HomeMy WebLinkAboutCouncil Packet 02/28/2011
6:30 p.m. Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING February 28. 2011 7:00 p.m. Individuals with disabilities are encouraged
to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Infonnation Officer, at 303-235-2826 at least one week in advance of a meeting
if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF February 14. 2011 PROCLAMATIONS AND
CEREMONIES CITIZENS' RIGHT TO SPEAK a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. b. Citizens who wish
to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES
ON SECOND READING .L Council Bill 04-2011 -An Ordinance amending Section 13-6 (D) of the Wheat Ridge Code of Laws concerning Penalty Assessment Fines for Excess Vehicle Weight Violations.
2. Council Bill 05-2011 -An Ordinance amending Section 2-59 of the Wheat Ridge Code of Laws, concerning the Membership and Powers of the Building Code Advisory Board.
CITY COUNCIL AGENDA: February 28, 2011 Page -2-ORDINANCES ON FIRST READING Council Bill 06-2011 -An Ordinance amending Article11 of the Wheat Ridge Code of Laws by adding a new Article
XII concerning Medical Marijuana and making certain Amendments to Chapter 26 (Zoning and Development) in Association therewith. DECISIONS. RESOLUTIONS AND MOTIONS Resolution 07-2011
-A Resolution approving a Planned Industrial Development Final Development Plan Amendment and a Three -Lot Re-Subdivision Plat on Property Located at 5130 Parfet St. (Case Nos. WZ-10-08
and MS-10-04/Hoss Electric). Motion to approve appointments to Board and Commissions. Motion to Ratify Mayoral Appointment to the Wheat Ridge Housing Authority. Motion to encumber funds
for 2011 Connections Newsletter design and print services in an amount not to exceed $31,806. Motion to approve payment to the Denver Regional Council of Governments (DRCOG) in the amount
of $21 ,780 for 2011 Inspection of Conveyances (Elevators) within the City of Wheat Ridge per the Approved Intergovernmental Agreement. Motion to award ITB-10-27 for Wadsworth Boulevard
Median Improvement to Goodland Construction, Golden, CO in the amount of $65,883.50. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT
CITY OF WHEAT RIDGE, COLORADO February 14. 2011 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Council Members present: Karen Adams, Joseph DeMott, Karen
Berry, Joyce Jay, Davis Reinhart, Tracy Langworthy, Wanda Sang and Mike Stites. Also present: City Clerk, Michael Snow; City Treasurer, Larry Schulz; City Manager, Patrick Goff; City
Attorney, Gerald Dahl; Administrative Services Director, Heather Geyer; Police Chief, Dan Brennan; Community Development Director, Kenneth Johnstone; Economic Development Manager, Steve
Art; staff and interested citizens. APPROVAL OF MINUTES OF January 24. 2011 Motion by Mrs. Sang for approval of the Minutes of January 24. 2011; seconded by Mr. Stites; carried 8-0.
CITIZENS' RIGHT TO SPEAK Francisco Reina, a home performance analyst from Lightly Treading, a local company, will present an educational opportunity to help Wheat Ridge residents improve
the comfort and energy efficiency of their homes in partnership with Wheat Ridge 2020 on Thursday, February 1ih from 6:30 pm -7:30 pm at Wheat Ridge 2020 offices at 3798 Marshall Street.
This is a chance for Wheat Ridge citizens to learn to save energy and money, improve indoor air quality and make their homes more comfortable. Kim Calomino, spoke of the neighborhood
stabilization grants Wheat Ridge 2020 has received to purchase and rehabilitate six homes in Wheat Ridge that were previously foreclosed. Four of these property improvements have been
completed and an open house was just held at one of the fourth of these properties at 4655 Webster Street. The 5th completed home Open House will be on March 2nd at 3355 Ames Street
from 4:30-6:30pm. All City officials and community members are invited to attend. ORDINANCES ON SECOND READING Item 1. Council Bill 02-2011 -An Ordinance amending Chapters 11 and 22
of the Wheat Ridge Code of Laws concerning Business License Requirements and Taxpayer Remedies. Mayor DiTullio opened the public hearing.
City Council Minutes 2/14/2011 Page 2 Council Bill 02-2011 was introduced on second reading by Mr. Stites. City Clerk Michael Snow assigned Ordinance No. 1476. Motion by Mr. Stites to
continue the public hearing to the March 14, 2011 Regular Council Meeting; seconded by Mr. Reinhart; carried 8-0. ORDINANCES ON FIRST READING Item 2. Council Bill 04-2011 -An Ordinance
amending Section 13-6 (D) of the Wheat Ridge Code of Laws concerning Penalty Assessment Fines for Excess Vehicle Weight Violations. Motion by Mrs. Sang to approve Council Bill No. 04-2011
on first reading, order it published, public hearing set for Monday, February 28, 2011 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication;
seconded by Mrs. Langworthy; carried 8-0. Item 3. Council Bill 03-2011 -An Ordinance approving the Rezoning of Property located at 11808 W. 44th Ave. from Commercial-One (C-1) and Commercial-One
with Use Restrictions to Mixed Use -Commercial Interstate (MU-C Interstate) and Mixed Use -Neighborhood (MU-N) Zone Districts (Case No. WZ-10-09/RV America) Motion by Mrs. Langworthy
to approve Council Bill No. 03-2011 on first reading, order it published, public hearing set for Monday, March 14, 2011 at 7:00 p.m. in the City Council Chambers, and that it take effect
15 days after final publication; seconded by Mr. DeMott; carried 8-0. Item 4. Council Bill 05-2011 -An Ordinance amending Section 2-59 of the Wheat Ridge Code of Laws, concerning the
Membership and Powers of the Building Code Advisory Board. Motion by Mr. Reinhart to approve Council Bill No. 05-2011 on first reading, order it published, public hearing set for Monday,
February 28, 2011 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Ms. Berry. Motion by Mrs. Sang to amend Section 1 of
Council Bill 05-2011 Section 2-59(c) of the Code of Laws to provide that the Building Code Advisory Board consist of five members, one from each Council District and one at large member,
all to be appointed by the City Council; seconded by Mrs. Langworthy; carried 5-3 with Ms. Berry, Mrs. Adams and Mr. Reinhart voting no. Original motion by Mr. Reinhart carried 8-0 as
amended.
City Council Minutes 2/14/2011 Page 3 DECISIONS. RESOLUTIONS AND MOTIONS Item 5. Resolution 06-2011 -A Resolution amending the Fiscal Year 2011 Budget to reflect the approval of a Supplemental
Budget appropriation for the re-appropriation and re-encumbrance of 2010 Fiscal Year Encumbered Funds in the amount of $510,348.43. Resolution 06-2011 was introduced by Mrs. Jay. Motion
by Mrs. Jay to approve Resolution 06-2011; seconded by Mrs. Sang; carried 8-o. Item 6. Motion to approve payment of Murray Dahl Kuechenmeister & Renaud LLP January 2011 Invoices for
Legal Services in the amount of $17,889.26. Motion by Mrs. Langworthy to approve payment of Murray Dahl Kuechenmeister & Renaud LLP for January, 2011 Invoices for Legal Services in the
amount of $17,889.26; seconded by Mrs. Sang; carried 8-0. Item 7. Motion to Ratify Mayoral Appointment to Renewal Wheat Ridge. Motion by Mrs. Langworthy to ratify the District 1 Mayoral
Appointment of Jesse Hill to Renewal Wheat Ridge Board, term to expire November 2013; seconded by Mr. DeMott; carried 8-0. ELECTED OFFICIALS' MATTERS City Clerk Michael Snow informed
Council and the community of the pending release of 2010 Census Data and plans for redistricting. Colorado Census Block data has not yet been released by the Census Bureau. Federal law
mandates that the data be released no later than April 1, 2011 . A presentation to City Council and the community is rescheduled tentatively based on when the data is actually released.
Redistricting must be completed no later than May 1, 2011 per the City Charter. Mrs. Sang would like to remind residents and businesses to keep their sidewalks clear of snow so people
don't have to walk in the street. Mrs. Jay reiterated the importance of what Mrs. Sang stated about keeping sidewalks clear of snow as she saw people having to walk in Wadsworth after
the last snow storm. Mr. Stites stated it is an excellent time to relocate to the City of Wheat Ridge, ask staff for help if needed. In the recent cold spell he saw neighbors out helping
each each other and he commends them. As always, try to find it and buy it in Wheat Ridge.
City Council Minutes 2/14/2011 Page 4 Mayor DiTullio thanked the Arvada Fire Protection District and Chief Gillespie from Wheat Fire Protection District for the recent meetings with
regards to possible changes to fire protection coverage. Both departments were very professional and provided good information to the citizens about possible solutions for this issue.
Hopefully there will be some further information in the next few weeks. ADJOURNMENT TO STUDY SESSION Meeting adjourned at 7:30p.m. ~ Michael Snow, City Clerk APPROVED BY CITY COUNCIL
ON February 28, 2011 BY A VOTE OF __ to __ Tracy Langworthy, Mayor pro tem The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e. they contain a record
of what was done at the meeting, not what was said by the members. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as
copies of Ordinances and Resolutions.
.' "_ -• City of :rWheat~ge ITEMNO:~. DATE: February 28, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 04-2011 AN ORDINANCE AMENDING SECTION 13-6 (D) OF THE WHEAT RIDGE
CODE OF LAWS CONCERNING PENALTY ASSESSMENT FINES FOR EXCESS VEHICLE WEIGHT VIOLATIONS [8J PUBLIC HEARING o BTDSIMOTIONS o RESOLUTIONS QUASI-JUDICIAL: ISSUE: o ORDINANCES FOR 1ST READING
02114/2011 [8J ORDINANCES FOR 2 ND READING 02/28/2011 o YES City Manager The State of Colorado has revised its fine schedule for overweight violations for commercial vehicles traveling
on state and federal highways. As a result, the City of Wheat Ridge Code of Laws, Section 13-6, Safety Standards and Specifications, has fallen well behind the state's fine schedule.
In addition, a comparison study of three other Jefferson County municipalities revealed that Wheat Ridge is well behind the fine schedules adopted by those jurisdictions as well. PRIOR
ACTION: The City of Wheat Ridge last revised the municipal fine schedule for these violations in 1997. FINANCIAL IMPACT: The Crime and Traffic Team (CA IT) conducts commercial vehicle
weight and safety inspection checkpoints on regular duty time as a scheduled workday event. Less than 2% of the citations issued have resulted in court appearances in 20 10. Adopting
the Colorado state fine schedule would increase revenues generated from fines, and those fines would be transferred to the City'S General Fund.
Amending Article V of the Code of Laws (Overweight Vehicle Schedule) February 28, 20 II Page 2 BACKGROUND: The City of Wheat Ridge has a significant amount of commercial vehicle traffic
traveling along the 1-70 corridor and on the state highways, which traverse our City. Overweight vehicles present a significant safety hazard to other motorists because of their weight,
which also causes additional wear to critical safety items like brakes. In addition, overweight vehicles cause additional damage to our roadway infrastructure. The Police Department
regularly conducts commercial vehicle weight and safety checkpoints in conjunction with Colorado Department of Revenue Port of Entry personnel. Eight of these checkpoints were conducted
in 20 I O. A comparison study of surrounding municipalities showed that most local communities have taken steps to increase fines associated with overweight commercial vehicles. The
City of Lakewood adopted a fine schedule in accordance with the fines set forth by the state. Fines over and above the $999 limit are written into Jefferson County Court; 50% of the
fine is then returned to the City. The City of Westminster is in the process of revising their fine schedule to be in accordance with the state fme schedule, with the same $999 limit
provision as Lakewood. Lastly, the City of Arvada revised their fine schedule in 2006, and is in the process of revising their schedule again to reflect the state fines, with the same
$999 limit provision. RECOMMENDATIONS: It is recommended that City Council consider and approve an amendment to Section 13-6, Safety Standards and Specifications, increasing the fine
schedule for overweight commercial vehicles based on the State of Colorado's fine schedule. RECOMMENDED MOTION: "I move to approve Council Bill No. 04-20 II , an ordinance amending Section
\3 -6 (D) of the Wheat Ridge Code of Laws concerning penalty assessment fines for excess vehicle weight violations on second reading, and that it take effect 15 days after final publication."
Or, "I move to postpone indefinitely Council Bill No. 04-2011 , an ordinance amending Section \3-6 (D) of the Wheat Ridge Code of Laws concerning penalty assessment fines for excess
vehicle weight violations for the following reason(s) " REPORT PREPARED/REVIEWED BY: Tracy Wardell, Sergeant, Patrol Operations Division Daniel G. Brennan, Chief of Police ATTACHMENTS:
I. Revised Ordinance, Section \3-6 (0) of the Wheat Ridge Code of Laws 2. Staff Report of January 13,2011
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SANG Council Bill No. 04 Ord i nance No. :-c::c::--:-:--Series of 2011 TITLE: AN ORDINANCE AMENDING SECTION 13-6(D) OF THE
WHEAT RIDGE CODE OF LAWS CONCERNING PENALTY ASSESSMENT FINES FOR EXCESS VEHICLE WEIGHT VIOLATIONS WHEREAS, the City of Wheat Ridge (the "City"), acting through its City Council (the
"Council"), has authority to enact ordinances for the protection of public health, safety and welfare; and WHEREAS, exercising this authority, the Council has previously enacted Chapter
13 of the Wheat Ridge Code of Laws (the "Code") concerning the regulation of motor vehicles and traffic upon roadways within the City; and WHEREAS, Section 13-6(d) of said Chapter 13
sets forth a fine schedule that applies to penalty assessments issued for violating City laws concerning maximum wheel and axle loads and maximum gross vehicle weight; and WHEREAS, the
state of Colorado has established a similar fine schedule for violations of the same offenses under state law; and WHEREAS, the state has updated its fine schedule to generally increase
the amounts of penalty assessments and several other jurisdictions neighboring the City have updated their respective fine schedules to mirror the state's fine schedule; and WHEREAS,
the Council finds that it is desirable and in the City's best interest to impose penalties for vehicle weight violations that are uniform with those imposed by the state and neighboring
communities for the same offenses. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Subsection 13-6(d) of the Wheat Ridge Code of Laws,
concerning penalty assessments issued for violations of maximum vehicle weight restrictions, is hereby amended as follows: (d). Excess weight-Penalty assessment. Any person who pleads
guilty or is convicted of violating the weight limitations of either section 507 or section 508 of the Model Traffic Code, as amended, shall be subject to the penalties of subsection
(b) of this section and for each axle and/or gross weight violation an additional penalty assessment fine according to the following schedule: Attachment 1
Excess Weight Penalty Assessment io EQI.mds Eioe 8mQI.mt 1 tQ 999 S4Q QQ 1 QQQ tQ 1 2QQ .5Q.QQ 1 2Ql tQ 1 4QQ l5.QQ 1 4Ql tQ 1 6QQ lQQ QQ 1 6Ql tQ 1 8QQ 125 QQ 1 8Ql tQ 2 QQQ 15Q QQ
2 QQl tQ 2 2QQ 1Z5 QQ 2 2Ql tQ 2 4QQ 2QQ QQ 2 4Ql tQ 2 6QQ 225 QQ 2,6Ql tQ 2 8QQ 25Q QQ 2 8Ql tQ 3 QQQ 2Z5 QQ 3 QQl lQ 32QQ 3QQ QQ 3 2Ql tQ 3 4QQ 325 QQ 3 4Ql tQ 3 6QQ 35Q QQ 36Ql tQ
3 8QQ 3Z5 QQ 3 8Ql tQ 4 QQQ 4QQ QQ 4 QQl tQ 4 2QQ 425 QQ 4 2Ql tQ 4 4QQ 45Q QQ 4,4Ql tQ 4 6QQ 4Z5 QQ 46Ql tQ 4 8QQ 5QQ QQ 48Ql tQ 5 QQQ 525 QQ 5 QQl tQ 5 2QQ 55Q QQ 5 2Ql lQ 54QQ 5Z5
QQ 5 4Ql tQ 5 6QQ 6QQ QQ 56Ql tQ 5 8QQ 625 QQ 5 8Ql tQ 6 QQQ 65Q QQ 6 QQl tQ 6 2QQ 6Z5 QQ 6 2Ql tQ 6 4QQ ZQQ QQ 6 4Ql tQ 6 6QQ Z25 QQ MQl tQ 6 8QQ Z5Q QQ 6 8Ql tQ Z QQQ ZI5 QQ Z QQl
tQ Z 2QQ 8QQ QQ Z 2Ql tQ Z 4QQ 825 QQ Z 4Ql tQ Z 6QQ 85Q QQ Z 6Ql tQ Z 8QQ 8Z5 QQ
I 801 to 8 000 90000 8001 to 8 200 92500 8200 to 8 400 95000 8401 to 8 600 9I500 8601 to 8 800 100000 ~*6ess Wei!jRt ~eRalty iR ~eIJRGS AsSeSSR'leRt FiRe AR'leIJRt ~ te J ,QQQ $ §Q.QQ
J , QQ~ te 4 , ~§Q e&.-OO 4,~§~ te 4,§QQ 00..00 4 , §Q~ te 4,7§Q Q&..OO 4,7§~ te §,QQQ ~ ~ Q.QQ §,QQ~ te §,~§Q ~~§ . QQ §,:!§~ te §,§QQ ~4QQQ § , §Q~ te §,7§Q ~§§ . QQ § , 7§~ te 6 ,QQQ
17Q.QQ 6 , QQ~ te 6 ,:!§Q ~8a . QQ 6 , ~§~ te 6 ,§QQ ~~Q . QQ 6 , aQ~ te 6,7aQ :!J§ .QQ 6,7a~ te 7 ,QQQ :!6Q.QQ 7 , QQ~ te 7,~aQ ~8a . QQ 7 , :!§~ te 7,aQQ J~a . QQ 7,aQ~ te 7,7aQ J6a.QQ
7 ,7 §~ te 8 ,QQQ 4Qa.QQ 8 , QQ~ te 8 , ~aQ 44§.QQ 8 , :!a~ te 8,aQQ 49a.QQ 8 , aQ~ Ie 8,7aQ a4a.QQ 8 , 7a~ Ie 9 ,QQQ a9aQQ 9 , QQ~ Ie 9 ,:!aQ 64aQQ
Q , :1§~ te Q,§QQ 7Q§.QQ Q , §Q~ te Q,7§Q 7€i§.QQ Q , 7§~ te ~Q , QQQ 8:1§.QQ ~Q , QQ~ te 88§.QQ ~Q , :1§Q ~Q , :1§~ te Q:1Q.QQ ~Q , §QQ 1Q , §Q~ te Q§§.QQ ~Q , 7§Q 1Q , 7§~ te QQQ.QQ
~ ~ ,QQQ ~ ~ , QQ~ aRE! e'/eF QQQ.QQ Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power
of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and
for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained.
Section 3. 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 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 JL to ~ on this 14th day of February, 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 February 28, 2011 , at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 28th day of February, 2011 . SIGNED by the Mayor on this ___ day of ________ " 2011. ATTEST: Michael
Snow, City Clerk First Publication: February 17, 2011 Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl, City Attorney
.... ~ A " ~ _ ~ City of ~Wheat!Zl.-dge ~OLlCE DEPARTMENT Memorandum TO: Mayor DiTullio and City Council THROUGH: Patrick Goff, City Manager FROM: Daniel Brennan, Chief of Police DATE:
January 13, 20 II SUBJECT: Revision of the City Fine Schedule Concerning Overweight Commercial Vehicle Fines ISSUE The State of Colorado has revised its fine schedule for overweight
violations for commercial vehicles traveling on State and Federal Highways. As a result, the City of Wheat Ridge Code of Laws, Section 13-6, Safety standards and specifications, has
fallen well behind the State's fine schedule. In addition, a comparison study of three other Jefferson County municipalities revealed that Wheat Ridge is well behind the fine schedules
adopted by those jurisdictions as well. PRIOR ACTION: The City of Wheat Ridge last revised the municipal fine schedule for these violations in 1997. FINANCIAL IMPACT: The Crime and Traffic
Team (CA IT) conducts commercial vehicle weight and safety inspection checkpoints on regular duty time as a scheduled workday event. Less than 2% of the citations issued have resulted
in court appearances in 20 I O. Adopting the State fine schedule would increase revenues generated from fines and those fines transferred to the City's General Fund. BACKGROUND: The
City of Wheat Ridge has a significant amount of commercial vehicle traffic traveling along the [-70 corridor and on the State highways, which traverse our city. Overweight vehicles present
a significant safety hazard to other motorists, because of their weight, which also causes additional wear to critical safety items like brakes. In addition, overweight vehicles cause
additional damage to our roadway infrastructure. The Police Department regularly conducts commercial vehicle weight and safety checkpoints in conjlmction with the Colorado Department
of Revenue Port of Entry personnel. Eight of these checkpoints were conducted in 2010, resulting in the following: I. Two hundred and sixty-nine trucks were weighed and/or inspected
in 20 I 0, an average of 33.6 trucks per day. 2. Two hundred and sixty-four violations were cited, an average of 1.01 violation per commercial vehicle. Attachment 2
Staff Report: Revision of the City Fine Schedule Concerning Overweight Commercial Vehicle Fines January 13, 20 II Page 2 of2 3. These violations generated $29,508 in fines in 2010. 4.
While the number of checkpoints has doubled in an effort to address safety issues with commercial vehicles, there has been no reduction in the number of safety and weight violations
cited due to the additional enforcement efforts. 5. Nationally, data shows that commercial vehicles account for a significant number of traffic accidents and the need for local municipalities
to increase education and enforcement efforts related to safety and weight violations remains a priority .. A comparison study of surrounding municipalities showed that surrounding communities
have taken steps to increase fines associated with overweight commercial vehicles. The City of Lakewood adopted a fine schedule in accordance with the filles set forth by the State.
Fines over and above the $999 limit are written into County Court, 50% of the fine is then returned to the city. The City ofWes!minster is in the process of revising their fine schedule
to be in accordance with the State fine schedule, with the same $999 provision as Lakewood. Lastly, the City of Arvada revised their fine schedule in 2006, and are in the process of
revising their schedule again to reflect the State fines, with the same $999 provision. ALTERNATIVES Department staff considered several alternatives regarding this topic to include:
I. The Police Department could continue its operations with the current fine schedule. Our fines would be behind the State fine schedule and not reflective of fine schedules in surrounding
communities. This is a cost neutral approach for the City. 2. The Department could discontinue commercial vehicle weight and safety checkpoints. Staff does not recommend this approach.
The Department's education and enforcement strategies along the 1-70 corridor and high accident locations has resulted in a reduction of property damage, serious injury and fatal accidents.
4. Approve the updated fine schedule. The Police Department recommends that City Council consider and approve an increase in the fine schedule for overweight commercial vehicles based
on the State of Colorado's fine schedule. RECOMMENDATION The Police Department is seeking City Council direction specific to developing an ordinance revising the fine schedule for overweight
commercial vehicles. Staff recommends City Council approve this recommendation. Report Prepared By: Tracy Wardell, Sergeant Crime and Traffic Team ATTACHMENTS: Wheat Ridge Code of Laws,
Section 13-6 Comparison Table of Proposed Fine Schedule
, I o ARTICLE 1. -IN GENERAL Page 1 of2 Sec. 13-6. -Safety standards and specifications. (a) Adopted. The "Rules and Regulations Governing the Safety Standards and Specifications of
All Commercial Vehicles," as promulgated by the Colorado Department of Public Safety, and as the same may be amended from time to time, are hereby adopted. Copies of said rules and regulations
are available for inspection at the office of the city cieri<. (b) Penalties. Any person, finm or corporation violating any of the provisions of subsection (a) of this section or Part
5 of the Model T rafflc Code for Colorado Municipalities, as amended, upon a plea of guilty or no contest, or upon a conviction thereof, shall be fined in a sum not to exceed nine hundred
ninety-nine dollars ($999.00) for each violation. In the allematlve, any person, finm or corporation violating any of the provisions of subsection (a) of this section or Part 5 of the
Model Traffic Code, as amended, may be fined a penalty assessment fine of seventy-five dollars ($75.00) for each violation. Each and every day which a violation is permitted to exist
shall constitute a separate and distinct offense. The penalties herein shall not preclude the city from initiating any other action to abate or prevent the occurrence of any violation
of the provisions speCified in this section. (e) Immobilization. Police officers are hereby authorized to immobilize, impound or otherwise direct the dlspositlon of commercial vehicles
when it is determined that the motor vehicle or operation thereof is unsafe and when such immobilization, Impoundment or disposition is appropriate under the "Rules and Regulations Govenilng
the Safety Standards and Specifications of All Commercial Vehicles," as promulgated by the Colorado Department of Safety, and as the same may be amended from time to time. (d) Excess
welght-Penaltyassessmen/. Any person who pleads guilty or Is convicted of violating the weight limitations of either section 507 or section 50B of the Model Traffic Code, as amended,
shall shall be subject to the penalties of subsection (b) of this section and for each axle andlor gross weight violation an additional cenaltv assessment fine accordinQ to the followiml
SChedule: Excess WeIght Penalty Assessment in Pounds Fine Amount 1 to 3,000 S 50,00 3,001 to 4,250 65.00 4,251 to 4,500 80.00 4,501 to 4,750 95,00 4,751 to 5,000 110.00 5,001 to 5,250
125.00 5,251 to 5,500 140,00 5,501 to 5,750 155,00 5,751 to 6,000 170.00 6,001 to 6,250 185.00 6,251 to 6,500 210.00 6,501 to 6,750 235,00 6,751 to 7,000 260.00 7,001 to 7,250 285,00
7,251 to 7,500 325.00 7,501 to 7,750 365.00 7,751 to 8,000 405.00 8,001 to 8,250 445,00 8,251 to 8,500 495,00 8,501 to 8,750 545.00 8,751 to 9,000 595,00 9,001 to 9,250 645,00 http://library.municode
.comlHTMUl1707IleveI3IPTIICOLA_CH13MOVETR_ AR TlIN... 01113120 II
ARTICLE I. -IN GENERAL Page 2 of2 9,251 to 9,500 705.00 9,501 to 9,750 765.00 9,751 to 10,000 825.00 10,001 to 10,250 885.00 10,251 to 10,500 920.00 10,501 to 10,750 955.00 10,751 to
11,000 990.00 11,001 and over 999.00 " (Ord. No. 1990·842, § 3, 9·24-90; Ord. No. 1996-1063, § 1, 1~1J·97) (j http://library.municode.comlHTMUI[707Ileve13IPTIICOLA-CH[3MOVETR-ARTIlN...
01/[3/2011
CURRENT SCHEDULE PRDPOSED MUNICIPAL FINE SCHEDULE for OVOlW8ight Axle Loads (BSOO lb. max) Excess Weight In Penalty Assessment Fine Excess Weight Penalty Assessment Pounds Amount in
Pounds Fine Amount i 1 to 3,000 $ 50.00 1 to 999 $40.00 3,001 to 4,250 65,00 1,000 Ie 1,200 50.00 4,251 to 4,500 80.00 1,201 to 1,400 75.00 4,501 to 4.750 95.00 1,401 Ie 1,600 100.00
4,751 to 5,000 110.00 1,601 to 1,800 125.00 5,001 to 5,250 125,00 1,801 to 2,000 150.00 5,251 to 5,500 140.00 2,001 to 2,200 175.00 5,501 to 5,750 . 155.00 2,201 to 2,400 200,00 5,751
to 6,000 170.00 2,401 Ie 2,600 225.00 6,001 to 6,25P 185.00 2,601 Ie 2,800 250.00 6,251 to 6,500 210.00 2,801 to 3,000 275,00 6,501 to 6,750 235,00 3,001.103,200 300.00 6,751 to 7,000
260.00 3,201 to 3,400 325.00 7,001 to 7,250 285.00 3,401 to 3,600 350.00 7,251 to 7,500 325.00 3,601 to 3,600 375.00 7,S01 to 7,7SO 365,00 3,801 to 4,000 400.00 7,751 to 8,000 405.00
4,001 to 4,200 425.00 8,001 to 8,2SO 445.00 4,201 to 4,400 450.00 8,251 to 6,500 495.00 4,401 to 4,600 475.00 8,S01 to 8,750 545.00 4,601 to 4,800 SOO.OO 8,751 to 9,000 585.00
4,801 to 5,000 525.00 9,001 to 9,250 645.00 5,001 to 5,200 550.00 9,251 to 9,500 705.00 5,201 to 5,400 575.00 9,S01 to 9,750 785.00 5,401 to 5,600 600.00 9,751 to 10,000 625.00 5,601
to 5,800 625.00 10,001 to 10,250 865.00 5,601 to 6,000 650.00 10,251 to 10,500 920.00 6,001 to 6,200 675.00 10,501 to 10,750 955.00 6,201 to 6,400 700.00 10,751 to 11,000 990,00 6,401
to 6,600 725.00 11,001 and over 999.00 6,601 to 6,800 750,00 6,801 to 7,000 775.00 7, 001 to 7,200 800.00 7, 201 to 7,400 825.00 7,401 to 7,600 850.00 7,601 to 7,800 876.00 7,801 to
8,000 900.00 8,001 to 8,200 925.00 8,200 to 8,400 850.00 .8:401 to 8,600 97MO o 8,601 to 8,800 1,000.00 .. -~-. -~----.--.. -.-~-.-.. ~~'~~.
... ~ A # ~ . • City of ? WheatR;L.dge ITEMNO:L DATE: February 28, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 5-2011 -AN ORDINANCE AMENDING SECTION 2-59 OF THE WHEAT
RIDGE CODE OF LAWS, CONCERNING THE MEMBERSHIP AND POWERS OF THE BUILDING CODE ADVISORY BOARD ~ PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS QUASI-JUDICIAL: o ORDINANCES FOR I ST READING
02/14/2011 ~ ORDINANCES FOR 2ND READING 02/28/2011 DYES ~ NO Lt,~./; ... (p7 City Attorney ISSUE: Consideration of whether the membership and duties of the Building Code Advisory Board
should be altered to provide for more flexib ility in reviewing the decisions ofthe Building Official. PRIOR ACTION: None FINANCIAL IMPACT: The Building Code Advisory Board will likely
be required to hold more meetings to accommodate the appeals permitted by the ordinance. These meetings will result in an incremental increase in associated costs (packet production,
building facilities and staffing). BACKGROUND: This ordinance concerns the creation and membership of the Building Code Advisory Board (the "Board"). The criteria for decisions of the
Board should be broadened to include economic hardship, within the limitations that such decisions not violate law.
Council Action Form February 28, 2011 Page 2 This ordinance strengthens the appeal rights of applicants, allowing decisions of the building official to be overturned even when his ruling
correctly reflects the code. In addition the five person board with a three member quorum creates a large pool of board members; the low quorum gives the highest likelihood of quick
review, minimizing applicant delays. RECOMMENDATION: Adopt Council Bill Number 05-2011, amending Section 2-59 of the Wheat Ridge Code of Laws. RECOMMENDED MOTION: "I move to adopt Council
Bill No. 05-2011. an ordinance amending Section 2-59 of the Wheat Ridge Code of Laws concerning the membership and powers of the Building Code Advisory Board, on second reading, and
that it take effect 15 days after publication. Or, "I move to postpone indefinitely Council Bill No. 05-20 II, an ordinance amending Section 2-59 of the Wheat Ridge Code of Laws concerning
the membership and powers of the Building Code Advisory Board for the following reason(s) " REPORT PREPARED BY: Gerald Dahl, City Attorney ATTACHMENTS: I. Council Bill No. 05-2011
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER REINHART Council Bill No. 05 Ordinance No. =-:--:--__ Series 2011 TITLE: AN ORDINANCE AMENDING SECTION 2-59 OF THE WHEAT RIDGE
CODE OF LAWS, CONCERNING THE MEMBERSHIP AND POWERS OF THE BUILDING CODE ADVISORY BOARD 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, the City Council has exercised these powers by the adoption of Chapter 2 of the Wheat Ridge Code of Laws ("Code") concerning
administration, and including the creation and membership of a Building Code Advisory Board (the" Board"); and WHEREAS, The City Council wishes to permit flexibility in filling vacancies
on the Board within the constraints imposed by the City's Home Rule Charter and Section 2-53 of the Code; and WHEREAS, the City Council wishes to amend the review criteria applied by
the Board in its decision-making process. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 2-59 of the Wheat Ridge Code of Laws
is hereby amended to read in its entirety as follows: (a) There is hereby established a building code advisory board in order to determine the suitability of alternate materials and
methods of construction and to provide for reasonable interpretation of the provisions of the "INTERNATIONAL Uniform Building Code," AS ADOPTED BY SECTION 5-76 OF THIS CODE. (b) The
building code advisory board shall have the authority and obligation to propose, revise, and annually review provisions for energy conservation in buildings for the city, AND SHALL HAVE
SUCH OTHER DUTIES AS SET FORTH IN THIS CHAPTER. (c) The board shall consist of FIVE (5) members, ONE APPOINTED FROM EACH OF THE FOUR COUNCIL DISTRICTS, AND ONE AT-LARGE MEMBER, ALL OF
WHOM SHALL BE qualified by experience and trained to pass upon matters pertaining to building construction aR4. THE BOARD shall Attachment 1
have representatives from the following categories as regular members of the board: one (1) licensed engineer; one (1) licensed architect; one (1) builder; and two (2) members from fields
related to the construction industry. The alternate members of the building code advisory board may be members from any fields related to the construction industry. ALTERNATES MAY BE
APPOINTED TO FILL VACANCIES IN THE REGULAR MEMBERSHIP OF THE BOARD. IN THE EVENT THERE ARE NOT SUFFICIENT QUALIFIED CANDIDATES FROM THE REQUIRED FIELDS TO FILL ANY VACANCY ON THE BOARD,
THE CITY COUNCIL SHALL BE PERMITTED TO APPOINT ANY OTHERWISE QUALIFIED PERSON FROM ONE OF THE OTHER FIELDS TO FILL SUCH VACANCY. A QUORUM SHALL CONSIST OF THREE (3) MEMBERS INCLUDING
ANY ALTERNATE SERVING IN THE ABSENCE OF A REGULAR MEMBER. (d) The board shall have the alJthority to review AN APPEAL FROM any written final decision of the chief building inspector
lJ130n the '.witten FO€llJest of the a1313lioant within ten (10) aays of the aeoision l3y filin!:! slJoh a1313eal with the I3lJilain!:! ae13artment AT ITS NEXT REGULARLY SCHEDULED MEETING,
BUT NOT EARLIER THAN FIVE (5) DAYS FROM THE DATE OF SUBMISSION OF THE APPEAL. ANY SUCH APPEAL SHALL BE MADE IN WRITING WITHIN TEN (10) DAYS OF THE FINAL WRITTEN DECISION OF THE CHIEF
BUILDING OFFICIAL upon the building division forms designated for such purposes. The board shall not have the authority to recommend decreasing public safety. or fire resistive stanaarEls
set forth in any oity orainanoe. Where s13eoifio materials, tY13es of oonstrlJotion or fire FOsistive 13ro13erties are re€llJirea, slJoh re€llJirements shalll3e the minimlJm re€llJirements,
ana any materials, tY13es of oonstrlJotion or fire resistive 13roteotion ' .... hioh ' .... ill affora an e€llJal or !:!reater ae!:!ree of safely or resistanoe to fire as s13eoifiea
in oily orainanoes may l3e reoommenaea (e) Procedures for hearing of appeals from written decisions of the chief building inspector shall be pursuant to subsection (d) above. In all
hearings the petitioner shall have the opportunity to appear on his own behalf, with or without the assistance of legal counsel, present evidence in his own behalf, and cross-examine
witnesses presented against him. The building inspection division shall be given the opportunity to present evidence at all hearings. (f) The building code advisory board shall have
the authority to promUlgate rules and regulations for the conduct and standards of review to be applied in all appeals to the board from written aeoisions of the ohief I3lJilain!:! ins13eotor.
(g) THE BOARD SHALL HAVE THE RIGHT TO OVERTURN DECISIONS ON THE BASIS THAT THE DECISION CAUSES UNDUE ECONOMIC HARDSHIP, PROVIDED SUCH DECISION DOES NOT DECREASE THE PUBLIC SAFETY NOR
VIOLATE COUNTY, STATE OR FEDERAL LAW. -2-
(h) THE BOARD MAY PROVIDE, WITH RESPECT TO ANY DECISION MADE BY THE BOARD OR PORTION THEREOF, THAT SUCH DECISION OR PORTION SHALL HAVE GENERAL APPLICABILITY WITHIN THE CITY ON THE MATTERS
THEREIN ADDRESSED, AND THAT THE SAME SHALL CONSTITUTE A REGULATION OF THE BOARD AND OF THE CITY. Section 2. Severability. Conflicting Ordinances Repealed. If any section, subsection
or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby.
All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen
(15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to L on this 14th day of February, 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 February 28, 2011, at 7:00 p.m.,
in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2011. SIGNED by
the Mayor on this __ day of _____ , 2011 . ATTEST: Michael Snow, City Clerk First Publication: February 17, 2011 Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio,
Mayor Approved as to Form Gerald E. Dahl, City Attorney -3-
, ., ~' _ Y City of. p WheatRL..dge lTEMNO:l DATE: February 28, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 06-2011 AN ORDINANCE AMENDING ARTICLE 11 OF THE WHEAT RIDGE
CODE OF LAWS BY ADDING A NEW ARTICLE XII CONCERNING MEDICAL MARIJUANA AND MAKING CERTAIN AMENDMENTS TO CHAPTER 26 (ZONING AND DEVELOPMENT) IN ASSOCIATION THEREWITH o PUBLIC HEARING o
BIDSIMOTIONS o RESOLUTIONS QUASI-JUDICIAL: City Attorney ISSUE: ~ ORDINANCES FOR 1ST READING 02128/2011 o ORDINANCES FOR 2 ND READING 03/1412011 ~ YES o NO City Manager On September
14, 2009, Council adopted Ordinance 1453, Series 2009, which enacted a moratorium on the issuance or consideration of any City license or permit concerning medical marijuana business
operations. This moratorium was twice extended to allow the state to adopt laws and regulations concerning the activities of medical marijuana business operations. In 2010, the General
Assembly enacted the Colorado Medical Marijuana Code (C.R.S. §§ 12-43.3-101 et seq.) authorizing the state to license and regulate the sale, distribution, cultivation, growth and manufacture
of medical marijuana and medical marijuana-infused products throughout the state. The Code named the Colorado Department of Revenue ("DOR") as the state's licensing authority and further
authorized the DOR to adopt rules that would further implement provisions of the Code. The attached Ordinance regulates and licenses medical marijuana businesses seeking to operate in
the City, the appropriate zoning for those businesses and the regulation and licensing of primary caregivers who seek to grow medical marijuana in the City. The provisions in this ordinance
are consistent with state law. V:IFormslCAFtempiate
Council Action Form February 28, 2011 Page 2 PRIOR ACTION: Council adopted Ordinance 1453, Series 2009, on September 14, 2009 as an emergency ordinance. Ordinance 1453 enacted a temporary
ninety (90) day moratorium on the issuance or consideration of any City license or permit concerning medical marijuana dispensaries. Council adopted Ordinance 1457, Series, 2009, on
second reading on November 23, 2009. Ordinance 1457 extended the moratorium in Ordinance 1453 for an additional ninety (90) days. Council adopted Ordinance 1459, Series 2010, on second
reading on March 8, 2010. Ordinance 1459 extended the moratorium in Ordinance 1453 until July 13, 20 I O. Council adopted Ordinance 1466, Series 20 I 0, on second reading on June 28,
20 I O. Ordinance 1466 extended the moratorium in Ordinance 1453 until the effective date of the rules concerning medical marijuana that are currently under consideration by the Colorado
Department of Revenue. FINANCIAL IMP ACT: The financial impact for the City is unknown. However, the City may begin receiving permit and/or license fees for new applications concerning
medical marijuana businesses and primary care-gIvers. BACKGROUND: In November 2000, the people of the State of Colorado adopted Amendment 20 which amended the Colorado Constitution by
adding Article XVIII Section 14 thereto. Under Amendment 20, certain persons are protected from criminal prosecution under state law for the acquisition, possession, production, use
or transportation of marijuana for medical purposes. Amendment 20 does not protect those persons from criminal prosecution under federal law. In 2009, due to certain announcements by
the United States Attorney General and rule making by the Colorado Department of Public Health and Environment, Colorado communities saw an increase in establishments operating as "medical
marijuana dispensaries." Amendment 20 does not discuss "medical marijuana dispensaries" or the retail or for profit sale of medical marijuana. The City enacted a moratorium to allow
the state to develop laws regulating medical marijuana business operations. On May 12, 2010, the General Assembly adopted House Bill 10-1284 concerning the regulation of the sale, distribution,
cultivation, growth and manufacture of medical marijuana and medical marijuana-infused products. This bill was signed into law by the Governor on June 7, 2010. The bill prohibited primary
caregivers from selling medical marijuana for a profit and imposes numerical limits on the number of patients for whom those caregivers can lawfully provide services under Amendment
20. In conjunction with limiting the application of the provisions in Amendment 20, House Bill 10-1284 enacted the Code which created a new state and local licensing model for medical
marijuana business operations. The Code authorized municipalities to adopt or extend moratoria to allow the DOR to adopt rules further implementing the Code. The final draft of those
rules was published for public comment
Counci l Action Form Febrllury 28,20 I I Page 3 that ended on February I I, 20 I I. As of the date of this RFCA, the DOR had not yet set a date for final implementation or adoption of
those rules. At a study session on November 15,20 I 0, Council provided direction to staff concerning the extent to which the City should regulate medical marijuana business operations.
At that study session, Council also directed staff to draft regulations concerning primary caregivers who cultivate medical marijuana. This Ordinance has been drafted in accordance with
those recommendations and state law. The Ordinance authorizes the City's tax and licensing division to act as the City's local licensing authority. The tax and licensing divi sion will
be authorized to issue three types of medical marijuana business licenses including: I) medical marijuana center licenses (i.e. retail outlets), 2) optional premises cultivation opcration
licenses (i.e. grow facilities) and 3) medical marijuana infused products manufacturer licenses. All medical marijuana businesses will be authorized to operate in the Light Commercial
(C-I) and Industrial (I) zone di stricts. However, these businesses will be prohibited from operating within 1000 feet of any school, alcohol or drug treatment facility, college or residential
child care facility. Medicalmarijllana centers will be fUliher prohibited from being located within three qua!iyrs of a mile of any other licensed medical marijuana center. The Ordinance
also adopts a veliical integration model for cultivation operations. This means that those operations are only authorized in the City to the extent that the applicant for such license
also operates a licensed medical marijuana center or infused products location within the City. The licensed location for a grow operation must be contiguous to the location at which
the applicant operates its medical marijuana center or infused product manufacturing facility. The Ordinance also adopts regulations and licensing requirements for primary caregivers
who grow medical marijuana. Primary caregivers will be required to obtain annual licenses and will be prohibited from growing medical marijuana outdoors. ll1ere are no location limitations
concerning primary caregivers. However, to the extent applicable, primary caregiver license applicants must provide notarized approval from the owner of the property that such cultivation
acti vities are authorized. RECOMMENDATIONS: Planning Commission recommended adoption of this Ordinance by a vote of 6-1 following a public hearing on February 17, 20 II. City staff
recommends adoption of this Ordinance. RECOMMENDED MOTION: " I move to approve Council Bill No. 06-20 II , on first reading, order it published, public hearing set for Monday, March
14,20 11 at 7 p.m. in City Council Chambers, and that it will take effect 15 days after final publication.
Council Action Forl11 February 28, 2011 Page 4 Or, "I move to table indefinitely Council Bill No. 06-?011 adopting regulations concerning medical maJijuana for the following reason(s)
" REPORT PREPARED BY: Gerald E. Dahl, City Attorney ATTACHMENTS: I. Council Bill No. 06-2011 2. January 22, 2010 memorandum fj'Oll1 the City Attorney, Director of Community Developl11ent
and Chief of Police titled "Medical Marijuana Basics." "J . 4. November 3, 2010 memorandum from the City Attorney, Director of Coml11unity Development aJld Chief of Police titled "Medical
Marijuana Licensing and Regulation. " Map # 1, depicting ~ mile separation, 1 OOO-foot buffer, and C-I , C-2 and I zoning districts. 5, Map #2, depicting C-I and 1 zOiling'districts
where the mcdicalmarijuana businesses are proposed to be allowed.
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___ _ Council Bill No. 06 Ordinance No. ___ _ Series 2011 TITLE: AN ORDINANCE AMENDING ARTICLE 11 OF THE WHEAT RIDGE CODE OF
LAWS BY ADDING A NEW ARTICLE XII CONCERNING MEDICAL MARIJUANA AND MAKING CERTAIN AMENDMENTS TO CHAPTER 26 (ZONING AND DEVELOPMENT) IN ASSOCIATION THEREWITH WHEREAS, in the November 2000
general election, the voters of the State of Colorado adopted Amendment 20 to the Colorado Constitution ("Amendment 20"), codified at Article XVIII Section 14, which authorizes and limits
the use of medical marijuana for the treatment of debilitating medical conditions; and WHEREAS, Amendment 20 provides patients and primary care-givers, as those terms are defined therein,
with criminal defenses to, or exceptions from prosecution for the possession, production and use or medical marijuana; and WHEREAS, in May, 2010 the Colorado General Assembly adopted
the Colorado Medical Marijuana Code, §§ 12-43.3-101 et seq., C.R.S., authorizing the cultivation, manufacture, distribution, and sale of medical marijuana and medical marijuana-infused
products throughout the state under state and local government licensing procedures; and WHEREAS, the City Council has been made aware of a proliferation of businesses seeking to cultivate,
manufacture, distribute and sell medical marijuana and medical marijuana-infused products to those who qualify under state law; and WHEREAS, the City has no current land use or business
regulation governing the operation of businesses that cultivate, manufacture, distribute or sell medical marijuana and/or medical marijuana-infused products ("Medical Marijuana Establishments");
and WHEREAS, on September 14, 2009, the City imposed a moratorium on the submission, acceptance, processing, and approval of all applications for City licenses relating to the operation
of Medical Marijuana Establishments to allow the City staff and the City Council to investigate the City's ability to regulate such establishments, and to develop and implement any appropriate
regulations consistent with state law; and WHEREAS, because marijuana is a controlled substance under Colorado and federal law, the cultivation, manufacture, distribution and sale as
contemplated by the Colorado Medical Marijuana Code has the potential for abuse and should be closely monitored and regulated by local authorities to the extent possible; and WHEREAS,
if not closely monitored and regulated, the presence of marijuana, even for the purposes legally permitted by Amendment 20 and the Colorado Medical Marijuana Code, can potentially cause
an increase in illegal activities within the City Attachment 1
affecting the health, safety, order, comfort, convenience and general welfare of the residents of the City; and WHEREAS, if Medical Marijuana Establishments operating pursuant to the
Colorado Medical Marijuana Code were allowed to be established and to operate without appropriate local regulation of their location, such establishments might be established in areas
that would conflict with the City's comprehensive land use plan; be inconsistent with surrounding uses; or otherwise be detrimental to the public health, safety and welfare. NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Moratorium Concluded. The moratorium imposed by Ordinance 1453 on September 14, 2009 shall conclude
upon the effective date of this ordinance. Section 2. Chapter 11 of the Wheat Ridge Code of Laws is hereby amended by the adoption of a new Article XII to read in its entirety as follows:
Sec. 11-290. Sec. 11-291. Article XII. Medical Marijuana Licenses Division 1. Generally Authority Definitions Division 2. Medical Marijuana Licenses Sec. 11-292. Local licensing authority
established Sec. 11-293. Types of medical marijuana licenses Sec. 11-294. Medical marijuana license required Sec. 11 -295. Application of Colorado Medical Marijuana Code Sec. 11-296.
Application for license Sec. 11-297. Application fee Sec. 11-298. Standards for approval of license, no hearing required Sec. 11 -299. Authority to recommend and impose conditions on
license. Sec. 11 -300. Denial of license. Sec. 11 -301 . Appeal of denial or conditional approval of license Sec. 11 -302. Duration of license, renewal Sec. 11-303. Duties of licensee
Sec. 11 -304. Hearing, suspension, revocation of license Sec. 11-305. Prohibited locations Sec. 11-306. Signage Sec. 11 -307. Taxes Sec. 11 -308. Penalties, injunctive relief Secs. 11-309-11-319.
Reserved 2
Sec. 11 -320. Sec. 11-321. Sec. 11-322. Sec. 11-323. Sec. 11-324. Sec. 11-325. Sec. 11-326. Sec. 11-327. Sec. 11-328. Sec. 11-329. Sec. 11-330. Sec. 11-331. Division 3. Primary Caregiver
Licenses Primary caregiver license required Application for license Application fee Standards for approval of license Authority to recommend and impose conditions on license Denial of
license. Appeal of denial or conditional approval of license Duration of license, renewal Duties of licensee Hearing, suspension, revocation of license Growing of medical marijuana outdoors
prohibited Penalties, injunctive relief DIVISION 1. GENERALLY Sec. 11-290. Authority. The City Council hereby finds, determines, and declares that it has the power to adopt this article
pursuant to: (a) The Local Government Land Use Control Enabling Act, article 20 of title 29, C.RS.; (b) Part 3 of article 23 of title 31 , C.RS. (concerning municipal zoning powers);
(c) Section 31-15-103, C.RS. (concerning municipal police powers); (d) Section 31-15-401, C.RS. (concerning municipal police powers); (e) Section 31-15-501, C.RS. (concerning municipal
authority to regulate businesses); (f) The authority granted to home rule municipalities by article XX of the Colorado Constitution; (g) Article XVIII Section 14 of the Colorado Constitution;
and (h) The powers contained in the Wheat Ridge Home Rule Charter. Sec. 11-291. Definitions. As used in this article the following words shall have the following meanings, unless the
context clearly requires otherwise: Administrative hearing officer has the meaning provided in section 2-87 of this code. Applicant means any person making an application for a license
under this article. 3
Application means an application for license submitted pursuant to this article. City Manager shall have the meaning provided in section 2-26 of this code. Colorado Medical Marijuana
Code shall mean Article 43.3 of Title 12 of the Colorado Revised Statutes and any implementing administrative regulations. Good cause means and includes (1) When a licensee violates,
does not meet, or fails to comply with any of the terms, conditions, or provisions of this article and any rule and regulation promulgated pursuant to this article or the Colorado Medical
Marijuana Code; (2) When the licensee or applicant has failed to comply with any special terms or conditions that were placed on its license at the time the license was issued, or that
were placed on its license pursuant to an order of the local licensing authority or the Colorado Department of Revenue; or (3) When the licensed premises have been operated in a manner
that adversely affects the public health, welfare, or safety of the immediate neighborhood in which the medical marijuana clinic is located. Evidence to support such a finding can include:
(i) a pattern of disorderly conduct as defined in section 11-54(a)(1) of this code within or immediately adjacent to the premises of the licensee; (ii) a pattern of drug-related criminal
conduct within the licensed premises, or in the immediate area surrounding the licensed premises; (iii) criminal conduct directly related to or arising from the operation of the medical
marijuana establishment.. License means a license to operate a medical marijuana establishment issued pursuant to this article. Licensed premises means the location in the City from
which the Licensee will operate. Licensee means the person to whom a license has been issued pursuant to this article and the Colorado Medical Marijuana Code to operate a business as
described in section 12-43.3-402, C.R.S .. Medical marijuana means marijuana that is grown and sold pursuant to the provisions of the Colorado Medical Marijuana Code for a purpose authorized
by section 14 of the Article XVIII of the Colorado Constitution. Medical marijuana center means a premises licensed pursuant to the Colorado Medical Marijuana Code to operate a business
as described in section 12-43.3-402, C.R.S. Medical marijuana establishment shall mean a medical marijuana center, a medical marijuana-infused product manufacturer or an optional premises
cultivation operation. 4
Medical marijuana-infused product shall mean a product infused with medical marijuana that is intended for use or consumption other than by smoking, including, but not limited to, edible
products, ointments, and tinctures. Medical marijuana-infused product manufacturer shall mean a person licensed pursuant to the Colorado Medical Marijuana Code to operate a business
as described in section 12-43.3-404, C.RS. Optional premises cultivation operation shall mean a premises licensed pursuant to this ordinance and the Colorado Medical Marijuana Code where
a business described in section 12-43.3-403, C.RS will operate. Patient has the meaning provided in section 14(a)(d) of Article XVIII of the Colorado Constitution of the Colorado Constitution
as further defined and regulated in section 25-1.5-106, C.RS. and 5 C.C.R 1006-2. Person means a natural person, partnership, association, company, corporation, limited liability company,
organization, or a manager, agent, owner, director, servant, officer, or employee thereof. Primary care-giver has the meaning provided in section 14(1)(f) of Article XVIII of the Colorado
Constitution as further defined and regulated in section 25-1 .5-106, C.RS. and 5 C.C.R 1006-2. School shall mean a public or private preschool or a public or private elementary, middle,
junior high or high school. (b) In addition to the definitions provided in subsection (a) of this section, the other defined terms in section 14 of Article XVIII of the Colorado Constitution
are incorporated into this article by reference. DIVISION 2. MEDICAL MARIJUANA LICENSES Sec. 11 -292. Local licensing authority established. (a) There is hereby established a local licensing
authority, which shall have and is vested with the authority to: 1. Grant and refuse licenses and approve and deny applications for renewal and transfer of licenses for the sale, cultivation
and manufacture of medical marijuana and medical marijuana infused products; 2. Promulgate reasonable rules and regulations concerning licenses issued under this this division 2; 5
3. Suspend and revoke licenses issued under this division 2 in the matter provided by law; and 4. Have all of the powers of the local licensing authority as provided in the Colorado
Medical Marijuana
Code. (b) The Tax and Licensing Division of the City shall serve as the local licensing authority for any administrative purposes described in subsections (a)(1), (a)(2) and (a)(4) of
this section An administrative hearing officer shall serve as the local licensing authority for purposes of hearing any requests for suspension or revocation described in subsection
(a)(3). Sec. 11-293. Types of medical marijuana licenses. The local licensing authority may issue the following three types of medical marijuana licenses: (a) Medical marijuana center
license; (b) Medical marijuana-infused products manufacturing license; and (c) Optional premises cultivation license. Sec. 11-294. Medical marijuana license required. No person or entity
shall operate a medical marijuana establishment within the City without a valid and appropriate medical marijuana license issued in accordance with this division 2. This requirement
to obtain the appropriate medical marijuana license is in addition to the requirement to obtain a business license pursuant to article II of this chapter and any other license or permit
required by the city. Sec. 11-295. Application of Colorado Medical Marijuana Code. Except as otherwise provided herein, the local licensing authority shall be governed by the Colorado
Medical Marijuana Code now in effect or subsequently amended. In the event of a conflict between the provisions in this article and those in the Colorado Medical Marijuana Code, the
more stringent provision shall apply. Sec. 11-296. Application for license. (a) A person seeking to obtain a license pursuant to this division 2 shall file an application with the local
licensing authority on a form provided by the state, and shall include all additional information required by the Colorado Medical Marijuana Code. (b) The local licensing authority is
hereby authorized to request any applicant to provide information that is in addition to the requirements of the Colorado Medical Marijuana Code if it determines that such information
is reasonably necessary to complete the investigation and review of the application. Sec. 11-297. Application fee. An applicant shall pay to the City a non-refundable application fee
when the application is filed. The purpose of the fee is to cover the administrative costs of processing the application. The amount of the application fee shall be fixed by the City
Council by motion. 6
Sec. 11-298. Standards for approval of license, no hearing required. (a) The local licensing authority is authorized to administratively approve any license under this division 2 so
long as the following conditions are met: 1. The application (including any required attachments and submissions) is complete and signed by the applicant; 2. The applicant has paid the
application fee and any other fees required by this code; 3. The application does not contain a material falsehood or misrepresentation; 4. The application complies with all of the requirements
of this division 2 and the Colorado Medical Marijuana Code; and 5. The licensing authority has received written approval from the City of Wheat Ridge Police Department as to the applicant's
criminal background. 6. The licensing authority has received written approval from the Community Development Department that the location and zoning requirements imposed by this division
2 and Section 26-204 of the Code have been met. (b) The local licensing authority may, but is not required to hold a hearing as permitted by section 12-43.3-302, C.R.S. prior to granting
a medical marijuana license. Sec. 11-299. Authority to recommend and impose conditions on license. (a) Any City department shall have the authority to recommend reasonable terms and
conditions on a license as may be necessary to protect the public health, safety, and welfare, and to obtain compliance with the requirements of this division 2 and applicable law, so
long as those conditions are not in conflict with the Colorado Medical Marijuana Code. (b) The local licensing authority is authorized to approve any license issued under this division
2 subject to such reasonable conditions as required by the City. (c) In the event an application is conditionally approved. the local licensing authority shall clearly set forth in writing
the conditions of approval. Sec. 11 -300. Denial of license. The local licensing authority shall deny an application for a license under this division 2 when the applicant fails to to
meet all of the standards set forth in section 11-298 of this division 2. 7
Sec. 11-301. Appeal of denial or conditional approval of license. (a) An applicant has the right to appeal the denial of an application or condition imposed thereon to an administrative
hearing officer. (b) The applicant must file a written notice of appeal with the local licensing authority within fifteen days after the date of mailing of the denial or conditional
approval of the application. (c) Upon notice from the local licensing authority that the applicant has satisfied the requirement in subsection (b), the City Manager shall appoint an
administrative hearing officer. (d) The applicant shall be provided with not less than ten days' prior written notice of the appeal hearing to be held by the administrative hearing officer.
(e) applicant. The burden of proof in an appeal filed under this section shall be on the (f) If the administrative hearing officer finds by a preponderance of the evidence that the decision
of the local licensing authority was correct, the administrative hearing officer shall uphold that decision. If the administrative hearing officer finds by a preponderance of the evidence
that the decision of the local licensing authority was incorrect, the administrative hearing officer shall set aside the denial and issue the license. The administrative hearing officer
may impose additional conditions on the license issued (if it was previously denied) or require that the conditions of approval be stricken or modified. (g) Any decision made by the
administrative hearing officer pursuant to this section shall be a final decision and may be appealed to the district court pursuant to Rule 106(a)(4) of the Colorado Rules of Civil
Procedure. The applicant's failure to timely appeal the decision is a waiver of the applicant's right to contest the denial or conditional approval of the application. Sec. 11-302. Duration
of license, renewal. (a) Each license issued pursuant to this division 2 shall expire on the first day of the month one year from the month of issuance, and may be renewed as provided
in this section. (b) An application for the renewal of an existing license shall be made to the local licensing authority as required by the Colorado Medical Marijuana Code. At the time
of the filing of an application for the renewal of an existing license the applicant shall pay a renewal fee in an amount fixed by the City Council by motion. Sec. 11-303. Duties of
licensee. Each licensee shall: (a) Post the license in a conspicuous location on the licensed premises; (b) Comply with all of the terms and conditions of the license; 8
(c) Comply with all of the requirements of this division 2; (d) Comply with all other applicable City ordinances; (e) Comply with the Colorado Medical Marijuana Code; (f) Comply with
all state laws and administrative regulations pertaining to the medical use of marijuana; (g) Comply with all applicable federal laws, rules, or regulations, other than a federal law,
rule or regulation concerning the possession, sale or distribution of medical marijuana; (h) Permit inspection of its records and operation by the local licensing authority for the purpose
of determining the licensee's compliance with the terms and conditions of the license and the City's tax laws; and (i) Permit inspection of the premises by authorized City officials
during permitted business hours for the purpose of determining compliance with this division 2. Sec. 11-304. Hearing, suspension, revocation of license. (a) A license issued pursuant
to this division 2 may be suspended or revoked by the local licensing authority after a hearing for the following reasons: 1. Fraud, misrepresentation, or a false statement of material
fact contained in the license application; 2. A violation of any City ordinance, state, or federal law or regulation, other than a federal law or regulation concerning the possession,
sale or distribution of marijuana that conflicts with Article XVIII Section 14 of the Colorado Constitution; 3. A violation of any of the terms and conditions of the license; 4. A violation
of any of the provisions of this article; or 5. Good cause. (b) Request for suspension or revocation, notice of hearing, burden. 1. Any authorized City official may request in writing
that a license issued under this article be suspended or revoked. 2. The City Manager shall appoint an administrative hearing officer to preside over the hearing on the suspension or
revocation of a license. 9
3. The administrative hearing officer shall a. Set a date and time on which to determine whether to revoke or suspend such license; b. Notify the licensee in writing of the date and
time of the hearing at least ten (10) days prior to conducting such hearing. Such notice shall be sent by regular mail postage prepaid. Notice is deemed to have been given upon mailing;
c. Conduct a hearing based on the allegations provided in the written request. This shall be an informal hearing where no rules of evidence shall apply. The burden shall be on the City
to prove by a preponderance of the evidence that the licensee has violated the provisions in subsection 11 -294 (a); and d. Provide a written decision to the licensee within a reasonable
time after the conclusion of the hearing. (c) In deciding whether a license should be suspended or revoked, and in deciding what conditions to impose in the event of a suspension, if
any, the administrative hearing officer shall consider: 1. The nature and seriousness of the violation; 2. Corrective action, if any, taken by the licensee; 3. Prior violation(s), if
any, by the licensee; 4. The likelihood of recurrence; 5. All circumstances surrounding the violation; 6. Whether the violation was willful; 7. The number of previous violations by the
licensee; and 8. Previous sanctions, if any, imposed against the licensee. (d) In connection with the suspension of a license, the administrative hearing officer may impose reasonable
conditions thereon. (e) Any decision made by the administrative hearing officer pursuant to this section shall be a final decision and may be appealed to the district court pursuant
to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The applicant's failure to timely appeal the decision is a waiver of the applicant's right to contest the decision. 10
(f) No fee previously paid by a licensee in connection with the application shall be refunded if such license is suspended or revoked. Sec. 11-305. Prohibited locations. (a) Except as
provided in subsection (f) of this section, no medical marijuana establishment shall be located at a location that does not conform to the requirements of this section. (b) No medical
marijuana center shall be located within one thousand feet of a school, an alcohol or drug treatment facility, or the principal campus of a college, university, or seminary, or a residential
child care facility. (c) No medical marijuana center shall be located within three quarters (%) of a mile of another medical marijuana center. (d) No person shall operate an optional
premises cultivation operation within the City unless the licensed premises of the person's optional premises cultivation operation are contiguous with the licensed premises of the person's
medical marijuana center license and/or the person's medical marijuana-infused products manufacturing license. (e) Each medical marijuana establishment shall be operated from a permanent
location. Except as permitted by the Medical Marijuana Code, no medical marijuana establishment shall be licensed to operate from a moveable, mobile, or transitory location. (f) The
suitability of a location for a medical marijuana establishment shall be determined at the time of the issuance of the first license for such establishment. The fact that changes in
the neighborhood that occur after the issuance of the first license might render the site unsuitable for a medical marijuana establishment under this section shall not be grounds to
suspend, revoke or refuse to renew the license for such establishment so long as the license for the establishment remains in effect. Sec. 11-306. Signage. (a) All signage for a medical
marijuana establishment shall comply with the requirements of chapter 26 of this code. (b) No licensee shall display a sign for the medical marijuana establishment that contains the
word "marijuana," "cannabis," or any other word or phrase commonly understood to refer to marijuana unless such word or phrase is immediately preceded or followed by the word "medical."
Sec. 11 -307. Taxes. Each licensee shall collect and remit sales tax on all medical marijuana, paraphernalia, and other tangible personal property sold by the licensee at the medical
marijuana establishment according to the provisions of chapter 22 of this code and any regulations issued pursuant thereto. 11
Sec. 11-308. Penalties, injunctive relief. (a) It is a misdemeanor offense for any person to violate any provision of this division 2. Any person convicted of having violated any provision
of this division 2 shall be punished as set forth in section 1-5 of this code. (b) In addition to all other remedies available to the city under this code and by law, the operation of
a medical marijuana establishment without a valid license issued pursuant to this division 2 may be enjoined by the City in an action brought in a court of competent jurisdiction. DIVISION
3. PRIMARY CARE-GIVER LICENSE Sec. 11-320. Primary caregiver license required. No primary care-giver shall produce, offer, sell or grow medical marijuana within the City without a valid
and appropriate primary care-giver license issued in accordance with this division 3. Sec. 11-321. Application for license. (a) A person seeking to obtain a primary care-giver license
shall file an application with the Tax and Licensing Division. (b) An application for a primary care-giver license shall contain the following information: 1. The applicant's name, address
and telephone number; 2. The street address of the applicant's operation location; 3. If the applicant is not the owner of the proposed location, a notarized statement from the owner
of such property authorizing the use of said property for the applicant's operation; 4. A statement by the applicant acknowledging that the applicant may be subject to criminal prosecution
under federal law for the distribution of a controlled substance; 5. A statement by the applicant that the applicant is a state approved primary care-giver; 6. A statement by the applicant
that the applicant will provide the Wheat Ridge Police Department the registry identification card number of each of his or her patients upon inquiry; 7. A statement by the applicant
acknowledging that the City accepts no legal liability in connection with the approval and subsequent operation of the medical marijuana establishment; 12
8. A statement by the applicant acknowledging that the provisions in chapter 26 of this code concerning home occupations applies to the activities of a primary care-giver; and 9. Any
additional information that the Tax and Licensing Division reasonably determines to be necessary in connection with the investigation and review of the application. Sec. 11-322. Application
fee. An applicant shall pay to the City a non-refundable application fee when the application is filed. The purpose of the fee is to cover the administrative costs of processing the
application. The amount of the application fee shall be fixed by the City Council by motion. Sec. 11-323. Standards for approval of license. The Tax and Licensing Division is authorized
to approve a primary care-giver license so long as the following conditions are met: (a) The application (including any required attachments and submissions) is complete and signed by
the applicant; (b) The applicant has paid the application fee; and (c) The application does not contain a material falsehood or misrepresentation. Sec. 11-324. Authority to recommend
and impose conditions on license. (a) Any City department shall have the authority to recommend reasonable terms and conditions on a primary care-giver license as may be necessary to
protect the public health, safety, and welfare, and to obtain compliance with the requirements of this division 3 and applicable law. (b) The Tax and Licensing Division is authorized
to approve any primary caregiver license subject to such reasonable conditions as required by the City. (c) In the event an application is conditionally approved, the Tax and Licensing
Division shall clearly set forth in writing the conditions of approval. Sec. 11-325. Denial of license. The Tax and Licensing Division shall deny an application for a primary care-giver
license when the applicant fails to meet all of the standards set forth in section 11-313 of this division 3. Sec. 11-326. Appeal of denial or conditional approval of license. An applicant
has the right to appeal the denial of an application or condition imposed thereon to an administrative hearing officer pursuant to the provisions in code section 11-291 . 13
Sec. 11-327. Duration of license, renewal. (a) Each license issued pursuant to this division 3 shall expire on the first day of the month one year from the month of issuance, and may
be renewed as provided in this section. (b) An application for the renewal of an existing license issued under this division 3 shall be made to the Tax and Licensing Division. At the
time of the filing of an application for the renewal of an existing license the applicant shall pay a renewal fee in an amount fixed by the City Council by motion. Sec. 11-328. Duties
of licensee. Each licensee shall: (a) Comply with all of the terms and conditions of the license; (b) Comply with all of the requirements of this division 3; (c) Comply with all other
applicable City ordinances; (d) Comply with all state laws and administrative regulations pertaining to the medical use of marijuana; (e) Comply with all applicable federal laws, rules,
or regulations, other than a federal law, rule or regulation concerning the possession, sale or distribution of medical marijuana; and (f) Permit inspection of the licensed premises
by authorized City officials at reasonable hours upon a complaint and after providing twenty-four hours written notice to the licensee. Such written notice may be posted on the licensed
premises. Sec. 11-329. Hearing, suspension, revocation of license. A license issued pursuant to this division 3 may be suspended or revoked by the City pursuant to the provisions in
code section 11-294. Sec. 11-330. Growing of medical marijuana outdoors prohibited. No primary caregiver may grow medical marijuana outdoors. Sec. 11-331 . Penalties, injunctive relief.
(a) It is a misdemeanor offense for any person to violate any provision of this division 3. Any person convicted of having violated any provision of this article shall be punished as
set forth in code section 1-5. (b) In addition to all other remedies available to the City under this code and by law, the growing of medical marijuana by an unlicensed primary care-giver
may be enjoined by by the City in an action brought in a court of competent jurisdiction. Section 3. Section 26-123 of the Code, entitled Definitions, is hereby amended by the addition
of the following terms: 14
Medical marijuana center has the meaning provided in Article XII of Chapter 11 of this code. Medical marijuana-infused products manufacturer has the meaning provided in Article XII of
Chapter 11 of this code. Optional premises cultivation operation has the meaning provided in Article XII of Chapter 11 of this code. Section 4. The Table of Uses for Commercial and Industrial
Districts provided for in Section 26-204 of the Code is hereby amended as follows: Uses Notes NC RC C-1 C-2 I Medical and dental Pharmacies and P P P P P offices, clinics or optical
stores laboratories, excluding are accessory substance abuse use clinics MEDICAL P P MARIJUANA CENTERS MEDICAL P P MARIJUANAINFUSED PRODUCTS MANUFACTURERS OPTIONAL P P PREMISES CULTIVATION
OPERATION Mini-warehouses for P P inside storage Section 5. Police Power Finding. The City Council hereby finds, determines, and declares that this Ordinance is necessary and proper
to provide for the safety, preserve the health, promote the prosperity, and improve the order, comfort and convenience of the City of Wheat Ridge and the inhabitants thereof. Section
6. Authority. The City Council hereby finds, determines and declares that it has the power to adopt this Ordinance pursuant to: (i) the Local Government Land Use Control Enabling Act,
Article 20 of Title 29, C.R.S. ; (ii) Part 3 of Article 23 of Title 31 , C.R.S. (concerning municipal zoning powers); (iii) Section 31 -15-103, C.R.S. (concerning municipal police powers);
(iv) Section 31 -15-401 , C.R.S. (concerning municipal police powers); (v) Section 31 -15-501 (concerning municipal power to regulate businesses); (vi) the authority granted to home
rule municipalities by Article XX of the Colorado Constitution; and (vii) the powers contained in the City of Wheat Ridge, Colorado Home Rule Charter (the "Charter"). 15
Section 7. 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 S. 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 , 201 _, 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 , 201_at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to , this day of ,201 . SIGNED by the Mayor on this __ day of _ ____ , 201 _. ATTEST: Michael Snow, City Clerk First Publication: Second Publication: Wheat Ridge Transcript
Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald E. Dahl, City Attorney 16
MEMORANDUM TO: Mayor Jerry DiTullio and City Council THROUGH: Randy Young, City Manager FROM: Gerald Dahl, City Attorney; Dan Brennan, Chief of Police and Ken Johnstone, Director of
Community Development DATE: January 22, 2010 RE: Medical Marijuana Basics How is marijuana legal? In 2000, Colorado voters passed Amendment 20 to the Colorado Constitution, legalizing
the medical use of marijuana. Colo. Const. art. XVIII, § 14. Amendment 20 created an exception to the state's criminal laws for any patient or primary ca re-giver in lawful possession
of a registry identification card to engage or assist in the medical use of marijuana.' Colo. Const. art XVII I, § 14(2)(b). If medical marijuana pa tients or primary ca re-givers are
not in possession of a reg istry identification card but they have a physician's recommendation that marijuana may help treat a patient's debilitating medical condition, than the patient
and their primary care-giver are entitled to an affirm ative defense to the state's criminal laws. Colo. Const. art XVII I, § 14(2)(a). Licensed physicians are also entitled to an exception
to the state's criminal laws under Amendment 20 for recommending the medical use of marijuana to patients who have been diagnosed with debilitating medical conditions. Colo. Const. art.
XVIII, § 14(2)(c). For purposes of Amendment 20, "medical use" means: The acquisition, possession, production, use, or transportation of marijuana or paraphernalia related to the administration
of such marijuana to address the symptoms or effects of a patient's debilitating medical condition, which may be authorized only after diagnosis of the patient's debilitating medical
condition by a physician or physicians, as provided in this Section. Colo. Const. art. XVIII , § 14(1)(b). Thus, persons diagnosed with a debilitating medical condition may use, acquire,
possess, produce or transport marijuana for medicinal purposes. As of June 14, 2004, the Colorado Deparlment of Public Health and Environment instituted a policy of no longer Issuing
medical marijuana registry cards to primary-caregivers. Attachment 2 i I I I I I I
Note, that medical use does not include the term dispensing, selling or purchasing, Those words are only included within Amendment 20 under section 14(2)(e) which states: Notwithstanding
the foregoing provisions, no person, including a patient or primary care-giver, shall be entitled to the protection . for his or her acquisition, possession, manufacture, production
, use, ale, distribution, dispensing, or transportation of marijuana for any use other than medical use. However, in a recent decision, a District Court judge determined Ihat the term
"acquire" as used within the term "medical use" necessarily included selling or dispensing because of section 14(e). Frasher et al v. City of Centennial, 2009CV1456, Arapahoe County.
This was a preliminary decision on a motion for temporary injunctive relief and not a after a full trial. In addition, because this is a decision of a District Court it does not serve
as legal precedent and therefore does not necessarily apply to any other municipality besides Centennial. To date, the sale of medical marijuana is not regulated by the state. As a result,
medical marijuana dispensaries are being established under the pretense that the individuals operating those businesses do so as a "primary ca regiver". Amendment 20 defines "primary
caregiver" as: a person other than the patient and the patient's physician who is eighteen years of age or older and has a significant responsibility for managing the well-being of a
patient who has a debil itating medical condition. Colo. Consl. art. XVIII, § 14(1 )(f). So long as an individual owner of a medical marijuana dispensary is named as a primary giver
by patien ts who have debilitating medical conditions, that individual is entitled to the same protections afforded those patients under Amendment 20. Therefore, a primary care-giver
is allowed to acquire, possess, and transport marijuana for use by his or her patients. Combined a patient and his or her primary care-g iver may not possess more than two (2) ounces
of marijuana in a usable form and not more than six (6) marijuana plants in varying stages of development. Colo. Const. art. XVII I, § 14(4)(a). This limil as applied to a primary ca
re-giver is cumulative as based on the number of patients for whom that primary care-giver is responsible. For example, if a primary care-giver has 10 patients , none of whom grow their
own marijuana, than the primary care-giver is entitled to possess up to sixty (60) plants. So why have medical marijuana dispensaries proliferated? In February of last year, the United
States Attorney General, Eric Holder, announced that it would no longer be a priority of the Justice Department to enforce the federal prohibition against the sale or use of marijuana.
Prior to that announcement, few medical marijuana dispensaries operated within the state and there were a few thousand patients listed on the state's registry. Since that announcement,
it has been estimated that there are now 30,000 patients listed on the state's reg istry and an unknown number of medical medical marijuana dispensaries. The Attorney General's comments
alone do not explain the explosion of medical marijuana dispensaries in the state. The Colorado Department of Public Health (tile "CDPHE") also shares some responsibility. The CDPHE
is charged with promulgating rules to implement 2 ! I I I
Amendment 20. In July 2009, the CDPHE proposed an amendment to its regulations to redefine the phrase "significant responsibility for managing the well-being of a patient," as it is
used in the definition of "primary caregiver." After a twe lve hour hearing, the CDPHE adopted a rule that defines that phrase to mean: assisting a patient with daily activities,
including but not limited to transportation or housekeeping or meal preparation or shipping or making any necessary arrangement for access to medical care or services or provi sion of
medical marijuana. Under this definition, a primary care-giver can significantly manage the well-being of a patient solely by providing medical marijuana. However, in October 2009, the
Colorado Court of Appeals determined that "supplying marijuana for medical use, by itself, is insufficient to constitute significant management responsibi lity for a patient's well-being."
People v. Clendenin, 08CA0624 (Colo. App. October 29, 2009). Unfortunately, the Court did not describe what other types of activities would satisfy the term. In addition, due to timing,
the Court did not address the CDPHE's definition. This case is now before the Cotorado Supreme Court. What is the current status of legis lation? Currently, the state-taws concerning
medical marijuana do not address or place requ irements on the doctor to patient relationship. There are two bills being -proposed for consideration by the General Assembly during thiS
year's term. The first bill would address the doctor to patient relationship. This bill places more stringent requirements on the type of review that must be conducted by the physician
prior to that physician recommending that a patient use medical marijuana. The second bill would limit the number of patients for whom a primary care-giver may care. If this second bill
is adopted as written, a primary care-giver may only have five (5) patients. It also prohibits primary care-givers from combing to grow or provide marijuana to their patients. Economically,
this would essentially prohibit medical marijuana dispensaries from continued operation. 3 I I
MU :::JR AY DA ~ L K U EC I-4€;N M £ I ST£R' RENAUO L LP ATIOIl. ... r.VS ... Tt ... W MEMORANDUM TO: Mayor Jerry DiTullio and City Council THROUGH: Patrick Goff, City Manager FROM:
I>ATE: RE: Gerald Dahl, City Attorney; Dan Brennan, Chief of Police and Ken Johnstone, Director of Community Development November 3, 20 I 0 (for the November 15 Study Session) Medical
Marijuana Licensing and Regulation The purpose of this memorandum is two-fold: (1 ) to give an update of recent developments concerning the regulation of the cultivation, production,
usc and sale of medical marijuana, and (2) to request direction from Council on how to proceed with appropriate licensing and regulation, or banning, of medical marijuana businesses
in the City also including primary care-givers and cultivation. I. Background: Regulation of Medical Marijuana Businesses In June 2010, starfproduced a memorandum (attached for your
reference) describing the licensing and regulation of medical marijuana cultivation, production and use under under Amendment 20 to the Colorado Constitution and the newly adopted Colorado
Medical Marijuana Code, C.R.S. §§ 12-43.3-101 et seq. At that time, the Colorado Departmcnt of Revenue (the "DOR"), the state's licensing authority, was expected to produce and adopt
regulations concerning ils application of the Medical Marijuana Code in September 20 I O. Council decided to delay further discussion concerning the City's regulations until after the
OOR had produced its regulations. Council adopted an ordinance extending the City'S moratorium on the issuance of permits and licenses concerning medical marijuana businesses until the
date that the DOR regulations "became effective." The DOR released its draft regulations in September. Under state law, the DOR is required to hold hearings on those regulations prior
to their implementation. While the DOR has not produced an official calendar, the DOR should begin holding hearings on the regulations in January 2011 with an effective date set for
March 2011. At approximately ninety-three pages of text, the draft regulations are extensive. Staff believes that the draft regulations provide enough guidance for the Council to lift
the moratorium and enact the City's regulations. Attachment 3 ;. ;
II. Options for Council Action Staff is proposing the following options for Council's consideration: 1. Adopt an ordinance or recommend a ballot measure banning medical marijuana businesses
from operating in the City. 2. Adopt an ordinance regulating medical marijuana businesses. Option I: Adopt an ordinance or resolution or recommend a ballot measure banning medical marijuana
businesses from operating in the City. The Colorado Medical Marijuana Code, at C.R.S. § 12-43.3-106, contains a local opt out provision authorizing local governments to prohibit medical
marijuana businesses from operating ·in their communities. There are two methods by which a local government may exercise this opt out provision: o By a vote of a majority of registered
electors of the local government at a regular or special election; or o By a vote of a majority of the members of the governing board of the local government. Here, Council, acting as
the governing board for the City, may, by majority vote, adopt an ordinance or resolution banning medical marijuana businesses from operating in the City. Alternatively, Council could
refer this question to the voters of Wheat Ridge at a special election. There are several local governments that have followed one of these two approaches. A list of those communities
is attached for your reference. It is important to note that there are two retail medical marijuana businesses currently operating in the City. If the City adopts a ban on those types
of businesses, this may create two legal non-conforming uses and/or potentially run afoul of the state's anti-amortization law. Under that law, no business that was legal at the time
that it was created may be forced to close. By adopting a ban on medical marijuana businesses, the City would necessarily be forcing the two existing businesses to close. This could
subject the City to a lawsuit under the antiamortization provisions. However, the anti-amortization statute predates the Colorado Medical Marijuana Code. Under general rules of statutory
interpretation, in the event that two statutory provisions conflict, the more recent provision prevails. As the more recent provision, the Colorado Medical Marijuana Code authorizes
the City to ban medical marijuana businesses. In addition, under the Colorado Medical Marijuana Code, the City's ability to ban must necessarily include the ability of the City to force
those existing businesses to close. Thus, while the City may be subject to a lawsuit for forcing those existing businesses to close, it is not likely that the City would be forced to
compensate the owners of those businesses for taking actions authorized under the Colorado Medical Marij uana Code. -2-I I I I I i
Option 2 -Adopt an ordinance concerning the licensing of medical with cbanges cOllsistent with the provisions in the Colorado Medical Marijuana Code and DOR regulations. If the Council
decides to allow medical marijuana businesses to operate in the City, staff requests direction concerning some specific regulatory options for those businesses. The City is not required
to adopt regulations implementing the Colorado Medical Marijuana Code because under C.R.S. § 12-43.3-301(2)(a), if the Council does not ban medical marijuana businesses or adopt regulations,
then the default provisions of the Colorado Medical Marijuana Code apply. It is staff's recommendation that Council adopt some level of regulation to detennine the appropriate zoning
and licensing mechanisms for these businesses operating within the City. Here are the questions Staff needs Council to answer if Option 2 is selected: o What types aflicenses should
the City offer? The Colorado Medical Marijuana Code authorizes the City to issue the following medical marijuana licenses: 1. A medical marijuana center license. This is a license for
a retail medical marijuana business. 2. A medical marijuana-infused products manufacturer license. This is a Iiccnse for a business that manufacturers a product containing medical marijuana
for use or consumption by a patient. Examples of products include edibles, tinctures and ointments. 3. An optional premises cultivation operation license. This is a license that can
only be issued to either a medical marijuana center or a medical marijuanainfused products manufacturer for a location in which the licensee is authorized to grow and cultivate medical
marijuana. o Should the City adopt a vertical integration model for medical marijuana centers? Under the vertical integration model, all cultivation activities under an optional premises
license would be required to occur at or immediately adjacent to the location of the medical marijuana center licensed premises. The primary purpose of this regulatory model would be
to assist the City in enforcing the Colorado Medical Marijuana Code requirement that medical marijuana centers grow a minimum of70% of the medical marijuana that they sell at retail.
In addition, under this model, no medical marijuana center could obtain a City license unless the applicant also obtained an optional premises cultivation operation license for an adjacent
parcel. This type of model could limit the number of medical marijuana centers operating in the City. The City of Lakewood currently operates under this type of vertical integration
model. One alternati ve to the vertical integration model includes allowing optional premises medical marijuana cultivation operations to be in separate and non-adjacent facilities from
medical marijuana center locations. One purpose for this is that land usc impacts from cultivation operations may include additional electrical power usage, -3-r , !'
significant water use, chemicals and odors associated with growing plants. These types of impacts arc typically not conducive to retail locations. o If the City adopts a vertical integration
lIlodel, whal is Ihe appropriale zoning for Ihose businesses? CommlUlity Development Staff proposes that vertically integrated medical marijuana businesses be allowed as a use by right
in the City'S C I (light commercial) and I (industrial) zone districts. The Police Department supports keeping medical marijuana businesses in the City'S C I districts for reasons of
safety and enforcement. o Iflhe Cily does nOI adopi a verlical inlegralion model, whal is Ihe appropriale zoning for medical marijuana businesses? Community Development Staff and the
Police Department Staff agree that if the City does not adopt a vertical integration model, retail medical marijuana centers should be allowed as a usc by right in the City's CI (light
commercial) district and that optional premises cultivation opcrations and medical marijuana-infused products manufacturers should be permitted in the City's I (industrial) zone district.
o Does Council wanl 10 reduce or eliminale Ihe Colorado Medical M"rijuana Code's defauli provision thai prohibils medical lIlarijuana businesses from operaling wilhin 1000 feel of cerlain
localions? The Colorado Medical Marijuana Code prohibits medical marijuana businesses from operating within 1000 fcct of schools, child care facilities or drug treatment and rehabilitation
centers. However, it does authorize the City to adopt less stringent distance requirements. Staff previously recommended that the 1000 foot distance limitation be reduced to 500 feet.
Maps of the City demonstrating these distance limitations have been attached to this Memorandum. Map A concerns the 500 foot limitation, Map B conccrns the default 1000 foot limitation.
o Does Council wanl 10 adopt a provision limiling (he dislance between licensed premises? The Colorado Medical Marijuana Code authorizes the City to adopt a provIsIOn limiting location
of the distance between medical marijuana licensed premises. Currently, the City of Lakewood prohibits medical marijuana centers from operating within three quarters of a mile of another
medical marijuana center. Attached to this memorandum is Map C which demonstrates this distance limitation in conjunction with the default 1000 foot limitation described above. As demonstrated
on Map C, if both limitations were adopted by the City, the available locations for operating medical marijuana facilities would be limited. As a result, the total number of medical
marijuana facilities would also be limited. -4-I I I I i i I· I I ,I
o Who will serve as the City 's local licensing authority? The Colorado Medical Marijuana Code requires all local governments issuing licenses to medical marijuana businesses to name
a local licensing authority. Council may designate an administrative office or a division thereot; such as the Tax and Licensing Division of the City Manager's office, as that local
licensi ng authority. Alternatively, Council may designate a deliberative body, like the City's Liquor Authority, as the local licensing authority. Staff recommends that Council name
the Tax and Licensing Division of the City Manager's office as the City's local licensing authority for the purpose of issuing medical marijuana business licenses. Staff further recommends
that Council provide for a hearing officer to be named by the City Manager (as is done with other regulatory matters in the City) to serve as the licensing authority for the purposcs
of hearing appeals and show cause matters. Although the Liquor Authority has expressed interest in becoming the licensing authority for medical marijuana business, Staff believes that
this would make the process less efficient and effective because the requirements of the Colorado Medical Marijuana Code are detailed and technical. As such, a citizen committee is likely
unprepared to interpret and apply those requirements without significant staff involvement. Naming an administrative office is preferable because it will be more efficient and cost effective.
o How broad or deep should the City 's regulations be? With complex regulatory subjects, such as elections and liquor licenses, some municipalities opt to adopt by reference all or substantially
all of the state regulations concerning those subjects in their respective codes. Currently, the City regulates elections and liquor licenses through references to the respective state
statutes covering those subjects. This allows the City to regulate those subjects under the extensive state law provisions without the City extending its Code unnecessarily. Does Council
favor adopting similar references to state statutes and regulations concerning medical marijuana businesses? The altemative would consist of a lengthy ordinance that contained language
that was largely pulled from state statute. Once these decisions have bccn made, staff will present a draft ordinance for Council's consideration. Ill. Regulation of the Activities of
Primary Caregivers This portion of the memorandum concems the use of property within the City by primary caregivers. Recall, that Amendment 20 to the Colorado Constitution provides patients
and primary caregivers with an affirmative defcnse or exception to criminal prosecution conceming their medical use of marijuana. Medical use is defined in Amendment 20 as the "acquisition,
possession, production, use, or transportation of marijuana or paraphemalia related to the administration of' medical marijuana. Under Amendment 20, primary caregivers have significant
responsibility for managing the wellbeing of their patients and are authorized to grow up to six plants, in various stages of development, for each patient. A patient is permitted a
maximum of six plants in varying stages of development and a maximum of two ounces of -5-
marijuana in a usable form. Pursuant to the provisions in C.R.S. § 25-1.5-106(8), a primary caregiver may serve up to a maximum of five patients but may not charge those patients more
than the primary caregiver's cost to cultivate or purchase medical marijuana. However, the primary caregiver may charge for the cost of providing caregiver services, e.g. groccry shopping,
cleaning, etc. This summer, the Police Department and City staff received questions from City residents concerning the lise of residential property within the City for cultivation activitics
of patients and primary caregivers. Recently, the Wheat Ridge officers conlacled a resident concerning marijuana plants that were being grown in the backyard of the residence. The resident
presented sufficient materials to the officers proving that the resident was a primary carcgiver under Amendment 20. As a result of that status, the ofticers did not take further action.
Although Amendment 20 protccts paticnts and primary caregivers from criminal prosecution for the mcdical use of marijuana, they are not immune from application of the zoning provisions.
Thus, the City may adopt some limited regulation concerning marijuana cultivation activities. Currently, under Wheat Ridge Code of Laws § 26-613, as a home occupation, primary caregivers
are pcrmittcd to use a residential dwelling for cultivation activities as a use by right. To prevent additional unnecessary contacts by Wheat Ridgc officers, alleviate neighbor concerns,
and for reasons of protecting the public's health, safelY and wclfare, staff recommends that Council consider adopting a provision in the zoning code lhat limits marijuana cultivation
activities to inside of structures within the City. This limilalion would apply equally to optional premises cultivation operators, patients, and primary caregivers. Some other communities
have adopted or considered provisions regulating primary caregivers and/or the cultivation of medical marijuana in their communities. Those regulations include: I. Limiting Limiting
the number of medical marijuana plants lhal can be cultivatcd in residential zone districts. 2. Requiring primary caregivers to obtain a municipal license or registration. 3. Prohibiting
the numbcr of primary caregivers that can operate from a single dwelling unit. 4. Regulating primary caregivers as home occupations under local zoning code provisions. IV. Conclusion
The landscape concerning local and state regulation of the cultivation, sale and manufacture of medical marijuana and medical marijuana-infused products continues lo develop. We will
continue to follow this changing environment and present updates to the Mayor and Council as requested or as necessary to obtain further guidance concerning the City's regulatory position.
As always, please let us know if you have any additional questions or concerns. Attachments: l. Summary of local govemment ban status 2. Maps A, B, & C -6-I. i
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" ~ A .,. • ~ _ • CIty of ? WheatRt...dge ITEMNO:~ DATE: February 28, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 07-2011 A RESOLUTION APPROVING A PLANNED INDUSTRIAL DEVELOPMENT
FINAL DEVELOPMENT PLAN AMENDMENT AND A THREE -LOT RESUBDIVISION PLAT ON PROPERTY LOCATED AT 5130 PARFET STREET (CASE NOS. WZ-1O-08 AND MS-IO-04/HOSS ELECTRIC) [;8J PUBLIC HEARING D BIDS/MOTIONS
[;8J RESOLUTIONS D ORDrNANCES FOR 1sT READrNG D ORDrNANCES FOR 2ND READrNG QUASI-JUDICIAL: [;8J YES ector City Manager ISSUE: The applicant requests approval of a Planned Industrial
Development (PID) Final Development Plan amendment and a three lot resubdivision plat for property located at 5130 Parfet Street. The purpose of the request is to expand outside storage
for the electric contracting business on the property and to recognize and accommodate grading activities which have already occurred. The development plan amendment process being followed
is the process used when the property was originally zoned and platted in 2003 2003 -that is, an ODP and FOP requiring approvals through Planning Commission and City Council public hearings.
Pursuant to Article III of the zoning and development code (Planned Development District Regulations), "the procedures and requirements for amending an approved development plan (outline
or final) shall be the same as prescribed for original approval". Case Nos. WZ-IO-08 & MS-I 0-04/Hoss Electric
Council Action Form February 28, 20 II Page 2 The Planning Commission gave a recommendation of approval with conditions at a public hearing held on January 20, 20 II. PRIOR ACTION: The
Planning Commission reviewed this request and recommended approval with conditions at a public hearing held on January 20, 20 II. A motion was made for approval for the following reasons:
I. The Final Development Plan is consistent with the standards set forth in the approved Outline Development Plan for the site. 2. All requirements for a PID Final Development Plan have
been met. 3. All requirements of the Subdivision Regulations have been met. With the following conditions: I. The development standards table for Lot I shown on sheet 2 of 4 be amended
so that the minimum front setback requirement is 50' rather than 60' as shown. 2. The site data table shown on sheet 4 of the FOP is incorrect and should be deleted. 3. The site data
table for Lot 2 on sheet 4 of 4 of the FOP should be amended to indicate that the areas not covered in recycled concrete are natural areas and comprise 65% of the lot coverage. 4. All
improvements on the revised FOP must be in place no later than six months after City Council approval. 5. Staff shall review paperwork to ensure that the piping for the Swadley Ditch
is in conformance. There was one person in the audience who spoke in support of the request. Attached are minutes from the public hearing in front of Planning Commission. With regard
to the conditions recommended by Planning Commission, the following has occurred: I. Conditions I, 2 and 3 have been incorporated into the plan set under review by City Council. 2. Condition
4 has been incorporated into the suggested motion for approval. 3. Condition 5: A copy of the approval letter from Swadley Ditch relative to ditch piping has been provided and reviewed
to staff's satisfaction. FINANCIAL IMP ACT: One-time fees for the zone change were submitted for the application.
Council Action Form February 28, 20 I I Page 3 BACKGROUND: The property is approximately 15 I ,726 square feet in size and is being utilized as an electrical contractor's office and
storage yard. The property as a whole has a fairly irregular shape, and there is a grade change from north to south on Lot 2. Two ditches cross the property on the southern end with
the Swadley Ditch located on Lot 2 and the Wadsworth Ditch on Lot 3. The development is surrounded by a mix of zoning and land use. To the north and east of the property are developments
zoned PID which have a variety of office/warehouse uses and manufacturing. Abutting the property to the west are properties zoned A-2 utilized as single family, greenhouse
and farming uses. To the south is vacant property zoned C-l. Existing zoning The property was rezoned to Planned Industrial Development (PID) in 2003. The Outline Development Plan (ODP)
rezoned Lots I and 2 to Planned Industrial Development and Lot 3 remained Agriculture One. The approved Outline Development Plan established allowable uses and development standards
for Lots 1 and 2. The ODP specifies that an electrical contractor's shop is an allowed use. (Exhibit 1 of Planning Commission packet, existing OOP) In 2004, subsequent to rezoning, a
Final Development Plan (FDP) was approved which showed the existing 2300 s.f. structure (house converted into office). The northern portion of Lot 2 depicts a screened outside storage.
The southern portion of Lot 2 was approved for a future office/warehouse structure with 7300 s.f. of floor area. A paved access was to extend from Parfet east along the southern property
line of Lot 1 and tum south on Lot 2 to provide access and parking for the office/warehouse structure. Lot 3 was limited to be used as a storm water detention facility for the development.
The approved Final Development Plan has never been implemented. (Exhibit 2 of Planning Commission packet, existing FOP) It is unclear to staff at what point, the property owner began
using the property in violation of the zoning. A site inspection performed on January 24, 2008 revealed numerous zoning code violations on the property and a warning notice was sent
to the property owner. At that time, the property owner was also cited for stormwater and illegal fill and grading violations for the placement of fill dirt and lot grading that occurred
on Lots 2 and 3. It is undetermined at this time how much material was placed or what the fill consists of. Subsequent to code enforcement negotiations in 2008, the property owner worked
with the Community Development Department to remediate the violations. The property was substantially in compliance in the fall of 2008 and the owner continued to work with the City'S
storm water coordinator to achieve compliance with state requirements for storm water management and erosion control. By late in 2009, the property was again out of compliance with the
parking and storage of numerous storage containers on the property.
Council Action Fonn February 28, 20 II Page 4 It was not until staff summoned the property owner into municipal court in June of2010, that any attempt to mitigate the violations was
initiated. Proposed FDP and plat amendment The proposed Final Development Plan is intended to allow the northern Lot 1 to remain essentially as it is reflected on the existing FDP with
the exception of a screened storage area. (Exhibit 4 of Planning Commission packet, proposed FDP) The storage area was originally located on Lot 2 but the resubdivision will allow this
area to be expanded and to become a part of Lot I. The front portion of the property will be landscaped and two drive areas into the property from Parfet which are currently gravel,
will be paved, as will a parking area located west of the existing office structure. There are a number of mature trees on the property which will remain with additional trees and shrubs
being added. The storage area east of the office is currently screened with a 6' high solid fence with slats. It is surfaced with recycled concrete and will be expanded to the south.
While it is not permitted by code to allow the use of recycled concrete for commercial storage areas, there is flexibility as this is a planned development. This is consistent with the
prior FDP. Two trees will be planted on the western side of the expanded storage area. The FDP for Lot 2 (reconfigured Lot 2 and Lot 3 combined) has been amended to reflect existing
conditions and to accommodate drainage requirements for the upper portion of the development, including Lot 1. The "existing conditions" include the majority of the northern portion
being covered in recycled concrete with natural areas on the remainder of the property. The southern portion of Lot 2 is almost entirely encumbered with a drainage easement which will
be vacated by the plat. The new drainage design will result in construction of a pond and other improvements at the southern end. This will require some regrading of the site in order
to make it work. Access into Lot 2 when it develops will be from W. 50th Avenue. There is currently an infonnal access from 50th but it is unpaved and has an approximate 18% slope. This
slope far exceeds both the City (maximum of 10% for private access) and Fire District (8%) standards and therefore does not have adequate access. (Exhibit 5 of Planning Commission packet,
erosion control plan) New Lot 2 cannot be utilized or developed until a revised FDP is approved through the public hearing process which would include improvements to this informal access
so the property is accessible. Several notes have been included on the FDP document indicating this restriction. The property is currently comprised of three parcels. (Exhibit 7 of Planning
Commission packet, Existing Plat) The current proposal is to adjust the common property line between Lots I and 2 to allow outside storage on Lot 1. Former Lots 2 and 3 are being consolidated
into one lot. This was a request from staff due to the inaccessible conditions currently on the property which essentially made old Lot 2 landlocked. The result of consolidation of old
Council Action Form February 2S, 20 II Page 5 Lots 2 and 3 will be a property with split zoning. While it is customary to have zoning lines follow property lines, it is not required.
(Exhibit 8 of Planning Commission report, Proposed Plat). The application has been through a standard City and outside agency referral process. Upgrades will be required at the expense
of the developer upon future redevelopment of Lot 2. Required improvements would include installation of utilities, fire hydrants, fire lanes and commercial landscaping and parking.
RECOMMENDED MOTION: "I move to approve Resolution No. 07-2011, a resolution approving a Planned Industrial Development Final Development Plan amendment and three-lot resubdivision plat
on property located at 5130 Parfet Street (Case Nos. WZ-10-0S and MS-IO-04) for the following reasons: I. The Final Development Plan is consistent with the standards set forth in the
approved Outline Development Plan for the site. 2. All requirements for a PID Final Development Plan have been met. 3. All requirements of the Subdivision Regulations have been met.
With the following condition: Or, All improvements on the revised FOP must be in place no later than six months after City Council approval. "I move to deny Resolution No. 07-20 II ,
a resolution approving a Planned Industrial Development Final Development Plan amendment and three-lot resubdivision plat on property located at 5130 Parfet Street (Case Nos. WZ-I O-OS
and MS-l 0-04 for the following reasons: " REPORT PREPARED BY; Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: l. Resolution No. 07-20
II 2. January 20, 2011 Planning Commission minutes 3. Planning Commission packet with exhibits
INTRODUCED BY COUNCIL MEMBER ______ _ TITLE: Resolution No. 07 Series of 2011 A RESOLUTION APPROVING A PLANNED INDUSTRIAL DEVELOPMENT (PID) FINAL DEVELOPMENT PLAN AMENDMENT AND THREE-LOT
RESUBDIVISION PLAT ON PROPERTY LOCATED AT 5130 PARFET STREET (CASE NO. WZ-10-08 AND MS-10-04/HOSS ELECTRIC) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures
for the City's review and approval of requests for land use cases; and, WHEREAS, an application was received from David Hoss for approval of a PID Final Development Plan amendment and
three-lot subdivision plat; and, WHEREAS, the application meets the requirements for a PID Final Development Plan amendment and resubdivision plat; and, WHEREAS, the application was
reviewed and recommended for approval with conditions by the Planning Commission at a public hearing held on January 20, 2011 . NOW THEREFORE BE IT RESOLVED by the City Council of the
City of Wheat Ridge, Colorado as follows: THE FINAL DEVELOPMENT PLAN AMENDMENT KNOWN AS HOSS ELECTRIC, ELECTRIC, AMENDMENT #1, AND THE THREE-LOT RESUBDIVISION PLAT KNOWN AS PARFET PARK
SUBDIVISION, TRACT 2 REPLAT #2, ARE HEREBY APPROVED FOR THE FOLLOWING REASONS: 1. The Final Development Plan is consistent with the standards set forth in the approved Outline Development
Plan for the site. 2. All requirements for a PID Final Development Plan have been met. 3. All requirements of the Subdivision Regulations have been met. With the following condition:
1. All improvements on the revised FDP must be in place no later than six months after City Council approval. DONE AND RESOLVED this 28th day of February, 2011. Jerry DiTullio, Mayor
ATTEST: Michael Snow, City Clerk Attachment 1
~\.'# ~ r City of rWheatRL-dge PLANNING COMMISSION Minutes of Meeting January 20, 2011 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair MATTHEWS at 7:00 p.m. in
the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Staff
Members Present: Anne Brinkman Marc Dietrick John Dwyer Dick Matthews Scott Ohm George Pond Steve Timms Alan Bucknam Meredith Reckert, Sr. Planner Sarah Showalter, Planner II Tim Paranto,
Public Works Director Ann Lazzeri, Recording Secretary 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA It was moved by Commissioner TIMMS and seconded by Commissioner DWYER
to amend the order of the agenda to add a 38th Avenue Task Force update under Other Items. Commissioner TIMMS also requested that a 38th Avenue Task Force update be included as a standing
agenda item. The motion carried 7-0. 5. APPROVAL OF MINUTES -January 6, 2011 It was moved by Commissioner TIMMS and seconded by Commissioner BRINKMAN to approve the minutes of January
6, 2011 as presented. The motion carried 6-0 with Commissioner DWYER abstaining. Attachment 2 Planning Commiss ion Minutes January 20, 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) No members of the public wished to
speak at this time. 7. PUBLIC HEARING A. Case No. WZ-10-09: An application filed by RV America for approval ofa zone change from C-I and C-I with restrictions to Mixed Use Commercial
Interstate (MU-C Interstate) and Mixed Use Neighborhood (MU-N) for property located at 11808 West 44th Avenue. Commissioner BRINKMAN requested to be recused from hearing the case because
she is a friend of the applicant. She also noted that, for the sake of consistency, she recused herself from hearing the last case the applicant brought before the Commission. The Commission
voted 7-0 to grant Commissioner BRINKMAN's request. (Commissioner BRINKMAN left the council chambers at this time.) The 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. case. She reviewed the staff report and digital presentation. Staff concluded that the rear
portion of the property is currently underutilized. Further, there are changing conditions in the area which will dramatically impact the commercial viability of the property. Zone change
criteria also support the request. Therefore, staff gave a recommendation of approval with conditions outlined in the staff report. Following several clarification questions from Commission
members, the applicant addressed the Commission. Mike Pharo Land Planning Consultant Mr. Pharo, representing the applicant, stated that the land is presently underutilized in light of
the fact that 2/3 of the property can only be used for recreational vehicle storage. Further, the C-I area abutting 44th is too small for any reasonable redevelopment. The applicant
is requesting the rezone in order to expose the property to the marketplace. He did not believe the northern portion would ever be developed to maximum allowances specified in the MU-C
Interstate zone district. He stated that he had no problem with separation of the property into 2 different zones. He did not agree with the third condition that asks for a 20-foot right-of-way
dedication along the entire frontage of Tabor Street. This would be detrimental to residential property owners to the south and would Planning Commission Minutes 2 January 20, 20 I I
change the character of the neighborhood. He could see no reason for this request which would penalize the applicant and asked that the condition be reconsidered. Commissioner TIMMS
asked if the applicant's intention is to immediately place the property on the market if the zoning is approved. Harry Sach Owner, RV America Mr. Sach stated that the property would
be placed on the market if the zoning change is approved. He stated that he is not sure whether the property would be more valuable with the zone change. Mike Pharo returned to the podium.
In response to Commissioner POND's comment that Tabor would most likely provide access to the southern portion of the property, Mr. Pharo stated that he sees this as a single property
with a zone line in the middle. The applicant is not proposing that traffic would go south into the residential neighborhood and then go west into the property. In response to a question
from Commissioner DWYER, Mr. Pharo stated that no studies have been done or development proposals received at this time. He did not see the use as being any more intense than normal
retail use with a floor area ratio of .25 or .22 to I. He didn't think buildings would be 6-8 stories, but more likely 2-3 stories. Commissioner DWYER asked why the applicant is asking
for Mixed Use Commercial Interstate (MU-C Interstate) for half of the property rather than asking for Mixed Use Neighborhood (MU-N) for the entire piece. Mr. Pharo replied that he believed
the northern portion of the property fits well with Mixed Use Commercial Interstate (MU-C Interstate) and that they are recognizing the interstate opportunities as well as the neighborhood
conditions. He did not think MU-C Interstate would be out of character for 44th Avenue. Chair MATTHEWS opened the public hearing. Diane Tipton 4311 Tabor Ms. Tipton voiced her opposition
to any zone change of the property. Tabor is a very narrow road with inadequate place to turn around. There has been an increase in traffic on Tabor since the interchange has opened.
She stated that RV storage is the perfect business to abut her residential neighborhood. Commissioner DWYER asked Ms. Tipton how she felt about the proposed 20-foot dedication on Tabor.
Ms. Tipton objected to Tabor narrowing down to a onelane road which would present a danger as more traffic would be driving down the one-lane road, turning around and then speeding out
of the neighborhood. Planning Commiss ion Minutes 3 January 20, 20 II
George Isquith 4250 Tabor Mr. Isquith voiced his opposition to the zone change. He believed Mr. Sach should sell the property as it is presently zoned. In response to a question from
Commissioner TIMMS, Mr. Paranto stated that Tabor Street, north of 44th Avenue, would run to the proposed light rail station. The light rail station will serve people more to the north
and west of 44th Avenue. A signal at 44th and Tabor has not been analyzed for warrants at this time. A light most likely would be necessitated by traffic on Tabor north of 44th rather
than necessitated by development of the subject property. In response to a question from Commissioner MATTHEWS, Ms. Reckert stated that individual RV storage is presently allowed as
well as inventory storage. Commissioner DWYER commented that while he thinks it is unlikely there would be an 8-story building on the site, it seems that MU-C Interstate zoning is a
very intensive use and he would prefer MU-N zoning on both parcels for the protection of residents to the south. Commissioner OHM commented that a 20-foot right-of-way dedication would
better provide for emergency access. Access from Tabor could be economically beneficial to owners of the property and would also provide opportunities for utility tie-ins. He suggested
that the existing fence on the southern border could be replaced with a 6-8 foot height masonry wall with a landscape buffer that would also provide sound mitigation. Commissioner TIMMS
commented that he would have difficulty supporting MUN on the north portion of the property. Single family homes facing 44th Avenue would not be desirable. Commissioner MATTHEWS stated
that, while he agreed that MU-C Interstate is an intense use, the property has a right-tum-in and right-tum-out so people would be driving away from the interstate when they leave the
property. He questioned the need for a 20-foot right-of-way dedication to the south property line on Tabor. Commissioner POND agreed with Commissioner TIMMS that MU-C Interstate is more
appropriate for the 44th Avenue frontage. He believed there was a reasonable need for the right-of-way dedication for emergency access and development considerations. Mike Pharo returned
to the podium. He stated that the right-in and right-out situation on 44th Avenue is one reason there is no objection to dedicating right-ofway along Tabor to the zone demarcation line.
Dedicating right-of-way to the south would penalize the applicant because he is asked to reserve land that he can't utilize. Planning Commission Minutes 4 January 20, 20 II
In response to a question from Commissioner OHM, Mr. Pharo stated that he would be agreeable to an access easement from the northern half to the southern half of the property. He stated
he has no desire to access the southern piece through the residential area south of the zone demarcation line. Chair MATTHEWS closed the public hearing. It was moved by Commissioner
DWYER and seconded by Commissioner OHM to recommend approval of Case No. WZ-I0-09, a request for approval of a zone change from C-I and C-t with use restrictions to Mixed UseCommercial
Interstate and Mixed Use-Neighborhood for property located at 11808 West 44'h Avenue for the following reasons: 1. The rear portion of the property is currently under-utilized. 2. The
relocation of the 1-70 on and off ramps dramatically changes the commercial development potential ofthis property. 3. The rezoning request is consistent with Envision Wheat Ridge, the
City's comprehensive plan. 4. The evaluation criteria support approval of the request. With the following conditions: 1. The proposed zoning boundary between the two districts be consistent
with the A-I zoning line on the east side of Tabor Street. 2. The zone change ordinance will not become effective until a plat document is reviewed and approved. 3. V pon platting, a
20-foot right-of-way be dedicated along the frontage of Tabor Street to a line consistent with the A-I zoning line on the east side of Tabor Street. Commissioner DWYER stated that his
right-of-way condition was to make it difficult to sell the property in two pieces. Unless there is access from 44th Avenue, selling the property in two pieces creates a land-locked
parcel. Commissioner TIMMS commented that the approval of the application would not prohibit the opportunity during the platting process to acquire right-of-way if needed. The motion
carried 5-1 with Commissioner DWYER voting no and Commissioners BRINKMAN and BUCKNAM absent. It was moved by Commissioner POND and seconded by Commissioner DWYER to break for a five-minute
recess. The motion passed 7-0. (The meeting was recessed from 8: 17 p.m. to 8:23 p.m.) Planning Commission Minutes 5 January 20, 20 I I
(Commissioner BRINKMAN returned to the meeting.) B. Case Nos. WZ-IO-08 and MS-IO-04: An application filed by Hoss Electric for approval of a final development plan (FOP) amendment and
a 3-lot re-subdivision for property zoned Planned Industrial Development (PID) and located at 5130 Parfet Street. The 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 staff report and digital presentation. Staff concluded that the proposed
FOP is consistent with the standards established in the Outline Development Plan (ODP) and all requirements for a Planned Commercial Development (PCD) Final Development Plan have been
met. Staff recommended approval of the application with conditions outlined in the staff report. Commissioner TIMMS suggested that it may be a good idea to rezone the southern portion
PID at some time in the future. Commissioner BRINKMAN asked if approval of the application would nullify all past code infractions. Ms. Reckert stated the city will no longer pursue
code enforcement if the application is approved. She also commented that the appl icant was given the choice of moving everything out and restoring the property to the pre-existing condition
or apply to amend the Final Development Plan. The applicant will still be required to work with various agencies to ensure there are no violations relating to water issues. Commissioner
BRINKMAN expressed concern that about the Swadley and Wadsworth Ditches. Ms. Reckert explained that both ditch companies were contacted and only the Wadsworth Ditch responded. The Swadley
Ditch did not respond. Commissioner POND asked what would happen if the applicant does not meet the schedule as conditioned for approval of the application. Ms. Reckert stated the applicant
would be cited back into court for remedial action by the judge. Jim Powers Mr. Powers stated that he was assisting Mr. Hoss, the applicant, in coordinating the FOP process. He was also
the architect for the building in the original FDP. Commissioner OHM asked if the proposed grading on Lot I complies with State of Colorado laws. Mr. Powers stated that it would not
push water onto the east property because of the grades and a conveyance swale. There is a drainage easement for Lot I that goes down through Lot 2. Planning Commission Minutes 6 January
20, 2011
In response to a question from Commissioner OHM, Mr. Powers stated that the utility companies are okay with the additional fill on top of the utility easements as long as there is access.
In response to a question from Commissioner TIMMS, Mr. Powers stated that the Swadley Ditch Company is aware that the ditch has been piped for quite some time and there is an agreement
relating to such. He also stated that the Wadsworth Ditch Company has plans to pipe the ditch. Mr. Powers stated that the applicant is aware he cannot use Lot 2 for any purpose. The
inability to use Lot 2 will result in an economic impact for the applicant and represents a significant "slap on the hand" for his past zoning violations. Mr. Powers did not believe
three months is adequate for completion and requested a deadline of six months. Chair MATTHEWS asked to hear from members of the public. Chuck Stiesmeyer 4996 Parfet Street Mr. Stiesmeyer
spoke in favor of the application. He stated his surprise that the Swadley Ditch had been piped. Ms. Reckert stated that she would agree with changing the condition of approval from
three months to six months. Commissioner BRINKMAN requested a condition of approval that the staff review paperwork regarding piping of the Swadley Ditch to make sure everything is in
conformance. It was moved by Commissioner DWYER and seconded by Commissioner POND to recommend approval of Case Nos. WZ-1O-08 and MS-IO-04, a request for approval of a Final Development
Plan and a 3-lot resubdivision for property zoned Planned Industrial Development located at 5130 Parfet Street for the following reasons: 1. The Final Development Plan is consistent
with the standards set forth in the approved Outline Development Plan for the site. 2. All requirements for a PCD Final Development Plan have been met. With the following conditions:
1. The development standards table for Lot 1 shown on Sheet 2 of 4 be amended so that the minimum front setback requirement is SO feet rather than 60 feet as shown. 2. The site data
table shown on Sheet 4 of the FDP is incorrect and should be deleted. Planning Commission Minutes 7 January 20, 20 I I
3. The site data table for Lot 2 on Sheet 4 of 4 of the FDP should be amended to indicate that the areas not covered in recycled concrete are natural areas and comprise 65% of the lot
coverage. 4. All improvements on the revised FDP must be in place no later than six months after City Council approval. 5. Staff shall review paperwork to ensure that piping for the
Swadley Ditch is in conformance. Commissioner BRINKMAN stated that she would vote for the application but does not want this to set an example for other property owners to go ahead and
do things out of conformance with zoning and then work with the City to make their actions acceptable. Commissioner MATTHEWS agreed with Commissioner BRINKMAN's comments. 8. OTHER ITEMS
• 38th and Wadsworth Task Force update -Meredith Reckert reported that the first meeting of the Stakeholders Committee is scheduled for March 10, 2011. The fust public meeting is scheduled
for March 15, 2011. Commissioners BRINKMAN and TIMMS are members of the Stakeholders Committee. • Meredith Reckert informed the Commission that no cases are scheduled for February 3.
It was moved by Commissioner BRINKMAN and seconded by Commissioner POND to cancel February 3, 2011, meeting. The motion carried 7-0. • Commissioner BRINKMAN suggested ajoint meeting
between Planning Commission and the Board of Adjustment. 9. ADJOURNMENT It was moved by Commissioner POND and seconded by Commissioner BRINKMAN to adjourn the meeting at 9:23 p.m. The
motion carried 7-0. Richard Matthews, Chair Ann Lazzeri, Secretary Planning Commission Minutes 8 January 20, 20 I I
~ \ A .( , _ .. City of. ~r5t: Wheat&"'dge JVc"OMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Corrunission DA TE OF MEETING: CASE NO. & NAME:
ACTION REQUESTED: LOCATION OF REQUEST: APPLICANT: PROPERTY OWNER: PRESENT ZONING: CURRENT USE: ENTER INTO RECORD: SUBDIVISION REGULATIONS ZONING ORDINANCE Planning Commission WZ-l O-OB/MS-l
0-04fHoss CASE MANAGER: M. Reckert January 20, 20 II WZ-l O-OS/MS-I 0-04/Hoss Approval of a Final Development Plan amendment and a resubdivision plat 5130 Parfet Street David Hoss David
Hoss PID, Planned Industrial Development Contractor's office and storage yard CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION site Attachment 3
All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant requests approval of a Planned Industrial Development
(PID) Final Development Plan amendment and a two lot resubdivision plat for property located at 5130 Parfet Street. The development plan amendment process being followed is the process
used when the property was originally zoned and platted in 2003 -that is, an ODP and FDP requiring approvals through Planning Commission and City Council public hearings. Pursuant to
Article IlJ of the zoning and development code (Planned Development district regulations), "the procedures and requirements for amending an approved development plan (outline or final)
shall be the same as prescribed for original approval". Planning Commission will be forwarding a recommendation for both the FDP and plat to City Council for final decision. II. EXISTING
CONDITIONS/HISTORY The property is approximately 151 ,726 square feet in size and is being utilized as an electrical contractor's office and storage yard. It was rezoned to Planned Industrial
Development (PID) in 2003. The Outline Development Plan (ODP) rezoned Lots I and 2 to Planned Industrial Development and Lot 3 remained Agriculture One. The approved Outline Development
Plan established allowable uses and development standards for Lots I and 2. The ODP specifies that an electrical contractor's shop is an allowed use. (Exhibit 1, existing ODP) The property
is surrounded by a mix of zoning and land use. To the north and east of the property are developments zoned PID which have a variety of office/warehouse uses and manufacturing. Abutting
the property to the west are properties zoned A-2 utilized as single family, greenhouse and farming uses. To the south is vacant property zoned C-l. In 2004, subsequent to rezoning,
a Final Development Plan (FDP) was approved which showed the existing 2300 s.f. structure (house converted into office). The northern portion of Lot 2 depicts a screened outside storage.
The southern portion of Lot 2 was approved
for a future office/warehouse structure with 7300 s.f. of floor area. A paved access was to extend from Parfet east along the southern property line of Lot I and turn south on Lot 2
to provide access and parking for the office/warehouse structure. Lot 3 was limited to be used as a stormwater detention facility for the development. (Exhibit 2, existing FOP) The property
as a whole has a fairly irregular shape, and there is a grade change from north to south on Lot 2. Two ditches cross the property on the southern end with the Swadley Ditch located on
Lot 2 and the Wadsworth Ditch on Lot 3. Since the time of original FDP, the property owner buried the Wadsworth Ditch without authorization from the ditch company. Property zoned planned
development must he used in accordance with the approved, recorded Final Development Plan. Any deviation from the approved FOP constitutes a zoning violation. It is unclear to staff
at what point, the property owner began using the property in violation of the zoning. Attached are aerial photographs from 200 I where the southern property is not being used, to Planning
Commission WZ· l O-OS/MS-l 0-04/Hoss 2
2004,2006 and 2008 (most current) where it is obvious that there is illegal storage of pre-fabricated structures, storage containers and the placement of fill material. (Exhibit 3, aerial
photos of property) A site inspection performed on January 24, 2008 revealed numerous zoning code violations on the property and a warning notice was sent to the property owner. At that
time, the property owner was also cited for stormwater and illegal fill and grading violations for the placement of fill dirt and lot grading that occurred on Lots 2 and 3. It is undetermined
at this time how much material was placed or what the fill consists of. Subsequent to code enforcement negotiations in 2008, the property owner worked with the Community Development
Department to remediate the violations. The property was substantially in compliance in the fall of 2008 and the owner continued to work with the city's stormwater coordinator to achieve
compliance with state requirements for storm water management and erosion control. By late in 2009, the property was again out of compliance with the parking and storage of numerous
storage containers on the property. The approved Final Development Plan has never been implemented. City of Wheat Ridge staff is aware of the challenges facing the property owner and
the fact that the approved planned development plan is not meeting the needs for his business. The property owner indicates that he needs additional material storage but can't afford
to construct the approved warehouse building approved by the existing FDP. Both Community Development and Public Works personnel have corresponded and met several times with the owner
to discuss modification to the existing plan with no action taken. It was not until staff summoned the property owner into municipal court in June of 2010, that any attempt to mitigate
the violations was initiated. It is the intent of this case to get approval of an FOP which allows expansion of the screened storage area and reflects existing conditions on the southern
portinn. III. FINAL DEVELOPMENT PLAN The prior planned development zone cbange process required an Outline Development Plan (ODP), with the zone change request which set allowable uses
and development standards for the property. It was general in nature and served as a blueprint for development of the property. The Outline Development Plan was also used to establish
design parameters including maximum building height, minimum landscaped coverage and minimum perimeter setbacks. The proposed FOP amendment must be consistent with the approved ODP.
The proposed Final Development Plan is intended to allow the northern Lot I to remain essentially as it's reflected on the existing FDP with the exception of a screened storage area.
(Exhibit 4, proposed FOP) The storage area was originally located on Lot 2 but the resubdivision will allow this area to be expanded and to become a part of Lot I. The front portion
of the property will be landscaped and two drive areas into the property from Parfet which are currently gravel, will be paved, as will a parking area located west of the existing office
structure. There are a number of mature trees on the property which will remain with additional trees and shrubs being added. The storage area east of the office is currently screened
with a 6' high solid fence with slats. It is surfaced with recycled concrete and will be expanded to the south. While it is not permitted by code to Planning Commission WZ·I O·OB/MS-I
0-04lHoss 3
allow the use of recycled concrete for commercial storage areas, there is Oexibility as this is a planned development. This is consistent with the prior FOP. Two trees will be planted
on the western side of the expanded storage area. The FOP for Lot 2 (reconfigured Lot 2 and Lot 3 combined) has been amended to reOect the existing condition and to accommodate drainage
requirements for the upper portion of the development, including Lot 1. The "existing conditions" include the majority of the northern portion being covered in recycled concrete with
natural areas on the remainder of the property. The southern portion of Lot 2 is almost entirely encumbered with a drainage easement which will be vacated by the plat. The new drainage
design will result in construction of a pond and other improvements at the southern end. This will require some regrading of the site in order to make it work. Access into Lot 2 will
be from W. 50th Avenue. There is currently an informal access from 50lh but it is unpaved and has an approximate 18% slope. This slope far exceeds both the City (maximum of 10% for private
access) and Fire District (8%) standards and therefore does not have adequate access. New lot 2 cannot be utilized or developed until a revised FOP is approved through the public hearing
process which would include regrading of this informal access so the property is accessible. Several notes have been included on the FDP document indicating this restriction. (Exhibit
5, Erosion Control plan) The proposed development and any future redevelopment of the site must comply with the standards on the ODP. Attached as Exhibit 6 is a table comparing the ODP
standards with the development on the proposed FOP. (Exhibit 6, development standards comparison) Please note that the correct land use data table for Lot 1 is shown on Sheet 2 of the
FOP. The site data table shown on Sheet 4 of the FOP is incorrect and should be deleted. The site data table for Lot 2 on Sheet 4 of 4 of the FOP should be amended to indicate that the
areas not covered in recycled concrete are natural areas and comprise 65% of the lot coverage. Areas disturbed by grading activities will need to be revegetated. Staff concludes that
the proposed development standards are generally consistent with those established by the approved Outline Development Plan All requirements for a Planned Commercial Development Outline
Development Plan have been met. The following recommendations regarding the proposed FOP have been incorporated into the motion for approval: 1. The development standards for Lot I shown
on Sheet 2 of 4 shall be amended so that the minimum front setback requirement is 50' rather than 60' as shown. 2. The site data table shown on Sheet 4 of the FOP is incorrect and should
be deleted. 3. The site data table for Lot 2 on Sheet 4 of 4 of the FOP should be amended to indicate that the areas not covered in recycled concrete are natural areas and comprise 65%
of the lot coverage. 4. All improvements on the revised FDP, including revegetation of areas graded, must must be in place no later than three months after City Council approval. Planning
Commission WZ-I O-OS/MS-I 0-04/Hoss 4
IV. FINAL PLAT The property is currently comprised of three parcels. (Exhibit 7, Existing Plat) The current proposal is to adjust the common property line between Lots 1 and 2 to allow
outside storage on Lot I. Former Lots 2 and 3 are being consolidated into one lot. This was a request from staff due to the inaccessible conditions currently on the property which essentially
made old Lot 2 landlocked. The result of consolidation of old Lots 2 and 3 will be a property with split zoning. While it is customary to have zoning lines follow property lines, it
is not required. (Exhibit 8, Proposed Plat). The plat establishes typical utility easements around the perimeter. Existing drainage easements have been vacated and new drainage easements
corresponding with the submitted, approved drainage report have been shown on the document. The City's language for maintenance of storm water quality ponds and detention easements has
been included on page one as notes 13 and 14. West 50th Avenue dead-ends at the southeastern corner of Lot 2 (formerly Lot 3). On the original ODP document, a 25' future right-of-way
dedication is denoted for W. 50th Avenue extending along the southern boundary of Lot 3 (now lot 2). Prior action by City Council established the policy that 50th Avenue will not he
extended from Miller to Oak; therefore, no right-of-way dedication will be required. All regulations and standards of Article IV of the Code of Laws have been met. V. AGENCY REFERRALS
All affected service agencies were contacted regarding the ability to serve the property. All have indicated that they can serve the property subject to required improvements constructed
by the property owner. Specific referral responses follow: Arvada Fire Protection District: The maximum allowable grade for fue apparatus is 8%. The property cannot be utilized until
adequate fire access is provided. Valley Water District: Has existing lines and easements through both lots which must be able to be maintained . The placement of the fill dirt may complicate
maintenance. Additional water main lines, hydrants and taps will be required upon further development. Wadsworth Ditch: Enclosure of ditch will require a license agreement. Xcel Energy:
Can serve. Wheat Ridge Public Works: Has reviewed and approved the proposed plat and drainage report. Adequate easements have been provided to accommodate storm water detention. Planning
Commission WZ-t 0-08/MS-1 0-04/Hoss 5
VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed FDP is consistent with the standards established in the ODP and all requirements for a PCD Final Development
Plan have been met. Therefore Staff gives a recommendation of approval with the conditions listed in the suggested motion for approval. Staff concludes that the proposed plat meets the
requirements of Article IV of the zoning and development code. VII. SUGGESTED MOTIONS: FINAL DEVELOPMENT PLAN Option A: "I move to recommend APPROVAL of Case No. WZ-IO-08, a request
for approval of a Final Development Plan for property zoned Planned Industrial Development located at 5130 Parfet Street for the following reasons: 1. The Final Development Plan is consistent
with the standards set forth in the approved Outline Development Plan for the site. 2. All requirements for a PCD Final Development Plan have been met. With the following conditions
I. The development standards table for Lot I shown on Sheet 2 of 4 be amended so that the minimum minimum front setback requirement is 50' rather than 60' as shown. 2. The site data
table shown on Sheet 4 of the FDP is incorrect and should be deleted. 3. The site data table for Lot 2 on Sheet 4 of 4 of the FDP should be amended to indicate that the areas not covered
in recycled concrete are natural areas and comprise 65% of the lot coverage. 4. All improvements on the revised FDP must be in place no later than three months after City Council approval."
Option B: "I move to recommend DENIAL of Case No. WZ-lO-08, a request for approval of a Final Development Plan for property zoned Planned Industrial Development located at 5130 Parfet
Street for the following reasons: l. 2. 3," FINAL PLAT Option A: "I move to recommend APPROVAL of Case No. MS-I 0-04, a request for approval of a three lot resubdivision for property
zoned Planned Industrial Development located at 5130 Parfet Street for the following reasons: 1. All requirements of the Subdivision Regulations have been met." Planning Commission WZ-J
O-OS/MS-J 0-04/Hoss 6
Option B: "I move to recommend DENIAL of Case No. MS-J 0-04, a request for approval of a three lot resubdivision for property zoned Planned Industrial Development located at 5130 Parfet
Street for the following reasons: J 2. " Planning Commission WZ-J O-OS/MS-J 0-04fHoss 7
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FfWJfU:.F£ET wtM.N SIl!.: 5 F!£T PER ifeRr' 310 F££T FIDI PU8l£ ROW wttMJM ftUIt '10 fEfT F<lA t STCRt; 5 AOOITOW.. FEET ~ STan' 'THE.AENTER #rIICMT£CT\.IW. RBVJIB:'BrTI Of 1M: CfTY
CF Wt£,+r,T ROGE COOE !WrU N'f'\. Y .w::xriC'Jl.M. REWWRalOT 2WU OCCUR'MTH lHE FIIUol ~ ~ ME'ttEW. attuD A." SlIl..lCT\.RE IE P9U'08ED FQl LOT 1 AT A AJl\R ~Tl, llE..w:HrlCT\.M, DESOI
StWJ. CflEATE ACO£Sr\IEfESS B£JWEBI TtE 0fWl.I:REtflI BI t.DfI 1 ~ 21"1 1CClRfI'CWT1NC SM..NI: FOIIIM, W.,fWU. m:n.ou.""_ ......... UDlNGHEIOHf: 311' "0<./= I"I..M!!I!WII! T!CMmCA.J'JOIt
~ FOItJJI'iW:NIoJ.. THIS ~DAYCF ~M"",4"I"J,, _ .= -" THE MEAT ROGE PlNHHG CCMIiSOl al~a.n rnM~ en! CBllFiCA!lO!: _""~'OF /)1-:; cmOOJHCL ,~ IYTHE 'MEATIl(IGE t. 1«1 PAACB. wmtII T1-£
ItOSS ElEClRIt PI) WAY BE CONSTRUCTED IN PtWiES, F<IJ..OIMG Af'PROYH. Of IIlAn .... ftEZOtItG, IHJ SITE fI\.Mrl fTa NmCPATm 'TlMT THE HafT ~8 StW..l BE OONITRUCTION OF TIE lEW FACIJT't'
ON lOI' 2 All) ~ fI #rGCESS OFf OF FWlFET STREET . 1 00 OMEA IfTEIC)I TO COfTH..E CL.IARENT 0fI'£AA. ncHS a-H06S ElfCrJtK;: c:. lOf 1l.1l1I. CCU'l..fT'OI CE M NEW' FAClJTY ON LOT 1.
0frCE lOT l" CQIU1E, ttDIi B.ECl1WC w,y COf11IiU. TOUSEIOCCUPY LOT 1 AI PM« 0# lHIE HOII B.iCTRIC CPERATIONI. <M.IIEOIH A PEW l.I9E ON lO'T 1, " ~ TOM i'fOI .... CFM~OOPNrI) RJP. FLOT
1. SClD. AT l*.TTMA IJNFH) COf1RCI.. n ... lUEHT NOOR OCM:Ho\HfS StW..L lIE AE<l.IIIIED .. ~ 'MlMaT'f Of 'MEAT ROJE CODE sec. lI-DC.1.a{1) 1 EXlSlltO AORIO.l.NVLACTMTDNoIO U8E8, NolO
JUJrCCessmY STRUC1'I..fIES 1*T .lIRE OJSTOUIr.RI. Y MlDEHTIL OR N"PACI'ftIo\, 1'! TO FAAIIMG, 8tWJ.1Iif: PBMTTED ~ LOT! ON ". NTl:MiBASIS DI..IRJ«> lHE PHASEO DEVEl.CftIENT CF nlE TOTAL
FW>JEC1. OICflOT2ISFW.Y~ THE9E1PITERIII F~ USES WST case JHJME ~YIC)l H..l0WAaE U&ES. 4. Al.!.EDSTING nJIl.IC1l..RES aWJ. lit H.l.OfIE.D TO f£IU.IH IN TIER CI.RiBIT CXJIUTlClM ,., !tW.1IE
EXBI'T Fr.ot.IlHf [£w1ELCAEHT IT AN[WfJS. EXISTI«J MX;E.SfO'tf STllOCT1.JlU. 0NV0GfJ. (lJl.8Ul0l«)S, £Te. SKAU Bf: ALLCMel TO RBU,IoI AS ACCE$SORY' 1TROCl\Ra IK) STORAGE FOR #l('( CF
11-£ HJ.ClIIIe) UIEJ. S. ALL EX1£RIalSTOAAGE M.IST BE:DIfiNED 'I'WI'Tl-i "'. FOOT \/lEW ~ FEt«:f .. JIl CASEStW.l ITOAfD WAT~ EiCCEED M I-EIGHTOI nt: mo: fI Fl). '.eta.!S .... Y. STOAEO
FOR fX'TEN)fl) PfRIODSOF l'I,E, ~ M STOr.AGE AREA .... Y NOT. USSl '~ . ~.--..... --........ ,.. ..... , yn.ll&'I' TJW.R'C EXHIBIT 1 ---,..:m.1. _.... --.-0""" ..aT .-OF I I , •
, SITE V I C I N I TY MAP lOOT Ta SCALI: HOSS ELECTRIC PLANNEDINDUS~LDEVELOPMENT OUTLINE DEVELOPMENT PLAN AN OFFICIAL DEVELOPMENT PLAN II TRACT OF LAND LOCATED IN THE NE 114 Of THE SW
114 OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST Of THE 6TH P.M., CITY Of WHEAT RIDGE, COUNlY Of JEFFERSON, STATE OF COlORADO , ,I I I ,I ,I ZONED A-I : USE: ROCK ST'ORAGE MO OAAVEL
~ ~uc st.RV1CE REOUl.Alf: srAllOH.1 AND UNDEVELOPED ,,I , I I ,I ,I ZONED PlD USE: PARF'ET INOUSTRw.. PAA<. L • COMM~HOlJ5iRW... COMP"l.£X ;,( I ,r---.... _ ___ .~ I ~--------------~~~~~;!~;---~~~~~~
~~' ~ -----J __________ -1 #J' PFfNI'Cf CEDAR FD4CE ··LOT1 31,112 sf 0-·· ....... -. .. I . ' 15' 'NCX)() PRNN:;( ,. FV<C£ I I I n.JT\JRf: 0lJ1'000A STClRAOE. APPROX. I O.""3!j, SF IGRA'JEL
SURFACE> ZONED Pte US£: ~AAfU" IHOl.ISTRIAL P~ COI-tM!:AC~NDU5lRlAL COMPL£X Nt£A TO 8E LANOSCAPED WIlH HAl1VE GRASS. EXlSTlNO EASEMENT PRECUI9E:6 niE ~NOOF'ffiUS 1--------~~ ~~~~ ----------------~~h~
~~t,~~~~~~~~~~~~~i~gJ~~ ,,I ,, ............. COIlDI Of t SlCllONI&. 1)5. 116"' I .. COGro ...a. S REBAR w/I :l-I/T MASS CAl' ,,I L S 11.1212 , ,,I I,, I , ,,I ,I ,I I ,I ~~~~G EAS [NT
PRECUJOES 1M!: Of'lM£S ,,I I , , I , Z()toolED : PIC ZONED A-I AREA TO BE l..AHDSCAPEO USE: cot«AJNER S'fSTEMS MINOR sue t-r¥.''' ;.~;'J~;~' COM~lALJClff1CE/INOt..t5lRI.Al.. DEVELOPMENT
STANDARDS LOT I ..........,UM SET8ACKS fRONT: 50 FT. 510£: "FT. PER STOR"( LOT 2 MINIMUM SE1'8ACKS FRONT; !!K) Fr. SlOE: 5 fT. PER STORY 30 fT. fROfo<4 f"IJeUC R.D.W. ftEAA: Ion. I"OA
I STORf, !5 fT. 30 FT. FROM PUBUC R.O.W. .".".."..",."..""'.",. P£J> """'" MAR: 10FT. FOR I 91OR'I'. !5 fT. AOOnlONAL. ..... """'" 1>1 £IO£N'1UI MAXIMUM 8UlL.OINO HEJOHT -315 fT. JroW(Ifo«..Iro4
~ BY MAXIMUM ~ fl'( IIUIlDtNOS AND HAROSCAPf: BUILDINGS AND HAROSCN"E (~ CW LOT' :E 30 • ....., ... 0 Y .' MAX. 1tLDO. f'OOTPRINT -15.000 SF. (eo~ OF LOT = "7,e.AO.S SF.I MAX. BLDG.
f'OO'T'PRINT -15.000 SF. ...... IMUM l.ANOSCAP\HO UtO'tllt Of' LOT -7,0 I e .'" Y .) AEOUIRED PARKING -23 .... SPACES MINIMUM lAND5CN"INO (ZOOMlOFLar .. (I.QIO.2SF.) Jt#IiC~CTVRAL IXSIGtII
STANO.l.RDS, UOHTlNQ STANDARDS, & I"ENclNO STANDARDS, 5£[. CXJVER SHttr. ARCHfT£CTURAL DESIGN STANQ.t.R05. UGHT1NO STANOAR~, & f'ENONO STANDARDS. SEE c:ovER SHEa. LAND USE SUMMARY LOT
/I4If£A (SF".1 38.082 sr, ~o • 8LOO. SF. I QARAG£-.. QO SF. HOUSEJC)f"flCf:= 2.32 ... SF. ror...a..-Z.8 1 • SF. I ONVOE= .2. WARD-IOUSE-3 .708 SF. ~Q08SF". 0f'l'lCE= ...... S .. SF.
lOT...a..-Q .1502 SF. (5'Tt)ftAG£ AREA=-10,"'35 SF.) , etJlLDNO ~ PAVED NO£A AREA 7 . 3Q~ 31 . 87~ (2.81. SF.) 112.137 SF.I 115. 12 .... 20 .... e~ (Q.&oz SF.> (ZO. 181 SF.> USf:: RESlOENT\ALIAO
,-------------~~lt;i I 3 ' R£TAlNINO WALL I r-------------~ ------~ I I I I , I ,, ,I , I , I , I I I r-------------,-.... I ,I ,I I ,I I I I ,I ZONED A-I USE: F£SIO£.HTlAL/AG ·tON£Ok.1
tlM; '.";. ':"?-' '" LAHDSCAPED AA£A Rf:QUIRED ~ .. lOTA!. 20 .~ eo. 7." I """" (7 ~8Ie sr.) (Z3.131 SFJ ZO.()0f'4 83."Z" I """" (13.510 SF.I 137.708 SF.) PARKING REO. WAAEHOUSE -=O
.8 cwnc£=7.7 iur.AL""s .• WAREHOlJS£ & SHOP=-e.s ~E= I ... g lOfH..-Z3." PAAKlHG F"RO'VIDED g lOTAL SPACES (I HAliDlCAPPEO) 2. TOTAL SPACES (2 HANOICAPPED) \ COMPI.LX I \ \ '3 ' RETAININ,,G
WAlL , , , \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ lOT , WlJ.1IEw.tI ZOEIl1.-1 . rr IS tc:LLIlEO Cf4 TI-IS 0f\Irulf't0I£Hl fI\)H Fat 1J..USlRA.1M.1'\R"OSfS QIrrl. '1'. IT CMt If. USED M
STat»-WATIR cmJmOIIF<lRI'AIlI'OOEIl ~T Cf4 LOTS 1 NCJlOTl , , ' . ---DItMr.c... ... Fa.»:3111Z11. PNr-« __ hli """" DAVE ~t . ..,.. tao .. ...nJ .1 "AT~. CO II"t 3(1"."0." •• »a.NO.1"
~m ----A_~ --------_... . 0 1 -"'" OCT06E~ 18. 201 ---"" OIn .... AII 2 OF
• ~ N J SITE ~ICJC! ~,.D: ,. 401U1 A N VICINITY MAP ,. II " HOSS ELECTRIC FINAL DEVELOPMENT PLAN A lRACT OF lANO LOCATED IN THE NE 1/4 OF THE SW 1/4 OF SECTION 16, TOWNSHIP 3 SOUTH,
RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COlORADO METES &; BOUNDS I>. I"OIIfIOH aT "'ACT 2, I"AAfET pAIfI( SUfIOI'oIISION, AS Pl.ArrEO 1'1 TH£
R£COIitI')S (I' SoW ~IY AT IIOOK Ir, .. I>.C( :lJ, SAIO LNIO IS LOCAl(t> .. fW[ NCfIMAST ONE-CiU-'R!tR (X lH[ SOUTHWIE$T ONE-OU.oJtTtll Of SECTION 16, TOMfSHP .5 SOUTl-l, fI.I.NIOC 611
W€S1 Of" It€ SIlI.Tl-l PlffiCPAL W(ROAH, IN ll-I( OIY Of 'oIIWUT M><E. JEJT[IISON COJI<IfT, o;:rt.CiRAOO, "OIl( · PNlncr.A..ARLT O£SCRI8(O AS (0llOWS: ~ AT Ilt( SOUTH 1/4 COI'tN£lI aT
SAl) S£CTlON; lMOIC£ 1tCIO'12'~·W, 1.5111.21 ftCT TO M SOUTHE ... S1 CORNtR Of SAID TR ... C1, !IONC fH( POI'IT "lt1"O"Ia". "se'r"." 02"'W, 221,» fU1: fH[NC£ HOO'12'~·'rI, 21~00 fUt,
lIiOOC£ SlIt'H'O:·W, :n.oo FUT: Tl€NCC 1oIC)012'58·W, 21~00 FLU, 1t-I£HC£ set·H'02·W, 27),00 FUT ro fW[ u.s! UN[ Of P.o.Rf£t SlR[[l: nt£HC[ HOCn2'58"W ~ SAIO ["'ST I.JN( , 1~2.SO rcn
TO TH( SOUTI4 l.M: Of" OR...a: WlNI>.Q(W(Jo1T ~NoOs.~!t)-~OHG SAID SOUTH LINE. .52).01 mr TO THE 'fI(ST UNE (I' UflOTOIt (M C, NO. r0PS4_): ll-IOIa: SOO"I2'S8"( OIIlCHG SAID '/IIlST
l.M.. 2211 7' rur ro IK SOUlH lM Of SOW UTIOTON, THOle[ N8:t"47ort 4UlII(: M SOJTH UI'€ Of SAID mACt, 2O.5. ~ net TO 1M[ UST UN( C£ ~ ~~~ONG SAID 1/4 s[CTlON UNE. 410.32 f"[U TO M POINT
Of 8(QNNlH(:. \lASTS «fI[ARItICS.. IHr UST LH C£ M SOUTHII(ST ON£-CiUMT[R Of $CellON }6 ~Ttll AT IIOtH 1H£ SOUTH 1/. alIM:lt JoMO COlO 1/. CORtO a T .5 -1/:" MAU UOPS ~s 11 .52.2. SMl
utI£ 8(ARS N0012'58'W ptR lH(. Of'!' or WH(AT RIlC( COOROIH./.T£ sysrn... OWNER'S CERTIFlCATE THE BELOW SIGHEO OWNER, OR lEGW. Y IlESOCA T8) AGEHT Tl£RE(f, OOES HERESY AGIE.E l)4ATTHE
PIO'ER1Y l.BW.Ly~ l-£A£~ WIllIE DEVElOPE) loS A f'lNrfEO tE\1:LOPMENT II N:O:RWICE 'II'fTToI THE USES, ReTRlCnONS ~ CONlfl"klNS CONTAIED !fool TIllS PlAH, AJoIJ AS ..... y QTHERWISI;
lIE RE<'JAIIfD BY LAW. I FlJR'TloER REOOGHIZE l1it.T TlEN'f"RCNN..C7' ARElCJTod«> TO PlJrHNEO C£\oa.OPMEt(f, AI«) 1tJ'fIfCNN.. cs: THIS FloW. C£IIEI.OPtotEfr PI.AH, DOES frDT ~TE A VEStEO
PR:PERTY ROil. vesw PRCPERTY RQfTS w.y ON.. Y ARISE N«) ~ P\.R3I,W(I" TO THE PR:MSiCJtS OF SECTDl2&-121 (J THE WHEAT RI)GE CCOE OF lAWS. ..... """" -$l1>.1t or c:a.t:IIlAOO \ ss COU'ITY
Of .£rmtSCII ) "'\'OfI(oot4G ~~~00Ul1lU0R£ wE THIS ~O"'f Of -.Jt, to ~ I'Y 01>."" MOSS. SHEET INDEX COVER SHEET ............ . ....... , ....... . ..... . S1 SITE PlAN ...... .. ....
. .. . .. . .......... S2 lANDSCAPE PlAN ...... . FENCING 1 SIGNAGE DETAILS .. ARCHITECTURAL ELEVATIONS . ARCHITECTURAL ELEVATIONS ... .. .. .. . ......... . L1 L2 A1 A2 ~ Tt£ RE(;I.U
T04S JrH) RSlUREWENTS SET FORTH fERf" OOYERH nE REV£W NClIJllfllf¥:HN. ~ AU OEVB.CPIoIENJ WlTHN THE HOSS ELECTRIC f'l.AIotIB) 1/OJ9T'FI:W.. DE'IELOPWEHT, OE'IELOf'W9IT IJ'THtS PIC stW.J.
COIf'"QIN TO AU RfSTRCTICHS. REGUlATIONS AI«) ~DUAES AlXPTED BY OROINAHCE WlIHt-I THE em' (F 'MEAT RllGE AT THE TIWE OF P..ATTlHG, EXCUr AS EXPRESS.V PRCIW)E[l ~ ~ ntS FW.L I.'IEYnClPUENT
fV.IoI L01~ WAAK.IN tOT ~ BY B4.III.DHG FOOTPRM IS 15.000 SF. EACH lNLOTS100t .-I-S RECUR£:{) IN SEC'OOH;16.S)1 OF nE OTY Of 'MEAT RIOGe CODE Of lAWS Ff!JICEt NID IrAUS: N>~lYOETAl.EDCN1H1S~FHAlOE'll
f:U:AIf.HT1\.AH, 0nER'MSE, FWOW REOIJIRf~sa secT~ 2I-«l3(F THE CITYa' WHEAT IIDGE COOf OF LA~ -AS SPeCFICAUY CETNtEOON ntSN"PRCMDFIf<W. DEVElJPMEtfT P\NI 1-1« 8IJSIESSfS t.OCATEOOM lO1
2 WAY UTlJlE 1'* FREEST-"'»IG SIGH ON lOT 1 .......,.,.. ~2O%~. I..AHDSCAPEBlFF€RlHGF(RPARKN;lOTSSHALJ. Wove Al.ANJ8CN>f: 8LFFEROf" FROW ~ ~ TO lIE RfOtRD. WITHfrI fHE 8' L»OSCN'E U'fER,A8'
HOi ~ACY FENa:, WN.l. OR lEDGE SHAU. lIE f>ROVDEO. FOAN..lOTHER SlI>HOAAOS, REFER TO SECTION 26-6Q2Of THE CITY OF ~ 1 RIDGE cooe Of LAWS mBIKIR UGHrWG: I\S REOURED IN seCTION 2J&..603
Of THE COY Of 'MEAl AIOGE coa: Of LAWS Mi~UM fRONT; 5OfE.ET MlHIoIUtoISIOE. SFfETPERSTORY JO FEET A¥JW P\JII..(; PI.JI( .. IN ...... REAR; 'OFEET~ ' STORY: 5 AODITIOfW. FEET PER STORY
~ ~ REO..HWEHTSCF nE aTYCFMEAT RDE cooe !HAllN'F\Y ~lRAlA£\'IEW FOAlDT 2WIU. OCCI..R WfTH me fIIW. ~ FVH AfVIEW. SHCU..D A J€W ST'RI.IC'T\H: BE PR:lPOI3EO FOR lOT 1 AT A I'U'T\R ~TE.
Tt£ AA::IfTEC'J\IW. OESIGN stW.1 D£A TE II COHESIVENESS IIEl'WEEH Tt£ OEVElCAlEHT90N LOTS 1 NoI028Y 1NCORF'CIlo\l1HG SlllAA F<RW!i, fMlERIALS. TEXT\RS.. AtC> ca.ORS. AU ROCf'TOP 1oE0WIICAL
EOtJI'I,EfrlT WST lIE """""'. arrCaU~TION: _""~('''CF ept,l CI!Y """'" """" ". .. (';, ~: ; ~, : .... ' I .~: I AHY PARCa. WlTHlH TtE HOSS El£CTRC PI.lI N,t,Y BE COHSTRUCTED tI F'tWiEs.
FCUClWlNG I'I'Pf¥:lYAl a= PlATTtIG. RE2'CHtIG. AHO SITE PlNt, IT ISAHT"""TEO THAT me FIRST IWF'IlCMlIIEHTS 9tWJ.. BE ~ OF THE ~ FACUTY ~ I.DT 2 ~ R£AI.laNWEMT OF ACCESS OFf OF PNIfU
8TIEET, 2. Tt£ QMoIER INTEHD& TO CONTNUE ~ 0f'ERAT1C»tS cs: HOSS EUCTRC ON Lor 1lM1. CCU'lETTON OfTtE NEWFACUTY Or( lOT 2. eta LOT 21S CC»rI'lETf, H09S El..ECTM:: WAY COfTNJE TO USE.OCCt.Pr'
I..OT 1 /lIS PMT OF Tt£ H08S E1..ECTRIC CftRAlllHS, (II. JEGIoI A lEW USE OH lOT 1, IN AOCOfD\NCf: TO THE THE f'R:M!IIOHS ~ THEAF'PRCWEDOOP N«J FOP. F LOT 118 sa.O,AT Tl'AT TIE A UHIFEOCONI'FICl.
STATEMEHT ,t,NQIIOflCOtENo\NTS 8tW..L BE REOI..HD .. .t.CCORCW«:E WI"JM CITY (J WlEAT RIDGE COOE sa;. a.:DI C.1.a.(1) 3, EXISlflG AGAIOJl T\M. ACTMTlES AND U8ES, AHO AI.l.1GCeSSCRV STROCTI.Il:ES
THAT N£ CI,!STOWoRlY IHCDEHT .... ORN'PROPRIA.Ti TO F~, 8Woi.l1lE PERIr«TTED WIfTI*I LOT 2 ON N4 M"ERIoIIIASI> DlRING TIE. PHASED ~T a n£ TOTAl PROJECT. CJa.lOT 2 IS AJU Y ~CftD, TItiE
WJERI,f FNI.IV«; uses IrIJST C9.SE ~ All: SlASfcl.em y HOT AU.CIWABIi USES. 4. JrU.EXlSTIHGSTRt.IC'J\.fIf.S StW.J. BEALlO\lIIEDTORQWH 1M 1l£1R o..fft:HT CCMlrTJC»t A «I SHit.U.1If EXEWT
FfQI nE 0EVEl.0PWE.MT STANW()S. EXJSTlIIG ACCESSCIn' ma.cn..R::S, GNtAGES, ClfTIl.l.DIMGS, ETC. stW.l1IE .IrU.CMfO TO RfMoVoI AS ~ STJU:l\JES N«I STcw.GE FOR Nfl CF THE AI..LCMED """.
S. AU EXTEfiIOO STQWiE MUST 8E SCHBEO WITH ~ 6 FOOT YEW CBSCt..RM> FEN:E. IN HCI CASE sW.u. STORED WATERW.J EXCEED THE I-£lGHT a= TI£ FacE (Ii FT). V80.E3W.YBESTtHDFOR EXTEtclEDPEAIOOSOfru:.~
llE STORAGE All;'" ""'Y NOT lIE USEO AS A PAAICING LOT FOFl ~Y.To-~Y TRAffIC. I . ..."., RE1JEIiB.ClPtoEHT OF lOT 1 WIU REOI..IFE "" MIEfrQEN1 TO nE Ftw.. 0EVa0PtEHl P\NI.. M: E.II:LSlltG
~ S1RIJClIJAfS I.OCA lED ON LOT 1 !roiAY RBV.!fooI !~ THEIR CURRENT lClCA.1lJN6 UHTI. REDEVEla>WEHT CASE HISTORY _IXA5U)3A5 -..... -, ........ ~ .... _-_ ------..-...... -....... OCTOBER
16. 2002 WZ-02·12 MS-02'()7 WZ-03-08 EXHIBIT 2
~ ~ ~ " ~ t~ ~j ,_.:. I.. l~ .~ !~ ~~~~~~~~~~LU~ __________________________________________________________________________ -___ :,... ~ I I TREE SURVEy ,--"T ~-""'-r---_ T ---" ......
-JIonipo< r ---r r ---r ---• " ......... -......... " """""-.-..-" ---" ,. ----'--,r ~ or C ,.' • or • or w ~ ww ''"" or '•" r rr •''"" or w' 'e" -------_._ . --------------------------.,...,
~-,--'--w -• --• -or '" " or .. • -" --.. n " '" --.. -" '" ~ ~-" .. • .. n _lMI'b. q w -" '" --• -" " '" .. • --" '" " ,. -n .. or • '" .. • ---~' .. .. '" " -" w " " w " -,-u » u ---"
'" ~-~ " or -".. --,r -• .. -.. or -or or -• .. • -» " -HOSS ELECTRIC FINAL DEVELOPMENT PLAN A TRACT Of LAND LOCATED IN THE NE 1/4 OF THE SW 1/4 Of SECTION 16, TOWNSHIP 3 SOUTH, RANGE
69 WEST Of THE 6TH P,M" CITY Of WHEAT RIDGE, COUNTY Of JEFFERSON, STATE Of COlORADO ZQEI)~, USE: ID)I( STOAAGE N() GAA\'E.1PEA. PLBUC SERVn REGU.ATi STATIOI, AI<) UHIlE'IaCftD LDiTNG
FIXTLf£. m . (SEE &£ET Ell ztHOA·\ Z<»+ED Pt:l USE: PAAPET IHOl.ISTRW..-PARK C(:I,I~RlALeot.P...EX TRASH EMCI..OSI.JI:E LOCATION (SEf SHEET l ·2 fOR OETAl.) LOT 2 WTOOOR STalAGE ZOHEJ)
"" use. PAAfET 1IOJ.SlRW. PARK COhit.EflCWj()fFICEIIN'lUSTRIAl cot.f'lEX T Z_"" USE: COfoI'TAIt£R SYSTEIliS 1Al~ sue Ca.I~W,,()FfICEIIIfJUSTR~ """'EX LOT 2 " --or '" '" -" --r • ,. w
" n' '" or .. " ---'" .. or .. " ----'" • -~' --r '" • '" ---" '" or .. C' --U ,r --'" '" -" '" or i~~~~::Jt~~~~~~~~~~~::~~==::~f1~ ~g.~5' ~ TR.\SH EHClOStllE LOCATION (SEE StiEfT l-2
FOR DETAIl..) USE' RESIOEHTIAIJAG t«) PAAKING SIGN (TYP.) UGHTIMG FIXTURE, TYP. 'NOTL THUS TO IE RO/01oCl LANDSCAPE LEGEND QTY, SYM. COWWON NA.W:E BOTAN(CAt. NAJ.t; SIZE k CONDITION
DECIDUOUS TREES 0 , "" HACKeE ....... eeL TIS OCCIDENTAl IS 2~·~.e.e. SPEc~ • "'A AIJTlI"'N FURF'LE ~ FfiAxl~ A. 'AUTlI"N FURFlE' 2~' CAl.. BIB, !>PECMEN 0 EVERGREEN TREES • "'" ROCKY
MCU'-lt AIN "WIPEI'O: JUNIF'EI'!JS !GOI"ULOR.J1 b-6' 141. SPECIMEN pp PONDE~A PINE PI~ f'ONDEROSA 6-8' I-IT. Sf'ECIHEN EVERGREEN SHRUBS • .., eKTRIOCKJ:::T .U'-lIFEf't ..u.I1P!:Fe1J5
v1~. 'eKY~T' .. """-GC><!. ~ ,. ..., SEA ~EN..U04IP'EP;;: ,W11""E1'iIJeI X MEDIA t~~· -. '~A6fIe:EEN' 11 eM.! ~AD!'1OOR .A.NIPER .JU-.III"'E~ 5A01NA 'e~ADf'1OrOR" r~· ..... 2. ee.! &t.E
CI-III"' .A.NII""EI'I!: ..u.IIPEFaJ& ~Z.'eL..UE ~I'" ~,... DECIDUOUS SHRUBS 2. .. ,. ... -.t56loAN $.QUE FEROYSKJA ATRIPt..ICFOI..IA IM.~_ JAOCM~ POT'ENTILLA FOTelTiLLA ~TICOeoA t.~~-.
'J~II' ~ TL. T~E LEAF 5lMAC ~ TRlL06A t"~/~~MK '" , SCOTCI-I P31QOOM C'I'Tl&Je 5COPAAII.Je ~~MK """ , UE5TEpQt.j 5AI'ID QE~Y 1"'f11LN..15eE~TI ti"~J<g. ..... CL COM'1ON LIL.AC 5"'~A
V\lLc..ARI5 ~~ .... •,. WN UJA"I'l'AlQIi'«::i TI'i£E. VIBUI'i!-U1 vlElOlQN..M L.AN'TANA ~~ .... """ ~GON UflAI""E !-lOLL. Y 2. 6C GOLDEN ClJRRAHT 31~ 6f. HATIv'E DEED 0 --' LANDSCAPE
REQUIREMENTS: WIHIJllIWjREQUIR8D PROVIDED TREES wr I 7 ,. 30 LOT 2 11.9 12 SHRUBS I.OT I 38.0 .0 wr 2 58.8 I.' 500 wr I N A N A LOT 2 N A N A LOT I N • 6.170 Sf' NATIVE SEBD LOT 2 N
A 24,050 SF LOT I N A 41-4 SF ROCK MULCH LOT 2 N/A 3.351 SF M~IA AQJIf'OLU1 IM.~_ fli/!lee5~lI'1 1M. _ III:IUl; C<HmI.ACTOlt TO IIBFY "-A1fT 0lIAIlTTTY ACC_ TO ,.--...~ NON-UVING LANDSCAPE-~~~~
!':i;.1'fs: ~O.!!,D!P ~S~ LOT I 20,177 4 ,038 830 LOT 2 28,789 ~,760 3,361 IrCfo,.,RPAN/CYFEJotC:e (SEE SHEET L·2 FOR OETMo) r----~'Ni= PftOF'OSE:D 3' RfTAlHIoiG wAll _ J (SEESHEElt..2fOR~lAl.)
"' ..... -LANDSCAPE NOTES 1. AllI...Afol)8CNlS)NEASNi/£ TO RECEM ClRGAHIC SOIL PR3>loR/iTlON AT 3.Scu.~.!XllIf, f.H..fSS 0Tt£RWISE NOTED IN n£ TEQtICItl Sf'ECIfCAllCHS . 2. .AU. SHRUB
BEOSARE T08E ....... O£O'NITHIA'II. 3"0EP1'H,11frl.OCAlRM:RROCKO\IER SPECl'EO 0E01UI1..E ~ camu. FHIRIC. 3. SHRl611EDSNE. TO lIE COKTAIED 8Y 4'. '.GN.XiE~vNtIZBlEDGER.R't'ER:Sa400 EQUAL.
EOOER IS HOT REQUIRED 'MiEN AllJACeHT TO Cl.R!S. W.ttLS, OR WAlKS. •. Tl£ ea4TRACTOR IS RESPONSB.£ FOR TIE COST TO ~ UTlJTES. ADJK:fNT t...NI)5CN'E, Pl8...l:~PRlVATE PRa'ERTY THA.T IS
DNoWElIIYlt£ COHTRACTOOOR TI-£~ SU8OONTRACTOR'S OPERATlOHS 0I.RtK3 WSTAl..lATJON OR ~ M SPECIFED ~ PERIOO. CAll. ~ IJTUTY lOCA'OONS PfI:IOR TO N« EXAVATIOH. S. TIE CONJR.fCTORStWl. RE~T
N« ooa\EPN:¥;Y'" PlAAW, FROCXHmOHS I.IMEI:M m. Y TO TIE lAI'OSCN"E ARCMITECT. PRIOR TO CONJl«,IIt:; WITH T11AT f'CRTKltj: Of """ S. THE ~ SHALL lIE RfSPOHSI8I..E FOM THE REf'AR Of ItNf
Of 1lt;fI1l9O£S OR E)(CAVAT(lNS TW.T SETTlE. 1. 00 NOT 0IST1RI THE EXISTiNG PAVlfG, LIGHTING,I.NtlSCAF'Ni. OR ~roH Tl-IAT EXISTS AO..IoICEHT TO THE SITE UN..ESS OTIERWISE NOTED ON PI..Nl
9. C4U. a.LE STMa FOR UTIUlY lOCATIOHS PRIOR TO ~CONB'TRIX;OON ''''' ] ... -1.~1..o\IIlSCOft1S1'fICIIOIIHI. IlIEAUCIIIf..II'UT~WIIOlIOl,IMI\. w.......",.~. 1.~~(W'~'MJ."1W).1)Q)1II!1.
NTUri. EST/08.JIIWOO'. LIGHTING FIXTURE. TV? " .. ~' _• DlUjjfjA) ..... ,--"AVE !tOSS, H08S ELICTRIC !itaO PARF£T STA£ET WHEAT RIDGE, co 100311 If>I 30J.HO.OOOO WI 30" • ..-0.1100 ENGNEEIt
~~ ,.,._ .... _-... __0_:' _-.r.. . ..... ........ --OCT06£R 16 2002 """ "" lANDSCAP£ P<.AlI ......... L1
. ---HOSS ELECTRIC FINAL DEVELOPMENT PLAN A TRACT OF lAND LOCATED IN THE NE 114 OF THE SW 1/4 OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY
OF JEFFER~, STATE OF COLORADO r WAll WASH lJGHT FIXTURE (TYP) II I ~ SPur FACE OR PAINTED CONCRETE BLOCK FRIEZE /.. -/INDUSTRIAL oJ ELLYJAR' _ UGHT PAINTED HOU.OW MET AXTUAE AlDClOO
~ ~ -NORTH BUILDING ELEVAmFfN :;E OR PAINTED SCALE:"" S' GAlVANflED & PAiNTID t PRE.f1NlSHED AlUUINUtol fRAWE WI Fl)'fD GASS PANELS MET .... COANICf W/iNTBlAAL ---1+--_.. lklIiffiG /14'
HIGH INSULATED GARAGE DOOR /CONCRETE BLOCK BASE ---./PAINTED CONCRETE BLOCK ",,-' , r "" ~ANDAAO SI2E INSULATED ~ GAAAGEOOOO ~ INDUSTRIAl 'JEll. V JAR" lIGHT FIXTURE _ /PAJNTEDHOlL.OWMETALDOOA
"~ -F SPUT N:;.E OR PAINTED CONCRETE BLOCK BASE. /118'-0" WALl WASH UGHT FIXTURE (TYP) -.. /' POURED IN PlAC!' COOCAETE OR ARCHrTECT1..IFW METAL PANELS SPUr FN:::E. OR PAINTED COHCRETE
BLOCK BASE PAE.fINlSHED ALUMINUM STOREfRONT SYSTEM SOUTH BUILDING ELEVATION SCtLf: " :5' r r >--,--SUO ......... T ST1I£!" 'MtEAT IIIDQIE, co 80013 p, :JO:l.It~ .eooo If<l 3O'.II-'O.TIOO
--.... "" ARCtuTECTURAL ELEYATlONS ... -A1
HOSS ELECTRIC FINAL DEVELOPMENT PLAN A TRACT Of lAND LOCATED IN THE NE 1/4 OF THE SW 1/4 Of SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST Of THE 6TH P.M., CllY Of WHEAT RIDGE, COUNlY Of
JEFFERSON, STATE Of COLORADO SPlIT FACE OR PAINTED CONCRETE BlOCK FRIEZE PAINTED METAL ___ -' CANOPY BrnlNO POURED IN PlACE CONCRETE OR ARCHITECruW. METAL PANELS B£YOND EAST BUILDING
ELEVATION CONTROl JOINT (T'IP) --------P~NTED CONCRm BlOCKK------SPlIT FACE OR PAINTED CONCRETE BlOCK BASE WAU. WASH LIGHT AXTUAE (TYP) ." SPlIT FACE OR PMmD ()()IOO' IlDC)( BASE :t
72 5O..WI: FOOT PMfTB) W.u. SIGH (721HAR FeT) WEST BUILDING ELEVATION ~l· · S SPLIT F1CE. OR PAINTED CONCRETE BlOCK FRIEZE PAINTED STEEL STRUCTlIlE POURED IN PlACE CONCRETE OR NOiITECTVAAl
METAL PANElS PRE.ft..sHED AL.l.IMlNUM STOREFRONT SYSTEM ~V~IZED! PNNTED ~----METAl.. COANICE W/INTEOPIol lIGHTlNG PRE-fINISHED AlUMINUM CASEMENT WINDOWS (TYP) OR GA.!..vANI2ED AOOHNG
SCALE: /'::;, ' _1l<5U)3M9 ----0"'" ...0 ... ~. a..t:CTIIIC '* __T I>~AIIR.TC SOT lI_U)T 3 11"1 ICn.MO.1OOO WI Joa.MO.tlao --OCTOBER 16. 2002 ... "" ARCHITECTURAL !l£VAllONS --A2
HOSS ELECTRIC FINAL DEVELOPMENT PLAN A TRACT Of LAND LOCATED IN THE NE 114 OF THE SW 1/4 Of SECTION 16, TOWNSHIP 3 SOUTH, RANGE sg WEST Of THE 6TH P.M., CITY Of WHEAT RIDGE, COUNTY Of
JEFFERSON, STATE Of COLORADO .. " DlA. GAL.V .... NiZED POST WITH ROUNDED CAP. 4' HEtGHT ABOVE GRADE. GATE HINGES SHOUlD 8E DE.~a.O 80 GATES CAN ONlY OPEN OUT. PAMT WITH BROWN ~ ACRYLIC
EXPOXY I EXTERtOR p.u.r AND PH":R. SUBMIT COl.OR SAMPLE FOR APPROVAL. TO OWNER OR OWNER'S REPRESENT A.TI\I£. NOTE: CHAIN UHK FENCE MA Y INCORP RATE VEW OBSCURING FABRIC W.SH. w PARKING
BUMPERS .---H~ 131 PER UNIT REOUtRED. o 0 '" SHADOW STotE BLOCK OR EQUAL 'MTH PM-CAST CONCRETE CAP _ COLORADO COHCRETE "'0. CO. 17181 380-5477 PRECAST WHITE CONCRETf CAP\TVP. SHADOW
8TONE Bf..OCK OR EOUA . COLORADO CONCftETE MFG. O. ---n __ ~_ 17181 300-54n T r FOOTER TYP. LATCH ON aA\ \ /PRECAST WHITE CONCRETE CAP T'(p. SHADOW aTONE BLOCK OR EQUAL /COLORADO CONCRETE
MFG. CO. 1T191 380·S4n NOTES: 1. GA. TES SHALL LOCK ---tJIJ----n-'I""'---jfl:j--OPEN/LOCK CLOSED ''MTH III HARDWARE TO HOLD PIN UP i I -'-J --"",,_G. LJ-FOOTER TYP, TRASH ENCLOSURE DETAIL
PRIVACY FENCE DETAILS N.T.S. (Not to Scale) [>A -LIGHT BEIGE srucco P*TED III..ItCK OR r : .... ~ PIUIO.)NTRHETTERII FN:£ TO fIE INSET? SIIII.AA TOARQ1. METAl n r 4f\SIE!TM\DIFO£<~Y
8R1C1(", r; "'""'"""" ~ " T T [>A FRONT & REAR ELEVATIONS .. I N,T,S. E!<TRY MCfiUMENTATlON GENERAl. NOTES 2.. CCIr4O£TE CJI> IS TO lIE 4" llIICK WITH t" ctWI'ERAT 450EmfES, l. nE SIGN
F~ IS TO BE I..OflflElGE STLCCO. SUIMIT O'JI..OR SN.f'lE TO owtER OR OWIER'S REPRESEHTATh'E FOR N'fl'f«N~ 4. AU. CYJ BlOOtSNE TO fIE GAOOTEDSCUI. 5. ~Tl()t NIl REtIFt'IR::aENT ~ STROCl1.R*ol
EHGtIEEIl . . 4" 'TtIIQC CONCIEl'E CloP """.-"""'TO ~=-~ """"""'" Nt r . W4" llIDT<.T cx:H»«;R.£_TE eN> """TO ~ ~ , .... ""'" ,. """ WI"Jlot2."CHERI-WIG -UJHTBElGE S rucx:o FAa: TO fIE
HSfT • r<>IU CQAf ~BRlCKTO ."..".,".,".o"r'" .. .. 4""!lOCK CQlCR£Te WI1ll T (MRW.NG lTCtlJCCA: -BRICKTO caR"''' ~ SIDE ELEVATION SECTION A-A ENTRY MONUMENTATION DETAIL N.T.S, -. ~-.-.
· ~M M lUMBER FENCE NOTES; 1. AU. ll*BER SHAU BE NO. 1 SELECT, ROUGH SAWN CEDAR. AND &HAlL BE SOUO, STRAIGHT, FREE FROM KNOTS, SflUT., SHAKES, .. DISCOLORATION. AU.. CHAMFERED EDGES
• ROUTED AREAS SHAlL BE UNIFORM AND AU!! FRO ...... W "'ARkS. 2. ALL H" ..... FASTENERS AN) OltER HARDWARE SHALL BE HOT o.p£D GALVANIZED. NAilS SHALL 8E 8HANk. 3. POITS aHAlL 8( SECURELY
BRACED IN THEIR FINAL POInlON A ..... 24 HOURa BEFORE .OARDa ARE "ALED . .c. STEP FENCE 8£CTlON NO LESS TNAN 2" ANO NO WORE THAN .... 8TEP FENCE 'MTH NO MORE THAN S· FROM itOTTOM OF
ptCKET TO FINISH GRADE. OTHERWlIf:. IIRtHG PICKETS TO GRADE. 8. ALL EXPOSED LIJMSER SHAU Sf: PAINTED WITH PENOFIN RED LABEL IN CEDAR EXTERtoR COLOR . BEVELED FACE DlAMOMO PlIO BlOCK
COlOR BEGE SEE PLAN FQR HEIGHT. STRUCTURAL ENG_ER APPROVAL IF OVER 30'. NOTE.: STRUCTURAL DES6GN 8 .... MANLFACTURER AND CONTRACTOR. I-,L.:" i __ _ 0" MtHlMUM COWACTED GflAHUlAR aASE
RETAINING WALL DETAIL N.T,S. 1. ow.tOIC) ~ BEVB.ED lHTS 'N!TH -eN' ItVM.N3l.£ FRON ~. COIlC&tO Ph:Ine: aoo.~AVE AVE ---.am 2. SlaIITBI..OQ(JKJ8IEGECOI.~ SAMfIlf TO CJIMER OR ~ REPRESENTATM:
FOR Jl>f>Pl:NN... 3. FCX.iOW ALL MAHUF;.cT1JRE ~c::c:M4ENDIt.noHS FOR STR.ClU'W. CESIJH At«) INST.-.u.ATION -..---11C _ c-DAW HOe8. H058 EUCTlIIC .taO IOAfW'CT S11IHT \llllHEAT IUOGII!.,
co ~s !PI "~MO.IIOOO IFl aoa.MO.11OO ~ERJNG --_---A---S.. ~ ... _-_.-.... -OC'toBER 15, 2002 --... TWo FEHClHG/$fGMA~ DETAilS L2
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I I I I I I : I r ".I 1//I I' : r~'~' '''1 ,I I, ~ _-:--'1 r':'''''\,~~"1 I ' .1 ... ~ :-·~I , • LOT 1 \ \ :-\ j..:' /," ' -,-/-', ' , ( ~ , ~ I \ " " -' GRADING AND EROSION CONTROL
PLAN ~ ROSS ELECTRIC : LOCATED IN THE NE 1/4 OF THE SW 1/4 OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDlAN, f CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO
I I 1 I I ~ I I A I I I \J I lO l~ .30 " SC.t.L[ \ -• .30' LEGEND ____ PItOJ£Cf BruND.o.RT _ P"OPOS£D STQR .. SOOt ----PIIoPOStD COI'ITOUI! ""o<'CSED RIP-IU.!· _ tlR"I N "'G~ F".oYI
A"AoYi • __ ._ . ..... ______ ()()STIN(; "".l(JI ..... m -_ -ExPSTIN(; SAMT"''fT S(wtR lot ...... ENG1NEER'S STATEI,fENT !iRI.o.N KJiOIoI!lDH. P.E. o .. rr CXllORAOO NO • .)<1211£ ~()ft
,,"D 0I<l IIDIAlI q: JOt,£S OIg.;EERIHG ASSOOATES. INC GRADING AND EROSIO)..; COI'ITROL PLAN HOSS ELEcrRIC JOB NO. 10056 DATE: JANt;ARY 7, 2011 SHEET I OF2 ~ JONES ENG,IN EERING ""'nr
INr EXHIBIT 5
Comparison of development standards on the 001' documenl wilh proposed FOP -Development Required by 001' Proposed on Proposed on Standard Lot I Lot 2 1\ I in. selbacks Front: 50' In
N/A Sides: 5' per slory 25" (norlh ) N/A 30' from row 55 ' (soul h) N/A Rear: 10' for I story + N/A 5" for each aclclll slory 122' I-Ieioht: 35 ' 15' N/A Max. building footprint 15,000
s. f. )J' 1)-S.f. (-+ . J" V!0 ) N/A iVlax. coverage by building/hard surfaces: 80% 26,368 (-+9.6%) .') -+ . 7/7 s .r. eJ-) O 0 ) M in . landscaped coverage: 2()Oo 26.787 (50. -+°,,)
6-+.J-+-+ s.L (65" 0) (nat ural arcas) EXHIBIT 6
,, il ~ s: II ~ : .. I I I I I I PORlION Of "fflAC'f 1. PARrCT PARK WINOR SUIIO/VISIOH GRACt:WANA~ R£C£PTIOH NO. 83008646 """" .... 38.082 SF (087 ole) ZOHtO P.lO. ClYI)( G. AHD SKAU:V
J. LO SASSO R£C£PTIOH NO. Q;!132e0.4 ZONED A-1 ~-----------------I I I I AOi'W...D R. AMO 8£TT'f L ROQITdL! BK '2'108. PO 14 ZOH£!) ... -1 I ,------~ ___ _ ___ , _ __ J I I I I I I I
I ,-----,-' I I I I I I I I I I I I I I I I I I I I I I I I Al'i'WtOSA AH:I fRAW( .... WOILIHG R£C!PTlOH NO. 767i5037a 2eHEl) ... -1 PORTION OF TR ... CT 1, PARr["T P AIU( t./INOO !OIJIH)IVISJON
GORJ>Ot.I W. AND OC8RA ... OTHERTON A!CUTIOH /010. r~ ZDHm PlD FINAL PLAT PARFET PARK SUBDIVISION, TRACT C ... ~.PLAT \ \ \ \ \ \ \ \ \ lOT' (VACANT). COHTA\N£A SYSTEIIIS J.ti.!OR SUIlC)NiSl0t4
uc ItNtsTl,l(NTS 11C, R,[CffTrIOH NO. 8612D/lQ2. ZON!{) 1'10 A RESUBDIVISION OF TRACT 2, P ARFET PARK SUBDlVISI LOCATED IN THE NE 1/4 OF THE SW 1/4 OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE
69 WEST OF THE SIXTH PRINCIPAL ERlDlAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COUNTY, COLORAD '" 20 0 '" SCAlE. ,. -40' 11ft 1III)JtC)AA'! -----...,..,..,,>< --------''''''''' ... ==
o REOOlUfro !oj 80 • S(T 16 Rt:8IIII""w REO I'V<Snc eN> LS , )I~ ------------------------~-~-If ------_1I _ ------------.' _______ ~-,~~~------_,,~~~~~lO--~ST5(70OT' RIiOA.W-~) ,'0'
I I I I I I WCTZG£R THft£E L..IWT(J) UA8lUTY CD. ru:ctPTION NO. f0:2.f.H04 ZOf.i(f) A-1 PQNT 01' IlEGIN",'<>-:::/, 1---I I I r EXHIBIT 7
, ., ~' _ • City of p WheatRL.dge ITEMNO:~ DATE: February 28, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE APPOINTMENTS TO BOARDS AND COMMISSIONS o PUBLIC HEARING ~
BIDS/MOTIONS o RESOLUTIONS QUASI-JUDICIAL: City Clerk ISSUE: o ORDINANCES FOR I ST READING o ORDINANCES FOR 2ND READING DYES Board and Commission vacancies were advertised in the Wheat
Ridge Transcript, Channel 8 and the City's Website. Current members were contacted by mail and asked if they wanted to serve another term. Applications were received and compiled by
the Clerk's Office with notification to Council on the status. FINANCIAL IMPACT: None BACKGROUND: March of the current year is the annual renewal period for Board and Commission appointments.
RECOMMENDATIONS: See Attachments for detailed list of district appointments and applicants. RECOMMENDED MOTION: "1 move to appoint ____ --,-_ ___ to the ________ _ Board/Commission:
term to expire __________ (see attachment I). Or V:IFormslCAFtemplate
Council Action Form February 28, 20 II Page 2 "[ move to deny appointment of---:-___ --:-:-__ to the ______ ----:-:--__ Board/Commission for the following reason(s) _ _________ " REPORT
PREPARED BY: Janice Smothers, Administrative Assistant to the Mayor and City Council Michael Snow, City Clerk ATTACHMENTS: I. Detailed appointments by position and District 2. Applicant
List
2011 BOARD AND COMMISSION APPOINTMENTS BY DISTRICT DISTRICT I I move to appoint: __________ to the Building Code Advisory Board, term ending 3/2/12. __________ To the Building Code Advisory
Board, term ending 3/2/13. __________ to the Cultural Commission, term ending 3/2/14. DISTRICT II I move to appoint: __________ to the Board of Adjustment, term ending 3/2/14. __________
to the Board of Adjustment, term ending 3/2/13. __________ to the Building Code Advisory Board, term ending 3/2/14. __________ to the Parks and Recreation Commission, term ending 3/2/14.
__________ to the Planning Commission, term ending 3/2/14. __________ to the Cultural Commission, term ending 3/2/14. DISTRICT I I I I move to appoint: __________ to the Animal Control
Commission, term ending 3/2/14. __________ to the Animal Control Commission, term ending 3/2/14. __________ to the Board of Adjustment, term ending 3/2/14. __________ to the Parks and
Recreation Commission, term ending 3/2/14. __________ to the Cultural Commission, term ending 3/2/14. Attachment 1
DISTRICT IV I move to appoint: __________ to the Board of Adjustment, term ending 3/2/14. __________ to the Building Code Advisory Board, term ending 3/2/14. __________ to the Parks
and Recreation Commission, term ending 3/2/14. __________ to the Parks and Recreation Commission, term ending 3/2/14. __________ to the Planning Commission, term ending 3/2/14. __________
to the Cultural Commission, term ending 3/2/14. __________ to the Liquor Authority Board, term ending 3/2/12.
Council Members: Here is a chart, by District, which indicates the current Board Commission ooenines and aoolicants as of 2117/2011 ~ -----. ---~ ~. Board and Commission Applicant Status
2/2212011 Term Ending BOARD DISTRIC Current Member 3/2/12 Building I Vacant 3/2/13 Building I Vacant 3/2/11 Cultural I Diane Robb 3/2/11 BOA Robert Blair 3/2/13 BOA Vacant 3/2/11 Building
Vacant 3/2/11 Parks & Rec Patricia Ennis 3/2/11 Planning Steve Timms 3/2/11 Cultural Milly Nadler 3/2/11 Animal III Virginia Petty 3/2/11 Animal III Louise Turner 3/2/11 BOA III Thomas
Abbott 3/2/11 Parks & Rec III 3/2/11 Cultural III Loretta DiTirro 3/2/11 BOA IV Paul Hovland 3/2/11 Building IV Vacant 3/2/11 Parks & Rec IV 3/2/11 Parks & Rec IV Liz Veeder 3/2/11 Planning
IV 3/2/11 Cultural IV Vacant 3/2112 Liquor IV Vacant reapplied OTHER APPLICANTS ApplicantslNotes Danny Bradford Yes Yes Lily Griego Yes Brandon Williams Yes Brandon Williams Yes Yes
Notation: Stan Koniz-Yes any available opening Yes Kathy Koniz Yes Yes I Yes Valda Pancoast Attachment 2
~ ~ . ,.. ~ _ • City of pWheat~dge ITEMNO: ~ DATE: February 28, 201 1 REQUEST FOR CITY COUNCIL ACTION ~ (j ti TITLE: MOTION TO RATIFY MAYORAL APPOINTMENT TO WHEAT RIDGE HOUSING AUTHORITY
D PUBLIC HEARING [g] BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: City Clerk ISSUE: D ORDINANCES FOR 1 ST READING D ORDINANCES FOR 2 ND READING DYES The Wheat Ridge Housing Authority's
members are appointed by the Mayor and ratified by City Council. Mayor DiTullio has asked that Joseph DeMott be re-appointed to the Housing Authority as the City Council Representative.
PRIOR ACTION: Council Member DeMott was appointed to the Housing Authority November, 2009. FINANCIAL IMP ACT: None BACKGROUND: Members of the Housing Authority are appointed by the Mayor
and ratified by City Council. RECOMMENDATIONS: Mayor DiTullio is recommending that Council Member DeMott be re-appointed to the Housing Authority, term expiring March 2, 2016. V:IFormslCAFtemplate
Council Action Form February 28, 2011 Page 2 RECOMMENDED MOTION: "I move to ratify tbe Council Member Mayoral appointment of Joseph DeMott to tbe Wheat Ridge Housing Autbority, term
to expire March 2, 2016." Or "I move to deny the appointment of Joseph DeMott to tbe Housing Autbority for tbe following reason(s) " REPORT PREPARED BY: Janice Smothers, Administrative
Assistant to the Mayor and City Council Michael Snow, City Clerk
, . , .' _ • City of • pWheat~dge ITEMNO:l DATE: February 28, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO ENCUMBER FUNDS FOR 2011 CONNECTIONS NEWSLETTER DESIGN AND PRINT SERVICES
IN AN AMOUNT NOT TO EXCEED $31,806 D PUBLIC HEARING I:8J BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: D ORDINANCES FOR 1sT READING D ORDINANCES FOR 2ND READING DYES Administrative Servi
s DIrector City Manager ISSUE: Should City Council approve the requested encumbrance for the 20 II Connections Newsletter in an amount not to exceed $31,8067 FINANCIAL IMPACT: This motion
to encumber funds is the result of cost-cutting analysis as requested by City Council during the 20 II Budget retreat. The total cost savings tied to this encumbrance is $41 ,571, which
includes a one-time set up expense of $1 ,500 for the new design template. The original budgeted amount for the 20 II Connections Newsletter was $73,377 and the budget will be reduced
accordingly. On June 8, 2009, City Council established a spending limit of $15,000 for the City Manager's Office. Total expenditures for design and print services for the newsletter
will exceed $15,000, thus requiring approval by City Council. BACKGROUND: City Council approved RFP-09-39 Connections Newsletter design and print services to Communication Infrastructure
Group (CIG), following a competitive bid process, at the December 8, 2008 City Council meeting. Per the newsletter services agreement with C.I.G., the City has a second year renewal
option which was effective December 9, 2010. V:IFormslCAFtemplate
Council Action Form February 28, 2011 Page 2 During the 2011 Budget retreat, City Council provided staff with direction to bring back costcutting options for the Connections Newsletter.
Staff presented several options to Council at the February 14,2011 City Council Study Session and received Council consensus to move forward with option "C." Option C is a color, newsprint
option that will create an estimated cost savings of$41,571 based on the original budgeted amount for the Connections Newsletter of$73,377. The total budget for the 2011 Connections
will be revised to $31,806, which includes a one-time maximum fee of $1 ,500 to develop a new design template. This revised scope of services allows for the following: • Two, 12-page
editions of the newsletter • Two, 8-page editions ofthe newsletter • Saturation Carrier Route distribution mailing In the fall of 20 11, staff will issue an RFP for the Connections Newsletter
production for the 2012 budget year. The City will continue to make the Connections Newsletter available online via the City'S Website and in City facilities such as the Recreation Center,
Active Adult Center and City Hall. RECOMMENDATIONS: Staff recommends approval of the requested encumbrance. RECOMMENDED MOTION: "1 move to approve a motion to encumber funds in the 20
II Connections Newsletter design and print services in an amount not to exceed $31 ,806." Or, "1 move to postpone indefinitely the motion to encumber funds for the 20 II Connections
Newsletter design and print services in an amount not to exceed $31 ,806 for the following reason(s) " REPORT PREPARED BY: Heather Geyer, Administrative Services DirectorlPIO
"-.' _ r City of p WheatRL.dge ITEMNO:~ DATE: February 28,2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT TO THE DENVER REGIONAL COUNCIL OF GOVERNMENTS (DRCOG)
IN THE AMOUNT OF $21,780 FOR 2011 INSPECTION OF CONVEYANCES (ELEVATORS) WITHIN THE CITY OF WHEAT RIDGE PER THE APPROVED INTERGOVERNMENTAL AGREEMENT o PUBLIC HEARING ~ BIDS/MOTIONS o
RESOLUTIONS ISSUE: o ORDINANCES FOR 1 ST READING o ORDINANCES FOR 2ND READING Each year, the City of Wheat Ridge enters into an Intergovernmental Agreement (IGA) with the Denver Regional
Council of Governments to conduct inspections of conveyances (typically, elevators) within the City. The City receives an invoice for the annual cost of conveyance inspections in January
of that year, which is to be paid within 60 days of the date of invoice. The invoice for 2011 inspections in the amount of $21,780 is currently due and requires Council approval for
payment. PRIOR ACTION: In September of 2010, the City executed an Intergovernmental Agreement with the the Denver Regional Council of Governments for the performance of conveyance inspections
for 2011 in the estimated amount of $22,140. Those funds were included in the 2011 Building Division Contract Services budget account #01 -122-700-704, approved by Council in December
of2010, and are available. FINANCIAL IMP ACT: Approval by Council will result in the payment of $21 ,780 to DRCOG from the 2011 Contract Services account, #01-122-700-704, tor which
funds were previously allocated and
Council Action Form February 28, 2011 Page 2 approved. The property owners who own buildings with elevators are assessed a fee that covers the DRCOG inspection fee as well as a $30 administrative
fee to cover the City's costs incurred in collecting those fees. BACKGROUND: The City annually enters into an Intergovernmental Agreement with the Denver Regional Council of Governments
to perform conveyance inspections within the City's jurisdiction. In September of 20 I 0, the City executed an agreement with DRCOG to perform inspections in 2011 ofan estimated 123
conveyance units for the sum of$22,140. The funds for payment required by this agreement were included in the 20 II budget approved by City Council under the Building Division Contract
Services account, #01-122-700-704. The City has received an invoice for these contracted inspections, with the amount due reduced slightly from the budgeted amount as a result of a reduction
in the number of units to be inspected from 123 to 119, and an adjustment to the number of inspections actually performed in 20 10. The amount of the invoice for payment of fees due
for 20 II conveyance inspections is $21,780. RECOMMENDA nONS: Staff recommends that Council approve payment in the amount of $21,780 to the Denver Regional Council of Governments for
inspections of conveyances throughout the City during the calendar year of 2011 in accordance with the executed Intergovernmental Agreement. RECOMMENDED MOTION: "I move to approve payment
to the Denver Regional Council of Governments in the amount of $21 ,780 for payment of fees for inspection of conveyances within the City during the 201 1 calendar year." Or, "I move
to deny payment to the Denver Regional Council of Governments in the amount of $21,780 for payment of fees for inspection of conveyances within the City during the 2011 calendar year
for the following reasons " REPORT PREPAREDIREVIEWED BY: John C. Schumacher, Jr., CBO, Chief Building Official Kenneth P. Johnstone, AICP, Community Development Director ATTACHMENTS:
1. 2011 Intergovernmental Agreement with DRCOG for conveyance inspections 2. Invoice for 20 II conveyance inspections authorized under IGA
ADDENDUM NUMBER 4 TO THE INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE DENVER REGIONAL COUNCIL OF GOVERNMENTS 1290 Broadway, Suite 700 Denver, CO 80203-5606 ("DRCOG") and CITY OF WHEAT
RIDGE 7500 West 29'" Avenue Wheat Ridge, CO 80033 ("City") for ELEVATOR AND ESCALATOR SAFETY INSPECTION PROGRAM Project Number: 896011 Contract Number: RV07020 RECITALS: A. The parties
hereto have entered into an Agreement dated February 27, 2007, amended by Addendum No.1 dated October 8, 2007, amended by Addendum No. 2 dated October 7, 2008, and amended by Addendum
NO.3 dated October 30,2009. B. Further changes to the Agreement have been mutually agreed upon by the parties hereto. NOW THEREFORE, the parties hereto mutually agree that the original
Agreement dated February 27,2007, amended by Addendum No.1 dated October 8,2007, amended by Addendum No.2 dated October 7, 2008, and amended by Addendum NO.3 dated October 30, 2009 is
hereby further modified and amended in the following respects, to wit: 1. Subsection 3.1 of Section 3. PAYMENT AMOUNT AND BILLING PROCESS is replaced as follows: 3.1 DRCOG estimates
123 units for routine inspections for calendar year 2011 . Per Exhibit B, the City agrees to pay DRCOG at the rate of Ninety Dollars ($90) per inspection for two inspections per year
for a total price of Twenty-Two Thousand One Hundred Forty Dollars ($22,140) for work to be performed during calendar
year 2011. 2. Exhibit B is amended as per the attached. In accordance with Sections 3.4 (1) and (2) of the original Agreement, by signing this Addendum, DRCOG and the City agree that
the terms of Agreement, as amended by this Addendum, are renewed for another calendar year through December 31, 2011. Attachment 1 ! I , I, I I I I ,
EXCEPT FOR the modifications and alterations hereinabove specified, the aforesaid Agreement shall remain in full force and effect and without further alteration. IN WITNESS W rties hereto
have executed this contract on the itA day of -----';J.JLff"''-''''4<b4''"''<4---' 201 O. DENVER REGIONAL COUNCIL OF GOVERNMENTS By: ana· ~ennifer Schaufele /J t:xecutive Director ":;:;:
By: Roxie Ronsen ?YAdministrative Officer 2 CITY OF WHEAT RIDGE By: -'---;.-I---H""---'-----'-"'--=-----AnES~j O<? BY:~~ -:;~;-------(;;-l''l--t--A-:L-----I I I I i
Denver ReQional Council of Governments 1290 Broadway Suite 700 Denver CO 80203-5606 303-455-1000 City of Wheat Ridge Mr. John Schumacher Chief Building Official 7500 W. 29th Avenue Wheat
Ridge Customer ID 0009 DRCOGTax ID 84-6008451 2011 Elevator/Escalator Dues CO 80033-8001 119 units@$180ea = $21,420 4 additional units for 2010 inspections @$90 ea Payable in full within
60 days or Pay 1/2 now and balance by 6/30/11 White-Customer CODV Pink-Remittance Copy Invoice Number: SALES016701 = $360 Subtotal Misc Tax FreiQht Trade Discount Payment Total Due Date:
1/24/2011 $21,780.00 $21,780.00 $0.00 $0.00 $0.00 $0.00 $0.00 $21 ,780.00 Attachment 2 I . I I, i i..
, ., ~' • • City of. p Wheat RL.dge ITEMNO:~ DATE: February 28, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD ITB-IO-27 FOR WADSWORTH BOULEVARD MEDIAN IMPROVEMENT TO GOODLAND
CONSTRUCTION, GOLDEN, CO IN THE AMOUNT OF $65,883.50 o PUBLIC HEARING [8J BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR I ST READING o ORDINANCES FOR 2 ND READING QUASI'~DICI~ 0 YES J~/~
Public Works Director City Mauager ISSUE: In 2009, the City was awarded a Federal Hazard Elimination Program Grant for a safety improvement project on Wadsworth Boulevard from 44th Avenue
to 45th Avenue. The project includes design and construction of a raised center median to control left turning vehicles. The apparent low bidder is Goodland Construction, Golden, Colorado,
in the total amount of $65,883 .50. PRIOR ACTION: A resolution was approved in January, 20 to to accept an Intergovernmental Agreement (IGA) with the Colorado Department of Transportation
(CDOT) to authorize ftmding for the design and construction of the project. FINANCIAL IMPACT: The funding for this project is provided by a federal grant administered by CDOT. COOT,
however, requires that the City ftmd the project costs and seek reimburse upon completion. Interim funding for the Wadsworth Boulevard Median Improvement project has been encumbered
in the 2011 Capital Investment Program. There will be no financial impact to the City for the design and construction of this project.
Council Action Form February 28, 20 II Page 2 BACKGROUND: The City conducted a safety study on Wadsworth Boulevard between 44th Avenue and 45th Avenue and found a high rate of accidents,
which warranted remedy. The study indicated that a prevalent movement in and out of two commercial driveways conflicts with traffic on Wadsworth Boulevard, especially during peak hours.
It was determined that a raised median would restrict the movement in question and eliminate the accidents. In 2009 the City was awarded a Federal Hazard Elimination Program Grant to
fund the construction of a median on Wadsworth between 44th Avenue and 45th Avenue. The grant budget, in the amount of$86,475.00, will finance project design, oversight and construction.
The Colorado Department of Transportation will perform the contract oversight concerning federal and state regulations and the City will design and administer the construction of the
project. $78,000 of the project budget is allocated to the City for the costs of design and construction. Bids for the Wadsworth Boulevard Median Improvement Project, ITB-J 0-27, were
opened on January 12, 2011 , with five bids received. The bids included a base bid and alternate bid I. The base bid provides for the construction of the median. Alternate 1 will provide
colored stamped concrete in the median instead ofthe standard concrete, creating better contrast for delineation of the median. The base bids ranged from $57,196 to $88,686.75 and alternate
bid 1 ranged from $3,544.50 to $13,986.18 respectively. The engineer's estimate for the base bid, and alternate I were $77.515 and $12,093, respectively. The lowest responsible and responsive
bidder, Goodland Construction, Golden, Colorado has met the bid and qualification requirements. Because of the favorable bid prices, staff recommends that both base bid and bid alternate
I be awarded. A standard 10% contingency amount of $6,588 is requested for the cost of other items related to the project. All costs associated with this contract will be paid from account
number 30-303-800-840, and these funds will be encumbered for the length of the project in accordance with Ordinance #787, 1989 Series. RECOMMENDATIONS: Based upon the contractor's demonstrated
capabilities and experience on previous projects, staff recommends award of both base bid and bid alternate 1 to Goodland Construction. RECOMMENDED MOTION: "I move to award ITB-IO-27,
Wadsworth Boulevard Median Improvement to Goodland Construction, Golden, CO in the amount of$65,883.50, that a contingency amount of$6,588 be established, and the Director of Public
Works be authorized to issue change orders up to a total contract and contingency amount of $72,471 .50. Or,
Council Action Fonn February 28, 2011 Page 3 "[ move to deny award ofITB-IO-27, Wadsworth Blvd Median Improvement to Goodland Construction, Golden, CO for the following reason(s) ______________
" REPORT PREPARED/REVIEWED BY: Steve Nguyen, Engineering Manager Linda Trimble, Purchasing Agent Tim Paranto, Director of Public Works A TT ACHMENTS: 1. Bid Tabulation Sheet 2. Project
Map
PROJECT: ITB-10-27 WADSWORTH BLVD MEDIAN IMPROVEMENT BID DUE DATEITIME: JANUARY 12, 2011 BY 2:00 OUR CLOCK REQUESTED BY: _ n OPENED BY: LINDA TRIMBLE PURCHASING AGENT~ WITNESSED BY:
DENISE WOOD, PURCHASING TECHNICIANctf1'Il ~~'<f -J ~ City of • ' :rVVliea.t~ge ka I 11'10'("(1.£1.-Cc[G'I'7lti-o ,tnt. Attachment 1
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