AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING REGULATION OF NATURAL MEDICINE SERVICES AND HEALING CENTERS

Request for approval of a Specific Development Plan for a Bonfire Burritos drive-thru restaurant in Planning Area 6 of the Clear Creek Crossing development.

The Economic Development Division of the City Manager’s Office and its consultant, Progressive Urban Management Associates (PUMA), have completed a final draft of an Economic Development Strategic Plan. This strategic plan is being branded as the Wheat Ridge Prosperity Plan (the Plan) and is being developed as a stand-alone document to be used by the City Manager’s Economic Development Division. PUMA and City Staff will provide an update primarily on the Plan’s Implementation Matrix, which can be found in Section A of the Appendix (Attachment 2). The final recommended plan will be presented to City Council at a future date for adoption.

Additional services are needed from HDR, Inc., to complete the valuation and acquisition negotiation for various land parcels needed to construct the Ward Station Multi-Modal Improvements project.

On-going design support services are needed from the design engineer, HDR, Inc., through the remainder of the construction phase for the Improve Wadsworth project.

The design plans and associated documents for the Ward Station Multi-Modal Project are approximately 90% complete. Due to on-going coordination issues with various agencies, it is necessary to approve a contract with Short-Elliot-Hendrickson, Inc. (SEH) for professional design services to complete the design of this project.

On-going construction management services are needed from AECOM Technical Services, Inc. for the 2025 construction period of the Improve Wadsworth project. A new contract has been established to specify deliverables associated with these efforts.

The calendar of the City Council meetings is adopted by a motion of the City Council annually. Adopting the meeting calendar for the year is more efficient and enables the Mayor, Council, and staff to schedule other events and travel in advance. The Council will be able to amend the calendar by motion throughout the year, if necessary. The following City Council meetings that conflict with observed City holidays or other known events during the year are recommended for cancellation. • Study Session, January 20, 2025 – Martin Luther King, Jr. Day • Study Session, February 17, 2025 – President’s Day • Regular City Council Meeting, May 26, 2025 – Memorial Day • Study Session, September 1, 2025 – Labor Day Council may want to also consider the following City Council meetings that conflict with other meetings or community events: • Regular City Council Meeting, March 10, 2025 – National League of Cities Conference • Regular City Council Meeting, March 24, 2025 – Jeffco Schools spring break • Regular City Council Meeting, December 22, 2025 – Christmas holiday

Over the course of the last three years, the City has evaluated its systems and business processes in order to streamline and modernize essential organizational functions. The City has selected five systems to drive efficiency and modernize business practices across the enterprise. The fourth system to be purchased and implemented is Paycom which will modernize employee operations and practices including personnel, payroll, recruiting, onboarding, performance management and training.

Chapter 21 of the city’s municipal code provides for construction and other work activities within or upon the public right-of-way while protecting the integrity of the roadway network and city-owned infrastructure. This ordinance adds or modifies language to the municipal code to address various construction-related provisions and streamlines the licensing provisions.

The City’s Community Development Department manages the licensing of building contractors. Currently there are 14 license categories and over 3400 active licenses. This ordinance simplifies the licensing framework.

The City was approached by Kyle and Erin Ballew for a proposed retail development, DOP’s Sweet Spot, at the southwest corner of 38th Avenue and Johnson Street. The 29,810 square foot parcel is owned by the City of Wheat Ridge and was rezoned to Planned Commercial Development in 2008. Permitted uses on the subject property include any land use allowed in the City’s Restricted Commercial zone district. This proposed retail use would be a permitted use. Only 25,378 square feet of the parcel would be sold and the remaining 4,432 would be retained by the City for regional drainage. Section 16.5 of the City Charter states that “The City shall not sell or dispose of municipally owned buildings or real property for a public purpose, without first obtaining the approval, by ordinance, of three-fourths of the entire council.”

The applicant is requesting to modify the underlying zoning for certain areas of Clear Creek Crossing to refine allowed uses, setbacks, street, plaza, and multi-modal requirements. The intent of these changes is to relocate the main restaurant and entertainment district to the western edge of the site and to create a premiere pedestrian corridor to connect users from W. 40th Avenue.

In 2023, the Colorado General Assembly approved the Colorado Natural Medicine Act, creating a regulatory structure for natural medicines and the operation of licensed healing centers. Under the Act, the city may regulate the time, place and manner of healing centers licensed by the state, but the City may not prohibit the uses entirely. This ordinance allows healing centers in the City’s commercial, industrial, and mixed-use zone districts in a manner similar to medical offices. The ordinance also memorializes the state-enacted separation from schools and daycares.

Applewood RV Resort, LLC is requesting approval of an amendment to the Prospect Park Place ODP at property located at 11600 W. 44th Avenue. The purpose of the request is to amend the existing zoning to expand RV camping uses onto Lot 1, located on the northernmost portion of the site.

During the 2024 Neighborhood Traffic Management Program (NTMP), four roadway segments met the criteria to receive traffic calming based on the program’s eligibility requirements. These four projects will be constructed in 2025.

The 2E fund, established to separate and track revenues and expenditures commensurate with the 2017 sales tax bond issuance, has a remaining balance of approximately $12.6 million. In discussions with Council prior to the 2J bond issuance, it was agreed that $7.4 million would be used to pay down the 2017 bonds and approximately $5.2 million would be transferred to the CIP Fund to defray remaining costs of the Improve Wadsworth project. This resolution authorizes the necessary supplemental appropriations to defease the remaining debt service on the 2017 bonds, complete the transfer to the CIP Fund and close the 2E Fund.

“Because of the significant mobility of today’s traffic and the influx of motorists from many areas, every driver has a right to expect the rules governing the movement of vehicles and pedestrians on streets and highways are clearly defined and reasonably uniform throughout the state and the nation. The General Assembly of the State of Colorado has recognized that conflicts between the state’s traffic laws, and municipal traffic ordinances lead to inconsistencies in the movement of traffic and has strengthened the requirements for uniformity of traffic regulations.” (Model Traffic Code for Colorado 2024-Colorado Department of Transportation) The City of Wheat Ridge is bound by the laws and guidance of the State of Colorado and as such, we are required to periodically review the City of Wheat Ridge Municipal Traffic Code to ensure conformance with the state mandate as a subservient or secondary traffic management plan to the State of Colorado Traffic Ordinances. The Wheat Ridge Police Department periodically reviews the City of Wheat Ridge Municipal Code to align with state traffic code changes and ensure consistency across all Colorado roads. The newest version of the Colorado Model Traffic Code was adopted and installed in 2024. The updated Model Traffic Code re-enforces and provides additional guidance and resources to serve more comprehensively those who use the roads in Colorado as well as those who utilize the roads within Wheat Ridge. The newest guidance, changes, and updates along with the addition of new technology and resources will allow Wheat Ridge employees (Police and Courts) to address emerging trends and driving behaviors that have become problematic within Wheat Ridge. The addition of new vehicle technology, cultural attitudes, and intentions was the impetus of many of the changes in the 2024 Model Traffic Code. The ability to address more comprehensively those driving behaviors and trends allows Wheat Ridge employees the opportunity to ensure our community safety and advance the city’s core values with persons using the roads within the Wheat Ridge community.

The Colorado General Assembly has recently enacted Senate Bill 23-290, codified at CRS 44- 50-101, creating a regulatory structure for the operation of licensed facilities for the supervised use of natural medicines by individuals age 21 and over. The Act creates a state agency responsible for licensing and registration of facilities and related businesses that provide for the use, cultivation, manufacture, and testing of these substances. Further, the state licensing authority will not issue licenses for any building which is within 1000 feet of a childcare center, preschool, elementary, middle, junior high school, or residential childcare facility. While the state statute does not require local governments to enact any local regulations of natural medicine businesses, the City has the authority to do so, and several municipalities across the state have chosen to enact various forms of regulation, while other communities have decided not to. Under the Act, the City may regulate the time, place and manner of the operation of healing centers licensed by the state but may not prohibit the uses entirely. The City may not prohibit licensed health care facilities or individuals from providing natural medicine services within the City, nor may it prohibit the transportation of natural medicine on public roads within the City. Finally, according to the Act, the City may not impose regulations that are “unreasonable or in conflict with the [Act].”

Sections 10.7 and 10.9 of the Wheat Ridge City Charter require that a public hearing on the proposed budget be conducted before its final adoption and that the budget be adopted by resolution on or before the final day (December 15, 2024) established by state statute for the certification of the next year’s tax levy to the county. The proposed 2025 budget includes the following: • A General Fund budget in the amount of $48,765,853 • An unrestricted fund balance of $8,312,000 or 17% of expenditures plus 3% emergency reserves ($1,462,976) • Proposed CIP Fund in the amount of $12,443,000 • Proposed Renewal Wheat Ridge Bonds Project Fund in the amount of $13,560,000 • Proposed 2J Fund in the total amount of $12,829,361 • Special Revenue Funds in the amount of $8,027,596 • Proposed budget (all funds) in the amount of $95,625,810 Additionally, this resolution establishes the 2J Next Chapter Bond Fund and authorizes spending in 2024; authorizes the General Fund portion of short-term rental lodgers’ tax to remain in the General Fund to be used for general operating expenditures in 2024 and 2025; and reduces the Renewal Wheat Ridge Bond Fund 2024 budget so that the budgeted ending fund balance is $0.00.

Chapter 21 of the city’s municipal code provides for construction and other work activities within or upon the public right-of-way while protecting the integrity of the roadway network and city-owned infrastructure. This ordinance adds or modifies language to the municipal code to address various construction-related provisions and streamlines the licensing provisions.

The City’s Community Development Department manages the licensing of building contractors. Currently there are 14 license categories and over 3400 active licenses. This ordinance simplifies the licensing framework.

The City was approached by Kyle and Erin Ballew for a proposed retail development, DOP’s Sweet Spot, at the southwest corner of 38th Avenue and Johnson Street. The 29,810 square foot parcel is owned by the City of Wheat Ridge and was rezoned to Planned Commercial Development in 2008. Permitted uses on the subject property include any land use allowed in the City’s Restricted Commercial zone district. This proposed retail use would be a permitted use. Only 25,378 square feet of the parcel would be sold and the remaining 4,432 would be retained by the City for regional drainage. Section 16.5 of the City Charter states that “The City shall not sell or dispose of municipally owned buildings or real property for a public purpose, without first obtaining the approval, by ordinance, of three-fourths of the entire council.”

This resolution authorizes the levying of property taxes for the 2024 fiscal year to help defray the cost of government in 2025.

The 2015 Parks and Recreation Master Plan was adopted by City Council on April 27, 2015. The Plan designates certain parcels in the City as park land. In 2008, City Council approved an ordinance rezoning the property which is now Discovery Park. The Outline Development Plan included a condition that up to 36,000 square feet of the northern portion of the site may be used for commercial uses. However, the park land designation on this portion of the site was not removed. This resolution will amend the 2015 Parks and Recreation Master Plan to remove the park land designation from this remanent parcel.