HomeMy WebLinkAboutStudy Session Packet 08-06-12STUDY SESSION AGENDA
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 W. 29th Ave.
Wheat Ridge CO
August 6. 2012
6:30p.m.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the
City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one
week in advance of a meeting if you are interested in participating and need inclusion assistance.
PUBLIC COMMENT ON AGENDA ITEMS
APPROVAL OF AGENDA
.L Elected Officials' Report(s)
a) Cultural Commission Report
2 . Staff Report( s)
a) 38th Ave. Update & Grand Opening Event Report
b) City Audit 101
c) Code Amendment regarding review for Public Schools
d) Public Improvement Escrow Agreements
e) Right-of-Way Permit Insurance Requirements
3 . Kipling Multi-use Trail
4 . Industrial Zoning Code Amendments
"j ~
.. "' , r City of ~~Wheat&_dge ~ADM I NISTRATIVE SERVICES
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Memorandum
Mayor and City Council r\1
Patrick Goff, City Manager W
Heather Geyer, Administrative Services Director/PIG
August 6, 2012
Staff Report: City Audit 101
The purpose of this memorandum is to provide you with background on the City Audit process
in preparation for Wendy Swanhorst ofSwanhorst & Company, the City's independent auditor,
who will present the 2011 Comprehensive Annual Financial Report (CAFR) to City Council on
August 13 , 2012. The 2011 CAFR reflects the findings from the audit performed for the year
beginning January 1, 2011 through December 31 ,2011. The CAFR is the culmination of the
City audit and Council will be asked via a motion to accept the CAFR as part of the August 13 111
agenda. The Council plays an important fiduciary role in the review and approval of the CAFR.
What is an audit?
An audit is a thorough examination of the City's finances. As stated by Crystal Dorsey in the
attached article from CML Magazine, "The goal of auditing is to provide assurance for citizens,
legislators, and others that government funds are accounted for properly and that government
organizations are in substantial compliance with laws and regulations. An audit is designed to
provide assurance to the readers of the financial statements that the statements are presented
fairly and are materially correct."
Why Does the City conduct an audit?
The City audit is conducted on an annual basis by an independent, third-party accounting firm .
The City audit is conducted in accordance with generally accepted auditing standards (GAAS)
used in the U.S. Additionally, the audit is a culmination ofthe City's compliance with laws and
regulations . The City is required to conduct an audit on an annual basis in accordance with City
Charter Section 1 0.15. Colorado Law also requires local governments to conduct an annual
audit.
Audit Timeline & Deliverables
Each year the audit begins in December of the year to be audited with initial "testing" of
documentation, i.e ., visa card purchase receipts reports that are kept on record in the Finance
Divi sion. The auditors then come back to the City in the spring, typically in April , to conduct
the audit which takes about one to two weeks. Following their time at the City, the auditors
prepare the annual financial statements. The City then reviews these statements and prepares a
draft of the Management 's Discussion and Analysis (MD&A) which is reviewed by the auditors .
City Audit 101
August 6, 2012
Page2
The purpose ofthe MD&A is to provide summary analysis of the financial statements found in
the CAFR . The MD&A highlights what has changed in the financial statements based on a
comparison of what was budgeted for the audited year.
As part of your Council packet for the August 13 ,2012 City Council meeting you will receive
the following items:
• A Managem ent Letter from Swanhorst & Company
• A spiral bound Comprehensive Annual Financial Report (CAFR)
The Manage me nt Letter consists of a summary and highlights the following:
• Significant Accounting Policies
• Accounting Estimates
• Significant Audit Adjustments
• Disagreements with Management
• Consultations with Other Independent Accountants
• Difficulties Encountered in Performing the Audit
• PriorY ear Follow Up -auditors outline any items from the previous audit. Staff
provides explanation to these items in the Council Action Form for the CAFR .
• Other information
• New Accounting Standards -auditors inform the City of any new accounting standards
that the City needs to adopt.
• Conclusion
The CAFR is typically 30-35 pages long and consists of the following information:
• Basic Financial Statements
• Required Supplementary Infom1ation -this section includes a page on Budgetary
Comparison for the General Fund . This page breaks down the original budget amount for
revenues and expenditures, the final budget amount , actual amount and the variance. The
variance is the important column ofinfonnation to look at when reviewing this page.
• Supplementary Information-infonnation in this section provides the balance sheet for
non-major governmental funds , statement of revenues /expenditures and changes in fund
balances for non-major governmental funds , and then budgetary comparisons for special
funds.
• Compliance Section -this section consists of a Local Highway Finance Report which
accounts for Highway user tax revenue and use of funds.
The MD&A is a summary of the financial statements and provides analysis on the following: Net
Assets , General Fund Budgetary highlights i.e., supplemental budget appropriations , Capital
Asset and Debt Administration , and an overall look at Economic Factors .
Single Audit
ln addition to the annual audit in 2011 , the City was required to conduct a Single Audit. This
type of audit is required when the City receives more than $500 ,000 in federal funding , which
the City has received in the fonn of grants. The Single Audit is an audit of grant funds
City Audit 10 I
August 6 , 2012
Page 3
associated with City projects and is an examination of the use of those funds only. Again, this
audit is conducted separately from the overall annual City audit but done on a similar timeline.
Please feel free to reference page 15 of the CML article attached for further explanation of a
Single Audit.
In summary after you have an opportunity to review your packet for August 13 111 , please feel free
to ask Wendy Swanhorst questions following her presentation of the CAFR.
Overall , there are a lot of pieces to a City audit and getting through an audit each year is a big
team effort. I do want to recognize the work of Linda Stengel our Accounting/Finance
Supervisor. Our auditors often comment about the great work Linda does in preparation for the
audit , which helps it go more quickly and smoothly, saving both time and money.
/hmg
Attachments:
1. CML Article Auditing Basics for Local Government
FEATURE
Attachment 1
By Crystal Dorsey, Office of the State Auditor local government audit manager
AUDITING BASICS FOR LOCAL GOVERNMENTS
COLORADO LOCAL GOVERNMENTS,
including municipalities , are required to
have an annual audit of their financial
statements in accordance with state
statutes . Each audit must be submitted
to the Office of the State Auditor (OSA).
This article will provide general
information and answer your burning
questions about what an audit is , what
an audit requires , how to select an
auditor, what the role of the auditor
is , and what local governments are
responsible for.
What is an audit?
The goal of auditing is to provide
assurance for citizens, legislators ,
and others that government funds
are accounted for properly and that
government organizations are in
substantial compliance with laws and
regulations . An audit is designed to
provide assurance to the readers of the
financial statements that the statements
are presented fairly and are materially
correct.
/
An audit is conducted under standards
established by the American Institute of
Certified Public Accountants (AICPA),
the U.S . Government Accountability
Office (GAO), or the additional
requirements of the federal Office of
Management and Budget's (OMB)
"Circular A-133 , Audits of States ,
Local Governments , and Non-Profit
Organizations , and the Single Audit Act
Amendments of 1996," otherwise known
as the "Single Audit Act."
Is an audit required?
Colorado Local Government Audit
Law requirements
The Local Government Audit Law
(or "the Audit Law," C.R.S. § 29-1-601,
et seq.) requires Colorado local
governments to have an annual
audit of their financial statements.
The law states that the audit must be
performed by an independent certified
public accountant (CPA) and be in
accordance with generally accepted
auditing principles (GAAP).
The Audit Law specifies that those local
governments with revenues or
expenditures less than $500,000 can be
exempt from audit as long as the
Application for Exemption from Audit
form is completed and submitted to the
state auditor for approval.
Single Audit requirements
The federal Single Audit Act
establishes standards for audits of
states, local governments, and nonprofit
organizations expending federal funds .
Governments are required to complete
a single audit in accordance with this
act if they have expenditures of federal
financial assistance in excess of
$500,000. A single audit will expand the
auditor's procedures in accordance with
OMB Circular A-133 guidelines to testing
compliance with grant requirements,
additional reporting on internal controls
over financial reporting, and compliance
with laws and grant agreements. If a
single audit is required, the auditor will
provide separate opinions in the
financial statements discussing
these issues.
How do I select an auditor?
The selection of an auditor is an
important part of obtaining a quality
audit. When selecting an auditor, the
government should consider the
DECEMBER 2011
auditor's governmental auditing
experience, availability to conduct the
audit within the required time frame, and
knowledge of current governmental
accounting and auditing standards.
A request for proposal (RFP) should
be issued by the government to solicit
proposals from audit firms that wish to
be considered in the auditor selection
process . In the RFP, the government
can request that specific information be
included in the auditor's proposal and
define the services and qualifications
required .
Some local governments select an
auditor based on price only. This is
a dangerous practice that may lead
to receiving a substandard audit.
Governments should evaluate potential
auditors based on other qualitative
factors, such as responsiveness and
experience. It is highly recommended
that local governments interview at least
three audit firms before making a
selection . If all other factors are the
same, then justification can be made for
selecting the firm that has the lowest bid
price. Additionally, local governments
can check the Board of Accountancy
website (www.dora .state.co.us/
accountants) for CPA firm licensee
status to determine if there are any
previous or current board disciplinary
actions on file . Be sure to ask for,
and check, references from other
governments for which the audit
firm has provided services.
We've selected an auditor.
What's next?
According to auditing and AI CPA
standards, when an auditor is selected,
an engagement letter should be
completed by the auditor and signed
by the government. In general , the
engagement letter should establish
the scope of the audit, the auditor's
responsibilities, and time lines involved
in the audit. Audit work should not begin
until the engagement letter has been
signed by all parties involved .
What is the auditor's role?
The auditor's role is to conduct an
independent audit and render to outside
parties an unbiased opinion on the fair
presentation of the financial statements.
The auditor must conduct the audit in
accordance with standards established
by the AI CPA. If the local government
has expended federal funds , the audit
may also be conducted in accordance
with standards established by the OMB
and the GAO.
The auditor is required to plan the audit
and obtain a sufficient understanding of
the entity's internal control structure to
determine the nature, timing, and extent
of tests to be performed . The auditor will
then obtain sufficient, appropriate
evidential matter to afford a reasonable
basis for an opinion regarding the
financial statements under audit. The
auditor will inspect financial records,
observe how transactions are posted,
make inquiries of staff and management,
and confirm certain amounts with
outside parties. The final responsibility
of the auditor is to issue a report that
contains either an expression of opinion
regarding the financial statements taken
as a whole , or an assertion to the effect
that an opinion cannot be expressed .
There are several different types of audit
opinions that can be used by the auditor.
Audit opinions generally fall into four
broad categories:
·An unqualified opinion means that
the financial statements present fairly,
in all material respects , the financial
position , results of financial operations ,
and cash flows of the entity in
conformance with GAAP. This
opinion is generally referred to
as a "clean" opinion.
15
It is management's responsibility to design and maintain a system of
internal control that will help ensure the government's
as.set$ are safeguarded properly.
·A qualified opinion states that "except
for the effects of the matter(s) to which
the qualification relates , the financial
statements present fairly ... " In other
words, a qualified opinion means that
the auditor identified something that is
not in accordance with GAAP, or there
was something that the auditor was
unable to verify. A qualified opinion
may be a red flag to the readers of the
statements . It should always be
discussed thoroughly with the auditor.
Receiving an opinion like this should
cause local government officials to
determine what caused the problem ,
and take steps necessary to ensure
the following year's opinion is
unqualified.
• A disclaimer of opinion states that
"the auditor does not express an
opinion ." An auditor will issue a
disclaimer when there are major scope
limitations , where there are material
uncertainties that cannot be resolved ,
or when for a variety of reasons
sufficient, competent evidence cannot
be examined . An opinion of this type
also may be a red flag to the readers of
the statements. As with a qualified
opinion, receiving an opinion like this
should cause local government officials
to determine what caused the problem,
and take steps necessary to ensure
the following year's opinion is
unqualified.
• An adverse opinion states that
"financial statements do not present
fairly ... " Something in the financial
statements has caused the auditor to
believe that the financial statements
are not presented fairly in conformity
with GAAP. An adverse opinion will
cause the audit to be rejected upon
submission to the OSA. The local
16
government will then be required to
correct the problem and resubmit
another audit report .
In addition to audit opinions , the auditor
usually provides to the governing board
a management letter and performs a
formal presentation of the audit report .
The management letter is used by the
auditor to inform the governing board of
further financial issues discovered
during the audit, such as areas for
improving internal controls .
What are the municipality's
responsibilities?
Internal control
It is management's responsibility to
design and maintain a system of internal
control that will help ensure the
government's assets are safeguarded
properly. Local government officials play
a key role in establishing priorities and
have a responsibility to protect the
government's assets against the risk of
fraud and abuse. An auditor will spend a
fair amount of time asking questions of
management about the checks and
balances that the government has in
place to prevent or deter fraud .
Management representations
The auditor is required by
auditing standards to obtain written
representations from management
as part of conducting the audit. Upon
completion of the audit, the auditor will
ask key management personnel to sign
a management representation letter.
Failure to sign the letter normally will
result in the auditor's either withdrawing
from the engagement or issuing a
qualified opinion or disclaimer of
opinion. Each representation letter is
tailored to fit the audit performed . Some
of the most common matters relating
to the audit that may be included
in the letter include management's
acknowledgement of its responsibility to
verify the accuracy of the following:
• financial statements ;
• completeness of financial records and
related data ;
• programs and controls designed to
prevent and detect fraud;
• plans that may affect the value of
assets or liabilities ;
• information concerning related-party
transactions;
• disclosure of violations or possible
violations of laws or regulations;
• disclosure of other liabilities and gain
or loss contingencies;
• compliance with aspects of contractual
agreements; and
• information concerning subsequent
events (if anything occurred between
the end of the fiscal year and the
completion of the audit fieldwork that
would have an impact upon the
financial statements).
What's next?
The relationship a local government
has with its auditor is an important one.
Understanding the importance of the
audit , selection of a qualified auditor,
and cooperation during the audit
process can lead to a successful
audit and provide accurate, reliable
information to the citizenry. Bottom line
-don 't be afraid to ask questions of
your auditor. They are there to help .
For more information, visit the OSA's
website at www.state .co .uslauditoror
email OSA at osa .lg@state .co .us .
COLORADO MUNICIPALITIES
;t+em ~~c)
~~· ..
... -r City of ~~WheatB.i._dge
.J¥c"oMMUNI1Y DEVELOPMENT
Memorandum
TO: The Mayor and City Council
THROUGH: Ken Johnstone, Community Development Director
FROM: Sarah Showalter, Planner II
DATE: July 27, 2012 (for August 6 Study Session)
SUBJECT: Code Amendment regarding review for Public Schools
Introduction
The City's zoning code requires a Special Use Permit (SUP) for public and privates schools in all
residential zone districts, both agricultural zone districts , and in the Neighborhood Commercial
(NC), Restricted Commercial (RC), and Commercial-One (C-1) districts. Prior to a new school
opening in one of these zone districts, the applicant is required to complete the SUP process. An
SUP would also be required if an expansion beyond the size of the originally-approved school
were proposed.
The State of Colorado adopted legislation about the siting and construction of public and charter
schools, codified in Section 22-32-124 of the Colorado Revised Statutes (CRS). Staff recently
learned from the City Attorney that the requirement for an SUP for a public or public charter
school is in conflict with this state law. This memo provides a review of proposed changes to the
code so that it coincides with the CRS regulations regarding the siting of schools.
Background
Public and private schools (along with colleges and universities) are currently a special use in all
residential zone districts, both agricultural zone districts, and in the Neighborhood Commercial
(NC), Restricted Commercial (RC), and Commercial-One (C-1) zone districts . Any special use
requires an approved Special Use Permit (SUP) in order to legally operate. The SUP process
entails a neighborhood meeting, referral of the application to outside agencies and utility
providers, and a public noticing period. If public objections are received , an SUP must be
approved in a public hearing by City Council. If not, an SUP may be approved administratively.
SUP's are approved, approved with conditions, or denied based on a Jist of criteria that relates to
the impacts of the use. The SUP process typically takes about three months and entails the
review of a site plan and, for some uses, also requires review of a traffic study.
The City has been requiring SUPs for new or expanded schools in the zone districts listed above
for many years. Recently, a publicly-funded charter school in Wheat Ridge (located in residential
and agricultural zone districts) requested an expansion. Staff informed them of the typical
process to apply for an updated SUP that would address the impacts, particularly related to
traffic, of a significantly increased student body. The charter school protested, citing the
regulations in CRS 22-32-124, which state that local jurisdictions "crumot limit the authority of a
board of education to finally determine the location of the public schools of the school district
and construct necessary buildings and structures." Staff consulted the City Attorney on this topic.
After careful review of the legislation and case law, the City Attorney concluded that Wheat
Ridge cannot require a pub1ic school or publicly-funded charter school to complete an SUP
before granting permission to locate on a new site or to expand at a current site.
The City Attorney did find , however, that it is acceptable to require review of a site plan and
other necessary documents, such as a traffic study, for a new or expanding public school. Thus
staff is recommending that public schools become pennitted uses in all zone districts , but that
they are required to complete the Site Plan review process (outlined in Section 26-111 of the
code). More detail on the proposed changes is included in the section below .
Overview of Proposed Code Changes
The primary purpose of this code change is to (a) bring Wheat Ridge zoning regulations in
conformance with state law and (b) continue to provide a method to review the impacts of a
school on its surrounding neighborhood. The first proposed code change is to clearly list public
schoo ls, as weJl as charter schools, as a permitted use in aJl zone districts. According to the City
Attorney, this is the only way to ensure compliance with the State's regulations. In order to make
this change, staff proposes to separate public and public charter schools from private schools,
colleges, and universities in the permitted use table and to add a definition for each type of
school to the code. Private schools, as well as colleges and universities, would remain special
uses in the srune z one districts that they are today.
The second proposed code change is to clarify that, although pub1ic schools are a permitted use
in any zone district, they are subject to the Site Plan review process. Similar to the SUP process,
the Site Plan process requires submittal of a site plan as we1l as any other supplemental material
that staff deems necessary, such as building elevations, landscape plans, drainage studies, and
traffic impact studies. Also similar to the SUP process, staff places the proposed site plan on
review to outside agencies and utility providers for their comments. Unlike an SUP, the Site Plan
process does not require a neighborhood meeting or public comment period and there is no
chance that it wi1l go to pubJic hearing. All Site Plans are approved administratively.
TI1e attached document shows a draft of the proposed changes to the code.
Action Requested and Next Steps
Staff would like to receive any input or questions from City Council at the Study Session on
August 6. Plruming Commission already reviewed the changes at a Study Session in July. The
next step will be to bring a final ordinance to Planning Commission and City Council this fall.
Attachments:
1 . Proposed code chan ges
2
ATTACHMENT1-PROPOSEDCODECHANGES
Proposed Additions and Deletions from Definitions (Section 26-123):
School, charter. A public school established by contract with a local school board for any
grades between kindergarten or twelfth that is either accredited by the Colorado Department
of Education or recognized by and in good standing with the Colorado Department of
1Education. This term shall not include day camps or trade or business schools.
School, private. Any private or parochial school for any grades between kindergarten and
twelfth that is either accredited by the Colorado Department of Education or recognized by
and in good standing with the Colorado Department of Education. This term shall not include
day camps or trade or business schools.
School. public. Any public school for any grades between kindergarten and twelfth that is
either accredited by the Colorado Department of Education or recognized by and in good
standing with the Colorado Department of Education. This term shall not include day camps
or trade or business schools.
Deleted:
Ssheol, public, private and parochial. Any public, parochial or pri¥ate school for
any grades between kindergarten and twelfth that is either accredited by the
Colorado Department of Education or recognized by and in good standing with
the Colorado Department of Education for purposes of compulsory education
requirements. This term shall not include "trade or business schools" or "day
camps."
Proposed Changes to Permitted Use Tables:
Table of Uses-Residential
Uses Notes R-1 R-R-R-1C R-2 R-
1A 18 2A
One-family p p p p p p
dwelling
Two-family p p
dwelling
Three-family p
dwelling
Four-family p
dwelling
Attachment 1
R-3
p
p
p
p
R-
3A
p
p
p
p
Uses Notes R-1 R-R-R-1C R-2 R-R-3 R-
1A 18 2A 3A
Multifamily p p
dwelling
Bed and See§ 26-608 s s s s s s s s
breakfast
Church, parish s s s s s s s s
house
Day care s s s s s s p p
home, large
Electric s s s s s s s s
transmission
substation
Farmers' Not permitted as an p p p p p p p p
markets accessory use on
properties where the
primary use is a single-or
two-family home.
Submittal to community
development department
required. See§ 26-635
Foster care p p p p p p p p
home
Governmental No outside storage p p p p p p p p
and quasi-
governmental
buildings, fire
stations and
public utility
buildings
Governmental Outside storage s s s s s s s s
and quasi-
governmental
buildings, fire
stations and
public utility
buildings
Parking of Shall be allowed only on p p p p p p p p
automobiles of lots containing
clients, nonresidential or quasi-
patients or public uses, subject to §
patrons of 26-501C.4
adjacent
commercial or
nonresidential
uses
Uses Notes R-1 R- R-R-1C R-2 R-R-3 R-
1A 18 2A 3A
Parking of Shall be allowed on lots s s s s s s s s
automobiles of adjacent to business only
clients, if the business owner also
patients or owns the adjacent lot
patrons of
adjacent
commercial
uses
Parks Includes: Noncommercial p p p p p p p p
playgrounds or other
public recreation uses
Produce See§ 26-636. Where p p p p p p p p
stands located on a lot with a
residential dwelling unit,
must meet home
occupation regulations per
§ 26-613
Public or Restaurants, lounges and s s s s s s s s
private golf bars permitted as
courses, accessory to a public or
country clubs private golf course
or clubs
operated for
the benefit of
members only
and not for
gain
PubliG aREI s s s s s s s s
pFhJate
sGheels,
Gelleges aREI
uRi¥eFSities.
Residential See§ 26-612 s s s s s s s s
group home
for children
Residential See§ 26-612 p p p p p p p p
group homes,
nursing
homes, and
congregate
care facilities
for 8 or fewer
elderly
persons
Uses Notes R-1 R-R-R-1C R-2 R-R-3 R-
1A 18 2A 3A
Residential See§ 26-612 s s s s s s s s
group homes,
nursing
homes, or
congregate
care facility for
9 or more
elderly
persons
SCHOOLS; MUST COMPLETE SITE p p p p p p p p
PUBLIC AND PLAN REVIEW
PUBLIC PROCESS PER § 26-111
CHARTER INCLUDES THOSE
USES COMMONLY
ACCEPTED AS
NECESSARY THERETO
WHEN LOCATED ON
THE SAME PREMISES.
SCHOOLS: INCLUDES: THOSE s s s s s s s s
PRIVATE; USES COMMONLY
COLLEGES ACCEPTED AS
AND NECESSARY THERETO
UNIVERSITIE WHEN LOCATED ON
s THE SAME PREMISES
Urban gardens See§ 26-637 p p p p p p p p
Wind powered Not in excess of 35 feet s s s s s s s s
electric
generators
Table of Uses-Agricultural and Public Facilities
Uses Notes A-1 A-2 PF
Bed-and-breakfast Subject to requirements set forth in s s
§ 26-608
Cemeteries and Not including funeral homes s s
crematories
Churches parish s s
houses
Day care home, s s
Uses Notes A-1 A-2 PF
large
Day care center, s s
large
Day care center, s s
small
Dog kennels, Provided that outside runs which s s
catteries, veterinary are adjacent to residentially zoned
hospitals or used property are no closer than
25 feet to a side or rear lot line
Electric transmission s s
substations
Farmers' markets Submittal to community p p p
development department required.
See§ 26-635
General farming and PROHIBITED in A-1: The raising or p p
raising or keeping of keeping of swine
stock, bee keeping, INCLUDED in A-2: The keeping of
poultry or small swine and/or potbellied pigs, Sus
animals such as Scrota Vittatus, except such
rabbits or chinchillas animals shall not be fed garbage
Foster care home p p
Fish hatcheries p p
Governmental and No outside storage p p p
quasi-governmental
buildings, fire
stations and public
utility buildings
Governmental and Outside storage s s p
quasi-governmental
buildings, fire
stations and public
utility buildings
Greenhouses and See§ 26-624 p p
landscape
nurseries, including
both wholesale and
retail sales of
related products
One-family dwelling p p
Parks Includes noncommercial p p p
playgrounds or other public
recreation uses
Produce stands See§ 26-636. Where located on a p p p
lot with a residential dwelling unit,
must meet home occupation
Uses Notes A-1 A-2 PF
regulations per§ 26-613
PYblis aAd pFi¥ate lA pYbliG fasility distFiGt OAiy s s p
sshools, solleges, pYblis sshools
aAd YAi¥eFsities
Public or private golf Not including a private club which s s
courses, country provides service customarily carried
clubs or clubs on as a business
operated for the
benefit of members
only and not for gain
Race track, fair s s
grounds,
amusement resorts ,
heliports, radio
towers and stations
Residential group See§ 26-612 p p
homes for 8 or fewer
elderly persons
Residential group or See§ 26-612 s
nursing homes, or
congregate care
facilities for 9 or
more elderly
persons
SCHOOLS; MUST COMPLETE SITE PLAN p p p
PUBLIC AND REVIEW PROCESS PER § 26-111
PUBLIC CHARTER INCLUDES THOSE USES
COMMONLY ACCEPTED AS
NECESSARY THERETO WHEN
LOCATED ON THE SAME
PREMISES .
SCHOOLS: . INCLUDES: THOSE USES s s p
PRIVATE; COMMONLY ACCEPTED AS
COLLEGES AND NECESSARY THERETO WHEN
UNIVERSITIES LOCATED ON THE SAME
PREMISES
Residential group See§ 26-612 s
homes for children
Riding academies Provided that any structure housing p p
and public stables animals which is adjacent to a
residentially zoned or used property
shall be no closer than 25 feet to a
side or rear lot line
Urban gardens See§ 26-637 p p p
Uses Notes A-1 A-2 PF
Wind-powered s s
electric generators
not in excess of 35
feet.
Table of Uses-Commercial and Industrial Districts
Uses Notes NC RC C-1 C-2 1-E
SCHOO LSi MUST COMPLETE SITE PLAN p p p p p
PUBLIC AND REVIEW PROCESS PER § 26-111
CHARTER INCLUDES THOSE USES
{KINDERGARTEN COMMONLY ACCEPTED AS
THROUGH HIGH NECESSARY THERETO WHEN
SCHOOL) LOCATED ON THE SAME
PREMISES.
INCLUDES: THOSE USES
COMMONLY ACCEPTED AS
NECESSARY THERETO WHEN
LOCATED ON THE SAME
PREMISES
Schools: PubliG; INCLUDES : Those uses commonly s s s p p
PRIVATE accepted as necessary thereto when
(KINDERGARTEN located on the same premises
THROUGH HIGH
SCHOOL)
SCHOO LSi INCLUDES: THOSE USES s s s p p
COLLEGES AND COMMONLY ACCEPTED AS
UNIVERSITIES NECESSARY THERETO WHEN
WITH OUTDOOR LOCATED ON THE SAME
CAMPUS PREMISES
J+ent-~.d)
~~·~ .. r-City of A~WheatRi_dge ~PUBLIC WORKS
Memorandum
T O : Patrick Goff, City Manager
FRO M : Tim Paranto , Director of Public Works
DATE: July 26 , 2012 (for August 6 Study Session)
SUBJECT: Public Improvement Escrow Agreements
Last fall the City Council amended Chapter 5 of the City Code, eliminating the requirement of
escrows for public improvements associated with some building permits . Existing escrows on
residential properties are returned to the property owner if they are not utilized by the City to
complete the improvements within ten years . However, the original City Code required that
escrows on commercial and industrial properties were to be held indefinitely. Staff proposes that
these commercial and industrial property escrows be closed and the funds transferred to the new
dedicated Public Improvement Fund. The Fund was created for deposit of funds received when
construction of public improvements required to approve building pern1its is not practical (in lieu
of escrows). The Public Improvement Fund will be used to constructed small sidewalk , curb &
gutter and storm sewer projects throughout the City.
The City is currently holding 1 5 escrows for public improvements associated with building
permits on commercial and industrial properties . It is not anticipated that the improvements
associated with these escrows will be constructed in the near future. Staff recommends that
theses escrows be closed and the funds be used for needed sidewalk, curb and gutter construction
in the City through the Public Improvement Fund. The value of the escrows is $124 ,172.20.
The City Attorney has drafted an ordinance that would allow the closing of the commercial and
industrial property public improvement escrows , with the escrowed funds being transferred to
the Public Improvement Fund. The ordinance provides that the property owner who posted the
escrow be contacted and hav e the opportunity to request that the funds remain in escrow to pay
for improvements adjacent to their property.
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER ___ _
Council Bill No. __ _
Ordinance No. ----Series 2012
TITLE: AN ORDINANCE AMENDING SECTION 5-45 OF THE WHEAT RIDGE
CODE OF LAWS CONCERNING CERTAIN ESCROW AGREEMENTS
AS SECURITY FOR PUBLIC IMPROVEMENTS
WHEREAS, the City of Wheat Ridge, acting through its City Council, has
authority to regulate the development of land and the construction of public
improvements in connection therewith; and
WHEREAS, in the exercise of this authority, the City Council has previously
adopted Section 5-45 of the Wheat Ridge Code of Laws requiring public improvements
as a condition of building permit issuance; and
WHEREAS, a prior version of Section 5-45 permitted posting of security by
development covenant and escrow when immediate construction of the required
improvements would be impractical; and
WHEREAS, the City currently holds escrowed funds for public improvements for
certain industrial and commercial projects , for which the public improvements originally
planned have not been constructed and may never be required in the nature and
location originally contemplated by the associated escrow; and
WHEREAS, the City Council wishes to amend Code Section 5-45 to permit the
City to credit such escrowed funds to the Public Improvement Fund of the City, after
notice and opportunity for hearing being given to the original developer.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 5-45 of the Wheat Ridge Code of Laws, entitled "Public
improvements required" is amended by the addition of a new subsection (i) to
read as follows:
(e) THE PUBLIC WORKS DIRECTOR SHALL HAVE THE
AUTHORITY TO CLOSE ANY ESCROW HELD BY THE CITY
UNDER THE PRIOR VERSION OF THIS SECTION , FOR
COMMERCIAL OR INDUSTRIAL PROJECTS AND TO CREDIT
THE FUNDS TO THE CITY PUBLIC IMPROVEMENT FUND,
UPON SATISFACTION OF THE FOLLOWING CONDITIONS:
1. WRITTEN NOTICE AND AN OPPORTUNITY FOR
HEARING BEFORE THE PUBLIC WORKS DIRECTOR
SHALL BE GIVEN BY CERTIFIED MAIL TO THE LAST
KNOWN ADDRESS OF THE DEVELOPER;
2. THE DIRECTOR MUST FIND THAT THE ORIGINAL
PURPOSE OF THE ESCROWED FUNDS HAS BEEN OR
CANNOT BE FULLFILLED ; AND
3. THE ORIGINAL DEVELOPER SHALL BE RELEASED
FROM ANY FURTHER OBLIGATION WITH RESPECT TO
THE PLANNED PUBLIC IMPROVEMENTS FOR WHICH
THE ESCROW WAS CREATED.
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 _
on this __ day of , 2012 , 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 , 2012 at 7:00 p.m., in the Council
Chambers , 7500 West 29 1h Avenue, Wheat Ridge, Colorado .
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of _ to _, this day of , 2012 .
SIGNED by the Mayor on this __ day of _____ , 2012 .
ATTEST:
Janelle Shaver, City Clerk
First Publication :
Second Publication:
Wheat Ridge Transcript
Effective Date:
Jerry DiTullio , Mayor
Approved as to Form
Gerald E. Dahl , City Attorney
~~·,
.... ~ r City of • .. ~WheatR.t_dge ~PUBLIC WORKS
Memorandum
TO: Patrick Goff, City Manager f)}j.
FRO M : Tim Paranto, Director of Public Works
DATE: July 26 , 2012 (for August 6111 Study Session)
SUBJECT: Right-of-Way Permit Insurance Requirements
Article III of Chapter 21 of the City Code allows temporary use of the City's right-of-way by
pem1it. While many of the penn its issued are truly temporary in nature, many are for longer
term improvements, such as fences , walls, landscaping features , inigation systems, etc. The
existing City Code requires that the right-of-way use permits be issued for no more than five
years and that certificates of insurance are provided to the City yearly. To provide a "less
restrictive environment", Staff proposes that the City Code be amended to allow long-term use of
the City property without the insurance requirement through a special permit that indemnifies the
City and is recorded against the property. The long-term permits would still be revocable as
required by Section 15.9 of the Home Rule Charter.
The City Attorney has drafted the attached ordinance amendment that will allow long-term
permits as discussed above.
ATTACHMENT:
1. Draft Ordinance
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER ___ _
Council Bill No. ---Ordinance No. ----Series 2012
TITLE: AN ORDINANCE AMENDING CHAPTER 21-107 OF THE WHEAT
RIDGE CODE OF LAWS TO PERMIT WAIVER OF INSURANCE
REQUIREMENTS FOR CERTAIN LONG TERM RIGHT-OF-WAY
PERMITS
WHEREAS, Section 15.9 of the Wheat Ridge Home Rule Charter authorizes the
Council to permit use of City rights-of-way and other City property; and
WHEREAS, the City of Wheat Ridge , acting through its City Council has
authority to enact ordinances governing the use of City rights-of-way; and
WHEREAS, in the exercise of this authority the Council has previously enacted
Article Ill of Chapter 21 of the Wheat Ridge Code of Laws entitled "Permits for Use of
Right-of Way"; and
WHEREAS, the Council wishes to amend the Code to permit long-term right-of-
way use permits to be issued without requirement of insurance , conditioned upon the
permittee indemnifying the City and the permit being recorded.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 21-102 of the Wheat Ridge Code of Laws is amended to read:
Sec. 21-102.-Term of right-of-way use permits.
The term of the permit provided for by this article shall be no longer
than five (5) years from the date of issuance, UNLESS THE PERMIT
IS TO BE RECORDED AS PROVIDED BY SECTION 21-107(D), IN
WHICH CASE THE TERM MAY BE OF ANY LENGTH OR
INDEFINITE. The DIRECTOR OF PUBLIC WORKS city engineer
shall determine the appropriate term and issue the permit
accordingly. Issuance of any permit shall not preclude the city from
terminating said permit at any time , without liability to the city ,
pursuant to the provisions of section 21 -104 of this Code and Charter
section 15.9 .
Section 2. Section 21-107 of the Wheat Ridge Code of Laws is amended by the
addition of a new subsection (d) to read:
Sec. 21-107. Insurance requirements.
Attachment 1
(a) ...
(d) The requirements of this section may be waived by the
director of public works upon the condition that the permittee
adequately indemnify the city and that the permit itself be
recorded in the real property records of the Jefferson County
Clerk & Recorder.
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 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 _ to _
on this __ day of , 2012 , ordered published in full in a newspaper of
general c irculat ion in the City of Wheat Ridge , and Public Hearing and consideration on
final passage set for , 2012 at 7:00 p.m., in the Council
Chambers , 7500 West 29 1h Avenue , Wheat Ridge , Colorado .
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of _ to _, this day of , 2012.
SIGNED by the Mayor on this __ day of _____ , 2012.
ATTEST :
Janelle Shaver, City Clerk
First Publication :
Second Publication:
Wheat Ridge Transcript
Effect ive Date :
Jerry DiTullio , Mayor
Approved as to Form
Gerald E. Dahl , City Attorney
f+VK-3.
~ ~. ~
"'" .. City of A~Wheat~dge ~PUBLIC WORKS
Memorandum
TO: Patrick Goff, City Managerm
FROM: Tim Paranto , Director of Public Works
DATE: July 3 I , 2012 (for August 6, 2012)
SUBJECT: Kipling Multi-use Trail
In October 201 0 the City applied to the Denver Regional Council of Government for Federal
transportation funds available for fiscal years 2012 through 20I7 to help finance the construction
of a multi-use trail on Kipling Street from 32 11 d to 44 1h Avenue. DRCOG awarded the grant
application in March 20 II. On October 24 , 20 II , the City Council entered into an
intergovernmental agreement with the Colorado Department of Transportation (COOT) for the
project.
This project will provide a new pedestrian and bicyclist route which connects Crown Hill Park ,
Discovery Park, the Wheat Ridge Recreational Center and the Clear Creek Trail. The trail will
be ten feet wide and will be generally attached to the existing street curb to minimize right-of-
way needs. The project also includes the installation of pedestrian lighting along the trail ,
including the existing trail within Discovery Park. A new pedestrian bridge is planned for the
trail crossing of Clear Creek. This facility will greatly improve safety for pedestrians and
bicyclists travelling along Kipling Street. The proposed trail construction is within the guidance
of the City's Bike and Pedestrian Master Plan.
The total construction amount is estimated at $3 ,178 ,000. The City will receive federal funding
in the amount of $2 ,473 ,000 , with the City providing the local project matching funds in the
amount of$705,000. The project design and construction will be budgeted as 2012 and 2013
expenditures . COOT will perform the contract oversight conceming federal and state regulations
and the City will design and administer the construction of the project. The City will be
reimbursed the full federal share of the cost of the project, not to exceed $2 ,473 ,000 , upon
project completion .
The City is responsible for completing the construction plans and obtaining all required
clearances for utilities , environmental approvals and right-of-way acquisitions. A preliminary
right-of-way plan is attached for your review. The design will be completed in 2012 with
construction occurring in 2013.
I
Attachment 1
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, ~ .,.. City of • .. ~WheatJ34._dge ~OMMUNlTY DEVELOPMENT
Memorandum
TO: The Mayor and City Council
THROUGH: Ken Johnstone, Community Development Director
FROM: Sarah Showalter, Planner II
DATE: July 27,2012 (for August 6 Study Session)
SUBJECT: Industrial Zoning Code Amendments
Introduction
The City's comprehensive plan, Envision Wheat Ridge (2009), recommends a series of code
amendments to support the plan's economic and land use goals. One recommendation is to
update the existing Light-Industrial (I) zone district and consider new employment zoning that
would support employment uses including light manufacturing, flex office space, and
commercial activities that support employment such as dining, retail, and copy/mail services.
Staff is proposing to proceed with these recommendations and will present the proposed changes,
also described herein, at a Study Session on August 6 for feedback.
This memo is structured as follows:
1. Background
2. Purpose of Code Amendments
3. Overview of Proposed Changes
4. Policy Feedback
5. Next Steps
Background
One of the major land use and economic development goals in Envision Wheat Ridge is to
promote employment uses that create quality jobs and attract new employees to the City. The
adopted Structure Plan identifies employment areas, mainly along the 1-70 corridor, where light
manufacturing, office, and flex uses will support primary jobs. Most of these areas are currently
zoned Light-Industrial (I) or Planned Industrial Development (PID). Envision Wheat Ridge notes
that the current I zone district does not provide enough flexibility to promote employment-based
uses such as office-flex space. It also states that the I district should be modified to change some
special uses to permitted uses and to add contemporary uses, such as office-light industrial flex
space, to the permitted use chart. Finally, Envision Wheat Ridge recommends consideration of
employment zoning that would promote a wide range of light industrial , flex office, and service
uses to support employment centers.
Staff is proposing to address the recommendations in Envision W11eat Ridge by modifying the
current Light-Industrial (I) zone district into a combined Industrial-Employment (1-E) zone
district. The modifications would address all of the recommendations in the comprehensive plan
mentioned above, including the addition of modem uses and ensuring that a wide range of
employment uses (light manufacturing, flex space, office, and office services) are allowed . This
is preferable to creating a brand new Employment (E) zone district since most of the
employment uses recommended by Envision Wheat Ridge are already included in the I zone
district and because there would need to be large rezonings to apply the E zone district in
employment areas. By updating the current I zone district and renaming it I-E, all properties
zoned I would become I-E without requiring a City-initiated rezoning. Staff is also proposing
that property owners would have the option to apply for a straight rezoning to I-E so that
employment areas not currently zoned I could become 1-E through a relatively streamlined
process.
Purpose of Code Amendments
The main goals in updating the I zone district to an I-E district are:
( 1) Add contemporary uses, such as renewable energy and flex space, to the pem1itted use
table in order to encourage employment-based uses. Similarly, remove outdated or
redundant uses that no longer need to be called out in the permitted use table.
(2) Change some special uses to permitted uses where additional review may not be needed.
(3) Update the development standards to create more flexible setbacks and landscaping
standards that better align with light-industrial development.
(4) Enable the option for straight rezonings to 1-E so that properties in employment areas can
take advantage of the updated zoning. Currently, the zoning code requires any property
owner who wishes to rezone to I to go through the planned development process and
become a Planned Industrial Development (PID).
Overview of Proposed Changes
The proposed changes to the I zone district are summariz ed below.
Changes to Permitted Use Table and Corresponding Definitions (See Attachments 1
and 2 for draft code changes)
1. Add contemporary uses including renewable energy production, recycling centers,
and flex space.
2. Convert some special uses into permitted uses, including contractor's storage yards ,
body art establishments, and printing and engraving services.
3. Remove redundant or outdated uses such as carting services and motor regrinding
shops.
4. Add PV panels and wind turbines as permitted accessory uses.
Changes to Development Standards (See Attachment 3 for complete list of proposed
changes)
1. Reduce landscaping requirement from 20% to 15 %. Commercial zone districts
require 20% landscaping but 15 % is more reasonable for employment and light
industrial uses. The mixed use z one districts, for comparison, require 10%
landscaping for a mixed use development and 15% for single use.
2. Reduce minimum front yard setback from 50 feet to 10 feet. This provides more
development flexibility and better aligns with the goals in the Architectural and Site
Design Manual (ASDM) to place buildings close to the street with parking and
storage behind . The recently-updated ASDM also contains standards to ensure quality
fa9ade design where buildings are close to the street.
2
3. Reduce minimum side yard setback where adjacent to public streets from 30 feet to
10 feet and reduce minimum rear yard setback where adjacent to public streets from
15 feet to 1 0 feet. These proposed changes provide more development flexibility and
the recently-updated ASDM ensure that building facades close to the street meet
minimum design standards.
4. Increase side and rear setbacks, with landscaped buffer, where adjacent to residential
uses to fifteen feet from five feet.
5 . Remove automatic increased setbacks for special uses and instead require greater
setbacks as needed through the Special Use Pennit (SUP) review.
6 . Clarify screening requirements for outdoor storage that already existing in Section
26-629 and 26-631 .
Changes to Rezoning Process
1. Update relevant sections of the code (including 26-112 and 26-301) to allow an
applicant to request to be rezoned to I-E , rather than being required to complete a
planned development and be rezoned to PID .
Next Steps
Staff received input on the proposed changes from Planning Commission in July. After receiving
feedback from City Council at a Study Session on August 6 , staff will draft a final ordinance and
bring it to Planning Commission and City Council for public hearings this fall.
Attachments:
1. Draft Changes to Permitted Use Table (footnotes within table are from staff to provide
additional info but will not be included in final ordinance)
2. Draft Changes to Definitions
3 . Draft Changes to Development Standards
3
ATTACHMENT 1 -Proposed Changes to Commercial and Industrial District Permitted Use Table
Section 26-204. Zone district use schedule
Table of Uses-Commercial and Industrial Districts
Uses Notes NC
Adult entertainment In accordance with Wheat Ridge Code of Laws, Chapter 3
establishments
Ambulance services
Amusement parks
Animal veterinary With outside runs; no cremation
hospitals and clinics
Animal veterinary Where there are no outside pens or runs for dogs; no cremation s
hospitals or clinics
Antique stores In NC & RC Districts : Provided that no more than 200 square feet of s
building area shall be allocated to repair
Apparel and accessory See Footnote 1 s
stores
Appliance stores and
incidental service and
repair
Art galleries or studios See Footnote 1 p
Assembly halls and
convention facilities
Auction houses
Auto service, repair See§ 26-631
and maintenance
shops, minor
Auto service, repair See§ 26-631
and maintenance
shops, major
Automobile and See§ 26-628
light-duty truck sales
and rental
Automotive parts and
supplies sales
Bail bonds businesses See Footnote 2. See § 26-634 for distance requirements
1
RC C-1 C-2
p p
p p p
s p
p
p p p
p p p
p p p
p p
p p p
p p
s p
p p
s p
s s
p p
p
1-E
p
p
p
p
p
p
p
p
p
p
p
p
p
s
p
p
... .. c .,
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Uses Notes NC RC C-1 C-2 1-E
Bakeries , retail See Footnote 1 s p p p p
Banks , loan and See§ 26-633 p p p p p
finance offices
Bed and breakfast Subject to requirements set forth in § 26-608 p p p p p
homes
Bicycle stores See Footnote 1 s p p p p
Blueprinting , EXCLUDING : Large printing , publishing and/or book binding s p p p p
photostatic copying establishments
and other similar
reproduction services
See Footnote 1
Boat, recreational See§ 26-628 s s s
vehicle and trailer
sales , rentals and
service
Body art s s s s
establishments p
Book stores , stationery See Footnote 1 s p p p p
and card stores
Building OR See§ 26-629 s p p
LANDSCAPE
contractor's service
shop and storage yard
incidental to an
office/showroom
principal use.
Business machine or See Footnote 1 s p p p p
computer stores
Butcher shops and EXCLUDING : Food processing p p p
food lockers
Cabinet and s
woodworking shops
Camera and See Footnote 1 s p p p p
photographic service
and supply stores
Candy, nut and See Footnote 1 s p p p p
confectionery stores
2
Uses
Caretaker residence
Uses Notes NC RC C-1 C-2 1-E
Carpet cleaning and s
fumigating
Carting, express, TEMPORARY STORAGE DOES NOT INCLUDE THE PERMANENT s
hauling or storage yard STORAGE OF ANY VEHICLES.
TOW SERVICE WITH
TEMPORARY
STORAGE YARD
Car wash, automatic s p p
Car wash, coin s p p
operated
Caterers p p p
Day care center, large p p p
Day care center, small p p p
Clinics and offices for C-1, C-2 & I INCLUDE: Residential facilities. s p p p p
the counseling and NC & RC EXCLUDES: Residential facilities
treatment of ALL districts INCLUDE: Counseling and treatment for alcoholism
psychological, social,
marital, developmental
or similar conditions,
excluding substance
abuse clinics
Cold storage plant p p
Commercial machine s p p
shops
Community buildings e.g.: YMCA's, YWCA's, churches, libraries, parks, museums, aquariums p p p p p
and art galleries
Construction and See§ 26-629 p p
heavy equipment
sales, service, rental
and storage
CONTRACTOR'S ~
PLANT
(INCLUDING BUT
3
Uses Notes NC RC C-1 C-2
NOT LIMITED TO
CONCRETE PLANT1
ASPHALT PLANTI
BRICK PLANTI OR
LUMBER MILL)
Contractor's plaRt or SEE§ 26-6291
storage yard
(OUTDOOR
STORAGE YARD
WITH NO MAIN
BUILDING)
Dairy products stores See Footnote 1 s p p p
Day care center and p p
preschools, large
Day care center and p p
preschools, small
Department or variety p p
stores
Drug stores p p
Eating establishments, s s s s
drive through
Eating establishments, s p p p
sit down
Electric transmission s s s s
and public utility
substations
Elestrisal motors
aRd armature .... , ................ 2
~:II''"_
Electrical supplies and EXCLUDING: Contractors storage yards p p
service
ENERGY
PRODUCTION1
RENEWABLE
1 Section 26-629, Building contractor's service shops requires that outside storage areas are screened from view of streets and adjacent properties .
2 Proposed to be removed since this use is redundant (already covered under general light industrial category)
4
1-E
s
f
p
p
p
p
p
s
p
s
s
p
§.
Uses Notes NC RC C-1 C-2 1-E
Equipment rental Subject to § 26-628; in RC District: Outside storage and display prohibited p p p p
agencies
Exterminators p p p p
Farm equipment sales, See§ 26-628 AND§ 26-631 3 p p
service and storage
Farmers' markets Submittal to community development department required. See § 26-635 p p p p p
Floral shops See Footnote 1 s p p p p
Furniture stores p p p
Garden supply stores See Footnote 1 s p p p p
Gift, novelty or See Footnote 1 s p p p p
souvenir stores
INCLUDES: Private clubs, restaurants and lounges, driving ranges, and p p p
Golf courses those uses commonly accepted as accessory thereto when located on
the same premises
Governmental and No outside storage p p p p p
quasi-governmental
buildings and offices,
fire stations or public
utility buildings
Governmental and Outside Storage s s s p p
quasi-governmental
buildings and offices,
fire stations or public
uti lit)'_ buildings
Greenhouses and See§ 26-624 s s p p p
landscape nurseries,
retail
Greenhouses and See§ 26-624 s p p
landscape nurseries,
wholesale
Grocery or See Footnote 1 p p p p p
convenience stores ,
no gas pumps
3 Section 26 -631, Outside display or storage, requires that outside storage is screened from view of streets and adjacent properties.
5
Uses Notes NC RC C-1 C-2 1-E
Grocery stores which See Footnote 1 s s s p p
may include no more
than 1 gasoline service
island with no more
than 2 dispensing
_g_umps
Hair, nail and cosmetic p p p p p
services
Hardware stores See Footnote 1 s p p p p
Hobby and craft stores See Footnote 1 s p p p p
Home furnishing p p p
stores
Home improvements p p p
supply stores
Hotels or motels for There shall be 1 ,000 square feet of gross lot area for each unit s s s
transient occupancy
Ice plants p p
Indoor amusement e.g .: Roller r inks , bowl ing alleys , arcades and s imilar uses p p p
and recreational
enterprises
Indoor flea markets PROHIBITED : Outdoor flea markets p p p
Interior decorating s p p p p
shops
Itinerant sales See§ 26-630 s s s
Jewelry stores See Footnote 1 s p p p p
Kennels s
Laundry and dry s s p p p
cleaning shops
Laundry and dry p p p p p
cleaning pick up
stations
Leather goods and p p p
luggage stores
Linen supply p p p
6
Uses Notes NC RC C-1 C-2 1-E
Liquor stores p p p
Locksmith shops p p p p p
Lumber yards and Unenclosed storage of any materials shall be screened from view from p p p
building supply stores adjacent properties and streets -SEE § 26-629
Manufacture of PROVIDED: AA aAtiEtete exists aAEt is reaEtily a•taila91e fer suGh s
vaccines , serums and ¥aGGiAe, serums er texiAs; aAEt approval of such manufacture is
toxins received from the state department of health and the county health
department
Manufacturing , See § 26 505;4 § 26-631 and § 26-123, definitions p p
processing , assembly,
or light industrial
oR_erations
Manufacturing, s
HEAVY fa9riGatieA
aAEtter preGessiAg ef ... ... .......... ,,. ....
Massage therapist See Chapter 11, Article 10 Code of Laws for additional restrictions p p p p p
Massage therapy See Chapter 11 , Article 10 Code of Laws for additional restriction p p p p p
center
Meat, poultry or See Footnote 1 s p p p p
seafood stores
Medical and dental Pharmacies and optical stores are accessory use p p p p p
offices, clinics or
laboratories , excluding
substance abuse
clinics
Medical marijuana p p
centers
Medical p p
marijuana-infused
4 Sec 26 -505 no longer exists in the code .
7
Uses Notes NC RC C-1 C-2 1-E
products
manufacturers
Optional premises p p
cultivation operation
Mini-warehouses for p p
inside storage
Mobile or modular See§ 26-628 s s
homes or building
sales
Mortuaries and s s s
crematories
Motor fueling stations s p p
Motorcycle sales and See§ 26-628 p p p
service
Music stores See Footnote 1 s p p p p
Newsstands For the sale of newspapers, magazines, etc. p p p p p
Office supply stores See Footnote 1 s p p p p
Offices : General p p p p p
administrative ,
business and
professional offices
Optical stores See Footnote 1 s p p p p
Outdoor amusement s p p
facil ities
Paint and wallpaper See Footnote 1 p p p p
stores
Parking of automobiles Subject to § 26-501 C.4 p p p p p
of clients , patients or
patrons of adjacent
commercial or
nonresidential uses
8
Uses Notes NC RC C-1 C-2 1-E
Parking of not more See § 26-619; § 26-123, definitions s s s
than 3 commercial
truck-tractors and/or
semi-trailers
When in conformance with the parking design standards set forth in §
26-501
It is not intended that such parking limitations shall apply to pickup and
delivery trucks normally associated with business operations
Pawn shops s
Pet stores See Footnote 1 s p p p p
Pharmacies s p p p p
Picture framing shops See Footnote 1 s p p p p
Plumbing and heating EXCLUDING: Outdoor storage yards p p p
supply stores and
shops
Printing, engraving s
and other related f.
production processes
Private clubs, social p p p
clubs, bingo parlors
and similar uses
Produce stands See§ 26-636 p p p p p
Psychic advisors and s s s p
similar uses
RECYCLING ~ ~ ~
CENTER OR
RECYCLING
COLLECTION
STATION
RECYCLING PLANT s
Research laboratories , p p
offices and other
facilities for research
Residential group and p p p p p
nursing homes and
congregate care
facilities for 8 or fewer
9
Uses Notes NC RC C-1 C-2 1-E
elderly persons
Residential group and s s s
nursing homes and
congregate care
facilities for 9 or more
elderly persons
Residential group s s s
home for children
Residential uses in Such residential uses may be extended, enlarged , and/or reconstructed p p p p p
existence on 3/11/97 so long as no additional dwelling units are created
Residential uses in See§ 26-626 p p p p p
commercial zones
Rooming and s s p p p
boardinghouses
RV, boat, trailer and See§ 26-628 p p
travel trailer storage
Sales, repair, rental p p
and servicing of any
commodity that the
manufacture,
fabrication , processing
or sale of which is
permitted in the district
Schools for industrial Conducted entirely within an enclosed building f s s
or business training, f f
including vocational
trade or professional
schools
10
Uses Notes NC RC C-1 C-2 1-E
Schools: Public; INCLUDES: Those uses commonly accepted as necessary thereto when s s s p p
private colleges and located on the same premises
universities
Shoe repair shops p p p p p
Shoe stores See Footnote 1 s p p p p
Shops for custom work See § 26-631 ; § 26-632 p p
or for making articles ,
materials or commodities
to be sold at retail on the
premises
Social club In accordance with Wheat Ridge Code of Laws, Chapter 11, Article XI p p p
Sporting goods stores See Footnote 1 s p p p p
Stone cutting or p p
polishing works
Studio for professional p p p p p
work or teaching of
fine arts, photography,
music, drama or dance
Substance abuse s s p
clinics
Tailor, dressmaking or p p p p p
clothing alteration
shops
Taverns, night clubs, p p p
lounges, private clubs
and bars
Television, radio, small See Footnote 1 s p p p p
appliance repair and
service shops
Temporary Christmas See§ 26-627 p p p p
tree, produce and
bedding plant sales
lots
11
Uses Notes NC RC C-1 C-2 1-E
Theatres, indoor p p p
Tobacco stores See Footnote 1 s p p p p
Toy stores See Footnote 1 s p p p p
Transit station, public s s s
or private
Upholstery shops p p p
Urban gardens See§ 26-637 p p p p p
Video rentals See Footnote 1 s p p p p
Warehousing and See§ 26-631 p p
outside storage
Warehouse/office MaJdmum 75% tetal aFea as waFeheuse; minimum ~5% as tetal aFea s p p
AND FLEX SPACE as effiGe
Watch and jewelry p p p p p
repair shops
WHOLESALE s p p
Woodworking or See§ 26-632 s p p
carpentry shops for the
making of articles for
sale upon the
premises, such as
cabinets or custom
furniture
Footnote:
1 The amount of building space devoted to retail use is limited to 5 ,000 square feet in NC and RC Districts .
2 In addition to being allowed as a Permitted Principal Use in the C-2 and I zone districts, bail bonds businesses may be permitted
in Planned Industrial Development districts if approved as part of an Outline Development Plan (ODP) and in conformance w ith the
requirements of Code section 26-634.
12
Commercial and Industrial District Accessory
Uses
Accessory buildings and structures
Electric transmission or other public utility lines
and poles , irrigation channels , storm drainage and
water supply facilities
PHOTOVOLTAIC {PV} PANELS AND WIND
TURBINES
Farmers' markets
Food services
Produce stands
Residential uses in commercial zones
Outside storage or display
Urban gardens
Key:
P = Permitted Principal Uses
S = Special Uses
Notes
See§ 26-625
See§ 26-635
Pr imarily for the occupants of a build ing containing a permitted use
when located within the same building
See§ 26-636
See§ 26-626
See§ 26-631
See§ 26-637
(Ord . No. 2001-1215 , § 1, 2-26-01 ; Ord . No . 1273, § 2, 1-13-03; Ord . No. 1274, § 2, 1-13-03; Ord . No . 1288 , §§ 1, 2 , 5-12-03 ; Ord .
No . 1301 , §§ 2-4, 7-28-03 ; Ord . No . 1302, §§ 4-B, 7-28-03; Ord. No . 1313 , § 10, 10-27-03; Ord . No . 1322, § 1, 5-10-04; Ord. No .
1348 , § 1, 7-11-05 ; Ord . No . 1370, § 1, 8-28-06 ; Ord . No. 1375, §§ 1, 2, 10-24-06; Ord. No. 1387, § 2, 6-11-07 ; Ord. No. 1413, §§
2 , 3, 6-9-08 ; Ord . No .1468 , § 1, 8-9-10 ; Ord. No .1479 , §4, 3-14-11 ; Ord . No.1491 , §3, 5-23-11)
13
ATTACHMENT 2-Proposed Changes to Definitions
Added Definitions:
ENERGY PRODUCTION. RENEWABLE. A FACILITY THAT GENERATES ENERGY FROM
RENEWABLE SOURCES INCLUDING SOLAR. WIND, AND GEOTHERMAL THE ENERGY
MAY BE USED ON SITE OR SOLD FOR USE OFF-SITE.
FLEX SPACE. A STRUCTURE THAT ALLOWS FOR ANY COMBINATION OF OFFICE.
WAREHOUSE. MANUFACTURING, ASSEMBLY OR LIGHT INDUSTRIAL OPERATIONS.
MANUFACTURING. HEAVY. THE PRODUCTION. ASSEMBLY. FABRICATION OR
MANUFACTURE OF PRODUCTS PRIMARILY FROM EXTRACTED OR RAW MATERIALS,
INCLUDING THE BULK STORAGE AND HANDLING OF SUCH MATERIALS. THIS TERM
INCLUDES BUT IS NOT LIMITED TO MOTOR VEHICLE MANUFACTURING, CONCRETE
MANUFACTURING, AND CHEMICAL MANUFACTURING.
MANUFACTURING, PROCESSING, ASSEMBLY. OR LIGHT INDUSTRIAL OPERA T/ONS.
THE PRODUCTION, PRIMARILY FROM PREVIOUSLY PREPARED MATERIALS, OF
FINISHED PRODUCTS OR PARTS. INCLUDING PROCESSING, FABRICATION,
ASSEMBLY, TREATMENT, AND PACKAGING OF SUCH PRODUCTS. INCLUDES
INCIDENTAL STORAGE. SALES, AND DISTRIBUTION OF SUCH PRODUCTS.
RECYCLING CENTER. A FACILITY AT WHICH RECOVERABLE RESOURCES. SUCH AS
NEWSPAPERS, MAGAZINES. GLASS. METAL CANS. PLASTIC MATERIALS, TIRES,
GRASS AND LEAVES, AND SIMILAR ITEMS (BUT NOT MUNICIPAL WASTE. MEDICAL
WASTE. OR HAZARDOUS WASTE) ARE COLLECTED. STORED. FLATTENED. CRUSHED.
BUNDLED OR SEPARATED BY GRADE OR TYPE, COMPACTED, BALED. OR PACKAGED
FOR SHIPMENT TO OTHERS FOR THE MANUFACTURE OF NEW PROJECTS. THIS DOES
NOT INCLUDE THE RECYCLING OF MOTOR VEHICLE PARTS.
RECYCLING COLLECTION STATION. AN ESTABLISHMENT ENGAGED IN COLLECTING
RECYCLABLE ITEMS SUCH AS NEWSPAPERS. MAGAZINES, GLASS. METAL CANS,
PLASTIC MATERIALS. TIRES. GRASS AND LEAVES, AND SIMILAR ITEMS (BUT NOT
MUNICIPAL WASTE. MEDICAL WASTE. OR HAZARDOUS WASTE) FOR THE PURPOSE
OF RESOURCE RECOVERY.
RECYCLING PLANT. A FACILITY WHERE RECOVERABLE RESOURCES. SUCH AS
NEWSPAPERS. MAGAZINES. GLASS, METAL. STEEL SCRAP. RUBBER. METAL CANS,
PLASTIC MATERIALS, TIRES. GRASS AND LEAVES. AND SIMILAR ITEMS (BUT NOT
MUNICIPAL WASTE. MEDICAL WASTE. OR HAZARDOUS WASTE) AND/OR OTHER
PRODUCTS ARE RECYCLED AND TREATED TO RETURN SUCH PRODUCTS TO A
CONDITION IN WHICH THEY MAY AGAIN BE USED FOR PRODUCTION OR FOR RETAIL
OR WHOLESALE TRADE.
TOW SERVICE. AN ESTABLISHMENT THAT PROVIDES FOR THE REMOVAL AND
TEMPORARY STORAGE OF VEHICLES BUT DOES NOT INCLUDE DISPOSAL. SALVAGE,
DISASSEMBLY OR ACCESSORY STORAGE OF INOPERABLE VEHICLES.
Attachment 2
Deleted Defin itions :
MaR~faGt~re, basiG. The first operation or operations whiGh transform a material from its
raw state to a form suitable for fabrication processing.
MaR~faGWFiRg, pFOGessiRg, v.-areho~siRg. Instruments of professional, scientific,
photographic, optical and other similar uses; electrical machinery, equipment and
supplies; fountain and be¥erage dispensing equipment; ply.vood furniture and similar
wood products; small items, ~uch as toys, clocks, jewelry, fountain pens, pencils and
plastic products; transportation equipment; candy; foods (processing and!or canning);
glass and glass products; other similar uses.
ATTACHMENT 3-Proposed Changes to Development Standards
Sec. 26-220. -bight Industrial-EMPLOYMENT District (1-E).
A: Intent and purpose. The intent of this district is TO ALLOW LIGHT INDUSTRIAL AND
COMMERCIAL USES THAT SUPPORT EMPLOYMENT. te permit the use ef
pre\•ieus IRdustrial (I) zeRed preperty fer semmersial aRd light iRdustrial uses.
RezeRiRg te IRdustrial (I) ZeRe Distrist slassifisatieR shall Ret be permitted;
hewet~er, existiRg IRdustrial (I) zeRed preperty may be de·.teleped aRd used iR
asserdaRGe with pre¥isieRs set ferth hereiR.
B. Development standards.
1. Maximum height. Fifty (50) feet.
2 . Minimum lot area. No limitation, provided that all other requirements can be met.
3. Maximum lot coverage. l!ighty (80) EIGHTY-FIVE (85) percent , with a minimum of
tvJeRty (20) FIFTEEN (15) percent of the lot being landscaped. (See section 26-123 for
definition.)
4 . Minimum lot width . No limitations, provided that all other requ irements can be met.
5. Front yard setback. Fift)t (SO) TEN (10) feet minimum. THE 10-FOOT SETBACK
AREA MUST BE LANDSCAPED TO MEET THE REQUIREMENTS OF SECTION 26-502 .
6. Side yard setback.
a . Principal permitted and accessory uses : Five (5) feet per story minimum , except
as follows :
(1) Zero setback where structures are constructed of masonry or nonflammable
material and in accordance with the uniform building code.
(2) Thirty (30) TEN (10) feet where adjacent to a dedicated public street. THE
10-FOOT SETBACK AREA MUST BE LANDSCAPED TO MEET THE
REQUIREMENTS OF SECTION 26-505.
(3) Where a side yard abuts property zoned residential , or where zoned
agricultural and there is a residential USE struGture withiR fifteeR (1 S) feet ef
the semmersial preperty, a fi¥e feet per stery FIFTEEN (15) FOOT landscape
buffer meeting the requirements of section 26 -502E . (landscape buffering for
parking lots), shall be required .
(4) SPECIAL USES, ESPECIALLY IF ADJACENT TO RESIDENTIAL USES,
MAY BE REQUIRED TO MEET GREATER SIDE YARD SETBACKS, TO BE
DETERMINED THROUGH THE SPECIAL USE PERMIT REVIEW PROCESS.
b. Spesial uses: The miRimum width ef side yard shall be tweRty fi¥e (26) feet
exsept as felleto•Js:
(1) Thirty (30) feet to•Jhere aEijaGeRt te a dedisated publiG street.
(2) Set~eRty fit~e (76) feet where a side yard abuts preperty zeRed
Attachment 3
resideRtial, or -.•:here zoRed agriGultural aRd there is a resideRtial struGture
withiR tweRty fi•Je (25) feet of the iRdustrial property. There shall be a
si)( foot high solid deGorative wall or feRGe aRd teA (10) feet of laRdsGapiRg
adjaGeRt to the property liRe.
(3) Where a side yard abuts a railroad right of way, RO side yard setbaGk
shall be required.
7. Rear yard setback.
a. Principal permitted and accessory uses : Ten (1 0) feet for a one-story building and
an additional five (5) feet per each additional story thereafter, except as follows:
(1) Any rear yard which abuts a public street shall have a minimum setback of
fifteeR (15) TEN (10) feet for all structures .
(2) Any rear yard which abuts a public alley shall have a minimum setback for all
structures of five (5) feet from the edge of the alley.
(3) Where a rear yard abuts property zoned residential , or where zoned
agricultural and there is a residential USE struGture withiR fifteeR (15) feet of
the GommerGial propert)', a FIFTEEN (15) FOOT landscaped buffer meeting the
requirements of section 26-502E. (landscape buffering for parking lots), shall be
required .
(4) SPECIAL USES, ESPECIALLY IF ADJACENT TO RESIDENTIAL USES,
MAY BE REQUIRED TO MEET GREATER REAR YARD SETBACKS, TO BE
DETERMINED THROUGH THE SPECIAL USE PERMIT REVIEW PROCESS.
b. SpeGial uses: The miRimum depth of a rear yard shall be tweRty (20) feet
e)(Gept as follott.'s:
(1) Thirty (30) feet where adjaGeRt to a dediGated publiG street.
(2) SeveRty five (75) feet where a side yard abuts property zoRed
resideRtial, or where zoRed agriGultural aRd there is a resideRtial struGture
withiR tweRty five (25) feet of the iRdustrial propert)'. There shall be a
si)( foot high solid deGorati•Je wall or feRGe aRd teA (1 0) feet of laRdsGapiRg
adjaGeRt to the property liRe.
(3) Where a rear yard abuts a railroad right of way, RO rear yard setbaGk
shall be required.
8. Parking requirements. See section 26 -501
9. Landscape requirements. See section 26-502
10 . Fencing requirements. See section 26-603
11 . Sign requirements. See article VII.
12 . Streetscape and architectural design guidelines. See Architectural and Site Design
Manual and Streetscape Design Manual , section 26-224
13. OUTDOOR STORAGE. MERCHANDISE, MATERIAL OR STOCK MAY NOT BE
STORED IN THE FRONT OF BUILDINGS. OUTDOOR STORAGE MAY ONLY OCCUR
WITHIN THE SIDE OR REAR YARDS AND MUST BE COMPLETELY SCREENED FROM
ADJACENT PROPERTIES AND STREETS BY A SIX-FOOT HIGH OPAQUE WALL OR
FENCE IN ADDITION TO TREES TO BE PLACED AT THIRTY-FOOT INTERVALS.
MERCHANDISE. MATERIAL OR STOCK SHALL NOT BE STACKED TO A HEIGHT
GREATER THAN THAT OF THE SCREENING WALL/FENCE.
(Ord . No. 2001-1215, § 1, 2-26-01 ; Ord . No. 1355, § 5, 3-14-06 ; Ord . No . 1481 , § 8, 3-28-1 1)