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Home My WebLink AboutZOA-96-3NOTICE OF PIIBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge Planning Commission on May 16, 1996 at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petition shall be heard: 1. Case No. ZOA-96-2: Public hearing will be held on a proposed amendment to the Wheat Ridge Code of Laws Zoning and Development Code, Section 26-5. Definitions, regarding the definition of the term "STORY" relating to building setback requirements. 2. Case No. ZOA-96-3: Public hearing will be held on a proposed amendment to the Wheat Ridge-Code of Laws, Zoning Code, Section 26-33. Excavation and Deposit Control. c Sa ra Wiggins, S etary ATTEST: Wanda Sang,- City Clerk To be Published: April 19, 1996 Wheat Ridge Transcript b:\51696.phn Planning Commission Minutes Page 11 May 16, 1996 Mr. Gidl-ey presented the case. He passed out copi of the existing definition of "STORY" in the Zoning Ord' ante. Commissioner WILLIAMS asked about the setb requirements. Mr. Gidley explained it was based upo 2-foot increments. Commissioner JOHNSON asked if the roposed regulation would_be the standard in all zone distr' s? Mr. Gidley stated only tho zone districts that use the term "STORY" for the purpose setbacks - usually the commercial and high-density resident' districts. He gave some examples. Commissioner WIL S moved that Case No. ZOA-96-2, a proposed amendment to t Wheat Ridge Code of Laws, Zoning and Development Code, Sectio 26-5. Definitions, regarding the definition of the term "STO relating to building setback requirements be forward to City Council with a recommendation for Approval as per s ff memo dated 5/9/96 regarding this case. fC~iimissioner JOHNSON seconded the motion. Motion carried 6-0. 4./ Case No. ZOA-96-3: Public hearing will be held on a `J proposed amendment to Wheat Ridge Code of Laws, Zoning and Development Code, Section 26-33. Excavation and Deposit Control. Mr. Gidley presented the case_ He noted that the proposed amendment relates to changes to the 1994 Uniform Building Code and to Chapter 5 of the Code of Laws that deals with licenses and building .activities. Mr. Gidley explained that some activities relate to the Public. works Department and the issuance of fill and excavation permits. He added that Council would discuss this next Monday. He elaborated. After discussion, several concerns were voiced and it was consensus to continue this case to the first meeting July, which would be July 18, 1996 (first Thursday is a holiday). 8. CLOSE THE PUBLIC BEARING 9. OLD BUSINESS 10. NEW BUSINESS 11. DISCUSSION AND DECISION ITEMS 1. Commissioner RASPLICKA requested items to take to PWAC. PUBLIC HEARING SPEAKERS' LIST CASE NO: ZOA-96-3: DATE: May 16, 1996 REQUEST: Public hearing will be held on a proposed amendment to Wheat Ridge Code of Laws, Zoning and Development Code, Section 26-33. Excavation and Deposit Control. OF WNE4T,pi From the desk of ,' °~m Glen Gi alnd Development Director Planning (303) 235-2844 0 OOLORP~ ~/'' V - ~ ~~~~ ~ ~~~ C,Q'~''~%Y , ~ „• ~y~ ~,~ -~ P~ ~ ~~°.'. ~ ~~ .-~~ INTRODUCED BY COUNCILMEMBER COUNCIL BILL NO. Ordinance No. Series of 1996 TITLE: AN ORDINANCE AMENDING SECTION 26.33 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, RELATED TO EXCAVATION AND DEPOSIT CONTROL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: - Section l: _Section 26.33 of the Code of Laws of the City of Wheat Ridge is. hereby amended as follows: No deposit and/or extractive .operation shall be permitted in any district except in the manner prescribed herein. It is the intent and purpose of this Secticn to establish reasonable uniform limitations, safeguards and controls in the City of Wheat Ridge for the conservation and utilization of property through deposit and/or extraction of soil, sand, gravel, rock, minerals and other similar resources. 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 PLAN REVIEW AND EXCAVATION AND/OR FILL PERMIT fees shall be in accordance with those fees established IDT CHAPTER 5, SECTION 5-76 '^•• "~= r,_iF.=-- "c'_' a_r= Eede- t Any fill operation which is proposed for a parcel located within a 100-year floodplain shall additionally comply with the Flood Plain Zoning Ordinance, Article II of this Chapter. (B) ~ Excavation and Fill Permits: (1) One to fifty (1-50) cubic yards. No permit is required for dumping or excavation of earth materials which does not exceed fifty (50) cubic yards, provided, however, that any fill deposited is on natural terrain of less than three to one (3 :1) , or such fill is less than three (3) feet in depth and is not intended to support permanent structures, and, in addition, such fill or excavation does not obstruct or otherwise adversely affect any drainageway. Should any of the above standards be exceeded. or a drainageway be affected, a permit as required in Subsection (B)(2) below shall be required. Ordinance No. Series of 1996 Page 2 (2) Fifty-one to five hundred (51-500) cubic yards. irzgFILL AND/or excavation of earth materials not exceeding five hundred (500) cubic yards may be allowed with a permit approved by the City Engineer. Application shall be made to the p*t~blie wer3es~epar-t ~e~~ DEPARTMENT OF PUBLIC WORKS on the appropriate form and shall be accompanied by the appropriate fee. A sketch plan indicating the following information shall also be submitted. (a) Location and dimensions of all property boundaries and structures on the site. (b) Location and extent of areas to be filled or exca- vated. (c) Location of existing and proposed drainageways, irrigation ditches, etc., and indication of how and where historic runoff PATTERNS will be maintained on site. (d) Cross-section of area to be filled or- excavated, indicating original slope, new slope and depth of fill. (e) Statement which indicates the proposed use or purpose for THE said fill or excavation. (3 ) OVER Five hundred aid ene te~e~y-rah~send-(5~01~'~B~T cubic yards: Operations in which earth material fill AND/or excavation exceeds five hundred (500) cubic yards '~• f ^^` ~••,~;,. Y.,a~~ may be al- lowed by a permit issued by the City Engineer after reviewing an application and supporting information submitted to the pt~bl$e -..r_=;.__ a~°-~-°--~-DEPARTMENT OF __r ~_ _...____ PUBLIC WORKS. The following information shall be submitted with the required application form: Site plan, prepared by a registered professional engineer; at a scale of no less than one (1) inch to twenty (20) feet, which illustrates the following: (a) Location and dimensions of all property boundaries and structures on the site. (b) Location and extent of areas to be-filled AND/or excavated. (c) Location of existing waterways and drainage courses indicating any change. (For any site containing an established irrigation ditch, a letter of approval Ordinance No. Page 3 Series of 1996 from the appropriate ditch company or agency is required.) (d) Location of existing and proposed points of in- gress/egress. (e) Location and extent of existing vegetation, proposed changes in such vegetation and including methods to rehabilitate the vegetation after filling. (f) A complete drainage and grading plan and report, if required, at the discretion of the city engineer. (g) Plans for wind and water erosion control during operations, and plans for rehabilitation and stabilization upon completion. (H) LOCATION OF INGRESS AND EGRESS ROADWAYS, (I) A SCHEDULE SHOWING KEY DATES RELATING TO STARTUP OF OPERATIONS, COMPLETION OF OPERATIONS, BEGINNING AND COMPLETION OF REHABILITATION AND STABILIZATION OPERATIONS. (4) Performance standards: The following REQUIREMENTS p~a- _______ shall apply to all -...-.-== excavation and fill permits: (a) Rehabilitation: Within thirty (30) days after the cessation of filling or excavation, rehabilitation of the site shall have been completed in accordance with the approved plans. Rehabilitation shall consist of acceptable leveling, grading, landscaping or any combination thereof to minimize potential erosion. ~wu ~ i +-he same~~~n~as-the~erms '-c~~~bage, trash (B) ACCEPTABLE FILL MATERIALS: EARCH MATERIALS INCLUDING SOIL, SILT, SAND, ROCK AND GRAVEL ARE ACCEPTABLE FILL MATERIALS. BROKEN CONCRETE, ASPHALT, SRYCRS AND BLOCKS MAY BE APPROVED AS FILL MATERIAL BY THE CITY ENGYNEER, PROVIDED THAT ALL EXPOSED REBAR AND WIRE MESH IS REMOVED FROM CONCRETE AND PROVIDED SUCH MATERIALS ARE COVERED BY AT LEAST TWO (2) FEET OF SOIL OVERBURDEN. Ordinance No. Series of 1996 Page 4. IN NO INSTANCE SHALL ANY FILL MATERIAL BE ALLOWED WHICH HAS DECOMPOSABLE AND/OR HIGHLY COMPRESSIBLE OR EXPANSIVE MATTER INCORPORATED INTO THE FILL, OR WHICH COULD BE CONSIDERED AS JUNR, GARBAGE, DEBRIS, TRASH OR A HAZARDOUS MATERIAL OR CONTAMINANT AS DEFINED IN WHEAT RIDGE CODE OF LAWS, SECTION 20-24. __ L'- '7 (C) A~aj-ems }.a~dfi}} RESOURCE a EXTRACTION control (MINING AND QUARRY) operations: ~mg}~tQ~ ',~z _~RESOURCE extraction operations `~;-sn~d~2-9 e09Tettb}e-y~aru-.s-may be allowed in any zone district only by special use permit requiring public -- hearings with the Planning Commission and City Council, -- following procedures and requirements as established in Section 26-6(bB). Such ~~'~-er extraction of earth, sand, gravel, rock, minerals, '~°'--- '- ~ ='s-~-~-" or other similar resources, andfar RELATED storage thereof, are subject to the following conditions. (In cases of isolation or unusual characteristics of the operation or the location thereof, partial waiver of these requirements may be made by City Council.) cp;.--=-zz~~ --~ag~ be-~s~~e~-air}ed of t}me (1) Application procedures. An application shall be made to the DEPARTMENT OF PLANNING AND DEVELOPMENT 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 with corresponding metes and bounds legal description. (b) Name and address of property owner(s) and lessee(s), both within the site and adjacent to the site's perimeter. (c) Location and extent of areas to be filled and/or excavated. (d) Drainage plan and report, which identifies existing waterways and drainage courses, indicating any changes, existing grades and proposed finish grades, and method of maintaining historic drainage from the Ordinance No. Page 5 Series of 1996 site, and methods for controlling erosion from both wind and water during operations and upon completion. (e) Location of existing and proposed points of ingress/egress.- (f) Location and extent of existing vegetation, and proposed changes in vegetation,. including methods to rehabilitate the vegetation upon completion. (g) Location of residences, structures,- utilities and roadways within one-quarter (1/4) mile's distance of site in question.' (h) Location and type or perimeter fencing. (i) Location and surfacing of all roads both within and adjacent to the site to be used for haulage. (j) Location-and character of proposed lighting on the site. (k) Schedule of operations, including completion date. (1) 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. (2) Performance standards: (a) Setback.: Subject to maintaining a thirty-foot setback from all property lines. (b) Roads: Subject to operator(s) 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. (c) Fencing: The property containing the extractive operation shall be enclosed by a V-mesh, cyclone, chainlink or other similar metal fence with a minimum height of seventy two (72) inches. Three (3) strands of barbed wire shall be placed above the metal fencing and canted to a 45 degree angle to the outside. At such time as the site has been rehabilitated in Ii l Ordinance No. _ Page 6 Series of 1996 conformance with the requirements as contained herein, the fencing may be removed. (d) Erosion control: Provisions for control of wind and water erosion during operations shall be made and followed. Wind blown materials or sediment loads shall not be allowed to escape the site. (e) Drainage: debris and/or contaminants shall not be accumulated or discharged beyond the property line by any means of transportation including natural drainage. The operation shall be conducted so that -- the excavated area will not permit water of a stagnated nature to collect or remain. (f) Lighting: all exterior lighting shall be in com- pliance with Section 26-30(s). (g) Rehabilitation: all special permits shall contain provisions for rehabilitation of the property as near or closely as is practicable to its prior natural state or condition or in such state or condition as the City Council may approve. Rehabilitation of the site shall include replacement of topsoil which is spread evenly over the rehabilitated site to a depth comparable to that of adjoining areas. Property not ultimately used for lake purposes or structures, etc.,- shall be planted with trees, shrubs, grasses or similar ground cover to preclude erasion of the soil by either wind or water, AND SUCH PLANTINGS SHALL BE MAINTAINED. (3) Bond. To insure rehabilitation of_the site as prescribed in subparagraph (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 ($5,000.00). (4) Insurance. Every operator, before commencing operations, shall be insured to the extent of two hundred thousand dol- lars ($200,000.00) per person, five hundred thousand dollars ($500,000.00) 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 Ordinance No. Page 7 Series of 1996. 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, filter, 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 op- erate from 7:00 a.m. to 5:00 p.m. Operations shall not be permitted on Saturdays, Sundays or NATIONAL holidays. (7) The City of Wheat Ridge City Council specifically reserves the right to approve, approve with stipulations, or deny special use permits for a~,aje~ }aedf}}} aed ~E~ .a~~ RESOIIRCE EXTRACTION control operations based upon evaluation of the proposal relative to the criteria for review as set forth in Section 26-6(B)(3). Section 2: Severability If any clause, sentence, paragraph, or part of this ordinance-or the application thereof to any person or circumstances shall for-any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 3: Safetv Clause The. City Council hereby finds, determines and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge and under the laws of the State of Colorado, that it is promulgated for the health, safety and welfare of-the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. -The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4: This ordinance shall take effect ten (10) days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 199 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 1996, at 7:00_ o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ; ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to this day of 1996. Ordinance No. Series of 1996 -- SIGNED by the Mayor on this ATTEST: Page S day of 1996. DAN WILDE, MAYOR WANDA SANG, CITY CLERK APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL B:\WP60\ORD\EXCFILL.ORD - -_ ~6.26•~b~neM~~ pe~ss~`s Sandy, Please add the following to Section 4 as (A) : w''~`~~""' ~' Excavation and Fill permits are issued under the premise that excavation and fill will continue in an continuous manner on the site until operations are completed. In the event there is a cessation in operations prior to completion of •the earthwork authorized under a permit the follow- ing actions will be taken by the permittee: 1. For all work, stoppages greater than 3 consecutive days, the City Engineer is to be notified. 2. For work stoppages of less than 14 days no additional work is required. 3. For work stoppages of 14 days to not more that 30 days, all mounds of earth, slopes and irregularities will be leveled, temporary drainage ways cut and proper erosion control implemented to prevent movement of soil by wind and water. 4. For work stoppages in excess of 30 days, the site will be leveled and graded per the grading plan, drainage ways established and proper erosion control measures implemented in accordance with. t_he approved grading, landscaping and drainage plan. In addition, a ground cover plant material acceptable to the City Engineer shall be planted. SANDY, THE FOLLOWING REPLACES SECTION 4(A) THIS SHOULD BE (B) (b) Within 30 days after the completion of filling or excavation operations, rehabilitation of the site shall have been completed in accordance with the approved grading, landscaping and drainage plans. As excavation and fill operations in portions of the site are completed, rehabilitation work shall be commenced in those portions and completed to minimize the amount of erosion. SANDY, PLEASE ADD THE FOLLOWING AS (C) The life of an excavation fill permit is 1 year from date of issuance. A 1 year extension may be granted by the City Engineer under extenuating circumstances, if requested by the permittee. SANDY, PLEASE RENUMBER EXISTING B AS D 1 Ordinance No. Series of 1996 ~ BY COUNCILMEMBER COUNCIL BILL NO. Ordinance No. Series of 1996 Page 1 TITLE: AN ORDINANCE AMENDING SECTION 26.33 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, RELATED TO EXCAVATION AND DEPOSIT CONTROL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1: Section 26.33 of the Code of Laws of the City of Wheat Ridge is hereby amended as follows: No deposit and/or extractive 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 utilization of property through deposit and/or extraction of soil, sand, gravel, rock, minerals and other similar resources. 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 PLAN REVIEW AND EXCAVATION AND/OR FILL PERMIT fees shall be in accordance with those fees established IN CHAPTER 5, SECTION 5-76 '^-• `_'._ ?,ni~_=-- ^_'_' °i~~ n Any fill operation which 100-year floodplain shall Zoning Ordinance, Article is proposed for a parcel located within a additionally comply with the Flood Plain II of this Chapter. (B) ~ Excavation and Fill Permits: (1) One to fifty (1-50) cubic yards. No permit is required for dumping or excavation of earth materials which does not exceed fifty (50) cubic yards, provided, however, that any fill deposited is on natural terrain of less than three to one (3:1), or such fill is less than three (3) feet in depth and is not intended to support permanent structures, and, in addition, such fill or excavation does not obstruct or otherwise adversely affect any drainageway. Should any of the above standards be exceeded or a drainageway be affected, a permit as required in Subsection (B)(2) below shall be required. Ordinance No. Page 2 Series of 1996 (2) Fifty-one to five hundred (51-500) cubic yards. ~gFILL AND/or excavation of earth materials not exceeding five hundred (500) cubic yards may be allowed with a permit approved by the City Engineer. Application shall be made to the f~l4ri~ae~3es depart t~ex~ DEPARTMENT OF PUBLIC WORKS on the appropriate form and shall be accompanied by the appropriate fee. A sketch plan indicating the following information shall also be submitted. (a) Location and dimensions of all property boundaries and structures on the site. (b) Location and extent of areas to be filled or exca- vated. (c) Location of existing and proposed drainageways, irrigation ditches, etc., and indication. of how and where historic runoff PATTERNS will be maintained on site. (d) Cross-section of area to be filled or excavated, indicating original slope, new slope and depth of fill. (e) Statement which indicates the proposed use or purpose for THE ea~d fill or excavation. (3) OVER Five hundred a~~-F+nrit- *--•^^~~ cz ^"Sc~rcc~~ox~~,~w-~r cubic yards: Operations in which earth material fill AND/or excavation exceeds five hundred (500) cubic yards ;rxt~es Y ...,a ~.,,, ~~„~ _..L: _ -----°- may be al- lowed by a permit issued by the City Engineer after reviewing an application and supporting information submitted to the pal}e we~'3fs Qepazt„~z~tDEPARTMENT OF PUBLIC WORKS. The following information shall be submitted with the required application form: Site plan, prepared by a registered professional engineer., at a scale of- no less than one {1) inch to twenty (20) feet, which illustrates the following: (a) Location and dimensions of all property boundaries and structures on the site. (b) Location and extent of areas to be filled AND/or excavated. (c) Location of existing waterways and drainage courses indicating any change. (For any site containing an established irrigation ditch, a letter of approval Ordinance No. Page 3 Series of 1996 from the appropriate ditch company or agency is required.) (d) Location of existing and proposed points of in- gress/egress. (e) Location and extent of existing vegetation, proposed changes in such vegetation and including methods to rehabilitate the vegetation after filling. (f) A complete drainage and grading plan and report, if required, at the discretion of the city engineer. (g) Plans for wind and water erosion control during operations,- and plans for rehabilitation and stabilization upon completion. (H) LOCATION OF INGRESS AND EGRESS ROADWAYS. (I) A SCHEDULE SHOWING REY DATES RELATING TO STARTUP OF OPERATIONS, COMPLETION OF OPERATIONS, BEGINNING AND COMPLETION OF REHABILITATION AND STABILIZATION OPERATIONS. (4} Performance standards: The following REQUIREMENTS pra-- _______ shall apply to all ~n~xa~ excavation and fill permits: (a) Rehabilitation: Within thirty (30) days after the cessation of filling or excavation, rehabilitation of the site shall have been completed in accordance with the approved plans. Rehabilitation shall consist of acceptable leveling, grading, landscaping or any combination thereof to minimize potential erosion. -Eb~3---$e#~r~s APb~- ~ _ ~d ~ eentam}na~ts e~*att o~ '~ ~a Q Axeept~laP~x-e~e~sQe~ b~~the Gity Engi~aer Fer the p~pese-e€ t3~is S~etie~ the~Qrm~-debris-~~~de (B) ACCEPTABLE FILL MATERIALS: EARCH MATERIALS INCLUDING SOIL, SILT, SAND, ROCK AND GRAVEL ARE ACCEPTABLE FILL MATERIALS. BROKEN CONCRETE, ASPHALT, BRICKS AND BLOCKS MAY BE APPROVED AS FILL MATERIAL BY THE CITY ENGINEER, PROVIDED THAT ALL EXPOSED REBAR AND WIRE MESH IS REMOVED FROM CONCRETE AND PROVIDED SUCH MATERIALS ARE COVERED BY AT LEAST TWO (2) FEET OF SOIL OVERBURDEN. Ordinance No. Series of 1996 Page 4 IN NO INSTANCE SHALL ANY FILL MATERIAL BE ALLOWED WHICH HAS DECOMPOSABLE AND/OR HIGHLY COMPRESSIBLE OR EXPANSIVE MATTER INCORPORATED INTO THE FILL, OR WHICH COULD BE CONSIDERED AS JUNR, GARBAGE, DEBRIS, TRASH OR A HAZARDOUS MATERIAL OR CONTAMINANT AS DEFINED IN WHEAT RIDGE CODE OF LAWS, SECTION 20-24. -E~S-) f~}m}t oa ge~nits~-I~x ate eve~tt sha}} a simile ~~r reeei~a-aeettmr~}ative -° - F (C) N[a~er }aid€i}} aid RESOURCE ~~ EXTRACTION control (MINING AND QUARRY) operations: ~mpieg-sara~~~ ^RESOURCE extraction operations whieh c=_..~_~ ~-•.~.,..r may be allowed in any zone district only by special use permit requiring public hearings with the Planning Commission and City Council, following procedures and requirements as established in Section 26-6 (bB) . Such depesi-ter extraction of earth, sand, gravel, rock, minerals, b~e3ee~ ee~P~ete r '~~~; uop=~cr other similar resources, ands RELATED storage thereof, are subject to the following conditions. (In cases of isolation or unusual characteristics of the operation or the location thereof, partial waiver of these requirements may be made by City Council.) n spec'~~ }~e-r~i~t-stay be „°c~-ftar~~.e~}ad e€ t}me F eed eae E'~ ti~-~ be •, sari i-Yri - -------__ -.J.y....,..~. (1) Application procedures. An application shall be made to the ~tl~mnia,g ^^a eve}egment dep~Kei~DEPARTMENT OF PLANNING AND DEVELOPMENT 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 with corresponding metes and bounds legal description. (b) Name and address of property owner(s) and lessee(s), both within the site and adjacent to the site's perimeter. (c) Location and extent of areas to be filled and/or excavated. (d) Drainage plan and report, which identifies existing waterways and drainage courses, indicating any changes, existing grades and proposed finish grades, and method of maintaining historic drainage from the Ordinance No. Page 5 Series of 1996 site, and methods for controlling erosion from both wind and water during operations and upon completion. (e) Location of existing and proposed points of ingress/egress. (f) Location and extent of existing vegetation, and proposed changes in vegetation, including methods to rehabilitate the vegetation upon completion. (g) Location of residences, structures, utilities and roadways within one-quarter (1/4) mile's distance of site in question. (h) Location and type or perimeter fencing. (i) Location and surfacing of all roads both within and adjacent to the site to be used for haulage. (j) Location and character of proposed lighting on the site. (k) Schedule of operations, including completion date. (1) 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. (2) Performance standards: (a) Setback: Subject to maintaining a thirty-foot setback from all property lines. (b) Roads: Subject to operator(s) 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. (c) Fencing: The property containing the extractive operation shall be enclosed by a V-mesh, cyclone, chainlink or other similar metal .fence with a minimum height of seventy two (72) inches. Three (3) strands of barbed wire shall be placed above the metal fencing and canted to a 45 degree angle to the outside. At such time as the site has been rehabilitated in Ordinance No. _ Page 6 Series of 1996 conformance with the requirements as contained herein, the fencing may be removed. (d) Erosion control: Provisions for control of wind and water erosion during operations shall be made and followed. Wind blown materials or sediment loads shall not be allowed to escape the site. (e) Drainage: debris and/or contaminants shall not be accumulated or discharged beyond the property line by any means of transportation including natural drainage. The operation shall be conducted so that the excavated area will not permit water of a stagnated nature to collect or remain. (f) Lighting: all exterior lighting shall be in com- pliance with Section 26-30(s). (g) Rehabilitation: all special permits shall contain provisions for rehabilitation of the property as near or closely as is practicable to its prior natural state or condition or in such state or condition as the City Council may approve. Rehabilitation of the site shall include replacement of topsoil which is spread evenly over the rehabilitated site to a depth comparable to that of adjoining areas. Property not ultimately used for lake purposes or structures, etc., shall be planted with trees, shrubs, grasses or similar ground cover to preclude erosion of the soil by either wind or water, AND SUCH PLANTINGS SBALL BE MAINTAINED. (3) Bond. To insure rehabilitation of the site as prescribed in subparagraph (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 ($5,000.00). (4) Insurance. Every operator, before commencing operations, shall be insured to the extent of two hundred thousand dol- lars ($200,000.00) per person, five hundred thousand dollars ($500,000.00) per occurrence against liability arising from production, activities or operations incidental thereto conducted or carried nn 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 Ordinance No. Series of 1996 Page 7 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, filter, 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 op- erate from 7:00 a.m. to 5:00 p.m. Operations shall not be permitted on Saturdays, Sundays or NATIONAL holidays. (7) The City of Wheat Ridge City Council specifically reserves the right to approve,. approve with stipulations, or deny special use permits for ~aj-e~ lfi}} ,~a ~ --,~;~~ RESOURCE EXTRACTION control operations based upon evaluation of the proposal relative to the criteria for. review as set forth in Section 26-6(B)(3). Section 2: Severabilit_v. If-any clause, sentence, paragraph, or part of this ordinance or-the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction. invalid,. such judgment shall not affect application to other persons_or circumstances. Section 3: Safetv Clause. The City Council hereby finds, determines and declares that. this ordinance is promulgated under the general police power of the City of Wheat Ridge and under the laws of the State of Colorado, that it is promulgated for the health, safety and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained.. Section 4: This ordinance shall take effect ten (10) days after final publication. INTRODUCED, READ, AND ADOPTED on..first reading by a vote of to on this day of 199 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 1996, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to this day of 1996. Ordinance No. Series of 1996 SIGNED by the Mayor on this ATTEST: Page S day of 1996. DAN WILDE, MAYOR WANDA SANG, CITY CLERK APPROVED AS TO FORM BY CITY ATTORNEY B:\WP60\ORD\EXCFILL.ORD GERALD E. DAHL MEMORANDUM To: Planning Commission From: Glen Gidley, Director of Planning & Development Re: Case No. ZOA-96-3/Amendment to Zoning Ordinance, Sec. 26-33 Excavation and Deposit Control Date: July 9, 1996 of WREgT ~ Po c~ v m c~C ORP~O On May 16th, Planning Commission considered a proposed amendment to the Excavation and Deposit Control provisions of the Zoning Ordinance. (See attached memo and minutes.) The case was continued to July 18 so that staff could prepare additional language that addressed the kind of "acceptable fill material". There was concern over use of "dirty fill". Staff has added a new subsection 26-33(B)(4)(b) on page 3 which proposes specific standards for fill. SUGGESTED MOTION: I move the Case No. ZOA-96-3, a proposed amendment to the Zoning Ordinance regarding Excavation and Deposit Control permits, be forwarded to City Council with a recommendation of approval. The reasons for this recommendation are: 1. The requirement for Special Use approval should apply to "mining and quarry" operations, whereas earth fill procedures should be administrative%ngineering review. 2. Better definityon of "acceptable" fill material has been added. attachments GEGsIw MEMORANDUM ~pF WHEgT.p ~ o U m To: Planning Commission From: Glen Gidley, Director of Planning & Development ~ o Re: Case No. ZOA-96-3: Amendment to Zoning Ordinance Sec. 26-33 °coRAo Excavation and Deposit Control Date: May 9, 1996 The Public Works Project Engineer, John Oss, has prepared the attached proposed Council Bill which amends the Zoning Ordinance, Sec. 26-33. Excavation and Deposit Control. The Public Works Department administers the issuance of excavation and fill permits, except when over 20,000 cubic yards, then a Special Use Permit has been required. A summary of major proposed revisions are as follows: 1. Distinguish between "excavation and fill" operations and "mining and quarry" operations. Resource extraction (mining) would continue to require a Special Use Permit, whereas excavation and fill operations would be ministerial review by Engineering. 2. Minor additional information requirements for larger excavation and fill operations. SUGGESTION MOTION; I move that Case No. ZOA-96-3, a proposed amendment to the Zoning Ordinance regarding Excavation and Deposit Control Permits, be forwarded to City Council with a recommendation for approval. GEGsIw attachment INTRODUCED BY COUNCILMEMBER COUNCIL BILL NO.' Ordinance No. Series of 1996 TITLE: AN ORDINANCE AMENDING SECTION 26.33 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, RELATED TO EXCAVATION AND DEPOSIT CONTROL- BE ZT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section l: Section 26.33 of the Code of Laws of the City of Wheat Ridge is hereby amended as follows: No deposit and/or extractive 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 utilization of property through deposit and/or extraction of -soil, sand, gravel, rock; minerals and other similar resources. 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 PLAN REVIEW AND EXCAVATION AND/OR FILL PERMIT fees shall be in accordance with those fees established IN CHAPTER 5, SECTION 5-76 br t::c :,':;.f--^~ Any fill operation which is proposed for a parcel located within a 100-year floodplain shall additionally comply with the Flood Plain Zoning Ordinance, Article II of this Chapter. (B) Mar Excavation and Fill Permits: (1) One to fifty (1-50) cubic yards. No permit is required for dumping or excavation of earth materials which does not exceed fifty (50) cubic yards, provided, however, that any fill deposited is on natural terrain of less than three to one (3 :1) , or such fill is less than three (3) feet in depth and is not intended to support permanent structures, and, in addition, such fill or excavation does not obstruct or otherwise adversely affect any drainageway. Should any of the above standards be exceeded or a drainageway be affected, a permit as required in Subsection (B)(2) below shall be required. (2) Fifty-one to five hundred (51-500) cubic yards. ~g FILL AND/or excavation of earth materials not exceeding five hundred (500) cubic yards may be allowed with a permit Ordinance No. Series of 1996 Page 2 approved by the City Engineer. Application shall be made to the pub}-i~-~rer)€~s depart meat DEPARTMENT OF PUBLIC WORKS on the appropriate form and shall be accompanied by the appropriate fee. A sketch plan indicating the following information shall also be submitted. (a) Location and dimensions of all property boundaries and structures on the site. (b) Location and extent of areas to be filled or exca- vated. (c) Location of existing and proposed drainageways, irrigation ditches, etc., and indication of how and where historic runoff PATTERNS will be maintained on site. (d) Cross-sections of the area to be filled or excavated, indicating original slope, new slope and depth of fill and/or cut. (e) Statement which indicates the proposed use or purpose for THE saw fill or excavation. (3 ) OVER Five hundred --~,-~~~e~~t}~9~s~nd ~5 e 1 ~ 8 ;-0$0} cubic yards: Operations in which earth material fill AND/or excavation exceeds five hundred (500) cubic yards '-• may be al- lowed by a permit issued by the City Engineer after reviewing an application and supporting information submitted to the r •''" -- -~~-- ~-------~---`DEPARTMENT OF PUBLIC WORKS. The following information shall be submitted with the required application form: Site plan, prepared by a registered professional engineer, at a scale of no less than one (1) inch to twenty (20) feet, which illustrates the following: (a) Location and dimensions of all property boundaries and structures on the site. (b) Location and extent of areas to be filled AND/or excavated. (c) Location of existing waterways and drainage courses indicating any change. (For any site containing an established irrigation ditch, a letter of approval from the appropriate ditch company or agency is required.) Ordinance No. Page 3 Series of 1996 (d) Location of existing and proposed points of in- gress/egress. (e) Location and extent of existing vegetation, proposed changes in. such vegetation and including methods to rehabilitate the vegetation after filling. (f) A complete drainage report, grading and landscaping plan and report. (g) Plans for-wind and water erosion control during operations, and plans for rehabilitation and stabilization upon completion. (h) LOCATION OF INGRESS AND EGRESS ROADWAYS AND PROPOSED HAUL ROUTE(S). (i) A SCHEDULE SHOWING KEY DATES RELATING TO STARTUP OF OPERATIONS, COMPLETION OF OPERATIONS, BEGINNING AND COMPLETION OF REHABILITATION AND STABILIZATION OPERATIONS. (4) Performance standards: The following REQUIREMENTS ~~ ______= shall apply to all -.~--T= excavation and fill permits: (a) EXCAVATION AND FILL PERMITS ARE ISSUED UNDER THE PREMISE THAT EXCAVATION AND FILL WILL CONTINUE IN A CONTINUOUS MANNER ON THE SITE UNTIL OPERATIONS ARE COMPLETED. IN THE EVENT THERE IS A CESSATION IN OPERATIONS PRIOR TO COMPLETION OF THE EARTHWORK AUTHORIZED UNDER A PERMIT TBE FOLLOWING ACTIONS WILL BE TAKEN BY THS PERMITTEE: 1. FOR ALL WORK STOPPAGES GREATER THAN THREE (3) CONSECUTIVE DAYS, THE CITY ENGINEER IS TO BE NOTIFIED. 2. FOR WORK STOPPAGES OF LESS THAN FOURTEEN (14) DAYS, NO ADDITIONAL WORK IS REQUIRED. 3. FOR WORK STOPPAGES OF FOURTEEN (14) DAYS TO NOT MORE THAN THIRTY (30) DAYS, ALL MOUNDS OF EARTH, SLOPES AND IRREGULARITIES WILL B8 LEVELED, Ordinance No. Series of 1996 Page 4 TEMPORARY DRAINAGE WAYS CUT AND PROPER EROSION CONTROL IMPLEMENTED TO PREVENT MOVEMENT OF SOIL BY WIND AND WATER. 4. FOR WORK STOPPAGES IN EXCESS OF THIRTY (30) DAYS, THE SITE WILL BE LEVELED AND GRADED PER THE GRADING PLAN, DRAINAGE WAYS ESTABLISHED AND PROPER EROSION CONTROL MEASURES IMPLEMENTED IN ACCORDANCE WITH THE APPROVED GRADING, LANDSCAPING AND DRAINAGE PLAN. IN ADDITION, A GROUND COVER PLANT MATERIAL ACCEPTABLE TO THE CITY ENGINEER SHALL BE PLANTED. (b) WITHIN THIRTY (30) DAYS AFTER THE COMPLETION OF FILLING OR EXCAVATION OPERATIONS, REHABILITATION OF THE SITE SHALL HAVE BEEN COMPLETED IN ACCORDANCE WITH THE APPROVED GRADING, LANDSCAPING AND DRAINAGE PLANS. AS EXCAVATION AND FILL OPERATIONS IN PORTIONS OF THE SITE ARE COMPLETED, REHABILITATION WORK SHALL BE COMMENCED IN THOSE PORTIONS AND COMPLETED TO MINIMIZE THE AMOUNT OF EROSION. (c) THE LIFE OF AN EXCAVATION FILL PERMIT IS ONE (1) YEAR FROM DATE OF ISSUANCE. A ONE (1) YEAR EXTENSION MAY BE GRANTED BY THE CITY ENGINEER UNDER EXTENUATING CIRCUMSTANCES, IF REQUESTED 8Y THE PERMITTEE. (d) ACCEPTABLE FILL MATERIALS: EARTH MATERIALS INCLUDING SOIL, SILT, SAND, ROCK AND GRAVEL ARE ACCEPTABLE FILL MATERIALS. BROKEN CONCRETE, ASPHALT, BRICKS AND BLOCKS MAY BE APPROVED AS FILL MATERIAL BY THE CITY ENGINEER, PROVIDED THAT ALL EXPOSED REBAR AND WIRE MESH IS REMOVED FROM CONCRETE AND PROVIDED SUCH MATERIALS ARE COVERED BY AT LEAST TWO (2) FEET OF SOIL OVERBURDEN. IN NO INSTANCE SHALL ANY FILL MATERIAL BE ALLOWED WHICH HAS DECOMPOSABLE AND/OR HIGHLY COMPRESSIBLE OR EXPANSIVE MATTER INCORPORATED INTO THE FILL, OR WHICH COULD SE CONSIDERED AS JUNK, GARBAGE, DEBRIS, TRASH OR A HAZARDOIIS MATERIAL OR CONTAMINANT AS DEFINED IN WHEAT RIDGE CODE OF LAWS, SECTION 20-24. Ordinance No. Series of 1996 Page 5 ~a_... ,... ..u. Ind i.. ,,~ ~.. - - (C) £4aj-ems }aid€¢}} a~ RESOURCE ~~~ EXTRACTYON control (MINING AND QUARRY) operations: i~;_~-.--.--.~F`_'_'_ _^-RESOURCE extraction operations ••'~~^'~ ^ ^^•' ~•°^-`•- ther~eand-~00, 000-)--t~ie~s-may be allowed in any zone district only by special use permit requiring public hearings with the Planning Commission and City Council, following procedures and requirements as established in Section 26-6 (bB) . Such d~oo'~--ate extraction of earth, sand, gravel, rock, minerals, €+~e3eee eenerete-~~ for other similar resources, ands RELATED storage thereof, are subject to the following conditions. (In cases of .isolation or unusual characteristics of the. operation or the location thereof, partial waiver of these requirements may be made by City Council.) _r __"_c_ ___ pe~i-€-x~-~~~be €sst~ed €er a=pe~ied e€ €ime ~e€ €e e~eeeea ~e~}~~ea~ aid ma~~be rer~e~aed b~Eit~F-Cerxeei} ~~ (1) Application procedures. An application shall be made to the €}}aura€~g~nd deve}epment dep~ar-ttner~DSPARTMENT OF PLANNING AND DEVELOPMENT 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 with corresponding metes and bounds legal description. (b) Name and address of property owner(s) and lessee(s), both within the site and adjacent to the site's perimeter.- (c) Location and extent of areas to be filled and/or excavated. (d) Drainage plan and report, which identifies existing waterways and drainage courses, indicating any changes, existing grades and proposed finish grades, and method of maintaining historic drainage from the site, and methods for controlling erasion from both wind and water during operations and upon completion. (e) Location of existing and proposed points of ingress/egress. Ordinance No. Page 6 Series of .1996 (f) Location and extent of existing vegetation, and proposed changes in vegetation, including methods to rehabilitate the vegetation upon completion. (g) Location of residences, structures, utilities and roadways within one-quarter (1/4) mile°s distance of site in .question. (h) Location and type or perimeter fencing. (i) Location and surfacing of all roads both within and adjacent to the site to be used for haulage. (j) Location and character of proposed lighting on the site. (k) Schedule of operations, including completion date. (1) 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. (2) Performance standards: (a) Setback: Subject to maintaining a thirty-foot setback from all property lines. (b) Roads: Subject to operator(s) 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. (c) Fencing: The property containing the extractive operation -shall be enclosed by a V-mesh, cyclone, chainlink or other similar metal fence with a minimum height of seventy two (72) inches. Three (3) strands of barbed wire shall be placed above the metal fencing and canted to a 45 degree angle to the outside. At such time as the site has been rehabilitated in conformance with the requirements as contained herein, the fencing may be removed. (d) Erosion control: Provisions for control of wind and water erosion during operations shall be made and followed. Wind blown materials or sediment loads shall not be allowed to escape the site. Ordinance No. Page 7 Series of 1996 (e) Drainage: debris and/or contaminants shall not be- accumulated or discharged beyond the property line by any means of .transportation including natural drainage. The operation shall be conducted so that the excavated area will not permit water of a stagnated nature to collect ar remain. (f) Lighting: all exterior lighting shall be in com- pliance with Section 26-30(s). (g) Rehabilitation: all special permits shall contain provisions for rehabilitation of the property as near or closely as is practicable to its prior natural state or condition or in such state or condition as the City Council may approve. Rehabilitation of the site shall include replacement of topsoil which is spread evenly over the rehabilitated site to a depth comparable to that of adjoining areas. Property not ultimately used for lake purposes or structures, etc., shall be planted with trees, shrubs, grasses or similar ground cover to preclude erosion of the soil by either wind or water, AND SIICH PLANTINGS SI3ALL BE MAINTAINED. (3) Bond. To insure rehabilitation of the site as prescribed in subparagraph (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 ($5,000.00). (4) Insurance. Every operator, before commencing operations, shall be insured. to the extent of two hundred thousand dol- lars ($200,000.00) per person, five hundred thousand dollars ($500,000.00) 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, filter, etc., as much as possible to eliminate noise, Ordinance No. Page 8 Series of 1996 vibration, dust, etc., which are injurious or substantially annoying to persons living in the vicinity. (6) Hours of operation. All activities shall op- erate from 7:00 a.m. to 5:00 p.m. Operations shall not be permitted on Saturdays, Sundays or NATIONAL holidays. (7) The City of Wheat Ridge City Council specifically reserves the right to approve, approve with stipulations, or deny special use permits for mad-e-~}andf#}} an~~~.,.~~. RESOURCE EXTRACTION control operations based upon evaluation of the proposal relative to the criteria for review as set forth in Section 26-6(B)(3). Section 2: Severability If any clause, sentence; paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 3: Safety Clause The City Council hereby finds, determines and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge and under the laws of the State of Colorado, that it is promulgated for the health, safety and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative-object sought to be attained. Section 4: This ordinance shall take effect ten (10) days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of _ 199_, -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 1996, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to this day of 1996. SIGNED by the Mayor on this day of 1996. Ordinance No. Series of 1996 ATTEST: WANDA SANG, CITY CLERK B:\WP60\ORD\EXCFILL.ORD Page 9 DAN WILDE, MAYOR APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL PUBLIC HEARING SPEAKERS' LIST CASE NO: ZOA-96-3 DATE: July 18, 1996 REQUEST: A Public hearing will be held on a proposed amendment to the Wheat Ridge Code of Laws, Zoning Code, Section 26-33. Excavation and Deposit Control. From: Barb Cole io: Olen Otdley Date: SNOl95 Time: 1E:58:00 CMI FAX SiTBJECT: Nancy Snow Glen Gidley Paperof4 -._--_ -- Please review the agenda and fax any comments back to me at my home office-- 730-7204 or after Tuesday to 798-3566 (maul office). 1 would still like to tabulate worksheet results prior to the meeting. 1 had asked for them by Monday August 26th, 1996 bnt many may have forgotten... suggestions on how to proceed?? 1 will be working u>< Aspen on Wednesday but 1 will call in for messages o><• you can leave a message clo Randy Ready, Assistant City Manager ~ 970-920-5083 Best Regaads, Barb Cole To: Glen Gidley For Information Call: 303-730-3173 or 730-0397 Pages: 4 Created using WlnFax PRO 3.0 Delrtna TecMiology Inc. From :Barb Cole At: Community Matters, Inc. My Fax Number :303-730-7204 _ _ _ _ _ _ _. - - Ppge 2 of 4 -- - - Dete: 8118!88 Time: 18:58:32 From: Barb Cole To: Olen Oltlley I N C . CC: Bob Middaugh, City Administrator : _. Attached, please find a tentative agenda for the August 28, 1996, meeting of the Citizen Advisors Steering Committee. Agenda items are as agreed to at the last meeting. I have reviewed the City Council Resolution and find it most helpful in clarifying the roles and responsibilities of all participants. The following agenda is intended to develop and agree on a specific framework or "road map" of how the CASC will proceed with the task of updating the Comprehensive Plan. Our experience in developing over 20 comprehensive plans in the State suggests that if the CASC can first agree on "how" the CASC will proceed and "ho+nl' citizens can be meaningfully involved, the process of "what" gets updated in the plan will be more focused and relevant to the citizens of Wheat Ridge. If either of you think this is not necessary, please let me know, The agenda is specific in issues that committee members wished to have discussed at this next meeting. These are so noted. Once Nancy has approved the agenda, I would like Glen to send it out with the minutes as developed by James and attach a copy of the flow chart prepared Por the last meeting. Nancy, you may wish to add attachments and can contact Glen directly regarding any additional information you feel would be helpful. I am still slightly confused about how you would like me and others at CMI to assist the CASC and City of Wheat Ridge in this endeavor. Any clarification, particularly regarding my role as "facilitator" during the meetings would be most helpful. M M U N I T Y M A T T E R S, P L A N N I N G A N D C O M M U N I T Y D E V E L O P M E N T S P E C I A L I S T S DATE: Monday, August 19, 1996 TO: Nancy Snow, Chair and Glen Gidley, Planning Director FROM: Barb Cole, CMI RE: Tentative Agenda C Prom: Barb Cole To: Olen 6tlley Date: 8718186 Time: 18:48:02 Page 3 of 4 DRAFT AGENDA FOR CHAIR REVIEW PRIOR TO RELEASE Monday, August 19, 1996 ~ ~ ~ ~ woI[I~srsslo~T ~ IJPI}t~TI1'G THIi ll'lllit~T 1[II)Gli C(IhIPRI'sHl's\SI~'i's PI.t~\' August 28, 1996 WHEAT RIDGE CITY HALL Intent: 1. To review and affirm the different responsibilities and authorities of the Wheat Ridgo City Council, Planning Commission and staff based on Resolution passed by City Council and memos from Gerry Dahl, City Attorney. (Jean Fields} 2. To review the CASC Worksheet on the priorities, performance criteria and citizen participation components for the Plan's update based on last meeting's agreement on components to be included in the updated comprehensive plan. (CASC} 3. To discuss and agree on a process to complete the update of the Comprehensive Plan. (August 6th Agenda item) 4. To discuss and agree on how to proceed with Susan Seed's concept of a Chapter by Chapter review of the current plan. (Susan Seeds) 5. To discuss and choose a process to inform and involve citizens. (Tom Slattery, Clarence Degenhartj 7:00 - 7:1b PM. Agenda, Minutes and Consent Calendar • Welcome and Agenda Review....NancySvow, Chair • Acceptance of Minutes, Review and Affirmation of Decisions from Last Meeting....Nancy Snow, Chair • Neighborhood Planning Areas • Plan Components • Role of CMI • Role of CASC • City Council Resolution....Jean Fields, Wheat Ridge City Council 7:16 - 8:00 GASC Worksheet • Priorities (Vl/orksheet Question 1, page 2) • Questions to be Addressed (Worksheet Question 1, page 3) • Performance Criteria (Worksheet Question 1, page 5j • Public Involvement Process Ground Rules (Worksheet Question 2, page 6J • Methods to Involve the Citizens of Wheat Ridge (Worksheet Question 3, page 8} Community Mattars. Inc:., 1 ittlrton, Colorado 303.730.0797 From: Barb Coie To: Olen 6itlley Date: 8118/88 Time: 18:58:33 ~ Page 4 of4 DRAFT AGENDA FOR CHAIR REVIEW PRIOR TO RELEASE Monday, August 19, 1996 • Review, additions and recommendations regarding the Plan development process • Direction! Conclusions from the Steering Committee 8:00 -- 8:30 Road Map to Complete the Plan • CASC Review of Framework to Complete Plan (reference: CMl chart from August 6, 1996 meeting) • Review of Existing Plan by Component {reference; Susan Seed's concept from August 6, 1996 meeting) • Discussion /Decisions 8:30 Updates and Nezt Steps • UCD Studio Update.... Bob Eckhardt • Existing Land Use Update by CASC members...Glen Gidley • Agenda Items for next meeting...CASC • Other issues, concerns and opportunities Community Matters, Inc., I ittlcton, C,oioraAo 303.730.0397 ' HP Office7et Personal Printer/Fax/Copier Fax Log Report for DEVREVFAX 303 235 2857 Aug-19-96 04:45 PM Identification Result PaEes Type Date ime oration Dia ng ostic 92981265 OK 03 Sent Aug-19 04:44P 00:01:11 002481030022 ae.o MEMORANDUM ~oF WHEgT Pi ~ o c~ v m TO: Clty COUnCII From: Glen Gidley, Director of Planning & Development c o Re: Council Bill 43/Excavation & Deposit Control °toRAo Date: September 4, 1996 There were two comments by Council regarding Council Bill 43 on First Reading which- required follow-up on Second Reading. Councilmember Shaver was concerned that subsection (B)(4)(a)4. at the top of page 4, is too inflexible requiring planted ground cover, where cessation of work is temporary. The objective is erosion and weed control. This objective may be achieved through use of plant materials or by use of straw and fabric material. Hence, the last sentence could be revised to read as follows: "IN ADDITION, THE CITY ENGINEER MAY REQUIRE A GROUND COVER PLANT MATERIAL OR OTHER MEANS OF CONTROLLING WATER AND WIND EROSION AND WEED GROWTH". 2. Concern was expressed by several members regarding the issue of Special Use Permits for fill materials over 20,000 cubic yards. First, when this requirement was originally placed in this section, Special Use Permit procedures were substantially different than current procedures. Secondly, in most instances, the excavation and/or fill or earth materials relate to land development which has previously received some kind of formal approval, such as a subdivision, site plan or rezoning. It is also usually related to a building permit. The "policy" issues related to use and development have normally already been discussed in a public setting. Staff believes that such decisions are technical and ministerial, unless there is a major public policy issue to decide, such as mining and quarry operations. We believe that the additional provisions placed into the subsection (B) (such as the new subsection (d) regarding acceptable fill materials) provide adequate safeguards to preserve and protect the public interest. Should you have any additional questions regarding this legislative matter before the public hearing on September 23, please-give me or Bob Goebel a call. GEGsIw CSTY COUNCIL MSNUTES: SEPTEMBER 23, 1996 Page -3- Item 4. Council Bill 43 - An Ordinance amending Section 26.33 of the Code of Laws or the City of Wheat Ridge, related to excavation and deposit control. Council Bili 43 was introduced on second reading by Mr. Solano; title read by the Clerk; Ordinance No. 1046 assigned. Mr. Gidley presented the staff report. Bob Goebel was sworn in by the Mayor and answered questions. Motion by Mr. Solano for approval of Council Bill 43 as amended to include a revision to the last sentence of subsection (B) (4) (a) 4 to read, "!n addition, the City Engineer may require a ground cover plant material or other means of controlling water and wind erosion and weed growth"; seconded by Mr. Eafanti; failed 2-5 with Councilmembers Solano and Eafanti vdting yes. Motion by Mrs. Dalbec to suspend the Rules and hear Item 7 next because there are people present to speak; seconded by Mr. Eafanti; failed 5-2 with Mr. Solano and Mr. DiTullio voting no. (This needed a 6 vote majority to pass). Item 5. Council Bill-38 - An Ordinance amending the Code of Laws, Zoning Code, relating to the definition of Story. Council Bill 38 was introduced by Mr. Solano; title read by the Clerk; Ordinance No. 1046 assigned. Mr. Gidley presented the staff report. Motion by Mr. Solano for approval of Council Bill 38 (Ordinance 1046) with the Addition that building height shall be measured from the tallest point of the building to average grade; seconded by Mr. DiTullio; carried 6-1 with Mrs. Dalbec voting no. Item 6. Council Bill 44 - An Ordinance adopting a temporary moratorium on the acceptance, processing and issuance of building permits for the construction of mortuaries and crematories within a specifiied area of the City, and declaring an emergency. Council Bill 44 was introduced by Mrs. Dalbec, who also read the title. Motion by Mrs. Dalbec for approval of Council Bill 44 (Ordinance 1047); seconded by Mr. DiTullio; carried 7-0. _~ , _, ~~~ GAGAENDA ITEM RECAP X ,QUASI-JUDICIAL Yes No CITY ADM, MATTERS __ ELEC. OFFICIALS MATTERS _ pUaLlc xEARINGS - CITY ATTY. MATTERS x ORDINANCES FOR 1ST READING _ PROC. /CEREMONIES --LIQIIOR HEARINGS ORDINANCES FOR 2ND READING _ BIDS/MOTIONS - - __ RESOLUTIONS PUBLIC COMMENT _ INFORMATION ONLY AGENDA ITEM TITLE: Council Bill No., a proposal to amend the Zoning ordinance, Section 26-33 regarding Excavation & Deposit Control S~gy/RECOMMENDATION: Planning Commission held a public hearing on July 18, 1996 recommending approval of changes to the Excavation & Deposit Control secrooessestareZtreatedradministrativelyswhilermining excavation & fill P ecial Use Permit. operations receive a Sp BUDGETED ATTACHMENTS : ITEM 1) Gidley memo yes No 2) PC minutes 5/16 & 7/18 Fund 3? _ Dept/Acct # r Budgeted ~ouend.S Requested Exp Requires Transfer/ Supp. Appropriation Yes No SIIGGESTED MOTICUV: _ be a roved on first reading, ordered published, Se tember 23, 1996 at 7:00 p-m. in City I move that Council Bill PP take effect public hearing be set for Monday and if approved on second reading Council Chambers, Mun ub Pic Bion.~ 15 days after final p MEMORANDUM TO: City Council FROM~Gidley, Planning & Development Director RE: Case ZOA-96-3 /Proposed Council Bill to amend the Zoning Ord. Regarding Excavation & Deposit Control DATE: August 19,1996 At their meeting of July 18, 1996, the Planning Commission held a public hearing, and adopted a resolution referring the attached zoning ordinance amendment to Council, with a recommendation for approval. In summary, this proposes to amend the current provisions in the following way: 1. Distinguish between "excavation and fill" operations, which aze normally considered ministerial, engineering review issues, from "mining and quarry" operations, which are land use policy issues. Resource extraction (mining) would continue to require a Special Use Permit, whereas excavation and fill operations would be a ministerial review by Engineering. 2. Add informational requirements for larger excavation and fill operations so that the Engineering Division can ensure compliance with sound construction practices. 3. Add a better definition of "acceptable" fill material so that poor quality fill materials and trash or junk aze cleazly unacceptable. :~ INTRODUCED BY COUNCILMEMBER COUNCIL BILL NO. _ Ordinance No. Series of 1996 TITLE: AN ORDINANCE AMENDING SECTION 26.33 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, RELATED TO EXCAVATION AND DEPOSIT CONTROL BE IT ORDAINED BY THE CITY COIINCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1:. Section 26.33 of'the Code of Laws of the City of Wheat Ridge is hereby amended as follows: No deposit and/or extractive 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 utilization of property through deposit and/or extraction of soil, sand, gravel, rock, minerals and other similar resources. 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 PLAN REVIEW AND EXCAVATION AND/OR FILL PERMIT fees shall be in accordance with those fees established IN CHAPTER 5, SECTION 5-76 Any fill operation which 100-year floodplain shall Zoning Ordinance, Article is proposed for a parcel located within a additionally comply with the Flood Plain II of this Chapter. (B) M~e~ Excavation and Fill Permits: (1) One to fifty (1-50) cubic yards. No permit is required for dumping or excavation of earth materials which does not exceed fifty (50) cubic yards, provided, however, that any fill deposited is on natural terrain of less than three to one (3:1) , or such fill is less than three (3) feet in depth and is not intended to support permanent structures, and, in addition, such fill or excavation does not obstruct or otherwise adversely affect any drainageway. Should any of the above standards be exceeded or a drainageway be affected, a permit as required in Subsection (B)(2) below shall be required. (2) Fifty-one to five hundred (51-500) cubic yards. FILL AND/or excavation of earth materials not exceeding five hundred (500) cubic yards may be allowed with a permit Ordinance No. - Page 2 Series_of 1996 approved by the City Engineer. Application shall be made to the psb•~ic~i~a~)es-~apa~t meet DEPARTMENT OF PUBLIC WORKS on the appropriate form and shall be accompanied by the appropriate fee. A sketch plan indicating the following information shall also be submitted. (a) Location and dimensions of all property boundaries and structures on the site. (b) Location-and- extent of areas to be filled or exca- vated. (c) Location of existing and proposed drainageways, irrigation ditches, etc., and indication of how and where historic runoff PATTERNS will be maintained on site. (d) Cross-sections of the area to be filled or excavated, indicating original slope, new slope and depth of fill and/or cut. (e) Statement which indicates the proposed use or purpose for THE saw fill or excavation. (3) OVER Five hundred _a ~-- ~-----~~--- -~--••-- a ~ cubic yards: Operations in which earth material fill AND/or excavation exceeds five hundred (500) cubic yards '~~~~ may be al- lowed by a permit issued by the City .Engineer after reviewing an application and supporting information submitted to the pab}¢e -~~~ a----_--~-_-DEPARTMENT OF PUBLIC WORKS. The following information shall be submitted with the required application form: Site plan, prepared by a registered professional engineer, at a scale of no less than one (1) inch to twenty (20) feet, which illustrates the following: (a) Location and dimensions of all property boundaries and structures on the site. (b) Location and extent of areas to be filled AND/or excavated. (c) Location of existing waterways and drainage courses indicating any change. (For any site containing an established irrigation ditch, a letter of approval from the appropriate ditch company or agency is required.) Ordinance No. _ _ Series of 1996 -Page 3 (d) Location of existing and proposed points of -in- gress/egress. (e) Location and extent of existing vegetation, proposed changes in such vegetation and including methods to rehabilitate the vegetation after filling. (f) A complete drainage report, grading and landscaping plan and report. (g) Plans for wind and water erosion control during operations, and plans for rehabilitation and stabilization upon completion. (h) LOCATION OF INGRESS AND EGRESS ROADWAYS AND PROPOSED HAUL ROUTE(S). (i) A SCHEDULE SHOWING REY DATES RELATING TO STARTUP OF OPERATIONS, COMPLETION OF OPERATIONS, BEGINNING AND COMPLETION OF REHABILITATION AND STABILIZATION OPERATIONS. (4) Performance standards: The following REQUIREMENTS g~e- s shall apply to all excavation and fill permits: (a) EXCAVATION AND FILL PERMITS ARE ISSUED UNDER THE PREMISE THAT EXCAVATION AND FILL WILL CONTINUE IN A CONTINUOUS MANNER ON THE SITE UNTIL OPERATIONS ARE COMPLETED. IN THE EVENT THERE IS A CESSATION IN OPERATIONS PRIOR TO COMPLETION OF THE EARTHWORK AUTHORIZED UNDER A PERMIT THE FOLLOWING ACTIONS WILL BE TAKEN BY THE PERMITTEE: 1. FOR ALL WORK STOPPAGES GREATER THAN THREE (3) CONSECUTIVE DAYS,. THE CITY ENGINEER IS TO BE NOTIFIED. 2. FOR WORK STOPPAGES OF LESS THAN FOURTEEN (14) DAYS, NO ADDITIONAL WORK IS REQUIRED. 3. FOR WORK STOPPAGES OF FOURTEEN (14) DAYS TO NOT MORE THAN THIRTY (30) DAYS, ALL MOUNDS OF EARTH, SLOPES AND IRREGULARITIES WILL BE LEVELED, Ordinance No. Series of 1996 TEMPORARY DRAINAGE CONTROL IMPLEMENTE] BY WIND AND WATER. Page 4 WAYS CUT AND PROPER EROSION TO PREVENT MOVEMENT OF SOIL 4. FOR WORK STOPPAGES IN EXCESS OF THIRTY (30) DAYS, TH'E SITE WILL BE LEVELED AND GRADED PER THE GRADING PLAN, DRAINAGE WAYS ESTABLISHED AND PROPER EROSION CONTROL MEASIIRES IMPLEMENTED IN ACCORDANCE WITH THE APPROVED GRADING, LANDSCAPING AND DRAINAGE PLAN. IN ADDITION, A GROUND COVER PLANT MATERIAL ACCEPTABLE TO THE CITY ENGINEER SHALL BE PLANTED. P~ee~~ when e~e~sed-b~~~~E}~~E~g}seer. Fe~~he ~a~~ese e€ €his-bee€re~r,--€~e--der-a~~ebr}s" ~'~-~'~~e (b) WITHIN THIRTY (30) DAYS AFTER THE COMPLETION OF FILLING OR EXCAVATION OPERATIONS, REHABILITATION OF THE SITE SHALL HAVE BEEN COMPLETED IN ACCORDANCE WITH THS APPROVED GRADING, LANDSCAPING AND DRAINAGE PLANS. AS EXCAVATION AND FILL OPERATIONS IN PORTIONS OF THE SITE ARE COMPLETED, REHABILITATION WORK SHALL BE COMMENCED IN THOSE PORTIONS AND COMPLETED TO MINIMIZE THE AMOIINC OF EROSION. (c) THE LIFE OF AN EXCAVATION FILL PERMIT IS ONE (1,) YEAR FROM DATE OF ISSIIANCE. A ONE (1) YEAR EXTENSION MAY BE GRANTED BY THE CITY ENGINEER IINDSR EXTENUATYNG CIRCIIMSTANCES, IF REQUESTED BY THE PERMITTEE. (d) ACCEPTABLE FILL MATERIALS: EARTH MATERIALS INCLUDING SOIL, SILT, SAND, ROCK AND GRAVEL ARE ACCEPTABLE FILL MATERIALS. BROKEN CONCRETE, ASPHALT, BRICKS AND BLOCKS MAY BE APPROVED AS FILL MATERIAL BY THE CITY ENGINEER, PROVIDED THAT ALL EXPOSED REBAR AND WIRE MESH YS REMOVED FROM CONCRETE AND PROVIDED SIICH MATERIALS ARE COVERED BY AT LEAST TWO (2) FEET OF SOIL OVERBURDEN. IN NO INSTANCE SHALL ANY FILL MATERIAL BE ALLOWED WHICH HAS DECOMPOSABLE AND/OR HIGHLY COMPRESSIBLE OR EXPANSIVE MATTER INCORPORATED INTO THE FYLL, OR WHICH COIILD BE CONSIDERED AS JUNK, GARBAGE, DEBRIS, TRASH OR A HAZARDOIIS MATERIAL OR CONTAMINANT AS DEFINED IN WHEAT RIDGE CODE OF LAWS, SECTION 20-24. Ordinance No. Series of 1996 Page 5 _ T5)-TLim}t e~-pe~miteT~n .._~ ..w_„ __, __, ~, ~ w ,.. (C) }~4c't~-ems }~~f}}}~~ RESOURCE ~ EXTRACTION control (MINING AND QUARRY) operations: ~a~i~g~ ,RESOURCE extraction operations `'' "'' ""'' `"""'`" L, .~ l ~ n n n n l L.: ,, a. e- ~Q~~, vvo~ ea.o=~~a=a.. may be allowed in any zone district only by special .use permit requiring public hearings with the Planning Commission and City Council, following procedures and requirements as established in Section 26-6 {~B) . Such a.~~,r extraction of earth, sand, gravel, rock, minerals, brak~__ ~~xere~~= for other similar resources, ands RELATED storage thereof, are subject to the following conditions. (In cases of .isolation or unusual characteristics of the operation or the location thereof, partial waiver of these requirements may be made by City Council.) " ____'_~~ •--_ i- !- .~.« .-r4 _ (1) Application procedures. An application shall be made to the DEPARTMENT OF PLANNING AND DEVELOPMENT 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 with corresponding metes and bounds legal description. (b) Name and address of property owner(s) and lessee(s), both within the site and adjacent to the site`s perimeter. (c) Location and extent of areas to be filled and/or excavated. (d) Drainage plan and report, which identifies existing waterways and drainage courses, indicating any changes, existing grades and proposed finish grades, and method of maintaining historic drainage from the site, and methods for controlling erosion from both wind and water during operations and upon completion. (e) Location of existing and proposed points of ingress/egress. Ordinance No. Page_ 6 Series of 1996 (f) Location and extent of existing vegetation, and proposed changes in vegetation, including methods to rehabilitate the vegetation upon completion. (g} Location of residences, .structures, utilities and roadways within one-quarter (1/4) mile's distance of site in question. (h) Location and type or perimeter fencing. (i) Location and surfacing of all roads both within and adjacent to the site to be used for haulage. (j) Location and character of proposed lighting on the site. (k) Schedule of operations, including completion date. (1) 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. (2) Performance standards: (a) Setback: Subject to maintaining a thirty-foot setback from all property lines. (b) Roads: Subject to operator(s) 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. (c) Fencing: The property containing the extractive operation shall be enclosed by a V-mesh, cyclone, chainlink or other similar metal fence with a minimum height of seventy two (72) inches. Three (3) strands of barbed wire shall be placed above the metal fencing and canted to a 45 degree angle to the outside. At such time as the site has been rehabilitated in conformance with the requirements as contained herein, the fencing may be removed. (d) Erosion control: Provisions for control of wind and water erosion during operations shall be made and followed. Wind blown materials or sediment loads shall not be allowed to escape the site. Ordinance No. Page 7 Series of 1996 (e) Drainage: debris and/or contaminants shall not be accumulated or discharged beyond the property line by any means of transportation including natural drainage. The operation shall be conducted so that the excavated area will not .permit water of a stagnated nature to collect or rcmain. (f) Lighting: all exterior lighting shall be in _com- pliance with Section 26-30(s). (g) Rehabilitation: all special permits shall contain provisions for rehabilitation of the property as near or closely as is practicable to its prior natural state or condition or in such state or condition as the City Council may approve. Rehabilitation of -the site shall include replacement of topsoil which is spread evenly over the rehabilitated site to a depth comparable to that of adjoining areas. Property not ultimately used for lake purposes or structures, etc., shall be planted with trees, shrubs, grasses or similar ground cover to preclude erosion of the soil by either wind or water, AND SIICH PLANTINGS SHALL BE MAINTAINED. (h) SLOPE: WHERE A RESOURCE EXCAVATION OPERATION IS PLANNED TO RESULT IN A WATER RESERVOIR OR LAKE, ALL BANKS SHALL BE GRADED OR BACK FILLED AT A 5:1 SLOPE, FROM TOP OF BANK TO A POINT NO LESS THAN TEN (10) FEET BELOW ESTIMATED AVERAGE WATER SURFACE ELEVATIONS, AS DETERMINED BY THS APPROVED REHABILITATION PLAN. (3) Bond. To insure rehabilitation of the site as prescribed in subparagraph (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 ($5,000.00). (4) Insurance. Every operator, before commencing operations, shall be insured to the extent of two hundred thousand dol- lars ($200,000.00) per person, five hundred thousand dollars ($500,000.00) 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 Ordinance No. - -- Page 8 Series of 1996 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, filter, 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 op- erate from 7:00 a.m. to 5:00 p.m. Operations shall not be permitted on Saturdays, Sundays or NATIONAL holidays. (7) The City of Wheat Ridge City Council specifically reserves the right to approve, approve with stipulations, or deny special use permits for RESOURCE EXTRACTION control operations based upon evaluation of the proposal relative to the criteria for review as set forth in Section 26-6(B)(3). Section 2: Severabilitv. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 3: Safety Clause. The City Council hereby finds, determines and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge and under the.. laws of the State of Colorado, .that it is promulgated for the health, safety and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. - Section 4: _ This ordinance shall take effect .ten (10) days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 199 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 1996, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to this day of 1996. SIGNED by the Mayor on this day of 1996. Ordinance No. _ Series of 1996 DAN WILDE, MAYOR ATTEST: WANDA SANG, CITY CLERK --- APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL B:\WP60\ORD\EXCFILL.ORD ~x. a `r Page 9 _- _ Planning Commission Minutes July 18, 1996 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA Page 2 Commissioner WILLIAMS to approve the order of the agen Mr. Gidley stated that regarding item #1, applicant had w' hdrawn Case No. MA-96-4; regarding item #3, applicant .had withdrawn Case No. SUP-96-3; and item #4, applicant has requested continuance to September 5, 1996.- Mr. Gidley had several ite he requested be added to the agenda under No. 9, Old Business including 38th/Kipling discussion. Additionally, he had n item for discussion under No. 10., New Business regard' g an upcoming traffic seminar which would be available to mmission members; status report .regarding Planning Commission and City Council meetings, plus several department reports. Commissioner CERVENY stated he requested the addition of a rep rt on the recent CML Conference-under No. 10, New Business. s. Thompson requested discussion of motion making. Chairper n LANGDON suggested that topic be added to No. li Discussion d Decision Items. With those additions, Commissioner E seconded the motion. Motion carried 6-0. 5. APPROVAL OF MINIITES Commissioner ECKHARDT moved to approve the minutes for the meeting of June 20, 1996 as p inted. Commissioner WILLIAMS seconded the motion. Commi Toner CERVENY stated that he had a question regarding the min es on Page 7. He suggested that changes be made to Commis Toner RASPLICKA'S motion which would make it more clear. Wi those changes, Commissioner WILLIAMS seconded the motion. otion carried 4-0, with Commissioners CERVENY and LANGDON a staining. 6. PUBLIC FORIIM his is the time for anyone to speak on any 7. PUBL HEARING subject not pearing under Item 7 of the Public Hearing section of he agenda.) No one had si ed the roster, nor came forward to speak at that time. 1. Case No. MS-96-4: An application by Richard Carpenter for Michael Lynch for approval of a two-lot minor subdivision with variances. Said property is located at 3707 and 3711 High Court. s case was withdrawn by the applicant, Mr. Richard Carpenter. ~'/~~ 2. Case No. ZOA-96-3: A Public Hearing will be held on a proposed amendment to the Wheat Ridge Code of Laws, Planning Commission Minutes Page 3 July 18, 1996 -- Zoning Code, Section 26-33. Excavation and Deposit Control.. (This case continued from 05-16-96.) Mr. Gidley went over his cover memo and the attached proposed• ordinance, explaining proposed changes. Commissioner THOMPSON asked if regulations exist which specify the slope of lake banks? Mr. Gidley stated there was no such regulation. However, he explained if it was a mining and/or quarry operation, there is a requirement by State law that a rehabilitation plan be filed with the State. He added that the.rehabilitation plan can require an amendment to the slopes, based upon its' potential use. For example, if it was at some point going to be open to public use, there would be a rehab plan that would come to Commission as a Special Use Permit, then go before City Council. That plan could require reconstruction and mitigation of the slopes, making it less hazardous. Mr. Gidley explained how a private water resource (reservoir) not open to the public, would differ and could be a mitigating circumstance. Commissioner THOMPSON stated that lakes within the City all become open to the public at some point.- She elaborated. Ms. Thompson asked if there was a percentage of concrete and/or asphalt fill that can be incorporated? Mr. Gidley stated there was no allowable percentage; it could be 100 percent. The voids would be filled with soil and rolled. He - added that this would not be allowed for structural purposes. Commissioner THOMPSON stated her concern that large amounts of asphalt could be used, even though some consider it a hazardous material. Mr. Gidley answered that he had discussed that very topic with the City Engineer and the asphalt must go somewhere. He noted it is not considered hazardous material. Commissioner RASPLICKA stated he had read a couple of places that - it is considered a hazardous material. Mr. Gidley stated asphalt is not classified a hazardous material for the purpose of fill. Commissioner ECKHARDT suggested to Mr. Gidley that the section dealing with "exposed rebar and wire mesh be removed" be expanded to include all types of wire and broken glass. Planning Commission Minutes Page 4 July 18, 1996 Mr. Gidley stated all glass would be excluded because it is considered trash. Wire by itself, would be considered trash as well, he added. Mr. Gidley stated that in order to address Commissioner THOMPSON's concern it was possible to add, under the section regarding rehabilitation, an additional sentence could be added - "banks of lakes or steep cuts shall be determined for safety in a rehabilitation plan". Commissioner CERVENY suggested an addition section be added. Mr. Gidley stated he would draft a new Subsection (H) which would relate to steep lake banks and the requirement to rehabilitate same to minimum meet safety provisions. Commissioner ECKHARDT recommended the proposed subsection indicate the maximum allowed grade ratio, such as 1 to 5, etc. Discussion followed. Commissioner THOMPSON stated she felt the City should put in place some-type of regulation, since Wheat Ridge has historically become the owner of the lake. Commissioner CERVENY asked if the proposed subsection is added, would the banks of Clear Creek would have to be rehabilitated? Mr. Gidley stated the subsection would pertain to rehabilitation following excavation. Commissioner ECKHARDT moved that a new subsection (H) (page 7) concerning rehabilitation of steep lake banks be added the proposed ordinance prior to forwarding it to City Council with a recommendation for approval. Commissioner RASPLICKA seconded the motion. Motion carried 6-0. 3. Case No SUP-96-3: An application by Pacifica Holding Company for approval of a special-use permit to place more than 20,000 cubic yards of fill dirt on property located at 9505 West I-70 Frontage Road North. This case was withdrawn by the applicant, Pacifica Holding Company. 4. Case No WA-96-26: An application by John Medved for approval of a master sign plan with variances for property located at 11001 and 11201 West I-70 Frontage Road North. CASE N0: CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION ZOA-96-3 LOCATION: City-wide APPLICANT(S) NAME: City of Wheat Ridge OWNERS} NAME: n/a REQUEST: Proposed amendment to the Wheat Ridge code of Laws, Zoning Code, Section 26-33. Excavation and Deposit Control. APPROXIMATE AREA: n/a WHEREAS, the City of Wheat Ridge Planning Division has submitted a list of factors to be considered with the above request, and said list of factors is attached hereto and incorporated herein by reference, and made a past hereof; and WHEREAS, there was testimony received at a public hearing by the Planning Commission and such testimony provided additional facts. NOW, THEREFORE, based upon the facts presented and conclusions reached, it was moved by Commissioner ECKHARDT, seconded by Commissioner RASPLICKA, that_Case No. ZOA-96-3, a proposed amendment to the Wheat Ridge Code of Laws, Zoning Code, Section 26-33. Excavation and Deposit Control be forwarded to City Council for their consideration with the following condition: 1. Mr. Gidley draft a new subsection (H) (page 7) concerning rehabilitation of steep lake banks and insert into the document ~~ prior to forwarding the proposed ordinance to City Council. -~.` VOTE: YES: Eckhardt, Williams, Griffith, Rasplicka, Cerveny, Langdon and Thompson N0: None I, Sandra Wiggins, Secretary to the City of Wheat Ridge Planning Commission, do hereby and herewith certify that the foregoing Resolution was duly adopted by a 7 - 0 vote of the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 18th day of Suly, 1996. c:\wp60\pc\zoa963.res airperson ~anczr COMMISSION WHEAT ~ ' ns, 5 taxy 4 PLANK COMMISSION 041596 INTRODUCED BY COUNCILMEMBER COUNCIL BILL NO. Ordinance No. Series of 1996 spy TITLE: AN ORDINANCE AMENDING SECTION 26.33 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, RELATED TO EXCAVATION AND DEPOSIT CONTROL BE IT ORDAINED BI' THE CITY COUNCIL OF_THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1: _Section 26.33 of the Code of Laws of the City of Wheat Ridge is hereby amended as follows: No deposit and/or extractive 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 utilization of property through deposit and/or extraction of soil, sand, gravel, rock, minerals and other similar resources. However, a primary intent and pur- pose 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 adja- cent properties, etc., which may be created by such operations. All PLAN REVIEW AND EXCAVATION AND/OR FILL PERMIT fees shall be in accordance with those fees established IN CHAPTER 5, SECTION 5-76 by-the-Hxi€orm-Bxi}ding-Eede- Any fill operation which is proposed for a parcel located within a 100-year floodplain shall additionally comply with the Flood Plain Zoning Ordinance, Article II of this Chapter. (B) Mixer Excavation and Fill Permits: ~-p Q~~. (1) One to fifty (1-50) cubic y~rds. No permit is required for dumping or excavation of materials which does not exceed fifty (50) cubic yards, provided, however, that any fill deposited is on natural terrain of less than three to one (3:1) , or such fill is less than three (3) feet in depth and is not intended to support permanent structures, and, in addition, such fill or excavation does not obstruct or otherwise adversely affect any drainageway. Should any of the above standards be exceeded or a drainageway be affected, a permit as required in Subsection (B)(2) below shall be required. (2) Fifty-one to five hundred (51-500) cubic yards. Dt~txp$agFILL AND/or excavation of earth materials not exceed- ing five hundred (500) cubic yards may be allowed with a permit approved by the City Engineer. Application shall be made to the pxblie-ivor~s-spar-t--mead. DEPARTMENT OF PUBLIC WORKS on the appropriate form and shall be .accompanied by the appropriate fee. A sketch plan indicating the following information shall also be submitted. (a) Location and dimensions of all property boundaries and structures on the site. (b) Location and extent of areas to be filled or exca- vated. (c) Location of existing and proposed drainageways, irrigation ditches, etc., and indication of how and where historic runoff PATTERNS will be maintained on site. (d} Cross-section of area to be filled or ex- cavated, indicating original slope, new slope and depth of fill. (e) Statement which indicates the proposed use or pur- pose for THE said fill or excavation. (3) OVER Five hundred and-or~e~-o t~tt~r_theusand-{5g}_PB-g0B}- cubic yards: Operations in which earth material fill AND/or excavation exceeds five hundred (500) cubic yards -but-lees xet-e3ceeed--t-wer~ty-tkexsaxd--(~~O;~p{7-0~-~.~yo-yards may be al- lowed by a permit issued by the City Engineer after reviewing an application and supporting information submitted to the p;xlrli~-wprl~s-degart~xentDEPARTMENT OF PUBLIC WORKS. The fol- lowing information shall be submitted with the required application form: Site plan, prepared by a registered professional engineer, at a scale of no less than one (1) inch to twenty (20) feet, which illustrates the following: (a) Location and dimensions of all property boundaries and structures on the site. (b) Location and extent of areas to be filled AND/or excavated. (c) Location of existing waterways and drainage courses indicating any change. (For any site containing an established irrigation ditch, a letter of approval from the appropriate ditch company or agency is required.) (d) Location of existing and proposed points of in- gress/egress. (e) Location and extent of existing vegetation, pro- posed changes in such vegetation and including methods to rehabilitate the vegetation after filling. 2 (f) A complete drainage and grading plan and report, if required, at the discretion of the city engineer. (g) Plans for wind and water erosion control during operations, and plans for rehabilitation and stabiliza- tion upon completion. (H) LOCATION OF INGRESS AND EGRESS ROADWAYS. (I) A SCHEDULE SHOWING REY DATES RELATING TO STARTUP OF OPERATIONS, COMPLETION OF OPERATIONS, BEGINNING AND COMPLETION OF REHABILITATION AND STABILIZATION OPERATIONS. (4) Performance standards: The following REQUIREMENTS -pre- vis}ens shall apply to all miner excavation and fill permits: (a) Rehabilitation: within thirty (30) days after the cessation of filling or excavation, rehabilitation of the site shall have been completed in accordance with the approved plans. Rehabilitation shall consist of acceptable leveling, grading, landscaping or any combi- nation thereof to minimize potential erosion. .L]~1 nrrirr ' ~i ~c~nidini~,~S~t7'c-i9e {5}--{L3m3~--<m--~r~trtg.-]---Ire--Rio--e~rent---s-1~-1-1 --a--single proper€y- -r-ec.~ive - aeeumulat3ae- -per-mrts - in- -excess - of- -twenty thot~saxd-{20,-000}-eubre ~,.ar~}g.__~i-t~ri~-any-eonseet~tive-Ewelve- month-period;-except-as-provided-xader-paragrapk-{E}-below: Exit ~" (C) A4ajor---land€rll-arid- RESOURC - control (MINING AND QUARRY) operations: Bum}}iitg-,--lanc}f-rl'~-andfor-RESOURCE extraction operations wkieh-exceed-twenty-thetrsaad-{28,999}-exbie-yards- may be allowed in any zone district only by special use permit re- quiring public hearings with the Planning Commission and City Council, following procedures and requirements as established in Section_ 26-6(bB). Such depcrs-it--ar extraction of earth, sand, gravel, rock, minerals, brol~er3-concrete--o-r---broken-asphalt - or other similar resources, and{er RELATED storage thereof, are subject to the following conditions. (In cases of isolation or unusual characteristics of the. operation or the location thereof, partial waiver of these requirements may be made by City Council.) A speeia}-~.~-permit-may--be-3sst~ed- fir--a-~per3od--of--time-3~rot -te exceed- -one- - { ~ } - ~ca-r- -and--may - be- -renewed - lry- -City - ~txx~i 1- -t~pen written-rec~nest- . (1) Application procedures. An application shall be made to the g~annrng--axd--de~e3opme-nt-----departmeatDEPARTMENT OF PLANNING AND DEVELOPMENT 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 with corresponding metes and bounds legal description. (b) Name and address of property owner(s) and lessee(s), both within the site and adjacent to the site's perimet- er. (c) Location and extent of areas to be filled and/or excavated. (d) Drainage plan and report, which identifies existing waterways and drainage courses, indicating any changes, existing grades and proposed finish grades, and method of maintaining historic drainage from the site, and methods for controlling erosion from both wind and water during operations and upon completion. (e) Location of existing and proposed points of ingress/egress. (f) Location and extent of existing. vegetation, and proposed changes in vegetation, including methods to rehabilitate the vegetation upon completion. (g) Location of residences, structures, utilities .and roadways within one-quarter (1/4) mile's distance of 'site in question. (h) Location and type or perimeter fencing. (i) Location and surfacing of all roads both within and adjacent to the site to be used for haulage. (j) Location and character of proposed lighting on the site. (k) Schedule of operations, including completion date. (1) 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 appro- vals. (2) Performance standards: (a) Setback: Subject to maintaining a thirty-foot set- back from all property lines.. (b) Roads: Subject to operator(s) maintaining all hau- lage roads used in connection with this operation, under their control or ownership, as much as possible in a 4 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. (c) Fencing: The property containing the extractive operation shall be enclosed by a V-mesh, cyclone, chainlink or other similar metal fence with a minimum height of seventy two (72) inches. Three (3) strands of barbed wire shall be placed above the metal fencing and canted to a 45 degree angle to the outside. At such time as the site has been rehabilitated in conformance with the requirements as contained herein, the fencing may be removed. (d) Erosion control: Provisions for control of wind and water erosion during operations shall be made and followed. Wind blown materials or sediment loads shall not be allowed to escape the site. (e) Drainage: debris and/or contaminants shall not be accumulated or discharged beyond the property line by any means of transportation including natural drainage. The operation shall be conducted so that the excavated area will not permit water of a stagnated nature to collect or remain_ (f) Lighting: all exterior lighting shall be in com- pliance with Section 26-30(s). (g) Rehabilitation: all special permits shall contain provisions for rehabilitation of the property as near or closely as is practicable to its prior natural state or condition or in such state or condition as the City Council may approve. Rehabilitation of the site .shall include replacement of topsoil which is spread evenly over the rehabilitated site to a depth comparable to that of adjoining areas. Property not ultimately used for lake purposes or structures, etc., shall be planted with trees, shrubs, grasses or similar ground cover t_o n prec de erosion of he soil by eit er v~ind or water WNii pL ~/`Q ~ryti4R.I+i' . (3) Bond. To insure ehabilitation of the site as prescribed in subparagraph (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 {$5,000.00). (4) Insurance. Every operator, before commencing operations, shall be insured to the extent of two hundred thousand dol- 5 lars ($200,000.00) per person, five hundred thousand dollars ($500.,000.001 per occurrence against liability -arising from production, activities or operations incidental thereto conducted or carried on under or by virtue of any law, reso- lution 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, filter, 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 op- erate from 7:00 a. m. to 5:00 p.m. Operations shall not be permitted on Saturdays, Sundays or NATIONAL holidays. (7) The City of Wheat Ridge City Council specifically re- serves the right to approve, approve with stipulations, or deny special use permits for ma}or-3and€333-~rx}-exeavatiaa- RESOURCE EXTRACTION control operations based upon evaluation of the proposal relative to the criteria for review as set forth in Section 26-6(B)(3). Section 2: Severabilitv I_f any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 3: Safety Clause. The City Council hereby finds, determines and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge and under the laws of the State of Colorado, that it is promulgated for the health, safety and welfare of the public, and that this ordinance.-is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained .- --- Section 4: This ordinance shall take effect ten (10) days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of ,- 199.,_ _ 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 1996, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED _ on second and final reading by a vote of to this day of , 1996: SIGNED by the Mayor on this day of , 1996. DAN WILDE, MAYOR ATTEST: WANDA SANG, CITY CLERK APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL 7 INTRODUCED BY COUNCILMEMBER COUNCIL BILL NO. Ordinance No. Series of 1996 TITLE: AN ORDINANCE AMENDING SECTION 26.33 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, RELATED TO EXCAVATION AND DEPOSIT CONTROL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1: .Section 26.33 of the Code of Laws of the City of Wheat Ridge is hereby amended as follows: No deposit and/or extractive 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 utilization of property through deposit and/or extraction of soil, sand, gravel, rock, minerals and other similar resources. 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 PLAN REVIEW AND EXCAVATION AND/OR FILL PERMIT fees shall be in accordance with those fees established IN CHAPTER 5, SECTION 5-76 qtr t~ ~ T'-' ~~ ' ~_a__' _ -J Any fill operation which is proposed for a parcel located within a 100-year floodplain shall additionally comply with the Flood Plain Zoning Ordinance, Article II of this Chapter. (B) M~~ Excavation and Fill Permits: (1) One to fifty (1-50) cubic yards. No permit is required for dumping or excavation of earth materials which does not exceed fifty (50) cubic yards, provided, however, that any fill deposited is on natural terrain of less than three to one (3 :1) , or such fill is less than three (3) feet in depth and is not intended to support permanent structures, and, in addition, such fill or excavation does not obstruct or otherwise adversely affect any drainageway. Should any of the above standards be exceeded or a drainageway be affected, a permit as required in Subsection (B)(2) below shall be required. (2) Fifty-one to five hundred (51-500) cubic yards. FILL AND/or excavation of earth materials not exceeding five hundred (500) cubic yards may be allowed with a permit approved by the City Engineer. Application shall be made to the £x~~e-we~~es~pa~t m~ DEPARTMENT OF PUBLIC WORKS on the appropriate form and shall be accompanied by the appropriate fee. A sketch plan indicating the following information shall also be submitted. (a) Location and dimensions of all property boundaries and structures on the site. (b) Location and extent of areas to be filled or exca- vated. (c) Location of existing and proposed drainageways, irrigation ditches, etc.-, and indication of how and where historic runoff PATTERNS will-be maintained on site. (d) Cross-sections of~rea to be filled or excavated, indicating original slope, new slope and depth of f i 11 ~~. ~aT ti--~'' (e) Statement which indicates the proposed use or purpose for THE stz-i~ fill or excavation. (3) OVER Five hundred a~~ ~,m~-r Y ~. .a ~ cubic yards: Operations in which earth material fill AND/or excavation exceeds five hundred (500) cubic yards '-•~~~ may be al- lowed by a permit issued by the City Engineer after reviewing an application and supporting information submitted to the < •`' ' ~ ~ a.,„_._~___`DEPARTMENT OF PUBLIC WORKS. The following information shall be submitted with the required application form: Site plan, prepared by a registered professional engineer, at a scale of no less than one (1) inch to twenty (20) feet, which illustrates the following: (a) Location and dimensions of all property boundaries and structures on the site. (b) Location and extent of areas to be filled AND/or excavated. (c) Location of existing waterways and drainage courses indicating any change. (For any site containing an established irrigation ditch, a letter of approval from the appropriate ditch company or agency is ~~~~~~ required.) 2 (d) Location of existing and proposed points of in- gress/egress. (e) Location and extent of existing vegetation, proposed changes in such vegetation and including methods to rehabilitate the vegetation after filling. (f) A complete drainage arx}~grading; plan and report,~f rte. a. _~, P " " r~=oi`*-i^ -- ' * - r. (g) Plans for wind and water erosion control during operations, and plans for rehabilitation and stabilization upon completion. (S~) LOCATIO OF INGRESS AND EGRESS ROADWAYS .q ,~ ® r~y,.mj%~L'! f~~ 1 ~t1~S . (k) A SCHEDULE SHOWING REY DATES RELATING TO STARTUP OF OPERATIONS, COMPLETION OF OPERATIONS, BEGINNING AND COMPLETION OF REHABILITATION AND STABILIZATION OPERATIONS. (4) Performance standards: The following REQUIREMENTS ~e- g shall apply to all ~^_„-.-..= excavation and fill permits: (a) Rehabilitation: Within thirty (30) days after the cessation of filling or excavation, rehabilitation of the site shall have been completed in accordance with the approved plans. Rehabilitation shall consist of acceptable leveling, grading, landscaping or any combination thereof to minimize potential erosion. ~. a....,.....4. ...v __ __- ~ _ ACCEPTABLE FILL MATERIALS: EARgH MATERIALS INCLUDING SOIL, SILT, SAND, ROCK AND GRAVEL ARE ACCEPTABLE FILL MATERIALS. BROKEN CONCRETE, ASPHALT, BRICKS AND BLOCKS MAY BE APPROVED AS FILL MATERIAL BY THE CITY ENGINEER, PROVIDED THAT ALL EXPOSED REBAR AND WIRE MESH IS REMOVED FROM CONCRETE AND PROVIDED SIICH MATERIALS ARE COVERED BY AT LEAST TWO (2) FEET OF SOIL OVERBURDEN. IN NO INSTANCE SHALL ANY FILL MATERIAL BE ALLOWED WHICH HAS DECOMPOSABLE AND/OR HIGHLY COMPRESSIBLE OR EXPANSIVE MATTER INCORPORATED INTO THE FILL, OR WHICH COULD BE CONSIDERED AS JUNK, GARBAGE, DEBRIS, TRASH OR A HAZARDOUS MATERIAL OR CONTAMINANT AS DEFINED IN WHEAT RIDGE CODE OF LAWS, SECTION 20-24. -f-5~ (Limit en~„~e~In ne e~e~t~h•ail a si~~e p~epe~~~reeeive aeexm~xlative - F ~~. ~,.....,._~a ~ 99~-et~bie-~:arde cv}thing-r -~ .., u, i n ~ w ~ r (C) i'~a~e~ ia~d€i11 aad RESOURCE ~ ~^--~~ EXTRACTION control (MINING AND QUARRY) operations: ~tmping~a;'~~z _RESOURCE extraction operations wh`__'~ -_a --''-= ~'=~m-F~~ &99~ ettL~ie-may be allowed invany zone district only by special use permit requiring public hearings with the Planning Commission and City Council, following procedures and requirements as established in Section 26-6(bB). Such depesrt~r extraction of earth, sand, gravel, rock, minerals, ~^'--- '- ~ ~~-cr other similar resources, ands RELATED storage thereof, are subject to the following conditions. (In cases of isolation or unusual characteristics of the operation or the location thereof, partial waiver of these requirements may be made by Gity Council.) n spc--"~ ~a~r be isetred €~~ peried e€ time ~--~~ (1) Application procedures. An application shall be made to the "'' ' ~=.===g--a=~dPVelepme~t depae~DEPARTMENT OF PLANNING AND DEVELOPMENT 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 with corresponding metes and bounds legal description. (b) Name and address of property owner(s) and lessee(s), both within the site and adjacent to the site°s perimeter. (c) Location and extent of areas to be filled and/or excavated. (d) Drainage plan and report, which identifies existing waterways and drainage courses, indicating any changes, existing grades and proposed finish grades, and method of maintaining historic drainage from the site, and methods for controlling erosion from both wind and water during operations and upon completion. (e) Location of existing and proposed points of ingress/egress. 4 (f) Location and extent of existing vegetation, and proposed changes in vegetation, including methods to rehabilitate the vegetation upon completion. (g) Location of residences, structures, utilities and roadways within one-quarter (1/4) mile's distance of site in question. (h) Location and type or perimeter fencing. (i) Location and surfacing of all roads both within and adjacent to the site to be used for haulage. (j ) Location and character of proposed lighting on the site. (2) (k) Schedule of operations, including completion date. (1) 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. Performance standards: (a) Setback: Subject to maintaining a thirty-foot setback from all property lines. (b) Roads: Subject to operator(s) 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. (c) Fencing: The property containing the extractive operation shall be enclosed by a V-mesh, cyclone, chainlink or other similar metal fence with a minimum height of .seventy two (72) inches. Three (3) strands of barbed wire shall be placed above the metal fencing and canted to a 45 degree angle to the outside. At such time as the site has been rehabilitated in conformance with the requirements as contained herein, the fencing may be removed. (d) Erosion control: Provisions for control of wind and water erosion during operations shall be made and followed. Wind blown materials or sediment loads shall not be allowed to escape the site. 5 (e) Drainage: debris and/or contaminants shall not be accumulated or discharged beyond the property line by any means of transportation including natural drainage. The operation shall be conducted so that the excavated area will not permit water of a stagnated nature to collect or remain. (f) Lighting: all exterior lighting shall be in com- pliance with Section 26-30(s). (g) Rehabilitation: all special permits shall contain provisions for rehabilitation of the property as near or closely as is practicable to its prior natural state or condition or in such state or condition as the City Council may approve. Rehabilitation of the site shall include replacement of topsoil which is spread evenly over the rehabilitated site to a depth comparable to that of adjoining areas. Property not ultimately used for lake purposes or structures, etc., shall be planted with trees, shrubs, grasses or similar ground cover to preclude erosion of the soil by either wind or water, AND SUCH PLANTINGS SHALL 8E MAINTAINED. (3) Bond. To insure rehabilitation of the site as prescribed in subparagraph (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 ($5,000.00). (4) Insurance. Every operator, before commencing operations, shall be insured to the extent of two hundred thousand dol- lars ($200,000.00) per person, five hundred thousand dollars ($500,000.00) 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, filter, etc., as much as possible to eliminate noise, vibration, dust, etc., which are injurious or substantially annoying to persons living in the vicinity. 6 (6) Hours of operation. All activities shall op- erate from 7:00 a.m. to 5:00 p.m. Operations shall not be permitted on Saturdays, Sundays. or NATIONAL holidays. (7) The City of Wheat Ridge City Council specifically reserves the right to approve, approve with stipulations, or deny special use permits for mzj-e~ landfill aee~ eie~a-o~i~~ RESOURCE EXTRACTION control operations based upon evaluation of the proposal relative to the criteria for review as set forth in Section 26-6(B)(3). Section 2: Severability If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall- not affect application to other persons or circumstances. Section 3: Safety Clause The- City Council hereby finds, determines and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge and under the laws of the State of Colorado, that it is promulgated for the health, safety and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4: This ordinance shall take effect-ten (10) days after final publication. 1N'1'xODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 199 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 ,1996, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to this day of , 1996. SIGNED by the Mayor on this day of 1996. DAN WILDE, MAYOR ATTEST: 7 WANDA SANG, CITY CLERK APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL B:\WP60\ORD\EXCFILL.ORD