HomeMy WebLinkAboutZOA-03-13CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER Sang
Council Bill No 45-2003
Ordinance No 1315
Series of 2003
TITLE- AN ORDINANCE CONCERNING COST RECOVERY FOR
CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS
WHEREAS, the City requires that owners of new site development construct
public improvements in the form of streets, curbs, gutters, sidewalks and storm
water detention and conveyance facilities to serve such development, and
WHEREAS, it is inequitable that subsequent site developments which use or
benefit from such public improvements not be required to share in the cost thereof
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 26-110 of the Wheat Ridge Code of Laws is amended by
the addition of a new subsection C, to read-
C. REIMBURSEMENT FOR PUBLIC
IMPROVEMENTS.
WHERE A PROPERTY EXISTS ADJACENT TO AN
UNIMPROVED OR UNCONSTRUCTED STREET RIGHT-OF-
WAY OR DRAINAGEWAY, THE APPLICANT FOR SITE
DEVELOPMENT OF SUCH PROPERTY SHALL BE
RESPONSIBLE FOR CONSTRUCTION OF PUBLIC
IMPROVEMENTS TO THAT STREET, RIGHT-OF-WAY, OR
DRAINAGEWAY, INCLUDING AN ENGINEERED
ROADWAY DESIGN, PAVING, CURB, GUTTER,
SIDEWALK, AND STORM WATER DETENTION AND
CONVEYANCE FACILITIES. THE CITY MAY REQUIRE, AS
A CONDITION OF AND AT THE TIME OF SITE
DEVELOPMENT APPROVAL OF ADJACENT PROPERTIES
BENEFITED BY SUCH PUBLIC IMPROVEMENTS, THAT
THE APPLICANT OR APPLICANTS FOR SITE
DEVELOPMENT INITIALLY PAYING FOR SUCH PUBLIC
IMPROVEMENTS BE REIMBURSED BY THE APPLICANT
FOR SUBSEQUENT SITE DEVELOPMENT, CONSISTENT
WITH THE DEGREE TO WHICH THE ADJACENT
DEVELOPMENT IS BENEFITED BY SUCH PUBLIC
IMPROVEMENTS SUCH REIMBURSEMENT SHALL BE
GED\53027\445646 01
ON A PRO RATA BASIS DETERMINED IN A
REIMBURSEMENT AGREEMENT ENTERED INTO
BETWEEN THE CITY AND THE INITIAL DEVELOPER.
Section 2. Safety Clause. The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of
the public and that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare The City Council
further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be attained.
Section 3. Severability: Conflicting Ordinances Repealed If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed
Section 4. Effective Date. This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5 11 of the Charter
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on
this 24th day of November, 2003, 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 December 8, 2003, 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 8 to 0, this 8th day of December, 2003.
SIGNED by the Mayor on this 9th day of December
2003.
Gretchen Cerveny, Mayor
GEDI,530271445548 01
ATTEST
4rnejIa*rLsc!ntty Clerk
Approve s To Form
Gerald E. Dahl, City Attorney
First Publication: November 27, 2003
Second Publication: December 11, 2003
Wheat Ridge Transcript
Effective Date- December 26, 2003
GED\53027\445648.01
CITY COUNCIL MINUTE'S December 8, 2003 _ Page -2-
Carol Taylor, 9750 West 36th Avenue, congratulated all the new members on Wheat
Ridge City Council She urged Council to appoint Jerry Montoya as the new District III
representative to replace David Schneider who regretfully had to resign Her
encouragement on this choice is based on the fact that Mr Montoya is the only one of
the applicants who went out and worked long and hard to campaign for this position
during the elections, he received 800 votes in the election, which shows that 800 people
trusted him enough to want to see him in that position Although he lost, they now have
the opportunity to have every single person who voted in District III for a candidate to
represent them on Council, be represented by the person of their choice This is a win-
win situation for the citizens of District II I
Jerry Montoya spoke as an applicant for the District III Council vacancy He referred to
his election brochure, which listed his experience and accomplishments He spent 3
years on the Board of Adjustment and has a proven record He is dedicated to this City
and hopes Council will appoint him tonight.
Mr DiTullio stated for the record that Janet Bell, applicant for the Council vacancy
expressed her wish to Ms Berry that her application be withdrawn for work-related
reasons
Motion by Mrs Adams to appoint Michael Stites to fill the District III City Council
vacancy; term to expire November 2005, seconded by Mrs Sang, carried 7-0
Mr DiTullio stated that he was on record as saying that whomever Karen Adams
wanted to appoint for her District would get his support. She needs to be able to work
with somebody from her District.
Mayor Cerveny administered the Oath of Office to newly appointed Council member
Michael Stites
Mr Stites took his seat on the dais and participated in the remainder of the meeting
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1. COUNCIL BILL 45-2003 -AN ORDINANCE CONCERNING COST
RECOVERY FOR CONSTRUCTION OF CERTAIN PUBLIC
1V IMPROVEMENTS
(Case No ZOA-03-13)
Council Bill 45-2003 was introduced on second reading by Mrs Sang, Ms Anderson
read the Executive Summary and assigned Ordinance No 1315
CITY COUNCIL MINUTEa December 8, 2003 Page -3-
Mr Gokey asked Mr White to explain how the developers will be reimbursed for their
portion of already developed property in the area, when improvements are already in
Mr White stated that we will have cost estimates of those original improvements and
when a subsequent developer comes in through our subdivision process, we will take
that total cost of improvements and determine on a pro rata basis what his proportionate
share of those costs would be Either on an acreage basis or a per lot basis or a lot
frontage base, depending upon what the nature of those public improvements was
Then we will prepare an agreement and make the signing of that agreement a condition
of approval of the subsequent subdivision
Motion by Mrs Sang to approve Council Bill 45-2003 (Ordinance No 1315) on second
reading, to take effect 15 days after adoption, seconded by Mrs Rotola, carried 8-0
Item 2. COUNCIL BILL 46-2003 -AN ORDINANCE AMENDING SECTION 26-
106 OF THE ZONING AND DEVELOPMENT CODE ADOPTING AN
AMENDED LAND USE REVIEW PROCESS CHART
(Case No ZOA-03-15)
Council Bill 46-2003 was introduced on second reading by Mr DiTullio
Motion by Mr DiTullio to continue the Item 2 to the January 12th Council Meeting and
that the information in the ordinance be published in its entirety; seconded by Mr
Gokey; carried 8-0
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 4 Approval of the Open Space Commemorative Donation Program Policy
Item 4 was introduced by Mr Gokey; Ms Anderson read the executive summary
Motion by Mr Gokey to adopt the Commemorative Policy as part of the Open Space
Management Plan seconded by Mr DiTullio carried 8-0
Item 5 Adoption of the City of Wheat Ridge Open Space Weed Management
Plan
Item 5 was introduced by Mrs Rotola who also read the Executive Summary
Motion by Mrs Rotola to adopt the City of Wheat Ridge Open Space Weed
Management Plan, seconded by Mrs Adams, carried 8-0
OF WHEgT ITEM NO:
~ a
o ~~(ORP00 m REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE: December 8, 2003
TITLE: AN ORDINANCE AMENDING SECTION 26-110 OF THE ZONING
AND DEVELOPMENT CODE PROVIDING A COST
RECOVERY SYSTEM FOR INSTALLATION OF PUBLIC
IMPROVEMENTS (CASE NO. ZOA-03-13)
® PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING (Date: November 24, 2003)
❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING
❑ RESOLUTIONS
Quasi-Judicial: ❑
Yes No
Yc
AgL
Community Development Director
EXECUTIVE SUMMARY:
City Manager
The City Attorney has prepared an ordinance providing for future cost recovery for required public
improvements. The proposed legislation would allow developers who install public street and
drainage improvements to be reimbursed from a subsequent developer who benefits from the original
construction. A recorded reimbursement agreement would explain the terms of the reimbursement
on a pro rata basis.
Planning Commission reviewed this request on September 4, 2003, and recommended approval.
BOARD/COMMISSION RECOMMENDATION:
Planning Commission recommended approval of this ordinance.
STATEMENT OF THE ISSUES:
Chapter 26 regulations require the construction of public improvements in connection with
development projects. Courts require that such improvements be roughly proportional to the impacts
created by the development. Sometimes requiring less that the full improvement based on a project's
size, frontage, or impacts does not make sense. For example, requiring two-thirds of a street provides
no benefit to the projector the City. In instances where the full improvement is required, the proposed
ordinance allows the initial developer to be paid back a proportion of the cost from subsequent
benefiting developers.
ALTERNATIVES CONSIDERED:
Do not approve legislation.
FINANCIAL IMPACT:
There is no financial impact to the City. There would be staff time required to prepare and record the
document.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 45-2003, Case No. ZOA-03-13, an ordinance adopting a cost
recovery system for required public improvement on second reading, to take effect 15 days after
adoption."
Or,
"I move to table indefinitely Council Bill No. 45-2003, Case No. ZOA-03-13, an ordinance adopting
a cost recovery system for required, public improvements, on second reading with the following
findings:
1."
Report Prepared by: Meredith Reckert, 303-235-2848
Reviewed by: Alan White, 303-235-2844
Attachments:
1. September 4, 2003, Planning Commission report
2. Council Bill No. 45-2003
CouncilActlstreading
City of Wheat Ridge of ""Eq>
Community Development Department °
~ m
Memorandum ~~IORA~~
TO:
Planning Commission
FROM:
Meredith Reckert
SUBJECT:
Case No. ZOA-03-13/cost recovery
DATE:
August 28, 2003
Attached is an ordinance prepared by the city attorney's office regarding future cost recovery for
required improvements. The proposed ordinance would allow developers who install public street
and drainage improvements to be reimbursed from a subsequent developer who benefits from the
original construction of these public improvements. Included in the ordinance is the requirement for
a recorded reimbursement agreement.
RECOMMENDED MOTION: "I move that Case No. ZOA-03-13, a proposed amendment to
Chapter 26 of the Zoning and Development Code regarding cost recovery for the installation of
public improvements, be forwarded to City Council with a recommendation of APPROVAL for the
following reasons:
L It will allow developers to be reimbursed for construction of improvements that
benefit others."
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
Series of 2003
TITLE: AN ORDINANCE CONCERNING COST RECOVERY FOR
CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS
WHEREAS, the City requires that owners of new site development construct
public improvements in the form of streets, curbs, gutters, sidewalks and storm
water detention and conveyance facilities to serve such development; and
WHEREAS, it is inequitable that subsequent site developments which use or
benefit from such public improvements not be required to share in the cost thereof.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 26-1 10 of the Wheat Ridge Code of Laws is amended by
the addition of a new subsection C, to read:
C. REIMBURSEMENT FOR PUBLIC
IMPROVEMENTS.
WHERE A PROPERTY EXISTS ADJACENT TO AN
UNIMPROVED OR UNCONSTRUCTED STREET RIGHT-OF-
WAY OR DRAINAGEWAY, THE APPLICANT FOR SITE
DEVELOPMENT OF SUCH PROPERTY SHALL BE
RESPONSIBLE FOR CONSTRUCTION OF PUBLIC
IMPROVEMENTS TO THAT STREET, RIGHT-OF-WAY, OR
DRAINAGEWAY, INCLUDING AN ENGINEERED
ROADWAY DESIGN, PAVING, CURB, GUTTER,
SIDEWALK, AND STORM WATER DETENTION AND
CONVEYANCE FACILITIES. THE CITY MAY REQUIRE, AS
A CONDITION OF AND AT THE TIME OF SITE
DEVELOPMENT APPROVAL OF ADJACENT PROPERTIES
BENEFITED BY SUCH PUBLIC IMPROVEMENTS, THAT
THE APPLICANT OR APPLICANTS FOR SITE
DEVELOPMENT INITIALLY PAYING FOR SUCH PUBLIC
IMPROVEMENTS BE REIMBURSED BY THE APPLICANT
FOR SUBSEQUENT SITE DEVELOPMENT, CONSISTENT
WITH THE DEGREE TO WHICH THE ADJACENT
DEVELOPMENT IS BENEFITED BY SUCH PUBLIC
IMPROVEMENTS. SUCH REIMBURSEMENT SHALL BE
GED\53027\445648.01 ATTACHMENT 2
ON A PRO RATA BASIS DETERMINED IN A
REIMBURSEMENT AGREEMENT ENTERED INTO
BETWEEN THE CITY AND THE INITIAL DEVELOPER.
Section 2.Safety Clause. The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of
the public and that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare. The City Council
further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be attained.
Section 3. Severabilit • Conflicting Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 4. Effective Date. This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this day of , 2003, 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 , 2003, 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 2003.
SIGNED by the Mayor on this day of , 2003.
Gretchen Cerveny, Mayor
GED\53027\445648.01
ATTEST:
Pamela Anderson, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
GED\53027\445648.01
of WHEAT ITEM NO:
'o
V oRaao m REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE: November 24, 2003
TITLE: AN ORDINANCE AMENDING SECTION 26-110 OF THE
ZONING AND DEVELOPMENT CODE PROVIDING A COST
RECOVERY SYSTEM FOR INSTALLATION OF PUBLIC
IMPROVEMENTS (CASE NO. ZOA-03-13)
❑ PUBLIC HEARING ® ORDINANCES FOR 1ST READING (Date: Nov. 24, 2003)
❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING
❑ RESOLUTIONS
Quasi-Judicial: ❑
Yes No
Community Development erector
EXECUTIVE SUMMARY:
City Manager
The City Attorney has prepared an ordinance providing for future cost recovery for required public
improvements. The proposed legislation would allow developers who install public street and
drainage improvements to be reimbursed from a subsequent developer who benefits from the original
construction. A recorded reimbursement agreement would explain the terms of the reimbursement
on a pro rata basis.
Planning Commission reviewed this request on September 4, 2003, and recommended approval.
BOARD/COMMISSION RECOMMENDATION:
Planning Commission recommended approval of this ordinance.
STATEMENT OF THE ISSUES:
Chapter 26 regulations require the construction of public improvements in connection with
development projects. Courts require that such improvements be roughly proportional to the impacts
created by the development. Sometimes requiring less that the full improvement based on a projects'
size, frontage, or impacts does not make sense. For example, requiring two-thirds of a street provides
no benefit to the project or the City. In instances where the full improvement is required, the proposed
ordinance allows the initial developer to be paid back a proportion of the cost from subsequent
benefiting developers.
ALTERNATIVES CONSIDERED:
Do not approve legislation.
FINANCIAL IMPACT:
There is no financial impact to the City. There would be staff time required to prepare and record the
document.
RECOMMENDED MOTION:
" I move to approve Council Bill. No. , Case No. ZOA-03-13, an ordinance adopting a
cost recovery system for required public improvements, ordered published, public hearing set for
December 8, 2003, at 7:00 PM in the City Council Chambers."
Or,
"I move to table indefinitely Council Bill No. Case No ZOA-03-13, an ordinance
adopting a cost recovery system for required public improvements."
Report Prepared by: Meredith Reckert, 303-235-2848
Reviewed by: Alan White
Attachments:
1. Attachment 1 - September 4, 2003, Planning Commission report
2. Council Bill No.
councilAcrionfom
7. PUBLIC HEARINGS
A. Case No. WZ-02-13 (continued from August 21, 2003): An application filed by
Melody Homes, Inc. for approval of a Planned Residential Development final
development plan for property located at 10285 Ridge Road.
B. Case No. WS-02-01 (continued from August 21, 2003): An application filed by
Melody Homes, Inc. for approval of a 38-lot subdivision plat for property located at
10285 Ridge Road.
A request was made for continuance of the Final Development Plan and Final Plat to the next
Planning Commission meeting. Staff recommended approval of this request.
It was moved by Commissioner STITES and seconded by Commissioner McMILLIN that
Case No. WZ-02-13, a request for approval of a final development plan, and Case No.
WS-02-01, a request for approval of a 38-lot major subdivision plat, for property located
at 10285 Ridge Road, be continued to September 18, 2003. The motion passed 6-0 with
Commissioners DAVIS and PLUMMER absent.
C. Case No. ZOA-03-13: An ordinance amending Section 26-110 of the Wheat Ridge
Code of Laws concerning cost recovery for construction of certain public
improvements.
This case was presented by Meredith Reckert. She reviewed the staff report which contained
an ordinance prepared by the city attorney's office regarding future cost recovery for required
improvements. It would allow developers who install public street and drainage improvements
to be reimbursed from a subsequent developer who benefits from the original construction of
these public improvements. Staff recommended approval of the ordinance.
It was moved by Commissioner WEISZ and seconded by Commissioner WITT that Case
No. ZOA-03-13, a proposed amendment to Chapter 26 of the Zoning and Development
Code regarding cost recovery for the installation of public improvements, be forwarded
to City Council with a recommendation of approval for the following reason:
1. It will allow developers to be reimbursed for construction of improvements that
benefit others.
The motion passed 6-0 with Commissioners DAVIS and PLUMMER absent.
D. Case No. ZOA-03-14: An ordinance amending Article III of Chapter 26 of the Wheat
Ridge Code of Laws pertaining to planned developments.
This case was presented by Meredith Reckert. She reviewed each existing section of the code
and compared them with the proposed revisions. Staff recommended approval of the
ordinance.
4, 2003
rage 2
City of Wheat Ridge of WHEA P
Community Development Department
v m
Memorandum Cp~~RP~O
TO:
Planning Commission
FROM:
Meredith Reckert
SUBJECT:
Case No. ZOA-03-13/cost recovery
DATE:
August 28, 2003
Attached is an ordinance prepared by the city attorney's office regarding future cost recovery for
required improvements. The proposed ordinance would allow developers who install public street
and drainage improvements to be reimbursed from a subsequent developer who benefits from the
original construction of these public improvements. Included in the ordinance is the requirement for
a recorded reimbursement agreement.
RECOMMENDED IMOTiON: 1 move that Case No. ZOA-03-13, a proposed amendment to
Chapter 26 of the Zoning and Development Code regarding cost recovery for the installation of
public improvements, be forwarded to City Council with a recommendation of APPROVAL for the
following reasons:
It will allow developers to be reimbursed for construction of improvements that
benefit others"
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
Series of 2003
TITLE: AN ORDINANCE CONCERNING COST RECOVERY FOR
CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS
WHEREAS, the City requires that owners of new site development construct
public improvements in the form of streets, curbs, gutters, sidewalks and storm
water detention and conveyance facilities to serve such development; and
WHEREAS, it is inequitable that subsequent site developments which use or
benefit from such public improvements not be required to share in the cost thereof.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 26-110 of the Wheat Ridge Code of Laws is amended by
the addition of a new subsection C, to read:
C. REIMBURSEMENT FOR PUBLIC
IMPROVEMENTS.
WHERE A PROPERTY EXISTS ADJACENT TO AN
UNIMPROVED OR UNCONSTRUCTED STREET RIGHT-OF-
WAY OR DRAINAGEWAY, THE APPLICANT FOR SITE
DEVELOPMENT OF SUCH PROPERTY SHALL BE
RESPONSIBLE FOR CONSTRUCTION OF PUBLIC
IMPROVEMENTS TO THAT STREET, RIGHT-OF-WAY, OR
DRAINAGEWAY, INCLUDING AN ENGINEERED
ROADWAY DESIGN, PAVING, CURB, GUTTER,
SIDEWALK, AND STORM WATER DETENTION AND
CONVEYANCE FACILITIES. THE CITY MAY REQUIRE, AS
A CONDITION OF AND AT THE TIME OF SITE
DEVELOPMENT APPROVAL OF ADJACENT PROPERTIES
BENEFITED BY SUCH PUBLIC IMPROVEMENTS, THAT
THE APPLICANT OR APPLICANTS FOR SITE
DEVELOPMENT INITIALLY PAYING FOR SUCH PUBLIC
IMPROVEMENTS BE REIMBURSED BY THE APPLICANT
FOR SUBSEQUENT SITE DEVELOPMENT, CONSISTENT
WITH THE DEGREE TO WHICH THE ADJACENT
DEVELOPMENT IS BENEFITED BY SUCH PUBLIC
IMPROVEMENTS. SUCH REIMBURSEMENT SHALL BE
GED\53027\445648.01
ON A PRO RATA BASIS DETERMINED IN A
REIMBURSEMENT AGREEMENT ENTERED INTO
BETWEEN THE CITY AND THE INITIAL DEVELOPER.
Section 2.Safety Clause. The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of
the public and that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare. The City Council
further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be attained.
Section 3.. Severability: Conflicting Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 4. Effective Date. This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this day of , 2003, 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 , 2003, 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 2003.
SIGNED by the Mayor on this day of 2003.
Gretchen Cerveny, Mayor
GED\530271445648.01
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge
PLANNING COMMISSION on September 4, 2003, at 7:00 p.m. in the City Council
Chambers of the Municipal Building at 7500 West 29 h Avenue, Wheat Ridge, Colorado.
All interested citizens are invited to speak at the Public Hearing or submit written
comments. The following petitions shall be heard:
`tiase No. ZOA-03-13: An ordinance amending Section 26-110 of the Wheat
Ridge Code of Laws concerning cost recovery for construction of certain public
improvements.
Case No. ZOA-03-14: An ordinance amending Article III of Chapter 26 of the
Wheat Ridge Code of Laws pertaining to planned developments.
Case No. ZOA-03-15: An ordinance amending Section 26-106 of the Wheat
Ridge Code of Laws concerning the review process chart.
Kathy Field, Administrative Assistant
ATTEST:
Wanda Sang, City Clerk
To Be Published: Wheat Ridge Transcript
Date: August 28, 2003
City of Wheat Ridge of WHEAT
Community Development Department
v m
Memorandum ~o~oRpoo
TO: icroDev Attendees
FROM: Ieredith
SUBJECT: Cost Recovery Ordinance
DATE: August 5, 2003
Attached is a copy of the proposed cost recovery ordinance prepared by the City Attorney's office.
The intent of the legislation is to allow the recovery of funds when the installation of public
improvements at one developer's expense benefits another because of adjacency to those
improvements.
Please review the ordinance so we can discuss it at the microdev meeting on Wednesday, August 6,
2003.
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
Series of 2003
TITLE: AN ORDINANCE CONCERNING COST RECOVERY FOR
CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS
WHEREAS, the City requires that owners of new site development construct
public improvements in the form of streets, curbs, gutters, sidewalks and storm
sewers to serve such development; and
WHEREAS, it is inequitable that subsequent site developments which use or
benefit from such public improvements not be required to share in the cost thereof.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 26-1 10 of the Wheat Ridge Code of Laws is amended by
the addition of a new subsection C, to read:
C. REIMBURSEMENT FOR PUBLIC
IMPROVEMENTS.
WHERE A PROPERTY EXISTS ADJACENT TO AN
UNIMPROVED OR UNCONSTRUCTED STREET RIGHT-OF-
WAY OR DRAINAGEWAY, IDENTIFIED
TRANSPORTATION GORRIDOR OR ROADWAY
EASEMENT THE APPLICANT FOR SITE DEVELOPMENT
OF SUCH PROPERTY SHALL BE RESPONSIBLE FOR
CONSTRUCTION OF PUBLIC IMPROVEMENTS TO THAT
STREET, RIGHT-OF-WAY, OR DRAINAGEWAY
IDENTIFIED TRANSPORTATION CORRIDOR OR
ROADWAY EASEMENT INCLUDING AN ENGINEERED
ROADWAY DESIGN, PAVING AND DRAINAGE CURB,
GUTTER, SIDEWALK, INSTALLATION OF UTILITIES AND
STORM WATER DETENTION AND CONVEYANCE
FACILITIES SEWERS. WERS. THE CITY MAY REQUIRE, AS A
CONDITION OF AND AT THE TIME OF SITE
DEVELOPMENT APPROVAL OF ADJACENT PROPERTIES
BENEFITED BY SUCH PUBLIC IMPROVEMENTS, THAT
THE APPLICANT OR APPLICANTS FOR SITE
DEVELOPMENT INITIALLY PAYING FOR SUCH PUBLIC
IMPROVEMENTS BE REIMBURSED BY THE APPLICANT
GED\53027\445648.01
FOR SUBSEQUENT SITE DEVELOPMENT, CONSISTENT
WITH THE DEGREE TO WHICH THE ADJACENT
DEVELOPMENT IS BENEFITED BY SUCH PUBLIC
IMPROVEMENTS. SUCH REIMBURSEMENT SHALL BE
O~N~+ A PRO RATA BASIS MEASURED QV THE DENSITY IN
RESIDENTIAL (WITS OR COMMERCIAL FLOOR AREAS
nE THE AD (AGENT SITE BEVEL OPMENT DETERMINED
IN A REIMBURSEMENT AGREEMENT ENTERED INTO
BETWEEN THE CITY AND THE INITIAL DEVELOPER.
Section 2.Safety Clause. The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of
the public and that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare. The City Council
further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be attained.
Section 3. Severability; Conflicting Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 4. Effective Date. This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this day of , 2003, 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 , 2003, 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 2003.
SIGNED by the Mayor on this day of 2003.
GED\53027\445648.01
Gretchen Cerveny, Mayor
ATTEST:
Wanda Sang, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
GED\53027\445648.01
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
Series of 2003
TITLE: AN ORDINANCE CONCERNING COST RECOVER FOR
CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS
WHEREAS, the City requires that owners of new site development construct
public improvements in the form of streets, curbs, gutters, sidewalks and storm sewers
to serve such development; and
WHEREAS, it is inequitable that subsequent site developments which use or
benefit from such public improvements not be required to share in the cost thereof.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 26-110 of the Wheat Ridge Code of Laws is amended by the
addition of a new subsection C, to read:
C. REIMBURSEMENT FOR PUBLIC
IMPROVEMENTS.
WHERE A PROPERTY EXISTS ADJACENT TO AN
UNIMPROVED OR UNCONSTRUCTED STREET, RIGHT-
OF-WAY, IDENTIFIED TRANSPORTATION CORRIDOR
OR ROADWAY EASEMENT, THE APPLICANT FOR SITE
DEVELOPMENT OF SUCH PROPERTY SHALL BE
RESPONSIBLE FOR CONSTRUCTION OF PUBLIC
IMPROVEMENTS TO THAT STREET, RIGHT-OF-WAY,
IDENTIFIED TRANSPORTATION CORRIDOR OR
ROADWAY EASEMENT, INCLUDING AN ENGINEERED
ROADWAY DESIGN, PAVING AND DRAINAGE, CURB,
GUTTER, SIDEWALK AND STORM SEWERS. THE CITY
MAY REQUIRE, AS A CONDITION OF AND AT THE TIME
OF SITE DEVELOPMENT APPROVAL OF ADJACENT
PROPERTIES BENEFITED BY SUCH PUBLIC
IMPROVEMENTS, THAT THE APPLICANT OR
APPLICANTS FOR SITE DEVELOPMENT INITIALLY
PAYING FOR SUCH PUBLIC IMPROVEMENTS BE
REIMBURSED BY THE APPLICANT FOR SUBSEQUENT
SITE DEVELOPMENT, CONSISTENT WITH THE DEGREE
TO WHICH THE ADJACENT DEVELOPMENT IS
BENEFITED BY SUCH PUBLIC IMPROVEMENTS. SUCH
GED\53027\445648.01
REIMBURSEMENT SHALL BE ON A PRO RATA BASIS
MEASURED BY THE DENSITY IN RESIDENTIAL UNITS
OR COMMERCIAL FLOOR AREAS OF THE ADJACENT
SITE DEVELOPMENT.
Section 2.Safety Clause. The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the City
of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public
and that this Ordinance is necessary for the preservation of health and safety and for
the protection of public convenience and welfare. The City Council further determines
that the Ordinance bears a rational relation to the proper legislative object sought to be
attained.
Section 3. Severability; Conflicting Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 4. Effective Date. This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this day of , 2003, 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 , 2003, 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 2003.
SIGNED by the Mayor on this day of 2003.
Gretchen Cerveny, Mayor
ATTEST:
GED\53027\445648.01
Wanda Sang, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
GED\53027\445648.01
JU'-28-2003 MON 10:18 AM CITY OF LAFAYETTE FAX NO. 3036652153 P. 01/05
101692516 03/19/96 D3;18 PM REAL ESTATE RECORDS
F2113 CHARLOTTE. HOUSTON BOULDER CNTY CO RECORDER s
U 41LITIES REIMBURSEMENT AGREEMENT
TII1S AGREEMENTis made thisjuLday of _F,c,/l .tt,.,1996, by and
between the CITY OF LAFAYE'YTE, Colorado, a municipal corporation, (the "City") and
McSTAIN ENTERPRISES, INC,(thc " Owner"
W11EREAS, the City entered into a Development Agreement dated July 31,1995,
(ttu-1 "Development Agreement") between the City and JOSEPI I IIEAUPRE7.; MARIE
I3EAUfRU;BEAIJI1RliZ FARM PARTNERSHIP, a General Partnership; EDWARD
PISZI K, JR.,1'rustee, D/B/A 131ZADDOCK ENTERPRISFS, formerly Braddock Realty
Company, a Partnership; EDWARD PISZEK, JR., and EDWARD J. PISZEK, (the
"Former Owners");
WIIEREAS, Owner is the successor in interest to the Former Owner of the
Property controlled by the Development Agreement; and
WIIfiREAS, Owner has installed certain utilities facilities (the "Owner installed
Lines") connected with the City of Lafayette facilities, as described in dowil in Exhibit 1,
attached heroin and incorporated herein by (his reference; and
WI ILREAS, the City may later permit or require that the Owner Installed Lines
also be usod to serve presently identifiable properties not owned by Owner (the
"Presently llenofrted Properties"); which are shown on Exhibit 2, attached hereto and
incorporated herein by reference; and
WREIREAS, Paragraph 8 of tile; Development Agreement contains provisions for
reinlhursentont to the Owner of its expenses of installing the Owner Installed Sewer Line,
and the City and Owner now desire to execute a specific reimbursement agreement;
NOW, THERHI,ORE, the City of L,-tfayette hereby covenants and agrees that for a
period of ten (10) years from the date hereof, it will not permit approval or recordation of a
pint of nny portion of any of the Presently Benefited Properties until the pro rata cost based
on acreage served, as shown on Exhibit 3, attached to this Agreement and incorporated
howin by reference, has boon paid to Owner in cash or certified funds as evidenced by
Owner's notice the
Post•i " ax Note 7671
DJ1L , P. of t. 5--
- ,7 $ C pnjos
,F~
r ! i :1 f
From dpi .G'
Co./Dope
Co. t-vf,,,
Phone tr
t'honn n
tax 6
'•n ~7-3s-J-65`
7
ra.4
1
JUL-28=2003 MON 10:19 AM CITY OF LAFAYETTE FAX NO, 3036652153 P. 02/05
The subject Owner Installed Sewer Line indicated on Exhibit 2 may ultimately
benefit 76.6 acres, more or less, including 25.8 acres of Owner property. The cost of
Owner Installed Sewer Line to be reimbursed to the Owner shall not exceed $ 65,072.24,
The cost per acre for each acre benefited shall not exceed $1,280.00. This Agreement is
renewable for another period of ten (10) years by written nonce by Owner to the City at
I&wa three months before the expiration of the first ten (10) year torrtt of this Agreement, if
the total of the recoverable amounts drown above has not been received by Owner at the
time such notice is given. In all events, this Agreement shall end when the entire sum of the
recoverable amounts shown above has been paid to Owner.
The City of Lafayette acknowledges that Owner has vested rights against the
owners of the Presently Benefited Property for the wimbursement of such sums, and
acknowledged that it is upended that this Agreement be placed of record in the Real
Property Records in the County of Boulder, State of Colorado, to give notice to all who
may be interested in these matters. Owner acknowledges that the City shall have no
responsibility actually to collect any reimbursement payment contemplated by this
aytremcnt, ,
Jl 28-2003 MON 10:19 AM CITY OF LAFAYETTE FAX NO. 3036652153
't7te foregoing Agreement is accepted and agreed to by Owner and
Constituting the agreement for reimbursement oosts set forth in said `v
Agreement dated July 31,1990.
By: Z&"d-,~
.
• iviuyur
3 = pAll Ift.7. °
6~f't~c~~_ xJ ~Zt~iEe.oc.e-e.r-CJ
1y'• ..STt'l:L'OFCOLORADO ) SS.
C6UNTYOPBOULDER )
as
he foregoing document was ac lowlodged before me this 6 w~ day of
2la 4 ,1996, by e-&,Aciyti/ L 6" 140t,11, _ Is Mayor of the City of
t.,dayeile, (.olorndo, a Muntntpal Corporation, and attested to by
_Y~i~t4 /a _J.'ZILE JOD/ the City Clerk of the City of Lafayette, Colorado.
WIT1Vli
,,,,•G,~ }J`~,,, SS my hand and offs ia] seal.
My commission expires:
Notary Public
1 .O-v
P. 03/05
S~3
McSTQIN f,NV1FRPRISrs, INC
JUL-28--2003 MON 10:19 AM CITY OF LAFAYETTE FAX NO. 3036652153 P. 04/05
I
EXHIBIT I
COn,Sltllction cost for:
1. Material and Tabor
2. Sewer Lasomems
3. Pro-rated share of engineering, rnrujagement and contractors hard cost.
Ditch Crossing
5. Baseline Road Bore
T01211, $ 98,048.00
JUL-28-2003 MON 10.19 AM CITY OF LAFAYETTE FAX NO. 3036652153
P. 0055/05
°`11 " oozsv 9 3LJnH kY 1.9tes b8. 9z 83.4
Case No.:
App: Last Name:
App: First N ame:
Owns r: Last Name:
Owner: First Nam e:
App Addre ss:
City, State Z ip:
App: Pho ne:
Owner Address:
City/St ate/Zip:
Owner Phone:
Project Address:
Street Name :
City/State, Zip:
Case Disposition:
improvements
PC.
~-I
IVY
I
FC
Conditions of Approval:
District:
Project Planner: hite
File Lo cation: ctive Date Rec eived: /2312003.
Notes:
Follow- Up: F_ Pre-App Date:
OA0313 Quarter Section Map N o.:
itywide Related Cases:
Case Histor y: Reimbursement for public
Review Body:
APN:
r 2nd Revie w Body:
r.- 2nd Review Date
1. Decision-making Body
t~--~ Approval/Denial Date:
Reso/Ordinance No.:
Gkl~o Qage 1 ~ 'G