HomeMy WebLinkAbout04/12/2004
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6:30 p.m. Pre-Meeting
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CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
April 12, 2004
7:00 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES OF March 22. 2004
PROCLAMATIONS AND CEREMONIES
Crime Victims' Rights Week - April 18-24, 2004
National Kite Week - April 19 through April 25, 2004
CITIZENS' RIGHT TO SPEAK
(JvV
1. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of
3 Minutes and sign the Public Comment Roster,
2 Citizens who wish to speak on Agenda Items, please sign the GENERAL
AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is
called to be heard
A, Paul Dextras, Fire Chief, Arvada Fire Protection District.
APPROVAL OF AGENDA
Item 1,
Consent Aaenda:
A. Approve Award ITB-04-009 Concrete Rehab Project.
B. Approve Award ITB-04-010 Overlay Project.
C Approve Award RFB-04-007 Trailer Mounted Brush Chipper.
D. Approve Award ITB-04-013 Clear Creek Trail Improvements.
E. Approval of the Revised Personnel Policies
CITY COUNCIL AGENDA: April 12, 2004
Page -2-
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2.
COUNCIL BILL 05-2004 - AN ORDINANCE AMENDING CHAPTER 26
OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PLANNED
DEVELOPMENT DISTRICT REGULATIONS
(Case No ZOA-03-14)
COUNCIL BILL 06-2004 - AN ORDINANCE AMENDING CHAPTER 26
OF THE WHEAT RIDE CODE OF LAWS PERTAINING TO EXPIRATION
OF DEVELOPMENT PLANS.
(Case No, ZOA-03-17)
ORDINANCES ON FIRST READING
Item 3.
COUNCIL BILL 07-2004 -AN ORDINANCE AMENDING CHAPTER 26
OF THE WHEAT RIDE CODE OF LAWS PERTAINING TO
COMMERCIAL AND INDUSTRIAL LAND USES.
(Case No. ZOA-04-01)
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 4.
Item 5.
Chief Edward Pinson Memorial.
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
art
CITY OF WHEAT RIDGE, COLORADO
Municipal Building, Council Chambers
7500 West 29th Avenue
March 22, 2004
Mayor Cerveny called the Regular City Council Meeting to order}ll: 7:00 p,m, SOuncilmemb~rs
present: Jer~ DiTullio: Karen ~rry, Dean Gokey', Wanda Sang, Karen Adams, Mike Stites,
Lena Rotota, and Larry Schulz. Also present: City Clerk, Pamela Anderson; City Manager,
Randy Young; City Attorney, Gerald Dahl; Director of Community Development, Alan White;
Director of Parks and Recreation, Joyce Manwaring; staff; and interested citizens.
APPROVAL OF MINUTES OF March 8, 2004
Motion by Mr. DiTullio to approve the Minutes of March 8,2004; seconded by Mr. Schulz;
carried 8-0,
PROCLAMA TlONS AND CEREMONIES
Swearing in Ceremony for Wheat Ridge Boards and Commissions,
The following members were given the Oath of Office by Mayor Cerveny:
Susan Seeds, Park and Recreation Commission
Robert Alldredge, Liquor Licensing Authority
Robert Howard, Board of Adjustment
Kimberly Fear, Animal Welfare and Control Commission
APPROVAL OF AGENDA
Motion by Mr DiTullio to amend the agenda to include Item 10: Ratification of
Appointment of Kent Davis to the Wheat Ridge Housing authority; seconded by Mrs.
Sang; carried 8-0.
CITY COUNCIL MINUTES: March 22, 2004
3
Motion by Mr. DiTullio to approve Council Bill 03-2004 (Ordinance No. 1318), on second
reading, and that it take effect 15 days after final publication with the following
amendments:
1, Add the following language to paragraph J: "Requests for variances under
this subsection J shall not be charged a fee if the request is filed by
December 31,2004."
2, Delete the words "horse trailer" from the definition of trailer in Section 26-123.
3. Replace paragraph D with the following, "Recreational vehicles or trailers
stored in a side yard need not meet any setback requirements. Recreational
vehicles or trailers exceeding six (6) feet in height stored in a back yard must
meet the side yard setback requirements for accessory structures for the
zone district in which the recreational vehicle or trailer is stored. The rear yard
setback for recreational vehicles or trailers exceeding six (6) feet in height
shall be five (5) feet in all residential zone districts".
4, Add the following to paragraph C after the third sentence: "Any vehicle or
trailer lying partially between the street and the front walls of the structure
shall be considered to be parked or stored in the front yard"
5, Add the following the end of paragraph B: "In determining if a trailer is exempt
or not exempt from the provisions of this paragraph B, the height of the trailer
will depend upon whether the trailer is loaded or not. A trailer that is exempt in
an unloaded condition shall not be considered exempt in a loaded condition if
the trailer plus load exceeds six (6) feet in height"
6, Add to the end of paragraph J "Any variance granted by either the
Community Development Director or the Board of Adjustment shall be a grant
of variance to the property owner only"
Seconded by Mrs. Sang and Mrs, Rotola.
Motion by Ms. Berry to amend the original motion to strike #3 of the main motion and
add the following to Paragraph 4 of Attachment 4. "Recreational vehicles and trailers
less than six feet in height stored in a back yard do not need to meet rear and side
setbacks." Seconded by Mr. DiTullio; carried 7-1, with Mrs. Sang voting no
Mrs. Sang is opposed to the amendment because she believes that sheds or out-
buildings and recreational vehicles should have the same setbacks.
Original Motion as amended carried 8-0
Mr. White wished to thank the participants in this process,
CITY COUNCIL MINUTES: March 22, 2004
5
Ten Minute Recess at 9:35 p,m.
Council reconvened at 9:46 p.m.
ORDINANCES ON FIRST READING
Item 5.
COUNCIL BILL 05-2004: AN ORDINANCE AMENDING CHAPTER 26 OF
THE WHEAT RIDGE CODE OF LAWS REGARDING PLANNED
DEVELOPMENTS.
(Case No lOA-03-14)
Motion by Ms. Berry to approve Council Bill 05-2004 (Case No. lOA-03-14), ordered
published, public hearing set for April 12, 2004, at 7'00 p.m, in the City Council
Chambers, and that it take effect 15 days after final publication, seconded by Mrs. Sang
and Mrs Rotola, carried 8-0.
Item 6.
COUNCIL BILL 06-2004: AN ORDINANCE AMENDING CHAPTER 26 OF
THE WHEAT RIDGE CODE OF LAWS PERTAINING TO EXPIRATION
OF DEVELOPMENT PLANS
(Case No lOA-03-17)
Motion by Mr. Stites to approve Council Bill 06-2004 (Case No lOA-03-17), ordered
published, public hearing set for April 12, 2004, at 7:00 p.m. in the City Council
Chambers, and that it take effect 15 days after final publication; seconded by Mr. Schulz
and Mrs Rotola, carried 8-0,
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 7.
Board and Commission Appointments,
District II
Motion by Mrs. Sang to appoint James A. Chilvers to the Planning Commission, term
to expire March 2, 2007, seconded by Mr. Gokey; carried 8-0.
District III
Motion by Mrs, Adams to appoint Janet Bell to the Board of Adjustment, term to expire
March 2, 2006; seconded by Mr. Stites; carried 8-0.
District IV
Motion by Mrs Rotola to appoint Shirley Sandeman to the Wheat Ridge Foundation
Board, term to expire March 2, 2005; seconded by Mr Schulz; carried 8-0
CITY COUNCIL MINUTES: March 22, 2004
6
Item 8.
Resolution 07-2004: Regarding Support of RTD's FasTracks Plan
Motion by Mr Schulz to adopt Resolution 07-2004 regarding support of RTD's
FasTracks Plan, Seconded by Mr. DiTullio, carried 8-0.
Item 9.
Resolution 06-2004 Amending the Fiscal Year 2004 General Fund
Budget to Reflect the Approval of a Supplemental Budget Appropriation
for the Legislative Services Budget.
Motion by Mrs Sang to approve Resolution No 06-2004, a budget supplemental
appropriation from the General Fund undesignated reserves to the Legislative Services
budget in the amount of $13,900.00 into account 01-102-700-702 for
conferences/meetings, $2,607 00 into account 01-102-650-660 for operating supplies
and $750,00 into account 01-102-650-651 for office supplies; Seconded by Mrs. Rotola;
carried 8-0,
Item 10.
Resolution 05-2004: Amending the Fiscal Year 2004 Capital
Improvements Projects Budget to Reflect the Approval if a Reduction of
Appropriations
Motion by Mr. DiTullio to adopt Resolution 05-2004 amending the fiscal year 2004 CIP
budget to reflect a reduction of appropriations as follows: $50,000 in account number
30-303-800-888, Infill Curb, Gutter and Sidewalk Projects; $100,000 in account number
30-304-800-844, Neighborhood Traffic Management Projects; and $200,000 in account
number 30-306-800-805, 38th Avenue, Kipling to Youngfield Undergrounding Project;
seconded by Mrs, Sang; carried 7-1 with Mr. Gokey opposed.
ELECTED OFFICIALS' MATTERS
Mayor Gretchen Cerveny announced that the Agency on Aging will be conducting a
phone survey in late March There will be a series of public meetings regarding the EIS
Northwest Quadrant on April 14th at the School of Mines, April 15th at the Arvada
Center, and April 21st in Broomfield
City Clerk Pam Anderson asked that appointees to the Boards and Commissions
make an appointment with the office of the City Clerk to receive the Oath of Office They
can call the office at (303) 235-2823.
Councilor DiTullio announced that the 1st Monday Meeting for District 1 has been
cancelled for the month of April. He wishes to thank Pam Anderson and the City Clerk's
Office for working on expanding the Office of the Mayor and the City Council, and he
wanted to acknowledge Councilor Adams and Councilor Sang who worked on the
budget with staff,
---
CITY COUNCIL MINUTES: March 22, 2004
7
Councilor Adams wished to thank the residents of Cambridge for the meeting they
hosted for the Wheat Ridge Police Department. Mrs. Adams asked for a Consensus to
have as a topic at the next available Study Session education and information on Code
Enforcement and the procedures; Consensus carried 8-0.
Councilor Stites announced the District III 1st Monday Meeting in April and said that
the Police Department will be making their presentation at that time. He wished to thank
staff and the public that took part in the process for the parl<ingl RV ordinance. He said
that it just shows what can happen when people work together
Councilor Rotola made an announcement regarding Jefferson County Housing
Authority and the many services and programs that they provide.
Councilor Schulz wanted to recognize the value of grassroots participation in City
Council and community activities. He wished to encourage the public to continue to
come out and talk to them, He invited citizens to the District IV 1st Monday Meeting for
April. He announced a Clean-up Day planning meeting for April 20th regarding a
possible Saturday Clean-Up Day on May 8th
Meeting adjourned at 10'08 p.m
Pamela Y. Anderson, City Clerk
APPROVED BY CITY COUNCIL ON APRIL 12,2004 BY A VOTE OF _ to_
Wanda Sang, Council President
The preceding Minutes were prepared according to '47 of Robert's Rules of Order,
Le they contain a record of what was done at the meeting, not what was said by the
members Tape recordings and video recordings of the meetings are available for
listening or viewing in the City Clerk's Office, as well as copies of Ordinances and
Resolutions.
PROCLAMATION
CRIME VICTIMS' RIGHTS WEEK
APRIL 18 - 24, 2004
WHEREAS, we as a Nation recognize crime victims' suffering, struggles and loss, and value them as our
family members and friends, neighbors and coworkers who have been hanned by crime; and
WHEREAS, we as individuals and communities value core rights for crime victims that allow them to
participate in justice processes with rights to infonnation, protection, restitution, and to be heard; and
WHEREAS, we value the critical assistance and services that provide for crime victims' basic needs, such
as fair treatment, dignity. respect and information, and the life essentials, such as safe housing, food, support
for their children, transportation, counseling and medical services; and
WHEREAS, we value those among us who work on behalf of crime victims to not only improve rights,
services and treatment of victims of crime, but to also build a better and more just community and country;
and
WHEREAS, we value our rights to be free from violence, to be safe in our homes and to live in peace in our
communities; and
WHEREAS, America as a Nation values liberty and justice for all, including efforts to protect, enhance and
expand crime victims' rights and servIces; and
-
WHEREAS, America has joined together annually for the past 24 years to recognize the needs and rights of
crime victims and survivors;
NOW, THEREFORE BE IT RESOLVED THAT, the City of Wheat Ridge proclaims the week of April
18 through 24, 2004 to be Crime Victims' Week, and honor crime victims and those who serve them during
this week and throughout the year; and be it further
RESOL VED, that as individuals, as communities and as a nation, we continue to value crime victims and
survivors, and to value justice in our nation that includes and involves crime victims; and be it further
RESOLVED, that a suitably prepared copy of this proclamation be presented to Victim Outreach
Infonnation, Inc.
IN WITNESS WHEREOF, I have hereunto set my hand and Seal of the City of Wheat Ridge this 12th day
of April, 2004
Gretchen Cerveny, Mayor
Pamela Y. Anderson, City Clerk
PROCLAMATION
A DIRECTIVE FOR ALL CITIZENS
YOUNG AND OLD
TO HEAR; CHERISH; TO COMPLY
When in the course of human events a discrepancy appears, this Council rises quickly to
bridge the gap. We have noted that the expression "Go Fly a Kite" has sunk into the morass of
shame. There upon we pen these words of healing:
WHEREAS, children, blue skies, and kites go hand-in-hand; and
WHEREAS, Colorado skies sparkle with beauty as kites soar on high; and
WHEREAS, all citizens are young at heart; and
WHEREAS, this City Council need no longer cringe when told "Go Fly a Kite"?
NOW, THEREFORE, the Mayor and City Council for the City of Wheat Ridge,
Colorado do solemnly decree the week of April 19, through April 25, 2004, be designated as
National Kite Week and the last Sunday of April to be known in perpetuity as:
NATIONAL KITE DAY
IN WITNESS WHEREOF, I have hereunto set my hand and Seal of the City of Wheat
Ridge this 12th day of April, 2004.
Gretchen Cerveny, Mayor
Pamela Y. Anderson, City Clerk
Introduction of Consent Agenda
"Item Number 1 Consent Agenda"
After introduction of the Consent Agenda the
Mayor will inquire whether Council wishes to pull
any items from the Consent Agenda.
Motion Language for Consent Agenda:
"I move to approve Consent Agenda Items A. B.
and C. as printed."
* If an agenda item(s) is pulled from the consent
agenda, the motion would be revised as follows
(this assumes items B is pulled).
"I move to approve consent Agenda Items A.
and C. as printed"
Introduction of Consent Agenda
"Item Number 1 Consent Agenda"
After introduction of the Consent Agenda the
Mayor will inquire whether Council wishes to pull
any items from the Consent Agenda.
Motion Language for Consent Agenda:
"I move to approve Consent Agenda Items A. B.
and C. as printed."
* If an agenda item(s) is pulled from the consent
agenda, the motion would be revised as follows
(this assumes items B is pulled).
"I move to approve consent Agenda Items A.
and C. as printed"
Introduction of Consent Agenda
"Item Number 1 Consent Agenda"
After introduction of the Consent Agenda the
Mayor will inquire whether Council wishes to pull
any items from the Consent Agenda.
Motion Language for Consent Agenda:
"I move to approve Consent Agenda Items A. B.
and C. as printed."
* If an agenda item(s) is pulled from the consent
agenda, the motion would be revised as follows
(this assumes items B is pulled).
"I move to approve consent Agenda Items A.
and C. as printed"
Introduction of Consent Agenda
"Item Number 1 Consent Agenda"
After introduction of the Consent Agenda the
Mayor will inquire whether Council wishes to pull
any items from the Consent Agenda.
Motion Language for Consent Agenda:
"I move to approve Consent Agenda Items A. B.
and C. as printed."
* If an agenda item(s) is pulled from the consent
agenda, the motion would be revised as follows
(this assumes items B is pulled).
"I move to approve consent Agenda Items A.
and C. as printed"
Introduction of Consent Agenda
"Item Number 1 Consent Agenda"
After introduction of the Consent Agenda the
Mayor will inquire whether Council wishes to pull
any items from the Consent Agenda.
Motion Language for Consent Agenda:
"I move to approve Consent Agenda Items A. B.
and C. as printed."
* If an agenda item(s) is pulled from the consent
agenda, the motion would be revised as follows
(this assumes items B is pulled).
"I move to approve consent Agenda Items A.
and C. as printed"
Introduction of Consent Agenda
"Item Number 1 Consent Agenda"
After introduction of the Consent Agenda the
Mayor will inquire whether Council wishes to pull
any items from the Consent Agenda.
Motion Language for Consent Agenda:
"I move to approve Consent Agenda Items A. B.
and C. as printed."
* If an agenda item(s) is pulled from the consent
agenda, the motion would be revised as follows
(this assumes items B is pulled).
"I move to approve consent Agenda Items A.
and C. as printed"
Introduction of Consent Agenda
"Item Number 1 Consent Agenda"
After introduction of the Consent Agenda the
Mayor will inquire whether Council wishes to pull
any items from the Consent Agenda.
Motion Language for Consent Agenda:
"I move to approve Consent Agenda Items A. B.
and C. as printed."
* If an agenda item(s) is pulled from the consent
agenda, the motion would be revised as follows
(this assumes items B is pulled).
"I move to approve consent Agenda Items A.
and C. as printed"
Introduction of Consent Agenda
"Item Number 1 Consent Agenda"
After introduction of the Consent Agenda the
Mayor will inquire whether Council wishes to pull
any items from the Consent Agenda.
Motion Language for Consent Agenda:
"I move to approve Consent Agenda Items A. B.
and C. as printed."
* If an agenda item(s) is pulled from the consent
agenda, the motion would be revised as follows
(this assumes items B is pulled).
"I move to approve consent Agenda Items A.
and C. as printed"
Greenbelt notes, 4/12/2004
.
From John McMillin, 9801 West 38th Ave,
My first exposure to Wheat Ridge city affairs came over 10 years
ago. As a reporter, I sat through lengthy, detailed and passionate
discussions of a proposal to repave the entire Greenbelt Trail in concrete
It left rile with three positive impressions: These folks really care about their
parks, they believe in open discussion, and they reached a good
compromise, keeping the asphalt but selectively widen and improve the
trail
These days, I see a more worrisome pattern at work We're
converting to a concrete trail in a piecemeal fashion, hiding the decIsions
on the consent aganda, There is lIittle publicity of the issue, poor research
on our alternatives Without any overall consenus, we make deciSions that
outrage significant intrest groups, be they horse owners or walkers With
senstive feet. Both species find concrete much less pleasant than the softer
asphalt surface,
My own objection to a concrete trail is aesthetic The white concrete
glares in the sunlight and remains so bright at night that it can't blend to the
natural secenry like asphalt did And it didn't take long for the newest
section concrete trail to be marked With graffiti Then it was defaced again
as the city painted over that with mismatching paint. The result is already
becoming patchy, distracting and unattractive.
I question the maintenance cost savings that are claimed for
concrete trails. If the savings truly exist, they will be felt years in the future.
Right now, our city is in financial trouble We can't afford to make many
worthwhile investments in city planning or public safety Perhaps we hire
school crossing guards, or refit the rec center to run on solar energy?
Maybe we ought to reopen a teen center to give adolescents somethimng
other to pass the the time than tagging our trails?
Until we have a better fund balance and we can convene more of
the public to discuss the relative merits of various capital improvements
that are possible, I urge you to hold off on this and maintain a status quo
that many of us find just fine, thank you
ITEMNO: _I , A J
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
April 12, 2004
TITLE:
APPROVE AWARD ITB-04-009 2004 CONCRETE REHAB
PROJECT
o PUBLIC HEARING
l8] BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date:
o ORDINANCES FOR 2ND READING
)
~llllSi-JuClicial:
o
Yes /
[8J
No
G~~<~
City M er
EXECUTIVE SUMMARY:
The 2004 Concrete Rehab Project was ClevelopeCl to upgraCle existing ADA curb ramps on the streets
proposeCl for overlay this year. This project also includes concrete replacement at the City Hall
parking lots anCl Clrives. The project is a part of on-going maintenance to keep the concrete street
elements in a gooCl and safe conClition. On March 2, 2004, ten (10) bids were received. The apparent
low bidCler was Citywide Enterprises, Golden, Colorado in the total amount of$176,876.25. Their
proposal met all of the bid requirements and company references anCl experience was evaluated by
Public Works Staff. As the bid prices were sufficiently below the Engineer's Estimate, Staff is
recommending that concrete repairs be made in the next priority area, that being the northwest portion
of the City. A list of locations of the additional work is attached. The cost of adding the additional
work by change order is $99,823.55. It is recommended that the project be awardeCl to the lowest
responsive bidder, Citywide Enterprises in the amount of$276,699.80.
COMMISSIONIBOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
Bids for the 2004 Concrete Rehab Project, #S-PM-OI-04, were opened on Tuesday, March 2, 2004.
Ten (to) bids were received. The bids ranged from $176,876.25 to $277,962.50. The Engineer's
Estimate was $305,732.50. The lowest responsible and responsive bidder, Citywide Enterprises,
Golden. Colorado has met the bid and qualification requirements. Based upon the contractor's
demonstrated capabilities and performance on a previous City project, Staff recommends award to
Citywide Enterprises. In light of the very favorable bid prices and the available budget allocated
specifically for maintenance projects, Staff recommends including additional work in this contract to
repair broken sidewalk, curb and gutter at locations that are on the priority list, but were excluded from
this year's program because of budget constraints. Staff has sucessfully negotiated with Citywide
Enterprises for the additioanl work based on the contract unit bid prices. The cost for the additional
work is $99,823.55, which will be added to the contract by change order.
A standard 10% contingency amount of$27,669.98 is requested to allow for possible increases based
on the measured quantities of the work and for the cost of other items related to the project.
ALTERNATIVES CONSIDERED:
No award and 2004 Concrete Rehab Projects will not be accomplished.
FINANCIAL IMPACT:
Funding for this program has been approved as the Preventive Maintenance Projects line item of the
2004 Capital Improvement Program budget in the amount of$l, 1 00,000.00. This project is the third
of the three preventive projects that the City will implement this year,
RECOMMENDED MOTION:
"I move to award ITB-04-010, 2004 Concrete Rehab Project, #S-PM-OI-04 to Citywide Enterprises,
Golden, Colorado in the amount of $276,699.80.
I further move that a contingency amount of $27,669.98 be established.
I further move that the Director of Public Works be authorized to issue change orders up to a total
contract and auxiliary amount of$304,369.78.
I further move that all costs associated with this contract be paid from account number 30-302-800-
833, and that these funds be encumbered for the length of the project in accordance with Ordinance
#787, ] 989 Series."
or,
"I move to award ITB-04-01O, 2004 Concrete Rehab Project, #S-PM-0l-04 to Citywide Enterprises,
Golden, CO in the amount of$176,876.25.
I further move that a contingency of $17,687.63 be established.
I further move that the Director of Public Works be authorized to issue change orders up to a total
contract and contingency amount of $194,563.88.
I further move that all costs associated with this contract be paid from account number 30-302-800-
833, and that these funds be encumbered for the length of the project in accordance with Ordinance
#787, 1989 Series."
or:
"I move to deny award of ITB-04-01O 2004 Concrete Rehab Project for the following reason(s)
"
Report Prepared by:
Reviewed by:
Tim Paranto, Director of Public Works
Linda Trimble, Purchasing Agent
Attachments:
1. Bid Tabulation Sheet
2. Project Location List
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Proposed Location for Concrete Rehab in 2004
Original Locations Proposed in the 2004 Concrete Rehab Project #S-PM-01-04
Location
Bid
West 32nd Avenue from Kipling Street to
Wadworth Boulevard
West 44th Avenue from Kipling Street to
Upham Street
Wheat Ridge City Hall
$176,876.25
Proposed Additional Locations to be included in the 2004 Concrete Rehab Project
Location
Proposed Bid Cost
Miller St. from West 44th Ave to
I 70 South Frontage Rd
West 44th PI from Miller St to Cul-de-sac
Nelson St from West 47th Ave to West 48th Ave
$20,21880
$9,560.00
$9,15000
$7,050.00
$8,736.50
$5,580.00
$7,240.00
West 45th Ave from Miller St to Parfet St
West 47'h Ave from Miller St to Oak St
West 47'h PI from Miller St to Cul-de-sac
West 48th Ave from Nelson S1. to Oak S1.
Parfet St from West 44th Ave to
I 70 South Frontage Rd
Lee St from West 44th Ave to Dead End
South Frontage Rd
$21,375.00
$10,51325
Grand Total
$99,823.55
$276,699.80
Subtotal of Additional Work
ATTACHMENT 2
ITEM NO: ~I
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
April 12, 2004
TITLE:
APPROVE AWARD ITB-04-010 2004 OVERLAY PROJECT
D PUBLIC HEARING
~ BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date: _)
D ORDINANCES FOR 2ND READING
Quasi-Judicial: D
Yes
~=='
~
No
Ci~~~
EXECUTIVE SUMMARY:
The 2004 Overlay Project was developed to provide the needed maintenace treatments to two collector
streets (32th Avenue and 44th Avenue) in accordance with the Citywide maintenance plan. The
program is intended to extend the life of pavements on streets that are structurally sound. On March 2,
2004, seven (7) bids were received. The apparent low bidder was Asphalt Paving Company, Golden,
Colorado in the total amount of $400,847.80. Their proposal met all of the bid requirements and
references and experience were evaluated by Public Works Staff. As the bid prices were sufficiently
below expected pricing, Staff is recommending that the next streets on the overlay priori~ list (see
Attachment 2) be included in this year's project. The cost of adding the additional work by change
order is $89,345.78. It is recommended that the project be awarded to the lowest responsive bidder,
Asphalt Paving Company in the amount of $490,193.58.
COMMISSIONIBOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
Bids for the 2004 Overlay Project, #S-PM-02-04, were opened on Tuesday, March 2, 2004. Seven (7)
bids were received. The bids ranged from $400,847.80 to $588,320.56. The Engineer's Estimate was
$590,365.00. The lowest responsible and responsive bidder, Asphalt Paving, Golden, Colorado has
met the bid and qualification requirements. Based upon the contractor's demonstrated capabilities and
performance on the Ci~'s previous project, Staff recommends award to Asphalt Paving Company. In
light ofthe very favorable bid prices and the available budget allocated specifically for maintenance
projects, Staff recommends including additional work in this contract to treat several local streets
which were identified for overlay this year, but were not included in the initial project because of
budget restrictions. The added streets are identified on Attachment 2. Staffhas sucessfully negotiated
Wlth Asphalt Paving on the additional work based on the contract unit bid prices. The cost for
additional work is $89,345.78, which will be added to the contract by change order.
A standard 10% contingency amount of$49,019.36 is requested to allow for possible increases based
on the measured quantities of the work and for the cost of other items related to the project.
ALTERNATIVES CONSIDERED:
No award and 2004 Overlay Projects will not be accomplished.
FINANCIAL IMPACT:
Funding for this program has been approved as the Preventive Maintenance Projects line item of the
2004 Capital Improvement Program budget in the amount of $1,100,000.00. This project is the
second of the three preventive projects that the City will implement this year.
RECOMMENDED MOTION:
"I move to award ITB-04-0 1 0,2004 Overlay Project, #S-PM-02-04 to Asphalt Paving, Golden, Colorado
in the amount of$490,193.58.
I further move that a contingency amount of $49,019.36 be established.
I further move that the Director of Public Works be authorized to issue change orders up to a total
contract and contingency amount of$539,212.94.
I further move that all costs associated with this contract be paid from account number 30-302-800-
833, and that these funds be encumbered for the length ofthe project in accordance with Ordinance
#787, 1989 Series."
or,
"I move to award ITB-04-0 1 0, 2004 Overlay Project, #S-PM-02-04 to Asphalt Paving, Golden, CO in
the amount of $400,847.80.
I further move that a contingency of$40,084.78 be established.
1 further move that the Director of Public Works be authorized to issue change orders up to a total
contract and contingency amount of $440,932.58.
I further move that all costs associated with this contract be paid from account number 30-302-800-
833, and that these funds be encumbered for the length of the project in accordance with Ordinance
#787, 1989 Series."
or,
"I move to deny award of ITB-04-0l0 2004 Overlay Project for the following reason(s)
"
Initiated by:
Report Prepared by:
Reviewed by:
Steve Nguyen, Engineering Manager
Tim Paranto, Director of Public Works
Linda Trimble, Purchasing Agent
Attachments:
1. Bid Tabulation Sheet
2. 2004 Capital Improvement Program Description
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Proposed Streets to Overlay in 2004
Original Streets Proposed in the 2004 Overlay Project #S-PM-02-04
Location
Bid
West 32nd Avenue from Kipling Street to
Wadworth Boulevard and West 44th Avenue
from Kipling Street to Upham Street
$400,847.80
Proposed Additional Streets to be included in the 2004 Overlay Project
Location Proposed Bid Cost
West 39th Avenue East of Kipling Street
to dead end $5,939.78
West 44th Avenue from Youngfield Street
to West 43rd Drive $11,415.50
West 33rd Place from Miller Street west
to Cul-de-sac $4,683.04
Oak Street from West 38th Ave. to West 38th PI. $5,223.24
Parfet Street from West 38th Ave. to West 41 st Ave.
$15,618.64
West 39th Ave. from Oak Street to Cul-de-sac
$9,789.89
West 38th PI. from Parfet St. to Oak St.
$10,707.22
West 35th Ave. from Parfet St. to Nelson St.
$14,823.32
Pierson St. from West 32nd Ave to West 33rd Ave.
$11,145.15
Subtotal of Additional Work
$89,345.78
Grand Total
$490,193.58
ATTACHMENT 2
ITEM NO: J, C t
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
April 12, 2004
TITLE:
APPROVE AWARD OF RFB-04-007 TRAILER MOUNTED BRUSH
CHIPPER
o PUBLIC HEARING
[8] BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date: _)
o ORDINANCES FOR 2ND READING
Quasi-Judicial: 0
Yes
~~6
Director of Public Works
IZl
No
City~~~
EXECUTIVE SUMMARY:
The Fleet Replacement Program provides for the replacement of the Parks Department 1986 trailer
mounted brush chipper, Unit 333, this year. The price indicated on the replacement schedule includes
the cost of the base unit and required options. On March 9, 2004 five (5) bids were received. All bids
metthe initial bid requirements. Base prices ranged from $20,133.75 to 26,150.00. The apparentlow
responsive bidder was South Side Total Power Inc., Englewood, Colorado, in the total amount of
$25,952.50, which includes all options. Staff recommends award to South Side Total Power Inc.,
based on their response and compliance to the bid specifications.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
Five (5) bids were received for the unit ranging in cost from $20,133.75 to 26,150.00 for the base bid.
The apparent low bidder was Vermeer Sales, Commerce City in the amount of$20, 133.75; however,
they did not include pricing for the hydraulic swing tongue, which is a safety feature. The second low
bidder was Rocky Mountain Bandit, Castle Rock. They also did not provide pricing for several
options. Both bids were non-responsive. South Side Total Power Inc., Englewood, Colorado, was the
third low bidder and was in compliance with all ofthe bid requirements. Staff recommends award to
South Side Total Power Inc. in the total amount of$25,952.50, which includes all options.
AL TERNA TIVES CONSIDERED:
No award and a new chipper will not be purchased.
FINANCIAL IMPACT:
The funds for this purchase are budgeted in Fleet Replacement, account number 01-303-807.
$29,000.00 was estimated for purchase ofthe new chipper in the 2004 budget.
RECOMMENDED MOTION:
"I move to award RFB-04-007, Trailer Mounted Brush Chipper to South Side Total Power Inc.,
Englewood, Colorado, in the total amount of $25, 952.50.
I further move that all costs associated with this contract be paid from account number 01-303-807,
and that these funds be encumbered in accordance with Ordinance #787, 1989 Series."
or,
"I move to deny award of RFB-04-007, Trailer Mounted Brush Chipper, for the following reason( s)
"
Report Prepared by:
Reviewed by:
Greg Knudson, Operations Manager
Tim Paranto, Director of Public Works
Linda Trimble, Purchasing Agent
Attachments:
1. Bid Tabulation Sheet
040412 CAF Brush Chipper
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ATTACHMENT 1
ITEM NO: J I J).
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
April 12, 2004
TITLE:
APPROVE AWARD ITB-04-013 CLEAR CREEK TRAIL
IMPROVEMENTS
D PUBLIC HEARING
~ BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date' _)
D ORDINANCES FOR 2ND READING
Quasi-Judicial.
D
Yes
~
No
r"
City~
1/
,;/
EXECUTIVE SUMMARY:
The portion of the Clear Creek Trail between approximately Carr Street and Garland Street will be
replaced. Trail realignment will also occur in the area behind Anderson Park. The asphalt trail will be
replaced With 10 foot Wide, 6" deep concrete. Width may vary slightly dependmg on the area. On
March 25, 2004, eleven (11) bids were received. All bids met the initial bid requirements. The
apparent low bidder is Scott Contractmg, Golden, Colorado in the total amount of$174,897.50 Staff
recommends award to Scott Contracting based on expenence, qualificatIOns, understanding of the
scope of work and pricing. Also a contmgency amount of $17,490.00, which IS 10% of the bid, is
requested.
Fundmg for this project IS from the City's attributable share of Jefferson County Open Space Funds
and ajomt venture grant from Jefferson County Open Space.
COMMISSION/BOARD RECOMMENDATION:
N/A
ST A TEMENT OF THE ISSUES:
The majority ofthls area of trail is in disrepair. There are areas ofthe trail that are also unsafe due to
the trail conditions. An alternate detour route will be in place at all times during trail construction.
The bids received ranged from $174,897.50 to $381,760.30. The Engineer's estImate was $252,000 00
which includes a 10% contmgency. The total low bid cost plus contingency is $192,387.50 leavmg a
balance in light of the favorable bId pnces, staff recommends replacmg the trail access spokes from
Anderson Park with the additIOnal funds available. These spokes include all of the access trails
around the Anderson Park Pavillion and the access trail located at the north of the ballfield at
Anderson Park.
ALTERNATIVES CONSIDERED:
Do not replace the traIl.
FINANCIAL IMPACT:
Fundmg for this project was approved as part of the 2004 Open Space Budget. A Jefferson County
Jomt Venture grant was applied for and receIved in the amount of $150,000.
RECOMMENDED MOTION:
I move to award ITB- 04-013 Clear Creek Trail Improvements to Scott Contracting, Golden, Colorado
m the amount of$174,897.50 to be charged to account 32-601-800-862.
I further move that a 10 % contingency amount of$17,490.00 be established and charged to account
32-601-800-862.
Report Prepared by-
Reviewed by:
Joyce Manwaring, Parks and RecreatIon Director
Lmda Trimble, Purchasmg Agent
Attachments:
I Bid TabulatIOn Sheet
040412 CAF Clear Creek Trail Phase 2
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ITEM NO: ~I
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE.
April 12, 2004
TITLE:
APPROVAL OF THE REVISED PERSONNEL POLICIES
o PUBLIC HEARING
~ BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date: _)
o ORDINANCES FOR 2ND READING
Quasi-JudiCial:
o
Yes
~
No
C1ty~4
Patrick Goff, Admimstra 1 e Services Director
EXECUTIVE SUMMARY:
On August 12,2002, the Personnel Pol1c1es were approved by City Council. On March 10, 2003,
revisions to the Personnel Policies were approved by City Council. Once agam, as part of our periodic
"check system", Human Resources recently requested our city staff to offer comments, concerns,
and/or suggestions for improvements on our policles. As a result, attached are the recommended
revisions to our Personnel Policies.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
The followmg is a summary of the proposed revislOns.
DEFINITIONS: Immediate Family Member - To reduce confusion, changes have been made to better
clarify who is considered an "immediate family member." There have been no deletions or additIOns.
SECTION 2.3. NEPOTISM
(Page 2-1) A relative may not have mfluence over a related employee's employment status in any
way. To ensure there is no misunderstandings, the language "or give oversight" has been added. In
addition, the changes in this SECTION are noted at the top of the page - "Section(s) Rev1sed".
SECTION 2.5. APPLICATION
(Page 2-1) The City requires completlOn of a City Employment ApplicatlOn for every position an
applicant 1S interested in and 1S so noted m th1S section for clarity purposes.
SECTION 2.6 SELECTION PROCESS
(Page 2-2) C. - An additional section has been added to identIfy the responsibilitIes of the HR staff
with regard to finalizing our hIring process and placement of new employees.
SECTION 2 8. EMPLOYMENT LISTS
(Page 2-2) Language was added to make the distmction of which Eligibility Lists a person can be
appointed from without any further examination process. These lists include: "CandIdates and/or
Employment" but does not include Re-Employment Eligibility List(s)
SECTION 2.9. CLASSES OF APPOINTMENTS
(Page 2-3) Removed the limItation of employees that have "resigned" and expanded to "separated"
from City service to include employees that have left for reasons beyond their control, (e.g. lay-off).
SECTION 2.10 APPPOINTMENT OF APPLICANT
(Page 2-4) Language has been added to reflect the responsibility HR maintains in finalizing the
applicant placement process.
SECTION 3 EMPLOYER PRACTICES & EXPECT A TIONS
(Page 3-1) The changes in this SECTION are noted at the top of the page - "Section(s) Revised".
SECTION 3 10. COMPUTER AND ELECTRONIC MEDIA USAGE
(Page 3-3) Added language throughout the entire policy, to reflect the additIOn of Intranet;
emphasized there should be no expectation ofpnvacy; and, better clarified the City's expectations
with regard to our communication systems.
SECTION 3.12. EMPLOYMENT VERlFICATIONSIREFERENCES
(Page 3-4) ThIS IS an additIOnal section that identifies the responsibility of the Human Resources
Office with regard to employment verifications and references for current and/or past employees.
SECTION 5.1 GUIDELINE
(Page 5-1) SectIOn B. discusses the mmimum tIme increment of 1/4 hour for leave time. Tills applies
to all leaves, (exceptmg breaks), therefore, the exclusionary language "and vacatIon leave" has been
removed. In additIOn, the changes have been noted at the top ofthe page under, "Section(s) ReVIsed".
SECTION 5.4. OFFICIAL HOLIDAYS
(Page 5-2) In the policy, as approved by Council on March 10, 2003, the City adopted the practice of
gIving employees an addItional 8 hours of holiday pay if they had to work on a CIty holiday. On
March 24, 2003, this policy was amended to allow affected employees the option oftaking the holIday
hours in payor time off, to be taken at a later time with the understanding that any accrued hours not
taken by the end of the year would be paid. To further reduce costs and liability, the policy has been
further changed, eliminating the option of pay or time-off and giving extra time-off only. In addition,
ifthese additIOnal holiday hours are not taken by December 3151 each year, the holiday time-off hours
are forfeIted. NOTE: These holiday hours exclude ThanksglVlng Day and Christmas Day, which, If
not taken, will be paid out in the 151 pay period in the following January.
SECTION 5.7. V ACATlON LEAVE
(Page 5-3) In SectIon A. Eligibility - prevlOUS language created confuslOn with employees, thus the
changes in this section are for clarity reasons only. The language reflects the current practice and no
additions and/or deletIons have altered the mtent. However, in Section B. CompensatIOn for Accrued
Vacation Leave, (Page 5-4), to remain consistent with the manner in which an employee receives their
monthly vacatIon accruals, (anmversary date), the language concerning the requirement to work the
full month before being awarded the accrual for that month, has been eliminated.
SECTION 5.9 F AMIL Y AND MEDICAL LEAVE
(Page 5-5) Better clanficatIon of our current practIce ofmandatmg that all accrued leave must be
used first before an employee can go to a Leave Without Pay status.
SECTION 5.11. ON-THE-JOB INJURY LEAVE
(Page 5-7) Language has been added to define what our current practice and expectations are with
regard to filmg worker's compensation claims including reportmg the injury within 24 hours.
SECTION 5 12. DISABILITY LEAVE
(Page 5-9) This pohcy apphes to all "regular" employees, not Just those in a full-time status, thus
"Regular Full-Time" was removed.
SECTION 5.14. MILITARY LEAVE
(Page 5-11) All accrued leave, not just vacatlOn accruals, is paid to an employee who must return to
military duty. Thus, the changes made to this section are for clarity purposes only.
SECTION 6 COMPENSATION
(Page 6-1) The changes in this SECTION are noted at the top of the page - "Section(s) Revised".
SECTION 6 6 CHANGE IN STATUS
(Page 6-2) Section A.3 - Through a reclassification due to a change of Job duties and responsibihtIes,
the effective and evaluation dates should be determined based on when and to what extent the position
has changed. Therefore, to provide flexibility and allow for case-by-case review, With HR' s oversight
to ensure consistency, the language has been changed.
SECTION 6 7 PERFORMANCE APPRAISALS
(Page 6-3) The language allowing only Job performance material placed in the employee's personnel
file IS stated in another part of our handbook and for consistency purposes, was added here.
SECTION 6.8. PERFORMANCE RECOGNITION
(Page 6-3) New language has been added that explains our practice of awarding merit increases on an
employee's evaluation date.
SECTION 6.9. OVERTIME PAY AND COMPENSATORY TIME
(Page 6-4) Language has been added to Identify our practIce of paying overtime when an employee
appears m court while off-duty, as a witness in a matter arising from his/her job-related duties.
SECTION 6.10. INCIDENT RESPONSE PAY - (CALL-BACK & ON-CALL)
(Page 6-5) The language change m A.2. Safety, allows for the extension to the 10 hour hmitatlon and
adds flexibility wIth regard to workmg contmuously in a call-back SItuation. This is current practice.
SECTION II DISCIPLINARY ACTION AND APPEAL PROCEDURE
(Page II-I) The addItIOnal language in both 11.3.A., (pg. II-I) and 11.7.C., (Page 11-4), provides
the mechanism for the HR Manager to make recommendations in instances of harassment,
discnmmation, and/or workplace VIOlence claIms. In addItion, the changes m thIS SECTION have
been noted at the top of the page II-I under "SectIon( s) RevIsed".
SECTION 11.9. APPEALS
(Page 11-5) The addItIonal language in both D.2. and E., parallels the practice that IS currently
identified in our Administrative RegulatIOns. The City has the ability to have an attorney act as our
representative; the heanng officer's role includes applying the administrative regulations procedures.
SECTION 12.3. RESIGNATION PROCESS
(Page 12-1) SectIOn A.2. has been elimmated to safeguard the "At-Will" employment status ofa
Department DIrector "At-Will" employment IS a condition where an employment relatIOnship may be
terrmnated at any time by eIther party, with or without cause or notIce. In Section D. SeparatIOn Date
- language was added to better clarify our current practice concerning an employee's last day of
employment. Unless authorized otherwise, on an employee's last day of work when terminating, they
are expected to work the full shift. In addItion the changes in this SECTION have been noted at the
top of the page under "SectlOn(s) Revised".
SECTION 12.4. LAY OFF
(Page 12-1) In section B., language has been added to elIminate confusion as to what cnteria is used
in deciding an order of lay-off and that the decidmg factor for lay-offs is not based on semority
(Page 12-2) In section D Remstatement from Layoff, the language added, places the responsibility on
the laId-off employee WIth regard to vacancIes and what they mIght be mterested m. With regard to
recalling laId-off employees, the language was changed to apply the same reasomng that is used when
deciding the order for laymg off employees - giving consideration of length of service and job
performance.
SECTION 14 EMPLOYEE PERSONNEL SERVICES
(Page 14-1) The changes in thIS SECTION are noted at the top of the page - "SectIon(s) ReVIsed".
SECTION 14.7 RELEASE OF OFFICIAL EMPLOYEE FILE INFORMATION
(Page 14-3) Section B. has been reworded to eliminate confusion on who has the authonty to release
information concerning our employees. ThIS practice reduces the City's risks.
SECTION 15.1. PROHIBITING HARASSMENT
(Page 15-1) Under "c. Reporting Procedure", A back-up person to the HR Manager for taking
complaints of harassment is now available in the process. In sectIon E., language has been added to
re-emphasize the CIty's intolerance ofretahatorytypes of actIons. In additIon, the changes within this
SECTION have been noted at the top of the page under, "Section(s) ReVIsed"
TABLE OF CONTENTS - Two pages adjusted to reflect the additional SECTION 3.12, Employment
Verifications/References and SECTION 5.6. RehgIous Holiday Observance, (page relocation to 5-3).
AL TERNA TIVES CONSIDERED:
N/A
FINANCIAL IMPACT:
The reVlSlons to the Personnel Policies: "Section 5.4.B. Work on a Hohday" should result in a cost
savings since the practice of payment for those extra hours has been removed, as well as, the
elimination of the end-of-the-year payout of holiday hour accruals. However, the dollar amount is
unknown.
RECOMMENDED MOTION:
"I move to approve the revisions to the Personnel Policies as submitted on April 12, 2004 "
or,
"I move to deny the revisions to the Personnel Pohcies as submitted on April 12, 2004 because
"
Initiated by' Karen M. Croom, Human Resources Manager
Report Prepared by: Karen M. Croom, Human Resources Manager
ReViewed by: Patnck Goff, AdmmIstrative Services Director
Attachments:
1. ReVIsed Personnel Policies displaymg the proposed additions and deletions.
cc:
Request for City Council Action-report form
TRIAL SERVICE: All hired or promoted employees will serve in a "Trial Service" period in which they must prove their
ability to perform the duties of the appointed position. For all employees serving in the capacity of sworn police
personnel, the trial service period is 12 consecutive months; for employees serving In the capacity of cIvIlian
personnel, the trial service period is six (6) consecutive months. A trial period of no more than SIX (6) consecutive
months may be issued to an employee who has received an unsatisfactory evaluation
SEASONALlTEMPORARY - A temporary position that is advertised as such, that is needed to supplement the work
force for a part of a calendar year or until completion of a project. The employee is not eligible for City benefits
except those required by law
EMERGENCY EMPLOYEE: A person employed to meet emergencies for a temporary period in a position not
specifically authorized or funded in the budget.
CONTRACTUAL - A position established by a written agreement between the employee and the City Manager and/or
City Council for which funds mayor may not be budgeted. Independent contractors shall not be considered
contractual employees of the City
FEDERALLY, STATE, OR SPECIALLY FUNDED - A position that is federally, state, or specially funded. Employees in said
status mayor may not be eligible for benefits as determined by program specifications and as required by law
INTERN - Such positions may be made available to individuals on a paid or unpaid basis for the benefit of acquiring
practical work experience in municipal government and performing services for the City Employees in said status
are not eligible for City benefits except those required by law
EMPLOYMENT -AT -WILL See the definition for "At-Will"
EXEMPT EMPLOYEE. A person in a budgeted position exempt from the overtime provisions of the Fair Labor
Standards Act as an executive, administrative, or professional employee.
FAIR LABOR STANDARDS ACT (FLSA): A federal law, enacted by the United States Congress in 1938, which
sets minimum wage, overtime pay, equal pay, record keeping, and child labor standards for employees who are
covered by the Act.
FAMILY MEDICAL LEAVE ACT (FMLA): A law enacted on February 5, 1993, which entitles qualified employees
up to 12 weeks of unpaid leave per a twelve (12) month period for the birth, adoption or placement for foster care of
a child, to care for a spouse or an immediate family member with a serious health condition, or when unable to
work because of a serious health condition.
FINAL EARNED RATING. The final percentage score attained by a candidate in an examination for a budgeted
position, computed by adding the percentages earned in each part of the examination.
FRINGE BENEFITS All benefits authorized by the City other than the direct salary paid to a given employee such
as sick leave, paid holidays, insurance coverage, etc.
GENDER: Males or females as a group, a sex-based category Note: the terms of this Personnel Policy apply in
the same manner to both men and women.
GRIEVANCE. A complaint initiated by an employee concerning working conditions.
HIS OR HER: Whenever the masculine or feminine is used in these Policies, such designation isn't intended to
reflect a specific gender, but is used only for administrative conveniences.
HUMAN RESOURCES' A division of the organization assigned with the responsibilities of interpreting and
administering the philosophies, personnel policies, procedures and practices related to the management of the
work force within the organization,
IMMEDIATE FAMILY MEMBER: Those individuals related to an employee as follows: spouse or domestic
partner, son, d3ughtor, children and/or grandchildren (biological. step-, adopted or foster), mothor, fothor, parent(s),
step-parent(s), ,9r3ndmothor, gmndf3thor, grandparent(s), step-grandparent(s), gmndchildron, brother(s) and/or
slster(s) (biological, step-, adopted or foster), son in ,3W, sistor in 13w, and the spouses of the aforementioned. In
addition, the relatives belonging to the employee's spouse or domestic partner to include: afI€i the mothor, bthor,
parent(s), step-parent(s), son, d3ughtor, children and/or grandchildren (biological step-. adopted or foster), brothor
or sistor, brother(s) and/or sister(s) (biological, step-, adopted or foster), gmndmothor, gmndf3thor, grandparent(s),
step-grandparent(s), gr3ndchildron of tho spouso or domostic portnor and the spouses of the aforementioned Also,
3S '....011 os, minor children for whom the employee or the employee's spouse or domestic partner provide day-ta-day
care and financial support.
INJURY LEAVE. Leave granted to an employee who has suffered a job-related injury or illness as determined by
the City, its worker's compensation or other insurance carrier
0-4
ATTACHMENT 1
SECTION 2'
City of Wheat Ridge Personnel Policies
RECRUITMENT, SELECTION, AND EMPLOYMENT
Section(s) Revised: 2,3A 25, 2,6 C ,2,8 C 29 C , 2,10,
Approved by Council:
,2004
2.1 PURPOSE
The City is dedicated to providing its citizens with superior services, as well as, the ~ost economical. use of its
revenues. To that end, the City endeavors to recruit and hire the most talented and qualified employees It can find.
2.2. CITIZENSHIP
Natural or legal citizens of the United States are provided an equal employment opportunity with the City of Wheat
Ridge. Non-citizens shall meet federal and state employment eligibility requirements before being accepted as an
employee of the City
2.3 NEPOTISM
The following applies to the employment of relatives of City employees and City officials. For the purposes of this
section, "relatives" include spouse, children (biological, step-, adopted or foster), brothers, Sisters, half-brothers and
sisters, step-brothers and sisters, parents, step-parents, aunts, uncles, nephews, nieces, first cousins,
grandparents, grandchildren, and the spouses of the above.
A. Employees will not be appointed, transferred, promoted, demoted, or work in any position where a relative
would be. a supervisor of or give oversight to the employee; or responsible for auditing or monitonng work of
the employee, or where other circumstances place the employee and relative in a situation of actual or possible
conflict of interest.
B If employees marry and the marriage creates a violation of the above paragraph, every effort will be made to
transfer either employee to a position so no violation will exist. If no suitable position is available and a transfer
is not possible, one of the two spouses may be terminated. The decision as to which employee may be
terminated is left to the employees involved, unless business necessity requires the City to decide.
2.4 METHOD FOR FILLING VACANCIES
All vacancies in City service filled by transfer, demotion, promotion, or appointment follow the recruitment process
outlined in the Personnel Procedures Manual. A temporary appointment may be made under the provisions of this
Policy Manual.
2.5 APPLICATION
The City Employment Application form and its contents are established by the City Manager All candidates for
employment must file, with the Human Resources Office, an employment application form for each position they
are interested in All statements made on an employment application must be true, accurate and complete.
Additional information such as a resume, cover letter, and supplemental questionnaire may be requested of
applicants, Unless otherwise specifically requested in writing by the applicant, or as otherwise provided by the
Open Records Act, the names of all applicants and all applications for City employment including all appointed
officials of the City shall be public records. Applications placed on a departmental candidates list for appointment
shall be retained at least for the life of the candidate's list. Upon the expiration of the candidate's list, the
application shall be retained for the balance of a two (2)-year period.
2.6. SELECTION PROCESS
A. The selection process may consist of a variety of recognized testing techniques. Initially, employment
applications are reviewed for essential conformity to the published minimum requirements. Further screening of
the remaining applicants may include, but is not limited to, personal interviews, achievement tests, aptitude
tests, examination of work samples, physical agility tests, written tests, polygraphs, and investigations of
personal background and references. Selection techniques are reasonable and impartial and relate to those
areas that, in the opinion of those involved in the selection process, fairly show the candidate's qualifications
and abilities to execute the duties and responsibilities of the position to which the candidate seeks appointment.
B Upon completion of an impartial selection process, as determined by the relative department and the Human
Resources Manager, the City Manager makes an appointment from the final candidates based on the results of
testing and other relative considerations. An appointment is usually made upon the recommendation of the
Department Director of the department in which the new appointee is assigned and becomes effective only
after all necessary documents have been signed by the proper City officials.
2-1
C The Human Resources Manager or designee has the authority and responsibility to conduct relative reference
inquiries, make all conditional and/or final offers of employment, and process all appropriate paperwork,
D Pre-Employment Testing - The City may require a candidate to pass a medical examination, submit todrug
testing and/or psychological examination after a conditional offer of employment has been made and pnor to
the candidate's appointment
E. Test materials shall be confidential and shall be so handled by all personnel having legitimate access to this
material. All examination records which may include applications, test papers for each examinee, names of oral
examiners, summary data on number applying for and passing an examination, and such other information as
deemed pertinent shall be maintained in Human Resources. Test records may be destroyed two (2) years after
establishment date of eligibility list.
2.7 INELIGIBILITY OR DISQUALIFICATION
A. The City Manager may withdraw anyone from consideration whose appointment is considered contrary to the
interests of the City Reasons for disqualification may include, but will not be limited to, the following:
1 Lack of any of the requirements established for the examination or position for which the candidate applied;
2. A physical or mental disability that makes the applicant unable to perform the essential functions of the
position to which appointment is sought with or without reasonable accommodation;
3. The misuse of intoxicating beverages;
4 The misuse of prescription drugs or use of illegal drugs and/or controlled substances;
5. Conviction of a felony;
6. An unsatisfactory employment record;
7 Deception or fraud in completing the position application;
8. The applicant's request to withdraw from consideration;
9 Failure to reply within a reasonable time, as specified by the City Manager, about the candidate's
availability for employment;
10 Disqualification or unsuitability for employment as specified in any City or departmental rule,
B. Exceptions - Lesser or alternative qualifications may be accepted if the Department Director and Human
Resources Manager determines that it has not been possible to satisfactorily fill a position at the salary
authorized in a reasonable length of time by a person who meets the qualifications as specified.
2.8 EMPLOYMENT LISTS
A. Establishment of Lists - After the completion of an examination, the Human Resources Manager shall establish
an employment list as a means of recommending qualified individuals to fill existing or future vacancies. These
lists shall be of three (3) types:
1 Employment Candidate's List - include the names of persons who have taken a Qualifying Examination
and received a passing score, or who have successfully completed one or more phases of the review
process, but have not totally completed the process, hence are not fully "qualified" for placement
2. Employment Eligibility List - include applicants who have been interviewed (examined, background
completed, references verified, etc.) for a job in City service, are found totally qualified for a position but
who were not employed in favor of another qualified applicant and/or are awaiting a vacancy to occur
3. Re-employment Eligibility List - the Human Resources Manager shall establish and maintain a re-
employment eligibility list which shall include the names of employees who were terminated for lack of
work, lack of funds, non-disciplinary or reorganization reasons.
B. Maintenance of Lists - A person shall be carried on an Employment Candidates, Eligibility, or Re-employment
Eligibility list for no longer than twelve (12) months, Maintenance of established lists may be extended for an
additional period, at the discretion of the Human Resources Manager If there are three (3) or less names
remaining on a candidate's or eligibility list, a new list may be certified or new candidates may be added to an
existing list
C Use of Lists - The appointing authority may appoint a person on the appropriate list in accordance with the
guidelines used to establish the list. A person shall be appointed from a current Candidates and/or
Employment Eliaibility List without further examination, except, if required: a medical examination, which may
include a psychological, drug test, physical, and polygraph; the cost shall be borne by the City and
administered by a doctor selected by the City
2-2
2.9 CLASSES OF APPOINTMENTS
A. Temoorary Aooointments - Whenever a City department requires help because of a special project, a
temporary increase in workload, or the absence of a regular full- or part-time employee, temporary
appointments may be made for the duration of such work. The period of this service is not counted as part of
the trial service period if the employee is later appointed to another position, unless such time served is
acceptable to the Department Director concerned.
B. Temoorary Re-AssiQnments - During an emergency or period of unusual workloads, the City Manager or a
Department Director may temporarily reassign City personnel within the Department Director's department for a
period not to exceed six (6) months. City personnel may be temporarily reassigned from one department to
another within the City Requests for personnel are approved by both the Department Director for the
department to which the employee had been assigned and the Department Director to which the employee is
reassigned. Interdepartmental changes are not made for employees so assigned. Department Directors
control and coordinate programs for training City employees to assure the maximum use of employees during
periods of temporary reassignment.
C Reaopointment - Any regular full-time or regular part-time employee who has resigned separated from City
service in good standing may be considered for reappointment to a position in the same or similar classification
in City service. A written request for consideration must be submitted. The employee may be considered
within one (1) year of the employee's termination. A reappointment may be made without benefit of a new
recruitment. In no way is it mandatory for any appointment authority to reappoint a former employee should the
appointment authority desire not to do so.
o Transfer - An employee may be transferred by the appointing authority, at any time, to a position in another
comparable classification if they meet the minimum qualifications. The transfer must be approved by the City
Manager For transfer purposes, the definition of "comparable class" is a classification that compensates at the
same minimum and maximum pay rates, similar duties are assigned, and requires substantially the same
minimum qualifications,
1 A regular full-time or regular part-time employee may be transferred from one department to another
department with consent of the employee and approval of the affected Department Directors. The City
Manager may order the transfer for purposes of economy and efficiency
2. Return to Former Position - If the performance of an employee who is transferred is unsatisfactory in the
new position, or if the new position is eliminated and the employee's performance in the original position
had been satisfactory, the employee may be transferred back to their original position, if vacant, or a similar
position that is not occupied. This return transfer is allowed only within a reasonable amount of time,
generally within six (6) months of the effective date of transfer
3. The transfer of an employee will not be used to effect a promotion, demotion, advancement, or reduction.
Each may be accomplished only as provided in this Personnel Policy
E. Promotion - It is the policy of the City of Wheat Ridge to encourage the professional development of personnel
within City service, Promotional selection for vacancies is conducted as the needs of the City require. Regular
employees, who meet the requirements of the classification for which an examination is to be held are
considered eligible to compete in such an examination. '
F Demotion - The City Manager may demote an employee for any of the following reasons or conditions.
1 The employee's performance of required duties falls below commonly accepted standards;
2. Disciplinary reasons as set forth in Section 11 6, (Reasons or Grounds for Disciplinary Action),
3. An employee's position is eliminated;
4. An employee requests such demotion;
5. A departmental reorganization that affects employee positions;
6 Any other reasonable grounds as approved by the City Manager
7 No employee is demoted to a classification for which the employee does not have the minimum
qualifications. Written notice is given an employee at least ten (10) business days before the effective date
of the demotion.
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2.10 APPOINTMENT OF APPLICANT
Once the selection procedures have been completed, the results shall be reviewed and a recommendation made to
the appointing authority regarding the applicant best suited for the position. The recommendation may consist of
one (1) applicant or a number of applicants who are eligible for appointment to the position. For the purposes of
these Policies, the City Manager has delegated to the Department Directors, the authority to recommend
appointment of employees to their respective departments. The Human Resources Manager or designee has the
authority and responsibility to conduct relative reference inquiries, maKe all conditional and/or final offers of
employment, and process all appropriate paperwork,
2.11. TRIAL SERVICE PERIOD
A. Puroose - The trial service period is a continuation of the testing and orientation process. During this period,
the employee is on trial to demonstrate his/her ability to perform the requirements of the appointed position at a
level that meets City and departmental expectations and standards. The Period is a time to observe closely the
employee's performance in order to achieve an effective match and/or adjustment of a trial service employee to
his/her position, or to determine that a trial service employee's performance does not meet the acceptable
standards of the position.
B. Length of Period - All original and promotional appointments are conditional and subject to a trial service period
from the time of appointment. The trial service period is for a minimum of twelve (12) consecutive months of
actual service for sworn police personnel and the personnel responsible for processing emergency/non-
emergency calls in the Police Communications Center, (dispatch), and six (6) consecutive months for all other
employees. The City Manager, upon written request from a Department Director, may grant an extension of
the trial service period up to a maximum of six (6) additional months. The completion of a trial service means
the employee has been appraised and found capable of meeting the performance expectations of the position
during the trial service period.
C Emoloyee Status - During the trial service period, a trial service employee may be suspended, demoted, or
terminated at any time for any reason by the City Manager The Department Director gives the City Manager a
written appraisal of the employee's performance as well as any written recommendation for the employee's
suspension, demotion, or rejection. A copy of the notification of suspension, demotion, or rejection is given to
the trial service employee. Rejection of a trial service employee becomes effective only after approved by the
City Manager An employee's rejection is not subject to appeal.
2.12. ORIENTATION OF NEW EMPLOYEES
All new or rehired employees shall receive City Employment Orientation through Human Resources as a
prerequisite for position and budget control, and to ensure all essential and required forms have been completed.
The orientation may include, but isn't necessarily limited to: an explanation of fringe benefits and these Guidelines
(excluding department regulations); applicable Administrative Guidelines; an overview of the City and its
departments; and other items of interest to new employees. Orientation meetings for new employees shall be
coordinated with the schedule of Human Resources, new employee, and the relevant department.
2.13 PAYMENT FOR TRAVEL FOR INTERVIEW PURPOSES
The City Manager may authorize the payment or reimbursement for all travel, meals, and lodging expenses
incurred by applicants traveling to the City to be interviewed for department or division director positions. Payments
shall be made from the Human Resource's budget.
2.14 RELOCATION EXPENSES
After authorization by the City Manager, relocation expenses may be reimbursed to newly appointed Department
Directors, provided such funds are available. Such expenses shall be limited to the moving of household goods of
the newly appointed Department Director Payments shall be made from the appropriate departmental budget.
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City of Wheat Ridge Personnel Policies
SECTION 3
EMPLOYER PRACTICES & EXPECTATIONS
Section(s) Revised: 3 10 3 12,
Approved by Council:
,2004
3 1 EMPLOYEE COURTESY
All employees must treat all customers, clients, guests, visitors, volunteers, and other employees with the greatest
degree of respect, courtesy, kindness and caring. The City is in the "people business," and it is of the utmost
importance that employees maintain a friendly, courteous and cooperative atmosphere on the premises.
3.2. HOURS OF WORK
A. For full-time employees, the standard workday for employees may range between eight (8) hours and ten (10)
hours and the standard workweek is forty (40) hours. Law enforcement personnel, as defined in the Fair Labor
Standards Act (FLSA), may be assigned a work period, rather than a workweek, as described in FLSA. The
standard workweek begins on Saturday 12:01 a.m. and ends on the following Friday at 12:00 mid-night.
However, the City reserves the right to alter the workweek and work schedules for the purpose of promoting
efficient operations or other reasons found to be for the good of the service. Such changes, as recommended
by the Department Director, must be approved by the City Manager
B. Meal/Rest Periods:
Non-exempt employees shall take a minimum one-half (112) hour lunch break (without compensation) when
working at least five (5) consecutive hours. Employees may take one 15-minute break (with compensation) for
every four (4) hours worked. Rest periods shall not be considered to accumulate if they are not taken and shall
not be used to shorten the normal workday or to alter the assigned lunch period. The granting of meal and rest
periods shall depend on the constraints of working conditions within each department. Regulations shall be set
forth by the Department Director of the respective department and any exceptions must be prearranged with
the Department Director or designee.
C Department Director may change an employee's work period with at least five (5) days notice, except in an
emergency, in order to be consistent with the needs of the City
33. ATTENDANCE
Employees report for their work assignments at the times and places established by their supervisors. Each
department prepares attendance records for all employees on the form approved by the City Manager
34. PAY PERIODS/PAY DAYS
The City is on a bi-weekly payroll system with the pay period beginning on Saturday 12:01 a.m. and ending on the
second Friday following at 12:00 mid-night. Disbursement of paychecks or statements occurs every other Friday,
by a method established by the City Manager If a new employee is hired after the deadlines established for
payroll, payment will be made on the following payday Exception to this will be determined by the City Manager
after review of a written request submitted by the appropriate Department Director
35. AUTOMATIC DEPOSIT
Employees have the option of having their paychecks deposited directly into any bank or credit union via an
electronic fund transfer Forms may be obtained in Human Resources. Automatic Deposits typically take effect the
second payroll cycle after receipt of your request. An employee's payroll check may be removed from direct payroll
deposit at any time that the employee's pay needs to be adjusted to account for leave without pay, suspensions,
terminations, where no pay is due for all or a portion of the payroll period and where the employee has resigned or
owes money to the City
3 6. DEDUCTIONS
Deductions from employees' pay include, but not limited to:
. Deductions required by law and contracts, which include federal withholding tax, state withholding tax, Social
Security tax (where applicable), state retirement systems, health care insurance co-payments.
. Deductions can be arranged for the credit union, United Way, deferred compensation, and other deductions as
approved by the City Manager These types of deductions are arranged only upon receipt of the written
authorization from an employee.
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310 COMPUTER AND ELECTRONIC MEDIA USAGE
A. Puroose - The intent of this policy is to ensure that privacy, security, and legal issues concerning the City's
personal computers, computer networks, and computing systems, Internet, Intranet. and other forms of
electronic media including voice mail, E-mail, fax, bulletin boards, and other electronic communication forums
are addressed, and that a guideline is formally established to define appropriate use of these tools.
B. Scooe - This guideline applies to all City Employees, contractors, consultants, their assigns, or other persons
authorized by the City to access and utilize its electronic media systems. A person's use of the City's electronic
media systems constitutes agreement by such person to abide by the terms of this guideline. The use of
electronic media files shall comply with the requirements set forth herein and other ordinances, guidelines, or
procedures promulgated by the City or other authoritative body
C Usaae
1 Only software that has been authorized and/or purchased by the City should be loaded or used on any City
computer and once installed, may not be disabled or circumvented in any way without authorization Any
software or files downloaded via the Internet into the City network become the property of the City
2. Employees must comply with copyright and licensing laws for materials, software, and other media, as well
as, any other federal, state, or local law, ordinance, or regulation,
3 No employee may knowingly use City facilities to download or distribute pirated, unlicensed, or stolen
software or data Employees with Internet access may not use City Internet facilities to download
entertainment software or games, or to play games against opponents over the Internet In addition, video
or audio streaming and downloading are prohibited except when directly work-related
4 Employees must obtain appropriate approval prior to making information available via Internet service,
Intranet, E-mail, or other forms of electronic media. Files containing sensitive City data that are transferred
in any way across the Internet must be encrypted
5. The City's electronic mail and other information systems will not be used in a way that could be
discriminatory, harassing, disruptive or offensive to others. The viewing or displaying of any kind of
sexually explicit image or document on any City system, unless directly work-related, is prohibited In
addition, sexually explicit material may not be downloaded, archived. stored, distributed, edited. or
recorded using City resources If you find yourself connected inadvertently to a site that contains sexually
explicit or offensive material, you must disconnect from that site immediately regardless of whether that
site had been previously deemed acceptable by any screening or rating program
6 The communication systems and Internet utilized by the City are intended solely for business use.
Employees should use the computer and electronic media systems to accomplish job responsibilities more
effectively and for business and work-related communication, Usage to solicit others for commercial
ventures, religious or political causes, outside organizations or other non-job related solicitations are
prohibited. Employees may, however use their Internet facilities for non-business research or browsing
during mealtime or other breaks, or outside of work hours, provided that all other usage practices are
adhered to
7 Computer equipment, software, or documentation shall not be removed from the City premises without the
prior permission of the Department Director nor should software be given to any outside third party
8 No employee may use the City's Internet facilities to deliberately propagate any virus or other malicious
code
9 In general, employees have an obligation to use their access to the Internet, Intranet, E-mail, Voice Mail,
Fax, and other electronic media in a responsible and informed way, conforming to network etiquette,
customs and courtesies, and representing the City in a positive manner
D. Password Use - Log-on and other passwords may not be shared with any third party, nor may they be shared
with another employee other than their Department Director and the network administrator All passwords or
changes in passwords must be approved and documented through the network administrator The network
administrator or designee may override password controls when adjustments are needed in the system or
retrieval of information is required to conduct City business.
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E. Privacy - Employees should have no expectation of privacy in either sending or receiving electronic messages
and other information on the Internet, Intranet, or other electronic media and should be aware that any and all
records, files, communications and software stored by employees on the City's computer system are the
property of the City E-mail messages, Intranet, and Internet records are to be treated like shared paper files,
with the expectation that anything in them is available for review by authorized City of Wheat Ridge
representatives, Employees should be aware that regular system backups are conducted and that copies of
information thought to be deleted may be included in system back-up files.
1 The City reserves the right to access, monitor and disclose the contents of employee E-mail messages,
Intranet, or Internet records without notification to or permission from the employees sending or receiving
the messages. The City may disclose the contents of electronic media sent to or received by City
employees and elected officials and may use information regarding the number, sender, recipient and
addresses of messages sent over the electronic media systems for any purpose. Furthermore, such data
may be discoverable in litigation.
2. Persons who receive misaddressed e-mail shall return, if possible, such e-mail to the original sender with a
message stating the e-mail was misaddressed. The receiving party shall not save the misaddressed e-
mail A person receiving misaddressed e-mail that the receiver believes violates this guideline or any other
ordinance, guideline or procedure, shall forward the e-mail to the sender's Department Director or the
Administrative Services Director for appropriate action instead of returning the misaddressed e-mail.
3 The network administrator or designee shall be responsible for preserving all electronic public records,
either on or off the system for a length of time consistent with the City ordinances and Colorado statutes.
4 Communications dealing with real property acquisitions, legal actions, municipal security, personnel
matters, negotiations, and criminal records shall not be accessible by the public in accordance with public
records policies.
5. Employees should be aware that under the Colorado Open Records Act, members of the public may have
access to e-mail and voice mail messages.
F Retention - Employees are responsible for retaining documents sent via the e-mail system in accordance with
retention schedules and guidelines established by the City Manager
G Violations and Discipline - Employees are required to comply with the provisions included in this policy, as well
as those in other policies that relate to the topics included in this document. Violations of any provisions of this
policy may cause the employee to be personally liable for monetary damages, criminally liable, and/or to be
subject to disciplinary action up to and including dismissal.
H. Emplovment Separation
1 The Department Director or designee shall be responsible for notifying the network administrator upon the
termination of an employee assigned to their department. This action shall be taken to ensure the removal
of all necessary access codes and passwords for security purposes.
2. All computer hardware, software, and manuals shall be returned to the employee's immediate supervisor or
to Human Resources at the employee's exit interview
3 11 PURCHASING POLICY
The purchasing function of the City, involves the procurement of all goods and services at the lowest possible cost,
consistent with the quality needed for effective use. All purchasing must have the approval of the Department
Director For specific procedures, refer to the internal administrative purchasing policy Violations of the
purchasing policies and procedures will be subject to disciplinary action up to and including dismissal.
312 EMPLOYMENT VERIFICATIONS/REFERENCES
To protect the City and staff from potential legal claims related to information released about current and former
employees. all verifications, references, and inquiries regarding current and former employees must be referred
directly to Human Resources
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SECTION 5,
City of Wheat Ridge Personnel Policies
BENEFITS, PROGRAMS, AND LEAVES
Sections Revised: 518,548,5 7A, 5 7E, 5 11, 5,12 A,1 514 G 3
Approved by Council:
,2004
51
GUIDELINE
The City Manager, subject to budgetary limitations set by the City Council, may provide fringe benefits to
employees, Such benefits may be enumerated and explained to Employees through these Policies, meetings,
orientation, memoranda, booklets, etc.
A. Except as may be governed by law or written agreement, benefits may be increased, decreased, eliminated,
changed or modified from time to time as deemed necessary or appropriate by the City Manager and approved
by budget action of the City Council. The City will make a reasonable effort to provide employees with a
minimum of thirty (30) calendar-day notice prior to the effective date of any benefit change which results in a
reduction of benefits.
B. Leave and holiday time off as described in this section, excluding work breaks ond 'IOC3tion leave, may be
requested and approved in increments of at least 1/4 hour Leave and holiday time used, if less than 1/4 hour,
will be charged as 1/4 hour used.
C Some of the following benefit programs are described in greater detail in benefit plan documents that may be
reviewed in Human Resources. None of the following Policies is a summary plan description under the
Employee Retirement Income Security Act, as amended or under any other statute, regulation or rule. In the
event of any conflict between the following summaries and the tenns of any employee benefit plan, the terms of
the employee benefit plan shall control. Employees may review copies of any applicable summary plan
description or benefit plan by contacting the Human Resources Office.
5.2. EMPLOYEE ASSISTANCE PROGRAM
A. The following policy reflects the City of Wheat Ridge's concern for the well being of its employees as well as its
dedication to the efficient accomplishment of its organizational goals. The City recognizes that an employee or
member of his or her immediate family may have personal problems and various emotional problems and such
problems may adversely affect the employee's job perfonnance. The City believes resolution of these
problems is in the best interest of both the employee and the City Therefore, the City of Wheat Ridge has
contracted to make available to all employees and their families a free counseling and referral service.
B. The City encourages any employee who is experiencing any personal problem to seek assistance, either by
contacting a manager or the Human Resources Manager, or through outside service organizations.
1 Self-Referral - The City encourages any employee who is experiencing a personal problem to seek
assistance, either by contacting his or her supervisor, Department Director, the Human Resources
Manager, or through outside service organizations.
2. Suoervisorv-Referral - When a supervisor becomes aware of a developing pattern of unsatisfactory job
perfonnance which has not been corrected through the City's standard disciplinary procedures or the
employee's own efforts, and when the supervisor believes it can be improved by participation in the
program, the supervisor may recommend or require the employee seek assistance,
C It is not the role of any supervisor or manager to attempt to diagnose or resolve any employee's personal
problems. However, it is the responsibility of the supervisor to be clear about the job perfonnance expectations
of employees, to document specifically any deviations from these expectations, both positive and negative, and
to take appropriate corrective action in the event the employee's job perfonnance fails to meet acceptable
standards.
D Only documentation relating to job perfonnance may be placed in the employee's personnel file; however no
reference to suspected personal problems will be included, only when those personal problems directly relate
to the perfonnance problem(s).
E. The City will not discriminate against any employee in tenns of job security or promotional opportunities based
in any part on the VOluntary use of the services discussed herein. Neither will participation in an assistance
program alter the job perfonnance requirements of any employee.
F Personal problems are the responsibility of the employee and, beyond the initial assessment and referral from
the employee assistance program, it shall be the responsibility of the employee to bear the cost, in conjunction
with insurance.
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53
RETIREMENT
Participation in a Retirement Plan is mandatory for all employees. Determination as to which plan will be used will
be in accordance with regulations established by the City Details of plans are available in Human Resources.
54 OFFICIAL HOLIDAYS
A. ReQular HoIidavs - The following holidays are recognized as municipal holidays for pay purposes. Regular full-
time, regular part-time, and trial service employees have these days off with pay'
New Year's Day Independence Day Veteran's Day
President's Day Labor Day Thanksgiving Day
Martin Luther King, Jr Day Memorial Day Christmas Day
1 During official holidays, most City departments will be closed. Exceptions are those departments
responsible for providing public safety and emergency services and the recreation center
2. When a day recognized as a holiday by the City falls on Sunday, the following Monday is observed as the
holiday When a day recognized as a holiday by the City falls on Saturday, the preceding Friday is
observed as the holiday
B Work on a Holidav
1
Any covered employee nonnally eligible for holiday benefits who must work on a day designated as a
holiday under the provisions of this Personnel Policy, or such other day as authorized by the City, is paid at
the employee's hourly rate of pay for the hours worked. In addition, full-time employees receive eight (8)
hours of holiday f}aY time-off and regular part-time employees receive prorated hours of holiday f}aY time-
off
a
Holiday time-off hours, with the exception of those accrued on Thanksgiving Day and Christmas Day,
must be used by the December 31st of the year in which they were accrued or they will be forfeited.
b The hours accrued on Thanksgiving Day and Christmas Day, if not used. will be paid no later than the
first pay period in the year immediately following said holidays,
2. When a day designated as a holiday under the provisions of this Personnel Policy, or such other day as
authorized by the City, falls on an eligible covered employee's normally-assigned day off, the full time
employee receives eight (8) hours of holiday pay and the regular part time employee receives prorated
hours of holiday pay
C Other Conditions and Limitations - To be granted designated holiday leave with pay, an employee must work or
be on paid leave the last working day before and the first working day after the holiday
D Upon termination for whatever reason, an employee shall be compensated for unused holiday leave. However,
the official separation date shall be the last day of active employment and shall not be extended with unused
holiday leave unless pre-authorized by the City Manager
55 FLOATING HOLIDAYS
A. In addition to the aforementioned official holidays, regular full-time employees shall be granted two (2) floating
holidays at the first of each year A floating holiday shall be equivalent to one (1) workday Regular part-time
employees will receive the floating holidays on a prorated basis.
B The exceptions to 5.5.A. are: an employee who is hired on or between June 30 and October 1 shall receive only
one (1) such holiday for such year; an employee who is hired after October 1 shall not receive any such floating
holiday for such year
C With the exception of 5.5.F., floating holidays cannot be converted to cash and must be utilized during the year
in which they are earned or will be forfeited.
D An employee shall be required to apply all accumulated floating holiday time when utilizing On-the-Job Injury
Leave, FMLA, Disability Leave and all other applicable Leaves as described and referenced in Section 5.
E. Use of a floating holiday requires advanced approval from the employee's immediate supervisor Completion
of a Pre-Authorization for Leave fonn may be required.
F Upon termination, employees will be paid for accrued, unused floating holiday hours. However, the official
separation date shall be the last day of active employment and shall not be extended with unused floating
holiday leave unless pre-authorized by the City Manager
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56. RELIGIOUS HOLIDAY OBSERVANCE
An employee who wishes to be excused from work in observance of a religious holiday will request approval of the
absence from the Department Director If approved, the time off is charged against vacation leave, floating holiday,
or compensatory time.
57 VACATION LEAVE
A. Eliaibilitv - Regular employees and regular part time employees ore eligible to use accumul:3ted vac3tion leave
from the initial date of hire. Vac3tion leave for :3 rogular part time employee is accrued from their employment
date at a prorated rate. Regular employees accumulate vacation leave from the initial date of hire and the
increase in vacation allocation, due to a length of service change, is effective on the employee's anniversary
date All regular full-time employees receive vacation leave according to the following schedule, regular part-
time employees receive vacation leave at a prorated rate
COMPLETION OF VACATION HOURS
YEARS OF SERVICE PER MONTH
Less than 6 8
6-10 10
11-15 12
16 Years and Over 14
2. The increase in vocation allocation due to a length of service change is effective on the employee's
anniverElary date of hire.
S. Maximum Hours - Employees may carry over from one (1) year to the next all allowable accumulated vacation
hours. As of December 31 of each year, no employee will be permitted to have an accumulated amount of
accrued vacation leave in excess of two hundred forty (240) hours. Any employee who has accumulated more
than 240 hours of vacation will cease to earn any additional vacation until such time as the employee's vacation
leave accumulation is reduced to or below 240 hours.
C Use of Vacation
1 Employees eligible for vacation accrual must work or be on approved leave, including leave without pay if
such leave without pay is for less than fifteen (15) calendar days, for all scheduled working days in a month
to earn vacation leave for that month.
a. If, during the period an employee is on vacation leave, a condition occurs that would allow the
employee to take sick leave or other justifiable leave, this condition should be reported to the
Department Director In the case of illness, a statement from a physician verifying any period of illness
may be required to be submitted. The Department Director must then charge this period to sick leave
or other appropriate leave. If this is not followed, vacation leave will continue to be charged.
b. Designated holidays which occur during vacation leave shall not be charged against vacation time.
2. Regularly Scheduled Day Off - Vacation hours shall be charged against the employee's accrued vacation
for only those hours that the employee is regularly scheduled to work.
3. Forfeiture of accrued leave as a disciplinary action shall not be authorized. No employee shall lose
accrued vacation leave when promoted, demoted, or transferred.
D Grantina of Vacation Leave
1 The dates and length of time an employee uses accrued and accumulated vacation leave requires prior
approval by the employee's immediate supervisor All non-exempt employees may be required to request
said leave, in writing on a Pre-Authorization for Leave form and submit to his/her supervisor as soon as
possible.
2. While supervisory personnel will strive to accommodate staff requests relating to vacation scheduling, such
requests cannot always be honored and various factors including the business needs of the City, effects on
employee performance, and public safety, may affect vacation schedules. In some circumstances, the City
may need, and reserves the right, to cancel previously scheduled and approved vacations.
3. Unless agreed upon in advance, vacation compensation will be paid on the City's customary payday, at the
employee's rate of pay at the time vacation commences. Employees on vacation will be paid for eight (8)
hours for each vacation day, and will have eight (8) hours deducted from their accrued vacation
entitlement.
4 An employee may not take more vacation leave than they have accrued as of the date such leave is used.
5 An employee who takes vacation leave without authorization may be subject to suspension without pay for
a period equal to three (3) times the amount of time so taken; may not be paid for such unauthorized leave;
and may be subject to dismissal.
5-3
E. Compensation for Accrued Vacation Leave - For purposos of oomputing 'JaGation "sep:mltion P3Y," the
employee must work the full month for that month to be inoluded in the oomputation of accrued 'IDeation. Upon
termination, retirement or death, employees will be paid, at the employee's base rate of pay, for all allowable
accrued, unused vacation time.
1 Vacation time does not acorue during any partial month '....orked, but is earned only upon the completion of
a full o31endar month of continuous employment. Payment for acorued and unused vacation le3\'e shall be
made 3t the employee's bose r3te of pay. The official separation date shall be the last day of active
employment and shall not be extended with unused vacation leave unless pre-authorized by the City
Manager
2. Upon the death of an employee, compensation of unused accrued vacation leave shall be paid to the
estate of the deceased employee,
F Vacation Cash-Out and Reauired Vacation - An employee may, once each calendar year, request and receive
payment in exchange for accrued vacation leave for hours in excess of eighty (80). The maximum number of
vacation hours that may be exchanged is forty (40) hours. An employee who requests a cash payment for up
to forty (40) hours of vacation leave does not need to provide justification. However, the employee is required
to take at least one (1) week of actual vacation/rest time each calendar year unless the exception is approved
by his/her Department Director Forms to request vacation cash-out may be obtained in Human Resources.
58 SICK LEAVE
A. Eliaibilitv - Regular full-time and regular part-time, and trial service employees within these classifications, are
eligible to accrue and use sick leave.
B. Accrual
1 Effective on appointment, all full-time employees shall earn and accrue sick leave on the basis of eight (8)
hours for each month worked. Regular part-time employees shall earn and accrue sick leave at a prorated
basis. An employee must work or be on approved leave for all scheduled work days in a month to earn
sick leave for that month. Leave without pay will qualify as approved leave if the total length of such leave
without pay is for less than thirty (30) calendar days.
2, Forfeiture of sick leave as a disciplinary action shall not be authorized. An employee shall not lose sick
leave accrued when promoted, demoted, or transferred.
3. Employees shall earn and accrue sick leave from their date of hire and accrual is recorded month to month
on an anniversary date basis. Employees who are reinstated shall earn and accrue leave as though their
date of reinstatement is the date of hire.
4 Sick time shall be charged against an employee's accrued sick leave for only those hours that the
employee is regularly scheduled to work. Designated holidays that occur during sick leave shall not be
charged against sick time.
C Accumulation - Sick leave accrual is unlimited for all eligible active employees who were employed by the City
prior to February 13, 1990 All eligible employees hired on or after February 13, 1990 are limited to 480 hours.
D Use of Sick Leave - Sick leave may be requested in the case of personal sickness or disability or medical or
dental treatment. Sick leave may also be used for an illness or injury within the employee's immediate family,
when it is necessary for the welfare of the employee's family The Family and Medical Leave Section of this
Policy states other conditions under which sick leave may be requested.
E. Activities Incompatible with Sick Leave - Any employee who is absent after requesting sick leave may not
engage in work or other activities that are in conflict with the reasons given for use of sick leave by the
employee for being on sick leave. While on sick leave, an employee must not engage in any activity which
would hamper his/her ability to return to work.
F Abuse of Sick Leave - In the event of questions concerning sick leave usage, supervisors may require written
documentation.
G Usage not related to FMLA or an approved absence, which affects an employee's performance or ability to be
relied upon, whether or not in excess of the accumulation rate, may be a factor of consideration in potential
transfers, promotions, pay increases, disciplinary action or any personnel transaction.
5-4
H. Confidentiality - All documentation related to the employee's or family member's medical condition is held in
strict confidence and maintained in the employee's confidential medical file in the Human Resources Office.
Payment of Group Health Premiums - Any portion of group health plan premiums which the employee has paid
before starting an FMLA leave must continue to be paid by the employee during the leave. Any changes to
premium rates and levels of coverage or other conditions of the plan that apply to other active employees also
applies to eligible employees on FMLA leave. Payments for insurance will be deducted through the payroll
process if possible. If payroll deductions are not possible, the employee will be required to remit payment by
the time designated by the City The City's obligation to maintain group health benefits ends after a premium
payment is more than 30 days late. If coverage should lapse while the employee is on FMLA leave, equivalent
coverage will be restored upon return to work and he/she will not be required to meet any qualification
requirements imposed by the health care plan. If the employee is able, but does not return to work after the
expiration of leave, the employee will be required to reimburse the City for applicable payment of insurance
premium(s) incurred during the FMLA leave.
J Rights Upon Return to Work
1 Early Return - Since an employee may only be required to take FMLA leave for reasons that qualify and
may not be required to take more leave than necessary, the employee may be promptly restored if the
employee requests reinstatement earlier than originally scheduled, but should where foreseeable, give the
City reasonable advance notice, generally at least two working days.
2. Upon the return to work, an employee who has been out on leave due to a serious health condition, must
provide a medical certification release stating the employee can resume work and perform the essential
functions of the position with or without reasonable accommodation(s).
K. Substitution of Paid Leave - An employee must apply all available accrued leave for the period of time in which
the employee is entitled under FMLA. No leave without pay can be taken until all accrued leave has been
used
L Employment Protection - Except as otherwise provided by the FMLA, employees returning from FMLA leave
will be restored to the same position held before the leave, or an equivalent position. The City does not
guarantee any position to an employee who does not return to work after the twelve (12) workweek Family
Leave period (which includes any vacation, sick, holiday, or compensatory leave used by the employee while
on Family Leave).
M. Effect of FamilY Leave Upon Seniority and Continuitv of Service - An employee is not entitled to seniority or
benefit accruals during periods of unpaid family and medical leave. However, an employee does not lose
seniority or benefits accrued prior to family and medical leave. In addition, the next date of performance
appraisal shall be adjusted by the amount of time in accordance with Section 6 7
N. Failure to Return from Leave - An employee who fails to return from Family Leave will be terminated after three
(3) days of no report. An employee who is unable to return from leave at the time scheduled should contact
Human Resources at least two (2) weeks in advance to request an extension of leave. If an employee fails to
return from leave, the City may recover insurance premiums for any period of time that an employee was on
Family Leave without pay in accordance with FMLA regulations.
510
DOMESTIC VIOLENCE LEAVE
On April 19, 2002, a new law became effective in Colorado that addresses domestic violence in the workplace.
Specifically, the law provides that an employer may seek a civil restraining order for the protection of its employees.
In the event, an employee becomes a victim of domestic violence, stalking, and/or sexual assault, he/she may be
eligible to receive up to three (3) days of leave to attend to a number of related matters. Eligibility information and
requirements may be obtained in the Human Resources Office.
511
ON-THE-JOB INJURY LEAVE
An employee injured on the job must report the injury ::lnd determine within twenty-four (24) hours and, in
conjunction with the supervisor, determine if immediate medical attention is required. If so determined, the
employee shall report to the appropriate facility and a worker's compensation claim form is initiated immediately
A Grantina of Iniury Leave
1 A regular employee who is injured or develops a work-related illness in the line of duty shall be granted
injury leave with pay for a period of ninety (90) calendar days, if the illness or injury is determined to be
compensable under worker's compensation as defined by the worker's compensation law
5-7
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b. When a report is issued by a physician finding a permanent disability that disqualifies the employee for
his/her position; or
c. When, after ninety (90) calendar days from the date of injury has lapsed, the Department Director
determines a continued vacancy would adversely impact the department's operation.
2. At such time the employment relationship is severed, the employee will receive full payment for all
remaining accrued leave; may, if approved, utilize the City's disability insurance; and, will be given the
opportunity to continue to participate in the group insurance program(s) through COBRA The employee
may, if approved and accepted, utilize the City's disability insurance and/or Worker's Compensation
provisions.
3. The employee will be placed on the Re-Employment Eligibility List for a period of 12 months. When the
employee is available to work, he/she shall be considered for the first vacancy to a position for which
he/she possesses the qualifications. It will be the responsibility of the employee to contact Human
Resources for consideration of employment.
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512. DISABILITY LEAVE
A Granting of Disability Leave
1 Regular full time Employees eligible for Disability benefits, who are unable to perform the functions of their
job due to a qualifying non-work related injury or illness, may be granted Disability Leave, for a period
typically not to exceed ninety (90) calendar days, provided the necessity for leave time is verified by a
physician, in writing, a reasonable accommodation cannot be made, and the Department Director
determines that an extension of other leave cannot be provided.
2. An employee on Disability Leave shall be required to utilize all accumulated leave, with sick leave to be first
exhausted and then compensatory, holiday, and vacation leave. Should the injury/illness be such that the
employee is unable to return to work after exhausting all accrued leave, said benefits shall not continue to
accrue and the employee will be placed in an unpaid leave status. All leave time utilized through this policy
shall be applied to Family Medical Leave as outlined in Section 5.9
3. For the duration of the Disability Leave, the City shall maintain the employee's insurance benefits. The
employee is required to continue to pay the employee portion of insurance premiums (when applicable)
while on Disability Leave, as long as the employee remains in paid status and provided such continuation is
not prohibited by the group insurance contract. Should the employee revert to an unpaid leave status, the
employee will be required to pay the full costs to include the City's portion and the employee's portion, for
continuation of insurance coverage. This would include all insurance premiums with the exception of
disability
B Return to Work
1 Employees able to return to work within ninety (90) calendar days of a disability shall be restored to their
former position or to a comparable position at the same rate of pay and benefits. The employee's seniority
date with the City and any benefits that are based upon length of service shall be adjusted to offset the
period of time that Injury Leave was taken without pay In addition, the next date of performance appraisal
shall be adjusted by the amount of time in accordance with Section 6.7
2. The employee shall notify the Department Director of an estimated return to work date and provide a
written release from the attending medical provider The Department Director is responsible for notifying
Human Resources of the employee's date of return.
C Limitations of Disabled Emplovees
1 Employees who are unable to return to work after ninety (90) calendar days of a disability will not be
guaranteed reinstatement to their former or comparable position at the same rate of pay
2, If it is determined that an employee is capable of performing limited duties prior to their release to normal
duties, the employee may be assigned duties within the conditions set forth in the physician's certificate,
subject to the availability of the established duties. A reassignment of duties shall be reviewed and
compensation will be established based on a labor market study of said duties, the employee's experience,
qualifications and longevity
3. Any employee who believes that a health condition has rendered him/her unable to perform the essential
functions of his or her job shall promptly report that condition to their supervisor, and request all specific
forms of accommodation the employee believes will permit him or her to perform those essential functions.
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'"
2. An employee who fails to return at the end of the three (3) months or who voluntarily extends his military
service beyond that obligated or originally contracted, shall be deemed to have voluntarily resigned,
effective as of his last day of active duty with the City
E. Pension Riahts Retained - Any employee receiving a leave of absence in accordance with this section and
participating in a City pension plan shall retain all rights accrued up to the time of taking such leave and shall
have all rights subsequently accruing under such plan as if he/she had been actually employed during the time
of such leave. Any increase in the amount of money benefits accruing with respect to the time of such leave is
dependent upon the payment of any contributions or assessments, and the right to such increase is dependent
upon the payment of such contribution or assessments within the period of time equal to three times the actual
military leave not to exceed 5 years after the termination of such leave and upon such terms as the authorities
in charge of the system may prescribe. (C RS 28-3-606)
F Health Insurance - For military leave without pay of longer than ninety (90) calendar days, the employee, if
continuation of coverage is desired, will be responsible for expenses necessary to pay the premiums.
Continuation of coverage at the City's group rate may not exceed eighteen (18) months from the date military
leave begins.
G Reinstatement
1 Employees shall be reinstated in the position they would have obtained had he not gone on military leave, if
military service did not exceed 90 days; or if military service exceeds 90 days, the employee shall be
reinstated as per above or to a position of like seniority, status, and pay at the same rate of pay which
would have been received without such leave. The following conditions apply'
a. The position has not been abolished; (C RS 28-3-604)
b. The employee is not physically or mentally disabled from performing the duties of such position. The
City will make "reasonable efforts", as long as these efforts do not pose any undue hardships, to
accommodate any service-connected disability
c. The employee requests reinstatement to the appointing authority within ninety days after discharge from
hospitalization or medical treatment which immediately follows the termination of and results from such
service, but such application shall be made within one year and ninety (90) days after termination of
such service, notwithstanding such hospitalization or medical treatment;
d. The employee submits an honorable discharge or other form of release by proper authority indicating
that his/her military service was satisfactory (C RS. 28-3-604)
e. For military service of 30 days or less, an employee must report to his/her supervisor on the first
scheduled workday following the military service. For service from 31 to 180 days, application for
reinstatement must be made within 14 days after completion of the service. For military training or
service of 181 days or more, application for reemployment must be submitted within 90 days after
completion of the period of service.
2, Upon such reinstatement, the employee shall have the same rights with respect to accrued and future
seniority status, efficiency rating, annual leave, sick leave, and other benefits as if he/she had been actually
employed during the time of such leave. No employee so reinstated shall be removed or discharged within
one year thereafter, except for cause and after notice and hearing; but this shall not operate to extend a
term of service or office limited by law. (C RS. 28-3-604)
3. Regardless of length of service, all accrued vacation leave, (vacation, compensatory, holiday and sick, if
applicable), shall be paid an employee who has been granted wartime and military leave before placed on
leave without pay
515 BEREAVEMENT LEAVE
A. In the event of a death in a full-time employee's immediate family, the employee may be granted time off with
pay, up to a maximum of one workweek. Said time will not be charged to vacation, sick, holiday, or
compensatory leave. Bereavement leave may be granted for use as a grieving period after the death of a
member of the immediate family and/or for settlement of estates of the immediate family
B Should an employee require additional time other than provided for in 5 15,(A), said time may be requested from
the Department Director and such time shall be charged to the employee's accrued vacation, sick, holiday, or
compensatory leave. Employees may be required to complete a Pre-Authorization for Leave form.
C Amount of leave to be granted shall be at the Department Director's discretion with City Manager's approval,
considering travel distance and relationship to the deceased.
D Management may require the employee to provide substantiating evidence. Any misrepresentation in
connection with a Bereavement Leave may result in discipline up to and including dismissal.
5-11
6.5 PAY UPON ADDITIONAL RESPONSIBILITIES
When two or more actions affecting pay occur on the same effective date, the new pay range and rate shall be
computed in the following sequence as applicable:
A. If more than one personnel action occurs on the date an employee's performance increase is effective, the
performance increase, if warranted, shall first be applied before other pay adjustments are made.
B If the employee is promoted or demoted, the appropriate pay adjustment shall apply along with any pay range
adjustments effective the same date.
66 CHANGE IN STATUS
A, Promotion - When an employee is appointed to fill a higher position, the employee will receive an adjustment in
his/her pay that reflects a 1 O%increase or placement to the minimum of the new pay range, whichever is greater
Should the increase result in an amount not registered within the new pay range, the employee will receive the
additional increase necessary to place them at a pay amount that is reflected in the new pay range. Under no
circumstances will the employee's pay exceed the maximum salary amount assigned to the new position. The
performance appraisal period will be the date in which the promotion becomes effective as determined by the
Department Director and approved by the Human Resources Manager Time worked in an interim status
immediately prior to the Promotion may be credited toward determination of the evaluation period.
S Reclassification
1 Market Study - A reclassification established due to a market study of the City's Classification Plan which
determines a position to be improperly compensated shall result in the following:
. The effective date shall be the 1 st of the year following approval of the City Council; the performance
appraisal date of the employee affected by such reclassification shall not change; and, the pay rate
received shall reflect the length of time the employee has been in said position if the reclassification
results in a higher pay level. If the reclassification is a downward movement, Section 6.6.(C).2. applies.
2. Organizational Change - A reclassification received due to a change of structure in the organization but not
as a result of an addition to staff shall result in the following:
. The effective date shall be when such change goes into effect as approved by the City Manager The
performance appraisal date will be affected in accordance with the provisions in this policy The pay rate
received shall be in accordance with Section 6.6.(A) if assignment reflects a higher pay level; Section
6.6.(C).2., if assignment is a lower level; and 6.6.(0)" if no change in assignment is warranted.
3 Change Job Duties and Responsibilities - When the duties and responsibilities of a job appear to have
significantly changed, the following may result:
. The effective date and pertormance appraisal date for this type of reclassification shall be determined by
the Department Director and approved by the City Manager However, in no case will the reclassification
date be established prior to the last date the employee was scheduled to receive a performance
appraisal. The 3ppr3isal d3te of the employee 3ff-ected by such recl::lGSifiwtion shall not change. The
pay rate received shall reflect the length of time the employee has been in said position if the
reclassification results in a higher pay level. If the reclassification is a downward movement, Section
6.6.(C).2. applies and if the result is neither a higher nor lower pay level assignment, Section 6.6.(0)
applies.
C Demotion - An employee may be demoted to a position of lower grade for which he/she is qualified. The
decision to demote and to determine whether an employee is qualified for a lower-grade position resides in the
discretion of the City Manager and the relevant Department Director All demotions must receive the approval of
the City Manager and Department Director concerned.
1 Disciplinary reasons - A pay rate within the position's pay range will be determined by the City Manager
2. Non-disciplinary reasons - The employee's pay shall be placed within the new pay range to the point closest
to his/her current salary In the event the current salary is higher, the salary will be frozen until such time as
the new range exceeds the frozen salary, excluding cost of living increases, at which time the rate will
conform to the top step of the new range.
3 The performance appraisal period will be the date in which the demotion becomes effective as determined by
the Department Director and approved by the Human Resources Manager
D Lateral Chanae - When an employee transfers to a position in the same pay range, the evaluation date and pay
rate will remain unchanged.
E. Reversion of Emplovees in Trial Service Period - When an employee in a trial service period reverts to a class to
which he/she is certified or to another class at the same level, the pay shall be determined as though he/she had
remained in the class to which he/she is certified and the performance appraisal date shall not change. When a
trial service employee is demoted for non-disciplinary reasons or accepts appointment in a lower class, the pay
shall be determined as though he/she were originally appointed in the lower class.
6-2
6 7 PERFORMANCE APPRAISALS
A The City recognizes the importance of accurate employee evaluation, Performance appraisal is designed to
provide two-way communication between the supervisor and the employee and to identify an employee's level of
performance. The City's evaluation process recognizes the importance of developing goals for each employee in
a joint process between the supervisor and the employee.
S. A written performance appraisal will be completed for each employee by the immediate supervisor and approved
by the Department Director in accordance with administrative regulations and at any other time a supervisor
deems appropriate. Increases for satisfactory performance will be awarded in accordance with the merit system
in place.
C Performance Appraisal Date - An employee's performance appraisal date is established in accordance with the
Performance Review System in force and shall remain at that date until one of the following:
1 Promotion & Demotion - When an employee is promoted to a higher class or demoted to a lower class, the
employee's performance appraisal date of such reversion shall become the new performance appraisal date.
2. When an employee's position is reclassified, refer to Section 6.6 B Changes in Status, for the appropriate
assignment.
3 The performance appraisal date shall change in the event of extended leaves in excess of thirty (30) days,
upon which the total days absent will be added to their current performance appraisal date, e.g.
· Employee is out 29 days = evaluation date of June 1 remains unchanged
· Employee is out 45 days = evaluation date of June 1 changes to July 16
4 An employee receiving an Indeterminate or Unacceptable Performance Appraisal shall be re-evaluated at
least every sixty (60) days until such time that the employee meets satisfactory performance or is
determined, by the supervisor, unable to meet the expectations as expressed. This in no way limits the
number of documented counseling sessions to be held during this period. However, this extended review
period should not exceed six (6) months. Further extension must be approved by the Department Director
If a review is extended for said reasons, the effective date for any attached pay adjustment will reflect the
date upon which a satisfactory review is effective,
D Employees should always feel free to discuss their performance with their supervisors at any time. Supervisors
may, from time to time, initiate such discussions. It is the responsibility of the supervisor to conduct performance
evaluations in a timely manner If at any time any employee believes his/her performance evaluation is overdue,
the employee should inquire to his/her supervisor
E, Only documentation relating to job performance may be placed in the employee's personnel file There shall be
no reference to suspected personal problems other than those that directly relate to the employee's performance
F The employee who is dissatisfied with the content of a performance appraisal may not appeal pursuant to the
Problem Solving Procedure, unless the employee makes a claim of harassment, retaliation, or discrimination.
The reason for denying access to such procedure is that any appraisal of performance, by necessity, involves the
discretionary application of criteria to an individual's job performance which is deemed a legitimate function and
prerogative of supervisory personnel. The employee may, however, prepare a statement of his/her response to
the evaluation conclusions in writing that will be retained in the employee's personnel file, together with the
original evaluation.
6 8 PERFORMANCE RECOGNITION
A Pay Increase - Employees who exhibit acceptable job performance may be recommended for a pay increase
within the assigned salary range of the position and in accordance with the budget. The pay increase shall be
supported by a performance appraisal completed by the immediate supervisor and approved by the Department
Director and Human Resources Manager Said pay raise shall be effective on the employee's established
performance appraisal date, unless otherwise stipulated in the compensation plan
S. The pay increase raises the level of the employee's base salary and shall not, in any case, exceed the maximum
of the salary range for the employee's classification as established in the compensation schedule,
C. Part-time and intermittent employees may be granted pay increases in the same way as regular full-time
employees within the confines of the compensation schedule.
D Employees not performing acceptable work are not eligible for merit pay increases.
6-3
6 9. OVERTIME PAY AND COMPENSATORY TIME
It is the policy of the City to avoid the need for overtime work in order to minimize the financial liability caused by
accumulated overtime. Overtime may be necessary for the protection of the lives or property of the residents of
Wheat Ridge or the efficient operation of City departments. Authorized overtime is to be kept to a minimum.
A. Non-Exempt Emplovees-An employee not in an exempt position who works time in excess of the standard work-
week, shall be compensated for overtime. Compensation may be in the form of payor compensatory time off
The City pays FLSA non-exempt employees for authorized overtime as follows:
a Eligible employees shall be paid overtime at the rate of one and one-half (1%) times their regular hourly
rate for time worked in excess of forty (40) hours actually worked in a workweek. Law enforcement
personnel, as defined by FLSA, working a schedule other than forty (40) hours per week, shall be paid
overtime in accordance with FLSA.
b. Compensated days of leave such as sick, injury, compensatory time, holiday, annual or other paid leave
shall not be considered as time worked for the purposes of computing overtime.
c. When it is necessary to direct employees to report for emergency overtime work, see Section 6 10
d. When an employee appears in court while off-duty, as a witness in a matter arising from his/her job-
related duties, see Section 5.20 B
2. Compensatorv Time - It is a condition of employment with the City that an employee shall receive
compensatory time at one and one-half (1 %) hours for each hour worked in excess forty (40) hours per
week, to the maximum accumulated amount allowed. The accumulation and use of compensatory time by an
employee is documented on the employee's timesheet.
a The employee's ability to take compensatory time off is dependent on the department's operational
requirements.
b. If a non-exempt employee has taken approved compensatory time off in excess of his/her accrued
compensatory time, that excess compensatory time off shall be deducted from his/her accrued vacation
leave. If the employee has no accrued vacation leave, that time shall be charged as leave without pay
3. To be eligible to work overtime, the employee must first receive prior approval from his/her Department
Director or designee. An employee must inform his/her supervisor of any work situation that could cause the
employee the need to work any hours above his/her standard workweek.
4 All compensatory time hours earned or used must be reported on employee time sheets and approved by
the supervisor and Department Director
5 Supervisory employees shall have the authority to require overtime work as necessary All employees are
required to work overtime when deemed necessary by the employee's supervisor In the event an employee
is unable to work overtime, his/her supervisor must be notified immediately
6 When an employee changes from a non-exempt status to an exempt status, any unused compensatory time
will be paid to the employee at the rate earned in the non-exempt status.
7 When a non-exempt employee receives a transfer from a current assigned department to another due to a
promotion, demotion, or lateral transfer, all unused compensatory time will remain intact and will follow the
employee to the new position to be used as approved by the Department Director or designee.
S, Non-exempt employees will be paid at termination of employment for any unused compensatory time. This
time will be paid at the employee's current hourly rate of pay However, the employee's official separation
date shall be their last date of active employment and shall not be extended with unused compensatory time.
9 Compensatory time can be accumulated up to eighty (SO) hours.
B Exempt Emplovees - While exempt employees have no entitlement to compensatory time off, they may be
granted Administrative Leave as outlined these Policies.
610 INCIDENT RESPONSE PAY - (CALL-BACK & ON-CALL)
A. Certain incidents which may occur throughout an annual period, when determined by the Director of the
responding department, require the work force to change their daily normal working hour schedule to a 24 hour
incident response schedule. In that occurrence, the following "call-back" stipulations shall be enacted:
1 Compensation - When a non-exempt on-call employee performs work in a call-back status, he/she shall be
compensated at an overtime rate for a minimum of one (1) hour or the actual time worked outside of his/her
daily normal working hour schedule, whichever is greater
6-4
2. Safety - Whenever possible, no person sRaII should be required to report for duty within ten (10) hours of the
end of the previous full and continuous shift worked. In this case, a full and continuous shift may last for a
maximum of sixteen (16) hours.
3. Travel Time - The employee will be paid at the overtime rate, for the travel time to and from the work site for
unscheduled call-back, not to exceed a maximum of thirty (30) minutes. Travel time will not be paid if the
unscheduled call-back extends into the employee's regular work shift,
B. On-Call status means the employee should be prepared to return to the workplace or a designated work site to
perform specific job duties. The employee is obligated to ensure he/she remains available within the required
response time and in a non-impaired condition, fully able to safely perform job duties, Since on-call status is
restrictive and inhibits the employee's personal activities, the following will apply.
1 The rate of pay for on-call status is equal to two (2) hours base pay for each twenty-four (24) hours the
nonexempt employee is on-call.
2, No On-Call time will accrue during the period the employee is working in a Call-Back status or during his/her
normal working hour schedule.
C The Director or designee of the responding department shall determine when the incident has concluded and the
daily normal working hour schedule is reinstated.
6 11 MULTIPLE CITY POSITIONS
Any employee may occasionally (not regularly) work in a different position for the City on a part-time basis or as a
volunteer, without having those hours counted as hours worked for computing compensatory payor overtime pay,
provided that the work is not similar or related to the work usually performed by the employee, and so long as the
employee requests and volunteers to work in the part-time job or volunteer position. If the employee is required and
assigned by a supervisor to work in the part-time or volunteer position, those hours worked must be counted to
determine the overtime or compensatory time due for the work week.
6 12. LONGEVITY PAY
Longevity pay as a benefit for length of service, shall be applicable only to those regular full-time and regular part-
time employees who were employed prior to the effective date of Ordinance Number 231, and shall be discontinued
as a fringe benefit for all persons hired subsequent to the effective date of that ordinance dated April 3, 1977 Such
pay shall be computed by using the individual's base salary as determined at the beginning of the employee's
longevity pay eligibility year with the City Longevity pay shall be computed in equal installments and paid on each
pay period at the rate of fIVe (5%) percent of base salary Base salary shall mean the current salary paid to the
employee as authorized in the compensation schedule for his classification, exclusive of fringe benefits, paid
overtime and other premium pay Total monthly salary, including longevity pay, shall not exceed the maximum pay
for the classification of the employee as established in the Compensation Schedule. Service with any other
governmental agency or other employer shall not be included in the computation of longevity pay
6 13 PROVISIONS APPLICABLE TO DEPARTMENT DIRECTORS AND THE CITY MANAGER
As stated in Section 1 3, the Personnel Policies shall apply to all employees of the City of Wheat Ridge, Colorado,
unless otherwise specified in City code, by written agreement, or within these policies.
A. Compensation - The City Manager's salary shall be set at the prerogative of the City Council. The City Manager
shall recommend salary ranges for Department Directors, except the City Clerk and Treasurer, based on relative
responsibilities of work, comparability to prevailing rates for like work, and other pertinent economic data.
B Benefits - With the exception of the City Clerk and Treasurer, all fringe benefits and procedures relating to
benefits outlined in these Policies and Procedures shall apply equally to Department Directors and the City
Manager; however they may be given alternate or additional benefits, with approval of Council.
C Perfonnance Appraisal - The Department Director's work performance, with the exception of the City Clerk and
Treasurer, shall be formally reviewed at the discretion of the City Manager The City Manager's work
performance will be formally reviewed at the discretion of the City Council.
D Dismissal - The City Manager may be dismissed only by the City Council. Any Department Director appointed
by the City Manager may be dismissed only by the City Manager All Department Directors, with the exception of
the Treasurer and City Clerk, report to the City Manager The Treasurer and City Clerk are elected positions.
Any Department Director or officer of the City who is appointed by the City Council may be dismissed only by the
City Council, either at its discretion or upon recommendation of the City Manager
6-5
City of Wheat Ridge Personnel Policies
SECTION 11
DISCIPLINARY ACTION AND APPEAL PROCEDURE
Section(s) Revised: 11,3,A 11 7 C , 11,90 11,9E,
Approved by Council:
,2004
11 1 DISCIPLINE
The City expects all employees to perform their job duties to the highest professional.an.d business standards at all
times. Whether or not an employee's performance, conduct or behavior warrants diSCiplinary action IS Within the
judgment and discretion of the City, as is the appropriate type of discipline in a particular instance. The City does
not intend by this Policy to create any expectation that any employee will be assured of any particular form of
disciplinary action, such as warning or notice, or progressive discipline, prior to dismissal. The City therefore
reserves the right, in all instances, to review each situation independently and make a decision on what it deems to
be appropriate discipline in all cases, up to and including discharge. Action taken by management in an individual
case should not be assumed to establish a precedent in other circumstances.
11.2. APPLICATION OF DISCIPLINE
The Disciplinary Action and Appeal Procedure applies to all classified employees and does not include: the City
Manager, Elected Officials, temporary, seasonal, volunteer, Federal/State or specially funded intern employees,
employees in a trial service status or as otherwise specified herein.
11 3 DEFINITIONS
A. Disciplinary Authority - shall be the City Manager or his/her designee, Department Directors, Human
Resources Manager, Division Managers, and Supervisors, within the limits of authority as set forth in Section
11 7
B Disciplinary Action - refers to action taken by the disciplinary authority against an employee, including
reprimand, suspension, demotion, or discharge.
C Business Day - for the purposes of this Policy, a time period of 8:00 am to 5:00 pm on a day of the week
except Saturday or Sunday or City recognized holiday
D Workday - An employee's scheduled daily hours of employment.
11 4 TYPES OF DISCIPLINE
A. Consistent with the type and severity of reasons or grounds for disciplinary action, the disciplinary authority, to
include the City Manager, Department Directors, Division Managers, and Supervisors may take the following
disciplinary actions or any other appropriate action affecting current pay, status, or terms of employment:
Verbal Reprimand: Initial action may consist of the supervisor verbally warning the employee concerning
his/her work performance and counseling the employee on how to improve. A record of this discussion is
made by the supervisor and placed in the departmental employee's personnel record, (not the employee's
Personnel file as maintained in Human Resources).
2. Reprimand - Written: If a reprimand is in writing, a copy of the reprimand shall become a permanent record
in the employee's personnel file as maintained in Human Resources. The employee shall be provided a
copy of any written reprimand and shall be permitted to make a written response which shall be kept in the
employee's Personnel file as maintained in Human Resources.
3. Disciplinarv Probation (Trial Service Period): If an employee's performance is failing and he/she is not
meeting the expectations of the department, the employee, regardless of status, may be placed on a
disciplinary probation. The Department Director may deny the employee movement through the pay plan
until improvement is shown. During this period, the employee does not accrue time for compensation
review or promotion and is not allowed to compete in promotional examinations or recruitment. This action
places the employee in a review status, for a period of not less than three (3) months and no more than six
(6) months duration, to be reviewed at least every thirty (30) days. An employee placed on disciplinary
probation may be discharged for failure to meet performance requirements.
4 Susoension: A disciplinary authority may suspend an employee from employment, with or without pay
a. Exempt employees may be suspended without pay for five or more days in accordance with applicable
law A suspension without pay shall not exceed sixty (60) workdays.
11-1
11 7
AUTHORITY TO TAKE DISCIPLINARY ACTION
The City Manager or designee, Department Directors, Division Managers, and Supervisors ma~ tak~ disciplinary
action against an employee under their control for one or more of the reasons or grounds for discipline speclfi~d
above in "Reasons or Grounds for Disciplinary Action", or for such other causes as may be deemed necessary In
the given situation.
A. Suoervisors shall have the authority to give an official reprimand to an employee under their supervision and
relieve an employee of his/her duties in an emergency situation, pending further action by a higher level of
authority Certain supervisors, upon approval by their Department Director, may suspend, with or without pay,
for one (1) day A supervisor may recommend disciplinary probation, suspension, demotion, or discharge
against an employee under their supervision to their next chain of command.
B Division Manaaers shall have the authority to reprimand and suspend, with or without pay, for up to two (2)
working days. A Division Manager may recommend disciplinary probation, suspension of more than two (2)
days, demotion, or discharge to his/her Department Director
C Human Resources ManaQer shall have the authority to make recommendations of any type of disciplinary
action and/or corrective action to the Department Director in cases of discrimination, harassment, and/or
workplace violence claims
D Deoartment Directors shall have the authority to reprimand, discharge, demote, suspend with or without pay,
and place an employee on disciplinary probation. All disciplinary actions may be altered at the discretion of the
Department Director and/or designee,
11 8
DISCIPLINARY ACTION PROCEDURE
A Reorimand - A disciplinary authority may reprimand an employee orally or in writing. Oral reprimands should
be appropriately documented. For written reprimands, a copy of the reprimand shall become a permanent
record in the employee's Personnel file. The employee shall be provided a copy of any written reprimand and
shall be permitted to make a written response which shall also be kept in the employee's personnel file.
B. Susoensions for two (2) work days or less for disciplinary reasons, (not to include temporary or immediate
suspension) - Prior to imposing the suspension, the disciplinary authority shall meet with the employee to
discuss the matter and any proposed action. If the discussion to suspend is made by a disciplinary authority
other than the Department Director, the employee may request a review of the action by the Department
Director The decision of the Department Director shall be final.
C. Susoension. Demotion and Discharae - For disciplinary action other than a reprimand or suspension of two (2)
days or less, the following procedures shall be employed:
1 Upon learning of an allegation of misconduct, an investigation will be initiated no later than the next
business day after receipt of the notification to determine if the allegation is substantiated and if disciplinary
action is warranted. Recommendation for disciplinary action will be made within seven (7) days of the
completion and review of the investigation supporting the allegation of misconduct. This written notification,
titled Recommendation of Disciplinary Action, shall include a statement of the reasons for action and
may include a recommended action and shall be submitted up through the line of authority to the
appropriate Department Director Recommendations for disciplinary action shall not be made a part of the
employee's Personnel file as maintained in Human Resources.
2. Within seven (7) business days of receipt of the recommendation, the Department Director shall conduct
whatever review he/she considers necessary and appropriate. In the event he/she determines that
disciplinary action may be appropriate, the Department Director shall notify the employee in writing that
he/she is considering disciplinary action and state the reasons therefore. This written notification, titled
Notice of Consideration of Disciplinary Action, shall also advise the employee of a time and place to
meet with the Department Director in order to respond to the written notification and that the employee may
submit any written response as well.
11-4
3. Within seven (7) business days of the employee's receipt of the written notification, the Departmendt
Director shall meet with the employee and review any written response submitted by the employee, an
shall give consideration to the oral and/or written responses. The employee is ~ot entitled to ~ny
representation, including legal counsel, at this meeting. At the Department Director's. discretion,
Supervisors will be present. Thereafter, and within seven (7) business days, the Department Director shall
determine what disciplinary action, if any, shall be taken. In the event disciplinary action is taken, the
Department Director shall issue a memo titled, Notice of Discharge or Demotion or Suspension of More
Than Two Days, including a statement of reasons therefore and the effective date of the action. If a
temporary and immediate suspension was previously imposed, the Department Director may convert it to a
suspension without pay for non-exempt employees as part or all of the disciplinary action. If the
disciplinary action is discharge, demotion or suspension of more than two (2) days, the notice of
disciplinary action shall advise the employee of his/her appeal rights. The disciplinary action shall be
effective as stated in the notice of disciplinary action without regard to any subsequent appeal.
D Time Limits - Should the administration herein defined as supervisory and management personnel need
additional time to complete the review in order to determine disciplinary action, the Department Director shall
submit to the City Manager a written request for an extension of time.
119 APPEALS
A. Employees, except those identified in Section 11.2. have the right to appeal disciplinary actions that include
discharge, demotion, or suspension for more than two (2) working days. An appeal may only be initiated by
filing written notification to the City Manager within seven (7) business days after their receipt of the written
notice of a disciplinary action. The appeal must specifically state the facts upon which the appeal is based.
B. The City Manager shall meet with the appellant, within seven (7) business days after receipt of the appellant's
request, and permit the appellant to state his/her reasons for any modification of the disciplinary action.
1 The meeting with the appellant can be limited in time by the City Manager The appellant may bring
whatever matters to the City Manager's attention which are relevant, including any discipline imposed upon
others; his/her own work and discipline record; any mitigating circumstances, including any physical or
emotional illness of appellant; and any other matters.
2. The appellant shall not be entitled to bring any witnesses to the meeting, except as may be specifically
permitted by the City Manager upon prior request. The appellant may appear with his/her legal counsel at
his/her expense and the City may be represented by any person of choice. There shall be no transcript of
the meeting nor is it necessary to retain any submittals.
3. Subsequent to the meeting, the City Manager shall inform the appellant, in writing within seven (7)
business days, unless good cause exists for additional time, stating whatever determination has been
made regarding modification of the disciplinary action. The City Manager shall order whatever action is
necessary, if any, to implement his/her decision and shall notify the appellant, the Department Director and
the Human Resources Manager accordingly
C If the employee is dissatisfied with the decision of the City Manager, he/she may appeal, in writing, within seven
(7) business days, to the Human Resources Manager The Human Resources Manager shall maintain a list of
impartial and qualified hearing officers. Upon receipt of any notice of appeal of the disciplinary action, the
Human Resources Manager shall provide the employee with this list and the employee shall select a hearing
officer, based on availability If the employee does not select a hearing officer from this list within seven (7)
bUSiness days after receiving the list, the City shall select a hearing officer
D The hearing officer shall conduct a hearing within sixty (60) calendar days after the written notice of appeal is
received by the Human Resources Manager, unless good cause is shown that additional time is necessary
1 There shall be administrative. regulations promulgated which provide for notice, procedures to be employed
dunng the heanng, and the nght of the appellant to be represented by any person of his/her choice willing
to serve, including an attorney at law
2, The City may be represented by any person of its choice, including the City Attorney or his/her designee
The City shall also have present, the Human Resources Manager and/or his/her designee
E. The hearing officer's role is to conduct a hearing, including application of procedure as established by
administrative regulations and shall schedule the date and time for the hearing at a location designated by the
City of Wheat Ridge
11-5
City of Wheat Ridge Personnel Policies
SECTION 12.
DEPARTURES FROM EMPLOYMENT
Section(s) Revised: 123, 124B 1240
Approved by Council:
,2004
12.1 PURPOSE
It is hoped than any employee will remain with the City for a long time. However, it is recognized that, at times, a
situation does not always work out for the long term, and for whatever reasons, employment separation IS the final
outcome. This policy will provide descriptions of some, though not necessarily all, of the various circumstances that
could arise and provides guidelines for each,
12.2. AT WILL EMPLOYMENT
Unless specifically provided additional rights in a written contract, the employment relationship for unclassified
employees may be terminated at any time by either the City or the employee, with or without cause and with or
without notice, The City may follow a progressive type of discipline however, the City reserves the right to forego
that process when, in the discretion of the City, progressive discipline is not merited. The decision to use
progressive discipline in a given case is an attempt to improve the performance or behavior, but does not change
the at-will nature of the employment relationship.
12.3 RESIGNATION PROCESS
A. It is customary for employees to provide employers with advance notice of an intended resignation, to permit
the employer to make arrangements to fill the vacancy created by an employee's departure. In order for an
employee to be considered as having resigned in good standing, he/she must submit a written notice of
resignation to the relative Department Director at least ten (10) working days before the effective date of the
resignation. The Department Director and the City Manager may authorize the resignation of an employee with
fewer than ten (10) days notice if there are sufficient reasons to waive the requirements of this section.
2. /\ Department Director, to be consiecred as having resigned in good Gtonding, must submit a written notice
of resignation to the City Manager at least thirty (30) calendar days before the effective date of the
resignation. The City Manager may authorize a resignation in good stoneing upon shorter notice for
sufficient caUSE),
B Future Opportunity - An employee who resigns while under suspension or while under disciplinary action shall
forfeit all rights to be granted a review under these Policies and Procedures and will not be eligible for
appointment or admission to a future examination. Employees who resign in good standing may be reinstated
to their former or comparable class if a vacancy exists within a period of one (1) year after termination.
C Withdrawal - An employee may rescind his/her resignation if such request for withdrawal is submitted prior to
the effective date of resignation and has received approval from the relative Department Director The City
reserves the right to accept all resignations as final when made.
D Separation Date - In order to minimize the City's liability, the employee's official separation date shall be their
last day of active employment and the effective date of termination shall not be extended with unused accrued
or accumulated leave or compensatory time, The employee is expected to work the total number of hours on
his/her last active work day that he/she is normally scheduled to work unless otherwise authorized by the
relative Department Director and approved by Human Resources,
12.4 LAY OFF
A. Employees may be laid off by the City Manager due to a change in duties or organization, elimination of a
position, shortage of work funds, contracting out City services, or completion of work for which employment was
created. In the event that a lay-off becomes necessary, the City reserves the right to make all lay-off and recall
decisions in its sole discretion, based on factors that the City deems relevant. Relevant factors may, but need
not include, the City's staffing requirements and employee skills, knowledge, performance and experience.
Seniority alone shall not be determinative, and need not be considered if the City determines in its sole
discretion that other factors should control. The City will not provide recall or bumping rights to any employee
or separated employee.
B. Order of Layoff - Is based on the recommendation of the Department Director The order of a layoff is not
based on seniority but rather in preparing a recommended order of layoff, the Department Director should
consider the lengths of service and the job performances of the employees involved. Employees within the
classifications involved will be laid off in the following order, from first to last: emergency employees, temporary
employees, trial service penod employees, regular part-time employees, and regular full-time employees.
12-1
C. Notification - In cases involving a regular full-time or part-time employee, notice of such terminafftiont. is gdiVetn tOf
the employee within a reasonable time, generally at least ten (10) working days before the e .ec Ive a e. 0
tennination, Employees so notified may be allowed to use reasonable amounts of work time dunng that penod
to seek other employment. These tenninations are not subject to appeal.
D Reinstatement from Layoff - The names of regular full-time and part-time employees are placed on the official
layoff reinstatement list for a period of twelve (12) months. Employees on a layoff reinstatement list are eligible
for reinstatement to the same classification if a position comes open. Employees on the layoff list may also be
considered for any open position for which they meet the minimum qualifications. For the employee to be
considered for any position, he/she will be required to complete a City Employment Application for each open
position they are interested in and submit according to the instructions publicized during the recruitment
process Laid off employees are recalled in the in'/erse order to the layoff with considerotion liliven to
qualifications, In recalling laid-off employees, consideration of length of service and job performance will be
given
E. No vacation or paid sick leave or other benefits will accrue during lay-off. At the request of the employee,
health and dental insurance benefits will continue under the guidelines of COBRA as outlined in Section 12.10.
The employee will pay the full premium charged the City
12.5 DISCIPLINARY ACTION
An employee may also be terminated at any time as a form of disciplinary action as provided in Section 11
Dismissal of an employee in a "Trial Service Period" or of a temporary or emergency employee shall be final and
not subject to appeal.
12.6 RETIREMENT
All regular full-time and part-time employees in City service who retire under the provisions of any present or
subsequent retirement policy or plan are treated as having been separated from City service in good standing.
12.7 TERMINATION BASED ON POSITION REQUIREMENTS
An employee who becomes unable to meet the mental, physical, licensing, or certification requirements of the
employee's position may be tenninated from City employment within thirty (30) days of the date the employee is
unable to meet the requirements of their position. Employees with mental or physical impainnents that are covered
by the ADA shall be entitled to reasonable accommodation in accordance with the ADA. The recommendation for
tennination will be made to the City Manager by the Department Director
12.8 EXIT INTERVIEW
A member of the Human Resources Office shall attempt to conduct an exit interview with all employees who leave
the City employment prior to, or on the effective date of employment separation. The purpose of the interview is to
retrieve City property, not previously surrendered to the employee's department and solicit the employee's opinions
concerning the organization. If applicable, the employee will also be provided with a notice of right to continue
health and dental insurance, and shall complete the fonns necessary for the disbursement of the employee's
vested portion of retirement plan accounts.
12.9 FINAL PAY
A. Employees who resign or are dismissed from City service shall be eligible to receive payment for the hours
worked during the current pay period plus payment of accrued, as applicable, currently in their account. Said
payment is made not later than the following scheduled payday The automatic payroll deposit system will not
be utilized for the employee's final paycheck.
B At the time of separation, City employees are expected to return all City property in their possession or control.
The City reserves the right to withhold from a final paycheck the replacement value of all City property that is
not returned by the time that paycheck is due. Employees will be notified of the amount and reason for any
such withholding. The withheld sums will be paid, within thirty (30) days, subsequent to the return of the City
property in question, less a reasonable deduction for any damage to the property (other than ordinary wear and
tear).
C The departing employee shall leave a forwarding address with Human Resources indicating where future
correspondence and tax report fonns can be mailed.
12-2
City of Wheat Ridge Personnel Policies
SECTION 14
EMPLOYEE PERSONNEL SERVICES
Section(s) Revised: 147 8,
Approved by Council:
,2004
141 PURPOSE
Objectives for maintaining adequate personnel records and reports are:
. To demonstrate that legal, regulatory, and procedural requirements for all personnel actions have been
satisfied;
. To provide a basis for making decisions involved in personnel actions;
. To provide a basis for reports on personnel activities;
. To document the attainment of employees' educational, development and training goals;
14.2. PERSONNEL RECORDS AND FILES
A. All employee public personnel files and confidential files shall be maintained under the custodianship of the
Human Resources Office. Members of the Human Resources staff, referred to as file custodians, for the
purpose of this policy, have the responsibility of keeping personnel records in a secure manner
B. Access to information contained in the employee's official files is restricted to those individuals with a need to
know as provided by law Such individuals are: the employee, the Department Director, supervisor and City
Manager or designee. To the degree possible, security of information will be respected and maintained.
C. The City hereby determines that only those records contained in its employees' "Public Employee Personnel
Files" shall be deemed public records pursuant to C R.S Section 24-72-201, et seq. All other personnel files
maintained by the City or its departments, including but not limited to the employees' "General Confidential
Files" and "Employee Medical Files" are hereby deemed "personnel files" as that term is defined by Section 24-
72-202(4 5), as files maintained because of the employer-employee relationship.
D The employee's Department Director and supervisor, or the employee, may request that a document be placed
in anyone of his/her files. The file custodian(s) will approve such request and file the document in the
appropriate file if it meets the criteria as described in the following sections. If a dispute arises regarding the
appropriateness or suitability of filing a document in an employee's official file(s), the employee may file a
complaint as provided for in Section 13 of these Policies.
E. Documents contained in an employee's official file(s) shall not be permanently removed without Department
Director and Human Resources Manager approval.
F All statements made by employees on any employment record must be true, accurate and complete.
Inaccuracies or omissions on any such record, whether or not intentional, may result in discipline up to and
including dismissal.
143 "OFFICIAL" PUBLIC EMPLOYEE PERSONNEL FILE
Documents to be contained in the employee's public personnel file may include, but are not limited to the following:
Application form(s) & cover letter(s) Resumes
Letter confirming appointment to a position Letter(s) of recommendation
Training courses attended/completed Significant achievements
Disciplinary action(s) Letters of commendation
Performance evaluations/appraisals Payroll status forms
Classification & Reclassification documents Awards and recognitions
Copy of employee's job description/job posting Employee oath of office
Employee's receipt for Personnel Policies Employment History Log
Education diplomas/degrees or courses completed Requests to inspect the file
Letters of resignation Notification of termination
14-1
14.5 GENERAL PERSONNEL RECORDS
The following describe general personnel records that are maintained by the City in aggregate form. The
information is maintained under the custodianship of Human Resources, Treasury Department, or other City
Jepartment which is responsible for the activity for which these records are maintained.
RecruitmentlEEO
Employment verifications and references
EEO-1 reports
Benefits
Benefit plan rate and renewal information
COBRA records
Compensation
Classification, pay, benefits surveys and studies
Wage plan documentation
Employee time sheets
Employment verifications for loan purposes
Employment claims
Employee complaints and appeals
Unemployment compensation claims
Safetv
Safety equipment records
Safety regulations
Tests
Skills testing or certification
Traininq and Development
Training reports
Needs analysis surveys
Other
Evaluations (comments) and those considered to be "Working" document
146 REVIEW OF OFFICIAL EMPLOYEE FILES
Position requisitions
INS 1-9 form
Benefit plans claims experience
Job descriptions
FLSA records and determinations
Payroll records
Wage garnishments
Discrimination charges
Wage-hour complaints
Required OSHA reports
Accident reports
Promotional examinations
Feedback/critique sheets
The originals of documents must be placed in the employee's official personnel file maintained in Human
Resources. Any employee may review his/her official files at any time during the standard working hours of Human
Resources. Employees or their authorized and designated representative may receive additional copies of any
information in their file upon request. The standard photo copy charge established by the City will be assessed for
each additional copy provided.
147 RELEASE OF OFFICIAL EMPLOYEE FILE INFORMATION
A. Access to and release of information contained in employee files will be provided by Human Resources as
provided by law, these Policies, and/or as authorized by the employee. No employee can release the address,
telephone number, Social Security number, or date of birth of any employee, officer, or appointed official as
shown in the personnel records (except as the law allows) without the prior consent of that employee or
appointed official. The Human Resources office, however, has the authority to verify or confirm the above
information without prior written permission from the employee, officer, or appointed official.
B. All '/eFifiootion of currant or former cmJ'lloymont All current or former employment verifications and/or work
references for current or former employees are made through Human Resources. For telephone verification,
only the dates of employment, pay rate, and job title will be given. Letters for verification of employment or
letters requesting other employment information must include a signed release from the employee in question,
satisfactory to the City, unless the information is a matter of public record or as otherwise provided by law
C The City will not predict or give a response to questions asking for the "probability of continued employment" in
response to loan or employment verification forms. Employees should so advise individu~ls who would request
an employment or loan verification on the employee's behalf of this City policy
D Department Directors and supervisors shall have access to any of their employees' or prospective
subordinates' personnel or benefit files at any time on a need-to-know basis as provided by these Policies
14-3
City of Wheat Ridge Personnel Policies
SECTION 15
ANTI-HARASSMENT AND WORKPLACE VIOLENCE
Section(s) Revised: 151 C 151 E
Approved by Council:
,2004
15 1 PROHIBITING HARASSMENT
A. Purpose
It is the aspiration of this City to provide a working environment free from harassment of its employees based
on race, color, religion, gender, national origin, age, disability, veteran or marital status, in compliance with the
applicable law All employees are expected to avoid any behavior or conduct toward any other employee that
constitutes harassment. Harassment is extremely serious misconduct and may result in discipline, up to and
including dismissal. Harassment may also subject the harasser to personal, legal and financial liability
Harassment of employees by non-employees is also prohibited.
B. Defined
Harassment - May take many forms. It includes slurs, comments, jokes, innuendoes, unwelcome
compliments and advances, cartoons, pranks, and/or other verbal or physical contact that does any of the
following:
a. Has the purpose or effect (intended or unintended) of creating an intimidating, hostile, or offensive
working environment;
b. Has the purpose or effect of unreasonably interfering with an employee's work performance; or
c. Other wise adversely affects an employee's employment opportunities,
2. Sexual Harassment - Occurs when the verbal and physical conduct described above are sexual in nature
or directed at a person because of his or her gender Sexual harassment exists in the workplace in the
following situations, although it is not limited to these situations:
a. When submission to the conduct is, either explicitly or implicitly, a term or condition of employment;
b. When submission to, or rejection of, the conduct is used as a basis of an employment decision
affecting an employee;
c. When the conduct unreasonably interferes with an employee's job performance;
d. When the conduct creates a work environment that is intimidating, hostile, or offensive.
C Reporting Procedure
1 Employees who feel they or other employees have been subjected to harassment of any kind, are
encouraged to immediately identify the offensive behavior to the harasser and request that it stop This
includes actions by other City staff members, members of the public, customers, suppliers, or other
persons encountered at work.
2. If the employee is uncomfortable in addressing, the matter directly with the harasser, or if the harasser is
confronted and does not stop the behavior, then the matter should immediately be discussed with the
Human Resources Manager, the employee's supervisor, a representative of the City's Employee
Assistance Program, or any supervisor with whom the employee feels comfortable. The matter should be
reported regardless of whether or not the harasser has been confronted.
3 Any supervisor or manager who becomes aware of any alleged incident of harassment must refer the
matter to the Human Resources Manager for investigation, This notification should be no later than the first
regular business day following the complaint. If the Human Resources Manager is unavailable, notification
should be given to the Administrative Services Director If the Human Resources Manager is the subject of
the complaint, the matter should be referred to the City Manager for investigation.
D Investigation Process - All complaints are promptly investigated. Investigations include interviews with the
individuals involved and any witnesses who are available. To the extent possible, any investigation will be
handled in confidence. However, the City cannot promise anonymity to persons who report harassment.
E. Retaliation - The City will not tolerate retaliation against any individual who brings a harassment complaint in
good faith. An employee who believes he/she has been retaliated against shall advise his/her immediate
supervisor Department Director or the Human Resources Manager Supervisors and Department Directors
shall take appropriate action to investigate and address complaints of retaliation
15-1
2.12 Orientation of Employees. 2-4
2.13 Payment for Travel for Interview Purposes 2-4
2.14 Relocation Expenses. 2-4
SECTION 3 EMPLOYER PRACTICES & EXPECTATIONS
31 Employee Courtesy 3-1
3.2. Hours of Work. 3-1
33 Attendance 3-1
34 Pay Periods/Pay Days 3-1
35. Automatic Deposit. 3-1
36. Deductions 3-1
37 Dress Codes 3-2
38. SmokingfTobacco Policy 3-2
39 Periodic Physical Examinations 3-2
310 Computer & Electronic Media Usage 3-3
3 11 Purchasing Policy 3-4
312 Employment Verifications/References 3-4
SECTION 4 EMPLOYEE ETHICS AND PERSONAL ACTIVITIES
41 Purpose 4-1
4.2. Incompatible Personal Activities of City Employees. 4-1
43 Employee's Personal Financial Affairs 4-1
44 Off-Duty Employment. 4-1
45 Employee Political Activities 4-1
46. Solicitation of Employees 4-2
47 Personal Mail and Use of City Telephones 4-2
48 Employee Privacy 4-2
49 Conflict of Interest. 4-2
SECTION 5 BENEFITS, PROGRAMS AND LEAVES
51 Guidelines. 5-1
5.2. Employee Assistance Program 5-1
53. Retirement. 5-2
54 Official Holidays. 5-2
55 Floating Holiday 5-2
56 Religious Holiday Observance 5-3
57 Vacation 5-3
58. Sick Leave 5-4
59 Family & Medical Leave 5-5
510 Domestic Violence Leave 5-7
5 11 On-the-Job Injury 5-7
512. Disability Leave 5-9
513 Maternity Leave 5-10
514 Military Leave 5-10
515 Bereavement Leave 5-11
516 Educational Leave 5-12
517 Administrative Leave 5-12
518 Investigative Leave 5-12
519 Suspension of Leaves 5-12
5.20 Court Appearance 5-12
5.21 Time Off for Voting 5-13
5.22. Unauthorized Leave 5-13
5.23 Leave Without Pay 5-13
5.24 Closure of City Facilities 5-13
5.25 Shared Leave 5-14
SECTION 6 COMPENSATION
6 1 Pay Practice 6-1
6.2. Pay Adjustments 6-1
63 Employment Rate for New, Rehired, or Re-appointed Staff 6-1
64 Pay Upon Additional Responsibilities (Interim Pay) 6-1
65 Simultaneous Personnel Actions 6-2
66. Change in Status. 6-2
Promotion 6-2
Reclassification 6-2
Demotion 6-2
Lateral Change 6-2
Reversion While in Trial Service Period 6-2
67 Performance Appraisals 6-3
68 Performance Recognition 6-3
ITEM NO: ;;l,
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
April 12,2004
TITLE:
COUNCIL BILL NO. 05-2004: AN ORDINANCE AMENDING
CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS
REGARDING PLANNED DEVELOPMENTS
(CASE NO. ZOA-03-14)
[gJ PUBLIC HEARING
o BIDSIMOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date. March 22,2004)
[gJ ORDINANCES FOR 2ND READING
Quasi-JudIcIal
o
Yes
[gJ
No
~ !iJ~
CI~~~
Commumty Development Director
EXECUTIVE SUMMARY:
ArtIcle III. of Chapter 26 pertains to the CIty'S planned development regulatIOns. ThIs sectIOn of
the code recognIzes the dIfferent types of planned developments m the CIty and speCIfies the
reqUIrements and processes for the rezomng/outline development plan step and the final
development plan step ThIS section of the code also recognIzes the admimstratIve authority of
the commumty development dIrector to approve amendments to final development plans.
The eXlstmg language was adopted when Chapter 26 was repealed and reenacted in February 2001
Many of the changes proposed by staff are housekeepmg measures whIch remove redundancies
and reflect other approved code changes affectmg thIS sectIOn. The changes proposed by staff will
Improve the processmg of and standards for planned development district applications.
Planmng CommIssion revIewed this request on September 4,2003, and recommended approval with
conditIOns. Planning CommiSSIOn reviewed the proposed changes agam on February 19, 2004, where
a recommendatIon of approval was gIven.
BOARD/COMMISSION RECOMMENDATION:
Plannmg CommiSSIOn reviewed thIS request at a publIc heanng held on September 4,2003 and made a
recommendation of approval with the followmg condItions.
Regardmg Section 26-311.B , there be a lImItatIOn of gross floor area not to exceed
10,000 square feet.
2. Following paragraph A of Section 26-311, the followmg words be added. "and all
property owners who may be Impacted by the proposed amendment to the final
development plan.
The recommended condItIOns from September 4, 2003 were mcorporated mto the document,
although the wordmg IS somewhat different than the origmal motIon.
Planmng CommIssIon revIewed the proposed amendments agam at a publIc hearing held on
February 19, 2004 where a recommendation of approval was made for the followmg reasons.
1. It alleVIates redundant language.
2. It extends the tIme lImIt for mylar submittal.
3 It addresses time limits for outlme and final development plan expIratIOn.
4 It allows more flexibIlIty for admmlstratIve approval of final development plan
amendments.
There were no recommended condItIons of approval.
STATEMENT OF THE ISSUES:
Many of the proposed changes are minor m nature elImmatmg redundancies and reflecting other
approved code changes.
SIgnIficant changes mclude the following:
· Similar use determinations: The appeal body for similar use determmatlOns has
been modIfied from the Board of Adjustment to Plannmg CommISSIOn.
· Time limit for mylar recordation: The tIme lImIt for mylar recordatIon has been
extended from 30 days to 60 days.
· Expiration of development plans: The eXlstmg tIme lImItation for both the
outlme and final development plans IS one year Staff is recommendmg that the
eXpIratIOn penod for both documents be elImmated.
· Application of standards: Staff IS recommendmg that If a prevIously approved
outline development plan is substandard to today's development standards, that a
proposed final development can be consIstent WIth the smaller standards, as
represented on the approved outlme development plan.
· Administrative amendments to development plans: The commumty
development duector has the authonty to approve final development plan
amendments admmlstratively if certam cntena are met. Staff IS recommending
changes which would allow greater authority for the commumty development
director for approvmg fdp amendments. Those would mclude the abilIty to reduce
certain development standards, the abilIty to increase gross floor area up to 10%
and the abilIty to mcrease a change of land area in an fdp up to 10%.
2
For more mformahon regardmg the proposed changes, please refer to Attachment I
ALTERNATIVES CONSIDERED:
Do not approve leglslahon.
FINANCIAL IMPACT:
The expansIOn of the community development dIrector's authorIty to approve administrahve
amendments to final development plans WIll result in a slight decrease in revenue from applIcahon
fees. However, thIS will be offset by a reductIon of staffhme spent on a project, as it will reduce
the number ofrequired publIc hearings. The other proposed modIfications WIll have no finanCIal
Impact to the cIty.
RECOMMENDED MOTION:
"I move to approve Council Bill. No 05-2004, Case No. ZOA-03-14, an ordmance amendmg
Chapter 26 of the Wheat RIdge Code of Laws regarding planned developments, on second readmg,
and that it take effect 15 days after final publication."
Or,
"I move to table indefinitely Council Bill No 05-2004, Case No ZOA-03-14, an ordinance amendmg
Chapter 26 of the Wheat RIdge Code of Laws regardmg planned developments, on second readmg
WIth the followmg findmgs.
2"
Report Prepared by" MeredIth Reckert, 303-235-2848
RevIewed by: Alan WhIte
Attachments:
1 February 19, 2004, Plannmg CommISSIOn report
2. Council BIll No 05-2004
zoa0314CouncilActl streading2
3
City of Wheat Ridge
Planning and Development Department
Memorandum
TO: Planmng Commission
FROM: MeredIth Reckert
SUBJECT: Case No ZOA-03-14/Planned Development DIstrict RegulatIons
DATE: February 10, 2004
ThIs Case IS:
_ QuasI-judicial
X LegIslative
Proper notIce was given for thIs publIc heanng.
Background
Attached IS legIslatIon amendIng Chapter 26 of the Wheat fudge Code of Laws regarding
planned developments.
On September 4,2003, Staff dIscussed proposed amendments to the planned development
dlstnct regulations WIth PlannIng CommIssion. At that meeting, a motIon was made to amend
the regulatIOns as proposed by staff with the follOWIng changes'
1 Regarding Section 26-311.B., there be a lImitatIon of gross floor area not to
exceed 10,000 square feet.
2. Following paragraph A of SectIon 26-311, the follOWIng words be added. "and all
property owners who may be impacted by the proposed amendment to the final
development plan.
Attached IS staff s original memo to Planning Commission. Attached also are the minutes from
the September 4 meeting as well as mInutes from the December 4, 2003, where there was
intermIngled discussion regarding both the expiration of plan approvals and the issue of old
development plans Inconsistent with today's development standards. Staff has had addItional
tIme to dISCUSS and conSIder other changes as outlined below.
Changes proposed for the CommIssion's consideration are shown In bold. Deletions are shown
In strilcetl1rough.
ATTACHMENT 1
Summary of Ordinance Changes/Staff Comments
The followmg revisions are bemg proposed as shown on ExhibIt l'
. References to "subdistrict": References to planned development "subdistricts" have
been modified to "planned development district categories" (page I).
. PMUD: The Planned MIxed Use Development (PMUD) dlstnct has been incorporated
mto the categories of identified planned developments wlthm the city (page 1) No
change from original PC review.
. Lot coverage: The defimtion CitatIOn and speCific reqUirements for lot coverage have
been removed from the different planned developments design standards (pages 3, 4,5,7,
8) No change from original PC review.
. Landscaping, parking, fences and walls and signage: The language relatIve to these
deSign standards has been reworded. These reVISIOns do not reduce the reqUirement, but
recognize that there can be flexibility m applIcation based on the deSign features of a
specific plarmed development distnct through the outlme and final plan approval
processes. ThIS revision affects all five of the planned development distncts (pages 3, 4,
5,6,7,8,9) No change from original PC review.
. Commercial use conditions in the PRD district: Mixed-use developments are more
appropriately addressed through PMUD applIcations. For thiS reason, staff is
recommendmg the commerCIal use conditIons be removed from the PRD zone district
regulatIOns (page 3) No change from original PC review.
. Residential use conditions in the peD district: Mixed-use developments are more
appropnately addressed through PMUD applIcations. For thiS reason, staff is
recommendmg the residential use conditions be removed from the peD zone district
regulatIons (page 5). No change from original PC review.
. Planned Hospital District: Independent living units have been added as an allowed use
in the PHD district. (page 6) The allowed residential denSity has been corrected from 21
umts per acre (old standard) to 16 umts per acre (current standard) (page 7). No change
from original PC review.
. Planned Mixed Use District: The reSIdential denSity standard has been corrected by the
elimmatIOn of reqUired commerCial parking from the density calculation. This reVision IS
consistent with the original ordmance adopting the PMUD district (page 8). No change
from original PC review.
. Similar use determinations: Staff has modified the appeal body from Board of
Adjustment to Planning Commission. The use determination is memorialized by a
recorded affidaVit of amendment to the outlIne development plan (page 10).
2
. Removal of preliminary plats: The subdlVlsIOn process was modified last year by
elImmatlon of the prelImmary plat step. This change IS consistent with that legislation (p.
10) No change from original PC review.
. Neighborhood meeting: The word "referral" has been removed and the applicant is
reqUIred to provide a notice of the neighborhood meetmg. It IS standard procedure that a
representative of the plannmg division staff attends and prepares a synopsis of the
meeting that becomes a part of the file (page II).
. Outline development plan submittal requirements: Item f. (list of adjacent property
owners) has been removed from the applicant's submittal requirements. Plannmg
division staff researches and provides the adjacent owner lIst (page 11).
. Outline development plan contents: "Typical" lot sizes has been replaced with
"mmimum" lot sizes (page 13). No change from original PC review.
. Planning Commission Certificate: The Planning ComnnsslOn certificate for both
outlIne and final plan document certificatIOns has been reVised (pages 14 and 18) No
change from original PC review.
. Time limit for mylar recordation: Staff IS recommendmg that the time lImit for
recordation of mylars for outlme and final development plans be extended from 30 to 60
days With the opportunity for one extension (pages 15 and 19). No change from original
PC review.
· Final development submittal requirements: Item d. (lIst of adjacent property owners)
has been removed from the applicant's submittal requirements. Plannmg diviSIOn staff
researches and prOVides the adjacent owner lIst (page 16). Item f. has been expanded to
allow the discretIOnary reqUIrement for submittal of civil engmeenng plans (page 16)
· Final development plan contents: The last sentence m each Items c. and d. of Section 2
have been stricken as they are redundant (page 16).
· Final development plan contents: The reqUIrement for typical floor plans as part of the
final development plan package has been removed (page 17). The "owner's certification"
has been modified by the removal of the words "and plat" as it is a requirement in the
code that these documents be separately recorded (page 18) No change from original
PC review.
· Expiration of final development plans: The existing one-year expiratIon period for all
development plans IS located in section 26-107. Staff IS recommending that the
expiration period for both outline and final development plans be elimmated. The outlme
plan stage IS the zoning step and the corresponding odp document should remam m effect
m perpetuity. Staff is recommending that the expiratIon of final development plans be
3
dIctated by the development schedule required on the fdp. If the tenns of the
development schedule on the fdp are exceeded, an amendment WIll be required (page 20).
. Application of standards: A prevIOus diSCUSSIOn with Plannmg CommissIOn at the
December 4 meeting related to dealing wIth old development plans that do not meet
today's standards. After more discussion at the stafflevel, we have recommended that If
an old outline plan does not meet today's standards, a proposed final development plan
can be conSIstent with that approval and the fonner, smaller standards (page 20)
Example scenano. Generally, a property's lot coverage IS made up of a combination of
buildmg, parkmg and landscaped coverages equalmg 100% of the site. An mcrease or
decrease in one of these areas should result m a correspondmg mcrease or decrease in the
other two categories. If a recorded outlme development plan is approved showing 10%
landscaped coverage (the old standard), is it faIr that the landscaped coverage reqUIred at
the tIme of final development plan approval be mcreased to 20% (the new standard)?
What wIll be the correspondmg decrease? In most cases, the corresponding decrease
would be in pennItted building area. What if someone has purchased a property based on
a specific square footage of building area allowed as reflected on a recorded outline
development plan? Ifthe zomng on a property and a recorded outlIne development plan
are to remam in effect in perpetUIty, shouldn't the approved final development plan
reflect the standards establIshed on the outlme plan?
. Amendments to development plans (owner approval): The eXIstmg regulatIOns
specIfy that all owners of real property WIthin the confines of the proposed outline
development plan must approve ofthe appl1catlOn m wnting. This would also apply to
outlme development plan amendments. The regulations pertammg to owner concurrence
for a final development amendment are unclear. Per Plannmg CommIssion
recommendatIon, thIS sectIOn was modified so that owners outSIde of the phase must
concur If there are modIficatIOns to the common elements (access, dramage, utilitIes and
circulation) ThIS proviSIOn is worded somewhat dIfferently than the Plannmg
CommIssIon motIon (page 21)
. Amendments to development plans: The Community Development DIrector has the
authonty to approve final development amendments admmlstratIvely If certam cnteria are
met.
Reduction of development standards: Staffs original recommendatIOn discussed at the
September 4 meeting was speCIfic to landscaping. Staffhas revised our recommendatIon
so that administrative approval authority is applied to all development standards
(landscaped coverage, setbacks, parkmg, building heIght, signage). The director could
approve an amendment to reduce the development standard from the ongmal final plan
approval as long as It would not reduce the development standard to an amount less than
the requirement on the original outlme plan (page 22, Item 7).
Example scenario. A partIcular outlme development plan deSIgnates mmimum
landscaped coverage to be 20%. The final development plan has been approved WIth
4
28% landscaped coverage. The owner would like to displace some landscaping to install
an addItIOnal handIcapped parkmg space. The resultant reduction oflandscapmg IS 3%,
bringmg the proposed total to 25%. Under thIS provisIOn, the DIrector could approve the
reduction as the landscapmg coverage still exceeds the ongmal 20% reqUITed by the
outlme development plan.
Example scenarIo: An outlIne development plan IS approved allowmg commercIal
structures WIth mmimum pen meter side and rear setbacks of 10' A final development
plan IS approved showing side setbacks of 15'. After the final desIgn drawings are
completed, the archItect realIzes the structure needs to be setback 12' on one side to
accommodate special HV AC equipment housed wlthm the buildmg. Under thIS
provision, the Director could approve the 3' setback reduction, as the resulting setback IS
still larger than the 10' mmimum side setback allowed by the approved outlme
development plan.
Increase in gross floor area: Staff is recommendmg that the Commumty Development
DIrector be authorized to approve increases of gross floor area of no more than 10%.
ThIS IS allowed m many other cItIes In the metropolItan area (Westminster, LIttleton,
Arvada, Lakewood). Planmng CommISSIOn amended thIs proVIsion at theIr September 4
meetIng to allow an Increased floor area not to exceed 10,000 square feet (page 21, Item
9).
Increase in land area devoted to a particular use: Another common practIce In other
CItIes IS to allow admInIstratIve approval of a change of land area devoted to a partIcular
use (i.e , reSIdentIal versus commerCIal) All ofthe CIties canvassed had a lImitatIOn of
not more than a 10% change. (page 22, item 10) No change from original PC review.
RECOMMENDED MOTION:
"I move that Case No. ZOA-03-14, proposed amendments to Chapter 26 of the Wheat RIdge
Code of Laws regardIng planned development, be forwarded to CIty Council with a
recommendation of APPROVAL for the follOWIng reasons:
I. It alleVIates redundant language.
2 It extends the tIme lImIt for mylar submIttal.
3. It addresses time limits for outlme and final development plan expiration.
4. It allows more flexibility for administrative approval of final development plan
amendments"
ExhibIts:
L Proposed ReVIsions
2. Original memo to Planmng CommIssion dated August 29, 2003
3 MInutes of Planning CommIssion meetIng dated September 4,2003
4 Minutes of Planning Commission meeting dated December 4,2003
5
City of Wheat Ridge
Chapter 26
Article III. Planned Development District Regulations
Planning Commission - February 19, 2004
9-4-03 PC recommendations incorporated
Sec. 26-301. Scope and application.
A. There IS hereby created a Planned Development Distnct to further promote the
publIc health, safety and general welfare by perrmttmg greater flexibility and innovatlon
III land development based upon a comprehensive, mtegrated plan. For the purpose of
ensunng .maxilll~mflexib.l..lItr ?f th~s dlst~ct,thedist~ctis..,di~i~~~.il1t~}he following
sU-bdistrie-td~$i~atia~,plll,gn.~il.il~yeI9Pfu:~n.~ZQ!!~,ai~tti~t.~tggQri~, based on the
pnmary land use of a proposed development plan or portlOn thereof
1 Planned Resldentlal Development--PRD.
2. Planned Commercial Development--PCD
3 Planned Industnal Development--PID.
4. Planned Hospital Development--PHD
5. Planned Mixed Use Development -PMUD.
By creating the above subdist.ricts>zon~districtcategoties; the city council recognizes
that these subdistricts zlloetlistrict categoties may exist singly or in combmatlon Within
any approved planned development.
B On and after the effectlve date of thiS chapter as set forth m sectlOn 26-1003, all
applIcatlOns for pnvate rezomng under sectlon 26-112 for properties in excess of one (1)
acre (for rezonlllg to residentlal or llldustnal zones), and all applicatlons for pnvate
rezomng to any commercial dlstnct shall be reqmred to request rezonmg to one (1) of the
lIsted planned development SJlbdi$triet&.~Qp.e'il~sttlj:;t';3t~pjiies. The procedure for
review of any planned development applIcation shall be that for private rezomng at
sectlon 26-112 A Planned Development District may be approved for any single use or
any combmatlOn of uses, provided, that the intent and purposes OfthlS sectlOn are met,
and that the general health, safety and welfare of the community are advanced through its
approval. ThiS section shall apply to.
Any new applicatlOn for a rezoning to a Planned Development District.
2 Any applIcatlOn for amendment to an existlllg planned development
subdistQ.c{"Zoile,distfict;
EXHIBIT 1
C The mtent of the Planned Development District IS to permIt the establIshment of
well-desIgned, innovatIve developments which may not be permItted by a standard zone
distrIct, AQi'.vQverbllt, whIch may be permItted through the use of an approved
development plan by assunng greater control and specIficIty of mtended development
character, use, operatIOns and mamtenance, while at the same time allowing flexibilIty
and dIversIty This dlstnct recognIzes the great vanety ofland use intensities, densItIes,
and environmental and land use interfaces whIch are possible. The general purposes of
thIS sectIOn are as follows.
To accomplIsh compatible development with adjacent commercial,
reSIdentIal and/or mdustnalland uses through proper land use transItIons
and buffering technIques.
2. To promote flexibility in desIgn and permit diversificafion in the locatIOn
of structures.
3. To promote the efficient use ofland to facilItate a more economic
arrangement of building, circulation systems, land use and utIlItIes.
4 To preserve, to the greatest extent possible, the eXlstmg landscape features
and to mlmmlze Impacts on other natural features of the sIte.
5 To provide for more usable space through the comb Illation and groupmg
of structures, parking, loading and storage areas.
6 To combllle and coordmate architectural styles, building forms and
buIlding relationships WIthin the planned developments.
7 To mllllmlze traffic congestion on publIc streets, control street access, and
to proVIde for weB-deSIgned mtenor CIrculatIOn.
8. To ensure that adequate publIc utilItIes and faCIlItIes are available wlthm
the area, to serve the specific development.
9 To promote conformance WIth the adopted comprehenSIve plan,
establIshed polIcies and gmdelmes for the area and for the commumty.
Sec. 26-303. Planned Residential Developments (PRD) regulations.
A. Area. No mmimum.
B DenSIty' Maximum sIxteen (16) dwellmg Ulllts per acre.
C Height: MaXImum thirty-five (35) feet.
2
p, ,Lot coverage: Maximum se'/enty fi'le (75) percent. ,(See section.261:23fp!
de!fuitioR,)
g,. 1>. Landscaping: In accordance,lf"
the ontline development plan and as ~pec.
development plan.
, , 'ed'" '
J,1y
E:.E. ParkiIig: In accordance withS~ction'26-"501,p(AerWise'asesta
~:. ,,:-'-- _,'".' ", '" :: ",,, : ,'.,_..,-'0"'. "~on:::: ,,!;':,-,' ;,,:, _ ,':>:;::,-:~:'>- Cn:;:,:i__'__'_:,::_.:,';:"-",:,,: -;;:,'::,,"_'-,:-:-:::i:: :.::,:;'::,';'::":':'. ' ,
outline. <ievelopment plan andassp~ci&callYide,tailed:9n~p '~ppfOY
development plan. Based uMn specific USl;lS. (See 5ect101),'26 50t.)
Fences and walls: In accordanceiwith?Sectioil2~'603,()therwi~eas
,.the outline dl;}yel()pm,~nt ia' ", i '.' , " " ~pan
'al develop~eu:tP1llA~ '
G- F.
F.b- , G. Signage: In accordance with .arti
outli~e deyelopmentplan and as
dey~loPtnent plan. ' , ,
otherwise f<JIlow requirements of article VII.
1. Commercial use conditions:
1. Commercial ,15es shallee aile-wed only 'filicre specifically appro'/ea :ia a
final de'/elopment plan.
2. Commercial uses, including allasso'ciated lan(1, used forbuildipg ~acc,
parking and landscaping, shall not excQodfvionty fiye (25) :pei:c~tofthe
gross arca included within a partica-IatPlannell Resideiltial Pe'lC:llopmont
District.
ete;
iHH. The reqUirements of thIs section shall not apply to Impose a density reqUirement
ofless than twenty-one (21) units per acre, with respect to the reconstruction of
residentIal dwelling III the PRD dIstrict, where such structures and theIr reconstruction
meet all of the following requirements.
1. The structure was legally III existence on September 8, 1997;
3
2 The structure IS located upon a lot whIch does not meet the then-applicable
mllllmum lot area and/or minimum land area per umt requirements for
such proposed reconstruction; and
3 Such reconstructIOn IS restncted to replacement ofthe structure which has
been destroyed.
This exemption shall not apply to.
1. New constructIOn where no replacement of a preexlstlllg structure takes
place; or
2. ReconstructIOn of structures whIch were not legally in existence (as
dIstinguIshed from legal nonconforming structures).
K-:- I. All planned reSIdentIal developments shall meet the reSIdentIal sIte design
standards of artIcle V unl~$~specificaUy vaded:Ob:~het(ibtline~nd,rl,l1atiIe've19Pl1teJlt
piau.
Ii- ,J. A planned reSIdentIal development shall be reqUIred for any mobile home park
and must meet the standards for mobile home park deSIgn III sectIOn 26-506
Sec. 26-304. Planned Commercial Developments (PC D) regulations.
A. Area: No mlmmum.
Height: Commercial structures spall not
C. Lot eeveragc: MaxiIl1tlm eighty (80) percent. (See scctia'll 26 123'fordefinition.)
** c. La,udscapll1g: In3l,iCordancewi
the outlint,~eY:eIoPil1e~!J>l~a~
development plan.' '. .....'... .
4
Go F. stgo,,,,ge: In acc.ordance ':Vit~ arp:cJ~ ..',,' .!h~tlYis,~~~
outline d~v:el!)pment .planantr1l.s'specifiCi! .1,I~tailed ~Ii it(. .:app
developmentplan. As specIfically detaIled on and approved on final de'lelopment plan,
otherwlSe follow reqmremcnts of article VII.
I+. Resideatialllse conditions:
1. Residoutiala:;es shal!.not exceed thiJ:ty five (3.5) Jeetin height.
1.<1. A Planned CommercIal DIstrict shall be llsed to estabhsh any proposed
recreatlonal vehIcle park.
Sec. 26-305. Planned Industrial Development (PID) regulations.
A. Area: Each Planned Industnal Development DIstnct shall be mIillmum of one (1)
acre.
B HeIght: MaxImum fifty (50) feet.
G. Lot coverage: Maximlifa eighty (80) percent. (Seescetion 26123 for.. definition.)
B.
E: p, Parkio,g:,.n accorda~ce withS~~tion.~
olltJ.in'e!l~velopmentpIan'~nd as~pecificalIy"
develoPlJIen't'pIan. ' .'
5
F. E. fences and walls:
by~e
deV
lhG. All planned mdustnal developments shall meet the industnal performance
standards set forth in section 26-505
Sec. 26-306. Planned Hospital District (PHD) regulations.
A. Allowable uses. The followmg uses hereinafter lIsted shall be permitted only as
specifically designated on the approved final development plan:
PublIc and private general hospital.
2. Hospitals or samtanums for contagious diseases, or the mentally disturbed
or handicapped.
3. 1I1di':pe.n4i.w.t;JiYiDgUnits'~()m~$;f!6Pl~ for the aged, nursing homes,
congregate care homes, hospices or similar reSidential faCIlIties which are
accessory to a hospital or samtanum pnncipal use.
4 Accessory uses and structures customanly associated With the permitted
uses as shown on the approved final development plan.
B Area. Each Planned Hospital Dlstnct shall be a mlmmum of five (5) acres, except
as proVided below
C. Lot width. Two hundred (200) feet mimmum.
D Setback requirements:
Front: Fifty (50) feet mimmum.
2 Side' Twenty-five (25) feet mmimum plus ten (10) feet for each story The
mtent is to provide a mmimum twenty-five-foot landscape buffer adjacent
to residential zoned property.
6
3 Rear: Twenty-five (25) feet mInImUm, plus ten (10) feet for each story.
The mtent IS to provide a mmimum twenty-five-foot landscape buffer
adjacent to resIdentIal zoned property
E. HeIght:
1. HospItal buildmgs Fifty (50) feet maximum, except as follows.
a. SIxty-five (65) feet where the lot on which the bUIldmg is to be
constructed is at least fifty (50) acres m SIze.
b AdditIons attached to eXIstmg hospItals may be bUIlt to a heIght
not to exceed the height of the eXIsting buildmg.
2 Offices. Fifty (50) feet maXImum.
3. ResidentIal: ThIrty-five (35) feet maximum.
4 Accessory: ThIrty-five (35) feet maXImum.
F. Lot eavorage. Seventy five (75) pereerirmaidm~ aVcrliU.sito e0-Y~ttgo.
G. F. Residential.d~nsity. No resi4entia1 d~vel
ho~es, nursing homes or;inteTJllediateilUrSiil
tweaty one (21) dwelling units per acre.
are
H. G.
Landscapmg:
1
Mimmum twenty-five (25) percent overall SIte reqUIrement.
2.
Twenty-five-foot landscape buffer required along property lInes adjacent
to reSIdentIal zoned property
3
Unless otherwise specIfically provided for on the approved plan, all
landscaping shall meet the reqUIrements set forth m section 26-502.
1. H;'
outlillen
developmen
e(fJjytlie
J,. :I. Fences and
bY~e
develo
...'\.:..:.::::.:.;;::.::.,.....
7
G- .J. Signage:!n aecordancecwith
otJtline develoPP1e~t,plaR d,as'
development plan.
e. .
Sec. 26-306.5. Planned Mixed Use District.
A. ApphcabIllty. ThIS zone dIstrict shall be used only m the mixed use areas shown
on the Streetscape Classification Map m the Streetscape and ArchItectural DeSIgn
Manual adopted January 11, 2002, as amended.
B Purpose. This dlstnct IS establIshed to provide a zoning classification to allow the
integratIOn of residentIal and commercial uses and development which is consistent with
the surroundmg neighborhoods and which meets the intent ofthe comprehensive plan and
the Streetscape and Architectural Design Manual. It is not intended to be used solely to
permit a higher density than allowed in the planned residentIal development (PRD)
dlstnct nor to circumvent other specific standards of the planned residentIal and planned
commercial dlstncts. Instead, It is mtended to create a zone distnct which will allow
flexibility m use, deSign, and onentatton while maximizing space, commumty mterest
and protecting nearby and adjacent resldenttal neighborhoods.
C Permitted uses. Permitted uses shall be a mixture of residential and commercial
uses governed by approval of the outlme development plan.
D Area. No mlmmum.
E. Height. MaXImum fifty (50) feet for freestanding commercial buildings only;
thirty-five (35) feet for structures contammg commercIal and resldenttal uses, thIrty-five
(35) feet for freestandmg residential structures.
F. Lot coverage. No maximum.
G. F. DenSity MaXimum of sixteen (16) umts per acre Land used for commercial
uses, includmgexcl1l(\ing parkmg, may not be used to calculate the maximum of sixteen
(16) units per acre. If the commercIal and resIdentIal uses are mixed in the same buildmg,
the land attributable to the commercIal use shall be considered to be one-half (112) of the
bUIlding footpnnt. If the commercIal and residenttal uses are III separate buildmgs, the
land attributable to the commercial use shall be conSidered to be the entIre commercial
bUIldmg footprint.
~ G. .Laq~se<W~
the outline.dev~lQ .
developmeJitplan~
26 502.
8
h H. Parking. lo,accordance;with S~ti~}l~~5QJ,:othJlnvis~;~re
outline deve.opmentplan aJidas sp'
developmentplan.
~ Allowances may be made for shared parking spaces If It can be demonstrated to the
satisfaction of the person or approval body designated as having final approval authonty
that parkmg demand for different uses occurs at different times.
Fences andwalls.:1~'a'~c()rdanc~
~ J, Sisn,,,ge. IV. ac~ordl\nc
out}jiI~td' .. . .
dv-el6 "
e, ,pn
Sec. 26-307. Similar uses in planned developments.
A. DefimtIon. A Similar use IS a use which would be similar m Size, type of
operatIon, services provided or eqUipment used, number of employees, and hours of
operatIon and which would:
Be compatible m character and Impact With permitted uses in the planned
development,
2. Be consistent With the intent of the planned development,
3 Not be objectionable to nearby property by reason of odor, dust, fumes,
gas, nOise, radiation, heat, glare, vibratIOn, traffic generatIon, parkmg
needs, outdoor storage or use, and
4. Not be hazardous to the health and safety of sUIToundmg areas through
danger of fire or explosion.
B Similar use determmatIon process. Any use which IS not specifically listed as a
permitted use in a planned development distnct IS allowed only under the following
procedure'
1 The ftl~mgand)c6iijiijP:l1ity development director shall notify adjacent
property owners by letter notIce and postmg of the site for ten (10) days
that a Similar use IS requested for the property The notice and postmg
shall contain a descriptIon of the proposed Similar use and a copy of
Ordinance 1200, senes 2000.
9
2. Ifno wntten objectIOn to the proposed similar use is received and the
planmng and development dlfector finds that the proposed sImilar use
meets the defi~itIonof sllllIlar"u,s,e, co~talned Inse~tlon (a) above, the
plqnni~g!ll);qq~7....~qPment~9mm'q..ity:deyel~p~~..t director IS
authonzed to approve the similar use.
3 If a wntten objectIon is receIved or If the planning and development
commq,nity develO.Pmellt director finds that the defimtlOn of sImilar use
does not apply, the planning aM,&y~clQpmet;l\ttoJnm'.meqt
director shall forward the detenmnatlOn request to the '
planning coiriniission at a public hearing. NotIce of SaId heanng shall be
as provided In sectIOn 26-109
C RecordatIOn. If approved, the SImilar use shall be recorded
amendment to the outlinM;l~YelOplJiei!t;p.!l:iJ." ".. ','. ,
manner oo,fue originalfinnldevcloprnont plan ;>>00 rco6r-d~d.
Sec. 26-308. Application for planned developments.
All appl1catIons for approval of a planned development, redevelopment, alteration or
additIOn shall be filed WIth the 4ep~l,Qf;,'f.l1~;aM;4\.'l;:~P1t\~t~.P1l'ijynity
(ievdQPtnen!:departmeut pnor to Issuance of a buildmg permit. In some mstances,
plattmg IS reqUIred and the plat can be processed concurrently WIth the planned
development request. ArtIcle IV of thIS chapter should be consulted for subdlVlslOn
requirements and procedures.
A. Development plans. There are two (2) distinct steps l1l establIshmg a planned
development: an outlme development plan and a final development plan. The outll1le
development plan may be submitted for consideration by Itself or it may be combl1led
WIth a final development plan. When the outll1le development plan IS combined WIth final
plans, two (2) separate drawl1lgs are reqUIred. All mformatIonal reqUIrements of the
respectIve plans shall be met.
B SubdivlSlonlplattmg. SubdIVISIOn or plat revIew may be carned out
sImultaneously WIth the revIew of development plans. All reqUIrements of the
subdiVIsion regulations for a Pre!imiJ;1\l;1]'l@d final plat, if applicable, must be satisfied If
there are any parcel diVISIOns created, or if there are any dedIcatIOns for streets,
easements or other publIc purposes, or if a previously approved subdiVIsion IS amended
In any way by the proposed development. In cases where subdIVISIOn is to occur
sImultaneous WIth development plan reVIew, the applIcant shall submIt separate sheet(s)
in addition to the subject development plan.
C. Outlme development plan. An applicant shall submIt an outline development plan
for approval of a change of zone to a Planned Development Dlstnct. The outline
10
development plan IS the zoning and general concept step. It provides generalIzed graphic
and wntten informatlon on layout, uses and mtended character of the development.
1 Submittal reqmrements.
a. Appropnate fee.
b
c. Complete and notanzed applIcatIOn.
d. Proof of ownership, such as copies of deeds or tltle commitment.
e. Power of attorney from owner(s) where an agent acts on behalf of
the owner(s).
g.{. Names, addresses, telephone numbers of architects, surveyors, and
engmeers associated with the preparatIOn of the plans.
h; g. Addltlonal mformatIOn may be required, mcludmg, but not lImited
to, dramage study and plan, gradmg plan, geological stabilIty
report, traffic Impact report, floodplam Impact report, or general
environmental Impact report.
2 Form and content ofthe outlme development plan. The maps which are a
part of the outlme development plan shall be made at a scale of not less
than one (I) mch equals one hundred (100) feet. The size of the sheet shall
be twenty-four (24) mches by thirtY-SIx (36) mches. The drawmgs may be
m general schematic form and shall contam the following mlmmum
mformatIOn.
a. Ownership/umfied control statement. A lIst of all eXlstmg owners
of real property mcluded within the proposed Planned
Development District, and a written statement which describes
antiCipated future ownership character (i.e. smgle ownership,
partnership, condommlUm, etc.), and which mdicates proposed
manner ofmamtaining unified control throughout the planmng,
development, use, operatlon and contmued mamtenance of the
planned development.
b. Character of development. A written description of the general
character of the development and ofthe objectives to be achieved
II
by the particular development concept being proposed. This
statement shall mclude, but not be limIted to, the manner m whIch
the proposed development meets or exceeds the intent of the
Planned Development DIstnct as stipulated m sectIon 26-30lC; the
proposed architectural and site desIgn concepts, building matenals
(type, textures and colors), specIfic concepts by whIch the
proposed development will make an orderly transitIOn from
eXIstmg adjacent development, and specific concepts for the use
and landscaping of all public and pnvate open spaces. It is the
mtent of this requirement that the applIcant proVIde a clear, concise
statement for the reVIewing authorities to better understand the
proposed development concept and upon WhICh theIr deCIsion
regardmg the proposal can be based.
c. The eXIstmg topographic character ofthe land at a contour interval
of two (2) feet If the slope is less than ten (10) percent and five (5)
feet If the slope is greater than ten (10) percent.
d. General Indication of areas to be landscaped.
e. Property boundaries as per accompanying legal description.
f. EXIsting and proposed lot lInes, easements and nghts-of-way on
and adjacent to the SIte.
g. Adjacent zomng, land use, streets, streams, etc.
h. Location of all existIng streets, alleys, easements, dramage areas,
ImgatIon dItches and laterals withIn and adjacent to the SIte.
1. LocatIon of all proposed streets, alleys, easements, draInage areas,
parks, and other areas to be reserved or dedIcated to publIc use.
J ApprOXimate locatIOn and extent of maJor use areas.
k. Any sIgmficant vegetation or land use features withm or adjacent
to the SIte whIch may influence development.
L When located WithIn a regulated 100-year floodplain, designatIOn
of areas subject to a 100-year flood shall be proVIded. Both the
floodwayand flood fnnge areas shall be shown. Development
wIthm 100-year floodplams, mcludIng fill or excavatIon, IS
regulated by artIcle VIII.
m. Scale (no less than one (1) mch equals one hundred (100) feet) and
north arrow.
12
n. Small-scale location map as an mset whIch shows the subject
property centered wlthm a quarter-mile radIUs.
o Proposed name of the planned development.
p A general mdlcatIon ofthe expected utIlIzation of the land and a
lIst of uses to be permItted in the development.
q Legal descnptlOn (metes and bounds) of total site, mcludmg area.
r Project data for the entire sIte and mcluding, by phase, buildmg
area and percent, paved area and percent, landscape area and
percent, number of lots, t}'ip~~g!:;!iliglmJl:ro lot sizes and
dimenSIOns, net density, gross denSIty, etc
s. Development tIme schedule by phase.
t. ReqUIred certIficatIOns.
3 The outlme development plan shall be recorded with the Jefferson County
Clerk and Recorder and, therefore, must meet theIr reqUIrements for
recordatIon.
4 The followmg certIficatIons, m addItIOn to the reqUIred surveyor's
certIficate, shall also be placed upon the outlme development plan.
OWNER'S CERTIFICATION
The belOW-SIgned owner(s), or legally deSIgnated agent(s) thereof, do hereby agree that
the property legally described hereon WIll be developed as a planned development in
accordance With the uses, restnctlons and condItions contamed m thIS plan, and as may
otherwIse be reqUIred by law I (we) further recognize that the approval of rezomng to
Planned Development, and approval of this outlme development plan, does not create a
vested property nght. Vested property rights may only anse and accrue pursuant to the
proviSIOns of sectIOn 26-121 of the Wheat Ridge Code of Laws.
SIgnature of Owner(s) or Agent(s)
NOTARY PUBLIC
Subscribed and sworn to before me thIS
day of
'-
Witness my hand and offiCIal seal
13
My commISSIOn expIres
NOTARY SEAL
PLANNING COMMISSION CERTIFICATION
Re"~Iitmellde4 for ~PPl:~v:IlI./~rjl?ro;1cea !lil~' de ~ Myof '
by the Wbeat Ridge Planning Coi11t1'li.ssion.
GhairpersottOlai:t:man
PL'\NNING f.ND DEVELOPMEN1:'iOOMJ\IDNllfYnEVEL0PMENT DIRECTOR
CITY COUNCIL CERTIFICATION
Approved this
CouncIl.
day of
, by the Wheat Ridge City
ATTEST
CIty Clerk
Mayor
CITY SEAL
COUNTY CLERK AND RECORDER'S CERTIFICATE
ThIS document accepted for filmg in the office of the County Clerk and Recorder of
Jefferson County at Golden, Colorado, on the day of
AD, m Book , Page , Reception No.
JEFFERSON COUNTY CLERK AND RECORDER
By"
14
Deputy
5 Review procedures:
a. Staff revlew'lJPon filmgofanapph~atIon~n~ other ~~qll1re~
documents, pla:mring.and..de.'I~lbPIt1:t3~.'.~oDlDluqity~~y~Igllp,lent
staff will refer copies of the plans to affected departments and
agencies for review All comments shall be forwarded to the
applIcant so that necessary revIsions may be made by the applicant
pnor to schedulmg the applIcatIon before planmng commission.
b Plannmg commiSSIOn heanng. The plannmg commiSSIOn shall hold
a public heanng pursuant to the publIc notice reqUIrements of
section 26-109. The planning commiSSIOn shall recommend
approval, approval with modificatIOns or demal of the outlme
development plan, statmg the reasons for ItS recommendation. The
recommendation shall be forwarded to city council.
c. CIty councIl heanng. The city council shall hold a publIc heanng
pursuant to publIc notIce as reqUIred by sectIOn 26-109 The city
council shall approve, approve With modificatIons or deny the
applicatIon.
6. 1\;11 appro~edoutline;4ey~16Pnlentpllfus shil11 \1fft~Q(ded
with the nCounty Clerkan9' , " . " ciated
recording fees shalloe submitted to '
community development departm~t withirrthirty (30)
council!s final action. Should a recorqable appmved outlmel1,t
plan not be provided to staffwithin.t1llrty (30) sixty (60) daysof:council's
tinalaction, sta schedul e~g before yitycoJ;tqcil and
city coUncil '. sider its , A:oli~-tim~ t~rty.4ay
exte,nSiQll{or ubmittal'Q1liybe t~q, ed fromt~eCODlmJ.mity
Development " r. Ther , ,ted'm' "
prior.to expiratioqoNhe 60-d~ytim owing evidencef.good
cause for not'meetingthe deadline.
D Final development plan. The final development plan proVides the final
engmeenng and site design details for final approval of one (1) or more phases of a
proposed development.
1. Submittal reqUIrements.
a. Complete and notarized applIcatIOn.
b Proof of ownership, such as copies of deeds or title commitment.
15
c Power of attorney from owner(s) where an agent acts on behalf of
the owner(s).
e..d~ Names, addresses and telephone numbers of archItects and
engineers associated wIth preparatIon of the plans and plat.
fie. Copies of proposed agreements, proviSIOns, covenants,
condomimum declaratIons, etc., whIch govern the use,
mallltenance and contlllued protectIOn of the planned development
and any of its common areas and facilIties, and whIch WIll
guarantee unified control.
g,-f. AddItIonal Information may be required, Including, but not lImIted
to, geologIcal stability report, traffic impact report, civil
ttllgineel'!l1gpJltll~; floodplain impact report or general
environmental Impact report.
2. Form and content of the final development plan. The final development
plan shall be consIstent WIth the approved pre~+ijil.tIine
d~yelQPmellt plan. The final development plan shall be drawn at a scale
of no less than one (1) Inch to one hundred (100) feet and contaIn the
folloWIng:
a. Legal descnptlOn of the entIre planned development, and if the
final development plan is for only a portIon of the SIte, a legal
descnptlon of that portion of the sIte Included wlthlll the final
development plan.
b Location, extent, type and surfacing matenals or all proposed
walks, malls, paved areas, turfing and other areas not be covered
by bmldlllgs or structures.
c.
d. A landscape plan whIch provides locatIOn, type, sIze and quantItIes
of all eXIsting (to remaIn) and proposed plant material and other
landscape features and materials. Common and botanical names of
all plant matenals shall be IndICated. LocatIon and type of
Imgation system shall be llldlcated. ,~
16
e. Location, extent, types of materials and height of all walls and
fences.
f. Extenor lIghting devices; type, height, locatIon and onentatlOn.
g. LocatIOn, extent, maximum height, number of floors and total floor
area of all buildmgs and structures.
h. Total number of dwellmg umts. and~t)'PiCar floor'J'llatlsCfol:
residential projects.
1. ElevatIons and perspectIve drawmgs of all proposed structures and
Improvements, mdlcatmg architectural style and building
matenals. The drawings need not be the result of final architectural
deSign but of sufficient detail to permit evaluation of the proposed
structures.
J Off-street parkmg and loading plan which mdlcates the Size,
locatIOn and number ofparkmg and loadmg spaces and whIch
shows the proposed circulatIon of vehicles and pedestrians Within
the planned development and to and from eXisting or proposed
public thoroughfares. Any special engineenng features and traffic
regulatIOn deVices needed to facilitate and ensure the safety ofthis
circulatIOn pattern, includmg fire lanes, must be shown.
k. IndicatIOn of all proposed uses for all buildings, structures and
open areas. OutSIde storage and display areas must be mdlcated If
proposed. DescriptIOn of any proposed temporary or intenm uses
of land or eXlstmg buildmgs prior to development in accordance
With the approved final development plan,
1. A development schedule mdlcating the approximate date on which
constructIon of the project can be expected to begm and
approximate dates when constructIOn will be completed. If a
multIphased project, indicate times for each phase
m. The final development plan (and plat) shall be recorded WIth the
Jefferson County Clerk and Recorder and, therefore, must meet
their reqUIrements for recordatIOn.
3. The following certIficatIOns, and approvals, in additIon to the reqUIred
surveyor's certificate, shall also be placed upon the final development plan
(and plat)
17
OWNER'S CERTIFICATION
The below-sIgned owner(s), or legally designated agent(s) thereof, do hereby agree that
the property legally described hereon will be developed as a planned development in
accordance wIth the uses, restnctions and conditions contained in this plan, and as may
otherwIse be reqmred by law. I (we) further recognize that the approval of final
development plan (EltKtPli:\.t) does not create a vested property nght. Vested property
nghts may only anse and accrue pursuant to the provisions of sectIon 26-121 of article I
of the Wheat RIdge Code of Laws.
SIgnature ofOwner(s) or Agent(s)
NOTARY PUBLIC
Subscribed and sworn to before me this
day of
Witness my hand and official seal.
My commission expires
NOTARY SEAL
PLANNING COMMISSION CERTIFICATION
Recommended for approval }\pproved this
by the Wheat Ridge Planning Commission.
day of
Chairperson Chairman
PLANNIHG }~ND DEVELOPMENT COMMUNITY DEVELOPMENt DIRECTOR
CITY COUNCIL CERTIFICATION
Approved thIS
CounCIl.
day of
, by the Wheat Ridge City
ATTEST.
City Clerk
Mayor
18
CITY SEAL
COUNTY CLERK AND RECORDER'S CERTIFICATE
This document accepted for filmg in the office of the County Clerk and Recorder of
Jefferson County at Golden, Colorado, on the day of
AD, III Book , Page , Reception No
JEFFERSON COUNTY CLERK AND RECORDER
By'
Deputy
4 ReView procedures'
a. Staff review Upon filmg of an applIcation and other reqUIred
documents, the pI~g~'ag~'tlJ~'let~~Qnt;~9ijliijitiitij
<l~!~Ic:!I!W~gt staff will refer copies of the plans to affected
departments and agencies for review. All comments shall be
forwarded to the applicant so that necessary revisions may be made
by the applicant pnor to schedulmg the applIcation before the
planning commissIOn.
b Planmng commission heanng. Planning commissIOn shall hold a
publIc hearmg pursuant to the reqmrements of section 26-109. The
planning commiSSIOn shall recommend to city council approval,
approval with modifications, or denial stating the reasons for
actIOn.
c. City council heanng. Upon receipt of the planning commiSSion's
recommendatIOn, city council shall hold a publIc heanng pursuant
to the reqUIrements of section 26-109. City council shall approve,
approve with modifications or deny the applIcation.
d.
19
shall reconsider itsprevio
extensiouJor :m,ylat:;s'
COJl\iQ1;l ;' ~ve
submitted in :.
limitshomng good ~
5. Expiration of.fmal d~v.elopme1it p~an;appr9vals; :reapplications.
a.
(Jonstructi9n shall
development scnedul
development}llan.
pordanc~.with.the
iherecord,ed -fQial
b.
Extension ,olth~dev
fbull :deVt\IOlmienfc
developnHlnt plan.
l!t schedule specified on a rel;orded
{require amendment to tliefimH
c. A new,application forsu~fta.ntially the same development
appUcation may nofbercI(iledforone{l)"year after denial.
Sec. 26-309. J:BteFflret~tiaB Application of stahdards.
A. DetaIled specIfications and standards which should have been set forth on an
approved outlilieand final development plan, but whIch were found subsequent to
approval to have been omItted, may be mterpreted by the c9:m,iQijnif;YdeVelopiQenf
dIrector of planning and dc',elopmcnt to be those specificatIons and standards set forth in
the zone dIstrict m whIch the approved uses contamed wlthm the final development plan
would be permItted.
-
B The supplementary regulations of artIcle VI apply to uses and actIvItIes wlthm
planned development dIstriCts, unless otherwise proVIded in the approved final
development plan.
C. If the oqtlli,teand final development plan does not address a partIcular
development standard, the standard of the zone dIstrict whIch most closely matches the
planned development as determmed by the pl~iffg~c{;tl6cT;cl0fl~l:U;.c()gIiQUnjf;Y
deYelQpiQent director shaH be used.
D The owner of any property who or whIch feels aggrIeved by such determmatlOn
may appeal the determination pursuant to the provIsIOns of section 26-115
E. Ifth
pl;mdo . .
consistent'
20
F. To ~aryfrOJ;ntbe'miilin:Olln de elop
outllne:development'plan;'llit. aqlendjl
.~h~d 9.J.J:areco.rded
::Plan:is" requIred.
G. To varyJromthe s'an,f,l~t,p~~l.ftt;~.rtI! ;~I! ~;te(:qt4~4;f;.nal d,evel\)Ilmcpt plan,
an al11ennedfirlal develOpmentJPlaniisr~qliifed.
Sec. 26-310. Binding upon successors and assigns.
All approved development plans shall be bmding upon the owner(s), their successors and
assigns, and shall limit the development to all conditions and limitations established in
such plans, and as may be contained in separately recorded agreements, covenants,
condomimum declaratIOns, etc., which were approved by city council as part of a planned
development approval.
Sec. 26-311. Amendments to development plans.
A. The procedures ai1drequittrientsforllIp.enjiiI)gan~p "
(pr~Ii:n:rintllYo..t1i~"e;or f'ipiI) sMlhhe! '
as provided for UIlder~!ibs~ . .
outUne dev:elopmeni Jllajr~ rqy
contained Withih the area originally approve.d;
specific altemative..provision~have be~ti "
control agreement. All aJ:iplic;t,ti~ns j
be approved in writing,~'yatl owners
contained within the parcel or :phase
amendment is being reqttesteq.If.the " ", .' access,
drainage, utilities and/or circulation, affectedptopeity'owp.ers mustconsent'to the
application for amendment in writing.
B Based upon showmg of necessity therefore, mmor changes m the locatIOns of
structures and their accessory uses, fences, parking areas, landscapmg and other site
Improvements may be permitted as an "administrative amendment" by the cOinn:iUtlity
devt)iopment directorefplannil'!;glH1ddC5VcIOflm~ht, If such changes will not cause any of
the followmg circumstances to occur'
Change m the character of the development.
2. Increase m the mtensity (or density) of use.
3 Increase of the problems of circulation, safety and utilities.
4 Increase of the external effects on the adjacent properties.
5 Increase m maximum building height.
21
6 Reduction m the ongmally approved setbacks from penmeter property
lmes.
7.
8.. or relocatIOn Q.~Jd(l3tio.h of landscape areas whIch are required as buffer
yards or establish project character
9. Increase III the gross floor area of structures of;ov~40% beyond the
authorized maximum allowed with the approved planned development,
butn6lto exceed an ificreasebf 1 O',OQOsquare.f~et
to. Changeoftheland areadevQtedtQany approvedusebymore,than
10%.
C Any changes or reVIsions of a final development plan whIch are approved, either
admIlllstratIvely or by city counCIl actIOn, must be recorded WIth the Jefferson County
Recorder as amendments to the origmal recorded development plansqbje~IJ9:~tlf~
deJldlinep1'9"i$Io.fi~"Qf.S~ctio.!1Z(J;'3!J~.l.);4;d,
Sec. 26-312. Interim use.
Subsequent to rezomng to a Planned Development Dlstnct and approval of a final
development plan, but pnor to development and use of a parcel III accordance with the
approved plan, the property may contIllue to be used for any lawful purpose for whIch It
was used at the tIme of ptelitni@Y'olltliliedevelQPjj(eIit plan approval, proVIded,
however, that no new permanent structures or addItIOns to eXIsting structures will be
permItted.
22
City of Wheat Ridge
Community Development Department
Memorandum
TO:
FROM:
SUBJECT:
DATE:
Planning CommissIOn
Meredith Reckert
Case No. ZOA-03-14/Planned Development District Regulations
August 29, 2003
Attached for the Planning CommIssIOn's consideration are staffs proposed changes to ArtIcle III of
the Zomng and Development Code. The eXIsting planned development regulatlOns were
Incorporated Into Chapter 26 when It was rewritten In 2001 For companson purposes, both the
existing sectIOn of the code wIth proposed changes (ExhibIt I) and the proposed revisIOns In
ordmance form (Exhibit 2) have been mc1uded. Only the affected sectIOns of the regulatIOns have
been mcluded m the ordmance The format of both documents uses strike throughs for deleted
language and bolding for additIOns. All changes have been designated wIth shadoWiD.~
The following revisions are being proposed as shown on Exhibit I
. PMUD: The Planned MIxed Use Development (PMUD) dIstrict has been mcorporated mto
the categones of Identified planned developments wlthm the CIty (page 1).
. Lot coverage: The defimtlOn citatIOn and specific reqUIrements for lot coverage have been
removed from the different planned developments deSIgn standards (pages 2, 4,5, 7, 8)
. Landscaping, parking, fences and walls and signage: The language relatIve to these
deSIgn standards has been reworded. These revisions do not reduce the reqUIrement, but
recogruze that there can be flexiblhty In apphcation based on the deSIgn features of a specific
planned development district through the outlme and final plan approval processes. TIllS
revIsIon affects all five of the planned development dlstncts (pages 2, 3, 4, 5, 6, 7, 8, 9)
. Commercial use conditions in the PRD district: MIxed use developments are more
appropriately addressed through PMUD apphcations. For this reason, staff IS
recommending the commercial use condItions be removed from the PRD zone district
regulations (page 3).
. Residential use conditions in the peD district: MIxed use developments are more
appropnately addressed through PMUD applicatIOns. For this reason, staff IS recommendmg
the residential use condItIOns be removed from the PCD zone dIstrict regulatIOns (page 5).
. Planned Hospital District: Independent hving units have been added as an allowed use in
the PHD district. (page 6) The allowed residential denSIty has been corrected from 2 I units
per acre (old standard) to 16 units per acre (current standard). (page 7)
EXHIBIT 2
· Planned Mixed Use District: The resIdential densIty standard has been corrected by the
ehmmation of required commercial parkmg from the denslty calculation. ThIs reVISIOn is
consIstent wlth the ongmal ordmance adoptmg the PMUD dlstnct (page 8)
· Removal of preliminary plats: The subdIvIsIon process was modliied last year by
ehmmation of the prehmmary plat step. ThIS change IS consIstent wIth that legIslatIOn (p
10)
· Neighborhood meeting: The word "referral" has been removed (page 11).
· Outline denlopment plan contents: "TypIcal" lot sIzes has been replaced wIth
"mlmmum" lot sIzes (page 13)
· Planning Commission Certificate: The Plannmg CommIssion certIficate for both outlme
and final plan document cert]ficatlOns has been revIsed (pages 14 and l8)
· Time limit for mylar recordation: Staff]s recommendmg that the time hm]t for
recordatIOn of mylars for outlme and final development plans be extended from 30 to 60 days
wIth the opportunity for one extensIOn (pages l5 and 19)
. Final development plan contents: The requirement for typIcal floor plans as part of the
final development plan package has been removed (page 17). The "owner's certIficatIOn"
has been modified by the removal of the words "and plat" as it IS a reqUIrement in the code
that these documents be separately recorded
. Expiration of final development plans: A proVISIon for expIratIOn of final development
plans has been mcorporated into the planned development regulatIOns. The eXlstmg
proviSIon is currently located In sectIOn 26- I 07 and provides a one-year expiratIOn period.
Staffis recommending the expIration period be extended to three years.
. Amendments to denlopment plans (owner approval): The eXIsting regulatJOns specIfy
that all owners of real property wlthin the confines of the proposed outlme development plan
must approve of the applicatlOn In wnting. thiS apphes to both outlIne plan approvals and
outlIne plan amendments. The regulatJOns pertaIning to owner concurrence for a [mal
development amendment are unclear. Staff recommends that agreement be required by only
owners wlthm the parcel or phase where the amendment wIll occur.
. Amendments to development plans: The Community Development Drrector has the
authority to approve final development amendments administratively if certaIn criteria are
met.
Reduction of landscaping: Staff is recommending that the admimstrative approval
authority be applied to landscaped coverage in very limited Situations. The dITector could
approved an amendment to reduce the amount oflandscaping from the original final plan
approval as long as It would not reduce the landscaped area to an amount less than the
requlTement on the origmal outhne plan.
2
Example scenano. A particular outline development plan designates minimum landscaped
coverage to be 20%. The final development plan has been approved with 28% landscaped
coverage. The owner would like to displace some landscaping to install an additIOnal
handIcapped parkmg space The resultant reductIOn of landscaping IS 3%, bnngmg the
proposed total to 25%. Under thIS provision, the Director could approve the reduction as the
landscapmg coverage still exceeds the anginal 20% required by the outhne development
plan. (page 21, item 7).
Increase in gross floor area: Staff is recommendmg that the Commumty Development
Director be authorized to approve mcreases of gross floor area of no more than 10%. This IS
allowed ill many other cities in the metropolitan area (Westmmster, LIttleton, Arvada,
Lakewood). (page 21, Item 9)
Increase in land area devoted to a particular use: Another common practice In other
CIties is to allow administrative approval of a change ofland area devoted to a particular use
(Ie, residential versus commercial) All of the citJes canvassed had a limitatIOn of not more
than a 10% change. (page 21, Item 10)
RECOMMENDED MOTION: "I move that Case No ZOA-03-14, proposed amendments to
Chapter 26 of the Zomng and Development Code regardmg planned development dlstnct
regulatIOns, be forwarded to City CouncIl With a recommendatIOn of APPROVAL for the fonowmg
reasons
I It alleViates redundant language.
2 It extends the lime IImlt for mylar submittal
3 It extends the tJme hmlt for final development plan expiration.
4 It allows more flexibihty for approval of admmlstrative final development plan
amendments."
3
7. PUBLIC HEARINGS
A. Case No. Wz.-02-13 (continued from Aue.ust 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 Aue.ust 21, 2003): An apphcation filed by
Melody Homes, Inc. for approval of a 38-10t 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 meetmg. Staffrecommended 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 RJdge
Code of Laws concerning cost recovery for constructIOn of certam publ1c
improvements.
This case was presented by MeredIth Reckert. She reviewed the staff report which contamed
an ordinance prepared by the cIty attorney's office regarding future cost recovery for reqUlred
Improvements. It would allow developers who mstall public street and drainage Improvements
to be reImbursed from a subsequent developer who benefits from the original constructIOn of
these publ1c Improvements. Staff recommended approval of the ordmance.
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 tbe installation of public improvements, be forwarded
to City Council witb a recommendation of approval for tbe following reason:
1. It will allow denlopers to be reimbursed for construction of impro\'ements tbat
benefit otbers.
The motion passed 6-0 witb Commissioners DAVIS and PLUMMER absent.
D. Case No. ZOA-03-14: An ordinance amendmg Article III of Chapter 26 of the Wheat
Ridge Code of Laws pertaining to planned developments.
llUs case was presented by Meredith Reckert. She reviewed each existmg section of the code
and compared them with the proposed reVIsions. Staff recommended approval of the
Dfdinance.
Planning Commission
September 4, 2003
Page 2
EXHIBIT 3
I(
L
It was moved by Commissioner BERRY and seconded by Commissioner McMILLIN tbat
Case No. ZOA-03-14, proposed amendments to Chapter 26 of the Zoning and
Development Code regarding planned development district regulations, be fonvarded to
City Council with a recommendation of approval for the following reasons:
1. It alle'\'iates redundant language.
2. It extends the time limit for mylar submittal.
3. It extends the time limit for final development plan expiration.
4. It allows more flexibilit)' for approval of administrative final development plan.
With the following conditions:
]. Regarding Section 26-311.B.9, there be a limitation of gross floor area not to
exceed 10,000 square feet.
2. Following paragraph A of Section 26-311, the following words be added: and all
property owners who may be impacted by the proposed amendment to the jinal
development plan.
The motion passed 6-0 with Commissioners DAVIS and PLUMMER absent.
E. Case No. ZOA-03-15: An ordinance amending Section 26-106 of the Wheat Ridge
Code of Laws concernmg the revIew process chart.
ThIS case was presented by Meredith Reckert. She revIewed the staff report and revIewed the
eXlstmg process chart comparing it with the proposed reVISIOns
It was moved by Commissioner McMILLIN and seconded by Commissioner STITES that
Case No. ZOA-03-15, a proposed amendment to Chapter 26 of the ZOl!ing and
Development Code regarding the land use review process chart, be forwarded to City
Council with a recommendation of approval for the following reasons:
1. It will strt'amline the review process by simplifying the pre-application meeting
requirement.
2. It expedites tbe subdivision approval process by elimination of tbe neighborhood
meeting requirement.
3. It distinguishes between the different categories of planned development
approvals.
4. It reOects recent legislation regarding tbe special use process.
With the following condition:
1. That wording in footnote #1 of tbe proposed re\liew process cbart be changed to
read: Iffive or fewer parcels, minor subdivision process applies. If more than jil'e
parcels, ItUljor subdivision process applies.
The motion passed 6-0 with Commissioners DAVIS and PLUMMER absent.
Planning Commission
September 4, 2003
Page 3
B. Case No. ZOA-03-17: An ordinance amendmg Section 26-107 of the Wheat RIdge
Code of La\\'s concemmg expiration of development approvals,
Meredith Reckert presented this matter She reviewed the staff report and noted that staff
recommended removal of time limits on outlIne development plans so they remam In
perpetUIty However, staff acknowledges there should be more dIscussion and conslderal1on on
the proposed changes to the final development plan expirations and recommended continuation
of that diSCUSSIon (0 a later I1me.
Alan White explained that there are final development plans that are 30 years old where the
outlme plan sets the standard for landscapmg at 8% to 10%. The current requIrement for
landscapmg IS 20%
CommIssioner McNAMEE asked how many old planned developments exist that have ne\ er
been developed Alan White explained that most Situations deal with the last one or two
bUIldmgs Wlthm an old planned development. He estimated there are probably two dozen of
these situations
CommIssioner PLUMMER suggested a requlfement that, If not developed within a certam
number of years, the plan must be reviewed whIch would JO\'olve new applicatIOn fees
CommissIoner STITES suggested a reqUIrement that the apphcatlon must be brought up to
current code reqUIrements after a certam tIme limit has passed.
CommIssIOner McMILLIN asked about an applicant's vested nghts WIth pnor development
approval Alan WhIte explamed that the statutory limIt for vested rights IS three years
However, a developer could come m and request a vested nghts agreement but such agreement
would have to be revIewed and approved by CIty CouncIl
CommIssIoner PLUMMER expressed concern that large projects sometimes take longer than
three years to prepare for constructIOn and draInage, roadway and other conditIons could
change during that lime. Alan WhIte explamed that notices of any such changes 10 Planned
Developments are given to the owners or developers of surroundmg propertIes
CommissIOner McMILLIN suggested a prOVISIon to shift amemtles such as landscapmg
according to changes that have taken place since the imtlal approval
Commissioner McNAMEE asked if there were lime restrictIOns for a developer to begin or
complete hiS proJect. Alan White stated that there is the one-year restnction to begin bUIlding
He noted that a prOVision in the code adopted two years ago slaled that bulldmg needed to
begm Wlthm one year of adopting the code or their approval would expire. No notice to owners
was given of this requlTement. No one responded to this action.
Commissioner McMILLIN suggested a survey of other munICipalities regarding their
regulations. Meredith Reckert slated that she checked with other muniCipalities and found that
most have a three-year limitation on final development plans. She didn't check to see what
Planning Commi~lon
Decem~r 4. ~OO3
Page 3
EXHIBIT 4
procedures were m place when the time hmltation IS up and mdicated that she would contact
neighboring rnunlclpahlles regarding Ihls malleI'
It was mond by Commissioner PLUMMER and seconded by Commissioner McMILLl~
that Case No. ZOA-03-17, an ordinance amending Section 16-107 of the Wbeat Ridge
Code of Laws concerning e.xpinltion of deHlopment approval, be continued to February
5, 2004. The motion passed unanimously.
8. OLD BUSINESS
. Alan Whlle reported that AutoNatlon IS in the ~rocess of Installing a wetlands/detentIon
pond and stonn sewer ]mprovements out to 38' Avenue A bUlldmg pennll for theIr new
bUIlding IS antICIpated in Ihe spnng. They have indicated they want to be open by Januar).
2005
. In response to a queslJon from CommIssioner McNAMEE regardmg the temporary lot at
Lutheran Hospltal, Meredllh Reckert explamed thIS WIll accommodate constructIOn and
employee parking that is being displaced by the new medical buildmg constructIon ThiS IS
being processed as an admmistrallve amendment and staff]s attemptmg to stay cognizant of
neIghborhood concerns. Alan White reported that there IS as-year t1me lImll on the
temporary lot.
9. l"EW BUSINESS
Alan Whlle reported that the December 181h Planning CommiSSIon agenda wllllOc\ude RV
regulatIons.
Meredllh Reckert reported that the mtervlew process has begun to fill the planner
techmcian vacancy
]0. COMMISSION REPORTS
There were no commISSIOn reports.
] 1. COMMITTEE AND DEPARTMENT REPORTS
There were no cOffirmt1ee and department reports
n. ADJOURNMENT
It was mond by Commissionu PLUMMER ~lDd seconded by Commissioner STITES to
adjourn the meeting at 7:55p.m. The motion passed un:mimousl)'.
In r2u (] f\ iJ1 ('A. '1 /KQ ~
Marian McN2mee, Chair
/ /-- ~
~ / .
'7)~ eA ,
Ann Lazzeri, Recordm ' ~retary
Planlllng Commission
!Xcember 4, :ZOO)
Page 4
INTRODUCED BY COUNCIL MEMBER Berry
Council Bill No. OS-20M
Ordinance No.
Series of 2004
TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT
RIDGE CODE OF LAWS PERTAINING TO PLANNED DEVELOPMENT
DISTRICT REGULATIONS
WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to the
requirement for and content of planned development districts;
WHEREAS, the City has identified changes which will improve the processing
of and standards for planned development district applications.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1. Article III of Chapter 26 of the Wheat Ridge Code of Laws is hereby
amended as follows
Sec. 26-301. Scope and application.
A. There is hereby created a Planned Development District to further promote the
publIc health, safety and general welfare by permitting greater flexibility and innovatIOn
in land development based upon a comprehensive, integrated plan. For the purpose of
ensuring maximum flexibility of this district, the district is divided into the followmg
subdistrIct desigaations planned development zone district categories, based on the
primary land use of a proposed development plan or portion thereof:
1. Planned Residential Development--PRD.
2. Planned Commercial Development--PCD.
3. Planned Industrial Development--PID.
4. Planned Hospital Development--PHD.
S. Planned Mixed Use Development - PMUD.
By creating the above subdistricts, zone district categories, the city council recognizes
that these subdistricts zone district categories may exist singly or in combination within
any approved planned development.
ATTACHMENT 2
B. On and after the effective date of this chapter as set forth in section 26-1003, all
applIcations for private rezoning under section 26-112 for properties in excess of one (1)
acre (for rezoning to residential or industrial zones), and all applications for private
rezoning to any commercial district shall be required to request rezoning to one (1) of the
listed planned development subdistricts zone district categories. The procedure for
review of any planned development application shall be that for private rezoning at
section 26-112. A Planned Development District may be approved for any single use or
any combination of uses; provided, that the intent and purposes of this section are met,
and that the general health, safety and welfare of the community are advanced through Its
approval. This section shall apply to:
1. Any new application for a rezoning to a Planned Development District.
2. Any application for amendment to an existing planned development
subdistrict. zone district.
C. The mtent ofthe Planned Development District is to permit the establishment of
well-designed, innovative developments which may not be permitted by a standard zone
district, however but, which may be permitted through the use of an approved
development plan by assuring greater control and specificity of intended development
character, use, operations and maintenance, while at the same time allowing flexibility
and diversity This district recognizes the great variety of land use intensities, densities,
and envIronmental and land use interfaces which are possible. The general purposes of
this sectIon are as follows:
1. To accomplish compatible development with adjacent commercial,
residential and/or mdustnalland uses through proper land use transItions
and buffering techniques.
2. To promote flexibility in design and permit diversification III the location
of structures.
3 To promote the effiCIent use ofland to facilitate a more economic
arrangement of building, circulation systems, land use and utilities.
4. To preserve, to the greatest extent possible, the existing landscape features
and to minimize impacts on other natural features ofthe site.
5. To provide for more usable space through the combination and grouping
of structures, parking, loading and storage areas.
6. To combine and coordinate architectural styles, building forms and
building relationships within the planned developments.
7. To minimize traffic congestion on public streets, control street access, and
to proVIde for well-designed interior circulation.
2
8. To ensure that adequate public utilities and facilities are available within
the area, to serve the specific development.
9. To promote conformance with the adopted comprehensive plan,
established policies and guidelines for the area and for the community.
Sec. 26-303. Planned Residential Developments (PRD) regulations.
A. Area. No minimum.
B. Density: Maximum sixteen (16) dwelling units per acre.
C. Height: Maximum thirty-five (35) feet.
D. Lot cO'lcrage: Maximum seventy five (75) percent. (See section 26 123 for
definition. )
~ D. Landscaping: In accordance with Section 26-502, otherwise as established by
the outline development plan and as specifically detailed on an approved final
development plan. Minimwn tweftty five (25) percent. (See section 26 502.)
F E. Parkmg: In accordance with Section 26-501, otherwise as established by the
outline development plan and as specifically detailed on an approved final
development plan. Based upon specific uses. (See section 26 501.)
~ F. Fences and walls. In accordance with Section 26-603, otherwise as
established by the outline development plan and as specifically detailed on an
approved final development plan. PiS specifically detailed on an approved final
development plan, otherWise follow requirements of section 26 603.
It G. Signage. In accordance with article VII., otherwise as established by the
outline development plan and as specifically detailed on an approved final
development plan. ,'\s specifically detailed on and approved on final de'lelopment plan,
otherwise follow requirements of article VII.
I. Commercial use conditiofls:
I. Commercial uses shall be allowed only where speoifically approved in a
final development plan.
2. Commercial uses, including all associated land used for building 5fllWe,
parking and landscaping, shall not exceed twenty five (25) percent ofthe
gross area included within a particular PlarJled Residential Development
District.
3
3. Land used f-or commercial uses including parking, ingress, egress, and
landscaping, shall be calculated separately and may not be included in the
land area used to calculate the maximum of si)(teen (16) residential units
per acre. If uses are combined in a structure, the land attributable to the
commerciall:lSe shall be considered to be the building square footage
occupied by commercial uses, the required parking, and a proportIonate
share of the common arcas, such as ingress egress, landscaping, roadways,
ere:-
J-:. H. The requirements of this section shall not apply to impose a density requirement
of less than twenty-one (21) units per acre, with respect to the reconstruction of
residential dwelling in the PRD district, where such structures and theu reconstruction
meet all of the following requirements:
1. The structure was legally in existence on September 8, 1997;
2. The structure is located upon a lot which does not meet the then-applicable
minimum lot area and/or minimum land area per unit requirements for
such proposed reconstruction, and
3. Such reconstruction is restricted to replacement of the structure which has
been destroyed.
This exemption shall not apply to:
1. New construction where no replacement of a preexisting structure takes
place; or
2. Reconstruction of structures which were not legally ill existence (as
distinguished from legal nonconforming structures).
&, I. All planned residential developments shall meet the residential site design
standards of article V. unless specifically varied on the outline and final development
plan.
b J. A planned residential development shall be required for any mobile home park
and must meet the standards for mobile home park design in section 26-506.
Sec. 26-304. Planned Commercial Developments (PCD) regulations.
A. Area. No minimum.
4
B. Height: Commercial structures shall not exceed fifty (50) feet; residential
structures shall not exceed thirty five (35) feet; residential uses located wIthin a
commercial structure shall not be permitted above thirty fi'le (35) feet.
C. Lot coverage: Maximum eighty (80) percent. (See section 26 123 for definition.)
.g., C. Landscaping: In accordance with Section 26-502, otherwise as established by
the outline development plan and as specifically detailed on an approved final
development plan. Minimum twenty (20) percent. (See section 26 502.)
& D. Parking: In accordance with Section 26-501, otherwise as established by the
outline development plan and as specifically detailed on an approved final
development plan. Based upon specific uses. (See section 26 501.)
F-: E. Fences and walls: In accordance with Section 26-603, otherwise as established
by the outline development plan and as specifically detailed on an approved final
development plan. As specIfically detailed on appro'fed final development plan,
otherwise follow requirements of section 26 603.
@- F. Signage: In accordance with article VII., otherwise as established by the
outline development plan and as specifically detailed on an approved final
development plan. As specifically detailed on and approved on final development plan,
othenvise follow requirements of article VII.
He Residential use conditions:
1. Residential uses shall not exceed thirty five (35) f-eet in height.
2. Residential uses, including associated parking, land used for buildings,
landscaping, etc., shall not exceed fifty (50) percent oftha gross area
included within a particular Plar,ned Commercial Deyelopment District.
3. Where residential uses are part of a plar,ned commercial development, the
land used for commercial uses including parking, ingress, egress and
landscaping, shall be calculated separately, and may not be included in the
land area used to calculate the maximum of sixteen (16) units per acre. If
the commercial and residential uses are mixed in the same building or for
other reasons cannot be clearly separated from the residential area, the
land attributable to the commercial use shall be considered to be the
bl:lilding square footage occupied by commercial uses, the required
parking, and a proportionate share of the common areas, such as
ingress/egress, landscaping roadways, etc.
h G. A Planned Commercial District shall be used to establish any proposed
recreational vehicle park.
5
Sec. 26-305. Planned Industrial Development (PID) regulations.
A. Area: Each Planned Industrial Development District shall be minimum of one (I)
acre.
B. Height: Maximum fifty (50) feet.
Go Lot coverage: Maxim1:lffi eighty (80) peroent. (See section 26 123 fer definition.)
9. C. Landscaping: In accordance with Section 26-502, otherwise as established by
the outline development plan and as specifically detailed on an approved final
development plan. Minimum h'lenty (20) peroent. (See section 26 502.)
E, D. Parking: In accordance with Section 26-501, otherwise as established by the
outline development plan and as specifically detailed on an approved final
development plan. Based 1:lpOR specific 1:lses. (See section 26 501.)
R- E. Fences and walls. In accordance with Section 26-603, otherwise as established
by the outline development plan and as specifically detailed on an approved final
development plan. As specifioally detailed on approved fiool development plan,
othervlise follow requirements of seotion 26 603.
fh F. Signage: In accordance with article VII., otherwise as established by the
outline development plan and as specifically detailed on an approved final plan. As
speeifioally detailed on approved final development plan, otherwise follow requirements
of artiole VII.
-
lh G. All planned mdustrial developments shall meet the industrial performance
standards set forth in section 26-505
Sec. 26-306. Planned Hospital District (PHD) regulations.
A. Allowable uses. The following uses hereinafter listed shall be permitted only as
speCifically designated on the approved final development plan:
I Public and private general hospital.
2. Hospitals or sanitariums for contagious diseases, or the mentally disturbed
or handicapped.
3. Independent living units, Homes homes for the aged, nursing homes,
congregate care homes, hospices or similar residential facilities which are
accessory to a hospital or sanitarium principal use.
6
4. Accessory uses and structures customarily associated with the permitted
uses as shown on the approved final development plan.
B Area. Each Planned Hospital District shall be a minimum of five (5) acres, except
as provided below.
C. Lot width. Two hundred (200) feet minimum.
D. Setback requirements:
1 Front: Fifty (50) feet minimum.
2. Side: Twenty-five (25) feet minimum plus ten (10) feet for each story The
intent is to provide a minimum twenty-five-foot landscape buffer adjacent
to residential zoned property
3 Rear: Twenty-five (25) feet mmimum, plus ten (10) feet for each story.
The intent is to provide a minimum twenty-five-foot landscape buffer
adjacent to residential zoned property.
E. Height:
1. Hospital buildings. Fifty (50) feet maximum, except as follows:
a. Sixty-five (65) feet where the lot on which the building is to be
constructed is at least fifty (50) acres in size.
b Additions attached to existing hospitals may be built to a height
not to exceed the height of the existing building.
2. Offices: Fifty (50) feet maximum.
3 Residential: Thirty-five (35) feet maximum.
4 Accessory: Thirty-five (35) feet maximum.
F. Lot coverage. Seventy five (75) pereeat maximmn overall site eoyerage.
G. F. Residential density. No residential development, excluding congregate care
homes, nursing homes or intermediate nursing care facilities, shall exceed sixteen (16)
tweffiy one (21) dwelling units per acre.
II. G.
Landscaping:
1. Minimum twenty-five (25) percent overall site requirement.
7
2. Twenty-five-foot landscape buffer required along property lines adjacent
to residential zoned property.
3. Unless otherwise specifically provided for on the approved plan, all
landscaping shall meet the requirements set forth in section 26-502.
h H. Parking: In accordance with Section 26-501, othenvise as established by the
outline development plan and as specifically detailed on an approved final
development plan. Based upon specific uses. (See section 26 501.)
},- I. Fences and walls. In accordance with Section 26-603, othenvise as established
by the outline development plan and as specifically detailed on an approved final
development plan. ,^.s specifically detailed on aB apprm'ed final development plan,
otherwise f-ollow reql:lirements of seetion 26 603.
G; J. Slgnage' In accordance with article VII., othenvise as established by the
outline development plan and as specifically detailed on an approved final
development plan. :\s specifically detailed Of! approved final de'ielopment plan,
otherviise follow reql:llfemeRts of article VII.
Sec. 26-306.5. Planned Mixed Use District.
A. Applicability. This zone district shall be used only in the mixed use areas shown
on the Streetscape Classification Map in the Streetscape and Architectural Design
Manual adopted January 11, 2002, as amended.
B Purpose. This district is established to provide a zoning classification to allow the
integratIOn of residential and commercial uses and development which is consistent with
the surroundmg neighborhoods and which meets the intent of the comprehensive plan and
the Streetscape and Architectural Design Manual. It is not intended to be used solely to
permit a hlgher density than allowed in the planned residential development (PRD)
district nor to circumvent other specific standards of the planned residential and planned
commercial dlstncts. Instead, it is intended to create a zone district which will allow
flexibility in use, design, and orientation while maximizing space, community interest
and protecting nearby and adjacent residential neighborhoods.
C Permitted uses. Permitted uses shall be a mixture of residential and commerclal
uses governed by approval of the outline development plan.
D. Area. No minimum.
E. Height. Maximum fifty (50) feet for freestanding commercial buildings only;
thirty-five (35) feet for structures containing commercial and residential uses; thirty-five
(35) feet for freestandmg residential structures.
8
F. Lot coverage. No IDalCimum.
G F. Density. Maximum of sixteen (16) units per acre. Land used for commercial uses,
includmg excluding parking, may not be used to calculate the maximum of sixteen (16)
units per acre. If the commercial and residential uses are mixed in the same building, the
land attributable to the commercial use shall be considered to be one-half (1/2) of the
buildmg footprint. If the commercial and residential uses are in separate buildings, the
land attributable to the commercial use shall be considered to be the entire commercial
building footprint.
H:- G. Landscaping: In accordance with Section 26-502, otherwise as established by
the outline development plan and as specifically detailed on an approved final
development plan. No minimum cO'/erage. Landscaping shall be consistent with section
26 502.
h H. Parking. In accordance with Section 26-501, otherwise as established by the
outline development plan and as specifically detailed on an approved final
development plan. Based upon specific use. Parking shall be consistent with section 25
Wh Allowances may be made for shared parking spaces if it can be demonstrated to the
satisfaction ofthe person or approval body designated as having final approval authority
that parking demand for different uses occurs at different times.
:h I. Fences and walls. In accordance with Section 26-603, otherwise as established
by the outline development plan and as specifically detailed on an approved final
development plan. ,A.S specifically detailed on the approved final development plan;
otherwise follow requirements of section 26 603.
~ J. Signage. In accordance with article VII., otherwise as established by the
outline development plan and as specifically detailed on an approved final
development plan. ,A.S specifically detailed on the approved final development plan;
othern'wo follow reqUirements of article VII.
Sec.26-307. Similar uses in planned developments.
A. DefinitIOn. A similar use is a use which would be similar in size, type of
operation, services proVided or equipment used, number of employees, and hours of
operation and which would.
Be compatible in character and impact with permitted uses in the planned
development,
2. Be consistent with the intent of the planned development,
9
3. Not be objectionable to nearby property by reason of odor, dust, fumes,
gas, nOise, radiation, heat, glare, vibration, traffic generation, parking
needs, outdoor storage or use, and
4 Not be hazardous to the health and safety of surrounding areas through
danger of fire or explosion.
B. Similar use determination process. Any use which IS not specifically listed as a
permitted use in a planned development district is allowed only under the following
procedure:
1. The community development director shall notify adjacent property
owners by letter notice and posting ofthe site for ten (l 0) days that a
simIlar use is requested for the property. The notice and posting shall
contain a description of the proposed similar use and a copy of Ordinance
1200, series 2000.
2. Ifno written objection to the proposed similar use is received and the
planning and development director finds that the proposed similar use
meets the definition of similar use contained in section (a) above, the
community development director is authorized to approve the similar use.
3. If a written objection is received or if the community development director
finds that the definition of similar use does not apply, the community
development director shall forward the determination request to the beaffi
of adjustment planning commission at a public hearing. Notice of said
hearing shall be as provided in section 26-109.
C Recordation. If approved, the similar use shall be recorded as an affidavit of
amendment to the outline development plan. OR the fiRal de'/elopment plan in the same
marJler as the original final development plan was recorded.
Sec. 26-308. Application for planned developments.
All applications for approval of a planned development, redevelopment, alteration or
addItion shall be filed with the community development department prior to issuance of a
building permit. In some instances, platting is required and the plat can be processed
concurrently with the planned development request. Article IV of this chapter should be
consulted for subdivision requirements and procedures.
A. Development plans. There are two (2) distinct steps in establishing a planned
development: an outline development plan and a final development plan. The outline
development plan may be submitted for consideration by itself or it may be combined
with a final development plan. When the outline development plan is combined with final
10
plans, two (2) separate drawings are required. All informational requirements of the
respective plans shall be met.
B Subdivision/platting. Subdivision or plat review may be carried out
simultaneously with the review of development plans. All requirements of the
subdivision regulations for a prelimiRary ami final plat, if applicable, must be satisfied if
there are any parcel divisions created, or if there are any dedications for streets,
easements or other public purposes, or if a previously approved subdivision is amended
in any way by the proposed development. In cases where subdivision is to occur
simultaneous with development plan review, the applicant shall submit separate sheet(s)
in addition to the subject development plan.
C Outline development plan. An applicant shall submit an outline development plan
for approval of a change of zone to a Planned Development District. The outline
development plan is the zoning and general concept step. It provides generalized graphic
and written information on layout, uses and intended character of the development.
I. Submittal requirements.
a. Appropriate fee.
b. EyideRee that the required Reighborhood referral meeting has
oeel:lrred Neighborhood meeting notice (see section 26-109).
c. Complete and notarized application.
d. Proof of ownership, such as copies of deeds or title commitment.
e Power of attorney from owner(s) where an agent acts on behalf of
the owner(s).
f. Names and addresses of all adjacent property owners, indudmg
property across abatting streets.
g. f. Names, addresses, telephone numbers of architects, surveyors, and
engineers associated with the preparation of the plans.
h. g. Additional information may be required, including, but not limited
to, drainage study and plan, grading plan, geological stability
report, traffic impact report, floodplain impact report, or general
environmental impact report.
2. Form and content of the outline development plan. The maps which are a
part of the outline development plan shall be made at a scale of not less
than one (l) inch equals one hundred (100) feet. The size of the sheet shall
be twenty-four (24) inches by thirty-six (36) inches. The drawings may be
11
in general schematic form and shall contain the following minimum
information:
a. Ownership/unified control statement. A list of all existing owners
of real property included within the proposed Planned
Development District, and a written statement which describes
anticipated future ownership character (i.e. single ownership,
partnership, condominium, etc.), and which indicates proposed
manner of maintaining unified control throughout the planning,
development, use, operation and continued maintenance of the
planned development.
b. Character of development. A written description of the general
character of the development and of the objectives to be achieved
by the particular development concept being proposed. This
statement shall include, but not be limited to, the manner in which
the proposed development meets or exceeds the intent of the
Planned Development District as stipulated in section 26-30IC, the
proposed architectural and site design concepts, building materials
(type, textures and colors); specific concepts by which the
proposed development wtll make an orderly transition from
existing adjacent development, and specific concepts for the use
and landscaping of all public and private open spaces. It is the
intent of this requirement that the applicant provide a clear, concise
statement for the reviewing authorities to better understand the
proposed development concept and upon which their deCision
regardmg the proposal can be based.
c. The existing topographic character of the land at a contour interval
of two (2) feet if the slope is less than ten (10) percent and five (5)
feet if the slope is greater than ten (10) percent.
d. General indication of areas to be landscaped.
e. Property boundaries as per accompanying legal description.
f. Existing and proposed lot lines, easements and rights-of-way on
and adjacent to the site.
g. Adjacent zoning, land use, streets, streams, etc.
h. Location of all existing streets, alleys, easements, drainage areas,
irrigation ditches and laterals withm and adjacent to the site.
1. Location of all proposed streets, alleys, easements, drainage areas,
parks, and other areas to be reserved or dedicated to public use.
12
J. Approximate location and extent of major use areas.
k. Any significant vegetation or land use features within or adjacent
to the site which may influence development.
I. When located within a regulated 100-year floodplain, designation
of areas subject to a 100-year flood shall be provided. Both the
floodway and flood fringe areas shall be shown. Development
within IOO-year floodplams, including fill or excavation, is
regulated by article VIII.
m. Scale (no less than one (I) inch equals one hundred (l00) feet) and
north arrow
n. Small-scale location map as an inset which shows the subject
property centered within a quarter-mile radius.
o. Proposed name of the planned development.
P A general indication of the expected utilizatIOn of the land and a
list of uses to be permitted in the development.
q. Legal description (metes and bounds) of total Site, including area.
r. Project data for the entire site and mcluding, by phase, buildmg
area and percent, paved area and percent, landscape area and
percent, number of lots, typical minimum lot sizes and
dimenSIOns, net density, gross density, etc.
s. Development time schedule by phase.
t. Required certifications.
3. The outlme development plan shall be recorded with the Jefferson County
Clerk and Recorder and, therefore, must meet their requirements for
recordation.
4. The following certifications, in addition to the required surveyor's
certificate, shall also be placed upon the outline development plan:
OWNER'S CERTIFICATION
The below-signed owner(s), or legally designated agent(s) thereof, do hereby agree that
the property legally described hereon will be developed as a planned development m
accordance With the uses, restrictions and conditions contained in this plan, and as may
13
otherwise be required by law. I (we) further recognize that the approval of rezoning to
Planned Development, and approval of this outline development plan, does not create a
vested property right. Vested property rights may only arise and accrue pursuant to the
provisions of section 26-121 of the Wheat Ridge Code of Laws.
Signature ofOwner(s) or Agent(s)
NOTARY PUBLIC
Subscribed and sworn to before me this
day of
Witness my hand and official seal
My commission expIres
NOTARY SEAL
PLANNING COMMISSION CERTIFICATION
Recommended for approval i'.pproved this
by the Wheat Ridge Planning Commission.
day of
Chairperson Chairman
COMMUNITY DEVELOPMENT DIRECTOR
CITY COUNCIL CERTIFICATION
Approved this
Council.
day of
, by the Wheat Ridge City
ATTEST.
City Clerk
Mayor
14
CITY SEAL
COUNTY CLERK AND RECORDER'S CERTIFICATE
This document accepted for filing in the office of the County Clerk and Recorder of
Jefferson County at Golden, Colorado, on the day of ,
AD, in Book , Page , Reception No.
JEFFERSON COUNTY CLERK AND RECORDER
By:
Deputy
5 Review procedures:
a. Staff review: Upon filing of an application and other required
documents, community development staff will refer copies of the
plans to affected departments and agencies for review. All
comments shall be forwarded to the applicant so that necessary
revisions may be made by the apphcant prior to scheduling the
application before planning commission.
b Planning commission hearing. The planning commission shall hold
a public hearing pursuant to the public notice requirements of
section 26-109. The planning commission shall recommend
approval, approval with modifications or denial of the outline
development plan, stating the reasons for its recommendation. The
recommendation shall be forwarded to city council.
c City council heanng. The city council shall hold a public hearing
pursuant to public notice as required by section 26-109. The City
council shall approve, approve with modifications or deny the
application.
6 Recordation. All approved outline development plans shall be recorded
with the Jefferson County Clerk and Recorder Such plans, and associated
recording fees shall be submitted to the community development
department within thirty (30) sixty (60) days of council's final action.
Should a recordable approved outline development plan not be provided to
staff within thirty (30) sixty (60) days of council's final action, staff shall
schedule a public hearing before city council and city council shall
reconsider its approval. A one-time, thirty-day extension for mylar
submittal may be requested from the Community Development
Director. The request must be submitted in writing prior to
15
expiration of the 60-day time limit showing evidence of good cause for
not meeting the deadline.
D Final development plan. The final development plan provides the final
engineering and site design details for final approval of one (1) or more phases of a
proposed development.
1 Submittal requirements:
a. Complete and notarized application.
b Proof of ownership, such as copies of deeds or title commitment.
c. Power of attorney from owner( s) where an agent acts on behalf of
the owner(s).
d. Names and addresses of all adjacent property owners, including
property across abutting streets.
~ d. Names, addresses and telephone numbers of architects and
engineers associated with preparation ofthe plans and plat.
~ e. Copies of proposed agreements, provisions, covenants,
condominium declaratiOns, etc., which govern the use,
maintenance and continued protection of the planned development
and any of its common areas and facilities, and which will
guarantee unified control.
~ f. Additional information may be required, including, but not limited
to, geological stability report, traffic impact report, civil
engineering plans, floodplain impact report or general
environmental impact report.
2. Form and content ofthe final development plan. The final development
plan shall be consistent with the approved prelim.inary outline
development plan. The final development plan shall be drawn at a scale
of no less than one (1) inch to one hundred (100) feet and contain the
following:
a. Legal description of the entire planned development, and if the
final development plan is for only a portion of the site, a legal
description of that portion of the site included within the final
development plan.
16
b. Location, extent, type and surfacing materials or all proposed
walks, malls, paved areas, turfing and other areas not be covered
by buildings or structures.
c. Location, size, type, height and orientation of all Signs. Signs not
spc01ficaUy approyed as part of a final development plan shall not
be permitted.
d. A landscape plan which provides location, type, size and quantities
of all existing (to remain) and proposed plant material and other
landscape features and materials. Common and botanical names of
all plant materials shall be indicated. Location and type of
lITigation system shall be indicated. i\lllandscaping shall meet the
reql:lirements of this section as 'Nell as seetioB 26 502.
e. Location, extent, types of materials and height of all walls and
fences.
f. Exterior lighting devices; type, height, location and orientation.
g. Location, extent, maximum height, number of floors and total floor
area of all buildings and structures.
h. Total number of dwelling units. and typical floor plans for
residential projects.
1. Elevations and perspective drawings of all proposed structures and
improvements, indicating architectural style and building
materials. The drawings need not be the result of final architectural
design but of sufficient detail to permit evaluation of the proposed
structures.
J. Off-street parking and loading plan which indicates the size,
location and number of parking and loading spaces and which
shows the proposed Circulation of vehicles and pedestrians within
the planned development and to and from existing or proposed
public thoroughfares. Any special engineering features and traffic
regulation devices needed to facilitate and ensure the safety of this
circulation pattern, including fire lanes, must be shown.
k. Indication of all proposed uses for all buildings, structures and
open areas. Outside storage and display areas must be indicated if
proposed. Description of any proposed temporary or interim uses
of land or existing buildings prior to development in accordance
with the approved final development plan,
17
I. A development schedule indicating the approximate date on which
construction of the project can be expected to begin and
approximate dates when construction will be completed. If a
multi phased project, indicate times for each phase.
m. The final development plan (and plat) shall be recorded with the
Jefferson County Clerk and Recorder and, therefore, must meet
their requirements for recordation.
3. The following certifications, and approvals, in addition to the required
surveyor's certificate, shall also be placed upon the final development plan
(and plat):
OWNER'S CERTIFICATION
The below-signed owner(s), or legally designated agent(s) thereof, do hereby agree that
the property legally described hereon will be developed as a planned development in
accordance with the uses, restnctions and conditions contained in this plan, and as may
otherwise be required by law. I (we) further recognize that the approval of final
development plan (and plat) does not create a vested property right. Vested property
rights may only arise and accrue pursuant to the provisions of section 26-121 of article I
of the Wheat Ridge Code of Laws.
Signature ofOwner(s) or Agent(s)
NOTARY PUBLIC
Subscribed and sworn to before me this
day of
Witness my hand and official seal.
My commiSSiOn expires
NOTARY SEAL
PLANNING COMMISSION CERTIFICATION
Recommended for approval Appro'led this
by the Wheat Ridge Planning Commission.
day of
Chairperson Chairman
18
COMMUNITY DEVELOPMENT DIRECTOR
CITY COUNCIL CERTIFICATION
Approved this
Council.
day of
, by the Wheat Ridge City
ATTEST:
City Clerk
Mayor
CITY SEAL
COUNTY CLERK AND RECORDER'S CERTIFICATE
ThiS document accepted for filing in the office of the County Clerk and Recorder of
Jefferson County at Golden, Colorado, on the day of
AD, in Book , Page , Reception No.
JEFFERSON COUNTY CLERK AND RECORDER
By.
Deputy
4. ReView procedures:
a. Staff review. Upon filing of an application and other required
documents, the community development staff will refer copies of
the plans to affected departments and agencies for reView. All
comments shall be forwarded to the applicant so that necessary
revisions may be made by the applicant prior to scheduling the
application before the planning commission.
b. Planning commission hearmg. Planning commission shall hold a
public hearing pursuant to the requirements of section 26-109. The
planning commission shall recommend to city council approval,
19
approval with modifications, or denial stating the reasons for
action.
c. City council hearing. Upon receipt of the plannmg commissiOn's
recommendation, city council shall hold a public hearing pursuant
to the requirements of section 26-109. City council shall approve,
approve with modifications or deny the application.
d. Recordation. All approved final development plans shall be
recorded with the Jefferson County Clerk and Recorder. Such
plans, and associated recording fees, shall be submitted to the
community development staffwithm thirty (30) sixty (60) days of
counCil's final action. Should a recordable approved final
development not be provided to the staff within thirty (30) sixty
(60) days of council's final action, the staff shall schedule a public
heanng before city council and city council shall reconsider its
previous approval. A one-time, thirty-day extension for mylar
submittal may be requested from the Community Development
Director. The request must be submitted in writing prior to
expiration of the 60-day time limit showing good cause for not
meeting the 60-day deadline.
5. Expiration of final development plan approvals; reapplications.
a. Construction shall commence in accordance with the
development schedule specified on the recorded final
development plan.
b. Extension of the development schedule specified on a recorded
final development plan shall require amendment to the final
development plan.
c. A new application for substantially the same development
application may not be refiled for one (1) year after denial.
Sec. 26-309. Interpretation Application of standards.
A. Detailed specifications and standards which should have been set forth on an
approved outline and final development plan, but which were found subsequent to
approval to have been omitted, may be interpreted by the community development
director to be those specifications and standards set forth in the zonc district in which thc
approved uses contained within the final development plan would be permitted.
20
B. The supplementary regulations of article VI apply to uses and activitles within
planned development distncts, unless otherwise provided in the approved final
development plan.
C If the outline and final development plan does not address a particular
development standard, the standard of the zone district which most closely matches the
planned development as determmed by the community development dIrector shall be
used.
D The owner of any property who or which feels aggrieved by such determinatlon
may appeal the determination pursuant to the provisiOns of section 26-115.
E. If the development standards specified on a recorded outline development
plan do not meet the current standard, a final development plan can be approved
consistent with those standards on the recorded outline development plan.
F. To vary from the minimum development standards established on a recorded
outline development plan, an amended outline development plan is required.
G. To vary from the standards set forth on a recorded final development plan,
an amended final development plan is required.
Sec. 26-310. Binding upon successors and assigns.
All approved development plans shall be binding upon the owner(s), their successors and
assigns, and shall limit the development to all conditions and limitations established in
such plans, and as may be contained in separately recorded agreements, covenants,
condominium declarations, etc., which were approved by city council as part of a planned
development approval.
Sec. 26-311. Amendments to development plans.
A. The procedures and requirements for amending an approved development plan
(prehminary outline or final) shall be the same as prescribed for original approval, except
as provided for under subsection W (B) below. All applications for amendment to an
outline development plan must be approved in writing by all owners of real property
contained withm the area originally approved by the outline development plan, unless
speCific alternative provisions have been approved by city council as part of the unified
control agreement. All applications for amendment to a final development plan must
be approved in writing by all owners of real property and owners of interest
contained within the parcel or phase of the planned development where the
amendment is being requested. If the amendment affects the provisions for access,
drainage, utilities and/or circulation, affected property owners must consent to the
application for amendment in writing.
21
B Based upon showing of necessity therefore, minor changes in the locations of
structures and their accessory uses, fences, parking areas, landscaping and other site
improvements may be permitted as an "admmistrative amendment" by the community
development dIrector, if such changes will not cause any of the following Clfcumstances
to occur:
1. Change in the character of the development.
2. Increase m the mtensity (or density) of use.
3. Increase of the problems of circulation, safety and utilities.
4. Increase of the external effects on the adjacent properties.
5. Increase in maximum building height.
6. Reduction in the originally approved setbacks from perimeter property
lines.
7. Reduction in landseape area of total site, Reduction of a development
standard on the approved final development plan provided the
reduction does not decrease the development standard to an amount
less than the requirement on the approved outline development plan.
8. or relocation Relocation of landscape areas which are required as buffer
yards or establish project character.
9. Increase in the gross floor area of structures of over 10% beyond the
authorized maximum allowed with the approved planned development,
but not to exceed an increase of 10,000 square feet.
10. Change ofthe land area devoted to any approved use by more than
10%.
C. Any changes or revisions of a final development plan which are approved, either
administratively or by city council action, must be recorded with the Jefferson County
Recorder as amendments to the original recorded development plan subject to the
deadline provisions of Section 26-308.D.4.d.
Sec.26-312. Interim use.
Subsequent to rezonmg to a Planned Development District and approval of a final
development plan, but prior to development and use of a parcel in accordance with the
approved plan, the property may continue to be used for any lawful purpose for which it
22
was used at the time of prelim.inary outline development plan approval; provided,
however, that no new permanent structures or additions to existing structures Will be
permitted.
Section 2. Safetv Clause. The City of Wheat Ridge 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 pubhc
convenience and welfare. The City Council further determines that the ordinance bears a rations
relation to the proper legislative object sought to be attained.
Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning
code or the application thereof to any person or circumstances shall for any reason be adjusted by
a court of competent jurisdiction invalid, such judgment shall not affect application to other
persons or circumstances.
Section 4. Supersession Clause. If any provision, requirements or standard
established by this Ordinance is found to conflict with similar proviSiOns, requirements or
standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in
existence as of the date of adoption of thiS Ordinance, the proviSiOns, requirements and standards
here shall supersede and prevail.
Section 5. Effective Date. This ordinance shall take effect 15 days after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to
o m this 22nd day of March ,2004, ordered published in full in a newspaper
of general circulation m the City of Wheat Ridge and Public Hearing and consideration on final
passage set for April 12 ,2004, 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 , 2004.
SIGNED by the Mayor on this
day of
,2004.
GRETCHEN CERVENY, MAYOR
ATTEST
Pamela Y. Anderson, City Clerk
23
1 ST pubhcation. March 25, 2004
2nd publication:
Wheat Ridge Transcript
Effective Date.
APPROVED AS TO FORM BY CITY ATTORNEY
GERAL DAHL, CITY ATTORNEY
----
24
ITEM NO: 3 f
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
Apn112,2004
TITLE:
COUNCIL BILL NO. 06-2004: AN ORDINANCE AMENDING
CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS
PERTAINING TO EXPIRATION OF DEVELOPMENT PLANS
(CASE NO. ZOA-03-17)
r8J PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date. March 22,2004)
r8J ORDINANCES FOR 2ND READING
QuasI-Judicial:
D
Yes
r8J
No
~1ttL
c,ty~~1
Commumty Development Director
EXECUTIVE SUMMARY:
Section 26-107 of Chapter 26 is mtended to address the eXpiratiOn for different types of
development approvals. However, some of the land development approvals have different terms
of eXpiratiOn which is codified elsewhere m the code oflaws. For example, a vanance approval
becomes null and VOid If a bUlldmg permit is not issued Within 180 days. While the term of
expiration for vanances is specified m Section 26-115 (Vanance/waivers/ temporary
permits/interpretatiOns), it is not mcluded m SectiOn 26-107 Other expiratiOn periods addressed
mclude the revised special use procedures adopted by City Councd m 2003 and the expiration for
budding permits after construction has commenced.
Both prehmmary and final development plan approvals are speCified to expire Within one year.
Staff is recommendmg this expiration date be removed for both types of approval.
The eXistmg language was adopted when Chapter 26 was repealed and reenacted in February 2001.
Plannmg CommissiOn reviewed thIS case at public hearmgs held on December 4, 2003, and February
5, 2004 A recommendation of approval was given.
BOARD/COMMISSION RECOMMENDATION:
Plannmg Commission reviewed this request at a pubhc heanng held on December 4,2003. The
item was contmued until February 5, 2004, when a recommendatiOn of approval was made for the
followmg reasons.
The proposed language distmgUishes between different types of development plan
approvals.
2. The proposed language recognizes the planned development outlme development
plan as the zoning document which should remain m effect m perpetuity.
3 The proposed language reflects changes to the special use permit procedures.
4 The proposed language allows staff flexibility in dealing with final development
plans.
There were no conditiOns attached to the approval recommendation.
STATEMENT OF THE ISSUES:
The most slgmficant changes proposed by staff are the eXpiratiOn periods for planned development
prel1mmary development plan (now called outlme development plan) and final development plan
approvals. Both outlme and final development plans are recorded with the Jefferson County Clerk
and Recorders office, but the eXisting proVision in section 26-107 proVides a one-year expiratiOn
penod for both documents. The outlme development plan is the rezonmg step Staffbeheves that
It is unreahshc for thiS zoning approval to expire. We are recommending that thiS proviSiOn be
removed so that outlme development plans remam in effect in perpetUity
Staff is also recommendmg that there be no speCific eXpiration dates for final development plans.
All final development plans are reqUired to have a construchon schedule which speCifies
approXimate dates for project commencement and completlon. If a buildmg permit IS submitted
for an approved development plan after the construction schedule has expired, staff can reqUire
amendment to the plan to extend the schedule through a pubhc heanng process.
ALTERNATIVES CONSIDERED:
Staff's original recommendation to Planning Commission mcluded a three-year expiratlon for
planned development final development plan approvals. After conSiderable diSCUSSiOn, we
concluded that it is impossible to write a regulation that is "one size fits all". Removal of a
speCific, codified penod for expiration wlll allow staff more flexibihty to deal with expired final
development plans. The expiration for final development plans will be tied to the constructiOn
schedule speCified on the fdp.
FINANCIAL IMPACT:
None.
2
RECOMMENDED MOTION:
"I move to approve Council Bill. No 06-2004, Case No. ZOA-03-17, an ordmance amendmg
Chapter 26 of the Wheat Ridge Code of Laws pertammg to expiration of development plans, on
second readmg, and that it take effect 15 days after final pubhcation."
Or,
"1 move to table mdefimtely Council Bill No. 06-2004, Case No ZOA-03-17, an ordinance
amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to expiration of development
plans, on second readmg with the following findings.
2"
Report Prepared by" Meredith Reckert, 303-235-2848
Reviewed by: Alan White
Attachments.
1 February 5,2004, Plannmg CommissiOn report
2. Council Bill No 06-2004
zoa03I 7CouncilAct 1 streading
3
City of Wheat Ridge
Planning and Development Department
MelllOrandulll
FROM:
Planmng Commission
\~redlth Reckert
TO:
SUBJECT:
Case No ZOA- 03-17/ExpiratiOn of Development Plans
DATE:
January 29, 2004
ThIs Case is
_ QuasI-judicial
X Legislative
Proper notice was gIven for this pubhc heanng.
Background
Attached is an ordinance amending Section 26-107 of the Zonmg and Development Code
relatmg to the expiratIon of development approvals and reapplications.
On December 4,2003, Staff dIscussed thIS proposed amendment with Planning CommissIOn
Attached IS staff's origmal memo and recommended language proVIded to the CommIssion
Attached also are the mmutes from the December meetmg. Please note that m reviewing the
mInutes. there was intermmgled dIscussiOn regardmg both the expIratIOn of plan approvals and
the Issue of old development plans inconSIstent with today's development standards. The second
Issue wIll be dIscussed at a future public hearing dealing speCIfically with the planned
development dIstrict regulations.
Changes proposed for the CommissiOn's conSIderation are shown in bold. Deletions are shown
in strikethrough.
This case was continued to February 5, 2004
Summary of Ordinance Changes
The current regulatIOns have been amended as follows.
1 The expiration term of one year for a prelimmary development plan (now called outlme
development plan) approval has been removed. These documents will remain m effect m
1
ATTACHMENT 1
perpetUity
2 The expiration term of one year for a final development plan approval has been removed.
These documents will also remain in effect III perpetUity See dIscussion under "Staff
comments"
3 The expiration period for variances as speCified in SectIon 26-115 4 has been lllcluded.
4 The terms for expiration of special use approvals have been modified to be consistent
with the changes to the special use procedures approved by City CouncIl m 2003
5 The sectIOn addressing bUilding permits has been expanded to address cessatIOn of
construction activity
Staff Comments
The outhne development stage IS the rezoning approval As with any zomng, it remains m effect
untIl such tIme as the landowner requests a change or the City imtJates a CItywide rezonmg.
OutlIne development plans should not have an expiration timeframe
Staff's ongmallanguage to Planning Commission lllcluded a three-year expiration for planned
development final development plan approvals After considerable dIscussion at the staff level,
we concluded that it is impossible to wnte a regulation that is "one size fits all" We think that
mstead of establIshmg yet another process, it is easIer to deal with expIred development plans on
a case-by-case baSIS.
Remember too, that all final development plans are reqUired to have a constructIOn schedule
which speCIfies approximate dates for project commencement and completion If a building
permit IS submitted for an approved development plan after the constructIOn schedule has
expired, staff can require amendment to the plan to extend the schedule.
Recommended Motion
"I move that Case No ZOA-03-17, a proposed amendment to Chapter 26 of the Zoning and
Development Code regardmg the expIratIOn of development plans, be forwarded to City CounCil
with a recommendation of APPROVAL for the following reasons.
The proposed language dlstlllguishes between dIfferent types of development plan
approvals
2. The proposed language recognizes the planned development outlme development
plan as the zoning document which should remain in effect in perpetuity
3 The proposed language reflects changes to the special use pennit procedures.
4 The proposed language allows staff fleXIbility III dealing with final development
plans."
ExhIbits:
2
1 Origmal memo to Plannmg CommissiOn With suggested language dated 11/28/03
2. Minutes of Plannmg CommissIOn meetmg dated 12/04/03
3 Proposed Ordinance
3
City of Wheat Ridge
Community Development Department
Memorandum
TO:
FROM:
SUBJECT:
DATE:
Plannmg CommISSIOn
Meredith Reckert
Case No. ZOA -03-17 /expiration of development plan approvals
November 28, 2003
Attached IS proposed legislation amendmg SectIon 26-107 of the zoning and development code
relating to the expiratIOn of development approvals. As always, new language is shown in bold
typeface and deletions are shown with strike throughs.
Many of the land development approvals have dIfferent terms of expiratIOn. For example, a variance
approval becomes null and vOId if a building permIt is not issued within 180 days. While the term of
expiratIOn for vanances is specified In Section 26-115 (Vanance/waivers/temporary
permltslinterpretatiOns), It is not mcluded in Section 26-107. Section 3 of the proposed legislatIon
has been expanded to address the revised special use procedures adopted by City Council earlier thIs
year The term of expIratIon for building permits after constructIOn has commenced has been
Included In Section 4.
The most sigmficant changes address the eXpIratiOn of planned development prehmmary
development plan (now called outline development plan) and final development plan approvals.
Both outline and final development plans are recorded with the Jefferson County Clerk and
Recorders Office, but the eXisting proVISIOn m section 26-107 provides a one-year expiratiOn period
for both documents. The outline development plan is the rezoning step Staff beheves that IS
unreahstic for thIS zoning approval to expire. We are recommending that this proVIsion be removed
so that outlIne development plans remaIn in effect in perpetuity
Staff has recommended that approved final development plans expire within three years of approval
If no budding permit activity commences. The City has numerous final development plans that were
approved over 20 years ago but never constructed. These old final development plans are typically
substandard to today's development standards for lighting, landscapIng and signage. In many
mstances none of these development standards are addressed at all The burden then falls back on
staff to determme how or whether today's standards should be applied. Many tImes the
CIrcumstances surrounding the origmal fdp approval have changed. It would therefore make sense to
have outdated final plan approvals expire.
However, many times once a final development plan public heanng process is completed, the market
for the approved development has changed and financing is not aVailable. Is It reasonable to require
that a developer reapply to get the original final development approved agam? Should this approval
be through a public heanng process or should it be an administratIve approval?
Finally, should final development expirations be retroactive to old projects or should It apply to new
approvals only?
EXHIBIT 1
I
Staff acknowledges that there should more dlscussion and conslderation on the proposed changes to
final development plan eXpIratiOns. For these reasons we are recommending discussion be
contInued until the first available pubhc heanng date in January
RECOMMENDED MOTION: "I move that Case No. ZOA-03-l7, a proposed amendment to
Chapter 26 of the Zoning and Development Code regarding the expiration of development plan
approvals, be contInued until January 15, 2004 "
2
CASE NO. ZOA-03-17/expiration of development approval
Section 26-107. Expiration of development approval; reapplications.
A. Any prehmmary or final approval of a site development plan shall expIre and
become null and void if:
(1). For prehminary approvals, an apphcation for fiflal approval is not filed WIthin
one (1) year of such approval, or
R1 (1) For planned development district final development plan approvals, a
buildmg permit is not issued for the work authorized Within one (1) ycar three (3)
years from the date of final development plan approval. or if the 'Nork is ceased
for a period of one hundred tv.'cnty (120) days or more at any timc after work is
commenced.
(2) For variances, a building permit is not issued within 180 days from the
date it was granted. See section 26-115.4.
(3) For administrative special use site development approvals, the
Community Development Director shall decide whether the zoning and/or
permitted use of the property shall revert to that in place prior to the expired
approval. For rezoning, planned development and special use final site
development approvals, For special uses approved through a public hearing
process, a public hearing before the city council in thc manner rcquired fDr final
rcview shall be held to confirn1 whether the zoning and lor permltted use of the
property shall revert to that m place prior to the expired approval If an
approved special use ceases operation for any reason for a period of one (1)
year, the special use permit shall be deemed expired, unless otherwise
provided in the permit itself.
(4) Any issued buildmg permit shall expire if the work authorized is not
commenced withm sixty (60) days from the date of issuance, or if the work is
ceased for a period of one hundred twenty (120) days or more at any time
after work is commenced.
B. After site development approval has expired, no work shall be commenced
untIl the developer has received new approval pursuant to the procedures set forth
in thiS chapter
C. A new applIcation for substantially the same development process may not be
refiled for one (1) year after denial.
B. Case No. ZOA-03-17: An ordinance amending Section 26-107 of the Wheat Ridge
Code of Laws concerning expiration of development approvals.
Meredith Reckert presented this matter. She reviewed the staff report and noted that staff
recommended removal of time limits on outline development plans so they remain III
perpetUity. However, staff acknowledges there should be more discussion and consideration on
the proposed changes to the final development plan expiratIOns and recommended contmuatlOn
of that discussion to a later time.
Alan White explamed that there are final development plans that are 30 years old where the
outlme plan sets the standard for landscaping at 8% to 10%. The current requirement for
landscaping IS 20%.
Commissioner McNAMEE asked how many old planned developments eXist that have never
been developed. Alan White explamed that most situations deal with the last one or two
bUlldmgs within an old planned development. He estimated there are probably two dozen of
these situatiOns.
Commissioner PLUMMER suggested a requirement that, If not developed within a certam
number of years, the plan must be reviewed which would involve new applicatIOn fees.
Commissioner STITES suggested a reqUirement that the applicatIOn must be brought up to
current code reqUirements after a certain time hmit has passed.
CommiSSIOner McMILLIN asked about an apphcant's vested rights with pnor development
approval. Alan White explamed that the statutory limit for vested nghts IS three years.
However, a developer could come III and request a vested rights agreement but such agreement
would have to be reviewed and approved by City CounCIl.
CommISSIoner PLUMMER expressed concern that large proJects sometimes take longer than
three years to prepare for construction and dramage, roadway and other conditIOns could
change during that time. Alan White eXplained that notices of any such changes III Planned
Developments are given to the owners or developers of surrounding properties.
CommiSSiOner McMILLIN suggested a prOVISIOn to shift amenities such as landscapmg
accordmg to changes that have taken place since the mltlal approval.
CommiSSIOner McNAMEE asked if there were time restrictions for a developer to beglll or
complete his project. Alan White stated that there is the one-year restriction to begin buIlding.
He noted that a proVision in the code adopted two years ago stated that buildmg needed to
begin withm one year of adopting the code or their approval would expire. No notice to owners
was given of this requirement. No one responded to this action.
Commissioner McMILLIN suggested a survey of other municipalities regardmg their
regulations. Meredith Reckert stated that she checked With other municipalities and found that
most have a three-year limitation on final development plans She didn't check to see what
Planning Commission
December 4. 2003
Page 3
EXHIBIT 2
procedures were m place when the time limitatIOn is up and indicated that she would contact
neighboring municipalities regardmg this matter
It was moved by Commissioner PLUMMER and seconded by Commissioner McMILLIN
that Case No. ZOA-03-17, an ordinance amending Section 26-107 of the Wheat Ridge
Code of Laws concerning expiration of development approval, be continued to February
5,2004. The motion passed unanimously.
8. OLD BUSINESS
.
Alan White reported that AutoNatlOn is m the ~rocess of installing a wetlands/detentIon
pond and storm sewer Improvements out to 381 A venue A buildmg permIt for theIr new
building is antiCIpated in the spring. They have indicated they want to be open by January,
2005.
In response to a questiOn from CommiSSIoner McNAMEE regardmg the temporary lot at
Lutheran Hospital, Meredith Reckert explained this will accommodate constructiOn and
employee parking that is being displaced by the new medical buildmg construction. ThIS IS
being processed as an administrative amendment and staff is attempting to stay cognizant of
neighborhood concerns. Alan White reported that there is a 5-year time hmit on the
temporary lot.
.
9. NEW BUSINESS
.
Alan WhIte reported that the December 18lh Planning CommISSiOn agenda will include RV
regulations.
Meredith Reckert reported that the interview process has begun to fill the planner
technICian vacancy.
.
10. COMMISSION REPORTS
There were no commission reports.
11. COMMITTEE AND DEPARTMENT REPORTS
There were no commIttee and department reports.
12. ADJOURNMENT
It was moved by Commissioner PLUMMER and seconded by Commissioner STITES to
adjourn the meeting at 7:55p.m. The motion passed unanimously.
f() (luO.!) 111 (' A.1-'KQ~
Marian McNamee, Chair
y:J
/
Planning Commission
December 4, 2003
Page 4
INTRODUCED BY COUNCIL MEMBER
Council Bill No. -2004
Ordinance No.
Series of 2004
TITLE: AN ORDINANCE AMENDING THE ZONING AND
DEVELOPMENT CODE PERTAINING TO THE EXPIRATION OF
DEVELOPMENT APPROVALS (CASE NO. ZOA-03-17)
WHEREAS, the eXIsting language does not differentiate between the permitted types of
site development approvals,
WHEREAS, the planned development outline development plan IS the document which
establishes zomng and should remain m effect in perpetuity,
WHEREAS, the special use permit procedures have been modified by City CouncIl
actIon,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1. The Zoning and Development Code is hereby amended by adoptIon of the
followmg:
Section 26-107. Expiration of development approval; reapplications.
A Any prclimlOar)' or final approval of a sIte development shall expIre and become
null and vOId If
(1) for prcbmlOar)' approvals, an application for final approval is not filed v,ithin
onc (1) ycar of such approval, or
~ For fiflal approvals, a Dmlding permit is flot issucd for thc work authorizcd
wttftffi one (1) year from the date offinal apprO'. al. or if the work is ceased for a
period of one hundred t'.venty (120) days or mom at any time after work is
commenced.
(1) For variances, a building permit is not issued within 180 days from the
date it was granted. See section 26-115.4.
(2) If an approved special use ceases operation for any reason for a period of
one (1) year, the special use permit shall be deemed expired, unless otherwise
provided in the permit itself.
EXHIBIT 3
1
For administrative special use site development approvals, the Community
Development Director shall decide whether the zoning and/or permitted use
of the property shall revert to that in place prior to the expired approval.
For rezonmg, planned development and speclUl use final SItc development
approvals, For special uses approved through a public hearing process, a
public heanng before the city council m the manner reqUIred for final review shall
be held to confirm whether the zonIng and lor permitted use of the property shall
revert to that m place prior to the expired approval
(3) Any Issued building permit shall expire if the work authorized IS not
commenced wlthm sixty (60) days from the date of issuance, or if the work is
ceased for a period of one hundred twenty (120) days or more at any time
after work is commenced.
B. After site development approval has expired, no work shall be commenced until
the developer has received new approval pursuant to the procedures set forth in this
chapter.
C. A new application for substantially the same development process may not be
refiled for one (1) year after denial.
Section 2. Safety Clause. The City of Wheat Ridge hereby finds, determmes, and
declares that thIs ordmance 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
convemence and welfare. The City Council further determines that the ordinance bears a ratIOns
relation to the proper legIslatIve obJect sought to be attained.
Section 3. SeverabilIty. If any clause, sentence, paragraph, or part of thiS ZonIng
code or the applIcatIOn thereof to any person or circumstances shall for any reason be adjusted by
a court of competent junsdictIOn InvalId, such judgment shall not affect application to other
persons or cIrcumstances.
Section 4. SuperseSSIOn Clause. If any proviSIOn, requirements or standard
established by this ordInance IS found to conflict with Similar proVisions, requirements or
standards found elsewhere m the Code of Laws of the City of Wheat Ridge, which are m
eXistence as of the date of adoptiOn of this ordmance, the proVISiOns, requirements and standards
here shall supersede and preVail
Section 5. ThIS ordinance shall take effect upon adoption, as permitted by the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
In thIS day of , 2004, ordered publIshed m full in a newspaper
of general cIrCUlatiOn In the CIty of Wheat Ridge and Public Hearing and consideratiOn on final
passage set for ,2004, at 7:00 o'clock p.m., in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado
2
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of to , thiS day of , 2004
SIGNED by the Mayor on this
day of
,2004.
GRETCHEN CERVENY, MAYOR
ATTEST
Pamela Anderson, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERAL DAHL, CITY ATTORNEY
1 ST pubhcatlon
2nd pubhcatlOn
Wheat RIdge Transcript
EffectIve Date
3
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 06-2004
Ordinance No.
Series of 2004
Stites
TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT
RIDGE CODE OF LAWS PERTAINING TO THE EXPIRATION OF
DEVELOPMENT APPROVALS (CASE NO. ZOA-03-17)
WHEREAS, the existing language does not differentiate between the permitted types of
site development approvals,
WHEREAS, the planned development outline development plan is the document which
establishes zoning and should remain in effect in perpetuity,
WHEREAS, the special use permit procedures have been modified by City Council
action,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1. The Zoning and Development Code is hereby amended by adoptiOn of the
following:
Section 26-107. Expiration of development approval; reapplications.
A. Any prehminary or final approval of a site development shall expire and become
null and void if
(1). For preliminary apprevals, aR applicatloB for final approval is not filed withiFl
one (1 ) )'ear of such approval, or
Rj For final apprO'.'als, a b\iilEiiBg permit is Bot iss\ied f-or the work authorized
Withffi one (I) year from the date of final appro'lal. or if the work is oeased f-or a
period of OBe hnndred twemy (120) days or mere at any time after work is
commenced.
(1) For variances, a building permit is not issued within 180 days from the
date it was granted. See section 26-115.4.
(2) If an approved special use ceases operation for any reason for a period of
one (1) year, the special use permit shall be deemed expired, unless otherwise
provided in the permit itself.
1
ATTACHMENT 2
For administrative special use site development approvals, the Community
Development Director shall decide whether the zoning and/or permitted USe
of the property shall revert to that in place prior to the expired approval.
For rezoning, plar.ned development and special use final site de','elopment
approvals, For special uses approved through a public hearing process, a
pubhc hearing before the city council in the manner required for final review shall
be held to confirm whether the zoning atld lor permitted use ofthe property shall
revert to that in place prior to the expired approval.
(3) Any issued building permit shall expire if the work authorized is not
commenced within sixty (60) days from the date of issuance, or if the work is
ceased for a period of one hundred twenty (120) days or more at any time
after work is commenced.
B. After site development approval has expired, no work shall be commenced until
the developer has received new approval pursuant to the procedures set forth in this
chapter.
C. A new application for substantially the same development process may not be
refiled for one (1) year after denial.
Section 2. Safety Clause. The City of Wheat Ridge 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 pubhc
convenience and welfare. The City Council further determines that the ordinance bears a rations
relation to the proper legislative object sought to be attained.
Section 3. Severabilitv. If any clause, sentence, paragraph, or part of this Zoning
code or the application thereof to any person or circumstances shall for any reason be adjusted by
a court of competent jurisdiction invahd, such judgment shall not affect apphcation to other
persons or CIrcumstances.
Section 4. Supersession Clause. If any provision, requirements or standard
established by this ordinance is found to conflict with similar provisions, requirements or
standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are m
eXistence as of the date of adoption of this ordinance, the provisions, requirements and standards
here shall supersede and prevail.
Section 5. Effective Date. This ordinance shall take effect 15 days after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to
o in this 22nd day of March, 2004, ordered pubhshed in full in a newspaper
of general Circulation in the City of Wheat Ridge and Public Hearing and consideration on final
passage set for April 12 ,2004, at 7:00 o'clock p.m., in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado
2
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of to , this day of , 2004.
SIGNED by the Mayor on this
day of
,2004
GRETCHEN CERVENY, MAYOR
ATTEST:
Pamela Y. Anderson, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERAL DAHL, CITY ATTORNEY
1ST bl' .
PU icatlon: March 25,
2nd publication.
Wheat Ridge Transcript
Effective Date
2004
3
ITEM NO. ~
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE
April 12, 2004
TITLE:
COUNCIL BILL NO. 07-2004: AN ORDINANCE AMENDING
CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS
PERTAINING TO COMMERCIAL AND INDUSTRIAL LAND
USES (CASE NO. ZOA-04-01)
D PUBLIC HEARING
D BIDSIMOTIONS
D RESOLUTIONS
~ ORDINANCES FOR 1ST READING (Date. April 12, 2004)
D ORDINANCES FOR 2ND READING
Quasi-Judicial.
D
Yes
~
No
di~~
City~~
Community Development Director
EXECUTIVE SUMMARY:
Section 26-204 is the Commercial and Industnalland use table in the zoning and development
code. The table designates which uses are pernntted, which uses are speCial uses and which uses
are not allowed m the NC, RC, C-l, C-2 and I zone districts withm the city
The existmg language was adopted when Chapter 26 was repealed and reenacted m February 2001
The following is a SynOpSiS of the proposed modificatiOns.
1 Banks, loan and finance offices have been changed from permitted uses to special uses.
2 Newsstands were removed from the category of bookstores, newsstands, stationery and
card stores as they are listed separately as a permitted use.
3 NonreSidential counseling chmcs and offices were changed from permitted uses to special
uses.
4 Medical and dental chmcs and laboratories were changed from permitted uses to special
uses.
5 Pamt and wallpaper stores were removed as speCial uses in the NC zone distnct.
6 Tailonng, dressmakmg and clothmg alteration busmesses were changed from not permitted
to permitted uses. ThiS modificatiOn also amends this use claSSification m the RC zone
distnct from not permitted to permitted uses.
Plannmg Commission reviewed this case at public hearings held on November 6, 2003 and
February 19, 2004 A recommendation of approval was given.
BOARD/COMMISSION RECOMMENDATION:
Planning CommiSSion reviewed thiS request at a public heanng held on November 6,2003. At
that meetmg the Commission made specific recommendatiOns, which were incorporated mto the
land use table, as outlmed above. An additional public hearing was held regardmg this case on
February 19, 2004 where a recommendation of approval was made for the followmg reasons:
1 It alleViates redundancy relative to newsstands.
2. It modifies the classification of high traffic generatmg uses such as banks and
medical offices from permitted uses to special uses.
3. Less impactive uses such tallonng and dressmakmg have been added as permitted
uses.
There were no conditiOns attached to the approval recommendation.
STATEMENT OF THE ISSUES:
The mtent and purpose ofthe Neighborhood Commercial zone district is "to provide a reasonably
compatible transitiOn between residential and more intenSive commercial land uses. It provides
for resldential scale, neighborhood-oriented professional offices and services which, by their
nature and through deSign hmitations, will promote neighborhood stabihty and protect
neighborhood values and character".
As staff was prepanng the hst for the NC zone distnct, issues considered were appropnateness for
busmesses servmg a neighborhood and potential Impacts to nearly residences.
ALTERNATIVES CONSIDERED:
None.
FINANCIAL IMPACT:
None.
RECOMMENDED MOTION:
"I move to approve Council Bill. No. 07-2004, Case No. ZOA-04-01, an ordmance amending
Chapter 26 ofthe Wheat Ridge Code of Laws pertammg to commerCial and mdustnalland uses,
ordered published, pubhc hearing set for April 26, 2004, at 7.00 PM in the City Councll
Chambers, and that it take effect 15 days after final publication."
2
Or,
"I move to table indefinitely Council Bill No. 07-2004, Case No ZOA-04-01, an ordinance
amending Chapter 26 of the Wheat Ridge Code of Laws pertammg to commercial and mdustrial
land uses."
Report Prepared by: Meredith Reckert, 303-235-2848
Reviewed by. Alan White
Attachments:
1 February 19, 2004, Planning Commission report
2. Councll Bill No. 07-2004
CouncilActionfonn
3
City of Wheat Ridge
Planning and Development Department
Memorandum
TO: Plannmg Commission
~/
FROM: .J:Meredlth Reckert
SUBJECT: Case No ZOA-04-0l/Neighborhood Commercial Uses
DATE: February 12, 2004
This Case is.
Quasi-Judicial
X Legislative
Proper notice was given for this pubhc heanng.
Background
Attached are revIsions to the commercial and mdustnal use chart relative to the NC,
Neighborhood Commercial zone distnct.
On November 6,2003, Staff discussed proposed changes to the commercial use chart With
Plannmg CommissiOn m regard to NC uses. Attached are copies of mmutes from November 6,
2003 The proposed changes have been mcorporated mto the chart as recommended by Planmng
Commission.
Changes proposed for the Commission's consideratiOn are shown m bold. DeletiOns are shown
m strikethrough.
Summary of Ordinance Changes
The eXlstmg use chart has been amended as follows.
1. Banks, loan and finance offices have been changed from permitted uses to speCial uses.
2 Newsstands were removed from the category of bookstores, newsstands, statiOnery and
card stores as they are listed separately as a permitted use.
3 Nonresidential counseling chmcs and offices were changed from permitted uses to speCial
uses.
1
ATTACHMENT 1
4 MedIcal and dental chmcs and laboratones were changed from permitted uses to special
uses.
5 Paint and wallpaper stores xvere removed as specIal uses III the NC zone distnct.
6 Tailoring, dressmakmg and clothmg alteratIOn busmesses were changed from not
permitted to permItted uses. ThIs modificatIOn also amends this use classificatiOn m the
RC zone distnct from not permItted to permItted uses.
Staff Comments
The mtent and purpose of the NeIghborhood Commercial zone dlstnct is "to provIde a
reasonably compatible transItiOn between residential and more intenSIve commercIal land uses.
It provides for residential scale, neIghborhood-oriented professional offices and services which,
by theIr nature and through deSign limitatIOns, will promote neighborhood stability and protect
neighborhood values and character"
As staff was prepanng the list for the NC zone distnct, issues considered were appropnateness
for busmesses serving a neighborhood and potentlal impacts to nearly resIdences.
Recommended Motion
"I move that Case No lOA-04-01, a proposed amendment to Chapter 26 of the
Wheat RIdge Code of Laws regardmg the commercial and mdustrial zone distnct use schedule,
be forwarded to City CounCIl with a recommendatlon of APPROVAL for the following reasons:
1 It alleVIates a redundancy relative to newsstands.
2 It modifies the classificatIOn of hIgh traffic generatmg uses such as banks and
medical offices from permitted uses to speCial uses.
3 Less ImpactJVe uses such as tallonng and dressmakmg have been added as
permitted uses."
ExhibIts.
1 CommerCIal and Industnal zone district use schedule With amendments
2. Mmutes ofPlannmg ComnnssiOn meetmg dated 11/06/03
2
Sec. 26-204. Zone district use schedule.
Table of Uses--Commercial and Industrial Districts
Uses Noles NC RC C-1 C-2 I
Adult entertainment In accordance with P P P
establishments Wheat Ridge Code
of Laws, Chapter 3
Ambulance services P P P P
Amusement parks S P P
Animal veterinary With outside runs; P P
hospitals and clinics no cremation
Animal veterinary Where there are S P P P P
hospitals or clinics no outside pens or
runs for dogs; no
cremation
Antique stores In NC & RC S P P P P
Districts: Provided
that no more than
200 square feet of
building area shall
be allocated to
repair
Apparel and See Footnote 1 S P P P P
accessory stores
!Appliance stores and P P P
incidental service and
repair
!Art galleries or See Footnote 1 P P P P P
studios
Assembly halls and P P P
convention facilities
Auction houses S P P
Auto service, repair See ~ 26-631 P P P
and maintenance
shops, minor
Auto service, repair See ~ 26-631 S P P
and maintenance
shops, major
~utomobile and light- See ~ 26-628 S S S
duty truck sales and
rental
~utomotive parts and P P P
supplies sales
Bakeries, retail See Footnote 1 S P P P P
See ~ 26-633 R$ P P P P
Bed and breakfast Subject to P P P P P
homes requirements set
orth in ~ 26--608.
Bicycle stores See Footnote 1 S P P P P
Blueprinting, EXCLUDtNG. S P P P P
photostatic copying Large printing,
and other similar publishing and/or
reproduction services book binding
establishments
EXHIBIT 1
Uses Notes NC RC C-1 C-2 f
See Footnote 1
Boat, recreational See 9 26-628 S S S
vehicle and trailer
sales, rentals and
service
Body art S S S
establishments
See Footnote 1 S P P P p
~r<l
Building contractor's See 9 26-629 S P P
service shop and
storage yard
incidental to an
office/showroom
principal use.
Business machine or See Footnote 1 S P P P P
computer stores
Butcher shops and EXCLUDING. P P P
ood lockers Food processing
Cabinet and S
woodworldnQ shops
Camera and See Footnote 1 S P P P P
photographic service
and supply stores
Candy, nut and See Footnote 1 S P P P P
confectionery stores
Caretaker residence Only one (1) unit P P P P
or caretaker or
manager
Carpet cleaning and S
fumigating
Carting, express, S
hauling or storage
yard
Car wash, automatic S P P
Car wash, coin S P P
operated
Caterers P P P
Day care center, P P P
large
Day care center, P P P
small
" C-l, C-2& I RS p p p P
INCLUDE.
Residential
at facilities.
NC & RC
EXCLUDES.
Residential
acilities
ALL districts
INCLUDE.
Counseling and
treatment for
substance abuse
and alcoholism
2
Uses Notes NC RC C-1 C-2 I
Cold storage plant p p
Commercial machine S p P
shops
Community buildings e.g.. YMCA.s, P P P P P
YWCA's,
churches, libraries,
parl<.s, museums,
aquariums and art
galleries.
Construction and See 9 26-629 P P
heavy equipment
sales, service, rental
and storage
Contractor's plant or S
storaqe yard
Dairy products stores See Footnote 1 S P P P P
Day care center and p p p
preschools, large
Day care center and p p p
preschools, small
Department or variety p p p
stores
Drug stores p p p
Eating S S S S S
establishments, drive
through
Eating S p P P P
establishments, sit
down
Electric transmission S S S S S
and public utility
substations
Electrical motors and S
armature regrinding
shops
Electrical supplies EXCLUDING. p P P
and service Contractors
storage yards
Equipment rental Subject to S 26- P P P P
agencies 628; in RC District:
Outside storage
and display
prohibited
Exterminators p p p p
Farm equipment See S 26-628 P P
sales, service and
storage
Floral shops See Footnote 1 S P P P P
Furniture stores p p p
Garden supply stores See Footnote 1 S P P P P
Gift, novelty or See Footnote 1 S P P P P
souvenir stores
3
...
Uses Notes NC RC C-l C-2 f
Golf courses INCLUDES. P P P
Private clubs,
restaurants and
lounges, driving
ranges, and those
uses commonly
accepted as
accessory thereto
when located on
the same premises
Governmental and No outside storage P P P P P
quasi-govemmental
buildings and offices,
fire stations or public
utility buildings
Governmental and Outside Storage S S S P P
quasi-govemmental
buildings and offices,
fire stations or public
utility buildinQs
Greenhouses and See 926-624 S S P P P
landscape nurseries.
retail
Greenhouses and See 926-624 S P P
landscape nurseries,
rwholesale
Grocery or See Footnote 1 P P P P P
convenience stores,
no Qas pumps
Grocery stores which See Footnote 1 S S S P P
may include no more
than 1 gasoline
service island with no
more than 2
dispensing pumps
Hair, nail and P P P P P
cosmetic services
Hardware stores See Footnote 1 S P P P P
Hobby and craft See Footnote 1 S P P P P
stores
Home furnishing p P P
stores
Home improvements P P P
supply stores
Hotels or motels for There shall be S S S
transient occupancy 1,000 square feet
of gross lot area
lor each unit
Ice plants p p
Indoor amusement e.g.. Roller rinks, p P P
and recreational bowling alleys,
enterprises arcades and
similar uses
Indoor flea markets PROHIBITED: P p P
Outdoor flea
markets
Interior decorating S p p P P
shops
Itinerant sales See 9 26-630 S S S
4
Uses NDtes NC RC C-l C-2 I
Jewelry stores See FootnDte 1 S P P P P
Kennels S
Laundry and dry S S P P P
cleaning shops
Laundry and dry P P P P P
cleaning pick up
stations
Leather goods and P P P
luggage stores
Linen supply P P P
Liquor stores P P P
Locksmith shops P P P P P
Lumber yards and Unenclosed P P P
building supply stores storage of any
materials shall be
screened from
view from adjacent
properties and
streets
Manufacture of PROVIDED' An S
vaccines, serums and antidote exists and
toxins is readily available
for such vaccine,
serums or toxins;
and approval of
such manufacture
is received from
the state
department of
health and the
county health
department
Manufacturing, See ~ 26-505, ~ P P
processing, 26-631 and ~ 26-
assembly, or light 123, definitions
industrial operations
Manufacturing, S
abrication and/or
processing Df
concrete products
Meat, poultry or See Footnote 1 S P P P P
seafood stores
Pharmacies and PS P P P P
J:)f optical stores are
accessory use
Mini-warehouses for P P
inside storage
Mobile or modular See ~ 26-628 S S
homes or building
sales
Mortuaries and S S S
crematories
Motor fueling stations S P P
Motorcycle sales and See ~ 26-628 P P P
service
Music stores See Footnote 1 S P P P P
5
Uses Notes NC RC C-1 C-2 I
Newsstands For the sale of P P P P P
newspapers,
magazines, etc.
Office supply stores See Footnote 1 S P P P P
Offices: General P P P P P
administrative,
business and
professional offices
Optical stores See Footnote 1 S P P P P
Outdoor amusement S P P
~ See Footnote 1 S P P P P
Parking of P P P
automobiles of
clients, patients and
patrons of occupants
of adjacent
commercial districts
Parking of not more See 926.019: 9 S S S
than 3 commercial 26-123, definitions
truck-tractors and/or
semi-trailers
When in
conformance with
the parking design
standards set forth
in 926-501
It is not intended
that such parking
limitations shall
apply to pickup
and delivery trucks
normally
associated with
business
operations
Pawn shops S
Pet stores See Footnote 1 S P P P P
Pharmacies S P P P P
Picture framing shops See Footnote 1 S P P P P
Plumbing and heating EXCLUDING. P P P
supply stores and Outdoor storage
shops yards
Printing, engraving S
and other related
production processes
Private clubs, social P P P
clubs, bingo parlors
and similar uses
Psychic advisors and S S S P
similar uses
Research P P
laboratories, offices
and other facilities for
research
6
Uses Notes NC RC C-l C-2 I
Residential group p P P P P
and nursing homes
and congregate care
acilities for 6 to 8
elderly persons
Residential group S S S
and nursing homes
and congregate care
acilities for 9 or more
elderly persons
Residential group S S S
home for children
Residential uses in Such residential P P P P P
existence on 3/11/97 uses may be
extended,
enlarged, and/or
reconstructed so
long as no
additional dwelling
units are created
Residential uses in See 9 26-B26 P P P P P
commercial zones
Rooming and S S p P P
boardinQhouses
RV, boat, trailer and See 9 26-B28 P P
travel trailer storage
Sales, repair, rental P P
and servicing of any
commodity thai the
manufacture,
fabrication,
processing or sale of
which is permitted in
the district
Schools for industrial Conducted entirely S S
or business training, within an enclosed
including vocational building
trade or professional
schools
Schools: public; INCLUDES. Those S S S P P
private colleges and uses commonly
universities accepted as
necessary Ihereto
when located on
the same premises
Shoe repair shops P P P P P
Shoe stores See Footnole 1 S P P P P
Shops for custom See 9 26-631,9 p p
work or for making 26-632
articles, materials or
commodities to be
sold at retail on the
premises
Sporting goods See Footnote 1 S P P P P
stores
Stone cutting or P P
polishing works
7
Uses Notes NC RC C-t C-2 I
Studio for p p p p p
professional work or
teaching of fine arts,
photography, music,
~ p p p P P
T avems, night clubs, P P P
lounges, private clubs
and bars
Television, radio, See Footnote 1 S P P P P
small appliance repair
and service shops
Temporary Christmas See 9 26-B27 P P P P
tree, produce and
bedding plant sales
lots
Theatres, indoor P P P
Tobacco stores See Footnote 1 S P P P P
T ov stores See Footnote 1 S P P P P
Transit station, public S S S
~r private
Upholstery shops p P P
Video rentals See Footnote 1 S P P P P
Warehousing and See 9 26-B31 P P
outside storage
Warehouse/office Maximum 75% S P P
total area as
warehouse:
minimum 25% as
total area as office
Watch and jewelry P p P P P
repair shops
Woodworking or See 9 26-B32 S P P
carpentry shops for
the making of articles
or sale upon the
premises, such as
cabinets or custom
urniture
Footnote.
1 The amount of building space devoted to retail use is limited to 5,000 square feet in NC and RC Districts.
Commercial and Industrial District Accessory Uses Notes
Electric transmission or other public utility lines and poles, imgatiol1
channels, storm drainage and water supply facilities
Food services Primarily for the occupants of a building containing a permitted use
!when located within the same buildin<:l
Residential uses in commercial zones See 9 26-B26
Outside storage or display See 9 26-B31
Key'
P = Permitted Principal Uses
S = Special Uses
8
r
...
/
Meredith Reckert commented that most of the present code enforcement regarding signs is
complaint based and she thought enforcement would not be a problem.
Commissioner McMILLIN stated that he felt it was important to address excess window
signage which can cause problems with police enforcement when they are called to an
establishment and are unable to see inside the building before going in.
A vote was taken on the motion which passed 5-0 with Commissioners DAVIS and
McNAMEE absent.
Commissioner McMILLIN requested staff to prepare a report presenting options for the
regulation of lights and lighted signs in regard to IlluminatIOn spread off the property, intensity
of illumination and white backgrounds. There was a consensus of the CommissIOn to make
this dlfectlOn to staff. Ms. Reckert replied that it would be many months before this could be
researched and prepared.
CommiSSiOner WITT suggested that staff look into regulations concernIng ballllers that are
affixed to buildings. Some are attached by one comer to the buIlding and extend across
parking lots, etc.
B. Neiehborhood Commercial Uses
This matter was introduced by Meredith Reckert. Planning Commission In February, 2003,
requested a review of uses to be allowed in the Neighborhood Commercial zone district. There
is very httle neighborhood commercIal use in the city; however, a vehicle IS needed to regulate
those uses.
Commissioner McMILLIN pointed out that newsstands are presently hsted in two categories:
(I) bookstores, newsstands, statiOnery and card stores are a special use, (2) newsstands alone
are a permitted use He suggested that newsstands be removed from the list for special use. He
also beheved tallonng, dressmakIng or alteratIOn shops should be a permitted use as they have
a low Impact on a neighborhood.
Dairy stores and small bakeries were discussed. SuggeSl10ns were made that dairy stores
should be permitted if under a certain square footage and small bakeries should be a permitted
use
(Vice Chair WEISZ declared a brief recess at 8:30 p.m. The meeting was reconvened at 8:35
p.m.)
It was moved by Commissioner McMILLIN and seconded by Commissioner PLUMMER
to include banks; medical and dental clinics, including laboratories, and clinics for
nonresidential psychiatric counseling as special uses; include tailoring, dressmaking and
alterations as a permitted use; and paint and wallpaper stores should not be permitted.
The motion passed 5-0 with Commissioners DAVIS and McNAMEE absent.
Planning Commission
November 6, 2003
Page 3
EXHIBIT 2
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 07-2004
Ordinance No.
Series of 2004
TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT
RIDGE CODE OF LAWS PERTAINING TO COMMERCIAL AND
INDUSTRIAL LAND USES (CASE NO. ZOA-04-01)
WHEREAS, the commefClal and mdustnalland use table specifies permitted and speCial
uses in the commercial and mdustrial zone distncts m the City of Wheat Ridge,
WHEREAS, redundancies in the table should be ehmmated,
WHEREAS, several of the uses should be modified to meet the intent of the zone distnct
categones,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1. The Zoning and Development Code is hereby amended by adoption of the
followmg:
Sec. 26-204. Zone district use schedule.
Table of Uses--Commercial and Industrial Districts
Uses Notes NC RC C-1 C-2 I
Adult entertainment In accordance with P P P
establishments Wheat Ridge Code
of Laws, Chapter 3
!Ambulance services P P P P
Amusement parks S Ip P
Animal veterinary With outside runs; P P
hospitals and clinics no cremation
Animal veterinary Where there are S P P P P
hospitals or clinics no outside pens or
runs for dogs; no
cremation
Antique stores In NC & RC S P P P P
Districts: Provided
that no more than
200 square feet of
buildino area shall
ATTACHMENT 2
be allocated to
repair
Apparel and See Footnote 1 S P P P P
accessory stores
Appliance stores and p p p
incidental service and
repair
Art galleries or See Footnote 1 P P P P P
studios
Assembly halls and p p p
convention facilities
Auction houses S p P
Auto service, repair See S 26-631 P P P
and maintenance
shops, minor
Auto service, repair See S 26-631 S P P
and maintenance
shops, major
Automobile and light- See S 26-628 S S S
duty truck sales and
rental
,Automotive parts and P p P
supplies sales
Bakeries, retail See Footnote 1 S P P P P
Banks, loan and See S 26-633 PS P P P P
finance offices
Bed and breakfast Subject to P P P P P
homes requirements set
forth in S 26-608.
Bicycle stores See Footnote 1 S P P P P
Blueprinting, EXCLUDING. S P P P P
photostatic copying Large printing,
and other similar publishing and/or
reproduction services book binding
establishments
Uses Notes NC RC C-! C-2 I
See Footnote 1
Boat, recreational See S 26-628 S S S
vehicle and trailer
sales, rentals and
service
Body art S S S
establishments
Book stores, See Footnote 1 S P P P P
Ao'.\'sstands,
stationery and card
stores
Building contractor's See S 26-629 S P P
service shop and
storage yard
incidental to an
office/showroom
principal use.
Business machine or See Footnote 1 S P P P P
computer stores
Butcher shops and EXCLUDING, P P P
food lockers Food processinQ
2
Cabinet and S
woodworkinq shops
Camera and See Footnote 1 S P P P P
photographic service
and supplv stores
Candy. nut and See Footnote 1 S P P P P
confectionery stores
Caretaker residence Only one (1) unit P p P P
for caretaker or
manaqer
Carpet cleaning and S
fumigating
Carting. express. S
hauling or storage
yard
Car wash, automatic S p p
Car wash, coin S p P
operated
Caterers p p p
Day care center, p p p
larqe
Day care center, p p p
small
Clinics and offices for C-1, C-2& I PS P P P P
the counseling and INCLUDE.
treatment of Residential
psychological, social, facilities,
marital, NC & RC
developmental or EXCLUDES,
similar conditions Residential
facilities
All districts
INCLUDE.
Counseling and
treatment for
substance abuse
and alcoholism
Uses Notes NC RC C-1 C-2 I
Cold storage plant p p
Commercial machine S p P
shops
Community buildings e,g.. YMCA's, P P P P P
YWCA's,
churches, libraries,
parks, museums.
aquariums and art
galleries,
Construction and See 926-629 p p
heavy equipment
sales, service, rental
and storage
Contractor's plant or S
storage yard
Dairy products stores See Footnote 1 S P P P P
Day care center and p p p
preschools, large
Day care center and p p p
preschools. small
3
Department or variety p p p
stores
Drug stores P P P
Eating S S S S S
establishments, drive
through
Eating S P P P P
establishments, sit
down
Electric transmission S S S S S
and public utility
substations
Electrical motors and S
armature regrinding
shops
Electrical supplies EXCLUDING. P P P
and service Contractors
storaqe yards
Equipment rental Subject to 9 26- P P P P
agencies 628; in RC District:
Outside storage
and display
prohibited
Exterminators P P P P
Farm equipment See 9 26-628 P P
sales, service and
storage
Floral shops See Footnote 1 S P P P P
Furniture stores P P P
Garden supply stores See Footnote 1 S P P P P
Gift, novelty or See Footnote 1 S P P P P
souvenir stores
Uses Notes NC RC C-1 C-2 I
Golf courses INCLUDES. p P P
Private clubs,
restaurants and
lounges, driving
ranges, and those
uses cornmonly
accepted as
accessory thereto
when located on
the same premises
Governrnental and No outside storage P P P P P
quasii)overnmental
buildings and offices,
fire stations or public
utility buildings
Governmental and Outside Storage S S S P P
quasii)overnmental
buildings and offices,
fire stations or public
utility buildinqs
4
Greenhouses and See S 26-624 S S p p p
landscape nurseries,
retail
Greenhouses and See S 26-624 S P P
landscape nurseries,
wholesale
Grocery or See Footnote 1 P p p p p
convenience stores,
no gas pumps
Grocery stores which See Footnote 1 S S S P P
may include no more
than 1 gasoline
service island with no
more than 2
dispensing pumps
Hair, nail and P P P P P
cosmetic services
Hardware stores See Footnote 1 S P P P P
Hobby and craft See Footnote 1 S P P P P
stores
Home furnishing P P P
stores
Home improvements P P P
supplv stores
Hotels or motels for There shall be S S S
transient occupancy 1,000 square feet
of gross lot area
for each unit
Ice plants p p
Indoor amusement e.g.. Roller rinks, P P P
and recreational bowling alleys,
enterprises arcades and
similar uses
Indoor flea markets PROHIBITED p P P
Outdoor flea
markets
Interior decorating S P P P P
shops
Itinerant sales See S 26-630 S S S
Uses Notes NC RC C-1 C-2 I
Jewelry stores See Footnote 1 S P P P P
Kennels S
Laundry and dry S S p p p
cleaninq shops
Laundry and dry P P P P P
cleaning pick up
stations
Leather goods and P P P
luqgaqe stores
Linen supply P P P
Liquor stores P P P
Locksmith shops P P P P P
Lumber yards and Unenclosed P P P
building supply stores storage of any
materials shall be
screened from
5
view from adjacent
properties and
streets
Manufacture of PROVIDED' An S
vaccines, serums and antidote exists and
toxins is readily available
for such vaccine,
serums or toxins;
and approval of
such manufacture
is received from
the state
department of
health and the
county health
department
Manufacturing, See 9 26-505; 9 P P
processing, 26-631 and 9 26-
assembly, or light 123, definitions
industrial ooerations
Manufacturing, S
fabrication and/or
processing of
concrete products
Meat, poultry or See Footnote 1 S P P P P
seafood stores
Medical and dental Pharmacies and PS P P P P
offices, clinics or optical stores are
laboratories accessory use
Mini-warehouses for P P
inside storage
Mobile or modular See 9 26-628 S S
homes or building
sales
Mortuaries and S S S
crematories
Motor fueling stations S P P
Motorcycle sales and See 9 26-628 P P P
service
Music stores See Footnote 1 S P P P P
Uses Notes NC RC C-1 C-2 I
Newsstands For the sale of P P P P P
newspapers,
magazines, etc,
Office supply stores See Footnote 1 S P P P P
Offices: General P P P P P
administrative,
business and
professional offices
Optical stores See Footnote 1 S P P P P
Outdoor amusement S P P
facilities
Paint and wallpaper See Footnote 1 " P P P P
stores
Parking of P P P
automobiles of
clip.of, nafip.nf' ann
6
patrons of occupants
of adjacent
commercial districts
Parking of not more See S 26-619; S S S S
than 3 commercial 26-123, definitions
truck-tractors and/or
semi-trailers
When in
conformance with
the parking design
standards set forth
in S 26-501
It is not intended
that such parking
limitations shall
apply to pickup
and delivery trucks
normally
associated with
business
operations
Pawn shops S
Pet stores See Footnote 1 S P P P P
Pharmacies S P P P P
Picture framina shops See Footnote 1 S P P P P
Plumbing and heating EXCLUDING. P P P
supply stores and Outdoor storage
shops Iyards
Printing, engraving S
and other related
production processes
Private clubs, social P P P
clubs, bingo parlors
and similar uses
Psychic advisors and S S S P
similar uses
Research P P
laboratories, offices
and other facilities for
research
Uses Notes NC RC C-1 C-2 I
Residential group P P P P P
and nursing homes
and congregate care
facilities for 6 to 8
elderly persons
Residential group S S S
and nursing homes
and congregate care
facilities for 9 or more
elderly persons
Residential group S S S
home for children
Residential uses in Such residential P P P P P
existence on 3/11/97 uses may be
extended
7
enlarged, and/or
reconstructed so
long as no
additional dwelling
units are created
Residential uses in See 9 26-B26 P P P p P
commercial zones
Rooming and S S p p p
boardinghouses
RV, boat, trailer and See 9 26-B28 p P
travel trailer storage
Sales, repair, rental P p
and servicing of any
commodity that the
manufacture,
fabrication,
processing or sale of
which is permitted in
the district
Schools for industrial Conducted entirely S S
or business training, within an enclosed
including vocational building
trade or professional
schools
Schools: public; INCLUDES. Those S S S p p
private colleges and uses commonly
universities accepted as
necessary thereto
when located on
the same premises
Shoe repair shops P P P P P
Shoe stores See Footnote 1 S P P P P
Shops for custom See 9 26-B31 , 9 P P
work or for making 26-632
articles, materials or
commodities 10 be
sold at retail on the
premises
Sporting goods See Footnote 1 S P P P P
stores
Stone cutting or P P
polishing works
Uses Notes NC RC C-1 C-2 I
Studio for P p P P P
professional work or
teaching of fine arts,
photography, music,
drama or dance
Tailor, dressmaking p p p p p
or clothing alteration
shops
Taverns, night clubs, P P P
lounges, private clubs
and bars
Television, radio, See Footnote 1 S P P P P
small aooliance reoair
8
and service shops
Temporary Christmas See ~ 26-627 P P p P
tree, produce and
bedding plant sales
lots
Theatres, indoor P P P
Tobacco stores See Footnote 1 S P P P P
Toy stores See Footnote 1 S P P P P
Transit station, public S S S
or private
Upholstery shops P P P
Video rentals See Footnote 1 S P P P P
Warehousing and See ~ 26-631 P P
outside storage
Warehouse/office Maximum 75% S P P
total area as
warehouse;
minimum 25% as
total area as office
Watch and jewelry P P P P P
repair shops
Woodworking or See S 26-632 S P P
carpentry shops for
the making of articles
for sale upon the
premises, such as
cabinets or custom
furniture
Footnote
1 The amount of building space devoted to retail use is limited to 5,000 square feet in NC and RC
Districts
Commercial and Industrial District Accessory Uses Notes
Eleclric transmission or other public utility lines and poles, irrigation
channels, storm drainage and water supply facilities
Food services Primarily for the occupants of a building containing a permitted use
when located within the same building
Residential uses in commercial zones See S 26-626
Outside storage or display See G 26-631
Key'
P = Permitted Principal Uses
S = Special Uses
Section 2. Safetv Clause. The City of Wheat Ridge hereby finds, determines, and
declares that this ordmance 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
convemence and welfare. The City Council further determmes that the ordmance bears a rations
rei allan to the proper legislative object sought to be attained.
9
Section 3. Severability. If any clause, sentence, paragraph, or part ofthis Zomng
code or the applicatIOn thereof to any person or CIrcumstances shall for any reason be adjusted by
a court of competent JunsdictiOn mval1d, such Judgment shaH not affect applIcation to other
persons or Circumstances.
Section 4. SupersessIOn Clause. If any provision, reqUirements or standard
estabhshed by this ordmance is found to conflict with similar provisions, reqUirements or
standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are m
eXistence as of the date of ado phon of thIS ordmance, the provisiOns, requirements and standards
here shall supersede and prevail.
Section S. This ordinance shall take effect 15 days after final publicatiOn.
INTRODUCED, READ, AND ADOPTED on first readmg by a vote of to
m this day of , 2004, ordered published in full in a newspaper
of general circulahon in the City of Wheat Ridge and PublIc Heanng and consideration on final
passage set for ,2004, 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 readmg by a
vote of to , thiS day of , 2004
SIGNED by the Mayor on thIS
day of
,2004
GRETCHEN CERVENY, MAYOR
ATTEST.
Pamela Y Anderson, CIty Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERAL DAHL, CITY ATTORNEY
1 ST publication:
2nd publ1catlon.
10
Section 3. Severabil1tv. If any clause, sentence, paragraph, or part of this Zoning
code or the application thereof to any person or Clrcumstances shall for any reason be adjusted by
a court of competent Jurisdiction invalid, such judgment shall not affect applicatIon to other
persons or Circumstances.
Section 4. SupersessIOn Clause. If any proVisiOn, requirements or standard
estabhshed by this ordinance is found to conflict with similar provisions, requirements or
standards found elsewhere In the Code of Laws of the City of Wheat Ridge, whIch are In
existence as of the date of adoptiOn of this ordmance, the provisions, reqUirements and standards
here shall supersede and prevail.
Section S. This ordInance shall take effect 15 days after final publicatiOn.
INTRODUCED, READ, AND ADOPTED on first readmg by a vote of to
in thIS day of , 2004, ordered published in full in a newspaper
of general circulatlon in the CIty of Wheat Ridge and Public Heanng and consideration on final
passage set for ,2004, 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 readmg by a
vote of to , thiS day of , 2004
SIGNED by the Mayor on this
day of
,2004.
GRETCHEN CERVENY, MAYOR
ATTEST
Pamela Y Anderson, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERAL DAHL, CITY ATTORNEY
1 ST publicatiOn.
2nd pubhcatiOn.
10
ITEM NO: 5.
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
April 12,2004
TITLE:
CHIEF EDWARD PINSON MEMORIAL
o PUBLIC HEARING
[8] BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date:_)
o ORDINANCES FOR 2ND READING
Quasi-Judicial:
o
Yes
[2]
No
~~~
City M r ~
EXECUTIVE SUMMARY:
Edward Pinson was the first Police Chief for the City of Wheat Ridge and served in that capacity until
his retirement in 1982. Edward Pinson recently passed away and a request has been made for a
memorial in his honor. It is recommended that the driveway leading into City Hall from W. 29th
Avenue be named in honor of Ed Pinson; i.e. Pinson Place. In addition to "Pinson Place", it is
recommended that a plaque and portrait honoring Mr. Pinson also be placed in City Council
Chambers. Attachment 1 is a letter received from retired Commander Edward Ray regarding a
memorial to Edward Pinson.
COMMISSIONIBOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
N/A
ALTERNATIVES CONSIDERED:
To not approve the proposed memorial or to denote another memorial for Chief Edward Pinson.
FINANCIAL IMPACT:
N/A
RECOMMENDED MOTION:
"In honor of and as a memorial to Chief Edward Pinson, the first Police Chief for the City of Wheat
Ridge, I move that the driveway leading into City Hall from W. 29th Avenue be named "Pinson Place".
I also move that a plaque and portrait of Chief Pinson be placed in City Council Chambers.
I further move that a discussion of memorials be placed as an agenda item on a future City Council
Study Session in order that guidelines and procedures be developed for future memorials."
or,
"I move to deny the proposed memorial for the following reason(s)
"
Report Prepared by: Debbie Meixner (303-235-2819)
Attachments:
1. March 24, 2004 Letter from Retired Commander Edward Ray
fr-y;, r.... J.! rv'f<:; D
Randy Young
City Manager
City of Wheat Ridge
7500 W. 29th. Ave.
Wheat Ridge, Colorado 80033
MAR 2 9 2004
'BY:
March 24, 2004
Dear Manager Young,
Thank you for taking the time to discuss with me and exchange ideas regarding a fitting
memorial to Chief Edward Pinson who has recently passed away. As you know, Edward Pinson
was the first Police Chief for the City of Wheat Ridge serving in that capacity until his retirement
in 1982. Chief Pinson continued his service to Wheat Ridge and the Wheat Ridge community
following his retirement in several other capacities up to the time of his death. Chief Pinson in
every capacity he served always strived to help in any way to make Wheat Ridge a great place to
live and work. I know from conversations that I have had with community members, current and
past city officials and others who knew or served with the Chief that there is a strong interest and
a desire for a memorial to honor his role as a framer of Wheat Ridge City policies, practices and
values and of course building a strong foundation and framework for it's police department.
As, there IS a great deal of historical facts regarding Chief Pinson's service, that a declining
number will recall in the future, to honor him in this fashion and memorialize his dedicated
service to the City would be something that past, present and future personnel and citizens can
all reflect upon for years to come and is a right thing to do.
I have discussed with several people different ideas, and there is a very strong sentiment for one
specific idea. That idea IS to name the driveway from W.29th Ave. that leads into and circles
around and back out of the City hall complex and police department in his honor. IE: Edward
Pinson Drive, Pinson Circle, or some equal derivative. I believe that this truly honors his
contributions to the City that he helped build.
As we discussed, another suggestion might be to add hiS name to, creating a co-naming of the
pollce building, joimng that of another great past city leader Chief Building Inspector Jack Prose,
of which the police building was previously named. As Chief Pinson and Mr Prose were
extremely close friends and associates and knowing both of them, I am sure that it would not be
a dishonor to either to share in this. However I believe that Chief Pinson for reasons known to
him and a very few others, had a great deal to do with the naming of the police building after Mr.
Prose and for that reason I think that it is best to leave that honor for Mr. Prose.
It has also been discussed that a plaque giving a description of his contributions to the City of
Wheat Ridge, and or a portrait strategically placed in the city complex would be a fitting honor,
and I agree, but again I believe that because of Chief Pinson being very instrumental in the
design and development of the original complex on W.29th Ave., that includes the City hall, the
ATTACHMENT 1
council chambers and courts and of course the police building that a plaque and portrait along
with the naming of the driveway would be the best tribute and a fitting and a great honor to him.
If there are any concerns as to costs I assure you that I can and will arrange contributions to
cover them, although I would hope that the City would find it within its self to make a
commitment for the small amount of dollars that will be needed to honor this extraordinary man.
I stand at the ready to meet with you, members of any departments and commissions and the City
Council to discuss this project that I believe is most worthy of a City that he spent so much of his
time serving. Please feel free to call me at my office during the week or at my home weekends
and evenings should you need to speak with me.
Again, I thank you for your time and support,
ard ay
mmander - Retired
Wheat Ridge Police Department
Home Phone 303-422-6975
Office Phone 303-764-3476
c- Beulah Pinson and Family
Page 2 of2
DATE: April 12, 2004
GENERAL AGENDA ITEM COMMENT ROSTER
ANY PERSON MAY SPEAK CONCERNING dIIliiI~~ EACH SUCH PERSON MUST
SIGN THIS ROSTER, STATING NAME, ADDRESS, AND AGENDA ITEM NUMBER.
THOSE PERSONS WHO WISH TO SPEAK IN FAVOR OF, OR IN OPPOSITION TO, A
PUBLIC HEARING, MUST SIGN THE APPLICABLE PUBLIC HEARING ROSTER.
~~~~~\~':;~_ ; ..~ ~'-, ,,,'!-.,, r: -1.~~ -;
-~ ~<::-
I\vy, mo,\ jreY\
NO.
PUBLIC COMMENT ROSTER
DATE: April 12, 2004
ANY PERSON MAY SPEAK ON MATTERS OTHER THAN AGENDA ITEMS FOR A MAXIMUM OF
THREE MINUTES, UNLESS ADDITIONAL TIME IS GRANTED BY AGREEMENT OF
COUNCIL.
EACH SUCH PERSON MUST SIGN THE PUBLIC COMMENT ROSTER, STATING NAME,
ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT!!!!!!!!
( C
NAME ADDRESS TOPIC
~f~J--- i: =- --r //-:27- <: S' 5'?<<2 l-l-W1A1 ;L--D ,
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-
CITY OF WHEAT RIDGE
PUBLIC BEARING ROSTER
AGENDA ITEM NO.2.
PUBLIC BEARING BEFORE THE WHEAT RIDGE CI"rY COUNCIL
CASE NO. ZOA-03-14
COUNCIL BILL NO. 05-2004
TITLE:
COUNCIL BILL 05-2004 - AN ORDINANCE AMENDING CHAPTER 26 OF THE
WHEAT RIDGE CODE OF LAWS PERTAINING TO PLANNED DEVELOPMENT
DISTRICT REGULATIONS
(Case No. ZOA-03-14)
..... -n 111k!8111!' ....,~ YOUR NAME AlIID ADDRESS CHECK
IN FAVOR OPPOSED
,
IF YOU HEED MORE ROOM PLEASE SIGN ON BACK OF PAGE!
CITY OF WHEAT RIDGE
PUBLIC BEARING ROSTER
AGENDA ITEM NO.3.
PUBLIC BEARING BEFORE THE WHEAT RIDGE CITY COUNCIL
CASE NO. ZOA-03-17
TITLE:
COUNCIL BILL NO. 06-2004
COUNCIL BILL 06-2004 - AN ORDINANCE AMENDING CHAPTER 26 OF THE
WHEAT RIDE CODE OF LAWS PERTAINING TO EXPIRATION OF
DEVELOPMENT PLANS.
(Case No ZOA-03-17)
YOUR NAME AND ADDRESS CHECK
IN FAVOR OPPOSED
.
IF YOU HEED MORE ROOM PLEASE SIGN ON BACK OF PAGEl
CITY OF WHEAT RIDGE, COLORADO
April 12, 2004
Mayor Cerveny called the Regular City Council Meeting to order at 7 00 p.m Councilmembers
present: Karen Adams, Karen Berry, Jerry DiTullio, Dean Gokey, Lena Roto/a, Wanda Sang,
Larry Schulz, and Mike Stites Also present: City Clerk, Pamela Anderson, City Manager,
Randy Young; City Attorney, Gerald Dahl, Director of Community Development, Alan White,
Director of Public Works, Tim Paranto, staff; and interested citizens
APPROVAL OF MINUTES OF March 22, 2004
Motion by .1'l,rv tnT-:t Ill; rr- tio- tt"'"'~~
to approve the Minutes of March 22, 2004, seconded by ~
carried ~ ~ C .
PROCLAMATIONS AND CEREMONIES
Mayor Cerveny presented the proclamations for -L C' f U -c St..JA fJ-c (lofl>1 O..k~,-
Crime Victims' Rights Week - April 18-24, 2004 - 11/ uti" cr J
National Kite Week - April 19 through April 25, 2004
CITIZENS' RIGHT TO SPEAK
"'-"
A. Paul Dextras, Fire Chief, Arvada Fire Protection District,
-:--- I ")
j ~ elL! S~Lc\Aj
APPROVAL OF AGENDA .-
CITY COUNCIL MINUTES April 12, 2004
Page -2-
Item 1.
Consent Agenda:
A. Approve Award ITB-04-009 Concrete Rehab Project.
B Approve Award ITB-04-010 Overlay Project.
C Approve Award RFB-04-007 Trailer Mounted Brush Chipper.
D. Approve Award ITB-04-013 Clear Creek Trail Improvements.
E. Approval of the Revised Personnel Policies
Consent Agenda was introduced and read by MI' lJ, T..d lcu .
Motion by H. Vt \11 \\1 e'
to approve the Consent Agenda as printed, seconded by Grt:.~'._,) /
carried J ~ c ~ '
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2.
COUNCIL BILL 05-2004 - AN ORDINANCE AMENDING CHAPTER 26
OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PLANNED
DEVELOPMENT DISTRICT RE9ULATIONS. -n.
(Case No ZOA-03-14) ( .~ c{ I AA C1 ( {
'\J c'\' \
Q'
Council Bill 05-2004 was introduced on second reading by Ms Berry; title and executive
summary read by -'{7 \\..1<; ex ....\11.~ Hs AvWY;;~1A.. Ct-ni:YLtd C\tLiVV""cC \"v~
t '\D {{,,^-tv 1h\1.L(yt ~ ...1
"",II, I~' presented the staff report. ''''9'-' ~
S'ee (l-k-c\.\z-~-e.:Ji(' IiVlutll)~
( Avv\Cl"~Y\t~\X II l, Gn':1.<<J SU.C0-l.;
\ ft....V"l/Ii..(,I,!W\lvvl J* to / ,
$:l,Ii';'j , r-t: h-GL . sc.~j,'~ <-"
AYV.01ctWlC,\t !I :5 \2-c tv-{;, <;lCULi-tcbC
Motion by Ms Berry to approve Council Bill 05-2004 (Ordinance No. \? 1'1
second reading, and that it take effect 15 days after final publication,
seconded by t '\ V <; - S:t\.~}"'" , carried S'~' V .
\ ''',Ii
S' -0 .
~ 'c. .
3 ~"D
) on
MotIOn to add the followmg amendment to the mam motiOn
'.1 move to amend the maIn motIOn to make the follOWIng change to the ordInance
1 Delete Subsection A, ApplIcabilIty, of SectIOn 26-306 5 (Planned Mixed Use
Development Dlstnct) and that the subsequent subsectIOn be re-lettered accordmgly"
.!~ I
'''Yf '
-I / v
MotIOn to amend mam motion to address ApplicatIOn of Standards
"'I move to amend the mam motion to add the followmg language to SectIons 26-309 F
and G
F To vary from the nl1mmum development standards estabhshed on a recorded outhne
development plan, an amended outlme development plan IS reqUIred when the variance
is less than the established minimum. No amendment is required if the variance is
greater than the established minimum standard.
G To vary from the mmllTIUm development standards estabhshed on a recorded final
development plan, an amended final development plan IS reqUIred when the variance is
less than the established minimum. No amendment is required if the variance is
greater than the established minimum standard."
! -r
--1--'
j 0
,
/ ,
\\' /1
1\ .I
MotIOn to amend mam motJon to address ApplicatIOn of Standards
~
..\ move to amend the main motIon to add the followmg language to SectIons 26-309 F
and G
F To vary from the mmlmum development standards estabhshed on a recorded outlme
development plan, an amended outline development plan IS reqUIred when the variance
is less than the established minimum. No amendment is required if the variance is
greater than the established minimum standard.
G To vary from the mInimum development standards estabhshed on a recorded final
development plan, an amended final development plan IS reqmred when the variance is
less than the established minimum. No amendment is required if the variance is
greater than the established minimum standard."
/
1
. ~.
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CITY COUNCIL MINUTES, April 12, 2004
Page -3-
Item 3.
COUNCIL BILL 06-2004 - AN ORDINANCE AMENDING CHAPTER 26
OF THE WHEAT RIDE CODE OF LAWS PERTAINING TO EXPIRATION
OF DEVELOPMENT PLANS
(Case No lOA-03-17)
Council Bill 06-2004 was introduced on second reading by Mr Stites, title and executive
summary read by , : (;IA.. k~h1.~v--'
Hell-u.Vl h, ~[(. kl,-f presented the staff report.
Motion by Mr Stites that Council Bill 06-2004 (Ordinance I B 2, ) be approved on
second reading, and that it take effect 15 days after final publication, seconded by ~.'
carried 8 ----0 ' 0
ORDINANCES ON FIRST READING
Item 4
COUNCIL BILL 07-2004 -AN ORDINANCE AMENDING CHAPTER 26
OF THE WHEAT RIDE CODE OF LAWS PERTAINING TO
COMMERCIAL AND INDUSTRIAL LAND USES
(Case No lOA-04-01)
Council Bill 07-2004 was introduced on first reading by (LIs i?cV1-'l-Q
Motion by
to approve Council Bill 07-2004, Case No lOA-04-01, on first reading, ordered
published, public hearing set for April 26, 2004, at 7.00 p.m in the City Council _
Chambers, and that it take effect 15 days after final publication; seconded by ; 1.1.'J/'
carried 8' - [J .
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 5.
Chief Edward Pinson Memorial
Item 5 was introduced by . M ~ 'S {~\..e <; n" [~ e L c'\v'"C., 'Y,-,I':l-\A.,\'l:u. '"j '..c: )
\ 4(.l l-lloJ VCv I"'~ Lll<-(t,-, \ ......
Motion by t\~... Si-; k-J
that in honor of and as a memorial to Chief Edward Pinson, the first Police Chief for the
City of Wheat Ridge, the driveway leading into city Hall from West 29th Avenue be
named "Pinson Place" I also move that a plaque and portrait of Chief Pinson be placed
in City Council Chambers.
~N
\0 /
'-"
CITY COUNCIL MINUTES April 12, 2004
Page -4-
I further move that a discussion of mpn1oriols-re-pfacea-as an agenda item on a future
City Council Stu~ioornorder that guidelines and procedures beoov.e191'ed for
future memorIals, --
seconded by , -7
carried S~ ,- [ ,
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
,\-J -
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Sc'\'~) (;,{'t-<,-"L<'-A S' /2
Meeting adjourned at p m
Pamela Y Anderson, City Clerk
APPROVED BY CITY COUNCIL ON BY A VOTE OF to
Wanda Sang, Council President
The preceding Minutes were prepared according to ~47 of Robert's Rules of Order, i e
they contain a record of what was done at the meeting, not what was said by the
members Tape recordings and video recordings of the meetings are available for
listening or viewing in the City Clerk's Office, as well as copies of Ordinances and
Resolutions
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