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HomeMy WebLinkAbout09/01/2011City of ]�9� Wh6atWidgc PLANNING COMMISSION AGENDA September 1, 2011 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on September 1, 2011, at 7:00 p.m., in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303 -235 -2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. 1. CALL THE MEETING TO ORDER 2. ROLL CALL OF MEMBERS 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) 5. APPROVAL OF MINUTES —August 4, 2011 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes.) 7. PUBLIC HEARINGS A. Case No. ZOA- 11 -07 An ordinance amending the Wheat Ridge Code of Laws concerning annexation of real property to the City. B. Case No. ZOA- 11 -08 An ordinance concerning appeals from decisions of the Director of Public Works. C. Case No. ZOA- 11 -09 An ordinance concerning grading and fill permits. Case No. ZOA- 11 -10 An ordinance concerning land use document submittals. Case No. ZOA- 11 -11 An ordinance concerning required public improvements associated with subdivisions. 8. OTHER ITEMS A. 38 Avenue Corridor Plan Update 9. ADJOURNMENT City of "� Wheat�idge PLANNING COMMISSION Minutes of Meeting August 4, 2011 1. 2. 0 4. CALL THE MEETING TO ORDER The meeting was called to order by Chair BUCKNAM at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29`" Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Staff Members Present: PLEDGE OF ALLEGIANCE Anne Brinkman Alan Bucknam Marc Dietrick Tracy Guildner Dick Matthews Scott Ohm George Pond Steve Timms Meredith Reckert, Sr. Planner Tim Paranto, Director of Public Works Ann Lazzeri, Recording Secretary APPROVE THE ORDER OF THE AGENDA It was moved by Commissioner MATTHEWS and seconded by Commissioner TIMMS to approve the order of the agenda. The motion carried 8 -0. 5. APPROVAL OF MINUTES — June 16, 2011 It was moved by Commissioner MATTHEWS and seconded by Commissioner TIMMS to approve the minutes of June 16, 2011 as presented. The motion carried 6 -0 with Commissioners Dietrick and Guildner abstaining. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes) No members of the public wished to speak at this time. Planning Commission Minutes 1 August 4, 2011 7. PUBLIC HEARINGS A. Case No. MS- 11 -02: An application filed by Weston Solutions for a 3 -lot minor subdivision plat with dedications on property zoned Mixed Use Commercial (MU -C) and located at approximately 7340 West 44 1h Avenue. This case was presented by Meredith Reckert. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. She reviewed the case file and digital presentation. Staff recommended approval for reasons, and with a condition, as outlined in the staff report. Steve Art Economic Development and Urban Renewal Manager Mr. Art stated that Renewal Wheat Ridge, the city's urban renewal authority, has reviewed the subdivision and fully concurs with staff recommendations. Chair BUCKNAM opened the public hearing and asked to hear from members of the public. Rebecca Zachmeier 4200 Upham Ms. Zachmeier wanted to know what drainage will look like and expressed concern about above - ground detention. She expressed concern about the senior housing project and stated that she would like to see more home ownership properties in the city. Joseph Sadar 4355 Teller Ms. Sadar wanted to know more details about the senior housing project. Ms. Reckert explained that the plans are presently under administrative review and citizens may come to - the Community Development Department to see them. Judy Capra 4290 Teller Ms. Capra stated that she was surprised to hear the senior housing project had been approved. She believed Lot 2 is not large enough to accommodate 88 units and should be larger. She was opposed to a waiver of park land dedication. Myrna Shaw 4195 Teller Ms. Shaw expressed concern about street allotments that would encourage drivers to speed. Also, increased traffic in the area would affect safety of children in the Planning Commission Minutes 2 August 4, 2011 area. She was opposed to placing a median on Wadsworth toVance Street because it would have a negative impact on existing businesses. Lorraine Neumann 4281 Upham Ms. Neumann stated that she is now landlocked and asked if she would have a curb cut to allow access to her property from 43` Avenue. She also asked if the existing trees would remain. Gay Ann Fey 4320 Upham Ms. Fey expressed concern about 43` Avenue going through that would result in increased traffic. Drivers already speed in this area. A light at Vance will cause drivers to cut through on 43 Andy Horn 7175 West 42 " Avenue Mr. Horn expressed opposition about that 88 -unit living complex for limited income seniors because Wheat Ridge already has a glut of low- income rentals. He understood that the use for this area would be mixed use with commercial and believed this was a "bait and switch" by the city. The senior living complex will not bring strong families to Wheat Ridge. He was also opposed to a median on 44 Avenue that will increase traffic congestion at Vance, Teller and Upham. A signal at Vance will not help traffic congestion. 44 Avenue could be backed up as far as Teller. His neighborhood already gets cut - through traffic on Teller. He did not believe open space requirements can be met by some tables and patio space. He expressed concern about a subdivision being approved before development for the property is planned. Craig Ailero 4200 Upham He stated that he was not aware that the senior housing project had been approved. He believed that a library and DMV building was promised for the area. He was also concerned about storm water flushing through the remediation area for the demolished transmission shop. Suzanne Capra 7070 West 43 Avenue She didn't understand why the city is buying rentals to convert to home ownership when this housing project will add to rental property in the city. She expressed concern about increased traffic on Upham Street. Steve Art reminded those present that the matter before the Commission is the subdivision and not the ultimate development. However, he described the proposed development that is presently under administrative review. The apartments will not abut 43` but will be in an L -shape that will run Planning Commission Minutes 3 August 4, 2011 along Vance street and the other along the northern border of the property. Only a portion of the project that is counted toward open space is patio and open space. An area at the north end of the property is planned for a garden area. A public space will be required for Lot 1 when it is developed. Ms. Reckert commented that development of the property is market- driven. The City was working with Renewal Wheat Ridge and Jefferson County to find a public use for the property but Jeffco decided to locate their building elsewhere. Another development proposal was a medical clinic that also decided to locate elsewhere. It is not known at this time who the users will be for Lots 1 and 3. There is also a need for affordable multiple housing in the City. John Reisma Weston Solutions In response to a question from Commissioner GUILDNER, Mr. Reisma stated that the ground has been tested for contamination and everything is coming back clean. There is also ongoing monitoring and there is no need to expedite that monitoring before construction of a detention pond takes place. The pond will meet all EPA standards. In response to a question from Commissioner OHM, Mr. Paranto stated that different scenarios have been examined for the detention pond and it was determined that it would be placed in the northeast corner. It will initially be an earthen pond to give the future owner of Lot 1 the right to change the configuration if so desired. It could possibly be put underground. For clarification, Commissioner TIMMS commented that Planning Commission is voting on the subdivision plat and cannot make a recommendation about the apartment plans. Further, the Commission has no jurisdiction over the proposed 40 Avenue median. Lot 2 meets minimum standards of MU -C zoning in terms of lot size and frontage. - In response to a question from Commissioner BRINKMAN regarding Ms. Neumann's landlocked situation, Mr. Paranto stated that she can have a curb cut when the street is constructed. He also commented that traffic engineers have predicted morning and evening hour peak traffic should be eleven cars onto Upham from the proposed project. The light at Vance and 44 will provide an easy access to 44 . The intent of this light and a median on 44 is to make it a safer street. There are presently many accidents at this location. In response to a question from Commissioner BUCKNAM regarding the drainage easement over a remediation site, Mr. Paranto stated that while he has not reviewed the plans, Renewal Wheat Ridge is aware of what needs to be done regarding stabilization of the earth to meet State Health Department requirements. There is very little contamination dissipating today and there will be no undue burden on future owners of the site Planning Commission Minutes 4 August 4, 2011 Commissioner TIMMS stated that he would vote in favor of the application based upon the criteria set before the Commission. He encouraged Renewal Wheat Ridge to conduct extensive outreach to the neighborhood about whatever occurs in the area. It was moved by Commissioner TIMMS and seconded by Commissioner MATTHEWS to approve Case No. MS- 11 -02, a request for approval of a three -lot minor subdivision plat with right -of -way dedication on MU -C zoned property located at 7340 West 44 Avenue, for the following reasons: 1. All requirements of Article IV of the zoning and development code have been met. 2. The utility providers can serve the property. 3. It will facilitate development of the site in compliance with the approved Concept Plan. With the following condition: 1. The applicant continue to work with the Department of Public Works on technical drainage requirements. Commissioner MATTHEWS stated that he would support the subdivision plat. He expressed concern that this project looks like "piecemeal" redevelopment. Motion carried 8 -0. 8. OTHER MATTERS A. 38 Avenue Corridor Plan Update Ms. Reckert encouraged Commission members to attend the third and final public meeting on the 38 Avenue Corridor Plan to be held on August 9 at the Wheat Ridge Recreation Center. 9. ADJOURNMENT It was moved by Commissioner MATTHEWS and seconded by Commissioner GUILDNER to adjourn the meeting at 8:22 p.m. The motion carried 8 -0. Alan Bucknam, Chair Ann Lazzeri, Secretary Planning Commission Minutes 5 August 4, 2011 City of IT WheatR 0ge PLANNING COMMISSION COMMUNY DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: September 1, 2011 TITLE: AN ORDINANCE CONCERNING APPEALS FROM DECISIONS OF THE DIRECTOR OF PUBLIC WORKS CASE NO. ZOA -11 -07 ® PUBLIC HEARING ® CODE CHANGE ORDINANCE Case Manager: Kenneth Johnstone, AICP, Director of Community Development Date of Preparation: August 18, 2011 SUMMARY: The attached ordinance proposes an amendment to the zoning code to establish a provision for appealing certain decisions of the Public Works Director to the Board of Adjustment. The ordinance was initiated at the request of City Council. The ordinance amends Section 26 -115 of the municipal code and as such, requires review by the Planning Commission, with the Commission's recommendation on the ordinance to be forwarded to City Council for consideration. BACKGROUND The ordinance was initiated at the request of City Council and has been reviewed by City Council at a study session. The ordinance was introduced on 1 St reading at City Council on July 25, 2011, with a City Council public hearing set for September 12, 2011. The intent of the ordinance is to give private property owners the right to appeal decisions of the Public Works Director, which are made after a project has been through any required Planning Commission and City Council approval. Those appeals would be made to the Board of Adjustment and would require the Board to find that the requirements being imposed constitute a "particular and unique hardship ... as distinguished from a mere inconvenience." This new appeal process mirrors the ability that a private party has to appeal decisions of the Building Official to the Building Code Advisory Board. The new appeal process is also very similar to the ability a private party has to appeal administrative requirements that are imposed through Article W of Chapter 26 — Subdivisions. RECOMMENDED MOTION: "I move to recommend approval of Case No. ZOA- 11 -07, an ordinance amending code section 26 -115 concerning appeals of decisions of the Director of Public Works. " Exhibits: 1. Proposed ordinance ZOA- 11- 07/Public Works Director Appeals CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER REINHART Council Bill No. 24 Ordinance No. Series 2011 TITLE: AN ORDINANCE CONCERNING DECISIONS OF THE DIRECTOR OF PUBLIC WORKS WHEREAS, the City of Wheat Ridge ( "City ") is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, in the exercise of these powers, the City Council has adopted Chapter 26 of the Wheat Ridge Code of Laws ( "Code ") concerning zoning and development, and Chapter 13 concerning motor vehicles and traffic; and WHEREAS, the City Council wishes to provide for a right of appeal from certain decisions of the Director of Public Works as authorized by said Chapter 26 and to delete an obsolete provision of Chapter 13 in connection therewith. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: _ Section 1 . Section 26 -115 of the Wheat Ridge Code of Laws, pertaining to the authority of the Board of Adjustment, is hereby amended by the addition of a new subsection E.3, to read as follows: E. Interpretations. The board of adjustment is empowered to hold public hearings to decide upon requests for interpretation of certain provisions of this chapter in such a way as to carry out their intent and purpose. This authority shall extend only to the following: 1. The basic intent and purpose of words, phrases or paragraphs as applied to a specific proposal or instance. 2. Use of property as an "other similar use;" however in no instance shall the board make an interpretation that a particular use may be permitted in a zone district where that use is specifically enumerated in a higher, that is a more intensive, zone district. 3. ADMINISTRATIVE DECISIONS TAKEN BY THE DIRECTOR OF PUBLIC WORKS FOLLOWING FINAL APPROVAL BY THE PLANNING COMMISSION OR CITY COUNCIL, AS APPROPRIATE, MAY BE APPEALED TO THE BOARD, WHICH IS EMPOWERED TO REVERSE OR MODIFY SUCH DECISIONS, IN WHOLE OR IN PART, UPON A SHOWING BY THE APPLICANT THAT THE EFFECT OF THE DIRECTOR'S DECISION EXHIBIT 1 WOULD IMPOSE A PARTICULAR AND UNIQUE HARDSHIP UPON THE OWNER OF THE SUBJECT PROPERTY, AS DISTINGUISHED FROM MERE INCONVENIENCE, AND WHICH HARDSHIP HAS NOT BEEN CREATED BY ANY PERSON PRESENTLY HAVING AN INTEREST IN THE SUBJECT PROPERTY. Section 2 . Section 13 -1 of the Wheat Ridge Code of Laws, entitled "Standard manual," is amended by the deletion of reference in subsection (c) thereof to the "Street Committee of the City Council," as follows: (c) Review for compliance; requests for placement or removal, appeals. All traffic regulatory signs and control devices shall be reviewed by the director of public works or his designee for compliance with the warrants stated in subsection (b) above. Any requests for placement or removal of regulatory signs (being defined as stop or yield signs) shall be completed by any person requesting review, and review shall be made by the public works director, or his designee, indicating what criteria or warrants as specified above have been met, or not met, which review shall contain a recommended action to be taken. Afl Section 3 Severability, Conflictina Ordinances Repealed If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4 . Effective Date This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 25th day of July, 2011, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for August 8, 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2011. SIGNED by the Mayor on this day of , 2011. heFeiR that the appeal tG Waffant No. tr-� stated PFGGe66 Sha Felate GR Section 3 Severability, Conflictina Ordinances Repealed If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4 . Effective Date This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 25th day of July, 2011, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for August 8, 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2011. SIGNED by the Mayor on this day of , 2011. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: July 28, 2011 Second Publication: Wheat Ridge Transcript Effective Date: City of Wheat1k PLANNING COMMISSION COMMUNITY DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: September 1, 2011 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING ANNEXATINO OF REAL PROPERTY TO THE CITY CASE NO. ZOA -11 -08 N PUBLIC HEARING N CODE CHANGE ORDINANCE Case Manager: Kenneth Johnstone, AICP, Director of Community Development Date of Preparation: August 18, 2011 f jSoaharn The attached ordinance proposes an amendment to Chapter 26 of the municipal code, adding a new article, Article XII, pertaining to annexation. The ordinance was initiated at the recommendation of the City Attorney's office and is consistent with State statutes regarding annexation. The ordinance amends Chapter 26 of the municipal code and as such, requires review by the Planning Commission, with the Commission's recommendation on the ordinance to be forwarded to City Council for consideration. BACKGROUND The ordinance was initiated at the recommendation of the City Attorney. The ordinance was introduced on 1 St reading at City Council on August 8, 2011, with a City Council public hearing set for September 12, 2011. As proposed, the ordinance requires that all requests for disconnection (also referred to as de- annexation) of real property from the City shall follow all required Statutory rules and additionally, no such disconnection can be initiated or completed unless City Council first adopts an ordinance approving such disconnection. RECOMMENDED MOTION: "I move to recommend approval of Case No. ZOA- 11 -08, an ordinance amending the Wheat Ridge Code of Laws concerning annexation of real property into the city." Exhibits 1. Proposed ordinance ZOA -11 -08 /Annexation and Disconnection CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 27 Ordinance No. Series 2011 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING ANNEXATION OF REAL PROPERTY TO THE CITY WHEREAS, the City of Wheat Ridge is a home rule municipality operating under the constitution and laws of the state of Colorado and a home rule charter adopted pursuant to the authority granted by Article XX of the Colorado Constitution; and WHEREAS, the Wheat Ridge City Council (the "Council') is empowered by the Wheat Ridge Home Rule Charter and the Colorado Constitution to adopt ordinances on matters of local concern; and WHEREAS, the Council finds that it is necessary to specify the applicability of the Colorado Revised Statutes to annexation of property to the City. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1 . Chapter 26 of the Wheaf Ridge Code of Laws is amended by the addition of a new Article XII, entitled "Annexation," to read in its entirety as follows: ARTICLE XII ANNEXATION Sec. 26 -1201. Reserved. Sec. 26 -1202. Annexation procedure. All annexations of real property to the city shall follow the requirements of Article 12 of Title 31 of the Colorado Revised Statutes, as amended. Sec. 26 -1202. Disconnection procedure. All requests for disconnection of real property from the city shall follow the applicable requirements of Article 12 of Title 31 of the Colorado Revised Statutes, as amended, provided, however, no such disconnection shall be initiated or completed unless and until the city council, acting in its sole and exclusive discretion, adopts an ordinance approving such disconnection. S ection 2. Severability, Conflictina Ordinances Repealed If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall EXHIBIT 1 not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3 . Effective Date This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2011, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for , 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2011. SIGNED by the Mayor on this day of , 2011. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: City of Wheat I jdge COMMUNITY DEVELOPMENT Memorandum TO: Planning Commission FROM: Meredith Reckert, Senior Planner DATE: August 24, 201 "1 SUBJECT: Zoning code amendments The following are four proposed code amendments prepared by the City Attorney and the Public Works Department. Three of the language changes impact Chapter 26 so Planning Commission recommendation is required prior to public hearing at City Council. A fourth code change impacts Section 5 -45 of the Municipal Code and relates to installation of public improvements associated with a building permit. Planning Commission will take no action on this one. All four of the code amendments have been grouped together in a single ordinance attached as Exhibit A. The specific code section modifications are as follows: Exhibit B: Section 5 -45 code change (Section 1 of proposed ordinance) Exhibit C: Case No. ZOA -11 -09 /Grading and Fill requirements (Section 11 of the proposed ordinance) Exhibit D: Case No. ZOA -I 1 -10 /Technical Submittal Requirements (Sections 2 -7 of the proposed ordinance) Exhibit E: Case No. ZOA -11 -11 /Public Improvements Installation with Subdivisions (Section 8 -10) CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. _ Series 2011 TITLE: AN ORDINANCE AMENDING CHAPTERS 5 AND 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING GENERNAL CODE REVISIONS AND CLARIFICATION RELATED TO BUILDINGS, DEVELOPMENT AND IMPROVMENTS AND REQUIRED SUBMISSION AND PERMITS FOR THE SAME WHEREAS, the City of Wheat Ridge ( "City ") is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution and the City's home rule charter ( "Charter "); and WHEREAS, pursuant to this power, the City Council has previously adopted Chapters 5 and 26 of the City of Wheat Ridge Code of Laws ( "Code ") concerning business licenses and taxes, respectively; and WHEREAS, Chapter 5 controls buildings and building regulations in the City; and WHEREAS, Chapter 26 controls zoning and development in the City; and WHEREAS, the City Council finds it is in the best interest of the City to, from time to time, update said Chapters to provide for greater ease of administration and to reflect both the practical and new technology facing both the City and applicants for development. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1 . Chapter 5, Section 5 -45 of the Code is hereby amended (with appropriate re- numbering and re- lettering) as follows: Sec. 5 -45. Public improvements required. (a) Applications for building permits shall be reviewed by the dot DIRECTOR of public works to determine whether the proposed construction will require the installation or construction of public improvements including, but not limited to, street paving, p g, curbs, gutters, sidewalks, drainage facilities, or other public improvements as may be required by THIS ordinance or the subdivision regulations. (b) If it is determined by the department DIRECTOR of public works that any such public improvements (INCLUDING, BUT NOT LIMITED TO, DRAINAGE, TRAFFIC, STREET CONTINUITY, CURB, GUTTER AND SIDEWALK, RELOCATION OR UNDERGROUNDING OF UTILITIES, STREET LIGHTING, OR ROADWAY EXHIBIT A CONSTRUCTION) are necessitated by the proposed construction based upon the specific adverse effects created by the proposed construction, including, but not limited to, drainage, traffic, street continuity, curb, gutter and sidewalk, relocation or undergrounding of utilities, street lighting, roadway construction), the dent DIRECTOR of public works shall so inform the building official, and in such event a condition shall be inserted in the building permit which shall require the construction of such public improvement or public improvements by the property owner and the dedication thereof to the city. All such improvements are to be constructed in full compliance with the city's engineering division regulations, design standards and construction specifications. The cost of any such improvements shall be borne by the property owner, and the construction thereof shall be at the sole cost, risk and expense of the property owner, subject to the provisions of any applicable city ordinance, regulations or policies. Subject to the requirements THIS SECTION, failure to construct any such required public improvements shall entitle the city to withhold any certificate of occupancy. (c) SIDEWALKS SHALL ONLY BE REQUIRED ON STREETS IDENTIFIED AS PEDESTRIAN ROUTES IN THE CITY OF WHEAT RIDGE BICYCLE AND PEDESTRIAN MASTER PLAN AND ON COLLECTOR AND ARTERIAL STREETS AS IDENTIFIED IN THE CITY OF WHEAT RIDGE STREETSCAPE DESIGN MANUAL. If it is deteffniRed by the department of publiG works, afteF GensideFatien of the faGters set forth belew that SUGh publiG irnpFevernents may be plaGed at a later date. An eSGre 3nts shall be depesited with the G The Gest estimate will be prepared by the improvements may net he required where less than half of the pmperHes en the streot evtenrdinn five hUR drerd (500) feet fr °m the 1 °t lines of the nr°n°rty iR n,,estien , n on both sides of the frentin street , ,, have in ex nrhs , nutters and sidewalks (d) THE INSTALLATION OF CURBS, GUTTERS AND SIDEWALKS AND RELATED ROADWAY IMPROVEMENTS SHALL ONLY BE REQUIRED IF SUCH IMPROVEMENTS ARE PRE - EXISTING ADJACENT TO ANY PROPERTY ON EITHER SIDE OF THE STREET BLOCK ON WHICH THE PROPERTY IS LOCATED. M (e) No curbs, gutters and sidewalks shall be required for a remodeling of an existing building. (-3,) Installation of curbs, gutters and sidewalks would be impractical or economically unfeasible or not in the best interest of the city at the time of issuance of the certificate of occupancy. (f) In no event shall installation of curbs, gutters or sidewalks be required if the cost of installation of such curbs, gutters, sidewalks and other improvements exceeds ten (10) percent of the cost of the building permit value. in this Gase an es ^r in the (g)(c-) If it is determined by the dent DIRECTOR of public works, after consideration of the factors set forth below that INSTALLATION OF such public improvements WOULD BE IMPRACTICAL OR ECONOMICALLY UNFEASIBLE OR NOT IN THE BEST INTEREST OF THE CITY AT THE TIME OF ISSUANCE OF THE BUILDING PERMIT, THE ESTIMATED COST OF THE PUBLIC IMPROVEMENTS SHALL BE PAID TO THE CITY AS CONDITION OF APPROVAL TO BE USED TO CONSTRUCT PUBLIC IMPROVEMENTS IN AN AMOUNT AND LOCATION ROUGHLY PROPORTIONAL TO THOSE IN LIEU OF WHICH THE PAYMENT IS REQUIRED.. at a later date. An eSGrow amount equaling one hundred J A (100) perGent of the estimated Gest ef the required publiG improvements shall be depesited with the G i ty. The GeSt estimate will be prepared by the e , (h)(#) Any owner, contractor or developer who is aggrieved by a decision of the dept DIRECTOR of public works requiring installation of such public improvements or escrowing PAYMENT of funds in lieu of construction shall have the right to appeal the depar-tment's DIRECTOR'S determination to the board of adjustment pursuant to section 2 -61 of the city's Code of Laws. Section 2. Chapter 26, Section 26 -111, Subsection D.1.m of the Code is hereby amended as follows: m. In addition to the information included on the site plan document, the following supportive information may be required IN HARD COPY, IN ELECTRONIC FILE T -- FORMAT, OR BOTH: (1) FINAL Drainage REPORT AND Pplan; (2) Elevations and perspective drawings; (3) Traffic Impact Rreport;. (4) CIVIL CONSTRUCTION PLANS; (5) STORMWATER MANAGEMENT PLAN (SWMP); (6) STORMWATER OPERATIONS & MAINTENANCE MANUAL (O & M MANUAL). 1Xers be and sidewalks shall neither Fequired ner isment (g)(c-) If it is determined by the dent DIRECTOR of public works, after consideration of the factors set forth below that INSTALLATION OF such public improvements WOULD BE IMPRACTICAL OR ECONOMICALLY UNFEASIBLE OR NOT IN THE BEST INTEREST OF THE CITY AT THE TIME OF ISSUANCE OF THE BUILDING PERMIT, THE ESTIMATED COST OF THE PUBLIC IMPROVEMENTS SHALL BE PAID TO THE CITY AS CONDITION OF APPROVAL TO BE USED TO CONSTRUCT PUBLIC IMPROVEMENTS IN AN AMOUNT AND LOCATION ROUGHLY PROPORTIONAL TO THOSE IN LIEU OF WHICH THE PAYMENT IS REQUIRED.. at a later date. An eSGrow amount equaling one hundred J A (100) perGent of the estimated Gest ef the required publiG improvements shall be depesited with the G i ty. The GeSt estimate will be prepared by the e , (h)(#) Any owner, contractor or developer who is aggrieved by a decision of the dept DIRECTOR of public works requiring installation of such public improvements or escrowing PAYMENT of funds in lieu of construction shall have the right to appeal the depar-tment's DIRECTOR'S determination to the board of adjustment pursuant to section 2 -61 of the city's Code of Laws. Section 2. Chapter 26, Section 26 -111, Subsection D.1.m of the Code is hereby amended as follows: m. In addition to the information included on the site plan document, the following supportive information may be required IN HARD COPY, IN ELECTRONIC FILE T -- FORMAT, OR BOTH: (1) FINAL Drainage REPORT AND Pplan; (2) Elevations and perspective drawings; (3) Traffic Impact Rreport;. (4) CIVIL CONSTRUCTION PLANS; (5) STORMWATER MANAGEMENT PLAN (SWMP); (6) STORMWATER OPERATIONS & MAINTENANCE MANUAL (O & M MANUAL). isment (g)(c-) If it is determined by the dent DIRECTOR of public works, after consideration of the factors set forth below that INSTALLATION OF such public improvements WOULD BE IMPRACTICAL OR ECONOMICALLY UNFEASIBLE OR NOT IN THE BEST INTEREST OF THE CITY AT THE TIME OF ISSUANCE OF THE BUILDING PERMIT, THE ESTIMATED COST OF THE PUBLIC IMPROVEMENTS SHALL BE PAID TO THE CITY AS CONDITION OF APPROVAL TO BE USED TO CONSTRUCT PUBLIC IMPROVEMENTS IN AN AMOUNT AND LOCATION ROUGHLY PROPORTIONAL TO THOSE IN LIEU OF WHICH THE PAYMENT IS REQUIRED.. at a later date. An eSGrow amount equaling one hundred J A (100) perGent of the estimated Gest ef the required publiG improvements shall be depesited with the G i ty. The GeSt estimate will be prepared by the e , (h)(#) Any owner, contractor or developer who is aggrieved by a decision of the dept DIRECTOR of public works requiring installation of such public improvements or escrowing PAYMENT of funds in lieu of construction shall have the right to appeal the depar-tment's DIRECTOR'S determination to the board of adjustment pursuant to section 2 -61 of the city's Code of Laws. Section 2. Chapter 26, Section 26 -111, Subsection D.1.m of the Code is hereby amended as follows: m. In addition to the information included on the site plan document, the following supportive information may be required IN HARD COPY, IN ELECTRONIC FILE T -- FORMAT, OR BOTH: (1) FINAL Drainage REPORT AND Pplan; (2) Elevations and perspective drawings; (3) Traffic Impact Rreport;. (4) CIVIL CONSTRUCTION PLANS; (5) STORMWATER MANAGEMENT PLAN (SWMP); (6) STORMWATER OPERATIONS & MAINTENANCE MANUAL (O & M MANUAL). Section 3. Chapter 26, Section 26 -308, Subsection C.2.p of the Code and Subsection D.2.a are hereby amended as follows: p. METES AND BOUNDS L-Legal description OF THE TOTAL SITE INCLUDING AREA IN SQUARE FEET, WITH SECTION TIES ON THE CURRENT CITY DATUM, IN CONFORMANCE WITH CITY GEODETIC SURVEYING REQUIREMENTS. of +o, site, inGl ding area. a. METES AND BOUNDS LL-egal description WITH SECTION TIES ON THE CURRENT CITY DATUM, IN CONFORMANCE WITH CITY GEODETIC SURVEYING REQUIREMENTS, of the entire planned development, and if the final development plan is for only a portion of the site, a legal description of that portion of the site included within the final development plan. Section 4. Chapter 26, Section 26 -403 of the Code is hereby amended as follows: City datum: Those three - dimensional coordinate values established during the city STATE PLANE COORDINATE CONVERSION PROGRAM for all quarter corners, and SECTION CORNERS, AND PERMANENT HIGH ACCURACY CONTROL (PHAC) POINTS within and adjacent to the City of Wheat Ridge. GEODETIC SURVEYING: "GEODETIC SURVEYING" MEANS THE PERFORMANCE OF SURVEYS IN WHICH MEASURE OR ACCOUNT IS TAKEN OF THE SHAPE, SIZE, AND GRAVITATIONAL FORCES OF THE EARTH TO DETERMINE OR PRE- DETERMINE THE HORIZONTAL OR VERTICAL POSITIONS OF POINTS, MONUMENTS, OR STATIONS FOR USE IN THE PRACTICE OF PROFESSIONAL LAND SURVEYING OR FOR STATING THE GEODETIC POSITION OF CONTROL POINTS, MONUMENTS, OR STATIONS BY USING A COORDINATE SYSTEM OR DERIVATIVE THEREOF RECOGNIZED BY THE NATIONAL GEODETIC SURVEY. PHAC POINTS: PERMANENT HIGH ACCURACY CONTROL POINTS ESTABLISHED DURING THE CITY OF WHEAT RIDGE STATE PLANE COORDINATE CONVERSION PROGRAM BY AND FOR USE IN GLOBAL POSITIONING SURVEYS. Section 5, Chapter 26, Section 26 -407, Subsection C.1 is hereby amended as follows: 1. Maps of the subdivision plat shall be drawn at not less than a scale of one (1) inch equals one hundred (100) feet with the use of black, waterproof drawing ink and the outer dimensions of the map shall be twenty -four (24) inches by thirty -six (36) inches with a margin of at least two (2) INCHES to be reserved along the narrow left side of each drawing, A MARGIN OF AT LEAST ONE (1) INCH ALONG THE TOP MARGIN, and a margin of at least one -half (Y2) inch shall be YA serve d around the balance of the drawing. Section 6. Chapter 26, Section 26 -407, Subsections D.2, D.6, D.8 and D.9 of the Code are hereby amended as follows; further, new Subsections D.17 and 18 are added: 2. Accurate dimensions for all lines, angles, and curves used to describe boundaries, streets, alleys, easements, areas to be reserved for public use, and other important features. All curves shall be circular arcs and shall be defined by at least three (3) of the following: the radius, central angle, tangent, ARC LENGTH, CHORD LENGTH, AND CHORD BEARING. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of at least one (1) in fifty thousand (50,000). No final plat showing plus or minus dimensions will be approved. 6. Total acreage and a surveyed METES AND BOUNDS legal description of the area, with SECTION ties to two (2) section corners IN CONFORMANCE WITH CITY GEODETIC SURVEYING REQUIREMENTS. Coordinates for all section corners, and, QUARTER- SECTION CORNERS, AND PHAC POINTS used will SHALL be consistent with the CURRENT City of Wheat Ridge Datum and are available from the public works department. 8. MONUMENTS: i.A description of all monuments THAT MARK THE BOUNDARIES OF THE PROPERTY, both found and set, and a description of all control monuments used in conducting the survey. ii.RIGHT -OF -WAY SURVEY MONUMENTS SHALL BE ESTABLISHED PER CITY OF WHEAT RIDGE STANDARD SPECIFICATIONS FOR ALL NEW ROADWAYS OR RELOCATION OF EXISTING ROADWAYS, AT ALL NEW ROAD RIGHT -OF -WAY CENTERLINE INTERSECTIONS, CENTER OF RADIUS FOR CUL -DE -SACS, AND AT THE END OF THE CENTERLINE FOR DEAD END STREETS. RIGHT -OF -WAY SURVEY MONUMENTS MAY ALSO BE REQUIRED AT ROADWAY CENTERLINE POINTS OF CURVATURE, POINTS OF REVERSE OR COMPOUND CURVATURE, AND POINTS OF TANGENCY, AS DETERMINED BY THE DEPARTMENT OF PUBLIC WORKS. iii.Coordinates for all control monuments used will SHALL be consistent with the CURRENT City of Wheat Ridge datum. 9. A statement by the l and surveyo A COLORADO LICENSED PROFESSIONAL LAND SURVEYOR that the survey was performed by him or under his direct responsibility, supervision, and checking, and in accordance with all CITY OF WHEAT RIDGE REQUIREMENTS AND applicable Colorado Statutes, current revised edition, as amended. THE PROFESSIONAL LAND SURVEYOR SHALL PROVIDE A STATEMENT OF ACCURACY WHICH CERTIFIES THE ACCURACY AND CONFORMANCE OF THE FINAL PLAT DOCUMENT TO ALL APPLICABLE STATE LAWS AND REQUIREMENTS SET FORTH HEREIN. 17. ALL ITEMS ON THE CITY OF WHEAT RIDGE GEODETIC SURVEYING REQUIREMENTS FOR FINAL PLATS SHALL BE ADHERED TO AND PROVIDED ON THE PLAT. 18. THE PURPOSE, WIDTH, LENGTH, AND LOCATION OF ALL EASEMENTS AND ALL ABUTTING EASEMENTS SHALL BE CLEARLY LABELED AND IDENTIFIED. IF ANY EASEMENT ALREADY OF RECORD CANNOT BE DEFINITELY LOCATED, A STATEMENT OF ITS EXISTENCE AND ITS RECORDED REFERENCE SHALL APPEAR ON THE PLAT TITLE SHEET. Section 7. Chapter 26, Section 26 -407, Subsections E.3 and E.13 of the Code are hereby amended as follows; further, new Subsections E.18 and 19 are added: 3. Complete engineering plans and specifications SHALL BE SUBMITTED IN HARDCOPY AND MAY BE REQUIRED IN AN ELECTRONIC FILE FORMAT ACCEPTABLE TO THE CITY for all public facilities to be installed, i.e., water and sewer utilities, traffic control devices, traffic calming features, streets, street lights, street signs and related public improvements, bridges, and storm drainage, including design analysis when required. 13. A computer readable drawing OF THE FINAL PLAT SHALL BE SUBMITTED may be required to be s bmitt on a floppy di CD -ROM, DVD -ROM, OR OTHER ELECTRONIC FILE FORMAT ACCEPTABLE TO THE CITY. The information shall be ON THE CURRENT CITY OF WHEAT RIDGE DATUM IN CONFORMANCE WITH CITY GEODETIC SURVEYING REQUIREMENT STANDARDS AS ESTABLISHED BY THE PUBLIC WORKS DEPARTMENT, be compatible with the current Autocad release CITY MAPPING SOFTWARE AND LAYERING STANDARDS, and include, but not limited to, SECTION TIES, ties to a minimum of two (2) section (land) corners, CONTROL MONUMENTS, exterior boundaries, interior lot lines, easements, rights -of- way (existing and proposed), all to include bearings and distances. CA ... 18. A CLOSURE REPORT FROM THE PROFESSIONAL LAND SURVEYOR CONTAINING THE CLOSURE CALCULATIONS AND ERROR OF CLOSURE WITH AREA (ROUNDED TO THE NEAREST SQUARE FOOT) FOR THE SUBDIVISION BOUNDARY. 19. A COPY OF THE CITY GEODETIC SURVEYING REQUIREMENTS CHECKLIST, COMPLETED AND INITIALED BY THE PROFESSIONAL LAND SURVEYOR CERTIFYING THE PLAT. Section 8. Chapter 26, Section 26 -412, Subsection C.1.b of the Code is hereby amended as follows: b. GenGFete- GUFbs,gotter-s, and sidewalks. CURBS, GUTTERS AND SIDEWALKS SHALL BE PROVIDED FOR ALL SUBDIVISIONS THAT REQUIRE NEW STREETS. SUBDIVISIONS OF PROPERTY LOCATED ADJACENT TO EXISTING STREETS WILL REQUIRE CONSTRUCTION OF CURBS, GUTTERS AND SIDWALKS IF THE EXISTING STREETS ARE DESIGNATED AS PEDESTRIAN OR TRAIL ROUTES IN THE CITY OF WHEAT RIDGE BICYCLE AND PEDESTRIAN MASTER PLAN OR ARE COLLECTOR OR ARTERIAL STREETS AS IDENTIFIED IN THE CITY OF WHEAT RIDGE STREETSCAPE DESIGN MANUAL. Section 9. Chapter 26, Section 26 -412, Subsection H of the Code is hereby amended as follows: 1. In conjunction with the required drainage certification, the owner will furnish the city, free of charge, A HARDCOPY, SIGNED AND SEALED BY THE ENGINEER OF RECORD, OF THE drawings and specifications, including supplemental drawings, relating to improvements, showing them in their as -built locations ON THE CURRENT CITY OF WHEAT RIDGE DATUM. 2. The as- built's shall be prepared and certified by a registered professional engineer in accordance with the requirements of Wheat Ridge and prior to the city's issuance of the first certificate of occupancy in the subdivision. 3. AN ELECTRONIC FILE CONTAINING THE AS- BUILTS SHALL ACCOMPANY THE SIGNED AND SEALED HARDCOPY, AND BE FURNISHED IN A FORMAT COMPATIBLE WITH THE CITY MAPPING SOFTWARE AND LAYERING STANDARDS ON CD -ROM, DVD -ROM, OR OTHER ELECTRONIC MEDIA ACCEPTABLE TO THE CITY. Section 10. Chapter 26, Section 26 -413, Subsection B of the Code is hereby amended as follows: 1. The publiG works department COMMUNITY DEVELOPMENT DEPARTMENT and the subdivider shall prepare an agreement in substantially the form of Appendix B [on file in the office of the city clerk], which details the obligations of the city and the subdivider, the estimated costs of public improvements to the property and the amount of letter of credit to be supplied by the subdivider. Section 11. Chapter 26, Section 26 -623 of the Code is hereby amended (and re- lettered) as follows: ����\ A. Generally. FOR OPERATIONS WHEREBY A BUILDING PERMIT IS NOT REQUIRED PURSUANT TO THE UNIFORM CODES ADOPTED BY THE CITY AND CONTAINED IN CHAPTER 5 OF THIS CODE, NNo deposit, GRADING, and /or extractive operation DISTURBING AN AREA OF ONE (1) ACRE OR MORE SHALL BE PERMITTED IN ANY DISTRICT EXCEPT IN THE MANNER PRESCRIBED HEREIN. WHERE DISTURBED AREAS ARE LESS THAN ONE (1) ACRE AND SUCH OPERATION IS A PART OF A LARGER COMMON PLAN OF DEVELOPMENT LARGER THAN ONE (1) ACRE IN SIZE, NO DEPOSIT, GRADING, AND /OR EXTRACTION OPERATION shall be permitted in any district except in the manner prescribed herein. It is the intent and purpose of this section to establish reasonable uniform limitations, safeguards and controls in the City of Wheat Ridge for the conservation and wise utilization of property through deposit, GRADING, and /or extraction of soil, sand, gravel, rock, minerals, CONCRETE OR ASPHALT PAVEMENT, and other similar resources MATERIALS. However, a primary intent and purpose is to protect surrounding properties from adverse impacts, including, but not limited to, drainage problems, soil erosion, traffic problems, changes in ground elevation relative to adjacent properties, etc., which may be created by such operations. All fees shall be in accordance with those fees established by the Uniform Building Code. ALL OPERATIONS SHALL COMPLY WITH ALL PROVISIONS IN CHAPTER 20 OF THIS CODE (STORMWATER QUALITY AND CONTROL), AND AAny fill operation which is proposed for a parcel located within a 100 -year floodplain shall additionally comply with the Floodplain Zoning Ordinance, article VIII of this chapter. B AAiner a c Lien and fill nermibs IN .................. - W.—Im �� etG., maintained and of how and where histor*E; runoff en site. wi . : ZS nil aki �K,mj vs on the sate, .. MR -- .. IN 11 '- �. .0. 3TR 2 a MT21ur".1 . : ZS nil aki �K,mj vs on the sate, .... '- �. .0. 3TR 2 a MT21ur".1 .... G. Major- landfill and excavation Gentrol epeFations. Durnping, landfill and extraction operations which exceed twenty thousand (20 nubir yards may be allowed On any zone d enly by speGial use permit under seGt'On 26 114-. SUGh dep o sit or exrantion of eath san gray o mn t r Tr- o,-- �r�vT,-- o�e�T , sand grav br nonnrete or brok other similar rese� es r and /or sterage Cher f GVr'iGT�i CC VTI7TVTC �QL7TGT�7'1'1'f7iCfTTC ."70af'G' , VT'Q�i CI"f, TeBT are subjeGtte the fo g �ditiens� es of i ela _� sa l v-- crr� —ry � � � � y rrvr . C --a$�� `' tf@�1 tirne not to ex ceed —o ) e gi y ear a nd may he ren ��i non ritten re quest: , GRADING PERMITS.. DUMPING, LANDFILL, GRADING, AND /OR EXTRACTION OPERATIONS WHICH DISTURB AN AREA OF ONE (1) ACRE OR MORE IN SIZE MAY BE ALLOWED BY A PERMIT ISSUED BY THE ENGINEERING MANAGER AFTER REVIEWING AN APPLICATION AND SUPPORTING INFORMATION SUBMITTED TO THE PUBLIC WORKS DEPARTMENT. SUCH DEPOSIT OR EXTRACTION OF EARTH, SAND, GRAVEL, ROCK, MINERALS, CONCRETE OR ASPHALT PAVEMENT, OR OTHER SIMILAR MATERIALS, AND /OR STORAGE THEREOF, ARE SUBJECT TO THE FOLLOWING CONDITIONS. A GRADING PERMIT MAY BE ISSUED FOR A PERIOD OF TIME NOT TO EXCEED ONE (1) YEAR AND MAY BE RENEWED UPON WRITTEN REQUEST: 1. Application. An application for °ne ire GRADING permit shall be submitted to the GOMmunity developrnepA PUBLIC WORKS department and shall be accompanied by the appropriate fee and by engineered plans and drawings which illustrate the following minimum information: a. Certified survey of the site SHOWING EXISTING EASEMENTS AND RIGHT -OF -WAY with A corresponding metes and bounds legal description FOR THE BOUNDARY ON THE CURRENT CITY DATUM. b. Name and address of property owner(s) and lessee(s), both within the site and adjacent to the site's perimeter. C I enatien and extent of areas to he filled and /er exnayated A GRADING AND EROSION CONTROL PLAN SHOWING THE LOCATION AND EXTENT OF AREAS TO BE FILLED AND /OR EXCAVATED, EXISTING & PROPOSED CONTOUR LINES USING ELEVATIONS CONSISTENT WITH THE CURRENT CITY DATUM DRAWN AT A SCALE ACCEPTABLE TO THE ENGINEERING MANAGER, AND ANY EROSION CONTROL ITEMS REQUIRED PER THE STORMWATER MANAGEMENT PLAN. d. A STORMWATER MANAGEMENT PLAN DEFINING BOTH CONSTRUCTION AND POST - CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP'S). e DFainage plan and report , ��i Whinh identifies existing atenways and drainage roe arses e y indinating an changes existing grades and s nr n�s°d f gr ades, artethed of maintaining his drainage from the site and methods far nentrelling eresien frern e DRAINAGE REPORT AND PLAN IN CONFORMANCE WITH THE CITY'S SITE DRAINAGE REQUIREMENTS. f. Location of existing and proposed points of ingress /egress. g. Location of residences, structures, AND utilities and roadways within nne quarter (L) mile distan.•° r.f LYING INSIDE THE SITE in question AND WITHIN A FIFTY (50) FOOT PERIMETER ADJACENT TO THE SITE. h 1 °nati °n and type °r perimeter f°nninn NAME, LOCATION, AND SURFACING OF ALL ROADWAYS BOTH WITHIN AND ADJACENT TO THE SITE TO BE USED FOR HAULAGE. i. LoGateen and surfaGing of all roads both within and adjaGent to the site to be used foF haulage SCHEDULE OF OPERATIONS, INCLUDING COMPLETION DATE. j LOGat and hnraGter of proposed l °n the site COPIES OF ANY PERMITS ISSUED BY THE STATE OF COLORADO REQUIRED FOR THE OPERATION. k. SGhedule of epeFatiens, inGluding GOrnpletien date. COPIES OF ALL MATERIALS REQUIRED TO BE SUBMITTED TO THE STATE OF COLORADO OR THE U.S. GOVERNMENT, WHERE SUCH AGENCIES ARE INVOLVED IN PERMIT REVIEWS AND /OR APPROVALS AS A REFERRAL, PERMITTING OR FUNDING AGENCY. I. Copies ef all FnateFiaI6 Fequir-ed to be submitted to the State of 2. Performance standards. a. Setback. Subject to maintaining a thirty feet setbaGk fre nr °^ °rt Ii n° Roads. Subject to operators maintaining all haulage roads used in connection with this operation, under their control or ownership, as much as possible in a dust -free condition. Such haulage roads shall not be established along existing residential streets except as may be provided by a special permit. This shall not preclude collector or major streets from being used for this purpose. b. EROSION CONTROL. EROSION CONTROL PROVISIONS UTILIZED DURING OPERATIONS SHALL ADHERE TO THE BMP'S IDENTIFIED IN THE STORMWATER MANAGEMENT PLAN. im. the v IJTTL ITII, reel lirements as centained heroin , the fencine may/ be removed the T� Drainage. DEBRIS AND /OR CONTAMINANTS SHALL NOT BE ACCUMULATED OR DISCHARGED BEYOND THE PROPERTY LINE BY ANY MEANS OF TRANSPORTATION INCLUDING THAT OF NATURAL DRAINAGE. THE OPERATION SHALL BE CONDUCTED SO THAT THE EXCAVATED AREA WILL NOT PERMIT WATER OF A STAGNATED NATURE TO COLLECT OR REMAIN. d. materia er sediment leads sh net he allowerl�Ssape the e SITE STABILIZATION. ALL GRADING PERMITS SHALL CONTAIN PROVISIONS TO STABILIZE THE SITE AS NEAR OR CLOSELY AS IS PRACTICABLE TO ITS PRIOR NATURAL STATE OR CONDITION OR IN SUCH STATE OR CONDITION AS THE ENGINEERING MANAGER MAY APPROVE. METHODS OF SITE STABILIZATION SHALL ADHERE TO ALL BMP'S PER THE APPROVED STORMWATER MANAGEMENT. Q 0 o Drainage Debris end /er Gont +minants shall net be .laced yr - er di beyond the property line by any means of transportation i RG l ud i ng that of natUFal drainage. The operation shaI4 aTVr he tend Icted se that the eXGayated area will net permit water of a stagnated nature to collect OF remain f I i hfin }nn shall he in companc it i e with secton 7R_ T�- rgrrrn-r`�y- � i li c rin rvri�l - r�Trv c- rrrc - �ccnvrz� rehabilitation of the property as neaF OF Glosely as is praGtiGab'e to i ts pFioF natural state or oondition or in SUGh state OF Genditien as the G GGunGil may approve. Rehabilitation of the site shall iRG replacement of topseil which is spread evenly ever the rehabilitated site to a depth Gemparable te that of adjoining areas. Preperty not, u l t i ma te l y u sed for ses OF strl GtUres, etc,s be planted with / shrubs gFasses or similar 9,,roundGGV prreGludee rosie f the soil by ceer win or �„ Ia }cr Bond. To insure rehabilitation of the site as prescribed in subsection g., above, there shall be required at the time the original permit is issued a performance bond naming the city council of the City of Wheat Ridge as obligee in an amount and type to be determined by the city engineer, based on and with consideration for the magnitude of the excavation activities and rehabilitation requirements. In no instance shall the amount of the bond be less than five thousand dollars ($5 Insurance. Every operator, before commencing operations, shall be insured to the extent of two hundred fifty thousand dollars ($250,000.00) per person, one million dollars ($1,000,000.00) per occurrence against liability arising from production, activities or operations incidental thereto conducted or carried on under or by virtue of any law, resolution or condition imposed by these regulations, and such insurance shall be kept in full force and effect during the period of such operations, including site rehabilitation. A certificate indicating protection by such insurance shall be filed with the application for special permit. 5. Equipment. All equipment used shall be maintained and operated utilizing standard items, such as mufflers, filters, etc., as much as possible to eliminate noise, vibration, dust, etc., which are injurious or ,..1� substantially annoying to persons living in the vicinity. � 6. Hours of operation. All activities shall operate from 7:00 a.m. to 5:00 .,� p.m. Operations shall not be permitted on Saturdays, Sundays or holidays, UNLESS OTHERWISE APPROVED BY THE ENGINEERING MANAGER. 7. G i n i y r s th o appr w Gonditiens, or deny speGial use permits for majer landfall and eXGavation Gentrol operations based upon evaluation of the proposal Felative to the — i �- T,r- �,ty- s�e f' all --res e�c�- n- re t �� -ev , nnrove nriteria for review comet forth in section 7G: 9 1 A Section 12 Severability, Conflicting Ordinances Repealed If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 13 . Effective Date This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of – to _ on this _ day of , 2011, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for _, 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2011. SIGNED by the Mayor on this day of , 2011. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: , , I City of I �1 �I heat�idge PLANNING COMMISSION COMMUNITY DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: September 1, 2011 TITLE: AN ORDINANCE CONCERNING REQUIRED PUBLIC IMPROVEMENTS ASSOCIATED WITH A BUILDING PERMIT INFORMATIONAL ONLY ❑ PUBLIC HEARING ® CODE CHANGE ORDINANCE Case Manager: Timothy Paranto, Director of Public Works Date of Preparation: August 19, 2011 SUMMARY: The attached ordinance proposes an amendment to the buildings and building regulations code to limit the requirement of constructing public improvements in association with a building permit. The ordinance was initiated at the request of City Council. The ordinance amends Section 5 -45 of the municipal code. While amendments to Section 5 of the municipal code do not require review by the Planning Commission, the Commission is being advised of the proposed ordinance amendment prior to City Council consideration. BACKGROUND The ordinance was initiated at the request of City Council and has been reviewed by City Council at the July 18, 2011 study session. The ordinance amendment would limit the requirement for sidewalks on pedestrian routes identified in the City Bicycle and Pedestrian Master Plan and the City Streetscape Design Manual. Curbs, gutters and sidewalks would only be required if such improvements exist within the block on which the subject property fronts. The draft ordinance also would eliminate the currently required escrow of funds when construction of public improvements is not practical. The estimated cost of the required public improvements would, instead, be paid as a condition of approval to be used for construction of public improvements in the City. The intent is to use the payments to fund sidewalk, curb and gutter projects, such as was provided by the previous "Missing Links Sidewalk Construction Program ". The proposed language is shown in Section 1 of the Ordinance. Exhibits: 1. Proposed ordinance 1**4 I'll @ 1 11 Public Improvements associated with Building Permits , City of Wheat�idge PLANNING COMMISSION COMMUNITY DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: September 1, 2011 TITLE: AN ORDINANCE CONCERNING GRADING AND FILL PERMITS CASE NO. ZOA -11 -09 /Grading and Fill ® CODE CHANGE ORDINANCE Case Manager: Timothy Paranto, Director of Public Works Date of Preparation: August 19, 2011 SUMMARY: The attached ordinance proposes an amendment to the zoning code which would limit the requirement of obtaining grading and fill permits. The ordinance was initiated at the request of City Council. The ordinance amends Section 26 -623 and as such, requires review by the Planning Commission, with the Commission's recommendation on the ordinance to be forwarded to City Council for consideration. BACKGROUND The ordinance was initiated at the request of City Council and has been reviewed by City Council at the July 18, 2011 study session. The existing City Code Section 26 -623 requires grading permits when more than fifty (50) cubic yards of dirt is excavated or imported. Typically, projects that require grading permits also require building permits. This ordinance provides a less restrictive development environment, establishing that a grading permit will be required only when one (1) acre or more of a property is disturbed and the activity is not associated with a building permit. Additional changes are recommended to assist with compliance with the Stormwater Management Program. The permit bond insuring re- vegetation of the site should also be increased to $20,000 to provide sufficient funding if City involvement is necessary. - Section 11 of the proposed ordinance contains the language changes. RECOMMENDED MOTION: "I move to recommend approval of Case No. ZOA- 11 -09, an ordinance amending code section 26 -623 concerning grading and fill permits. " Exhibits: 1. Proposed ordinance EXHIBIT C ZOA -11 -09 /Grading and Fill Requirements � I City of WheatR g e PLANNING COMMISSION COMMUNITY DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: September 1, 2011 TITLE: AN ORDINANCE CONCERNING LAND USE DOCUMENT SUBMITTALS CASE NO. ZOA- 11- 10/Technical Submittal Requirements ® PUBLIC HEARING ® CODE CHANGE ORDINANCE Case Manager: Timothy Paranto, Director of Public Works Date of Preparation: August 19, 2011 SUMMARY: The attached ordinance proposes amendments to Article I, Article H and Article IV of the zoning code. The ordinance was initiated at the request of City Council. The ordinance amends Section 26 -111, Section 26- 308, Section 26 -403 and Section 26 -407 of the municipal code and as such, requires review by the Planning Commission, with the Commission's recommendation on the ordinance to be forwarded to City Council for consideration. BACKGROUND The ordinance was initiated at the request of City Council and has been reviewed by City Council at the July 18, 2011 study session. The proposed ordinance would incorporate current requirements concerning land use document submittals. The changes will provide the necessary documentation in compliance with the City's adopted survey and GIS standards. Sections 2 - 7 of the proposed ordinance contains the language changes. RECOMMENDED MOTION: "I move to recommend approval of Case No. ZOA- 11 -10, an ordinance amending code section 26 -111, section 26 -403 and section 26 -407 concerning land use document submittals. " Exhibits: 1. Proposed ordinance EXHIBIT D ZOA- 11- 10/Technical Submittal Requirements �' � I City of Wheatpidge PLANNING COMMISSION COMMUNrry D EVELOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: September 1, 2011 TITLE: AN ORDINANCE CONCERNING REQUIRED PUBLIC IMPROVEMENTS ASSOCIATED WITH SUBDIVISIONS CASE NO. ZOA- 11- 11/Public Improvements with Subdivision ® PUBLIC HEARING ® CODE CHANGE ORDINANCE Case Manager: Timothy Paranto, Director of Public Works Date of Preparation: August 19, 2011 SUMMARY: The attached ordinance proposes an amendment to the subdivision code which would limit the requirement of constructing public improvements in association with property subdivision. The ordinance was initiated at the request of City Council. The ordinance amends Section 26 -412 and as such, requires review by the Planning Commission, with the Commission's recommendation on the ordinance to be forwarded to City Council for consideration. BACKGROUND The ordinance was initiated at the request of City Council and has been reviewed by City Council at the July 18, 2011 study session The proposed changes to Section 26 -412 would limit the requirement for construction of curbs, gutters and sidewalks to new streets proposed with a subdivision and on adjacent existing streets that are pedestrian routes identified in the City Bicycle and Pedestrian Master Plan and the City Streetscape Design Manual. Sections 8 - 10 of the proposed ordinance contains the language changes. RECOMMENDED MOTION: "I move to recommend approval of Case No. ZOA- 11 -11, an ordinance amending code section 26 -412 concerning required public improvements associated with subdivisions. " Exhibits: 1. Proposed ordinance EXHIBIT E ZOA- 11- 11/Public Improvements Installation with Subdivisions