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HomeMy WebLinkAboutZOA-08-04CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER WOMBLE Council Bill No. 12-2009 Ordinance No. 1436 Series of 2009 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO REQUIRE PROOF OF ADEQUATE WATER SUPPLY FOR CERTAIN NEW DEVELOPMENTS. (Case No. ZOA-08-04) WHEREAS, the purpose and intent of Chapter 26 of the Wheat Ridge Code of Laws is, in part, to facilitate adequate provision for water; sewage, schools, parks and other public improvements; and WHEREAS, H.B. 08-1141, which became effective on May 29, 2008, requires local governments to require the applicant to provide proof of sufficient water supply before approving any new development that includes a new water use in excess of that used by fifty single-family equivalents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-103 of the Wheat Ridge Code of Laws, entitled "Site development review process," is hereby amended by the addition of a new subsection E, which shall read as follows: water demand management measures to account for hydrologic variability. The City's determination as to whether the proposed water supply is adequate to serve the proposed development shall be based upon: (i) evidence that the development will be served by a public water supply entity currently providing treated water service within the City, which district has been operating within the City for no less than ten (10) years prior to the date of application for approval of the site development (ii) if requested by the City, _a letter from the state engineer commenting on such documentation: (iii) whether the applicant has paid to a water supply entity (as defined in C R S 6 29-20-302) a fee or charge for the purpose of acquiring water for or expanding or constructing the infrastructure to serve the proposed development and (iv) any other information deemed relevant by the City, including without limitation any information required to be submitted by the applicant pursuant to this Chapter or state statutes The City shall not approve such development application unless it finds in its sole discretion and after considering the application and all of the information provided that the applicant has satisfactorily demonstrated that the proposed water supply will be adequate The Citv E. All site development that includes new water use in an amount more than that used by fifty single-family equivalents shall provide concurrently with the first application shall make its determination concerning adequate water supply only once during the development permit approval process unless the water demands or supply of the specific project for which the development permit is sought are materially changed. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 9th day of March, 2009, 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 Monday, March 23, 2009, 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 7 to 0 , this 23rd day of March 2009. SIGNED by the Mayor on this 23rd d ATTEST: Michael Snow, City Clerk Appro s To Form Gerald E. Dahl, City Attorney First Publication: March 12, Second Publication: March 26, 2009 Wheat Ridge Transcript Effective Date: A11(71(I7 CITY COUNCIL MINUTES: March 23, 2009 Page -2- D. Approval to award ITB-09-03 2009 Overlay Concrete Rehabilitation Project to Asphalt Specialties in the amount of $687,589.50. E. Approval to award RFP-08-43 Services to Bohannan Huston, $98,500. USGS Lidar and DRCOG Aerial Inc. in the amount not-to-exceed Consent Agenda was introduced and read by Mrs. Sang. Motion by Mrs. Sang for approval of the Consent Agenda Items A-E; seconded by Mr. Stites; carried 7-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Council Bill 12-2009 - amending Chapter 26 of the Wheat Ridge Code of Laws to require proof of adequate water supply for certain new developments. (Case No. ZOA-08-04) During the pre-meeting, Mr. Johnstone amended to the packet a September 8, 2009 memo from City Attorney Gerald Dahl regarding House Bill 08-1141 concerning proof of adequate water supply for new developments (amended to this packet). Mayor DiTullio opened the public hearing. Council Bill 12-2009 was introduced on second reading by Council Member Womble. City Clerk Michael Snow assigned Ordinance No. 1436. Mr. Johnstone presented the staff report. No citizens were present to speak on this issue. Mayor DiTullio closed the public hearing. Motion by Mr. Womble to approve Council Bill 12-2009 (Ordinance 1436) on second reading and that it take effect 15 days after final publication; seconded by Mrs. Sang and Mr. Stites; carried 7-0. City of Wheat dge ITEM NO: i~ REQUEST FOR CITY COUNCIL ACTION ~-0 I -J COUNCIL MEETING DATE: March 23, 2009 kt- TITLE: COUNCIL BILL NO. 12-2009 - AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO REQUIRE PROOF OF ADEQUATE WATER SUPPLY FOR CERTAIN NEW DEVELOPMENTS (CASE NO. ZOA-08-04) ® PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS ❑ ORDINANCES FOR 1sT READING (3/09/09) ® ORDINANCES FOR 2No READING (3/23/09) Quasi-judicial: I1 ❑ YES ® NO Ok~ City Mana EXECUTIVE SUMMARY: Council Bill No. 12-2009 responds to legislation enacted by the Colorado Legislature and approved by the Governor in 2008. Colorado House Bill HB08-141, which was enacted in 2008, requires that through the development review and approval process, local municipalities make a determination that certain new developments will have an adequate water supply. The proposed ordinance amends Chapter 26 of the Wheat Ridge Code of Laws to establish procedures to verify that new developments within the City that are larger than 50 single family homes or the equivalent will have an adequate water supply. The Planning Commission reviewed this code amendment at a public hearing held on February 19, 2009 and passed a motion recommending approval to City Council (7-0). COMMISSION/BOARD RECOMMENDATION: The ordinance proposes amendments to Chapter 26 of the Wheat Ridge Code of Laws. All changes to Chapter 26 require review and a recommendation from the Planning Commission. A public hearing on this amendment was held before the Planning Commission on Thursday, February 19, 2009. Planning Commission recommended approval of the attached ordinance by a unanimous vote. STATEMENT OF THE ISSUES: - Colorado House Bill HB08-1141 became effective on May 29, 2008. The bill, which applies to all municipalities in the state, concerns the provision of sufficient water supply for new developments. The bill amends Article 20 of Title 29 of the Colorado Revised Statutes. Article 20 pertains to local government regulation of land use. The bill provides that local governments, through their land use approval processes, establish that any new development over a certain size will have sufficient water supply. The size of new development that triggers this requirement is anything over 50 single family equivalent (SFE) dwelling units. The bill establishes three principle ways that an applicant could demonstrate adequate water supply. The bill leaves open to the local government when in their approval process this determination will be made. Local governments are prohibited from approving applications for development permits over 50 SFE unless a determination has been made that they have adequate water supply. The City Attorney's office, after reviewing the new legislation is recommending the City consider adoption of amendments to Chapter 26 of the Wheat Ridge Code of Laws (Zoning and Development). A September 8, 2008 memo from the City Attorney's office is attached for additional discussion and background. The City Attorney's memorandum, along with a draft ordinance was presented at a City Council study session on December 1, 2008. Council supported moving forward with an ordinance. They also directed that the ordinance be slightly amended to clarify the City's expectations as to what constitutes adequate water supply. Specifically, it was Council's direction to ensure that the water supply proposed would be provided from an established water supply provider. The intent was to avoid the potential risk of having a development propose an unproven water supply delivery system or potentially an entirely new water supply entity or system created specifically for one new development. Following is a summary of the highlights of the proposed ordinance. The requirement to demonstrate the adequacy of water supply must be met in conjunction with the earliest development application in the City's zoning and development processes. Often that would be at the time of rezoning of property, such a as a request to rezone to Planned Residential Development. If the property already has appropriate zoning, then the request would typically be met at the time of subdivision plat. The ordinance requires that the development will be served by an existing water supply entity that has been operating within the City for not less than 10 years. • The ordinance allows the City to request a letter from the State Engineer commenting on the applicant's documentation. • The City could also request verification whether the applicant has paid fees to the water supply entity for the purpose of acquiring additional water rights or building additional water supply infrastructure. ALTERNATIVES CONSIDERED: Do not approve the proposed legislation. FINANCIAL IMPACT: None. RECOMMENDED MOTION: "I move to approve Council Bill No 12-2009, Case #ZOA-08-04, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws to require proof of adequate water supply for certain new developments on second reading, and that it takes effect 15 days after final publication" Or, "I move to table indefinitely Council Bill No. 12-2009, Case #ZOA-08-04, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws to require proof of adequate water supply for certain new developments, for the following reason(s): Report Initiated by: Kenneth Johnstone Report Prepared by: Kenneth Johnstone Report Reviewed by: Patrick Goff ATTACHMENTS: 1. Council Bill No. 12-2009 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER WOMBLE Council Bill No. 12-2009 Ordinance No. Series of 2009 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO REQUIRE PROOF OF ADEQUATE WATER SUPPLY FOR CERTAIN NEW DEVELOPMENTS. (Case No. ZOA-08-04) WHEREAS, the purpose and intent of Chapter 26 of the Wheat Ridge Code of Laws is, in part, to facilitate adequate provision for water; sewage, schools, parks and other public improvements; and WHEREAS, H.B. 08-1141, which became effective on May 29, 2008, requires local governments to require the applicant to provide proof of sufficient water supply before approving any new development that includes a new water use in excess of that used by fifty single-family equivalents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-103 of the Wheat Ridge Code of Laws, entitled "Site development review process," is hereby amended by the addition of a new subsection E, which shall read as follows: for any of the approvals listed in the review Process chart, section 26-106 evidence Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 9th day of March, 2009, 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 Monday, March 23, 2009, 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 2009. SIGNED by the Mayor on this day of 2009. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: March 12, Second Publication: Wheat Ridge Transcript Effective Date: CITY COUNCIL MINUTES: March 09,2009 Page -4- Item 6. Council Bill 11-2009 - An Ordinance amending the Wheat Ridge Code of Laws, Article I I I of Chapter 26 Density in Planned Development Districts. (Case No. ZOA-09-10) Council Bill 11-2009 was introduced on first reading by Mrs. Adams. Motion by Mrs. Adams to approve Council Bill 11-2008 on first reading, order it published, public hearing set for Monday, April 13, 2009 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mr. Stites; carried 8-0. Item 7. Council Bill 12-2009 -An Ordinance amending Chapter 26 of the Wheat Ridge Code of Laws to require proof of adequate water supply for certain. new developments. (Case No. ZOA-08-04) Council Bill 12-2008 was introduced on first reading by Mr. Womble. Motion by Mr. Womble to approve Council Bill 12-2008 on first reading, order it published, public hearing set for Monday, March 23, 2009 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by L- Mrs. Sang; carried 8-0. DECISIONS RESOLUTIONS. AND MOTIONS Item 8. Resolution 18-2009 - amending the fiscal year 2009 Open Space Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $185,000 for the purpose of acquiring approximately 1.5 acres of land located at 4593 Parfet Street, for consolidation of the Public Works and Parks Operations Facility. Resolution 18-2009 was introduced by Mrs. Adams. Motion by Mrs. Adams for approval of Resolution 18-2009. 1 further move that costs associated with the purchase of the property located at 4593 Parfet Street be paid from account number 32-601-800-809, and these funds be encumbered in accordance with Ordinance #787, 1989 Series. Seconded by Mr. Stites; carried 8-0. +e City of WheatRdge ITEM NO: n\\v REQUEST FOR CITY COUNCIL ACTION -t COUNCIL MEETING DATE: March 9, 2009 TITLE: COUNCIL BILL NO. 12-2009 - AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO REQUIRE PROOF OF ADEQUATE WATER SUPPLY FOR CERTAIN NEW DEVELOPMENTS (CASE NO. ZOA-08-04) ❑ PUBLIC HEARING ® ORDINANCES FOR 1sT READING (3/09/09) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (3/23/09) ❑ RESOLUTIONS ❑ YES ® NO L h Community 13~61bpD ector City Mana r EXECUTIVE SUMMARY: Council Bill No. 12-2009 responds to legislation enacted by the Colorado Legislature and approved by the Governor in 2008. Colorado House Bill HB08-141, which was enacted in 2008, requires that through the development review and approval process, local municipalities make a determination that certain new developments will have an adequate water supply. The proposed ordinance amends Chapter 26 of the Wheat Ridge Code of Laws to establish procedures to verify that new developments within the City that are larger than 50 single family homes or the equivalent will have an adequate water supply. The Planning Commission reviewed this code amendment at a public hearing held on February 19, 2009 and passed a motion recommending approval to City Council (7-0). COMMISSION/BOARD RECOMMENDATION: The ordinance proposes amendments to Chapter 26 of the Wheat Ridge Code of Laws. All changes to Chapter 26 require review and a recommendation from the Planning Commission. A public hearing on this amendment was held before the Planning Commission on Thursday, February 19, 2009. Planning Commission recommended approval of the attached ordinance by a unanimous vote. STATEMENT OF THE ISSUES: Colorado House Bill HB08-1141 became effective on May 29, 2008. The bill, which applies to all municipalities in the state, concerns the provision of sufficient water supply for new developments. The bill amends Article 20 of Title 29 of the Colorado Revised Statutes. Article 20 pertains to local government regulation of land use. The bill provides that local governments, through their land use approval processes, establish that any new development over a certain size will have sufficient water supply. The size of new development that triggers this requirement is anything over 50 single family equivalent (SFE) dwelling units. The bill establishes three principle ways that an applicant could demonstrate adequate water supply. The bill leaves open to the local government when in their approval process this determination will be made. Local governments are prohibited from approving applications for development permits over 50 SFE unless a determination has been made that they have adequate water supply. The City Attorney's office, after reviewing the new legislation is recommending the City consider adoption of amendments to Chapter 26 of the Wheat Ridge Code of Laws (Zoning and Development). A September 8, 2008 memo from the City Attorney's office is attached for additional discussion and background. The City Attorney's memorandum, along with a draft ordinance was presented at a City Council study session on December 1, 2008. Council supported moving forward with an ordinance. They also directed that the ordinance be slightly amended to clarify the City's expectations as to what constitutes adequate water supply. Specifically, it was Council's direction to ensure that the water supply proposed would be provided from an established water supply provider. The intent was to avoid the potential risk of having a development propose an unproven water supply delivery system or potentially an entirely new water supply entity or system created specifically for one new development. Following is a summary of the highlights of the proposed ordinance. The requirement to demonstrate the adequacy of water supply must be met in conjunction with the earliest development application in the City's zoning and development processes. Often that would be at the time of rezoning of property, such a as a request to rezone to Planned Residential Development. If the property already has appropriate zoning, then the request would typically be met at the time of subdivision plat. The ordinance requires that the development will be served by an existing water supply entity that has been operating within the City for not less than 10 years. The ordinance allows the City to request a letter from the State Engineer commenting on the applicant's documentation. The City could also request verification whether the applicant has paid fees to the water supply entity for the purpose of acquiring additional water rights or building additional water supply infrastructure. ALTERNATIVES CONSIDERED: Do not approve the proposed legislation. FINANCIAL IMPACT: None. "I move to adopt Council Bill No 12-2009, Case #ZOA-08-04, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws to require proof of adequate water supply for certain new developments, order it published, public hearing set for Monday, March 23, 2009 at 7:00 p.m. in Wheat Ridge City Council Chambers, and that it takes effect 15 days after publication. or, "l move to table indefinitely Council Bill No. 12-2009, Case #ZOA-08-04, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws to require proof of adequate water supply for certain new developments, for the following reason(s): Report Initiated by: Report Prepared by: Report Reviewed by ATTACHMENTS: Kenneth Johnstone Kenneth Johnstone Patrick Goff 1. Council Bill No. 12-2009 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 12-2009 Ordinance No. Series of 2009 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO REQUIRE PROOF OF ADEQUATE WATER SUPPLY FOR CERTAIN NEW DEVELOPMENTS WHEREAS, the purpose and intent of Chapter 26 of the Wheat Ridge Code of Laws is, in part, to facilitate adequate provision for water; sewage, schools, parks and other public improvements; and WHEREAS, H.B. 08-1141, which became effective on May 29, 2008, requires local governments to require the applicant to provide proof of sufficient water supply before approving any new development that includes a new water use in excess of that used by fifty single-family equivalents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-103 of the Wheat Ridge Code of Laws, entitled "Site development review process," is hereby amended by the addition of a new subsection E, which shall read as follows: water demand management measures to account f hydrologic variability. The City's considering the application and all of the information provided that the applicant has satisfactorily demonstrated that the proposed water supply will be adequate. The Citv shall make its determination concerning adequate water supply only once during the Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 200_, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 200, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 200 SIGNED by the Mayor on this day of , 200_ Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form. Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: 2 Prospect Recreation has agreed in an intergovernmental agreement to perform maintenance of the landscaping. There are about one hundred homeowners in the enclave north of 44th Avenue who are very concerned about the impact on their properties. She expressed appreciation for the cooperation received from the City of Wheat Ridge and Cabela's in working together with Fairmont to address the community's concerns. Chair BRINKMAN asked if there were others who wished to address the Commission. Hearing no response, she closed the public hearing. It was moved by Commissioner MATTHEWS and seeon ed by Commissioner STEWART to recommend approval of Case No. WZ-08-09, a request for approval of A-1 zoning for properteing~onsidered for annexation to the City located east of 14802 Weft 44t" A~nue, including the rights-of-way for State Highway 58, the propbsel interchange for Highway 58 and Cabela Drive, Cabela Drive between the new interchange and West 44th Avenue and right-of-way for WestA th Avenue from west of Holman Street extending approximately 4560 feetito the east for the following reasons: 1. Zoning must be in 2. A-1 zoning is appr The motion Dassed 7-0. 0 90 days An ordinance amending Chapter 26 to require supply to ertain new developments. He reviewed the staff report. The responds to legislation enacted by the Colorado 3vernor in 2008. Colorado House Bill HB 08- opment review and approval process, local m that certain new developments will have an Commission DYER asked if the ordinance would prohibit well water from being used asuater supply for a new development. Ken Johnstone explained that use of well water is already prohibited as a water supply for new development. Commissioner DWYER asked what the rationale was to prevent formation of new water districts. Mr. Johnstone explained that this was, in part, an attempt to eliminate the confusion from having so many existing water districts within the city. In response to a question from Chair BRINKMAN, Mr. Johnstone explained that this would not impact water districts who wish to merge. Planning Commission Minutes 3 February 19, 2009 It was moved by Commissioner TIMMS and seconded by Commissioner STEWART to recommend approval of the proposed ordinance amending Chapter 26 of the Code of Laws to require that certain development applications provide proof of adequate water supply. The motion passed 7- 0. 8. 9. OTHERITEMS A. A joint study session with the Board of Adjustment and Planning Commission is scheduled for March 5, 2009 in the.City Council Chambers to discuss development standards for residential~goriesa~, B. The Wheat Ridge Urban Renewal Commission and City Council to p.m. The consultant who is worki City will be giving a presentation conditions survey. ADJOURNMENT It was moved by Comm TIMMS to adjourn the rity has invited the Planning its ,meeting onMarch 3 at 6:00 future urbanrenewal plans for the Anne Ann Lazzeri, Secretary Planning Commission Minutes 4 February 19, 2009 City of Wheatr~dge PLANNING COMMISSION CommumTV DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: February 19, 2009 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO REQUIRE PROOF OF ADEQUATE WATER SUPPLY FOR CERTAIN NEW DEVELOPMENTS CASE NO. ZOA-08-04 ® PUBLIC HEARING ® CODE CHANGE ORDINANCE Case Manager: Kenneth Johnstone, AICP, Director of Community Development Date of Preparation: February 12, 2009 SUMMARY: This proposed zoning code amendment responds to legislation enacted by the Colorado Legislature and approved by the Governor in 2008. Colorado House Bill HB08-1141 requires that through the development review and approval process, local municipalities make a determination that certain new developments will have an adequate water supply. Notice for this public hearing was provided as required by the Code of Laws. BACKGROUND: Colorado House Bill HB08-1141 became effective on May 29, 2008. The bill, which applies to the City, concerns the provision of sufficient water supply for new developments. The bill amends Article 20 of Title 29 of the Colorado Revised Statutes. Article 20 pertains to local government regulation of land use. The bill provides that local governments, through their land use approval processes, establish that any new development over a certain size will have sufficient water supply. The size of development that triggers this new requirement is anything over 50 single family equivalent (SFE) dwelling units. The bill establishes three principle ways that an applicant could demonstrate adequate water supply. The bill leaves open to the local government when in their approval process this determination will be made. Local governments are prohibited from approving applications for development permits over 50 SFE unless a determination has been made that they have adequate water supply. After reviewing the new legislation, the City Attorney's office is recommending that the City consider adoption of amendments to Chapter 26 of the Wheat Ridge Code of Laws (Zoning and Development). A September 8, 2008 memo from the City Attorney's office is attached for additional discussion and background. The City Attorney's memorandum, along with a draft ordinance, was presented at a City Council study ZOA-08-04/Proof of Adequate Water Supply t session on December 1, 2008. Council supported moving forward with an ordinance. They also directed that the ordinance be slightly amended to clarify the City's expectations as to what constitutes adequate water supply. Specifically, it was Council direction to ensure that the water supply proposed would be provided from an established water supply provider. The intent was to avoid the potential risk of having a development propose an unproven water supply delivery system or potentially an entirely new water supply entity or system created specifically for one new development. Consistent with City Council's direction and the new State legislation, the attached ordinance would amend Section 26-103 of the Wheat Ridge Code of Laws. As with all amendments to Chapter 26 (Zoning and Development), it requires review by the Planning Commission at a public hearing, with the Commission's recommendation then forwarded to City Council for consideration. Following is a summary of the highlights of the proposed ordinance. The requirement to demonstrate the adequacy of water supply must be met in conjunction with the earliest development application in the City's zoning and development processes. Often that would be at the time of rezoning of property, such a as a request to rezone to Planned Residential Development. If the property already has appropriate zoning, then the request would typically be met at the time of subdivision plat. The ordinance requires that the development will be served by an existing water supply entity that has been operating within the City for not less than 10 years. The ordinance allows the City to request a letter from the State Engineer commenting on the applicant's documentation. The City could also request verification as to whether the applicant has paid fees to the water supply entity for the purpose of acquiring additional water rights or building additional water supply infrastructure. RECOMMENDED MOTION: "I move to recommend approval of the proposed ordinance amending Chapter 26 of the Code of Laws to require that certain development applications provide proof of adequate water supply." Exhibits: Proposed Ordinance Memo from City Attorney dated September 8, 2008 ZOA-08-04/Proof of Adequate Water Supply CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2009 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO REQUIRE PROOF OF ADEQUATE WATER SUPPLY FOR CERTAIN NEW DEVELOPMENTS WHEREAS, the purpose and intent of Chapter 26 of the Wheat Ridge Code of Laws is, in part, to facilitate adequate provision for water; sewage, schools, parks and other public improvements; and WHEREAS, H.B. 08-1141, which became effective on May 29, 2008, requires local governments to require the applicant to provide proof of sufficient water supply before approving any new development that includes a new water use in excess of that used by fifty single-family equivalents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-103 of the Wheat Ridge Code of Laws, entitled "Site development review process," is hereby amended by the addition of a new subsection E, which shall read as follows: E All site development that includes new water use in an amount more than that used by fifty single-family equivalents shall provide, concurrently with the first application water demand management measures to account for hydrologic variability. The City's determination as to whether the proposed water supply is adequate to serve the proposed development shall be based upon: (i) evidence that the development will be shall make its determination concerning adequate water supply only once during the development permit approval process unless the water demands or supply of the specific project for which the development permit is sought are materially chanoed. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 200, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 200, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 200. SIGNED by the Mayor on this day of , 200. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: MU} RAY D3 KU E:04-4 Erg T,4E:iSTER R E N.4 tJ. t~ I- L6 2401 15tlm _ Sit=_200 P=_anc '305..493.6--0 F. 303A7-.09155 MEMORANDUM TO: Ken Johnstone, Director of Community Development FROM: Gerald E. Dahl, Debra S. Kalish, City Attorney's Office DATE: September 8, 2008 RE: HB 08-1141 concerning proof of adequate water supply for new development On May 29, 2008, HB 08-1141, became effective. The bill, which applies to the City, concerns sufficient water supplies for land use approval. This memorandum summarizes the contents of that bill and makes suggestions for changes to the City's Code of Laws to incorporate the new statutory requirement. Article 20 of Title 29 empowers local governments to regulate land use. For context, some of the more familiar sections include provisions for impact fees (29-20-104.5), intergovernmental cooperation (29-20-1-5). The bill amends Article 20 in two important ways: The bill amends the definition of "development permit," which now reads: (1) "Development permit" means any preliminary or final approval of an application for rezoning, planned unit development, conditional or special use permit, subdivision, development or site plan, or similar application for new construction. EXCEPT THAT, FOR PURPOSES OF PART 3 OF THIS ARTICLE, "DEVELOPMENT PERMIT" IS LIMITED TO AN APPLICATION REGARDING A SPECIFIC PROJECT THAT INCLUDES NEW WATER USE IN AN AMOUNT MORE THAN THAT USED BY FIFTY SINGLE- FAMILY EQUIVALENTS, OR FEWER AS DETERMINED BY THE LOCAL GOVERNMENT. When, in the newly added part 3, the term "development permit" is used, it applies only to those applications for permits for development which will require new water use in excess of 50 single-family equivalents ("SFE"). Memo: HB 1141: proof of adequate water supply for new development September 8, 2008 Page 2 of 4 2. The bill adds the new part 3 (that is, Sections 29-20-301 through 29-20- 306). Briefly, these sections do the following: Section 29-20-302, Definitions, provides that "adequate" means a water supply that will be sufficient for build-out of the proposed development in terms of water quality, quantity, dependability, and availability. This may include reasonable conservation measures and water demand management. "Water supply entity" means municipalities, counties, special districts, water conservancy districts, and water authorities or other public or private water supply company that supplies, distributes or otherwise provides water at retail. Section 29-20-303 prohibits local governments from approving an application for a development permit (and remember in this section that means if the project would use water in excess of that used by 50 SFE) unless the local government determines, in its sole discretion and after reviewing all information provided, that the applicant has satisfactorily demonstrated that the proposed water supply will be adequate. The local government only has to make this determination once, unless the project changes such that the water demands or supply are materially changed. The local government can decide when in the process this determination should be made. This section does not require that the applicant own or have acquired the proposed water supply or constructed the necessary infrastructure at the time of the application.. Section 29-20-304 provides three ways for an applicant to prove an adequate water supply. The applicant may provide the following information: • An estimate of the water supply required for the proposed development at build-out; • A description of the physical source of the water supply; • An estimate of the amount of water yield projected from the proposed water supply under various hydrologic conditions; • Water conservation measures that will be employed in the development, if any • Water demand management measures, if any, that maybe implemented within the development to account for hydrologic variability; and • Any other information required by the local government. 2. If the development will be served by a water supply entity, the local government may allow the applicant to submit a letter from a registered professional Memo: HB 1141: proof of adequate water supply for new development September 8, 2008 Page 3 of 4 engineer or by a water supply expert from the water supply entity stating whether it is willing to commit and its ability to provide an adequate supply of water for the development. At a minimum, the letter must also include the same information as listed in the bullet points above. 3. A third alternative is to provide a letter from a water supply entity that has a water supply plan that • has been reviewed and updated within the previous ten years by the governing body of the water supply entity; • has a 20-year planning horizon • lists the water conservation measures that may be implemented within the service area; • lists the water demand management measures that may be implemented within the development • includes a general description of the water supply entity's water obligations; • includes and general description of the water supply entity's water supplies; and • is on file with the local government. The basis for a local government determining that the water supply is adequate is detailed in Section 29-20-305. This includes: 1. the information required by Section 29-20-304; 2. if requested by the local government, a letter from the state engineer commenting on the documentation required by Section 29-20-304; 3. whether the applicant has paid a fee or charge to a water supply entity for the purpose of acquiring water for or expanding or constructing the infrastructure to serve the proposed development; and 4. any other information deemed relevant by the local government, including any information required to be submitted by the applicant pursuant to the local governments land use regulations or state statutes. Recommendation Chapter 26 of the Code of Laws references water supply in 3 places: • Section 26-102 states that the "intent and purpose of the zoning code of the City of Wheat Ridge is to facilitate adequate provision for water, sewage, schools, parks and other public improvements; • Section 26-112, Private rezoning, subsection C.4. e. requires that all applications for rezoning shall be accompanied by written information and Memo: HB 1141: proof of adequate water supply for new development September 8, 2008 Page 4 of 4 shall include: present and future effect on public facilities and services, such as fire, police, water, sanitation, roadways, parks, schools, etc. • Section 26-412, Required subdivision improvements, subsection D., provides that "All lots shall be served by public water and sanitary sewer lines through the appropriate district." These ordinances do suggest that the City will review a development's impact on water supply and that developers must ensure adequate water supply for their developments. However, they are limited to the private rezoning and subdivision processes and do not reach the level of specificity required by the bill. Because this statute concerns an area generally considered to be a matter of local concern rather than state concern, the City, as a home rule municipality, could argue that it has already addressed the matter and that the statute does not govern it. However, the legislative declaration in Section 2 of the bill, the general assembly states: ...while land use and development approvals decisions are matters of local concern, the enactment of this Part 3, to help ensure the adequacy of water for new developments, is a matter of statewide concern and necessary for the preservation of public health, safety and welfare and the environment of Colorado. While it is true that a simple declaration by the general assembly does not make a local matter a matter of statewide concern, this declaration does make the City's argument less powerful. As a result, we recommend that the City adopt a new requirement that would apply to each of the land use approvals listed in the bill (rezoning, PUD, condition or special use permit, subdivision, site plan or similar process). We propose drafting a fairly simple ordinance that would require a letter from the serving water district, as is permitted pursuant to Section 29-20-304(2). When you have had a chance to review the matter, please give us a call to discuss how to best proceed. 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 February 19, 2009, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 291h Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. The following case shall be heard: Case No. ZOA-08-04: An ordinance amending Chapter 26 to require proof of adequate water supply for certain new developments Kathy Field, Administrative Assistant ATTEST: Michael Snow, City Clerk To Be Published: Wheat Ridge Transcript Date: February 12, 2009 - - Use ~ n j City of Wheat j idge COMMUNITY DEVELOPMENT Memorandum TO: Honorable Mayor and City Council THROUGH: Randy Young, City Manager FROM: Ken Johnstone, Community Development Director DATE: November 25, 2008 SUBJECT: An Ordinance Amending Chapter 26 to require proof of adequate water supply for new developments Colorado House Bill HB08-1141 became effective on May 29, 2008. The bill, which applies to the City, concerns the provision of sufficient water supply for new developments. The bill amends Article 20 of Title 29 of the Colorado Revised Statutes. Article 20 pertains to local government regulation of land use. The bill provides that local governments, through their land use approval processes, establish that any new development over a certain size will have sufficient water supply. The size of development that triggers this new requirement is anything over 50 single family equivalent (SFE) dwelling units. The bill establishes three principle ways that an applicant could demonstrate adequate water supply. The bill leaves open to the local government when in their approval process this determination will be made. Local governments are prohibited from approving applications for development permits over 50 SFE unless a determination has been made that they have adequate water supply. The City Attorney's office, after reviewing the new legislation is recommending the City consider adoption of amendments to Chapter 26 of the Wheat Ridge Code of Laws (Zoning and Development). A September 8, 2008 memo from the City Attorney's office is attached for additional discussion and background. The City Attorney's office has drafted a proposed ordinance amending Chapter 26 (attached). In summary, the ordinance would amend the Wheat Ridge Code to require that any new development over 50 SFE demonstrate sufficiency of water rights at the first of any of the various development approvals required by the City. Demonstration of sufficiency of water rights could be achieved through any of the three (3) ways outlined in H1308-1141. With City Council direction, Staff will schedule the proposed ordinance for a hearing before the Planning Commission. Page 1 of 1 Kenneth Johnstone From: Kenneth Johnstone Sent: Tuesday, November 18, 2008 2:54 PM To: Patrick Goff; Robbe Thibault Subject: City Council memo for 12-1-08 SS Attachments: MEMO HB 1141 (sufficiency of water for development)(2).doc; Ordinance 10-22-08.doc; City Council memo for 12-1 SS.dot Attached are a staff memo and two attachments (City Attorney memo and draft Ordinance) for a staff report on the December 1 SS. The agenda item is "Ordinance Amending Chapter 26 Concerning Proof of Adequate Water Supply". Please let me know if you have any questions. Thanks. Ken Johnstone, AlCP Community Development Director 7900 W. 29th Avenue Wheat Ridge, Colorado 50033 Office Phone: 303-235-2844 Fax: 303-234-281 _4 www.e i.wheatr idea. co, us Ofy of at Qjcdac '~CpAln4t,N31Y j~7 Cl'i KSChitN I CONFIDENTIALITY NOTICE: This e-mail contains business-confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage on use of this communication is prohibited If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any netwmic to which your computer is connected. Thank you. 11/18/2008 Case No.: OA0804._ App: Last Name: Citywide App: First Name: F Owner: Last Name Owner: First Name. _ App Address: City, State Zip: App: Phone: _ Owner Address: City/State/Zip: Owner Phone: Project Address: Street Name: I _ City/State, Zip: Quarter Section Map No.: Related Cases: r_ Case History: Ordinance amending Chapter 26 to regmre proof of adequate water supply or certain new Review Body: APN: 2nd Review Body: 2nd Review Date: Decision-making Body: Approval/Denial Date: Reso/Ordinance No.: Case Disposition: Project Planner: _ohnstone,__ File Location: [Active Notes: Follow-Up:- IPC. Conditions of Approval: i District: I Date Received: 1012812008_._ Pre-App Date: