HomeMy WebLinkAboutCity Council Agenda Packet 04/28/2014CITY COUNCIL AGENDA: April 28, 2014 Page -2-
PUBLIC HEARINGS AND ORDINANCES ON SECONG READING
£. Council Bill No. 02-2014-An Ordinance Amending Chapter 26 of the Wheat Ridge
Code of Laws concerning the Subdivision Regulations and making certain related
Amendments to Chapters 2 and 5 in association therewith (Case No. ZOA-14-01)
~ Council Bill No . 03-2014-An Ordinance amending Section 26-109 of Chapter 26 of
the Wheat Ridge Code of Laws , concerning Public Noticing Requirements (Case No .
ZOA-14-02)
4. Resolution No. 26-2014-approving a second amendment to the 1-70/Kipling Corridors
Urban Renewal Plan to allow for the Utilization of Tax Increment Financing
DECISIONS, RESOLUTIONS AND MOTIONS
~ Motion to approve the Neighborhood Traffic Management Plan (NTMP) dated April 28,
2014
6. Resolution No. 27-2014-amending the Fiscal Year 2014 Capital Improvement
Program Budget reflecting the approval of a Supplemental Budget Appropriation in the
amount of $76,074 .83 for the Clear Creek Crossing Environmental Assessment
Reevaluation and awarding a contract to Parsons Brinckerhoff
L Motion to award RFB-14-14, 2014 Annual Computer requirements to JPK Micro
Supply, Inc., Industry, CAin the amount of $38,000 for the replacement of 50
computers
~ Motion approving the revised Council Rules of Order and Procedure dated April 28,
2014
~ Motion to appoint Nancy Snow to the Election Commission, term to expire December
12,2015
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
City Council Minutes April14, 2014 Page 2
CITIZENS' RIGHT TO SPEAK
Greg Mular of the Wheat Ridge Fire Department spoke about the upcoming mill levy
election.
• The 2010 mill levy was based on a volunteer model and was to be used for
capital expenditures . Community needs led to a model with more paid staff and
the money went for that instead. Capital improvements were deferred.
• The proposed mill levy increase will be used for general operating expenses,
capital improvements , replacing apparatus, and building up reserves for possible
economic hard times.
• The request is for a 5 mil increase-from 7.5 to 12.5 mils. On a $250,000 house
it would be $8 .29 a month.
• WR has the lowest mill levy of any surrounding departments.
• Without this mill levy operational staff will be laid off, and possible loss of
apparatus, closure of a station, reduced services and increased response times.
• Ballots have been sent out. Mail them back or bring them to the Fire Station at
3880 Upham by May 6th. He encouraged voters to vote "yes" on Issue A.
• For Board nominees the local supports incumbents Kent Johnson and Jim
Johnson and new nominee, Monica Duran.
Joan Blanchard (WR) spoke about the beautification of 38th Avenue --needed and
long overdue. She said the traffic isn't so bad - it's a long, quiet stream of commuters
that are not shoppers. There are also fewer cars on 38th now because they're rerouting
to residential streets, but the increased volume and speed on residential streets is
dangerous and intersections are treacherous for pedestrians and difficult for cars. It
would be wise if the plans for 381h Avenue were like Olde Town Arvada , Golden and the
Highlands because they are all entirely different situations .
Vivian Vos (WR) read a letter from Laszlo and Ava Nagy (WR) who both own property
on 38th Avenue . They are strongly opposed to what is being proposed for 38th Avenue.
They believe private investment on 38th is what's making it a destination -not the road
diet or the plan for wider sidewalks. They don't support tax dollars being spent for
things like Christmas lights and hanging baskets ; that's the responsibility of the
businesses. They believe a proposal of this magnitude (several million dollars) should
be put to the voters. -Ms . Vos also expressed her agreement that the 38th Avenue
project should go to a vote of the people before any more effort and money is spent.
Kim Calomino (WR) thanked the Council, Mayor and city staff for the good Town Hall
Meeting . She encouraged Council to have these kinds of forums more frequently so
that public dialog can take place. Not everyone agrees, but only through frank, honest
dialog can we get to a place where Council can guide our decisions . Council should be
honest and above board with each other too and not hold anything back . We are all just
City Council Minutes April 14, 2014 Page 3
citizens-not special interest groups. We don't all agree, but the dialog is important.
She thanked staff for spending their evening to provide us with information.
APPROVALOFAGENDA
~ CONSENT AGENDA
a. Resolution 25-2014-approving the Intergovernmental Agreement of the
Colorado Information Sharing Consortium
[Statewide sharing of law enforcement information (COPLINK). Updates
to the IGA include creating an executive director position, recognizing
node consolidation, and entering into information sharing agreements with
out-of-state jurisdictions. No financial impact.]
b. Motion to approve the annual support and licensing renewal for the Cartegraph
System in the amount of $44,290 to Cartegraph, Inc.
[Budgeted item; necessary to maintain the software for the City. All-
inclusive for licensing and technical support services to include software
upgrades, bug fixes and patches, and tech support for implementation.]
c. Motion to award the purchase of 15 Mobile Data Computer (MDC) Replacements
to Counter Trade Products, Inc. in the amount of $50,385
[Budgeted item; annual scheduled replacement for patrol car computers.]
Councilmember Wooden introduced the Consent Agenda and read the titles.
Motion by Councilmember Wooden to approve the consent agenda; seconded by
Councilmember Starker; carried 8-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Council Bill No. 01-2014-An Ordinance approving the rezoning of property
located at 6405-6409 W. 441h Ave. from Restricted Commercial (RC) to mixed
Use-Neighborhood (MU-N) (Case NO. WZ-14-01/Lombardi)
Councilmember Urban introduced Council Bill No. 01-2014 .
Mayor Jay opened the public hearing.
Meredith Reckert City Planner began the staff presentation . She entered into the
record the comprehensive plan, zoning ordinance, case file and packet material,
and the contents of the digital presentation. She noted that all notice, publishing
and posting requirements have been met.
Mayor Jay swore in the speakers for the hearing .
Clerk Shaver assigned Ordinance 1545.
City Council Minutes April 14, 2014 Page4
Ms. Reckert continued. The three parcels house two buildings which are
currently antique stores. Surrounding uses are a mix of residential and
commercial zoning and uses. The allowed uses in RC and MU-N zones are
similar, but RC does not allow residential use and all uses have a maximum
height of 50'. MU-N does allow residential and height limits are 35' for residential
and 50' for commercial. The owner has no current plans to enlarge the buildings
or redevelop the property, but is looking for a bit more entitlement and flexibility
for the future. The routine rezoning process has been followed. Three people
came to the neighborhood meeting; no opposition was expressed . All agencies
can serve the property. The Planning Commission recommends approval and
there was no negative testimony at that public hearing . Any future redevelopment
would go through a site plan process and be reviewed by the staff. The criteria
for zone change approval supports this request.
The applicant was present but had nothing to add .
Mayor Jay closed the public hearing.
Motion by Councilmember Urban to approve Council Bill No . 01-2014 . an ordinance
approving the rezoning of property located at 6405-6409 W. 44th Avenue from
Restricted Commercial (RC) to Mixed Use Neighborhood (MU-N) on second reading
and that it take effect 15 days after final publication, for the following reasons:
1. City Council has conducted a proper public hearing meeting all public notice
requirements as required by Section 26-109 of the Code of Laws.
2. The requested rezoning has been reviewed by the Planning Commission , which
has forwarded its recommendation.
3. The requested rezoning has been found to comply with the "criteria for review" in
Section 26-112-E of the Code of Laws.
seconded by Councilmember DiTullio; carried 8-0
ORDINANCES ON FIRST READING
3. Council Bill No. 02-2014-An Ordinance Amending Chapter 26 of the Wheat
Ridge Code of Laws concerning the Subdivision Regulations and making certain
related Amendments to Chapters 2 and 5 in association therewith (Case No .
ZOA-14-01)
Councilmember Starker introduced Council Bill No. 02-2014
The ordinance addresses these central goals:
• To simplify the subdivision review process
• To provide more clear and contemporary design standards
• To establish consistent and defensible dedication and public improvement
requirements
• To improve clarity and organizations within the zoning code
City Council Minutes April14, 2014 Page 5
Motion by Councilmember Starker to approve Council Bill No. 02-2014, an ordinance
amending Chapter 26 of the Wheat Ridge Code of Laws concerning the subdivision
regulations and making certain related amendments to Chapters 2 and 5 in association
therewith, on first reading, order it published, public hearing set for Monday. April 28.
2014 at 7:00p.m. in City Council Chambers, and that it take effect 15 days after final
publication; seconded by Councilmember DiTullio; carried 8-0
4. Council Bill No. 03-2014-An Ordinance amending Section 26-109 of Chapter
26 of the Wheat Ridge Code of Laws, concerning Public Noticing Requirements
(Case No . ZOA-14-02)
Councilmember Fitzgerald introduced Council Bill No. 03-2014
This ordinance:
• Eliminates the requirement to use certified mailing for letter notice, which will
increase the likelihood of delivery and save money.
• Clarifies posting and publishing requirements to reflect current practice and
rectify inconsistent language.
Motion by Councilmember Fitzgerald to approve Council Bill No. 03-2014, an ordinance
amending Section 26-1 09 of Chapter 26 of the Wheat Ridge Code of Laws, concerning
public noticing requirements, on first reading, order it published, public hearing set for
Monday. April 28. 2014 at 7:00 p.m. in City Council Chambers, and that it take effect 15
days after final publication; seconded by Councilmember Starker; carried 8-0
DECISIONS. RESOLUTIONS AND MOTIONS
~ Resolution 22-2014-amending the Fiscal Year 2014 General Fund Budget to
reflect the approval of a Supplemental Budget Appropriation for the purposes of
funding the expansion of the Seniors' Resource Center Circulator Bus Service in
the Amount of $12,000
Councilmember DiTullio introduced Resolution 22-2014. $30,000 is in the budget for
this service. This resolution would appropriate an additional $12,000 to expand
services .
Motion by Councilmember DiTullio to approve Resolution No. 22-2014, a resolution
amending the fiscal year 2014 General Fund budget to reflect the approval of a
supplemental budget appropriation for the purposes of funding the expansion of the
Seniors' Resource Center circulator bus service in the amount of $12,000; seconded by
Councilmember Urban;
Motion by Councilmember Starker to amend the main motion as follows: strike the
words " ... the expansion of the Seniors' resource Center circulator bus service ... " and
replace this with the words " ... a contract employee for the Wheat Ridge Historical
society ... "; seconded by Councilmember Fitzgerald .
City Council Minutes April 14, 2014 Page 6
There was discussion on the amendment.
John Zabawa, President and CEO of the Seniors Resource Center, thanked Council
and Mayor Jay for their support of the Center and their commitment to the seniors of
Wheat Ridge.
• He spoke to the high and growing concentration of seniors in Wheat Ridge .
• He commended the City for its vision and foresight in creating this shuttle service
as it is so helpful for those who have no means of transportation.
• He told of the partnership between the SRC, Jewish Services and Jefferson
Center for Mental Health . They're in the process of having community meetings
with seniors to make them aware of all the services and resources available to
them. Transportation is a top need for older citizens that is expected to climb.
Hank Braaksma, director of the SRC transportation, provided some details about
current transportation services. The extra $12,000 will increase the service from six to
eight hours per week .
Council questions brought out the following:
• Money from the NORC grant will be used for others transportation services -not
the circulator bus.
The SRC does solicit donations from riders, as required by the Older Americans
Act, and they advertise that in multiple ways.
• The SRC brings in a higher level of donations than any community provider in the
area. Riders are made aware of the costs of providing rides.
• The circulator bus only picks up at certain locations and takes the riders to shop
in Wheat Ridge. It's not the only transportation service that the SRC provides.
• $4.9 million is in the City's unallocated reserve fund.
Council comments followed.
The amendment failed 3-5 with Councilmembers Wooden, Langworthy, Pond, Urban,
and DiTullio voting no.
Discussion of the merits of the main motion continued.
The main motion failed 3-5 with Councilmembers Wooden, Langworthy, Fitzgerald,
Pond and Davis voting no.
6. Resolution 21-2014-amending the Fiscal Year 2014 General Fund Budget to
reflect the approval of a Supplemental Budget Appropriation in an amount not to
exceed $1.5 Million to pay down a Renewal Wheat Ridge Loan for the property
at Town Center North
Councilmember Davis introduced Resolution 21-2014
City Council Minutes April14, 2014 Page 7
• Staff has negotiated with First Bank to reduce the principal and interest on the
loan by paying down the loan with funds the bank holds as security for the loan.
• The supplemental appropriation will come from General Fund restricted reserves
and will not impact the City's minimum reserve policy of 17%.
• The balance on the new loan will not require cash security from the City.
• Urban Renewal will continue the debt service payments until the property is sold.
• The loan payment is due tomorrow.
Motion by Councilmember Davis to approve Resolution No. 21-2014, a resolution
amending the fiscal year 2014 general fund budget to reflect the approval of a
supplemental budget appropriation in an amount not to exceed $1.5 million to pay down
a Renewal Wheat Ridge loan for the property at Town Center North; seconded by
Councilmember DiTullio; carried 8-0
7. Resolution 23-2014-concerning the proposed redevelopment at the southwest
corner of West 38 1h Avenue and Kipling St. and the proposed incurrence of a
loan by the Wheat Ridge Urban Renewal Authority to be secured by certain Tax
Increment Revenues generated by the project; declaring the City Council's
present intent to appropriate funds to replenish the reserve fund securing such
loan, if necessary; and authorizing a Redevelopment Agreement, a Cooperation
Agreement and other related actions in connection with
Councilmember Davis introduced Resolution 23-2014
Motion by Councilmember Davis to approve Resolution No . 23-2014-A resolution
concerning the proposed redevelopment at the southwest corner of West 38th Avenue
and Kipling Street, and the proposed incurrence of a loan by the Wheat Ridge Urban
Renewal Authority to be secured by certain tax increment revenues generated by the
project; declaring the City Council's present intent to appropriate funds to replenish the
reserve fund securing such loan, if necessary; and authorizing a Redevelopment
Agreement, a Cooperation Agreement and other related actions in connection with;
seconded by Councilmember DiTullio;
Mr. Goff explained the resolution approves a development agreement with MVG.
The project at 38 1h and Kipling will include Sprouts and a 64 unit senior care facility.
• The agreement provides an economic incentive package of $3 million, which
includes a $1 million direct cash contribution from the City's reserves and a $2.6
million loan by Urban Renewal which nets $2 million.
• The agreement also sets up tax increment financing to that new property and
sales taxes can be used to pay down the loan that Urban Renewal obtains.
• The loan term is 10 years, but it's expected that excess revenue will be able to
pay off the loan sooner.
• A reserve fund will be established to pay debt service if revenues are ever
insufficient.
Mr. Goff introduced the representatives from MVG and the City's bond counsel.
City Council Minutes April 14, 2014 Page 8
Motion carried 8-0.
8. Resolution 24-2014-amending the 2014 Fiscal Year General Fund Budget to
reflect the approval of a Supplemental Budget Appropriation in an amount not to
exceed $1.0 Million for the purposes of funding Public Improvements in
association with the Redevelopment of the southwest corner of West 38th Ave .
and Kipling St.
Councilmember Pond introduced Resolution 24-2014
Motion by Councilmember Pond to approve Resolution No. 24-2014-A resolution
amending the 2014 fiscal year General Fund budget reflecting the approval of a
supplemental budget appropriation in an amount not to exceed $1.0 million for the
purposes of funding public improvements in association with the redevelopment of the
southwest corner of West 38th Avenue and Kipling Street; seconded by Councilmember
Starker.
This appropriates the City's $1 million contribution referenced in Agenda Item 7.
There was no discussion . H. McNeish, director of planning with MVG reported that the
project is tracking on schedule.
Motion carried 8-0.
~ Reconsideration of appointment to the Planning Commission, District IV
Councilmember Langworthy introduced agenda item 9.
City Attorney Dahl explained the steps necessary to rescind the appointment.
Motion by Councilmember Langworthy to reconsider the appointment of Lisa
Hollenbeck to the Planning Commission; seconded by Councilmember Pond; carried 7-
1, with Councilmember DiTullio voting no.
Motion by Councilmember Langworthy to rescind the appointment of Lisa Hollenbeck to
the Planning Commission; seconded by Councilmember Wooden; carried 7-1, with
Councilmember DiTullio voting no.
Motion by Councilmember Langworthy tore-advertise for applicants for membership on
the Planning Commission from District IV; seconded by Councilmember Wooden.
Motion substituted by Councilmember DiTullio to appoint Ray Maes to the Planning
Commission representing District IV; seconded by Councilmember Urban.
City Council Minutes April14, 2014 Page 9
Discussion followed.
Attorney Dahl advised that code requires Council to appoint from the District unless
there is no applicant from that District. Eight members are to be appointed with equal
representation from the Districts. Council can decline to appoint someone and re-
advertise, but the position shouldn't be left vacant forever.
Motion to appoint Ray Maes failed 2-6, with Councilmembers Wooden, Langworthy,
Fitzgerald, Pond, Davis and Starker voting no.
Further discussion ensued.
The motion to re-advertise for applicants carried 6-2, with Councilmembers Urban and
DiTullio voting no.
CITY MANAGER'S MATTERS
Mr. Goff announced new hours for the Building Division effective May 5. New hours will
be 7am -4pm which is more accommodating to the building trades. They've already
gotten positive feedback on it. -He alerted folks to the Early Warning siren testing they
will hear this coming Wednesday morning at 11 am. -He also announced that the
Arvada Community Food Bank is expanding its service to include all of Wheat Ridge.
CITY ATTORNEY'S MATTERS nothing
CITY CLERK'S MATTERS nothing
ELECTED OFFICIALS' MATTERS
Jerry DiTullio reminded folks to mail in their Fire District ballots or bring them to the fire
station at 3880 Upham by May 6. Don't bring them to City Hall.-He inquired of Mr.
Dahl when the Council Rules will be coming forward; Mr. Dahl said it's on the agenda
for the next study session. -He asked when the International Property Maintenance
code will be coming. Mr. Goff will find out. -He inquired about code changes on sales
tax review. Mr. Dahl reported the sales tax division has put together a list of 10 possible
code changes for streamlining. It's in the review process and will be coming to Council.
-He noted the Housing Authority board members would like to have a joint study
session with the Council to discuss Fruitdale School. -He asked if the proposed
resolution for eating and living well included any financial obligations or social
engineering elements. Genevieve Wooden said the resolution isn't developed yet, but
at this point, no. She said the purpose is for future planning such as streets and access
to healthy foods. -Mayor Jay said receiving the designation as a healthful city will be
beneficial for promoting the City and the elements are already in place. -Genevieve
said there's no cost for the designation and the elements addressed are healthy eating,
living/exercise and workplace. Transportation is only referenced in a general way.
Council Action Form
April 28 , 2014
Page 2
FINANCIAL IMPACT:
Given the short duration of the moratorium , no significant financial impact is projected.
BACKGROUND:
As authorized by the Colorado Constitution (Amendments 20 and 64, concerning medical and
retail marijuana, respectively) and implementing state law (the Colorado Medical Marijuana
Code and the Colorado Retail Marijuana Code), the City has adopted regulations imposing local
restrictions on both medical and retail marijuana establishments.
These local restrictions include locational requirements, authorizing location of marijuana
establishments only in certain zone districts and imposing distance requirements in some
instances. Current regulations prohibit the location of a medical marijuana center or a retail
marijuana store within I ,000 feet of a school, child care facility, alcohol/drug treatment facility
or higher education campus. Additionally, medical marijuana centers and retail marijuana stores
may not generally locate within % of a mile of one another. Centers and stores are the only
marijuana establishments authorized by law to offer marijuana for sale to the public (patients , in
the case of medical marijuana).
Existing code does not impose similar distance limitations on marijuana establishments engaged
in the business of testing marijuana or manufacturing marijuana products. Marijuana products
include edible products , ointments and tinctures. City staff has recommended that the Council
review the City's existing regulations on this topic and in regard to zoning and land use related to
manufacturing and testing facilities . The temporary moratorium imposed by this ordinance
would prohibit the acceptance of new applications and the future processing of pending
applications for manufacturing and testing facilities while the Council conducts this review.
OPTIONS FOR COUNCIL ACTION:
I. Approve the ordinance as presented; or
2. Decline to approve the ordinance; decline to impose any moratorium.
RECOMMENDED MOTION:
"I move to approve the Emergency Ordinance imposing a temporary moratorium on the
submission, acceptance, processing, and approval of applications for a land use approval , permit
or license for any medical marijuana-infused products manufacturer, retail marijuana products
manufacturer or retail marijuana testing facility and declaring an emergency, order it published ,
and that it take effect immediately."
Or,
"I move to postpone indefinitely the ordinance imposing a temporary moratorium on the
submission, acceptance, processing, and approval of applications for a land use approval ,
permit or license for any medical marijuana-infused products manufacturer, retail
marijuana products manufacturer or retail marijuana testing facility and declaring an
emergency, for the following reason(s) "
Council Action Form
April 28, 2014
Page 3
REPORT PREPARED/REVIEWED BY;
Gerald E. Dahl, City Attorney
Patrick Goff, City Manager
ATTACHMENTS:
I. Ordinance
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER ___ _
Ordinance No. ___ _
Series 2014
TITLE: AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE
SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF
APPLICATIONS FOR A LAND USE APPROVAL, PERMIT OR LICENSE
FOR ANY MEDICAL MARIJUANA-INFUSED PRODUCTS
MANUFACTURER, RETAIL MARIJUANA PRODUCTS MANUFACTURER
OR RETAIL MARIJUANA TESTING FACILITY AND DECLARING AN
EMERGENCY
WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality
operating under a charter adopted pursuant to Article XX of the Colorado Constitution
and vested with the authority by that article and the Colorado Revised Statutes to adopt
ordinances for the regulation of land use and the protection of the public health, safety
and welfare; and
WHEREAS, pursuant to the authority granted by Section 14, Article XVIII of the
Colorado Constitution and the Colorado Medical Marijuana Code, Article 43.3, Title 12,
C.R.S., the Wheat Ridge City Council ("Council") previously adopted local regulations
governing medical marijuana establishments; and
WHEREAS, pursuant to the authority granted by Section 16, Article XVIII of the
Colorado Constitution and the Colorado Retail Marijuana Code, Article 43.4, Title 12,
C.R.S., the Council previously adopted local regulations governing retail marijuana
establishments; and
WHEREAS, pursuant to such local regulations, medical marijuana-infused
products manufacturers, retail marijuana products manufacturers and retail marijuana
testing facilities may locate within the City upon satisfaction of all state and local
requirements applicable to each type of establishment, respectively; and
WHEREAS, based on its experience in administering the City's local regulations
applicable to manufacturers and testing facilities, City staff has recommended that the
Council evaluate the appropriateness of such regulations, particularly in regard to
locational requirements, potential land use impacts and zoning issues generally; and
WHEREAS, the Council finds that such an evaluation is desirable and
appropriate in order to ensure that manufacturers and testing facilities are located only
in locations that are consistent with the intent and purpose of the City's comprehensive
plans, land use code, compatible with surrounding uses and otherwise in furtherance of
the public health, safety and welfare; and
WHEREAS, the Council further finds that it is necessary to impose a temporary
moratorium on the submission, acceptance, processing, and approval of applications for
any land use approval, permit or license for medical marijuana-infused products
manufacturers, retail marijuana products manufacturers and retail marijuana testing
facilities while the Council conducts its review of current regulations governing the same
in order to prevent the location of any such establishment that is contrary to the City's
comprehensive plans, land use code, incompatible with surrounding uses or otherwise
detrimental to the public health, safety and welfare; and
WHEREAS, the imposition of a ninety (90) day moratorium on the submission,
acceptance, processing, and approval of all applications for City land use approvals,
permits and licenses concerning the operation of medical marijuana-infused products
manufacturers, retail marijuana products manufacturers and retail marijuana testing
facilities is reasonable and will allow the Council to review, evaluate and amend, if
needed, its regulations concerning the same.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Findings. The above and foregoing findings are hereby incorporated
by this reference as specific findings and determinations of the Council.
Section 2. Temporary Moratorium. A temporary moratorium is hereby
imposed on the submission, acceptance, processing, and approval of any application
for a City land use approval, permit or license for any medical marijuana-infused
products manufacturer, retail marijuana products manufacturer or retail marijuana
testing facility. The City staff is directed to refuse to accept for filing, and not to further
process or review any pending application for such establishments during the
moratorium period.
Section 3. Duration. The moratorium imposed by this ordinance shall
commence as of the date of adoption of this ordinance and shall expire on the ninety-
first (91 51 ) day thereafter.
Section 4. Staff to Investigate and Prepare Proposed Regulations. Before the
expiration of the moratorium imposed by this ordinance, City staff shall review and
analyze the City's existing regulations governing medical marijuana-infused products
manufacturers, retail marijuana products manufacturers and retail marijuana testing
facilities in relation to locational requirements, potential land use impacts and zoning
issues generally. Staff is further directed to investigate and evaluate potential new City
regulations concerning the same. This review, investigation and analysis shall be
presented to the Council for consideration. The Council declares that it will give due
and timely consideration to those recommendations.
Section 5. Emergency Declared; Effective Date. Pursuant to Section 5.13 of the
Wheat Ridge Home Rule Charter, the City Council hereby finds, determines and
declares that an emergency exists and that this ordinance is necessary for the
immediate preservation of public property, health, welfare, peace or safety in order to
prevent the future location of manufacturing and testing facilities in the City at locations
2
that may be inconsistent with the intent and purpose of the City's comprehensive plans,
land use code, incompatible with surrounding uses or otherwise detrimental to the
public health, safety and welfare, while the Council undertakes an evaluation of the
City's existing regulations concerning the same. The Council finds that the moratorium
enacted hereby is reasonable in duration and does not work an undue hardship on
current or future applicants that may be affected hereby. This ordinance shall be
effective immediately upon its adoption.
INTRODUCED, READ, AND ADOPTED AS AN EMERGENCY MEASURE on
first reading by a vote of_ to _on this __ day of , 2014, and
ordered published in full in a newspaper of general circulation in the City of Wheat
Ridge within ten (10) days after passage, or as soon thereafter as possible.
SIGNED by the Mayor on this __ day of _____ , 2014 .
ATTEST:
Janelle Shaver, City Clerk
Publication:
Wheat Ridge Transcript
Effective Date:
Joyce Jay, Mayor
Approved as to Form
Gerald E. Dahl, City Attorney
3
Council Action Form
April 28, 2014
Page2
FINANCIAL IMPACT:
The proposed ordinance is not expected to have a notable financial impact on the City. The
procedural changes may result in shorter review times for some applications and therefore less
staff time.
BACKGROUND:
A subdivision entails the creation or reconfiguration oflots, tracts, or parcels for the purpose of
sale or development. Subdivisions are considered quasi-judicial, land-use applications, but
unlike zoning, over which the City has broad discretion, a subdivision application is a technical
document that, to a large extent, is non-discretionary in nature.
Subdivision approvals do not change zoning or pennitted uses, and do not address development
design. Instead, subdivision regulations prepare land for development. A plat defines property
lines , establishes rights-of-way, and delineates easements. In the case of Wheat Ridge much of
this occurs within an infill or redevelopment context, so the proposed amendment seeks to align
the City's regulatory environment with these physical realities.
The proposed ordinance provides simplified review procedures, more administrative review,
clear design standards, uniform and defensible exactions and fees, and improved organization.
Below is a summary of the three central amendments that are proposed ; these relate to
subdivision review, parkland dedication, and public improvements.
Subdivision Review
The proposed ordinance features a simplified classification of subdivisions with more
administrative review. Based on feedback from the Planning Commi~sion and City Council ,..
study sessions, the ordinance retains three levels of review, but redefines these·three gro~s as
administrative, minor, and major subdivisions. The table below outline~ the three classifications
and respective review procedures.
Proposed Classification of Subdivisions
Type Criteria Reviewed by
Must meet all criteria:
Administrative -Involves 3 lots or less Staff -Conforms to all subdivision and zoning regulations
-Does not include dedication of a full public street
Must meet all criteria:
Minor -Involves 4 or 5 lots Planning Commission -Conforms to all subdivision and zoning regulations
-Does not include dedication of a full public street
Any plat that exceeds administrative or minor review:
Major -Involves more than 5 lots, or Planning Commission
-Includes a variance or waiver, or and City Council
-Dedicates a full public street
Council Action Form
April28 ,2014
Page 3
Currently, administrative review is limited only to two-lot consolidations or lot line adjustments;
and the proposed ordinance expands administrative plats to include those involving 3 lots or
fewer. This is recommended as an appropriate change in large part because a subdivision plat is
a technical document that does not change the underlying land use entitlements . Regardless of
size, any application with a variance or waiver request will automatically be processed as a major
subdivision requiring review by Planning Commission and City Council. This is consistent with
current practice and ensures that administrative review remains entirely objective.
Sections 26-405 and -406 in the attached ordinance outline the types of plats and the review
procedures. While more subdivision applications would qualify for administrative review , the
process itself remains unchanged. Because the plat is a non-discretionary technical document
(similar to a building permit), administrative review will not include a neighborhood meeting or
public noticing. Non-administrative review of minor and major plats will follow the noticing
procedures required for all public hearings.
Parkland Dedication
Parkland dedication is currently required for all new residential subdivisions or developments
and is based on the assumption that additional residents create additional demands on parks ,
open space, and recreational facilities.
The parkland dedication provisions are significantly revised to ensure that requirements are
aligned with standard planning practices and to ensure consistent implementation . To this end ,
the ordinance includes three fundamental changes : how land dedication is calculated , how fees-
in-lieu of dedication are calculated , and whether or not an applicant can seek relief.
Up to now , the land dedication formula has been based on 0.016 acres per dwelling unit. The
revised calculation is based on projected population. This type of metric or density multiplier is
more common and is more defensible because it is related to actual impact.
When land is not available to dedicate or the City does not desire a dedication , a fee is assessed
in-lieu. Historically, the fee amount has been assessed inconsistently because it is based on "fair
market value"- a relatively ambiguous term. As an alternative, the ordinance proposes that City
Council establish a fair and defensible per acre fee or land value. This will allow the fee-in-lieu
to be assessed uniformly and will result in a predictable cost. This fee will be set by resolution
by City Council at the same time or shortly after the second reading of the ordinance.
In the past, applicants have routinely sought relief from parkland requirements by requesting
reduced fees , complete waivers , or credit for on-site facilities. Very few communities fully
exempt projects from parkland dedication , but several incorporate reduced requirements as a
means of offering relief. Reductions are provided in the proposed ordinance by lowering the
density multipliers, as shown in the table below.
Council Action Fonn
April 28 , 2014
Page4
Proposed Density Multipliers
Category · Persons per dwelling un1t
Residential
Within Y2-mile of transit
Within an urban renewal area
Within a mixed use development
Senior housing
*Definitions for each category are provided in section 26-414 .
2.12-
1.7
1.7
1.7
1.5
** This number is based on the city-wide average household size. It will not be codified
so it can be updated annually based on census data .
Through the use of reductions, relief can be offered to broad classes of development instead of
assessed on a case-by-case basis. Based on these categories , higher density projects are less
likely to be penalized with a disproportionately high land dedication . In addition , reductions will
help to incentivize or direct higher density and mixed use development to appropriate areas of
the City. In the same spirit, this type of incentive supports the regionally adopted goal of
locating fifty percent of all new housing units in designated urban centers ; the City has two
designated urban centers-along Wadsworth and the Northwest Subarea.
Public Improvem ents
Public improvements can include but are not limited to the installation of curb , gutter, sidewalk,
drainage facilities , amenity zones , utilities , street lights , and paving. Provision of public
improvements (or a fee-in-lieu) is a condition of approval for certain types of subdivisions and
development where adjacent improvements are substandard or nonexistent.
This requirement is authorized by a series of code sections and documents, and this plurality has
ultimately created inconsistencies, confusion , and inequities. With this in mind , the approach to
public improvements has been revised to balance several goals: ensure consistency when
requiring public improvements versus fees-in-lieu , support the City's goals of providing bicycle
and pedestrian facilities , ensure all developers and residents bear an equal and proportionate cost
of enhancing the city 's roadways , and promoting fair and equitable requirements and fees.
Under the revised approach , public improvement provisions are consolidated into one section in
the code (sec. 26-417). Street improvements are based on the type of development being
proposed , and these standards are uniform for any type of development application (such as
platting or building permits). This approach is summarized in the table below . Consistent with
current practice, only certain types of projects will trigger the provision of street improvements.
These include new roads , new lots, new development, and additions that increase floor area by
more than 60%. Smaller projects that do not meet these thresholds do not generally trigger street
improvements .
Council Action Form
April 28, 2014
Page 5
Project Type
Any project with new
public streets
Multifamily residential
or commercial
Single-or two-family
residential
Required Street/Streetscape Improvements
An applicant must build the new street to current city standards. The
timing of construction is determined by a subdivision improvement
agreement or is deferred with a development covenant.
An applicant is responsible for all streetscape improvements if frontage
does not meet current right-of-way standards. Applicants are required to
construct improvements or pay a fee-in-lieu based on the decision of the
Public Works Director.
If fees are paid in lieu of construction, they are calculated for the specific
improvements that would otherwise be built and are based on an
engineer's estimate of all removal and installation costs.
An applicant is responsible for curb, gutter, sidewalk . In most
circumstances applicants may choose to build the improvements or pay
a fee-in-lieu . Where construction would be impractical an applicant may
be required to pay the fee-in-lieu .
If fees are paid in lieu of construction , they are calculated based on the
linear frontage of the lot and the cost of curb, gutter, and a 5-foot
attached sidewalk (the minimum local street standard). Where partial
improvements are existing, the fee will be adjusted accordingly.
Because the single-and two-family fee calculation represents a development fee that will apply
uniformly to a broad class of projects, an impact fee study is included as an attachment to this
report. The study documents the fee calculation and establishes a legislative basis for such
requirements . Staff estimates the single-/two-family fee for installation of curb, gutter, and
sidewalk is about $52 per linear foot. Fees will be based on prevailing costs and may rise or fall
accordingly. For a typical 75-foot wide R-2 zoned lot , the resulting fee would be $3900.
Other amendments
In addition to the revisions described above, the ordinance includes the following changes:
• Subdivision design standards are consolidated and reorganized to ensure appropriate
infrastructure, connectivity and logical lot layouts.
• The street naming and numbering regulations are removed from Article IV and relocated
to Article VI of Chapter 26 (supplementary regulations) because they apply to all
development within the City.
• The definitions section is updated and includes the addition of several new terms related
to the subdivision process.
• Outdated quantitative standards are removed from the code; where these standards are
still relevant they will be provided by the Community Development or Public Works
Departments.
• Appendix A is removed from Chapter 26. This includes an outdated fee schedule that
was codified in 2003. Current administrative fees associated with development
applications are maintained in the Community Development Department.
• All references to the subdivision regulations throughout the code of laws are updated to
reflect the changes within Article IV.
Council Action Form
April28 ,2014
Page 6
RECOMMENDATIONS:
Staff recommends approval of the ordinance. The purpose of this code amendment is to
establish a more logical and efficient review procedure, and to update subdivision
regulations to reflect the infill environment of the City of Wheat Ridge. Ultimately, the
proposed ordinance supports City goals by creating a regulatory environment that is
reasonable, efficient, contemporary, and predictable.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 02-2014 , an ordinance amending Chapter 26 of the
Wheat Ridge Code of Laws concerning the subdivision regulations and making certain
related amendments to Chapters 2 and 5 in association therewith , on second reading and
that it take effect fifteen days after final publication ."
Or,
"I move to postpone indefinitely the ordinance amending Chapter 26 of the Wheat Ridge
Code of Laws conceming the subdivision regulations and making certain related
amendments to Chapters 2 and 5 in association therewith , for the following reason(s) ,
REPORT PREPARED BY:
Lauren Mikulak, PlaJmer II
Meredith Reckert, Senior Planner
Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS:
I. Council Bill No. 02-2014
2. Streetscape Impact Fee Study
3. Planning Commission Meeting Minutes (April 3, 2014)
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER STARKER
COUNCIL BILL NO. 02
ORDINANCE NO. ___ _
Series 2014
TITLE: AN ORDINANCE AMENDING CHAPTER 26 CONCERNING
THE SUBDIVISION REGULATIONS AND MAKING CERTAIN
RELATED AMENDMENTS TO CHAPTERS 2 AND 5 IN
ASSOCIATION HEREWITH (CASE NO. ZOA-14-01)
WHEREAS, the City Council of the City of Wheat Ridge is authorized by the
Home Rule Charter and the Colorado Constitution and statutes to enact and enforce
ordinances for the preservation of the public health, safety and welfare; and
WHEREAS, in the exercise of that authority, the City Council of the City of Wheat
Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the
"Code") pertaining to zoning, land use, and development; and
WHEREAS, the City has identified a need to simplify land use processes so
review is efficient and costs are predictable; and
WHEREAS, the City wishes to amend Article IV of Chapter 26 pertaining to
subdivision regulations; and
WHEREAS, the City has determined that additional sections of the Code should
be amended for the sake of clarification.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Article IV of Chapter 26 of the Code is hereby repealed in its entirety
and reenacted to read as follows:
ARTICLE IV.-SUBDIVISION REGULATIONS
Sec. 26-401. -Intent and purpose.
A. Citation . This article shall be known and cited as the "subdivision regulations" of the
City of Wheat Ridge, Colorado, or "these regulations," or "this article."
B. Authority. No final plat of a subdivision shall be approved and accepted by staff, the
planning commission or the city council unless it conforms to the provisions of these
regulations. Pursuant to the authority contained in Article XX, Section 6 of the Colorado
Constitution and in Colorado Revised Statutes sections 29-20-101 et seq., 31-23-101 et
seq., and 24-67-101 et seq., the Wheat Ridge planning commission and city council are
vested with the power and authority to adopt and amend these subdivision regulations
Attachment 1
C. Purpose. The intent of these regulations is to prepare land for development and to
recognize that the arrangement of parcels, streets, and infrastructure has a direct
impact on the character and environment of the city. The general purposes of this
article are as follows:
1. To protect the health , safety, and welfare of present and future residents of the
city .
2. To promote orderly growth and good planning practice .
3. To guide land development that is consistent with the city's adopted plans and
zoning regulations.
4. To ensure the provision of adequate public facilities and utility service.
5. To promote efficient circulation, logical lot layout , and necessary roadway and
pedestrian connections .
6. To conserve natural resources and provide reasonable protection from flood and
other hazards .
7. To provide open space and recreation facilities for residents.
8. To establish consistent and reliable land records and monumentation.
9. To provide a process for review and substantive requirements for approval.
Sec. 26-402. -Applicability.
A. Jurisdiction. These subdivision regulations shall be applicable within the following
areas :
1. All land located within the City of Wheat Ridge.
2. Land in the process of annexation to the City of Wheat Ridge.
3. All unincorporated land located within three (3) miles of the corporate limits of the
City of Wheat Ridge for major street plan purposes when a major street plan has
been approved in accordance with the requirements of C.R.S. § 31-23-212.
B. General Applicability.
1. These subdivision regulations shall apply to the creation or boundary
modification of lots, tracts, parcels or other divisions of land for any purpose,
including but not limited to its immediate or future sale, transfer, or development,
whether residential, industrial, office, business or otherwise.
2. This article shall apply to a resubdivision or any division of land previously
subdivided or platted, as well as to a lot line adjustment or consolidation of two or
more lots, tracts, or parcels .
3. The transfer of any portion of land by the use of description for the purpose of
sale, transfer, lease or development is prohibited until the division of land is
approved and recorded in accordance with these subdivision regulations.
4. No subdivision plat shall be used for purposes of sale or development until the
plat is approved and recorded in accordance with these subdivision regulations.
2
C. Exemptions. This article shall not apply to the following:
1. Any division of a tract of land into separate parcels of at least thirty-five (35)
acres each for the purposes of sale;
2. Any division of land which is created by order of any court in this state or by
operation of law, such as settlement of an estate;
3. Any division of land which is created by a foreclosure of a deed of trust, lien,
mortgage or any other security instrument;
4. Any division of land which is created by a security or unit of interest in any
investment trust regulated under the laws of this state or any other interest in any
investment entity;
5. Any division of land which creates cemetery plots;
6. Any sale of any interest in a lot or parcel of land which has located upon it a
single main structure, which structure and associated land is to be divided into
separate ownership, and so long as required parking and access to a public
street is guaranteed to each owner by direct access, or through a recorded
ingress/egress easement of at least ten (1 0) feet in width, or parking easements,
as may be necessary. The intent of this exception is to ensure that the area and
setback requirements for structures are met, but to allow subsequent division of
an individual structure and associated land into separate ownership, as with
duplex splits or condominium plats. This exception shall not apply whenever it is
desired to sell off land for the purpose of creating a new building site;
7. Vacant nonconforming parcels of record as described in section 26-120;
8. The division of land for the purpose of conveyance of real property to the city in
satisfaction of land dedication, condemnation, annexation, or other city
requirements, including a city-approved land trade;
9. Acquisition of an interest in land in joint tenancy, or as tenants in common, or a
joint venture.
10. A consolidation of eligible lots through a property merger agreement in
accordance with section 26-117.
D. Pending applications. Any application for a subdivision plat filed on or after May 16,
2014 shall be controlled by the provisions of these regulations. Any application for a
subdivision plat filed prior to and pending on that date shall be controlled by the
provisions of the subdivision regulations in effect at the time of the filing of the
application (which regulations are retained in force solely for that limited purpose),
unless the applicant chooses to have the application processed under the provisions of
these regulations.
E. Private covenants. These regulations are not intended to abrogate any easement,
covenant, or any other private agreement or restriction. It is not the intent of these
regulations that the city will enforce any private easement, covenant, agreement, or
restriction; such provisions being a function of the right of individual property owners to
further or separately restrict the use of their property as one (1) of the rights attendant
upon property ownership. These regulations shall not be interpreted to either enhance
3
or diminish such private restrictions, and the existence of such private restrictions shall
neither enhance nor dimin ish the application or enforceability of these regulations.
Sec. 26-403. -Enforcement and penalties.
A. General. It shall be unlawful for any person to sell , convey , transfer, or otherwise
dispose of or subdivide any property within the city without compliance with this article
or where such sale, conveyance , transfer, disposition , or division would otherwise result
in the creation of a nonconforming lot or nonconforming parcel of land as such term is
defined by section 26-120. In addition to any other remedy available to the city , the city
shall not recognize or permit the use of a lot or parcel created in violation of these
regulations unless and until such lot or parcel is properly subdivided and meets all
applicable requirements of the Wheat Ridge Code of Laws .
B. Permits withheld. No permits shall be issued by any administrative officer of the City
of Wheat Ridge for the construction or occupancy of any building , or other improvement
requiring a permit , upon any land for which a plat is required by these regulat ions ,
unless and unti l the requirements of the subdivision regulations have been met.
C. Penalties.
1. Any subdivider or agent of a subdivider who transfers or sells or agrees to sell or
offers to sell any subdivided land before a final plat for such subdivided land has
been approved by the city and recorded in the office of the Jefferson County
Clerk and Recorder shall be guilty of a misdemeanor and , upon conviction of
such violation , shall be subject to a fine not to exceed one thousand dollars
($1 ,000 .00), or imprisonment not to exceed one (1) year, or both such fine and
imprisonment.
2. This fine or sentence shall be applicable for each parcel or interest in subdivided
land which is sold , agreed to be sold , negotiated to be sold and /or transferred .
3. The city shall have the power to bring an action to enjoin any subdivider from
selling , agreeing to sell , offering to sell , use , occupy or develop unsubdivided
land before a final plat for such subdivided land has been approved by the city .
D. Sale voidable. Any deed of conveyance, sale or contract to sell made contrary to the
provisions of these regulations is voidable at the sole option of the grantee , buyer, or
person contracting to purchase , his heirs , personal representatives , or trustee within
one (1) year after the date of execution of the deed of conveyance , sale, or contract to
sell is binding upon any assignee or transfer of the grantee , buyer, or person contracting
to purchase , other than those above enumerated.
Sec. 26-404.-Definitions.
As used in these regulations , the following words shall be interpreted and defined in
accordance with the provisions set forth in this article :
Adjacent property owners: Those persons who are shown in the then current records
of the Jefferson County Assessor, as owning real property adjoining the land being
4
proposed for subdivision platting; disregarding intervening public streets, alleys, or other
public right-of-way;.
Administrative subdivision: See subdivision, administrative.
Alley: A right-of-way, dedicated to public uses, which gives a primary or secondary
means of vehicular access to the rear or side of properties otherwise abutting a street,
and which may be used for public vehicular and/or utility access.
Bicycle and pedestrian route: A street or trail that is part of the city's existing or
proposed bicycle and pedestrian network as designated in the City of Wheat Ridge
Bicycle and Pedestrian Master Plan.
Block: A unit of land within a subdivision containing two or (2) more lots which is
bounded by public or private streets, highways, railroad rights-of-way, public walks,
alleys, parks or open space, rural or vacant land, drainage channels, subdivision
boundaries, property boundaries or a combination thereof, and which is customarily
divided into lots.
City datum: Those three-dimensional coordinate values established during the state
plane coordinate conversion program for all quarter corners, and section corners, and
permanent high accuracy control (PHAC) points within and adjacent to the City of
Wheat Ridge.
Colorado Revised Statutes: The current edition of the laws governing the State of
Colorado; hereinafter referred to as "C.R.S."
Dedication: The intentional conveyance of land by the owner to the city for use as
public right-of-way or easement.
Dedication, fees in lieu of: Cash payment that may be required of an owner or
developer as a substitute for a dedication of land or physical improvement.
Duplex split: The process by which a single existing structure with two legal dwelling
units is divided into separate units of ownership for the purpose of selling an interest in
the existing structure and associated land. This process is not subject to the
subdivision regulations per section 26-402.C.
Easement: A nonpossesing legal interest in land, granted by a land owner to another
person or entity which allows that beneficiary the use of all or a portion of the owners'
land, for a stated purpose such as access, drainage, or placement of utilities.
Geodetic surveying: The performance of surveys in which measure or account is
taken of the shape, size, and gravitational forces of the earth to determine or
predetermine the horizontal or vertical positions of points, monuments, or stations for
use in the practice of professional land surveying or for stating the geodetic position of
control points, monuments, or stations by using a coordinate system or derivative
thereof recognized by the National Geodetic Survey.
Lot merger: See plat, consolidation.
Lot, through: An interior lot abutting on more than one (1) street or corner lot abutting
on more than two (2) streets.
Major subdivision: See subdivision, major.
5
Minor subdivision: See subdivision, minor
Monuments: Actual points set into the ground to locate, delineate, or describe tracts
of land. These include: a) United States Land Survey Monuments, the points or corners
established by the survey of public lands for the United States Government, also the
reestablishment or restoration of said corners; b) the points or corners set by a
Colorado registered land surveyor in accordance with the Colorado Revised Statutes.
Mylar: A clear plastic material on which the plat is "photographically" reproduced. It
shall be a minimum of four one thousandths (.004) of an inch thick and have a matte
finish on both sides.
PHAC points: Permanent high accuracy control points established during the City of
Wheat Ridge State Plane Coordinate Conversion Program by and for use in global
positioning surveys.
Plat, condominium: A plat which shows the division of land based on condominium
ownership of an existing structure. This process is not subject to the subdivision
regulations per section 26-402.C .
Plat, consolidation: A plat which aggregates two (2) or more parcels or portions of
land into a single lot, development or building site. See also section 26-117.
Plat, final: A map of a land subdivision with necessary affidavits, dedications, and
acceptances and with complete bearings and dimensions of all lines defining lots and
blocks, streets and alleys, public areas and other dimensions of land for the recording of
real estate interests with the Jefferson County Clerk and Recorder's office. All final
plats shall comply with C.R.S. Article 51, Title 38.
Plat, land survey: A plat which shows the information developed by a monumented
land survey and includes all information required by C.R.S. § 38-51-106.
Plat, lot line adjustment: A plat which adjusts the common property line or
boundaries between two (2) or more parcels or portions of land, through which an equal
or lesser number of lots are created.
Plat, recorded: The official document which is filed with the Jefferson County Clerk
Recorder's office.
Plat, townhouse: A plat which shows the division of land based on a townhouse
ownership structure. Townhouse development is subject to these regulations and
requires a subdivision plat.
Preapplication conference: A nonbinding, informative meeting between an applicant
and staff that is required prior to submitting any plat application, in accordance with
section 26-104.
Private drive: A thoroughfare for vehicular traffic which provides access to no more
than four ( 4) dwelling units.
Public street: A dedicated public thoroughfare for vehicular traffic in accordance with
the requirements as set forth in the subdivision regulations, the comprehensive plan, the
Bicycle and Pedestrian Master Plan, and the Streetscape Design Manual of the City of
Wheat Ridge.
6
Rep/at: See resubdivision.
Resubdivision: The changing of any existing lot, tract, or parcel of any subdivision
plat previously recorded with the Jefferson County Clerk and Recorder.
Right-of-way: An area of land granted, acquired, or dedicated by deed or plat for
public use and travel. In addition to a roadway, it may also include curbs, gutters,
sidewalks, streetscape amenities, traffic signs and signals, lighting, and public utilities.
Sketch plan: A rough sketch of a proposed subdivision indicating tentative lot layout
and thoroughfare alignment to be used for the purpose of discussion at a preapplication
conference.
Subdivider: Any person , partnership , joint venture, association , corporation , person
in a representative capacity, or other legal entity or legal representative who shall
participate in any manner in the dividing of land for the purpose, whether immediate or
future, of sale or building development.
Subdivision or Subdivide: The creation or boundary modification of lots, tracts,
parcels , or other divisions of land for any purposes whether immediate or future,
including for sale or building development, whether agricultural, residential , industrial,
commercial or other use. The term shall also include and refer to any division of land
previously subdivided or platted but shall not include nor refer to a transaction or
transactions which is or are exempt under these regulations.
Subdivision, administrative: Any subdivision , consolidation , or lot line adjustment that
involves 3 or fewer lots or parcels, conforms to all subdivision and zoning regulations ,
and does not include the dedication of a public street. See section 26-405.
Subdivision , major: Any subdivision , consolidation , or lot line adjustment that does
not meet the definition of an administrative or minor plat, including any plat with a right-
of-way vacation or the dedication of public streets. See section 26-405.
Subdivision, minor: Any subdivision, consolidation , or lot line adjustment that
involves 4 or 5 lots or parcels , conforms to all subdivision and zoning regulations, and
does not include the dedication of a public street. See section 26-405.
Subdivision Improvement Agreement: An agreement between the city and developer
that clearly establishes the developer's responsibility to construct any required public
improvements for a subdivision, such as street or drainage facilities, and to provide
financial security to ensure completion of the improvements.
Tract: A portion of land that is part of a subdivision which is designated for some
purpose other than a building site or lot, sometimes known as an outlot.
Vacation: The termination of, or termination of interest in, an easement , right-of-way ,
or public dedication of land by resolution, plat or separate instrument.
Variance : A deviation from the strict application of the development standards
contained in these regulations due to unusual or atypical site conditions or
characteristics . See section 26-115.
Waiver: A waiver is a permitted exemption or reduction from a design principle or
required improvement based on the specific conditions , circumstances or design
context of a development proposal.
7
Sec. 26-405. -Types of plats.
These regulations recognize a variety of platting circumstances and provide specific
requirements and procedures for each . These types of plats are set forth below.
A. Administrative plat.
1. Any subdivision, consolidation, or lot line adjustment meeting all of the following
criteria:
a. Involves 3 or fewer lots or parcels ,
b. Conforms to all subdivision and zoning regulations, includes no waiver or
variance, and
c. Does not include the dedication of a full-width ("Full") public street right-of-
way, but may include a partial , less than Full dedication of right-of-way
adjacent to an existing public street or for other purposes . See section 26-
415.
2. Review and approval of this type of subdivision plat is an administrative process
that does not require a public hearing; the review procedure is outlined in section
26-406 .8.
B. Minor plat.
1. Any subdivision , consolidation, or lot line adjustment meeting all of the following
criteria :
a. Involves 4 or 5 lots or parcels,
b. Conforms to all subdivision and zoning regulations, includes no waiver or
variance , and
c. Does not include the dedication of a full-width public street right-of-way, but
may include a partial, less than full-width dedication of right-of-way adjacent
to an existing public street or for other purposes . See section 26-415 .
2. Review and approval of a minor subdivision plat requires one (1) a public
hearing; the review procedure is outlined in section 26-406 .C.
C. Major plat.
1. Any subdivision, consolidation , or lot line adjustment that does not meet the
definition of an administrative or minor plat , including any plat with a right-of-way
vacation or dedication of new or full-width public streets.
2. Review and approval of a major subdivision plat requires two (2) public hearings ;
the review procedure is outlined in section 26-406 .C.
Sec. 26-406. -Review procedures.
All applications are subject to the following review procedures.
8
A. Preapplication conference. Prior to submitting any plat application, the applicant
must participate in a preapplication conference, as described in section 26-104. A
sketch plan shall be provided to the community development department for review
prior to the preapplication conference.
B. Administrative plat review procedure.
1. Application filing . An application packet shall be submitted to the community
development department. Staff will review the application for completeness in
accordance with the submittal requirements in section 26-410. If staff determines
the application is not complete, it will be returned to the applicant and not further
processed until the incomplete items have been supplied .
2. Review and referral. Upon rece ipt of a complete application packet the
community development department will review the application and refer the
application to affected departments and agencies for review and comment. The
applicant must address all comments and resubmit relevant documents .
3. Decision. After the review period, staff will prepare written findings with a
recommendation. The community development director shall review the plat and
approve, approve with conditions, or deny the plat.
C. Minor and major plat review procedure.
1. Application filing . An application packet shall be submitted to the community
development department. Staff will review the application for completeness in
accordance with the submittal requirements in section 26-41 0. If staff determines
the application is not complete , it will be returned to the applicant and not further
processed until the incomplete items have been supplied.
2. Review and referral. Upon receipt of a complete application packet the
community development department shall proceed with the following process :
a. Staff will review the application and refer the application to affected
departments and agencies for review and comment. The applicant must
address all comments and resubmit relevant documents.
b. After the review period , staff will give notice of scheduled public hearings on
the application before the planning commission and , if needed, the city
council. Notice shall be by publication , letter, and site posting in the manner
provided in section 26-109 .
c. Staff will prepare a written report to the planning commission which evaluates
the proposal , makes findings , and makes a recommendation .
3. Public hearing .
a. Planning commission review. The planning commission shall hold a public
hearing to review the plat and to hear and consider any evidence or
statement presented by the applicant, city staff, or by any person in
attendance at the public hearing. Any recommendation or decision shall be
based upon the facts presented in the public hearing and in consideration of
the regulations and standards of this article and article II of this chapter.
9
i. Minor subdivision. The planning commission shall make a decision to
either approve, approve with conditions, or deny the application. The
decision by planning commission is final for minor subdivisions.
ii. Major subdivision . The planning commission shall make a
recommendation of approval , approval with conditions , or denial of the
application . The recommendation shall be forwarded to city council for
final action.
b. City council review . City council shall review and decide upon all major
subdivision applications at a public hearing. Upon receipt of the final plat and
accompanying recommendations , the city council shall either approve,
approve with conditions, deny, or refer the plat back to planning commission
for further review. City council shall base its decision upon all evidence
presented , with due consideration of the regulations and standards of this
article and article II of this chapter.
D. Recording approved documents .
1 . All approved plats shall be recorded with the Jefferson County Clerk and
Recorder. A recordable mylar of the plat and associated recording fees shall be
submitted to the community development department within ninety (90) days of
final action .
2. A subdivision improvement agreement , if required , shall be executed and
recorded with the Jefferson County Clerk and Recorder concurrently with
recordation of the final plat. Guarantee shall be provided as required by section
26-418 .
3. If public land dedications or easements are not conveyed by final plat , deeds or
other documents of conveyance for such dedications shall be executed and
recorded with the Jefferson County Clerk and Recorder concurrently with
recordation of the final plat.
4. Fees in lieu of parkland ded ication , if required by section 26-414, shall be paid at
time a recordable document is submitted.
5. Fees in lieu of constructing public improvements , if required , shall be paid at time
a recordable document is submitted.
6. For lot line adjustments , a deed to transfer title of property from one owner to the
other must be recorded along with the plat.
7. If the applicant fails to provide all required recordable documents within ninety
(90) days of final action , the approval shall exp i re . The community development
director is authorized to grant, in writing , one (1) or more extensions of time , for
period of not more than thirty (30) days each . The extension shall be requested
in writing and justifiable cause shown.
8. No building permits shall be issued until the plat is recorded.
E. Review considerations . Decisions on subdivision applications are technical and
non-discretionary in nature . The regulations and standards of this article shall be used
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by the city council, planning commission , and community development director in
judging the merits of the application submitted for review .
F. Appeal. Because of the technical and non-discretionary nature of subdivision
decisions, an appeal may be filed only when a decision is based in whole or in part on
an incorrect finding of compliance with these regulations.
1 . Appeals may be filed by the applicant or property owner.
2. A written appeal shall be submitted to the community development department
within ten (10) days of a decision.
3. Any appeal of the community development director's decision shall be heard by
the planning commission at a public hearing in accordance with section 26-109.
4. Any appeal of the planning commission 's decision shall be heard by the city
council at a public hearing in accordance with section 26-109.
Sec. 26-407. -Error correction.
Occasionally errors may be discovered on a recorded plat , and revisions are necessary
which do not affect the character of the subdivision. It is the intent of the city to establish
reasonable standards and administrative procedures to correct such errors in order to
protect the interests of affected property owners.
A. Types of errors. Minor errors which are eligible for administrative correction include ,
but are not limited to , the following :
1 . Typographical and spelling errors or transpositions .
2. Incorrect seals .
3. Incorrect dates.
4. Monumentation incorrectly noted, drawn or missing .
5. Incorrect or missing bearings and/or dimensions on the drawing .
6. Missing or incorrectly displayed arrows or symbols.
7. Street name changes or corrections.
8. Removal of or revisions to utility easements upon approval of all affected utility
companies.
9. Additions to or deletions from the legal description or dedicatory language that
are not typographical in nature.
1 O.lncorrect certificates or signatures .
11 . Other items or circumstances to be determined by the community development
director and/or the director of public works.
B. Correction procedure. Corrections approved by the community development director
and any affected agencies are made by an affidavit of correction. The affidavit is
prepared by city staff, and any necessary exhibits are prepared , signed and sealed by
the professional land surveyor of record . The affidavit is signed as needed and
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appropriate by the owner, land surveyor, community development director, mayor, and
city clerk. The affidavit shall reference the title of the original subdivision and be
recorded with the Jefferson County Clerk and Recorder's office .
C. In no instance shall additional parcels be created, lot lines adjusted or the general
character of the subdivision be altered by an affidavit of correction .
Sec. 26-408. -Resubdivision.
The redivision of any lot , tract , or parcel or the relocation of public streets within an
approved subdivision shall be considered a resubdivision or replat and shall require a
new application subject to the procedures described in section 26-406 .
Sec. 26-409. -Variances and waivers.
A. Review procedure. Any subdivision application that includes a request for a
variance or waiver shall be processed as a major subdivision and rev iewed by planning
commission and city council.
B. Variance. Where a subdivider proposes a plat that does not fully comply with the
development standards contained in these regulations or in the zoning code , the
subdivider must provide a written variance request as part of the application contents.
The variance request shall be considered pursuant to the procedures , review criteria,
and voting ratios set forth in sections 26-115 and 2-53 (d).
C. Waiver . A waiver is a permitted exemption or reduction from a design principle or
required improvement based on the spec ific conditions, circumstances or design
context of a development proposal. The burden of demonstrating that a waiver is
justified falls on the applicant.
1. Process. The applicant shall submit to the community development department
a letter requesting the waiver and providing justification addressing the review
criteria in subsection 2 below . The waiver shall be considered concurrently with
review of the final plat. Final action on the request shall be made by city council.
2. Review criteria .
a. Unique physical circumstances exist that limit the ability of the property to
comply with the regulations set forth in this article. Special circumstances or
conditions include narrowness , unusual shape , exceptional topographic
conditions , floodplains , or other extraordinary situations. Financial difficulties ,
loss of prospective profits and previously approved exceptions in other
subdivisions shall not be considered as special circumstances or conditions ;
or
b. An alternative design exists that will meet the intent of the standards and
requirements set forth in th is article. The waiver:
i. Shall provide for orderly subdivision of land ;
ii. Shall benefit the public without detriment to public interest or surrounding
properties;
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iii. Shall not be in conflict with the comprehensive plan or the spirit of
approved policies and regulations; and
iv. Shall not endanger public safety.
Sec. 26-410.-Application contents.
A. Application contents. A complete subdivision application shall include:
1 . Complete and notarized application form.
2. Appropriate fee.
3. Proof of ownership, such as copies of deeds.
4. Written authorization from property owner(s) where an agent acts on behalf of
the owner( s ).
5. A written description of the request.
6. Mineral rights certification form.
7. Commitment for title insurance, if applicable.
8. Geodetic surveying requirements checklist, completed and signed by surveyor.
9. Closure sheet(s) for the exterior boundary and all individual lots, with the area
rounded to the nearest square foot and acreage to four (4) decimal places .
10. Final plat. The application shall include the appropriate number of copies and
electronic files, as determined at the pre-application conference. All final plats
shall comply with C.R.S . Article 51, Title 38. All form and content requirements
shall be met, as described below in subsections B and C.
11. Supplemental reports. In addition to the information contained on the final plat
supportive information may be required in the format of hard copies, electronic
files, or both. These may include, but are not limited to:
a. Trip generation or traffic report;
b. Final drainage report and plan;
c. Grading, drainage, and erosion control plan;
d. Stormwater management plan (SWMP);
e. Stormwater operations and maintenance manual (O&M Manual);
f. Civil construction plans;
g. Subdivision improvement agreement or development covenant agreement;
h. Exhibit and deed for partial right-of-way dedications;
i. Homeowner's association declaration or agreement.
B. Form of final plat.
1. Maps of the subdivision plat shall be drawn at not less than a scale of one (1)
inch equals one hundred (1 00) feet.
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2. Outer dimensions of the map shall be twenty-four (24) inches by thirty-six (36)
inches with the following minimum margins: at least one (1) inch along the top
and at least one-half (1'2) inch on the bottom and right sides.
3. Once a plat is approved, the plat shall be photographically reproduced or
computer plotted on four millimeter (.004) thick mylar. No sticky-backs, transfer
lettering, or labels shall be used on the mylar. All signatures must be permanent
black ink. No ball point pens shall be used.
4. Maps of two (2) or more sheets shall be referenced to an index map placed on
the first sheet and each sheet shall be numbered (e.g. sheet 1 of 3).
C. Content of final plat.
1. Project information.
a. Title of document. The title of the subdivision shall not duplicate another
subdivision plat title in the records of the Jefferson County Clerk and
Recorder's office.
b. A surveyed metes and bounds legal description of the platted boundary, with
section ties to two (2) section corners in conformance with city geodetic
surveying requirements. Coordinates for all section corners, and quarter-
section corners, and PHAC points used shall be consistent with the City of
Wheat Ridge current city datum, and are available from the public works
department.
c. Basis of bearing statement , consistent with current city datum.
d. Small scale location map, with north arrow and scale.
e. Name, address, and phone number of architect, engineer, or surveyor
associated with the project.
f. Appropriate signature and certification blocks as determined by the
community development department, such as for owners, lenders, and city
officials.
g. Signature and seal of the Colorado licensed professional land surveyor along
with a statement that the survey was performed by him/her or under his/her
direct responsibility , supervision, and checking, and in accordance with all
City of Wheat Ridge requirements and applicable Colorado Statutes, current
revised edition, as amended.
h. Release of areas dedicated to public use by mortgage or lien holder.
i. Standard easement notes as determined by the community development
department.
j. Dedicatory statement, if applicable.
k. Case history box with reference case numbers.
2. Graphical information .
a. All items on the City of Wheat Ridge geodetic surveying requirements for final
plats shall be adhered to and provided on the plat.
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b. Graphical representation of property boundary consistent with legal
description.
c. Lot areas and dimensions for each lot, tract, and parcel.
d. Accurate dimensions for all lines, angles, and curves used to describe
boundaries , streets , alleys , easements, areas to be reserved for public use ,
and other important features.
i. Distance and bearings shall be on current city datum.
ii. All curves shall be circular arcs and shall be defined by all of the following :
the radius , central angle , arc length , chord length , and chord bearing.
iii. All dimensions, both linear and angular, are to be determined by an
accurate control survey in the field which must balance and close within a
limit of at least one (1) in fifty thousand (50,000).
iv. No final plat showing plus or minus dimensions will be approved.
v. Total area shall be rounded to the nearest square foot and acreage to four
(4) decimal places.
e. Monument information , including:
i. A description of all monuments that mark the boundaries of the property ,
both found and set , and a description of all control monuments used in
conducting the survey .
ii. Right-of-way survey monuments shall be established per City of Wheat
Ridge standard specifications for all new roadways or relocation of
existing roadways , at all new road right-of-way centerline intersections,
center of radius for cui-de-sacs , and at the end of the centerline for dead
end streets . Right-of-way survey monuments may also be required at
roadway centerline points of curvature , points of reverse or compound
curvature , and points of tangency, as determined by the department of
public works.
iii. Coordinates for all control monuments used shall be consistent with the
current city datum.
f. Identification of all proposed lots , blocks, and street names. Tentative
addresses for each lot shall be provided by the city .
g. Identification of existing streets, alleys , parks , and other public facilities .
h. Identification of all easements within and abutting the subject property ,
including the purpose and dimensions . If any easement already of record
cannot be definitely located, a statement of its existence and its recorded
reference shall appear on the plat title sheet.
i. Identification of adjacent property by subdivision name , lot, and block. If
adjoining land is unplatted , it shall be identified as such.
j. Identification of zon ing within and adjacent to subject property.
k. Identification of areas reserved for future public acquisition.
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I. Extent of 1 00-year floodplain and floodway, if applicable.
m. Legend, north arrow, and scale (not to exceed 1" = 1 00').
Sec. 26-411.-Subdivision design.
A. General requirements.
1. Name of subdivision. The title of the subdivision shall not duplicate another
subdivision plat title in the records of the Jefferson County Clerk and Recorder's
office .
2. Compliance with other provisions. All subdivisions shall comply with applicable
zoning, design, and development regulations set forth in Chapter 26.
B. Blocks.
1 . Block lengths and widths shall be suitable for the proposed land uses and for the
zoning requirements pertaining to minimum lot sizes and dimensions .
2. In blocks over one thousand (1 ,000) feet long , mid-block pedestrian crosswalks
may be required as determined by the department of public works .
3. For property in a mixed use zone district, block size shall also conform to
requirements in section 26-1108.B .
C. Lots.
1. All lots shall be developable and capable of being built upon. Where
undevelopable tracts are necessary for purposes other than building, the plat
should designate the tract and identify the purpose, maintenance, and ownership
of such.
2. Lots shall meet all applicable zoning requirements.
a. Individual townhouse lots shall be exempt from minimum lot size, lot width ,
and interior side yard setback requirements, so long as the development
parcel for the entire multi-unit townhouse building meets all standards of
article II. Individual townhouse lots shall not be developed for any purpose
other than townhomes, and the plat shall include a note to this effect.
3. Through lots shall be avoided, except where essential to provide separation from
major arterials .
4. Side lot lines shall be substantially at right angles or radial to street lines when
feasible.
5. Reverse corner lots shall be avoided where possible.
6. All lots or parcels created by subdivision shall have access to or frontage upon a
public street as required by 26-609.
7. Flag lots are not encouraged but are permitted when they are the most
appropriate development option as determined by the community development
director. Use of a flag lot design shall meet the following criteria:
a. The minimum width of the pole portion abutting a public street is 25 feet.
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b. Use of a flag lot design is necessary for effective development of land.
c. The proposed design does not negatively affect public safety and includes
clearly defined access for private use and for emergency service.
D. Transportation and connectivity.
1. In all subdivisions, the vehicle access and circulation system shall accommodate
the safe, efficient, and convenient movement of vehicles, bicycles, pedestrians
and transit through the development as well as to and from adjacent properties
and land uses.
2. The layout and design of all sidewalks, trails and bicycle paths shall be
consistent with the Bicycle and Pedestrian Master Plan and all other adopted
plans and policies.
3. The creation of reserve strips adjacent to the right-of-way which may be used to
deny access to a street shall not be permitted.
4. See section 26-412 for street design standards.
E. Stormwater, drainage, and floodplains.
1. Drainage, wetland, and floodplain areas shall be preserved in their natural state.
No encroachments shall be made on existing channels to preserve the natural
and beneficial functions.
2. Where drainage and wetland areas are encroached upon, acceptable mitigation
shall be provided.
3. The platting of wetland or floodplain areas that are under federal jurisdiction shall
be subject to applicable federal review.
4. Any subdivision must allow continued historic flow of waters, and provide
drainage easements and stormwater facilities for proposed and actual on-and
off-site runoff.
5. Any land within the regulated 1 00-year floodplain or other areas subject to the
1 00-year flood shall not be platted for development unless adequate provisions
are made to provide for, to eliminate, or control flood hazards.
6. For any land within a special flood hazard area, the plat shall include base flood
elevations and the limits of the 1 00-year floodplain and floodway.
7. All subdivision proposals shall be consistent with the need to minimize flood
damage as outlined in Article VIII.
F. Slope.
1. Steep land (ten percent slope or greater), unstable land, and areas having
inadequate drainage, are problems that may endanger health, life or property.
Areas with such problems shall not be subdivided unless acceptable provisions
are made by a registered engineer qualified in the particular field which eliminate
or control the problems.
2. Such areas may be included as part of a lot or lots where there is a building
portion free of such problems.
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G. Easements.
1. Utility. Utility easements shall be designed to minimize the encumbrance to the
lot, to minimize maintenance problems, and to avoid anticipated locations of
buildings or street trees. For new streets , utilities may be located within the right-
of-way as approved by the public works department.
2. Drainage and irrigation facilities . All proposed on-site stormwater detention
facilities shall lie within a stormwater detention easement. Where a subdivision is
traversed by an irrigation ditch or channel, natural creeks or streams , an
easement sufficient for drainage and to allow for maintenance of the ditch shall
be provided. The width and location of this easement shall be approved by the
controlling irrigation ditch company or lateral ditch users . When off-site
detention , retention or conveyance is required, a recorded easement from the
affected off-site property owner is required at the time of plat recordation .
3. Sidewalk . Sidewalk and landscape easements may be required when the
sidewalk or streetscape improvements required by the Streetscape Design
Manual or Bicycle and Pedestrian Master Plan are not within a dedicated street
right-of-way . The width of this easement shall be determined by the public works
department.
4. Access. When it is required to have circulation between adjacent properties ,
cross access/ingress-egress easements shall be provided on the plat.
5. Other easements may be required by the community development or public
works departments .
6. All easement areas shall be maintained by the underlying fee simple property
owner or appropriate owners' association. All improvements located in, on , over
or under the easements shall be maintained by the applicable and/or designated
agency. Other improvements provided by the fee simple property owner shall not
interrupt nor in any way interfere with the designated and continued use of the
easements and improvements located thereon . The city shall not be responsible
for maintenance of easements and/or improvements thereon , unless otherwise
approved by the city council.
H. Nonresidential subdivisions .
1 . Applicants shall demonstrate that street , block , and lot layout in a nonresidential
subdivision is appropriate for the anticipated uses.
2. Lots proposed for commercial or industrial development shall be suitable in area
and dimension for the types of anticipated development.
3. Vehicular access and circulation should be designed to minimize the number of
curb cuts , increase connectivity , and encourage shared access points from the
street.
4. Nonresidential subdivisions shall designate areas for appropriate cross access
easements.
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Sec. 26-412.-Street design.
A. General.
1. Streets shall conform to the requirements set forth in the subdivision regulations,
the comprehensive plan, the Bicycle and Pedestrian Master Plan, and the
Streetscape Design Manual of the City of Wheat Ridge.
2. All public streets shall be designed and constructed according to the city's
current design and construction standards, the Streetscape Design manual, and
the Bicycle and Pedestrian Master Plan.
3. Private streets shall not be allowed.
4. Fire apparatus access roads shall comply with the requirements of the
appropriate fire protection district.
5. Street names shall conform to the standard metropolitan grid pattern, as outlined
in section 26-639 .
B. Access.
1 . For residential subdivisions, all lots shall have frontage on a public street with the
exception of those lots served by private drive or easements. Private drives shall
have a minimum width of 25 feet, shall be designated by recorded easement,
and shall provide access to no more than four ( 4) dwelling units.
2. Whenever possible, residential lots shall not front on arterials (Class 3) or
collectors (Class 4). Access to a freeway, arterial or collector shall occur only at
intersections approved by planning commission and city council. Such design
shall be reviewed by the director of public works in consultation with the city
traffic engineer.
3. Any use providing access to an expressway, arterial, collector, state highway or
interstate frontage roads, may require the subdivider to construct and dedicate
acceleration and/or deceleration lanes along those streets upon which access is
obtained. This requirement shall be determined at the time of subdivision, site
plan approval for planned developments, rezoning or building permit review and
shall be in accordance with the criteria of section 26-620.
C. Connectivity.
1. The proposed street layout shall provide for the continuation of existing, planned
or platted streets in the surrounding area unless the city determines that such
extension is undesirable for specific reasons of topography or design.
2. Proposed streets shall be extended to the boundary of a subdivision to provide
for future connections to adjoining lands.
3. If a dedicated or platted half-street or partial right-of-way is adjoining or parallel to
a subdivision boundary, the other half of the street shall be dedicated.
D. Design.
1. Right-of-way standards.
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a. Street and alley rights-of-way shall conform to the city's current standards for
width , grade, and design as determined by the public works department.
2. Cui-de -sacs.
a. Cui-de-sacs shall have a turnaround right-of-way diameter of at least ninety
six (96) feet.
b. For cui-de-sacs less than two hundred (200) feet in length in a single family
area, an alternate design such as a "Y", "T", "L", or loop may be considered
and approved by the city if the standard design is not feasible.
c. The center of the cul-de-sac bulb shall not be longer than seven hundred fifty
(750) feet from center line of the intersecting street.
d. Surface drainage on cui-de-sacs shall be directed toward the accompanying
street or where necessary to a natural watercourse or natural drainage basin
if approved by the director of public works. Drainage easements may be
required through abutting lots where no alternative is capable of carrying
drainage .
e. In the case of temporary cui-de-sacs , the provision for reduced lot widths
does not apply. Temporary cul-de-sac eyebrows shall be dedicated as tracts
on the subdivision plat. Radial lot lines shall not be allowed on temporary cui -
de-sacs.
3. Dead-ends .
a. Dead-end streets , with the exceptions of cui-de-sacs , shall be prohibited
unless they are designed to connect with future streets in adjacent land that
has not been platted, in which cases a temporary cul-de-sac bulb shall be
required. The "eyebrows" of temporary cul-de-sac bulbs shall be designated
as tracts on the plat.
4. Intersections.
a. Arterial and collector streets shall be aligned to join with planned or existing
streets.
b. Additional right-of-way or pavement width may be required at intersections.
The design of intersections shall be determined by the public works director,
or when applicable , the Colorado Department of Transportation.
c. Intersections of streets shall be at right angles whenever possible and shall
not exceed a variation of ten (10) degrees from a right angle.
d. When "T" intersections are used, the center lines of the streets not in
alignment must be offset a minimum of three hundred (300) feet when
connected to a collector street and one hundred fifty (150) feet when
connected to a local street.
5. Reverse ("S") curves.
a. Reverse curves on arterials shall be joined by a tangent section at least two
hundred (200) feet in length . Reverse curves on collectors shall be joined by
a tangent section at least one hundred (1 00) feet in length.
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6. Grade and Topography.
a. Streets shall be designed to bear a reasonable relationship to the topography
of the land to the maximum extent feasible.
b. The maximum grade by street classification shall not be exceeded; maximum
grade is determined by the public works department.
Sec. 26-413.-Dedications and exactions, general provisions.
A. Plat dedications.
1. Dedications of rights-of-way for public streets, utility easements, drainage and
maintenance easements, and other interests required under the provisions of this
article shall be made by the subdivider on the plat unless otherwise directed by
these regulations or city council.
B. Expansion or redevelopment of existing developments.
1. When existing development does not meet current design standards or is
insufficient regarding current service capacities, the city shall require dedications
or exactions to adequately meet the current standard or need upon development,
redevelopment or expansion of these properties.
2. Dedications required at the time of issuance of a building permit for development,
redevelopment, expansion or change of use shall include up to a half-width street
dedication and/or construction based on street standards in the subdivision
regulations, comprehensive plan, Bicycle and Pedestrian Master Plan, and
Streetscape Design Manual. These construction improvements could include
street reconstruction, paving, curb, gutter, sidewalk or other improvements
deemed necessary by the director of public works. See section 5-45.
3. These dedications or exactions can be required at the time of rezoning,
subdivision or building permit.
Sec. 26-414.-Dedication of public parks and sites.
A. Public parks and trails.
1. Purpose. Parkland dedication is based on the presumption that new residents
create additional demands for and burdens on park, trail, open space, and
recreation facilities. Land dedication for park facilities or cash-in-lieu fees are
roughly proportional to the demands created by new residential development and
contribute to the cost of acquisition and/or improvement of new or existing
facilities.
2. Applicability and exemptions.
a. The requirements of this section apply to the following types of development
and subdivision:
i. Residential subdivisions.
ii. Residential development.
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iii. Replatting or redevelopment that results in an increase in the number of
dwelling units.
b. Exemptions. Nursing homes and similar confined care or skilled nursing
facilities are exempt from the requirements of this section.
3. Process for assessing parkland needs.
a. As part of the subdivision review process, an application shall be referred to
the parks and recreation director to determine whether land dedication or
cash-in-lieu payment is appropriate.
b. A determination shall be based on the available land area within the
development or subdivision and based on the city's Parks and Recreation
Master Plan.
4. Requirement for parkland dedication.
a. Land dedication or cash-in-lieu required. The owner/developer of land to
which this section applies shall, at the option of the city, either:
i. Convey to the city in fee simple no less than seven and one-half (7.5)
acres per one thousand (1000) people based on the projected population
for the development and determined in accordance with this subsection; or
ii. Pay to the city a sum of money based on a per acre fee adopted by
resolution of the city council. A cash-in-lieu fee schedule shall be
established with consideration for the per acre costs of acquiring and
improving park land.
b. Population density standards. For the purpose of determining park land
dedication requirements, the projected population of a residential
development or subdivision shall be based on the following density factors:
i. Residential development: citywide average household size
(a) This density factor shall be based on city housing and population data,
expressed as a number of persons per dwelling unit, as established by
the community development director on an annual basis and published
in the manner provided for publication of ordinances under the Wheat
Ridge Home Rule Charter.
ii. Housing within a designated urban renewal area: 1. 7 persons per dwelling
unit
iii. Housing within a mixed use development: 1. 7 persons per dwelling unit
(a) For the purposes of this section, mixed use shall mean the
development of a parcel or parcels that includes residential and non-
residential primary uses on the same site.
iv. Housing within ~-mile of a transit station: 1. 7 persons per dwelling unit
(a) For the purposes of this section, a transit station shall mean the
property of any RTD Gold Line commuter rail station, RTD Park-n-
Ride, or RTD Transfer Station.
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v. Housing for seniors: 1.5 persons per dwelling unit
(a) For the purposes of this section, senior housing shall be limited to a
development qualifying as intended for, and qualifying as, "housing for
older persons" pursuant to the Federal Fair Housing Act (42 U.S.C.
Section 3607(b)(2), as amended). In the event that a development
intended for "housing for older persons" fails to qualify for such status
under the applicable provisions of the Fair Housing Act or pertinent
regulations, or having achieved such status thereafter relinquishes or
otherwise fails to maintain such status, additional land dedication or
cash-in-lieu payment shall be required, based upon the appropriate
density factor set forth in this subsection.
c. Calculation. The following formula shall be used to determine the minimum
amount of land to be dedicated:
[(number of proposed dwelling units) x (density factor) x (7.5 acres)]+ 1000
people
d. Form and timing of dedication. If land dedication is acceptable, the site shall
be free of all liens and encumbrances and shall be conveyed to the City either
on the plat or by warranty deed at the time the plat is recorded, accompanied
by a current title commitment showing the property free from liens and
encumbrances, in a form approved by the community development director.
e. Form and timing of cash-in-lieu payment. Gash-in-lieu payments shall be
paid to the City by certified check and deposited in the City account to be
used solely for the acquisition, development, or improvement of parks, open
space, bicycle and pedestrian trails, and related facilities. For subdivisions,
payment shall be made at the time the plat is recorded. For development,
payment shall be made prior to building permit issuance.
5. Required improvements on and adjacent to park land dedication. The subdivider
shall be responsible for the cost of park development and all of the required
public improvements for streets adjacent to dedicated parks, as outlined in an
improvement agreement per section 26-418.
6. Required improvements on existing park land. The city shall be responsible for
road construction improvements on or adjacent to existing park land or other
publicly-owned property.
7. Prior dedications. In the event the land being subdivided has been annexed and
as part of the annexation proceedings has been subject to a park land
contribution, or a cash payment in lieu thereof, or a dedication for public
purposes, then the requirements as herein set forth for land or cash in lieu of
land shall be waived.
B. Dedications for other public sites.
1. Dedication of sites for public use, such as schools and fire stations, shall be
delineated on the final plat with appropriate dedicatory statements on the plat.
2. At the discretion of the public agency requiring the dedication, cash in lieu of land
dedication may be required. The cash-in-lieu fee shall be equivalent to the full
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market value of the acreage required for park land dedication . Value shall be
based on anticipated market value after completion of platting and construction of
public improvements.
Sec. 26-415. -Dedication of public streets.
A. Dedication. Street dedication requirements shall be based on the city 's adopted
comprehensive plan , the Bicycle and Pedestrian Master Plan, and the Streetscape
Design Manual of the City of Wheat Ridge.
1. Full. Dedication of a public street shall be by plat and shall be processed as a
major subdivision .
2. Partial. A partial right-of-way dedication is acceptable if it is required to complete
a substandard street already in existence.
a. Half streets. For streets on the perimeter of a subdivision , the subdivider may
be permitted to dedicate sufficient right-of-way to provide an adequate street
width for two (2) lanes of traffic in accordance with the city's standards and
specifications. In such instances , the subdivider shall be required to construct
one-half of the street width plus six (6) feet or other design as determined and
approved by public works department. If on street parking is desired , more
right-of-way will be required.
b. Administrative or minor subdivision . Where a partial right-of-way dedication is
required as part of an administrative or minor subdivision application , the
right-of-way may be dedicated to the city by separate document. On the plat ,
the right-of-way to be designated shall be labeled as a tract, and a plat note
shall indicate that the dedication of the tract will be by separate instrument.
An exhibit and deed shall be prepared , signed and sealed by the professional
land surveyor of record and submitted to the community development
department as part of the application packet.
B. Future right-of-way expansion note .
1. When a development parcel is adjacent to a public street for which widening is
not imminent but is contemplated in adopted plans of the city , county, Denver
Regional Council of Governments , and/or the Colorado Department of
Transportation , a note shall be placed on the plat identifying the proposed
expanded right-of-way line .
2. By identifying the proposed expanded right-of-way line , the subdivider
acknowledges there may be a future reduction in the usable area of the site in
connection with a future roadway widening. Buildings are strongly discouraged
within this area.
Sec. 26-416.-Vacation of right-of-way and removal of easements.
A. Right-of-way vacation.
24
1. Any subdivision application including a request for right-of-way vacation shall be
processed as a major subdivision in accordance with sections 26-406 and 26-
118.
2. Right-of-way vacations by plat shall be noted as being "hereby vacated by this
plat."
B. Easement removal.
1 . Easements vacated by plat shall be noted as being "hereby vacated and
released by this plat."
2. Easements requested to be vacated separately from a plat application may be
processed as error correction. The applicant shall include written and notarized
approval from affected property owners and utility agencies. See section 26-407
C. Separate sheets for vacation and rededication may be necessary for clarity.
Sec. 26-417.-Required public improvements.
A. Applicability. Provision of public improvements may be required as a condition of
approval of a subdivision or development application.
B. Compliance with city standards.
1 . Specifications for all public improvements are to be determined by the public
works department, or in the case of utilities, by other reviewing agencies.
2. No public improvements shall be made until all engineering plans and
specifications have been reviewed and approved by the department of public
works and all applicable permits have been obtained.
C. Types of public improvements:
1. Street and/or streetscape improvements. Construction of street improvements or
payment in lieu is required only for certain types of subdivision or development
applications as outlined in subsection E below. Street improvements include, but
are not limited to, the following:
a. Paved streets.
b. Paved alleys (when platted).
c. Curbs and gutters.
d. Sidewalks, attached or detached.
e. Streetscape enhancements, including but not limited to street lights, amenity
zones , and street furniture. Refer to the city's Streetscape Design Manual.
f. Traffic control devices, including but not limited to street name signs and
signals.
g. Landscaping.
h. Other improvements as specified by the director of public works or other
reviewing agencies.
25
2. Drainage improvements. The subdivider/developer is responsible for installing
drainage improvements including , but not limited to , the following :
a. Storm drainage improvements, storm sewers , open drainage channels , water
quality/detention and related facilities.
b. Erosion control measu res , in accordance with sections 20-1 through 20-4 of
the municipal code and based on the current Urban Drainage and Flood
Control District Criteria Manual.
3. Utilities. The subdivider/developer is responsible for installing utilities.
a. All new development shall be served by public water and sanitary sewer lines
through the appropriate district.
b. The following utilities shall be provided :
i. Water lines.
ii. Sanitary sewer lines .
iii. Electric and natural gas lines.
iv. Telephone , cable , and similar utility services.
v. Fire hydrants . Fire hydrant location , spacing and fire flow shall be
determined by the fire ch ief of the local fire district with due consideration
of their possible use as may be reflected by the hazards of the locality .
c. The placement of utilities shall be as follows :
i. All new utilities shall be placed underground.
ii. Certain components may be placed above ground , including transformers ,
switching boxes , terminal boxes , meter cabinets , pedestals , ducts , and
other facilities necessarily appurtenant to such underground utilities.
Electric transmission and distribution feeder lines and communication long
distance trunk and feeder lines and necessary appurtenances thereto may
be placed above ground. Such above ground facilities shall be placed
within easements or public rights-of-way provided for particular facilities .
4. Monuments . The subdivider is responsible for installing the following
monumentation in compliance with Colorado State Statutes and with current city
standard:
a. Permanent survey monuments , range points , and lot pins.
b. Monumentation of right-of-way . City will furnish right-of-way monument and
range box hardware upon request.
5. Other improvements . The subdivider is responsible for installing other
improvements required by the city , utility or special districts.
D. As-built plans upon completion .
1. After installation of public improvements , the owner shall provide to the city a
copy of "as-built" plans on the current City of Wheat Ridge datum showing the
public improvements and specifications in their as-built locations.
26
2. As-built drawings shall be prepared and certified by a registered professional
engineer in accordance with the requirements of Wheat Ridge and be submitted
prior to the city's issuance of the first certificate of occupancy in the subdivision.
3. As-built drawings shall be provided in hard copy and electronic format. Hard
copy drawings shall be signed and sealed by the engineer-of-record. Electronic
files shall be an appropriate file format as determined by the public works
department.
4. Upon completion of on-or off-site drainage improvements, the engineer-of-record
shall provide to the city a letter of certification stating that the various
improvements as defined in the approved final drainage report and plan and
approved civil construction plans have been accurately surveyed to confirm their
construction is in accordance with these documents. The letter of certification
shall be written and stamped by the registered engineer-of-record, and shall be
submitted for review and approval by the city prior to the issuance of the first
certificate of occupancy in the subdivision.
E. Required street improvements.
1 . Applicable projects. The provision of street and/or streetscape improvements
may be required as a condition of approval for any subdivision or development
application that results in the following:
a. Dedication or construction of new roads,
b. Platting of new lots,
c. New development or redevelopment, or
d. Additions that increase existing floor area by 60% or more.
2. Construction or payment-in-lieu. Where street improvements are required based
on subsection 1 above, construction of improvements or payment-in-lieu is
required as follows:
a. New public streets. For any subdivision or development that includes a new
public street, the applicant shall be responsible for construction of the street
and associated public improvements based on current city standards.
b. Multifamily residential and non-residential.
i. For any subdivision or development associated with multifamily residential
or non-residential land uses, the applicant shall be responsible for
construction of public improvements based on current city standards.
ii. In the event that construction of required improvements would be
impractical and if it is recommended by the director of public works and
the community development director, the applicant may be required to pay
a fee-in-lieu of construction.
iii. If fees are paid in lieu of construction, the fee shall be based on an
engineer's estimate of the cost the public improvements that would
otherwise be built.
c. Single-or two-family residential.
27
i. For any subdivision or development associated with single-or two-family
residential land uses, the applicant shall be responsible for construction of
curb, gutter, and five-foot sidewalk.
ii. An applicant may choose to install the improvements or pay a fee in lieu of
construction, however in the event that construction of improvements
would be impractical and if it is recommended by the director of public
works and the community development director, then an applicant may be
required to pay a fee in lieu of construction.
iii. If fees are paid in lieu of construction, the fee shall be based on the linear
frontage of the lot and the prevailing cost of curb, gutter, and sidewalk as
determined by the public works department.
3. Timing of payment. If fees are paid in lieu of construction, the fee shall be paid to
the city as condition of approval. The timing of payment shall be as follows:
a. For subdivision plats, prior to the recordation of an approved subdivision plat.
b. For planned developments, prior to the recordation of an approved planned
development.
c. For other development, fees shall be paid prior to issuance of a building
permit or at the time specified in a condition of approval by the community
development director, planning commission or city council.
Sec. 26-418.-Agreement and financial security for required improvements.
In the event that public improvements are required by section 26-417, an applicant shall
enter into an agreement with the City that clearly establishes the responsibility of the
subdivider/developer to construct any required public improvements.
A. Subdivision improvement agreement.
1. The community development department and the subdivider shall prepare an
agreement in a format provided by the city which details the obligations of the city
and the subdivider/developer, the estimated costs of public improvements to the
property, and the amount of letter of credit which is to be supplied by the
subdivider/developer.
2. After final action on the final plat, the agreement shall be executed and recorded
with the Jefferson County Clerk and Recorder concurrently with recordation of
the final plat.
3. In the event that public improvements are required by section 26-417 separately
from a subdivision application, this agreement shall be called a public
improvement agreement. All provisions of this section shall apply.
B. Requirement for financial security.
1. With the subdivision improvement agreement, a letter of credit acceptable to the
city must be furnished by the subdivider to ensure the installation and
construction of the required improvements in a manner approved by the city and
in a reasonable period of time.
28
2. The amount of the letter of credit shall be based upon an itemized cost estimate
prepared by the developer and approved by the city.
3. The minimum guarantee shall be for one (1) clearly defined block or one (1) filing
of the subdivided area. Each filing shall be clearly defined on the plat and be
addressed in the agreement.
4. Form of guarantee:
a. The guarantee shall be for one hundred twenty-five (125) percent of the
estimated costs of the required public improvements as computed by the
subdivider and approved by the director of public works and/or the community
development director.
b. No security drawn upon a bank or financial institution having any relationship
to the subdivider or any principal, director, officer or shareholder of the
subdivider (other than the relationship of depositor or checking account
holder), shall be acceptable. The city may reject any security for any reason.
c. The guarantee shall be in the form of an irrevocable letter of credit in a form
satisfactory to the city attorney which guarantees the city that the financial
backing is available so that improvements will in fact be completed and paid
for.
i. The letter of credit may be from any financially responsible lender that is
not directly or indirectly owned or controlled by the subdivider.
ii. The letter of credit shall be in effect for a minimum period of one (1) year
and shall be renewable for subsequent one-year periods at the city's sole
discretion.
iii. The letter of credit shall be such that the city is assured that the subdivider
has funds committed to the amount and for the purpose stated in the
agreement and that in the event of a default by the subdivider, the city
shall have available to it, upon demand, funds necessary to construct
any/or all of the public improvements and pay for the same.
5. Release of guarantee:
a. Guarantee shall be held in perpetuity until released by the director of public
works.
b. The city may release portions of the letter of credit in increments of no less
than twenty-five percent (25%) at the discretion of the director of public works
upon written request of the subdivider. In such case, an amended letter of
credit shall be required.
C. Deferred construction/development covenant.
1. Where prior construction of required improvements under section 26-417 would
be impractical and if it is recommended by the director of public works and the
community development director, a development covenant may be entered into
by the City of Wheat Ridge and the owner.
29
2. The development covenant shall be signed by the director of public works and
attested by the city clerk and shall be recorded in the office of the Jefferson
County Clerk and Recorder.
3. The development covenant shall be in a format provided by the community
development and public works departments.
4. Financial guarantee may not be required in associated with a development
covenant.
D. Violation of agreement. In the event the subdivider fails to complete or pay for the
improvements outlined in the subdivision improvement agreement or development
covenant or commits any other breach of the terms of the agreement , the city may
enforce the agreement by any suit in law or equity. The city shall have the power to
enjoin any subdivider from selling , agreeing to sell or offering to sell subdivided land
before a final plat and all required improvements for such subdivided land has been
approved by the city.
Sec. 26-419.-Forms.
A. The community development director shall maintain forms of signature blocks , plat
notes and certifications for use in connection with approved plats .
B. The community development director shall maintain a fee schedule for the
processing of subdivision applications . Fees will be assessed in accordance with
section 26-108 and the established schedule .
Sees. 26-420-26-500. Reserved.
Section 2. Section 2-60 , subsections (i) through (m) of the Code , pertaining to
the functions of the planning commission , are hereby amended (with appropriate re-
lettering) to read :
(i) Minor subdivision plats without public street dedications or public reservations shall
be heard and approved by the planning commission at a public hearing. Public hearings
shall be conducted following procedures outlined in the subdivision regulations.
U) Minor subdivision plats with public street dedications or public reservations shall be
heard by the planning commission at a public hearing and shall then be forwarded with
their recommendations to city council for final approval. Public hearings shall be
conducted following procedures outlined in the subdivision regulations.
(k) Wherein the planning commission has denied a minor subdivision, an applicant may
appeal that decision to city council in accordance with paragraph (f) of this section .
'A'herein the planning commission has approved such a minor subdivision , aggrieved
adjacent property owners may appeal that decision to city council in accordance with
paragraph (f) of this section .
(I) Special use permits for curb cut modification , parking lot buffering and parking in
front of multifamily developments shall be decided by the planning commission.
30
(m)Amendments to the subdivision regulations shall be initiated by the planning
sommission or referred to it by the sity sounsil. The sommission's resommendation shall
be forwarded to the sity sounsil for amendment and/or approval within thirty (30) days of
referral of a proposed amendment by tho sity sounsil. The date of referral shall be the
date on whish the sounsil makes its desision to refer the proposed amendment to the
planning sommission. F'ailure to make any resommendation to tho sity sounsil•.vithin the
thirty day time period shall be deemed a resommendation for approval of the proposed
regulation without sommont and a referral of the proposed amendment bask to the sity
sounsil for nesessary astian. The sity sounsil may extend the thirty day period based
upon a finding that sush extension would servo the best interests of the sity.
Section 3. Section 5-45 of the Code, pertaining to required public improvements
and building permits, is hereby repealed and reenacted to read:
(a) Applications for building permits shall be reviewed by the director of public works to
determine whether the proposed construction will require the installation or
construction of public improvements including, but not limited to, street paving,
curbs, gutters, sidewalks, drainage facilities, or other improvements as may be
required by this section or the subdivision regulations.
(b) The requirements of sections 26-413, 26-414, 26-415, 26-417, and 26-417
pertaining to public improvements and the dedication of streets, parks, and public
sites shall apply to any site development regardless of whether the application is
subject to subdivision review.
(c) If a fee-in-lieu of parkland dedication is required by section 26-414, the
requirement shall be included as a condition of approval on the building permit and
payment shall be made to the city prior to issuance of a building permit.
(d) If public improvements are required by section 26-417, the requirement shall be
included as a condition of approval on the building permit. If fees are paid in lieu of
construction as provided in section 26-417, payment shall be made to the city prior
to issuance of a building permit.
(e) Any owner, contractor or developer who is aggrieved by a decision of the director
of public works requiring installation of such public improvements or payment of
funds in lieu of construction shall have the right to appeal the director's
determination to the board of adjustment pursuant to section 2-61.
(f) 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
refund the monies to the original depositor, upon satisfaction of the following
conditions:
(1) The escrow has been held by the city for ten (1 0) years or more;
(2) 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;
(3) The director must find that the original purpose of the escrowed funds has
been or cannot be fulfilled.
31
Section 4. Section 26-106 of the Code, entitled "Review process chart" is
hereby amended to read:
TABLE INSET:
Pre-Application Final
Approval Requested Notes
Staff Neighborhood Staff PC cc BOA URPC
[ ... ]
Major Subdivision X H H URA ART IV
§~e4Q4.G
Minor Subdivision X H H YAA § ~e 4Q4 .B (v.<tdedisatiens)
Minor Subdivision Appeal to CC
(wlo dedisations) X H URA ART IV
§ ~e 4Q4 .B
ADMINISTRATIVE X A ART IV SUBDIVISION
Minor Plat Gorrestion , § ~e 4Q9 X A Amendment , Revision
bot bine Adjustment X A § ~e 4~Q
Gonsolidatien Plat +§ ~e 4Q4 .D X H H YAA (wldedisatien)
Genselidatien Plat 4X A YAA § 2e ~ ~ 7 (wle dedisatien)
[ ... ]
+ If five (5) or fewer parcels , minor subdivision process applies. If more than five (5)
parcels , major subdivision process applies .
Section 5. Section 26-108, subsection A of the Code, pertaining to site
development fees , is hereby amended to remove reference to an outdated fee
schedule:
A. Procedure for payment. At the time the application for site development is first
submitted to the city, and prior to any review, the applicant shall pay to the city the fee
necessary to cover the administrative and review costs for each project requiring
review. The amount of the fee shall be established by the community development
department and KEPT is shovm on Appendix A [on file in the office of the city clerk}.
Section 6. Section 26-110 , subsection A of the Code, pertaining to public
dedications and improvements, is hereby amended to read :
32
A. PUBLIC DEDICATIONS AND IMPROVEMENTS MAY BE REQUIRED IN
CONNECTION WITH SEVERAL TYPES OF SITE DEVELOPMENT APPLICATIONS.
The requirements of sections 26-413, 26-414, 26-415, 26-417, and 26-418 26 412, 26
413 and 26 421, pertaining to subdivision review PUBLIC IMPROVEMENTS AND THE
DEDICATION OF STREETS, PARKS, AND PUBLIC SITES, shall apply to public
dedications and improvements and security therefore required in connection with any
site development APPLICATION, INCLUDING THOSE not requiring subdivision review.
Section 7. Section 26-115 of the Code is hereby amended to remove reference
to waivers:
Sec. 26-115. Variance/waivers/temporary permits/interpretations.
[ ... ]
B. Application requirements. All requests for a variance, 'Naiver, temporary permit or
interpretation, as described herein, shall be made by the filing of an application,
together with the required fee and supporting documentation.
[ ... ]
C. Variances aRd wai'tfOrs:
1. Administrative variances fifty (50) percent or less: The director of community
development is empowered to decide upon applications for administrative
variances from the strict application of any of the "development standards"
pertaining to zone districts in article II and sections 26-501 (Off-street parking)
and 26-502 (Landscaping requirements), and 26-603 (Fencing) and Article VII
(Signage) of this chapter, which apply throughout the various zone district
regulations and in other situations which may be specifically authorized in the
various sections, without requirement of a public hearing, under the following
conditions:
[ ... ]
d. That no additional dwelling units would result from approval of such variance
or waiver.
[ ... ]
3. Variances of more than fifty (50) percent: The board of adjustment is empowered
to hold public hearings to hear and decide only upon appeals for variances from
the strict application of the development standards pertaining to zone districts in
article II, sections 26-501, 26-503, 26-603 or Article VII of this chapter. Where a
variance is made a part of another administrative process, such as a change of
zone, subdivision or a formal site plan or development plan review which requires
a public hearing before the planning commission and/or city council, then the
planning commission and/or city council shall be empowered to decide upon
such variance request concurrent with such other process; however, in deciding
such variance or waiver the planning commission and/or city council shall be
subject to the voting ratio as applies to the board of adjustment, set forth in
Wheat Ridge Code of Laws section 2-53. In no instance shall the board of
33
adjustment hear or grant a variance as to use or as to an activity or development
which is prohibited by this chapter or by section 5.1 0.1 of the Charter.
[ ... ]
D. Temporary permit for uses, buildings, signs and nonoperative vehicles .
[ ... ]
2. One-month temporary permit: The director of community development is
empowered to decide upon applications for temporary buildings , uses or signs
which would not otherwise be permitted in a particular district , without
requirement of a public hearing, under the following conditions:
[ ... ]
d. The director of community development has notified adjacent property owners
in a form and manner as required for minor variances and waivers as set forth
in section 26 -109 , and has received no objections. Any objections must be
received in writing and be directly related to concerns regarding the request.
General objections regarding existing land use conditions or issues not
related to the request will not be considered grounds for objection; and
[ ... ]
E. Appeals . Appeal of any decision of the board of adjustment or city council which
eithe r grants or denies applications for variances , waivers , temporary permits , or
interpretations may be made by the applicant , the city council or any aggrieved party to
district court within thirty (30) days of the decision . Appeal of any such decision of the
planning commission may be made by the applicant , or any aggrieved party to the city
council within ten (1 0) working days of the decision .
Section 8. Section 26-116 , subsections C, G and H of the Code, pertaining to
planned building groups , is hereby amended as follows :
C. Application procedures. All applications for planned building groups shall be filed
with the department of community development by the owner of the entire land area to
be included and shall be accompanied by the APPROPRIATE APPLICATION fee set
forth in Appendix A (which is on file and a'lailable for inspection in the office of the city
~.adequate proof of ownership , a certified survey of the parcel , and a site plan
under section 26-111 .
[ ... ]
E. Subdivision of land subject to planned building group plan . Where it is desired to
subdivide a parcel of land , exclusive of condominium subdivision , which is either
currently subject to , or is proposed to be subject to , the provisions of a planned building
group plan , all requirements of the underlying zone district shall apply, except that
setback from interior lot lines (that is lot lines not abutting public streets or abutting
adjacent separately owned property) may be less than normally required if approved by
the planned commission at the time of subdivision approval. [ ... ]
34
F. It is the intent of this section that subdivision review may be carried out
simultaneously with the review of planned building group plans permitted herein. All
requirements of the subdivision regulations for either minor (four (4) or f:ewor lots) or for
major (five (5) or more lots) subdivisions, in addition to those of a planned building
group plan, must be satisfied if there are any parcel divisions created, or if there are any
dedications for streets or other public purposes. In cases where subdivision
requirements are to be met as described herein, the applicant must submit separate
sheet(s) in addition to the planned building group plan.
Section 9. Section 26-117 of the Code, pertaining to consolidation plats and
deeds, is hereby amended by the addition of subsection b (with appropriate re-lettering)
as follows:
A. REQUIREMENT FOR CONSOL/DA TION PLAT. It is the intent of the City of \'Vheat
Ridge that whore WHEN a development entails REQUIRES the aggregation or
consolidation of two (2) or more lots or parcels of land or portions thereof in order to
accommodate such development, such shall be considered a development lot. Prior to
issuance of a building permit in such instances, the owner shall file a consolidation plat.
ALL REQUIREMENTS OF THE SUBDIVISION REGULATIONS MUST BE
SATISFIED. Or a consolidation deed, together with certified boundary survey, which
plat or deed and survey shall be reviewed by the department of public works for
accuracy and, if found to be accurate, shall be recorded by the owner with the Jefferson
County Clerk and Recorder. See article IV for plat requirements.
B. PROPERTY MERGER COVENANT. NONCONFORMING LOTS OF RECORD
MAY BE MERGED AS A CONDITION OF A PERMIT OR OTHER DEVELOPMENT
APPROVAL BY A PROPERTY MERGER COVENANT. A PROPERTY MERGER
COVENANT MAY BE USED IN THE EVENT THAT AN OWNER OF TWO OR MORE
ADJACENT LOTS WHICH CONTAIN AN EXISTING RESIDENTIAL USE WISHES TO
OBTAIN A BUILDING PERMIT FOR AN ACCESSORY STRUCTURE ON THE
PROPERTY OR AN ADDITION TO THE EXISTING STRUCTURE.
THE COVENANT SHALL ENSURE THAT THE PROPERTY BE HELD AS ONE
PARCEL AND SHALL RESTRICT ANY PORTION FROM BEING SOLD
SEPARATELY. THE COVENANT SHALL BE IN A FORM APPROVED BY THE CITY
ATTORNEY, RECORDED IN THE OFFICE OF THE JEFFERSON COUNTY CLERK
AND RECORDER, AND SHALL RUN WITH THE LAND. THE COMMUNITY
DEVELOPMENT DIRECTOR SHALL HAVE THE AUTHORITY TO EXECUTE ANY
SUCH COVENANT AND ANY RELEASE OF THE COVENANT ON BEHALF OF THE
CITY.
C. All consolidation plats or consolidation deeds for multifamily dwelling development
shall be accompanied by a site plan, as set forth by section 26-111. Such consolidation
plats and deeds, together with the site plan, shall be subject to review by the planning
commission and city council following the same application procedures, notice
35
requirements and approval procedures and standards for review as for a planned
building group. The purpose of these provisions is to avoid the construction of overly
large buildings which may negatively impact surrounding neighborhoods by increasing
traffic, creating congestion by ingress/egress points, obstructing light and air and by
making access for fire protection difficult, and to prevent construction of one (1) large
building to avoid compliance with the subdivision regulations, and to encourage
construction of smaller buildings which could give opportunities for better design of
setbacks, landscaping, parking, vehicular and pedestrian circulation and drainage
facilities.
[ ... ]
Section 10. Section 26-118, subsection A of the Code, pertaining to right-of-way
vacations, is hereby amended to read:
A. Vacation by plat. When a street is being vacated as part of the platting process it
shall be graphically shown and shall be designated as being "hereby vacated". The
document for vacation in this instance shall follow the form and content of a final plat
outlined in section 26 407 and shall be processed as a major subdivision in
accordance with article IVsection 26 4078. All submittal requirements of the platting
process shall be provided by the applicant. There shall not be an additional charge for
the processing of the vacation in this instance.
Section 11. Section 26-210, subsection 8 of the Code, pertaining to Residential-
Two A zone district regulations , is hereby amended by the addition of footnote (h) as
follows:
Max Min Min Min Min Min
Max Bldg Lot Lot Front Side Rear
Height Coverage Area Width Setback Setback Setback
(a) (b) (c) (c)
Principal [ ... ]
Buildings Multifamily
(3/more 35 ' 40 % 13,050sf 100' 25 ' 5' 10'
dwelling units) (e) (d) per story
(h)
[ ... ]
(h) INDIVIDUAL TOWNHOUSE LOTS SHALL BE EXEMPT FROM MINIMUM LOT
SIZE, LOT WIDTH, AND INTERIOR SIDE YARD SETBACK REQUIREMENTS, SO
LONG AS THE DEVELOPMENT PARCEL FOR THE ENTIRE MULTI-UNIT
TOWNHOUSE BUILDING MEETS ALL STANDARDS OF THIS SECTION. SEE
SECTION 26-411.C REGARDING THE REQUIRED PLAT NOTE FOR TOWNHOUSE
LOTS.
36
Section 12. Section 26-211 of the Code , pertaining to Residential-Three zone
district regulations, is hereby amended by the addition of footnote (h) as follows:
Max Min Min Min Min Min
Max Bldg Lot Lot Front Side Rear
Height Coverage Area Width Setback Setback Setback
(a ) (b) (d) (d)
Principal [ ... ]
Buildings Multifamily
(3 /more 35' 40 % 12,500sf 100' 25 ' 15' 15'
dwelling units) (f) (e) (c) (c)
(h)
[ ... ]
(h) INDIVIDUAL TOWNHOUSE LOTS SHALL BE EXEMPT FROM MINIMUM LOT
SIZE, LOT WIDTH, AND INTERIOR SIDE YARD SETBACK REQUIREMENTS, SO
LONG AS THE DEVELOPMENT PARCEL FOR THE ENTIRE MULTI-UNIT
TOWNHOUSE BUILDING MEETS ALL STANDARDS OF THIS SECTION. SEE
SECTION 26-411.C REGARDING THE REQUIRED PLAT NOTE FOR TOWNHOUSE
LOTS.
Section 13. Section 26-212 of the Code , pertaining to Residential-Three A zone
district regulations, is hereby amended by the addition of footnote (h) as follows :
Max Min Min Min Min Min
Max Bldg Lot Lot Front Side Rear
Height Width Setback Setback Setback Coverage Area (a) (b) (d) (d)
Principal [ ... ]
Bu il dings Multifamily
(3 /more 35 ' 40 % 12,500sf 100 ' 25 ' 15' 15'
dwell ing un its) (f) (e) (c) (c)
(h)
[ ... ]
(h) INDIVIDUAL TOWNHOUSE LOTS SHALL BE EXEMPT FROM MINIMUM LOT
SIZE, LOT WIDTH, AND INTERIOR SIDE YARD SETBACK REQUIREMENTS, SO
LONG AS THE DEVELOPMENT PARCEL FOR THE ENTIRE MULTI-UNIT
TOWNHOUSE BUILDING MEETS ALL STANDARDS OF THIS SECTION. SEE
SECTION 26-411.C REGARDING THE REQUIRED PLAT NOTE FOR TOWNHOUSE
LOTS.
Section 14. Article VI of Chapter 26 of the Wheat Ridge Code of Laws ,
concerning supplementary development regulations , is hereby amended by the addition
37
of a new Section 26-639 (previously part of the subdivision regulations) to read in its
entirety:
Sec. 26-639. -Street naming and numbering.
A. Designation. The community development director shall designate the proper street
names and numbers and addresses for all structures.
B. Guidelines for street naming.
1 . The city-wide street numbering system is based upon the Denver Metropolitan
system .
2. Streets running east and west are avenues .
3. Streets running north and south are streets.
4. Streets running east and west, halfway between established grids, shall take the
name of the avenue preceding , with the suffix "place."
5. Streets running north and south halfway between established grids shall take the
name of the street preceding, with the suffix "court."
6. Streets running east and west and connecting with an east and west avenue
shall be a "drive ."
7. Streets running north and south and connecting with a north-south street shall be
a "way."
8. Horseshoe-shaped streets beginning and ending within a major block , or dead
end streets, shall be a "circle." It is suggested that the term "circle" should be
used sparingly. If at all possible, a "way" or "drive" should be used except in the
case of absolute necessity.
9. Streets should line up on a grid with existing streets and avenues preferably with
those existing prominently in the metropolitan area.
10. Street signs should be readable from each direction of travel.
11 . Temporary signs shall be required during construction period.
12 . Names should be of simple spelling for easy pronunciation .
C. Guidelines for structure numbering (addressing).
1. Structures including those on private drives shall be addressed to the street from
which primary access is gained.
2. Numbers shall continue north and south from the base street, Ellsworth, and east
and west from the base street, Broadway.
3. Numbers should be systematically spaced from 0 to 99 on each "major" block so
that the 50 will be in the middle of the block.
4. Odd numbers shall be on the west and north sides of the street. Even numbers
shall be on the east and south sides.
5. All address numbers shall be readable from the street.
38
6. Developments with multiple main structures. In cases where a single
development that is under common or unified control or ownership has more than
one (1) main structure, each such structure shall be assigned a single address
based upon orientation of the primary building access and with regard to the
normal grid system for address numbering.
7. Developments with a single building and with multiple units. Except for two-,
three-, or four-family residential structures where a single building is divided into
multiple units, either for residential or nonresidential, and either as units occupied
by renters/lessors or by ownership, (i.e., a condominium or townhouse), each
such building shall have a single address with the various units indicated by
different means, such as by unit letter or number. A two-, three-or four-family
dwelling structure may either have individual addresses, or one (1) address for
the building with unit designation as defined above.
8. For circle or horseshoe-shaped streets, numbering shall be in accordance with
the numbering on the street or avenue where the horseshoe or circle originates,
and numbers should not duplicate those on the major street.
D. Notice to place number.
1. It shall be the duty of any owner/occupant of any premises, upon notice from the
community development director to cause the official number to be placed on any
building so owned or occupied. Such numbering shall be accomplished in the
manner required within thirty (30) days after service of such notice. For
establishments where fire access is gained from the rear, both rear and front
doors shall have the addresses posted.
2. It is unlawful for any owner/occupant to retain or use or to permit to be retained
or used upon any building, any number other than the number designated by the
community development director.
E. Renumbering and renaming.
1. In all cases where a street has been named or numbered or renamed or
renumbered pursuant to any other legal requirement, as the same may be
required from time to time by action of the city council, it shall be the duty of the
community development director to adjust and rename or renumber such streets .
2. The community development director may require or approve a request for a
change of address, after proper notification of the owner and all affected
agencies, on any property under one (1) or more of the following instances:
a. In response to a street rename or change in number as described above.
b. If an address is out of proper sequence.
c. If an odd or even number is on the wrong side of a street.
d. If the number series presently in use is incorrect or misleading.
e. If a change in a street intersection or street location makes a present address
outmoded or misleading.
39
f. Where identical numbers are found on the same street, or on streets which
have the same number or name but different suffixes (i.e . street , avenue ,
place , etc.)
g. Where the assigned address is not being used .
h. Where subdiv ision or building development on one (1) large parcel would
make an existing address misleading or out of sequence .
i. Where the structure is not addressed to the street from which primary access
is gained.
j. Other situations not stated above which may cause problems with mail
delivery, emergency service , or other public safety or service reason as
determined appropriate by the community development director.
F. Adjustments. In all cases where there is a mistake or conflict in names or numbers ,
or where some special arrangement varying from the general terms of this chapter is
necessary , the community development director shall direct and make the proper
adjustment of the same in harmony with the spirit and intention of this chapter.
Section 15. Section 26 -705 , subsection C of the Code , is hereby amended to
remove reference to an outdated fee schedu le:
C. Fees for the erection of signs ARE ASSESSED AS PART OF BUILDING PERMIT
REVIEW AND ISSUANCE shall be established and set forth in Appendix A. Permit fees
and city use tax will be waived where a nonconforming sign is removed and replaced by
a sign conforming with these regulations
Section 16. Section 26-708 , subsection A of the Code , pertaining to building
addresses , is hereby amended as follows :
A. Building addresses.
1. House or building address number signs shall be consistent with section ~
419 C. E. 26-639 of the zoning and development code .
Section 17. Section 26-709 , subsection 13.g of the Code, pertaining to
residential signs , is hereby amended as follows :
TABLE INSET:
Table 1.
SIGN STANDARDS IN RESIDENTIAL, AGRICULTURAL, AND PUBLIC FACILITIES ZONES
(R-1 , R-1 A, R-1 B, R-1 C, R-2 , R-2A, R-3, R-3A, A-1 , A-2 , PF)
Permit Maximum Maximum Minimum Type of Sign Allowed Requ ired Size and Number Setback Other Requirements
Height
[ ... ]
g. House or Yes No N/A N/A N/A Must meet the
40
building provis ions of Gt:lapteF
address 26 , Artiale IV , Sea. 26
number 44Qc.. SEE§ 26-639
signs
Section 18. Section 26-710 , subsection 13.g of the Code, pertaining to
residential signs , is hereby amended as follows:
TABLE INSET:
Table 2.
SIGN STANDARDS IN COMMERCIAL , INDUSTRIAL AND MIXED USE DISTRICTS
(NC , RC , C-1 , C-2, 1-E , MU-C, MU-C TOO, MU-C Interstate, MU-N)
Maximum Permit Maximum Minimum Type of Sign Allowed Required Size and Number Setback Other Requirements
Height
[ ... ]
g. House or Must meet the building
address
number
signs
prov isions of Gt:lapteF Yes No N/A N/A N/A 26 , .A.rtiale IV, Sea . 26
44QG., SEE § 26-639
Section 19. Appendix A of Chapter 26 , pertaining to a proposed fee schedule, is
hereby repealed.
Section 20. 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 21. 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 22. 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 8 to 0 on
this 14th day of April , 2014 , ordered published with Public Hearing and consideration on
final passage set for Monday, April 28 , 2014 at 7:00 p.m., in the Council Chambers ,
7500 West 29th Avenue , Wheat Ridge , Colorado .
41
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of_ to_, this day of , 2014 .
SIGNED by the Mayor on this __ day of _____ , 2014.
ATIEST:
Janelle Shaver, City Clerk
First Publication: April17 , 2014
Second Publication :
Wheat Ridge Transcript
Effective Date:
Joyce Jay, Mayor
Approved as to form
Gerald E. Dahl, City Attorney
42
Streetscape Impact Fee Study
City of Wheat Ridge, Colorado
Prepared March 19 , 20 14
Attachment 2
.,. .. ~~
... ~ ., City of ~WheatRt_dge
I. Introduction
The City of Wheat Ridge has identified a need for public streets to include (at a minimum) curb,
gutter, and attached sidewalk. This study evaluates a streetscape impact fee that will apply to
certain types of development for the purpose of financing curb, gutter, and sidewalk
improvements. A development fee or impact fee is a legislatively created , one-time fee that
applies to a broad class of development. Impact fees are a common means of generating revenue
to finance public improvements.
Local governments are specifically authorized by state statute (C.R.S. §29-20-1 04.5) to adopt,
calculate , and collect impact fees or other similar development charges for the purpose of capital
facilities. The purpose of this study is to establish a reasonable fee that meets three goals:
• Ensures consistency when requiring fees-in-lieu of construction for public improvements ,
• Supports the City 's goals of providing bicycle and pedestrian facilities , and
• Promotes fair and equitable requirements and fees.
II. Level-of-Service Standards for Public Streets
Among local streets in the Wheat Ridge , curb and gutter are intermittent and sidewalks are rare.
Even along arterial and collector roadways , sidewalks are sparse and segmented. Given these
existing conditions , the City 's comprehensive plan , Envision Wheat Ridge (2009), includes
several goals and policies related to transportation. These address the City 's desire to offer
expanded travel options, improve the bicycle and pedestrian network, provide multi-modal
connections , and identify funding sources to implement bicycle and pedestrian improvements.
In order to implement the comprehensive plan and promote high-quality streets, the City has
adopted two guiding documents. The Bicycle and Pedestrian Master Plan (BPMP) was adopted
by City Council by motion on August 9, 2010 , and the Streetscape Design Manual (SDM) was
adopted by City Council on March 28 , 20 II through Ordinance 1481. These documents
establish cross-sections and minimum design standards for public streets in the City. They also
affirm the policy goal of improving street infrastructure and accommodating all users and travel
modes within the right-of-way. While the cross-sections in these documents range in size and
amenities , the minimum standard provides curb, gutter, and a five-foot attached sidewalk.
III. Applicability of Development Fee
Funding for implementation of bicycle and pedestrian improvements continues to be a challenge,
but incremental improvements have been made with new development. Section 26-417 of the
Wheat Ridge Municipal Code addresses public improvement requirements . Where adjacent
improvements are substandard or nonexistent, the provision of streetscape improvements can be
required as a condition of approval for any subdivision or development application that results in
one or more of the following:
a. Dedication or construction of new roads ,
b. Platting of new lots ,
c. New development or redevelopment, or
d. Additions that increase existing floor area by 60% or more .
2
The code differentiates between construction requirements or fees-in-lieu for three categories of
development: projects with new public streets , projects for multi-family or commercial land uses,
and projects for single-or two-family homes. Of these , the third category is the subject of this
impact fee study.
When single-and two-family residential development triggers streetscape improvements , an
applicant is responsible for construction of curb, gutter, and a five-foot attached sidewalk. This
is the minimum standard for a local street and will be required regardless of whether the subject
property is adjacent to a local , collector, or arterial roadway . In most circumstances , an applicant
may choose to build the improvements or pay a fee-in-lieu. In the event that construction of
improvements would be impractical and if it is recommended by the director of public works and
the community development director, then an applicant may be required to pay a fee in lieu of
construction.
IV. Calculation of Fee Amount
If fees are paid or required in lieu of construction , they are calculated based on the linear
frontage of the lot and the cost of curb , gutter, and a 5-foot attached sidewalk. Where partial
improvements already exist, the fee will be adjusted accordingly. The calculation for a street
improvement fee includes four components; these are described below and summarized in
Table 1.
1. Excavation & Embankment-This includes site grading and ground preparation,
including the removal or import of less than one-foot of fill material. The excavated area
is area is 7.5 feet wide ; for each linear foot this area is 0.83 square yards in size
(7 .5 feet + 9 square feet or 1 square yard).
2. Reconditioning-This includes the compaction and stabilization of the ground area prior
to installation of improvements. This area is also 7.5 feet wide or 0.83 square yards in
size.
3. Sidewalks-This include the material costs for a sidewalk that is 6 inches in depth and 5
feet in width . For each linear foot this area is 0.56 square yards in size (5 feet + 9 square
feet).
4. Curb and Gutter-This includes the material costs for a standard vertical curb and gutter.
Table 1 on the following page shows the median cost of each component as determined by the
Public Works Department. These costs will be used to determine the streetscape impact fee and
will be adjusted annually based on price fluctuations and inflation.
3
Table 1. Streetscape improvement cost per linear foot, as of March 2014
Quantity Unit Unit Item Item Cost Cost
1 Excavation & Embankment
Earthwork -rough grade -7 .5' wide 0.83 SY $ 5.98 $ 4.96
Earthwork -fine grade -7 .5' wide 0.83 SY $ 1.23 $ 1.02
2 Reconditioning
Reconditioning & proofrolling-7.5' wide 0 .83 SY $ 1.97 $ 1.64
3 Sidewalk
Concrete sidewalk-6" thick and 5' wide 0.56 SY $43.02 $24.09
4 Curb & Gutter
Vertical curb & gutter 1 LF $20.64 $20.64
Total cost per linear foot $52.35
SY =square yard LF = linear feet
Appendix A includes the City's standard construction details that are associated with these cost
estimates. Using the costs outlined above, the following formula shall be used to determine the
street improvement fee for each applicable property:
(linear feet of public street frontage) x (streetscape improvement cost per linear foot)
V. Timing and Collection of Fees
State statute (C.R.S. §29-20-1 04.5) allows fees to be collected at the time of final approval of
any development application including for any rezoning, planned development, conditional or
special use permit, subdivision, development or site plan , or similar application for new
construction. Likewise , Section 26-417 of the Wheat Ridge Municipal Code provides that fees
will be collected at the time of final approval. For an approved subdivision plat or planned
development this is prior to recordation of an approved document. For other development, fees
shall be paid prior to issuance of a building permit or at a time specified as a condition of
approval.
C.R.S. §29-1-803 provides for the collection of land development fees and allows such fees to be
aggregated. All collected fees will be deposited into a city account dedicated for streetscape
improvements.
4
~~A~
... ~ City of
p\VheatR!ege
PLANNING COMMISSION
Minutes of Meeting
April3, 2014
1. CALL THE MEETING TO ORDER
The meeting was called to order by Chair BRINKMAN at 7:01 p.m. in the City Council
Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge , Colorado .
2. ROLL CALL OF MEMBERS
Commission Members Present:
Commission Members Absent:
Staff Members Present:
3. PLEDGE OF ALLEGIANCE
Anne Brinkman
Alan Bucknam
Emery Dorsey
Silke Popp
Scott Ohm
Amanda Weaver
Steve Timms
Lauren Mikulak, Planner
Kim Waggoner, Recording Secretary
4. APPROVE ORDER OF THE AGENDA
It was moved by Commissioner BUCKNAM and seconded by Commissioner OHM
to approve the order of the agenda. Motion carried 6-0.
5. APPROVAL OF MINUTES-March 20, 2014
It was moved by Commissioner OHM and seconded by Commissioner DORSEY to
approve the minutes of March 20, 2014, as written. Motion carried S-0 with
Commissioner WEAVER abstaining.
6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing
on the agenda.)
No one wished to speak at this time.
7. PUBLIC HEARING
Planning Commission Minutes
April3,2014
-1 -
Attachment 3
gutter. His neighborhood had gutters and curbs installed on the cul-de-sac 28-years ago.
Some lots have sidewalks with curbs and gutters, some lots have nothing and some lots
have curbs and gutters and no sidewalk . He stated his property has existing curbs and
gutters. He asked if he were to build vertically would he have to install sidewalks . Ms .
Mikulak stated a project with existing curb and gutter but no sidewalk would require only
sidewalk . Ms. Mikulak stated this inconsistency in street improvements is recognized as
an issue. Without the funding to do a comprehensive fix on each street, the code
amendment provides a framework for incremental improvements to be achieved.
Commissioner POPP asked if there are standard fees or contractor quotes for public
improvements. Ms. Mikulak stated the city would establish the fee . The impact fee
study outlines the current prevailing costs for material and these costs would be reviewed
and updated annually.
Commissioner OHM inquired about administrative subdivision review. If the criteria are
not met does it move into the minor category. Ms. Mikulak stated if a plan does not meet
all the subdivision requirements it is including either a waiver or variance which will be
reviewed by Planning Commission and City Council.
Chair BRINKMAN asked if there was any notification to the public for the
administrative plat review procedure. Ms. Mikulak replied no . If an administrative
subdivision plat meets the requirements there is no opportunity to deny due to an
objection from the neighborhood .
Chair BRINKMAN asked for clarification regarding whether or not Planning
Commission is the final authority for deciding upon a minor subdivision. Ms . Mikulak
confirmed they are but stated that any land use decision can be appealed .
Chair BRINKMAN asked why the term waivers was eliminated from section 26-115.
Ms. Mikulak stated that section of code applies only to variances . Planning Commission
hears variances when it is associated with another land use application but typically
variances are reviewed of as a quantitative request. Waivers are described in the
subdivision regulations and are distinct from variances.
Chair BRINKMAN asked how often the cash in lieu fee schedule will be revisited. Ms .
Mikulak stated it is still being worked on. The fee schedule would be adopted by City
Council by Resolution and the review frequency would be addressed in the first
resolution.
Chair BRINKMAN stated she is concerned about the lack of public input since
subdivision regulations prepare land for development. The neighborhood would be
aware that something is happening.
Commissioner BUCKNAM stated he shared Chair BRINKMAN's concern when a large
parcel of land is eligible for subdivision.
Planning Commission Minutes
April3,2014
-3 -
Streetscape Impact Fee Study
City of Wheat Ridge, Colorado
Prepared March 19, 2014
~ .. ~.,.
... r City of ~Wlieat~dge
I. Introduction
The City of Wheat Ridge has identified a need for public streets to include (at a minimum) curb,
gutter, and attached sidewalk. This study evaluates a streetscape impact fee that will apply to
certain types of development for the purpose of financing curb, gutter, and sidewalk
improvements. A development fee or impact fee is a legislatively created , one-time fee that
applies to a broad class of development. Impact fees are a common means of generating revenue
to finance public improvements .
Local governments are specifically authorized by state statute (C.R.S. §29-20-1 04.5) to adopt,
calculate, and collect impact fees or other similar development charges for the purpose of capital
facilities. The purpose of this study is to establish a reasonable fee that meets three goals:
• Ensures consistency when requiring fees-in-lieu of construction for public improvements ,
• Supports the City 's goals of providing bicycle and pedestrian facilities , and
• Promotes fair and equitable requirements and fees.
II. Level-of-Service Standards for Public Streets
Among local streets in the Wheat Ridge , curb and gutter are intermittent and sidewalks are rare.
Even along arterial and collector roadways, sidewalks are sparse and segmented. Given these
existing conditions, the City 's comprehensive plan , Envision Wheal Ridge (2009), includes
several goals and policies related to transportation. These address the City 's desire to offer
expanded travel options , improve the bicycle and pedestrian network , provide multi-modal
connections , and identify funding sources to implement bicycle and pedestrian improvements.
In order to implement the comprehensive plan and promote high-quality streets , the City has
adopted two guiding documents. The Bicycle and Pedestrian Master Plan (BPMP) was adopted
by City Council by motion on August 9, 2010 , and the Streelscape Design Manual (SDM) was
adopted by City Council on March 28 , 20 II through Ordinance 1481. These documents
establish cross-sections and minimum design standards for public streets in the City. They also
affirm the policy goal of improving street infrastructure and accommodating all users and travel
modes within the right-of-way . While the cross-sections in these documents range in size and
amenities , the minimum standard provides curb, gutter, and a five-foot attached sidewalk .
III. Applicability of Development Fee
Funding for implementation of bicycle and pedestrian improvements continues to be a challenge,
but incremental improvements have been made with new development. Section 26-417 of the
Wheat Ridge Municipal Code addresses public improvement requirements. Where adjacent
improvements are substandard or nonexistent, the provision of streetscape improvements can be
required as a condition of approval for any subdivision or development application that results in
one or more of the following:
a. Dedication or construction of new roads ,
b. Platting of new lots ,
c. New development or redevelopment, or
d. Additions that increase existing floor area by 60% or more.
2
The code differentiates between construction requirements or fees-in-lieu for three categories of
development: projects with new public streets , projects for multi-family or commercial land uses ,
and projects for single-or two-family homes. Of these, the third category is the subject of this
impact fee study.
When single-and two-family residential development triggers streetscape improvements, an
applicant is responsible for construction of curb, gutter, and a five-foot attached sidewalk. This
is the minimum standard for a local street and will be required regardless of whether the subject
property is adjacent to a local , collector, or arterial roadway. In most circumstances, an applicant
may choose to build the improvements or pay a fee-in-lieu. In the event that construction of
improvements would be impractical and if it is recommended by the director of public works and
the community development director, then an applicant may be required to pay a fee in lieu of
construction.
IV. Calculation of Fee Amount
If fees are paid or required in lieu of construction , they are calculated based on the linear
frontage of the lot and the cost of curb, gutter, and a 5-foot attached sidewalk. Where partial
improvements already exist, the fee will be adjusted accordingly. The calculation for a street
improvement fee includes four components; these are described below and summarized in
Table 1.
1. Excavation & E mbankment-This includes site grading and ground preparation ,
including the removal or import of less than one-foot of fill material. The excavated area
is area is 7.5 feet wide ; for each linear foot this area is 0.83 square yards in size
(7 .5 feet + 9 square feet or 1 square yard).
2. Reconditioning-This includes the compaction and stabilization of the ground area prior
to installation of improvements. This area is also 7.5 feet wide or 0.83 square yards in
SIZe.
3. Sidewalks-This include the material costs for a sidewalk that is 6 inches in depth and 5
feet in width. For each linear foot this area is 0.56 square yards in size (5 feet + 9 square
feet).
4. Curb and Gutter-This includes the material costs for a standard vertical curb and gutter.
Table I on the following page shows the median cost of each component as determined by the
Public Works Department. These costs will be used to determine the streetscape impact fee and
will be adjusted annually based on price fluctuations and inflation.
3
Table 1. Streetscape Improvement cost per linear foot, as of March 2014
Item Quantity Unit Unit Item
Cost Cost
1 Excavation & Embankment
Earthwork -rough grade - 7 .5' wide 0.83 SY $ 5.98 $ 4.96
Earthwork-fine grade-7 .5' wide 0 .83 SY $ 1.23 $ 1.02
2 Reconditioning
Recond iti on ing & proofrolling-7.5' w ide 0.83 SY $ 1.97 $ 1.64
3 Sidewalk
Concrete sidewalk-6" thick and 5' wide 0 .56 SY $43.02 $24.09
4 Curb & Gutter
Vertical curb & gutter 1 LF $20.64 $20.64
Total cost per linear foot $52.35
SY = square yard LF = linear feet
Appendix A includes the City's standard construction details that are associated with these cost
estimates. Using the costs outlined above , the following formula shall be used to determine the
street improvement fee for each applicable property:
(linear feet of public street frontage) x (streetscape improvement cost per linear foot)
V. Timing and Collection of Fees
State statute (C.R.S. §29-20-1 04.5) allows fees to be collected at the time of final approval of
any development application including for any rezoning, planned development, conditional or
special use permit, subdivision, development or site plan , or similar application for new
construction. Likewise , Section 26-417 ofthe Wheat Ridge Municipal Code provides that fees
will be collected at the time of final approval. For an approved subdivision plat or planned
development this is prior to recordation of an approved document. For other development, fees
shall be paid prior to issuance of a building permit or at a time specified as a condition of
approval.
C.R.S. §29-1-803 provides for the collection of land development fees and allows such fees to be
aggregated. All collected fees will be deposited into a city account dedicated for streetscape
improvements.
4
APPENDIX A
PAY ITEMS:
CONCRETE SIDEWALK (6") (SY)
1-s-o·
6" l I 2% TO s:R~ET .
Tr •. :.
SUBGRADE COMPACTED TO
MINIMUM DENSITY PER
SOIL CLASSIFICATION ,
COOT SECTION 203.07
SIDEWALK SECTION
SIDEWALK SECTION
~ ~ ~ ~ ~ r City of ~WheatRi_dge
DEPTARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION APPROVED BY : SNN
c
Council Action Form
April 28 , 2014
Page 2
practices, not only for the community as a whole , but also for municipal operations. Three
categories organize municipal goals: waste reduction and recycling, natural resource
conservation and management, and energy and transportation.
The proposed amendment of section 26-109 builds on an effort of the Community Development
Department to further the City's goals related to sustainability and increased efficiency.
Letter Notice
Section 26-1 09 of the zoning code establishes the public hearing notice procedure. These
provisions require that a letter be sent to each property owner within 300 feet of a subject
property. The code specifically requires letters to be sent via USPS certified mail. This service
allows a sender to know when an item is delivered or delivery is attempted , but delivery requires
the signature of a recipient.
Each certified letter now costs the City $3.78. In addition to cost considerations , certified
mailings are no longer an efficient method of notice . The post office attempts to deliver each
certified letter three times , and if an adult recipient is not available to sign for it the mailing is
returned to the post office and must be picked up there. Many letters are not retrieved resulting
in a waste of money and a failure to notify property owners.
If the City sent public hearing notices by first class mail , savings could be in the thousands of
dollars each year. In addition , the likelihood of delivery is increased because a recipient
signature would no longer be required. Staff would like to remove the cer(iji ed mai,ling
requirement from the code and specify that first class maiJ is acceptable for letter notice. Staff
will continue to send mail from the post office to provide evidence of the date that letters were
presented to the post office for mailing.
Published and Posted Notic e
In addition to mailing letters , public hearings are a1mounced through publications and sign
postings. The proposed code amendment will include cleanup of two items in the code which
are unclear and inconsistent with current practice.
Regarding published notice , a public hearing is announced in two places : in a local newspaper
(typically the Wheat Ridge Transcript) and also in the Legal Notices section of the City's
website. For the last several years , the newspaper publication has included the property address ,
the land use request , and the hearing details. The website publication includes this same
information , in addition to the full legal description . The legal description is excluded from the
newspaper because it can be lengthy, confusing, and add cost. The proposed code amendment
simply clarifies that this is the current practice.
Regarding posted notice, applicants are provided a sign that is displayed on the property for 15
days prior to the public hearing. The code includes an inconsistency in which it mentions a 10-
day and 15-day posting period. Staff is recommending this error be corrected , so the code
consistently refers to a 15-day posting period.
Council Action Form
April 28 , 2014
Page 3
RECOMMENDATIONS:
Staff recommends approval of the ordinance.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 03-2014 , an ordinance amending Section 26-109 of
Chapter 26 of the Wheat Ridge Code of Laws , concerning public noticing requirements ,
on second reading and that it take effect 15 days after final publication.
Or,
"I move to postpone indefinite} y the ordinance amending Section 26-109 of Chapter 26
of the Wheat Ridge Code of Laws, concerning public noticing requirements , for the
following reason(s) "
REPORT PREPARED BY;
Lauren Mikulak , Planner II
Meredith Reckert, Senior Plrumer
Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 03-2014
2. Planning Commission Meeting Minutes (March 20 , 2014)
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER FITZGERALD
COUNCIL BILL NO. 03
ORDINANCE NO. ___ _
Series 2014
TITLE: AN ORDINANCE AMENDING SECTION 26-109 OF CHAPTER 26
OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING PUBLIC
NOTICING REQUIREMENTS (CASE NO. ZOA-14-02)
WHEREAS, the City Council of the City of Wheat Ridge is authorized by the
Home Rule Charter and the Colorado Constitution and statutes to enact and enforce
ordinances for the preservation of the public health, safety and welfare; and
WHEREAS, in the exercise of that authority, the City Council of the City of
Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the
"Code") pertaining to zoning, land use, and development; and
WHEREAS, the Wheat Ridge City Council ("Council") has previously enacted
regulations concerning the noticing requirements associated with public hearings for
land use applications; and
WHEREAS, the City has identified a need to update these requirements for the
purposes of clarity, cost savings, sustainability, efficiency; and
WHEREAS, the City believes that this update does not diminish the quality,
duration, or extent of public notification;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Subsection 26-109.8 of the Code, concerning published notice, is
hereby amended as follows:
B. Newspaper publication PUBLISHED NOTICE. At least ten (10) days prior to
any public hearing for a specific site or development which requires approval by the
planning commission, board of adjustment or city council, the director of community
development shall cause to be published, ON THE CITY'S WEBSITE AND in the legal
section of a newspaper of general circulation within the city, a notice of public hearing.
The notice shall specify the kind of action requested; the hearing authority; the time,
date and location of hearing; and the location of the parcel under consideration by betA
STREET address and legal description. A LEGAL DESCRIPTION OF THE PARCEL
UNDER CONSIDERATION SHALL ALSO BE SPECIFIED IN THE NOTICE
PUBLISHED ON THE CITY'S WEBSITE.
[ ... ]
Section 2. Subsection 26-109.C of the Code, concerning posted notice, is
hereby amended as follows:
Attachment 1
C. Posted notice. At least ten (10) FIFTEEN (15) days prior to any public hearing
for a specific site development which requires approval by the planning commission,
board of adjustment or city council, the director of community development shall cause
to be prepared, and the applicant shall post, a sign (one (1) per street frontage) upon
the parcel under consideration for approval which provides notice of the kind of action
requested; the hearing authority; the time, date and location of hearing; and the location
of the parcel under consideration by address or approximate address. The sign shall be
posted within the property boundaries, shall be affixed to a flat surface, shall measure
twenty-two (22) inches in height by twenty-eight (28) inches in width, shall be elevated a
minimum of thirty (30) inches from the ground (however, not more than six (6) feet
above ground), shall be visible from the street without any obstructions, shall be legible
and displayed for fifteen (15) days prior to the public hearing. The sign shall be
maintained in good condition by the applicant throughout the ten (10) FIFTEEN (15) day
posting period. The sign shall be removed within seventy-two (72) hours from the date
the public hearing is concluded . The fact that a parcel was not continuously posted the
full ten (1 0) FIFTEEN (15) days may not, at the discretion of the hearing authority,
constitute grounds for continuance where the applicant can show that a good faith effort
to meet this posting requirement was made.
Section 3. Subsection 26-109.0 of the Code, concerning letter notice, is hereby
amended as follows:
D. Letter notice. At least ten (10) FIFTEEN (15) days prior to any public hearing
which requires notification by letter, the director of community development shall cause
to be sent, by certified FIRST CLASS mail, a letter to adjacent property owners within
three hundred (300) feet of the property under consideration and to owners of property
included within the area under consideration. The letters shall specify the kind of action
requested; the hearing authority; the time , date and location of hearing; and the location
of the parcel under consideration by address or approximate address. Failure of a
property owner to receive a mailed notice will not necessitate the delay of a hearing by
the hearing authority and shall not be regarded as constituting inadequate notice.
Section 4. Subsection 26-115.A of the Code, concerning variances, is hereby
amended as follows:
A. Purpose. Where it is desired to gain relief from the strict application of any
provision of this chapter or to seek an interpretation of the provisions or associated
official maps, appeal to the appropriate authority as described below shall be made in
accordance with the requirements relating to the specific type of appeal. Where a public
hearing is required, notification shall occur by newspaper publication, posting, and
certified letter as prescribed in section 26-109.
Section 5. 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
2
Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be attained.
Section 6. 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 7. 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 8 to 0 on
this 14th day of April, 2014, ordered published with Public Hearing and consideration on
final passage set for Monday, April 28, 2014 at 7:00 p.m., in the Council Chambers,
7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of_ to _, this day of , 2014.
SIGNED by the Mayor on this __ day of _____ , 2014.
ATTEST:
Janelle Shaver, City Clerk
First Publication: April17, 2014
Second Publication:
Wheat Ridge Transcript
Effective Date:
Joyce Jay, Mayor
Approved as to form
Gerald E. Dahl, City Attorney
3
~~~~
... _ ~ City of
?\VheatRi_dge
PLANNING COMMISSION
Minutes of Meeting
March 20,2014
1. CAL.L THE MEETING TO ORDER
The meeting was called to order by Chair BRINKMAN at 7:05 p.m. in the City Council
Chambers of the Municipal Building, 7500 West 29'h Avenue, Wheat Ridge, Colorado .
2. ROLL CALL OF MEMBERS
Commission Members Present:
Commission Members Absent:
Staff Members Present:
Anne Brinkman
Alan Bucknam
Emery Dorsey
Silke Popp
Scott Ohm
Steve Timms
Amanda Weaver
Lauren Mikulak, Planner
Steve Art, Urban Renewal Manager/Economic
Development Manager
Gerald Dahl, City Attorney
Kim Waggoner, Recording Secretary
3. PLEDGE OF ALLEGIANCE
4. APPROVE ORDER OF THE AGENDA
It was moved by Commissioner TIMMS and seconded by Commissioner OHM to
approve the order of the agenda. Motion carried 6-0.
5. APPROVAL OF MINUTES-February 6, 2014
Commissioner OHM requested item #1 to be changed from Chair BRINKMAN to Vice
Chair OHM and the signature line to be changed from Anne Brinkman, Chair to Scott
Ohm, Vice Chair.
It was moved by Commissioner OHM and seconded by Commissioner TIMMS to
approve the minutes of February 20, 2014, with the proposed changed as requested
Planning Commission Minutes
March 20, 2014
Attachment 2
- 1-
by Commissioner OHM. Motion carried 4-0 with Chair BRINKMAN and
Commissioner DORSEY abstaining.
6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing
on the agenda.)
No one wished to speak at this time.
7. PUBLIC HEARING
A. Case No. ZOA-14-02: Amendment to Public Noticing Requirements in Section 26-
1 09 of the Municipal Code.
This case was presented by Lauren Mikulak. She entered all pertinent documents into the
record and advised the Commission there was jurisdiction to hear the case . She stated the
city staff has adopted a sustainability policy and plan and the Community Development
department has considered how to reduce inefficiencies and waste . She reviewed the
staff report and answered questions from the Commissioners .
Commissioner POPP asked if all locations in Wheat Ridge have street addresses . Ms .
Mikulak stated only vacant land is not addressed .
Commissioner DORSEY stated delivered certified mail can be verified. Ms. Mikulak
stated more letters can be delivered to citizens via first class mail.
Commissioner BUCKNAM asked if there was any legal jeopardy for claims of
undelivered mail. Mr. Dahl stated there is no legal requirement that letter notices be sent
via certified mail.
Commissioner OHM stated he has no objection to first class mail in place of certified
mail for the convenience of not having to go to the post office to pick up mail after work .
He suggested residents provide an email address and sign a statement of notification
preference by email. Ms. Mikulak stated addresses are pulled from the Assessor's
ownership records which is a reliable source of information. The records are updated
quarterly. She stated email addresses would be difficult to track. The city website does
have a "Notify Me" feature for events and public hearings .
Chair BRINKMAN closed the public hearing as there were no members in the audience
to speak .
It was moved by Commissioner BUCKNAM and seconded by Commissioner
TIMMS to recommend approval of the proposed ordinance amending section 26-
109 of Chapter 26 of the Wheat Ridge Code of Laws, concerning public noticing
requirements.
Motion carried 6-0.
Planning Commission Minutes
March 20,2014
-2-
Council Action Fonn
April28 , 2014
Page2
FINANCIAL IMPACT:
As a result of approving this second amendment, RWR would enter into a TIF agreement with
MVG on or around May 14 , 2014. The TIF would include the sales tax and property tax
increments generated on this site. An independent impact analysis indicates a current property
tax base of $78,741 and a sales tax base of approximately $31 ,500. All affected agencies ,
including the City, will continue to receive their current tax base portion of property and sales
tax as per Urban Renewal law . At full build out, the projects pro fom1a estimates the property
tax increment in 2016 will be just over $148,000 and increasing to $271 ,000 by 2038. In
addition , the sales tax increment in 2015 is projected to be just over $460,000 and increasing to
approximately $744 ,000 by 2038 .
BACKGROUND:
The site for the future MVG redevelopment has had many uses since its original agricultural
purpose in 193 7. In the 1940s, the small complex located behind the Starbucks was constructed .
In 1961 , the existing commercial structure was completed for the original Safeway grocery store.
That building now houses the Family Thrift Store. In 1974, two additional commercial
structures were built. These two building are occupied by Clancy's Irish Pub , Starbucks and
Cost Cutters , along with a few minor tenants.
During its 40 years of operations , the entire shopping center has fallen into disrepair. Numerous
code enforcement issues are continually addressed by the City including potholes and weeds in
the parking lot, illegal dumping, transient occupancy of the vacant buildings , and general
maintenance issues . In addition , the site has poor drainage which leads to occasional flooding in
the structures located at the northern portion of the property. There are additional site constraints
related to circulation, access , site sloping, inadequate parking in proximity to the Starbucks , and
no significant landscaping anywhere on the 6.3 acres.
The subject property, a blighted and under-performing commercial comer, was identified by
RWR in the Plan and by the community in the City's Comprehensive Plan , Envision Wh eat
Ridge, as an area in need of a transfonnative redevelopment project. In the opinion of staff, this
objective is possible if existing improvements are replaced with new structures and the entire
development is better connected to established neighborhoods surrounding the property.
RWR and the City have attempted to locate a developer to purchase the property for many years.
Staff attended the International Council of Shopping Center's (I CSC) annual conference
numerous times to market this site. Throughout 2012 and 2013 , staff created working
relationships with all of the property owners. These relationships were critical in enabling staff
to obtain agreement from the property owners to sell their individual parcels to a private
developer. MVG stepped in to begin extended negotiations with all four property owners and
approached staff to inquire about the potential to implement TIF for the project.
Proposed Project
As the master developer of the site, MVG intends to:
• Demolish all existing blighted structures that it acquires.
Council Action Form
April 28, 2014
Page 3
• Install new public improvements (drainage, sidewalk, landscaping, etc.) and bury the
aboveground utilities.
• Construct a new mixed-use development including retail and a senior housing facility on
the 6.3 acre site.
MVG proposes construction of a 27,000 sq. ft. retail grocery store to be occupied by Sprouts
Farmers Market (Sprouts). Starbucks/Cost Cutters may continue to operate in their current
facilities for a few months after construction has begun; however, at the end of Starbucks
fiscal year a new store with a drive-thru will be constructed. One additional retail pad would be
made available and is expected to be occupied by a quick service restaurant. The senior
housing component will consist of a 64-unit assisted living and memory care facility and will be
located on the northwestern portion of the site where the current strip center exists today.
MVG has negotiated a lease agreement with Sprouts as the anchor tenant for the retail
component. The project has been approved by the Sprouts Real Estate Committee, as well as by
the company's President. All necessary site visits to approve the project have been completed
and Sprouts expects MVG to deliver a finished building in the 4 1h quarter of2014 for an
expected January 2015 opening.
Development Incentive Package Request and Procedures
The 1-70/K.ipling Corridors Urban Renewal Plan has stated objectives to reduce, eliminate and
prevent the spread ofblight within the project area. To accomplish this purpose, the Plan
promotes local objectives with respect to appropriate land uses, private investment and public
improvements. The Plan, while not a regulating document, envisions new uses and
redevelopment of existing uses in an architectural style that is regionally relevant. Staff believes
this project meets the goals of the Plan.
The Plan authorizes R WR to participate in redevelopment activities including demolition, public
improvements, land acquisition, redevelopment, rehabilitation, and relocation. Completion of
these activities may be financed in whole or part by RWR using TIF generated from property and
sales taxes.
At the November 19,2013 RWR meeting, Greg Moran, Jon Rankin and John Reinsma from
MVG presented the proposed development and their justification for the TIF request. MVG
provided the following items as barriers to development in the absence of TIF:
• In order to consolidate all four parcels required for the redevelopment project, MVG is
paying above market prices for the properties.
• The site suffers from inadequate infrastructure which requires extensive site grading and
utility undergrounding.
At its April 10, 2014 meeting, R WR approved a redevelopment agreement between the City,
MVG and RWR. At that same meeting, RWR approved a term sheet with Colorado State Bank
and Trust which will provide a $2.6 million loan to RWR. The loan proceeds, which will net
Council Action Form
April28 , 2014
Page4
approximately $2.1 million, will be used by MVG for construction of tax exempt eligible public
improvements related to the redevelopment project.
On April 14 , 2014 the Council also approved the redevelopment agreement. At that same
meeting, Council adopted a replenishment resolution stating their moral obligation to replenish
the reserve fund if funds are drawn against that account. Finally, Council authorized an
economic development incentive for up to $1 million toward the project for additional public
improvements.
This second amendment to the Plan is required to include the parcel at 3795 Kipling Street in the
TIF authorization . This amendment is considered a substantial modification and requires that
R WR satisfy the following:
• Prepare an amendment to the Plan . This was completed in March 20 , 2014 and attached
to this report.
• Submit the second amendment to the Planning Commission for review of
confonnity with the City's general plan at least thirty (30) days before the public
hearing (C.R.S . § 31-25-1 07(2)). This item was heard and approved at the March
20 , 2014 meeting.
• Provide a 30-day written notice to all property owners, residents and owners of
businesses within the Plan area (C.R.S. § 31-25-107(4)(c)). Notices were sent in early
March 2014.
• Submit the second modification to the board of county commissioners at least
thirty (30) days before public hearing (C.R .S. § 31-25-1 07(3 .5)). If the proposed
modification contains TIF provisions , an impact statement must also be presented
to the board of county commissioners containing specific infonnation required by
C.R.S. § 31-25-1 07(3 .5). The plan modification and impact report was submitted
to the office of the commissioners on March 3, 2014.
• Post the public hearing notice. The notice was published on March 13 , 2014 in
the Wheat Ridge Transcript.
Upon completion of those items, Council is required to conduct a public hearing (C.R.S.
§ 31-25-1 07( 4)). After the public hearing and adoption of a resolution , the county
assessor will be notified of the TIF provision (C .R.S. § 31-25-1 07(1 0)).
REC OMMENDATI ONS :
Staff recommends moving forward with the second substantial modification for the following
reasons:
1. The project will add new retail options with the addition of a Sprouts Farmers Market.
2. The residential component will add a needed service for the City and surrounding area by
providing alternative options for long-term care.
3. The project may act as a catalyst for future development and redevelopment of sites along
the 38th Avenue corridor and the Plan area.
4. The project will create additional property and sales tax over time for RWR, the City and
Council Action Form
Apri1 28, 2 014
Page 5
other taxing entities.
5. The project will remove blight, an objective of the Plan and a key requirement ofRWR.
RECOMMENDED MOTION:
"I move to approve Resolution No . 26-2014, a resolution approving a second amendment to the
1-70/Kipling Corridors Urban Renewal Plan to allow for the utilization of tax increment
financing."
Or,
"I move to deny Resolution No. 26-2014, for the following reason(s) ________ "
REPORT PREPARED/REVIEWED BY:
Steve Art, Urban Renewal Manager
Patrick Goff, Executive Director
ATTACHMENTS:
1. Resolution No . 26-2014
• Exhibit A -1-70/Kipling Corridors Plan (Not including Appendices A-
C or Attachments 1 and 2)
• Exhibit B Second Amendment to the I-70/Kipling Corridors Plan
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 26
Series of 2014
TITLE: A RESOLUTION APPROVING A SECOND
AMENDMENT TO THE I-70/KIPLING CORRIDORS
URBAN RENEWAL PLAN TO ALLOW FOR THE
UTILIZATION OF TAX INCREMENT FINANCING
WHEREAS, in May 2009, the Wheat Ridge City Council approved an urban
renewal plan, known as the 1-70/Kipling Corridors Urban Renewal Plan (the Urban
Renewal Plan) Exhibit A for the elimination of blight and redevelopment of certain
portions of the City; and
WHEREAS, such Urban Renewal Plan includes the area described in Exhibit B
hereto, which is the location of the MVG Development property; and
WHEREAS, Section 7.7 of the Urban Renewal Plan provided for the utilization of
sales and property tax incremental revenue sources within the redevelopment area; and
WHEREAS, in compliance with the Urban Renewal Law of Colorado, C.R.S. §
31-25-101 et seq., the Wheat Ridge Urban Renewal Authority desires to implement the
use of tax increment financing for the project area described in Exhibit B; and
WHEREAS, on January 27, 2014 the City Council approved a First Modification
to the 170/Kipling Corridors Urban Renewal Plan authorizing the use of Tax Increment
Financing for the redevelopment project at the southwest corner of Kipling Street and
38 1h Avenue· and '
WHEREAS, since the time of the First Modification, an additional parcel located
at 3795 Kipling Street (Parcel ID: 39-281-00-001) has been acquired and will be
included in the use of Tax Increment Financing; and
WHEREAS, this second amendment to the Urban Renewal Plan is considered a
substantial modification and therefore requires a 30-day notice to all property and
business owners and the County Commissioners in the Urban Renewal Plan project
area and requires the City's Planning Commission to review the modification and its
conformity to the City's general plan for development as a whole .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
Section 1. The City Council hereby adopts this resolution amending Section 8 of
the Urban Renewal Plan for the utilization of property and sales tax increment for the
MVG Development project and adds in the parcel addressed as 3795 Kipling Street
(Parcel ID: 39-281-00-001 ).
Attachment 1
DONE AND RESOLVED THIS 28 1h day of April, 2014.
Joyce Jay, Mayor
ATIEST:
Janelle Shaver, City Clerk
1-70/ Kipling Corridors
Urban Renewal Plan
Wheat Ridge, Colorado
May 2009
Prepared for:
Wheat Ridge Urban Renewal Authority
Wheat Ridge, Colorado City Council
Prepared by:
Leland Consulting Group (LCG)
LELAND CONSULTING GROUP (20 july 2009)
Exhibit · A
1
1-70/ Kipling Corridors
Urban Renewal Plan
Wheat Ridge, Colorado
Tabl e of Cont ents
Section 1.0:
1.1
1.2
1.3
1.4
Section 2.0
Section 3.0
3.1
Section 4.0
Section 5.0
Section 6.0
6.1
6.2
6.3
Section 7.0
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
7.10
7.11
7.12
7.13
7.14
Introduct ion
Preface
Blight Findings
Other Findings
Urban Renewal Area Boundaries
1.4 .1 Boundary Map of Urban Renewal Area
Definitions
Purpose of the Plan
Public Participation
Qualifying Conditions
Relationship to Comprehen sive Plan
Plan Objectives
General Descriptions
Development and Design Objectives
Public Investment Objectives
Authorized Urban Renewal Undertakings and Activities
Public Improvements and Facilities
Other Improvements and Facilities
Development Opporturuties-Catalyst Projects
Development Standards
Variations in the Plan
Urban Renewal Plan Review Process
Project Financing and Creation of Tax Increment Areas
Property Acquisition and Land Assemblage
Relocation Assistance
Demolition, Clearance, Environmental Remediation, and Site Prep
Property Disposition
Redevelopment and Rehabilitation Actions
Redevelopment I Development Agreements
Cooperation Agreements
LELAND Co SUL TI G GROUP (20 july 2009)
4
6
10
11
13
14
18
2
1-70/ Kipling Corridors
Urban Renewal Plan
Wheat Ridge, Colorado
Table of Contents
Section 8.0 Project Financing
8 .1 Public Investment Objective
8 .2 Authorization
8.3 Project Revenues
8.3.1 Tax Increment Financing
8.3.2 Distribution of Tax Revenues
8.4 Other Financing Mechanisms I Structures
Section 9.0
Appendix
Appendix A:
Appendix B:
AppendixC:
Attachment 1:
Attachment 2:
Severability
Urban Renewal Area Legal Description
Urban Renewal Plan Concept Map
City of Wheat Ridge Comprehensive Plan, Updated 2000 References
1-70 I Kipling Corridors Conditions Survey
1-70 I Kipling Corridors Jefferson County Impact Report
LELAND CONSULTING GROUP (20 July 2009)
26
28
3
1-70/ Kipling Corridors
Urban Renewal Plan
Wheat Ridge, Colorado
1.0 Preface and Background
1.1 Preface
This 1-70 I Kipling Corridors Urban Renewal Plan (the "Plan" or the "Urban
Renewal Plan") has been prepared by the Wheat Ridge Urban Renewal
Authority (the "Authority") for the City of Wheat Ridge ("City"). It will be
carried out by the Authority, pursuant to the provisions of the Urban Renewal
Law of the State of Colorado, Part 1 of Article 25 of Title 31, Colorado Revised
Statutes, 1973, as amended (the" Act"). The administration and implementation
of tl1is Plan, including the preparation and execution of any documents
implementing it, shall be performed by the Authority.
1.2 Blight Findings
Under the Act, an urban renewal area is a blighted area, which has been
designated as appropriate for an urban renewal project. In each urban renewal
area, conditions of blight, as defined by the Act, must be present, and in order for
tl1e Autl1ority to exercise its powers, the City Council must find that the presence
of those conditions of blight, "substantially impairs or arrests the sound growtl1
of the municipality or constitutes an economic or social liability, and is a menace
to the public health, safety, morals or welfare."
LELAND Co SULTING GROUP (20 July 2009)
4
The J-70 I Kipling Corrid01'S Conditions Suroey, prepared by Matrix Design Group,
submitted June 2009, which is attached hereto as Attachment 1 (the "Blight
Study"), demonstrates that the 1-70 I Kipling Corridors Area ("Study Area"), as
defined in the Blight Study, is a blighted area under the Act.
1.3 Other Findings
The Area is appropriate for one or more urban renewal projects and other
undertakings authorized by the Act to be advanced by the Authority. Projects
could require the demolition and clearance of certain public and private
improvements within the Area as provided in this Plan. If this is the case, such
actions will be determined to be necessary in order to eliminate unsafe
conditions, obsolete and other uses detrimental to the public welfare, and
otherwise remove and prevent the spread of deterioration.
The Authority has the discretion to create a single or several tax increment areas
within a single urban renewal planning area. In addition, it is at the Authority's
discretion whether or not to initiate creation of one or several tax increment areas
at the time the Plan is adopted by City Council. Factors that could support
creation of a tax increment district include announcement of a specific project or
prevailing or impending market and I or economic conditions.
Further, the Authority is entitled to all powers authorized in the Act. It is the
intent of the City Council in adopting this Plan that the Authority exercise all
powers which are necessary, convenient or appropriate to accomplish the
objectives of the Plan. In addition, it is the intent of the Plan that the Authority
exercise all such powers as may now be possessed or hereafter granted for the
elimination of qualifying conditions in the Area.
LELAND CONSUL TlNG GROUP (20 July 2009)
5
The powers conferred by the Act are for public uses and purposes for which
public money may be expended and police powers exercised; and, this Plan is in
the public interest and necessity -such finding being a matter of legislative
determination by the City Council.
1.4 Urban Renewal Area Boundaries
The proposed I-70 I Kipling Corridors Urban Renewal Area (referred to herein
as "the Urban Renewal Area" or "the Area") is located within the City of Wheat
Ridge and Jefferson County, Colorado as delineated in Figure No. 1 and
described in the legal description presented in the Appendix. The boundaries of
the Area generally include properties roughly following aU-shaped corridor that
runs north along Interstate 70 begim1ing at 32nct Avenue, then east along the
Interstate until Kipling Street, and finally south along Kipling Street until26tl1
A venue. The survey area contains 649 real property parcels. In terms of land
area, the Area consists of approximately 1,189 total acres (including any streets or
rights-of-way) of which approximately 812 acres lie within real property parcels.
1.4.1 Figure 1, 1-70 I Kipling Corridors Area
The Plan Concept Map is presented in Appendix B.
2.0 Definitions
In addition to terms previously defined in the text, the following terms are used
in this Plan:
LELAND CONSULT! G GROUP (20 July 2009)
6
Figure No.1
LELAND CONSULTING GROUP (20 july 2009)
7
Act -means the Urban Renewal Law of the State of Colorado, Part 1 of Article 25
of Title 31, Colorado Revised Statutes, as amended.
Area or Urban Renewal Area -means the 1-70 / Kipling Corridors Urban
Renewal Area as depicted in Figure 1 and legally described in the Appendix.
Authority-means the Wheat Ridge Urban Renewal Authority.
Blight Study-means the I-70 I Kipling Corridors Condition s Survey, prepared by
Matrix Design Group, submitted June 2009, incorporated herein by this
reference.
City-means the City of Wheat Ridge, a home-rule municipal corporation of the
State of Colorado.
City Council-means the City Council of the City of Wheat Ridge.
City Tax or City Taxes -means, collectively, taxes imposed by tl1e City on
certain transactions.
Comprehensive Plan-the CihJ of Wheat Ridg e Area Comprehensive Plan , Updat ed
2000 (the "Comprehensive Plan").
Cooperation Agreement -means any agreement between the Authority and
City, one or more Metropolitan Districts, or any public body (the term "public
body" being used in this Plan as defined by the Act) respecting action to be taken
pursuant to any of tl1e powers set forth in tl1e Act or in any other provision of
Colorado law, for the purpose of facilitating public undertakings deemed
necessary or appropriate by tl1e Authority under tl1is Plan.
LELA D Co SULT I G GROUP (20 july 2009)
8
C.R.S.-means the Colorado Revised Statutes, as amended from time to time.
Impact Report-means the l-70 I Kipling Corridors, Jefferson County Impact Report
prepared by Leland Consulting Group, dated July, 2009, attached hereto as
Attachment 2 and incorporated herein by this reference.
Improvement District -means a special district created to make improvements,
typically to public space infrastructure, in a given area.
Wheat Ridge Comprehensive Plan-means City of Wheat Ridge Area
Comprehensive Plan, Updated 2000, as such plan has been or may be amended
from time to time.
Plan or Urban Renewal Plan-means this I-70 I Kipling Corridors Urban Renewal
Plan.
Property Tax Increment Area -means that portion of the Area designated as a
property tax increment area
Redevelopment I Development Agreement -means one or more agreements
between the Authority and developer(s) and I or property owners or such other
individuals or entities as may be determined by the Authority to be necessary or
desirable to carry out the purposes of this Plan.
Sales Tax -means the municipal sales tax imposed by the City on certain
transactions.
Sales Tax Increment Area -means any portion of the Area designated as a sales
tax increment area.
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Tax Increment Area-means a portion of the Area designated as a Property Tax
and/ or Sales Tax Increment Area.
3.0 Purpose of the Plan
The purpose of the l-70 I Kipling Corridors Urban Renewal Plan is to reduce,
eliminate and prevent the spread of blight within the Area and to stimulate
growth and investment within the Area boundaries. To accomplish this purpose,
the Plan promotes local objectives with respect to appropriate land uses, private
investment and public improvements, provided that the delineation of such
objectives shall not be construed to require that any particular project necessa1·ily
promote all such objectives. Specifically, the Plan promotes an environment
which allows for a range of uses and product types, as supported by the City of
Wheat Ridge Area Comprehensive Plan , Updated 2000 and any subsequent updates,
as well as any other relevant policy documents which leverage the community's
invesbnent in public improvement projects in the Area.
While the principal goal of this urban renewal effort, as required by the Act, is to
afford maximum opportunity consistent with the sound needs of the City of
Wheat Ridge as a whole, and to develop and rehabilitate the Area by private
enterprise; it is not intended to replace the efforts of area business development
entities.
3.1 Public Participation
The Plan has been made available to business and property owners located
within and adjacent to the Plan boundaries, as well as Wheat Ridge residents at-
large. All stakeholders and residents were also invited to participate in several
LELA D Co SUL Tl G GROUP (20 july 2009)
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venues: workshops held between April and May 2009 designed to solicit input
on the vision for the Area. In all, more than 100 individuals participated. In
addition, City staff received written comments via e-mail and phone calls.
Notification of the public hearing was provided to property owners and owners
of business concerns at their last known address of record within the Area as
required by the Act. Notice of the public hearing to consider the Plan was
published in the Wheat Ridge Transcript. Presentations were also made at public
meetings of the City Council and Planning Commission during the summer of
2009 to receive comments and input on the process and Plan documents. As
required by the Act, a report outlining the potential impact of the Plan on
Jefferson County was prepared and submitted along with the Plan document to
the County Commissioners of Jefferson County not less than 30 days before
consideration of its approval.
4.0 Qualifying Conditions
Before an urban renewal plan can be adopted by the City, the area must be
determined to be a "blighted area" as defined in Section 31-25-103(2) of the Act,
which provides that, in its present condition and use, the presence of at least four
of the following factors in the Area, substantially impairs or arrests the sound
growth of the municipality, retards the provision of housing accommodations, or
constitutes an economic or social liability, and is a menace to the public health,
safety, morals, or welfare:
(a) Slum, deteriorated, or deteriorating structures;
(b) Predominance of defective or inadequate street layout;
(c) Faulhj lot layout in relation to size, adequacy, accessibilihj, or usefulness;
(d) Unsanitary or unsafe conditions;
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(e) Deterioration of site or oth er improvements;
(fJ Unusual topography or inad equat e public impro ve ments or utilitie s;
(g) Defecti ve or unu sual condition s of titl e rend ering th e titl e nonmarketabl e;
(h) Th e existence of condition s that endanger life or prop erh; by fir e or oth er cau ses;
(i) Building s that are unsafe or unhealthy for person s to li ve or work in becau se of
building co de violation s, dilapidation, deterioration, def ec ti ve des ign , phy sical
co nstnt cti on, or faulhj or inad equat e fadliti es ;
(j) Envi ronm ental co ntaminati on of building s or pr operh;;
(k .S) TI1e ex istence of health , safeh;, or welfare fa ctor s requiring hi gh leve ls of
municipal se rvi ces or sub stantial phy sical underu tili zati on or vacan cy of sites,
building s, or oth er improve ments; or
(l ) If th ere is no objec ti on by the pr operh; ow ner or ow ners and th e tenant or tenants
of suc h ow ner or ow ners, if any, to the inclu sion of such pr operty in an urba n
renew al area, "blighted area" al so mean s an area that , in it s prese nt co nditi ons
and use and, by reaso n of the prese nces o f any one of th e fa ctors spec ifi ed in
para g raph s (a ) to (k .S) of Sec ti on 31-25 -103 (2), sub stantially impair s or arres ts
th e so und growth of th e muni cipalih;, retard s th e pr ov ision of housin g
acc ommodation s, or con stitutes an ec onomi c or social liability, and is a mena ce to
the publi c hea lth , safety, moral s, m· we lfare.
The Act also provides that, if private property is to be acquired by the Authority
by eminent domain, at least five of the factors specified in Section 31-25-103(2)(a)
to (2)(1) must be present.
The general methodology for conducting the Blight Study is to: (i) define the
Study Area; (ii) gather information about the Study Area, such as right-of-way
and parcel boundaries, aerial photography, etc.; (iii) evaluate evidence of blight
through field reconnaissance of the Study Area to document observed physical
conditions of blight; and, (iv) collect data about blight factors that are not
visually observable.
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Among the 11 qualifying factors identified in the Act, the Blight Study identified
the presence of the following ten blight factors in the Study Area:
(a) Slum, Deteriorated and Deteriorating Structures
(b) Predominance of Defective or Inadequate Street Layout
(c) Faulhj Lot Layout in Relation to Size, Adequacy, or Usefulness
(d) Unsanitary or Unsafe Conditions
(e) Deterioration of Site or Other Improvements
(j) Unusual Topography or Inadequate Public Improvements or Utilities
(h) Existence of conditions that endanger life or properhJ by fire and other causes
(i) Buildings that are Unsafe or Unhealthy for Persons to Live or Work
(j) Environmental Contamination of Buildings or ProperhJ
(k.S) High Levels of Municipal Services or Underutilization or Vacanct; of Sites,
Buildings, or Other Improvements
The condition, (g) of Section 31-25-103(2), defective or unusual conditions of title
rendering the title non-marketable, was not investigated.
5.0 Relationship to Comprehensive Plan
A general plan for the City, known as the City of Wheat Ridge Area Comprehensive
Plan, was updated in 2000. The Authority, with the cooperation of the City,
private enterprise and other public bodies, will undertake projects and activities
described in this Plan in order to eliminate the conditions of blight identified
herein while implementing the goals and objectives of the City of Wheat Ridge
Area Comprehensive Plan, Updated 2000 and all subsequent updates. Specific
elements of the City of Wheat Ridge Area Comprehensive Plan , Updated 2000 which
this Plan advances, are presented in Appendix C of this Plan (and taken
verbatim). References from other adopted and accepted documents
LELAND CONSULTING GROUP (20 July 2009)
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(Repositioning Wheat Ridge, Neighborhood Revitalization Strategt;; and Wheat Ridge
Northwest Sub-Area Plan) that speak to issues within the Urban Renewal Area are
also provided.
Pursuant to State Statutes, the 1-70 I Kipling Corridors Urban Renewal Plan was
reviewed by the Planning and Zoning Commission on August 6, 2009 and a
Resolution was passed indicating that the Plan was consistent with certain Goals,
Policies and Strategies contained in the Wheat Ridge Area Comprehensive Plan,
Updated 2000 and other City adopted and accepted plans.
6.0 Plan Objectives
6.1 General Description
The vision for the Area as defined by stakeholders involved in the process is:
Redevelopment of the Urban Re11ewal Area represents a unique opportunity to create a series of
destinations tlwt are both region-serving and locally supportive. Tltis Urban Renewal Plan, while
not a regulating document, envisions qualihJ materials; notable architecture; strong internal and
external connections; and, liost environments for public events and cultural venues.
New uses and redevelopment of existing uses may be developed in mixed-use and multi-
use formats where feasible, and in an architechtrnl style that is regionally-relevant.
Whereas existing neighborhoods will be stabilized, new neighborhoods will be co-located
witlr commercial, employment and institutional uses. Improvements in the physical
realm will be consistent and communicate a unified identihJ and brand. Connectio11s for
vehicles, pedestrians, bietjcles and other modes of transportation will be improved and
strengthened in a manner that is regionally-relevant and in accordance with the
Architectural and Site Design Manual.
LELA D CONSULTING GROUP (20 July 2009)
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6.2 Development and Design Objectives
All development in the Plan Area shall conform to the zoning and development
codes of the Wheat Ridge Municipal Code, as well as any site-specific zoning
regulations or policies which might impact properties in the Area, all as in effect
and as may be amended from time to time. Codes and regulations present at the
time of any project application and development will apply. No project within
the Urban Renewal Area is vested to previous codes or regulations.
While the Act authorizes the Authority to undertake zoning and planning
activities to regulate land use, maximum densities, and building requirements in
the Area, the City will regulate land use and building requirements.
The primary development objective of this Urban Renewal Plan is strategic
investment in the public realm that will leverage private sector projects.
Potential land uses within the Urban Renewal Area include a range of
commercial, employment (industrial and office), residential, institutional,
lodging, civic, cultural and parking. Other, more general development objectives
include flexibility given changing market conditions; adaptability to a range of
uses and product types; and, consistency in building material and development
quality. Specific project goals and objectives identified by the stakeholders, in
collaboration with impacted property owners, that investment within the Urban
Renewal Area should aspire to, include the following:
1. Eliminate and prevent blight
2. Implement elements of the City ofWheat Ridge Comprehensive Plan, Update
2000 related to urban renewal and the vision of this Plan
3. Ensure orderly growth throughout the community
4. Stimulate development of under-utilized land in the Urban Renewal Area
LELAND CONSULT! G GROUP (20 July 2009)
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5. Increase property values and strengthen the City's economic base
6. Participate in the long-term economic vitality of the City through quality
(re) development
7. Enhance Wheat Ridge's identity
8. Preserve existing neighborhoods
9. Expand the City's commercial activities
10. Maintain a fiscally-prudent base of industrial uses
11. Encourage growth in primary jobs
12. Promote Wheat Ridge's cultural heritage
13. Reduce sub-standard uses
14. Support stronger code enforcement
Land Use
15. Improve relationships between uses in the Urban Renewal Area and
surrounding areas
16. Provide uses supportive of and complementary to plrumed improvements
17. Promote a variety of housing product types to address multiple segments
of the populous
18. Advance cultural art programs and capital investments
19. Unify uses and plan components (signage, street furniture, landscaping)
20. Support preservation of historic structures
21. Expand service facilities (police, fire, library, recreation and/ or senior)
Ec onomi c Deve lopm ent
22. Encourage the continued presence of existing viable businesses
23. Attract regional and national businesses
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Financial
24. Provide a range of financing mechanisms for private property (re)
investment
25. Encourage public-private partnerships
26. Promote economic incentives in order to attract (re) investment
Political
27. Facilitate cooperation among government agencies (taxing entities)
Architecture
28. Promote "green" development (environmentally sensitive)
29. Raise the quality of building standards in the Urban Renewal Area
30. Encourage higher design standards
Physical
31. Improve the public realm
32. Increase the capacity and quality of infrastructure in the Urban Renewal
Area
33. Develop and enhance community gateways
34. Maintain / develop public gathering spaces (soft and hard)
35. Preserve the area's natural (and man-made) resources
36. Grow the City's multi-modal options (bike routes, trails, pedestrian access,
transit)
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6.3 Public Investment Objectives
Existing conditions present within the Area will be remedied by the proposed
Plan, but will first need to be identified as a priority public invesbnent item by
the Authority, in consultation with the stakeholders. As it is the intent of this
Plan that improvements will only be partially ftmded by tax increment revenues,
creation of special districts and/ or other financing districts to serve as
supplemental funding sources will not only be considered, but encouraged .
Experience has proven that a critical component to the success of any urban
renewal effort is participation by both the public and private sectors. This said,
leveraging of resources will be key as no one entity, either public or private, has
sufficient resources alone to sustain a long-term improvement effort.
7.0 Authorized Urban Renewal Undertakings and Activities
The Act allows for a wide range of activities to be used in the implementation of
an urban renewal plan. In the case of this Plan, it is the Authority's intent to
provide incentives to stimulate private investment in cooperation with property
owners and other affected parties in order to accomplish its objectives . Public-
private partnerships and other forms of cooperative development will be key to
the Authority's strategy for preventing the spread of blight and eliminating
existing blight conditions. Reliance on powers such as eminent domain will only
be considered as a final option, as determined by the City Council, to achieve the
objectives of this Plan.
7.1 Public Improvements and Facilities
The Authority may undertake certain actions to make the Area more attractive
for private investment. The Authority may, or cause others to, install, construct,
and reconstruct any public improvements. Additionally, the Authority may, or
LELA D CONSULTING GROUP (20 July 2009)
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cause others to, demolish and clear buildings and existing improvements for the
purpose of promoting the objectives of the Plan and the Act. Finally, the
Authority may, or may cause others to, install, construct and reconstruct any
other authorized improvements in the Area, including, without limitation, other
authorized undertakings or improvements for the purpose of promoting the
objectives of this Plan and the Act.
Public projects are intended to stimulate (directly and indirectly) private sector
investment in and around the Area. The combination of public and private
investment will assist in the investment and reinvestment of the Area with a
greater intensity and quality of viable commercial, employment, residential and
mixed-use sub-areas supported by multiple forms of transportation and public
spaces contributing to the overall economic well-being of the community.
As described in Section 4.0 of this Plan, ten qualifying conditions of blight, as
defined in Section 31-25-103(2) of the Act, are evident in the Area . This Plan
proposes addressing each of these conditions through potential completion of the
following public improvements and facilities:
(a) Slum, Deteriorated and Deteriorating Structures: building improvements
including facades, fencing, roof repairs; and, graffiti clean-up;
(b) Predominance of Defective or Inadequate Street Layout: completion of
incomplete streets and sidewalks; increased road and intersection
capacity; roadway repairs; and, stronger connections;
(c) Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or
Usefulness: (see Predominance of Defective or Inadequate Street Layout);
and, assemblage of small, narrow and awkwardly shaped parcels;
(d) Unsanitary or Unsafe Conditions: pedestrian improvements; ADA
improvements; lighting; bike paths; deferred maintenance items
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including cracked and buckled sidewalks; and, roadway improvements
designed to arrest congestion;
(e) Deterioration of Site or Other Improvements: improvements to parking
surfaces; curbs and gutters; and, signs and advertisements;
(f) Unusual Topography or Inadequate Public Improvements or Utilities:
undergrounding of overhead utilities; increasing infrastructure capacity
where necessary; and, completion of curbs, gutters and sidewalks;
(h) Existence of Conditions that Endanger Life or Property by Fire and Other
Causes: sprinklering of commercial buildings; and, improved access for
emergency vehicles;
(i) Buildings That Are Unsafe or Unhealthy for Persons to Live or Work:
demolition of substandard structures;
G) Environmental Contamination of Buildings or Property: assistance with
site and building environmental clean-up;
(k.5) Existence of Factors Requiring High Levels of Municipal Services or
Substantial Physical Underutilization or Vacancy of Sites, Buildings or
Other Improvements: stronger code enforcement; site assemblage; site
prep; and, assistance with post-development leasing strategies.
7.2 Other Improvements and Facilities
There could be other non-public improvements in the Area that may be required
to accommodate development a11d redevelopment. The Authority may assist in
the financing or construction of these improvements.
7.3 Development Opportunities-Catalyst Projects
A key concept associated with implementation of the Plan is targeted investment
that will serve to catalyze development throughout the Area and fund future
LELAND Co SUL TING GROUP (20 july 2009)
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public improvements. The aggregate impact of potential investment within the
Area is reflected in the Impact Report in Attachment 2.
7.4 Development Standards
All development in the Area shall conform to applicable rules, regulations,
policies and other requirements and standards of the City and any other
governmental entity which has jurisdiction over all or any portion of the Area.
In conformance with the Act and the Plan, the Authority may adopt design
standards and other requirements applicable to projects undertaken by the
Authority in the Area. Unless otherwise approved by City Council, any such
standards and requirements adopted by the Authority shall be consistent with all
other City zoning and development policies and regulations.
7.5 Variations in the Plan
The Authority may propose, and the City Council may make, such modifications
to this Urban Renewal Plan as may be necessary provided they are consistent
with the City ofWireat Ridge Comprehensive Plan, Updated 2000 and any subsequent
updates, as well as the Act, or such amendments made in accordance with this
Plan and as otherwise contemplated by this Plan.
The Authority may, in specific cases, allow non-substantive variations from the
provisions of this Plan if it determines that a literal enforcement of the provision
would constitute an unreasonable limitation beyond the intent and purpose
stated herein.
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7.6 Urban Renewal Plan Review Process
The review process for the Plan is intended to provide a mechanism to allow
those parties responsible for implementing key projects to periodically evaluate
its effectiveness and make adjustments to ensure efficiency in implementing the
recommended activities.
The following steps are intended to serve as a guide for future Plan review:
(a) The Authority may propose modifications (including expansion of the Plan
boundaries), and the City Council may make such modifications as may be
necessary provided they are consistent with the Cihj of Wh eat Ridg e
Comprehensive Plan , Updat ed 2000 and any subsequent updates, as well as
the Act.
(b) Modifications may be developed from suggestions by the Authority,
property and business owners, and City staff operating in support of the
Authority and advancement of this Plan.
(c) A series of joint workshops may be held by and between the Authority and
property and business owners to direct and review the development of
Plan modifications.
7.7 Project Financing and Creation of Tax Increment Areas
While projects within the Area are planned to be primarily privately financed, it
is the intent of the City Council in approving this Urban Renewal Plan to
authorize the use of tax increment financing by the Authority to assist with the
development of these projects. Urban renewal authorities in Colorado are
authorized by statute (C.R.S 31-25-105) to borrow money and accept advances,
LELAND Co S ULTI NG GROUP (20 July 2009 )
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loans, grants and contributions from public or private sources, and to issue
bonds to finance their activities or operations. In practice, an accepted method
for financing urban renewal projects is to utilize incremental property tax and/
or municipal sales tax revenues attributable to redevelopment in the project area
to pay the principal of, the interest on, and any premiums due in connection with
the bonds of, loans or advances to, or indebtedness incurred by the Authority.
The boundaries of the Urban Renewal Area shall be as set forth in Appendix A.
As more fully set forth herein this Section 7.7, it is the intent of City Council in
approving this Plan to authorize the use of tax increment financing by the
Authority as part of its efforts to undertake and advance the Plan.
7.8 Property Acquisition and Land Assemblage
The Authority may acquire property by negotiation or any other method
authorized by the Act, except that any proposal to acquire property under the
power of eminent domain must be approved by the City Council in accordance
with the Act. The Authority may temporarily operate, manage and maintain
property in the Area with the consent of the owner of the property. Such
property shall be under the management and control of the Authority and may
be rented or leased pending its disposition for redevelopment.
7.9 Relocation Assistance
It is not anticipated that acquisition of real property by the Authority will result
in the relocation of any individuals, families, or business concerns. However, if
such relocation becomes necessary, the Authority will adopt a relocation plan in
conformance with the Act.
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7.10 Demolition, Clearance, Environmental Remediation, and Site Prep
In carrying out this Plan, it is anticipated that the Authority may, on a case-by-
case basis, elect to demolish and clear buildings, structures and other
improvements. Additionally, development activities consistent with this Plan,
including but not limited to Development or Cooperation Agreements, may
require such demolition and clearance to eliminate unhealthy, unsanitary, and
unsafe conditions, eliminate obsolete and other uses detrimental to the public
welfare, and otherwise remove and prevent the spread of deterioration.
With respect to property acquired by the Authority, it may demolish and clear,
or contract to demolish and clear, those buildings, structures and other
improvements pursuant to this Plan, if in the judgment of the Authority, such
buildings, structures and other improvements cannot be rehabilitated in
accordance with this Plan. The Authority may also undertake such additional
site preparation activities as it deems necessary to facilitate the disposition and
development of such property.
7.11 Property Disposition
The Authority may acquire, sell, lease, or otherwise transfer real property or any
interest in real property subject to covenants, conditions and restrictions,
including architectural and design controls, time restrictions on development,
and building requirements, as it deems necessary to develop such property. Real
property or interests in real property may be sold, leased or otherwise
transferred for use in accordance with the Act and this Plan. All property and
interest in real estate acquired by the Authority in the Area that is not dedicated
or transferred to public entities, shall be sold or otherwise disposed of for
redevelopment in accordance with the provision of this Plan and the Act.
LELAND Co SUL TI G GROUP (20 July 2009)
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7.12 Redevelopment and Rehabilitation Actions
Redevelopment and rehabilitation actions within the Area may include such
undertakings and activities as are in accordance with this Plan and the Act,
including without limitation: demolition and removal of buildings and
improvements as set forth herein; installation, construction and reconstruction of
public improvements; elimination of unhealthful, unsanitary or unsafe
conditions; elimination of obsolete or other uses detrimental to the public
welfare; prevention of the spread of deterioration; and, provision of land for
needed public facilities. The Authority may enter into Cooperation Agreements
and Redevelopment/Development Agreements to provide assistance or
undertake all other actions authorized by the Act or other applicable law to
redevelop and rehabilitate the Area.
7.13 Redevelopment I Development Agreements
The Authority is authorized to enter into Redevelopment/Development
Agreements or other contracts with developer(s) or property owners or such
other individuals or entities as are determined by the Authority to be necessary
or desirable to carry out the purposes of this Plan. Such Redevelopment/
Development Agreements, or other contracts, may contain terms and provisions
as shall be deemed necessary or appropriate by the Authority for the purpose of
undertaking the activities contemplated by this Plan and the Act, and may
further provide for such undertakings by the Authority, including financial
assistance, as may be necessary for the achievement of the objectives of this Plan
or as may otherwise be authorized by the Act. These Agreements will be
separate from this Plan, yet in support of its goals and objectives. Existing
agreements between the City and private parties that are consistent with this
Plan are intended to remain in full force and effect.
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7.14 Cooperation Agreements
For the purpose of this Plan, the Authority may enter into one or more
Cooperation Agreements pursuant to the Act. The City and the Authority
recognize the need to cooperate in the implementation of this Plan and, as such,
Cooperation Agreements may include, without limitation, agreements regarding
the planning or implementation of this Plan and its projects, as well as programs,
public works operations, or activities which the Authority, the City or such other
public body is otherwise empowered to undertake and including without
limitation, agreements respecting the financing, installation, construction and
reconstruction of public improvements, utility line relocation, storm water
detention, environmental remediation, landscaping and/ or other eligible
improvements . This paragraph shall not be construed to require any particular
form of cooperation.
8.0 Project Financing
8.1 Public Investment Objective
It is the intent of the Plan that the public sector will play a significant role in
urban renewal efforts as a strategic partner. Typical infrastructure investments
the public would anticipate making include, but are not limited to: unifying
streetscape elements (but for specific modifications made on private property);
improving access and circulation; improving streets and parks; providing for
infrastructure improvements; completing utilities; and, creating special districts
or other financing mechanisms.
LELA N D CON SULTING GROUP (20 July 2009 )
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8.2 Authorization
The Authority may finance undertakings pursuant to this Plan by any method
authorized under the Act or any other applicable law, including without
limitation: issuance of notes, bonds and other obligations in an amount sufficient
to finance all or part of this Plan; borrowing of funds and creation of
indebtedness; advancement of reimbursement agreements; and / or utilization of
the following: federal or state loans or grants; interest income; annual
appropriation agreements; agreements with public or private entities; and loans,
advances and grants from any other available sources. The principal, interest,
costs and fees on any indebtedness are to be paid for with any lawfully available
funds of the Authority.
Debt may include bonds, refunding bonds, notes, interim certificates or receipts,
temporary bonds, certificates of indebtedness, or any other obligation lawfully
created.
8.3 Project Revenues
8.3.1 Tax Increment Financing
The Plan contemplates that a primary method of financing projects within
the Area will be through the use of property tax and City Sales Tax
increments. The Authority shall be authorized to pledge all or any
portion of such property tax and City Sales Tax increment revenues for
financing public infrastructure that benefits the Area pursuant to one or
more Cooperation Agreements.
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8.3.2 Distribution of Tax Revenues
As specified in any amendment to this Plan which creates a new Tax
Increment Area as set forth herein, property taxes and/ or City Taxes
levied after the effective date of the approval of such amendment shall be
divided for a period commencing on the date of City Council approval of
such amendment and continuing for a period not-to-exceed twenty-five
years in accordance with Section 31-25-107(9) of the Act and the terms of
any applicable Cooperation Agreement.
8.4 Other Financing Mechanisms/ Structures
The Plan is designed to provide for the use of tax increment financing as one tool
to facilitate investment and reinvestment within the Area. However, in addition
to tax increment financing, the Authority shall be authorized to finance
implementation of the Plan by any method authorized by the Act. The Authority
is committed to making a variety of strategies and mechanisms available which
are financial, physical, market and organizational in nature. It is the intent of this
Plan to use the tools either independently or in various combinations. Given the
obstacles associated witl1 development, the Authority recognizes that it is
imperative that solutions and resources be put in place which are
comprehensive, flexible and creative.
9.0 Severability
If any portion of tlus Plan is held to be invalid or unenforceable, such invalidity
will not affect the remaining portions of the Plan.
LELA D CO SULTI G GROUP (20 july 2009)
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SECOND AMENDMENT TO THE
1-70/KIPLING CORRIDORS URBAN RENEWAL PLAN
Section 8 of the 1-70/K.ipling Corridors Urban Renewal Plan ("Plan") is hereby amended
to read as follows:
8.0 Project Financing
8.1 Public Investment Objective
It is the intent of the Plan that the public sector will play a significant role in
urban renewal efforts as a strategic partner. Typical infrastructure investments
the public would anticipate making include, but are not limited to: unifying
streetscape elements (but for specific modifications made on private property);
improving access and circulation; improving streets and parks; providing for
infrastructure improvements; completing utilities; and, creating special
districts or other financing mechanisms.
8.2 Authorization
The Authority may finance undertakings pursuant to this Plan by any method
authorized under the Act or any other applicable law , including without
limitation: issuance of notes, bonds and other obligations in an amount sufficient
to finance all or part of this Plan; borrowing of funds and creation of
indebtedness; advancement of reimbursement agreements; and I or utilization of
the following: federal or state loans or grants; interest income; annual
appropriation agreements; agreements with public or private entities; and loans,
advances and grants from any other available sources. The principal, interest,
costs and fees on any indebtedness are to be paid for with any lawfully available
funds of the Authority.
Debt may include bonds, refunding bonds, notes , interim certificates or
receipts, temporary bonds, certificates of indebtedness, or any other obligation
lawfully created.
Exhibit B
8.3 Project Revenues
8.3.1 Tax Increment Financing
The Plan contemplates that a primary method of financing projects
within the Area will be through the use of property tax and City Sales
Tax increments . The Authority shall be authorized to pledge all or any
portion of such property tax and City Sales Tax increment revenues for
financing public infrastructure that benefits the Area pursuant to one or
more Cooperation Agreements.
8.3.2 Distribution ofTax Revenues
As specified in any amendment to this Plan which creates a new Tax
Increment Area as set forth herein , property taxes and /or City Taxes
levied after the effective date of the approval of such amendment shall
be divided for a period commencing on the date of City Council
approval of such amendment and continuing for a period not-to-exceed
twenty-five years in accordance with Section 31-25-1 07(9) of the Act
and the terms of any applicable Cooperation Agreement.
8.4 Other Financing Mechanisms I Structures
The Plan is designed to provide for the use of tax increment financing as one tool
to facilitate investment and reinvestment within the Area. However, in addition
to tax increment financing , the Authority shall be authorized to finance
implementation of the Plan by any method authorized by the Act. The
Authority is committed to making a variety of strategies and mechanisms
available which are financial, physical, market and organizational in nature. It
is the intent of this Plan to use the tools either independently or in various
combinations. Given the obstacles associated with development, the Authority
recognizes that it is imperative that solutions and resources be put in place
which are comprehensive, flexible and creative .
8.5 Utilization of Property and Sales TIF
Consistent with the foregoing provisions of this Section 8.0 regarding TIF , there
is hereby adopted the utilization of property and sales tax increment for the
properties described in the attached Appendix A. The properties and projects ,
for which a tax increment shall be utilized , along with a legal description for the
properties , the date upon which the utilization of the tax increment shall take
effect, and the terms of the tax increment applicable to each property, shall be as
set forth in Appendix A.
APPENDIX A
1. MVG Development Property
a. Date TIF implemented: ________ _
b. Council Resolution: No._, Series 2014 (___,2014)
c. Legal Descriptions :
10101 W. 371h Place
Our Order No : ABB70393418
UGAL DESCRIPTION
THAT PART OF THE NORTIIEAST ONE-QUARTER OF THE NORTIIEAST ONE-QUARTER OF 1HE
NORTHEAST ONE-QUARTER OF SECilON 28 , 1UWNSH1P 3 SOUI'H, RANGE 69 WEST OF THE 6TH
P.M ., DESCRIBED AS FOLLOWS:
BEGINNING AT 1HE NORTHEAST CORNER OF SAID SECilON 28;
THENCE SOUTHERLY , ALONG THE EAST LINE OF SAID SECTION , 230 FEET;
THENCE WESTERLY, PARALLEL WITH THE NOR1H LINE OF SAID SECTION, 200 FEET TO THE
TRUE POINT OF BEGINNING;
THENCE CONTINUING WESTERLY, PARALLEL WITH THE NOR1H LINE OF SAID SECilON,
109.99 FEET, MORE OR LESS, 1U A POINT 20 FEET EAST OF THE WEST LINE OF THE EAST
ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF THE
NORTHEAST ONE-QUARTER OF SAID SECTION 28 ;
THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF THE EAST ONE-HALF OF THE
NORTIIEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER
OF SAID SECTION , 124.86 FEET, MORE OR LESS , TO A POINT 355 FEET SOUI'H OF THE
NORTH LINE OF SAID SECTION 28 ;
THENCE WESTERLY, PARALLEL WITH THE NORTH UNE OF SAID SECTION, 40 FEET;
THENCE SOUI'HERLY, PARALLEL WITH AND 20 FEET WEST OF THE WEST LINE OF 1HE EAST
ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF THE
NORTHEAST ONE-QUARTER, 75 FEET;
THENCE WESTERLY , PARALLEL WI1H THE NORTH UNE OF SAID SECTION, 290.19 FEET ,
MORE OR LESS , TO THE EAST LINE OF LEE STREET ;
THENCE NORTHERLY ALONG SAID EAST LINE, PARALLEL WITH AND 20 FEET EAST OF THE
WEST LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF THE
NORTHEAST ONE-QUARTER, 400 FEET, MORE OR LESS , TO THE SOUTH LINE OF 38TH
AVENUE ;
THENCE EASTERLY ALONG SAID SotJfH UNE, PARALLEL WITH AND 30 FEET SOUTH OF THE
NORTH l1NE OF SAID SECTION 28 , A DISTANCE OF 440 .53 FEET, MORE OR LESS, TO A
POINT 200 FEET WEST OF THE EAST LINE OF SAID SECTION;
THENCE SOUI'HERLY, PARALLEL WITH THE EAST LINE OF SAID SECTION , ZOO FEET 1U THE
TRUE POINT OF BEGINNING, COUNIY OF JEFFERSON , STATE OF COLORADO,
EXCEPTING THEREFROM THE PORTIONS DESCRIBED IN BOOK 1579 AT PAGE 296 AND IN BOOK
1969 AT PAGE 800 AND IN BOOK 1970 AT PAGE I OF THE JEFFERSON COUNTY RECORDS .
3785 Kipling
o.r Ordr:r No: ABJ70397564
lfGAL DESCRIPTINII
A PARCEL OF LAND IN lHE EAST 112 OF TilE NORTIIEAST 1/4 OF 1liE NORlliEAST 114 OF
TilE NORTHEAST 1/4 OF SECTIO 23 , TOWNSHIP 3 S01Jill, RANGE 69 WEST , COUNTY OF
jEFFERSON. STATE OF COLORADO , DESCRIBED AS FOlLOWS:
BEGINNING AT A POINT WHICH IS 30 FEET SOUlH AND 30 FEET WEST OF 1HE NORlHEAST
CORNER OF SAID SECTION 2S ;
THENCE Sot.JfH 100 FEET ALONG THE WEST UNE OF KIPLING STREET TO TilE TRUE POINT OF
BEGINNING :
THENCE SOUfH ALONG TilE WEST LINE OF KIPLING STREET A DISTANCE OF 100
FEET ;
THENCE WEST AND PARALLEL TO 1HE SOUlH LINE OF WEST 3811{ A VENUE A DISTANCE OF
IZSFEET ;
THENCE NOR1ll AND PARALLEL TO TilE WEST llNE OF I<IPUNG STREET A DISTANCE OF 100
FEET ;
THENCE EAST AND PARAllEL TO 11IE SOtml LINE OF OF WFST 38TH A VENUE , A DISTANCE OF
1 ZS FEET TO TilE TRUE POINT OF BEGINNING ,
EXCEPT THAT PORTION CONVEYFD TO THE DEPARTMENT OF lnGHWA YS BY DEED RECORDED
AUGUST Z7 , 19691N BOOK Z12S AT PAGE 357 . COUNTY OF jEFFERSON , STATE OF
COLORADO .
3795 Kipling
The South 100 feet of the North 130 feet of the West 115 feet of the East 155 feet of the East half of the
Northeast Quarter of the Northeast Quarter of the Northeast Quarter of Section 28, Township 3 South,
Range 69 West of the 6th Prlndpal Meridian,
EXCEPT that portion thereof conveyed to The aty of Wheat Ridge, Colorado by Deeds recorded
November 10, 1972 in Book 2444 at Pages 376 and 3n,
Council Action Form
April 28 , 2014
Page 2
constraints. A draft NTMP policy was presented which included a public process and
implementation plan for traffic control requests by residents. The NTMP program essentially
provides a process for installing speed humps , curb extensions , signs , speed trailers and
enforcement, and other traffic control measures when requested and as applicable. Based on
Council feedback last fall, staff further revised the policy with the intent of adopting and
implementing the program in 2014.
RECOMMENDATION:
Based on previous discussion and direction , staff recommends moving forward with adopting the
NTMP as attached.
RECOMMENDED MOTION:
"I move to approve the Neighborhood Traffic Management Plan dated April 28 , 2014."
Or:
"I move to postpone approval of the Neighborhood Traffic Management Plan dated April 28 ,
2014 for the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Scott Brink, Director of Public Works
Patrick Goff, City Manager
ATTACHMENTS:
1. Neighborhood Traffic Management Plan
2. Study Session Memorandum from April 7, 2014
.,.~A~
""' .,.. City of :prwh atR!__dge
Neighborhood Traffic Management Program (4-28-14)
"Neighborhood residents working together with Public Works and Police Departments for safer, more
livable, neighborhood streets."
I. INTRODUCTION TO THE PROGRAM
The citizens of Wheat Ridge place a high value on their quality of life. An important part of a
good quality of life is a safe and livable neighborhood that accommodates residents, cyclists,
motorists, and pedestrians. The Neighborhood Traffic Management Program (NTMP) represents
the commitment of the City to the safety and livability of its neighborhoods by mitigating the
negative impacts of vehicular traffic on residential streets.
The Public Works and Police Departments are available to assist neighborhoods mitigate
speeding or other traffic related concerns on streets where a problem has clearly been identified.
The NTMP is limited to requests by residents adjacent to or on local street segments and is
intended to mitigate problems directly associated with vehicular traffic. The program is intended
to mitigate traffic on a particular street segment, not to divert traffic to adjacent or other nearby
streets.
This program is not intended to include traffic signs or signal modifications. However, if
resolution of a specific traffic issue may be resolved by signing modifications, pavement
markings, parking restrictions, improving sightlines, etc., such measures may be considered in
lieu of installing traffic calming devices. Please contact the City's Public Works Department,
Engineering Division at 303-235-2861 if you have questions about traffic signs or traffic signals.
The following features are offered as a part of the NTMP:
• Education and Enforcement -Requests can be made to the Police Department to provide
neighborhood education, selective traffic enforcement, or placement of a portable speed
display trailer. These services are available as resources allow.
• Permanent Features-Requests can be made to the Public Works Department to install
traffic control devices. Traffic control devices may include but not be limited to the
following: Speed humps, traffic islands, curb bump-outs, and pavement markings.
Speed humps will not be installed on streets that are Critical Emergency Response Routes
(CERR).
II. PROGRAM POLICIES
Scope of Program and Policy
This program is limited to neighborhood initiated projects for limited local street segments.
Streets designated as arterial or collector streets under the City's Comprehensive Plan are not
intended to be eligible for consideration under this plan. Projects may also be initiated by the
NTMP Program (04-28-14)
Attachment 1
City Council or considered as part of other programs or construction projects as appropriate . A
similar but modified public process will be utilized to address traffic related issues and consider
traffic calming devices when initiated by the City Council or as part of other infrastructure or
Capital Improvement Projects.
The intent of the Neighborhood Traffic Management Program is to address neighborhood
initiated traffic complaints and requests. Typically after a request or complaint is made , City
staff (including the Public Works and Police Departments) will investigate and provide an
assessment or recommendation. Essentially, it is important that a problem is clearly identified
before a mitigation measure is pursued. Such mitigation measures may include increased police
enforcement , neighborhood education , addressing on street parking, or other eventual measures
such as traffic calming devices. In reviewing a particular traffic issue , staff will generally follow
accepted industry safety standards and professional practices as established and recognized by
national , state, and local agencies . As a result , specific traffic calming devices may not be
recommended by staff in certain situations. Howe ver, residents do have the option of pursuing
specific traffic calming devices or other measures in accordance with a public process procedure
as outlined further below.
Traffic calming projects are intended to mitigate problems directly associated with vehicular
traffic. Program projects are not intended to include lengths of sidewalk or other neighborhood
infrastructure requests not directly associated with the mitigation of traffic problems and /or
traffic mitigation treatments directly.
III. NTMP PROCESS AND PROCEDURE
Under the Neighborhood Traffic Management Program (NTMP), residents on certain
neighborhood (local) streets are provided the opportunity to request the City to review and
address traffic related problems and issues , including requesting traffic calming devices. All
local streets shall be considered and prioritized based on several factors including; the order
received , accident history, traffic volumes , documented safety issues , available resources , and
the final discretion of the City Council.
Step 1
Bring Traffic Issue to the City's Attention and/or File a Request:
Any resident can contact the City and express a traffic related concern or request. Staff will
investigate the request accordingly. In many cases , specific traffic issues may be resolved by
increased police enforcement, removal of sightline restrictions such as trees or shrubs that
obscure visibility, addressing parking violations or other enforcement issues , or by improving or
replacing signs. Other options that may be pursued are as follows:
Education and Enforcement:
All applications for the NTMP program are eligible for consideration and action by the Police
Department, including neighborhood education, selective traffic enforcement, or placement of a
portable speed display trailer.
N TMP Program (04 -28-14) 2
Neighborhood Education
The Police Department can meet with a neighborhood upon request and provide information on
the 3 A's (Awareness , Assistance, and Action) when dealing with local traffic and speeding
problems. Often times, citizens may sometimes forget to watch their speed in their own
neighborhood. Information regarding local transit , ride share and carpooling services may also
be made available at this session. A neighborhood's livability often enhances when other
transportation options are available and encouraged.
Selective Traffic Enforcement
Traffic enforcement, particularly for situations in which a specific repeat offender or other
specific traffic problems are present is often available for residential streets. However, because
of competition for Police resources across the City, general traffic enforcement for low volume
residential streets is limited.
Speed Display Trailer
A portable speed trailer that displays drivers' speed to heighten speed awareness can be
temporarily deployed to neighborhood streets as availability allows .
Filing a Request for Installing Traffic Calming Devices
If residents wish to pursue the installation of traffic calming devices such as speed humps , traffic
islands, or other measures, a public process shall be followed to insure that a problem as been
clearly identified, that the neighborhood as a whole wishes to have the devices installed , and that
the identified problem or issue is addressed accordingly.
Traffic calming devices that meet placement criteria may be eligible for consideration and
installation. In addition, residential collector streets as designated in the Comprehensive Plan
may be eligible for installation of radar feedback signs which heightens awareness of actual
traveled speed vs. the speed limit.
To file a request for consideration in the City NTMP Program , a minimum of five (5) City
residents from a single street (must be from separate households) must submit a signed written
request letter to:
City of Wheat Ridge
Engineering Division
Public Works Department
Attn: NTMP Program
7500 West 29th Ave
Wheat Ridge, CO 80033
To be considered, a request must include the following basic information:
a. The name, address , and phone of each requesting resident.
b. Identify the resident who will be considered Point of Contact (POC) for the NTMP.
c. Description of request location and/ or street segment of concern
d. Nature of concern.
NTMP Program (04-28-14) 3
Step 2
City Review of Request:
Upon receiving a qualifying written request, staff will evaluate the request and perform an
initial field investigation as follows:
a. The street segment of concern will be observed, analyzed , and evaluated per standard
engineering criteria. In addition, the evaluation will also include a review of available
accident history and safety data , as well as input from the Police Department
b. Staff will define the official limits of the street segment that will be eligible for the
NTMP under the original request. The limits of a NTMP segment will generally fall
within the limits of a block which is normally defined as the length of the street between
two intersecting streets. The total number of households (properties) along the selected
segment will be identified.
c. If the street segment is determined to be eligible for the installation of traffic calming
devices , staff will identify possible or appropriate devices. Staff will prepare a written
cost estimate for the requested speed reduction feature , including the material cost and
installation cost. Available resources will also influence the City 's ability to install traffic
control devices in a timely manner. Staff will also propose an appropriate location for
each feature based on engineering review and feedback received.
d. Staff shall schedule a neighborhood meeting date following completion of the review
process. Property owners bordering the affected street shall be notified of the meeting at
least 10 days in advance.
Step 3
Neighborhood Meeting:
The neighborhood meeting is intended to be the first opportunity for open discussion
regarding neighborhood concerns on traffic and speeding, including identification of a
problem , and an appropriate solution. Staff from the Public Works and Police Departments
will attend the meeting with the following format generally presented:
a. Staff will listen to neighborhood concerns and provide interactive feedback.
b. If appropriate, the Police Department will make a presentation of the 3 A's of traffic
control (Awareness, Assistance, and Action). The presentation will include basic
education on traffic calming principles and application of neighborhood solutions. Police
Department Staff will present proposed methods for Traffic Enforcement and/ or
application of a portable speed trailer in the neighborhood.
c. Staff will explain the limits of the NTMP street segment and number of households/
properties along this segment as identified in Step 2.
NTMP Program (04 -28-14) 4
d. Staff will also discuss the permanent features available under the NTMP , and explain the
aspects of each as they are applied in a residential setting.
e. Staff will provide a petition form at the meeting, which requires endorsement of 80% of
the property owners along the NTMP street segment to qualify for the installation of any
Permanent Features.
Step 4
Police Department Action:
If it is determined that Police Traffic Enforcement and/ or application of a portable speed
trailer is desired and warranted, the Police Department will begin a selective program of
traffic enforcement on or near the affected NTMP Segment.
Step 5
Petition Process:
To be considered for a permanent feature (traffic calming device), property owners along the
NTMP segment must complete the following process:
A valid petition form (as provided at the Public Meeting or by staff) shall be submitted by the
appropriate neighborhood representative or point of contact. The petition form supplied by
the City requires supporting signatures from a minimum of 80% of property owners along the
identified NTMP segment. The petition form shall include a description of the requested
feature and its proposed location. It shall be required that each property owner immediately
adjacent to the proposed Permanent Feature provide a supporting signature on the petition
form.
Requests for pennanent features will be considered for construction once a valid petition and
is received by the Public Works Department. In addition , engineering staff will complete a
feasibility assessment to assure that the proposed construction is feasible. Complete requests
for permanent features in any given NTMP year shall be taken on a first-come , first-served
basis, and as funds are available. Should a project be validated after NTMP funds are
exhausted in any given year, they shall be rolled over to the next NTMP project year, and
will be prioritized based on the order received, available funds , safety considerations , and
any other factors and considerations as determined appropriate by the City Council or staff.
STEP6
City Council Approval
A proposed project must be formally approved by the City Council before proceeding ahead with
construction. If a petition is in order, clear direction and consensus of the neighborhood is
provided , and staff has detennined that the project is feasible , staff will schedule for City
Council consideration at the next available City Council meeting as scheduling allows.
STEP7
If the City Council approves a project, staff will proceed with a bid or quote procurement process
NTMP Prog ram (04-28-14) 5
and begin scheduling for construction. The intent will be to construct or install the approved
traffic calming improvement as soon as reasonably possible. However, the timing and
construction will be administered and balanced against other on-going or previously approved
projects, available resources, or seasonal restrictions. Construction may not commence until
other projects are completed or when a contractor and resources become available.
General Program Policies
1. Unintended traffic diversion as a result of an NTMP project from one street to another, or
simply shifting a traffic issue to an adjacent or nearby local street is not acceptable.
2. Unintended diversion is defined as an increase of 10% or more of a street's traffic volume or
100 vehicles -whichever is higher.
3. The City reserves the right to either remove or modify any traffic calming treatments/projects
in cases when an unacceptable level of unintended diversion is created or if some other
unforeseen problem or safety condition is created.
4. All traffic control devices and traffic calming measures are carefully and deliberately placed
by the City based on the following: Safety, research , traffic volumes , standards and warrants
as established nationally and locally, field studies, and other location specific considerations
and details. Other factors such as drainage considerations, public utilities, adjacent private
driveways, etc. may also affect the specific location of devices. Requests that deviate from
established Local, State and National practices for safety and effectiveness are not considered
acceptable. The Public Works Department may be contacted at 303-235-2861 for further
information.
5. In some instances, it may be possible to consider a temporary or "pilot" project in lieu of an
immediate pennanent improvement. This could involve the use of temporary measures to
evaluate whether or not permanent improvements are acceptable and /or desired by the
neighborhood. Whether a pilot project is appropriate or not would depend on the nature of
the request, the result of the public process discussion, and available resources.
IV. ENGINEERING CRITERIA
Speed Humps: The following criteria shall be applied by the Public Works Department when
considering eligibility for placement of Speed Humps
a. Street Classification. Speed Humps will only be installed on streets identified as
local or neighborhood residential streets as identified in the City's Comprehensive
Plan.
b. Spacing. A maximum of one speed hump shall be used in a block with humps no
closer together than 700 feet.
c. Location. In order to eliminate situations such as a speed hump near a drainage
pan, driveway entrance, or other feature, a final determination on location shall be
made by the Public Works Department.
d. Grade. Speed humps will be installed only on streets with grades of 8% or less.
NTMP Program (04-28-14) 6
e. Horizontal and Vertical Alignment. Speed humps will not be installed on
horizontal curves with a centerline radius of less than 200 feet or on vertical
curves with less than minimum stopping sight distance.
f. Special Vehicle Restrictions. Speed hump requests will be referred to RTD on any
local street that has an RTD bus route on it. Any local street that has more than
5% long wheel based vehicles will be reviewed by the City to determine if a
speed hump shall be allowed on a street. Speed humps will not be installed on any
street that is a Critical Emergency Response Route (CERR). The City will refer
all requests to the local Fire Department for their review of emergency vehicle
routes.
g. Design. The design of speed humps to be installed within the City is shown on
Attachment A.
h. Resurfacing Streets. When a speed hump is approved on any street that is
scheduled to be resurfaced within two years, installation of the speed hump will
be delayed until resurfacing is completed.
Speed Radar Boards: The following criteria shall be applied by the Public Works and Police
Departments when considering eligibility for placement of Speed Radar Boards. Speed radar
boards shall be considered for installation only on streets designated as collector or arterial under
the City's Comprehensive Plan.
a. Visibility. At the appropriate and recommended location for Speed Radar
Board(s), there shall be sufficient unobstructed visibility to oncoming traffic.
b. Spacing. A maximum of two Speed Radar Boards shall be used in any NTMP
segment.
c. Placement. At the appropriate and recommended location for Speed Radar
Board(s), there shall be an adequate mounting surface and sufficient exposure to
the sky for proper function with the attached solar panels.
V. PERMANENT FEATURE REMOVAL
Should the property owners on a street desire to have a permanent feature removed, a petition and
approval procedure shall be followed identical to the request and installation procedures previously
described. However, unanimous approval is not required for properties immediately adjacent to the
permanent feature.
Attachments:
STREET CLASSIFICATION MAP
NTMP Program (04-28-14) 7
'* • ~ . City of ~Wlieat:R!_dge ~PUBLIC WORKS
TO:
FROM:
DATE:
SUBJECT:
ISSUE:
Memorandum
Patrick Goff, City Manager ~
Scott Brink, Director of Public Works
March 3, 2014 (for Study Session on April7, 2014)
Neighborhood Traffic Management Program
;J+&rn 3
On October 7 2013 the City Council discussed a proposed Neighborhood Traffic Management
Program (NTMP), including possible concepts for entryway/monument signing based on
previous Council discussions. The NTMP was essentially discontinued several years ago as a
result of resource constraints. Council expressed a strong interest in resurrecting the program at
the Study Session on October 7. A draft NTMP policy was pre ented which included a public
process and implementation plan for traffic control requests by residents. The NTMP program
essentially provides a process for installing speed humps, curb extensions signs, speed trailers
and enforcement, and other traffic control measures when requested and as applicable. Based on
Council feedback, staff has further revised the policy and is seeking Council concurrence to
begin implementation of the program in 2014.
Per previous Council feedback and direction at Study Sessions held on May 20 and August 5,
2013 staff presented concepts and options for entryway and monument signing at the October 7
meeting. Staff provided a map showing several potential sign locations throughout the City per
previous discussions. Based on the estimated construction cost of a monument sign ($15 000 -
$20,000), staff felt that the ·needs identified would far exceed the budgeted amount of 1 00 000,
which also includes traffic calming devices under the NTMP. As a result, Council generally
expressed interest in the entryway signs only when used as a traffic calming device through the
public process under the NTMP , and not as a separate program. A copy of the memo presented
to Council on October 7 is attached (with exhibits) and provides further background and history
regarding monument and entryway signs. Design concept standards have been developed in the
event monument signs are to be installed under the NTMP.
Neighborhood Traffic Management P.lan (NTMPl
As a result of feedback received from Council on October 7, staff has further refined the draft
NTMP. The purpose of the plan is to provide a process to address citizen complaints and issues
regarding neighborhood traffic. The intent is to provide a procedure that not only provides
responsiveness, but also provides an open public process to insure that problems are clearly
identified, that the correct mechanism or traffic calming measure is pursued, and that there is public
participation and neighborhood buy-in on any traffic calming measure proposed for construction.
In the 2014 budget, $100,000 has been earmarked for the construction and implementation of traffic
calming devices. These devices may include the foJlowing: speed humps, center traffic islands.
Attachment 2
Neighborhood Traffic Management Program (NTMP)
April 7, 2014
Page2
raised cross-waJks, curb extensions, and possibly others.
Main highlights of the NTMP are as follows:
A. Education and enforcement -Requests can be made to the Police Department to provide
neighborhood education, selective traffic enforcement, or placement of a portable speed
display trailer. These services are available as resources allow.
B. Permanent features -Requests can be made to the Public Works Department to install traffic
control devices or radar feedback signs. Traffic control devices may include but not be
limited to the following: speed humps, traffic islands, curb bump-outs, and pavement
markings. A request procedure and public process is provided as part of the implementation
of traffic control devices.
RECOMMENDATIONS:
Based on previous discussion and direction , staff proposes moving forward with implementation
of the Neighborhood Traffic Management Program after addressing any additional questions or
comments from Co unci] regarding the NTMP.
ATTACHMENTS:
I. Memorandum and attachments from the October 7 Study Session
a) Existing, Future Gateway and Proposed Minor Entryway Monument Map
b) Neighborhood Entry Monument Map
c) Reported Cut-Through Traffic Problem Map
d) Cost Estimate for Neighborhood Monument Sign, Traffic Calming Island
e) Cost Estimate for Minor Entryway Pillar Monument
2. Neighborhood Traffic Management Program (NTMP)
Council Action Form
April28 ,2014
Page 2
discussions with the Colorado Department ofTransportation (CDOT), reevaluation of the past EA
would include, but not be limited to, an up-to-date traffic analysis that considers the size and timing
(phasing) of anticipated development activities.
The consulting firm of Parsons Brinckerhoff (PB) is very familiar with the Clear Creek Crossing
site, including traffic , environmental , and other technical issues that were addressed in the previous
EA. They are also very familiar with the reevaluation process , having successfully completed
similar reevaluations recently for other clients and projects in Colorado. PB has provided a scope of
work and estimated fee amount for the City to consider (Attachment 2).
PRIOR ACTION:
None
BACKGROUND:
An EA process was conducted in 2006 and 2007 , culminating in the issuance of a FONSI (Finding
ofNo Significant Impact) by CDOT and the Federal Highway Administration (FHWA). The
findings required a significant amount of costly infrastructure to be constructed to provide access to
the proposed developed site. The entire amount of the infrastructure identified in the EA was also
required to be fully constructed before any certificate of occupancy could be issued by the City
allowing commercial development at the proposed site to open for business.
RECOMMENDATIONS:
Because of critical timing in relation to current interest in the Clear Creek Crossing site, retaining a
consultant to immediately perform professional services is needed and highly advised. Because of
Parsons Brinckerhoff's familiarity and background knowledge of the site, their knowledge and past
successes with EA reevaluations , and familiarity with CDOT and FHW A procedures , staff feels
they are best suited to provide the services needed to successfully and immediately move the site
development process forward . Staff therefore recommends appropriating funds accordingly and
authorizing the award of a professional services contract to Parsons Brinckerhoff.
RECOMMENDED MOTION:
"I move to approve Resolution No . 27-2014 , a resolution amending the fiscal year 2014 Capital
Improvement Program budget reflecting the approval of a supplemental budget approptiation in the
amount of $76 ,074.83 for the Clear Creek Crossing environmental assessment reevaluation and
awarding a contract to Parsons Brinckerhoff."
Or:
"I move to postpone indefinitely Resolution No. 27-2014 , a resolution amending the fiscal year
2014 Capital Improvement Program budget reflecting the approval of a supplemental budget
appropriation in the amount of$76,074.83 for the Clear Creek Crossing environmental assessment
reevaluation and awarding a contract to Parsons Brinckerhoff for the following reason(s)
"
Council Action Form
April 28, 2014
Page 3
REPORT PREPARED/REVIEWED BY:
Scott Brink , Director of Public Works
Patrick Goff, City Manager
ATTACHMENTS:
I. Resolution No. 27-2014
2. Parsons Brinckerhoff Scope of Work
3. Clear Creek Crossing Basemap
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 27
Series of 2014
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2014
CAPITAL IMPROVEMENT PROGRAM BUDGET
REFLECTING THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION IN THE AMOUNT OF $76,074.83
FOR THE CLEAR CREEK CROSSING ENVIRONMENTAL
ASSESSMENT REEVALUATION AND AWARDING A
CONTRACTTOPARSONSBRINCKERHOFF
WHEREAS, the City Council has identified the area west of 1-70 and north of 32nd
Avenue, identified as Clear Creek Crossing as a priority area for economic
development; and
WHEREAS, an Environmental Assessment (EA) conducted in 2007 identified
various infrastructure improvements in the Clear Creek Crossing area needed based on
projected traffic levels; and
WHEREAS, said EA requires a reevaluation, including an updated traffic study
based on recent discussions with the Colorado Department of Transportation (COOT)
and the Federal Highway Administration (FHWA); and
WHEREAS, said reevaluation and traffic study requires a supplemental budget
appropriation and the retaining of professional services; and
WHEREAS, the firm of Parsons Brinckerhoff is best qualified to provide said
services and has provided a proposal in the amount of $76,074.83.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1 . Effectiveness. This Resolution shall take effect immediately.
Section 2. The City Council authorizes the transfer of $76,074.83 from the
General Fund undesignated reserves to account number 30-303-
800-841 and the amendment of the 2014 Fiscal year revenues
accordingly.
Section 3. The Clear Creek Crossing Environmental Assessment re-
evaluation is awarded to Parsons Brinckerhoff in an amount not-to-
exceed $76,07 4.83.
Attachment 1
DONE AND RESOLVED this __ day of _____ , 2014.
Joyce Jay, Mayor
ATIEST:
Janelle Shaver, City Clerk
RES O 001 2
Background
Traffic Analysis Technical Report
Clear Creek Crossing Development
Scope of Work
This scope of work to be performed by Parsons Brinckerhoff is to conduct a detailed traffic analysis for
the proposed Clear Creek Crossing development, prepare for and participate in one public meeting and
support the City of Wheat Ridge (City) coordination with the developer, Colorado Department of
Transportation (CDOT) and the Federal Highway Administration (FHWA).
Proposed Project
The proposed project includes the commercial development of 147 acres located north of 32"d Avenue,
south of SH 58, west of 1-70, and east of Applewood Golf Course . The development of this site is planned
to occur in three phases (Phases 1, 2, and 3), resulting in between 800,000 to 900,000 square feet of
retail or commercial development. A potential fourth phase of development on this site would be
located on 68 acres north of Clear Creek. The conclusions of the traffic analysis and public meeting will
determine the level of environmental analysis necessary for the Phase 1 re-evaluation of the l-70/32"d
Avenue Environmental Assessment, which was completed in 2007. This contract will be amended to
incorporate any required environmental resource analyses subsequent to completing the traffic analysis
and conducting a public meeting. All future phases of development will require a separate and distinct
re-evaluation, specific to the proposed phase.
Elements of this effort include:
Task 1.0 Project Management
Parsons Brinckerhoff shall manage the administrative activities associated with the project. Assisting the
City of Wheat Ridge with the establishment of project schedules and channels of communication will be
detailed in the Project Management Plan. Communications associated with the administration of this
project will be directly channeled through the project manager for distribution to the project team as
appropriate.
This scope assumes a three month project schedule. The project manager will review and approve
monthly invoices and progress reports.
Oeliverables: Project Management Plan (1)
Invoices and Progress Reports (3)
-----------------------------------Pagel
Task 2.0 Project Meetings
Parsons Brinckerhoff will attend up to three {3) meetings to report progress, verify that the project is
proceeding in compliance with the scope of services, determine necessary adjustments to the project
work plan and schedule, plan upcoming events and discuss and resolve project technical issues. A re -
evaluation scoping meeting to determine the appropriate level of environmental analysis will be
conducted after the traffic analysis and public meeting are completed . Parsons Brinckerhoff will prepare
minutes of each meeting and circulate to meeting attendees. This scope assumes one review of draft
meeting minutes by Wheat Ridge, COOT, and FHWA, as appropriate.
Deliverables:
Agency Meeting Minutes {3)
Scoping Meeting Minutes {1)
Task 3.0 Traffic Analysis
Parsons Brinckerhoff will prepare a traffic study for the study area following the guidance provided in
COOT's State Highway Access Code. The study will include the following tasks .
3.1 Methods and Assumptions-Parsons Brinckerhoff will prepare a Methods and Assumptions
Technical Memorandum that documents how the study will be conducted, including what
software will be used, which intersections will be analyzed and what time periods will be
considered. All study assumptions will also be clearly identified. This document will be
reviewed by City, COOT and FHWA . All comments will be incorporated and the final document
will act as a blueprint for both conducting the study and reviewing the draft report.
3.2 Data Collection-Parsons Brinckerhoff will document existing condit ions, including AM and
PM peak hour turning movement counts, intersection laneage, intersection traffic control
features and speed limits at the following intersections:
1. 32"d and Eldridge
2. 32"d and Alkire
3. 32"d and Zinnia
4. 32"d and 1 -70 westbound off and on ramps
5. 32"d and Youngfield
6. 32"d and Xenon
7. Youngfield and 1-70 eastbound off ramp
8. Youngfield and Applewood
9. Youngfield and 38th
10. Youngfield and 40th
11. Youngfield and 44th
12. 44th and Ward
13 . 44th and 1-70 eastbound off and on ramps
Page 2
14 . Mcintyre and SH -58 westbound off and on ramps
15. Mcintyre and SH -58 eastbound off and on ramps
3.3 Trip Generation and Distribution-Parsons Brinckerhoff will calculate the trip generation for
each phase of the proposed development using the Trip Generation Manual, 8th Edition, Institute
of Transportation Engineers . The land use basis (type of use and size in square footage) for the
analysis will be provided by the City of Wheat Ridge . The assumptions from the original traffic
analysis study for the l-70/32nd Avenue Interchange Environmental Assessment will be used for
trip distribution. This will help ensure a comparable comparison between the previous work and
this study.
3.4 Traffic Assignments and Analysis-Parsons Brinckerhoff will analyze the 15 intersections
listed in Subtask 4.2 for each one of the following scenarios:
• Existing Traffic and Existing Network
• Existing Traffic with Phase 1 Site Traffic and Existing Network
• 2035 Background with Phase 1 Site Traffic and Existing Network
• 2035 Background with Build-out Site Traffic and Proposed Improvements
SYNCHRO and SIMTRAFFIC software will be used for the analysis.
3.5 Improvement Phasing Analysis-Based on the results of Subtask 4.4, Parsons Brinckerhoff
will conduct a sensitivity analysis to determine when the 1 -70 ramp modifications and the SH -58
interchange will be needed to accommodate background traffic and various levels of site
development through build-out conditions.
3.6 Documentation-Parsons Brinckerhoff will document the results of the study in a Traffic
Analysis Technical Report. A preliminary draft report will be provided for City review. A draft
report will then prepared that responds to the comments received and submitted to COOT and
FHWA for review . Once their comments are received, the report will be finalized . Parsons
Brinckerhoff will complete OA/QC reviews on any project deliverables.
Deliverables: Methods and Assumptions Technical Memorandum
Preliminary Draft Traffic Analysis Technical Report
Draft Traffic Analys is Technical Report
Final Traffic Analysis Technical Report (20 copies)
Task 4.0 Public Involvement
Prepare for and attend one (1) public meeting. This will include preparing up to ten (10) display boards,
creating the meeting notification, and preparing a power point presentation. Public comments will be
collected at the meeting and summarized in a memorandum. This scope assumes one review of the
draft meeting materials by Wheat Ridge . This task assumes no individual outreach to residents or
business owners.
-----------------------------------Page3
Deliverables: Display Boards (10)
Meeting Notification Flyer (does not include copies or mailing)
Power Point Presentation
Not included in the scope: Stakeholder mailing list or any type of public notification.
---------------------------------Page4
140428 Attach Cleer Creek Scope 4it.xlsx
Clear Creek Development Traffic Analysis Technical Report
Parsons Brinckerhoff labor $ 61,044.49
Parsons Brinckerhoff Fee $ 7,325.34
Directs Cost Amount Total
Mileage $ 0.56 150 $ 84.00
Public Involvement
Rental space $ 200.00 1 $ 200 .00
Boards $ 90.00 10 $ 900.00
Copies
Black/white $ 0.15 100 $ 15.00
Color $ 0.30 20 $ 6.00
Traffic Counts $ 400.00 15 $ 6,000.00
Misc. $500
Directs Total $ 7,705.00
TOTAL PROJECT COST $ 76,074.83
Clear Creek Development Traffic Analysis Technical Report
Jim Kara Drew Jane I
Paulmeno Swanson Lee Kellar Will Johnson Stewart Michael Sobol Gustafson Total
Project Project Traffic Traffic QA/QC Traffic Traffic /Env/ PI Project Admin I
Project Role Manager Coordinator Support
I
Task 1. Project Management
1.1 Project Management Plan 2 4 0 0 0 0 0 6
1.2 Invoicing and Progress Reports (3) 8 12 0 0 0 0 3 23
1.3 Project Coordination 8 8 0 0 0 0 0 16
Subtotal Hours 18 24 0 0 0 0 3 45
Task 2. Project Meetings I
2.1 Scoping Meeting (post-traffic analysis) 4 4 0 0 0 4 0 12
2.1 Internal PB Kick-off (1) 1 1 1 1 1 1 0 6'
2.3 Agency Meetings (CDOT, FHWA) (3)/Resource Co 12 9 8 0 0 0 0 29
Subtotal 17 14 9 1 1 5 0 47
Subtotal Cost $ 2,562 $ 1,597 $ 1,040 $ 145 $ 69 $ 371 $ -$5,784.31
Task 3. Traffic Analysis
3.1 Methods and Assumptions 0 0 16 0 0 8 0 24
3.2 Data Collection 0 0 16 0 24 0 0 40
3.3 Trip Generation and Distribution 0 0 16 0 16 0 0 32
3.4 Traffic Assignments and Analysis 0 0 24 16 40 0 0 80
3.5 Improvement Phasing Analysis 0 0 24 0 40 0 0 64
3.6 Documentation 0 0 64 8 0 92 0 164
Subtotal 0 0 160 24 120 100 0 404
Task 4. Public Involvement (1 meeting)
4.1 Preparation of display boards (10) 2 2 0 0 0 20 0 24
4.2 Coordination for public meeting 16 16 10 0 0 15 0 57
4.3 Conducting public meeting and public comment 5 7 5 0 0 15 0 32
Subtotal 23 25 15 0 0 so 0 113
Total Hours 58 63 184 25 121 155 3 609
Direct Hourly Rate $57.89 $43.82 $44.41 $55 .72 $26 .65 $28.50 $42.24
Burdened Labor $8,739.88 $7,186.00 $21,270.26 $3,625.98 $8,393 .76 $11,498.75 $329.85 $ 61,044.49
Total (Burdened Labor+ Fee) $9,788.67 $8,048.32 $23,822.69 $4,061.10 $9,401.02 $12,878.60 $369.43 $ 68,369.83
-----------
Council Action Form
April 28 , 2014
Page2
In April 2014 , seven bids were received. All bids met the initial bid requirements. The apparent
low bidder was JPK Micro Supply in the total amount of$38 ,000. JPK Micro Supply, Inc. is an
exact match to the specification . Award is based on the lowest most responsive and responsible
bid.
RECOMMENDATIONS:
Staff has evaluated the bids and recommends purchasing 50 computers in 2014 , maintaining the
five-year rotation basis , from JPK Micro Supply, Inc. in the total amount of $38 ,000. This will
improve the availability, speed , features and reliability of the City's desktop deployment. This is
part of the upgrade, replacement and standardization of the City's computer network.
RECOMMENDED MOTION:
"I move to award RFB-14-14-2014 Annual Computer Requirements to JPK Micro Supply, Inc .
in the total amount of $38 ,000 for the replacement of 50 computers."
Or,
"I move to deny award of RFB-14-14 -2014 Aru1ual Computer Requirements to JPK Micro
Supply, Inc. for the replacement of 50 computers for the following reason(s) _____ _
REPORT PREPARED/REVIEWED BY:
Michael Steinke, IT Manager
Jennifer Nellis, Purchasing Agent
Patrick Goff, City Manager
ATTACHMENTS:
1. Bid Tabulation Sheet
Council Action Form
April 28 , 2014
Page2
RECOMMENDED MOTION:
"I move to approve the revised Council Rules of Order and Procedure dated April 28 ,
2014."
REPORT PREPARED BY;
Gerald Dahl , City Attorney
Patrick Goff, City Manager
ATTACHMENTS:
1. Draft Rules dated April 28, 2014
"~j~
~ ~ityof
\VheatR!ege
RULES OF ORDER AND PROCEDURE
CITY COUNCIL
WHEAT RIDGE, COLORADO
Adopted: April 28, 2014
Amended: ____ _
Attachment 1
TABLE OF CONTENTS
I. AUTHORITY
II. CITIZENS' RIGHTS
III. CHAIR, MAYOR PROTEM AND THEIR DUTIES
CHAIR ........................................................................................................... .
MAYOR PRO TEM ........................................................................................... ..
CITY CLERK ................................................................................................... .
CITY ATTORNEY ............................................................................................. .
PARLIAMENTARIAN AND RULES OF ORDER ....................................................... ..
IV. COUNCIL MEETINGS AND MEETING PROCEDURES
TYPES OF MEETINGS ..................................................................................... ..
STUDY SESSIONS .......................................................................................... ..
ADJOURNED MEETINGS ................................................................................... .
EXECUTIVE SESSIONS ................................................................................... ..
MEETING NOTICES AND REQUIREMENTS .......................................................... ..
ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL
GATHERINGS ................................................................................................. .
ABSENCES ..................................................................................................... .
RIGHT OF THE FLOOR ..................................................................................... .
ELECTED OFFICIALS MATTERS ......................................................................... .
V. ORDER OF BUSINESS AND THE AGENDA
ORDER OF BUSINESS ...................................................................................... .
AGENDA: PREPARATION AND INITIATION OF AGENDA ITEMS .............................. .
INITIATING AND ADDING AGENDA ITEMS ........................................................ ..
PUBLIC HEARINGS .......................................................................................... .
ORDINANCES ON FIRST READING .................................................................... .
TIME OF ADJOURNMENT .................................................................................. .
VI. RECONSIDERATION
VII. SUSPENSION AND AMENDMENT OF THESE RULES
SUSPENSION ................................................................................................. .
AMENDMENT .................................................................................................. .
REVIEW ......................................................................................................... .
2
RULES OF ORDER AND PROCEDURE FOR THE CITY
COUNCIL OF THE CITY OF WHEAT RIDGE COLORADO
I. AUTHORITY:
Sections 4. 7 and 5.1 of the Home Rule Charter of the City of Wheat Ridge
authorize the City Council to determine its own rules of procedure for meetings.
The following rules shall be in effect upon their adoption by the Council until such
time as they are amended or new rules adopted in the manner provided by these
rules.
II. CITIZEN'S RIGHTS
A. CITIZENS' RIGHTS:
1. Any person may speak only once per meeting for a maximum of
three (3) minutes on any item other than Agenda items.
2. Persons desiring to speak on an Agenda item are requested to sign
the appropriate roster in Council Chambers. Speakers shall confine
their remarks to the relative item. There shall be no time limit
applied to Citizens' Comments on any scheduled Agenda item unless
deemed appropriate by the Chair.
3. There shall be no restriction on the number of citizens who wish to
speak.
4. The content of any speaker's comments cannot be censored.
5. Persons in attendance shall be allowed to donate time to other
speakers to a maximum of nine (9) minutes, including the three (3)
minutes the original speaker has.
6. The Chair will entertain no written comments from the public unless
a member of the public representing the author is present to read
them into the record. A Council Member may read written comments
into the record with the approval of the majority of the Council
present .
7. Council has the choice whether or not to respond to citizens after the
closure of the Citizen Comment portion of the meeting.
3
8. All written communications to Council must be signed. If not signed,
the written communications may not be accepted.
III. CHAIR, MAYOR PROTEM, CITY CLERK, CITY ATTORNEY;
PARLIAMENTARIAN AND THEIR DUTIES AT MEETINGS
A. CHAIR:
1. The Mayor shall preside over the meetings of the Council.
2. In the absence of the Mayor, the Mayor Pro Tern shall preside.
3. The Chair shall preserve order and decorum, prevent personal
attacks or the impugning of members motives, confine members in
debate to questions under discussion, be responsible for conducting
meetings in an orderly manner, assure that the minority opinion may
be expressed and that the majority be allowed to rule.
B. MAYOR PROTEM:
1. At the first or second Regular meeting in November of each year, the
Council shall nominate, by secret paper ballot, and elect by motion
upon a majority vote, a Mayor Pro Tern who shall serve until their
successor is elected. The procedure shall be as follows:
• The presiding officer will announce that the floor is open for
nominations for the position of Mayor ProTem.
• Nominations will be taken from City Council members by voice.
No second is needed.
• Each nominee will have the opportunity to address the Council.
• Each Council member will mark the paper ballot with the name of
the nominee they wish to vote for and fold the paper in half to
ensure secrecy.
• The City Clerk will collect the ballots, tally the results, and return
the written name of the majority vote receiver to the presiding
officer, who will announce the highest vote getter.
• In the event of a tie, the Mayor will cast a paper ballot, to be
delivered to the City Clerk for inclusion into the election tally.
• A motion and second is then in order to elect, the highest vote
getter to the position of Mayor Pro Tem. The Council is
encouraged to confirm the nomination unanimously; however,
4
Council Members are not required to vote for this person. If the
motion is not carried, additional motions are in order until a
Mayor Pro Tern is elected by a majority of Council.
2. If presiding, the Mayor Pro Tern shall have the voting privileges of a
regular Council Member.
3. The Mayor Pro Tern's duties shall include reviewing and setting the
Agenda prior to Council Meetings and adding emergency items for
discussion if necessary. The Mayor Pro Tern shall have the authority
to remove any item from the Agenda of any Regular Meeting or
Study Session with the exception of: (a) an item placed on the
Agenda by two (2) Council Members prior to the meeting pursuant to
Rule IV.D.l; or (b) an item added by the Council by majority vote
during any meeting pursuant to RuleiV.D.l.
4. The Mayor Pro Tern shall arrange for and coordinate the orientation
of all newly elected officials within two months after the election.
C. CITY CLERK:
The City Clerk, or designated representative, shall attend all meetings of Council
and shall keep the official minutes.
D. CITY ATTORNEY:
The City Attorney, or acting City Attorney, shall attend all meetings of the Council
unless excused by the City Council and shall, upon request, give an opinion, either
written or oral, on the question of law.
E. PARLIAMENTARIAN AND RULES OF ORDER:
1. The Mayor Pro Tern shall also function as the Council
Parliamentarian, and may call upon the City Attorney for a
recommendation on procedure if desired.
2. The Parliamentarian shall advise the Chair and members of Council
on parliamentary rules.
3. The rules contained in the current edition of Robert's Rules of Order
newly revised, shall advise the Parliamentarian regarding questions
of order and procedure in all cases to which they are applicable and
in which they are not inconsistent with these Rules, the Wheat Ridge
Home Rule Charter, the Wheat Ridge Code of Laws or other laws
governing the City.
4. In cases where the Rules contained in the current edition of Robert's
rules of Order newly revised are inconsistent with these Rules, these
Rules control.
5
5. The Mayor (or the Mayor Pro Tem, if presiding), shall be the final
authority on all points of order procedure, subject to override upon a
three-fourths majority vote of the entire Council.
IV. COUNCIL MEETINGS AND MEETING PROCEDURES
A. TYPES OF MEETINGS:
1. The Council meets in the Municipal Building for Regular, Adjourned,
and Special Meetings and Study Sessions.
2. Regular Meetings are held the second (2nd) and fourth (4th) Monday
of each month at 7:00PM unless otherwise provided by amendment
of these Rules.
3. Study Sessions are the first (1st) and third (3rd) Monday of each
month at 6:30 P.M., unless otherwise otherwise provided by
amendment of these Rules.
B. STUDY SESSIONS:
1. Study Sessions shall be for the purpose of discussion of concepts and
ideas. No formal business shall be conducted. Consensus votes
during all Study Sessions are non-binding, with exception of
consensus votes to schedule or decline to schedule a matter for
consideration at a Regular or Special Meeting, which may however be
reconsidered after six (6) months as permitted by Rule IV.D.3.
Unless an issue is disposed of at a Regular, Adjourned, or Special
Meeting, it may be amended or reconsidered in that or any future
Study Session.
2. Public Comment will be allowed at the beginning of a Study Session
for only those items on the agenda and each speaker is limited to a
maximum of three (3) minutes.
C. ADJOURNED MEETINGS:
Any Meeting of the Council may be adjourned to a later date and time, provided
that no adjournment shall be for a period longer than the next Regular Meeting.
D. EXECUTIVE SESSIONS:
1. The Council may meet in Executive Session on a vote of a majority of
City Council in a Regular or Special meeting (Charter-Sec 5. 7).
2. No notes may be taken during an Executive Session except by the
City Clerk and/or City Attorney.
6
3. If at any time during the session, a Council Member feels that a
matter is being discussed other than that stated, that member
should so state and may request that the session be terminated.
Upon consensus vote of Council Members present, the session shall
be terminated.
E. MEETING NOTICES AND REQUIREMENTS:
1. Five (5) or more Council Members may attend informal meetings
held for the purpose of acquiring information and discussion topics
provided that public notice of the meeting is posted in the location
establishing for posting of all Wheat Ridge meetings at least 72 hours
prior to the meeting, listing the topic of the meeting, its location,
time, and date. The location of this posting shall be the bulletin
board outside the City Court room in City Hall.
a) Copies of the notice shall be given to all City Council Members
and the City Clerk at least 72 hours before the meeting.
b) The City Clerk is responsible for the posting of the meeting.
2. Any three or four Council Members may attend informal meetings
held for the purpose of acquiring information and discussing topics.
Such meetings must be open to the public, but no notice is required
unless formal actions will be taken.
3. Meetings involving no more than two Council Members, whether in
person or by telephone, whether or not the Mayor also attends, shall
not be subject to any of the requirements of this Rule.
4. All Meetings (other than those between only two council Members
and/or the Mayor) shall be open to members of the public and the
press.
F. ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL
GATHERINGS:
1. The purpose for this rule is to permit the City to be represented by
its elected officials at meetings of other groups or organizations,
including without limitation, intergovernmental organizations,
neighborhood organizations, business and service organizations, and
other organizations or groups with which the City has a relationship.
2. Any member of Council and the Mayor may attend meetings of other
groups without prior notice, provided however, that any such
meeting, if attended by three or more members of the Council, is
open to the public, pursuant to Section 24-6-401, et seq., C.R.S.
7
3. Social gatherings, at which the discussion of public business is not
the central purpose, shall not be subject to any of the requirements
of Rule E.
G. ABSENCES:
In the event that a Council Member expects to be absent from a Regular Meeting
or Study Session, the Member shall notify the City Clerk, and the City Clerk will
duly notify the City Council at the beginning of the meeting.
H. RIGHT OF THE FLOOR:
1. This Rule III.H shall apply only to Regular, Special and Adjourned
Meetings, and not to Study Sessions, unless specifically noted. The
presiding officer must first recognize each Council Member
requesting to speak unless limited by a motion to limit debate or for
calling the question. (applicable also to Study Sessions)
2. Speakers shall confine themselves to the question under discussion.
All discussion must be germane to the agenda item. (applicable also
to Study Sessions)
3. Members of Council shall avoid personal attacks and refrain from
impugning the motives of any member's argument or vote.
(applicable also to Study Sessions)
4. Following introduction of an agenda item, a staff report, if any, and a
motion, each Council Member shall have the right to ask questions of
staff or discuss an agenda item with staff. Council Member questions
are limited to three (3) minutes each, two (2) times. Staff responses
are not included in the time. Following question time, Council
Members may engage in debate of the issue at hand prior to voting.
The debate may consist of two (2) rounds with each Council Member
having one opportunity per round to speak in turn. The first round
may consist of a statement of position on the issue by each Council
Member not to exceed four ( 4) minutes. The second round may
consist of responses to position stated by other Council Members not
to exceed two (2) minutes.
5. Once a vote has been taken, there shall be no further discussion on
that motion or Agenda Item unless a motion to reconsider is
adopted.
6. In the event of an amendment to an agenda item motion, the maker
of the amendment shall have one (1) three (3) minute period to
make the amendment and speak to the amendment. All other
Council Members shall have one (1) two (2) minute period to speak
to the amendment.
8
I. ELECTED OFFICIALS' MATTERS:
This is the time elected officials and staff may make comments on any subject.
Time limit per elected official and staff will be five (5) minutes.
V. ORDER OF BUSINESS AND THE AGENDA
A. SCOPE OF RULE: This Rule IV shall apply only to Regular, Special and
Adjourned Meetings, and not to Study Sessions, unless specifically noted.
B. ORDER OF BUSINESS:
The general rule as to the Order of Business in Regular Meetings is stated thus:
• CALL TO ORDER
• PLEDGE OF ALLEGIANCE
• ROLL CALL
• APPROVAL OF MINUTES
• PROCLAMATIONS AND CEREMONIES
• CITIZENS RIGHT TO SPEAK
• APPROVAL OF AGENDA
• CONSENT AGENDA
• PUBLIC HEARINGS, ORDINANCES ON SECOND READING, FINAL SITE
PLANS
• ORDINANCES ON FIRST READING
• DECISIONS, RESOLUTIONS AND MOTIONS
• CITY MANAGER'S MATTERS
• CITY ATTORNEY'S MATTERS
• ELECTED OFFICIALS' MATTERS
• EXECUTIVE SESSION (AS NEEDED)
• ADJOURNMENT
C. AGENDA: PREPARATION AND INITIATION OF AGENDA ITEMS
1. The order of business of each meeting shall be as contained in the
Agenda prepared by the Mayor ProTem.
2. By majority vote of the City Council during any City Council meeting,
including any Study Session, the order of business for that meeting
may be changed. The City Manager and City Attorney may propose
to add items to the Agenda of such meetings under "Approval of
Agenda," subject to approval by a majority of the Council.
3. Agenda shall be listed by topic of subjects to be considered by the
Council and shall be distributed by 5:00p.m. on the Thursday prior
to the Monday of the Regular Meeting. In the event of a holiday, the
9
material shall be distributed not later than noon on the Friday prior
to the Monday meeting.
4. The City Clerk's Office shall be notified of the sequence of the
Agenda Items by noon on the Wednesday preceding the Monday on
which Council meets. All backup material and documents shall be
filed with the Clerk's office by 5:00p.m. on that day in order to be
included in the Council packet.
5. A majority of Council Members present is required to direct the City
Attorney or staff to draft an ordinance to be included on the agenda.
6. A majority vote of City Council Members present may add, change
the order of or delete an item from the agenda, under "Approval of
Agenda." In Regular Meetings, this must be done before Public
Hearings and Second Readings.
7. The first option of introducing Agenda Items shall go to a
representative of the Council District to which the Agenda Item
pertains or to the Council Member who initiated the item. Council
Agenda items not specific to a Council District may be introduced by
any member requesting such privilege from the Chair in advance of
the meeting or requesting to introduce the item at the meeting.
8. Fiscal Notes. The City Manager may prepare a brief explanatory note
that shall include a reliable estimate of the anticipated change in the
expenditures or revenues to the City and whether such expenditures
or revenues shall be recurring in nature during future budgets years.
This shall include any principal and interest payments required to
finance expenditures.
9. Council cannot approve an appropriation under City Manager's
Matters, City Attorney's Matters, or Elected Officials' Matters.
D. INITIATING AND ADDING AGENDA ITEMS:
1. Council Members or the Mayor may each originate an agenda item
with the approval of one other Council Member. Each Council
Member and the Mayor shall be allowed to originate only two (2)
items per month to be added to the Agenda of a Regular Meeting or
a Study Session, subject to the scheduling authority of the Mayor Pro
Tern under Rule II.B.3. It is the intent of this Rule that no more than
two agenda items may be initiated by the Mayor or any Council
Member during any single month.
2. If a Council Member asks that an item be added to the Agenda for
any Regular Meeting or Study Session, it is the responsibility of that
Council Member to provide backup material for the Council packet as
10
to the subject or arrange for that backup material to be prepared.
No item may be included in the Agenda without proper backup.
3. Other than by reconsideration pursuant to Rule V, once an item has
been decided by a formal Council vote at any Regular, Special or
Adjourned Meeting [or by a binding consensus vote at any Study
Session under Rule III.B.l] it is not eligible to be added to a future
agenda for six (6) months.
4. Motions made by Council Members, which are not in the Council
packet, must be submitted to the City Clerk and Mayor in writing
during the Council Meeting so it may be repeated, and included in
the minutes.
5. During a Regular Meeting, under the Elected Official's, City Manager's
or City Attorney's matters portion of the agenda, or at a Study
Session, a Council Member, the City Manager, or the City Attorney
may request that a motion be made to add an item to a future
Agenda for consideration, subject to approval by the Council by a
majority vote (for addition to a Regular Meeting Agenda) or a
consensus vote (for additions to a Study Session Agenda).
6. The City Manager may add administrative and operational items to
the agenda during "Approval of Agenda."
E. PUBLIC HEARINGS:
All speakers are requested to sign up on the appropriate roster, indicating
whether they intend to speak to a particular Agenda Item. The Council shall not
entertain a motion for the final disposition of the matter until the City staff and
applicant have made their presentations, if any, and the public hearing has been
closed, provided, however, that motions regarding the conduct, scheduling or
continuation of the public hearing itself shall be proper at any time.
F. ORDINANCES ON FIRST READING:
It is the goal and desire of City Council to allow all interested parties to provide
input during the Public Hearing/Second Reading on all proposed ordinances. A
full, complete, and open discussion of all proposed ordinances is encouraged
during the Public Hearing/Second Reading.
Therefore, public comment and staff presentations will occur only during the
Public Hearing/Second Reading. First Reading will be for the purposes of setting
proposed ordinances for publication, and establishing a date for the Public
Hearing/Second Reading. Amendments to a proposed ordinance can be made
during a First Reading, following the guidelines for offering amendments in these
Rules.
G. TIME OF ADJOURNMENT:
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At 11:00 P.M., the City Council shall complete action on the Agenda Item then
under discussion and shall adjourn the meeting. Prior to such adjournment, the
Council may take any or all of the following actions:
1. Acting by 3f4 majority vote, complete all or portions of the remaining
Agenda.
2. Acting by a majority vote, schedule any unfinished items for a future
Regular or Special Council Meeting.
3. Acting by majority vote, continue the meeting to a later date and
time certain.
VI. RECONSIDERATION
1. A motion to reconsider can be made only by a Council Member
originally voting with the prevailing side.
2. Such motions shall be made only at that or the next regularly
scheduled Regular Meeting. A continued or rescheduled meeting
shall be considered a next scheduled Regular Meeting for the purpose
of Reconsideration. If not reconsidered at that time, the issue
cannot be placed on any agenda for six (6) months.
3. A motion to reconsider shall require an affirmative vote of a majority
of the entire Council.
4. A Council Member who has been absent from the meeting at which
the item was discussed may vote on the substantive matter following
a successful motion to reconsider provided the Council Member
affirms on the record that he or she has listened to the recording of
that Agenda item .
VII. SUSPENSION AND AMENDMENT OF THESE RULES
A. SUSPENSION:
Any provision of these Rules not governed by the Home Rule Charter or Code of
Laws may be temporarily suspended by a three-quarters (3/4) majority vote of
Council Members present.
B. AMENDMENT:
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These Rules may be amended, or new Rules adopted by a majority vote of Council
Members at a Regular or Special Meeting, provided that the proposed
amendments or new Rules shall have been submitted in writing to Council at a
preceding meeting or a Study Session. Any Council Member, or the Mayor, may
initiate an amendment of these Rules in the manner provided for initiation of
agenda items by Rule IV.D.
C. REVIEW:
These Rules shall be reviewed by the Council within three months of a Regular
Council Election.
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Council Action Form
April 28, 2014
Page 2
RECOMMENDATIONS:
It is recommended that the City Council appoint Nancy Snow to the vacant position , tenn to
expire December 12 ,2015.
RECOMMENDED MOTION:
"I move to appoint Nancy Snow to the Election Commission, tenn to expire December 12 ,
2015 ."
Or
"I move to deny the appointment of Nancy Snow to the Election Commission for the following
reason(s ) _________ _
REPORT PREPARED BY:
Bruce Roome, Deputy City Clerk
Patrick Goff, City Manager
ATTACHMENTS:
1. Application from Nancy Snow