. residential + a commercial or office use) but did not prescribe a more specific location or minimum square footage. After careful analysis of the market, the Master Plan, and community comments, staff is now recommending a minimum 10,000 square feet of commercial tax- generating/neighborhood-serving uses be accommodated in sub-districts 2 or 4 (closer to 38th Avenue), which could include a new building or building converted for retail, restaurant, or personal services uses. 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 includes several amendments to existing sections of Chapter 26 including cross-references to the MU-LLC zone district and other Council Action Form – Mixed-Use Lutheran Legacy Campus (MU-LLC) Zoning Regulations January 13, 2025 Page 3 necessary updates to ensure Chapter 26 continues to function properly with the addition of the MU-LLC zone district. The City intends to legislatively rezone the campus to MU-LLC if the zoning regulations are adopted by City Council. RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 01-2025, 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, on second reading, order it published, and that it takes effect immediately.” Or, “I move to postpone indefinitely Council Bill No. 01-2025, 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, for the following reason(s): _______________________________________.” REPORT PREPARED/REVIEWED BY: Scott Cutler, Senior Planner Lauren Mikulak, Community Development Director Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill 01-2025 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER WEAVER Council Bill No. 01 Ordinance No. 1814 Series 2025 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 WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety, or welfare; and WHEREAS, on October 25, 2021, the Council adopted the Lutheran Legacy Campus Master Plan after months of robust public engagement, which describes a vision for the future of the Lutheran Legacy Campus; and WHEREAS, on May 13, 2024, the Council adopted Resolution 26-2024 in support of a City-initiated zone change for the Lutheran Legacy Campus based on the adopted Master Plan; and WHEREAS, the City has engaged in a series of public open houses and meetings for the City-initiated zone change and Charter amendments throughout the year 2024; and WHEREAS, on November 5, 2024, the residents of Wheat Ridge approved an amendment to the City Charter modifying building height requirements within the Lutheran Legacy Campus to allow for the vision of the Master Plan to be implemented; and WHEREAS, the Council recognizes the need to create new, customized mixed-use zoning regulations for the Lutheran Legacy Campus to comply with the approved Master Plan and approved Charter amendments, allowing for the future redevelopment of the Campus. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: ATTACHMENT 1 2 Section 1. Chapter 26 of the Wheat Ridge Code of Laws is hereby amended by the addition of a new Article XIV, entitled “Mixed Use Lutheran Legacy Campus Zone District”, to read in its entirety as follows. ARTICLE XIV. MIXED USE LUTHERAN LEGACY CAMPUS ZONE 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. 26-1404. 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 of the campus as illustrated on Figures 1 and 2 and defined as the buildings closest to the campus boundary regardless of setback. The requirements of this 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. 3 Figure 1 Figure 1: Low-density overlay. The low-density overlay is shown as the dashed line around the east, south, and west sides of the campus boundary and applies to the first row of development in that area. Figure 2 Figure 2: Low-density overlay detail. An example of the low-density overlay is shown on this figure as the shaded buildings closest to the campus boundary, regardless of setback. The non-shaded buildings are outside of the low-density overlay. 4 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. Sec. 26-1403. Applicability. A. All standards and requirements within article XIV shall apply to: 1. Site development, and 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, except as modified below. 5 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 uses. The list below shall serve as a non-exhaustive list of legal 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 this article because of 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. This article grants authority to the community development director to make certain determinations and decisions concerning the applicability of provisions of this article in specific circumstances. Unless specifically permitted to be appealed, all such determinations and decisions of the community development director shall be the final decision of the city and not appealable to the board of adjustment. F. The illustrations that appear in this article are for illustrative purposes only. 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 6 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. C. Building height and city home rule charter. Where there is conflict regarding maximum building heights between this section and the city home rule charter, the maximums established in the city home rule charter section 5.10.1 shall apply. D. 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 home rule charter section 5.10.1. Dispersion or concentration of those units shall be permitted on individual lots, such that density on 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 within the campus boundary, less any existing public rights-of-way and any required future public right-of-way dedications. Table 1: Building Height Maximums Low-Density Overlay Non-Exempt Areas and Not in Low-Density Overlay Charter Exempted Area 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’ 7 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 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 N/A No setback requirement. Building orientation and 8 Notes: (a) Required separation between single attached dwelling buildings shall follow the requirements of section 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. (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 development director shall determine which setback applies. 2. 38th Avenue setback and step backs. New buildings shall be set back as far from the property line as they are tall (Figure 4, top image). 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 step back is equivalent to the upper story height (Figure 4, bottom image). single attached) and nonresidential uses 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 9 Figure 4 Figure 4: 38th Avenue setback and step backs. C. Building entrances. All buildings shall have at least one (1) entry that faces a street or a publicly accessible open space. 10 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 primary 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 (Figure 5). 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 park, plaza, cottage court, or similar. Rear yards and garage doors shall not face Dudley Street. Figure 5 Figure 5: Dudley Street Building Entrances. 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. 11 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 requirement. 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. 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. For the purposes of this section, the lot width measurement shall be taken from the closest lot line parallel to or on the campus boundary, regardless of the orientation of the building. 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 in creating a unique sense of "place." Creative design that pays careful attention to the building's contribution to 12 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 of this section 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 everyone 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. 13 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 step backs. • 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. 14 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. 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 15 (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) 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 all 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 16 provided that the transparency on the façade with the primary entrance is not less than thirty (30) percent. 7. Windows shall be recessed so as 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. • 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. 17 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 (as illustrated in Figure 7): • 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. 18 Figure 7 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 19 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 building’s 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. 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. 20 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). 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. 21 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: • 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 which 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. 22 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. 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 2 spaces per unit 23 transit station or bus rapid transit 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 are 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. 24 N. Electric vehicle (EV) parking shall be provided in accordance with section 26-501 E.13. 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 are 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. 25 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. 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. 26 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. 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). 27 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. 28 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. 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 owners 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 section 26-502.D, non-functional turf shall also be prohibited in the following locations. 29 • 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 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. 30 J. Streetscaping. All new development, including expansions of an existing structure by 50 percent or more of the floor area, shall meet the applicable 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 stormwater 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 site grading and retaining wall requirements of section 26-508 shall apply. 31 Sec. 26-1410. Permitted uses, requirements for mixed use development, and conditional use permits. 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 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 32 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 33 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 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 34 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 extended stay lodging (See ch. 11, art. XVI) NP NP NP NP NP 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, NP C P P C 35 junior or high school or a residential childcare facility) 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 36 Key: P = Permitted, C = Conditional Use, NP = Not Permitted C. Requirements for mixed-use development. To ensure a presence of sales tax generating and neighborhood-serving commercial uses in the northern portion of the campus, sub-districts 2 and 4 shall include a combined minimum of ten thousand (10,000) square feet of commercial building area. For the purposes of this requirement, such building area must be able to accommodate sales tax generating uses and neighborhood-serving uses such as any neighborhood-serving retail, restaurant, or personal services use approved by the community development director. 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. 37 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. 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: 38 a. Wall signs are 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 are not permitted. 3. Changeable copy signs, including flashing signs, electronic messaging center (EMC) signs, and LED electronic signs are not 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 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. 39 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 section 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. 40 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. 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 section 26-111, civil construction plans shall be provided for review as part of the site plan and subdivision applications, 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. For site development containing single-unit dwelling and duplex uses, the following requirements of section 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 to and approved by the community development director prior to individual site plan approvals(s). 41 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, including the proposed approach to comply with section 26-1410.C. 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. 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. 42 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 relief from some standards within this article. Such 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. 43 • 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 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 standard. 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. 44 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. Section 2. Section 26-106 of the Wheat Ridge Code of Laws, containing the review process chart for land use approvals, is hereby amended as follows, in the appropriate rows within the table: Approval Requested Pre-Application Final Reference Appeal Staff Neighborhood Staff PC CC BOA URPC Mixed Use Concept Plan X 5 X A § 26-1116, or § 26-1415 for MU-LLC Mixed Use Conditional Use Permit X A § 26-1118, or § 26- 1410.D for MU-LLC BOA Section 3. Section 26-111.A of the Wheat Ridge Code of Laws is hereby amended as follows: A. Application. The requirements of this section apply to site development on property for which the use proposed is a use by right, is other than a single-unit dwelling or two-unit dwelling, and for which planned development district approval is not sought. The requirements for site plans required in planned development zone districts are found in those district regulations. This section establishes the purpose, graphic and informational requirements for site development review required in instances other than planned development districts, including all site development within any mixed-use district established in article XI. or article XIV. Section 4. Section 26-115.C.3 of the Wheat Ridge Code of Laws is hereby amended as follows to specify which sections of Article XIV are eligible for variances, and to clarify which sections of Article XI are eligible for variances: C. Variances: … 3. Variances of more than fifty (50) percent: The board of adjustment is empowered to hold public hearings to hear and decide only upon appeals 45 for variances from the strict application of the development standards pertaining to zone districts in article II, sections 26-501, table 3 of 26- 502.E, 26-502.E, 26-603, 26-625, or article VII of this chapter., variances beyond the administrative adjustment threshold from the table in section 26-1117, and variances beyond the administrative adjustment threshold for quantitative standards described in Table 6 of section 26-1416. Section 5. Section 26-123 of the Wheat Ridge Code of Laws, defining certain terms applicable to Chapter 26 of the Code, is hereby amended by the addition of the following new definition in the appropriate alphabetical location, as follows: Motel: A subtype of hotel where guest rooms are accessed from exterior hallways and entries. Section 6. Section 26-201 of the Wheat Ridge Code of Laws, containing a list of the zone districts in the City of Wheat Ridge is hereby amended as follows to add the MU-LLC zone district and to add the existing mixed-use districts which were not added to the list when the ordinance creating those districts was approved, by adding the five districts to the bottom of the list: Mixed use commercial (MU-C) zone district MU-C transit-oriented development sub-district (MU-C TOD) MU-C interstate sub-district (MU-C Interstate) Mixed use neighborhood (MU-N) Mixed use Lutheran Legacy Campus (MU-LLC) Section 7. Section 26-411.B of the Wheat Ridge Code of Laws is hereby amended as follows to add a reference to the MU-LLC zone district: B. Blocks. … 3. For property in a mixed use zone district, block size shall also conform to the requirements in section 26-1108.B. Site circulation and access requirements for the MU-LLC zone district are contained in section 26- 1408. Section 8. Section 26-502.B of the Wheat Ridge Code of Laws is hereby amended as follows to add a reference to the MU-LLC zone district: B. Applicability. The requirements of this section shall apply as follows: … 46 4. Site development in mixed-use zone districts shall comply with subsections C, D, and F; and the open space requirements in chapter 26, article XI. 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. Section 9. Section 26-502.E (Table 3) of the Wheat Ridge Code of Laws is hereby amended as follows to add two references to the MU-LLC zone district being exempt from the regulations within the table: Table 3. Landscape Requirements by Use Minimum Required Landscape Area Trees within front setback(a) On-site trees and shrubs(b) Maximum Irrigated Turf Maximum Non-living Material & Features Residential Uses (All Zone Districts except Mixed-Use) (c) Single Detached and Duplex Uses 25% of the gross lot area and 100% of the front yard 1 shade tree per 70 linear feet of street frontage, to be placed within the front setback N/A 50% 2/3 of the front yard Multi-Unit Residential Uses 30% of total lot area; 100% of front yard, excepting pedestrian and vehicular access 1 tree per 30 feet of street frontage 1 tree and 10 shrubs per 1,000 SF of required landscape area 30% 50% Nonresidential Uses Zoned Commercial 20% of gross lot area 1 tree per 30 feet of street frontage 1 tree and 10 shrubs per 1,000 SF of required landscape area 30% 50% Zoned Industrial 15% of gross lot area All Other Zone Districts 20% of gross lot area Zoned Mixed Use(c) See Article XI, or Article XIV for MU-LLC Notes: (a) Trees provided in the building front setback shall not replace any requirements for street trees established in the Streetscape Design Manual. Where a build-to is required pursuant to the Architectural and Site Design Manual, trees within the front setback are not required. (b) In addition to trees required within the front setback, on-site trees and shrubs shall be provided. (c) The landscape requirements of this table do not apply to mixed-use zones. Refer to section 26-1110, or section 26-1409 for MU-LLC. 47 Section 10. Section 26-615.D.7 of the Wheat Ridge Code of Laws is hereby amended as follows to prohibit new freestanding CMRS facilities within the MU-LLC zone district: D. Standards for all CMRS facilities. The following are standards for all CMRS facilities. … 7. Siting of CMRS facilities in residential areas. The city encourages the siting of CMRS facilities in nonresidential areas. a. The city prohibits freestanding CMRS facilities in the following zone districts: … (10) Agricultural-Two (A-2); and (11) Mixed Use-Neighborhood (MU-N) zone districts.; (12) Mixed Use-Lutheran Legacy Campus (MU-LLC). Section 11. Section 26-645.C.1 of the Wheat Ridge Code of Laws concerning exemptions for short-term rentals in apartments is hereby amended as follows: C. Maximum number per short-term rental host. … 1. Apartments and mixed-use developments. A short-term rental host, as the owner of an apartment or mixed-use development in the mixed use- neighborhood (MU-N), mixed use-commercial (MU-C) series, mixed use- lutheran legacy campus (MU-LLC), and commercial-one (C-1) zone districts, may operate a maximum of four (4) dwelling units as short-term rentals within that development. For apartment and mixed-use developments with greater than forty (40) dwelling units in those zone districts, additional short-term rentals are permitted at a rate of five (5) percent of the total number of dwelling units, in addition to the four (4) already permitted by this section. For the purposes of this subsection, an apartment or mixed-use development shall mean one (1) or more multiple contiguous properties under one (1) ownership with one (1) or more multi- unit dwellings or mixed-use buildings, excluding single attached dwelling uses. Section 12. Section 26-646.A of the Wheat Ridge Code of Laws concerning eligible zone districts for Accessory Dwelling Units is hereby amended as follows: A. Eligible zone districts. An accessory dwelling unit (ADU) shall be permitted as an accessory use to single detached dwellings in all residential and agricultural 48 zone districts, and in the mixed use-neighborhood (MU-N) zone district, and portions of the mixed use-lutheran legacy campus (MU-LLC) zone district per the table of permitted uses (Table 5) in section 26-1410.B. Planned residential developments and planned mixed use developments that are approved on and after August 15, 2022 and that allow single detached dwelling units as a primary use shall also allow ADUs as an accessory use. Section 13. Section 26-708.F of the Wheat Ridge Code of Laws concerning signs in mixed use zone districts is hereby amended as follows: F. Signs in mixed use zone districts. Signs in any mixed-use zone district must also comply with requirements in section 26-1113, or section 26-1412 for the MU-LLC zone district. Section 14. Section 26-710.A.4 of the Wheat Ridge Code of Laws concerning general permanent sign standards and applicable zone districts is hereby amended as follows: A. General. … 4. Nonresidential zone districts include the entire commercial series (NC, RC, C-1, C-2), mixed use series (MU-C, MU-C TOD, MU-C interstate, MU-N, MU-LLC), industrial employment (I-E), and planned developments including PCD, PID, PHD, and PMUD. … Section 15. Section 26-1110.F of the Wheat Ridge Code of Laws concerning artificial turf in mixed use zones is hereby amended as follows to align with the new section 26-1409.G and applicable state law: F. 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, such as townhomes, up to a maximum of 400 square feet per dwelling unit. • Required residential transitions landscape buffers. 49 • 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. Artificial turf shall not qualify as living landscape materials as required by section 26-1110.D but does qualify as non- living landscape materials. 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. 2. Artificial turf is prohibited in the following locations: • Required parking lot landscape buffer areas. • Areas owned and/or maintained by owners associations, except where used for athletic fields of playpurposes. • On commercial industrial, and institutional properties, except where used for athletic fields of playpurposes. Section 16. Section 26-1110 of the Wheat Ridge Code of Laws concerning is hereby amended by creating a new subsection M concerning xeric/waterwise landscaping to align with the new section 26-1409.F and the intent of the recently adopted regulations concerning xeric/waterwise requirements: M. 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. Section 17. Section 26-1119 of the Wheat Ridge Code of Laws, defining certain terms applicable to Chapter 26, Article XI of the Code, is hereby amended by modifying a definition: 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 definition and regulations of live/work. Section 18. 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. 50 Section 19. Recording. This Ordinance shall be filed for record with the office of the Jefferson County Clerk and Recorder. Section 20. Effective Date. This Ordinance shall take effect immediately after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on the 13th day of January 2025, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for January 27, 2025 at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 27th day of January 2025. SIGNED by the Mayor on this _____ day of ____________, 2025. _______________________________ Bud Starker, Mayor ATTEST: _________________________________ Margy Greer, Sr. Deputy City Clerk Approved as to Form ____________________________ Gerald E. Dahl, City Attorney First Publication: January 14, 2025 Second Publication: January 28, 2025 Effective Date: January 27, 2025 Published: Jeffco Transcript and www.ci.wheatridge.co.us Planning Commission Minutes - 1 – December 19, 2024 PLANNING COMMISSION Minutes of Meeting December 19, 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 Michael Moore Patrick Quinn Syrma Quinones Jonathan Schelke Commission Members Absent: Krista Holub Will Kerns Staff Members Present: Jana Easley, Planning Manager Scott Cutler, Senior Planner Alayna Olivas-Loera, Planner II Tammy Odean, Recording Secretary Gerald Dahl, City Attorney 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 23, 2024 It was moved by Commissioner QUINN and seconded by Commissioner SCHELKE to approve the minutes of November 21, 2024, as written. Motion approved 6-0. 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 – December 19, 2024 7. PUBLIC HEARING … 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. Mr. Cutler gave a short presentation regarding the resolution. Public Comment No one wished to speak. Commissioner QUINN asked for an explanation on the square footage of the entire campus that will need to be used for commercial purposes. Mr. Cutler clarified that the commercial areas, as illustrated in the Master Plan, will need to include a minimum square footage in Districts 2 and 4 which are closest to 38th Avenue. Ms. Easley added that there could be some commercial adaptive reuse of the existing Blue House. Commissioner GRAEVE asked if there will be any affordable housing required on the site. Mr. Cutler and Ms. Easley explained that the City can encourage affordable housing, but not require it. Chair DISNEY closed the Public Hearing. It was moved by Commissioner QUINONES and seconded by Commissioner MOORE 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. Motion carried 6-0. Commissioner GRAEVE thanked staff for their hard work and appreciated that this project is very forward thinking and is excited for the future of the Lutheran Legacy Campus. D. OLD BUSINESS E. NEW BUSINESS Planning Commission Minutes - 3 – December 19, 2024 A. Upcoming Dates Ms. Easley mentioned that there will not be any Planning Commission meetings on January 2 or 16, but there is a possibility of a meeting on February 6. B. Project and Development Updates None. C. Commissioner Updates None. 10. ADJOURNMENT It was moved by Commissioner QUINN and seconded by Commissioner GRAEVE to adjourn the meeting at 7:29 p.m. Motion carried 6-0. __________________________ _______________________________ Kristine Disney, Chair Tammy Odean, Recording Secretary ITEM NUMBER: 2 DATE: January 27, 2025 REQUEST FOR CITY COUNCIL ACTION COUNCIL BILL NO. 02-2025 TITLE: AN ORDINANCE AMENDING SECTION 2-53 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING MEMBERSHIP OF BOARDS AND COMMISSIONS ☒PUBLIC HEARING ☐BIDS/MOTIONS ☐RESOLUTIONS ☐ORDINANCES FOR 1st READING ☒ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: This ordinance clarifies that board and commission members who change their personal residence to another council district within the city may continue to be a member representing the district for which they were appointed until the end of the term for which they were appointed. PRIOR ACTION: On March 1, 2024, Ordinance No. 1777 became effective, which helped standardize procedures and processes for boards and commissions. Once implemented, staff found another area regarding boards and commissions membership which needed clarification. City Council approved this ordinance on first reading on January 13, 2025. A motion was made by Councilmember Hoppe and seconded by Councilmember Stites and was approved by a vote of 8 to 0. . FINANCIAL IMPACT: There is no financial impact to the City of Wheat Ridge. BACKGROUND: The City of Wheat Ridge is authorized by the home rule charter to create boards and commissions and to provide for the membership thereof. Council Action Form – Boards and Commissions January 27, 2025 Page 2 RECOMMENDATIONS: Staff has received recommendation from City Council regarding this proposed change and agrees with Council’s recommendation. RECOMMENDED MOTION: “I move to approve Council Bill No. 02-2025, an ordinance amending Section 2-53 of the Wheat Ridge Code of Laws concerning membership of Boards and Commissions on second reading and that it take effect 15 days after final publication.” Or, “I move to postpone Council Bill No. 02-2025, an ordinance amending Section 2-53 of the Wheat Ridge Code of Laws Concerning membership of Boards and Commissions for the following reasons_____________.” REPORT PREPARED/REVIEWED BY: Margy Greer, Sr. Deputy City Clerk Allison Scheck, Deputy City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill 02-2025 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HOPPE Council Bill No. 02 Ordinance No. 1815 Series 2025 TITLE: AN ORDINANCE AMENDING SECTION 2-53 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING MEMBERSHIP OF BOARDS AND COMMISSIONS WHEREAS, the City of Wheat Ridge (the “City”) is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-201, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the appointment, term of office, removal, powers, duties, and compensation of all officers; and WHEREAS, the Council is authorized by the home rule charter to create boards and commissions and to provide for the membership thereof; and WHEREAS, the Council finds it necessary to amend Code Sections 2-53(e) to clarify procedures concerning board and commission membership. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 2-53(e) of the Code is amended to read as follows: (1) Any board or commission member may resign their term of office at will. Any board or commission member may be removed from office by the city council, after a public hearing before the council, by majority vote, at the council’s discretion. A member may also be removed by the council for violation of a council adopted code of ethics. (2) Any time a member of a board or commission accrues two unexcused absences from meetings held by the board or commission within any three hundred and sixty-five (365) day period, such member shall automatically cease to be a member of the board or commission, unless absences are determined as excused absences and are voted upon by a majority of remaining members of the board or commission. Any board or commission member who is unable to attend a meeting shall notify the chairperson and staff liaison at least seven (7) days in advance of said meeting, except for in the case of an illness, emergency, or force majeure. all other unnotified ATTACHMENT 1 absences shall be considered unexcused. In addition, any time a member of a board or commission is absent a sufficient number of times to cause the chairman of the board or commission to believe that such absences are impairing the proper functioning of the board or commission, the chairman of the board or commission shall notify the city council, which shall hold a hearing to determine if such member shall be removed for neglect of duty. (3) A board or commission member WHO SHALL CHANGE THEIR PERSONAL RESIDENCE TO ANOTHER COUNCIL DISTRICT WITHIN THE CITY SHALL CONTINUE TO BE A MEMBER REPRESENTING THE DISTRICT FOR WHICH THEY WERE APPOINTED UNTIL THE END OF THE TERM FOR WHICH THEY WERE APPOINTED. who is not a resident within their represented district, as permitted by section 2-53(c), may be removed and the vacancy thereby created, filled only in the event one of the foregoing conditions applies. Other than as permitted by section 2-53(c). Any board or commission member who shall change their personal residence to an address outside the city or the district he represents shall cease to be a member of the board or commission, and their seat shall automatically be deemed vacated as of the date on which THEY ceased to be a resident of the city. (4) Vacancies on any board or commission, whether resulting from resignation, removal by the council or other cause, SHALL may be filled by a new appointment by the city council. Such an appointment shall be for that portion of time remaining in the term which the new member has been appointed to fill. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection, or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 13th day of January, 2025, 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 27, 2025, at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. ATTACHMENT 1 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ____ to ____, this 27th day of January 2025. SIGNED by the Mayor on this ______ day of ______________, 2025. ATTEST: Margy Greer, Senior Deputy City Clerk Bud Starker, Mayor Approved as to Form: Gerald E. Dahl, City Attorney First Publication: January 14, 2025 Second Publication: January 28, 2025 Effective Date: February 12, 2025 Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NUMBER: 3 DATE: January 27, 2025 REQUEST FOR CITY COUNCIL ACTION COUNCIL BILL NO. 03-2025 TITLE: AN ORDINANCE ADOPTING BY REFERENCE THE 2024 EDITION OF THE MODEL TRAFFIC CODE FOR COLORADO, ADOPTING AMENDMENTS THERETO, PROVIDING PENALTIES FOR MODEL TRAFFIC CODE VIOLATIONS AND MAKING CONFORMING AMENDMENTS TO CHAPTER 13 OF THE WHEAT RIDGE CODE OF LAWS IN CONNECTION THEREWITH ☒PUBLIC HEARING ☐BIDS/MOTIONS ☐RESOLUTIONS ☐ORDINANCES FOR 1st READING ☒ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The City is required to periodically review the Wheat Ridge Municipal Traffic Code to ensure conformance with State of Colorado Traffic Ordinances. The newest version of the Model Traffic Code was adopted by the State of Colorado in 2024. To stay consistent and up to date with the newest Colorado Traffic Codes and to ensure the citizens of Wheat Ridge are best served by the updated Model Traffic Code, adoption of the newest code is recommended. PRIOR ACTION: At the April 8, 2024, Special Study Session, City Council requested research into an updated Model Traffic Code to address traffic issues their constituents were asking to be addressed. At the December 2, 2024, Study Session, consensus was reached by City Council to bring forward an ordinance to adopt the 2024 Colorado Model Traffic Code. City Council approved this ordinance on first reading on January 13, 2025. A motion was made by Councilmember Dozeman and seconded by Councilmember Ohm and was approved by a vote of 8 to 0. Council Action Form – Model Traffic Code January 27, 2025 Page 2 FINANCIAL IMPACT: The 2024 Colorado Model Traffic Code has seen adjustments to the fee and fine schedule. Those areas that have seen small, relatively insignificant changes in the fee schedule generally reflect a reduction in fees or a continuation of tax credits specific to electric and Hybrid motor vehicles. In addition, there appears to be a small adjustment to certain Commercial Motor Carrier chain law violations. Therefore, there will be no financial impact to the City of Wheat Ridge whether the 2024 Model Traffic Code is or is not adopted as these changes do not impact any current laws incorporated in the Wheat Ridge Municipal Traffic Code. BACKGROUND: In 2024 there have been many complaints about a variety of different traffic issues. Those complaints include several areas covered in Colorado’s Model Traffic Code and some that were not comprehensively covered until just recently with the updated 2024 Model Traffic Code. The new and updated Model traffic Code does not include dramatic additions or changes. However, the updated Model Traffic Code allows the City to address several complaints that have only recently become an issue with the advent and addition of new vehicle technology. The most identifiable changes in the 2024 Colorado Model Traffic Code are as follows: • Additional Rules surrounding the use of E-bikes. o Riders under 18 years of age must wear a helmet. o Individuals under the age of 16 are not allowed to ride class 3 e-bikes, except as a passenger. o Class 3 e-bikes are not allowed on bike paths unless the bike path is part of a street. o Local jurisdictions can prohibit the use of e-bikes (and scooters) on bicycle or pedestrian paths. • New Rules regarding cell phone usage. o The use of hand-held cell phones while driving is banned. • Minor fee changes. o The addition of the fees for the noted e-bike and cell phone violations. o Continuation of tax credits for Electric and Hybrid vehicles. • Language specific to new vehicle technology and equipment. o Addressing automated driving vehicles and setting levels of automation. o Requiring a human driver in vehicles equipped with automated driving capabilities. o Minor language changes related to the maintenance and specifications of Commercial Motor Carriers. The adoption of the updated Model Traffic Code will allow the City of Wheat Ridge to employ these updated codes to address the complaints and protect the safety and quality of life of the citizens of Wheat Ridge. Council Action Form – Model Traffic Code January 27, 2025 Page 3 RECOMMENDED MOTION: “I move to approve Council Bill No. 03-2025, an ordinance adopting by reference the 2024 Model Traffic Code for Colorado, adopting amendments thereto, providing penalties for Model Traffic Code violations and making conforming amendments to Chapter 13 of the Wheat Ridge Code of Laws in connection therewith on second reading and that it takes effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter.” Or, “I move to postpone indefinitely Council Bill No. 03-2025, an ordinance adopting by reference the 2024 Model Traffic Code for Colorado, adopting amendments thereto, providing penalties for Model Traffic Code violations and making conforming amendments to Chapter 13 of the Wheat Ridge Code of Laws in connection therewith for the following reason(s).” REPORT PREPARED/REVIEWED BY: Eric Kellogg, Division Chief Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 03-2025 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DOZEMAN Council Bill No. 03-2025 Ordinance No. 1816 Series 2025 TITLE: AN ORDINANCE ADPOTING BY REFERENCE THE 2024 EDITION OF THE MODEL TRAFFIC CODE FOR COLORADO, ADOPTING AMENDMENTS THERETO, PROVIDING PENALTIES FOR MODEL TRAFFIC CODE VIOLATIONS AND MAKING CONFORMING AMENDMENTS TO CHAPTER 13 OF THE WHEAT RIDGE CODE OF LAWS IN CONNECTION THEREWITH WHEREAS, the City of Wheat Ridge (“City”) is a Colorado home rule municipality operating under a Charter approved by the electorate pursuant to Article XX of the Colorado Constitution and governed by its elected City Council (“Council”); and WHEREAS, the Council has authority pursuant to the Home Rule Charter and C.R.S. §31-16-101, et seq. to adopt and enforce all ordinances; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-702(1)(a)(I), the City is authorized to regulate the use of streets; and WHEREAS, the Council previously adopted the 2010 edition of the Model Traffic Code for Colorado, as promulgated, and published by the Colorado Department of Transportation, codified as Wheat Ride Code of Laws (“Code”) Section 13-2; and WHEREAS, the Colorado Department of Transportation has prepared and published a 2024 edition of the Model Traffic Code for Colorado; and WHEREAS, the Council recognizes the value of the Model Traffic Code for Colorado as providing a uniform system of traffic regulation within the City that is consistent with state law and with traffic regulations throughout the state and nation; and WHEREAS, the Council finds it is necessary to adopt the most recent version of the Model Traffic Code to ensure the health, safety, and welfare of the citizenry; and WHEREAS, the Council has caused this Ordinance to be introduced at a public meeting of the Council, and subsequently has caused notice of a public hearing of the same to be published, and has conducted said hearing, all in compliance with C.R.S. § 31- 16-203. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: ATTACHMENT 1 Section 1. Section 13-2 of the Code, concerning the Colorado Model Traffic Code, is hereby amended to read as follows: Sec. 13-2. - Model Traffic Code. (a) Adopted. Pursuant to Title 31, Article 16, Parts 1 and 2, C.R.S., there is hereby adopted by reference the 202410 edition of the Model Traffic Code for Colorado, including ALL APPENDICES THEREIN Appendix I concerning definitions, promulgated and published as such by the Colorado Department of Transportation, Safety and Traffic Engineering Branch, 4201 East Arkansas Avenue, EP 700, Denver, Colorado 80222, subject to the amendments set forth herein. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the city. The purpose of this section and the code adopted herein is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulations throughout the state and the nation. Three (3) copies of the Model Traffic Code adopted herein are filed in the office of the city clerk and may be inspected during regular business hours. The 202410 edition of the Model Traffic Code is adopted as if set out at length, with amendments as set forth herein. (b) Amendments. The 202410 Model Traffic Code ADOPTED HEREBY IS FURTHER AMENDED AS FOLLOWS is subject to the following additions or modifications: (1) Section 235, reserved, is hereby amended to read in its entirety as follows: "235. Minimum standards for commercial vehicles - spot inspections. (1) A police officer or sheriff's officer may, at any time, require the driver of any commercial vehicle, as defined in section 42-4-235, C.R.S., to stop so that the officer or deputy may inspect the vehicle and all required documents for compliance with the rules and regulations promulgated by the Colorado Department of Public Safety, Colorado Code of Regulations Volume 8, 1507-1 "Minimum Standards for the Operation of Commercial Vehicles." (2) A police officer or sheriff's officer may immobilize, impound, or otherwise direct the disposition of a commercial vehicle when it is determined that the motor vehicle or operation thereof is unsafe and when such immobilization, impoundment, or disposition is appropriate under the rules and regulations promulgated by the Colorado Department of Public Safety, Colorado Code of Regulations ATTACHMENT 1 Volume 8, 1507-1 "Minimum Standards for the Operation of Commercial Vehicles." (3) Any person, as defined in section 42-1-102(69), C.R.S., who violates subsection (1) of this section commits a traffic offense." (2) Section 236, concerning child restraint systems, is hereby amended to read in its entirety as follows: "Section 236. Child restraint systems required - definitions - exemptions. (1) As used in this section, unless the context otherwise requires: (a) "Childcare center" means a facility required to be licensed under the "Childcare Licensing Act", article 6 of title 26, C.R.S. (a.1) "Child restraint system" means a specially designed seating system that is designed to protect, hold, or restrain a child in a motor vehicle in such a way as to prevent or minimize injury to the child in the event of a motor vehicle accident that is either permanently affixed to a motor vehicle or is affixed to such vehicle by a safety belt or a universal attachment system, and that meets the federal motor vehicle safety standards set forth in section 49 CFR 571.213, as amended. (a.2) "Motor vehicle" means a passenger car; a pickup truck; or a van, minivan, or sport utility vehicle with a gross vehicle weight rating of less than ten thousand pounds. "Motor vehicle" does not include motorcycles, low-power scooters, motor scooters, motor bicycles, motorized bicycles, and farm tractors and implements of husbandry designed primarily or exclusively for use in agricultural operations. (b) "Safety belt" means a lap belt, a shoulder belt, or any other belt or combination of belts installed in a motor vehicle to restrain drivers and passengers, except any such belt that is physically a part of a child restraint system. "Safety belt" includes the anchorages, the buckles, and all other equipment directly related to the operation of safety belts. Proper use of a safety belt means the shoulder belt, if present, crosses the shoulder and chest and the lap belt crosses the hips, touching the thighs. ATTACHMENT 1 (c) "Seating position" means any motor vehicle interior space intended by the motor vehicle manufacturer to provide seating accommodation while the motor vehicle is in motion. (2) (a) (I) Unless exempted pursuant to subsection (3) of this section and except as otherwise provided in subparagraphs (II) and (III) of this paragraph (a), every child who is under eight years of age and who is being transported in this state in a motor vehicle or in a vehicle operated by a child care center, shall be properly restrained in a child restraint system, according to the manufacturer's instructions. (II) If the child is less than one year of age and weighs less than twenty pounds, the child shall be properly restrained in a rear-facing child restraint system in a rear seat of the vehicle. (III) If the child is one year of age or older, but less than four years of age, and weighs less than forty pounds, but at least twenty pounds, the child shall be properly restrained in a rear-facing or forward-facing child restraint system. (b) Unless excepted pursuant to subsection (3) of this section, every child who is at least eight years of age but less than sixteen years of age who is being transported in this state in a motor vehicle or in a vehicle operated by a childcare center, shall be properly restrained in a safety belt or child restraint system according to the manufacturer's instructions. (c) If a parent is in the motor vehicle, it is the responsibility of the parent to ensure that his or her child or children are provided with and that they properly use a child restraint system or safety belt system. If a parent is not in the motor vehicle, it is the responsibility of the driver transporting a child or children, subject to the requirements of this section, to ensure that such children are provided with and that they properly use a child restraint system or safety belt system. ATTACHMENT 1 (3) Except as provided in section 42-2-105.5 (4), subsection (2) of this section does not apply to a child who: (a) Repealed. (b) Is less than eight years of age and is being transported in a motor vehicle as a result of a medical or other life-threatening emergency and a child restraint system is not available; (c) Is being transported in a commercial motor vehicle, as defined in section 42-2-402 (4) (a), that is operated by a childcare center; (d) Is the driver of a motor vehicle and is subject to the safety belt requirements provided in section 42-4-237; (e) Repealed. (f) Is being transported in a motor vehicle that is operated in the business of transporting persons for compensation or hire by or on behalf of a common carrier or a contract carrier as those terms are defined in section 40- 10.1-101, C.R.S., or an operator of a luxury limousine service as defined in section 40-10.1-301, C.R.S. (4) The division of highway safety shall implement a program for public information and education concerning the use of child restraint systems and the provisions of this section. (5) No person shall use a safety belt or child restraint system, whichever is applicable under the provisions of this section, for children under sixteen years of age in a motor vehicle unless it conforms to all applicable federal motor vehicle safety standards. (6) Any violation of this section shall not constitute negligence per se or contributory negligence per se. (7) (a) Except as otherwise provided in paragraph (b) of this subsection (7), any person who violates any provision of this section commits a class B traffic infraction. ATTACHMENT 1 (b) A minor driver under eighteen years of age who violates this section shall be punished in accordance with section 42-2-105.5(5)(b). (8) The fine may be waived if the defendant presents the court with satisfactory evidence of proof of the acquisition, purchase, or rental of a child restraint system by the time of the court appearance." (3) Section 501, concerning the penalty for size and weight violations is hereby amended to read as follows: "501. Size and weight violations. (1) Except as provided in this Part 5, it is a traffic infraction for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any street or highway within the city any vehicle or vehicles of a size or weight exceeding the limitations set forth in this Part 5. (2) The provisions of subsection (1) of this section 501 shall not apply to fire apparatus, mobile machinery, self-propelled construction equipment, or to implements of husbandry temporarily moved upon a city-maintained street or to a vehicle operated under the terms of a special permit issued pursuant to section 510 of the Model Traffic Code." (24) Subsection 507(3), concerning wheel and axle loads of self- compactor vehicles, is hereby amended to read as follows: "(3) Vehicles equipped with a self-compactor and used solely for the transportation of trash are exempted from the provisions of paragraph (b) of subsection (2) of this section only when such vehicles are travelling on a state-maintained secondary state highway within city limits." (35) Section 509, concerning "Vehicles weighed Excess removed," is hereby amended by the addition of a new subsection (4), to read in its entirety as follows: "(4) In the event that a police officer or other city employee must take any action in shifting or removing any portion of an excess load, the driver and/or owner of such vehicle shall reimburse the city for the officer's or employee's efforts in removing or shifting such load at the rate of one hundred dollars ($100.00) per hour or a ATTACHMENT 1 minimum of one hundred dollars ($100.00) for any efforts lasting less than one (1) hour." (46) Part 10, concerning driving, overtaking, and passing, is hereby amended by the addition of a new Section 1014, to read in its entirety as follows: "1014. Driving within bike lanes. (1) It shall be unlawful for the driver of any motor vehicle to drive such vehicle within the boundaries of posted bicycle pathways except under the following conditions: (a) As may be necessary to execute an otherwise lawful turn; or (b) As may be necessary in an emergency or in compliance with directions of a police officer. (2) A driver of any motor vehicle who shall drive his vehicle into a bicycle pathway in accordance with one (1) of the exceptions provided above in subsection (1) shall operate his motor vehicle with such degree of skill and care as is necessary to avoid colliding with any person or object within the bicycle pathway." (57) Subsections (a) through (f) of Section 1101(2), concerning speed limits, are hereby repealed and a new Subsection (a) is added to read as follows: "(a) Twenty-five (25) miles per hour on all streets within the City of Wheat Ridge boundaries unless otherwise posted." (68) Subsection (4) of Section 1101, concerning speed limits, is hereby repealed, and reenacted to read as follows: "(4) The speed limits specified in subsection (2) hereof shall be considered maximum lawful speed limits and not prima facie speed limits." (79) Section 1203, CONCERNING SKI AREAS TO INSTALL SIGNS, IS HEREBY REPEALED AND REPLACED reserved, is hereby amended to read in its entirety as follows: "1203. Parking of major vehicles. (1) It shall be unlawful for any person to park or store, or allow the parking or storing of, a major vehicle upon any dedicated public ATTACHMENT 1 street or road, or private drive, street or road, or public right-of-way or easement or park within the City of Wheat Ridge, except as hereinafter specified. (2) For the purposes of this section 1203, "major vehicle" is defined as any vehicle: (a) Eight (8) feet or more in width, and/or (b) Twenty-five (25) feet or more in length, or (c) Regardless of size, a truck tractor or semi-trailer, or (d) Any vehicle licensed in the State of Colorado or required to be licensed by the Colorado Department of Motor Vehicles in Colorado, or, if not a Colorado vehicle, which would otherwise be required to be licensed by the Department of Motor Vehicles in Colorado under any of the categories COMM, GTM, Metro, apportioned, or farm. (3) Notwithstanding the foregoing provisions, the following exceptions apply to the provisions of this section 1203: (a) Any major vehicle in immediate and active use, or in the process of actively being loaded or unloaded; (b) Fire trucks, ambulances, emergency rescue vehicles, tow trucks, and other emergency vehicles in use; (c) Passenger buses or vehicles owned or operated by regulated or governmental or quasi-governmental corporations or entities or agencies or public or private schools and/or churches; provided, that said buses or vehicles are parked on the property owned by the governmental or quasi-governmental corporation or entity or agency, or church or school; (d) Motor homes or recreational vehicles if parked or stored upon the property of the owner, or if said vehicles are owned by one other than the property owner where parked, if said motor vehicles or recreational vehicles are stored or parked on said private property with the knowledge and consent of the property owner; provided that no more than two (2) such vehicles are stored on any such lot or parcel at any one (1) time, and said vehicle is parked six (6) feet or more ATTACHMENT 1 inside the front property line; except that, for the purpose of allowing the loading or unloading of any motor home or recreational vehicle, such motor home or recreational vehicle may be lawfully parked on a public street directly in front of the property of the owner of the vehicle, or directly in front of the property of the person or persons being visited by the owner or operator of the vehicle, for a maximum period of seventy-two (72) hours, no more frequently than once in each two-week period; (e) Passenger or other vans or pickup trucks bearing COMM, Metro, or farm license plates if the vehicle in question is used by the owner as a personal transportation vehicle when the same is not being utilized for business or commercial purposes; (f) Any major vehicle parked in or upon property upon which a special use permit is granted authorizing the parking of commercial semitrailers and trailers pursuant to the zoning ordinance; (g) Any equipment, implements, machinery, and/or large trucks, trailers and/or semi-tractor trailers authorized pursuant to the zoning ordinance; (h) Any major vehicle parked or stored upon property wherein the use or storage of said major vehicle is related to the transportation needs of the business conducted on such property; (i) No provision of section 1203 of this code shall apply upon state highways within this municipality. (4) Enforcement. Notwithstanding any other provisions of this Model Traffic Code or of the Wheat Ridge City Code, any major vehicle as defined herein which is parked or stored in violation of the provisions of section 1203 of this code shall be subject to being towed and stored, at the owner's sole expense, by a towing contractor selected by the chief of police of the City of Wheat Ridge. The towing of illegally parked vehicles is necessary to ensure traffic and pedestrian safety by removing the view impediment created by the illegally parked major vehicles. In addition to the right to tow said illegally parked major vehicles, authority is granted to impose administrative charges upon the owner or operator of said illegally ATTACHMENT 1 parked vehicle, or the owner of property allowing or permitting such illegal parking, subject to the following requirements: (a) To defray the cost of enforcement of this provision, a charge of one hundred fifty dollars ($150.00); (b) Any person subjected to said administrative charges who objects thereto shall be entitled to either: 1. Request a hearing before the municipal court referee appointed pursuant to Section 14-10 of the Wheat Ridge Code of Laws, which hearing shall be held no less than seventy-two (72) hours after the making of said request; or 12. Have a summons and complaint issued directing such person to appear in the Wheat Ridge Municipal Court to answer charges of violating section 1203 of this code. If found guilty in the Wheat Ridge Municipal Court of such charges or if a guilty plea is entered, the court shall impose a fine as specified in subsection 1203(4)(a) herein. (c) No vehicle shall be released from storage after towing unless and until all towing and storage charges have been paid, and all administrative charges specified in this section 1203 have been paid, or evidence is presented by the Wheat Ridge Police Department in the municipal court that the rights granted under section 1203(4)(b)(2) of this code have been invoked. In the event any towing is found to be improper all costs for towing and storage shall be reimbursed by the city to the owner." (810) Section 1204, concerning stopping, standing, or parking in specified places, is hereby amended by the addition of a new subsection 1204(1)(l) to read as follows: "(l) Within designated and marked emergency access lanes so as to obstruct such access lanes anywhere within the municipality of the City of Wheat Ridge, whether upon public or private property, except emergency vehicles (i.e., police cars, fire department vehicles, ambulances, EMT vehicles, etc.) during the answering of an emergency call." ATTACHMENT 1 (911) Section 1208, concerning parking privileges for persons with disabilities, is hereby amended by deleting Subsection (7) and amending the language of subsections (5) and (6) to read as follows: "(5) No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with directions of a police officer, in a zone that is designated as a handicapped parking area in a manner which obstructs or may obstruct the use of the designated handicapped parking area by a vehicle with distinguishing license plates or by a vehicle with an identifying placard indicating that the occupant of said vehicle is a person with a disability as defined herein unless the vehicle has a distinguishing license plate or an identifying placard indicating that the occupant of said vehicle is a person with a disability. (6) (a) A person who does not have a disability and who exercises the privilege defined in subsection (2) of this section or who violates subsection (5) or (10) of this section commits a class B traffic infraction punishable by a fine of two hundred twenty-five dollars ($225.00). (b) A person who violates this subsection (6) by parking a vehicle owned by a commercial carrier, as defined in section 42-1- 102(17), shall be subject to a fine of up to twice the penalty imposed in paragraph (a) of this subsection (6). (7) A person who does not have a disability and who uses an identifying license plate or placard in order to receive the benefits or privileges available to a person with a disability under this section commits a misdemeanor punishable by a fine of two hundred twenty-five dollars ($225.00). (8) (a) A peace officer or authorized parking enforcement official may check the identification of any person using an identifying license plate or placard in order to determine whether such use is authorized." (102) Section 1407, concerning spilling loads on highways is amended to read as follows: "1407. Spilling loads on streets or highways prohibited. (1) No vehicle shall be driven or moved on any street or highway unless such vehicle is constructed or loaded or the load thereof securely covered to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom; except that sand ATTACHMENT 1 may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining such roadway. (2) Violation of this section constitutes a traffic infraction. In the event that a vehicle unlawfully spills its load on public property, the driver and/or owner of such vehicle shall be liable to the city for any damages caused by such spill. In addition, if city employees must take any action in removal or mitigation of such a spill, the driver and/or owner shall also reimburse the city or its employees' removal or mitigation efforts at the rate of one hundred dollars ($100.00) for any response lasting less than one (1) hour." (113) Part 14, concerning other offenses, is hereby amended by the addition of a new section 14176 to read in its entirety as follows: "14176. Driving through private property or driveways. (1) It is unlawful for any person to drive from a public street or public way of this city over, across or through any private driveway to avoid traffic-control signals, stop signs or other traffic-control devices or as a route or shortcut from one (1) public street or public way to another. (2) As used in subsection (1) of this section, 'private property' includes, but is not limited to, any property not dedicated as a public street or public way, alley, right-of-way, or easement. (3) It shall be an affirmative defense to a charge of violating subsection (1) that the person charged is the owner of or has a leasehold interest in or an easement on or the right to the possession or use of the property or driveway through or across which the motor vehicle is driven." (124) Part 14, concerning other offenses, is hereby amended by the addition of a new section 14187 to read in its entirety as follows: "14187. Traffic Violations Committed in Certain Zones (1) Any person who commits a moving traffic violation in a school, maintenance, repair, or construction zone, which zone has been marked or posted as such, is subject to double the amount of penalty and surcharge imposed. For the purposes of this section, "school zone" means an area that is designated as a school zone with signs posted on the public right-of-way. If the penalty and surcharge has been doubled because a violation occurred within a ATTACHMENT 1 highway maintenance, repair, or construction zone which was also a designated school zone, the penalty and surcharge shall not be doubled twice." (135) Section 1701, concerning the classification of traffic offenses and schedule of fines, is hereby amended to read in its entirety as follows: "1701. Traffic offenses and infractions classified - penalties - penalty and surcharge schedule. (1) Except as specifically set forth in this Section 1701, it is a traffic infraction for any person to violate any of the provisions of this code. Any designation or classification of a violation in any other section of this code is inapplicable and expressly superseded by this Section 1701. Traffic infractions shall constitute civil matters. The Colorado Rules of Municipal Procedure shall apply to traffic infraction proceedings, except that no warrant for arrest shall be issued for the defendant's failure to appear when the only violation charged would constitute a noncriminal traffic infraction and the defendant's driver's license is issued by the State of Colorado or any other state which participates in the Interstate Nonresident Violator Compact, as codified at C.R.S. § 24-60-2101. Instead, the court may enter a judgment of liability by default against the defendant for failure to appear, assess any penalty and costs established by law and report the judgment to the appropriate state motor vehicle department which may assess points against the defendant's driver's license and may take appropriate action to ensure that the judgment is satisfied. There is no right to a trial by jury for any noncriminal traffic infraction. (2) The following violations constitute criminal traffic offenses: (a) A violation of section 1101 involving driving twenty- five (25) or more miles in excess of the lawful speed limit. (b) A violation of section 1101(8)(a) involving driving twenty-five (25) miles or more in excess of the speed limit on any interstate highway. (c) Violations of sections 1105 (speed contests), 1401 (reckless driving), 1402 (careless driving), 1409 (failure to show compulsory insurance), 1413 (eluding a police officer), 1703 (aiding and abetting a traffic offense) ATTACHMENT 1 and 1903 (failing to stop for a school bus) of the Model Traffic Code, as amended. (3) Notwithstanding any other provision of this code to the contrary, traffic infractions as provided in this code shall be subject to the following maximum penalty: a fine of $2,650.001,000.00. Court costs as authorized by state and local law shall be added to the fine. (4) Notwithstanding any other provision of this code to the contrary, criminal traffic offenses as provided in this code shall be subject to the following maximum penalties: 1 year imprisonment or fine of $2,650.001,000.00 or both. Court costs as authorized by state and local law shall be added to any penalty imposed. (146) Section 1709, concerning penalty assessment notices, is amended by the addition of new subsections (86) and (97) to read in their entirety as follows: "(86) Payment of a penalty assessment notice by the person to whom the notice is tendered shall constitute an acknowledgment of guilt by such person of his or her violation of the offense stated in such notice. (97) Payment of the prescribed fine shall be deemed a complete satisfaction for the violation, and the city, upon accepting the prescribed fine, shall issue a receipt to the violator acknowledging payment thereof if requested. Checks tendered and accepted and on which payment is received shall be deemed sufficient receipt." (157) Part 17, concerning penalties and procedure, is hereby amended by the addition of a new section 1718 to read in its entirety as follows: "1718. Penalty - Compulsory insurance. (1) Notwithstanding the provisions of Section 1701 of this Code, any person who violates section 1409 of this Code shall be punished by a minimum mandatory fine of not less than five hundred dollars ($500.00). The court may suspend up to one half of the fine upon a showing that appropriate insurance as required by law has been obtained. Nothing herein shall be construed to prevent the court from imposing a fine greater than the minimum mandatory fine. ATTACHMENT 1 (2) Notwithstanding the provisions of Section 1701 of this Code, upon a second or subsequent conviction under section 1409 of this Code within a period of five years following a prior conviction under said section 1409, in addition to any imprisonment imposed, the defendant shall be punished by a minimum mandatory fine of not less than one thousand dollars ($1,000.00). The court may suspend up to one half of the fine upon a showing that appropriate insurance as required by law has been obtained. (3) SUBJECT TO THE LIMITATIONS OF SECTION 1409(9) OF THIS CODE Ffifty percent of all fines collected pursuant to this Section 1718 shall be deposited in the Hotel/Motel Fund to be used for community policing and crime prevention projects and purposes. The remaining fifty percent shall be deposited in the General Fund." (168) Part 18, concerning vehicles abandoned on public property, is deleted in its entirety. (c) Purpose; rules of interpretation. This section shall be so interpreted and construed as to effectuate its general purpose to make uniform the local traffic regulations contained herein. The purpose of this section and the code adopted herein is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulations throughout the state and nation. Article and section headings of this section and adopted Model Traffic Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or extent of the provisions of any article or section thereof. (d) Application. The provisions of the adopted Model Traffic Code, as amended, shall apply to every street, alley, sidewalk area, driveway, park, and to every other public way or public parking area, either within or outside the corporate limits of this city, the use of which this city has jurisdiction and authority to regulate. The provisions of sections 606, 1204, 1208, 1211, 1401, 1402, 1409 and 1413, of the adopted Model Traffic Code, respectively, concerning unauthorized devices, parking, parking for persons with disabilities, limitations on backing, reckless driving, careless driving, failing to show compulsory insurance and eluding an officer shall apply not only to public places and ways, but also throughout this city. (e) Penalties. Except as otherwise provided in sections 13-6(b) and (d), aAny person convicted of any violation of the provisions of this chapter shall be subject to penalties as set forth in section 1701 of the Model Traffic Code, as amended. ATTACHMENT 1 Section 2. Section 13-4 of the Code, concerning incorrect registration of motor vehicles, is hereby repealed, and designated as reserved as follows: Sec. 13-4. - Incorrect registration of a motor vehicle. RESERVED. (a) Definitions. In this section: (1) City treasurer shall mean the elected treasurer of the city or his designee. (2) Penalty assessment notice means the written notice of the city treasurer's determination that a violation of C.R.S. § 42-6-137(2), has occurred and assessment and demand for the payment of the civil penalty provided for in subsection (3) of this section. (3) Notice of deficiency means the notice issued by the city treasurer pursuant to section 22-43 of this Code for failure, neglect or refusal to pay any sales or use tax due or any penalties or interest thereon. (b) Registration in violation of state law prohibited. No person shall register a motor vehicle in violation of the provisions of C.R.S. § 42-6- 137(2). (c) Penalty; procedure for assessment. A person who registers a motor vehicle in violation of the provisions of C.R.S. section 42-6-137(2), shall be subject to a five hundred dollar ($500.00) civil penalty pursuant to the authority granted in C.R.S. § 42-6-137(4). The procedure for the assessment of such civil penalty shall be as follows: (1) When the city treasurer determines on such information as is available that a person has registered a motor vehicle in violation of the provisions of C.R.S. § 42-6-137(2), the city treasurer shall provide to such person a penalty assessment notice. If the city treasurer also has determined pursuant to section 22-43 of this Code that sales or use tax as is due to the city on such motor vehicle, such penalty assessment notice shall be included in the notice of deficiency. (2) Such person shall pay such civil penalty within the same period provided pursuant to section 22-43 for payment of any amounts due pursuant to the notice of deficiency unless such person files a written protest pursuant to paragraph (3) of this subsection. (3) If such person desires to protest the penalty assessment notice, such person shall file a written protest with the city treasurer within the period time provided pursuant to section 22-43 for protesting a notice of deficiency. The protest shall set forth the facts which show that a violation ATTACHMENT 1 of C.R.S. § 42-6-137(2), did not occur. The city treasurer shall issue a written decision affirming or withdrawing such penalty assessment notice within the same time period and in the same manner as provided pursuant to section 22-43 on a protest on a notice of deficiency. If the decision affirms the penalty assessment notice, such persons shall pay such civil penalty within the time period provided for payment of a final assessment pursuant to section 22-43. (4) Such person may seek judicial review of the city treasurer's decision pursuant to C.R.C.P. 106(a)(4). No such judicial review shall be available if a written protest was not timely filed in the manner provided for in paragraph (3) above. (5) The city treasurer may enforce collection of the civil penalty provided for in this subsection (c) in the manner provided in section 22-43 of the Wheat Ridge City Code for the collection of unpaid sales or use taxes, penalties, or interest. (d) Violation and penalty. Any person violating any of the provisions of this section shall be subject, upon conviction of said violation, to a fine not to exceed nine hundred ninety-nine dollars ($999.00). In addition, nothing in this section shall be deemed to preclude the collection of any tax or fee or penalties or interest thereon provided by law, or the imposition of any other civil or criminal penalty provided by law. Authority is specifically granted to the court to impose both a criminal fine and a civil penalty for violation of the provisions hereof. Section 3. Section 13-6(d) of the Code, safety standards and specifications for commercial vehicles, is hereby amended to read as follows: Sec. 13-6. - Safety standards and specifications. (a) Adopted. The "Rules and Regulations Governing the Safety Standards and Specifications of All Commercial Vehicles," as promulgated by the Colorado Department of Public Safety, and as the same may be amended from time to time, are hereby adopted. Copies of said rules and regulations are available for inspection at the office of the city clerk. (b) Penalties. Any person, firm or corporation violating any of the provisions of subsection (a) of this section or Part 5 of the Model Traffic Code for Colorado Municipalities, as amended, upon a plea of guilty or no contest, or upon a conviction thereof, shall be fined in a sum not to exceed nine hundred ninety-nine dollars ($999.00) for each violation. In the alternative, any person, firm, or corporation violating any of the provisions of subsection (a) of this section or Part 5 of the Model Traffic Code, as amended, may be fined a penalty assessment fine of seventy-five dollars ($75.00) for each ATTACHMENT 1 violation. Each and every day which a violation is permitted to exist shall constitute a separate and distinct offense. The penalties herein shall not preclude the city from initiating any other action to abate or prevent the occurrence of any violation of the provisions specified in this section. (c) Immobilization. Police officers are hereby authorized to immobilize, impound or otherwise direct the disposition of commercial vehicles when it is determined that the motor vehicle or operation thereof is unsafe and when such immobilization, impoundment or disposition is appropriate under the "Rules and Regulations Governing the Safety Standards and Specifications of All Commercial Vehicles," as promulgated by the Colorado Department of Safety, and as the same may be amended from time to time. (d) Excess weight—Penalty assessment. Any person who pleads guilty or is convicted of violating the weight limitations of either section 507 or section 508 of the Model Traffic Code, as amended, shall be subject to the penalties AS SET FORTH IN SECTION 1701 OF THE MODEL TRAFFIC CODE, AS AMENDED. of subsection (b) of this section and for each axle and/or gross weight violation an additional penalty assessment fine according to the following schedule: Section 4. Severability, Conflicting Ordinances Repealed. If any section, subsection, or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 13th day of January 2025, ordered published by title in full in on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for January 27, 2025, at 6:30 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 27th day of January 2025. SIGNED by the Mayor on this _____ day of ____________, 2025. ATTEST: Bud Starker, Mayor Margy Greer, Sr. Deputy City Clerk ATTACHMENT 1 Approved as to Form: Gerald E. Dahl, City Attorney First Publication: January 14, 2025 Second Publication: January 28, 2025 Effective Date: February 12, 2025 Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NUMBER: 4 DATE: January 27, 2025 REQUEST FOR CITY COUNCIL ACTION COUNCIL BILL NO. 04-2025 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO INCLUDE POLICE RECRUITS AS PARTICIPANTS IN THE CITY’S POLICE PENSION PLAN ☒PUBLIC HEARING ☐BIDS/MOTIONS ☐RESOLUTIONS ☐ORDINANCES FOR 1st READING ☒ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: Per the Wheat Ridge Code of Laws, membership in the police pension plan does not currently extend to recruits entering the academy. Recruits are therefore placed in the civilian plan for approximately six months, then enrolled in the sworn plan. This is administratively burdensome for staff and challenging for recruits. This ordinance amends the code to allow recruits to enroll immediately into the police pension plan. PRIOR ACTION: City Council last amended the code relating to police pension in 2019. City Council approved this ordinance on first reading on January 13, 2025. A motion was made by Councilmember Ohm and seconded by Councilmember Hoppe and was approved by a vote of 8 to 0. FINANCIAL IMPACT: There is very little financial impact to enrolling recruits in the police pension plan. While the City will contribute a greater amount (12.5% versus 6%), the City will not pay social security (6.2%) for police recruits once this change is effective. BACKGROUND: Sec. 19.51-55 of the Wheat Ridge Code of Laws speaks to the police pension. Currently, plan members are described as “full-time, paid, sworn police officers of the police department of the city.” Police recruits (employees hired to enter the police academy with the express purpose of becoming Wheat Ridge police officers) are not sworn employees, therefore are not eligible to participate in the sworn plan. Recruits are Council Action Form – Police Pension Membership Change January 27, 2025 Page 2 instead placed in the civilian 401(a) plan. Once they complete the academy and are POST certified, they are enrolled in the sworn plan. They have to maintain their civilian 401(a) plan concurrently, so as not to lose out on the city’s contribution for the first six months of their employment, for at least five years. After five years, once they are fully vested, they can “roll” their funds into their sworn 401(a) account. This is administratively burdensome and convoluted and requires recruits to do additional work to manage their retirement portfolios. This simple code change allows recruits to be placed into the sworn 401(a) plan upon hire. RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 04-2025, an ordinance amending the Wheat Ridge Code of Laws to include police recruits as participants in the city’s police pension plan on second reading, and that it take effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 04-2025, an ordinance amending the Wheat Ridge Code of Laws to include police recruits as participants in the city’s police pension plan, for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill 04-2025 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER OHM Council Bill No. 04 Ordinance No. 1817 Series 2025 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO INCLUDE POLICE RECRUITS AS PARTICIPANTS IN THE CITY’S POLICE PENSION PLAN WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, in the exercise of this authority, the Council has adopted a pension plan for officers of the police department; and WHEREAS, the Council wishes to include police recruits as eligible to participate in said plan. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 19-51(a) of the Code of Laws, establishing the police fund, is amended to read: Sec. 19-51. Establishment. (a) There is hereby established the Wheat Ride Police Pension Fund, the purpose of which is to provide retirement benefits for members of the city police department. Members of the plan are defined as full time, paid, sworn police officers AND POLICE RECRUITS of the police department of the city. Section 2. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 13th day of January, 2025, 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 27, 2025, at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. ATTACHMENT 1 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 27th day of January 2025. SIGNED by the Mayor on this _____ day of ____________, 2025. ATTEST: Margy Greer, Senior Deputy City Clerk Bud Starker, Mayor Approved as to Form: Gerald E. Dahl, City Attorney First Publication: January 14, 2025 Second Publication: January 28, 2025 Effective Date: February 12, 2025 Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NUMBER: 5 DATE: January 27, 2025 REQUEST FOR CITY COUNCIL ACTION RESOLUTION 06-2025 TITLE: A RESOLUTION AMENDING THE BYLAWS OF THE INCLUSION, DIVERSITY, EQUITY AND ACCESSIBILITY (IDEA) COMMITTEE AND SUSTAINABLE WHEAT RIDGE COMMITTEE TO CONFORM TERM DATES WITH OTHER BOARDS, COMMISSIONS AND COMMITTEES ☐PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: This Resolution amends the Bylaws for the IDEA and Sustainable Wheat Ridge Committees, so their term dates conform with other Boards, Commission, and Committees. The only Commission which does not conform is the Election Commission, as its membership terms are set by the Home Rule Charter. PRIOR ACTION: On February 26, 2024, Resolution No. 08-2024 was adopted by City Council. That resolution adopted Bylaws for the Boards, Commissions and Committees, except for the Election Commission. FINANCIAL IMPACT: There is no financial impact to the City of Wheat Ridge. BACKGROUND: The City of Wheat Ridge is authorized by the home rule charter to create boards and commissions and to provide for the membership thereof. Code of Laws Section 2-54(e) requires Council approval of all board and commission rules of procedure. The Bylaws adopted by City Council on February 26, 2024, specified terms begin on March 1 and end on February 28. Regular boards and commission term dates expire March 2 each year, meaning that new terms begin on March 3. Staff recommends removing the term dates from the IDEA and Sustainable Wheat Ridge committee bylaws Board, Commission and Committee Term Dates January 27, 2025 Page 2 so that staff can align the end dates with other boards and commissions to bring consistency to the appointment process and to ensure there are no gaps in service. For clarity, and to ease confusion, the reader is invited to review the second attachment – Excerpts from Bylaws – and notice that simply the beginning term date of March 1 and ending term date of February 28 are removed from the IDEA and Sustainable Wheat Ridge committee bylaws. RECOMMENDATIONS: Staff is recommending this amendment to the Bylaws so that term ending dates for Boards, Commissions and Committees are uniform. RECOMMENDED MOTION: “I move to approve Resolution 06-2025, a Resolution amending the bylaws of the Inclusion, Diversity, Equity and Accessibility (IDEA) Committee and Sustainable Wheat Ridge Committee to conform term dates with other boards, commissions and committees.” Or, “I move to postpone indefinitely Resolution 06-2025, a resolution amending the bylaws of the IDEA and Sustainable Wheat Ridge Committees for the following reason(s).” REPORT PREPARED/REVIEWED BY: Margy Greer, Sr. Deputy City Clerk Gerald Dahl, City Attorney Allison Scheck, Deputy City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 06-2025 2. Redline Version – Excerpts from Bylaws CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 06 SERIES OF 2025 TITLE: A RESOLUTION AMENDING THE BYLAWS OF THE INCLUSION, DIVERSITY, EQUITY AND ACCESSIBILITY (IDEA) COMMITTEE AND SUSTAINABLE WHEAT RIDGE COMMITTEE TO CONFORM TERM DATES WITH OTHER BOARDS, COMMISSIONS AND COMMITTEES WHEREAS, on February 26, 2024, City Council adopted Resolution No. 08-2024 which provided for adoption of Bylaws of several of the City’s public bodies; and WHEREAS, board and commission term dates have been established to begin on March 3 and end on March 2 of each term; and WHEREAS, Bylaws for the IDEA and Sustainable Wheat Ridge committees were adopted with terms to begin on March 1 and end on February 28 of each term; and WHEREAS, City Council wishes to have the public bodies’ Bylaws regarding term dates be uniform. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Article IV, Item 6, of the IDEA Committee’s Bylaws shall be amended to read as follows: 6. Members to the Committee shall serve three (3) year terms. Section 2. Article IV, Item 6, of the Sustainable Wheat Ridge Bylaws shall be amended to read as follows: 6. Members to the Committee shall serve three (3) year terms Section 3. Article V, Item 1, of the Sustainable Wheat Ridge Bylaws shall be amended to read as follows: 1. Each year beginning upon their appointment: a. Members shall participate in at least three (3) community engagement events. b. Members shall participate in at least one (1) sub-topic committee or project. DONE AND RESOLVED this 27th day of January 2025 [SEAL] ATTEST: Margy Greer, Sr. Deputy City Clerk Bud Starker, Mayor PROPOSED AMENDMENTS TO COMMITTEE BYLAWS Excerpts from Committee Bylaws… IDEA COMMITTEE BYLAWS: ARTICLE IV. Item 6. Members to the Committee shall serve three (3) year terms. beginning on March 1st of each year. SUSTAINABLE WHEAT RIDGE BYLAWS: ARTICLE IV. Item 6. Members to the Committee shall serve three (3) year terms. beginning on March 1st of each year. ARTICLE V. Item 1. beginning on March 1st and ending on February 28th of EACH YEAR BEGINNING UPON THEIR APPOINTMENT: a. Members shall participate in at least three (3) community engagement events. b. Members shall participate in at least one (1) sub-topic committee or project. ITEM NUMBER: 6 DATE: January 27, 2025 REQUEST FOR CITY COUNCIL ACTION RESOLUTION 07-2025 TITLE: A RESOLUTION APPROVING THE AMENDMENT AND RESTATEMENT OF THE CITY OF WHEAT RIDGE POLICE PENSION FUND PLAN ADOPTION AGREEMENT ☐PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The City provides a 401(a)-retirement benefit to sworn and civilian employees. This resolution proposes two changes to the sworn pension plan. First, it increases the City’s contribution by one half percent to 12.5%. Second, it reduces the normal retirement age for sworn employees from 55 to 50 years old, the IRS minimum for public safety employees. PRIOR ACTION: From time to time, City Council approves amendments to the sworn retirement Plan Adoption Agreement as required in Sec. 19-52 of the City’s Code of Laws. FINANCIAL IMPACT: The financial impact to the 0.5% increase in the City’s contribution to sworn employees is approximately $45,000. This amount was not budgeted in 2025, however will be offset over the course by the release of approximately $120,000 in forfeitures from the plan. These forfeitures are portions of the City’s contributions to employees who left employment with Wheat Ridge prior to being fully vested. These funds will be used to offset the employer contribution, leaving a small amount for the Police Pension Board to use for administrative costs of the plan. There is no direct financial impact to the City by reducing the normal retirement age for sworn police members to 50 years old. BACKGROUND: The Police Pension is governed by a board as defined by Sec. 19-52(b) of the City’s Council Action Form – Police Pension Amendments January 27, 2025 Page 2 Code of Laws: “The police pension board shall serve as trustee for the plan hereby created. The members of the police pension board shall be the mayor, the city treasurer, the city clerk, the chief of police, and three (3) members of the plan as defined herein, which members of the plan shall be elected by the membership of the plan.” The Police Pension Board approached City leadership about increasing the employer contribution to remain competitive with surrounding jurisdictions. Staff evaluated the request and determined that it would be in the City’s best interest to increase the employer contribution in order to remain competitive in the Denver Metro/Boulder market for sworn employees. The Police Pension Board also recommended that the normal retirement age (NRA) for sworn employees be reduced to 50 years old to align with the IRS minimum for public safety employees. Staff evaluated this request, and determined it is common for public safety employees to retire earlier than other types of employees in public service because of the nature of their jobs and that due to changes to recent IRS guidelines, public safety employees can now access retirement funds beginning at age 50 without penalty. Staff also learned that by reducing the normal retirement age, it gives officers approaching retirement opportunities to save more for retirement, because by lowering the NRA, officers can take advantage of tax free “catchup” provisions at a younger age. RECOMMENDATIONS: Staff recommends approval of this Resolution. RECOMMENDED MOTION: “I move to approve Resolution 07-2025, a Resolution approving the Amendment and Restatement of the City of Wheat Ridge Police Pension Fund Plan Adoption Agreement.” Or, “I move to postpone indefinitely Resolution 07-2025, a resolution approving the Amendment and Restatement of the City of Wheat Ridge Police Pension Fund Plan Adoption Agreement for the following reason(s).” REPORT PREPARED/REVIEWED BY: Carli Seeba, Manager of People and Culture Allison Scheck, Deputy City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 07-2025 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 07 SERIES OF 2025 TITLE: A RESOLUTION APPROVING THE AMENDMENT AND RESTATEMENT OF THE CITY OF WHEAT RIDGE POLICE PENSION FUND PLAN ADOPTION AGREEMENT WHEREAS, Chapter 19, Article III of the Wheat Ridge Code of Laws provides for the Wheat Ridge Police Pension Fund; and WHEREAS, the current Plan Adoption Agreement specifies a normal retirement age of 55 and the employer contribution amount of twelve percent (12%); and WHEREAS, City Council desires to attract and retain qualified employees to serve as sworn members of the Police Department and therefore remain competitive with retirement benefits offered; and WHEREAS, per Sec. 19-52 (e), City Council shall approve changes to the Plan Adoption Agreement by Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. The Wheat Ridge Police Pension Fund Plan Adoption Agreement shall be amended to increase the employer contribution by one half percent (from 12% to 12.5%) as soon as is administratively feasible. Section 2. The Wheat Ridge Police Pension Fund Plan Adoption Agreement shall be amended to reduce the normal retirement age from 55 years old to 50 years old. DONE AND RESOLVED this 27th day of January 2025 [SEAL] ATTEST: Margy Greer, Sr. Deputy City Clerk Bud Starker, Mayor