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HomeMy WebLinkAboutZOA-11-11CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER REINHART Council Bill No. 29 Ordinance No. 1 sn-, Series 2011 TITLE: AN ORDINANCE AMENDING CHAPTERS 5 AND 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING GENERAL CODE REVISIONS AND CLARIFICATION RELATED TO BUILDINGS, DEVELOPMENT AND IMPROVEMENTS AND REQUIRED SUBMISSION AND PERMITS FOR THE SAME WHEREAS, the City of Wheat Ridge ( "City ") is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution and the City's home rule charter ( "Charter "); and WHEREAS, pursuant to this power, the City Council has previously adopted Chapters 5 and 26 of the City of Wheat Ridge Code of Laws ( "Code ") concerning business licenses and taxes, respectively; and WHEREAS, Chapter 5 controls buildings and building regulations in the City; and WHEREAS, Chapter 26 controls zoning and development in the City; and WHEREAS, the City Council finds it is in the best interest of the City to, from time to time, update said Chapters to provide for greater ease of administration and to reflect both the practical and new technology facing both the City and applicants for development. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1 . Chapter 5, Section 5-45 of the Code is hereby amended (with appropriate re- numbering and re- lettering) as follows: Sec. 5-45. Public improvements required. (a) . Applications for building permits shall be reviewed by the d°^a,n 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 public improvements as may be required by THIS ordinance or the subdivision regulations. (b) If it is determined by the depart DIRECTOR of public works that any such public improvements (INCLUDING, BUT NOT LIMITED TO, DRAINAGE, TRAFFIC, STREET CONTINUITY, CURB, GUTTER AND SIDEWALK, RELOCATION OR UNDERGROUNDING OF UTILITIES, STREET LIGHTING, OR ROADWAY CONSTRUCTION) -are necessitated by the proposed construction based upon the specific adverse effects created by the proposed construction, including, but not limited to, drainage, traffic, street continuity, curb, gutter and sidewalk, relocation or undergrounding of utilities, street lighting, roadway construction), the depaa#Fneat DIRECTOR of public works shall so inform the building official, and in such event a condition shall be inserted in the building permit which shall require the construction of such public improvement or public improvements by the property owner and the dedication thereof to the city. All such improvements are to be constructed in full compliance with the city's engineering division regulations, design standards and construction specifications. The cost of any such improvements shall be borne by the property owner, and the construction thereof shall be at the sole cost, risk and expense of the property owner, subject to the provisions of any applicable city ordinance, regulations or policies. Subject to the requirements THIS SECTION, failure to construct any such required public improvements shall entitle the city to withhold any certificate of occupancy. (c) SIDEWALKS SHALL ONLY BE REQUIRED ON STREETS IDENTIFIED AS PEDESTRIAN ROUTES IN THE CITY OF WHEAT RIDGE BICYCLE AND PEDESTRIAN MASTER PLAN AND ON COLLECTOR AND ARTERIAL STREETS AS IDENTIFIED IN THE CITY OF WHEAT RIDGE STREETSCAPE DESIGN MANUAL. if it Is determined by the department Of PUN W00%, after GensideFation Af the facAers shall be deposited with the G The Gest estimate will be prepaFed by the L \��7R7iLTSL11 _ _ (d) THE INSTALLATION OF CURBS, GUTTERS AND SIDEWALKS AND RELATED ROADWAY IMPROVEMENTS SHALL ONLY BE REQUIRED IF SUCH IMPROVEMENTS ARE PRE - EXISTING, ADJACENT TO ANY PROPERTY ON EITHER SIDE OF THE STREET BLOCK ON WHICH THE PROPERTY IS LOCATED. (2� (e) No curbs, gutters and sidewalks shall be required for a remodeling of an existing building. (3) Installation of curbs, gutters and sidewalks would be impractical or economically unfeasible or not in the best interest of the city at the time of issuance of the certificate of occupancy. z- (d) THE INSTALLATION OF CURBS, GUTTERS AND SIDEWALKS AND RELATED ROADWAY IMPROVEMENTS SHALL ONLY BE REQUIRED IF SUCH IMPROVEMENTS ARE PRE - EXISTING, ADJACENT TO ANY PROPERTY ON EITHER SIDE OF THE STREET BLOCK ON WHICH THE PROPERTY IS LOCATED. (2� (e) No curbs, gutters and sidewalks shall be required for a remodeling of an existing building. (3) Installation of curbs, gutters and sidewalks would be impractical or economically unfeasible or not in the best interest of the city at the time of issuance of the certificate of occupancy. z- (f) In no event shall installation of curbs, gutters or sidewalks be required if the cost of installation of such curbs, gutters, sidewalks and other improvements exceeds ten (10) percent of the cost of the building permit value. IR th Gase aR __-. _..:R the aFAGLIRt of teR (IQ) peFGeRt of the value of the bu peFM'tshall be depe6 w the allowed upon any street des as aR exempt leeal street i R the G (g)(-c4 If it is determined by the depaftfeeRt DIRECTOR of public works, after consideration of the factors set forth below that INSTALLATION OF such public improvements WOULD BE IMPRACTICAL OR ECONOMICALLY UNFEASIBLE OR NOT IN THE BEST INTEREST OF THE CITY AT THE TIME OF ISSUANCE OF THE BUILDING PERMIT, THE ESTIMATED COST OF THE PUBLIC IMPROVEMENTS SHALL BE PAID TO THE CITY AS CONDITION OF APPROVAL TO BE USED TO CONSTRUCT PUBLIC IMPROVEMENTS IN AN AMOUNT AND LOCATION ROUGHLY PROPORTIONAL TO THOSE IN LIEU OF WHICH THE PAYMENT IS REQUIRED. Fnay be . ! aE;e d at a lateral -. depos with the Gity. The Gest est w be prepared by the engineering d (h)(f) Any owner, contractor or developer who is aggrieved by a decision of the depaFtmen DIRECTOR of public works requiring installation of such public improvements or essfewi+;g PAYMENT of funds in lieu of construction shall have the right to appeal the �'^�,eRt's DIRECTOR'S determination to the board of adjustment pursuant to section 2 -61 of the city's Code of Laws. Section 2. Chapter 26, Section 26 -111, Subsection D.1.m of the Code is hereby amended as follows: m. In addition to the information included on the site plan document, the following supportive information may be required IN HARD COPY, IN ELECTRONIC FILE FORMAT, OR BOTH: (1) FINAL Drainage REPORT AND Pplan; (2) Elevations and perspective drawings; (3) Traffic Impact Rfeport;. (4) CIVIL CONSTRUCTION PLANS; (5) STORMWATER MANAGEMENT PLAN (SWMP); -3- (6) STORMWATER OPERATIONS & MAINTENANCE MANUAL (O & M MANUAL). Section 3. Chapter 26, Section 26 -308, Subsection C.2.p of the Code and Subsection D.2.a are hereby amended as follows: p. METES AND BOUNDS L-Legal description , ^�„etes a nd bGunds)-OF THE TOTAL SITE INCLUDING AREA IN SQUARE FEET, WITH SECTION TIES ON THE CURRENT CITY DATUM, IN CONFORMANCE WITH CITY GEODETIC SURVEYING REQUIREMENTS. ef tetal site, METES AND BOUNDS LL -egal description WITH SECTION TIES ON THE CURRENT CITY DATUM, IN CONFORMANCE WITH CITY GEODETIC SURVEYING REQUIREMENTS, of the entire planned development, and if the final development plan is for only a portion of the site, a legal description of that portion of the site included within the final development plan. Section 4. Chapter 26, Section 26 -403 of the Code is hereby amended as follows: City datum: Those three - dimensional coordinate values established during the city STATE PLANE COORDINATE CONVERSION PROGRAM for all quarter corners, and SECTION CORNERS, AND PERMANENT HIGH ACCURACY CONTROL (PHAC) POINTS within and adjacent to the City of Wheat Ridge. GEODETIC SURVEYING: "GEODETIC SURVEYING' MEANS THE PERFORMANCE OF SURVEYS IN WHICH MEASURE OR ACCOUNT IS TAKEN OF THE SHAPE, SIZE, AND GRAVITATIONAL FORCES OF THE EARTH TO DETERMINE OR PRE- DETERMINE THE HORIZONTAL OR VERTICAL POSITIONS OF POINTS, MONUMENTS, OR STATIONS FOR USE IN THE PRACTICE OF PROFESSIONAL LAND SURVEYING OR FOR STATING THE GEODETIC POSITION OF CONTROL POINTS, MONUMENTS, OR STATIONS BY USING A COORDINATE SYSTEM OR DERIVATIVE THEREOF RECOGNIZED BY THE NATIONAL GEODETIC SURVEY. PHAC POINTS: PERMANENT HIGH ACCURACY CONTROL POINTS ESTABLISHED DURING THE CITY OF WHEAT RIDGE STATE PLANE COORDINATE CONVERSION PROGRAM BY AND FOR USE IN GLOBAL POSITIONING SURVEYS. Section 5. Chapter 26, Section 26 -407, Subsection CA is hereby amended as follows: 1. Maps of the subdivision plat shall be drawn at not less than a scale of one (1) inch equals one hundred (100) feet with the use of black, waterproof drawing ink and -4- the outer dimensions of the map shall be twenty -four (24) inches by thirty -six (36) inches with a margin of at least two (2) INCHES to be reserved along the narrow left side of each drawing, A MARGIN OF AT LEAST ONE (1) INCH ALONG THE TOP MARGIN, and a margin of at least one -half ('Y2) inch shall be FeseW ^a around the balance of the drawing. Section 6. Chapter 26, Section 26 -407, Subsections D.2, D.6, D.8 and D.9 of the Code are hereby amended as follows; further, new Subsections D.17 and 18 are added: 2. Accurate dimensions for all lines, angles, and curves used to describe boundaries, streets, alleys, easements, areas to be reserved for public use, and other important features. All curves shall be circular arcs and shall be defined by at least three (3) of the following: the radius, central angle, tangent, ARC LENGTH, CHORD LENGTH, AND CHORD BEARING. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of at least one (1) in fifty thousand (50,000). No final plat showing plus or minus dimensions will be approved. 6. Total acreage and a surveyed METES AND BOUNDS legal description of the area, with SECTION ties to two (2) section corners IN CONFORMANCE WITH CITY GEODETIC SURVEYING REQUIREMENTS. Coordinates for all section corners, and, QUARTER- SECTION CORNERS, AND PHAC POINTS used will SHALL be consistent with the CURRENT City of Wheat Ridge Datum and are available from the public works department. 8. MONUMENTS: i.A description of all monuments THAT MARK THE BOUNDARIES OF THE PROPERTY, both found and set, and a description of all control monuments used in conducting the survey. ii.RIGHT -OF -WAY SURVEY MONUMENTS SHALL BE ESTABLISHED PER CITY OF WHEAT RIDGE STANDARD SPECIFICATIONS FOR ALL NEW ROADWAYS OR RELOCATION OF EXISTING ROADWAYS, AT ALL NEW ROAD RIGHT -OF -WAY CENTERLINE INTERSECTIONS, CENTER OF RADIUS FOR CUL -DE -SACS, AND AT THE END OF THE CENTERLINE FOR DEAD END STREETS. RIGHT -OF -WAY SURVEY MONUMENTS MAY ALSO BE REQUIRED AT ROADWAY CENTERLINE POINTS OF CURVATURE, POINTS OF REVERSE OR COMPOUND CURVATURE, AND POINTS OF TANGENCY, AS DETERMINED BY THE DEPARTMENT OF PUBLIC WORKS. iii.Coordinates for all control monuments used will SHALL be consistent with the CURRENT City of Wheat Ridge datum. 9. A statement by the land suweyeF A COLORADO LICENSED PROFESSIONAL LAND SURVEYOR that the survey was performed by him or under his direct responsibility, supervision, and checking, and in accordance with all CITY OF WHEAT SIR RIDGE REQUIREMENTS AND applicable Colorado Statutes, current revised edition, as amended. THE PROFESSIONAL LAND SURVEYOR SHALL PROVIDE A STATEMENT OF ACCURACY WHICH CERTIFIES THE ACCURACY AND CONFORMANCE OF THE FINAL PLAT DOCUMENT TO ALL APPLICABLE STATE LAWS AND REQUIREMENTS SET FORTH HEREIN. 17. ALL ITEMS ON THE CITY OF WHEAT RIDGE GEODETIC SURVEYING REQUIREMENTS FOR FINAL PLATS SHALL BE ADHERED TO AND PROVIDED ON THE PLAT. 18. THE PURPOSE, WIDTH, LENGTH, AND LOCATION OF ALL EASEMENTS AND ALL ABUTTING EASEMENTS SHALL BE CLEARLY LABELED AND IDENTIFIED. IF ANY EASEMENT ALREADY OF RECORD CANNOT BE DEFINITELY LOCATED, A STATEMENT OF ITS EXISTENCE AND ITS RECORDED REFERENCE SHALL APPEAR ON THE PLAT TITLE SHEET. Section 7. Chapter 26, Section 26 -407, Subsections E.3 and E.13 of the Code are hereby amended as follows; further, new Subsections E.18 and 19 are added: 3. Complete engineering plans and specifications SHALL BE SUBMITTED IN HARDCOPY AND MAY BE REQUIRED IN AN ELECTRONIC FILE FORMAT ACCEPTABLE TO THE CITY for all public facilities to be installed, i.e., water and sewer utilities, traffic control devices, traffic calming features, streets, street lights, street signs and related public improvements, bridges, and storm drainage, including design analysis when required. 13. A computer readable drawing OF THE FINAL PLAT SHALL BE SUBMITTED may be Fequired to be submitted n a floppy dislE CD -ROM, DVD -ROM, OR OTHER ELECTRONIC FILE FORMAT ACCEPTABLE TO THE CITY. The information shall be ON THE CURRENT CITY OF WHEAT RIDGE DATUM IN CONFORMANCE WITH CITY GEODETIC SURVEYING REQUIREMENT STANDARDS AS ESTABLISHED BY THE PUBLIC WORKS DEPARTMENT, be compatible with the current Autocad release CITY MAPPING SOFTWARE AND LAYERING STANDARDS, and include, but not limited to, SECTION TIES, ties to a minimum of two (2) section (land) corners, CONTROL MONUMENTS, exterior boundaries, interior lot lines, easements, rights -of- way (existing and proposed), all to include bearings and distances. 18. A CLOSURE REPORT FROM THE PROFESSIONAL LAND SURVEYOR CONTAINING THE CLOSURE CALCULATIONS AND ERROR OF CLOSURE WITH AREA (ROUNDED TO THE NEAREST SQUARE FOOT) FOR THE SUBDIVISION BOUNDARY. 19. A COPY OF THE CITY GEODETIC SURVEYING REQUIREMENTS CHECKLIST, COMPLETED AND INITIALED BY THE PROFESSIONAL LAND SURVEYOR CERTIFYING THE PLAT. Section 8. Chapter 26, Section 26 -412, Subsection C.1.b of the Code is hereby amended as follows: b. Concrete curbs, gutters, and sidewalks. (1) CURBS, GUTTERS AND SIDEWALKS SHALL BE PROVIDED FOR ALL SUBDIVISIONS THAT REQUIRE NEW STREETS. (2) SUBDIVISIONS OF PROPERTY LOCATED ADJACENT TO EXISTING STREETS WILL REQUIRE CONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS IF THE EXISTING STREETS ARE DESIGNATED AS PEDESTRIAN OR TRAIL ROUTES IN THE CITY OF WHEAT RIDGE BICYCLE AND PEDESTRIAN MASTER PLAN OR ARE COLLECTOR OR ARTERIAL STREETS AS IDENTIFIED IN THE CITY OF WHEAT RIDGE STREETSCAPE DESIGN MANUAL. Section 9. Chapter 26, Section 26 -412, Subsection H of the Code is hereby amended as follows: 1. In conjunction with the required drainage certification, the owner will furnish the city, free of charge, A HARDCOPY, SIGNED AND SEALED BY THE ENGINEER OF RECORD, OF THE drawings and specifications, including supplemental drawings, relating to improvements, showing them in their as -built locations ON THE CURRENT CITY OF WHEAT RIDGE DATUM. 2. The as- built's shall be prepared and certified by a registered professional engineer in accordance with the requirements of Wheat Ridge and prior to the city's issuance of the first certificate of occupancy in the subdivision. 3. AN ELECTRONIC FILE CONTAINING THE AS- BUILTS SHALL ACCOMPANY THE SIGNED AND SEALED HARDCOPY, AND BE FURNISHED IN A FORMAT COMPATIBLE WITH THE CITY MAPPING SOFTWARE AND LAYERING STANDARDS ON CD -ROM, DVD -ROM, OR OTHER ELECTRONIC MEDIA ACCEPTABLE TO THE CITY. Section 10. Chapter 26, Section 26 -413, Subsection B of the Code is hereby amended as follows: The publiG WOFks depaFtFneRt COMMUNITY DEVELOPMENT DEPARTMENT and the subdivider shall prepare an agreement in substantially the form of Appendix B [on file in the office of the city clerk], which details the obligations of the city and the subdivider, the estimated costs of public improvements to the property and the amount of letter of credit to be supplied by the subdivider. Section 11. Chapter 26, Section 26 -623 of the Code is hereby amended (and re- lettered) as follows: 7- A. Generally. FOR OPERATIONS WHEREBY A BUILDING PERMIT IS NOT REQUIRED PURSUANT TO THE UNIFORM CODES ADOPTED BY THE CITY AND CONTAINED IN CHAPTER 5 OF THIS CODE, NNo deposit, GRADING, and /or extractive operation DISTURBING AN AREA OF ONE (1) ACRE OR MORE SHALL BE PERMITTED IN ANY DISTRICT EXCEPT IN THE MANNER PRESCRIBED HEREIN. WHERE DISTURBED AREAS ARE LESS THAN ONE (1) ACRE AND SUCH OPERATION IS A PART OF A LARGER COMMON PLAN OF DEVELOPMENT LARGER THAN ONE (1) ACRE IN SIZE, NO DEPOSIT, GRADING, AND /OR EXTRACTION OPERATION shall be permitted in any district except in the manner prescribed herein. It is the intent and purpose of this section to establish reasonable uniform limitations, safeguards and controls in the City of Wheat Ridge for the conservation and wise utilization of property through deposit, GRADING, and /or extraction of soil, sand, gravel, rock, minerals, CONCRETE OR ASPHALT PAVEMENT, and other similar. resources MATERIALS. However, a primary intent and purpose is to protect surrounding properties from adverse impacts, including, but not limited to, drainage problems, soil erosion, traffic problems, changes in ground elevation relative to adjacent properties, etc., which may be created by such operations. All fees shall be in accordance with those fees established by the Uniform Building Code. ALL OPERATIONS SHALL COMPLY WITH ALL PROVISIONS IN CHAPTER 20 OF THIS CODE (STORMWATER QUALITY AND CONTROL), AND AAny fill operation which is proposed for a parcel located within a 100 -year floodplain shall additionally comply with the Floodplain Zoning Ordinance, article VIII of this chapter. B. Wer-eXGaVa60RandFd1PeFn9k&. 10 �00701"ffirfflfbl REV N . - . �Crn_ 01 poll I'm .... OF .... ,. .... .. ._ .... GRADING PERMITS. DUMPING, LANDFILL, GRADING, AND /OR EXTRACTION OPERATIONS WHICH DISTURB AN AREA OF ONE (1) ACRE OR MORE IN SIZE MAY BE ALLOWED BY A PERMIT ISSUED BY THE ENGINEERING MANAGER AFTER REVIEWING AN APPLICATION AND SUPPORTING INFORMATION SUBMITTED TO THE. PUBLIC WORKS DEPARTMENT. SUCH DEPOSIT OR EXTRACTION OF EARTH, SAND, GRAVEL, ROCK, MINERALS, CONCRETE OR ASPHALT PAVEMENT, OR OTHER SIMILAR MATERIALS, AND /OR STORAGE THEREOF, ARE SUBJECT TO THE FOLLOWING CONDITIONS. A GRADING PERMIT MAY BE ISSUED FOR A PERIOD OF TIME NOT TO EXCEED ONE (1) YEAR AND MAY BE RENEWED UPON WRITTEN REQUEST: 1. Application. An application for speGial use GRADING permit shall be submitted to the Gemmunity develapmeR PUBLIC WORKS department and shall be accompanied by the appropriate fee and by engineered plans and drawings which illustrate the following minimum information: a. Certified survey of the site SHOWING EXISTING EASEMENTS AND RIGHT -OF -WAY with A corresponding metes and bounds legal description FOR THE BOUNDARY ON THE CURRENT CITY DATUM. b. Name and address of property owner(s) and lessee(s), both within the site and adjacent to the site's perimeter. C . I .. atiO.. and e)d 4 F a reas t b filledandla.r a d A GRADING AND EROSION CONTROL PLAN SHOWING THE LOCATION AND EXTENT OF AREAS TO BE FILLED AND /OR EXCAVATED, EXISTING & PROPOSED CONTOUR LINES USING ELEVATIONS CONSISTENT WITH THE CURRENT CITY DATUM DRAWN AT A SCALE ACCEPTABLE TO THE ENGINEERING MANAGER, AND ANY EROSION CONTROL ITEMS REQUIRED PER THE STORMWATER MANAGEMENT PLAN. d. A STORMWATER MANAGEMENT PLAN DEFINING BOTH CONSTRUCTION AND POST - CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP'S). e. whioh identifies existing wateFway6 and drainage ^ d t'^^ any Gh eXiStiRg gFa Gles a 10- — — Wid .... NO NO 0"NOW 00 _ _ , GRADING PERMITS. DUMPING, LANDFILL, GRADING, AND /OR EXTRACTION OPERATIONS WHICH DISTURB AN AREA OF ONE (1) ACRE OR MORE IN SIZE MAY BE ALLOWED BY A PERMIT ISSUED BY THE ENGINEERING MANAGER AFTER REVIEWING AN APPLICATION AND SUPPORTING INFORMATION SUBMITTED TO THE. PUBLIC WORKS DEPARTMENT. SUCH DEPOSIT OR EXTRACTION OF EARTH, SAND, GRAVEL, ROCK, MINERALS, CONCRETE OR ASPHALT PAVEMENT, OR OTHER SIMILAR MATERIALS, AND /OR STORAGE THEREOF, ARE SUBJECT TO THE FOLLOWING CONDITIONS. A GRADING PERMIT MAY BE ISSUED FOR A PERIOD OF TIME NOT TO EXCEED ONE (1) YEAR AND MAY BE RENEWED UPON WRITTEN REQUEST: 1. Application. An application for speGial use GRADING permit shall be submitted to the Gemmunity develapmeR PUBLIC WORKS department and shall be accompanied by the appropriate fee and by engineered plans and drawings which illustrate the following minimum information: a. Certified survey of the site SHOWING EXISTING EASEMENTS AND RIGHT -OF -WAY with A corresponding metes and bounds legal description FOR THE BOUNDARY ON THE CURRENT CITY DATUM. b. Name and address of property owner(s) and lessee(s), both within the site and adjacent to the site's perimeter. C . I .. atiO.. and e)d 4 F a reas t b filledandla.r a d A GRADING AND EROSION CONTROL PLAN SHOWING THE LOCATION AND EXTENT OF AREAS TO BE FILLED AND /OR EXCAVATED, EXISTING & PROPOSED CONTOUR LINES USING ELEVATIONS CONSISTENT WITH THE CURRENT CITY DATUM DRAWN AT A SCALE ACCEPTABLE TO THE ENGINEERING MANAGER, AND ANY EROSION CONTROL ITEMS REQUIRED PER THE STORMWATER MANAGEMENT PLAN. d. A STORMWATER MANAGEMENT PLAN DEFINING BOTH CONSTRUCTION AND POST - CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP'S). e. whioh identifies existing wateFway6 and drainage ^ d t'^^ any Gh eXiStiRg gFa Gles a 10- DRAINAGE REPORT AND PLAN IN CONFORMANCE WITH THE CITY'S SITE DRAINAGE REQUIREMENTS. f. Location of existing and proposed points of ingress /egress. g. Location of residences, structures, AND utilities and readways ::'thi^ ene ^uaFter I'` mile d•staRGA m LYING INSIDE THE SITE in question AND WITHIN A FIFTY (50) FOOT PERIMETER ADJACENT TO THE SITE. h. NAME, LOCATION, AND SURFACING OF ALL ROADWAYS BOTH WITHIN AND ADJACENT TO THE SITE TO BE USED FOR HAULAGE. i. SCHEDULE OF OPERATIONS, INCLUDING COMPLETION DATE. jm LeGat and GhaFaGteF ef pmpesed l an the site COPIES OF ANY PERMITS ISSUED BY THE STATE OF COLORADO REQUIRED FOR THE OPERATION. k• SGhedule Of GpeFatienG, induding Gempletion date. COPIES OF ALL MATERIALS REQUIRED TO BE SUBMITTED TO THE STATE OF COLORADO OR THE U.S. GOVERNMENT, WHERE SUCH AGENCIES ARE INVOLVED IN PERMIT REVIEWS AND /OR APPROVALS AS A REFERRAL, PERMITTING OR FUNDING AGENCY. 1. Copi of all mate a' FeqU i b su b m itt e d a th S tate t Performance standards. a. prepeFty Roads. Subject to operators maintaining all haulage roads used in connection with this operation, under their control or ownership, as much as possible in a dust -free condition. Such haulage roads shall not be established along existing residential streets except as may be provided by a special permit. This shall not preclude collector or major streets from being used for this purpose. b. EROSION CONTROL. EROSION CONTROL PROVISIONS UTILIZED DURING OPERATIONS SHALL ADHERE TO THE BMP'S IDENTIFIED IN THE STORMWATER MANAGEMENT PLAN. C. F-en The PFOp G ta' g th )d a f' epeFa sha b Fnetal fenee with a Fn he of seventy two (72) i RGhe6. 11- Drainage. DEBRIS AND /OR CONTAMINANTS SHALL NOT BE ACCUMULATED OR DISCHARGED BEYOND THE PROPERTY LINE BY ANY MEANS OF TRANSPORTATION INCLUDING THAT OF NATURAL DRAINAGE. THE OPERATION SHALL BE CONDUCTED SO THAT THE EXCAVATED AREA WILL NOT PERMIT WATER OF A STAGNATED NATURE TO COLLECT OR REMAIN. SITE STABILIZATION. ALL GRADING PERMITS SHALL CONTAIN PROVISIONS TO STABILIZE THE SITE AS NEAR OR CLOSELY AS IS PRACTICABLE TO ITS PRIOR NATURAL STATE OR CONDITION OR IN SUCH STATE OR CONDITION AS THE ENGINEERING MANAGER MAY APPROVE. METHODS OF SITE STABILIZATION SHALL ADHERE TO ALL BMP'S PER THE APPROVED STORMWATER MANAGEMENT. 503 ultimately used for lake PUF p eses er- strustares, ets , shall be 3. Bond. To insure rehabilitation of the site as prescribed in subsection g., above, there shall be required at the time the original permit is issued a performance bond naming the city council of the City of Wheat Ridge as obligee in an amount and type to be determined by the city engineer, based on and with consideration for the magnitude of the excavation activities and rehabilitation requirements. In no instance shall the amount of the bond be less than five TWENTY thousand dollars ($5, 000:90$20, 000.00). 4. Insurance. Every operator, before commencing operations, shall be insured to the extent of two hundred fifty thousand dollars ($250,000.00) -12- per-person, one million dollars ($1,000,000.00) per occurrence against liability arising from production, activities or operations incidental thereto conducted or carried on under or by virtue of any law, resolution or condition imposed by these regulations, and such insurance shall be kept in full force and effect during the period of such operations, including site rehabilitation. A certificate indicating protection by such insurance shall be filed with the application for special permit. 5. Equipment. All equipment used shall be maintained and operated utilizing standard items, such as mufflers, filters, etc., as much as possible to eliminate noise, vibration, dust, etc., which are injurious or substantially annoying to persons living in the vicinity. 6. Hours of operation. All activities shall operate from 7:00 a.m. to 5:00 p.m. Operations shall not be permitted on Saturdays, Sundays or holidays, UNLESS OTHERWISE APPROVED BY THE ENGINEERING MANAGER. Section 12 Severability, Conflicting Ordinances Repealed If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 13 . Effective Date This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 26th day of September, 2011, ordered it published with Public Hearing and consideration on final passage set for October 10, 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado and that it takes effect 15 days after final publication.. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to o , this loth day of October 2011. SIGNED by the Mayor on this 10th day of October, ,2011. 7 -13- ATTEST: Michael Snow, City Clerk First Publication: September 29, 2011 Second Publication: October 13, 2011 Wheat Ridge Transcript Effective Date: October 28, 2011 WHEgT nrAI 0 OL RO P " 1a- 3. Council Bill 30 -2011 —approving the Transfer of Ownership of Ye Olde Firehouse located at 3232 Depew Street, Wheat Ridge, Colorado, to the Seniors' Resource Center, Inc., 3227 Chase Street, Wheat Ridge Colorado Mayor DiTullio opened the public hearing. Council Bill 30 -2011 was introduced on second reading by Ms. Berry. Deputy City Clerk Bruce Roome assigned Ordinance No. 1501. No staff presentation provided. Kathleen Stapleton, Chair of the Board of the Senior Resource Center (SRC) stated that the SRC would appreciate it if City Council would pass this Ordinance. The SRC already uses this facility quite a lot and plans to keep the facility open to the public. Mayor DiTullio closed the public hearing. Motion by Ms. Berry to approve Council Bill 30 -2011 (Ordinance 1501) on second reading and that if take effect 15 days after final publication; seconded by Mrs. Langworthy; Motion by Mr. Reinhart to amend the original motion by adding new third sentence, "The instrument of conveyance shall include a reservation of a right of use by the public substantially the same as in the past, and a right of reverter if such public use is terminated for any reason.'; seconded by Mr. Stites; carried 8 -0 Original motion as amended carried 8 -0. 4. Council Bill 28 -2011 — amending the Wheat Ridge Code of Laws Chapter 18 renumbering Article II as Article I and enacting a new Article II, concerning funding for Public Art. Mayor DiTullio opened the public hearing. Council Bill 28 -2011 was introduced on second reading by Ms. Berry. Deputy City Clerk Bruce Roome assigned Ordinance No. 1502. No staff presentation. No citizens were present to speak. Mayor DiTullio closed the public hearing. Motion by Ms. Berry to approve Council Bill 28 -2011 (Ordinance 1502) on second reading and that if take effect 15 days after final publication, amended to strike 18 -22B and insert, "Unless otherwise directed by city council, all public projects, as defined in Section 18 -22a, shall include an appropriation of funds for public art, within the project area, at the rate of one percent of the project cost.'; seconded by Mrs. Jay; carried 7 -1 with Mrs. Sang voting No. 5, Council Bill 29 -2011 — amending Chapters 5 and 26 of the Wheat Ridge Code of Laws concerning General Code Revisions and Clarification related to Buildings, Development and Improvements and required submission and permits for the same Mayor DiTullio opened the public hearing. Council Bill 29 -2011 was introduced on second reading by Mr. Reinhart. Deputy City Clerk Bruce Roome assigned Ordinance No. 1503. No staff presentation. No citizens were present to speak. Mayor DiTullio closed the public meeting. Motion by Mr. Reinhart to approve Council Bill 29 -2011 (Ordinance 1503) on second reading and that if take effect 15 days after final publication; seconded by Mrs. Sang; carried 8 -0. ORDINANCES ON FIRST READING 6. Council Bill 31 -2011 — amending a Combined Outline and Final Development plan for property zoned Planned Industrial Development located within the L & K Industrial Park and specifically, 10700 W. 50 Avenue (Case No. WZ- 11- 06 /ATECS for T- Mobile) Council Bill 31 -2011 was introduced on first reading by Mr. DeMott. Motion by Mr. DeMott to approve Council Bill No. 31 -2011, on first reading, order it published, public hearing set for Monday, November 28, 2011 at 7:00 p.m. in City Council Chambers; seconded by Mrs. Sang; carried 8 -0. 7. Council Bill 32 -2011 — amending the Wheat Ridge Code of Laws concerning regulation of Massage Therapy and Massage Parlors Council Bill 32 -2011 was introduced on first reading by Mr. Stites. Motion by Mr. Stites to approve Council Bill No. 30 -2011 on first reading, order it published; public hearing set for Monday, October 24, 2011 at 7:00 p.m. in City Council Chambers; seconded by Mr. Reinhart; carried 8 -0. DECISIONS RESOLUTIONS, AND MOTIONS 8. Resolution 32 -2011 — adopting the City Budget and appropriating sums of money to the various funds and spending agencies in the amounts specified for the City of Wheat Ridge, Colorado for the 2012 Budget Year Resolution 32 -2011 was introduced by Mr. Reinhart. Motion by Mr. Reinhart to approve Resolution 32 -2011; seconded by Mr. Stites; carried 8 -0. 9. Resolution 37 -2011 — levying general property taxes for the year 2011, to help defray the costs of Government for the City of Wheat Ridge, Colorado for the 2012 Budget Year Resolution 37 -2011 was introduced by Mr. Reinhart. e City of Wheat ledge ITEM NO: S DATE: October 10, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 29 -2011 — AN ORDINANCE AMENDING CHAPTERS 5 AND 26 OF T14E WHEAT RIDGE CODE OF LAWS CONCERNING GENERAL CODE REVISIONS AND CLARIFICATION RELATED TO BUILDINGS, DEVELOPMENT AND IMPROVEMENTS AND REQUIRED SUBMISSION AND PERMITS FOR THE SAME ® PUBLIC HEARING ❑ ORDINANCES FOR 1 READING (9/26/2011) ❑ BIDS /MOTIONS ORDINANCES FOR 2 READING (10/10/2011) ❑ RESOLUTIONS QUASI- JUDICIAL: ❑ YES NO 1 r 4 i� Director of Pub& rl s City Manager ISSUE Existing ordinances require construction of public improvements adjacent to properties where new buildings are being constructed and where significant additions are being added to existing buildings. Construction of public improvements is also required on new and adjacent existing streets when property is subdivided. The proposed ordinance would reduce those requirements in many cases. Existing ordinances require grading permits when more than fifty (50) cubic yards of dirt is excavated or imported. The proposed ordinance would greatly reduce required grading permits. Chapter 26 is not current relative to the City's adopted survey and GIS standards. PRIOR ACTION: Council discussed these issues in a study session on July 18, 2011. The attached ordinance is the product of that meeting. The proposed ordinance was reviewed by the Planning Commission on September 1, 2011 and recommended to the City Council with two minor changes. V :AFonns\CAFtemplate Council Action Form October 10, 2011 Page 2 FINANCIAL, IMPACT None BACKGROUND: Curb, Gutter and Sidewalk Requirements Section 5 -45 of the City Code has historically been interpreted to require construction of public improvements adjacent to properties where new buildings are being constructed and where significant additions to existing buildings are being constructed. Section 26 -412 requires that public improvements be provided for all subdivisions. The attached draft changes to Section 5-45 would limit the requirement for sidewalks to pedestrian routes identified in the City Bicycle and Pedestrian Master Plan and on collector and arterial streets identified in the City Streetscape Design Manual. Curbs, gutters and sidewalks would only be required if such improvements exist within the block on which the subject property fronts. The draft ordinance also would eliminate the currently required escrow of funds when construction of public improvements is not practical. The estimated cost of the required public improvements would, instead, be paid as a condition of approval to be used for construction of public improvements in the City. The intent is to use the impact fees to fund sidewalk, curb and gutter projects, such as was provided by the previous "Missing links Sidewalk Construction Program ". The proposed changes to Section 26 -412 would limit the requirement for construction of curbs, gutters and sidewalks to new streets proposed with a subdivision and on adjacent existing streets that are pedestrian routes identified in the City Bicycle and Pedestrian Master Plan or on collector and arterial streets identified in the City Streetscape Design Manual, Grading Permits The existing City Code Section 26 -623 requires grading permits when more than fifty (50) cubic yards of dirt is excavated or imported. Typically, projects that require grading pennits also require building permits. To develop a less restrictive development environment, Staff is suggesting that a grading permit be required only when one (1) acre or more of a property is disturbed and the activity is not associated with a building permit. Additional changes are recommended to assist with compliance with the Stormwater Management Program. The permit bond insuring re- vegetation of the site should also be increased to $20,000 to provide sufficient funding if City involvement is necessary. Technical Updates Chapter 26 of the City Code should be amended to incorporate current requirements concerning land use document submittals. The changes will provide the necessary documentation in compliance with the City's adopted survey and GJS standards. RECOMMENDATION: Adopt the ordinance as attached. Council Action Form October 10, 2011 Page 3 RECOMMENDED MOTION: "I move to approve Council Bill No. 29 -2011 an ordinance amending Chapters 5 and 26 of the Wheat Ridge Code of Laws concerning general Code revisions and clarification related to buildings, development and improvements and required submission and permits for the same, on second reading, and that it takes effect 15 days after final publication." Or, "I move to table indefinitely Council Bill No. 29-2011 amending Chapters 5 and 26 of the Wheat Ridge Code of Laws concerning general Code revisions and clarification related to buildings, development and improvements and required submission and permits for the same for the following reason(s) REPORT PREPARED/REVIEWED BY: Gerald E. Dahl, City Attorney Tim Paranto, Director of Public Works ATTACHMENTS: 1. Ordinance No. 29 -2011 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER REINHART Council Bill No. 29 Ordinance No. Series 2011 TITLE: AN ORDINANCE AMENDING CHAPTERS 5 AND 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING GENERAL CODE REVISIONS AND CLARIFICATION RELATED TO BUILDINGS, DEVELOPMENT AND IMPROVEMENTS AND REQUIRED SUBMISSION AND PERMITS FOR THE SAME WHEREAS, the City of Wheat Ridge ( "City ") is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution and the City's home rule charter ( "Charter "); and WHEREAS, pursuant to this power, the City Council has previously adopted Chapters 5 and 26 of the City of Wheat Ridge Code of Laws ( "Code ") concerning business licenses and taxes, respectively; and WHEREAS, Chapter 5 controls buildings and building regulations in the City; and WHEREAS, Chapter 26 controls zoning and development in the City; and WHEREAS, the City Council finds it is in the best interest of the City to, from time to time, update said Chapters to provide for greater ease of administration and to reflect both the practical and new technology facing both the City and applicants for development. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1 . Chapter 5, Section 5 -45 of the Code is hereby amended (with appropriate re- numbering and re- lettering) as follows: Sec. 5-45. Public improvements required. (a) Applications for building permits shall be reviewed by the depa#ngeqt 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 public improvements as may be required by THIS ordinance or the subdivision regulations. (b) if it is determined by the department DIRECTOR of public works that any such public improvements (INCLUDING, BUT NOT LIMITED TO, DRAINAGE, TRAFFIC, STREET CONTINUITY, CURB, GUTTER AND SIDEWALK, RELOCATION OR UNDERGROUNDING OF UTILITIES, STREET LIGHTING, OR ROADWAY Attachment 1 CONSTRUCTION) are necessitated by the proposed construction based upon the specific adverse effects created by the proposed construction, including, but not limited to, drainage, traffic, street continuity, curb, gutter and sidewalk, relocation or undergrounding of utilities, street lighting, roadway construction), the departme—pt DIRECTOR of public works shall so inform the building official, and in such event a condition shall be inserted in the building permit which shall require the construction of such public improvement or public improvements by the property owner and the dedication thereof to the city. All such improvements are to be constructed in full compliance with the city's engineering division regulations, design standards and construction specifications. The cost of any such improvements shall be borne by the property owner, and the construction thereof shall be at the sole cost, risk and expense of the property owner, subject to the provisions of any applicable city ordinance, regulations or policies. Subject to the requirements THIS SECTION, failure to construct any such required public improvements shall entitle the city to withhold any certificate of occupancy. (c) SIDEWALKS SHALL ONLY BE REQUIRED ON STREETS IDENTIFIED AS PEDESTRIAN ROUTES IN THE CITY OF WHEAT RIDGE BICYCLE AND PEDESTRIAN MASTER PLAN AND ON COLLECTOR AND ARTERIAL STREETS AS IDENTIFIED IN THE CITY OF WHEAT RIDGE STREETSCAPE DESIGN MANUAL- if it is detpFwined by the - ef- publie works, oftEr -eensidenation- of- the-fa-Gtors set- fertFi -below hat -suel� ptt 4G improvements +pay4ae-plaeed -at-a- later- date -AA- escrow MINN. 1.1-ow e- e t. (d) THE INSTALLATION OF CURBS, GUTTERS AND SIDEWALKS AND RELATED ROADWAY IMPROVEMENTS SHALL ONLY BE REQUIRED IF SUCH IMPROVEMENTS ARE PRE - EXISTING ADJACENT TO ANY PROPERTY ON EITHER SIDE OF THE STREET BLOCK ON WHICH THE PROPERTY IS LOCATED. (2) (e) No curbs, gutters and sidewalks shall be required for a remodeling of an existing building_ (3) Installation of curbs, gutters and sidewalks would be impractical or economically unfeasible or not in the best interest of the city at the time of issuance of the certificate of occupancy. -z- no event • of • gutters or •- be required if the co of • of • gutters, • d other improvements exceeds (10) percent of the cost of the building permit value. IR th 6 GaSe, an esGrow in-the . A • - a• a 1601011100— a - •- es Wall s - (g)(e) If it is determined by the department DIRECTOR of public works, after consideration of the factors set forth below that INSTALLATION OF such public improvements WOULD BE IMPRACTICAL OR ECONOMICALLY UNFEASIBLE OR NOT IN THE BEST INTEREST OF THE CITY AT THE TIME OF ISSUANCE OF THE BUILDING PERMIT, THE ESTIMATED COST OF THE PUBLIC IMPROVEMENTS SHALL BE PAID TO THE CITY AS CONDITION OF APPROVAL TO BE USED TO CONSTRUCT PUBLIC IMPROVEMENTS IN AN AMOUNT AND LOCATION ROUGHLY PROPORTIONAL TO THOSE IN LIEU OF WHICH THE PAYMENT IS REQUIRED, .^,a b °- aced ata4atdate (h)(4 Any owner, contractor or developer who is aggrieved by a decision of the department DIRECTOR of public works requiring installation of such public improvements or essmwinq PAYMENT of funds in lieu of construction shall have the right to appeal the dep tment's DIRECTOR'S determination to the board of adjustment pursuant to section 2 -61 of the city's Code of Laws. Section 2. Chapter 26, Section 26 -111, Subsection D.1.m of the Code is hereby amended as follows: m. In addition to the information included on the site plan document, the following supportive information may be required IN HARD COPY, IN ELECTRONIC FILE FORMAT, OR BOTH: (1) FINAL Drainage REPORT AND Ppian; (2) Elevations and perspective drawings; (3) Traffic limpact Rreport;. (4) CIVIL CONSTRUCTION PLANS; (5) STORMWATER MANAGEMENT PLAN (SWMP), -3- (6) STORMWATER OPERATIONS & MAINTENANCE MANUAL (O & M MANUAL). Section 3. Chapter 26, Section 26 -308, Subsection C.2.p of the Code and Subsection D.2.a are hereby amended as follows: p. METES AND BOUNDS LLegal description (metes and bauRds -) OF THE TOTAL SITE INCLUDING AREA IN SQUARE FEET, WITH SECTION TIES ON THE CURRENT CITY DATUM, IN CONFORMANCE WITH CITY GEODETIC SURVEYING REQUIREMENTS. a. METES AND BOUNDS LLegal description WITH SECTION TIES ON THE CURRENT CITY DATUM, IN CONFORMANCE WITH CITY GEODETIC SURVEYING REQUIREMENTS, of the entire planned development, and if the final development plan is for only a portion of the site, a legal description of that portion of the site included within the final development plan. Section 4. Chapter 26, Section 26 -403 of the Code is hereby amended as follows: City datum: Those three - dimensional coordinate values established during the eity moriumentatien program STATE PLANE COORDINATE CONVERSION PROGRAM for all quarter corners, and SECTION CORNERS, AND PERMANENT HIGH ACCURACY CONTROL (PHAC) POINTS within and adjacent to the City of Wheat Ridge. GEODETIC SURVEYING: "GEODETIC SURVEYING" MEANS THE PERFORMANCE OF SURVEYS IN WHICH MEASURE OR ACCOUNT IS TAKEN OF THE SHAPE, SIZE, AND GRAVITATIONAL FORCES OF THE EARTH TO DETERMINE OR PRE- DETERMINE THE HORIZONTAL OR VERTICAL POSITIONS OF POINTS, MONUMENTS, OR STATIONS FOR USE IN THE PRACTICE OF PROFESSIONAL LAND SURVEYING OR FOR STATING THE GEODETIC POSITION OF CONTROL POINTS, MONUMENTS, OR STATIONS BY USING A COORDINATE SYSTEM OR DERIVATIVE THEREOF RECOGNIZED BY THE NATIONAL GEODETIC SURVEY. PHAC POINTS: PERMANENT HIGH ACCURACY CONTROL POINTS ESTABLISHED DURING THE CITY OF WHEAT RIDGE STATE PLANE COORDINATE CONVERSION PROGRAM BY AND FOR USE IN GLOBAL POSITIONING SURVEYS. Section 5. Chapter 26, Section 26 -407, Subsection CA is hereby amended as follows: 1. Maps of the subdivision plat shall be drawn at not less than a scale of one (1) inch equals one hundred (100) feet with the use of black, waterproof drawing ink and -a- the outer dimensions of the map shall be twenty -four (24) inches by thirty -six (36) inches with a margin of at least two (2) INCHES to be reserved along the narrow left side of each drawing, A MARGIN OF AT LEAST ONE (1) INCH ALONG THE TOP MARGIN, and a margin of at least one -half (' /z) inch h ese nred -- around the balance of the drawing. Section 6. Chapter 26, Section 26 -407, Subsections D.2, D.6, D.8 and D.9 of the Code are hereby amended as follows; further, new Subsections D.17 and 18 are added: 2. Accurate dimensions for all lines, angles, and curves used to describe boundaries, streets, alleys, easements, areas to be reserved for public use, and other important features. All curves shall be circular arcs and shall be defined by at least three (3) of the following: the radius, central angle, tangent, ARC LENGTH, CHORD LENGTH, AND CHORD BEARING. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of at least one (1) in fifty thousand (50,000). No final plat showing plus or minus dimensions will be approved. 6. Total acreage and a surveyed METES AND BOUNDS legal description of the area, with SECTION ties to two (2) section corners IN CONFORMANCE WITH CITY GEODETIC SURVEYING REQUIREMENTS. Coordinates for all section corners, and, QUARTER - SECTION CORNERS, AND PHAC POINTS used will SHALL be consistent with the CURRENT City of Wheat Ridge Datum and are available from the public works department. 8. MONUMENTS: LA description of all monuments THAT MARK THE BOUNDARIES OF THE PROPERTY, both found and set, and a description of all control monuments used in conducting the survey. ii.RIGHT -OF -WAY SURVEY MONUMENTS SHALL BE ESTABLISHED PER CITY OF WHEAT RIDGE STANDARD SPECIFICATIONS FOR ALL NEW ROADWAYS OR RELOCATION OF EXISTING ROADWAYS, AT ALL NEW ROAD RIGHT -OF -WAY CENTERLINE INTERSECTIONS, CENTER OF RADIUS FOR CUL -DE -SACS, AND AT THE END OF THE CENTERLINE FOR DEAD END STREETS, RIGHT -OF -WAY SURVEY MONUMENTS MAY ALSO BE REQUIRED AT ROADWAY CENTERLINE POINTS OF CURVATURE, POINTS OF REVERSE OR COMPOUND CURVATURE, AND POINTS OF TANGENCY, AS DETERMINED BY THE DEPARTMENT OF PUBLIC WORKS, iii.Coordinates for all control monuments used will SHALL be consistent with the CURRENT City of Wheat Ridge datum. 9. A statement by the ' „� ,Qnd surQeyo A COLORADO LICENSED PROFESSIONAL LAND SURVEYOR that the survey was performed by him or under his direct responsibility, supervision, and checking, and in accordance with all CITY OF WHEAT 6m RIDGE REQUIREMENTS AND applicable Colorado Statutes, current revised edition, as amended. THE PROFESSIONAL LAND SURVEYOR SHALL PROVIDE A STATEMENT OF ACCURACY WHICH CERTIFIES THE ACCURACY AND CONFORMANCE OF THE FINAL PLAT DOCUMENT TO ALL APPLICABLE STATE LAWS AND REQUIREMENTS SET FORTH HEREIN. 17. ALL ITEMS ON THE CITY OF WHEAT RIDGE GEODETIC SURVEYING REQUIREMENTS FOR FINAL PLATS SHALL BE ADHERED TO AND PROVIDED ON THE PLAT. 18. THE PURPOSE, WIDTH, LENGTH, AND LOCATION OF ALL EASEMENTS AND ALL ABUTTING EASEMENTS SHALL BE CLEARLY LABELED AND IDENTIFIED. IF ANY EASEMENT ALREADY OF RECORD CANNOT BE DEFINITELY LOCATED, A STATEMENT OF ITS EXISTENCE AND ITS RECORDED REFERENCE SHALL APPEAR ON THE PLAT TITLE SHEET. Section 7. Chapter 26, Section 26 -407, Subsections E.3 and E.13 of the Code are hereby amended as follows; further, new Subsections E.18 and 19 are added: 3. Complete engineering plans and specifications SHALL BE SUBMITTED IN HARDCOPY AND MAY BE REQUIRED IN AN ELECTRONIC FILE FORMAT ACCEPTABLE TO THE CITY for all public facilities to be installed, i.e., water and sewer utilities, traffic control devices, traffic calming features, streets, street lights, street signs and related public improvements, bridges, and storm drainage, including design analysis when required. 13. A computer readable drawing OF THE FINAL PLAT SHALL BE SUBMITTED may be requiped to be submitted on a floppy disk CD -ROM, DVD -ROM, OR OTHER ELECTRONIC FILE FORMAT ACCEPTABLE TO THE CITY. The information shall be ON THE CURRENT CITY OF WHEAT RIDGE DATUM IN CONFORMANCE WITH CITY GEODETIC SURVEYING REQUIREMENT STANDARDS AS ESTABLISHED BY THE PUBLIC WORKS DEPARTMENT, be compatible with the current Autocad release CITY MAPPING SOFTWARE AND LAYERING STANDARDS, and include, but not limited to, SECTION TIES, ties to a minimum of two (2) section (land) corners, CONTROL MONUMENTS, exterior boundaries, interior lot lines, easements, rights -of- way (existing and proposed), all to include bearings and distances. 18. A CLOSURE REPORT FROM THE PROFESSIONAL LAND SURVEYOR CONTAINING THE CLOSURE CALCULATIONS AND ERROR OF CLOSURE WITH AREA (ROUNDED TO THE NEAREST SQUARE FOOT) FOR THE SUBDIVISION BOUNDARY. M 19. A COPY OF THE CITY GEODETIC SURVEYING REQUIREMENTS CHECKLIST, COMPLETED AND INITIALED BY THE PROFESSIONAL LAND SURVEYOR CERTIFYING THE PLAT, Section 8. Chapter 26, Section 26 -412, Subsection CA.b of the Code is hereby amended as follows: Concrete curbs, gutters, and sidewalks. (1) CURBS, GUTTERS AND SIDEWALKS SHALL BE PROVIDED FOR ALL SUBDIVISIONS THAT REQUIRE NEW STREETS. (2) SUBDIVISIONS OF PROPERTY LOCATED ADJACENT TO EXISTING STREETS WILL REQUIRE CONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS IF THE EXISTING STREETS ARE DESIGNATED AS PEDESTRIAN OR TRAIL ROUTES IN THE CITY OF WHEAT RIDGE BICYCLE AND PEDESTRIAN MASTER PLAN OR ARE COLLECTOR OR ARTERIAL STREETS AS IDENTIFIED IN THE CITY OF WHEAT RIDGE STREETSCAPE DESIGN MANUAL. Section 9. Chapter 26, Section 26 -412, Subsection H of the Code is hereby amended as follows: 1. In conjunction with the required drainage certification, the owner will furnish the city, free of charge, A HARDCOPY, SIGNED AND SEALED BY THE ENGINEER OF RECORD, OF THE drawings and specifications, including supplemental drawings, relating to improvements, showing them in their as -built locations ON THE CURRENT CITY OF WHEAT RIDGE DATUM. 2. The as- built's shall be prepared and certified by a registered professional engineer in accordance with the requirements of Wheat Ridge and prior to the city's issuance of the first certificate of occupancy in the subdivision. 3. AN ELECTRONIC FILE CONTAINING THE AS- GUILTS SHALL ACCOMPANY THE SIGNED AND SEALED HARDCOPY, AND BE FURNISHED IN A FORMAT COMPATIBLE WITH THE CITY MAPPING SOFTWARE AND LAYERING STANDARDS ON CD -ROM, DVD -ROM, OR OTHER ELECTRONIC MEDIA ACCEPTABLE TO THE CITY. Section 10. Chapter 26, Section 26 -413, Subsection B of the Code is hereby amended as follows: The pubhe WOFks departmen COMMUNITY DEVELOPMENT DEPARTMENT and the subdivider shall prepare an agreement in substantially the form of Appendix B [on file in the office of the city clerk], which details the obligations of the city and the subdivider, the estimated costs of public improvements to the property and the amount of letter of credit to be supplied by the subdivider. Section 11. Chapter 26, Section 26 -623 of the Code is hereby amended (and re- lettered) as follows: A. Generally. FOR OPERATIONS WHEREBY A BUILDING PERMIT IS NOT REQUIRED PURSUANT TO THE UNIFORM CODES ADOPTED BY THE CITY AND CONTAINED IN CHAPTER 5 OF THIS CODE, NNo deposit, GRADING, and /or extractive operation DISTURBING AN AREA OF ONE (1) ACRE OR MORE SHALL BE PERMITTED IN ANY DISTRICT EXCEPT IN THE MANNER PRESCRIBED HEREIN. WHERE DISTURBED AREAS ARE LESS THAN ONE (1) ACRE AND SUCH OPERATION IS A PART OF A LARGER COMMON PLAN OF DEVELOPMENT LARGER THAN ONE (1) ACRE IN SIZE, NO DEPOSIT, GRADING, AND /OR EXTRACTION OPERATION shall be permitted in any district except in the manner prescribed herein. It is the intent and purpose of this section to establish reasonable uniform limitations, safeguards and controls in the City of Wheat Ridge for the conservation and wise utilization of property through deposit, GRADING, and /or extraction of soil, sand, gravel, rock, minerals, CONCRETE OR ASPHALT PAVEMENT, and other similar resources MATERIALS. However, a primary intent and purpose is to protect surrounding properties from adverse impacts, including, but not limited to, drainage problems, soil erosion, traffic problems, changes in ground elevation relative to adjacent properties, etc., which may be created by such operations. All fees shall be in accordance with those fees established by the Uniform Building Code. ALL OPERATIONS SHALL COMPLY WITH ALL PROVISIONS IN CHAPTER 20 OF THIS CODE (STORMWATER QUALITY AND CONTROL), AND AAny fill operation which is proposed for a parcel located within a 100 -year floodplain shall additionally comply with the Floodplain Zoning Ordinance, article VIII of this chapter. B. eESa�Vatien fe h mate: ;a!s - h:_ do - o f m _, _a Fw, (50) ,h•,. provided, however, that • .. is- orrnaturalterrain ef-kess th th (il) F one (1) or suo fill s less than th Fee (3) feet in depth a nd i s o f intended te._sqppQ l)effn nc^-rri :rt etufesy- afW- such- f+li-6r Gn - does - not- ebstruGt er etherwise- advefseiy-a#est -apy = 101 = s. - e - OW _ s Lim -8- as e - o • ♦ ••• x a s .a. •s a - •a - - - o -:o °s - a _ a •a WIN a e III il WIN -lb w_ Noll 1 0 " 101111 — •.. ■. + ae ax^ a a aaa -9- 11 111 P ;nMINW GRADING PERMITS. DUMPING, LANDFILL, GRADING, AND /OR EXTRACTION OPERATIONS WHICH DISTURB AN AREA OF ONE (1) ACRE OR MORE IN SIZE MAY BE ALLOWED BY A PERMIT ISSUED BY THE ENGINEERING MANAGER AFTER REVIEWING AN APPLICATION AND SUPPORTING INFORMATION SUBMITTED TO THE PUBLIC WORKS DEPARTMENT. SUCH DEPOSIT OR EXTRACTION OF EARTH, SAND, GRAVEL, ROCK, MINERALS, CONCRETE OR ASPHALT PAVEMENT, OR OTHER SIMILAR MATERIALS, AND /OR STORAGE THEREOF, ARE SUBJECT TO THE FOLLOWING CONDITIONS, A GRADING PERMIT MAY BE ISSUED FOR A PERIOD OF TIME NOT TO EXCEED ONE (1) YEAR AND MAY BE RENEWED UPON WRITTEN REQUEST: 1. Application. An application for spec;ialuse GRADING permit shall be submitted to the oemmunity development PUBLIC WORKS department and shall be accompanied by the appropriate fee and by engineered plans and drawings which illustrate the following minimum information: a. Certified survey of the site SHOWING EXISTING EASEMENTS AND RIGHT -OF -WRY with A corresponding metes and bounds legal description FOR THE BOUNDARY ON THE CURRENT CITY DATUM. b. Name and address of property owner(s) and lessee(s), both within the site and adjacent to the site's perimeter. c. Easatien-ar}d- extent of -are to be fled andIE)F e Gauated A GRADING AND EROSION CONTROL PLAN SHOWING THE LOCATION AND EXTENT OF AREAS TO BE FILLED AND /OR EXCAVATED, EXISTING 8, PROPOSED CONTOUR LINES USING ELEVATIONS CONSISTENT WITH THE CURRENT CITY DATUM DRAWN AT A SCALE ACCEPTABLE TO THE ENGINEERING MANAGER, AND ANY EROSION CONTROL ITEMS REQUIRED PER THE STORMWATER MANAGEMENT PLAN. d. A STORMWATER MANAGEMENT PLAN DEFINING BOTH CONSTRUCTION AND POST - CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP'S). e. Drainage plan and report, iGh identifies existing watepAsys-and i sfing gfadlesa d -10- prepose4-fw4shed- gfades,-and4nethGd-Gf-maintain i ng- histeAe dramage-fr the - site and - methods -fo€- -centre ng- -erase from both w mpletion DRAINAGE REPORT AND PLAN IN CONFORMANCE WITH THE CITY'S SITE DRAINAGE REQUIREMENTS. f. Location of existing and proposed points of ingress /egress. g. Location of residences, structures, AND utilities and-roadways LYING INSIDE THE SITE in question AND WITHIN A FIFTY (50) FOOT PERIMETER ADJACENT TO THE SITE. h. LOGation and type eteF fenGing, NAME, LOCATION, AND SURFACING OF ALL ROADWAYS BOTH WITHIN AND ADJACENT TO THE SITE TO BE USED FOR HAULAGE. i. si be used feF h SCHEDULE OF OPERATIONS, INCLUDING COMPLETION DATE. j. Leratien and nharaeteF ef prepesed lighting-en44e—Ae COPIES OF ANY PERMITS ISSUED BY THE STATE OF COLORADO REQUIRED FOR THE OPERATION. k. Schedule of opeFations, including completion date. COPIES OF ALL MATERIALS REQUIRED TO BE SUBMITTED TO THE STATE OF COLORADO OR THE U.S. GOVERNMENT, WHERE SUCH AGENCIES ARE INVOLVED IN PERMIT REVIEWS AND /OR APPROVALS AS A REFERRAL, PERMITTING OR FUNDING AGENCY. 1. Cepies ef all mateFials FequiFed to be submitted to the where s G h a Performance standards. a. proper lines Roads. Subject to operators maintaining all haulage roads used in connection with this operation, under their control or ownership, as much as possible in a dust -free condition. Such haulage roads shall not be established along existing residential streets except as may be provided by a special permit. This shall not preclude collector or major streets from being used for this purpose. b, EROSION CONTROL EROSION CONTROL PROVISIONS UTILIZED DURING OPERATIONS SHALL ADHERE TO THE BMP'S IDENTIFIED IN THE STORMWATER MANAGEMENT PLAN. C. me tal i : iL a height ni se 7..�n_ s /_7_i s .. _ _..__._ 6 . Three -{ �.. � ,hatk)" aced - above- the-rnetal 11- fa , nd n nted to a fa Fty five de gFee an gle to the _.r +c Kle._At swp +' the s itp has h n hoh'1' {o{ A J nnn th Fequ as ean tained her in th fencing m be F _ .nA Drainage. DEBRIS AND /OR CONTAMINANTS SHALL NOT BE ACCUMULATED OR DISCHARGED BEYOND THE PROPERTY LINE BY ANY MEANS OF TRANSPORTATION INCLUDING THAT OF NATURAL DRAINAGE, THE OPERATION SHALL BE CONDUCTED SO THAT THE EXCAVATED AREA WILL NOT PERMIT WATER OF A STAGNATED NATURE TO COLLECT OR REMAIN. d. dur -operations ow I s f c h 11: t wed - e&ec a the, s ite { �7atBric}. S- vr-Scv ncn p -�rrc�nv SITE STABILIZATION. ALL GRADING PERMITS SHALL CONTAIN PROVISIONS TO STABILIZE THE SITE AS NEAR OR CLOSELY AS IS PRACTICABLE TO ITS PRIOR NATURAL STATE OR CONDITION OR IN SUCH STATE OR CONDITION AS THE ENGINEERING MANAGER MAY APPROVE. METHODS OF SITE STABILIZATION SHALL ADHERE TO ALL BMP'S PER THE APPROVED STORMWATER MANAGEMENT. accumulated _- .:- - - _ Wn -Iiw WON! s s lima! 14 I - A @ H 4 } A with tre es, nhr .hn mil�., _ -Gund . G,uel--te gfasses F preelud SiOR of the sei by either wind or - water. 3. Bond. To insure rehabilitation of the site as prescribed in subsection g., above, there shall be required at the time the original permit is issued a performance bond naming the city council of the City of Wheat Ridge as obligee in an amount and type to be determined by the city engineer, based on and with consideration for the magnitude of the excavation activities and rehabilitation requirements. In no instance shall the amount of the bond be less than five TWENTY thousand dollars ($6,000.00$20,000.00). 4. Insurance. Every operator, before commencing operations, shall be insured to the extent of two hundred fifty thousand dollars ($250,000.00) 12- per person, one million dollars ($1,000,000.00) per occurrence against liability arising from production, activities or operations incidental thereto conducted or carried on under or by virtue of any law, resolution or condition imposed by these regulations, and such insurance shall be kept in full force and effect during the period of such operations, including site rehabilitation. A certificate indicating protection by such insurance shall be filed with the application for special permit. 5. Equipment. All equipment used shall be maintained and operated utilizing standard items, such as mufflers, filters, etc., as much as possible to eliminate noise, vibration, dust, etc., which are injurious or substantially annoying to persons living in the vicinity. 6. Hours of operation. All activities shall operate from 7:00 a.m. to 5:00 p.m. Operations shall not be permitted on Saturdays, Sundays or holidays, UNLESS OTHERWISE APPROVED BY THE ENGINEERING MANAGER. Section 12 Severability, Conflicting Ordinances Repealed If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 13 . Effective Date This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 26th day of September, 2011, ordered it published with Public Hearing and consideration on final passage set for October 10, 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado and that it takes effect 15 days after final publication.. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2011. SIGNED by the Mayor on this day of 2011. Jerry DiTullio, Mayor -13- ATTEST: Michael Snow, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: September 29, 2011 Second Publication: Wheat Ridge Transcript Effective Date: ia- City of Wheat Ridge ITEM NO: I. DATE: September 26, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 29 -2011 - AN ORDINANCE AMENDING CHAPTERS 5 AND 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING GENERAL CODE REVISIONS AND CLARIFICATION RELATED TO BUILDINGS, DEVELOPMENT AND IMPROVEMENTS AND REQUIRED SUBMISSION AND PERMITS FOR THE SAME ❑ PUBLIC HEARING ® ORDINANCES FOR 1 sT READING (9/26/2011) ❑ BIDS /MOTIONS ❑ ORDINANCES FOR 2 ND READING (10/10/2011) ❑ RESOLUTIONS QUA SI -JUI)I ❑ YES NO Director of Pnblie Works City Manager ISSUE Fxisting ordinances require construction of public improvements adjacent to properties where new buildings are being constructed and where significant additions are being added to existing buildings. Construction of public improvements is also required on new and adjacent existing streets when property is subdivided._ The proposed ordinance would reduce those requirements in many cases. Existing ordinances require grading permits when more than 50 cubic yards of dirt is excavated or imported. The proposed ordinance would greatly reduce required grading permits. Chapter 26 is not current relative to the City's adopted survey and GIS standards. PRIOR ACTION: Council discussed these issues in a Study Session on July 13, 2011. The attached ordinance is the product of that meeting. The proposed ordinance was reviewed by the Planning Commission on September 1, 2011 and recommended to the City Council with two minor changes. V :\ Forms \CA Ftemplate 1 TITLE: COUNCIL BILL NO. 29 -2011 - AN ORDINANCE AMENDING CHAPTERS 5 AND 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING GENERAL CODE REVISIONS AND CLARIFICATION RELATED TO BUILDINGS, DEVELOPMENT AND IMPROVEMENTS AND REQUIRED SUBMISSION AND PERMITS FOR THE SAME ❑ PUBLIC HEARING ® ORDINANCES FOR 1 sT READING (9/26/2011) ❑ BIDS /MOTIONS ❑ ORDINANCES FOR 2 ND READING (10/10/2011) ❑ RESOLUTIONS QUA SI -JUI)I ❑ YES NO Director of Pnblie Works City Manager ISSUE Fxisting ordinances require construction of public improvements adjacent to properties where new buildings are being constructed and where significant additions are being added to existing buildings. Construction of public improvements is also required on new and adjacent existing streets when property is subdivided._ The proposed ordinance would reduce those requirements in many cases. Existing ordinances require grading permits when more than 50 cubic yards of dirt is excavated or imported. The proposed ordinance would greatly reduce required grading permits. Chapter 26 is not current relative to the City's adopted survey and GIS standards. PRIOR ACTION: Council discussed these issues in a Study Session on July 13, 2011. The attached ordinance is the product of that meeting. The proposed ordinance was reviewed by the Planning Commission on September 1, 2011 and recommended to the City Council with two minor changes. V :\ Forms \CA Ftemplate Council Action Fortn September 26, 201 1 Page 2 FINANCIAL IMPACT None BACKGROUND: Curb, Gutter and Sidewalk Requirements Section 5 -45 of the City Code has historically been interpreted to require construction of public improvements adjacent to properties where new buildings are being constructed and where significant additions to existing buildings are being constructed. Section 26 -412 requires that public improvements be provided for all subdivisions. The attached draft changes to Section 5 -45 would limit the requirement for sidewalks to pedestrian routes identified in the City Bicycle and Pedestrian Master Plan and on collector and arterial streets identified in the City Streetscape Design Manual. Curbs, gutters and sidewalks would only be required if such improvements exist within the block on which the subject property fronts. The draft ordinance also would eliminate the currently required escrow of funds when construction of public improvements is not practical. The estimated cost ofthe required public improvements would, instead, be paid as a condition of approval to be used for construction of public improvements in the City. The intent is to use the impact fees to fund sidewalk, curb and gutter projects, such as provided by the previous "Missing Links Sidewalk Construction Program." The proposed changes to Section 26 -412 would limit the requirement for construction of curbs, gutters and sidewalks to new streets proposed with a subdivision and on adjacent existing streets that are pedestrian routes identified in the City Bicycle and Pedestrian Master Plan or on collector and arterial streets identified in the City Streetscape Design Manual. Grading Permits The existing City Code Section 26 -623 requires grading permits when more than 50 cubic yards of dirt is excavated or imported. Typically, projects that require grading permits also require building permits. To develop a less restrictive development environment, Staff is suggesting that a grading permit be required only when one acre or more of a property is disturbed and the activity is not associated with a building permit. Additional changes are recommended to assist with compliance with the Stonnwater Management Program. The permit bond insuring re- vegetation of the site should also be increased to $20,000 to provide sufficient funding if City involvement is necessary. Technical Updates Chapter 26 of the City Code should be amended to incorporate current requirements concerning land use document submittals. The changes will provide the necessary documentation in compliance with the City's adopted survey and GIS standards. RECOMMENDATION: Adopt the ordinance as attached. Council Action Form September 26, 2011 Page 3 RECOMMENDED MOTION: "I move to approve Council Bill No. 29 -2011 an ordinance amending Chapters 5 and 26 of the Wheat Ridge Code of Laws concerning general Code revisions and clarification related to buildings, development and improvements and required submission and permits for the same, on first reading, order it published, public hearing set for October 10, 2011, and that it take effect 15 days after final publication." Or, " I move to table indefinitely Council Bill No. 29- 2011, an ordinance amending Chapters 5 and 26 of the Wheat Ridge Code of Laws concerning general Code revisions and clarification related to buildings, development and improvements and required submission and permits for the same for the following reason(s) " 1' REPAREDiREVIEWED BY: Gerald E. Dahl, City Attorney Tim Paranto, Director of Public Works ATTACHMENTS: 1. Ordinance No. 29 -2011 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 29 Ordinance No. Series 2011 TITLE: AN ORDINANCE AMENDING CHAPTERS 5 AND 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING GENERAL CODE REVISIONS AND CLARIFICATION RELATED TO BUILDINGS, DEVELOPMENT AND IMPROVMENTS AND REQUIRED SUBMISSION AND PERMITS FOR THE SAME WHEREAS, the City of Wheat Ridge ( "City ") is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution and the City's home rule charter ( "Charter "); and WHEREAS, pursuant to this power, the City Council has previously adopted Chapters 5 and 26 of the City of Wheat Ridge Code of Laws ( "Code ") concerning business licenses and taxes, respectively; and WHEREAS, Chapter 5 controls buildings and building regulations in the City, and WHEREAS, Chapter 26 controls zoning and development in the City; and WHEREAS, the City Council finds it is in the best interest of the City to, from time to time, update said Chapters to provide for greater ease of administration and to reflect both the practical and new technology facing both the City and applicants for development. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1 . Chapter 5, Section 5 -45 of the Code is hereby amended (with appropriate re- numbering and re- lettering) as follows: Sec. 5 -45. Public improvements required. (a) Applications for building permits shall be reviewed by the department 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 public improvements as may be required by THIS ordinance or the subdivision regulations. (b) If it is determined by the department DIRECTOR of public works that any such public improvements (INCLUDING, BUT NOT LIMITED TO, DRAINAGE, TRAFFIC, STREET CONTINUITY, CURB, GUTTER AND SIDEWALK, RELOCATION OR UNDERGROUNDING OF UTILITIES, STREET LIGHTING, OR ROADWAY Attachment 1 CONSTRUCTION) are necessitated by the proposed construction based upon the specific adverse effects created by the proposed construction, including, but not limited to, drainage, traffic, street continuity, curb, gutter and sidewalk, relocation or undergrounding of utilities, street lighting, roadway construction), the department DIRECTOR of public works shall so inform the building official, and in such event a condition shall be inserted in the building permit which shall require the construction of such public improvement or public improvements by the property owner and the dedication thereof to the city. All such improvements are to be constructed in full compliance with the city's engineering division regulations, design standards and construction specifications. The cost of any such improvements shall be borne by the property owner, and the construction thereof shall be at the sole cost, risk and expense of the property owner, subject to the provisions of any applicable city ordinance, regulations or policies. Subject to the requirements THIS SECTION, failure to construct any such required public improvements shall entitle the city to withhold any certificate of occupancy. (c) SIDEWALKS SHALL ONLY BE REQUIRED ON STREETS IDENTIFIED AS PEDESTRIAN ROUTES IN THE CITY OF WHEAT RIDGE BICYCLE AND PEDESTRIAN MASTER PLAN AND ON COLLECTOR AND ARTERIAL STREETS AS IDENTIFIED IN THE CITY OF WHEAT RIDGE STREETSCAPE DESIGN MANUAL. if it is deteffnined by the department Of PUbliG WOFks, afteF-Gons o f th faete% et fo r th - - l r 4L,.. v a t_ S U& L. uvhe4llRpFvv'i :. i eRtS a I ' _ � r - .- ... _ �'-at a In - o- ateF `�" -- i —i res ew I (d) THE INSTALLATION OF CURBS, GUTTERS AND SIDEWALKS AND RELATED ROADWAY IMPROVEMENTS SHALL ONLY BE REQUIRED IF SUCH IMPROVEMENTS ARE PRE - EXISTING ADJACENT TO ANY PROPERTY ON EITHER SIDE OF THE STREET BLOCK ON WHICH THE PROPERTY IS LOCATED. P (e) No curbs, gutters and sidewalks shall be required for a remodeling of an existing building. (3) Installation of curbs, gutters and sidewalks would be impractical or economically unfeasible or not in the best interest of the city at the time of issuance of the certificate of occupancy. z- (f) In no event shall installation of curbs, gutters or sidewalks be required if the cost of installation of such curbs, gutters, sidewalks and other improvements exceeds ten (10) percent of the cost of the building permit value. in this n ^ GFE)w in -the -�_ 1 1 - Noll - C C ' W O Cy.- C. 17, (g)(e) If it is determined by the depairtmeM DIRECTOR of public works, after consideration of the factors set forth below that INSTALLATION OF such public improvements WOULD BE IMPRACTICAL OR ECONOMICALLY UNFEASIBLE OR NOT IN THE BEST INTEREST OF THE CITY AT THE TIME OF ISSUANCE OF THE BUILDING PERMIT, THE ESTIMATED COST OF THE PUBLIC IMPROVEMENTS SHALL BE PAID TO THE CITY AS CONDITION OF APPROVAL TO BE USED TO CONSTRUCT PUBLIC IMPROVEMENTS IN AN AMOUNT AND LOCATION ROUGHLY PROPORTIONAL TO THOSE IN LIEU OF WHICH THE PAYMENT IS REQUIRED. may-be placed at a later date. Nn esrrovi r ..__.' equaliRg one "-ndFe' (h)(f) Any owner, contractor or developer who is aggrieved by a decision of the depaoment DIRECTOR of public works requiring installation of such public improvements or escrowing PAYMENT of funds in lieu of construction shall have the right to appeal the d^^ nt's DIRECTOR'S determination to the board of adjustment pursuant to section 2 -61 of the city's Code of Laws. Section 2. Chapter 26, Section 26 -111, Subsection D.1.m of the Code is hereby amended as follows: m. In addition to the information included on the site plan document, the following supportive information may be required IN HARD COPY, IN ELECTRONIC FILE FORMAT, OR BOTH: (1) FINAL Drainage REPORT AND Pplan; (2) Elevations and perspective drawings; (3) Traffic (impact Rreport;. (4) CIVIL CONSTRUCTION PLANS, (5) STORMWATER MANAGEMENT PLAN (SWMP); I&s (6) STORMWATER OPERATIONS & MAINTENANCE MANUAL (O & M MANUAL). Section 3. Chapter 26, Section 26 -308, Subsection C.2.p of the Code and Subsection D.2.a are hereby amended as follows: p. METES AND BOUNDS L-Legal description (rn and rnds} -OF THE TOTAL SITE INCLUDING AREA IN SQUARE FEET, WITH SECTION TIES ON THE CURRENT CITY DATUM, IN CONFORMANCE WITH CITY GEODETIC SURVEYING REQUIREMENTS. of -total -site, insludirtg area. a. METES AND BOUNDS L6egal description WITH SECTION TIES ON THE CURRENT CITY DATUM, IN CONFORMANCE WITH CITY GEODETIC SURVEYING REQUIREMENTS, of the entire planned development, and if the final development plan is for only a portion of the site, a legal description of that portion of the site included within the final development plan. Section 4. Chapter 26, Section 26 -403 of the Code is hereby amended as follows City datum: Those three - dimensional coordinate values established during the city STATE PLANE COORDINATE CONVERSION PROGRAM for all quarter corners, and SECTION CORNERS, AND PERMANENT HIGH ACCURACY CONTROL (PHAC) POINTS within and adjacent to the City of Wheat Ridge. GEODETIC SURVEYING: "GEODETIC SURVEYING" MEANS THE PERFORMANCE OF SURVEYS IN WHICH MEASURE OR ACCOUNT IS TAKEN OF THE SHAPE, SIZE, AND GRAVITATIONAL FORCES OF THE EARTH TO DETERMINE OR PRE- DETERMINE THE HORIZONTAL OR VERTICAL POSITIONS OF POINTS, MONUMENTS, OR STATIONS FOR USE IN THE PRACTICE OF PROFESSIONAL LAND SURVEYING OR FOR STATING THE GEODETIC POSITION OF CONTROL POINTS, MONUMENTS, OR STATIONS BY USING A COORDINATE SYSTEM OR DERIVATIVE THEREOF RECOGNIZED BY THE NATIONAL GEODETIC SURVEY. PHAC POINTS: PERMANENT HIGH ACCURACY CONTROL POINTS ESTABLISHED DURING THE CITY OF WHEAT RIDGE STATE PLANE COORDINATE CONVERSION PROGRAM BY AND FOR USE IN GLOBAL POSITIONING SURVEYS. Section 5. Chapter 26, Section 26 -407, Subsection CA is hereby amended as follows: 1. Maps of the subdivision plat shall be drawn at not less than a scale of one (1) inch equals one hundred (100) feet with the use of black, waterproof drawing ink and the outer dimensions of the map shall be twenty -four (24) inches by thirty -six (36) inches with a margin of at least two (2) INCHES to be reserved along the narrow left side of each drawing, A MARGIN OF AT LEAST ONE (1) INCH ALONG THE TOP MARGIN, and a margin of at least one -half ( inch shal be re seP.'ed around the balance of the drawing. Section 6. Chapter 26, Section 26 -407, Subsections D.2, D.6, D.8 and D.9 of the Code are hereby amended as follows; further, new Subsections D.17 and 18 are added: 2. Accurate dimensions for all lines, angles, and curves used to describe boundaries, streets, alleys, easements, areas to be reserved for public use, and other important features. All curves shall be circular arcs and shall be defined by at least three (3) of the following: the radius, central angle, tangent, ARC LENGTH, CHORD LENGTH, AND CHORD BEARING. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of at least one (1) in fifty thousand (50,000). No final plat showing plus or minus dimensions will be approved. 6. Total acreage and a surveyed METES AND BOUNDS legal description of the area, with SECTION ties to two (2) section corners IN CONFORMANCE WITH CITY GEODETIC SURVEYING REQUIREMENTS. Coordinates for all section corners, and, QUARTER - SECTION CORNERS, AND PHAC POINTS used will SHALL be consistent with the CURRENT City of Wheat Ridge Datum and are available from the public works department. MONUMENTS: LA description of all monuments THAT MARK THE BOUNDARIES OF THE PROPERTY, both found and set, and a description of all control monuments used in conducting the survey. ii.RIGHT -OF -WAY SURVEY MONUMENTS SHALL BE ESTABLISHED PER CITY OF WHEAT RIDGE STANDARD SPECIFICATIONS FOR ALL NEW ROADWAYS OR RELOCATION OF EXISTING ROADWAYS, AT ALL NEW ROAD RIGHT -OF -WAY CENTERLINE INTERSECTIONS, CENTER OF RADIUS FOR CUL -DE -SACS, AND AT THE END OF THE CENTERLINE FOR DEAD END STREETS. RIGHT -OF -WAY SURVEY MONUMENTS MAY ALSO BE REQUIRED AT ROADWAY CENTERLINE POINTS OF CURVATURE, POINTS OF REVERSE OR COMPOUND CURVATURE, AND POINTS OF TANGENCY, AS DETERMINED BY THE DEPARTMENT OF PUBLIC WORKS. iii.Coordinates for all control monuments used will SHALL be consistent with the CURRENT City of Wheat Ridge datum. 9. A statement by the- kfad-- surveyer A COLORADO LICENSED PROFESSIONAL LAND SURVEYOR that the survey was performed by him or under his direct responsibility, supervision, and checking, and in accordance with all CITY OF WHEAT 611 RIDGE REQUIREMENTS AND applicable Colorado Statutes, current revised edition, as amended. THE PROFESSIONAL LAND SURVEYOR SHALL PROVIDE A STATEMENT OF ACCURACY WHICH CERTIFIES THE ACCURACY AND CONFORMANCE OF THE FINAL PLAT DOCUMENT TO ALL APPLICABLE STATE LAWS AND REQUIREMENTS SET FORTH HEREIN. 17. ALL ITEMS ON THE CITY OF WHEAT RIDGE GEODETIC SURVEYING REQUIREMENTS FOR FINAL PLATS SHALL BE ADHERED TO AND PROVIDED ON THE PLAT. 18. THE PURPOSE, WIDTH, LENGTH, AND LOCATION OF ALL EASEMENTS AND ALL ABUTTING EASEMENTS SHALL BE CLEARLY LABELED AND IDENTIFIED. IF ANY EASEMENT ALREADY OF RECORD CANNOT BE DEFINITELY LOCATED, A STATEMENT OF ITS EXISTENCE AND ITS RECORDED REFERENCE SHALL APPEAR ON THE PLAT TITLE SHEET. Section 7. Chapter 26, Section 26 -407, Subsections E.3 and E.13 of the Code are hereby amended as follows; further, new Subsections E.18 and 19 are added: 3. Complete engineering plans and specifications SHALL BE SUBMITTED IN HARDCOPY AND MAY BE REQUIRED IN AN ELECTRONIC FILE FORMAT ACCEPTABLE TO THE CITY for all public facilities to be installed, i.e., water and sewer utilities, traffic control devices, traffic calming features, streets, street lights, street signs and related public improvements, bridges, and storm drainage, including design analysis when required. 13. A computer readable drawing OF THE FINAL PLAT SHALL BE SUBMITTED rn h + +^ h^ .ti^� a floppy disk CD -ROM, DVD -ROM, OR OTHER ELECTRONIC FILE FORMAT ACCEPTABLE TO THE CITY. The information shall be ON THE CURRENT CITY OF WHEAT RIDGE DATUM IN CONFORMANCE WITH CITY GEODETIC SURVEYING REQUIREMENT STANDARDS AS ESTABLISHED BY THE PUBLIC WORKS DEPARTMENT, be compatible with the current Autocad release CITY MAPPING SOFTWARE AND LAYERING STANDARDS, and include, but not limited to, SECTION TIES, ties to a minimum of two (2) section (land) corners, CONTROL MONUMENTS, exterior boundaries, interior lot lines, easements, rights -of- way (existing and proposed), all to include bearings and distances. 18. A CLOSURE REPORT FROM THE PROFESSIONAL LAND SURVEYOR CONTAINING THE CLOSURE CALCULATIONS AND ERROR OF CLOSURE WITH AREA (ROUNDED TO THE NEAREST SQUARE FOOT) FOR THE SUBDIVISION BOUNDARY. ME 19. A COPY OF THE CITY GEODETIC SURVEYING REQUIREMENTS CHECKLIST, COMPLETED AND INITIALED BY THE PROFESSIONAL LAND SURVEYOR CERTIFYING THE PLAT. Section 8. Chapter 26, Section 26 -412, Subsection CA.b of the Code is hereby amended as follows: b. Concrete curbs, gutters, and sidewalks. (1) CURBS, GUTTERS AND SIDEWALKS SHALL BE PROVIDED FOR ALL SUBDIVISIONS THAT REQUIRE NEW STREETS. (2) SUBDIVISIONS OF PROPERTY LOCATED ADJACENT TO EXISTING STREETS WILL REQUIRE CONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS IF THE EXISTING STREETS ARE DESIGNATED AS PEDESTRIAN OR TRAIL ROUTES IN THE CITY OF WHEAT RIDGE BICYCLE AND PEDESTRIAN MASTER PLAN OR ARE COLLECTOR OR ARTERIAL STREETS AS IDENTIFIED IN THE CITY OF WHEAT RIDGE STREETSCAPE DESIGN MANUAL. Section 9. Chapter 26, Section 26 -412, Subsection H of the Code is hereby amended as follows: 1. In conjunction with the required drainage certification, the owner will furnish the city, free of charge, A HARDCOPY, SIGNED AND SEALED BY THE ENGINEER OF RECORD, OF THE drawings and specifications, including supplemental drawings, relating to improvements, showing them in their as -built locations ON THE CURRENT CITY OF WHEAT RIDGE DATUM, 2. The as- built's shall be prepared and certified by a registered professional engineer in accordance with the requirements of Wheat Ridge and prior to the city's issuance of the first certificate of occupancy in the subdivision. 3. AN ELECTRONIC FILE CONTAINING THE AS- BUILTS SHALL ACCOMPANY THE SIGNED AND SEALED HARDCOPY, AND BE FURNISHED IN A FORMAT COMPATIBLE WITH THE CITY MAPPING SOFTWARE AND LAYERING STANDARDS ON CD -ROM, DVD -ROM, OR OTHER ELECTRONIC MEDIA ACCEPTABLE TO THE CITY. Section 10. Chapter 26, Section 26 -413, Subsection B of the Code is hereby amended as follows: 1. The public Works department COMMUNITY DEVELOPMENT DEPARTMENT and the subdivider shall prepare an agreement in substantially the form of Appendix B [on file in the office of the city clerk], which details the obligations of the city and the subdivider, the estimated costs of public improvements to the property and the amount of letter of credit to be supplied by the subdivider. Section 11. Chapter 26, Section 26 -623 of the Code is hereby amended (and re- lettered) as follows: -7- A. Generally. FOR OPERATIONS WHEREBY A BUILDING PERMIT IS NOT REQUIRED PURSUANT TO THE UNIFORM CODES ADOPTED BY THE CITY AND CONTAINED IN CHAPTER 5 OF THIS CODE, NNo deposit, GRADING, and /or extractive operation DISTURBING AN AREA OF ONE (1) ACRE OR MORE SHALL BE PERMITTED IN ANY DISTRICT EXCEPT IN THE MANNER PRESCRIBED HEREIN. WHERE DISTURBED AREAS ARE LESS THAN ONE (1) ACRE AND SUCH OPERATION IS A PART OF A LARGER COMMON PLAN OF DEVELOPMENT LARGER THAN ONE (1) ACRE IN SIZE, NO DEPOSIT, GRADING, AND /OR EXTRACTION OPERATION shall be permitted in any district except in the manner prescribed herein. It is the intent and purpose of this section to establish reasonable uniform limitations, safeguards and controls in the City of Wheat Ridge for the conservation and wise utilization of property through deposit, GRADING, and /or extraction of soil, sand, gravel, rock, minerals, CONCRETE OR ASPHALT PAVEMENT, and other similar resources MATERIALS. However, a primary intent and purpose is to protect surrounding properties from adverse impacts, including, but not limited to, drainage problems, soil erosion, traffic problems, changes in ground elevation relative to adjacent properties, etc., which may be created by such operations. All fees shall be in accordance with those fees established by the Uniform Building Code. ALL OPERATIONS SHALL COMPLY WITH ALL PROVISIONS IN CHAPTER 20 OF THIS CODE (STORMWATER QUALITY AND CONTROL), AND AAny fill operation which is proposed for a parcel located within a 100 -year floodplain shall additionally comply with the Floodplain Zoning Ordinance, article VIII of this chapter. B. . 1 . One to fifty (50) cubiG yards. Ne peFmitis requiFed for dumping or eXe-ava af rn w hi c h d # ed fifty (50).,,,h'.. rrrl provided, however, that any fill depesited is on natuFal terrain of less Lf I I I . 1. -- \ _ 1 one (1), OF sueh fill is less than thFee ,d i # o n t en d e d t su pp ort p e n. t s tr uc t an su ch- f+N-or f#e(A any drainageway. Should aRy of the above standards be exceed �- c-).r —a dFainageway be ' B ' shall be requ ired . - =-- -mr,� }ng-0 - W^ -`nom' t� o€ earth - ma terials nat-- xeeeding- fwe-hu ed- (-500Y ubiEyards -may be aNawed -wi made to the publiG works depaFtment on the appFepFiate faFn; nd stall following infoFmation shall also be submitted: OR t site:. h Lo and e xt en t o f area # h fill or ex6avated W a _ 8- Ca' C I MINN" ' C a � C •C ' a x i -9- s• a• @. a a -•a - s. •a a a!� a s -- a e- a •a a a ._ GRADING PERMITS. DUMPING, LANDFILL, GRADING, AND /OR EXTRACTION OPERATIONS WHICH DISTURB AN AREA OF ONE (1) ACRE OR MORE IN SIZE MAY BE ALLOWED BY A PERMIT ISSUED BY THE ENGINEERING MANAGER AFTER REVIEWING AN APPLICATION AND SUPPORTING INFORMATION SUBMITTED TO THE PUBLIC WORKS DEPARTMENT. SUCH DEPOSIT OR EXTRACTION OF EARTH, SAND, GRAVEL, ROCK, MINERALS, CONCRETE OR ASPHALT PAVEMENT, OR OTHER SIMILAR MATERIALS, AND /OR STORAGE THEREOF, ARE SUBJECT TO THE FOLLOWING CONDITIONS. A GRADING PERMIT MAY BE ISSUED FOR A PERIOD OF TIME NOT TO EXCEED ONE (1) YEAR AND MAY BE RENEWED UPON WRITTEN REQUEST: 1. Application. An application for speeial -use GRADING permit shall be submitted to the Qe9 lapme n PUBLIC WORKS department and shall be accompanied by the appropriate fee and by engineered plans and drawings which illustrate the following minimum information: a. Certified survey of the site SHOWING EXISTING EASEMENTS AND RIGHT -OF -WAY with A corresponding metes and bounds legal description FOR THE BOUNDARY ON THE CURRENT CITY DATUM. b. Name and address of property owner(s) and lessee(s), both within the site and adjacent to the site's perimeter. C. Leeation and exte n.t of apeas to hp filled andior exGav A GRADING AND EROSION CONTROL PLAN SHOWING THE LOCATION AND EXTENT OF AREAS TO BE FILLED AND /OR EXCAVATED, EXISTING & PROPOSED CONTOUR LINES USING ELEVATIONS CONSISTENT WITH THE CURRENT CITY DATUM DRAWN AT A SCALE ACCEPTABLE TO THE ENGINEERING MANAGER, AND ANY EROSION CONTROL ITEMS REQUIRED PER THE STORMWATER MANAGEMENT PLAN. d. A STORMWAT'ER MANAGEMENT PLAN DEFINING BOTH CONSTRUCTION AND POST - CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP'S). e. Drain . ,ate ay-s- 10- dFainage both _ , DRAINAGE REPORT • OR MANCE WITH THE CITY'S SITE D RAINAGE REQ UIREMENTS. f, Location of existing and proposed points of ingresslegress. Location of residences, structures, AND utilities and foadways w ithin ah m) mile diAt^n^g -a# LYING INSIDE THE SITE in question AND WITHIN A FIFTY (50) FOOT PERIMETER ADJACENT TO THE SITE. ensing NAME, LOCATION, AND SURFACING OF ALL ROADWAYS BOTH WITHIN AND ADJACENT TO THE SITE TO BE USED FOR HAULAGE. si te to d for haulag SCHEDULE OF OPERATIONS, INCLUDING COMPLETION DATE. COPIES OF ANY PERMITS ISSUED BY THE STATE OF COLORADO REQUIRED FOR THE OPERATION. k Schedule ef o induding GeffqAetien4ate. COPIES OF ALL MATERIALS REQUIRED TO BE SUBMITTED TO THE STATE OF COLORADO OR THE U.S. GOVERNMENT, WHERE SUCH AGENCIES ARE INVOLVED IN PERMIT REVIEWS AND /OR APPROVALS AS A REFERRAL, PERMITTING OR FUNDING AGENCY. I. Copies )f all materials Fequ;Fed to be submitted to the State of Galorade or the U.S Go emfneni where- ssuch- agencies -are inve . 2. Performance standards a. SethaGk SubjeGt to mainta a thidy4aat--s � preperty-lines. Roads. Subject to operators maintaining all haulage roads used in connection with this operation, under their control or ownership, as much as possible in a dust -free condition. Such haulage roads shall not be established along existing residential streets except as may be provided by a special permit. This shall not preclude collector or major streets from being used for this purpose. b. EROS /ON CONTROL. EROSION CONTROL PROVISIONS UTILIZED DURING OPERATIONS SHALL ADHERE TO THE BMP'S IDENTIFIED IN THE STORMWATER MANAGEMENT PLAN. C. Fanehqg. The property GentaiRiRg the extFactive operation shall be me t a l f en Ge with a m iRimum h of se ve nt y two (771 inches ThFee e placed- above - the metal 11- feAGing and Ganted to a feFty five degree angle to the outside. At suGh time as the site has been rehabilitated in G04GFmanGe with the requirements • :- • •- CONTAMINANTS SHALL - N O T BE ACCUMULATED OR DISCHARGED BEY PROP LINE BY ANY MEANS O ••• • INCLUD O N ATURAL DRAINAGE OPE SH C ONDUCTE D • THAT THE EXCAVATED AREA WILL NO PERMIT W ATER OF a STAGN NATURE T C OLLECT OR L duriRg epeFatien6shall be made a , _ G RAD ING PERMITS SHALL CL SITE STABILIZATION. ALL CONTAIN PROVISIONS TO STABILIZE THE SITE AS NEAR OR A PR ACTICABLE • ITS PR I OR a -. STATE OR C ONDITION OR IN SUCH STATE OR CONDITION A THE ENGINEERING M ANAGER a APPR OVE. M ETH ODS O F SITE ST ABILIZATION SHALL ADHERE A BMP'S PER THE APPROVED STORMWATER MANA GEMENT. e. Dra ■ La s - 6 L be Gond E - E t- L • - ..n...a�ai3aa E•... L - - 3. Bond. To insure rehabilitation of the site as prescribed in subsection g., above, there shall be required at the time the original permit is issued a performance bond naming the city council of the City of Wheat Ridge as obligee in an amount and type to be determined by the city engineer, based on and with consideration for the magnitude of the excavation activities and rehabilitation requirements. In no instance shall the amount of the bond be less than five TWENTY thousand dollars ($5,000.00$20,000.00). 4. Insurance. Every operator, before commencing operations, shall be insured to the extent of two hundred fifty thousand dollars ($250,000.00) per person, one million dollars ($1,000,000.00) per occurrence against liability arising from production, activities or operations incidental thereto conducted or carried on under or by virtue of any law, resolution or condition imposed by these regulations, and such insurance shall be kept in full force and effect during the period of such operations, including site rehabilitation. A certificate indicating protection by such insurance shall be filed with the application for special permit. 5. Equipment. All equipment used shall be maintained and operated utilizing standard items, such as mufflers, filters, etc., as much as possible to eliminate noise, vibration, dust, etc., which are injurious or substantially annoying to persons living in the vicinity. 6. Hours of operation. All activities shall operate from 7:00 a.m. to 5:00 p.m. Operations shall not be permitted on Saturdays, Sundays or holidays, UNLESS OTHERWISE APPROVED BY THE ENGINEERING MANAGER. 7. The eity ewes -the GORtrOl OpeFations based upen evaluation of the proposal relative te the 'i fer rpvieol qpt forth in nnffnn 96 1. 14 Section 12 Severability, Conflicting Ordinances Repealed If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 13 . Effective Date This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this _ day of 2011, ordered it published with Public Hearing and consideration on final passage set for _ 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado and that it takes effect 15 days after final publication.. - READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2011. SIGNED by the Mayor on this day of 2011. Jerry DiTullio, Mayor 13- ATTEST: Michael Snow, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: ia- 6. PUBLIC FORUM No members of the public were present. 7. PUBLIC HEARINGS A. Case No. ZOA -11 -08 — An ordinance amending the Wheat Ridge Code of Laws concerning annexation of real property to the City. Ken Johnstone reviewed the staff report for this case. The proposed ordinance requires that all requests for disconnection (de- annexation) of real property from the City shall follow all required statutory rules and additionally, no such disconnection can be initiated or completed unless City Council first adopts an ordinance approving such disconnection. Following questions and discussion by the Commission, it was moved by Commissioner POND and seconded by Commissioner MATTHEWS to recommend approval of Case No. ZOA- 11 -08, an ordinance amending the Wheat Ridge Code of Laws concerning annexation of real property into the city. The motion carried 5 -0 B. Case No. ZOA -11 -07 — An ordinance concerning appeals from decisions of the Director of Public Works. Ken Johnstone reviewed the staff report for this case. The intent of the ordinance is to give private property owners the right to appeal decisions of the Public Works Director which are made after a project has been through any required Planning Commission and City Council approval. Those appeals would be made to the Board of Adjustment. Following questions and discussion by the Commission, it was moved by Commissioner MATTHEWS and seconded by Commissioner OHM to recommend approval of Case No. ZOA- 11 -07, an ordinance amending Code Section 26 -115 concerning appeals of decisions of the Director of Public Works. The motion carried 5 -0. C. Case No. ZOA -11 -09 — An ordinance concerning grading and fill permits. Tim Paranto reviewed the staff report for this case. This is one of four proposed code amendments prepared by the City Attorney and Public Works Department. The proposed amendment deals with grading and fill requirements. Commissioner POND noted that subsection 3 (Bond) should be corrected to reflect twenty thousand dollars rather than five thousand dollars. Planning Commission Minutes 2 September 1, 2011 Commissioner MATTHEWS complimented staff for streamlining the process to make it possible for people to more easily invest in their properties. Commissioner BUCKNAM agreed with Commissioner MATTHEWS. The streamlining makes things easier for property owners and still maintains standards regarding erosion control, etc. It was moved by Commissioner MATTHEWS and seconded by Commissioner GUILDNER to recommend approval of Case No. ZOA- 11 -09, an ordinance amending Code Section 26 -623 concerning grading and fill permits with the correction offered by Commissioner POND. The motion carried 5 -0. D. Case No. ZOA -11 -10 — An ordinance concerning land use document submittals. Tim Paranto reviewed the staff report for this case. The proposed amendment concerns land use document submittals. It was moved by Commissioner OHM and seconded by Commissioner MATTHEWS to recommend approval of Case No. ZOA- 11 -10, an ordinance amending Code Section 26 -111, Section 26 -403 and Section 26 -407 concerning land use document submittals. The motion carried 5 -0. E. Case No. ZOA- 11 -11 An ordinance concerning required public improvements associated with subdivisions. Tim Paranto reviewed the staff report for this case. The proposed amendment concerns required public improvements associated with subdivisions. Commissioner MATTHEWS suggested that language in Section 8 be reworded to make it read more easily. Mr. Paranto agreed and will re -craft the language. It was moved by Commissioner MATTHEWS and seconded by Commissioner POND to recommend approval of Case No. ZOA- 11 -11, an ordinance amending Code Section 26 -412 concerning required public improvements associated with subdivisions, subject to word crafting as suggested. The motion carried 5 -0. 8. OTHER MATTERS A. 38 Avenue Corridor Plan Update — Ken Johnstone reported the draft plan will be ready for public hearing on September 15. Planning Commission Minutes 3 September 1, 2011 �= City of ` Wheat �dge COMMUNITY DEVELOPMENT Memorandum TO: Planning Commission FROM: Meredith Reckert, Senior Planner DATE: August 24, 2011 SUBJECT: Zoning code amendments The following are four proposed code amendments prepared by the City Attorney and the Public Works Department. Three of the language changes impact Chapter 26 so Planning Commission recommendation is required prior to public hearing at City Council. A fourth code change impacts Section 5 -45 of the Municipal Code and relates to installation of public improvements associated with a building pen Planning Commission will take no action on this one. All four of the code amendments have been grouped together in a single ordinance attached as Exhibit A. The specific code section modifications are as follows: Exhibit B: Section 5 -45 code change (Section I of proposed ordinance) Exhibit C: Case No. ZOA -11 -09 /Grading and Fill requirements (Section 11 of the proposed ordinance) Exhibit D: Case No. ZOA -11 -10 /Technical Submittal Requirements (Sections 2 -7 of the proposed ordinance) Exhibit E: Case No. ZOA -11 -11 /Public Improvements Installation with Subdivisions (Section 8 -10) CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. Series 2011 TITLE: AN ORDINANCE AMENDING CHAPTERS 5 AND 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING GENERNAL CODE REVISIONS AND CLARIFICATION RELATED TO BUILDINGS, DEVELOPMENT AND IMPROVMENTS AND REQUIRED SUBMISSION AND PERMITS FOR THE SAME WHEREAS, the City of Wheat Ridge ( "City ") is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution and the City's home rule charter ( "Charter "); and WHEREAS, pursuant to this power, the City Council has previously adopted Chapters 5 and 26 of the City of Wheat Ridge Code of Laws ( "Code ") concerning business licenses and taxes, respectively; and WHEREAS, Chapter 5 controls buildings and building regulations in the City; and WHEREAS, Chapter 26 controls zoning and development in the City; and WHEREAS, the City Council finds it is in the best interest of the City to, from time to time, update said Chapters to provide for greater ease of administration and to reflect both the practical and new technology facing both the City and applicants for development. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1 . Chapter 5, Section 5 -45 of the Code is hereby amended (with appropriate re- numbering and re- lettering) as follows: Sec. 5 -45. Public improvements required. (a) Applications for building permits shall be reviewed by the depa,FtFneR DIRECTOR of public works to determine whether the proposed construction will require the L installation or construction of public improvements including, but not limited to, street paving, curbs, gutters, sidewalks, drainage facilities, or other public improvements as may be required by THIS ordinance or the subdivision regulations. (b) If it is determined by the department DIRECTOR of public works that any such public improvements (INCLUDING, BUT NOT LIMITED TO, DRAINAGE, TRAFFIC, STREET CONTINUITY, CURB, GUTTER AND SIDEWALK, RELOCATION OR UNDERGROUNDING OF UTILITIES, STREET LIGHTING, OR ROADWAY EXHIBIT A CONSTRUCTION) are necessitated by the proposed construction based upon the specific adverse effects created by the proposed construction, including, but not limited to, drainage, traffic, street continuity, curb, gutter and sidewalk, relocation or undergrounding of utilities, street lighting, roadway construction), the departme^ DIRECTOR of public works shall so inform the building official, and in such event a condition shall be inserted in the building permit which shall require the construction of such public improvement or public improvements by the property owner and the dedication thereof to the city. All such improvements are to be constructed in full compliance with the city's engineering division regulations, design standards and construction specifications. The cost of any such improvements shall be borne by the property owner, and the construction thereof shall be at the sole cost, risk and expense of the property owner, subject to the provisions of any applicable city ordinance, regulations or policies. Subject to the requirements THIS SECTION, failure to construct any such required public improvements shall entitle the city to withhold any certificate of occupancy. (c) SIDEWALKS SHALL ONLY BE REQUIRED ON STREETS IDENTIFIED AS PEDESTRIAN ROUTES IN THE CITY OF WHEAT RIDGE BICYCLE AND PEDESTRIAN MASTER PLAN AND ON COLLECTOR AND ARTERIAL STREETS AS IDENTIFIED IN THE CITY OF WHEAT RIDGE STREETSCAPE DESIGN MANUAL. g and sidewalks (d) THE INSTALLATION OF CURBS, GUTTERS AND SIDEWALKS AND RELATED ROADWAY IMPROVEMENTS SHALL ONLY BE REQUIRED IF SUCH IMPROVEMENTS ARE PRE - EXISTING ADJACENT TO ANY PROPERTY ON EITHER SIDE OF THE STREET BLOCK ON WHICH THE PROPERTY IS LOCATED. R) (e) No curbs, gutters and sidewalks shall be required for a remodeling of an existing building. (-3,) Installation of curbs, gutters and sidewalks would be impractical or economically unfeasible or not in the best interest of the city at the time of issuance of the certificate of occupancy. (f) In no event shall installation of curbs, gutters or sidewalks be required if the cost of installation of such curbs, gutters, sidewalks and other improvements exceeds ten (10) percent of the cost of the building permit value. I^ thi ^^s^ an escrow in the .. g and sidewalks (d) THE INSTALLATION OF CURBS, GUTTERS AND SIDEWALKS AND RELATED ROADWAY IMPROVEMENTS SHALL ONLY BE REQUIRED IF SUCH IMPROVEMENTS ARE PRE - EXISTING ADJACENT TO ANY PROPERTY ON EITHER SIDE OF THE STREET BLOCK ON WHICH THE PROPERTY IS LOCATED. R) (e) No curbs, gutters and sidewalks shall be required for a remodeling of an existing building. (-3,) Installation of curbs, gutters and sidewalks would be impractical or economically unfeasible or not in the best interest of the city at the time of issuance of the certificate of occupancy. (f) In no event shall installation of curbs, gutters or sidewalks be required if the cost of installation of such curbs, gutters, sidewalks and other improvements exceeds ten (10) percent of the cost of the building permit value. I^ thi ^^s^ an escrow in the ZZ i C ow (g)(G) If it is determined by the departmen DIRECTOR of public works, after consideration of the factors set forth below that INSTALLATION OF such public improvements WOULD BE IMPRACTICAL OR ECONOMICALLY UNFEASIBLE OR NOT IN THE BEST INTEREST OF THE CITY AT THE TIME OF ISSUANCE OF THE BUILDING PERMIT, THE ESTIMATED COST OF THE PUBLIC IMPROVEMENTS SHALL BE PAID TO THE CITY AS CONDITION OF APPROVAL TO BE USED TO CONSTRUCT PUBLIC IMPROVEMENTS IN AN AMOUNT AND LOCATION ROUGHLY PROPORTIONAL TO THOSE IN LIEU OF WHICH THE PAYMENT IS S REQUIRED. may be placed at a later date. An ^°^r ^k ' ^ 1 ^+ equaling one hundred (100) peroe of the e stimated - -' of "a e hl'o i mpreveme nts shall b 5 based upon curre n nom. +r +'. ests . . to i ssuance of ^ b per mit . (h)(f) Any owner, contractor or developer who is aggrieved by a decision of the departmen DIRECTOR of public works requiring installation of such public improvements or escrowing PAYMENT of funds in lieu of construction shall have the right to appeal the department's DIRECTOR'S determination to the board of adjustment pursuant to section 2 -61 of the city's Code of Laws. Section 2. Chapter 26, Section 26 -111, Subsection D.1.m of the Code is hereby amended as follows: by Pt �� m. In addition to the information included on the site plan document, the following supportive information may be required IN HARD COPY, IN ELECTRONIC FILE �---- FORMAT, OR BOTH: (1) FINAL Drainage REPORT AND Pplan; (2) Elevations and perspective drawings; (3) Traffic [impact Rfeport;- (4) CIVIL CONSTRUCTION PLANS; (5) STORMWATER MANAGEMENT PLAN (SWMP); (6) STORMWATER OPERATIONS & MAINTENANCE MANUAL (O & M MANUAL). i C ow (g)(G) If it is determined by the departmen DIRECTOR of public works, after consideration of the factors set forth below that INSTALLATION OF such public improvements WOULD BE IMPRACTICAL OR ECONOMICALLY UNFEASIBLE OR NOT IN THE BEST INTEREST OF THE CITY AT THE TIME OF ISSUANCE OF THE BUILDING PERMIT, THE ESTIMATED COST OF THE PUBLIC IMPROVEMENTS SHALL BE PAID TO THE CITY AS CONDITION OF APPROVAL TO BE USED TO CONSTRUCT PUBLIC IMPROVEMENTS IN AN AMOUNT AND LOCATION ROUGHLY PROPORTIONAL TO THOSE IN LIEU OF WHICH THE PAYMENT IS S REQUIRED. may be placed at a later date. An ^°^r ^k ' ^ 1 ^+ equaling one hundred (100) peroe of the e stimated - -' of "a e hl'o i mpreveme nts shall b 5 based upon curre n nom. +r +'. ests . . to i ssuance of ^ b per mit . (h)(f) Any owner, contractor or developer who is aggrieved by a decision of the departmen DIRECTOR of public works requiring installation of such public improvements or escrowing PAYMENT of funds in lieu of construction shall have the right to appeal the department's DIRECTOR'S determination to the board of adjustment pursuant to section 2 -61 of the city's Code of Laws. Section 2. Chapter 26, Section 26 -111, Subsection D.1.m of the Code is hereby amended as follows: by Pt �� m. In addition to the information included on the site plan document, the following supportive information may be required IN HARD COPY, IN ELECTRONIC FILE �---- FORMAT, OR BOTH: (1) FINAL Drainage REPORT AND Pplan; (2) Elevations and perspective drawings; (3) Traffic [impact Rfeport;- (4) CIVIL CONSTRUCTION PLANS; (5) STORMWATER MANAGEMENT PLAN (SWMP); (6) STORMWATER OPERATIONS & MAINTENANCE MANUAL (O & M MANUAL). Section 3. Chapter 26, Section 26 -308, Subsection C.2.p of the Code and Subsection D.2.a are hereby amended as follows: p. METES AND BOUNDS L-Legal description OF THE TOTAL SITE INCLUDING AREA IN SQUARE FEET, WITH SECTION TIES ON THE CURRENT CITY DATUM, IN CONFORMANCE WITH CITY GEODETIC SURVEYING REQUIREMENTS. of t s it i d;Rg are a. METES AND BOUNDS Lt =egal description WITH SECTION TIES ON THE CURRENT CITY DATUM, IN CONFORMANCE WITH CITY GEODETIC SURVEYING REQUIREMENTS, of the entire planned development, and if the final development plan is for only a portion of the site, a legal description of that portion of the site included within the final development plan. Section 4. Chapter 26, Section 26 -403 of the Code is hereby amended as follows: City datum: Those three - dimensional coordinate values established during the city manumentation program STATE PLANE COORDINATE CONVERSION PROGRAM for all quarter corners, and SECTION CORNERS, AND PERMANENT HIGH ACCURACY CONTROL (PHAC) POINTS within and adjacent to the City of Wheat Ridge. GEODETIC SURVEYING: "GEODETIC SURVEYING" MEANS THE PERFORMANCE OF SURVEYS IN WHICH MEASURE OR ACCOUNT IS TAKEN OF THE SHAPE, SIZE, AND GRAVITATIONAL FORCES OF THE EARTH TO DETERMINE OR PRE- DETERMINE THE HORIZONTAL OR VERTICAL POSITIONS OF POINTS, MONUMENTS, OR STATIONS FOR USE IN THE PRACTICE OF PROFESSIONAL LAND SURVEYING OR FOR STATING THE GEODETIC POSITION OF CONTROL POINTS, MONUMENTS, OR STATIONS BY USING A COORDINATE SYSTEM OR DERIVATIVE THEREOF RECOGNIZED BY THE NATIONAL GEODETIC SURVEY. PHAC POINTS: PERMANENT HIGH ACCURACY CONTROL POINTS ESTABLISHED DURING THE CITY OF WHEAT RIDGE STATE PLANE COORDINATE CONVERSION PROGRAM BY AND FOR USE IN GLOBAL POSITIONING SURVEYS. Section 5. Chapter 26, Section 26 -407, Subsection CA is hereby amended as follows: 1. Maps of the subdivision plat shall be drawn at not less than a scale of one (1) inch equals one hundred (100) feet with the use of black, waterproof drawing ink and the outer dimensions of the map shall be twenty -four (24) inches by thirty -six (36) inches with a margin of at least two (2) INCHES to be reserved along the narrow left side of each drawing, A MARGIN OF AT LEAST ONE (1) INCH ALONG THE TOP MARGIN, and a margin of at least one -half (Y2) inch shal be reserved —around the balance of the drawing. Section 6. Chapter 26, Section 26 -407, Subsections D.2, D.6, D.8 and D.9 of the Code are hereby amended as follows; further, new Subsections D.17 and 18 are added: 2. Accurate dimensions for all lines, angles, and curves used to describe boundaries, streets, alleys, easements, areas to be reserved for public use, and other important features. All curves shall be circular arcs and shall be defined by at least three (3) of the following: the radius, central angle, tangent, ARC LENGTH, CHORD LENGTH, AND CHORD BEARING. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of at least one (1) in fifty thousand (50,000). No final plat showing plus or minus dimensions will be approved. 6. Total acreage and a surveyed METES AND BOUNDS legal description of the area, with SECTION ties to two (2) section corners IN CONFORMANCE WITH CITY GEODETIC SURVEYING REQUIREMENTS. Coordinates for all section corners, and, QUARTER- SECTION CORNERS, AND PHAC POINTS used will SHALL be consistent with the CURRENT City of Wheat Ridge Datum and are available from the public works department. 8. MONUMENTS: LA description of all monuments THAT MARK THE BOUNDARIES OF THE PROPERTY, both found and set, and a description of all control monuments used in conducting the survey. ii.RIGHT -OF -WAY SURVEY MONUMENTS SHALL BE ESTABLISHED PER CITY OF WHEAT RIDGE STANDARD SPECIFICATIONS FOR ALL NEW ROADWAYS OR RELOCATION OF EXISTING ROADWAYS, AT ALL NEW ROAD RIGHT -OF -WAY CENTERLINE INTERSECTIONS, CENTER OF RADIUS FOR CUL -DE -SACS, AND AT THE END OF THE CENTERLINE FOR DEAD END STREETS. RIGHT -OF -WAY SURVEY MONUMENTS MAY ALSO BE REQUIRED AT ROADWAY CENTERLINE POINTS OF CURVATURE, POINTS OF REVERSE OR COMPOUND CURVATURE, AND POINTS OF TANGENCY, AS DETERMINED BY THE DEPARTMENT OF PUBLIC WORKS. iii.Coordinates for all control monuments used will SHALL be consistent with the CURRENT City of Wheat Ridge datum. 9. A statement by the land suweyor A COLORADO LICENSED PROFESSIONAL LAND SURVEYOR that the survey was performed by him or under his direct responsibility, supervision, and checking, and in accordance with all CITY OF WHEAT RIDGE REQUIREMENTS AND applicable Colorado Statutes, current revised edition, as amended. THE PROFESSIONAL LAND SURVEYOR SHALL PROVIDE A STATEMENT OF ACCURACY WHICH CERTIFIES THE ACCURACY AND CONFORMANCE OF THE FINAL PLAT DOCUMENT TO ALL APPLICABLE STATE LAWS AND REQUIREMENTS SET FORTH HEREIN. 17. ALL ITEMS ON THE CITY OF WHEAT RIDGE GEODETIC SURVEYING REQUIREMENTS FOR FINAL PLATS SHALL BE ADHERED TO AND PROVIDED ON THE PLAT. 18. THE PURPOSE, WIDTH, LENGTH, AND LOCATION OF ALL EASEMENTS AND ALL ABUTTING EASEMENTS SHALL BE CLEARLY LABELED AND IDENTIFIED. IF ANY EASEMENT ALREADY OF RECORD CANNOT BE DEFINITELY LOCATED, A STATEMENT OF ITS EXISTENCE AND ITS RECORDED REFERENCE SHALL APPEAR ON THE PLAT TITLE SHEET. Section 7. Chapter 26, Section 26 -407, Subsections E.3 and E.13 of the Code are hereby amended as follows; further, new Subsections E.18 and 19 are added: 3. Complete engineering plans and specifications SHALL BE SUBMITTED IN HARDCOPY AND MAY BE REQUIRED IN AN ELECTRONIC FILE FORMAT ACCEPTABLE TO THE CITY for all public facilities to be installed, i.e., water and sewer utilities, traffic control devices, traffic calming features, streets, street lights, street signs and related public improvements, bridges, and storm drainage, including design analysis when required. 13. A computer readable drawing OF THE FINAL PLAT SHALL BE SUBMITTED may be r t be s a fleppy disk CD -ROM, DVD -ROM, OR OTHER ELECTRONIC FILE FORMAT ACCEPTABLE TO THE CITY. The information shall be ON THE CURRENT CITY OF WHEAT RIDGE DATUM IN CONFORMANCE WITH CITY GEODETIC SURVEYING REQUIREMENT STANDARDS AS ESTABLISHED BY THE PUBLIC WORKS DEPARTMENT, be compatible with the current Autocad release CITY MAPPING SOFTWARE AND LAYERING STANDARDS, and include, but not limited to, SECTION TIES, ties to a minimum of two (2) section (land) corners, CONTROL MONUMENTS, exterior boundaries, interior lot lines, easements, rights -of- way (existing and proposed), all to include bearings and distances. 0A ... 18. A CLOSURE REPORT FROM THE PROFESSIONAL LAND SURVEYOR CONTAINING THE CLOSURE CALCULATIONS AND ERROR OF CLOSURE WITH AREA (ROUNDED TO THE NEAREST SQUARE FOOT) FOR THE SUBDIVISION BOUNDARY. 19. A COPY OF THE CITY GEODETIC SURVEYING REQUIREMENTS CHECKLIST, COMPLETED AND INITIALED BY THE PROFESSIONAL LAND SURVEYOR CERTIFYING THE PLAT. Section 8. Chapter 26, Section 26 -412, Subsection C.1.b of the Code is hereby amended as follows: �c b r,,nGFete cu rbs , g and s CURBS, GUTTERS AND SIDEWALKS SHALL BE PROVIDED FOR ALL SUBDIVISIONS THAT REQUIRE NEW STREETS. SUBDIVISIONS OF PROPERTY LOCATED ADJACENT TO EXISTING STREETS WILL REQUIRE CONSTRUCTION OF CURBS, GUTTERS AND SIDWALKS IF THE EXISTING STREETS ARE DESIGNATED AS PEDESTRIAN OR TRAIL ROUTES IN THE CITY OF WHEAT RIDGE BICYCLE AND PEDESTRIAN MASTER PLAN OR ARE COLLECTOR OR ARTERIAL STREETS AS IDENTIFIED IN THE CITY OF WHEAT RIDGE STREETSCAPE DESIGN MANUAL. Section 9. Chapter 26, Section 26 -412, Subsection H of the Code is hereby amended as follows: i i 1. In conjunction with the required drainage certification, the owner will furnish the city, free of charge, A HARDCOPY, SIGNED AND SEALED BY THE ENGINEER OF RECORD, OF THE drawings and specifications, including supplemental drawings, relating to improvements, showing them in their as -built locations ON THE CURRENT CITY OF WHEAT RIDGE DATUM. 2. The as- built's shall be prepared and certified by a registered professional engineer in accordance with the requirements of Wheat Ridge and prior to the city's issuance of the first certificate of occupancy in the subdivision. 3. AN ELECTRONIC FILE CONTAINING THE AS- BUILTS SHALL ACCOMPANY THE SIGNED AND SEALED HARDCOPY, AND BE FURNISHED IN A FORMAT COMPATIBLE WITH THE CITY MAPPING SOFTWARE AND LAYERING STANDARDS ON CD -ROM, DVD -ROM, OR OTHER ELECTRONIC MEDIA ACCEPTABLE TO THE CITY. Section 10. Chapter 26, Section 26 -413, Subsection B of the Code is hereby amended Section follows: 1. The PUNiG WeFkS depaFtmeRt COMMUNITY DEVELOPMENT DEPARTMENT and the subdivider shall prepare an agreement in substantially the form of Appendix B [on file in the office of the city clerk], which details the obligations of the city and the subdivider, the estimated costs of public improvements to the property and the amount of letter of credit to be supplied by the subdivider. Section 11. Chapter 26, Section 26 -623 of the Code is hereby amended (and re- lettered) as follows: `V .����� A. Generally. FOR OPERATIONS WHEREBY A BUILDING PERMIT IS NOT �(i REQUIRED PURSUANT TO THE UNIFORM CODES ADOPTED BY THE �. I • X.MYTImr. EM - A 1111 .• Noll, _ .. .. W. .... MINIMUM MINIMUM 11 OVER WON IS .. .. .... C. MajeF IandR4 anel e)(Gavation control operations. PUMPiRg, landfill and/or v +r-...+'., epe ratie Rs wh e twee+., +he nd ( 20 , 000) n b'o yards m be all ' dist: e+ only by special ..e.. + 'e.. -. � .. onoa ' u se nor m'+ Rder Such depo or ev +racti.. of aFth Rd gra ve l , r ock , m i ne rals , bm Le.. Fe te ..r brel.e.. a o other c .r.'L.r r and/or storage +hereof are ., b' + t th fe'19.. iRg nditi (in ...,uses o i se l at i 9 .. OF .............a character of the ope ration r the Ir. .. atie +hereof p artial , of these e +r. m be made) A c al use peF mit m be ' nrl for n per iod of GRADING PERMITS. DUMPING, LANDFILL, GRADING, AND /OR EXTRACTION OPERATIONS WHICH DISTURB AN AREA OF ONE (1) ACRE OR MORE IN SIZE MAY BE ALLOWED BY A PERMIT ISSUED BY THE ENGINEERING MANAGER AFTER REVIEWING AN APPLICATION AND SUPPORTING INFORMATION SUBMITTED TO THE PUBLIC WORKS DEPARTMENT. SUCH DEPOSIT OR EXTRACTION OF EARTH, SAND, GRAVEL, ROCK, MINERALS, CONCRETE OR ASPHALT PAVEMENT, OR OTHER SIMILAR MATERIALS, AND /OR STORAGE THEREOF, ARE SUBJECT TO THE FOLLOWING CONDITIONS. A GRADING PERMIT MAY BE ISSUED FOR A PERIOD OF TIME NOT TO EXCEED ONE (1) YEAR AND MAY BE RENEWED UPON WRITTEN REQUEST: 1. Application. An application for special use GRADING permit shall be submitted to the community de R PUBLIC WORKS department and shall be accompanied by the appropriate fee and by engineered plans and drawings which illustrate the following minimum information: a. Certified survey of the site SHOWING EXISTING EASEMENTS AND RIGHT -OF -WAY with A corresponding metes and bounds legal description FOR THE BOUNDARY ON THE CURRENT CITY DATUM. b. Name and address of property owner(s) and lessee(s), both within the site and adjacent to the site's perimeter. C I oe., +'n a nd extent of aFeas +e be filled and/or even.,o +ed A GRADING AND EROSION CONTROL PLAN SHOWING THE LOCATION AND EXTENT OF AREAS TO BE FILLED AND /OR EXCAVATED, EXISTING & PROPOSED CONTOUR LINES USING ELEVATIONS CONSISTENT WITH THE CURRENT CITY DATUM DRAWN AT A SCALE ACCEPTABLE TO THE ENGINEERING MANAGER, AND ANY EROSION CONTROL ITEMS REQUIRED PER THE STORMWATER MANAGEMENT • . A STORMWATER MANAGEMENT ' BO C ONSTRUCTION AND POST-CONSTRUCTION B EST M ANAGEMENT PRA CTICES D rainage e. drainage GeuFses, indicating any changes, existing grades and WIN Al �.. . • f. Location of existing and proposed points of ingress /egress. g. Location of residences, structures, AND utilities mays within ^ qu arter n'` m il e di ^ ^ ^^ ^f LYING INSIDE THE SITE in question AND WITHIN A FIFTY (50) FOOT PERIMETER ADJACENT TO THE SITE. • • -••I :• site to be used for haulage SCHEDULE OF OPERATIO INCLU DING • • DA REQUIRED FOR THE OPERATION. k. S ched u le of operatio inGl p l e ti on date COPIES OF ALL MATERIALS REQUIRED TO BE SUBMITTED TO THE STATE OF COLORADO OR THE U.S. GOVERNMENT. WHERE SUCH AGENCIES ARE INV OLVED IN PERMIT REVIEWS AND/OR APPROVALS AS A REFERRAL, PERMITTING OR FUNDING AGENCY. 2. Performance standards. a Seth^^i, S u bject to F ^ thirt feet ^„tb f FE)Fn a ll Property lines. Roads. Subject to operators maintaining all haulage roads used in connection with this operation, under their control or ownership, as much as possible in a dust -free condition. Such haulage roads shall not be established along existing residential streets except as may be provided by a special permit. This shall not preclude collector or major streets from being used for this purpose. b. EROSION CONTROL. EROSION CONTROL PROVISIONS UTILIZED DURING OPERATIONS SHALL ADHERE TO THE BMP'S IDENTIFIED IN THE STORMWATER MANAGEMENT PLAN. the r n c ontained herein the fencin may he r Drainage. DEBRIS AND /OR CONTAMINANTS SHALL NOT BE ACCUMULATED OR DISCHARGED BEYOND THE PROPERTY LINE BY ANY MEANS OF TRANSPORTATION INCLUDING THAT OF NATURAL DRAINAGE. THE OPERATION SHALL BE CONDUCTED SO THAT THE EXCAVATED AREA WILL NOT PERMIT WATER OF A STAGNATED NATURE TO COLLECT OR REMAIN. cre astral ore fer a ntrnl af,ViRd anrt Water during operations- shall be made and followed. Wind blown materials o sediment leafs shall net he allewed ten a the site SITE STABILIZATION. ALL GRADING PERMITS SHALL CONTAIN PROVISIONS TO STABILIZE THE SITE AS NEAR OR CLOSELY AS IS PRACTICABLE TO ITS PRIOR NATURAL STATE OR CONDITION OR IN SUCH STATE OR CONDITION AS THE ENGINEERING MANAGER MAY APPROVE. METHODS OF SITE STABILIZATION SHALL ADHERE TO ALL BMP'S PER THE APPROVED STORMWATER MANAGEMENT. 3. Bond. To insure rehabilitation of the site as prescribed in subsection g., above, there shall be required at the time the original permit is issued a performance bond naming the city council of the City of Wheat Ridge as obligee in an amount and type to be determined by the city engineer, based on and with consideration for the magnitude of the excavation activities and rehabilitation requirements. In no instance shall the amount of the bond be less than five thousand dollars ($000:00$20,000.00). 4. Insurance. Every operator, before commencing operations, shall be insured to the extent of two hundred fifty thousand dollars ($250,000.00) per person, one million dollars ($1,000,000.00) per occurrence against liability arising from production, activities or operations incidental thereto conducted or carried on under or by virtue of any law, resolution or condition imposed by these regulations, and such insurance shall be kept in full force and effect during the period of such operations, including site rehabilitation. A certificate indicating protection by such insurance shall be filed with the application for special permit. 5. Equipment. All equipment used shall be maintained and operated utilizing standard items, such as mufflers, filters, etc., as much as possible to eliminate noise, vibration, dust, etc., which are injurious or substantially annoying to persons living in the vicinity. 6. Hours of operation. All activities shall operate from 7:00 a.m. to 5:00 .� p.m. Operations shall not be permitted on Saturdays, Sundays or holidays, UNLESS OTHERWISE APPROVED BY THE ENGINEERING MANAGER. 7. The Gity n n'f'na16. r s the right to - approve w n.difinnS r.deny s per mits for m ajo r landfill and n .ati GeRtFE)i operations based upon evaluation ef the pFepesal Felative tE) the rr'for'a for r ev i ew of forth ' nnf'nn 7L: n Section 12 Severability, Conflicting Ordinances Repealed If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 13 . Effective Date This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this _ day of 2011, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for , 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29` Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to _, this day of SIGNED by the Mayor on this day of 2011. 2011. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: I I I City of WheatR dge PLANNING COMMISSION CommumT DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: September 1, 2011 TITLE: AN ORDINANCE CONCERNING REQUIRED PUBLIC IMPROVEMENTS ASSOCIATED WITH A BUILDING PERMIT W1011I90ICIITC 11[@W 11`1 ❑ PUBLIC HEARING ❑ CODE CHANGE ORDINANCE Case Manager: Timothy Paranto, Director of Public Works Date of Preparation: August 19, 2011 SUMMARY: The attached ordinance proposes an amendment to the buildings and building regulations code to limit the requirement of constructing public improvements in association with a building permit. The ordinance was initiated at the request of City Council. The ordinance amends Section 5 -45 of the municipal code. While amendments to Section 5 of the municipal code do not require review by the Planning Commission, the Commission is being advised of the proposed ordinance amendment prior to City Council consideration. BACKGROUND The ordinance was initiated at the request of City Council and has been reviewed by City Council at the July 18, 2011 study session. The ordinance amendment would limit the requirement for sidewalks on pedestrian routes identified in the City Bicycle and Pedestrian Master Plan and the City Streetscape Design Manual. Curbs, gutters and sidewalks would only be required if such improvements exist within the block on which the subject property fronts. The draft ordinance also would eliminate the currently required escrow of funds when construction of public improvements is not practical. The estimated cost of the required public improvements would, instead, be paid as a condition of approval to be used for construction of public improvements in the City. The intent is to use the payments to fund sidewalk, curb and gutter projects, such as was provided by the previous "Missing Links Sidewalk Construction Program ". The proposed language is shown in Section 1 of the Ordinance. Exhibits: 1. Proposed ordinance EXHIBIT B Public Improvements associated with Building Permits City of WheatR ridge PLANNING COMMISSION COMMUNITY DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: September 1, 2011 TITLE: AN ORDINANCE CONCERNING GRADING AND FILL PERMITS CASE NO. ZOA -11 -09 /Grading and Fill ® PUBLIC HEARING ® CODE CHANGE ORDINANCE Case Manager: Timothy Paranto, Director of Public Works Date of Preparation: August 19, 2011 SUMMARY: The attached ordinance proposes an amendment to the zoning code which would limit the requirement of obtaining grading and fill permits. The ordinance was initiated at the request of City Council. The ordinance amends Section 26 -623 and as such, requires review by the Planning Commission, with the Commission's recommendation on the ordinance to be forwarded to City Council for consideration. The ordinance was initiated at the request of City Council and has been reviewed by City Council at the July 18, 2011 study session. The existing City Code Section 26 -623 requires grading permits when more than fifty (50) cubic yards of dirt is excavated or imported. Typically, projects that require grading permits also require building permits. This ordinance provides a less restrictive development environment, establishing that a grading permit will be required only when one (1) acre or more of a property is disturbed and the activity is not associated with a building permit. Additional changes are recommended to assist with compliance with the Stormwater Management Program. The permit bond insuring re- vegetation of the site should also be increased to $20,000 to provide sufficient funding if City involvement is necessary. Section 11 of the proposed ordinance contains the language changes. RECOMMENDED MOTION: "I move to recommend approval of Case No. ZOA- 11 -09, an ordinance amending code section 26 -623 concerning grading and fill permits. " Exhibits: 1. Proposed ordinance EXHIBIT C ZOA- 1 1-09/Grading and Fill Requirements , I I City of Wheatlidge PLANNING COMMISSION COMMUNITY DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: September 1, 2011 TITLE: AN ORDINANCE CONCERNING LAND USE DOCUMENT SUBMITTALS CASE NO. ZOA- 11- 10/Technical Submittal Requirements ® CODE CHANGE ORDINANCE Case Manager: Timothy Paranto, Director of Public Works Date of Preparation: August 19, 2011 SUMMARY: The attached ordinance proposes amendments to Article I, Article Il and Article IV of the zoning code. The ordinance was initiated at the request of City Council. The ordinance amends Section 26 -111, Section 26- 308, Section 26 -403 and Section 26 -407 of the municipal code and as such, requires review by the Planning Commission, with the Commission's recommendation on the ordinance to be forwarded to City Council for consideration. BACKGROUND The ordinance was initiated at the request of City Council and has been reviewed by City Council at the July 18, 2011 study session. The proposed ordinance would incorporate current requirements concerning land use document submittals. The changes will provide the necessary documentation in compliance with the City's adopted survey and GIS standards. Sections 2 - 7 of the proposed ordinance contains the language changes. RECOMMENDED MOTION: "I move to recommend approval of Case No. ZOA- 11 -10, an ordinance amending code section 26 -111, section 26 -403 and section 26 -407 concerning land use document submittals. " Exhibits: 1. Proposed ordinance EXHIBIT D ZOA- 11- 10/Technical Submittal Requirements '� , I City of WheatR dge PLANNING COMMISSION COMMUNITY DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: September 1, 2011 TITLE: AN ORDINANCE CONCERNING REQUIRED PUBLIC IMPROVEMENTS ASSOCIATED WITH SUBDIVISIONS CASE NO. ZOA- 11- 11/Public Improvements with Subdivision ® PUBLIC HEARING ® CODE CHANGE ORDINANCE Case Manager: Timothy Paranto, Director of Public Works Date of Preparation: August 19, 2011 SUMMARY: The attached ordinance proposes an amendment to the subdivision code which would limit the requirement of constructing public improvements in association with property subdivision. The ordinance was initiated at the request of City Council. The ordinance amends Section 26 -412 and as such, requires review by the Planning Commission, with the Commission's recommendation on the ordinance to be forwarded to City Council for consideration. BACKGROUND The ordinance was initiated at the request of City Council and has been reviewed by City Council at the July 18, 2011 study session The proposed changes to Section 26 -412 would limit the requirement for construction of curbs, gutters and sidewalks to new streets proposed with a subdivision and on adjacent existing streets that are pedestrian routes identified in the City Bicycle and Pedestrian Master Plan and the City Streetscape Design Manual. Sections 8 - 10 of the proposed ordinance contains the language changes. "I move to recommend approval of Case No. ZOA- 11 -11, an ordinance amending code section 26 -412 concerning required public improvements associated with subdivisions. " Exhibits: 1. Proposed ordinance EXHIBIT E ZOA- 11- 11/Public Improvements Installation with Subdivisions tt City of W heat LAND USE APPLICATION FARM - co," pevet.ormenr — -_ --. .--__-_--__.__. Case No. 20A1111 J Date Received 8/12/2011 Related Cases Case Planner 4. Recked Case Description ',Amend code concerning installation of curb, gutter & sidewalk,' I Ap ion Name !City of Whe Ridge Name I 11 Phone Address I City Stater Zip Dwner /irlaYrorr _ Name f Name Phone _ Address City i Stale �. Zip CwNacJJ�Mmral�n Name L Na �_ Phone _ Address i City Stale Zip E _ Pmjec/ /niormatioir _ __� _ Address Street E City State CD Zip j Location Description Citywide Project Name `. Parcel No. F- i 4h Section: I ! District No.: RevkMr Pre -App Date _ _ Neighborhood Meeting Dale App No: _ vl Review Type Review Body .Review Date Disposition Comments Report Stu Session ��CC v', 7/1V2011i v El ,Publ Hean -- v PC - -;7 1 9/1/2011 1 v Diaporilraa Record; [ [4] .� 3931 H l of 3931 STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Council Chambers 7500 W. 29 Ave. July 18, 2011 Mayor DiTullio called the Study Session to order at 6:30 p.m. Council Members present: Karen Adams, Karen Berry, Joseph DeMott, Joyce Jay, Tracy Langworthy, Davis Reinhart, Wanda Sang and Mike Stites. City Staff present: City Manager, Patrick Goff; Administrative Services Director, Heather Geyer; Community Development Director, Kenneth Johnstone; Public Works Director, Tim Paranto; Economic Development Manager, Steve Art; Planner ll, Sarah Showalter. Also Present: Deputy City Clerk, Bruce Roome; City Treasurer, Larry Schulz; and City Attorney, Gerald Dahl. APPROVAL OF AGENDA 1. Staff Report(s) Mr. Goff sought clarification for the upcoming meetings of July 25` and August 1 There are only a couple of items on the July 25 Council Meeting agenda so Mr. Goff would like to adjourn to a short study session to discuss bus stop shelters and have a presentation of the City's customer service action plan. August V is a Study Session and Council has been invited to hold the session at the Senior Resource Center to tour the new facility as well as the Ye Olde Firehouse. Council advised Mr. Goff to proceed with this plan. • Mr. Dahl gained consensus approval from Council to draft a provision in the annexation portion of the Code of Laws providing for de= annexation of property. 2. Employee Compensation Mr. Goff discussed with Council the three compensation increase options outlined in the materials. The first is to take no action. The other two options both implement salary increases for employees. Consensus was sought to use the $145,000 budgeted for raises in 2011 for a one -time bonus payment to all employees now and to have staff prepare the 2012 budget with a 3% increase for non -sworn employees and step increases for sworn personnel. It was determined that since this has been budgeted already, it will not be necessary to come back to Council for further approval. 3. Redevelopment vision for southwest corner of 38 Ave. and Wadsworth Blvd. Mr. Johnstone and Ms. Showalter presented several possible options for the redevelopment of the area. Mayor DiTullio left the meeting at approximately 7:50 pm. Consensus was gained from Council to support the vision that the Community Development staff has developed for this area which includes a combination of mixed -use redevelopment that has a strong retail component and also encourages multi -story buildings and pedestrian friendly streets and blocks. 4. Amendments to Section 5-45, Chapter 26, Article 4 — Public Improvements Mr. Paranto discussed several proposed Code changes. Consensus was reached to have staff make changes to the City Code regarding requirements of construction curb, gutter and sidewalks in association with certain building permits and land use actions. Consensus also reached to reduce the need to obtain grading permits and to update some of the technical requirements. Meeting adjourned at 8:57 PM. Z ",c- ,, - Jld7rX' Bruce Roome Deputy City Clerk