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ITEM NO. .3 I 13 ,
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
February 28, 2005
TITLE:
COUNCIL BILL NO. 01-2005, AN ORDINANCE ANNEXING TO
THE CITY OF WHEAT RIDGE UNINCORPORATED
TERRITORY KNOWN AS THE CABELA'S/COORS/SAL TER
PARCEL LOCATED IN JEFFERSON COUNTY.
[2J PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date' January 24, 2005)
[2J ORDINANCES FOR 2ND READING
QuasI-Judicial
o
Yes
[2J
No
;Ji aiJr-
City~~~
Community Development Director
EXECUTIVE SUMMARY:
Under the MUnICipal Annexation Act, the annexatIOn of property to a municipality must be
accomplished by ordinance. The ordinance was adopted on first reading on January 24,2005 and set
the public hearing to consider the annexation of the Cabela's/Coors/Salter parcel for February 28,
2005 The annexatIOn petition was submitted to the City on January 14,2005.
The property meets all of the eligibility reqUIrements establIshed m the Act for annexmg property.
COMMISSIONIBOARD RECOMMENDA nON:
None. Only the Council acts upon annexatIOn petitions.
ST A TEMENT OF THE ISSUES:
If City Council approves the annexation on February 28th, under the MUnIcipal AnnexatIOn Act, the
City IS reqUIred to zone the property wlthm 90 days. The zoning request and the Outline Development
Plan WIll be submitted and reviewed such that thiS reqUIrement wI.! be met. It IS also anticipated that
at least two Final Development Plans and a final plat will be conSidered by CounCil at the same
heanng as the Outlme Development Plan. These plans will also be revIewed by Plannmg
Commission.
The decIsIOn to annex a property IS a legIslative deCIsIOn of City CouncIl The 1/6 contIgUIty
reqUIrement IS met. The petitioners represent more than 50% of the landowners ownmg more than
50% of the land proposed for annexatIOn. There IS a communIty of mterest between the City and the
land to be annexed. the area IS surrounded by urban development and likely wIll be urban Itself In the
near future, and the area IS capable of bemg mtegrated with the City The area meets all of the
applicable reqUIrements for annexation establIshed In the MUlllcipal AnnexatIon Act.
A copy of the Annexation Impact Report reqUIred by the Act is attached for your mformatlOn.
AL TERNA TIVES CONSIDERED:
The City CouncIl has two optIOns to conSider with the ordinance.
1. Adopt a motion to adopt the ordmance
2. Adopt a motion to table the ordinance indefinitely
FINANCIAL IMPACT:
The annexation of the property Will create an ImmedJate responsibIlity of the CIty to provide police
protectIOn, thus mcumng some finanCial Impact whIch IS unquantIfiable at thiS time With
development of the property, the City Will receIve sales and property tax revenues generated by the
busmesses and Improvements on the property The City wIll receive one-time use tax revenue on
buIldIng matenals and one-time fees for annexatIOn, zoning, and engmeenng review
RECOMMENDED MOTION:
<,,--JV
,"'I move to approve Council Bill No 01- .:200S"on second reading and that it take effect upon cV-~
re~-OLthree certified ee,I-"cs uf [he annexariulI oJd;'I<ullx and mal-' uf Lln, ilICa allllC^ea ',vlth
the Jeffcrsofl County C1e-rk :lnn Recorcl~by C.R.3 31-113."
Or,
"1 move to table mdefinitely CouncIl BIll No J2J- .loo S-
Report Prepared by: Alan White, Commulllty Development Director
Reviewed by: Gerald Dahl, City Attorney
Attachments :
1 Annexation Impact Report
2. Council Bill No
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO 38
Series of 2004
TITLE
A RESOLUTION APPROVING AN ANNEXATION AND
DEVELOPMENT AGREEMENT AMONG THE CITY. CABELA'S
RETAIL,INC, AND THE COORS BREWING COMPANY
WHEREAS, the City is a home rute municipality organized and operating
pursuant to Article XX of the Colorado Constitution and the Colorado Revised Statutes,
and
WHEREAS, the CIty is authorized to annex territory into the corporate
boundaries of the City pursuant to C R.S. S 31-12-101, et. seq., and
WHEREAS, Cabela's Retail, Inc. and the Coors Brewing Company, as owners
and/or contract purchasers of real property in unincorporated Jefferson County
contiguous with the present City boundanes, have expressed interest in annexing said
property into the City; and
WHEREAS an Annexation and Development Agreement has been prepared
which memonalizes the terms and conditions under which the City Council IS willing to
consider annexation of the property; and
WHEREAS the City Council has determined that It is In the best Interest of the
City that the Annexation and Development Agreement be approved
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. The Annexation and Development Agreement among the City of
Wheat Ridge, Cabela's Retail, Inc., and the Coors Brewing Company dated December
20.2004 (a copy of which is attached hereto as Exhibit A and fully incorporated herem
by this reference) is hereby approved, and the Mayor and City Clerk are hereby
authorized and directed to execute the same.
Section 2. This Resolution shall be effective upon adoption
Section .3. P,:,b~ication. This Resolution shall be published in a newspaper of
general CIrculation wlthm the City of Wheat Ridge
DONE AND RESOLVED this '';' ( day of Decernber, 2004
GEDI53027 17\.491603.1
ATTACHMENT 1
!
1<-,- ,_' ,L
;- t,/' I ,- ,'LA, ~ -, L ~ (
Gretchen Cerveny, Mayor
ATTEST
~~,!L l\Q,J I J-
'-PtImela Y Anderson, CIty Clerk
\~
Published in the Wheat Ridge Transcript: December 30
,2004
GED\53027 17\491603 1
\..l "-
EXHIBIT A
ANNEXATION AND DEVELOPMENT AGREEMENT
[A TT ACHED]
GED\53027 17\491603.1
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AN1'1'EXA TION AND DEVELOPMENT AGREEMENT
Among
The City of Wheat Ridge,
a Colorado municIpal corporallon,
Cabela's Retail Inc.,
a Nebraska corporallon
and
Coors Brewing Company,
a Colorado corporation
Dated
December 20. 2004
TABLE OF COl';iENTS
Page
PARTIES
2 RECIT ALS 1
3 DEFINITIONS 2
4 EFFECTIVE DATE AND TERM OF AGREEMENT. 6
5 DEVELOPMENT OF THE PROJECT 7
6 ZONING AND RELATED APPROVALS . . 8
7 PUBLIC IMPROVEMENTS 9
8. SALES TAX REVENUE SHARlNG AND PUBLIC IMPROVEMENT FEE 12
9 BONDS . . . . . . 18
10 ADDITIONAL INCENTIVES 19
11 SPECIAL DISTRICTS. . 20
12 OWNERS' ASSOCIATIONS 20
13 DEFAULT AND REr\1EDIES . 21
14 MISCELLANEOUS 22
15 EXHIBITS .27
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A~1'.'EXATION M'D DEVELOPME!'.'T AGREEME!'.T
THIS AGREEMENT IS made and entered into as of the 20th day of December, 2004
1. PARTIES
The parties to thiS Agreement are the CIty of Wheat RIdge, a Colorado municIpal
corporation (the "CIty"), Cabela's Retail Inc, a Nebraska corporation ('Cabela's"),
and Coors Brewing Company, a Colorado corporation ("Coors")
2. RECITALS
This Agreement is entered Into on the baSIS of the followlDg facts, understandlDgs and
IntentIOns of the parties
a The CllY is a mUlllclpal corporation existIDg under the laws of the Slate of
Colorado and Its home rule charter Cabela's is a corporation, duly orgamzed,
existing and In good standing under the laws of the State of Nebraska Coors IS
a corporation, duly organized, exist10g and 10 good standIng under the laws of
the State of Colorado
b Cabela's and Coors are either the owners, contract purchasers or anticipated
contract purchasers of the real property described ]n Exhibit A, attached hereto
and Incorporated hereIn by reference (the" Property")
c Coors and Cabela's deSire to annex the Property to the City and for that purpose
Intend to submIl (or antIcipate that other necessary enllties will submit) to the
City certain annexation petItions seekmg Simultaneous annexallon of a group of
parcels that collectively consllrute the Property
d. Cabela's deSIres to construct and operate an approximately 225,000 square foot
retail facility on the Property whICh wIll serve as a tourism dest1Oatlon center
speCializIng In hunting, fishmg, campmg and outdoor gear (the "Cabela's
Store"), along With the construellon and operation of cerlam other related
bUIldings designed to aUlaet other retaIlers to the City (the "RetaIl Center")
Other parcels of land owned by Coors withm the ProperlY, as shown on the
attached Exhibit B, may be developed In the future ("Coors Parcel I," "Coors
Parcel 2A," "Coors Parcel 2B." "Coors Parcel 3" and "Coors Parcel 4,"
colIeetiveJy "Coors Parcels") The Cabela's SlOre, RetaIl Center and the Coors
Parcels are eolleclIvely referred to as "Cabe!a's Project. ,. The parties agree that
the parcel boundaries shown on Exhibit B may be adjusted upon the filing of an
Outline Development Plan for all or a portion of the Property, and that a revised
Exhibit B shall thereupon be substituted for that attached hereto
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e The Cabela's Project WIll be de\eloped as a Planned CommefClal Dnelopment
under the Wheat RIdge Code of Laws
f De\'elopment of the Property will neceSSitate public Infrastructure ImprO\ ements
and public serVIces, will contribute to the economic growth of the City, and \\ 111
Increase future tax revenues received by the City, and IS a development project
for WhlCh economic incentIves WIll serve a lawful publIc purpose
g The parties contemplate that a pomon of the sales tax revenues to be received
by the CIty from activIties associated with the Property will be shared with a
special dlstnct that will be organized pursuant to thiS Agreement for the purpose
of assisting with the payment of costs for constructing publIc mfrastructure
improvements and prOVIding public services in consideratIOn of the Increased
tax revenues and other benefits that the City expects to realIze as a result of the
annexation and development of the Property
h The parlles deSire to set forth In thiS Agreement their agreements relative to the
shanng of a portion of the City's sales tax revenue from the Property for the
purpose of fundmg certam publIc Improvements
Under the Act, metropolitan dIstricts have the power to finance the construcllon
of certam publIc Improvements by ISSUIng bonds
J The parties contemplate the creallon of a metropolitan dIstrICt, encompassIng the
Property (the "Metropolitan DIstrict")
k C R.S Section 31-12-121 speCifically authonzes the parties to enter mto thiS
Agreement m connection with the annexation of the Property Into the CIty
NOW THEREFORE, in consideration of the mutual covenants and agreements
contamed herein and for other good and valuable conSIderation, the receipt and adequacy of
whIch is hereby acknowledged by the City, Coors and Cabela's, the parties agree as follows
3. DEFINITIONS
As used 10 thIS Agreement, unless specIfically stated otherWise, the words and phrases
used shall have the meanmg as defined in the Wheat Ridge Code of Laws For the
purpose of this Agreement the follOWIng words and phrases shall have the defimtlons
prO\ lded for below
a "Act" means the Special District ACI, Colorado Revised Statutes II 32-1-101,
et~
b "Agreement" means thiS Annexation and Development Agreement
2
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c "Annexors" means Cabela's and Coors, provided, ho\\ever, It shall also mclude
any other party that subsequently submits an annexatIon petition to the City for
purposes of annexmg any portion of the Properry
d "Bond Indenture" means the definitive agreement entered Into by the
Metropolitan District and the Trustee which proVides for the issuance of the
Bonds III accordance with the terms set forth In thiS Agreement
e. "Bonds" means the bonds Issued by the Metropolitan Distnct In accordance with
the terms of the Act, which shall consist of Tax-Free Bonds to the greatest
extent possible, with the remaInder consisting of Taxable Bonds
f "Cabela's" means Cabe\a's Retail, Inc, a Nebraska corporatIon, and ItS
successors or aSSigns
g "Cabela's Project" has the meaning ascribed to It in Section 2 d
h "Cabela's Store" has the meaning ascribed to It In Section 2 d
"CDor means the Colorado Department of Transportation
"City" means the Cny of Wheat Ridge, Colorado. a home rule mUnICipal
corporatIOn
k "Coors" means Coors BreWIng Company, a Colorado corporatIon
"Coors Parcel L" "Coors Parcel 2A," "Coors Parcel 2B," "Coors Parcel 3,"
"Coors Parcel 4," and "Coors Parcels" have the meanings ascnbed to such
terms in Section 2 d.
m "CounCil" means the City CounCil of the Cay as that body may be constituted
from time to time
n "County" means Jefferson County, Colorado, a county established under the
proviSIOns of Colorado law
o "Final Development Plan" means a Final Development Plan, as described 10
Section 26-308 D of the Wheat Ridge Code of Laws
p "Final Plat" means a final subdiviSIOn plat submitted by Cabela's and approved
by the Cay as part of the subdIVIsion process for any pan of the Property,
pursuant to the proviSIOns of the Wheat Ridge Code of Laws, Section 26-401
et~.
q "Force Majeure" means and shall be limited to an event which IS beyond the
reaso.i~ble control of Annexors or the City and which causes a delay or failure
to perform obligatIons hereunder, Including. WlthOUl limitation, acts of God,
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earthquake, fire, explosIOn, war, cIvIl IllsUrrectlOn, acts of the public enemy,
acts of civil or mi!Jtary authorIty, sabotage, terrorISm, floods, lightnIng.
hurncanes, tornadoes, severe snow storms, major equipment failure. linlll)
dIsruption, failure of a major supplIer to perform its ob!Jgatlon to an Annexor
not arising out of or mvolving a failure toward such supplier by an Annexor,
strikes, lockouts or other labor disputes With respect to which an Annexor has
not been determmed by the National Labor RelatIOns Board to have engaged In
any unfair labor practices. or change III law or the IllterpretatlOn thereof by
responsible authonry whICh shall prohibIt any change In the operatIOn of the
Cabela's Project or matenally Increase the costs of the foregomg beyond those
foreseeable on the date hereof, so long as, in any such case (I) such events are
beyond the reasonable control of, and should not in the exercise of reasonable
caution have been foreseen and aVOIded or mitigated by the subject Annexor or
the City, as applicable, and (ii) the subject Annexor or the CIlY, as applicable, IS
USIng its best reasonable efforts to remedy the effects thereof
r
"Metropolitan District" means the metropolitan district the parties antICipate w111
be established followmg annexatIOn of the Property to the City The
Metropolitan Distnct service plan shall prOVide that the Metropolllan Dlstnct
shall exist for a term not to exceed forry-two (42) years along WIlh such other
customary and necessary prOVISIOns to reflect the obligatIOns of the MetropolItan
District III accordance WIlh state law and the terms set fonh III thiS Agreemen!
s
"PCD" means the Planned Commercial Dlstnct as defined III the Wheat Ridge
Code of Laws
t.
"PCD final Plan" means Cabela's Planned CommerCIal DistrIct Final
Development Plan, as defined III the Ciry's Planned Development Regulations,
and the accompanying exhibIts
u.
"PCD Plan" means Cabela's Planned CommerCIal District plan as defined III the
Planned Development Regulations. Such PCD Plan for the Propeny mcludes the
PCD Outhne Development Plan, all PCD Final Plans and such other graphIC
and wri<<en documents deSIgnated by the Council at the lIme of annexatIOn of
the Property and approval of the PCD OutlIne Development Plan. wllh all
conditions that may be attached to such approvals.
v
"PCD OUlhne Development Plan" means Cabela's Planned CommerCial District
OutlIne Development Plan, as defined III the City's Planned Development
Regulations. and the accompanying exhibits
w
"Planned Development RegulatIOns" shall mean Sections 26-30\, et ~ of the
Wheat Ridge Code of Laws. as well as all other sections of the Wheat Ridge
Code of Laws referred to therein.
x
~Property" has the meamng ascribed to it III Section 2 b
4
Y "PublIc FacIlIties" means those portIOns of the Propert} and buildmg compnsmg
the Cabela's Store that are owned by the MetropolItan Dlstncr and avaIlable and
used pnmanly by the general public
z "Public Improvements," mcludes the PublIc Infrastructure, the Publ1c Roadwa)
Improvemems and the PublIc FaCIlitIes
aa "Public Improvement Fee" has the meaning ascribed to it m SectIon 8 b
bb "Public Improvement Fee Revenue Bonds" has the meamng ascribed to It III
Section 8.b
CC. "Public Infrastructure" means, withm the service area of the MeIropolItan
District, the design and conslruction of the utilities, dramage Improvements and
such other similar Items as agreed upon by the parties
dd "Public Roadway Improvements" means the design and consrructlOn of any
access Interchanges, ramp Improvements, road Widening and other roads or
streets deemed reasonably necessary to Improve access to the Cabela' s ProJect,
as further described on Exhibit E under the headmg "Public Roadways
ee "Retail Center" has the meanIng ascribed 10 It 10 SecCion 2 d
ff "ServIce Plan" has the meamng ascribed to It In SecCion II b
gg "Shared Sales Tax" has the meaning ascribed to It In SecCion 8 a
hh "Shared Sales Tax Revenue Bonds" has the meamng ascribed to It III
Section 8 a.
II "State" means the State of Colorado
JJ "SubdiVIsion Regulations" means those regulaCions adopted by the City pursuant
to C R.S Section 31-23-201, el seq, and now comained m Chapter 26,
Article 4 of the Wheat RIdge Code of Laws, as the same may be amended from
time to time by ordinance of general applicability throughout the City.
kk "Taxable Bonds" means the portion of Bonds to be used for acquisition and/or
construction of Public Improvements 10 conjunction with the Cabela's Project
which do not qualify for federal tax-exemption. The Taxable Bonds are
expected to be taxable, have a matunty not to exceed fony (40) years, and shall
bear Interest at a rate or rates 10 be sel forth m the Service Plan of the
Metropolitan Distnct
11 "Tax-Free Bonds" means the ponion of Bonds to be used for acquIsItion and/or
construction of Public Impro;'emems In conjunctIon 'lIth the Cabela's Project
which do qualify for federal tax-exemption. The Tax-Free Bonds are expected
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5
to be tax-exempt, have a maturIty not to exceed twenty-five (25) years, and shall
bear interest at a rate or rates to be set forth 10 the Sen Ice Plan of the
Metropolitan DistrIct. The parties hereby agree that the Tax-Free Bonds shall
only be tax-exempt to the extent permitted under the United States Internal
Revenue Code of 1986. as amended Upon or before Issuance of the Bonds,
bond counsel to the MetropolItan DIstrict shall provide a customary opmlOn WIth
regard to the tax-exempt status of the Tax-Free Bonds In the event that the
Tax-Free Bonds are ever deemed taxable, the interest shall automatically adjust
to proVIde the rate of Interest earned on Taxable Bonds for any perIod that the
Tax-Free Bonds are deemed taxable
mm "TrainlOg Grant" means any federal or state employee !TamIng grant for the
traInIng of non-poInt-of-sale employees who Will work m the Cabela's Store
nn "Trustee" means the trustee appomted to serve 10 such role 10 accordance \\ Ith
the Bond Indenture
00 "Wheat Ridge Code of Laws" means the muniCipal code and ordmances of the
City of Wheat Ridge, Colorado as adopted and as amended from ume to time by
the CounCIl
~. EFFECTIVE DATE Al\"D TERM OF AGREE!\IE:\T
a This Agreement shall be effective upon execuuon by the Parties The term of
this Agreement shall be fony-five (45) )ears from the date of thIS Agreement,
unless earlier terminated as provided herem After the eXpllatlOn of the term or
earlier terminatIOn. thiS Agreement shall be deemed terminated and of no further
force and effect, provided. however, such termination shall not affect (a)
annexation of the Propeny Into the City. (b) any rIght arIsIng from CI!Y permits.
approvals or other entItlements for the Propeny which were granted or approved
prior to, concurrently with, or subsequent to the approval of thiS Agreement and
thaI were contemplated to continue after termmation of this Agreement, (c)
except as otherwise set forth in this Agreement, constructJon, maintenance and
repair of PublIc Improvements. (d) repayment of the Bonds. or (e) any
contmumg rIghts to share In the PublIc Improvement Fee Despite such
expiratlon and notwlthstandmg any provISIon of the Wheat RIdge Code of Laws
to the contrary. the zomng of the Property shall remam the same as It eXisted
under the peD Outline Development Plan, except no further permIts or
approvals, including but not limited to Final Development Plans. Final Plats or
building permIt approvals, shall be granted by the CIty until the City has
approved a new or amended Development Agreement which may include an
amended OutlIne Development Plan for the Property or a portion thereof and the
necessary subdivision improvements agreements have been executed and
securIty has been prOVided
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5. DEVELOP:\IEl\j OF THE PROJECT
a Development of Cabela's Project Cabela's or IlS assigns Intends 10 acquire (1)
approxImately eIghty (80) acres of real estate In unIncorporated Jefferson
County, Colorado from Coors, (ij) approximately thlrt) -SIX \36) acres of real
estate in unIncorporated Jefferson Count)', Colorado (located adjacent to the
Coors parcel) from the County, (ili) approximately two (2) acres of real eSIate m
the CIty of Wheat Ridge, Colorado (located adjacent to the Coors parcel) from
DwaIne R Richter and/or 70 WBC, LLC and (iv) approXImately seven (7) acres
of real estate in unIncorporated Jefferson Count)', Colorado (located adjacent (0
the Coors parcel) from Wilham J Salter, Jr , Beverly J Salter and MelVIn J
Salter, all for Cabela's development of the Cabela's Store and the Retail Center
whIch shall be located withlll the Property in the approxImate locations depicted
on Exhibit B attached hereto Cabela's Will acquire. construct, furnish and
eqUIp the Cabela's Store, provided, however, Annexors' obligatIOns under thiS
Sectlon shall be (i) contingent upon Cabela's or ItS assigns entermg mIO a
bmdmg real estate agreement with each of Coors, Jefferson County, RIchter and
Salter to purchase the property described above, (il) contingent upon the
fulfillment of the other terms of this Agreement by the other parties hereto and
(IiI) subject to delay, but not cancellation. to the extent such delay IS caused by
Force Majeure Cabela's expects that It or ItS aSSigns wIll sell a portion or
portIOns of the remaming land owned or to be owned by Cabe!a's that IS located
In the boundanes of the Property to complementary retad and commercIal
ventures such as restaurants. a hotel and water park amI/or m-IIne relaII ~tores
with a vanety of retail tenants Similarly. subject to complIance wIlh the CIt: 's
Subdivision Regulations, Coors may sell all or porllons of the Coors Parcels In
connection with further development of those parcels described in SectIon 5 c
The City'S obhgal1ons under this Agreement are contingent upon the dIsclosure
by Cabela's and Coors of purchase and sale agreements and any development
agreements related to the Property entered Into by Cabela's. Coors, their
affihates or subSidiaries, as those agreements affect the nghts and obligations of
the City herem. The City hereby acknowledges that, as requested by Cabela's
and Coors, all such information shall be subject to the confidenuahty proviSIOns
of C R S ~ 24-72-204(3)(a)(IV) to the full extent permIlted by law
b Completion of Cabela's Store Cabela's shall open the Cabela's Store on or
before September 30, 2006. provided, however, said completIon date IS subject
to delays caused by Force Majeure or the fallure of the City to fulfIll ItS
obligatIons as contemplated In thiS Agreement
c Phases Although all of the Property IS expected to be annexed by the CIlY at
the same time, the parties acknowledge that there will probably be more than
one annexatIOn petlllon filed by the Annexors, thereby resulting, In a senes of
simultaneous annexations Additionally, the par des acknowledge that the
Properly Will probably be developed in multiple phases which can generally be
7
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described as follows' (i) the Cabela's Store, (ll) the RetaIl Center. and (Ill) each
or all of the Coors Parcels The CIty agrees such phased development IS
appropnate under the applicable terms of thiS Agreement and the peD Outl1ne
Development Plan
d Reserv ed
e After the expiration or termInatIon of this Agreement, the zomng of all parts of
the Property shall contInue and remam m effect as prOVided m the PCD Outlme
Development Plan unless and untIl rezoned by the owner or the CIty as prOVided
for in Chapter 26 of the Wheat Ridge Code of Laws subject to SectIon 4 a
f CreatIon of Jobs, Job TraIning OppormmtIes CabeJa's agrees that, upon
openmg the Cabela's Store, It shall employ at least 320 full-tIme eqUIvalent
employees in the Cabela' s Store at wage levels and benefits consistent wlth area
wage levels and benefits for appropriate skills (plus benefits for full-tIme
employees consistent WIth industry standards) For purposes of thiS SectIon, a
"full-time equivalent employee" shaJl mean eIther (i) one (I) mdl\ Idual \\ ho
works for a penod of not less than forty (40) hours per week or (ll) two (2) or
more IndiViduals who work for a period of not less than fony (40) hours per
week In the aggregate In addItion to Force Majeure, Cabela's oblIgatlons
under thiS SectIon shall be subject to avallabIllty of qualIfied emplo) ees
6. ZOJ\lNG A~'D RELATED APPROVALS
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a
ProJect Plan Approval, Zoning. SUItabIlIty The Clty shall use reasonable
efforts consistent with applicable law to support and approve the Cabela' s
Project and the creation of the Metropolitan Dlstnct as contemplaIed by this
Agreement and the further development of the Coors Parcels by Coors or ltS
successors and assigns to a manner consistent with the overall development plan
contemplated by the PCD Outline Development Plan and execute and deliver all
necessary documents or mstruments contemplated by or related to thIS
Agreement Annexors acknowledge that they shall make their own independent
investigatIon as to the SUitability of the Property for purposes of developing the
Cabela's Project and any future projects to be developed on the Coors Parcels,
and further acknowledge that they have not relied upon any representations or
warrantIes by the City with regard to such suItablllty In the event that Cabela's
determines that the Property IS not suitable for development of the Cabela' s
Store for any reason (includIng, but not limited to, title Issues, environmental
conditions, soil conditions, access to utilities, planning or zoning), then Cabela's
may, in its sole and absolute discretIon, terminate thiS Agreement Without
penalty and without further obligatIon of either Annexor to the City hereto
Such term matI on must take place, If at all, prior to the date of final public
hearIng on an ordmance annexIng aJl or part of the Property
8
b PermJtted Uses The land uses for the Property shall be only as specified III the
approved PCD Outline Development Plan No different or addItIonal uses shall
be permitted, unless approved by the City's Director of Communlly
Development as provided III the Wheat RIdge Code of Laws or through an
amendment to the PCD Outline Development Plan or FInal De\ elopment Plan
pursuant to the provIsions of the Wheat Ridge Code of Laws In effect at the time
of such amendment The Coors Parcels Will be deSignated for future
commercial, retail, office, warehouse, and/or recreational use as further detaIled
on the PCD OutlIne Development Plan. A portIOn of Coors Parcel I Will be
deSIgnated for use as a pnvate reservOir
c RestnctJve Covenants Cabela's wIll cooperate WIth the owners of other
properties within the Property to prepare and record covenants and restrictIons
reasonably acceptable to the City to govern development wlthm the Property
("Covenants") The Covenants shall be In a form substanlIally SimIlar to those
attached hereto as Exhibit C The Covenants shall Include, but not be limned
to, a restriction against any other retailers III the Retail Center \I, ho speClahze m
selllllg hunting, fishmg, camping, and outdoor gear
d Open Space and Trails Open space and trails shall be prOVided as set forth In
the PCD Outhne Development Plan Certam trails currently located m the
VICllllty of Coors Parcel 28 and Coors Parcel 3 may be relocated to
accommodate development of the Property No area that has been deSignated as
open space or trails shall subsequently be subdIVided No open space or traIl
requirement Will be imposed on any particular Coors Parcel except wnh respect
to a final Development Plan approved for that Coors Parcel The prohibllJOn
against subsequent subdiVISion of open space or trails shall appear on the face of
any Final Plat that contains open space or trails and shall be Indicated as a
covenant running With such land
e ReView Process The City agrees to prOVide fast-track approval to the greatest
extent possible when revlewmg the PCD application, estabhshing the
Metropolitan District, and revlewmg any necessary nghts-of-way or easements
for the Roadway Improvements The City agrees, withIn the constraints
imposed by its Code of Laws, to execute and deliver all necessary documents or
Instruments contemplated by or related to thiS Agreement
7. PlJBLIC IMPROVEMENTS
a Construction, Mamtenance and Repair The Metropolitan District shall be
responsible for the acqulsltlon and/or constructlon of all of the Public
Improvements and such other improvements which may be subsequently agreed
upon by the pantes to thiS Agreement. The City shall accept dedlcatlon of and
be responsible for all maIntenance on Cabela Drive and the 40th A \ ~nue
Extension (as both are defllled below In Section 7 b) The Public Roadway
9
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Improvements located outsIde the Property shall be dedicated to and maIntaIned
by the City, the County or CDOT, as may be agreed upon by those entIties
The MetropolItan Distnct shall maintaIn all PublIc Improvements wlthm the
Property except Cabela Dnve and the 40th Avenue ExtensIOn The PublIc
Roadway Improvements shall be constructed and mamtaIned uSing standards
approved by the City The Metropolitan DIstrict may contract \\ Ith other
parties, IncludIng without lImitation the City, CDOT, the County and/or the
Annexors, to undertake some or all of its oblIgations under thIS Section, WIth
the pnor approval of the City The City shall provide polIce protecllon to the
Property In a manner consistent WIth the normal level of services prOVided by
the City WIth regard to similar areas of the City located outSide the MetropolItan
District.
b PublIc Roadwav Improvements
273090 4
1)
The follOWIng constitutes the Public Roadway Improvements (I) a new
road with two to five lanes (includIng three lanes through Coors
Parcel 2B and Coors Parcel 3 and two lanes from Coors Parcel 2B west
to McIntyre Street) to connect 32nd Avenue to McIntyre Street ("Cabela
Dnve"), (Ii) the widenIng of 32nd Avenue by addIng one lane In each
direction from Y oungfield Street to 1-70 Sen Ice Road West, IncludIng
wldemng under the 1-70 bndges, (Ill) the construcllon of tranSlllOnIng
pavement Improvements on 32nd A venue from 1-70 Ser\'lce Road West
to AlkIre Street, (IV) the addition of lanes on the west-bound off and on
ramps and the east-bound off-ramp of the I-70/32nd A venue Imerchange,
(v) the wldemng of Y oungfield Street to pro\'1de double left turn Janes
onto 32nd A venue for north-bound traffic; (vi) a 3-lane underpass under
1-70 connectIng the Property with 40th A venue at Y oungfield Street,
includIng an extension of 40th A venue Into the Property to Cabela Dnve
for this purpose (the "40th Avenue Extension"), and (vii) reconstructIon
of the intersecllon of the South SH 58 Frontage Road at McIntyre Street
(the ~McIntyre Intersection (roundbout)" and "McIntyre Extension
Road" as shown on Exhibit E) to accommodate the traffic projected for
Cabela Drive. All of the PublIc Roadway Improvements are further
described on Exhibit E under the headIng "PublIc Roadways ,.
2)
Cabela's shall assist the City in conformIng with the CDOT PolIcy 1601
concermng Improvement of the I-70/32nd A venue Interchange by
providing the engmeering servIces reqUired, the costs of which shall be
funded by Bonds
3)
CDOT. the City, the County and Cabela's shall have an opportumty to
revIew and approve the deSign of the Pubhc Roadway Improvements to
be constructed by or under the direction of the Metropolitan District to
assure that such Improvements will be constructed In accordance WIth
10
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approved Junsdlctlon standards and \\ ill accommodate the antICipated
traffic to, and development WIthlll, the Property The Metropolitan
DIStTlct, Cabela's and the City shall enter Into any agreements or take
any actlons deemed reasonably necessary to brIng about conSUUClIon of
the work described III this Section ~mcludIng, but not limIted to, 3m
emlllent domaIn or condemnation actions which may be necessary to
acquire righI-of-way or easements for said work, the costs of which
eminent domaIn or condemnation shall be made a part of the costs of
constructIOn funded by the Bonds)
4) After the Public Roadway Improvements outSide the ProperlY are
complete and CDOT, the County and/or CIlY have determIned that the
Public Roadway Improvements meet theIr standards, the I\letropolItan
DistrIct shall convey and it IS expected that CDOT, the County and/or
the CIlY (as appropriate) shall accept dedication of and shall mamtaIn
those Public Roadway Improvements, prOVided, however, the
MeIropohtan Dlstnct shall maIntam all of the PublIc Roadway
Improvements withIn the Property (excepI Cabela Dm e and the 40th
Avenue Extension) in a manner consistent wllh the CIlY's maintenance
standards The MeIropolltan DistrIct will cease to eXist 42 years after ItS
formation, after which time, all PublIc Roadway Improvements \\111 be
mamtaIned by the entlly which has accepted dedication of the same
c
Public Infrastructure The Parties agree that a Master Dramage Plan shall be
developed and dehvered to the CllY concurrently with the firsl FInal Plat Any
Final Development Plan, Final Plat or other development shall comply With the
Master Drainage Plan Any amendments to the Master DraInage Plan shall be
subject to review and approval by the City In the event that a discharge permIt
under the Clean Water Act (33 U S C. SectIOns 1251, et ~) or any other
discharge permit IS reqUired by a federal, state or local governmental agency,
Cabela's or the MetropolItan DIStTlct shall be responsible for obtaInmg such
permits, the costs of which shall be funded by the Bonds The CIty agrees to
cooperale wllh Cabela's and the Metropolitan DistrIct III their applIcation for
these permlls When the Metropolitan DistrIct ceases to eXist, the PublIc
Infrastructure shall be dedicated to and maintaIned by the property owner, the
City or other governmental entitleS or uulIty providers, as approprIate
II
d Publtc FacIlIties
I) The Metropolttan District shall acqUIre and/or construct or be
responsible to acqUIre and/or construct the Publtc FaClhtles Such
faCilities shall be available for use by all reSIdents of the C ny and such
other persons as the Metropolitan DIstrict deems appropriate, subject to
such fees or charges, If any, as may be Imposed by the Metropolnan
District from time to time
2) In order to determIne which portIOns of the buIldIng COmprISIng the
Cabela's 510re shall constirute Public FacIlities, the Cabela's Store shall
be platted as a condominium and the Public FacIlllJes WIthIn the bUIldIng
COmprISIng the Cabela' s Store shall be deSIgnated as a separate unn 10
said condomimum and shall be deeded to the Metropolitan DIStriCt The
PublIc Facilities in the Cabela's Store shall be owned, operated and
maIntaIned by the Metropolnan DIstrIct or a designee of the MetropolItan
Dlstnct. It IS anticipated that the Public FacIlllJes In the bUlld10g
compnsing the Cabela's SlOre will be exempt from ad valorem taxalJon
by vlrrue of ownershIp by the Metropolnan DIstrict
3) Cabela's and the Metropolnan Dlstnct may enter Into a management
agreement under whICh Cabela's wIll assume certain responSibIlities for
maIntenance, operatIOn and Improvement of the PublIc Facillues To the
extent Tax-Free Bonds are Issued to finance Public Facllllles. such
management agreement must comply wllh the qualIfied management
contract gUIdelInes set forth by the Internal Revenue Ser\'lce
e TimIng of PublIc Improvements The parties hereby agree thaI (hey wIll \\ ork
in good faJth With each other to ensure that the Public Improvements are
acqUIred and/or constructed In a manner and tuning sequence that (I) utilIZes
resources in a logIcal and efficient manner, (Ii) minImIZeS delays on other
porlJons of the overall Cabela's Project, (iil) complies with all necessary
requirements of governmental entitles wnh Jurisdiction over the various aspects
of the PublIc Improvements and (IV) allows the parties to fulfill their respective
oblIgallons in a timely manner under thiS Agreement.
8. SALES TAX REVEl'oTE SHARJl'\G A~D PUBLIC IMPROVEMENT FEE
a
Effective January 1. 2005, the Cn) \\ ill assess a sales tax at a rale of 3 %
pursuant to the proViSIOns of Chapter 22 of Ihe Wheat Ridge Code of Laws
The parties antICIpate an Increase In the City's total sales tax revenues as a result
of the development of the Property pursuant to thiS Agreement Accordmgly,
the City agrees to share a portion of the sales tax revenues from sales occurnng
wlthm the Property The amount to be shared shall be that portion of the City's
sales tax generated from the Property at a rate of one and one-tenth percent
273090 4
12
(1 1 ~) (the" Shared Sales Tax ") for a term \\ hICh shall expire on the earller to
occur of (I) the date upon which the principal and Interest has been paid on
Tax-Free Bonds Issued by the MetropolItan Dlstnct to pa:- for the Publlc
Improvements listed III Exhibit E (the "Shared Sales Tax Revenue Bonds") or
(ll) twenty-five (25) years after the date the Shared Sales Tax Re\ enue Bonds
are issued As of the date of this Agreement, the parties belle\ e that the PublIc
Improvements lIsted In Exhibit E Will cost Eighteen Million One Hundred
Twenty-Eight Thousand Two Hundred Twenty-Four and NollOO
($ 18,128,224 (0) The parties further agree these costs will contInue to be
revised and better determined In the months ahead as the vanous engIneers and
adVisors who are workmg on the CabeJa's Project funher define Ihe necessary
scope and costs of the PubliC Improvements Accordmgly. the City hereby
agrees that Shared Sales Tax Revenue Bonds may be Issued In an amount up to
(i) Elghleen Million Five-Hundred Thousand and NoiJ 00 Dollars
($18,500,000 00) based on the current costs set forth In Exhibit E without any
further approval reqUIred by the City on such amount and (ll) up to an additional
Two MilliOn and NollOO Dollars ($2,000,000 00) (for a total of Twenty MillIon
Five-Hundred Thousand and No/IOO Dollars ($20,500.000 OOl of Shared Sales
Tax Revenue Bonds) If the City first approves a resolution to authoflze such
additIonal expenditures The Shared Sales Tax shall be used solely to pay
pnnclpal and Interest on the Shared Sales Tax Revenue Bonds to be Issued by
the Metropolitan Dlstnct m a pnnclpal amount nOI to exceed (I) Eighteen
MilliOn Five-Hundred Thousand and NollOO Dollars ($18.500,000 (0) \\lthour
funher approval by the City or (ll) up to Twenty MtllIon Fi\e-Hundred
Thousand and No/IOO Dollars ($20,500.000 00) if approved by the City as
permitted above The Interest rate borne by the Shared Sales Tax Revenue
Bonds from time to time shall not exceed the rate speCIfied for Tax-Free Bonds
as set forth in the defimtion thereof and the term thereof shall nO! exceed
twenty-five (25) years
b In additIon, Annexors Will Impose by covenant or lease a publiC Improvement
fee of 1 4% while the Shared Sales Tax Revenue Bonds are outstandmg and
1 5% thereafter dunng the remammg term of the Public Improvement Fee (as
set forth in Section 8 p) on all sales occurrmg withm the Property (the" Public
Improvement Fee") The Annexors acknowledge that the CIty's sales lax WIll
be charged on the combIned total of the subject sales transactiOn and the PubIlc
Improvement Fee payable with respect to such transactIon The Public
Improvement Fee shall be used by the Metropolitan District 10 pay the cost to
acqUIre, construct, mstall and mamtam the portIOns of the PublIc Improvements
for which the MetropolItan District IS responSible, and for whIch Shared Sales
Tax Revenue Bonds are not to be used The Metropolitan DlsInct may Issue
Tax-Free or Taxable Bonds to finance the costs of Pubhc Improvements not
financed with Shared Sales Tax (the "Pubhc Improvement Fee Revenue
Bond: ") In the event that (i) the Shared Sales Tax Revenue Bonds are not paid
in full twenty-five (25) years after the Shared Sales Tax Revenue Bonds are
273090 4
13
273090 4
Issued or (11) the Public Improvement Fee Re\ enue Bonds are pald 10 full prIor
to the Shared Sales Tax Revenue Bonds belOg paid In full, then the Publlc
Impro\ ement Fee shall be used by the Metropolltan DistrIct to pa: prIncIpal and
Interest on the Shared Sales Tax Revenue Bonds The Shared Sales T a.\
Revenue Bonds shall only be used to pay the costs of the PublIC Impro\ements
as described in Exhibit E and as permmed by SectIOn 8 a and the Shared Sales
Tax shall be used only to pay principal and interest on such Shared Sales Tax
Revenue Bonds All other costs Incurred by the Metropohtan DIStTlCt to
acquire, construct, lllstall, maIntaIn or finance the cost of PublIc Improvements
shall be paid WIth the PublIc Improvement Fee The Pubhc Improvement Fee
Revenue Bonds shall be used to acqUIre or construct PublIc lmpro\ ements As
of the date of thIS Agreement. the partIes belIeve that the PublIc Impro\ ements
to be funded by the PublIc Improvement Fee Revenue Bonds Will cost Twent:-
Eight Million Nine Hundred Nmety-One Thousand Three Hundred Ele\ en and
No/lOO (528,991,31100) The parties further agree that these costs wJll
continue to be revised and beller determined in the months ahead as the vaTlOUS
eng10eers and advisors who are \\ ork1Og on the Cabela s Project further define
the necessary scope and costs of the Publle Improvements AccordIngly, the
CIty hereby agrees that the PublIc Improvement Fee Revenue Bonds may be
Issued m an amount up to (I) ThIrty MillIon and No/! 00 Dollars
($30.000,000 00) WIthout any further approval reqUITed b: the CIty on such
amount and (Ii) up to an addItIOnal Five MJlllOn and No/ I 00 Dollars
(55.000.000 00) (for a total of Thmy-FJ\e MillIOn and No/IOO Dollars
($35,000,000 00) of PublIc Improvement Fee Revenue Bonds) lf the Cny first
approves a resolution to authOrIze such add1llOnal expenditures Such Publlc
Improvement Fee Revenue Bonds may have a term not to exceed forty (40)
years, shall bear Interest at a rate not to exceed the rate speCified for Taxable
Bonds or Tax-Free Bonds, as applIcable, and shall be payable from the PublIc
Improvement Fee 10 accordance WIth such other terms and condnions the
Metropolitan DistrIct shall reasonably establish not InconSIstent with thIS
Agreement or the ServIce Plan
c
The City agrees that If Its sales tax rate IS lowered as a result of a change In the
overall tax scheme uuhzed by the City, the City WIll. to the extent permitted by
law, revise thiS Agreement to replace the Shared Sales Tax that would have
otherWIse been payable to MetropolItan DIstrict under the current tax scheme
d
All payments made to the MetropolItan DistrIct under the pro\ ISlons of IhlS
SectIon shall be made wlth10 thlrt) (30) days of the receipt of such funds by the
City The CIty shall not have any lIabllllY for payment of the Bonds The
Clly's responSibilitIeS shall be limned to remmIng the Shared Sales Tax and the
Public Improvement Fee to the MetropolItan Dlstnct as proVided In and subject
to the provisions of thiS Agreement.
e
Reserved
14
f The Clt) agrees to separately account for all of the Shared Sales Taxes upon
receipt All payments from the CIty pursuant to the prO\'1SlOnS of thiS Section
shall be made from the Shared Sales Tax
g The City agrees to enforce and collect the sales taxes to be shared under the
provislOns of thiS SectIOn no less diligently than else\\. here m the Cn)' The
Annexors acknowledge that the tax returns filed by mdlVIdual retaIlers and the
indlVldualized mformatlon denved therefrom are confidential and the Annexors
agree not [0 request such rerurns from the CIty unless a waiver of confidentiality
has been granted by the respective retailer to the City If a retaIler prOVides a
waiver of confidentIality to the City, the City shall share the retaller's tax return
Information With the MetropolItan DIStnct
h Within 75 days of the end of each City fiscal year, the City shall dell\ er to the
Metropolitan Dlstnct and to Cabela's a statIstical report of all sales taxes
received in such fiscal year from the Property (classified to prevent the
IdentIficatlOn of a particular return or report unless a waiver of confldenuality
has been obtamed from any Identified retailer)
Cabela's or the Metropolitan District shall have the nghI to audit or COnIest, at
ItS sole expense, the City's computatIon of Shared Sales Tax Ho\\e\er, under
no circumstances shall the City or ItS representatl\'e be under any obligallon In
connectlOn WIth such audit to dIsclose IndiVidual sales tax relUrns or reports or
any Information or documents from whIch Individual sales Iaxes could be
ascertamed or determmed, as the parties recognIze that such IndIVidualized
mformatlon IS confidential and cannot be disclosed unless a wal\'er of
confidentiality has been obtaIned from any Identified retailer Except m the case
of contests for whICh Cabela's has alleged breach of thiS Agreement, audIts shall
not occur more than once annually at the time the City SUb]eCIS ItS records to
audits reqUIred by state law In cases of contest for which Cabela' s has alleged
breach of thiS Agreement, Cabela's may conduct an additIonal audit at its
expense
J Within 75 days of the end of each fiscal year the Metropolitan DistrIct shall
proVide the CIty With a full and complete accounting of the expenditure of all
funds received by the Metropohtan Dlstnct under the prOVISIons of thiS SectIon
dunng the prevIOus fiscal year, m suffiCient detail to enable the Cny to confirm
that all expendItures were made for the purposes authorized by this Agreement
k NothIng herem shall be construed in any manner to limit the nght of Ihe
Annexors, theIr respective successors or assigns, or any nonprofit organization,
pubhc entuy (mcludmg the MetropolItan District), owners' or tenants'
associallon. or similar entity, to Impose or collect, or cause to be Imposed or
collecIed, pubhc ImproverrAnt fees, taxes, assessments or similar charges for
273090 ~
15
the purpose of proVidIng, operatIng or maIntammg mfrastructure or amemtles to
serve the Property
Any payments by the CIty under this Section shall be express I) subject to annual
appropnatlon by the Ciry actIng In ItS sole and exclusive discretIon. pro\'Jded.
however, that It is the present mtent and expectatIon of the partles that the en::>
Will In fact make all of the payments contemplated by thIS Agreement None of
the payment obligations of the City hereunder shall be reqUlred to be paid from
any source other than Shared Sales Taxes as set forth in this Section The CIty
Manager or any other officer or employee of the City charged with the
responsibIlIty for formulatmg the proposed budget of the eny, IS hereby
directed to include In the budget proposal submllted to the Council In each year
thIS Agreement is In effect, amounts sufficient to pay the Shared Sales Taxes. to
the full extent that the City shall have receIved such amounts or reasonably
antIcIpates receiving such amounts payable under thiS Agreement
m Pnor to the openIng of the Cabela' s Store the City \\ 111 take the necessary action
to temporanly waive mne-tenths of one cent of IlS three cent sales lax on
transactIOns WIthin the Property After the prmclpal and Interest on the Shared
Sales Tax Revenue Bonds have been paid In full or the term durIng which the
City has agreed to remit the Shared Sales Tax to the Metropolllan DIslrlct has
expired, If Publtc Improvement Fee Revenue Bonds are outstandmg. the ellY
wIll take the necessary action to Increase the amount of ItS sales tax that IS
temporanly waived to one cent At such tIme the PubliC ImprO\ ement Fee may
be Increased to 1 5 % Upon the earlIer to occur of (I) the payment of pnnClpal
and interest on Bonds Issued to acqUlre and/or construct the PublIc
Improvements described III this Agreement or (il) forty (40) years after the date
the first senes of Bonds are issued 10 acqUIre and/or construct the PublIc
Improvements described in thIS Agreement, the temporary waIver of a portion
of the City's Sales Tax shall cease and the City shall be entItled to collect the
full amount of Its sales tax The waIVer of a pOl11on of the CIly'S sales taxes as
described to this Section 8 is Intended to be temporary only and not a change In
the City's tax policy pursuant to appltcable law In the event the CIty IS unable
for any reason to remove the temporary waiver of a portion of its sales tax after
the Bonds are paid In full or expIre In accordance WIth theIr terms, the
Annexors agree to continue Ihe imposItion of the PublIc Improvement Fee for
such period of time and in an amount suffiCient to reImburse the CIty for any
revenue lost by the City due to the temporary waiver of the City sales tax
n If the City should increase liS sales tax above the three percent (3%) rate, Ihen
the City will take the appropriate action to temporarily waive an additional
portlon of ItS sales tax to the extent necessary to cause the total of all sales taxes
and the PublIc Improvement Fees charged on transactlons occurnng wlIhm the
Property (the ~Total Project Tax and Fee") not to exceed the greater of (I) ~ight
and one-tenth percent (8 1 9C), or (11) the average sales tax and other fees then
16
273090 4
bemg charged wlthm those CItIes wHhm the Denver metropolitan area hsted on
Exhibit D (the "Comparable CHles") For example, If the CH} raises ItS sales
tax to 3 5 o/c and such City sales tax when combIned with other sales ta\es and
the PublIc Improvement Fee equals 8 6 % and the average sales taxes and other
fees wlthm the Comparable Cities IS then 7 9%, the CIt)' \\ III temporanlj wal\ e
an addHlOnal 5 % of HS sales tax such that the total of the sales taxes and other
fees charged on sales wIthIn the Property Will be 8 1% Converse I} . In the
event that the average sales tax and other fees beIng charged b} the Comparable
Cities (the "Comparable CIty Average") Increases above 8 1%, the City may
decrease Its waIVer of sales tax such that the Tota] Project Tax and Fee equals
the Comparable City Average
o The CIty agrees imtIally to receIve the PublIc Improvement Fee on behalf of the
Annexors (and any other owner of Property) and the Metropolnan DlsIncI In
doing so, the City will be entitled 10 charge, and will be paid by the Annexors
or the Metropolllan District, a fee or reimbursement In an amount not 10 exceed
the City's costs of collectmg and remitting the Publlc Impro\ement Fee
revenues So long as the City IS providIng such servICes, any retader Will he
reqUIred to prepare dnd file two returns wnh the City, one for sales taxes and
one for the Publlc Improvement Fees The City Will not undertake to collect or
enforce collect1on of any Publlc Improvement Fees not recel\'t~d by It. but shall
report, to the extent the CIty has such Information, any reIaIler to the
MetropolItan Dlstnct who does not remIt Public Improvement Fees to the City
consistent with the amounts owed Either the City or the Metropolitan Dls[nct
Will be entItled to termlOate the City's servIces upon not less than ]80 dayS'
pnor notice to the other party The City agrees to cooperate With the
MetropolItan District to (I) determine the tlmIng of payment of the PublIc
Improvement Fees to the City, (II) produce and update matenals for retailers
collectmg the PublIc Improvement Fees stating the procedures related thereto
and prOVIdIng reportmg forms, (111) develop procedures for adviSIng the Cny of
those retailers subject to the PublIc Improvement Fees, (IV) develop procedures
for adJustmg the Public Improvement Fees for refunds and other post-sale
events, and (v) take any other actions reasonably necessary to allow for the
orderly and umnterrupted collection of PublIc Improvement Fees, provided
however, that any costs mcurred by the City In connection with the proVISIOn of
any other servICes agreed to m accordance herewith Will be paid to, or deducted
by, the Cny from the Public Improvement Fees received by It The Cny
authonzes the City Manager to enter Into such agreement or agreements as may
be necessary or approprIate to Implement the prOVisions of thlS Secllon 8
p The PublIc Improvement Fee may be Imposed for a term nOI to exceed forty
(-to) years from the date of issuance of the IOIlial series of Public Improvement
Fee Revenue Bonds.
~;309U ~
17
9. BO\1)5
a Issuance and Purchase of the Bonds The Metropolitan DIstrIct sh.: !ssue. and
Cabela's agrees that It or an affiliate or assignee shall purchase from the
Metropolitan Distnct, Bonds In an onginal prIncIpal amount de[ermmed by
mutual agreement of the City and Cabela's based on a reasonable de[ermmallon
of the Public Improvements to be financed With the Bonds and the cash nO\\
avaIlable to the Metropolitan Dlstnct to pay pnnclpal and Interest on the Bonds
The Bonds Will be payable solely from the pledged revenues as avaIlable from
) ear to year and It shall not be an event of default under the Bond Indenture or
the Bonds if such pledged revenues are InsuffiCIent to pay prmcIpal and mterest
Proceeds of the Bonds Will be used by the Metropolitan DistrICt to fund the
acqUISitiOn, construction and Installation of the Public Improvements and the
finanCIng costs assocIated therev.lth Cabela's or ItS assigns wIll InItIally
purchase and hold the Bonds for Its/their own account, but It/they may later sell
the Bonds In accordance WIth any restncllons set forth in a Bond Indenture
between the MetropolItan District and the Trustee for the Bonds
b The City will reasonably cooperate with the Metropolitan DlSlr!CI m auopImg
and approvIng the necessary proceedings to enable the Metropolitan DiStriCt to
deliver the Bonds and thereby facilitate the Metropolitan DIstrICt'S construction
of the Public Improvements
c The City agrees that all Shared Sales Taxes and the Annexors agree Ihat all
Publlc Improvement Fees, wIlh the concurrence of the rvleIropollt:In DistrIct.
may be remitted to a Trustee withIn Ihmy (30) days after said Shared Sales
Taxes or Public Improvement Fees are collected by the City The Bond
Indenrure for the Shared Sales Tax Revenue Bonds Will pro\ Ide that the Trustee
will then ulillze Shared Sales Taxes to pay pnnclpal and Interest on the Shared
Sales Tax Revenue Bonds The Bond Indenture for the Public Impr0vemenr Fee
Revenue Bonds Will prOVIde that the Trustee Will then utilize Public
Improvement Fees to pay pnnclp31 and Interest on (I) the Public Improvement
Fee Revenue Bonds and (11) as set forth In Section 8 b, the Shared Sales Tax
Revenue Bonds Cabela's or Its assigns shall not be reqUired to guarantee
payment of any of Ihe Bonds and the CIlY shall nOI have lIabIlity for paymenr of
the Bonds Independent of the CIt)' S obhgal1on 10 remit Shared Sales Tax and
Pubilc Impro\ ement Fees as pro\ Hied In and subJecI to [he IImIla110ns of thiS
Agreemenr
d To the greaIest extent pOSSIble under federal and state law, the dl fferent senes of
Bonds Issued by the Metropolllan District shall be Issued as Tax-Free Bonds,
and the remamder of the Bonds shall be Taxable Bonds To the extent permmed
by the Act. the United States Internal Revenue Code of 1986, as amended, and
other applicable laws. rules and regulations, the Cay hereby acknov.ledges and
agrees that all costs relatmg 10 the constructIon and installatIOn of Public
273090 -I
[8
Improvements may be reimbursed by proceeds from the Bonds, regardless of
whether or not said costs were Incurred before or after (I) the formation of the
Metropolitan Dlstnct, or (Ii) the Issuance of the Bonds
e The Bonds shall be payable from two (2) separate sources of rn enue collected
in the Metropolitan Dlstnct The PublIc Improvement Fee Re\ enue Bonds shall
be payable solely from Publlc Improvement Fees The Shared Sales Tax
Revenue Bonds shall be payable solely from (I) the Shared Sales Tax and (1J) as
set fonh In Section 8 b, the PublIc Improvement Fees Any rn enues available
from each source above the amount needed to pay the current prIncipal and
interest on such Bonds, shall be used to prepay prIncIpal on the Bonds payable
from each respective funding source After the Shared Sales Tax Revenue
Bonds have been paid In full, the Public Improvement Fee may he 10creased
from ] 4 % 10 1 5 %
f The Pubhc Improvement Fees shall be used (i) first to pay pr10cIpal and Interest
on the Public Improvement Fee Revenue Bonds, (11) second to pay prIncIpal and
Interest on the Shared Sales Tax Revenue Bonds as permitted by Section 8 b,
and (Ill) then to the extent available after the Bonds have been paid 10 full. the
PublIC Improvements Fees may be used to pay ongoIng operations am.l
maintenance costs of the Public Improvements NotwIthstandIng anything to the
contrary set forth hereIn, the Pubhc Improvement Fee may COnllllue for up to
forty (40) years after the Inltial Issuance of an) Publlc ImprO\ ement Fee
Revenue Bonds, even If such Bonds have been paid In full, In order (0 continue
fundIng ongoing operatIOn and maintenance costs assoclaIed \\ Ith the Cabela's
Project
10. ADDITIONAL INCE1'.'TIVES
a Tax Credits and Grants In additIOn to the Shared Sales Tax and the other
Incentives described herem, the City and Cabela's shall work Wllh each other to
determine whether the Cabela's Project quahties for (i) any Olher tax credas or
tax incentives or (il) any grants
b Trainmg Grants The City Will aid Cabela's In applYIng and/or qualIf'ymg for
federal or state employee TramIng Grants up to the maximum amount allowed
by law These Traimng Grants Will be available for employees hIred In
connection with the (abela's Store and 1Olercompany training expenses shall be
eligible for said grants
c AdvertIsing, and Marketlnl!. Grams The City shall cooperate wah Cabela's 10
assISt m acquiring an) advertiSIng or marketIng grants which might be available
In the State of Colorado to promote the Cabela's Project
d Taxluerm\' The CIlY shall se reasonable efforts to Identify any taXidermy or
owners of taXidermy and provide that mformation to Cabela's to seek donatJon
273090 4
19
of such taxidermy to Cabela's at no charge for permanent dIsplay In the
Cabela's Store, pro\'Jded. ho\',e\er, Cabela's acceptance of any such taxIdermy
shall be based upon its customary standards for the type of taxIdermy dlspla) ed
In a typical Cabela's retaIl facIlity Any taxidermy accepted by Cabela's and
displayed In the Cabela's Store shall be properly marked \\ Ith plaques or other
appropnate markers to gIve credIt to the donor
e Coors Matters SimIlar to the provIsIOns described above whIch may benefit
Cabela's, the CIty and Coors shall cooperatively work WIth each other to
determine whether any development from tIme to tIme undertaken by Coors on
any of the Coors Parcels will qualJfy for any tax credIts, tax mcentIves. grants.
TraInIng Grants and/or advertISIng or marketing grants as described abo\ e
11. SPECIAL DISTRICTS
a. CreatIOn of Metropo!Jtan DlstncL The City shall use ItS reasonable efforts.
consistent with applJcable law, to create the Metropolitan District as
contemplated In the Act, as necessary to facilitate development of the PubliC
Improvements and to prOVIde for Ihe financing thereof descnbed In thiS
AgreemenI
b District Service Plan 1'\ot later than nmety (90) days 1'0110\\ Ing annexation of
the Property, Cabela's shall file with the CIty for review and conSideration m
accordance WIth C R 5 Section 32-1-204 5, a serVIce plan for Ihe 1\IeIropolltan
District (which service plan shall include an mtergovernmental agreement
between the Dlstnct and the Cny) (the "Service Plan") The City will promptly
10Itiate and conduct to conclusion all proceedmgs required by State law for the
conSideratIon and approval or disapproval of same The City hereby
acknowledges that the baSIS for CIty review and approval of the Serv ICe Plan IS
to assure that it complIes With state law and IS consIstent with the duties and
obligations of the Melropolltan District as set forth in thIS Agreement In the
event the City falls to approve the Service Plan as prOVided 10 thiS Section, the
sole remedy of Cabela's shall be to disconnect the Property from the City and
termmate this Agreement. The City agrees that If It faIls to approve the Service
Plan as provided in thiS Section. It \>'111 consent to the disconnection of the
Property
12. OWNERS' ASSOCIATIONS
The Annexors reserve the nght 10 Impose con:nants upon any portion of the Property
and to form one or more owners' associations for all or any portions of the Property
which shall assume responsibIlIties for collectmg funds to pay common expenses, 10
repair and mamtam common areas and to enforce restnctIve covenants. All such
Co\ ~nants and declaratIons must be approved by the Metropolitan DIStnct and a copy
must be prOVided to the City
20
273090 4
13. DEFAlTLT A!\l) REMEDIES
a Annexors' Default If the City alleges that the Annexors or either of them IS In
default under this Agreement and such Annexor does not cure that default \\ IthIn
thirty (30) days followmg wntten notice from the City, the en)' shall be entitled
to the follOWIng remedies which shall be cumulative (1) llljUnctl\e rehef, (2)
specifIc performance, (3) WithholdIng actIon on any pendIng applIcatlOns or
approvals, Including but not IImlled to Final Development Plans, subdIvISion
applIcatIOns, bUIldIng permits or certIficates of occupancy, to the extent such
applications and approvals relate to Cabela's alleged default, and (4) any other
remedies permitted under the SubdiviSion Regulatlons, the Planned
Development Regulation, the Wheat Ridge Code of Laws, or otherwise
available at law or In equllY, other than damages The CllY shall extend Ihe
cure penod If the nature of the default IS such that It cannot reasonably be
remedied wIthin thirty (30) days, prOVided the Annexor commences the
correCllve action Within thirty (30) days and diligently pursues such correctIOn
thereafter If the Annexor default arISes from the failure to gram an) nght of
way, easement, or other Similar property rIght as required by thiS Agreement or
the PCD OutlIne Development Plan, then the Annexor agrees that the CIty may
condemn the subject land (prOVided that such land IS a part of the Propeny
Itself) to acqUlre such property nghts pursuant to C R S Sectlon 38-6-102 The
Annexors agree that m any such condernnatlon proceedmg, the fair and actual
cash market value of all such property rIghts are subject to an Irre\ ocable
obligatIon to grant or dedicate II to the City pursuant to thIS Agreement, and
Annexors are estopped from assertmg otherWIse Annexors agree that It would
have granted or dedicated such propeny upon execution of thiS Agreement
wllhout compensation. Annexors agree that all dedIcation and grants of rIghts
of way, easements and park lands are necessary for publiC health, safety and
welfare and that the reqUIrements to make such grants or dedications IS
accomplished pursuant to the City's polIce and regulatory powers It IS
expressly agreed and understood that the foregOIng proviSions do not apply to or
affect any property other than the Property llself, and do not apply to or affect
any other property whether or not contiguous to the Property, including any
oIher property owned by Coors NotwithstandIng anythlllg expressed or ImplIed
herem to the contrary, Coors shall be under no oblIgallon whatsoever to (I)
annex Into the City any property other than the Property as prOVided hereIn or
(II) dedicate, encumber, or otherWise contribute any property or Interest In
property (whether such Illterest relates to the Propeny) to any person or entity
for any purpose other Ihan as prOVided hereIn
b City Default If Annexors allege the City IS In default under thiS Agreement and
the City does not cure that defaulI within thmy (0) days follOWIng wrlllen
no lice from either Annexor, Annexors will be entitled \0 the following remedies
\\ hlch shall be cumulallve (I) Injunctive rehef, (2) speCIfiC performanc-, (3)
SlOpping construction of the Cabela's Store or any Public Improvements
273090 4
21
contemplated In this Agreement, and (4) any other remedles a\'allable at la\\ or
In equIty. except damages Any remedies avaIlable to Annexors shall be limned
by the then existIng governmental Immunity act Annexors shall extend the cure
period If the nature of the default IS such that It cannot reasonabl~ be remedied
withIn thIrty (30) days, proVIded the CIty commences correctl\ e action \\'Ithm
thirty (30) days and dilIgently pursues such correction thereafter
c No Damages No party shall be entItled to claim or receive an: form of
damages upon default or otherWIse, Including wllhout IImllatlOn, economIC,
consequential, contingent, punItive damages, lost profits or attorneys' or
experts' fees or court costs
14. l\lISCELLA;-...r:Ol:S
a Nexus RulIng The parties each acknowledge that Cabela's \\ Illmgness 10 enter
Into thiS Agreement was contlllgent upon Cabela's first recel\ mg a fa\ arable
ruhng from the Colorado Department of Revenue (the "Department") With
respect to nexus Issues (the "Nexus Ruling") In connection wlth thiS, the
Department confirmed to Cabela's In a Nexus RulIng that Cabela's actl\ltleS In
the State will not create nexus for Cabela's remote affilIaIes ami thus, such
remote affilIates Will have no obligation to collect and remlt sales and use tax
nor WIll such remote affilIates be subject to Colorado Income wx The CHI'
acknowledges and agrees that the revocatIOn of the favorable t\exus RulIng
would substantially Impair the contracrual relalionshlp created under thiS
Agreement Further, the City agrees that it wIll support the fa\ orable Nexus
RulIng which Cabela's received from the Department and, m the event that the
Department later challenges or revokes said Ruling, the CIty shall testify on
behalf of Cabela's and acknowledge that Cabela's would not have located the
Cabela's Store In the State WIthout first receIVIng the favorable Nexus Rulmg
b Time of the Essence TIme IS of the essence WIth respect to Ihe performance of
each party's obltgallons hereunder, subject to events of Force Majeure
c No Repeal of Code of Laws NothIng contamed In thiS Agreement shall
constitute or be Interpreted as a repeal of any prOVISion of the existtng City
Code or as a waiver of the CllY'S legIslatIve, executive, admtnlstrative, JudiCIal,
governmental or poltce powers to promote and protect the health, safety, or
general welfare of the CI1Y or its mhabItams Except as expressly provided
herem and in the PCD OutlIne Development Plan, thiS Agreement does not
supplant the City's land use regulations and oIher ordmances and regulalions as
they relate to the Property and shall not be construed to IIml1 the authOrIty of the
City to adopt different ordmances, resolutions, regulatIOns, rules, polIcies or
codes so long as they apply throughout the City umformly or to classes of
indiVIduals or pror--:rties umformly In the event of an Inconsistency between
the Wheat RIdge Code of Laws and the more speCIfic provISIons that have been
22
273090 4
negolIated In connection WIth this Agreement, the pro\ ISlOns of this Agreement
shall govern
d Referendum In the e\em that the ordmances to be consH.lered by the City
relatIve to the annexatIOn and zonIng of the Property become the subject of a
cItIzen petItIOned referendum, the ordInances subject (0 such referendum and
thiS Agreement shall be suspended pendmg the outcome of the referendum If
the result of the referendum election is to reject such annexatIOn or zomng. all
of the provIsions contamed hereIn shall be null and VOid and of no effect, and
such rejection shall be deemed a "failure to serve" pursuant to C R S Section
31-12-119, but shall not be deemed to be a default by the Clly under
SeclIon 13 band remedles provided therein shall not be available Com ersely,
If the result of such referendum electIOn IS to affirm such annexation and
zonIng, the Property shall be deemed finally annexed and zoned, v. hereupon thIS
Agreement shall remain effective and the parties shall be bound by all of (he
terms and conditions contaIned herem as of the date of thIS Agreement In the
event of such referendum, the panies agree to cooperate m the defense of the
annexatIOn and zoning of the Property unless eIther party determmes m ItS sole
discretion not to def~nd a referendum or other challenge to the annexa lIon and
zoning of the Property To the extent Annexors and the City agree 10 defend
and parllClpate in such a referendum, the parties shall share equally In all costs
and attorneys' fees In defendIng and panlClpatmg m such referemlum. m<.:ludmg
but not limIted to the costs of the referendum election
e Successors and ASSigns ThIS Agreemem shall be bIndmg upon and Inure to the
benefit of the heirs, successors and assigns of the parties hereto
f Entire Agreemem ThIS Agreement embodies the whole agreement of the
parties on the subjects contaIned hereIn. ThiS Agreement shall supersede all
prevIOus COmmUnICallOnS, represemations, or agreements ellher verbal or
written between the partIes hereto If adopted by the City, the parties agree thai
the ordInances approvmg annexation of the Property and adoptIOn of the peD
Outlme and final Development Plans may contain additional matters pertment to
the mtegralIon of Ihe Property Into the CIty and development of the Property.
Therefore, IhlS Agreemenl must be interpreted and applied In a manner
consistent wllh such ordinances, prOVided, however, any such addlllOnal matters
do nol creale finanCIal obligatIOns on the MetropolItan DIStTlct, the Annexors or
the Property Inconsistent wIth the lerms set forth herein Wllhout the pnor
written consent of Ihe parties so Impacted Any properly deSignated for future
commercial. reIad, office. warehouse and/or recreatIOnal uses shall comply with
the then-existIng requIrements for Final Development Plan apprO\ al
g ASSignment Cabela's or Coors may assign their respective TIghts and dutIes
herounder m whole or m part to others who become fee title holders or ground
lessees of the Property or any portIon thereof with the City's wrItten permiSSIOn,
273090 .j
23
:73090 4
\vhlch permIssIon Will not be unreasonably wIthheld. provIded. ho\ve\er, that
enher Cabela' s or Coors may assign any or all of their respectl\ e Tlghls and
Interests hereunder to one or more of their respectlve affiltate, ltl perform thelr
respective oblIgatIOns hereunder (m any or all of which cases (abela's or
Coors, as the case may be, nonetheless shall remaIn responsible for the
performance of all of Its oblIgatlons hereunder) No assIgnment shall release
the Property from any restrlctions Imposed upon the Propert} by thiS
Agreement, unless a specific release has been given by the Cny m wTll1ng The
CIty may, but shall not be oblIgated to release the seller or ground lessor III such
transactIons, however, any such release must be executed In \\TItlDg by the CIty
and recorded with the Jefferson Counry Clerk and Recorder Ir1 order lO
effectlve
h NotIce Any notice required or permitted under thIS Agreement Will be deemed
to be receIved when deltvered personally In wrillng or five (5) days after notice
has been deposIted WIth the U S Postal ServIce, postage prepaid. cerllfied and
return receipt requested, and addressed as follows
To Cabela's
Attn. KeVIn Rhodes
Cabela's Retail, Inc
One Cabela DTl\'e
Sldney,NE 69160
WIth a copy to
Attn Kent Kelsey
Cabela's Retail, Inc
One Cabela Dnve
Sidney, NE 69160
and WIth a copy to
Attn Tom Ackley
Koley Jessen P C
One PacIfic Place. Suite 800
1125 South 103 Street
Omaha, NE 6812~
To Coors
Attn: Neil Jaquet
Coors Brewing Company
311 10'" Street
Post Office Box 4030
Mall SlOp CC370
Golden. CO 8o..tO I
24
WIth a copy to
Ann Samuel Walker
Coors BrewIng Company
311 10th Street
Golden, CO 80401
and with a copy to
Ann Jim Serven
Moye Giles LLP
1400 16th Street #600
Denver, CO 80202
To CIty
Randy Young
Wheat Ridge City Manager
7500 W 29th Avenue
Wheat Ridge, CO 80033
WIth a copy to
City Attorney
City of Wheat Ridge
7500 W 29th Avenue
Wheat Ridge, CO 80033
Any party may change the address to which notice IS to be sent hy pro\ Idmg
notIce m the manner set forth In thIS Section
Cooperative Drafting. This Agreement IS the product of a cooperatIve draftIng
effort by the City, Coors and Cabela' S and shall not be construed or Interpreted
agamst any party solely on the basis that one pany or ItS attorney drafted thiS
Agreement or any portion of It
J SeverabilIty If any provision of thiS Agreement IS held to be m conflict with
any applicable statute or rule of law or is otherWise held to be unenforceable for
any reason whatsoever, such circumstances shall not have the effect of rendermg
the proviSIOn in question Inoperatl\ e or unenforceable In any other case or
Circumstance, or of rendenng any other proviSion or proviSIOns herem contaIned
invalid, inoperative or unenforceable to any extent whatsoever The InvalidIty
of any portIon of thiS Agreement shall not affect any or all of the remaming
pOrllons of this Agreemem
k ComplIance with Article X. Sec 20 of Colorado ConstitutIOn If any provISIon
hereof IS declared VOid o~ unenforceable due to a purported VIOlatIon of ArtIcle
X, SectIon 20 of the Color~do Constitution, the CIt;' shall take all such aCllon as
may be necessary to cure such violation, mcludmg, but not lImited to, seekmg
273090 4
25
\ oter approvals, eIther In advance of, or followmg the purported \ Jola\Jon, 2S
may be allowed by law
Amendment ThIS Agreement cannot be modified or revoked except b) an
mstrumem lTI writmg sIgned by the City, Coors and Cabela s or the then owner
of the Property or an) portIOn thereof If there has been an assIgnment 3S It
relates to the specIfic Property
m Thlrd Party BenefiCiarIeS NothIng expressed or ImplIed m thiS Agreement IS
Intended or shall be construed to confer upon, or to gIve to. any legal person
other than the parties, any rIght, remedy, or claIm under or b: reason of thIS
Agreement or any covenants, terms, COndItlOnS, or pro\'lslOns thereof, and all of
the covenants, terms, condItIOns, and pro\'1slOns in thIS Agreement b: and on
behalf of the parties shalJ be for the sole and eXclUSI\e benefit of the parlles,
provided, however, after the MetropolItan District deSCrIbed In thiS Agreement
IS formed, It shall be deemed to be a third party benefiCiary with (he rIghI to
enforce the prOVisions of thiS Agreement which are applicable to It Nothmg m
thiS Agreement IS Intended to mterfere with any agreements of the partles \\ nh
thIrd parties
n Captions The captions or headmgs m thIS Agreement are for convemence only
and m no way define, lImIt or deSCrIbe Ihe scope or mtent of any prOVISIOns of
thiS Agreement
o Counterparts ThiS Agreement may be executed m two or more counterparts,
each of which shall be an orIgmal and all of whIch shall constitute but one and
the same instrument. The parties may execute thIS Agreement and all other
agreements, certificates, Instruments and other documents contemplated by thiS
Agreement and exchange the counterparts of such documents by means of
facsimile transmISSion and the partles agree that the receIpt of such executed
counterparts shall be bindmg on such partIes and shall be construed as OrIgInals
Thereafter, the parties shall promptly exchange ongmal versIOns of IhlS
Agreement and all other agreements, certificates, mstrumems and other
documents contemplated by thiS Agreement that were executed and exchanged
by faCSimile transmiSSion
p GovernIng Law ThiS Agreement shall be construed under the laws of the State
of Colorado JUrIsdiction and venue shall be proper and exclUSive m the Dlstnct
Court for Jefferson County, Colorado
q Execullon bv Cabeta' s and Coors The exeCUlJon by Cabela' S and Coors shall nOI
affecI theIr respective nghts, dUIles, obligal1ons, and remedIes under any other
contracI or agreemem entered Into between such pames, each of which contracls
26
2730')') 4
and agreements shall be governed exclusIvely by the terms, covenants, and
condIllOns thereof
15. EXHIBITS. This Agreement Includes the followmg ExhibIlS, attached hereto and full)
Incorporated herem by thiS reference
EXHIBIT A:
The Property
EXHIBIT B:
Concept Site Plan [Revised exhibit may be substituted
upon filing of Outline Development Plan. as permitted
by Section 2.d.]
EXHIBIT C:
Retail Center Restrictive Covenants
EXHIBIT D:
Tax Rates of Comparable Cities
EXHIBIT E:
Public Improvements Funded with Shared Sales Ta:\
Revenue Bonds
[The remamder of thiS page mtentJonally left blank]
273090 4
27
IN WITNESS WHEREOF, the parties have hereunto subscribed theIr signatures
effectlve as of the date first set forth above.
ATTEST:
(~)Q:L>
CIty Clerk
AP~~J7j1
Gerald . Dahl
City Attorney
COORS
BY'~~
Name: Sall1uel D. Walker
Title' Chief Legal Officer Coors
Coors Brewing Worldwide &
STATE OF COLORADO )
) SS.
COUNTY OF JEFFERSON )
CITY OF WHEAT RIDGE
, , .-.., I
By:\ ),-' ( (,- J....
Gretchen Cerveny
Mayor
J
(., J>" I
1
'-'-
CABELA'S
~
/ ~
By: ,/,
Name: /) Z1 ~fic~
us and Title: '1;:[; /J,,..r { )/<(' }-h-5/c(~ J
Group VP Public Affairs
The foregoing instrument was acknowledged before me by Gretchen Cerveny as Mayor,
and by Pamela Anderson, as City Clerk of the City of Wheat RIdge, this ~ a ~# day of
ZJ./C~/I~//'!' ,2004.
Witness my hand and offiCial seal.
My commiSSIOn expires: 7'- - /0 -;;1
[SEAL]
273090.4
/
--
~
/
---?./...........c / "
ubhc
28
ST ATE OF NEBRASKA )
) ss.
COUNTY OF CHEYENNE )
Thr f9regomg Instrument was acknowledged before me by /J 7/,' (f,_I(~ /;" 1'_ as
,S<-;;/~r('!..,h .-i:JofCabela'sRetail,lnc.,thls .2c~ dayof/\t("/)7/x-/ ,2004
Witness my hand and official seal.
I
My commiSSIOn expires: 1J .:a..t--/L ,;if!' i'.
l."l ----....~I
:O:~M.:~
[SEAL]
STATE OF COLORADO )
) ss.
COl)i\jTY OF JEFFERSON )
The foregomg instrument was acknowledged before me by , 'I'"
r' , , of Coors Brewing Company, thiS day of
.'
as
2004
Witness my hand and offiCial seal
My commission expires:
: '
1
...
1
I
Notary Public
"
273090 4
29
EXHIBIT A
The Property
c73090 4
EXHIBIT A
.------
i
I
,
~
_ c- ~-:_--/-/< ~
-------~':-_=--~ ---
----------- - - --" .. -
--- ---G~
-=-~-==:-~- _._~r ~-~ 0"
COCIo"\S ~W'fCu.,
. _ .-cAU
LEGEND
!
/
-
/f
c:(:lC)lIU ... A.FC&. I
..,.32 .ocAU
'I
-"'""CO
o.v>cn ,
)4, 0\ ACAf.5
CCl(')AS ,. UlICa. I
lZ2.1'~
= - =.=j
"
I .....',..
I ' .. ACAU
I I:
-. \: .:.:-~ '---,
. I I
I
, '1
U' II
L - - ! i
I --" -. I ,-
/~--z
......AQl,j ""'AQTl
CID.........~._. ._..._....
BOUNDARY
PARCEL BOUNDARY
- C __ .. -co
........._00. co 001'.
.lI0) .:10' .>010
.... >>10>> ":10 _0..
, ........ -..' Co. ... ....
EXHIBIT B
Concept Site Plan
273090 4
EXHIBIT B
~
I
I
~
- -~:-::- ---- .
-~ -~.~~ ---- --
-----~ ----- - - --'
- _,;I ~
.-------------- ___ 0
- ...-.~
-.-'
__ __ l-~
---. -~~
:,;._~~-=-z....-.~~_. "'~,
---,'>, ,'\
) "I
\
.[ , \
II.
. \ '11
~'7 ill
\ K ,"""..,/ /;/"~ ,...../. ~~, -
I . 1/ \\ ! I
j " ,! '",","NO/I, - , j,
~- ~j- ~,,, /. ~\r
,~~=. \ ~~"'/I' /', )1 I
\,\- )'" '"I"~.J
\~--' r
"--",~ - / I
\ -~~"5 \
Li\~: !:
Z%7:-'~ ;= ~~'li
....... I
.,'.t.CAl' '- l ~
1Ol..""" -
'-ltft: ."''''f'l
, "#oClU:a
,
-::----l'
;;,'0
- \'~
~".o..AC-U28
".''''"''> \
. \ -
CQ(')AS ,. A.AC E l :;:..-.
"-'. ....::At...S
J( ~;...co
PAAC(:.. ,
)4.Q1,t.,CP\€S
ROW MATRIX
, SALTER
I COORS I
I COORS 2
I COORS 3
. SUBTOT AL
: JEFFCO'
, TOTAL
074 ACRE
701 ACRES
1 77 ACRES
o 40 ACRE
! 9.92 ACRES
1027 ACRE
11019 ACRES I
~f.(fl
~"'" \
-"
N()llS
r-PR(jPOSEO PiO't"i 1$ NOT lJo.K:.LUO€O W'l"T)..HH
JEHCO PAACEl ACRf.A.G.E
(X)CllIIlI: ,.,.pen t
aa...c.AtS
\
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273090 4
EXHIBIT C
Retail Center Restrictive Covenants
DECLARATION OF
COVENANTS AND RESTRICTIONS
THIS DECLARATION is made this _ day of , 200_, by Cabela's
Retail, Inc, a Nebraska corporation ("Cabela's") and Coors Brewing Company, a Colorado
corporation ("Coors") (Cabela's and Coors are sometimes individually referred to herem as a
"Developer" and collectively, as the "Developers")
WITNESSETH
WHEREAS. Cabela's is the owner of the real property located in Jefferson County,
Colorado, and legally described on Exhibit "A" attached hereto (hereinafter the "Cabela's
Property"), and
WHEREAS, Coors is the owner of the real property located in Jefferson County.
Colorado and legally described on Exhibit "B" attached hereto (hereinafter the "Coors Property")
(collectively, the Cabela's Property and Coors Property is sometimes referred to as the
"Property'), and
WHEREAS, in order to establish a general plan for the improvement and development of
the Property, Developers desire to subject the Property to certain conditions. covenants and
restrictions, upon and subject to which all of the Property shall be held. Improved and conveyed
NOW, THEREFORE, Developers hereby make the followmg declaration
ARTICLE 1
DEFINITIONS
1 1 Owner The term "Owner" shall mean any individual, partnership, Joint venture,
corporation, trust, unincorporated association. governmental agency or other
business entity now or hereafter holding of record an ownership interest in fee in
a portion or all of a Lot
1 2 Lot The term "Lot" shall mean or refer to any platted or unplatted parcel of real
estate located within the boundaries of the Property other than areas used or
dedicated for public improvements
ARTICLE 2
PROTECTIVE COVENANTS, RESTRICTIONS AND CONDITIONS
2 1 Duration and Termination Subject to the terms of Section 6.2, all of the Lots
shall be held, sold and conveyed subject to the following restrictions, covenants
and conditions, which are for the purpose of protecting the desirability and value
of. and which shall run with, the Lots and be binding upon and inure to the benefit
of all parties having any ri9ht, title or interest in the Lots or any part thereof, their
successors, and assigns for a period of twenty (~J) years after the date of this
Declaration (the "Initial Term"). after which time they shall be automatically
ExMlIlC
213090 4
extended for successive penods of five (5) years (each, an 'Extended Term"),
unless an Instrument terminating this Declaration properly executed by the
Owners of 70% of the total area within the Property IS duly reco~ded In the office
where this Declaraflon is recorded within one year of the end of the Initial Term
or any Extended Term, in which case this Declaration shall terminate effective as
of the end of the Initial Term or such Extended Term as applicable Without
limiting the generality of the foregoing, each and all of the restnctlens, covenants
and conditions contained in this Declaration (whether affirmative or negative In
nature) (a) are made for the direct, mutual and reciprocal benefit of each lot, (b)
will create mutual equitable servitudes upon each Lot; (c) will bind every party
having any fee, leasehold, mortgage or other interest in any portion of each lot
at any time or from time to time to the extent that such portion is affected or
bound by the restriction, covenant or condition, and (d) will Inure to the benefit of
Owners and their respective successors and assigns as to the respeclive Lots
and to the benefit of mortgagees under mortgages covering said lots and
beneficiaries and trustees under trust deeds covering said lots
2.2 Default; Enforcement. Owners of the Lots shall have the right to enforce. by any
proceeding at law or in equity, all restrictions, covenants and conditions now
imposed by the provisions of this Declaration. No breach of this Declaration by
either Developer or any Owner will entitle any Owner to cancel reSCind or
otherwise terminate this Declaration In such action brought to enforce the terms
of thiS Declaration, the unsuccessful party In any actIOn shall Indemnify the
prevailing party for all reasonable attorney's fees and other reasonable costs and
expenses incurred by the prevailing party in connection with such proceedings
2 3 Notice of Compliance Upon request of the Owner of a Lot in connection With
proposed financing or sale of such Lot, the Developer that Initially owned said lot
on the date of this Declaration will provide to such Owner written notice, In
recordable form, indicating the status of Owner's compliance With thiS
Declaration as of the date of such notice
ARTICLE 3
USE RESTRICTIONS
3 1 General Restrictions No use shall be permitted on any of the lots which IS
Inconsistent with the development and operatIon of a first-class real estate
development. Without limiting the generality of the foregoing, the followmg uses
shall not be permitted'
a Any use which emits an ObnOXIOUs odor (exclUSIve of cooking odors in
connection with the permitted use of the Lot), noise or sound which can
be heard or smelled outside of any building constructed on any of the
Lots,
b Any operation primarily used as a storage warehouse operation and any
assembling, manufacturing, distilling, refining, smelting, agricultural or
mining operation,
c. Any "second hand" store or 'surplus' store,
2
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d Any mobile home park, trailer court, labor camp, junkyard or stockyard
(except that this provision shall not prohibit a recreational vehicle resort
area or the temporary use of construction trailers during pen ods of
construction, reconstruction or maintenance),
e Any dumping, disposing, incineration or reduction of garbage,
Any fire sale, bankruptcy sale or auction house operation,
g Any dry cleaning plant or laundromat utilized in connec\lon with a
commercial cleaning business,
h Any signs promoting or relating to any business. store, restaurant, hotel
or other retail establishment not located on the Property;
I. Any automobile, motorcycle, truck. trailer or mobile home body shop or
repair operation, except those body shop and repair operations owned
and operated by a licensed motor vehicle dealer and operated on the site
of the dealer's principal place of business,
Any bowtingalley;
k. Any animal raising facility;
Any mortuary or funeral home,
m Any establishment selling or exhibiting illegal drug related paraphernalia,
n Any bar, tavem, or other establishment serving alcoholic beverages other
than. (i) one holding a valid hotel and restaurant license as described In
Section 12-47-411, C R.S , provided, that if such establishment utilizes a
theme that incorporates the name or logo of a particular brewery or
otherwise conducts its alcoholic beverage operations to promote the
products of a particular brewery in preference to the products of all or
substantially all other breweries. such establishment shall be prohibited
hereunder unless such theme and primary products are those of Coors
and such establishment is operated by or under a license from Coors. or
(ii) one holding a brew pub license as described in Section 12-47-415,
C R.S. provided that such establishment is operated by or under a
license from Coors,
o Any sexually-oriented businesses such as, but not limited to, x-rated
movie or video sales, theater or rental facilities, nude modeling studios.
massage parlors. lounges or clubs featuring nude or semi-nude
entertainers or escort services,
p Any prisons. jails or other detention or correctional facilities,
q. Any flea market, pool or billiard hall or dance hall; provided. however.
such activities shall be permitted if the same are incidental to a primary
use which is not otherwise prohibited hereby;
3
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...
Any training or educational facility, including but not limited to. beauty
schools, barber colleges, reading rooms, places of instruction or other
operations catering primarily to students or trainees rather than to
customers; provided, however, this prohibition shall not be applicable to
on-site employee training or to conference/convention facilities,
s Any gambling facility or operation, or
1. Any retail establishment which devotes more than 10% of its retail selling
space (but in no event more than 5,000 square feet of retail selling
space), or utilizes any temporary kiosk or tent sale, for the purpose of
selling anyone or any combination of the following product categories
(x) hunting products including, but not limited to, such items as firearms,
handguns, ammunition, optics, hunting apparel, hunting footwear, ATV
and SUV accessories, and hunting accessories; (y) fishing products
including, but not limited to, such items as rods, reels, waders, fishing
lures, fishing footwear, marine products, boats, boat motors. fishing
electronics, and fishing accessories; and (z) camping products Including,
but not limited to, such items as tents, sleeping bags, campmg cookware,
hiking footwear (but excluding from this prohibition any shoe store, or
other retail establishment having a shoe department, selling mulliple lmes
of general purpose footwear that may include hiking footwear), and
related camping accessories Provided, however, that the Owner of the
Lot legally described on Exhibit "C" attached hereto may operate a
Cabela's retail store thereon, may assign the right to use said Lot for
selling hunttng, fishing, camping or other outdoor equipment, and may
grant a variance to this restriction to other Owners of other \..ots 10 its sole
discretion, Provided further, however, that any non-profit organization
may sell any amount of hunting. fishing, camping, or outdoor equipment if
such sales are limited to its members and not to the general public,
Provided, that notwithstanding anything expressed or implied herein to the contrary,
Coors shall have the right to construct and maintain on any portion of the Coors Property such
structures as are from time to time deemed by Coors to be necessary or appropriate in
maintaining, utiliZing, and/or sef\licing any lake located on the Coors Property (each, a 'Coors
Lake Structure")
ARTICLE 4
CONSTRUCTION
4 1 Submission of Plans. No improvements shall be erected, placed, altered,
constructed, maintained or permitted to remain on any Lot subject to these
restrictions until the proposed use and the plans and speCifications showing plot
layout and all exterior elevations with materials and colors therefore and
structural design, signs and landscaping (collectively, .Plans") shall have been
formally submitted, in writing, to each of the Developers and approved 10 writing
by each of the Developers ("Developer Approval"), which approval shall not be
unreasonably withheld or conditioned Plans shall be submitted as follows'
a. To Cabela's at Cabela's RetL'I, Inc, One Cabela Drive. Sidney.
Nebraska 69160. Attention: Director of Real Estate Development.
4
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b To Coors at. Coors Brewing Company, 311 10th Street, POBox 4030,
PMB CC370, Golden, Colorado 80401, Attention Neil Jaquet.
4 2 Developer Approval and Owner's Warranties The Developer Approval shall be
based, among other things, on adequacy of site dimensions, adequacy of
structural design, conformity and harmony of external design with nelghbonng
structures, effect of the location and use of improvements on neighboring Lots,
proper facing of main elevation with respect to nearby streets, and conformity of
the Plans to the purpose and general plan and intent of these restnctions.
covenants and conditions. Each Developer shall render its written approval or
disapproval within twenty-one (21) calendar days of receipt of the Plans If no
written disapproval is rendered by either Developer within said twenty-one (21)
days, then the Plans shall be deemed to be approved The Owner who is
undertaking said construction represents and warrants that it will not materially
alter or deviate from said Plans in the construction of the improvement upon the
Lot without prior written consent of each Developer, which consent shall not be
unreasonably withheld, conditioned, or delayed
4 3 Owner's Responsibilities for Commencement of Construction An Owner shall
commence construction/development of improvements on hls/herlits Lot within
one (1) year after receiving Developer Approval for his/her!its Plans for said Lot.
4 4 Owner's Responsibilities for Partly Constructed Buildlnqs After the
commencement of any improvement on a lot, the Owner of the Lot shall
diligently prosecute the work thereon to the end that the Improvement shall not
remam in a partly finished condition any longer than is reasonably necessary for
completion thereof
4 5 Excavation No excavatIon shall be made on any lot except in connection with
construction of improvements, and upon completion of said improvements. it
shall be the Owner's responsibility to back fill exposed openmgs and grade and
level any ground disturbed by the construction of the improvement.
ARTICLE 5
MAINTENANCE OF LOTS
5 1 Maintenance of Constructed Buildinqs After the completion of construction,
each Owner covenants and agrees to maintain and keep the extenor and interior
portions of the constructed buildings, if any, located on its Lot in first-class
condition and state of repair. in compliance with all governmental laws. rules,
regulations, orders and ordinances exerCising jurisdiction thereover, and in
compliance with the provisions of this Declaration. Each Owner further agrees to
store all trash and garbage in adequate containers. to locate such containers so
that they are not readily visible from the parking area or highway and to arrange
for the regular removal of such trash or garbage.
5 2 Maintenance of Damaqed BuildinQs. In the event that any of the buildings are
damaged by fire or other casualty (whether insured or not), the Owner upon
whose lot the building is located shall, subject to governmental regl.1ations
and/or insurance adjustment delays, immediately remove the debris resulting
from such event and provide a sightly barrier, and within a reasonable time
5
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thereafter shall either (i) repair or restore the building so damaged to a complete
unit, such construction to be performed in accordance with all applicable
provisions of this Declaration, or (ii) erect another building in such locat on, such
construction to be performed in accordance with all applicable provIsions of thiS
Declaration, or (iii) demolish the damaged portion and/or the balance of such
building and restore the cleared area to either a hard surface condition or a
property maintained landscaped condition planted with grass seed The Owner
shall have the option to choose which of the foregoing alternatives to perform,
but such Owner shall be obligated to perform one of such alternaltves
5 3 Maintenance of Vacant lots Owners shall be required to maintain vacant Lots In
a manner that does not cause a nuisance to adjoining lot Owners or Developers
Without limiting the generality of the foregoing, such maintenance shall include
the mowing of said Lot, the removal of any noxious weeds or other unsightly
plant growth, and the removal of all trash, rubbish and debns from said Lot
Provided, that Coors shall not be obligated to mow or remove any natural flora
(other than noxious weeds) growing on the lot legally described on Exhibit "0"
attached hereto
54 Landscapinq. Every Lot on which a building (other than a Coors Lake Structure)
has been erected shall be landscaped and maintained thereafter in a sightly and
well kept condition according to the following
a. All street and side setback areas as required by local law, With the
exception of drainage areas, driveways, sidewalks, other walkways and
parking areas shall be used exclusively for the planting and growing of
trees, shrubs, lawns and other ground covering or material as approved
by the Developers under Section 4 1 hereof
b The Lot Owner shall landscape and maintain unpaved areas between the
street curb line and the property line adjoining any street. If said
landscaping is not properly maintained in the reasonable opinion of either
Developer, such Developer may, after not less than seven (7) calendar
days' notice to the Lot Owner, undertake such maintenance as may be
necessary, at the expense of the Lot Owner
c. landscaping. as approved by the Developers under Section 4 1 above,
shall be installed within ninety (90) days of occupancy or completion of
the building, whichever occurs first, subject to reasonable extension due
to delays caused by adverse weather
d. All unused and non-landscaped land area that is planned for future
building expansion or other purposes shall be maintained and kept free of
weeds. other unsightly plant growth. rubbish and debris.
55 Taxes and Assessments The Owners of the lots shall payor cause to be paid,
prior to delinquency, directly to the appropriate taxing authorities all real property
taxes and assessments which are levied and assessed against their respective
Lots
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ARTICLE 6
VARIANCES, AMENDMENTS AND TERMINATION
6 1 Amendments and Terminations This Declaration may be amended or
terminated by written instrument, duly recorded in the office where this
Declaration is recorded and properly executed by the then Owners of 70~o of the
total area within the Property; provided, however, no amendment to this
Declaration which places any new restrictions on any Lot, or otherwise materially
adversely affects the rights or materially increases the obligation of the Owner of
any Lot, shall be effective against any such Lot unless the Owner of such Lot
executes the written instrument which is recorded to effectuate such amendment.
It shall not be necessary for the Developers to be a party to any such written
instrument.
6 2 Variances Variances from the restrictions set forth in this Declaration may be
granted by written instrument, duly recorded in the office where this Declaration
is recorded and properly executed by the then Owners of 70% of the total area
within the Property
ARTICLE 7
EMINENT DOMAIN
Nothing herein shall be construed to give the Developers or the Owner of any Lot any
mterest in any award or payment made to any other Owner in connection with any exercise of
eminent domain or transfer in lieu thereof affectmg another Owner's Lot or granting the public or
any government any rights in such Lot.
ARTICLE 8
MISCELLANEOUS
8 1 Waiver of Default. No waiver of any default by either Developer or any Owner
will be implied from the failure by either Developer or any other Owner to take
any action in respect of such default. No express waiver of any default will affect
any default or extend any period of time for perfonmance other than as specified
in such express waiver One or more waivers of any default in the performance
of any provision of this Declaration will not be deemed a waiver of any
subsequent default in the performance of the same proviSion or any other
provision. The consent to or approval of any act or request by either Developer
or any Owner will not be deemed to waive or render unnecessary the consent to
or approval of any subsequent similar act or request. The rights and remedies
provided by this Declaration are cumulative and no right or remedy will be
exclusive of any other, or of any other right or remedy at law or in equity which
any Owner might otherwise have by virtue of a default under thiS Declaration,
and the exercise of any right or remedy by any Owner will not impair such
Owner's standing to exercise any other right or remedy
8.2 No Partnership Nothing contained in this Declaration and no action by the
Owner of any Lot will be deemed or construed by any Owner or by any third
person to create the relationship of principal and agent, or a partnership, or a
joint venture, or any association between or among any of the Owners of any of
the lots
7
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273090 4
8 3 Severability If any provision of this Declaration IS, \0 any extent, declared by a
court of competent jurisdiction to be invalid or unenforceable, the remainder of
this Declaration (or the application of such provision to persons or circumstances
other than those in respect of which the determination of Invalidl:y or
unenforceability was made) will not be affected thereby and each provIsion of thiS
Declaration will be valid and enforceable to the fullest extent permitted by law
8 4 Governinq Law This Declaration will be construed In accordance with the laws
of the State of Colorado
8 5 Captions The captions of the paragraphs of thiS Declaration are for convenience
only and are not intended to affect the interpretation or construction of the
provisions herein contained.
86 Time Except as otherwise provided in this Declaration, time is of the essence
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)
8
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IN WITNESS WHEREOF, the parties hereto have executed this Declaration as of the
day and year first above written
CABELA'S RETAil, INC ,
a Nebraska corporation, Developer
By'
Its.
STA TE OF NEBRASKA )
) ss
COUNTY OF CHEYENNE)
The foregoing Declaration of Covenants and Restrictions was acknowledged before me
this _ day of ,200_. by (tJtIe)
of Cabela's Retail, Inc , a Nebraska corporation. for and on behalf of said corporation
COORS BREWING COMPANY,
a Colorado corporation
By'
Its
ST A TE OF COLORADO )
) ss
COUNTY OF JEFFERSON)
The foregoing Declaration of Covenants and Restrictions was acknowledged before me
this _ day of ,200_, by ,(title),
of Coors Brewing Company, a Colorado corporation, for and on behalf of saId corporation.
Notary Public
THIS INSTRUMENT WAS DRAITED BY
Koley Jessen P C
A Limned Liabilny OrganizatIOn
1125 South 103 Street, Suite 800
Omaha, NE 68124
(402) 390-9500
9
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273090 4
Exhibit. A"
Cabela' 5 Property
LEGAL DESCRIPTION OF PARCELS 1-2
10
ExhIbit C
273090 4
Exhibit "B"
Coors Property
LEGAL DESCRIPTION OF PARCELS 3.5
11
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Exhibit .cn
Cabela's lot
LEGAL DESCRIPTION OF CABElA'S LOT
12
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273090 4
EXHIBIT D
Tax Rates of Comparable Cities
Sales Tax and Public Improvement Fee
Comparative Analysis
(Effective January 1, 2005)
Public Regional SCientific and Football
City Improvement County Transportation Cultural Stadium State
F acilibes
Fee District District Dlstnct
Arvada (Adams County) 3 21 000 070 100 010 010 ~ 9C
Arvada (JeHerson County) 3.21 000 050 100 o 10 010 290
Aurora (Arapahoe County) 375 000 025 100 o 10 010 290
Aurora (Adams County) 3 75 000 070 100 010 010 290
Boulder 341 000 065 100 o 10 010 290
Boulder (Food Service) 356 000 065 100 010 010 290
Brighton (Adams County) 375 000 070 100 o 10 010 290
Brighton (Weld County) 3 75 000 000 000 000 000 290
I Broomfield City and County 415 000 NA 100 010 010 290
. , 415 0.20 NA 100
I Broomfield Flatiron 010 010 290
ICastle Rock 36C 000 1 00 100 010 010 290
Commerce City 350 000 070 100 010 010 290
Denver City and County 3.50 000 NA 100 010 010 290
Denver (Food and Liquor)' 400 000 NA 100 010 010 290
Douglas County (Park Meadows) 000 000 100 100 000 010 290
Englewood 350 000 0.25 100 o 10 010 290
Fort Collins 300 000 080 000 000 000 290
Golden 300 000 050 100 o 10 010 290
Greeley 3.30 000 000 000 000 000 290
Greenwood Village 300 o au 025 100 010 010 290
lakewood 200 000 050 100 010 o 10 290
J 1 00 250 050 100 010 010 290
j Lakewood 8elmar
ILakewood Colorado Mills' 200 140 o SO 1 00 010 o 10
Uttleton (Arapahoe County) 300 000 025 100 010 o 10
Littleton (Douglas County) 300 000 100 100 o 10 010
Uttleton (JeHerson County) 300 000 050 100 010 010
Lone Tree 1 50 000 100 100 o 10 010
longmont 295 000 055 100 010 010
Louisville 338 000 055 100 o 10 010
Loveland 300 000 080 000 000 000
Northglenn (Adams) 400 000 070 100 o 10 010
Parker 3.00 000 100 100 010 010
Superior 346 000 055 100 010 010
Thornton 375 000 070 100 010 010
Westminster (Adams County) 385 000 070 100 010 010
Westminster (JeHerson County) 385 000 050 100 o 10 010
Wheal Ridge 300 000 050 100 010 010
Wheat Rid e Cabela's' 210 140 050 100 o 10 010
1 Fl3lTron Improvement Olstnct
: Sa~ 01 tOOCl ancl bever3Qe tOf Immediate consumption and hQuor slOfes
l Plaza Me!'opo~lan Dlstnct No 1 ,~ sales ta.. waived
'Ea. Valley P...bhc Impro....emenl Corporatton
~ ProPO!.e<l Melropol.lan [}stnct WIth a waIver 01 0 9% sales lax bemg s"own ~Ile the City shares' 10/, s,ales tax to pay the Shared Sales Tall. Revenue
Bonos ana ::olledS , QC" s.a~s tal 'Of the CIty The City shall colleCt 2 O~. and waive 1 O'IV of Its sales tax after Ihe Shared Sales Tall. Revenue Bonds are
pa.e! wr e.~"el Af'ler the PublIC Improvement Fee Revenue Bonds are patd (Of' ell.ptreJ tt"Ie Clly will COllect 3 0./0 (or the CIty s then current s,ales tax rate)
a~d wa'....e C Co: 01 rts s.aleS lax
Exhibit E
Public Impro\ ements
Funded with
Shared Sales Tax Re\ enue Bonds
Site Costs
Off-Site Work
Pubhc Roadways
I 32nd A "e. and 1- 70
2 40th A "e. Underpass
3 ]-70 east ramp - Y oungfield
4 32nd Ave. west
5 32nd Ave. east
6 32nd - Y oungfield mtersectJon
7 40th - Y oungfie\d intersection
8 Mclntyre Intersection (roundabout)
9 Bridge over Clear Creek
10 Mclntyre ExtenSIOn Road
II Coors Extension Road
12 32nd - Entry Road mtersectlon
13 Entry Road
Other Impro\"ements
Trails - 32nd to Clear Creek
On-Site Work
Excavation I F,ll
Public Roadways S
R oadwa ys
Cabela's Dnve S
Traffic signals S
Subgrade Prep S
40th Ave. Extension S
Street lighting $
Landscape & ImgatJon S
Infrastructure
Stonn sewer S
Site Cost Contingen9' S
Soft Costs
Engineering $
CIvil Engmeer
Surveymg
Geotechnical Engmeer
Traffic Engmeer
EnvlTonmental Engmeer
Materials Testmg/lnspectlons
Project Management
Project One S
Cabela's PM - Slle S
Financial & Legal
Clly of Wheat Ridge S
Real estate legal - Gorsuch
Real estate eonsulllng - Deepwater
Engmeering senlCes
Soft Cost Contingeon' $
!Total S
S 3,500,000
S 3,182,000
S 300000
S 300.000
S 300 000
S 900,000
S
S 1,500,000
$ 860,129
$ 5~6 000
S 387.500
S 300.000
S 300,000
$ ~75,000
30UO]
935,000
525.000
75.000
90.000
200 000
3~2.257
100.000
1.156,439
770.959
mc
mc
mc
me
me
me
331,513
165.756
235,000
me
me
me
49.371
18.128.224 I
~ 2004 Deepwd:e~ P~~nt Co~pa~i
INTRODUCED BY COUNCILMEMBER Stites
Council Bill No. ...Dl..:.2005
Ordinance No.
Series of 2005
TITLE:
AN ORDINANCE ANNEXING TO THE CITY OF WHEAT RIDGE
UNINCORPORATED TERRITORY KNOWN AS THE
CABELA'S/COORS/SAL TER PROPERTY LOCATED IN JEFFERSON
COUNTY.
WHEREAS, pursuant to the laws of the State of Colorado, there was presented to the City
Council ofthe CIty of Wheat Ridge, Colorado, a written petition for annexatIOn to the CIty of
that property described III attached Exhibit A, being contiguous unincorporated territory
contIguous to the City and lying in the County of Jefferson, State of Colorado (the Property), and
WHEREAS, the Property IS further described on the Annexation Map attached hereto as Exhibit
B, and
WHEREAS, the PetitIOners constitute more than fifty percent (50%) of the owners, and owmng
more than fifty percent (50%) of the Property: and
WHEREAS, the CIty Council has conducted a pubhc hearing followmg pubhc notice as reqUIred
by law to determine the ehgib1lity for annexation of the Property: and
WHEREAS, the City Councll has satisfied Itself concerning the ehgibihty for alUlexatlOn of the
Property, and concernmg the conformance of the proposed annexation to the apphcable law and
the annexatIOn pohey of the CIty: and
WHEREAS, the CIty Councll hereby finds that the Property is ehgible for annexatIOn to the City
and that the proposed annexatIOn conforms with apphcable law and the annexatIon pohey of the
CIty
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO
SectIOn I The annexation to the City of Wheat RIdge, Colorado, of that Property described m
attached Exhibit A, lying in the County of Jefferson, State of Colorado, meets all reqUIrements
oflaw and the annexatlOn pohcy of the City of Wheat Ridge, and the same IS hereby approved
and made effective.
SectIOn 2. Zomng of the Property shall be accomphshed within the time estabhshed by C.R.S
31-12-115 and the procedures estabhshed by the Home Rule Charter and Code of Laws of the
CIty of Wheat Ridge
ATTACHMENT 2
SectIon 4 ImmedIately upon completion of the filmg required by SectIOn 6 hereof, the
annexatIon shall be effective and the Property shall become subject to the laws of the State of
Colorado pertammg to cIties and to the Charter and all ordmances, resolutIOns, rules and
regulatIons of the City of Wheat Ridge
SectIOn 5. One copy of the Annexation Map, together WIth the origmal of thIs Ordmance, shall
be filed in the office of the City Clerk.
SectIOn 6 The City Clerk shall file for recordmg three certIfied copIes of this Ordmance and the
AnnexatIon Map WIth the Clerk and Recorder of the County of Jefferson, State of Colorado
SectJon 7. This Ordinance shall become effectIve upon adoption on second readmg, as
permitted by SectIOn 5 11 of the Home Rule Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of --.8.- to ~ on thIs --2...4th
day of January ,2005, ordered published m full m a newspaper of general
cIrculatIOn m the City of Wheat RIdge and Public Hearing and consideration on final passage set
for February 28, ,2005, at 7:00 p.m., m the Council Chambers, 7500 West
29th Avenue, Wheat Ridge, Colorado
READ, ADOPTED, AND ORDERED PUBLISHED on second and final readmg by a vote of
to _, thIs day of , 2005
SIGNED by the Mayor on this
day of
,2005
GETCHEN CERVENY, MAYOR
ATTEST
Pamela Anderson, CIty Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERALD DAHL, CITY A TIORNEY
1st PublIcation. January 27, 2005
2nd PublIcatIOn.
Wheat Ridge Transcript
Effective Date'
Exhibit A
COORS/CABELA'S ANNEXATION NO. I
A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 19, THE SOUTHWEST
ONE-QUARTER OF SECTION 20, THE NORTHWEST ONE-QUARTER OF SECTION 29. AND THE NORTHEAST
ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 30, BEING IN TOWNSHIP 3 SOUTH.
RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO,
DESCRIBED AS FOLLOWS
BEGINNING AT THE SOUTHEAST CORNER OF THE SAID NORTHEAST ONE-QUARTER OF THE
NORTHEAST ONE-QUARTER OF SECTION 30, WHENCE THE EAST ONE-QUARTER CORNER OF SAID
SECTION 30 LIES SOI001'50"E ALONG THE EAST LINE OF THE SAID NORTHEAST ONE-QUARTER OF
SECTION 30,132079 FEET;
THENCE S89010'02"W ALONG THE SOUTH LINE OF THE SAID NORTHEAST ONE-QUARTER OF THE
NORTHEAST ONE-QUARTER OF SECTION 30, 1315.3 I FEET TO THE WEST LINE OF SAID NORTHEAST ONE-
QUARTER OF THE NORTHEAST ONE-QUARTER,
THENCE NOoo55'47"W ALONG SAID WEST LINE, 1320.36 FEET TO THE SOUTHWEST CORNER OF THE
SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 19;
THENCE NOoo07'30"W ALONG THE WEST LINE OF SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER, 913 46 FEET TO THE SOUTHWEST LINE OF THAT 80' WIDE DENVER WATER BOARD
EASEMENT RECORDED AT RECEPTION #92130445 IN THE JEFFERSON COUNTY CLERK AND RECORDER'S
OFFICE,
THENCE S89007'31"W, 57.62 FEET TO A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A
RADIUS OF 791 19;
THENCE THROUGH A CENTRAL ANGLE OF 15021'56", NORTHWESTERLY ALONG THE ARC OF SAID CURVE
212.18 FEET, SAID CURVE HAVING A CHORD OF 211.55 FEET WHICH BEARS NSo055'48"W TO A NON-
TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1529.61 FEET.
THENCE THROUGH A CENTRAL ANGLE OF 12049'33", WESTERLY ALONG THE ARC OF SAID CURVE 342.40
FEET, SAID CURVE HAVING A CHORD OF 341 69 FEET WHICH BEARS N75038'5 I "W TO A POINT OF
COMPOUND CURVATURE OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1022.23 FEET,
THENCE THROUGH A CENTRAL ANGLE OF 10005'16", WESTERLY ALONG THE ARC OF SAID CURVE 17998
FEET TO THE POINT OF TANGENCY, SAID CURVE HA VING A CHORD OF 17975 FEET WHICH BEARS
N87006'16"W,
THENCE S8705t'06"W, 175 73 FEET,
THENCE NOo023'12"W, 174.56 FEET TO THE SOUTH LINE OF THE NORTH ONE-HALF, OF THE SOUTHEAST
ONE-QUARTER OF SAID SECTION 19;
THENCE S89007'3] "W ALONG SAID SOUTH LINE, 410 63 FEET TO THE SOUTHWEST CORNER OF THE SAID
NORTH ONE-HALF,
THENCE NOo023'12"W ALONG THE WEST LINE OF THE SAID NORTH ONE-HALF, ]71.61 FEET TO A NON-
TANGENT CURVE CONCA VE NORTHWESTERLY HAVING A RADIUS OF 505 40;
THENCE THROUGH A CENTRAL ANGLE OF 53002'20", NORTHEASTERLY ALONG THE ARC OF SAID CURVE
467 85 FEET, SAID CURVE HAVING A CHORD OF 45 I .32 FEET WHICH BEARS N280 I 3'09"E TO THE POINT OF
TANGENCY,
THENCE NOlo41'59"E, 392.35 FEET TO THE CITY OF WHEAT RIDGE BOUNDARY AS DESCRIBED IN THE
CITY OF WHEAT RIDGE ANNEXATION NO 98-5, ORDINANCE NO 1116, SERIES OF 1998, ALSO BEING THE
NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 58 AS DESCRlBED IN THAT DOCUMENT RECORDED IN
DEED BOOK 2 I 77, PAGE 367 IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE.
THENCE N87001'30"E ALONG SAID BOUNDARY AND SOUTH RIGHT-OF-WAY LINE AND IT'S EASTERLY
EXTENSION, 2907.23 FEET TO THE NORTHWEST RIGHT-OF-WAY LINE OF THA T PARCEL FOR INTERSTATE
70 RECORDED IN BOOK ]875, PAGE 159 IN SAID OFFICE,
THENCE N38050'10"E ALONG THE WEST LINE OF SAID STATE HIGHWAY PARCEL, 138.70 FEET TO THE
SOUTH LINE OF THAT PARCEL RECORDED IN BOOK 2163, PAGE 160;
THENCE N73042'38"E ALONG SAID SOUTH LINE, 322.71 FEET TO WEST LINE OF THE CITY OF WHEAT
RIDGE BOUNDARY AS DESCRIBED IN THE ORIGINAL WHEAT RlDGE INCORPORATION DOCUMENTS
RECORDED IN BOOK 2 I 18 AT PAGE 52 I IN SAID OFFICE,
THENCE SOI006'12"W, ALONG SAID CITY BOUNDARY, 399 77 FEET TO THE SOUTH RIGHT-OF-WAY LINE
OF SAID INTERSTATE 70;
THENCE S88056'22"W, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 559 40 FEET TO THE SOUTHEAST RIGHT-
OF-WAY LINE OF THAT STATE HIGHWAY PARCEL AS RECORDED IN BOOK 1895, PAGE 55,
THENCE S3805T45"W, ALONG SAID SOUTHEAST RIGHT-OF-WAY LINE, 13570 FEET TO THE SOUTH RIGHT-
OF-WAY LINE OF SAID PARCEL,
THENCE S89022'40"W, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 232.23 FEET TO THE WEST LINE OF SAID
SOUTHWEST ONE-QUARTER OF SECTION 20;
THENCE SOoo08'11 "W, ALONG SAID WEST LINE, 752.42 FEET TO THE SOUTHEAST CORNER OF THE NORTH
ONE-HALF, OF THE SOUTHEAST ONE-QUARTER OF SECTION 19;
THENCE S89007'31"W, ALONG THE SOUTH LINE OF SAID NORTH ONE-HALF, 131903 FEET TO THE
NORTHWEST CORNER OF SAID SOUTHEAST ONE-QUARTER, OF THE SOUTHEAST ONE-QUARTER OF
SECTION ]9;
THENCE SOoo07'30"E, ALONG THE WEST LINE OF SAID SOUTHEAST ONE-QUARTER, 382.28 fEET TO THE
NORTH LINE OF THAT PARCEL DESCRIBED IN THAT DOCUMENT RECORDED AT BOOK 1992, PAGE 752 IN
SAID OFFICE,
THENCE ALONG THE NORTH LINE Of SAID PARCEL THE FOLLOWING 3 COURSES
\) N89052'30"E, 425 00 FEET,
2) N64057'30"E, 177 70 FEET,
3) S89039'40"E, 731.27 FEET TO THE WEST LINE OF THE SAID SOUTHWEST ONE-QUARTER OF
SECTION 20;
THENCE NOoo08'II "E ALONG SAID WEST LINE, 7.56 FEET TO THE NORTH LINE Of THE SOUTH 3/4 OF LOTS
21 THROUGH 24, ROXBURY GARDENS, DESCRIBED IN THAT DOCUMENT AS RECORDED AT RECEPTION
#09337790 IN SAID OFFICE,
THENCE N89001'07"E ALONG SAID NORTH LINE, 990 43 FEET TO THE SAID WEST LINE OF THE CITY OF
WHEAT RIDGE BOUNDARY AND THE WEST RIGHT-Of-WAY LINE Of INTERSTATE 70;
THENCE ALONG SAID CITY BOUNDARY AND SAID WEST RIGHT-Of-WAY LINE THE fOLLOWING FOUR
COURSES.
\) SOo041'53"E, 1005 12 FEET TO THE SOUTH LINE Of SAID SECTION 20;
2) SOo045'49"E, 1321.80 fEET TO THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF THE
SAID NORTHWEST ONE-QUARTER OF SECTION 29;
3) SOo043'42"E, 241.50 FEET,
4) S06023'48"W, 82.23 FEET TO THE SOUTH LINE OF LOT 16, SAID ROXBURY GARDENS, ALSO
BEING THE NORTHEAST CORNER OF THE CITY OF WHEAT RIDGE BOUNDARY, AS DESCRIBED IN THAT
ANNEXA TION ORDINANCE NO 152, SERIES OF 1974, RECORDED AS RECEPTION NO 644863 OF SAID
CLERK AND RECORDER'S OFFICE,
THENCE S89024'52"W ALONG SAID BOUNDARY AND SAID SOUTH LINE, 986.91 fEET TO THE WEST LINE
OF SAID LOT 16, BEING THE SAID EAST LINE OF THE NORTHEAST ONE-QUARTER Of SECTION 30;
THENCE NOloOI'50"W ALONG SAID EAST LINE, 323 40 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 198 0400lc ACRES
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ANNEXATION IMPACT REPORT
Cabela's Retail Facility
Colorado Revised Statutes require the following information to be contained within an Annexation Impact Report
(a) A map or maps of the municipality and adjacent territory to show the following information:
(I) The present and proposed boundaries of the municipality in the vicinity of the proposed
annexation;
(II) The present streets, major trunk water mains, sewer interceptors and outfalls, other utility lines and
ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed
annexation; and
(III) The existing and proposed land use pattern in the areas to be annexed
The information requested in (a) (I - II) above is presented in graphic form as an attachment.
Current City of Wheat Ridge boundaries are shown on the Annexation Map, along with the
proposed extension that would be accomplished with the proposed Cabela's Retail Facility
annexation. Existing streets, major trunk water mains, sewer interceptors and outfalls and
utility lines are shown on the Annexation Impact Map.
(a) (III) The properly to be annexed is currently undeveloped with the exception of a single
family residence located on the southem edge of the site. The proposed land use pattern to be
considered af the time annexation will be unchanged from existing Jefferson County zoning. A
rezoning application (An Official Outline Development Plan and Final Development Plan) will
be filed with the City within 30 days of the annexation request for a Planned Commercial
Development. The proposed rezoning application contemplates retail, commercial and office
uses with large tracts of undeveloped open land for the subject properly
(b) A copy of any draft or final pre-annexation agreement, if available,
The Annexation Agreement is attached.
(c) A statement setting forth the plans of the municipality for extending to or otherwise providing for, within the
area to be annexed, municipal services performed by or on behalf of the municipality at the time of
annexation;
As outlined in the Annexation Agreement, municipal services will be provided to the area to be
annexed. At the time of annexation, police protection, parks and recreation, and general
governmental services will be the responsibility of the City of Wheat Ridge. Other services
such as water, sanitary sewer and fire protection will be provided by existing special districts.
A service inclusion agreement will be filed with the adjoining special districts including the
Applewood Sanitation District, the North Table Mountain Water and Sanitation District and the
West Metro Fire Protection District. At the time of this submittal, negotiations are currently
underway for inclusion into these districts.
All publicly dedicated roadways will be built by the developer by means of a proposed Title 32
Metropolitan District and upon acceptance by the City, will be maintained as a public road by
Wheat Ridge.
(d) A statement setting forth the method under which the municipality plans to finance the extension of the
municipal services into the area to be annexed;
Financing of roadway, water, sanitary sewer, and storm sewer infrastructure will be the
responsibility of the developer through the formation of a Title 32 Metropolitan District The
metro district will issue bonds which will be retired from two revenue sources.
1) A sales tax shared back by the City of Wheat Ridge, and
2) A Public Improvement Fee.
Other services provided by the City will be financed by the retained portion of the sales tax
revenue and the property tax generated by the proposed development
(e) A statement identifying existing districts within the area to be annexed:
Existing districts include.
. Urban Drainage & Flood Control District / 2480 W 26ff' Avenue / Denver, CO 80211
. Prospect Recreation and Park District / 4198 Xenon Street / Wheat Ridge, CO 80033
. West Metro Fire Protection District / 445 S. Allison / Lakewood, CO 80226
. Fainnount Fire Protection District / 4755 Isabel/Golden, CO 80403
. Law Enforcement Authority clo Jefferson County Sheriffs Office /200 Jefferson County Pkwy /
Golden, CO 80409
. Jefferson County School District R-1 / 1829 Denver West Drive / Golden, CO 80401
(D A statement on the effect of annexation upon local public school district systems, including the estimated
number of students generated and the capital construction required to educate such students.
Annexation of the Cabela's Retail Facility will generate a positive cash flow to the
school district in the form of property tax revenues generated by the new development.
The annexation does not entail any proposed residential uses resulting in no increase
in the student population.
2
City of Wheat Ridge
In this space there is a large scale map that could not be scanned at
the this time. Please see the Wheat ridge Clerks office if you would
like to see the map,
/'!
., ,
"
heanng as the Outline Development Plan These plans wlil also be renewed b;. Planmng
Commlsslon.
The decIsIon to annex a property IS a leglslatJ\'e decIsIon of CIIY Councli The 1/6 contIgulI;.
reqUIrement IS met. The petitioners represent more than 50% of the landowners owning more than
50% of the land proposed for annexatIOn. There IS a community of Interest bet\\een the ell;' :'ll1d the
land to be annexed, the area IS surrounded by urban development and likely will be urban Itself In the
near future. and the area IS capable of being Integrated with the CIty The area meets all of the
appl1cable reqUIrements for annexatIOn establIshed m the MUniCIpal Annexation Act.
A copy of the Annexation Impact Report requIred by the Act IS attached for your informatIon
ALTERNATIVES CONSIDERED:
The City Council has two options to consider with the ordmance.
Adopt a mOll on to adopt the ordinance.
') Adopt a motIOn to table the ordinance indefimtely
FI~A'I;CIAL l\tPACT:
The annexatIOn of the property WIll create an ImmedIate responslbdll;. of the CIt;. to prO\lde police
protectIOn, thus Il1cumng some financ.al Impact which IS unquantlfiable at thiS time Wllh
development of the property, the CIlY will receIve sales and propertj ta, revenues gener.Jted by the
busll1esses and Improvements on the property The CIlY w,lI receive one-time use t;1.1; revenue on
building malenals and one-lime fees for annexation. lOnlng, and engmeenng review
RECO\t\lE~DED \10TIO~:
~C D..:p'
"I move to approve Coonci4-.Bill Ho 01 .2oo.(on second reading and that Il take effect upon ,.l."....'('"77CL--'t-
~i~~~.::9t~~~.~~ :~t'-B~.~~:.~:~ ~~~~~ ~~~I~;~. af tR! aUi :nnr rd ~I(h
Or,
"I move to table Indefinllely CounCIl B,ll No -..0.1- .100 S;
Report Prepared by: \Ian While. Cornmunlly Development DIrector
ReViewed by' Gerald Dahl. Clly Allomey
Attachment..:
I. AnnexatIOn Impact Re!X>rt
2. ':ounell BIll No
ITEM NO' 3. c,
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE. February 28, 2005
TITLE:
A REQUEST FOR APPROVAL OF A SPECIAL USE PERMIT TO
ALLOW EXCA VA TION AND DEPOSITION OF FILL MATERIAL IN
THE AMOUNT OF 1.5 MILLION CUBIC YARDS FOR PROPERTY
LOCA TED WEST OF 1-70, SOUTH OF HIGHWAY 58 AND NORTH
OF WEST 32r-.n A VENUE (SUP-05-0l/CABELA'S & COORS)
i:8J PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING
o ORDINANCES FOR 2ND READING
QuasI-JudIcIal
[8J
Yes
o
No
Ji/lk-
Community Development DIrector
C1ty~~
EXECUTIVE SUMMARY:
Cabela's and Coors are requestIng approval of a specIal use permIt for property located west of 1-70,
south of Highway 58 and north of West 32nd A venue. The applicants WIsh to excavate and deposit
approximately 1.5 million cubIC yards of fill matenal The Code of Laws requires a special use
permIt for any excavatIon and/or depositIOn In excess of 20,000 cubIc yards. The applicants WIsh to
excavate a new water storage facilIty In the southwest comer of the property. The matenal
excavated from the water storage faCIlity will be used to fill In depressed areas onslte. The subject
parcellS approxImately 115.53 acres in size. The request was demed admInistratively due to
objectIons receIved dunng the ten-day public notice penod.
COMMISSIONIBOARD RECOMMENDATION:
A speCIal use permIt request starts as an administrative review A ten-day public notice period
begIns dunng which comments may be subffi1tted in favor of or against the proposal If any relevant
objectIOns are receIved dunng the public notice penod, the request must be forwarded to City
Council for revIew Objections were receIved regardIng thIS proposal from adjacent neighbors.
STATEMENT OF THE ISSUES:
The applicants will be reC;'lired to comply WIth the performance standards in Section 26-623 (C)(2)
The applicants have agreed to comply with these standards, with the exception of the reqUlrement
for a 72 Inch fence around the pen meter of the property. AdditIOnally, the Code specifies the hours
of operation to be from 7 a.m. to 5 p.m. dunng normal bUSIness days. The applicants wish to
excavate from 7 a.m. to 10 p.m., seven days a week. The applicants are m the process of hmng a
contractor to perform the excavatIOn and gradIng work and the applicants may at the heanng request
hours different from what IS stated here.
A gradmg permit will be reqUired if the speCial use permit IS approved. The permit reqUires the
submmal of an erosIOn control plan, a draInage report and plan, an engmeenng geology report and a
soils engIneenng/overlot gradIng report. In additIOn, the folloWIng permits are reqUired from the
State:
1 NPDES/CDPS Permit, With stormwater management plan
2. Corps of Engineers 404 permit for the temporary creek crossing.
3 DIVISion of Mineral and Geology permit.
4 Department of Public Health and EnVironment air quality permit.
AL TERNA TIVES CONSIDERED:
Do not approve the special use request.
FINANCIAL IMPACT:
The City has received a one-time application fee for the land use applicatIOn A one-lime fee will also
be collected for the gradIng permit.
RECOMMENDED MOTIONS:
Option A
"1 move to approve Case No. SUP-05-01, a request for approval of a special use permit to allow for
excavation and deposition of fill material in the amount of approximately 1.5 million cubic yards for
the property generally located west of 1-70, south of Highway 58, and north of West 32nd A venue,
for the following reasons:
1 The reqUirements of the City and the conditIOns of approval will ensure that the excavation
and gradIng will mitigate impacts upon the general health, welfare, safety and convemence
of persons residing or workmg in the neighborhood. .-
2. The aJlJ:>li~ts Will take measures to ensure the effects generated are mimmal and non-
IntrusIVe to the adjacent neighborhoods.
3 There will be minimal off-Site traffic generated as a result of the request.
)\. \11 t::. rt'i/(W' H- M;.....t> '.
With the fol1oWIng conditions:
'1 S pl. 'J e "L. r ,.., '1..-" '^'~~ v
1. Hours pfoperation shall be limited to 7 a.m. to 10 p.m., ~e.v.e11 days a week. ; hr- I>' 1'1""1 \ '\ 1 c\.;~
2. The applicants must adhere to the performance standards as listed in Section 26-623 (C)(2) of
the Codeof Laws, with the exception of the reqUirement for fencmg. Lc ~c V.r.. L,t ,;>,,"<ch ,',"
3 The grant ?~ shall be for the applicants and may not be Inherited. J
4 There shall be no explosive devices used for the demolitIOn or excavation of matenal
5 For areas withIn 200 feet of residential propertIes, the hours of operatIOn shall be limited
between 7 a.m. to 7 p.m.
6 The apphcants shall comply wIth the conditIOns of state penmts regarding water and aIr quahty
7 The apphcants shall meet wIth adjacent homeowners to develop a nOIse abatement plan, whIch
IS subject to CIty approval.
8 Except for Inlllal mobIlIzatIOn, access to the site by addltlOnaleqUJpment or truck.s Importing fill
matenal shall be from McIntyre Street. A (L 2-,..., "-, ~ ~ 71 L /.
9 VIOlatIOns of any of the above condJtlOns may be grounds for revocatIOn of the speCIal use
permIt.
10. Approval of the speCIal use permIt shall not become effectIve until the annexatIon of the
property becomes effectIve.
OR
OptIon B
"I move to deny Case No SUP-05-01, a request for approval of a speCIal use permIt to allow for
excavatIon and depositIOn of fill matenal In the amount of approxImately 1.5 mIlhon cubIC yards for the
property generally located west of 1-70, south of Highway 58, and north of West 32nd A venue for the
follOWing reasons.
Report Prepared by' Travis Crane, 303.235.2849
ReVIewed by' Alan White
Attachments.
1 CIty CounCIl staffreport (wJth exhIbIts)
U .lease Review/Cabela' s/Council Action Form
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO'
City Council CASE MANAGER.
Travis Crane
CASE NO. & NAME.
SUP-05-O I/Cabela' s DATE OF MEETING
February 28. 2005
ACTION REQUESTED'
Approval of a special use permit to allow for excavation and deposition of fill
matenal in excess of 20,000 cubic yards
LOCA TION OF REQUEST' A Parcel west of 1-70, south of Highway 58 and north of West 3200 A venue
APPLICANT (S). Cabela'slCoors
OWNER (S): Same
APPROXIMATE AREA. 115.53 acres
PRESENT ZONING Pending
COMPREHENSIVE PLAN Community Commercial (CC) & Business Park (BP)
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE
(X) DIGITAL PRESENT A nON
Location Map
3200 Ave.
44th Ave.
Subject
Parcel
City Council
Case SUp.05-01/Cabela's
1
ATTACHMENT 1
Jurisdiction
All notIficatIon and posting requirements have been met, therefore, there IS JunsdlctlOn to hear thIs
case
1. REQUEST
The applicants are requesting approval of a special use permIt to allow for excavatIon and deposItion of fill
matenal of approximately 1.5 million cubIC yards (ExhibIt!, Letter of Request). The property 15 currently
vacant. If the property has been annexed into the City of Wheat Ridge by prior action, thereby giving City
Council the junsdlctlon to hear the request. The property in question IS located west of 1-70. south of Highway
58 and north of West 3200 Avenue. The property is approximately 115.53 acres in size. The purpose of the
excavalion and deposition is to create a new water storage facility and level the site in preparation for
development. Public hearings will be reqUIred at a later date to discuss rezoning and development of the
property
II. CASE ANALYSIS
The Code of Laws states that any deposItion or excavation in excess of 20.000 cubIC yards shall reqUIre a
speCial use pennit. The applicant wishes to excavate and deposit approxnnately 1.5 million cubIC yards. The
SUP process starts WIth a neighborhood meetmg and an administrative review Once the referral and staff
review penod has been completed. a ten-day public notice period begins. During this ten day penod, the public
IS gIven an opportumty to sublTl1t wntten objections regarding the request. If any relevant objections are
received, or If the Community Development Director does not approve the request based upon specific critena
10 the Code of Laws. the application must be forwarded to City Council for consideration. The Community
Development Department did receive II relevant objections during this period (Exhibit 2, II Letters of
Objection)
AddItIOnally. the Code of Laws requires a neIghborhood meeting to be held. A neIghborhood meeting was held
on February 9. 2005 There were many neighbors in attendance. The main concerns expressed at thIS meet 109
were in regards to increased traffic and abatement of dust and debns (Exhibits 3 and 4, Neighborhood Meeting
Summary, Neighborhood Meetmg Sign in Sheet)
III. SITE PLAN REVIEW
A site plan. gradmg plan and cross section details have been submitted for review (Exhibit 5, Site Plan, ExhibIt
6, Grading Plan and Exhibit 7 Cross Section Details). The property IS currently undeveloped. The applicants
wish to excavate a portion of the site and use the fill material to level an existing depression on the property A
water storage pond is proposed for the southwest comer ofthe property All of the 1.5 million cubic yards will
be distributed onsite. There may be approximately 50,000 cubic yards of material imported to the site. There
should be minimal truck traffic generated and distributed onto the neighboring streets as a result of thiS request.
Section 26-623 of the Code of Laws dictates the performance standards for excavation operations. Among these
performance standards are the followmg:
I The area of disturbance must maintain a thirty foot setback from all property lines.
2. All roadways must remain in a dust-free condition. Additionally, haulage roads shall not be
established along existing residential streets, except as provided by the special use pennit. Collector
streets and major roads may be used for hauling.
3 The property shall be enclosed by a 72 inch fence. The fence shall contain a three strand barbed
wire section.
4 Provisions for control of wind and water erosion during operatIOns shall be made and followed.
Wind blown matenals or sediment loads shall not be allowed to escape the site.
City Council
Case SUP-OS-OI/Cabela s
2
5 Debris and/or contaminants shall not be accumulated or discharged beyond the property line. The
operation shall be conducted so that the excavated area will not permit water of a stagnated nature
to collect.
6. All extenor lIghting shall be in complIance with Section 26-503
7 All speCIal permIts shall contam provisions for rehabilItation of the property as near to Its pnor
natural state, or m such state or condition as the City Council may approve.
The applicant has agreed to abide by these performance standards. with the exception of number 3 A 72 inch
fence has not been proposed.
The Code also provides that the equipment used shall be maintained and operated utilizing standard items. such
as mufflers, filters, etc to eliminate vibration, dust and noise. The Code specifies hours of operation to be from
7 a.m. to 5 p.rn. during regular business days. The applicants wish to extend the hours of operation from 7 a.m.
to 10 p.m.. seven days a week. The applicants must also provide insurance and a bond to ensure rehabilItation of
the site.
If the specIal use permIt IS approved, a gradmg permit must be obtained from the Public Works Department,
complete with a review of detailed civil drawings.
IV. AGENCY REFERRALS
The proposal was referred to all adjacent jurisdictions. The Community Development Department has not
received any comment from the jurisdictions. The Public Works Department has reviewed and approved the
drainage report and CIvil drawings.
V. SPECIAL USE PERMIT REVIEW
Staff has the following comments regarding the criteria used to evaluate a specIal use permIt request:
Per the Code of Laws Sec 26-114 (D) before a specIal use penrut is approved. the applicant shall show, and the
communIty development director or city council shall find, the proposed special use'
I. Will not have a detrimental effect upon the general health, welfare, safety and convenience of
persons residing or working in the neighborhood of the proposed use.
With proper controls, detrimental effects on the general health, safety or welfare of persons in the
neighborhood should be mitigated. There will be minimal traffic on and off the site. and the applicants
are proposing best management practices to ensure effects on the neighborhood are minimal.
2. Will not create or contribute to blight in the neighborhood by virtue of physical or operational
characteristics of the proposed use.
The proposed use should not contribute to blight in the neighborhood. The excavation and deposition
will be a temporary operation.
3. Will not adversely affect the adequate light and air, nor cause significant air, water or noise
pollution.
With proper controls in place, the proposed special use should not affect adequate light. air or water
pollution. There will be noise generated as a result of the excavation. A condition is recommended that
operations within 200 feet of the residential structures will be allowed only between the hours of 7 a.m.
and 7 p.m. The applicants will be responsible for instilling best management practices to ensure
airborne dust and debris is kept to a minimum, as required by state permits that must be obtained.
City Council
Cas~ SUP-OS-OI/Cabela s
3
4. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service
or internal traffic conflicts to the detriment of persons whether on or off the site.
The proposed speCIal use should not result m undue traffIc congestIon. The applIcants have Indicated
that the fill dirt to be dIstributed wIll be generated by excavatmg a portIon of the sIte. For thIS reason.
there wtll not be large numbers of dirt-hauling vehicles commg to and going from the site. All
equIpment wtll be brought onto the site and will remain onsite untIl completion of the exca.atlon and
grading. Except for mitial mobilIzatIon. all traffic will be required to access the SHe from McIntyre.
5. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening
and landscaping, so as to be in harmony and compatible with the character of the surrounding
areas and neighborhood, especially with adjacent properties.
There IS no bUIlding proposed as a result of this special use request. The applicants will be reqUIred to
maintain a 30 foot "setback" from the property lInes. This setback will ensure that the gradmg and
excavatIon vehIcles and equipment are at least thIrty feet from the nearest property lIne
6. Will not overburden the capacities of the existing streets, utilities, parks, schools and other public
facilities and services.
The applIcants have indicated that there will be mimmal traffic generated by this speCial use request.
All of the fill material to be excavated and moved will come from onsite; that is. there will not be trucks
bringmg the dIrt onto the site to be distributed. There should be no effect on utihties, parks. schools or
publIc faCIlitIes.
7. History of compliance by the applicant with Code requirements and prior conditions, if any,
regarding the subject property.
The applicants have no history of compliance or noncompliance with the City of Wheat Ridge code
reqUIrements.
8. Ability of the applicant or any permitted successor-in-interest to continuously meet the conditions
of the proposed permit.
If condItions of an approved speCIal use perrrut are violated. the perrrut can be revoked.
9. Other factors relevant to the specific application.
There are no other relevant factors.
VI. STAFF CONCLUSIONS AND RECOMMENDATIONS
Staff concludes that the applicants should not create an adverse effect on the neighborhood. AddItionally. the
applicants will take measures to ensure dust, debris and runoff are mimmal and non-intruSIve. City Council
shall decIde if the request IS a personal grant of the owner or property. Therefore. staff recommends
APPROV AL of Case No. SUP-05-01
VII. RECOMMENDED MOTIONS
OptIOn A.
"I move to approve Case No. SUP-05-Ol, a request for approval of a speCIal use permit to allow for excavatIOn
and deposition of fill material in the amount of approximately 1.5 million cubic yards for the property generally
located west of 1-70. south of Highway 58. and north of West 3200 A venue, for the following reasons:
City Council
Case SUP-05-0JICabela s
4
'1
The requirements of the City and the conditions of approval will ensure that the excavatIOn and gradIng
will mitIgate impacts upon the general health, welfare, safety and convenIence of persons residmg or
workIng In the neighborhood.
The applicants will take measures to ensure the effects generated are minImal and non-Intrusive to the
adjacent neighborhoods.
There wIll be minImal off-Site traffic generated as a result of the request.
3
WIth the following conditions.
Hours of operation shall be lmllted to 7 a.m. to 10 p.m., seven days a week.
'1 The applicants must adhere to the performance standards as hsted in Section 26-623 (0(2) of the Code
of Laws. with the exception of the reqUIrement for fencmg.
3 The grant of use shall be for the applicants and may not be inherited.
4 There shall be no explOSive devices used for the demolitIOn or excavatIOn of material.
5 For areas Within 200 feet of residentIal properties, the hours of operation shall be limited between 7
a.m. to 7 p.m.
6 The applicants shall comply with the conditions of state perrruts regarding water and aIr qualny
7 The applicants shall meet With adjacent homeowners to develop a nOIse abatement plan. which IS
subject to City approval.
8 Except for mitial mobilization, access to the site by addItional equipment or trucks Importing fill
material shall be from McIntyre Street.
9 Violations of any of the above conditions may be grounds for revocation of the speCial use permit.
10. Approval of the speCIal use permit shall not become effective until the annexation of the property
becomes effective.
OR
Option B
"] move to deny Case No. SUP-05-01, a request for approval of a speCial use pemut to allow for excavation and
deposition of fill matenal in the amount of approximately 1.5 million cubIC yards for the property generally
located west of 1-70, south of Highway 58, and north of West 3200 Avenue for the following reasons.
Cit)' Council
Case S l' P -05 -0 I/Cabe la s
5
Coors I Cabela's Site Excavation Proposal
Special Use Plan Narrative January 25, 2005
Introduction
This Special Use Permit application for a Major Excavation Control Operation has been
prepared in accordance with the requirements of Section 26-623 of the Municipal Code for the City
of Wheat Ridge, Colorado
This permit application encompasses approximately 130 acres and is comprised of
multiple ownerships. The two principal ownership groups are the Coors Brewing Company of
Golden, Colorado and Cabela's Retail, Inc., a Nebraska Corporation A third property located on
approximately 8 acres of land and along the southern edge of the site is owned by the Salter
family Material excavated from the Salter property will be used for top dressing and surface
reclamation of the proposed fill areas throughout the site
Project Description
The Coors Brewing Company is proposing a new water storage reservoir on approximately
29 acres of land located in the southwestem portion of the subject property The material
excavated from this area will be used to balance other development sites within the subject
property No off-site export of any excavated material is being considered in this proposal
Site Characteristics
The subject property is generally located south of Clear Creek and west of Interstate 70
The site has historically been used for sand and gravel mining and is currently undeveloped The
resulting landform from previous mining activities has left much of the site with large excavation
pits, steep slopes and poor drainage
Construction Schedule
Excavation of the proposed water storage reservoir is planned to begin in early March of
2005 and is anticipated to be completed in seven months. The excavation process will involve the
removal and replacement of several utilities including a major water transmission line owned by the
Denver Water Board The construction sequencing imposed by the Denver Water Board requires
that the work in the vicinity of the water main be complete before seasonal runoff peaks this year
Because of this constraint, the contractor will anticipate extended work hours that will include
seven days a week between 6 a.m. to 10 p.m. Additional hours of operation may be required for
special or unforeseen circumstances such as those involved with utility work or other emergencies
that may come up in the process. In these situations the contractor will contact the appointed
representative from the City's Public Works Department for permission to temporarily extend hours
of operations past 10 p.m. Under no circumstances will the contractor be allowed to begin
excavation work before 6 a.m.
Construction Fencing
Construction fencing will be placed around areas involving areas of active excavation only
The minimum heigllt of construction fencing will be 60 inches with the entire perimeter secured
after approved hours of operation.
EXHIBIT 1
EXHIBIT 2 -
LETTERS OF
OBJECTION
02l1~~05_~ 1~ 5}_I::AX_303 291 0583
PR NEWSWlRE
141001
TO: The City of Wheat Ridge, Planning Division
Fax: 303 235.2857
PH. 303 235 2846
FR. Nancy Sells, resident
DA: 2/10/05
RE: Case No. SUP-OS-Ol, Request for Approval of a Special Use Permit
Thank for your letter of Feb. 4, advising me that a request has been made to excavate a
reservolI directly behind my house. I was surprised to learn that thIS SpecIal use can be
granted by the Community Development Director without a need for a public heanng.
Norris Dullea, the consultants to Cabela's, shared with us at a meeting at Mannmg School
last mght that this is the first of many possible strategic moves to begin the development
of the Cabela's property, We learned that, if approved, the excavation will take place
from 7 a.m. to 10 p.m. each day, that the traffic needs have not yet been addressed, that
there are more meetings coming, and that as local residents we are allowed to have a say
in these matters.
Finally, annexation of the property for Cabela's has not been officially approved by the
Wheat Ridge City Council. I therefore feel strongly that the course of events regardmg
the Cabela's move are taking place in a manner that benefits the Cabela's corporation but
in no way benefits the local residents, and the excavation is just one small example of
that.
I have many serious concerns regarding the excavation, such as noise, dirt, water flow,
and other issues that will affect me as a homeowner Before a permit to excavate is
granted, 1 would like all my questions answered.
I therefore urge the Community Development Director NOT to grant this Special Use
Permit until greater clarification on all matters regarding the excavation in particular, as
well as the larger issues related to the Cabela's move, (such as the traffic challenges), are
addressed.
Thank you,
;V~ . %..L- 5D3, ?f;~, 303cf
"3 fl'f0 B~ CY
G~ CO 8Qiiol
Sent By: SIERRA TRANSLATIONS INCj
3032798716;
Feb-11-05 10:4BAMj
Page'! ,
To: The City of Wheat Ridge, Planning Division
Fax: 303,235.2857
Phone: 303.235.2846
F~~ l' 2005
__m~_~ _
From: Michael & Judith Forsba
Fax; 303.279.7897
Phone: 303.279.8716
Date: 2111105
RE: Cue No. SUP-05-01. Reqqat for Approval of a Special Use Permit
We have been infonned tba1 a request has been made to excavate a rescrvQir directly
behind our circle drive. We live at:}3510 W. 33M Ave. at the top oftbe drive. We were
surprised to learn that this special u!ge can be sranted by the Community Development
Director without 8 need for a public bearing.
At a meeting at Marmi"i School on Wednesday night the 911s, Norris Dullea. the
consultants to Cabela's, tokt us that! this is the first of matty po!!lS1ule strategic moves to
begin the de'Yelopmctlt of the CabeIlt's property. We learned that, if approved, the
excavation will18ke plaOe from 7~ to 10 pm each day, that trafticneeds have not yet
been addressed, that there are more Jneetings coming, and that as local residents we are
allowed to have a say in these matters.
Finally, annexation of the property for Cabela's has not been ()ttl~llllly approved by the
Wheat Ridge City Council. Therefore, we strongly feel that 1be course of events
regarding the Cabe1a'5 move are taJdq plaec in a manner that benefits the Cabela's
corporation, but in no way benefits 1M local residents, and the excavation is just one
small ~le of that. '
,
We have many serious conc:ems rcgJrding tho ex~oo; such as traffic, noise, dirt,
dust, water flow, and other issues that will directly affeet me as a homeowner. Since
Manning does not use school buses for student transportation and Coors has no other
outlet for it:! cmplnyces onto West IJ70 besides 3:Z- .street. private vehicle U!Ie from 7:30
_ 8:30 ~ 11 :30am -1:00 pm. 2:30 -:-- 6:00 psn is already very congested. We try to avoid
using 32 at those time8. if possible; Before A permit to euavare i. granted, we would
like all our questioos ~. '
We therefore urge the Community Qeve10pmeDt Director NOT 10 grant this Special Use
Permit unti1~ clarification on an matters regarding the exeavation in particular, all
well as the liipr issues re1akd to thO Cabe1a's move, (such as traffu: eballc:nges). are
llIddresscd. Thank you.
~F~/~~
Michael & Judith Forsha
13510W. 33nl Ave.
Robert & Maureen Whitfield
3324 Beech Ct
Golden CO 80401
~
February 10, 2005
The City of Wheat RIdge
Attn- Alan White -Wheat Ridge Community Development Director
Attn- Randy Young - City Manager
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
TIus letter is 111 reply to your letter of February 4 concemmg a request for approval of a
SPECIAL USE PERMIT (Case No.SUP-05-01)
My Residence IS mdtately adjacent to the south boundary of the proposed project and
will be heavily unpacted by the enVISIoned excavation which will be withm a hundred
feet of my house. To date neither our Applewood Lane Homeowners of 38 Residences
nor the rndividual home owners have had any contact from Wheat Ridge OffiCIals
concemmg the details connected with this matter TIle Cabelas developer did hold a
meetmg on the 9th of this week at Manning Jr High school to diSCUSS this project but did
not have specific answers to the questions below.
I would request that the SPECIAL USE PERMIT contarn prOVISIons to protect adjacent
property owners. SpeCifically the following should be covered:
1) Dust control.
2) Routes to be used by contractors when moving trucks and excavatIon
equipment rnto and out of the project area.
3) Hours dunng which heavy equipment may be operated.
4) Control of noise from equipment - particularly volume and frequency of
heavy equipment backup signals.
5) Prohibition of the use of explOSives.
6) Monitonng of Pennit requirements by City officials.
7) A procedure for Homeowners to report vIolatlOns or excessive disturbance.
8) A detailed map based on high order surveying which shows the exact location
of the proposed lake excavatIon with respect to lot lines, houses and property
boundanes in our Applewood Lane SUbdIVIsion.
I feel all adjacent property homeowners should be given detailed rnfonnation about these
questions above a~ it pertains to the SPECIAL USE PERMIT.
Feb 14 05 12:51p
p. 1
TO: The City of Wheat Ridge, Planning Division
Fax: 303 235.2857
PH: 303 235 2846
/
6'~~'l
FR: Lela Green. resident ~ Braun Court. Golden. CO
80401 PH: 303 J, 71- :3 5tP 7
DA: 2/11/05
RE: Case No. SUP-OS-Ol, Request for Approval of a Special Use Permit
Thank for your letter of Feb. 4, advising me that a request has been made to excavate a
reservoir near my property. I was surprised to learn that this special use can be granted
by the Community Development Director without a need for a public hearing.
Norris Dullea, the consultants to Cabela's, shared with us at a meeting at Manning School
last night that this is the first of many possible strategic moves to begin the development
of the Cabela's property. We learned that, if approved, the excavation will take place
from 7 a.m. to 10 p.m. each day, that the traffic needs have not yet been addressed, that
there are more meetings coming, and that as local residents we are allowed to have a say
in these matters.
Finally, annexation of the property for Cabela's has not been officially approved by the
Wheat Ridge City Council. I therefore feel strongly that the course of events regarding
the Cabela's move are taking place in a manner that benefits the Cabela's corporation but
in no way benefits the local residents, and the excavation is just one small example of
that.
I have many serious concerns regarding the excavation, such as noise, dirt, water flow,
and other issues that will affect me as a homeowner. Before a permit to excavate is
granted, I would like all my questions answered.
I therefore urge the Community Development Director NOT to grant this Special Use
Permit until greater clarification on all matters regarding the excavation in partIcular. as
well as the larger issues related to the Cabela's move, (such as the traffic challenges), are
addressed.
Thank you,
,1
0. .
d~~
DIGIACOMO & JAGGERS, LLP
ATTORNEYS AT LAW
ASPEN BUSINESS PARK
5400 WARD ROAD BLDG III, SUITE 200
ARVADA, CO 80002-1822
(303)420-4220
FAX (303) 423-4840
offlce@djatlaw com
DAVID R DIGIACOMO
GERALD H JAGGERS
DOUGLAS J PERKO
February 14. 2005
CIl) of Wheat RIdge
Planmng Department
7500 \\' 29th Ave
Wheat Ridge, CO 80033
RE ApplIcatIOn for a Fill Permit-North of3~nd: West ofl-70: South of Clear CreeL 1 5 mIllIon
cubIc yards
Dear Planning ComrlllssIOn
On Sunday, February 13.2004 I was rIding my bIcycle on the 1-70 frontage road near the Jeffeo
Ammal Shelter and saw the postIng of a notice regardIng a permIt requested for excavatIOn on
the Coors/Cabela's site. I had to look tWIce at the notice. 1 knew the AnnexatIOn Petltlon was
scheduled for hearing on February 28th I was sure the NotIce was for a heaTIng before the
County of Jefferson SInce the annexatIOn had not been approved yet.
I know the CIty CouncIl is unanimously behind the Cabela's project but shouldn't the CIty
proceed so that the publIc has appropriate input? It seems to me that the postIng is not legal
UntIl the annexatIOn occurs the City has no jurisdictIOn over the parcel The postIng of a notIce
on a property over whIch the CIty has no jUrISdIctIOn should InvalIdate the posting.
More Important though IS the fact that a Wheat RIdge citIzen has no reason to belIeve that a
postIng would apply to hIm or her SInce the property has not been annexed yet.
Regardmg the Permit:
1) A mIddle school and elementary school (Maple Grove) are located vel) close to the
access road off of West 32nd Ave. 1.5 millIon yards is 150.000 dump truck loads. What
actIOn is being taken to protect the children who walk to the school and parents who drive
thelT children?
2) The constructIOn actIvity will impact more then W 32nd and Youngfield. Two
elementary schools (Prospect Valley & Kullerstrand) and a high school (Wheat Ridge)
F \WPWINlCltentsIDtGiacomo, DavelWheat Ridge Plannmg Deptwpd'1/14/05
Page ::
F ebruan 14, 2005
are wIthIn approxlmatel) 1.5 miles from 32nd and Y oungfield What efforts wIll be
expended to Insure the safe!} of thousands of chIldren In the adjacent neIghborhoods"
3) West 32nd Ave IS one of the most popular bIcycle routes In the regIOn. Ho\\ do the Clt\
and the Developer Intend to protect the bIcyclIng pubhc"
4) As the "crow files" we live approximately one mile east of the sIte and downwInd. What
actIOns are beIng taken to mItigate the nOIse and dust')
5) 10,000 dump truck.s on the cIty streets wIll cause some damage Who IS responsible for
repaIrIng the damage?
6) How wIll truck traffic be handled') The intersectIOn of 32nd and Y oungfield IS already a
congested intersectIon.
The comments must be submitted by 5'00 p.m. today I beheve the comment penod IS too short
since the apphcatJon was so recently filed and Illegal I may have addItIOnal comments after
re\'1eWIng the CIty's files.
I hope our appoInted and elected offiCIals wIll act to protect our pubhc Interest and not be blInded
b) potentIal "profit" Imagined because of Increased tax revenues from thIS development.
Yours truly,
c:Q-0. .
.- ---"
DaVId R. DIGIacomo
DRD/lm
F IWPWINIChents'.D,G,acomo DavelWheat Ridge Planmng Dept. wpd12/14/05
02/14/2005 MON 11: 06 PAX 303 232 5161 Golclen Hill La", Officee
~OOl/002
SCHMIDT & HOREN LLP
A Partnership of ProfessIonal Corpontions
AttorneyJ and QJunselors at Law
1050 17'" STREET, SUITE 1700
DEJ'Io"VER, COLORADO 80265
TELEPHONE (303) 436-9111
l' AX (303) 436-9648
www.sclmndthoren.org
PATRlelAA BARRON
)(AREN 1(. HOILAND
ROBERT P HOREN
DAVID!.. LOCKWOOD
MARK. D. MASTERS
JUl.IA GRlFFlTIi MCVEY
MICHEILE BARNES RUBIN
L WIl.l.lI\M SCHMIDT, JR..
Of Counsel:
PETER M. MITERKO
Dite<:l Dial: (303) 224-7799
Dite<:[ F...: (720) .93.{)774
. OfCounl'CI to McG\J>nc.oo Hogan,
l..U'
LEGAl. hSSIST J\NTS.
AlF'. Bodden
Mary BI4,t
1LA..... /1,. Dt1r1nger
Thonoos F Wllak.
February 14,2005
City of Wheat Ridge
7500 W. 291h Ave.
Wheat Ridge, CO 80033 VIA FACSIMLE: 3.235.2857
RE: Case No. SUP~5.Q1
To Whom It May Concern:
This letter is in response to your letter dated February 4, 2005 informing a neighbor about
the above referenced case.
My husband and I live a few houses away from the neighbor who provided us a copy of
your notice to her, and we are extremely concerned and opposed to the proposed
excavation of 1.5 million cubic yards of dirt. Your letter indicated that you wanted
responses to your letter by today at 5:00 pm. Unfortunately, the notice sent out by the city
was not received by everyone impacted by this proposed plan. It is unfortunate in that I
believe the city would receive many more letters similar to mine voicing concerns and
objections had notice been properly mailed and received by everyone in time to meet your
response deadline.
Be that as it may. here is our objection to the special use permit. Additionally, this letter
is to let you know that we are uniting neighbors throughout the Applewood and Wheat
Ridge areas to oppose this proposed retail development and excavation site. The entire
project has been steamrolled through with very little notice to and opportunity for comment
from the impacted community. We understand the city stands to gain quite a bit of
revenue from this proposed project. However, the cost at which such revenue comes to
the city is prohibitive and destructive to hundreds of homeowners in the area. Additionally,
the impact from the projected increased traffic on the already clogged roads will be felt by
02/14/2005 MON 11:07 PAX 303 232 5161 Golden Hill Law Officea
City of Wheat Ridge
page 2
February 14, 2005
Ij/J002/002
thousands who travel those roads, We will oppose this project with all of the resources
we have available.
I urge the Community Development Director NOT to grant this Special Use Permit. Thank
you for your time.
ResRectfully, I' "'
c~~
I
Juli~i;riffjth McVey
f'
/('\ K/
\. V,
1
--- --'------./
~ ' n!~~
To
Phone
The City of Wheat RIdge. Planmng Division
(303 ).235 2846
From.
Phone
Date'
Bob and Gail Reynolds
303.2795626
2/13/05
RE:
Case No. SUP-05-01, Request for Approval of a Special Use Permit
We receIved notificatIOn that a request for approval ofa Special Use Permit for
depOSItmg fill dIrt on property near our home sIte has been submitted. Concermng thIs
request. we do not want the Planning DivIsIon to approve this permit without a pubhc
hearmg We have been informed by the engineering firm that IS workmg for Cabela's that
thIs IS the first step in gettmg the property ready for commercial development. We have
also looked at the proposed traffic plan for accommodating thIS enterprise The traffic
plan IS certam to make our home and other reSIdences in the area along 32nd Avenue
undeSIrable places to live. The property for the proposed Cabela's IS bordered on three
sIdes by hIghways that are commercial-industrialm nature. and for the City of Wheat
RIdge to choose to use a residential street, 32nd Ave.. as the access to thIs shoppmg area IS
reprehensible Until the traffic matter is discussed with the people to whom It IS of vItal
interest. no work on the property toward the goal of building a Cabela's should proceed.
Thank you.
0?~~ ,
(jeJi -if 6l9J~tid/
I, J
iJ
The City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
APPLEWOOD LANE HOMEO\\lNERS' ASSOCIATION
PO. BOX 17624
GOLDEN CO 80402 - - ~_u____
TELEPHONE 303 273 9604 / /
r------u-. ~_ F[R .... '1 200~
! ~~--- I
I F~~ 2005, -----
~~
February 11, 2005
This letter IS m reply to your attached letter of February 4 concerning a request for
approval ofa SPECIAL USE PERMIT (Case No SUP-05-0J)
The Applewood Lane Subdivision is munediately adjacent to the south boundary of the
proposed project and will be heavily Impacted by the envisioned excavation which will
be within a hundred feet or so of existing houses. Our AssociatIOn is composed of 38
homeowners within the subdivision. To date neither our Association nor the individual
home owners have had any contact from Wheat Ridge Officials concerning the details
connected with this matter.
We believe that the subject SPECIAL USE PERMIT should contain provisions to protect
adjacent property owners. Specifically the following should be covered:
I) Dust control.
2) Routes to be used by contractors when moving trucks and excavatIOn
equipment into and out of the project area.
3) Hours during which heavy equipment may be operated.
4) Control of noise from equipment - particularly volume and frequency of
backup signals.
5) Prohibition of the use of explosives.
6) Monitoring ofPenmt requirements by City officials.
7) A procedure for Homeowners to report violations or excessive disturbance.
8) A detailed map based on high order surveymg which shows the exact location
of the proposed lake excavation with respect to lot lines, houses and property
boundaries in our Subdivision.
We are also interested m what improvements such as transition zones, green belts, and
public safety measures are to be incorporated mto the project along its south boundary
adjacent to our subdivision.
We are herewith requesting a meeting with the Wheatridge Community Development
Director to discuss the above matters before approval of the SPECIAL USE PERMIT is
granted.
Thank you for your assIstance.
Applewood Lane Homeo\\ners AssocIatIOn
B). Wilham A Major
President
I r -
},J~Jt~lH~tG
Please acknowledge receipt of this letter and return one copy
to address in heading. Thanks.
received
date
CC' JIm Congrove - Jefferson County Commissioner
J. Kevm McKasky - Jefferson County Commissioner
FEB-14-2005 NON 04:43 PN NREL SERF W
FAX NO, 3033846430
p, 01
" )
City of\Vheat Ridge, Planning Division
;:: ~ \ :: ?nn~
~y
I \
~--- -~ ~
Ie 303-235-2857
! ')m. John Benner, resIdent 3255 Braun Ct, Golden CO 303-279-9463
: '~te: February 14,2005
~~, Case No. SUP-OS-Ol, Request for Approval of a SpecIal Use Permit
. mr letter ofFeb 4 sent to my neighbors Wlthm one block of me proposed excavation
! .ated to the Cabela's property has been forwarded to me, I attended the meeting at The
~annmg School on February 9,2005 and mtend to participate in tbe meet1l1g February
I, at the Marriott I am surpnsed to learn that this special use permit is proceeding 10
I nt appears to be a convoluted schedule,
\ i the Mannmg School Meeting, the engineer from MartmiMartin mdicated that \\l1eat
t idge City Council approval of the excavation would be irrelevant, since the property IS
\,)t yet annexed by ~eat Ridge and that the proposed excavation was already approved
~ lder reclamatlon permits granted shortly after the property was quarried, It appears that
Ie the request for the special permit is proceeding despite this,
must pomt out that tbe traffic plan for the area IS still poorly developed, unworkable and
J .approved, The annexatIon has not been approved, The excavation plan will be, at best
Jlghly dlSl1lptlve given the proposed operating hours from 7 am to 10 pm. At worst, 1t
1 )pears that the engineers have miscalculated the amount of matenal that can be moved
f 'om one section of the property to fill other areas on a net zero baSiS.
r feel that Cabela's and the engineering f1nn Martin/Martin are proceeding with total
(lSfegard for the residents ofthlS quiet neighborhood. The discussion meeting last
'II ednesciay was very uninformative and out of order. Given the high pnority that must
1e placed on traffic flow, their plan to proceed with excavation seems reckless. GIven
trle contention that the Wheat Ridge permlt is unnecessary, I am concerned that they are
treating the CIty of Wheat Ridge with the same "going through the motions" disregard.
: request that the Community Development Drrcctor NOT grant tills Special Use Penmt
antil greater clariiicanon is provided on the traffic plans, excavation and related issues of
-,he proposed Cabela's move,
(~~.
,
fohn Benner
/
TO The City of Wheatndqe Plannlnq DivisIOn
From. Robert T and Barbara Hilburn
3345 Braun Road. Golden. Co 80401
Phone 303-279-80927
r ~; . - ?nQ~
. .\\'^x.
1....-___._ --""\-.--,-------------
~
RE: Case No. SUP-05-01, Request for Approval of a Special Use Permit
We have been advised that a request has been made to excavate a reservoir
directly north of our residence We were surprised to learn that this special use
can be granted by the Community Development Director, without a need for a
public hearing.
NOrriS Dullea the consultant to Cabela's, shared with us at a meeting at Manning
School on February 9, 2005, that this is the first of many possible strategic
moves to begin development of the Cabela property It IS our understanding, If
approved, the excavation will take place from 7 00 am to 10.00 pm each day
The extended hours proposed for this operation would create an excessive
amount of noise after normal business hours
We previously contended with the excavation noise and dust dunng the
construction of the reservoirs north of the proposed site over an extended period
of time
Because of the noise level we were forced to keep our windows closed dunng
the evening hours We would ask that this permit NOT be approved with the
extended hours of 7 00 am to 10'00 pm. We request that the permit not be
allowed past 7 00 pm
We are deeply concerned that the process for this permit has not allowed for
input from the community A project of this magnitude (1 5 to 2.0 million yards of
dirt) should not proceed without further involvement of the community affected
In addition this community has not been informed of the total traffic plans for
mitigating the impact of this project on affected residents We feel that the first
step for thiS development must be a viable workable traffic plan.
We look forward to working with the city of Wheatridge to determine the
feasibility of this project
&~~.;l2-
~ -=TP~
Robert T Hilburn
Barbara Hilburn
......-.-~_. ~n_ __ ____
TO The Citv ofWneat RIdge, Planning DIVlslon
Fax: 303 235.2857
PH: 303 235 2846
:: ;- ~ 8 700',
~p--
FR Mr. And Mrs. Tony Ficco, 3365 Braun Road, Golden, CO 80401, PH. 303 277 1091
DA. 2/1605
RE: Case No. SUP-OS-Ol, Request for Approval of a Special Use Permit
This IS to advise you that as long-term reSidents of this area, we are fervently agamst the
development of the property by Cabela' s
We are concerned about environmental Issues, traffic Issues and strongly urge you not to
proceed with the Special Use Perrrnt to allow for depOSit offill dirt matenal m the parcels
proposed to be annexed mto the City of Wheat Ridge located west of 1-70
We do not approve of the proposed annexation of the property by The City of Wheat
RIdge.
Please let me know how else we can get Involved to vOice our opinions. As my husband
and I are elderly and are lITunobile, It is not possible for us to attend meetmgs but we
want to call whomever is necessary m order to vOIce our concerns
Thank you,
7500 West 29th Avenue
Wheat RIdge. Colorado 80215
City of
Wheat Ridge
~
Telephone (303)235-2846
Fax (303 )235-2857
Date:
9 December 2005
City Staff Present: TravIs Crane, Randy young, Tim Paranto
Location of Meeting: Manmng School Audltonum -13200 W 32nd Ave.
Property Address: Parcel west of 1-70. south of hwy 58, north of W 32nd Ave.
Property Owner' Coors/Cabela's Property Owner Present? No
Applicant: Coors/Cabela's
Existing Zoning: Planned Development (Jeff CO)
Comp Plan Designation: CC - Community Commercial
Existing use/site conditions: Vacant
Applicant proposal: Would like to apply for a spec\3l use permit to allow for excavatIon and
deposItiOn of fill matenal The excavatiOn would occur 10 the southwest
comer of the property A water storage pond would be created by the
excavatIon The fill matenal would be dlstnbuted on site to even the grade
Issues discussed: There were many neighbors in attendance at thiS meetmg. Many of the
attendees wished to diSCUS the eventual plans for the site (the rezon1Og and
development of a retail store) The applicant's representatives stated that
addItiOnal meeting would be held to diSCUSS the development, and that the
focus of thIS meetmg was to discuss the excavatiOn. ThIS caused much
confUSiOn.
There were a few questions regardmg the order of the meet1Ogs. Many
attendees were confused by the speCIal use request. A majority of the
audience thought the sIte development should be addressed prior to the
excavation of the sIte.
There was discussiOn regarding the intent of the water storage pond, and
who would use it. There were questiOns regarding the constructIon
schedule for excavatiOn - hours of operatiOn, duratiOn, truck traffic
generated, dust, nOIse and Iight10g Impacts. There were a few questIons
regarding the type of equIpment to be used for the excavation There were
addItiOnal questions regarding Impacts of the pond after constructIOn -
dramage, water levels, Implementation of trails, and recreational use
EXHIBIT 3
There were many comments regardmg lack of presence by the property
owners and Jefferson County and Wheat RIdge officIals.
. ~
A vast maJonty of the attendees wIshed to express theIr dIspleasure wllh
the SIte development and mcreased levels of traffic generated by
development.
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for a 72 mch fence around the pen meter of the property. AddltJOnally. the Code specIfies the hours
of operatIOn to be from 7 a.m. to 5 p.m. dunng nonnal bUSiness days. The applicants wish to
excavate from 7 a.m. to 10 p.m.. seven days a week. The applicants are In the process of hlnng a
contractor to perfonn the excavatlOn and gradmg work and the appltcants may at the heanng request
hours dIfferent from v. hat IS stated here.
A gradmg pemut will be reqUIred If the special use permIt IS approved. The permIt reqUIres the
subffilttal of an erosIOn control plan, a drainage report and plan, an engmeenng geology reporl and a
solis engmeenngloverlo[ grading reporl. In addItion, the follOWing permIts are reqUIred from the
State
NPDES/CDPS Pennit, with storm water management plan
'1 Corps of Engmeers 404 penTIlt for the temporary creek crossing.
3 DIVISion of Mmeral and Geology permit.
4 Depanment of Publtc Health and EnVironment :ur qualIty permIt.
AL TER1'iA T1VES CONSIDERED:
Do not approve the specIal use request.
FI~r\NCI:\L l!\fPACf:
The CIty has receIved a one-tIme appltcatlOn fee for the land use appltcatlOn A one-tIme fee will also
be collected for the grading pennlt.
/+pD
t 'iLK!'1 /I.-.:t: c: '"
RECO\1~fE"'DED !\lOTlO:";S:
Option A
"I move 10 approve Case No. SUP-05-01. a request for approval of a speCIal use permItI.tD allow for
e\CJv atIon and depoSItIon of fill malena! In the amount of appro.\lmately !.5 mJllton cubIC yards for
the properly generally located west of 1-70. south of HIghway 58. and nOrlh of West 32nd A venue.
for the follOWIng reasons
------'.,
The requIrements of the CIty and the condItIons of approval WIll ensure that the e.\cavatlon
and gradmg WIll nutlgate Impacts upon the general health, welfare. safety and conveOlence
of persons reSIding or worlung In the neIghborhood.
, The applicants Will take measures to ensure the effects generated are mInimal and non-
IntruSIve to the adjacent nelghbortloods
3 There ....111 be minImal off-site traffic generated as a result of the request.
. /J"-:: (t r- /. L I~ F:-c,t:J..' /''It:../
4,. Trl""- r;:: ~L " {i:kr-rl""-r-'-r', (~C~ .', ~'" T{(.-__ /, C ,- 0> _, c..'-.. '.J /-,. ~ '-""
Wllh the (ollowlOg conditions.
q 7H-
Hours 9( opcr-atlon $hall be hnuted 10 7 a.m. to"-p.m., ~ days a week;
The applicants must adhere to the performance standards as listed 10 Seellon 2 -623 (C)(2) o(
the Code of Laws. WIth the el\ceptlon of the requirement for fenclOg.
3 The grant of use shall be for the applicants and may not be Inherited.
4 There shall be no el\plosl\le devices used for the demolitIOn or el\cavatJon matenaL
5 For areas WlthlO 200 (eet of re~ldentl;>l properties, the hours of operati shall be hnuted
between 7 a.m. to 7 p.m.
~~ c.
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~ ' ,
2,:='"
6 The apphcants shall comply wIth the COndItIOns of state permIts regardmg water and aJr qualIt)'
7 The applicants shall meet wIth adjacent homeowners to develop a nOIse abatement plan. \l. hlch
IS subject to ClIy approval
8 :v:::~r 'R~bl!llatI'QR,A:~ss to the~by aEiElitloha] e:"tllflfF!~~ Ar truch.s Impr'rlmg filL
~~ --" shall be rom McIntyre Street.
9 VIOlatIons of any of the above conditIOns may be grounds for revocatlon of the special use
permit.
10. Approval of the special use permIt shall not become effectIve until the anne\atlOn of the
properly becomes effective.
OR
OptIOn 8
"I move to deny Case No SUP-05-01. a request for approval of a special use permit to allo\\ for
e\ca\'atlOn and deposItIOn of fill matenal In the amount of apprQ)umatel)' 1.5 mllhon cubIC yards for the
properly generally located west of 1-70, south of Highway 58. and nOrlh of West 32nY A venue for the
followmg reasons.
Repon Prepared by' TraVIS Crane, 303.235 2849
RC\'le\l.ed by' Alan WhIte
Allachmcnts,
City Council staff repon (WIth exhibits)
L' I("a,-<: Re\',e"/Cabela'!JCounc,1 Action Form
I am a member of the MOUNT AIR VILLAGE, INC
'DA,h:,~ VV\-m rv:A' j
@ F~0 i+.uU
homeowners' association.
TO WHOM IT MAY CONCERN:
(Check one)
IS! I oppose the City of Wheat RIdge's plan to annex our community
D I support the City of Wheat Ridge's plan to annex our community
D I have no opinion on the annexation of our community
Umt No
. '.
, .
February ~, 2005
Signature
x---
TO WHOM IT MAY CONCERN:
I am a member of the MOUNT AIR VILLAGE, INC homeowners' associatIOn.
(Check one)
,C2( I oppose the City of Wheat RIdge's plan to annex our community
D I support the City of Wheat Ridge's plan to annex our commumty
D I have no opinion on the annexation of our commumty
February ~, 2005
Unit No
Signature
X-----------------------------------------------------------------------------------------------------
TO WHOM IT MAY CONCERN:
I am a member of the MOUNTAIR VILLAGE, INC homeowners' association.
(Check one)
J~r I oppose the City of Wheat Ridge's plan to annex our community
D I support the City of Wheat RIdge's plan to annex our community
D I have no opinion on the annexation of our commumty
Umt No ~.
/ -
,.
Sigmtture
I, l' 7 .
, '-.c J
"
- ~/ (. tt..c '-7,_ )February
/'/
<C. ., 2005
,.,-".~-"~ _... .........,........":.O=~'-,,"'.~,,,.~
..
TO WHOM IT MAY CONCERN:
I am a member of the MOUNTAIR VILLAGE INC h ,. .
, . omeowners assocIatIOn.
(Check one)
~ I oppose the City of Wheat Ridge's plan to annex our community
o I support the City of Wheat Ridge's plan to annex our community
o I have no opinion on the annexation of our community
Unit No ~ -.:3 ( tlk J~,--
SIgnature February LT ,2005
J<-..
TO WHOM IT MAY CONCERN:
I am a member of the MOUNT AIR VILLAGE, INC homeowners' association.
(Check one)
~ I oppose the City of Wheat Ridge's plan to annex our community
o I support the City of Wheat Ridge's plan to annex our community
o I have no opinion on the annexation of our community
Unit No. ~4-I
~'II0ld/!Dh
February 4.7 ,2005
"
TO WHOM IT MAY CONCERN:
I am a member of the MOUNTAIR VILLAGE, INC. homeowners' association.
(Check one)
061 I oppose the City of Wheat Ridge's plan to annex our community.
o I support the City of Wheat Ridge's plan to annex our community.
o I have no opinion on the annexation of our community
Unit No '--/ Y y
~?2~/A,)(dd- ~
Si
February .--17,2005
'V'
TO WHOM IT MAY CONCERN:
I am a member of the MOUNT AIR VILLAGE, INC. homeowners' association.
(Check one)
~ I oppose the City of Wheat Ridge's plan to annex our community
o
o
I support the City of Wheat Ridge's plan to annex our community.
...
11 ,)
Unit No. [I . f.) )
I have no opinion on the annexation of our community.
,:(D/d /! /1)1
Sigi,ature
February ~ 2005
-_.~
TO WHOM IT MAY CONCERN:
I am a resident at / 1- ~ b 7 West 32nd Avenue
(Check one)
IXI I oppose the City of Wheat Ridge's plan to annex our community
o I support the City of Wheat Rid~e's plan to annex our community
o I have no opinion on the annexation of our community
aj~ 1~
Signature
February.,;2 5 ,2005
x
TO WHOM IT MAY CONCERN:
I am a member of the MOUNTAIR VILLAGE, INe. homeowners' association.
(Check one)
~ I oppose the City of Wheat Ridge's plan to annex our community.
o I support the City of Wheat Ridge's plan to annex our community
o I have no opinion on the annexation of our community
Unit No J t/!
.~~/Jt~
Signature
,/"
February Z. ~ , 2005
TO WHOM IT MAY CONCERN:
I am a member of the MOUNTAIR VILLAGE, INC. homeowners' association.
(Check one)
~I oppose the City of Wheat Ridge's plan to annex our community.
it
o I support the City of Wheat Ridge's plan to annex our community
o
I have no opinion on the annexation of our community
~~.~Qfrt~~it
Signature
February 24, 200S
Unit No. r- -'1 ')
x
TO WHOM IT MAY CONCERN:
I am a member of the MOUNTAIR VILLAGE, INC homeowners' association.
(Check one)
or' I oppose the City of Wheat Rid~e's plan to annex our community
o I support the City of Wheat Ridge's plan to annex our community
o I have no opinion on the annexation of our' community.
Unit No ;E /1
X
~)f"~
Signature
February (\4-, 200S
TO WHOM IT MAY CONCERN:
1 am a resident at 14525 West 32nd Avenue.
(Check one)
[3" 1 oppose the City of Wheat Ridge's plan to annex our community
o I support the City of Wheat Ridge's plan to annex our community
o 1 have no oplmon on the annexation of our community
x:
#~
--
February 25,2005
TO WHOM IT MAY CONCERN:
I am a resident at 14625 West 32nd Avenue.
(Check one)
~ oppose the City of Wheat Ridge's plan to annex our community
o 1 support the City of Wheat Ridge's plan to annex our community
o
1 have n~imon on the ann~etlOn of our commumty
\("'~
t a~' c '- February Z S, 2005
\.Signa re \
-------------------------
x:
TO WHOM IT MAY CONCERN:
1 am a member of the MOUNTAIR VILLAGE, INC homeowners' associatIOn.
(Check one)
~ 1 oppose the City of Wheat Ridge's plan to annex our commumty
o I support the City of Wheat Ridge's plan to annex our commumty
o I have no opinion on the annexation of our community
Unit No rl )
'~u/C':.--"""'--
Signature
J
! I...
'-~ C02_< (
February~, 2005
TO WHOM IT MAY CONCERN:
I am a member of the MOUNT AIR VILLAGE, INC homeowners' association.
(Check one)
tm I oppose the City of Wheat Ridge's plan to annex our community
o I support the City of Wheat Ridge's plan to annex our community
D I have no opinion on the annexation of our community
UnitNo t
'"".....,
~11'1'1" 1;,/ L
Si ture /
..j
'~ c.
'J
February~, 2005
x
-----------------------------------------------------------------------
TO WHOM IT MAY CONCERN:
I am a member of the MOUNT AIR VILLAGE, INC homeowners' association.
(Check one)
q I oppose the City of Wheat Ridge's plan to annex our community
o I support the City of Wheat Ridge's plan to annex our community
D I have no opinion on the annexation of our commumty
Umt No \", -- / ') \. ", (', ( " )." j, .<,2 < (U.'
Signature
X--------------------__...________
February Z:.:L, 2005
TO WHOM IT MAY CONCERN:
I am a member of the MOUNTAIR VILLAGE, INC homeowners' aSSOCiation.
(Check one)
'~' I oppose the City of Wheat Ridge's plan to annex our community
,
D I support the City of Wheat Ridge's plan to annex our community
D I have no opmion on the annexation of our community
r -, ~
Umt No i' ___
1:~(~-, \
Signature '
, ,
\ -\..tci i
. ...'
.
February :.:. i'-i; 2005
TO WHOM IT MAY CONCERN:
I am a member of the MOUNTAIR VILLAGE, INC homeowners' associatIon.
(Check one)
)81 I oppose the City of Wheat Ridge's plan to annex our community
o I support the CIty of Wheat Ridge's plan to annex our community
o I have no opinion on the anne~ation of eur cOIlJVlunity
U. /J~ . ~ !, . \ \ ,.;.~. /}' /
UrntNo ~\...Csn6h 1.(1,/1""1'< A._t:{2 ]...,vr February x.--! ,2005
Sl tlire !
x.------------------------------------------------.-----------------
TO WHOM IT MAY CONCERN:
I am a member of the MOUNTAlR VILLAGE, INC homeowners' association.
(Check one)
Q I oppose the City of Wheat Ridge's plan to annex our commurnty
o I support the City of Wheat Ridge's plan to annex our community
o I have no opinion on the annexation of ~ur commuruty
Urnt No 1-1 ')iQ
I \ . \ 'l ]~'1V I.-j
: c .\,',-,-, l
Signature
February "-1 , 2005
x
TO WHOM IT MAY CONCERN:
I am a member of the MOUNT AIR VILLAGE, INe. homeowners' association.
( Check one)
'n
~ I oppose the City of Wheat Ridge's plan to annex our community
o I support the City of Wheat Ridge's plan to annex our community
o I have no opinion on the annexation of fUr community
I' h \ 1!
Unit No (--- \ 0 ~ ,,~v ~:L! February ..:.... '- ,2005
Signature
TO WHOM IT MAY CONCERN:
I am a member of the MOUNT AIR VILLAGE, INC homeowners' association.
(Check one)
% I oppose the City of Wheat Ridge's plan to annex our community
o I support the City of Wheat Ridge's plan to annex our commumty
o I have no opinion on the annexatIOn of our community
Umt N;j7 - It;
x---
'2 ,1 . ) , ,"
~ .' 1- h--" 4-":" /IX (5 ):,l,.<'
Si~ure //
FebruaryJ /2005
TO WHOM IT MAY CONCERN:
I am a member of the MOUNT AIR VILLAGE, INC homeowners' associatIOn.
(Check one)
Cl I oppose the City of Wheat Ridge's plan to annex our community
o I support the City of Wheat Ridge's plan to annex our community
o I have no opinion on the annexation of our commumty
-2 ,I -
Unit No' ; - "7 :) i '.:'--C<-li ,'c -t.. t-( ./"
Signal\"e
X------------------___________________
'---t../
I -
~-L
... l '-"
February,", j, 2005
-----r-
TO WHOM IT MAY CONCERN:
I am a member of the MOUNT AIR VILLAGE, INC homeowners' association.
(Check one)
~
o
o
I oppose the City of Wheat Ridge's plan to annex our commumty
I support the City of Wheat Ridge's plan to annex our community
I have no opinion on the annexation of our commumty
!
i! -
Unit No 11 -;:;,)
I ~,
c ((
'.. . I ,rf
'-t ( L L 1,:. , ( .c
February _ ~ 4 , 2005
Signll!ure
Pam Anderson
From:
Sent:
To:
Subject:
stutzmaju56@netzero net
Monday, February 28, 2005 306 PM
Pam Anderson
Support Cabela
Dear Fnends'
TIllS is to inform you and our council representatIves that I, Mahlon "\mstutz, and my Juha
Amstutz of 3892 Lee Circle, \'XTheat Ridge strongly endorse the possibihty of Cabella locatIng 1n
\Xiheat Ridge
Mahlon "'\mstutz
r
(\ s tn Ly,di,d. /'
~)\ I'JJ~j'tll S
--
---
Pam Anderson
From:
Sent:
To.
Cc.
Subject:
Burt Morwood [bsm0228@peoplepc.comJ
Monday, February 28, 2005 1 09 PM
Pam Anderson
nneelan@jeffco.us
Cabela's annexation/traffic control
]\10n PM Feb-28-2005
I have hved In the "\pplewood area, In the same reSidence, for over 45 years
In all that tlme, there has NEVER BEEN anytlung close to "traHic control" at the followlng
lntersectlons'
n 32nd & Y oungfield
-- 44th & Ward Road (both South and North of the 1-70 overpass)
So now wlth the stupidly-proposed Cabela's development (wlth the thousands and thousands of
addltlonal veillcles that will FURTHER CLOG these lntersectlons) it will be virtually
HvIPOSSABLE to "traffic control" these lntersectlons. no matter what is proposed or done You
can't build enough roads, overpasses or lnstall enough slgns or stophghts, or hire enough law
enforcement personnel, or have enough money to solve tills obvlOusly ill-advlsed proposed new
111ghtmare
Therefore I would strongly advlse (as would the multitudes of other voters wlnch will confront
the Wheat 1udge City Council and the Board of Jefferson County COm1ll1SSlOners in the days and
months ahead n and remember what you all have done at votlng tune) TO VOTE AGAINST
THIS CABELA'S PROJECT!
PeopJePC ()nhne
A better way to Internet
http-/ /www peopJepc.com
February 25, 2005
Dale Book
3210 Arbutus St.
Golden CO 8040 I
Wheatndge CIty Council
City ofWheatndge
Jamces@cl.wheatndge.co us
RE: Cabela's Annexation and Rezonmg
Dear CIty CouncIl Members
The request by Cabela to construct a new store at the comer of Route 58 and 1-70 will create
slgmficant problems wIth traffic congestIOn for people who use the mtersectlOn of 32nd and
Y oungfield and should not be approved untIl the necessary Improvements are IdentIfied and
completed to fully mItIgate the traffic Impacts. RepresentatIves of Cabela have stated at
publIc partICIpatIOn meetmgs that the traffic sItuation at 32nd and Y oungfield would be
Improved, even WIth the mcreased traffic from theIr store, before they would consIder
buIldmg at this site. They recently completed a traffic study to IdentIfy traffic Impacts and
address the needed improvements to accommodate the increased traffic (Felsburg Report)
The study concluded that another access IS necessary, whIch should be constructed near 38th
and Y oungfield and go under 1-70. No engmeering mvestlgation, deSIgn, or cost estImates
of thIs alternatIve were mcluded m the study. It is apparent that further studies are needed
before such an alternatIve could be seriously considered. Absent thIS Improvement, the
Cabela and related commerCIal development at the sIte would totally gridlock the 32nd and
Y oungfield mtersection.
Before you approve the Cabela request, you should conSIder the findmgs of this report and
the need for further mvestIgatlOn and engmeenng deSIgn to determme whether a feasible
solutIOn to handle traffic from thIS sIte even exists. Zonmg approval should not be granted
untIl these addItIOnal studIes are completed, and should be contmgent upon deSIgn and
approval of a feasible solution.
Several Important pomts from the traffic study include the following:
1. The traffic generated by the development will nearly double the traffic load at 32nd
and Y oungfield If a separate access on Y oungfield IS not provided.
2. It IS assumed m the study that about 40% of the traffic generated would enter and eXIt
from 44th and 38th by a new access road to be constructed at 38th and not use the 32nd
and Y oungfield mtersectIon.
Wheatndge City Council
2
February 25, 2005
3. The intersectIOns at 32nd and Y oungfield already operate at capacity during high
traffic periods, and they do not operate efficiently due to the configuration. More
lanes are already needed at these mtersectlOns, but available space IS lImited.
The study concludes that constructIOn of a new access road from Y oungfield near 38th IS
crucial Apparently the road would be placed through a tunnel under 1-70; however, the
feasibIlIty of such a crossmg has not been mvestigated. The assumptIOn about how much
traffic would be moved to the new access IS cntical to the study It should be apparent that
actual movement of traffic from the sIte to Y oungfield or 1-70 wIll depend largely on slgnage
and other conditions that cannot be foreseen now.
Recommendations
1 The rezoning should speCify that the store not open untll the necessary Improvements
are mvestigated, designed and constructed. These mclude the improvements to the
mtersectlOn at 32nd and Y oungfield and the new access road under mterstate 70.
2. Traffic flow should be momtored to insure that traffic loads at 32nJ and Y oungfield
do not exceed those calculated m the study, and the use of the new access road IS as
assumed forthe study. If traffic flow does not occur as projected, additIOnal measures
to lImit traffic at 32nd and Y oungfield should be Identlfied and Implemented.
Please consider the effects on the neighborhoods that rely on the mtersectlon of 32nd and
Y oungfield for access before approvmg thiS development. Approval should reqmre that the
store not be opened until the necessary road improvements are deSigned and constructed and
future traffic IS mamtamed at reasonable levels.
Smcerely,
/-~' /
ndy y
)/I//;-
ale Book
i-C,L/
/:.""~7'
cc Nanette Neelan, assistant Jefferson County Admmlstrator
Page 1 01'2
Pam Anderson
From:
Sent:
To:
klpa@comcast.net
Sunday, February 20, 200S S'OO PM
Pam Anderson
Subject: FW Re. SPECIAL USE PERMIT (Case No SUP-OS-Oi)
Pam, what do I do with thIS. He should have an answer.Karen
n_m_n__n_ Forwarded Message nn__n__m_
From "Bob WhItfield Jr " <whittird(whcwt.com>
To <klpaiq)comcast.net>
Subject: FW Re' SPECIAL USE PERMIT (Case No SUP-OS-01)
Date Fn, 18 Feb 2005 17.59-42 +0000
---nOngmal Message---n
From Bob WhItfield Jr [mmlto'whItfird@hcwt.com)
Sent: Friday, February 18,20058.32 AM
To' 'klpa@comcas1.ne'
Subject: RE. Re SPECIAL USE PERMIT (Case No SUP-OS-Ol)
HI Karen Adams,
I'm I correct m understandmg that thIS proposed Wheat RIdge Annexation
area wIll be m your DIstnct III area?
Can you let me know what the correct procedure IS to submit a request for
reasonable provisions to the SPECIAL USE PermIt (Case No SUP-OS-OI)?
Please let me know
Thanks,
Robert Whitfield
Applewood Lane
3324 Beech C1. Golden CO
303-278-2172
bobjr!a)hcwt.com
--mOrigmal Message-m-
From Bob Whitfield Jr [maIlto'whItfird@hcwt.com)
Sent: Fnday, February 11,2005 11'07 AM
To 'ryoung(a;cLwheatridge.co us', 'awhite@Cl.wheatridge.co US'
CC 'k.Ipa0J.comcas1.ne', 'Bruce Chalker'
Subject: Re SPECIAL USE PERMIT (Case No SUP-OS-OI)
Randy Young -CIty Manager & Alan WhIte-Director CommunIty Devleopment,
2/28/2005
Page 20f2
This letter IS m reply to the City of Wheat RIdge's letter of February 4
concermng a request for approval of a SPECIAL USE PERMIT (Case
No sup-aS-a!)
My ResIdence IS numedIately adjacent to the south boundary of the proposed
project and Will be heavily impacted by the envislOned excavation which Will
be within a hundred feet of my house To date neither our Applewood Lane
Homeowners AssoCIatIOn of 3 8 ReSidences nor the indiVidual home owners have
had any contact from Wheat Ridge OffiCIals concermng the details connected
with thIS matter. The Cabelas developer dId hold a meetmg on the 9th of
this week at Mannmg Jr High school to dISCUSS thiS project but did not have
specific answers to the questions lIsted below.
I would request that the SPECIAL USE PERMIT contam provIsions to protect
adjacent property owners. Specifically the follOWing should be covered.
1) Dust control.
2) Routes to be used by contractors when movmg trucks and excavatIOn
equipment into and out of the project area.
3) Hours dunng which heavy eqUIpment may be operated.
4) Control of nOIse from eqUIpment - particularly volume and frequency of
heavy eqUIpment backup signals.
5) Prohibition of the use of explOSIves.
6) Momtoring of Permit reqUIrements by City offiCIals.
7) A procedure for Homeowners to report violations or excessIve
dIsturbance
8) A detaIled map based on high order surveymg which shows the exact
locatIOn of the proposed lake excavation with respect to lot lines, houses
and property boundanes m our Applewood Lane SubdiVISIOn.
I feel all adjacent property homeowners should be given detailed informatlOn
about these questions above as it pertams to the SPECIAL USE PERMIT
Thank you for your conslderatlon and aSSistance,
Robert & Maureen Whitfield
Applewood Lane
3324 Beech Ct. Golden CO
303-278-2172
2/28/2005
Page 1 of 1
Pam Anderson
From: klpa@comcast.net
Sent: Friday, February 25, 2005 3 34 PM
To: Pam Anderson
Subject: FW' No to Coors-Cabela's development
Did not read. Should I delete or have you place III testimony file for pubhc hearIng')
-------------- Forwarded Message --------------
From. "Robert Wilhams" <jwwllhamsMi]comcast.net>
To <klpa@comcast.net>
Subject: No to Coors-Cabela's development
Date Thu, 24 Feb 200503.33 59 +0000
Dear Councilmember,
This family is opposed to the Coors-Cabela's development because of the more than doubling of traffic at
the 32nd-170-Youngfield intersection forecast by the traffic study paid for by Cabela's. I'm not against any
development there, but the 1-70 Freeway intersections at Ward Rd and 32nd Ave are already
overwhelmed. As you probably know, Cabela's projects 4 million visitors per year, 3130 vehicles/day, 300
vehicles/hr, 3 5 people/vehicle That's equivalent to about 20 busloads of people/hr entering and leaving
the site There's too much traffic already
A glaring deficiency of the Cabela's traffic plan is that it does not include effects from a potential W470
(NW belltway) joining Hwy 58 at Mcintyre The traffic plan also relies on completing the Hwy 58 to 1-70
interchange, which, from what we've been told, probably won't be completed for 10 to 15 years.
In the sad case that we can't stop the development, please get some concessions from Cabela's-Coors
for noise abatement and light pollution. Have Cabela's pay for installing sound walls along the 170
monstrosity from 32nd to Ward Rd And restrict them to install lighting that is in agreement with the
International Dark Sky Association (darksky org). No upward directed lighting and require them to turn off
some or most of the outdoor lighting at night.
Thanks for your attention to these matters,
Rob Williams
2710 Joyce St. (unicorporated Jeffco by Rolling Hills)
Golden, CO 80401
303-215-1871
2/28/2005
Page 1 of 1
Pam Anderson
From: Gretchen Cerveny
Sent: Friday, February 25, 2005 2.49 PM
To: Pam Anderson (panderson@ci.wheatridge.co us), Randy Young (ryoung@ci.wheatridge co us)
Subject: FW. Fairmount Improvment Association letter
Did all of council receive this letter? Didn't see their addresses on the e-mail gretchen
Mayor Gretchen Cervcny
City of Wheal Ridge
7'iOO West 20th ^ ve.
Whcat Ridgc. CO ROO,3
voice 30' 23'i.2ROO
'voice homc 303.23,1506
tax homc 3 (f'.:'3 j 4(,(,R
From: FAndrus@aol.com [mailto:FAndrus@aol.com]
Sent: Wednesday, February 23, 20058:51 PM
To: Gretchen Cerveny; janices@cLco.us; Tim Paranto, alanw@cLwheatridge.co.us
Subject: Fairmount Improvment Association letter
Dear Wheat Ridge Council and Staff
We have collaborated regarding the impacts that we feel that would occur both in Applewood, Wheat Ridge and
Fairmount These were identified and sent to Mr Callahan in the form of this letter We are sharing it with you as
we are sure that you would like to know the concerns that we all face
The attached letter is for you to review We would be most pleased to have your thoughts on not only the
concerns but also the remedies.
We will see you on Monday evening.
Kindest regards,
Flora Andrus for the FIA Board
cflO'ta eft. eftn.cl'tU.!>
Flora A. Andrus
FIA Board President
fandrus@AOL.com, 303-278-8660
2/25/2005
,.
Fairm.ount Improvement Association
FIA
~ -.'" "-
February 21, 2005
Mr Mike Callahan
One Cabela Drive
Sidney, Nebraska 69106
Dear Mr Callahan
Thank you for coming to address our community on February 16th We do appreciate your efforts
to meet With us.
The Meeting: The entire commumty represents more than 10,000 residents. When over 600 people
voluntanly attend such a commumty meeting as yours, on one subject, thiS sends a pOignant message.
Many of those who spoke were attorneys, engmeers, phYSicians and well educated medical personnel,
surveyors, bank VP's, Jefferson County and Coors employees, housewives and retired people, all of whom
have built thiS community, many by literal self sacrifice. Our people, as you can tell, are a very coheSive
group and go to great lengths to protect our commumty
That being Said we have enjoyed the openness of the community partially due to the fact that Coors
owned so much of the valley and mountam tops, which became our trails and open spaces. Our Jefferson
County Open Space program, paid for by our taxes through the voter approved Open Space tax Imtlatlve,
has and IS willing to purchase many of these areas to keep them open. Jefferson County Open Spaces are a
hallmark of tl1lS area.
We certamly appreciate that you want to be a good neighbor That IS our mantra, and thus your
ll1terest ll1 our community IS welcomed.
Traffic Problems: We would like to address the traffic problems. In thiS regard, we are only
attempt1l1g to be mformational. You would expect that the real facts were available based upon the
expertise of the advisors that you retamed. Somewhere there IS a disconnect. Wc are also aware that you
hired the premier Traffic Eng1l1eenng Firm m the City, but we feel that their product does not live up to
your 'neighborly' 1l1tentlOns. Of course, we would certamly rather see your firm come than the proverbial
Walmart. Please mdulge us to tell 'the rest of the story'
I Thc fact is that the 32ml /1-70/Y oungfield Intersection cannot accommodate the maJonty of the
traffic that would be generated by this development. We all know that If this 1l1tersectlon IS bUilt
to the maximum now, there IS nowhere else to expand ll1 the future The fact that thiS traffic
study IS short-sighted is a mild assessment.
2 The comment that the 32110 Avenue traffic will decrease IS pure folly There IS an 'agnculturally
Loned' golf course on 32110 A venue that IS .lust npe for development. There have been proposals
ll1 the wmgs earlier While the current use of this golf course IS a filter for the water to the wells
that proVide the water to make beer, It IS a 'mother load' of gravel Just waltmg for the best time
to be excavated. Once the gravel is removed, then It can be developed mto 'who knows what'I'
The mammgress/egress is 32110 Ave., not only for the hauling of the gravel but any future build
out. lt could also be preserved for the good of the commumty as a park or Open Space.
3 Further, there IS no accountability for the full build out of the valley
4 The Y oungfield/40th A venue tunnel presents more problems than it solves. There IS a dramage
problem ll1herent in this locatIOn. Beyond that, the exit, even on a 4 lane Y oungtield is usage of
a local road that meanders from Colfax (1500) to 44th Avenue (4400) Based on the rule of
FClirmount ImDrO'JpnH--'IlT A,~SC-JI~intif)n
F (I GI-Y 1 ~'q' 1-, ,1 --.Jpn I '(I Rn4rJ,2
,.
Fairmount Improvement Association
FIA
- --" "
thumb that 10 blocks IS a mile, thIs IS .lust a 3-mile long local road. The use of Y oungfield Street
at 38th Avenue or 35th Avenue for the mam egress to 1-70 east IS ludicrous. It would prohibIt
good access to/from 42nd Ave. east of Y oungfield, also
5 There should be recogl1ltlOn that all of the 1l1gress/egress patterns m a City such as Denver must
be Improved before the opening of a facil1ty the size you project. ThIS IS a very important aspect
of being ready to open here, as thiS project as presented does not build new roads, but IS usmg
alterations of the already madequate local roads whIch further detenorates the current LOS F
traffic to G and H. Even m an mtenm, thIS does not serve the local traffic in the dally routines of
hfe. mcluding the safety of our school chlidren.
6 Additionally, the 3 5 vIsItors per vehIcle to Cabela's, whlie not likely m our commul1lty, does
not mention the amount of traffic of the large semHrailers that will bnng the goods to your
'destmation.' We hope that you are very successful, but that means even more del1venes of
goods to sell.
7 Mcintyre Street at Cabela Dnve as well as the potential cut-through traffic on 44th A venue wlil
change the character of life in Fairmount Community. The potential traffic could be staggenng.
(Please see the former FIA letter dIstributed at the meetmg of the 16th)
Remedies: Now, It IS unreasonable to lodge all of these pOSItions WIthout some remedIes. That saId. please
consider the followmg:
The 32nd and 1-70/Y oungfield use needs to be deleted from the Cabela's/Coors entry/exIt pomt,
but kept open for local traffic. It IS m desperate need or upgrading whIch should be
accommodated. TI11S along WIth the 1-70 on/off ramps should also be mamtamed for local
traffic
2. There are several other access routes that should be conSIdered. Could there be a
misinterpretatIOn regardmg the CDOT comments about the Inule/no eXIts to developments'!
Examples of such accesses which do not impact local communities are.
. A Cabela's Drive/Lane at your Wheelmg, West VlrgmIa locatIOn which provIdes dIrect
access to both east and west bound traffic from 1-70
. Focus on the FamIly EXIt off 1-25 m Colorado Spnngs. TI11S might be comparable m sIze
WIth thiS development. The financial obl1gation is largely, if not entirely, borne by the
developer
. Another example IS the Denver West Bridge over 1-70 This is for certam a real example ofa
first class road constructIOn. ThIS was totally paId for by the Denver West effort.
o All of the major roads to The Mlils were m and functlOl1lng at the tIme the Mills was
opened.
o Denver West is bound by agreements with Lakewood and Jefferson County to
maintain the LOS on certam roadways to deSIgnated levels of service. In perpetUIty,
thIS finanCIal obl1gatlOn wlil ensure that there IS not only mamtenance but
preservation or the community We request that such an agreement be mcorporated
mto the Coors/Cabela's pact, otherwise the burden IS borne by the local taxpayers or
potentIally even the Denver West (DW) locatIOns If the Coors/Cabela traftic
overflows to the roads that DW has committed to mamtam and Improve based on
LOS
Fdirmount IrnDrr_ vt:mellt Ass ~ciati<Jn
P () B'l:: 12'-)7 (.Jc,lden r:l) 8\-J4u2
r
FairDlount IJDproveDlent Association
FIA
- -<', "-..
. Delete the 40th Avenue, Youngfield Idea, totally, as descrIbed earlIer
Potential Solutions to the currently drafted Plan:
· Suggested Ingress convert the CH-58 W exit from 1-70 W to become a splIt eXIt. The CH
58 eXit should continue but a splIt could be accomplished by a southerly fly over directly to
your site. This would keep traffic out of any commumty
o An example of this is the ramp from Wadsworth Blvd. that has both a ramp to I-70W
as well as an easterly fly over to I-70E.
o A good example of keepmg the traffic out of the commumtles is exhibited by the
Coors Tech Center At the time ofplanmng their development, they agreed with the
Commumty that no trucks would travel mto our commumtles. They have abided
accordmgly, to thiS day. We are certamly appreciative of their commitment.
. Preferred Alternative for Ingress/Egress - Develop an access from the proiect at CH 58
at approximately Eldridge or a bit east of there for an ingress/egress to and from the
facility to 1-70 E by the current CH-58 fly over that is the current access to 1-70E
. Imperative - Implement the already planned 1-70/CH 58 Interchange functions,
particularly the CH58 to WB 1-70. This will accommodate the egress to 1-70 West.
($1. 75M Itas been appropriated for improvements to 1-70 & State Hif!hwav 58 tltrouflh tlte
Omnibus Bill.)
. The basis for I11gress/egress directly to the hIghway should be determined by the amount of
traffic generated from that source. If 65% of the tratIic IS generated from out-of-town
rather than local. the freeway traffic should adequately accommodate that same volume of
traffic, off sIte so that It does not enter our locale.
. These are suffiCient possibilIties which are potentially much better than has been
Implemented to date.
Just two questIOns.
. How could It be that there Will be about 24,000 VTD on weekdays and 34,000 VTD on
weekends stated 111 the Traffic Study and the Cabela's presentation slIde stated only 313/331 ')
(VTH) per 10 hour day Isn't it more like 3,000 VT per hour If you use 10 hours per day')
. Is the documentatIOn correct that 18 M is deSignated for Highway and Road constructIOn') The
antiCipated 'real' cost of approprIate highways and roads is estimated to be at least tWice that
amount, If not thnce that amount. Is thiS a correct understandmg')
Thank you for your time and effort regardmg the concerns of our cItizenry We offer these concerns
and remedIes for your conSIderation and trust that the final draft wIlll11clude the needed changes to protect
our way of lIfe. our property values and our communities. We also wish you every success in the project.
Regards,
qWr.a <ft. <ftl1ci'C~
Flora A. Andrus
PreSident FIA
Fairmount lmDrovempnt Association
P U BCI}: 1~g7 l~,~.lrjen en i-~r)4n~
Feb 26, 2005
Dear Mayor, City Council and Community Development,
My name is Ron Scott My parents moved to Wheat Ridge 25 years ago when I was 1 year old. Therefore,
I've lived here most of my life I am a volunteer Firefighter for the City and I purchased my own home
here last summer, 4570 Flower St I feel this long term residency and commitment to my community
qualifies me to state my opinion on issues concerning my City
I would like to express to you how excited I am to have Cabela's interested in building in our area. It is
something that will certainly put Wheat Ridge on the map. I can see nothing but good, for our City and the
surrounding area coming from this I hope that you will remain strong in your decision to do something
beneficial for Wheat Ridge. There are many people that can't wait for the store to open.
The positive results of this development far out weigh the traffic issue. The main concern should be of
the many; not the few I understand that a large development like this is bigger than anything Wheat
Ridge has ever had to consider It will most certainly bring in traffic, this traffic will bring in people,
these people will bring in money, and this money will help to recoup the losses from our City's reserve fund.
I definitely understand the traffic concerns 32nd & Youngfield isn't the only intersection brimming with
traffic. We have the same concerns at Kipling and I-70 near my neighborhood. That intersection has one
of the highest accident rates in the City, yet a Super Target is going in right up the street There is also
someone looking to develop the vacant land just south of the highway on the east side of Kipling I am not
saying that the traffic issue surrounding the Cabela's development should be ignored, but it most certainly
can be resolved. Traffic issues are the main concern whenever there is change. Everyone is focused on
the one entrance, the proposal shows three routes into and out of this development There is a solution
out there.
If not Cabela's; WHAT? We certainly don't need to take such prime land and turn it Into another park, or
some type of development that does nothmq to support the Wheat Ridge tax base. We have the car
dealerships, the hospital, industrial parks, mini storage areas, Kaiser, and more City parks than we can
maintain. These things are good, but they bring in minimal to no revenue. Let's bring something TO Wheat
Ridge that will DO something FOR Wheat Ridge Cabela's is such a high class business Look at what the
alternatives might be, a car dealership (like Med-ved) with their lights glaring and paging system echoing
through the evening for a salesman to come to the office etc. That's what can be heard from my parents'
house over a mile away on a summer night when the windows are open. So, know that there could always be
(most likely will be) something worse, if not Cabela's
There is so much at stake with this development .not just for the City, but what it will do for the State
etc. I just wanted you to know that there are many people excited about Cabela's coming here. But, as
always, it is the squeaky wheels that get heard For every negative call you get, there are many, many
more out there that see the good that will come from this The approx. 33,000 residents you haven't
gotten calls from are the ones you should be hearing Many of the past Councils had a hard time seeing
the BIG PICTURE and look what happened to the City's revenues, not this Council, I hope.
Thanks for taking the time to read my letter
Ron Erik Scott
Q~
February 28, 2005
Mr & Mrs. Marc Shutto
4565 Flower St.
Wheat Ridge, CO 80033
To Whom It May Concern
This letter is in reference to the upcoming annexation and development for Cabela's. We are writing in
absolute favor of this project. Not only will this development be a bonus for the City of Wheat Ridge with
tax revenue and jobs, it will benefit, the State of Colorado, the surrounding cities and their retail centers,
tourist attractions & hotel/motel accommodations, grocery stores, even the auto sale/repair industries in
the surrounding area, etc
I have been in Wheat Ridge over the last 32 years and my wife for the last 25 years Five and a half (5
%) years ago we purchased a home here to raise our family We have seen the results of past councils
wanting to keep Wheat Ridge as an "agricultural/rural area" We've seen large businesses build
elsewhere because of past councils stipulations put on projects Reasoning such as our previous
councils has only hurt us as a community We are seeing the result of such reasoning now with
job/project cuts and the lack of revenue generated from our vastly residential (approx. 45% rental),
industrial park, mini-storage lots, car lots, a truck stop, "future" parks that are currently mowed weed
fields, maintained parks and vacant or partially-used prime development locations Wheat Ridge is
overwhelmed with non-revenue generating properties, and has no "real" Economic Development
Department in place to serve its City by finding those large revenue generating projects and "selling" them
on our City
If you have ever been to a Cabela's location, you would know that they are a developer of high standards.
They pride themselves on their buildings both exterior and interior, and what other developer are you
going to find that has education on its list of priorities. (Cabela's could be considered a mini-wildlife
museum, with its wildlife in habitat displays, beautiful sculptures, aquariums, and much more). They
provide educational shows for outdoor events on a weekly basis and are a wonderful shopping outlet for
the many hunters and outdoor recreation folks that flock to "Beautiful Colorado"
We can understand the neighbors concerns about traffic; however, we too have traffic issues between
Kipling and Wadsworth on 44th Avenue during rush-hour (or any time there are accidents on 1-70).
Anyone who moves near an interstate has to realize that with an interstate, comes traffic. Yes, this is
going to be a very large development, and yes, it will create larger amounts of traffic. However, there are
going to be multiple access points into the development (not just 32nd and Youngfield), and traffic issues
can and will be worked through It just takes time
We, as a community (and the neighboring communities), need to realize the benefits of this development.
That area will be annexed and someone will develop it. We, for one, would rather have a developer that
pride's themselves with ni~e looking buildings, landscaping and sculptures There would also be massive
benefits to not only the City's tax base, but the State tourist attractions, and it will provide more jobs for
our family, friends and neighbors; as well as providing quality educational values.
Cabela's have proven themselves as a great tourist attraction (and where better than at the base of the
Rockies in Wheat Ridge, Colorado), not to mention a company that brings in a TON of revenue
(especially to a small community like ours) Please do not do as previous Councils have, and let this
wonderful opportunity pass us by We hope that you will follow through with what is BEST for our
community in accepting this developer Traffic issues, as we've said, will be taken into account and
worked on over time
Sincerely,
/Jl~ f 7/? 2 .L. '/fa ~0 ",c1&&6
Mr & Mrs Marc Shutto
Page 1 of 1
Pam Anderson
From: Mohammed Alief [mhalief@msn.com]
Sent: Monday, February 28,2005321 PM
To: Pam Anderson
Subject: Cabela Development
Dear City Clerk,
I believe the Cabela project is worthwhile and would like to express my support for it. I am sorry I
will not be able to attend the hearing tonight, but express my support for the project bye-mail.
M. Hassan Alief
P.O Box 926
Wheat Ridge CO 80034
(303) 463-1973
2/28/2005
Pam Anderson
From:
Sent:
To.
Subject:
Frank Sandoval [frank.sandoval@partners.mcd.com]
Monday, February 28, 2005 3'19 PM
Pam Anderson
Cabellas Hearing
T am unable to attend 1n person, but am ln favor of the Cabellas plan to locate 1n \XTheatIudge on
Youngficld frontage road.
ObvlOusly I am blased on the \X'endys on 3000 Y oungficld, but behve we need to consider
wldemng Y oungfield to accomodate the addltlonal volume of traffic generated.
Prank Sandoval
3000 Y oungfield, Smte 320
Whcatludge Colo 80215
Phone: 303-232-3390
E- Mali frank.sandoval@partners.mcd.com
Feb 26, 2005
RE. Proposed annexation and Cabela's
Dear Mayor, City Council and Community Development,
The annexation and proposed development (Cabela's) to the west of Interstate 70 is a once in a life time
opportunity for Wheat Ridge. Please do not spoil this golden opportunity for our City by letting the vocal
MINIORITY influence your decision. If the Council allows this opportunity to pass us by, I fear we will
NEVER have another chance like this again.
I've lived in Wheat Ridge for 25 years and have watched previous Councils talk about how they are pro
business and pro development, just to watch these same Councils put such demands on potential
businesses that they would look elsewhere to build (ie Pace Warehouse - now Sam's Club) We cannot
continue to survive on the tax base from our few grocery stores, Walmart and Applejacks, as we have
witnessed these past two years by the many programs that were cut from the budget and the layoffs of
approximately 35 employees.
The people opposed to this development have to look at the big picture and see that it is not only good
for Wheat Ridge; it is also good for the surrounding cities, the State and the Region. The tourists alone
that will be drawn into the area by this store will benefit motels, stores, historic sites, gas stations,
restaurants, etc., far beyond the Wheat Ridge boundaries. They aren't going to drive all this way just to
go to the Cabela's and then drive home They will tour the area and the State. Yes, including Mr
Stevenson's Colorado Mills, Golden's historic downtown, Buffalo Bills Grave, Heritage Square, Coors, the
good 01' Rocky Mountains, etc. etc. etc.
I agree there are traffic issues to be resolved, but aren't there always traffic issues to deal with in a new
development. I have complained myself about the developments that have come into my neighborhood
since we moved in. They happened anyway and life has gone on. People have to realize that the world
does change. The traffic issues will be looked at and they will be dealt with. Wheat Ridge is unique with
Clear Creek dissecting it. It leaves a City with not a lot of "through" streets, this alone causes traffic
problems. I live close to 1-70/Kipling. When an accident occurs on 1-70 (which is getting to be almost
daily) cars exit and fill our streets lookin~ for a faster route home, 44th Avenue, Kipling and Wadsworth
get bacrtup as far north and south as 26 and 58th Avenues. At these times, it is impossible to get from
my neighborhood onto 44th because traffic is backed up so far and that is the only way out of my
neighborhood. 32nd & Youngfield is NOT the only high traffic, busy intersection in the area. You think
the Super Target at 50th & Kipling isn't going to increase the traffic; but it is getting built as you read this.
This opportunity is too big for the City Council to not do everything possible to make it happen. We know
there are traffic issues and they will be resolved; maybe not in the blink of an eye, but in time. I say
again, don't let this opportunity escape!!! These people have to know that living so close to an Interstate
means there might be traffic in the area.
Cabela's is a unique business. They have a wildlife museum, aquariums and many educational items.
They are a store that takes pride in the "look" of their building; inside and out. How many shopping areas
include a lake? If not Cabela's, there will be something going into that space. I, for one, don't think
Wheat Ridge needs another industrial park with rows of warehouses or maybe a bunch of mini storage
units (that contribute zilch to the tax base.) I don't think that's what the neighbors want to look at either
But, they need to resolve themselves to the fact that something will be there and it might as well be a
nice looking building with decent landscaping.
Ronald E. Scx:ltt
10620 W. 46th Avenue
,// <
xi'e-
The benefits are too great to let (minority win.
(
.~/./' c.,/ - J
/(.>_~. ~ \ ,\.- ~(L/!k
17.. < . - \
~
It is time for the SILENT MAJORITY to be heard.
Sincerely,
1.....-
From. Geoffrey Wodel!
Page 1 of 1
~ AM
c~. Worldnet
[f'rlilt] [ei:",,]
From:
To
Subject.
Date
"Geoffrey Wodell" <nyveg@juno com>
gc.cac@att.net
Re Cabela's
Mon, 28 Feb 2005 20 16.41 +0000
Carl--
While I unrlRrstand that tile Council can not allow read testimony from people not present
at Public Hearings, I felt that the Cabela's issue is too important to Wheat Ridge fc,r me
to be silent As a Wheat Ridqe resident who does a great deal ot work in Golden, I want
to say that the Cabela's projRct is recognized as a boon for the entire ~rea, not ju~t
\~heat Ridge Its importance to Wheat Ridge can't be overstated. The citizens will
realize continued services (with the possibility of an increase in services)
Non-residents will experience better support through their use of Wheat Ridge amenities
(roads, businesses, etc). This project i~ the most important Wheat Ridge project in years
and must be approved and supported
Geoffrey Wodell
303.423 0234
'IThe business of culture is tun!"
http.//webmail.att.net/wmc/v/wm/42237CF7000 1 B84D0000246D21603 762230COEOCD20C09?cmd=
2/28/2005
FULLER
R I- "\ L F S T -" T E
FULLER
~-~-------
f{ r \ [ f- 'l j \ I f
Esther Kettering
Vice Pre'.lidf'nt
One Park Central
1 S 15 ",rdpahoe Street, Suitp ] 200
Denver. CO 80102
Direct JOtlll.427a
Office 303.2Q,U70Q
Fdl( JOJ.5H.82/0
ekf'lIf'ri ng@fullprLOmp;mV,(om
February 24, 2005
The Honorable Mayor Gretchen Cerveny
Members of City CouncIl
CITY OF WHEAT RIDGE
7500 W 29th Ave.
Wheat Ridge, CO 80033
\\ \\ \\ .tullercoll1pan\r .com
fie ,jJ1J1l'xation and Re-zo/ti/tg of Proposed Cabela 's Site
-~~
----h- J ._
-----_._-_.~~--_._._--'"-_..__._-----
Dear Honorable Mayor Cerveny and Members of CIty Councll
TIllS letter represents our opumm and that of several of our cllents, many owmng
property wlthll1 the City of Wheat Ridge. We request thiS letter to be entered Into the
rccord ofthc Publlc HearIng scheduled for Febmary ~8, 2005
Wc belIeve the additIon ofCabela's wlll bnng great economic and commumty
ennchment to the cItIzens of Wheat Ridge and those In surroundIng areas. The
posItIVe economic Impact on the entIre corridor IS expected to be enom10US. After
thorough review of the Cabela's submIttal package to the City, we support the
proposed Cabela's project.
We understand the most slgmficant concem of many m the commumty IS the added
traffic an actIvity center such as Cabela's will bnng to area streets and highways,
some of which are already over capac!tl With traffic and under-Improved.
SpecIfically, the intersectIOn ofW 32" at Y oungfield IS a problem and has been for
several years. ThiS Will contmue to be a problem and will mdeed worsen Without
Cabela's.
The fact IS, WIthout the Impetus of the Cabela's project, there IS no means to Improve
the already poor road SituatIOn. Cabela's, With the gUIdance of Wheat RIdge CIty
offiCials and staff, will be the dnvmg force to proVide the much needed traffic
Improvements.
c/!~~
We encourage approval ofthe annexation and re-zoning, Il1corporatll1g necessary
road Improvements mto the project, whether accompllshed by a developer's
Improvement agreement or funded by the City through sales tax Il1crement.
Esther A. Kettering
Vice President
303 3124278
Kittie L. Hook
Vice President
3033124265
One Park Central
1515 Arapahoe Street
Suite 1200
Denver. CO 80202
Office 303.292.3700
Fax 303.534.8270
www.fullercompany.com
Page I of I
Pam Anderson
From: Debbie Meixner
Sent: Friday, February 25,20058'18 AM
To: Randy Young, Pam Anderson, Alan White
Subject: FW Cabela's
FYI
From: richardhealyl@comcast.net [mailto:richardhealyl@comcast.net]
Sent: Thursday, February 24, 2005 10:39 PM
To: Debbie Meixner
Subject: Cabela's
Hello,
I am writing to express my opinions concerning the new Cabela's development.
I am deeply concerned that the proposed roadway Improvements are woefully
1I1adequate to support the planned 1I1crease m traffic, and I urge
the CIty CouncIl to withhold approval of the
project untIl a v13ble traffic plan IS presented.
I live wlth1l1 a mIle and a half of the Youngfield and 32nd mterchange
Over the last 15 years, there has been a dramatIc increase m traffic
at that mterchange. Indeed, the present deSIgn seems (at least to me)
to be 1I1capable of handl1l1g the current amount of traffic The added
traffic due to Cabela's seems like Just a total mghtmare.
The recommended roadway Improvements seem like a .loke. Widen Y oungfield')
How') There's sImply no room there. Expand 170 exit ramps') Yes, thIS can
be done for west-bound 170, but for the east-bound lanes there again IS no
room to accomplish this (unless you want to knock down DaIry Queen!)
Widen 32nd') ThIS would be mce, except what do we do about the 170
overpass') That's the whole bottle neck, funny how something like that
can he Ignored 111 the traffic report. The seventy of these issues
cast doubts about the credIbIlIty of the entIre report.
Personall y, I don't see any way that the Y oungfie ld and 32nd interchange
could be modIfied to accommodate the planned 1I1crease in traffic
Maybe I'm wrong, but I don't th1l1k the CIty CouncIl should approve any
part of the development untIl the traffic Issues are settled.
Don't get me wrong. I have done a lot of business with Cahela's over
the years, It would be great to have them open a store 111 our commumty
But thIS development plan needs a lot more work.
How about makmg the ma1l1 entrance off of Highway 58? ThIS mIght tIe
111 well WIth the planned NW parkway
Thank you,
RIchard W Healy
2570 Robb St
Lakewood, CO 802 I 5
2/25/2005
18 February 2005
TO: Wheat Ridge City Council Members
7500 West 29th Ave
Wheat Ridge CO 80033
FROM: Dr Daniel H. Knepper
14040 W. 25th Place
Golden, CO 80401
gt_lt4~j ;r<-
Dear Wheat Ridge Council Members,
1 have lived in the Golden area for over 35 years, and in the Applewood area for 26 of
those years. I attended the previOUS two presentations by Cabela's on 9 and 16 February
concerning their plans for a massive retail development in the area of the old gravel pit in
the vicinity of the I-70/CH 58 interchange m unincorporated Jefferson County. I listened
to many of my neighbors express valid concerns about the project, especially the traffic
increases, pollution increases, and the apparent attempt to fast track the project with
minimal public input. It was very disconcerting to realize that the traffic study was
grossly incomplete, that the pollution increases associated with the movement of an
increased volume of traffic through the area had not been considered, that Cabela's
planned to move forward without any certainty that improvements to the I-70/32nd , 1-
70Noungfield, I-70/CH 58, and 44thNoungfield intersections, which they felt were
absolutely essential, would ever be undertaken.
The tenor ofCabela's presentations was that they were going to bring commerce and jobs
and a better economy to the area. Though their intentions may have been good, Cabela's
has seriously misunderstood the demographics of this residential area. I and my
neighbors live here because we value the suburban and rural-like atmosphere we have
created over the years. Weare not a depressed area in need of revitalization. To the
contrary, we are quite affluent and will not hesitate to use our financial and political
resources to keep this area from being urbanized. Perhaps the City of Wheat Ridge has
misread the demographics of this area as well.
It is clear that Cabela's was not prepared to go public with their plans or was not
expectmg an mformed public to question their plans. At any rate, it would be grossly
premature for the City of Wheat Ridge to annex this property and grant a Special Use
Permit at the 28 February Council meeting. As one of my neighbors at the last meeting
put it, Cabela's is not even close to being ready for prime time, and it would be
irresponsible for the City of Wheat Ridge to allow them to move forward at this time.
Perhaps Cabela's can find solutions to the major obstacles in their current plans with
more complete study Or perhaps Cabela's has just made a large mistake in evaluating
how they fit into this area.
To Wheat Ridge Council Members,
February 23, 2005
In your meeting on February 28, you are set to petition to annex the
property which Cabela's has purchased. We ask that you strongly reconsider
this proposed petition. While you might gain a large tax base, you will lose
tax base in other businesses now within your city limits. The so-called study
showing improved traffic flow after road and intersection changes are made is
overly optimistic, at best.
Those of us who live in the Applewood-Golden area, as well as
Fairmount, and who shop at King Soopers, Applejack, Wal-Mart and other
businesses at W. 32nd Ave. and Y oungfield, will most certainly find other
shopping venues. We'll have no choice but to do that because traffic on W.
32nd A venue and Y oungfield will be a gridlock nightmare.
The 1-70 exit on W. 44th Ave. and Ward Road will likewise become a
dangerous place to negotiate. Your own Wheat Ridge citizens will suffer
major traffic problems on 44th and 38th A venues. Kipling Street may
become even more crowded as visitors to Cabela's seek new routes into
Cabela's. We in Applewood will have similar problems as drivers will use
neighborhood streets as through-ways.
There is also the matter of Cabela's Drive emptying onto 32nd Ave.
just west of the Break Place, Country Cafe and La Quinta. Cabela
representative, Mr. Fasching, mentioned afive-Ianeroad there. There is
scarcely room for a three-lane road and it would be dangerously close to the
Manning and Maple Grove schools.
Proposed "access" points to Cabela's cannot be finished by the summer
of 2006 and may never be implemented if CDOT and Federal Highway
transportation authorities find these improvements untenable and hugely
expensIve.
A more measured approach which includes realistic planning and
cooperation with Arvada, Fairmount, Applewood, Golden, Lakewood, Jeffco,
CDOT and the Federal Highway transportation authorities would make a lot
more sense than the fast-track, poorly planned scheme currently in place.
The increased sales tax revenue may not be worth the hassle associated with
the opposition to the the current pla~. / / /) A.
/~J~~ .
Hugh and Rachel Zeiner ~
Applewood Homeowners
/cc: Mayor Gretchen Cerveny
Page I of I
Pam Anderson
From: klpa@comcast.net
Sent: Sunday, February 20, 2005 546 PM
To: Pam Anderson
Subject: FW Cabela's
Pam. please reply with letter of QuasI. .and place III tile for other councillors review at the appropnate
time. Thanks. .so much
m__mnm_ Forwarded Message __nnnnnn
From. "Matt Ratterman" <mratterman@comcast.net>
To <klpa((1}comcast.net>
SubJect. Cabela's
Date Fri, 18 Feb 2005 19 13 41 +0000
Karen -
I remember seeing and talking with you ten years ago or so, when our daughters were
playing sports at Wheat Ridge High School. My daughter, Kelly, graduated m 1996
For this letter, I am writing to you in your capacity as a member of the Wheat Ridge City
Council regardmg the Cabela's development.
I have attached a copy of an e-mail I sent yesterday to government and media officials,
mostly outside of Wheat Ridge, reflecting my opinions after the neighborhood meeting
on Wednesday the 16th at the Denver West Marriott. I intended to send this to the
Wheat Ridge City Council, but the link I had (janices@ci.wheatndge.co.us) did not
work.
Please take the time to review my comments. I think they reflect those of many people
(living much closer to the proposed site than most Wheat Ridge residents) who do not
oppose the Cabela's development in principle, but are justifiably concerned about the
specific plans, tactics and timetable for this project.
Matt Ratterman
2/21/2005
Page I of3
Pam Anderson
From' Matt Ratterman [mratterman@comcast.net]
Sent: Thursday, February 17,2005649 AM
To: marge klein@mail.house gov; governorowens@state co us, directortomnorton@dot.state.co us,
commish1@jeffco us; commish2@jeffco us; moe.keller senate@state.co us;
gwyn.green.house@state co us; cherijahn.house@state co us; nneelan@jeffco us;
diane.cavaliere@dot.state co us, Pamela.Hutton@dot.state co. us; Gretchen Cerveny;
janices@ci.wheatridge co us
Cc' openforu m@denverpost.com; letters@rockymountainnews.com, newsroom@jeffconews.com,
theresa _ marchetta@thedenverchannel.com
Subject: Cabela's in Wheat Ridge
I am an Applewood resident living in unincorporated Jefferson County On February 16,1 attended a
"neighborhood meeting" in which Cabela's presented a summary of their constructIOn plan and traffic study
Like many in the room, 1 was disappointed to hear the followll1g from Cabela's reprcsentatlves
The traffic study was based on the following assumptions.
. Thc average number of occupants per vehicle visiting Cabela's will be 3.5 While this may be a realIstic
number for eXIsting Cabela's sites located in rural areas, it is a ridIculous estimate for an urban retail
location. In actualIty, the number of occupants per car is likely to be half the estimated number and thiS
oversIght could double the ll1creased traffic.
. The traffic study's projections for 2007 depend on the existence of a ramp from eastbound Highway 58 to
westbound 1-70, a project that Cabela's acknowledged IS unlikely to be completed by 2007
. The traffic study contemplated traffic flow resulting from low-density commercial development in adjacent
areas owned by Cabela's and Coors, while the proposed development plan would allow other high-density
anchor tenants with high traffic potential, as are found at many recent Cabela's developments.
. A tunnel to be built underneath 1-70 at approxImately 40th A venue, connectll1g Y oungfield to the
development, will absorb much of the traffic 111 and out of the development, although the traffic studv
admits COl1structioll of the tUl1l1el maVllot he feasible
. All infrastructure improvements at the 1-70 eXits at 44th / Ward Road, and 3211(\ / Y oungfield, as well as the
Improvements on 32nd, Youngfield, Mcintyre and the new Cabela's Drive connectll1g 32nd to Mcintyre,
will be completed before the store will open Cabela's allows just over one year to complete all these
gargantuan projects, from theIr anticipated zonll1g approval in May, 2005, until the store opens during the
summer of 2006 Cabela's unrealIstic expectations are made at the expense of neighbOrIng families.
The traffic study did not consider the following:
. The proximity of an elementary school and a middle school to the development's main access point.
. Any pedestrian statistics whatsoever The traffic engineers did not measure pedestrian traffic in this
residential community, even from the nearby schools.
. The major disruptive effect on the residential community that will result from super-sizing 32nd A venue
. I ncreased congestion on Y oungfield south of 26th A venue, on nearby residential streets, and how or where
2/21/2005
Page 2 01'3
such congestion wIll dIssipate
. Increased traffic from future development along Clear Creek outside the mllIal development area.
. Adequate alternatives with less Impact on residential areas, such as primary access from the exit at 44th and
Ward, or a radIcally reconfigured eXit serving 32nd and Y oungfield bypassing most neighborhoods.
Instead, Cabela's offered the followmg "soothing" statements:
. The already-overburdened mtersection at 32nd and Y oungfield will be made "better" by widening the street
and dramatically mcreasing the number of cars passing through there Tell that to the parents of the first
child hit hv a car hecause she was notfast enough to get across five or six lanes to a "safe.' sidewalk
underneath the 1-70 overpass.
. The Cabela's development could be a "conduit" for additional highway modIfications, including the
connections between 1-70 and Highway 58 This could amount to a "conduit ...Iiir the Northwest ('orridor
project to run through the heart of Applewood.
. The store will not open until all major mfrastructure construction IS completed. Withinfifteenminutes of
making this statement, Cabela '.I' hacktracked and admitted the Highwav 5N to J- "0 ramp wi/lnot like Iv he
in place hv the store '.I' colossal grand opening Their traffic report slates that traffic/low through a tunnel
under 1- 7() is speculative at hest.
. Finally, and most offensively, Cabela's recited theIr mantra that they want to be "good neighbors." Thev
have used this line repeatedlv over the last several months, during which time the v have heard mvriad
complaints and alternative suggestions. vet stayed the course with their development plan. If someone was
determined to invade your comlllunitv and transform itfrolll a quiet neighhorhood into a bustling
commercial hub despite vour protests and when alternatives abound. would vou hreak out the "good
neighhor" award.)
Many area residents object to any development of the natIve habitat. Many more recog11lze that some
development is mevitable, but hope to preserve the character of the Applewood community to the greatest extent
possible through sensible and sensitive planning. Cabela's does not appreciate this community focus. Its
disregard for reSIdential neighbors, its resoluteness against alternatives, and the complicity of the Wheat RIdge
municipality that is desperate for tax dollars come together in a perfect storm With the potential to reduce the
quality of ltfe m a unique pocket of the Denver area.
On February 28, Wheat RIdge will vote on the proposed annexation as well as a special use permit to allow site
preparation If both are approved, Cabela's mtends to begin grading work in March. DespIte ItS stated desire to
consider alternatives, and pleas from its new "nelghbors" to slow down, Cabela's is on the tast track to break
ground and move forward. Once the project begins, it will become more dlftlcult every day to force Cabela's to
adjust Its plans.
Do not let this happen Force Cabela's, Coors and Wheat Ridge to adjust their tllnetables, conSIder reasonable
alternatives and mmimize the needless negative impact on our homes.
Matt Ratterman
2/21/2005
Page 3 of 3
2072 Coors Dnve
Golden, CO 80401
303-278-3847
No virus found in this outgoing message.
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2/21/2005
Page] 01'2
Pam Anderson
From: klpa@comcast.net
Sent: Sunday, February 20, 2005 5 52 PM
To: Pam Anderson
Subject: FW Cabela's
Pam. .not sure who forwarded this from Klammer to me Hope It is in file Karen
mmmum Forwarded Message mu_muu_
From. "Carol Duran" <cJduran(alJ11sn.com>
T 0 <TheKlammers~blgfoot.com>
Cc <khberry26((l),hotmatl.com>, <)errydltullio@comcast.net>. <kl pa@comcast.net>
Subject: Cabela's
Date Wed. ]6 Feb 200520'03'03 +0000
Pete,
I will be unable to attend Monday's Feb 28th, city council meeting
My questions to the council if I were able to attend are,
(1) What is the level of concern over the obvious increase in all levels of
pollution?? (Air, Water, Trash)
(2) Do we really want to increase our tax revenue at the expense of our
health?
The kind of traffic projected will make breathing for the elderly, children,
everyone, more difficult.
I don't think Wheat Ridge needs to be known as the dirtiest city on the
Front Range.
(3) City council should fix what is in my estimation one of the ugliest strip
malls in Colorado.
The corner of 32nd Ave, 38th Ave & Youngsfield could stand an
architectural redo. Council's projects have shown very little aesthetic
beauty.
The most recent example is the neon sighs welcoming you to
Wheat Ridge at 38th & Sheridan. (Tacky)
(4) Quality of life does not come in the form of more cars, more people, and
more stuff.
Quality of life comes from good neighbors, family, friends' schools,
health and a beautiful and safe environment.
Thank you and if you could take my concerns with you on the 28th I would
appreciate it.
2/21/2005
Page 2 of2
Carol Duran
2/21/2005
Page 1 of 2
Pam Anderson
From: Gretchen Cerveny
Sent: Saturday, February 19, 20052:00 PM
To: Randy Yaung; Tim Paranto; Pam Anderson
Subject: FW Cabelas
Mayor (,retchcn Cerveny
( it: of Wheat Ridge
7500 \\-est 29th ^ Yr.
Wheat Ridgc, CO 80033
voice ,03.235.2800
Voice homc 303.233 1506
fax home 303.233 4668
From: Julia [mailta:mymabrica@camcast.net]
Sent: Saturday, February 19, 2005 11.48 AM
To: marge. klein@mail.house.gov; gavernorowens@state.ca.us, directartam nartan@dat.state.co.us;
commish l@jeffca.us; commish2@jeffca.us; moe. keller .senate@state.ca.us; gwyn .green. house@state.co.us;
cheri .ja hn. house@state.co.us; n neelan@jeffco.us; diane .cavaliere@dat.state.ca.us,
Pamela.Hutton@dot.state.co.us; Gretchen Cerveny; janices@cLwheatridge.co.us
Cc: openforum@denverpast.cam; letters@rockymountainnews.cam; newsroom@jeffcanews.com;
theresa_marchetta@thedenverchannel.com
Subject: Cabelas
I am an Applewood resident and our family has lived here for more than 8 years This is a
unique community in many ways, not the least of which is the rural feel we have fought hard to
preserve for future generations
We, as a community, have had several encounters with developers who would like
to "improve" the quality of life in this area. Cabela's is no exception They propose that they
will be "good neighbors" They suggest that expansive "improvements" to local roadways and
major development of existing open space is in the best interest of the local community They
imply that they will be "good neighbors" to the surrounding community Wheat Ridge plans
annexation of the land in question on February 28 land which currently rests in
Unincorporated Jefferson County, where I live
How arrogant of Cabela's and Wheat Ridge to propose that a more than twofold increase in
already congested traffic is an improvement to the area How arrogant of them to imply that
the only way to get road improvements at 32nd and Youngfield is to build a 530,000 square
foot shopping extravaganza (not including parking and overnight facilities), the main entry
within a block and a half of two public schools and countless private residences How arrogant
of them to suggest that we, who fought so hard against Nike to retain open space atop Table
Mountain, should desire to see dead, stuffed versions of our wild White Tail Deer and Coyote
in a "museum like" atmosphere How arrogant of them to think that the community should
embrace their "good old boy" attitude, while they operate with bulldozer mentality, forcing many
in the community to erroneously assume that this is somehow a "done deal"
I am affronted I am also a voter
2/21/2005
Page 2 of2
It became glaringly apparent at the recent public meeting regarding Cabela's traffic that both
Cabela's and Wheat Ridge somehow failed to let COOT in on their plans It is also apparent
that both Wheat Ridge and Cabela's are not interested in the "good neighbor" moniker If they
were, they would locate in an area which can accommodate the amount and type of projected
traffic without upending the local community.
In Applewood, through the efforts of many dedicated neighbors, we have managed to retain a
little of the rural feel of Colorado The very thing so desirable for those who look at our area in
terms of dollars to be made. I am exceedingly proud of the community in which I live and I will
continue to advocate for sensible, reasonable and well planned improvements to our area
Sincerely,
Julia Mulligan
2998 Kendrick Street
Golden, Colorado 80401
303-278-9475
mymabrico@comcast~net
2/21/2005
Page 1 of2
PatriclA :: Fraur
13161 W. 2!Hfi. Aw.
GoC4m. CoCma4o 80401
On January 1Oth,2005, I found a a flyer in my front door announcing a meeting the following evening at
Manning School. The school is a block away from our house on Alkire Street. My husband and 1 attended the
meeting and were, first of all, amazed at the turnout of neighborhood folks
I realize I have no legal power in trying to express my frustration at the plans both Coors and Cabelas have in
destroying the Applewood area because my address is unincorporated Jefferson County But my concem is real
as are the concerns of others in our neighborhood.
We may have been misled by the flyer received because it said we would be learning about how the traffic
congestion was to be handled. Such was not the case We were lectured only about the tremendous earth moving
that Coors would undertake to make the building of the new shopping area, this under the guise that Coors was
obligated to do to the excavation whether Cabelas was developed or not. Really how stupid do you think the
public is? I'm sure that Coors would not undertake such a step unless it was financially to their advantage I'm
sure the $$$$$ that will benefit Coors and the increased tax revenues to Wheat Ridge blind the planners to go
ahead and build first and worry about traffic later
Most great undertakings in our society are motivated by greed and seldom are the needs and concerns of the
surrounding community taken into account.
Traffic on 32nd is already horrendous when Maple Grove and Manning Schools let out. Then Coors
employees jam 32nd and the unsyncronized stop lights at Alkire, 1- 70 and Youngfield create tremendous
congestion.
Can't you admit that the cart has been put before the horse???? What about the safety of the children going to
and from school? Has anyone taken into account the residents of the Applewood Area who up to this time have
enjoyed a reasonably accessable and quiet neigborhood. Certainly an access off of 32nd Ave will only add to
the already serious traffic snarls. Please consider other alternatives, perhaps a bridge off of 44th opposite the
Cabela location.
I realize my objections as a resident of Applewood will not bear weight when dealing with two money hungry
corporations and the City of Wheat Ridge, but 1 felt it my duty to express my dissatisfaction with the apparent rush
to build before the accesses have been carefully planned. I trust the discussion tonight at the Marriott will give
evidence that deeper thought has gone into the traffic problems.
Yours,
C?~ fj J~
Patricia Y Frazer
file://C \Documents and Settmgs\Patty\My Documents\Traffic.html
2/16/2005
".
JULIEANN KIMBALL NESPOR
3160 ZINNIA COURT 05 FEB /4 MIll: 5r
GOLDEN, COLORADO 80401
(303) 278-2578
kn pc@qwest.net
February 9,2005
.cr-.Member Karen Adams
CITY OF WHEAT RIDGE
City of Wheat Ridge-Municipal Building (City Hall)
7500 West 29th Ave
Wheat Ridge, CO 80033-8001
Re: Cabela's Traffic Proposal
Dear Councilwoman Adam:
We are the parents of a student at Maple Grove and it is our strong hope that our son be able to attend The
Manning School in the future. Moreover, we reside at 3160 Zinnia Court and will be terribly and adversely
impacted by the traffic changes proposed in the Cabela's Traffic Impact Study We are writing to ask your
involvement and assistance in changing the primary entrance of Cabela' s from 32nd and Y oungfield to a
more appropriate site. We am extremely concerned about the safety of our children.
Moreover, we are appalled that we, as residents of Golden and unincorporated Jefferson County, will be
impacted in such a serious and devastating manner by the desire of Wheat Ridge for more tax revenue,
when we are not even residents of the City of Wheat Ridge. The Wheat Ridge border extends barely past
the edge of the Conoco Breakplace store, yet you are forcing the surrounding residents (NOT Wheat Ridge
residents) to suffer more traffic going to and from our homes, the taking and condemnation of our property
and a drastic and permanent reduction in quality of our families' lives in Applewood.
Wheat Ridge is apparently not interested in reinvigorating its already blighted economic areas along 38th
and 44th Avenues, yet the city is greedily jumping at the opportunity to annex land and generate tax
revenue (mostly from tourists travelling through on 1-70), all the while forcing those of us who actually live
in the area to deal with the fallout while the City of Wheat Ridge profits from our badly degraded quality of
life in our neighborhood.
I am especially concerned about the safety of our school children walking and biking from Maple Grove
Elementary and The Manning School. Those schools both feed into Wheat Ridge High School. The
quality of Wheat Ridge High School has decreased significantly since I graduated in 1979 and will
continue to do so should the City of Wheat Ridge and the county continue to ignore the true needs of its
residents and those in the surrounding areas. Our wonderful Applewood area will forever be damaged by
the desire of Coors to sell its property, the ongoing desire to continue to develop retail locations by Cabela's
and most especially, the overreaching actions by the City of Wheat Ridge in seeking additional sources for
tax revenues. I cannot overstate the tremendous inequity here - these traffic changes will most adversely
affect homeowners who are NOT residents of Wheat Ridge. We do not benefit from your services and yet
we will suffer the most from your city's short-sighted greed.
Not only will the traffic be unbearable and far more dangerous for our children, the effects on our quality of
life and property values for those of us living in the subject area will be devastating. As I said above, I live
at 32nd and Zinnia Court. There is simply not room to make 32nd Avenue into a four-lane road without
taking property (yards) from my neighbors. Such a proposal is utterly unacceptable. Many of those people
have lived there for over 25 years. We have already been forced to deal with the horrible traffic situation at
32nd and Youngfield. I am appalled that any governmental official or body would support making the area
even more congested than it already is for those of us who live in Applewood. As you know, we in
Applewood Mesa are already virtually landlocked because of Clear Creek and Table Mountain. We must,
in most instances, enter and exit our neighborhood from the 32nd and Youngfield intersection. To make
that process even more difficult than it already is would be utterly arbitrary and unjust.
Simply put, the city (and county's) greed and desire for possible tax revenue is clouding its judgment and
concern for the quality of life of the county taxpayers and residents. Our property values in Applewood
Mesa remain high, in part, because of the quality of Maple Grove and Manning - two of the highest ranked
and most awarded schools in the district. We vote for bond and mill levy increases to help fund Jefferson
County Schools, thereby increasing our property taxes. These increases benefit all Wheat Ridge area
schools. We are willing to do so to make our schools the best they can be for our children. You know first-
hand of the matked increase in valuations over the past several years - valuations which have made our
property taxes rise. We have all borne that increase, knowing we are privileged to live in Applewood and
have our children attend such quality schools. However, our true property values will decrease (which of
course will not be reflected on our valuation by the county) and far, far worse - our quality of life will
suffer drastically We will be forced to deal with huge traffic increases and the safety of our children when
walking or riding to school will be forever compromised.
It would seem a far more equitable solution (if CDOT will not allow for a new ramp on Hwy 58), would be
to have Cabela's advertise on the signs that will surely pop up all along 1-70 "Just exit West on Hwy 58,
take the McIntyre Exit and head South 6 blocks to Cabela's Drive" 1bat would not impact residential areas
or require taking/condemnation of property from our own neighbors whose properties are bounded by 32nd
Avenue. If additional property needs to be used for such an exit/entrance for Cabela's, it can be given up by
Coors, the very company profiting from this ill-conceived development. It would also seem that a bit less
tractor-trailer parking off of McIntyre for Coors would be a far more equitable trade-off for the profits the
company is realizing from this land sale. There is no reason that both ingress and egress to the Cabela's
property can't be from McIntyre, just South ofHwy 58. The plan already shows for exit from Cabela's at
that location.
The proposed primary entrance to Cabela' s seriously compromises the safety of students at both The
Manning School and Maple Grove Elementary A safer and more viable entry/exit MUST be considered.
The city of Wheat Ridge must consider the terrible impact that this proposal would have on residents in the
area - it would be entirely irresponsible for you to fail to do so. I would very much appreciate your thoughts
on this matter, and request that you share my concerns with your planning commission, the rest of your city
council and Cabela' s.
Frankly, this devastating proposal cannot become a reality Simply put - there needs to be a reasonable and
well-considered solution to this problem. The current proposal is utterly unfair and unworkable. We need
for CDOT to be lobbied for a more effective solution - a solution that will not impact residential areas and
worse yet, the safety of school children. Please respond with your thoughts on mitigating the volume of
traffic at this already dangerous and congested intersection. Thank you in advance for your time and
consideration. I look forward to hearing from you.
L l- L L [l c I/:r
Julieann. ball Nespor
Robert ~ Nespor
3160 Zinnia Court
Golden, CO 8040 I
303.278.2578
knpc@qwest.net
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P~"€..'lw'..o.U~7 P.tl~,.?f=i
From: Bob Whitfield Jr <whitfirdltllCwt.como. [Add to Address Book] [View ~
To: . y"LP"" C.OHC.;'ST r~ET .
Subject: FW Re SPEC.I.AL USE PERHIT 1 Case ND SUP-05-01!
Date: Hon 14 Feb ~OfjS lA 24 4 -: +or'\\I)
-----Original Hessage-u--
From Bob Whitfield Jr [mailto whitfil d!gJhcwLCOIll]
Sent Friday, February 11, 2005 11 07 A~1
To ryoung'g'ci wheatridgt' co us, awhite'C1Ici wheatridgt' co us
Cc 'klpal(1lcomcast ne , 'Bruce Chalker'
Subject" Re SPECIAL USE PERHIT (Case No SUP-OS-Ol!
Randy Young -City f.1anager & Alan Wl1ite-Director Community Devleopmer
This letter is in reply to tile City of Wlleat Ridge s letter of February 4
concerning a request for appl oval of a SPECIAL USE PER~lIT (Case
fJo.sUP-OS-Ol!
r~y Residence is immediately adjacent to tile soutll boundary of tile propose'
project ilnd will be Ileavily impacted by tile envisioned excavation v'lllicl1 will
be witllin a Ilundred feet of my Ilouse To date neitller our Applewood Lane
Homeowners Association of 38 Residences nor the individual Ilome owners I
Ilild any contact from Wlleat Ridge Officials concerning the details connected
witll tllis matter Tile Cabelas developer didllold d meeting on the 9th of
tllis week ilt Hanning Jr Higll scllool to discuss this project but did not Ililve
specific answers to tile questions listed belnv'
I would request tllat the SPECIAL USE PER~1IT contain provisions to protect
adjacent property owners Specifically tile tollowing sllould be covereel
1) Dust control
2) Routes to be used by contractors wilen moving trucks and eyeava
equipment into and uut of tile project area
3, Hours during whicll heavy equipment may be operated
4, Conti 01 of noise trom equipment - particulally volume and frequel
heavy equipment backup signals
S 1 Prohibition of the use of explosives
b) Honitoring of Permit requirements by City offiLials
7) A procedure for Homeowners to report violations or excessive
disturbance
8) A detailed map based on high order sur veying wlliet1 shows the e>
location of tile proposed lake excavation with respect to lot lines, houses
ancl property boundaries in our Applewood Lane Subdivision
I feel all ildjacent property Ilomeowners should be given detailed informatior
ilbout these questions above as it pertains to tile SPECIAL USE PERHIT
Thilnk you fot your consider iltion and assistance,
http . madcenter2 cOlJlcast net wille \ Will 42113l).l,,~()UU:2AF7200()U3A(!1220073:'44l)(!El)
.., 14 2()():'
Comcast Message Center
,
I
I
I (comcast
~
Robert & l'laureen Whitfield
Applewood Lane
3324 Beech Ct (:;olden CO
303-278-2172
Ir'JBO, Email;;' of'
httpmailcenter2 COIl1Lastnet\\I11\..,\ wm 42113l)A80002AF72U0003AO I 220073544c)OEl)
Page:: of ::
pt"'f-~V'G~j'.:~ .t"'r,-..ait
-, 14 20()~
;EB 1 ~ 2005
February 16,2005
Members of Wheat Ridge City Council
7500 West 29th Avenue
Wheat RIdge, CO 80033
To the Members of City Council
This letter IS m SUPPORT of the annexatIOn of the Cabelas development. A few months
ago I moved from Wheat Ridge mto the Applewood area. For years I have done much of
m) shoppmg m the vIcmIty of the proposed development. My perception IS that Wheat
RIdge would greatly benefit from the mcome generated from thIS project. Yes, traffic will
be mcreased. With proper conSIderation given to the Issues of mgress and egress, thIS
increase m consumer traffic WIll benefit all busmess owners m the area. The mf1ux of
income generated and the increase of jobs are of huge benefit to all concerned. Ifsafet) IS
of concern, then this mcrease of mcome to the city can be redirected to mcreased pohce
protectIOn. We all wm.
As you hcar all SIdes of the concerns of area resIdents, I wIsh you the best m reachmg
your deCISIOn about whether or not to welcome thIS outstandmg busmess estabhshment to
our community
Smcerely,
7) ),i )< ~'-(J L '-;clJC,L""-"- c' c.
Mary Lou O'Donnell
12899 W 20th Avenue
Golden, Colorado 80401
303-231-9208