Loading...
HomeMy WebLinkAbout02/19/2009' Lily of W he-at idge PLANNING COMMISSION AGENDA February 19, 2009 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on February 19, 2009, at 7:00 p.m., in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting ifyou are interested in participating and need inclusion assistance. CALL THE MEETING TO ORDER 2. ROLL CALL OF MEMBERS 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) 5. APPROVAL OF MINUTES - February 5, 2009 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.) PUBLIC HEARING A. Case No. WZ-08-09 (continued from February 5, 2009): An application filed by Longs Peak Metropolitan District to establish zoning of Agricultural-One (A-1) for land being annexed into the City of Wheat Ridge (Case No. ANX-08-03) generally located east of 14802 West 44th Avenue. B. Case No. ZOA-08-04: An ordinance amending Chapter 26 to require proof of adequate water supply for certain new developments. 8. OTHER ITEMS A. Joint Study Session with Board of Adjustment - March 5, 2009 9. ADJOURNMENT City of' W heat Ijdge PLANNING COMMISSION Minutes of Meeting February 5, 2009 2. 3. 4. 5. CALL THE MEETING TO ORDER The meeting was called to order by Vice Chair MATTHEWS at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29`x' Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Excused: Staff Members Present: THE Jim Chilvers John Dwyer Dick Matthews Davis Reinhart Kim Stewart Steve Timms Anne Brinkman r........ C Ken Johnstone, Community Development Director Meredith Reckert, Senior Planner Ann Lazzeri, Recording Secretary THE AGENDA It was moved by Commissioner REINHART and seconded by Commissioner DWYER to amend the agenda to move item B to item A under Public Hearing. The motion passed 6-0. APPROVAL OF MINUTES - January t5,2009 It was moved by Commissioner REINHART and seconded by Commissioner DWYER to approve the minutes of January 15, 2009 as presented. The motion passed 6-0. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Planning Commission Minutes 1 February 5, 2009 There was no one to address the Commission at this time. PUBLIC HEARING A. Case No. WZ-08-09 (to be continued to February 19, 2009: An application filed by Longs Peak Metropolitan District to establish zoning of Agricultural-One for land being annexed into the City of Wheat Ridge (Case No. ANX-08-03) generally located west of 14802 West 44`x' Avenue. Staff recommended continuance of this case in order to schedule a neighborhood meeting before the hearing. It was moved by Commissioner RE STEWART to continue Case No. M meeting of February 19, 2009. The B. Case No. WZ-08-07: A request fi Commercial-One and Residential-' Development and approval of an C located at 10403 West 44`x' Avenur The case was presented by Mereditl- case planner for this application. SI record and advised the Commission reviewed the staff report and digital for reasons, and with conditions, as and passed 6-0. by Commissioner a zone change from d Commercial pment Plan for property ert. She was representing Jeff Hirt, the ,red all pertinent documents into the was jurisdiction to hear the case. She rntation. Staff recommended approval ed in the staff report. from the applicants. stated that he had nothing to add to the staff report but would entertain In response to a question from Commissioner TIMMS, Mr. Burris the dumpster would be enclosed and the front landscaping would be Vice Chair MATTHEWS asked if there were members of the audience who wished to comment on the case. Hearing no response, he closed the public hearing. Commissioner CHILVERS stated he liked the development because it is similar to the new duplexes surrounding the property and looks better than the commercial property to the east. It was moved by Commissioner TIMMS and seconded by Commissioner REINHART to recommend approval of Case No. WZ-08-07, a request for Planning Commission Minutes 2 February 5, 2009 approval of a rezoning from Residential Two and Commercial One to Planned Commercial Development, and an Outline Development Plan for property located at 10403 West 44`" Avenue, for the following reasons: 1. The proposed zone change is consistent with the goals and objectives of the Comprehensive Plan and the Fruitdale Subarea Plan. 2. The proposed zone change is compatible with the surrounding area as a low impact non-residential use. 3. The proposed zone change will not adversely impact the public health, safety or welfare. With the following conditions: 1. Under the allowed uses on page 1 of tl insert the uses "single and two-family family dwellings as ancillary to an all( allowable uses and eliminate the phra accordance with Section 26-204 for th 2. The applicant must receive a certifica commercial use to operate the business application for an additional building modifications. 3. The applicant must receive a business 4. The ODP shall comply with Section 21 Motion passe C. Case P concer This case was digital present maximum resi Residential Df districts. Rele are proposed. itline Development Plan, lings" and "single and two- non residential use" as l uses allowed in sidential Two zone district." occupancy for a rich may include nit and interior se to operate the business. for trash enclosure and finance amending Article III of Chapter 26 in planned development districts. y Ken Johnstone. He reviewed the staff report and ,rdinance proposes amendments to regulations for >ity in planned developments, specifically the Planned (PRD) and Planned Mixed Use Development (PMUD) s to the Planned Hospital Development district (PHD) Vice Chair MATTHEWS asked to hear from members of the public. Thomas Slattery 6869 West 32"d Avenue Mr. Slattery stated that he had no problem with 21 units per acre. He did have a problem with using total land area for density calculation because he believes it violates the intent of the charter. Planning Commission Minutes 3 February 5, 2009 Nancy Snow 11155 West 40th Avenue Ms. Snow encouraged the Commission to think independently and consider neighbors' wishes. She did not believe the majority of people attending public meetings were in favor of increasing density. She did not believe higher densities were necessary when Wheat Ridge has one of the highest ratios of rentals in the metro area. She expressed opposition to high density living arrangements that lead to tension caused by people living in such close proximity to one another. She stated that the charter's intent is that you don't use the same land twice by using it for commercial and residential. Janet Bell 10095 W. 44th Avenue Ms. Bell expressed concern about numbers commercial than residential space. For exa use, does the first floor commercial have to residential units on the second floor; would building; how high could a mixed use build architectural design and buffering are more suggested that the ordinance is too specific able to set parameters for specific sites. there should be more ple, if a building is built for mixed ive more of a footprint than the be a commercial or residential 55 feet? She stated that in increased density. She is a need for flexibility to be Mr. Johnstone stated that it is nc mixed use district as set forth in In response projects. It is also an attempt to keep the 35-foot height limit in a mstone stated that the ordinance is w for increased density in mixed use penalizing someone who wants to do a Commissioner STEWART suggested that there should be a requirement for play areas and park space. She expressed concern that children who live in these developments should have places to play. Mr. Johnstone commented that there are requirements for developers to provide parkland dedication or fees in lieu of dedication as well as on-site landscaped areas. Commissioner REINHART expressed concern about the math calculations for mixed use development. He expressed concern that the charter could be skirted by pretending that commercial is not a part of the total build-out on a site. It was moved by Commissioner REINHART and seconded by Commissioner DWYER to recommend approval of the proposed ordinance amending Article III of Chapter 26 concerning residential density in planned development districts excepting the changes proposed relating to the computation of density in Planned Mixed Use Development. The motion passed 6-0. Planning Commission Minutes 4 February 5, 2009 8. OTHER ITEMS A. Amended Resolution designating a public place for posting of notices of public meetings. Ken Johnstone presented this matter. Resolution 01-2009 identifies the lobby of the Municipal Building as the designated place for posting of meeting notices. The original resolution identified the location as the bulletin board in the lobby. Notices will still be placed in the lobby but a designated place in the lobby is not designated. It was moved by Commissioner TIMMS and seconded by Commissioner DWYER to approve Resolution 01, Series of 2009, establishing a designated public place for the posting of meeting notices as required by the Colorado Open Meetings Law. The motion passed 6-0. 9. ADJOURNMENT It was moved by Commissioner STEWART and seconded by Commissioner REINHART to adjourn the meeting at 8:05 p.m. The motion passed 6-0. Ann Lazzeri, Secretary Planning Commission Minutes 5 February 5, 2009 City of r W heat midge MUNITY DLVELOPMENT CITY OF WHEAT RIDGE. COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Meredith Reckert DATE OF MEETING: February 19, 2009 CASE NO. & NAME: WZ-08-09/tong's Peak Metropolitan District ACTION REQUESTED: Approval of A-1 zoning on property being annexed into the City of Wheat Ridge LOCATION OF REQUEST: Property located east of 14802 W. 44th Avenue, including the rights-of- way for State Highway 58, the proposed interchange for Highway 58 and Cabela Drive, Cabela Drive between the new interchange and W. 44th Avenue and right-of-way for W. 44th Avenue from west of Holman Street extending approximately 4500 feet to the east APPLICANT/OWNER: Long's Peak Metropolitan District APPROXIMATE AREA: 32.98 acres PRESENT ZONING: 1-1 (Jefferson County) COMPREHENSIVE PLAN: Business Park (Wheat Ridge Urban Growth Area Plan) ENTER INTO RECORD: COMPREHENSIVE PLAN ZONING ORDINANCE CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION Planning Commission WZ-08-09/Long's Peak Metro District All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. 1. REQUEST The applicant is requesting approval of Agriculture-One, A-1, zoning on property owned by Long's Peak Metropolitan District, the Colorado Department of Transportation and Jefferson County. (Exhibit 1, Vicinity Map) This property is currently being considered for annexation into the City of Wheat Ridge. Of the 32.98 acres, the parcels owned by the metro district are the only privately owned property and comprise 4.3 acres. The remainders of the property are owned by Jefferson County which constitutes the right-of-way for W. 44`h Avenue (9.7 acres) and the right-of-way for State Highway 58 (18.95 acres). (Exhibit 2, Annexation Map) The property is primarily comprised of infrastructure improvements for Highway 58 and W. 44`h Avenue extending from Holman to the western city limit line in the vicinity of the 441h Avenue Industrial Park. One piece of the metro district's ownership was purchased to provide a connection to W. 44`' Avenue. This piece of land is the eastern portion of the business located at 14802 W. 44'h Avenue (Asphalt Paving Company). This parcel is currently being utilized for vehicle storage for that existing business. This property being annexed lies directly north of property owned by Coors which was annexed by the City on November 10, 2008. This annexation parcel is the final portion of the right-of-way needed for the Cabela's improvements from W. 32nd Avenue north to W. 44`h Avenue. With the annexation, the City of Wheat Ridge and CDOT will be the permitting entities for the proposed street and interchange improvements. (Exhibit 3, Map of Cabela Drive Improvements) The metro district will eventually be responsible for the construction of the improvements which includes Cabela Drive, the proposed interchange for Highway 58 and Cabela Drive and Cabela Drive between the new interchange and W. 44"' Avenue. Prior to infrastructure improvements, the land owned by the metro district will be dedicated to CDOT and the City of Wheat Ridge. By state statute, zoning must be in place within 90 days of annexation. The proposed zoning and annexation are scheduled for public hearing at City Council on March 23, 2009. The A-1 zone district allows large lot single family residential and agricultural uses such as farming, fish hatcheries and public stables. (Exhibit 4, A-1 Use Chart) II. NEIGHBORHOOD MEETING The required neighborhood meeting was held on February 12, 2009. Information regarding attendance and discussion items will be distributed at the Planning Commission hearing on the 19`h. Planning Commission WZ-08-09/tong's Peak Metro District III. ZONE CHANGE CRITERIA Staff has the following comments regarding the zone change criteria. The Planning Commission shall base its recommendation in consideration of the extent to which the applicant demonstrates the following criteria have been met: 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error; The official city maps have not yet been updated to reflect the annexation parcel. The Jefferson County zoning maps reflect the property as being zoned I-1. 2. A change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, The property being annexed and zoned is the last of several annexations occurring since 2005. The Cabelas annexation, involving 198 acres of property, extended north from W. 32"d Avenue along I-70 to north of Clear Creek. An Outline Development Plan (ODP) and a Final Development Plan (FDP) and plat were approved for development of a Cabela's retail center. The Cabela's store has not been developed but many of the infrastructure improvements associated with the project have. Those improvements include the widening and improvement of Youngfield Street, the W. 40th Avenue/I-70 underpass from Youngfield and the relocation of a portion of the Clear Creek greenbelt trail. There have also been improvements funded by CDOT for interchange movements between State Highway 58 and I-70. Two recent annexations occurred in November of 2008 which lie between the Cabela's annexation area and the subject piece. This is an area in transition which, upon ultimate development, will end up being a major commercial center in the western metropolitan region. Since this piece will be used only for infrastructure improvements, the A-1 zoning is appropriate. Stgf f concludes that this criterion has been met. The Planning Commission shall also find that the evidence supports the finding of at least four of the following: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area; The property is designated as Business Park in the City's Urban Growth Area Plan which was adopted as an addendum to the Comprehensive Plan. The following are examples of desired land use specified for this designation: light manufacturing and assembly, research and development facilities, offices and supporting uses and professional services The annexation and zoning of this property will support anticipated future development of properties to the south and southeast. Although the proposed A-1 zone district is not consistent with the land use Planning Commission WL-08-09/Long's Peak Metro District category suggested by the Comprehensive Plan, Staff concludes it is appropriate as it will be used only as infrastructure to support anticipated commercial development. Staff concludes that this criterion has been met. b. The proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived; Abutting the property to the west is property used as the right-of-way for State Highway 58. To the west along W. 44`x' Avenue is a mix of commercial and industrial businesses located in unincorporated Jefferson County. To the east is right-of-way for State Highway 58 and an enclave of unincorporated properties with industrial office/warehouse uses. Abutting the property to the south is property owned by Coors recently annexed by the City of Wheat Ridge. Annexation and zoning of the property will allow for development of a regional commercial center which will be beneficial to the City of Wheat Ridge. The proposed A-1 zoning is compatible with the zoning on other existing infrastructure in the area, namely I-70 as it traverses the City. Staffconcludes that this criterion has been met. C. There will be social, recreational, physical and/or economic benefits to the community derived by the change of zone; The city is obligated to zone the property within 90 days of annexation. There will be physical and economic benefits derived from the annexation and zone change as use of the property will support anticipated commercial development producing increased property tax and potentially, sales tax revenues. Stcr.1'concludes that this criterion has been met. d. Adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity; The property is being annexed and zoned to provide infrastructure upgrades to adjacent property. Stc ff concludes that this criterion is not applicable. C. The change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties; The application of A-1 zoning will not directly result in traffic congestion, create drainage problems or result in other impacts to adjacent property. There will be impacts to this area when the infrastructure improvements are built; however, the approved environmental assessment which occurred at the time of Cabela's annexation supports design and installation of the proposed improvements. Planning Commission 4 W7.-08-09/Long's Peak Metro District Staff concludes that this criterion has been met. 3. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. As there are no structures proposed for the property, the commercial/industrial design standards in the Architectural and Site Design Manual cannot be applied. Staff concludes that this criterion is not applicable. V. AGENCY REFERRALS All affected service agencies were contacted regarding the ability to serve the property. There were no critical issues voiced from the responding agencies. VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that in order to comply with State statutes regarding annexation, the property must be zoned within 90 days. As this property is to be used only for infrastructure improvements, zoning of the property as A-1 is appropriate. For these reasons, a recommendation of Approval is given for Case No. WZ-08-09. VII. SUGGESTED MOTIONS: Option A: "I move to recommend APPROVAL of Case No. WZ-08-09, a request for approval of A-1 zoning for property being considered for annexation to the City located east of 14802 W. 44th Avenue, including the rights-of-way for State Highway 58, the proposed interchange for Highway 58 and Cabela Drive, Cabela Drive between the new interchange and W. 44th Avenue and right-of-way for W. 44th Avenue from west of Holman Street extending approximately 4500 feet to the east for the following reasons: 1. "Zoning must be in place within 90 days of annexation. 2. A-1 zoning is appropriate for infrastructure." Option B: "I move to recommend DENIAL of Case No. WZ-08-09, a request for approval of A-1 zoning for property being considered for annexation to the City located east of 14802 W. 44th Avenue, including the rights-of-way for State Highway 58, the proposed interchange for I Iighway 58 and Cabela Drive, Cabela Drive between the new interchange and W. 44th Avenue and right-of-way for W. 44th Avenue from west of Ilolman Street extending approximately 4500 feet to the east for the following reasons: Y' Planning Commission WZ-08-09/1ong's Peak Metro District IV ~ _ ' 000 ~ ~ IF: - C - I 0 0 0 , r- IM , CL x Cr IM y 0 1 Ut, t - IF / ~I I 1 . I I I ~ Ago ~ r t. ~ I I 1 yt r .I 1 31 - - f I l ` V r 0 D c 3 1 EXHIBIT I LAG METRC~ - NI'-r1I I 1 BEING PORTIONS OF SECTIONS 1 9 AND 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO CLC AIIIIIIIIIIIIIIGCIATC11111 LEGAL DESCRIPTION OF ANNEXABLE LANDS 'x E ITHER LANDS, A 1IN0 NTmN SLCI HN5 ' DORANC MORE P-HTIIiARIY CESCWe[0 AS --k 1 ~ 'I' - IR "..;C N H At W-1,( THE SOMIEASI CpUrR Of S41i1 lLLFNAT57 '"TIER A AF. Sl F .,j Ji [A A S A4 b ~E4'ZI M A.I IIISRVI ryE TIII I TIC I lfti-0, 'l- fFl- 012512 OIL.. P 'M 110 E ! F[7 19 FIN YC45' WC,: CORN,I .R I H A FRI All _AN or l N7RF AN',) CONYLdO 'R t, 11 CO. 09 AGO CL"•RIIJENT 'F IHAAI}CN I n; t Pf ; PIN',N Ip 20G8011C,87 SAC P( NF BE1N.; CONCIDI 1 MIG THE SOU 7F, ~1 I, :0 HIRED _TAIF I felt N R AS 9ESCRIREL AND ,'fY1KYc0 IN ROOM :212i, Nx.;, 1,11, AN,') SPN; I4 PINT Of HiiN'ANG: MCNCI AI V L INllll '_N( SOUTH 90t 52'IN 6365 F'FI SU THE TEST LNE P SAM mE 151,51 UDk'I1EiC R,f NCI 711 dA 'M5T UNI, N APTN f.0 H9 rD'wb 8915 V I f TO P POINT )N +E W3.N'UAKY 0. 541 CERTAIN RAND OESCaNLD AS .ARC'l_ Nn. 7E AT ICOEPRIY J:1G'1. aIINCI IEA'I:VC SAID WEST LINE OF SAID 500I7NESI QUARTER. AI WC SAC PARCEL Nn 26 SOUNIMY IMF F•9LL0'AINO TWO (2) CGuR5E5: I NGRIII /14 "I All 101 OR FFF7 10 A PONI. 2 NOR, 'II. I^"I. AS'. !I,`. I'EEI 10 THE SCCiLHA[ST A'0QNFR N' THAI CERTAIN IANO DFStABEI4'45 PARCEL NP 2AA AI RECEPTION NP rC118002606, IHENIL A 41- L..I IRA RRNNIIARI :HT T4, LATNC ~IYIN (A) @IJRSEPI. NC,i}1 ILH:YO FLET :0 A ROAM NfF-I, IxILET FEEI IO A P91NI: 3 SOON FEEI ITT A PD NI. 1 NONW )9 Y-"wC-I, ea rIJT To A FONT VI IF HOINN ImY O M,SI 14TH A.fN0E A`, DIKAIBID AND CONVEYED IN Book 199, RAGE '-n, MEND A 171oj N C PA9AllE NSH THE NCATH LIME 9 'i.P. SCI)INWESI DoAN'[I JA dI, NCR ill 6936G,F'FASI 127991 ITT i0 A iANGCNI `RLIF 10 IF L .-FT ;CNI::Hf.NE M1'PI-mL lHH1Y, 111(Nr, AA ~P'HEA;IFR-Y ALCNC, EpIL '-'RR IIAANT A RAD1115 DI TORO: S1. AM1 NWUSI ON• i,~OW e-APS 0111 nA7t11'f AST AND FAS A CHORD IENGIH O' 2816 FEET I I A LLN' L OE C 59']9'A FOR AN AAI' LFN1;I4 Y 11 R< FPF1 TO A PANT ON Rk AL:I ONE Dr FFINR,A S(HT M£NCE AL O WS' TIN NU TI 00:37/'M 9R FEE? TO A Ppll I'I11.11R 1A, a51 A F[ TT A 1'.CA Q'i 11-1 FA' I NE OT 'f GM'SIR'[1, 1IEV'L A NJI tAN4N1 CURO I^ Hit ILI 6NN - IG r T£N HANNC• A RADNii CE 30.00 FEET. AMI'AN_I,Sf LOAD CIOR7i BE ARD WM 4;'3N-47- E AST ; CIA' A CI.ORp HNOIH OF A2,51 FEET. T1111Yll A ELN'RAI ANCIF OF 90b70' FOR AN ARC IEll IS 4).39 FEET TO A PpNI 00,00 FEET DISTANT FROM 11111 r;ON'4 Olk O SAID SG.IHYS5T IAIARIFk ISA' NI; -I- U; PARAL'1 SAT HIN'IH IWf Nl 6R171'0*•'AS1, !45,49 FIEI 10 A 15151: r4 "E SINITH 00'23'JJ'LANt 1D00 FEET IO A P[-,N' GA THE AFIIAMENIIONLII NORTH HAF Tit SAID fF?_I 4171 AVENNE AS DESCRiyO AND CONVEYED N HDON 759, 'AI'n 221, AND ALSO DE91,CN114D &NO CL'NAC Efl IN F,-W, 123, VAC{ 3p] AND I[CEPTION N, R9033001. THEN Ci e,ENC. )AID NI IN 111 HE 1 SAID A'_SI A111 11ENUF Mf F111~GM%; IIIIEL j,1) MNtSH d?C60.`'EASI. 2260°_ IEE7 ID A fANCINf C,F1'f_ 10 ME LEFT CONCAVE NEWHIINI'. 9 EAS71M N. SAID CURL '1A IN A RADIUS J 41. Dfi -LE I. ANP Y,I+A _CNf, DOFM o Arfi NORTH HI;422 OAST AND HAS A CHOPT LENGTH L9 I92JR RLI, IHRINT, A CF IN INN, ANGEE OF 120!.1 FOR AN MC LN:II' U) 19:'51 Ff;. 10 A PDNI OF IA.NfN NCY; ,1 NOITH nif3'dl'Ed91. 7R9'! 10 FE---. TO A POTNT SAO POIN-ALSO BFINC A P01NI W CUTTVAHNE 07 THE NORTH TINE OI - , 4ESI 141A AV NA . DFEN0E LUr1NG SAID NCRNI LINI. SOUTH 125719'EAST, TOM ILL I TO THE SOKFH TIM. IF GAIL) WEST NIT, A'IFNUE AS DESC'RNCC AND CONVEYED IN ROCK 355• PACE 271, AND ALSO NSCRBEP AND CONVEYED IN WORT 523. PACE 325 AND RECEPTION N... 190310DI, IHFNC, 1;GN; SAIL' SOUIH LJNE THE TOLOWAIG MRTF 17) COURSES- ' SOU H 174 •MS 309240 I IC A TANGENT CURAE TO IIf RIMII f DNCA'A NORIHETn, WC^tEA Y A 0Y0 SAD ;J VE HAVING A RA91US Of 945.00 FEp• AND An40k JUNG CHORH H14R5 SOUTH. 0301 i2'N£SI AND HAS A CHORD 11:NGIH 01 2OR98 H':I TFIRWU A CEAIIRAL (ANGLE OF II'037J', 12R AN WiC LENGTH OF 20937 ([11 10 A PONT OF TANG`NCV SAID PpNI W IV 4D.00 FEET DIVAN, 19ON ME NORTH [IN[ OF (,4 -0"MVE.SI OLAR ER Iiw {I OF TACO SEI:DFW 19: T nRAI.{p SA;,-, NGFlII IRiE OF SAID SI!771NE:I DDANIaR (CO 6CU111 6901DS'NNBL INI3.C7 FE.RT TO THE NORTHEAST CORNER OF THE AFOHU[NTIONFO PARC>_L No 26A, 'HA I JIM- $I01;111 NNE IN SAID NET' 447 5FTH, AND ALONG THE FAST -NE OF - 1 "AiCII NP 261• SO M OD2374'EASi, 148215 FEEL TO THE SH'IHLF -RFFn T S,ID PARCEL No 2211, AND 9EY•, 1 JINOTOI WIN THE NPATNN131 CORNS DI PARCH Nn 74 AS LIESANHID ANO CDNVLIEM AT RECEPTION yc, (HENCE 'O•C 'N Npn I INF 17' SAID (14R(Ei Nn AND ACf 7MIINC A ON UHF NfNl17.W ti ARCF'. Na. 15 15 OESCRIBLO AND CONA!,ED AT REIFRROII Nu. 29SM341R, N; AN'E S 891 FEET FO IK N1FTI LINE OA COLORADO _74 I HICHN4Y SR: TRACE -TII .1-11 F -1 SAID L.ITIWAOD TAIL NUHNAYM INF O hNNr... PIPE (5) CO1T,5E5 1 NONIN 1' " : FR; 70 A PANT; 2 m,l F,I, SPARS FI,TI 10 A wgNT DN THE EAST LINE Of IW_ SAID 5aUR- !lT QUARTER ISW'A) If 540 RCTIRN l9; 3 WORIP CS':':NA':I_1 J, 7E FEEI TO A POINT; b. 1:'nl1d -i, 1:N I rc! i0 A PONi, 5 M'&n y • •i'_.~.' :I u l IC e 15X51; MIA . -n rT. '2+117 N45)I'AE-. MD •A FEET TO 4?ON1 ON IIH So f, IRIE O SAIN COLORADO SIAIL IOOHNM 5R; n4.NCF IN Ill[ FCA311NING TIN) 121 'IWHSF$' SOUTH 102, 'PEST 44919 FEEL TIC 1, POINT: 2 SOUTH ED3 52"ALSL 711 36 ITT L '-HL N,-WHIA5T GOpNfR OF THAT 3FRIAI1i I AND IS LfSC59EG AND CONVFN7 :U III' COLORADO OEPARIMON OF IOANSPORTA7G4 At NECUT'TON N,, 20LWHRAl, PENCI 71 IuAk` Y 1 CERTAIN LAND AS DESCIAWO ANN E0144Y81 TO THE COLORADO GWPARIWNS OF TRANSF'ORID7an' TIN FCLLOWINC rNi (N) GOIRgr I SOL' III •,;•:':"N`] AT.=d-LET TO A POIII. R BF1 'C A I'GNI: N. lp,F f M cf III A TORT, 1 R; TfT M A PORN, wP IHB VUINI O' pF:LYNIN;: CGN;AIr,. R(I ,3R 32994 ACRES U LAN(, M011 OR It aS. VICINITY MAP MAP LEGEND .'t Nl FOUND. AS NOTM n1o IRTI1 = (H) , RECORD - - _ EIOSTING CITY OF WHEAT RIDGE IIIAITS i CA1',FINI ICY OF AML. RIDGE LIMITS -.,NLJW5 AT 7 P2.rO;ELI ANNF,l BOUNDARY PARCEL (IR Ln1 -N, LAND` SJN'fl, EE:TION LINE OI All POUE POUNDAAY ~NV V111 IN OWNERSHIP LISTING and CONTIGUITY TABULATIONS CURRENT OWNER(S) OF PROPOSED LONGS PEAK METROPOLITAN DISTRICT; JEFFERSON ANNEXATION LANDS: COUNTY; COLORADO DEPT. OF TPANSPORTATILIN LENGTH OF EXISTING WHEAT RIDGE BOUNDARY 6,291 L.F. COINCIOENTWITH PROPOSED ANNEXATION LANDS: LENGTH OF TOTAL BOUNDARY OF PROPOSED 16.882 LF. ANNEXATION LANDS: LENGTH RATIO OF PROPOSED ANNEXATION BOUNDARY 2,111:1 TO EXISTING CONTIGUOUS WHEAT RIDGE BOUNDARY (6'.1 Max. Ratio allowed) TOTAL AREA OF PROPOSED ANNEXATION: 72.981 Aces SURVEYOR'S NOTES 1. Af'.:f.TFT I' L LO A 7 5 C01AI( 4 IIf. h AN'C U0.Y IN' DEFECT IN ZI RIl1N N 14111. ARI AFT, + HBS o-C'., Sl FF N Y' 1 '1 7 11 A A':I T oM1 all 11,1N Al OETC N THIS SUF A•'Y NF Ea4MrIC G NCAF 'HAM I, YF ' IPAYI INC HAR IN IHE .l N1N.GA n..M' VNN of > N1 M1 II INIIIIITL A TFL A.=IO P-_ IIHN ANNA NA I N VkP AA5 F1kI AP. G A' 11E,1'F1I OF 3 LAS I Ill r: S.•1' G2`11 ' CAS:, RtV IM BF4RNC II T TIT( 91 11M ,..RTEA L'W I -lI OF 3CHGN 19, 1w,4141111 F all 1E t 1 JAI•I PRI CFA NFFP SAN 1% MCN MINT AN L 91 L 3 ' aA4TLR R2AII5 FA IN RANGE 7h1N ATM NINE :lN1Al )FSI' J..DIA DIA5N' I.W 1,4I 11L A IN ,N{, I1i:, C.NI A7 NIL Sf/J7;EA$I CORNER l ~4NI SO)F-WF Q-,ANTC: INN 111, A FRID WRlS` DATE 1JN4 rl, 2C35 COORDINATE SYSTEM INFORMATION GKJo.I GRID CGN01NE09CALE FACIO( 15 P.N94,6USG0. SCAIRN NON IF GIIY Iy VWILAI tON HA5F AIN1 PHAC' WHII:M I TIF Fg10011l :GCNNRNAIE NAIUF5. NORMNC 17012`581/ CAS:NG A"821,5 1141ION 547167 4 GRI'J BASIS :O HEARINGS- SOUTH 0071'41• EAST, A6 OETERMITil IN TWFEN THE FO!LOWINO FNO (71 CO4TR0. FONTS 71 NArAI RIDV IH.,I40PI (:ENFCA IUARTT1 !'RRNIP H1 9 :Npt 19. 135 P !9N) - GIA HI M' PIT, IGE 10. 0"Oil? (ScH IN oil ARIER C ii"i1 O _v r11ON 19,- L, R ?,90) SURVEYOR'S CERTIFICATE -':Art OF CO(FRADQ LN" WINERY CFARTA THAI THE AlIFAMMAN 10 Ill 4-1 I'HAS PAIEPAALO U'IMT My DIAFCI SIJFIPNIS'ON AND. IO Ilk BEST O MY 'IAN M 16OIAISNI F1 ; r.1I 1pATl. V E hINBEH Jtl(RD O AND 1 NE All O aC Aa"SCXCIFS, NI BNRJ E 'I kN' RTAO S011E 7000 N;vP(4 I I alx., CO NUII I CITY CLERK'S CERTIFICATE / q NFAf NSF [ CL lkA 'R K R7 I,S A AID AI:CUYA IF C;IPY Ff HF ANIk A W M All - .u W C ;A 'MIEA 1 C+ f_ ,114 l1 A L T,x O,-LF(j1 INDIA OF LANDS ANNENCL ID FNE ?T LAGNANIF :I IF M+R'H II y( WI LO AoAy jR11NANC.- AN7 I- U T NIT, N ,A 11 COUNTY CLERK AND RECORDER'S CERTIFICATE EXHIBIT 2 a Q F Z a Q x w z z Q r U (n 0 0 d' W Y Q w III ul U Z 0 J 0 0 a ED NO >-i a° 313 Iy 129 IZ 7 BO 0U QZ ❑0 0 UI U D: L3 LL W W F u 7 u 0 a¢ 2 W a0 tl ; 6 a p} Q 2 ¢ F C .Q Z xz¢ O JO n-o ' x ~N W oa z 18 . AN Z aP: Q x 0 0 ~ROJEC' N: fJ13171o94 ]FAWN - FMZ JHBIBNEEl BV: F Z By FMZ SHEET 1/3 BEING PORTIONS OF SECTIONS 19 AND 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE ❑F COLORADO a uo IAA FP P w 1/A " 1 Y l01 ry ~P J( MO Jd •a9 Mp03. '/"W/ -.-TUl 't'otal A rea to be Annexed: YAnrr.1. nv Ivv,n om fn Nm A,.Nr x436, 8o2 S.F. (32.984 acres) G . NA.vw uvl cr¢1m , r.Aaa a Immml C1 Total Area to be Annexed: N N t,436,8o2 S.F. (32.984 acres) L1 p b.'~-s C1 i -n 1 n N _ x ~AeA1c ♦ I 10 VIS ~F. hd IAlu mfb P'` rt S~ . InruNn 0 p, 2 a= rt n d M `wt nnv uxomrx PA'f--9laxPliwl 3 ~g n / ; » F"ULn902W mu w AYAxi fC d 'Yap k M z fiz rt 7 • Nm A YAPT . . m! m . ~ml . .1. ~l moms - I m I West 44th Avenue j ) ! I , ; I _ Im A 1'~ ~ ~ P OP 3F ~ I sm m'r Chi AxaA.,91e,xIml ,Il;l , ~A414 I,~u ' I I I, I~'UTAPAIYf ACI 'OlN it'S! . I ' IW IIEf:N 4111 AY1T1❑:IlP w uYle4[' m,uM Ur. 11 YAIt~ 19?OIm1 IAKK OIIA YA¢f m: ❑PA1RA11(IN ' ' ' NIIIA ARi NOTA P0.%I I N .„r1 a1m1 I I I I 00 ow w`tl ri.raF 1 n rr / - 00,0 1 I r• so on am M 0000 No 20 ON T ! r / Colorado State Highway 58 1 iY Total Area to be Annexed: ' 00 - 4436,8o2 S.F. (32.984 acres) - - 00 Highway 58 Colorado State Highway 58 _ Colorado State ■ - ~I Total Area to be Annexed: t,436,8o2 S.F. (32.984 acres) _ i z 151.,~I 23V ghway 58 Colorado State Hi ( CTse - GW N IY 9.8 1; _ Gtl7 f 1w D9 ,i Wq 1 _ r u1 a 915'15 S' _ _ - 1 „n• ";()LI ! n ~~t OF c,oo 'm"1 of I Arc`m \ - G 0600 n v rlrlssuaa' J. Sf k,~ / S ei t 8 9■mma cae 35EYRO co aav md C46 e41 ~1 f1~X0.. 1'.4BiP~a MY almc9®?9.249 40ty~ 'a~NCyS5 - l _ Yrr n1. I priJe y; r n Ir Lagea ~M Fi-~_ CC+6F OF - L li VV A9 r q ~~G dS ~ y~, ' I: r n sr ~~~-I;~1,r IRIPLATiPDUNfit 1=141)9n' COON9 BRnwIN(I(pAIPANt ~nB=Stltl16.b A' PANtPi.II.YL1i, plfil _ Nbl'APAPT ❑ s❑' 1❑❑' Z❑❑' NORTH SCALE: 1" = 100' (U.9. SURVEY FEET) MAP LEGEND r~. ,s e Q(~J sa.T V , la .A,,~s y IC~Nr - ( L ` ~IV rJe la ~a e 1 a via 1 aAp , ~ ~ ` i rar 1 ~ ~ll ~ tn~~~ W^ I C z I - 1 IA s 4 5111 - 2 m a COMM 3.1 5qwj9 6 HRfi41Y m!IQ " ~ Gh0=5]AII INN rn, a ,a I y lv 9 wA i~ s ~ ~y ~ ~ 1 g t d ~ ~ c a 0 g I4,4B ' " 0. ' _ - kNCA ry1IF L I341,1 . ❑NPIA1'IT'➢G(ll16ANY 1 ml ' ~~Np 1WtISU0. 1.4Pa~AP,.µT C .-ri 1. 4 Ti ,F. R~ /1" `19 I J 51 NI PJL4,~FEll i A,a II4 m LYIjI'NGMY OF 'ANEAI1Ntltlt.'Wl'i ;1,Ipy'IN IN roNC I NG UIY O~ ?,14A' RIIHt LAW, 11' AS s IIR J.'W<_'!II IN f 1' Ni ,i{'tl eNN4 Kt '.CPI I x1NGA" :I', "'JN 19) PARCfI ER Iti1 IINV aNPS SudVff -TCnoN LINE ~ - - - ~ ''N' 1112 6: alllGl ~i9.1"plAriv 99 CLIC ABac1Am a Q f z 0 F Q X W z z Q 0 0 0 L~ r w Y W IL In 0 z 0 ❑ Q C1 a! i10 Q0 3° I 17 > F Iz ZI 00 aZ ❑ U W ILL L, w ¢4 a Im T aG Q w z'¢ L: p1 ¢ u W z 1' Q m z2w 0 DO¢ 0 il¢❑ 00 a X mm W ❑o z ry z Q 010 0 ROd E❑T N: Ua.UU 14 ]RAW. BY: FMZ DESIGNED BY: F Z -ED 9Y: FMZ SHEET 2/3 L001MOS IP K MEN ® AN EXAk-r1CM MAP 1 BEING PORTIONS OF SECTIONS 1 9 AND 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO Total Area to be Annexed: b436,8oa S.F. (32.884 acres) Soso / Igo 1R^ 14 PPMtS~V I 1 L - 1DO'~ pi ne^xL I VI I m I LUT 16 ml =I OT 15 I Total Area to be Annexed: 7,436,8o2 S. F. (3z.984 acres) oa+cA°KCSC~~``%P / 60/.~,.:. _ / - / T L ~ `~I /'0 00 , 00 poll 00,0 00 so '000 00 U~T 27 / 10 00 - ~'llF jmPl A - / / 00 so C Tlmus^Pn IOT 26 r p ~ / -)T 2n i ue N^ A / / 4 a - , t / es _ F~4TM 11 1 I nl 'I >rro`' ~u~^e _ 1 %OT 23 1 1 i LOT 7LOT 6 f/ LOT gp \ - " I LDT 11 ~ ~OT 11 I ' ~I " LOT ! a B \ ~ IT " ~ - - - u^_ .T LOT I In _ ~ N.z9'Dy16 C 25.7?.31 } - W LU'25°i 2Ge?.75'(MI LOT to L IOT iN l MT 11 }tif- Lp~l 141 \ 10T 11 ia ar ~ t Q3` LOT 72 AI~ :9T 11 N 8!,i I I- I I_ I~ I I I ~S c N°~ I ~~2T LT C I I MAP LEGEND ~;!W FWAO. AS NOTEP ATT9 fR1 NrcaP.-, - - - IXISI P...1 fY (F WHEAT 0f)TL ~MIP. I'it 1,Mi OrY Of VMEAT ROD UMIl' L,nUOli; NT1H PROPOSED *jNFXA PdRttL OP LOT LINL - 1_ 05 3LIR11LY SUS IION I N ~ ~ ~ ~ ~ ~ OF Ynl[01 VIOL"F 9i'.!.49Pq - 'ANNCaf T'~i11 A0 ■ u so' 1ao' zoO' NORTH SCALE: 1" = 100' (U.S. SURVEY FEET) T rD C Z UQ C rD C UQO ~ J -1- u S 3 'D X fl C O ~n rC n 0 ~e Q CL 0 T rD f4. cJy N N tD O 0 m 0 N O V EXHIBIT 3 _..,.b_ 0 P Community Development Al 7500 W. 29" Ave. ~ c~ Wheat Ridge, CO 80033 303-235-2846 Sec. 26-204. Zone district use schedule. rvAw.ci.wheatridge.co.us Co~ORAO~ A. The following schedule of permitted and special uses allowed within the various zone districts is hereby adopted and declared to be a part of this code and may be amended in the same manner as any other part of this code. In each zoning district, any uses not expressly permitted (P) or allowed as a special use (S), or as an accessory use (S) shall be deemed to be excluded. The director of community development shall render the final administrative decision concerning the scope, application and meaning of the terms in this section. B. The director of community development has authority to determine that a use not specifically listed as permitted, allowed as a special use or an accessory use should be so permitted or allowed on the basis of its being similar to a listed use, compatible in character and impact with other uses in the zone district, consistent with the intent of the district, and which would not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, or is not hazardous to the health and safety of surrounding areas through danger of fire or explosion. The director's decision may be appealed to the board of adjustment. C. Upon application or on its own initiative, the city council may by ordinance add to the uses listed for a zone district, conforming to the conditions set forth in the following special findings: 1. Such use is appropriate to the general physical and environmental character of the district to which it is proposed to be added, and 2. Such use does not create any more hazard to or alteration of the natural environment than the minimum amount normally resulting from the other uses permitted in the district to which it is added, and 3. Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences or more traffic hazards than the minimum amount normally resulting from the other uses permitted in the district to which it is proposed to be added, and 4. Such use is compatible with the uses existing and permitted in the district to which it is proposed to be added at the time of adoption. Table of Uses--Agricultural and Public Facilities Uses Notes -i -2 PF Bed-and-breakfast Subject to requirements set forth in § 26-608 S S Cemeteries and crematories Not including funeral homes S S Churches parish houses S S Day care home, large S S Day care center, large S S Day care center, small S S Dog kennels, catteries, veterinary hospitals Provided that outside runs which are adjacent to residentially zoned or used property are no closer than 25 feet to a side or rear lot line S S Electric transmission substations S S General farming and raising or keeping of stock, bee keeping, poultry or small animals such as rabbits or chinchillas PROHIBITED in A-1: The raising or keeping of swine INCLUDED in A-2: The keeping of swine and/or potbellied pigs, Sus Scrofa Vittatus, except such animals shall not be fed garbage P P Family foster home P P Fish hatcheries P P Governmental and quasi-govern mental buildings, fire stations and public utility buildings No outside storage P P P Govern mentaf and quasi-govemmental J buildings, fire stations and public utility buildings Outside storage S S S EXHIBIT 4 Uses Notes -1 -2 PF Greenhouses and landscape nurseries, See § 26-624 P P including both wholesale and retail sales of related products One-family dwelling P P Parks Includes noncommercial playgrounds or other public recreation uses P P P Public and private schools, colleges, and In public facility district only public schools S S P universities Public or private golf courses, country Not including a private club which provides service customarily carried on S S clubs or clubs operated for the benefit of as a business members only and not for gain Race track, fairgrounds, amusement S S resorts, heliports, radio towers and stations Residential group homes for 8 or fewer See § 26-612 P P elder) persons Residential group or nursing homes, or See § 26-612 S congregate care facilities for 9 or more elderly persons Residential group homes for children See § 26-612 S Riding academies and public stables Provided that any structure housing animals which is adjacent to a P P residentially zoned or used property shall be no closer than 25 feet to a side or rear lot line Roadside stands for operation for not Provided such stands are located no less than 30 feet from any street, P P more than 6 months per year for the sale highway or right-of-way line, and that temporary off street parking is of farm products produced or made on provided the premises. Wind-powered electric generators not in S S excess of 35 feet. Agricultural Districts Accessory Uses Notes Home occupations Meeting the definition and standards in § 26-613 Detached private garage or carport Household pets, limited to no more than 3 dogs and 4 cats Plus their unweaned offspring Parking equipment, implements, machinery and/or large trucks, trailers and semi-tractor trailers, only when used in support of agricultural operations occurring on the premises Private storage sheds, barns, animal shelters or outbuildings Private swimming, pools and tennis courts See § 26-603 for related requirements Public utility lines and poles, irrigation channels, storm drainage and water supply facilities Includes other similar facilities such as electric transmission lines and poles Public and private communications towers, television or radio antennas Includes other similar communications receiving or sending devices. None may exceed 35 feet in height, whether ground or structurally mounted. For satellite earth receiving stations, see § 26-616 and 26- Rooming and/or boarding for not more than 2 persons On a contract basis for not less than 7 da s Water towers or above ground reservoirs Not in excess of 35 feet Key: P = Permitted Principal Uses S = Special Uses (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--6, 7-28-03; Ord. No. 1313, § 10, 10-27-03; Ord. No. 1322, § 1, 5-10-04; Ord. No. 1348, § 1, 7-11-05) C ity L_0 wheat j dge PLANNING COMMISSION cotomuNin DiviitwmfN' LEGISLATIVE ITEM STAFF REPORT MEETING DATE: February 19, 2009 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO REQUIRE PROOF OF ADEQUATE WATER SUPPLY FOR CERTAIN NEW DEVELOPMENTS CASE NO. ZOA-08-04 ® PUBLIC HEARING ® CODE CHANGE ORDINANCE Case Manager: Kenneth Johnstone, AICP, Director of Community Development Date of Preparation: February 12, 2009 SUMMARY: This proposed zoning code amendment responds to legislation enacted by the Colorado Legislature and approved by the Governor in 2008. Colorado House Bill HB08-1 141 requires that through the development review and approval process, local municipalities make a determination that certain new developments will have an adequate water supply. Notice for this public hearing was provided as required by the Code of Laws. BACKGROUND: Colorado House Bill HB08-1 141 became effective on May 29, 2008. The bill, which applies to the City, concerns the provision of sufficient water supply for new developments. The bill amends Article 20 of Title 29 of the Colorado Revised Statutes. Article 20 pertains to local government regulation of land use. The bill provides that local governments, through their land use approval processes, establish that any new development over a certain size will have sufficient water supply. The size of development that triggers this new requirement is anything over 50 single family equivalent (SFE) dwelling units. The bill establishes three principle ways that an applicant could demonstrate adequate water supply. The bill leaves open to the local government when in their approval process this determination will be made. Local governments are prohibited from approving applications for development permits over 50 SFE unless a determination has been made that they have adequate water supply. After reviewing the new legislation, the City Attorney's office is recommending that the City consider adoption of amendments to Chapter 26 of the Wheat Ridge Code of Laws (Zoning and Development). A September 8, 2008 memo from the City Attorney's office is attached for additional discussion and backin-ound. The City Attorney's memorandum, along with a draft ordinance, was presented at a City Council study 7.OA-08-04/Proof of Adequate Water Supply I session on December 1, 2008. Council supported moving forward with an ordinance. They also directed that the ordinance be slightly amended to clarify the City's expectations as to what constitutes adequate water supply. Specifically, it was Council direction to ensure that the water supply proposed would be provided from an established water supply provider. The intent was to avoid the potential risk of having a development propose an unproven water supply delivery system or potentially an entirely new water supply entity or system created specifically for one new development. Consistent with City Council's direction and the new State legislation, the attached ordinance would amend Section 26-103 of the Wheat Ridge Code of Laws. As with all amendments to Chapter 26 (Zoning and Development), it requires review by the Planning Commission at a public hearing, with the Commission's recommendation then forwarded to City Council for consideration. Following is a summary of the highlights of the proposed ordinance. The requirement to demonstrate the adequacy of water supply must be met in conjunction with the earliest development application in the City's zoning and development processes. Often that would he at the time of rezoning of property, such a as a request to rezone to Planned Residential Development. If the property already has appropriate zoning, then the request would typically be met at the time of subdivision plat. The ordinance requires that the development will be served by an existing water supply entity that has been operating within the City for not less than 10 years. The ordinance allows the City to request a letter from the State Engineer commenting on the applicant's documentation. The Cit-v could also request verification as to whether the applicant has paid fees to the water supply entity for the purpose of acquiring additional water rights or building additional water supply infrastructure. RECONENIENDED MOTION: "I move to recommend approval of the proposed ordinance amending Chapter 26 of the Code of Laws to require that certain development applications provide proofofadequate water supply." Exhibits: Proposed Ordinance Memo from City Attorney dated September 8, 2008 ZOA-08-04/Proof of Adequate Water Supply CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2009 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO REQUIRE PROOF OF ADEQUATE WATER SUPPLY FOR CERTAIN NEW DEVELOPMENTS WHEREAS, the purpose and intent of Chapter 26 of the Wheat Ridge Code of Laws is, in part, to facilitate adequate provision for water; sewage, schools, parks and other public improvements; and WHEREAS, H.B. 08-1141, which became effective on May 29, 2008, requires local governments to require the applicant to provide proof of sufficient water supply before approving any new development that includes a new water use in excess of that used by fifty single-family equivalents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-103 of the Wheat Ridge Code of Laws, entitled "Site development review process," is hereby amended by the addition of a new subsection E, which shall read as follows: 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. Effective Date. This Ordinance shall take effect fifteen 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 , 200_, 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 , 200, 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 day of 1200. _SIGNED by the Mayor on this day of , 200_. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: 2 I'A URRE%.Y D x~ H G_. K U E 0 1-4 E N m E: j TER 16 iEh~G1 LLP MEMORANDUM TO: Ken Johnstone, Director of Community Development FROM: Gerald E. Dahl, Debra S. Kalish, City Attorney's Office DATE: September 8, 2008 RE: HB 08-1141 concerning proof of adequate water supply for new development On May 29, 2008, HB 08-1141, became effective. The bill, which applies to the City, concerns sufficient water supplies for land use approval. This memorandum summarizes the contents of that bill and makes suggestions for changes to the City's Code of Laws to incorporate the new statutory requirement. Article 20 of Title 29 empowers local governments to regulate land use. For context, some of the more familiar sections include provisions for impact fees (29-20-104.5), intergovernmental cooperation (29-20-1-5). The bill amends Article 20 in two important ways: The bill amends the definition of "development permit," which now reads: (1) "Development permit" means any preliminary or final approval of an application for rezoning, planned unit development, conditional or special use permit, subdivision, development or site plan, or similar application for new construction. EXCEPT THAT, FOR PURPOSES OF PART 3 OF THIS ARTICLE, "DEVELOPMENT PERMIT" IS LIMITED TO AN APPLICATION REGARDING A SPECIFIC PROJECT THAT INCLUDES NEW WATER USE IN AN AMOUNT MORE THAN THAT USED BY FIFTY SINGLE- FAMILY EQUIVALENTS, OR FEWER AS DETERMINED BY THE LOCAL GOVERNMENT. When, in the newly added part 3, the term "development permit" is used, it applies only to those applications for permits for development which will require new water use in excess of 50 single-family equivalents ("SFE"). Memo: HB 1141: proof of adequate water supply for new development September 8, 2008 Page 2 of 4 2. The bill adds the new part 3 (that is, Sections 29-20-301 through 29-20- 306). Briefly, these sections do the following: Section 29-20-302, Definitions, provides that "adequate" means a water supply that will be sufficient for build-out of the proposed development in terms of water quality, quantity, dependability, and availability. This may include reasonable conservation measures and water demand management. "Water supply entity" means municipalities, counties, special districts, water conservancy districts, and water authorities or other public or private water supply company that supplies, distributes or otherwise provides water at retail. Section 29-20-303 prohibits local governments from approving an application for a development permit (and remember in this section that means if the project would use water in excess of that used by 50 SFE) unless the local government determines, in its sole discretion and after reviewing all information provided, that the applicant has satisfactorily demonstrated that the proposed water supply will be adequate. The local government only has to make this determination once, unless the project changes such that the water demands or supply are materially changed. The local government can decide when in the process this determination should be made. This section does not require that the applicant own or have acquired the proposed water supply or constructed the necessary infrastructure at the time of the application. Section 29-20-304 provides three ways for an applicant to prove an adequate water supply. 1. The applicant may provide the following information: • An estimate of the water supply required for the proposed development at build-out; • A description of the physical source of the water supply; • An estimate of the amount of water yield projected from the proposed water supply under various hydrologic conditions; • Water conservation measures that will be employed in the development, if any • Water demand management measures, if any, that may be implemented within the development to account for hydrologic variability; and • Any other information required by the local government. 2. If the development will be served by a water supply entity, the local government may allow the applicant to submit a letter from a registered professional Memo: HB 1141: proof of adequate water supply for new development September 8, 2008 Page 3 of 4 engineer or by a water supply expert from the water supply entity stating whether it is willing to commit and its ability to provide an adequate supply of water for the development. At a minimum, the letter must also include the same information as listed in the bullet points above. 3. A third alternative is to provide a letter from a water supply entity that has a water supply plan that • has been reviewed and updated within the previous ten years by the governing body of the water supply entity; • has a 20-year planning horizon • lists the water conservation measures that may be implemented within the service area; • lists the water demand management measures that may be implemented within the development • includes a general description of the water supply entity's water obligations; • includes and general description of the water supply entity's water supplies; and • is on file with the local government. The basis for a local government determining that the water supply is adequate is detailed in Section 29-20-305. This includes: 1. the information required by Section 29-20-304; 2. if requested by the local government, a letter from the state engineer commenting on the documentation required by Section 29-20-304; 3. whether the applicant has paid a fee or charge to a water supply entity for the purpose of acquiring water for or expanding or constructing the infrastructure to serve the proposed development; and 4. any other information deemed relevant by the local government, including any information required to be submitted by the applicant pursuant to the local governments land use regulations or state statutes. Recommendation Chapter 26 of the Code of Laws references water supply in 3 places: • Section 26-102 states that the "intent and purpose of the zoning code of the City of Wheat Ridge is ...to facilitate adequate provision for water, sewage, schools, parks and other public improvements; • Section 26-112, Private rezoning, subsection C.4. e. requires that all applications for rezoning shall be accompanied by written information and Memo: HB 1141: proof of adequate water supply for new development September 8, 2008 Page 4 of 4 shall include: present and future effect on public facilities and services, such as fire, police, water, sanitation, roadways, parks, schools, etc. • Section 26-412, Required subdivision improvements, subsection D., provides that "All lots shall be served by public water and sanitary sewer lines through the appropriate district." These ordinances do suggest that the City will review a development's impact on water supply and that developers must ensure adequate water supply for their developments. However, they are limited to the private rezoning and subdivision processes and do not reach the level of specificity required by the bill. Because this statute concerns an area generally considered to be a matter of local concern rather than state concern, the City, as a home rule municipality, could argue that it has already addressed the matter and that the statute does not govern it. However, the legislative declaration in Section 2 of the bill, the general assembly states- while land use and development approvals decisions are matters of local concern, the enactment of this Part 3, to help ensure the adequacy of water for new developments, is a matter of statewide concern and necessary for the preservation of public health, safety and welfare and the environment of Colorado. While it is true that a simple declaration by the general assembly does not make a local matter a matter of statewide concern, this declaration does make the City's argument less powerful. As a result, we recommend that the City adopt a new requirement that would apply to each of the land use approvals listed in the bill (rezoning, PUD, condition or special use permit, subdivision, site plan or similar process). We propose drafting a fairly simple ordinance that would require a letter from the serving water district, as is permitted pursuant to Section 29-20-304(2). When you have had a chance to review the matter, please give us a call to discuss how to best proceed. City of W heat idge COMMUNITY D[VI:101'MIN r Memorandum TO: Planning Commission FROM: Jeff Hirt, Planner II DATE: February 13, 2009 SUBJECT: Residential Development Standards Joint Study Session At recent Planning Commission public hearings the idea of having a joint study session with the Board of Adjustment regarding residential development standards met a favorable response. At their most recent public hearing, members of the Board of Adjustment also expressed interest in attending such a meeting. Development standards under consideration for zoning code amendments include such items as building setbacks, height, and lot coverage in the various residential zone districts. Staff has scheduled this study session for Thursday, March 5 at 7 p.m. as part of the Planning Commission's normally scheduled meeting. Members of the Board of Adjustment will be invited to attend. Staff will be distributing inforination prior to the meeting to both the Planning Commission and Board of Adjustment to facilitate the discussion.