HomeMy WebLinkAbout02/28/2005
6:30 p.m. Pre-Meeting
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CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
February 28. 2005
7:00 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES OF February 14, 2005
PROCLAMATIONS AND CEREMONIES
Metro Mayors & Commissioners Youth Awards
CITIZENS' RIGHT TO SPEAK
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
APPROVAL OF AGENDA
Item 1.
Consent AQenda:
A. Award ITB-05-5 2005 Concrete Rehab Project.
B Approve Utilities Undergrounding and Pedestrian Lighting Installation
for the Kipling Street Pedestrian Improvement Project.
C RESOLUTION 12-2005 A RESOLUTION IN SUPPORT OF THE
GREAT OUTDOOR COLORADO GRANT APPLICATION FOR
FUNDS TO RECONSTRUCT THE STEVENS ELEMENTARY
SCHOOL PLAYGROUND
D RESOLUTION 11-2005 A RESOLUTION SUPPORTING THE
CREATION OF THE ROCKY FLATS COLD WAR MUSEUM
Jf
CITY COUNCIL AGENDA. February 28, 2005
Page -2-
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2. RESOLUTION 13-2005 A RESOLUTION ADOPTING AMENDMENTS
TO THE CITY OF WHEAT RIDGE COMPREHENSIVE PLAN
(Case No WPA-05-01)
Item 3. A. RESOLUTION 14-2005 A RESOLUTION MAKING CERTAIN
FINDINGS OF FACT REGARDING THE PROPOSED ANNEXATION
OF A PARCEL OF LAND LOCATED IN SECTIONS 19, 20, 29 AND
30, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF SIXTH PRINCIPAL
MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO
B COUNCIL BILL 01-2005 AN ORDINANCE ANNEXING TO THE CITY
OF WHEAT RIDGE UNINCORPORATED TERRITORY KNOWN AS
THE CABELA'S/COORS/ALTER PARCEL LOCATED IN JEFFERSON
COUNTY
C A REQUEST FOR APPROVAL OF A SPECIAL USE PERMIT TO
ALLOW EXCAVATION AND DEPOSITION OF FILL MATERIAL IN
THE AMOUNT OF 1 5 MILLION CUBIC YARDS FOR PROPERTY
LOCATED WEST OF 1-70, SOUTH OF HIGHWAY 58 AND NORTH
OF WEST 32ND AVENUE.
(SUP-05-01/CABELA'S & COORS)
Item 4. COUNCIL BILL 02-2005 AN ORDINANCE AMENDING ARTICLE II OF
CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING
BUSINESS LICENSES
ORDINANCES ON FIRST READING
Item 5.
COUNCIL BILL 03-2005 AN ORDINANCE PROVIDING FOR THE
APPROVAL OF AN AMENDED OUTLINE DEVELOPMENT PLAN FOR
PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT
LOCATED AT 3230 YOUNGFIELD SERVICE ROAD, 3270 YOUNGFIELD
SERVICE ROAD, 3291 YOUNGFIELD SERVICE ROAD, 13001 WEST
32ND AVENUE AND 13501 WEST 32ND AVENUE
(CASE NO WZ-04-06f70 WBC, LLC)
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 6.
Board and Commission Appointments
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
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CITY OF WHEAT RIDGE, COLORADO
February 14. 2005
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 Rotota, Wanda Sang,
Larry Schulz, and Mike Stites. Also present: City Clerk, Pamela Anderson, City Manager,
Randy Young; Deputy City Manager Patrick Goff; City Attorney, Gerald Dahl, Director of
Community Development, Alan White, staff; and interested citizens
APPROVAL OF MINUTES OF January 24. 2005
Motion by Mr DiTullio for the approval of the Minutes of January 24, 2005, seconded by Mr
Schulz; carried 8-0
CITIZENS' RIGHT TO SPEAK
There was no one present to speak.
APPROVAL OF AGENDA
Motion by Mrs Rotola to amend the agenda to move Item 1 D from the Consent
Agenda to before Item 2. under PUBLIC HEARINGS AND ORDINANCES ON SECOND
READINGS, seconded by Mrs Sang; carried 8-0
Approval of Agenda as amended carried 8-0
Item 1.
Consent Agenda:
A. Motion approving Cultural Commission by-laws
B Award ITB-05-07 2005 Crack Seal Project.
C. Motion authorizing the Mayor to sign a letter of permission for a twenty
year covenant by the State of Colorado to be placed on the Baugh
Property for the purpose of grant funding to the Wheat Ridge Historical
Society for use at the Baugh House
CITY COUNCIL MINUTES February 14, 2005
Page -2-
E RESOLUTION 10-2005 ACCEPTANCE OF GRANT FUNDS FROM
THE COLORADO GARDEN SHOW, INC IN THE AMOUNT OF
$5,000 FOR THE PURPOSE OF PLANTING MATERIAL FOR THE
DEMONSTRATION GARDENS LOCATED AT THE RICHARDS HART
ESTATE.
Mr Gokey asked to remove Item 1 C
Consent Agenda was introduced and read by Mrs Rotola
Motion by Mrs Rotola for approval of the Consent Agenda Items A.B E , seconded by
Mr Schulz and Mrs Sang, carried 8-0
Mr Stites introduced Item 1 C and made a motion to authorize the Mayor to sign the
letter of permission for a twenty year covenant on the Baugh House property as a
condition of receipt of grant funds from the Colorado Historical Fund to the Wheat Ridge
Historical Society for the purpose of restoration of the exterior of the Baugh House,
seconded by Mr DiTullio, carried 7-1 with Mr Gokey voting no
Mr Gokey stated that while he supports the Colorado Historical Society and the
improvements they have made at several sites around the State, he does not support
this site He believes that there are more useful sites in the City, such as a historical
park.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1 D.
RESOLUTION 09-2005 APPROVING AN ASSIGNMENT AGREEMENT
AND AUTHORIZING THE EXECUTION AND DELIVERY OF A
DELEGATION AND PARTICIPATION AGREEMENT TRANSFERRING
TO THE CITY AND COUNTY OF DENVER, THE CITY OF WHEAT
RIDGE'S 2005 ALLOCATION FROM THE STATE CEILING FOR
PRIVATE ACTIVITY BONDS TO FINANCE RESIDENTIAL HOUSING
FACILITIES FOR LOW- AND MIDDLE- INCOME PERSONS
The item was introduced by Mrs Rotola City Clerk Pam Anderson read the executive
summary
Barbara Delgadillo, Assistant to the City Manager, presented the staff report.
CITY COUNCIL MINUTES February 14, 2005
Page -3-
Motion by Mrs Rotola to adopt Resolution No 09-2005 assigning and transfernng to the
City and County of Denver, a portion of the City of Wheat Ridge's 2005 allocation from
the state ceiling for private activity bonds to finance residential housing facilities for low-
and middle-income persons and families within the City and certain other cities and
counties in the State of Colorado, authorizing the delegation to the City and County of
Denver, of the authority of the City of Wheat Ridge with respect to the issuance of single
family home mortgage revenue bonds to finance residential housing facilities for low-
and middle-income persons and families within the City and certain other cities and
counties in the State of Colorado, approving such bonds and the single family mortgage
loan program, and authorizing the execution and delivery of a delegation and
participation agreement, an assignment agreement and other documents in connection
therewith I further move to authorize the Mayor to sign all documents and the City
Attorney to notify the City and County of Denver of Council's deciSion, seconded by
Mrs Sang, carried 8-0
Item 2.
REQUEST FOR APPROVAL OF A SPECIAL USE PERMIT TO ALLOW A
CAR WASH FOR PROPERTY LOCATED AT 4470 WADSWORTH BLVD
(Case No SUP-04-03) (Kwik Car)
Item 2 was introduced by Mrs Sang Ms Anderson read the executive summary
Travis Crane, Community Development, was sworn in and presented the staff report.
He entered the case file, packet materials, the zoning ordinance and digital presentation
into the record Mr Crane also entered Into the record a letter of support from an
adjacent property owner
Peter Ziemke, 3285 Moore Street, Wheat Ridge, was sworn In and presented a report
on behalf of the property owner, S & 0 Development. He introduced Aaron Green,
project manager; Rob Wilcox, future owner of the proposed car wash and his partner,
Bob Evans, John Aldridge, project and traffic engineer; and Jason (Inaudible), property
owner, With S & 0 Development
John Aldridge, principal in Aldridge Transportation Consultants, was sworn In and
made a presentation on the traffic impact analYSIS
Ken Skogg, attorney, 370 1 ih Street, Suite 4900, Denver, representing Pep Boys, was
sworn in He stated their on-going objection to the project as it is being proposed and
asked Council to deny the Special Use Permit.
Geoff Wodell, representing Holy Cross Lutheran Church, stated their objections to this
project regarding a long-standing parking easement on the property
CITY COUNCIL MINUTES February 14, 2005
Page -4-
Alan Feinstein, Jefferson County Housing Authority. was sworn in and stated that his
organization's objection still stands He agrees with Mr Skogg's comments
Council asked questions
Mayor Cerveny called a recess at 8 15 P m
The meeting was reconvened at 8 31 p m
Mr Dahl clarified procedural issues and recommended that Council give the applicant
an opportunity to address the question of the easement.
Mr Ziemke responded to the question of the easement and the comments made by Mr
Skogg regarding the objections of Pep Boys Mr Green responded to previous
questions and comments
Mayor Cerveny closed the public hearing
Motion by Mrs Sang to deny Case No SUP-04-03 for the following reasons
The SUP creates spot zoning
Westbound intersection located at 44th & Wadsworth is inadequate for right hand turn
lanes creating cut through traffic in the parking lot.
The SUP does not support the City's strategic goal #2, City is prepared for growth
opportunities and the SUP does not support strategic principal E. quality retail.
seconded by Mr DiTullio, failed 6-2 with Mr DiTullio and Mrs Sang voting yes
Motion by Mr DiTullio to continue Case No SUP-04-03 for action only until March 14.
2005 for the following reason To allow staff to confirm the easement Issue and bring in
that Information. seconded by Mrs Sang, failed 6-2 with Mr DiTullio and Mrs Sang
voting yes
Motion by Mr Gokey to approve Case No SUP-04-03 for the following reasons
1 The car wash facility will create minimal impacts upon the general health,
welfare, safety and convenience of persons residing or working in the
neighborhood of the proposed use
2 The car wash facility will not create nor contribute to blight in the neighborhood
by virtue of physical or operational characteristics of the proposed use
3 Given the unusual parcel size and shape, other development opportunities would
be difficult.
CITY COUNCIL MINUTES February 14. 2005
Page -5-
With the following conditions
1 Hours of operation shall be limited to 7 00 a m to 10 00 P m
2 The property shall be developed in accordance with the site plan, as included as
Exhibit 6
3 The grant of use shall be for the property and may be inherited.
4 That the Police Department and Community Development Department work
together with the landscape profiling of this site to end up with a safe and usable site
configuration
Seconded by Mr Schulz; carried 6-2 with Mr DiTullio and Mrs Sang voting no
Mr DiTullio is against this because it does not conform to our strategic plan. on either
quality retail or planning for the future
Mrs Sang voted no because she frequents that area. she banks over there. and it will
make a terrible situation even worse and we will rue the day that we put that much
traffic over in one area.
ORDINANCES ON FIRST READING
Item 3.
COUNCIL BILL 02-2005 AMENDING CITY OF WHEAT RIDGE CODE
OF LAWS PERTAINING TO BUSINESS LICENSES
Council Bill 02-2005 was introduced on first reading by Mr Gokey
Motion by Mr Gokey to approve Council Bill 02-2005 on first reading. ordered
published. public hearing set for Monday, February 28, 2005 at 7 00 P m in the City
Council Chambers, and that it take effect 15 days after final publication, seconded by
Mrs Sang. carried 8-0
CITY ATTORNEY'S MATTERS
Mr Dahl asked for a short executive session, he has prepared a motion for Mr DiTullio
ELECTED OFFICIALS' MATTERS
Mr Gokey asked the general public of Wheat Ridge if they would like to participate in
our NRS study Please contact one of your Councilmembers There will be small focus
groups of anywhere from two to eight people It will take no longer than 90 Minutes It's
just a few questions If you want to know how you can impact the community and how
you can participate, this is definitely one of the ways
- ~
.....
CITY COUNCIL MINUTES February 14, 2005
Page -6-
Mr DiTullio agreed with Mr Gokey He has already 5 or 6 meetings set up
Mr Schulz and Mrs Rotola are also setting up meetings in District IV Please call if you
are interested
Motion by Mr DiTullio to convene into executive session for a conference with the City
Attorney under Charter Section 57 (b)(1) and Section 24-6-402 (4) (b), C R S ,
specifically legal advice concerning the petition of the Prospect Park and Recreation
District. I further move to adjourn the Council Meeting at the conclusion of the executive
session, seconded by Mrs Sang, carried 8-0
Recess to Executive session at 8.22 p m
Executive Session was held.
APPROVED BY CITY COUNCIL ON FEBRUARY 28, 2005 BY A VOTE OF _ to _
Lena Rotola, Council President
The preceding Minutes were prepared according to S47 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
PROCLAMATION
IN HONOR OF
MARISSA KOHL
Whereas, our youth are not always recognized for their display of integrity,
courage, and perseverance; and
Whereas, Marissa Kuhl is one of our youth from Wheat Ridge High School who
has displayed her personal strength and character by overcoming
personal obstacles through her strong desire for success and positive
attitude; and
Whereas, Marissa continues to display a positive attitude and consistently makes
good decisions that help her prepare for the future; and
Whereas, Marissa has assisted the high school community by being a Link
Leader, where it became evident that she has a special gift for
mentoring.
N OW, THEREFORE, the Mayor and City Council for the City of Wheat Ridge,
Colorado, do hereby recognize and applaud Marissa Kuhl for her
demonstration of outstanding personal achievement in overcoming her
pe"onal diffieulti.,. ~
ATTEST:
ITEM NO: J I A I
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE'
February 28,2005
TITLE:
AWARD ITB-05-05 2005 CONCRETE REHAB PROJECT
o PUBLIC HEARING
[g] BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date:_)
o ORDINANCES FOR 2ND READING
Quasi -Judicial'
o
Yes No
[g]
City~~O
EXECUTIVE SUMMARY:
The 2005 Concrete Rehab ProJect was developed to upgrade existing ADA curb ramps on 32nd
A venue, which is proposed for overlay this year, along with a number of seleeted streets located in the
northwest quadrant of the CIty. This project also includes conerete replacement at City Hall and other
City facilities parking lots and drives. The project is an element of on-going mamtenance of concrete
street facIlities intended to keep the streets in a good and safe condition. On February 8, 2005,
fourteen (14) bids were received. The apparent low bidder was Scott Contractmg, Golden, Colorado
m the total amount of $130,166.90 Staff verified each line item and found that there was a minor
error in the bId extension amount of$ I 22.40. The correet bid is $130,044.50 Scott Contractmg was
made aware of the error in additIOn. Their proposal met all of the bid requirements and company
references and experience was evaluated by Public Works Staff It is recommended that the project be
awarded to the lowest responsive bidder, Scott Contracting in the amount of $130,044.50.
COMMISSION/BOARD RECOMMENDATION:
N/A
ST A TEMENT OF THE ISSUES:
32nd A venue between KIpling Street and Y oungfield Street IS scheduled for re-surfacing this year. The
Americans WIth Disabilities Act (ADA) requires that all street elements be brought into compliance
with ADA at the time of major maintenance or reconstruetion. The primary portion of the 2005
Concrete Rehab Project WIll bring the curb ramps along 32nd A venue mto complIance WIth the current
ADA reqUIrements.
Bids for the 2005 Concrete Rehab Projeet, #S-PM-OI-05, were opened on Tuesday, February 8, 2005.
Fourteen (14) bids were received. The bids ranged from $130,044 SO to $200,380 00 The Engineer's
Estimate was $178,317.50. The lowest responsible and responsive bidder, Scott Contracting, Golden,
Colorado has met the bId and qualIfication requirements. Based upon the contractor's demonstrated
capabilIties and performance on a previous City proJeet, Staff recommends award to Scott
Conctraeting.
A 10% contingency amount of$13,004.45 IS requested to allow the cost of other items related to the
proJect.
AL TERNA TIVES CONSIDERED:
No award and 2005 Concrete Rehab and Overlay projects will not be aecomplished.
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$900,000.00 This project IS the second
of the three preventive maintenance projects that the City will implement this year.
RECOMMENDED MOTION:
"I move to award ITB-05-05, 2005 Concrete Rehab Project, #S-PM-OI-05 to Scott Contracting,
Golden, Colorado in the amount of$I30,044.50.
I further move that a contingency amount of$I3,004.45 be approved.
I further move that the Director of Public Works be authorized to issue change orders up to a total
eontract and eontingency amount of $143,04895
I further move that all costs assocIated with this eontraet be paid from account number 30-302-800-
884, and that these funds be eneumbered for the length of the project in accordance with Ordinance
#787, 1989 Senes."
or,
"I move to deny award of ITB-05-05 2005 Concrete Rehab Project for the following reason(s)
"
Initiated by:
Report Prepared by'
ReVIewed by'
Steve Nguyen, Engineering Manager
Tim Paranto, Direetor of Pub lie Works
Linda Trimble, Purchasing
Attachments:
1. 2005 CapItal Improvement Program Description
2. Project Location List
Capital Investment Program
3.
Hotel/Motel District Pedestrian Improvements
2005 Budgct: $200,000
Description: A portIOn of the east side ofK]plmg Strect south of! -70 and the South 1-70
Frontage Road will be Improved by mstallatlOn of sldcwalks and pedestnan IIghtmg. ThIs proJect
will be financcd with Hotel/Motel tax funds and is the second of a multI-year program.
Justification: Klplmg Street and the South 1-70 Frontage Road do not have contmuous sidewalks
allowing pedestrian travel within this portion of the Hotcl/Motcl dIStriCt.
4.
46th Ave.-I70, Estes-Carr Major Street Improvement
2005 Budget: $750,000
Description: ThIS project consists of mstallatlOn of storm sewcr and rcconstructlOn ofthc street
scctlOn. This is the second of a multJ-ycar program for the area.
Justification: This neighborhood has very poor drainage, whIch has rcsultcd m dIStortcd curblmes
and failed pavcment sectIOns.
5.
Public Improvements Projects, Development Driven
2005 Budget: $75,000
Description: Up-commg dcvelopmcnts may rcqUlre City-financed street Improvements.
Justification: Contmgcnt funding should be provIdcd for special project needs.
6.
Street Light Installation
2005 Budget: $5,000
Description: Installation of new streetlights requcsted by CItJzens or recommended by thc
department and approved by thc City
Justification: New street hghtmg IS proVIded to accommodatc arcas ofthe CIty whIch reqUIre
additional hghtmg for safety or as otherwIse JustJfied by the City
7.
Street Preventative Maintenance Projects
2005 Budget: $900,000
Description: The annual street preventative maintenancc work and costs are as follows:
> Concrete replacement area:
Northwest area ofthe City betwccn 1-70 and Kipling St.
from Clear Creck north to City lImIts
$200,000
Asphalt patching and overlay area.
32nd Avenue, Kipling to Simms
38th Avenue, Sheridan to Wadsworth
48th Avenue, Harlan to Marshall
Marshall Street, Harlan to North CIty LImIts
$500,000
]89
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A"t"tACtltAEM't' 2
ITEM NO. II B I
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
February 28, 2005
TITLE:
APPROVE UTILITIES UNDERGROUNDING AND
PEDESTRIAN LIGHTING INSTALLATION FOR THE
KIPLING STREET PEDESTRIAN IMPROVEMENTS PROJECf
D PUBLIC HEARING
[gJ BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1 ST READING (Date: _)
D ORDINANCES FOR 2ND READING
Quasi-Judieial D [gJ
Yes No
~~L1
DIrector ofPu ic Works
~rq
City Manager <f
EXECUTIVE SUMMARY:
The KIplIng Street Pedestnan Improvement Project, as identified in the 2005 CIP, will provide
SIdewalk and pedestrian lighting to accommodate the pedestrians in the corridor. ThIS is a continuing
phase of the multi-year HotellMotel Distnet Pedestnan Improvements program. The project locations
will be at the southeast comer of the Kiplmg/I-70 South Frontage Road mtersection and on the south
side of the 1-70 South Frontage Road from Kipling west approxImately 600 feet. One of the key
elements to thIS pedestnan facility is the pedestrian lighting which will be installed adjaeent and along
the sidewalk proposed for construetion this year. In addition, undergrounding of overhead utilities in
the project segment WIll be a part of the project to allow the sidewalk construction. Xeel has
completed the design at the City's request and is seeking authorization to proceed WIth the construction
phase. The cost estimate, provided by Xcel, to undergound overhead utilites and install these lIghts
are $55,264.60 and $24,066.39 respectively. The work will be performed by Xeel or its own
contractor Staff recommends authonzmg Xcel to proceed with the constructIOn phase at the total
estimated cost of $79,330.99.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
The installatIOn of pedestrian Itghting IS bemg implemented through the electnc servIce Rules and
Regulations approved by the Public Utilites Commission concerning the design, constructIOn and
maintenance of the pedestrain lIghts, similar to other projects throughout the city This is a separate
project and wIll be intergrated WIth the Kipling Sidewalk Projeet. Once Xcel Energy receives the
City's authorization, it will schedule the utilities undergrounding and initiate a pole order and schedule
the installation in eoordination with the sidewalk construction. Staff recommends approval for Xcel to
proceed with the installation to ensure that the KIpling Sidewalk Project will meet the establIshed
schedule
AL TERNA TIVES CONSIDERED:
No authorization be issued to Xcel Energy and utilities undergroundmg and pedestrian lighting
portIOns for the KiplIng Sidewalk Projects will not be accomplished.
FINANCIAL IMPACT:
Funding for this project has been approved as the Kipling Pedestnan Improvements Ime Item of the
2005 CapItal Improvements Program budget in the amount of $200,000.00.
RECOMMENDED MOTION:
"I move that Xcel Energy be authonzed to underground the overhead utilities and to eonstruct
pedestrian lighting in the not to exceed amount of$79,330.99.
1_
I further move that all costs assocIated with this contract be paid from account number 30-302-800-
842, and that these funds be encumbered for the length of the project in accordance with Ordmance
#787, 1989 Series."
or,
"I move to deny the authorization to Xcel to underground the overhead utilities and to construct the
pedestrian lIghting for the following reason( s) "
Report Prepared by'
Reviewed by'
Steve Nguyen, Engineenng Manager
Tim Paranto, Director of Public Works
Linda Trimble, Purchaslg Agent
Attachments:
I. 2005 Capital Investment Program Description
2. Xcel Energy Letter
-I
Capital Investment Program
3.
Hotel/Motel District Pedestrian Improvements
2005 Budget: $200,000
Description: A portlOn ofthe east sIde ofKiplmg Street south ofI -70 and thc South 1- 70
Frontage Road will be Improved by mstallation of sidcwalks and pedestrIan lightmg. This proJcct
will be financed WIth HoteVMotel tax funds and IS the second of a multI-year program.
Justification: KIpling Street and the South 1-70 Frontagc Road do not have continuous sidewalks
allowmg pedestrian travel wlthm thIS portIOn ofthc HotcVMotcl distrIct.
4.
46th Ave.-I70, Estes-Carr Major Street Improvement
2005 Budget: $750,000
Description: This proJect consists of mstallatlOn of StOffi1 sewer and reeonstruetion of the street
scctlOn. ThIS is the second of a multI-year program for thc area.
Justification: This nClghborhood has very poor dramagc, whIch has resulted in dIstorted curbhnes
and failed pavcment scctlOns.
5.
Public Improvements Projects, Development Driven
2005 Budget: $75,000
Description: Up-commg developments may reqUIre CIty- financed strcet improvements.
Justification: Contmgent fundmg should be provided for spccial project nccds.
6.
Street Light Installation
2005 Budgct: $5,000
Description: Installation of new strecthghts rcquested by cItIzens or recommended by thc
department and approved by the CIty
Justification: New strect Iightmg is provided to accommodate areas ofthc City WhICh rcquire
addItIOnal IIghtmg for safety or as otherwIse justified by the City
7.
Street Preventative Maintenance Projects
2005 Budget: $900,000
Description: The annual strcet preventative mamtcnance work and costs are as follows.
Conercte replacement area:
Northwest area of the City between 1-70 and KIpling St.
from Clear Creek north to CIty limIts
$200,000
Asphalt patching and overlay area:
32m1 Avenue, Kiplmg to Simms
38th Avenue, Sheridan to Wadsworth
48th Avenuc, Harlan to Marshall
Marshall Street, Harlan to North City LImits
$500,000
ATTACHMENT 1
189
_ (l Xcel Energy'"
5460 West 60th Avenue
Arvada. Colorado 80003
February 19, 2005
Jon Reynolds, P.E.
City of Wheat Ridge
7500 W. 29th Ave.
Wheat Ridge, CO 80033
Re: 1-70 S. Frontage Rd. at Kipling.
Dear Mr. Reynolds:
I have completed the design and estimate for converting overhead electric
lines to underground and installing pedestrian lighting along the 1-70 S.
Frontage Road east and west from Kipling St. The cost breaks down as
follows:
Convert overhead lines to underground $55,264.60
Install 9 pedestrian lights per plan 24,066.39
Total due $79,330.99
(A construction allowance of $5,760 has been deducted from the cost of the
pedestrian lights. Cost does not include any work on phone or CATV
facilities.)
Please return payment to me at the address above. Upon receipt of your
purchase order, I will notify our construction department to schedule this
work. At this time it is anticipated that construction will begin the week of
March 28, 2005 and take approximately 30 days to complete.
If you have any questions, please contact me at 303-425-3889 or bye-mail
at jim.steck@xcelenergy.com. Thank you for the opportunity to be of
service.
Sincerely,
t::cener
North Metro Region
ATTACHMENT 2
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<.)
ITEM NO' ~I
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
February 28, 2005
TITLE:
RESOLUTION 12-2005: A RESOLUTION IN SUPPORT OF THE
GREA T OUTDOOR COLORADO GRANT APPLICATION FOR
FUNDS TO RECONSTRUCT THE STEVENS ELEMENTARY
SCHOOL PLAYGROUND
o PUBLIC HEARING
o BIDS/MOTIONS
[g] RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date: _)
o ORDINANCES FOR 2ND READING
Quasi-Judicial'
o
Yes
[g]
No
City M~ '~
EXECUTIVE SUMMARY:
Stevens Elementary School has approached the City of Wheat RIdge to partner in applying for a Great
Outdoors Colorado (GOCO) grant for playground equipment replacement at the school The school
has two large areas located behmd th.: sehool available for equipment. The CIty and the school district
entered mto a jomt venture project to develop balIfields on site at the time Wheat RIdge Middle
School and Stevens Elementary School were reconstructed. The playground equipment at the
elementary school was not replaced during the ballfield project. The equipment is sparse, outdated
and does not serve the special needs students at the school. Historically the City has matched funds
for area school playground replacements in amounts ranging from $20,000 - $25,000. These
playgrounds and school site development projects proVIde neighborhood parks for residents.
COMMISSION/BOARD RECOMMENDATION:
Motion of support for this project by the Parks and Recreation CommiSSIOn at the February 16,2005
meeting.
STATEMENT OF THE ISSUES:
This proJect IS budgeted m the 2005 Conservation Trust Fund Budget in the amount of$75,000 The
actual CIty mateh IS $25,000, the school itself has raised $10,000 and the remainder of the funds will
be requested through the grant. The school dIstrict is also supplymg in-kind constructIOn labor for a
portion of the proJect. Only local governments may apply for GOCO grants. There are two grant
cycles per year The due date for this cyele is March 4, 2005 The City of Wheat Ridge has applied
for the same project in prevIous years. If awarded this year, the project can be designed and
constructed in 2005 If the project is not awarded a grant, it is important to continually apply, as
sometimes it is necessary to apply more than onee under the coneept of "getting in line" The
Kullerstrand Elementary playground was partially funded by a GOCO grant and the Parks and
Recreation Department has provided matching funds for playgrounds at Martensen Elementary,
Prospect Valley Elementary, Kullerstand Elementary and Pennington Elementary. These sites are also
considered neIghborhood parks. The Stevens site is the only site between Harlan and Wadsworth, 44th
and 38th that provides playground equipment.
AL TERN A TIVES CONSIDERED:
To not support the resolution for the grant applicatIOn.
FINANCIAL IMPACT:
The financial impact includes the matching funds in the amount of$25,000. from the Conservation
Trust Fund. The Conservation Trust Funds lottery dollars are distributed by a per capita formula and
by legIslation and may only be spent on Park and Recreation projects. Other financial impacts include
in-kind administration services of the Parks and Recreation Director.
RECOMMENDED MOTION:
1-
"I move to approve Resolution 12-2005 In Support of the Great Outdoor Colorado Grant Application
for Funds to Reconstruct the Stevens Elementary School Playground, and if the grant is awarded to
dIrect the Mayor to sign the Intergovernmental Agreement (IGA) for the project."
or,
"I move to table indefinitely ResolutIOn 12-2005 In Support of the Great Outdoor Colorado Grant
Application for Funds to Reconstruct the Stevens Elementary School Playground."
Report Prepared by:
Reviewed by'
Joyce Manwaring, Parks and Recreation DIrector
Randy Young, City Manager
Attachments:
I. Resolution 12-2005
050228 caffor slevens 2005
1_
RESOLUTION NO. 12
SERIES OF 2005
TITLE:
A RESOLUTION IN SUPPORT OF THE GREAT
OUTDOOR COLORADO GRANT APPLICATION FOR
FUNDS TO RECONSTRUCT THE STEVENS
ELEMENTARY SCHOOL PLAYGROUND
WHEREAS, the Wheat Ridge City Park Master Plan Goals call for a balanced
and equitable park and recreation system responsive to all age groups and user groups;
and
WHEREAS, there IS a demand for playground areas within the CIty, and
WHEREAS, Jefferson County R-l School District and Stevens Elementary
School desire to reconstruct the playground at Stevens Elementary School site; and
WHEREAS, the City of Wheat Ridge desires to assist with the reconstructIOn of
the playground at the Stevens Elementary School site, and
WHEREAS, the CIty of Wheat RIdge will be the applIcant to Great Outdoors
Colorado for grant funding; and
WHEREAS, the City shall admmister the GOCO grant in accordanee with
proVIsions of GO CO grant agreement contract number 9243; and
WHEREAS, the City may observe eonstructlOn of all on-site development
Improvements at its dIscretion. The City may notify the District in wnting of any
concerns, and
WHEREAS, the playground will be open to the publIc, thereby meetmg the parks
and recreatIOn needs of the commumty; and
WHEREAS, Amendment 8 was passed by the Colorado voters in November,
1993, establishing Great Outdoors Colorado and designatmg lottery proceeds as a
funding mechanIsm for park.s and recreation projects. Therefore, GOCO establIshed a
grant program for local governments to meet the parks and recreational needs of
communities.
ATTACHMENT 1
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF WHEAT RIDGE
CITY COUNCIL to support the grant applIcation to Great Outdoors Colorado for the
Stevens Elementary School Playground Reconstruction.
DONE AND RESOLVED THIS 28rd DAY OF FEBRUARY, 2005
Attest:
Gretchen Cerveny, Mayor
Pam Anderson, City Clerk
ITEM NO _I,J).
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
TITLE:
RESOLUTION 11-2005: A RESOLUTION SUPPORTING THE
CREATION OF THE ROCKY FLATS COLD WAR MUSEUM.
o PUBLIC HEARING
o BIDS/MOTIONS
[gl RESOLUTIONS
o ORDINANCES FOR I ST READING (Date _)
o ORDINANCES FOR 2ND READING
Quasi-Judicial:
o
Yes
[gl
No
~~~
CitYM~4
EXECUTIVE SUMMARY:
At the February 2, 2005 Study Session Mayor Gretchen Cerveny submitted a proposed resolutIOn of
support to CIty Council for the creation of a Cold War Museum at the former site ofthe Rocky Flats
Nuclear Weapons Plant. The museum would memorialize and document the workers and hlstonc,
sClentIfic, and envlfonmental legacIes of Rocky Flats since 1951 The museum would have the
potentIal to be a tourist attraction and center for research and edueation for nearby schools and
colleges.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
Bob Nelson, Mayor Pro-tem of Golden, Colorado and Viee President of the Rocky Flats Museum
Board of DIrectors, is requestmg that the Wheat Rldge City Council considers and pass the resolution
of support. There are members ofthe CItizen AdVISOry Board on the Museum Board of Directors. This
resolution was recently passed by the Golden City Council. It is part of an on-going effort by the non-
profit group to solicit the federal government to assist in fundmg the museum. The group is not
expecting the CIty to contribute financially to the effort. Attached is a press release outlimng the
project. The Department of Energy IS evaluating their role in the project, and the Dlvlsion ofFish and
Wildlife, the agency that will operate the Rocky Flats National Wildhfe Refuge site, is supportmg the
museum effort.
ALTERNATIVES CONSIDERED:
Do not adopt ResolutIOn 11-2005
FINANCIAL IMPACT:
N/A
RECOMMENDED MOTION:
"I move to adopt Resolution 11-2005 SUPPORTING THE CREATION OF THE ROCKY
FLATS COLD WAR MUSEUM."
or,
"I move to deny the adoption of ResolutIOn
for the following reasons
"
Attachments:
1 Resolution 11-2005.
2. Mayor Cerveny Memo dated February 2,2005.
3 Rocky Flats Cold War Museum Press Release dated August 21,2003.
4. Serres of emmls between Mayor Cerveny and the Hon. Bob Nelson.
Report By' Pam Anderson, City Clerk
Reviewed By Randy Young, CIty Manager
pa:pa
RESOLUTION NO. ---11---2005
SERIES of 2005
TITLE:
A RESOLUTION OF THE WHEAT RIDGE CITY COUNCIL
SUPPORTING THE CREATION OF THE ROCKY FLATS COLD WAR
MUSEUM AT THE FORMER PLANT SITE.
WHEREAS, the Santa Fe Operations Office of the U S Atomic Energy
Commission selected the Rocky Flats site for Project APPLE March 27, 1951, and
WHEREAS, the former Rocky Flats nuclear weapons plant was built in 1951 in
northern Jefferson County to produce the essential components of nearly every nuclear
weapon in the U S. arsenal as part of the nation's Nuclear Weapons Complex until
production ceased in 1989; and
WHEREAS, Rocky Flats was an important part of the local, national and
international history of the Cold War, the central conflict of the second half of the 20th
century in which two superpowers, the United States and the former Soviet Union,
developed nuclear weapons and political alliances to protect their interests; and
WHEREAS, Rocky Flats provided a variety of good, stable jobs and economic
development in the northwest Denver Metropolitan area for 50-some years during the
plant's operation and subsequent closure and cleanup, and
WHEREAS, the cities and counties near the plant were involved with emergency
response planning and annual exercises to be prepared in the event of accidental
contaminant releases from Rocky Flats, and
WHEREAS, conflicts surrounding the Rocky Flats' mission, activities and
potential health and environmental impacts on surrounding communities dominated
news media coverage for decades, which sometimes affected officials and residents
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge
Section 1 That we support the concept of the Rocky Flats Cold War Museum
remembering workers, documenting the historic, scientific and environmental legacies
of Rocky Flats, and acknowledging the significant impact it had on nearby communities,
the state, the country and the world
Section 2. That we support the collection of Rocky Flats artifacts and oral
histories to preserve the multi-faceted history of this site
ATTACHMENT 1
Section 3. That we support locating such a museum at the Rocky Flats site
where a wildlife refuge will be established
Section 4. That we acknowledge the potential for such a museum to be a tourist
attraction and center for research and education for nearby schools and colleges.
DONE AND RESOLVED on this
day of
,2005
Gretchen Cerveny, Mayor
ATTEST
Pamela Y. Anderson, City Clerk
City of Wheat Ridge
Office of the Mayor
Memorandum
STUDY SESSION
Item 5.
Feb 2005
TO'
Council
FROM.
Mayor Gretchen Cerve
DATE
February 2,2005
SUBJECT
Rocky Flats Museum
As I mentioned last Monday, Bob Nelson, Mayor Pro-Tern of Golden, approached me about Council
passing a resolution supporting the Rocky Flats Cold War Museum. The museum would tell about the
history of the Cold War and Rocky Flats. Bob would like a copy of the resolution sent to Congressman
Mark Udall, Bob Beauprez, Tom Tancrado, and Senators Wayne Allard and Ken Salazar Congressman
Udall and Senator Allard were instrumental in getting Rocky Flats designated as a wildlife refuge.
The Golden City Council did pass a resolution of support. A copy of Golden' s resolution along with
Bob's original letter as well as a copy of the e-mail in which he answered some of my questions is in this
packet.
Bob also serves on the community collation which has been working with the Federal Government for
years to get Rocky Flats cleaned up, so he is very knowledgeable about the area.
I also have enclosed his e-mail back to me stating that there is a 501c-3 organization working on the
concept of a Rocky Flats Museum. They are not expecting any money from Wheat Ridge.
I have also attached some of the information from the web page including the press release on the
completion of the feasibility study for creation of the Rocky Flats Cold War Museum.
Bob has offered to come to a Council meeting to answer any questions. Let me know if you would like
him to attend our study session on February 7th. 303.233 1506
Thank you for your consideration.
ATTACHMENT 2
JAN-24-2005 MON 02:57 PM JEFFCO CORONER'S OFFICE
FAX NO. 3032716488
P. 01
24 January, 2005
Mayor Gretehen Cerveny
7500 W. 29th Avenue
Wheat Ridge, Co 80033
Dear Mayor Cerveny,
Attached. is a copy of a resolution, recently passed by the Golden City Council, that
supports the creation of a cold war museum at the Rocky Flats site.
I am requesting the Wheat Ridge City Couneil to pass a similar resolutIon by mid
February if possible. I would be happy to attend a council meeting and explain the i;sue
to your council if you think. that would be a good idea.
If you could pass this resolution and fax a copy of your resolution to Congressmen Mark
Udall, Tom TarICTedO, Bob Beauprez and Senators Wayne Allard and Ken Salazar I
would be very grateful.
Thank you for your consideration in this effort.
Very truly yours,
~-
rrj ~
Bob Nelson, Mayor Pro-tern, City of Golden and vice president, Rocky Flats Cold War
Museum Board of Directors
~TTACHMENT 3
Rocky Flats Cold War Museum
For Immediate Release
Contact:
Steve Davis
Executive Director
303786.8018
(Images Available)
August 21, 2003
Rocky Flats Cold War Museum One Step Closer
Feasibility study now available on the Web at www.rockvflatscoldwarmuseum.orl!:
The Rocky Flats Cold War Museum board of directors today released findings ofa
comprehensive feasibility study conducted by an internationally recognized consulting team.
This study concludes that a facility commemorating the former nuclear weapons production plant
located 16 miles northwest of Denver is economically viable, and would attract from 88,000-
110,000 visitors each year.
Informal Learning Experiences, Inc. of Washington D.C. spent December 2002 through July
2003 analyzing the potential for developing a museum related to the Rocky Flats Environmental
Technology Site, which is now undergoing cleanup and closure. The target date for site closure is
late in 2006, after which most of the site will become a National Wildlife Refuge.
Museum consultants met with over 70 leaders in the Denver area to review interests and concerns
about Rocky Flats, attended related meetings, researched other local cultural attractions, reviewed
socioeconomic data in the region, and visited "nuclear" museums in other states. Key findings of
the feasibility and scoping study are.
· The museum should be located on or near the site of the Rocky Flats National Wildlife
Refuge (the preferred museum site is the current visitors' center located at the west
entrance to Rocky Flats site on State Highway 93).
. The museum should open in 2006 to coincide with official scheduled closing of the
Rocky Flats site and its transfer to the U.S. Fish and Wildlife Service for operation of the
refuge.
· Exhibits should commemorate and interpret Rocky Flats events in ways that are sensitive
to the diverse perspectives of its history, as well as serving as a forum where the public
can monitor the ongoing environmental and social legacies of the plant.
. Capital costs are estimated at $10-13 million for the planned facility that will include
approximately 20,000 square feet of immersive and multimedia exhibits.
1_
This comprehensive study provides critical infonnation necessary for the planning,
implementation and ongoing management of the museum, according to Steve Davis, Executive
Director "The Rocky Flats story is one of the most fascinating and multifaceted historical and
technological sagas of the 20th century That history-and its legacies-will finally be presented
through a comprehensive set of exhibits and educational programs that will appeal to people of all
ages "
The Rocky Flats nuclear weapons plant site has had local, national, and global significance since
it was built more than 50 years ago. The plant, its employees, and regional community activists
played an integral historical role during the Cold War-the defining geopolitical struggle of the
second half of the 20th century
Federal legislation sponsored by U.S. Senator Wayne and U.S. Congressman Mark Udall (signed
into law in 2001) designates Rocky Flats as a National Wildlife Refuge, and includes a provision
to develop a museum to commemorate the historical, scientific and envirorunental legacy of the
site.
Sen. Allard stated, "1 am pleased to see the vision of the Rocky Flats Museum coming to fruition.
Many individuals and communities have worked hard to ensure that we never forget the
commitment to freedom that the Cold War Veterans have given, and this museum is one way to
keep that spirit alive. I'm looking forward to working with the museum board in the future and
seeing what their final plan will entail."
Congressman Udall said, "As Rocky Flats is transformed into a sanctuary for wildlife and open
space amenities, we must not forget the hard work, and in some regrettable cases the sacrifices, of
the many people who have worked there to ensure our national security. Rocky Flats has been
a very important part of the economy, the communities and the landscape of this north Denver
area, and this museum will be an important facility to commemorate that legacy while also
promoting understanding, learning and remembering of this aspect of our state's and the nation's
history "
In 2000, a variety of interested stakeholders began the process of creating a non-profit
organization devoted to developing the museum. Kaiser-Hill, the lead contractor to the U.S
Department of Energy which owns Rocky Flats, provided a $150,000 planning grant for efforts
including the feasibility study Museum board members have been collecting Rocky Flats
artifacts and have begun an ambitious oral history project to capture the stories of plant workers,
retirees, activists, and others involved with the often-controversial site. The board will now
concentrate on fundraising and master planning for the facility and its programs. For infonnation
or to volunteer to help with the museum project, please contact Steve Davis at (303) 786-8018 or
visit the web site at www.rockyflatscoldwarmuseum.org.
###
Page I of2
Gretchen Cerveny
From: Joyce or Bob Nelson [joyceandbob@earthlink.net]
Sent: Monday, January 31,20058'54 AM
To: Gretchen Cerveny
Subject: RE. rocky flats museum
Hi Gretchen,
And thanks for your efforts to get this issue passed through your council.
What the resolution does, if your council approves it is add fuel to the efforts to build a museum at the site. We
are actually targeting one of the two buildings that are next to highway 93 at the west access road to the plant
site.
There has been an ongoing effort to get the federal government to fund a museum at tha site and your resolution
would add impetus to the effort. We do not expect the city of Wheatb Ridge to contribute to the effort financially
There is a 501 c-3 group that has been working on the project for several years and we are just trying to get more
moral support from the communities that are in the area and that have had residents that actually worked at the
site over the years
There will not be any buildings added to the site unless the U S Fish ans Wildlife group decides to build a visitor
center far in the future When the site is closed and all the buildings are demolished, Later this year, the site will
be turned over to USFW and will become a wildlife refuge. Very limited access will occur over the next five to ten
years as USFW decides how to implement thier plans and how to fund it.
The group that is promoting the cold war museum at the site is the Rocky Flats Cold War Museum board of
directors, (I am the vice president ofthe group this year) andyou can see what we are all about at out web site
www.rockyflatscol,Qwarmuse.\]m.orq
Thanks agin for your help Gretchen. And if you think it would be benificial, I will gladly come to your next council
meeting and talk with your council and answer any question that they may have.
Be safe, Bob
- ---- Original Message -----
From: GJetc~n Cerve_ny
To: bnelson@cLqolden G.o~u?
Sent: 1/28/2005 5 38 41 PM
Subject: rocky flats museum
Bob council had some questions
Is this just permission to have a museum or asking the federal government to fund it?
Does passing this resolution assume that the City of Wheat ridge will contribute money to building the
museum?
Has a 501 c-3 organization been set up to build and manage the museum or do you need permission
from the Federal Government to build before you can raise any money?
What implications does building on the rocky flats ground have for other buildings being built. I thought
there was a huge controversy about allowing any buildings on the former site?
ATTACHMENT 4
1/31/2005
Pam Anderson
From:
Sent:
To:
Cc:
Subject:
Gretchen Cerveny
Monday, February 14, 2005 10'36 PM
'joyceandbob@earthlinknet'
Pam Anderson
FW FW' Rocky Flats Museum
I dunk that tlus nught mean I can put It on the Feb 28th agenda gretchen
Mayor Gretchen Cerveny
Clty of Wheat fudge
7500 West 29th Ave.
Wheat fudge, CO 80033
VOlce 303.235.2800
V Olee home 303.233.1506
fax home 303.233 4668
-----Ongmal Message-----
From: Karen Berry (mailto.khberry26@hotmail.com)
Sent: Sunday, Pebruary 13,20056'17 PM
To Gretchen Cerveny
SubJect. RE: FW. Rocky Flats Museum
Gretchen:
Thanks for gettlng more mformarion. I thought they were probably gomg to use eXlsltng facilitles
but wanted to make sure and I don't have any other questlons or concerns.
FYI, there arc rare plant commurutes Just east of Hwy 93, and dlsturblllg any new areas was a
concern.
Thanks agalll,
Karen
>From. "Gretchen Cerveny" <gretchen@Cl.wheatndge.co us>
>1'0
> <egokey@comcast.net>,<Jerrydltullio@comcast.net>, <klpa@comcast.net>,"Ka
>ren Berry" <khberry26@hotmail.com> ,"Larry Schuh"
><CouncillorSchulz@comcast.net> ,"Wanda Sang" <Sang)w@aol.com>
>CC: "Pam Anderson" <panderson@ci.wheatndge.co.us>
>SubJect: FW: Rocky Flats Museum
>Date'Sat 12 Feb 2005114944 -0700
,
> MIME- V erSlOn: 1 0
> Received: from srv-Cl-exg-OOl Wheatndge.1ocal ([65 114.209 11]) by
1-
1
>MC6-F29.hotmau.com Wlth Microsoft SMTPSVC(6 0 3790.211), Sat, 12 Feb
>2005
> 10,52.19 -0800
- >X-Message-Info' JGTYoYF78jEgPEo90DRFFLvq/JzJePYxCL18grY+tOE=
>Content-class' urn.content-classes:message
> X-Mime OLE: Produced By Microsoft Exchange V6.5.6944 0
>X-MS-Has-Attach: X-MS-TNEF-Corrclator: Thread-Toplc Rocky Flats Museum
>'1'hread, Index: AcUPIPzKtLjEJ wUNRNlw6DgL5IU6dwCEl6pQ
> Return-Path: gretchen@c1.wheatndge.co.us
>X-OnglOalArnvaITime: 12 Feb 200518'52:190376 (UTC)
>FILETIME=[FA821300'01C51133]
>
>ThlS 1S the latest e-mail from Bob Nelson re the Cold \'Var Museum. I
>Wlll check Wlth Lena to see 1f there 1S any ume m a study seSSlOn to
>further d1SCUSS th1s. gretchen
>
> Mayor Gretchen Cerveny
>C1ty of Wheat fudge
>7500 West 29th Ave.
>Wheat RIdge, CO 80033
>VOlce 303.235.2800
>VOlce home 303.2331506
>fax home 303.233 4668
>
>
>From: Joyce or Bob Nelson [mailto:Joyceandbob@earthhnk.net]
>Sent. Wednesday, February 09, 20058.34 PM
>'1'0' Gretchen Cerveny
>Subject: RE: Rocky Flats Museum
>
> H1 j\gam,
>
>\Y/ell, let's see 1f! can get It nght th1S time. The actual boundry
>foy the wildhfe refuge starts about 1/4 of a mile east of lughway 93,
>(where the mam gate IS now) The museum, as planned will occupy the
>V1Sltor center that 1S much closer to the lughway There are two
> bUllchngs next to the lughway now, and the museum would use the one
>closest to the h1ghway. The other builchng 1S a warehouse type
> buildmg and will be put on the market for sale sometime within the
>next few months. (Wanna buy 1t?)
>
> When 1S your next council meetlOg? Perhaps I can be there and help the
->process along I'm havmg sunilar problems and questions with the
> Lakewood council.
2
>
> Thanks agam. Bob
>
>
> ----- Ongmal Message -----
> From: Gretchen Cerveny <mailto:gretchen@c1.wheatndge.co us>
> To: Joyceandbob@earthl1nk.net
> Sent: 2/9/20051:18'52 PM
> Subject: RE: Rocky Flats Museum
>
> Thanks Bob However thelr question was more lf the museum fit lnto
>the land use part of the master plan of the CWzen AdVlsory Board?
> Thanks agam gretchen
>
> Mayor Gretchen Cerveny
> Clty of Wheat RIdge
> 7500 West 29th Ave.
> Wheat RIdge, CO 80033
> VOKe 303.235.2800
> Voice home 303.233 1506
> fax home 303.233 4668
>
>
>
> From. Joyce or Bob Nelson [mailto'Joyceandbob@earthhnk.net)
> Sent: Wednesday, February 09, 20057:50 AM
> To' Gretchen Cerveny
> Subject. RE: Rocky Flats Museum
>
> Hl Gretchen,
>
> The master plan for the museum lS sWlln the formation stages, but I
>can assure you that all sides of the nuclear mdustry will be displayed
>at the museum. We have members of the Peace and Justice Center and
>members of the CitiZen AdVlsory Board on our board of duectors When
>the museum lS up and runiling lt will tell the story of the nuclear
>mdustry from the lilitial developement stages to the present. It will
>also depict the methodology for the selection of the Rocky Flats slte.
>
> FundlOg for the museum lS also m the early stages. The Department of
> Energy has a spin off group that has Just been formed lO the past year.
> It lS called Legacy Management and they are still trylOg to figure out
>thelr role lO the museum arena. They will be charged with
>Custodlanslup of all the museums 10 the DOE complex. (There are about
3
>clght museums m the process today)
>
'>
The Dlvlslon of Fish and Wildhfe supports thc museum effort totally
-..>
> Thanks agam, and be safe. Bob
>
>
> ----- Onginal Message -----
> From: Gretchcn Cerveny
><mailto.gretchen@c1.wheatndge.co us>
> To. Joyceandbob@earthltnk.net
> Sent: 2/8/20052:49.51 PM
> Subject: Rocky Flats Museum
>
> Questlon from Council - many ClUzens have worked on a master plan
>for the whole sHe - does the museum plan fit 111to the master plan?
> Are you hopmg that the feds give you the VISitor center bwldmg so
>you can take it from there? Is the museum plan OK Wlth the
> DlV1SlOn of Wildhfe? Thanks gretchen
>
>
>
Mayor Gretchen Cerveny
Clty of Wheat Ridge
7500 West 29th Ave.
Wheat fudge, CO 80033
votce 303.235.2800
V otce homc 303.233 1506
fax home 303.233 4668
>
>
>
>
>
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4
ITEM NO'
;;2,
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
February 28, 2005
TITLE:
RESOLUTION NO. 13-2005, A RESOLUTION ADOPTING
AMENDMENTS TO THE CITY OF WHEA T RIDGE
COMPREHENSIVE PLAN (CASE NO. WPA-05-01)
r8J PUBLIC HEARING
o BIDS/MOTIONS
r8J RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date: _)
o ORDINANCES FOR 2ND READING
QuasI-Judicial' 0 r8J
Yes No
~#t-
Community Development Director
City ~C)...;)~
EXECUTIVE SUMMARY:
On February 23, 2004, CouncIl adopted amendments to the City of Wheat Ridge ComprehensIve
Plan These amendments extended the City's plannmg or growth area to the area bounded by 1-70,
W 320d Avenue, McIntyre Street, and W 44th Avenue The other amendment was a reviSIOn to
Chapter 7 concernmg regional cooperatIOn.
State annex.atlOn law reqUIres that a mUnIcipality have in place a plan for any areas considered for
annexation. Such plan may extend up to three rmles from the municipality's boundary. The law
also reqUIres the plan to be adopted annually
A publIc hearing on the amendments scheduled for Planning CommIssion action on February 17,
2005 The CommIssion recommended approval with amendments.
COMMISSIONIBOARD RECOMMENDATION:
At a pubhc hearing held on February 17,2005, the Planning Comrmssion recommended approval WIth
amendments. The amendments are lIsted below and are referenced to paragraphs in the addendum that
are noted with shading. The Planning CommIssion recommended amendments have not been
incorporated mto the addendum. The amendments are shown below using bold and strikeout in the
shaded areas to indicate the recommended changes.
1 Page 4, second paragraph:
ThIS entaIls relocating the current eastbound on-off ramp at 38th A venue to the south and
relocatmg the eastbound on-off ramps pair at Ward Road 44th Avenue to the east. Timing of
these Improvements IS currently uncertain.
2. Page 4, paragraph 5:
Because of mmlmum spacmg requirements, no new interchanges are proposed for 1-70. afld SH
~ An interchange to access this area more directly from SH58 between 1-70 and McIntyre
Street would be desirable. <Also show graphically on Map 3 an arrow and note mdicating access
at a general location from SH58 south mto the area.)
3 Page 6, Insert new paragraph:
Prospect Recreation and Park District currently serves the area. The City, the District, and
any potential developer should enter into agreements regarding the District's potential loss
of property tax revenue.
4 Page 8, 1 sl paragraph under Trails.
A connection between 32nd A venue and the Clear Creek traIl IS proposed. A potential trail
connection on the east side of the planning area from 32nd A venue to Clear Creek is shown
conceptually. This connection may follow the current Y oungfield Service Road or be located
in a new alignment.
STATEMENT OF THE ISSUES:
The ComprehensIve Plan addendum adopted m 2004 identIfies areas of potential development outSIde
the City's boundanes. The City must have a plan in place pnor to considenng any annexatIOn outsIde
Its boundaries and thIS plan must be adopted annually.
The 2005 Addendum IS essentIally the same as adopted in 2004 with the following changes:
1. The tItle of Map 1 has been changed to Plannmg/Growth Area Map.
2. The Open Space deSIgnatIOn has been added along the Clear Creek Corridor on the Future
Land Use Map, Map 2 and the Open Space and Trails Map, Map 4.
3. The extensIOn of Eldndge south of 44th Avenue to the 32nd/McIntyre collector has been
deleted on the Roadway ClassificatIOn Map, Map 3.
4 A potential trail connectIOn IS shown on Map 4 to connect the 32nd A venue trail to the
Clear Creek Trail.
Accompanymg text has been changed accordingly
l\srv-ci-eng-OOIluserslawhitelAlI FileslCOMP PLANI200S Amendments CAF.doc
The City has very lImited areas for future development and redevelopment. Redevelopment on infill
sites IS increasingly dIfficult. The urban growth boundary represented in the amendment IS the City's
only potential growth area. As such, It represents an area for tax base and employment expansIOn
PotentIal loss of property tax base IS a major concern of Prospect Recreation and Park Distnct. The
attached letter from the District explaInS the Issue Planmng CommissIOn amendment # 3 above
addresses this Issue. Famnount Improvement AssociatIOn also submitted a letter which is attached
requesting clanficatlOn of certam sections. Planmng CommissIOn amendments # 1 and #4 address
these clarifications. Plannmg Commission amendment #2 was mcluded to address their concern for
provIding addItIOnal access to the area. While this access may have a slim chance ofbemg approved,
It does no harm to Include it In the addendum.
AL TERNA TIVES CONSIDERED:
1. Do not adopt the amendments.
FINANCIAL IMPACT:
There IS no dIrect finanCIal impact m adoptmg the amendments. There may be potentIal future
revenue generated by any development occumng withIn the proposed urban growth boundary, but
there wIll also be Impacts of providIng services and mfrastructure to serve that development. The
deCision to annex any such development IS discretionary, but the deciSIOn should be gUided by
weighing the potentlal benefits to the CIty against the potent13l costs.
RECOMMENDED MOTIONS:
Option 1: Adopt the Plan as presented in the packet without any amendments:
"I move to adopt Resolution No 11-700~ , a resolution adoptmg amendments to the Wheat RIdge
ComprehensIve Plan."
Option 2: Adopt the Plan with the Planning Commission suggested amendments, or some of
them:
"I move to adopt Resolution No 13-2005 , a resolution adoptmg amendments to the Wheat RIdge
ComprehensIve Plan WIth the following amendments.
1 ,;'Page 4, second paragraph, modify the 4th sentence to read as follows:
Tills entails relocating the current eastbound on-off ramp at 38th Avenue to the south and
relocatIDg the on-off ramp pair at 44th A venue to the east.
2. Page 4, paragraph 5, modify second sentence to read as follows
\\srv -ci-eng~OOl\users\awhite\A.1I Files\COMP PLAN\2005 Amendments CAF.doc
;u ~'''C
~~. ofminimtlm spacing requirements, no new interchanges are proposed for 1-70. An
~~~llDge to access this area more directly from SH.5& between 1-70 and McIntyre Street would
1'" ;..:\"
~rable. (Also show graphically on Map J an arrow and note mdlcatmg access at a'geneJ;Ql,.
~on from SH58 south into the area.) "
3. Page 6, msert new paragraph under Future Service ProvisIOn:
*
cv.d ~ f~~~
Prospect Recreation and Park Distnct currently serves the area. The City, the District, and any A
potential developer should eRter iRt9 :agreel+ll:Rts regardmg the Distnct' s potential loss of property
tax revenue. ~ '^^ tt.--.
4 Page 8, 151 paragraph under Trails, add the followmg sentence:
A potentIal traIl connectIOn on the east sIde of the plannmg area from 32nd A venue to Clear Creek
IS shown conceptually ThIS connectIOn may follow the current Y oungfield Service Road or be
located in a new alIgnment.
Option 3: Do not adopt the addendum:
"I move to deny adoption of ResolutIOn No
13-2005
Report Prepared by: Alan WhIte, CommuDlty Development DIrector
Attachments:
1. Planning Commission resolution
2. Plannmg CommIssion memorandum
3 Proposed ComprehensIVe Plan addendum
4. Letter from Prospect Recreation and Park District
5 Letter from Fairmount Improvement Association
6 ResolutIOn No. 11-?OO~
\\srv-ci-eng-OOl\users\awhite\All Files\COMP PLA..N\2005 Amendments CAF.doc
CITY OF WHEA T RIDGE PLAI'o~INJ COMMISSION
RESOLUTION NO.
Series of 2005
A RESOLUTION CONCERNING ADOPTION OF AN AMEI\'D~1ENT TO THE
WHEAT RIDGE COMPREHENSIVE PLAN AI\'D FORW ARDING SAID
RECOMMENDA TION TO THE WHEAT RIDGE CITY COUNCIL.
WHEREAS, the CIty of Wheat RIdge adopted a Comprehensive Plan on October 25,
1999 and amendments were consIdered and adopted on January 24, 2000; and
WHEREAS, c.R.S 31-23-206 (2) proVIdes that the ComprehensIve Plan may be
amended by the CIty from tIme to time, and
WHEREAS, the ComprehensIve Plan dId not lDclude any areas outsIde the corporate
lnruts of the CIty as IS perrrutted under state enablmg legIslation, and
WHEREAS, pnor to annexation, a CIty must have m place a plan for the area considered
for annexatIOn pursuant to c.R.S 31-12-105, and
WHEREAS, an addendum to the ComprehenSIve Plan was adopted by City CounCll on
February 23, 2004 adoptmg a growth area outsIde the city bmlts of the CIty; and
WHEREAS, It IS the deSire of the CIty to extend ItS ComprehenSIve Plan boundary
outsIde the corporate lImIts, and
WHEREAS, the Planmng COITIJTIJSSIOn held a public heanng as proVIded by SectIOn 2-
60(b) of the Wheat Ridge Code of Laws; legal notIce thereof being duly publIshed lD the Wheat
RIdge Transcnpt and High Timber Times on February /0 ,2005. saId public heanng held on
February 17, 2005
NOW, THEREFORE BE IT RESOLVED by the Wheat RIdge Plannmg CommISSIon
thIS 17th day of February, 2005:
1. The ComprehenSive Plan amendment attached heTeto as ExhIbIt A is recommended
fOT approval to the City Council.
2. A copy of thIS ResolutIon shall be forwarded to the City CounCIl
tL~
Secretary to the Co sSlon
G COMMISSION
A TIEST:
\\srv-6~g.ooI~lawlli\tVJl Files' A TT A C H M E NT 1
City of Wheat RIdge
Community Development Department
Memorandum
TO: Plannmg CommlssIon
FROM: Alan WhJte, Community Development DIrector ~
SUBJECT: Case No WPA 05-01, Comprehensive Plan Addendum
DA TE: February 4, 2005
Attached is a proposed addendum to the ComprehensIVe Plan The addendum extends the city
growth area or plannmg area outsIde the area outslde the Clty boundanes State statute reqUIres a
CIty to annually adopt a plan for areas outSIde ItS boundanes m order to annex any property
An addendum was adopted by CIty Council m February 2004. The growth area or planning area
adopted m the 2004 addendum IS as shown on Map 1 No changes to the area have been made for
thIS addendum.
There are minor changes to the addendum
The tltle of Map I has been changed to Plannmg/Growth Area Map
'1
The Open Space deSignatIOn has been added along the Clear Creek Comdor on the Future
Land Use Map, Map 2 and the Open Space and Tr31ls Map, Map 4
3
The extensIOn of Eldndge south of 44th A venue to the 32nd/McIntyre collector has been
deleted on the Roadway ClassIficatIOn Map, Map 3
4
A potential trail connectIon IS shown on Map 4 to connect the 32nd A venue trail to the Clear
Creek Trml
Accompanymg text has been changed accordmgly
Pnor to annexatIon, c.R.S. 31-12-105 reqUIres that a mUnicIpality have m place a plan for the area,
meluding proposed land uses. Such plan may extend up to three mIles from the mUniCIpalIty's
boundary, but It IS not reqUIred to.
Staff IS recommending approval of the resolution.
Suggested Motion: "I move to approve Resolution No. 05-01 "
ATTACHMENT 2
ADDENDUM TO THE CITY OF WHEAT RIDGE
COMPREHENSIVE PLAN
URBAN GROWTH AREA ADDITION
INTRODUCTION
This document serves as an addendum to the City's Comprehensive Plan adopted by
City Council on October 25, 1999. Amendments were considered and adopted on
January 24,2000.
The adopted Comprehensive Plan does not identify areas of potential development
outside the City's boundaries. The Plan contains a general discussion of areas of
potential annexation, but does not illustrate the areas on any maps or recommend any
future uses in these general areas. Prior to any annexation, C.R.S. 31-12-105
requires that a municipality have in place a plan for the area, including proposed land
uses Such plan may extend up to three miles from the municipality's boundary.
There are unincorporated areas to the northeast, north, west and southwest of the
current City boundaries. Areas to the northeast and north are primarily unincorporated
industrial or multi-family enclaves which, although eligible for annexation, present
questionable benefit to the City versus the costs of providing services A majority of
the area to the west of Ward Road north of 1-70 consists of established residential
neighborhoods, public uses (schools), and a cemetery. These uses provide little
benefit to the City compared to the costs of providing services. A large area west of 1-
70 between 32nd Avenue and Clear Creek is vacant and may provide development
opportunities of benefit to the City. Southwest of the City are commercial areas along
Youngfield and the established residential area of Applewood.
In the mid-1990's the City submitted to the Denver Regional Council of Governments
(DRCOG) its proposed urban growth boundary as part of the preparation of the
regional plan known as Metro Vision 2020. The identified urban growth area was
generally bounded by 1-70, W. 32nd Avenue, Mcintyre Street, and W 52nd Avenue.
Containing a little over two square miles, this area was not incorporated into the
Comprehensive Plan.
This Comprehensive Plan addendum addresses the potential urban growth area to the
west of the City The planning/urban growth area is generally bounded by 1-70, West
32nd Avenue, Mcintyre Street, and West 44th Avenue. The area subject to this
addendum is illustrated on Map 1. This area was submitted to DRCOG as the City's
urban growth boundary for the 2030 Metro Vision update. The addendum meets the
requirements of C. R.S. 31-12-105 of having a plan in place should the City consider
any annexations in this area.
ATTACHMENT 3
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LAND USE
Existing Land Use
Existing land uses in the urban growth area are varied. Along the north side of 32nd
Avenue are areas of low to medium density residential development. To the west of 1-
70 is industrial development along W. 44th Avenue and State Highway 58 A CDOT
maintenance facility is adjacent to SH58 at 1-70. The area to the west of 1-70 between
32nd Avenue and 44th Avenue contains a golf course, and several old gravel pits now
used for water storage. A majority of this land is vacant and undeveloped
Development Constraints
Few natural hazard areas are present in the planning area. The Clear Creek 100- and
500-year floodplains generally parallel SH58 in the center of the planning area. No
other natural hazards exist in the area.
1-70, SH 58, and Clear Creek present constraints to development by acting as barriers
to providing road, utility and other infrastructure improvements to the central portion of
the planning area. State and federal rules mandate where access can occur and the
manner in which rights-of-way may be crossed for installing utilities. Responding to
calls for service in the planning area is made more challenging by the restricted
access these barriers present.
County Plans
Because the urban growth area is currently unincorporated, Jefferson County has
jurisdiction over planning and zoning matters. The urban growth area lies within two
subareas the County has identified for planning purposes. The North Plains Plan
covers that portion of the urban growth area north of Clear Creek and the Central
Plains Plan covers the area to the south of Clear Creek.
Originally prepared in the late 1990's, the Central Plains Community Plan has recently
been updated The process of updating this plan included extensive public meetings.
These subarea plans show recommended land uses in the urban growth area as
residential in existing established residential neighborhoods. Applewood Golf Course
and Clear Creek are shown as major park/recreation/open space areas. The area
along W. 44th Avenue south to Clear Creek is recommended as mixed use areas
containing office, light industrial, retail, and residential (up to 15 du/ac) uses. The bulk
of the large, undeveloped area to the west of 1-70 is shown as industrial.
2
Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum
Future Land Use Map
The Future Land Use map reflects the recommended land uses for the area. The
recommended land uses were matched as closely as possible to the land use
categories contained in the Wheat Ridge Comprehensive Plan
The Future Land Use Map (Map 2) illustrates recommended land uses for the urban
growth area. The categories used and the definitions, desired character, and
attributes of the various land use categories shown are the same as defined in
Chapter 2 of the Comprehensive Plan and are hereby incorporated as a part of this
Addendum.
Future land uses for the planning area are shown on the Future Land Use Map on the
following page. The Plan establishes the following recommended land uses:
. Existing residential neighborhoods at the approximate density shown in the
County subarea plan, SF (4)
. Existing golf course parks, and the Clear Creek floodplain as parks and open
space
. Planned Business Park along W. 44th Avenue and south of SH58 to Clear
Creek
. The large, vacant area west of 1-70 between 32nd Avenue and Clear Creek as
Community Commercial
3
Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum
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TRANSPORTATION
The existing street network consists of the major north-south connectors of Youngfield
on the eastern border of the planning area and Mcintyre Street on the western border
East-west connectors are W 44th Avenue at the north and W 32nd Avenue to the
south
1-70 and State Highway 58 provide regional, limited access highway connections in
the area. The 1-70/SH58 interchange is currently a partial interchange with only
limited movements provided The Colorado Department of Transportation (CDOT)
has prepared plans for the completion of the movements at this interchange, making it
a full-movement interchange This entails relocating the current eastbound on-ramp at
38th Avenue to the south and relocating the eastbound on-off ramps at Ward Road to
the east. Timing of the construction of these improvements is currently uncertain.
Trails currently exist along Clear Creek from 1-70 west to Golden and along 32nd
Avenue from 1-70 west to Maple Grove Park.
Future Street Network
The future street network in the area will build upon the existing grid system of north-
south and east-west streets The roadway classifications in this plan are based upon
the recommendations of the Countywide Transportation Plan The proposed street
network for the area is shown on the Roadway Classification Map (Map 3)
Improvements to complete the 1-70/SH58 interchange movements are needed to
improve not only access to the area, but to increase mobility for the region Because
of minimum spacing requirements, no new interchanges are proposed for 1-70 and SH
58. Improvements to the 1-70/32nd Avenue interchange to increase capacity will be
needed
1-70 and SH58 will continue to serve the dual roles of providing access to the area and
carrying regional traffic.
Major east-west streets included in the future street network 32nd Avenue and 44th
Avenue Streets providing north-south connections are Ward Road, Youngfield Street,
and Mcintyre Street. A new connection from Mcintyre Street south of SH58 to the
Youngfield Service Road at 32nd Avenue is proposed An additional collector is
proposed to connect Youngfield to this Mclntyre/32nd Avenue collector with an
underpass at 1-70 This will provide an additional access to the Community
Commercial area
4
Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum
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Future Trails
The County community plans for the area show potential trails extending along W.
32nd Avenue from Maple Grove Park to Mcintyre and on Mcintyre from W 32nd
Avenue to the Clear Creek Trail. A trail connection is proposed from 32nd Avenue to
the Clear Creek Trail in an alignment to be determined at the time of development of
the area.
5
Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum
COMMUNITY AMENITIES AND COMMUNITY SERVICES
Community Services
Services in the planning area are currently provided by Jefferson County and several
special districts Jefferson County currently provides general governmental services
and law enforcement. Portions of the area are included in the Urban Drainage and
Flood Control District.
Special districts serving the area are listed below.
Fire Protection Districts
. Fairmount
. West Metro
Water and Sanitation Districts
. North Table Mountain W& S
. Consolidated Mutual Water
Park and Recreation Districts
. Prospect
A large area in the central portion of the planning area is not currently served by a
sanitation provider A small parcel of land is not provided with fire protection.
Future Service Provision
The City will provide general governmental services and police protection for any
areas annexed by the City.
Fire protection will continue to be provided by existing districts currently providing
services
Insert new paragraph
Water and sanitation services will continue to be provided by districts currently
providing services within their respective boundaries. Within the area currently not
served by water or sanitation districts, there are three options to consider:
. Inclusion into existing water or sanitation districts
6
Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum
. Formation of a new water and sanitation district, or metropolitan district, with
provision of services by the new district.
. Formation of a new water and sanitation district, or metropolitan district, with
provision of services by another district or districts by contract with the new
district.
Provision of services by an existing or new district will depend upon the capacity of
that district to provide treated water or sewage plant capacity and the financial ability
to construct improvements. It is likely a developer will need to pay for any
infrastructure improvements, upgrades, or expansions. Any new sewage treatment
plants or expansions must be included in the Regional Clean Water Plan and be
approved by the State Department of Public Health and Environment.
Parks and Open Space
Park and open space areas in the urban growth area are currently acquired and
managed by Jefferson County and the Prospect Park and Recreation District. Two
parks located just outside the growth area, Maple Grove Park and Arapahoe Park, are
provided by the Prospect Park and Recreation District.
Policies:
1 At the time of rezoning, the following items should be requested of a
developer, if applicable
a. Access easements across private property to public land,
b. Dedication of private land;
c. Open space required with the development if located adjacent to public
land;
2. Open space purchases should be based on regional demand for recreation
in the area and on the goal of preserving an open character and significant
natural features.
3 The growth area is currently served by the Prospect Recreation and Park
District and the Jefferson County Open Space Department. There should
be improved communication among the district, governmental agencies,
and private organizations responsible for buying and managing public land
in the area. Improved communication among these groups could result in
more efficient management of public lands and a higher level of use.
Coordination among these public entities and the planning departments of
the City and the county should facilitate more effective siting of private open
space to:
a. secure access easements across private property to public land;
7
Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum
b. encourage dedication of private land by providing information about
open space incentive programs, and
c suggest, where appropriate, that the open space required in a
development be located to augment adjacent public land
4. The acquisition of undeveloped land should be related to the following
planning objectives.
a. Maintenance of important visual resources,
b. Maintenance of open spaces between developments;
c Provision of needed recreational opportunities;
d. Protection of significant wildlife habitats and wildlife corridors;
e Protection of areas subject to significant natural hazards, (e.g
floodplains) ;
f Protection of areas having cultural and historical significance;
g. Provision of connecting trail systems,
h. Retention of unique or relict flora, (i e., tall-grass prairie, sites with rare
and endangered plants, and sites with high quality riparian vegetation),
I. Protection of ecologically sensitive areas,
J Prevention of soil erosion; and
k. Protection and conservation of vegetation
While these areas are desirable as open space, development should not be
precluded if sensitive site planning accommodates these concerns.
5 Public acquisition, management agreements between owners, and private
dedication of land to public entities, i e., conservation easements, are only
three of the methods that could be used to increase the amount of land
which remains undeveloped.
6. Plantings in open space areas should be native or naturalized species and
should be varieties that require minimal maintenance, are drought tolerant,
and benefit desirable wildlife needs
Trails
Existing trails have been constructed along W. 32nd Avenue and Clear Creek by
Jefferson County. Future trails planned for the area include the extension of the W.
32nd Avenue trail from Maple Grove Park to Mcintyre and a trail along Mcintyre from
32nd Avenue to the Clear Creek trail. A connection between 3200 Avenue and the
Clear Creek trail is proposed. These trail alignments are shown on Map 4. The
provision of trails in the urban growth area should be based on the following policies.
Policies:
8
Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum
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1 An expanded trails network should be developed that provides additional
trails for hiking, biking and equestrian use, and that precludes motorized
vehicles. These trails should:
A. vary in length, ascent and nature experience,
B. traverse diverse landscape;
C access views and vistas,
D. intersect to allow the traveler a choice of paths to a destination,
E. avoid damaging or impairing areas containing endangered species,
fragile environments, or high hazard areas; and
F Link communities and other Plan areas, and link these areas to
adjacent cities and open space lands along the foothills to the west.
2. Accessible trails should be provided for all citizens, including barrier-free
trails where possible, recognizing that trail users have different levels of
ability and seek different levels of challenge.
3 New trail systems in critical wildlife habitat areas, i e nesting and calving
areas, and wintering grounds, should be routed in a sensitive fashion,
and/or have seasonal closures to minimize stress to the wildlife
4 Trail corridors should be negotiated which utilize floodplains, public rights-
of-way, leased private property, parks, and public open space
5 Liability releases should be used to remove this obstacle to the creation of
trails across private land.
6 Areas of development should have trail connections to areas of natural open
space
7. Trails should be separated and buffered with landscaping from the streets
and roads when possible.
8. Roadway projects should provide equestrian, pedestrian and bicycle
crossings; (e.g., equestrian tunnels and grade separated bike crossings at
railroads)
9 The Jefferson County Open Space Department should be requested to
assist in funding the Clear Creek regional trail corridor
9
Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum
10. Local trails could be jointly funded through the Jefferson County Open
Space Joint Venture Grants Program. This is a joint venture program with
adjacent cities and park and recreation districts.
11. Equestrian and jogging trails should be unpaved and marked.
12 Parking areas should be provided at trailheads to facilitate trail usage by
equestrians, hikers, bicyclists, etc
13. Public facilities, e g. restrooms and telephones, should be provided at major
trail intersections and significant open space sites where feasible.
14. The local park and recreation agencies should be consulted to determine
potential trail connections
15. Developers should coordinate with public entities to provide trails and public
access along flood plains and/or easements such as ditches, roads, power
lines, etc., whenever possible
16 Developers should provide trail connections to adjacent open space areas,
trails, schools, bus stations, Regional Transportation District park-n-rides,
and light rail stations. This includes providing a safe crossing at roads
whenever possible.
Trail Design Criteria
1 . A variety of trail systems should be provided with appropriate fencing and
signage to minimize trespassing.
2 Trails should connect with others in the City and surrounding jurisdictions to
provide opportunities for commuting to other jurisdictions and to provide
multiple recreational alternatives.
3 The trails should intersect at strategic points to allow travelers a number of
choices to reach a desired location.
4. Areas containing endangered species or fragile environments should be
avoided.
5. Intersections between paths should be defined with a good visual warning of
an intersection as it is approached.
6. Trails should take advantage of the diversity of the landscape through which
trails pass. As the landscape changes, its dominant features should be
clearly seen from the paths, i.e., good observation points for views and
vistas that feature landmarks.
10
Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum
7 Bicycle paths should be designed for safety and be clearly marked. Safe
bicycle paths can be provided in the following ways,
A. Providing wider roadways with paved shoulders.
B. Providing off-road paths for multiple users.
C Utilizing road, rail, ditch or power line rights-of-way or easements
11
Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum
..
PROSPECT RECREATION & PARK DISTRICT
4198 Xenon St. Wheat Ridge CO 80033 . 3034242346 . Fax 303 424 4066
February] 7,2005
Memorandum
TO'
CIty of Wheat Ridge (CIty Council and PlannIng CommissIon)
Coors BrewIng Company
(abe]a's Retai], Inc.
FROM,
F]ora Andrus, Board Chair
DavId Kuehn, DIstnct Manager
Rick Dally, Attorney
SUBJECT
Prospect RecreatIOn & Park Dlstnct's concerns WIth respect to the Coors/Cabe]a's
annexation and development, and the Addendum to the City of Wheat Ridge
Comprehen5 ive Plan
The annexatIon and development plans under consIderation for the Coors/Cabe]a's
property west of Y oungfie]d present sigmficant problems for Prospect RecreatIOn & Park
DIstrIct (the "DistrICt") ThiS memorandum Ident1fies the pnnc1pa] problems and suggests
solutions.
] Loss of Tax Base In ]999, Coors BreWIng Company was the sole owner of what
1S now the Coors/Cabe]a's property, and was Included in the old Prospect RecreatIOn DIStrIct, a
Title 30 park distrIct, the present DistrIct's predecessor Coors excluded many of Its properties
(mcludmg the Coors/Cabela's property) from the new DistrIct when It was reorgamzed m 1999
under Tille 32. Coors used a lav, that allows exclUSIOn of agrIcultural propertIes so long as they
remaIned agricultural.
With the change of use of the property, the D1stnct 1S ent1tled to re-mclude it, and has
filed the requIred PetItIOn With the Jefferson County DIstrIct Court. Coors' response is due
February 27
The Dlstnct expects dramatIcally mcreased burdens on ItS park system because of the
Coors/Cabela's de\elopment, while it wllllose the ability to pay the mcreased operatIng and
maIntenance costs because of the loss of tax base.
ATTACHMENT 4
Possible Solutions
a. IGA with Wheat R1dge, JOined in by Coors and Cabela's, permittIng the Dlstnct
to levy its 3-mill property tax on all propert1es 1dentlfied in Map I including the
Coors/Cabela's property, or for equivalent payments In lIeu of taxes In perpetuity.
b The DIstrict is happy to dISCUSS ItS provls10n of park and recreation serV1ces on all
properties 1dentlfied in Map I.
2 Headquarters access. The planned changes In traffic flo"" will create slgmficant
blockage along Y oungfield south of 44th, dramatIcally curtaIling access to the DIstnct
headquarters and shops, located east of Y oungfield at 4198 Xenon St., wIthIn the Wheat RIdge
boundanes. Of partIcular concern IS adequate access to Y oungfield from 42nd A venue. This
potential problem could be aggravated wIth the planned underpass at 40th lInkIng the
Coors/Cabela's property to Youngfield. We are qUIte certain homes and businesses along 42nd
A ve. and Xenon Street have the same concern.
Possible SolutIOns
a. DeSIgnate/acqUIre appropnate land west of Y oungfield to whIch the DIstrict could
move Its headquarters and shops (as suggested In the PolICies identIfied at page 7,
paragraph I(a)), and
b Trade that deSIgnated/acqUIred land for the present Dlstnct headquarters/shop
propertIes.
3 Lack of CoordInatIOn With the DIstnct. Wheat RIdge has not put the Distnct on
formal notIce of Its actlVltles WIth respect to the Coors/Cabela' s development, despIte the
promises made In the Addendum to the City of Wheat Ridge Comprehensive Plan The Dlstnct
has had to scramble, at the last mmute, to learn of the plans and analyze the disparate 1mpacts of
those plans on the Dlstnct.
The Addendum appears to reqUire consultatIOn and coordmatlOn with the Dlstnct m
several key areas, especially park/recreatIOn/open space plannmg, trml locatIOns and
connectIOns, and effiCIent land management (Addendum, at pages 2, 5, 7 and 10). For example,
the Addendum is the first time the Dlstnct has heard ofa proposed extension of the 32nd Ave
trml from Maple GrO\e Park (a Distnct property) to McIntyre, discussed at page 8 The routmg
noted IS clearly wlthm the Distnct, thus Implymg a financial oblIgatIOn by the District. A Similar
type of finanCIal oblIgation for the Dlstnct 1S noted on page 9, item # 1 0
SolutIOn.
a. GlVe the Dlstnct full and timely notIce of all meetings, plans and other actiVitIes
pertammg to the Coors/Cabela's development.
b Create an Open Space, Parks and RecreatIOn coord matIng committee, with CIty,
Dlstnct and County representatIOn.
4. PlannIng Errors in the Addendum. The Addendum still contains numerous
planmng errors whIch should be resolved, Including:
. The discussIOn of transportation, at p 4 IS mternally inconsistent, referrmg at 12 to the
creatIon of a "full movement" interchange at 1-70 /SH58 and yet statmg "no new
Interchanges are proposed for 1-70 and SH58" m 1 5.
. The discussIOn ofmodlficatlons to the eastbound on-ramp at 38th Ave. fails to address
west-bound access. (Page 4 )
. The traIl connectlOn from 32nd to Clear Creek along IS mIssIng. (Page 5)
. The transportatIOn plan Isolates the neighborhood to the southeast of 44th & Y oungfield.
Prospect-Wheat Ridge Solutions
February 17,2005
Prospect Recreation & Park District has great concern regarding the expansion of the
Comprehensive Plan Addendum that is being considered for an Amendment this evening.
There seems to be contradictions that we would appreciate clarificatIOn regardmg before
this document is recommended to City Council for Approval.
Within the boUDdaries of Prospect:
Much oftbe land to be included in the Comprehensive Plan is in the boundary of the
Prospect Recreation & Park District. While the actual change is generally activated at the
time on Annexation, we would like to address the impacts that this will have on our
District.
1. The land in the Coors Valley has several conditions that need to be reckoned
with. We are at this time in contact regarding these matters.
2. If all of the areas to be included into the Comp Plan were to be annexed the
IX>tential tax loss to PRPD would be between 8-10 % of our total tax revenues.
3. 1be lands along 44 tb Avenue are a substantiallX>rtion of our current tax
base.. as these are the very few business, commercial properties in our area.
Wheat Ridge has already taken the Industrial Park, the Kaiser, the RID(while
non-taxable) in previous annexations and we are very aware of this scenario.
The Coors T ec Center was also a great loss.
10 the meantime, and since becoming a Title 32 Special District, with only a 3 milllevy
in mostly residential areas, and grant income, we have developed parks that many Wheat
Ridge residents use. 1bey don't even know that there is a difference, and to say the least,
they are welcomed.
The Amendment to tbe Addendum to the City ofWbeat Ridge Comprebensive Plan
Urban Growth Area Addition,
TransportatioD:
Page 4. Second paragraph:
CDOT plans for changing to a fuU movement intercluul~ This entails
relocation the current eastbound on-ramp at 3811I Avenue to the sonth and relocating
tbe eastbound on-ofJramps at Ward Rd. to tbe east. Wbat about tbe west bound
ramp on Ward Rd.
(Peopk who spoke to 1M after IIIst "igllt's I1tLdUIg, wllo IWr ill WR wue very
eollCUIIetl Gbolll tile incru.se of traffic to tile ust of Y 01lllgf"1el4 lIS II 'elll tJrTOll1fll ' mul
were co",;"g to 1M to tulSWt!r tllat qlU!StioIL)
Future Street Network
Second Paragraph
Improvements to complete the 1-701SH58 intercbange movements are needed
to improve not only access to the area ,but to increase mobility for the region.
Because of the minimum spacing requirements, no new interchanges are proposed
ATTACHMENT 5
Prospect- Wheat Ridge Solutions
February 17, 2005
for J-iO and SH 58. Jmpro~'ements to the J-iO/3rd Avenue interchange to increase
capacity will be needed
Page 5.
Future Trails
Tbe trails tbat are mentioned do not mention tbat tbere is currently a trail
east bound on 32110I Ave. that turns north at Y oungfield Service Road area to tbe
Clear Creek. This sbould be mentioned.
Page 6.
Park and Recreation Districts
ProlIpect
Future Service Provision
No mention that Prospect will be the provider of the park service.
Page 7
Parks and Open Space
Policies:
4. District bas not even been notified of this action or several otber examples
of same althoDgh Prospect Recreation and Park District is mentioned in
tbis paragrapb. Communication is tbe crux of this entire matter.
Page 8
Trails
No trail mention of the trail to the east, neitber is it evidenced on tbe trail
map.
Page 9.
Paragrapb 5. Liability ......Indemnification????
Paragrapb 9. OS Clear Creek trail
Paragraph 10. .......with adjaceDt cities and par and recreation districts.
Page 10.
Paragraph 14.
Loc:al park and recreation agencies houk) be consulted to det4ermine
poteDtiaI trail conncetion5.
Prospect- Wheat Ridge Solutions
February] 7,2005
Paragraph 15.
Developers should coordinate with public entities to provide trails and public
access aloog flood plains and/or easement such a..........
RESOLUTION NO.~
Series of 2005
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, ADOPTING AMENDMENTS TO THE WHEAT
RIDGE COMPREHENSIVE PLAN
WHEREAS, the City Council of the City of Wheat Ridge adopted amendments to the
Comprehensive Plan on February 23,2004, and
WHEREAS, the Comprehensive Plan amendments Included areas outside the corporate
limits of the City as IS perrrutted under state enabling legislation, and
WHEREAS, prior to annexation, a city must have In place a plan for the area considered
for annexatIOn pursuant to C.R.S. 31-12-105; and
WHEREAS, smd plan for areas outside the city boundary must be adopted annually; and
WHEREAS, it is the desire of the City to extend its Comprehensive Plan boundary outside
the corporate limits. and
WHEREAS, C.R.S 31-23-206 (2) provides that the Comprehensive Plan may be amended
by the City from time to time, and
WHEREAS, Planning CommissIOn has held a public heanng as provided by C.R.S 31-23-
208 and SectIOn 2-60 (b) of the Wheat Ridge Code of Laws, legal notice thereof duly published In
the Wheat Ridge Transcnpt and the High Timber Times on February 10,2005, with a wntten
recommendation forwarded to the City Council, and
WHEREAS, the City Council has held a public hearing as provided by SectIOn 2-60 (b) of
the Wheat Ridge Code of Laws, legal notice thereof being duly published In the Wheat Ridge
Transcnpt and High Timber Times on February 24, 2005.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows
1 That the City Council of the City of Wheat Ridge hereby adopts the amendments to
the Wheat Ridge Comprehensive Plan attached as Exhibit A.
2. An attested copy of this resolutIOn shall be attached to the Plan amendment and a
copy of the Plan as attested shall be certified to Jefferson County, Colorado
DONE AND RESOLVED THIS
day of
,2005
GRETCHEN CERVENY, MAYOR
ATTACHMENT 6
ATTEST-
PAMELA Y ANDERSON, CITY CLERK
P t1Irt ;L
~
David R. DiGiacomo
3275 Quad Street
Wheat Ridge. CO 80033
303 234-0162
wod iM1-P ~
rwvJ of ~~.
~ 0Vl 1J-ijoS-
February 18, 2005
City of Wheat Ridge
City Council
7500 W 29'" Ave
Wheat Ridge, CO 80033
VIA FACSIMILE
RE CoorslCabela'sAnnexation and Zoning
Dear City CounciL
When a business does a "bait and s\\;tch" it can be a crime When our Wheat Ridge City Council
does a bait lUld switch is it "business as usual?"
Last fall the City Councll sold us a tax increase on claims that our Police would be laid off and our
beloved Recreation Center would be closed or services cut. "Dire strlllts" was the sense you gave
us I campaigned for the increase and many others did too What we weren't told was that as we
voted our City Council was miling deals with Coors and Cabela's which would require the CIty
to spend more than $3,000,000 00 of our tax dollars to support the Cabela's and Coors
annexation. Our City Council a few days ago appropriated more than $3,000,000 00 or about
$100 00 for every person in Wheat Ridge, to widen Y oungf1eJd for Cabela' s and Coors I wonder
how much of this allocation is made possible by the tax increase that voter's approved m
November for law entbrcement re~urces?
The November votes were barely counted and the City Council inked a deal with Coors and
Cabela's.
Behind closed doors and with little public comment or input our Council unanimously approved
an agreement with Coors and Cabela's which requires our City to "support lUld approve the
Cabela's project, and further development of the Coors Parcels by Coors or its successors.. "
This promise, made on December 20, 2004, committed our city and its citizens to host what could
be the largest single tourism destination center in Colorado bringing 25,000 - 35,000 cars a day
and 3-4 milhon visitors a year (Cabela's numbers from its traffic study) to our city all
concentrated at the intersection ofI - 70, Y oungfieJd and 32M Ave. Our City Council unanimously
approved a deal by which city sales taxes will be used to pay Shared Sales Tax Revenue Bonds up
to $20,500,000 00 and Public Improvement Fee Revenue Bonds up to $30,000,000 00 for a total
C:~."" :sdImp1l...vkl\My D<>L.....-... WheAl Ridp l'I-.ins+Oop<........ 2+,""", wpdI'/l KIM
Page 2
February 18,2005
of $50, 500,000 00. Yes, that is FIFTY MILLION DOLLARS It is true that the money will
largely come from fees and taxes imposed upon shoppers at Cabela's but the agreement WIth
Cabela's and Coors also says that if our city sales tax rate is lowered as a result of a change in the
city's overall tax scheme used by the city, the city will replace the sales taxes that would have
been used to pay the bonds. Simply stated, this means we can never reduce our CIty sales taxes
unless we are prepared to backfill the $50,000,000 00 in bond funds with our general fund
revenues,
I have not made a decision for or against the Coors' and Cabela's project. My family lives
approximately one nlile from the project on nod Avenue. Five of our six children attend or have
attended Jefferson County Schools and our two year old will attend Prospect Valley Elementary
School. We love our city and neighborhood and have since 1981 My wife and I are perhaps
more sensitive to the consequences of this deciSIOn than citizens who live farther away than we
do
The February 28,2005 annexation hearing appears to be a done deal. To hear our elected
officials and employees talk you would think we have struck gold But, remember that every gold
rush has had long tenn consequences.
We ask you to thoughtfully consider and address the following concerns, issues, problems and
challenges associated with a project of this magnitude'
I ) There are five elementary schools, two middle schools, one high school, two public
charter schools and two parochial schools within approximately 1 5 miles of the project.
All Vlrill be impacted How wHl we protect our children and the families who run the
gauntlet of25,000 - 35,000 more car trips per day in the neighborhood? Numerous
churches will also be impacted and some of those churches have daycare or preschoul
programs.
2) What efforts will be made to protect our residential neighborhoods and our family values?
Will 32"" Avenue and 38dt Avenues each become Cabela's expressway?
3) 32"" Avenue from Denver to Golden is one of the most popular bikeways in the metro
area. I have been hit by a car on 32nd Avenue (not my fault) How will we protect the
many riders who use this bikeway?
4) The intersection of32od and Youngfield is already congested. Will any roadway
improvement really be able to handle the increased traffic safely? What about the Ward
Road intersection which is already highly congested during many parts of the day?
5) Access to the Clear Creek bike path and the park at Clear Creek and Youngfield by using
c.,t:)(x,."UIDI:Illi lUldi SettirQ9;,\l)....idlMy IA".:umOllla\W'heat'Ri~ I PllU:lIUng. . Dupl..ltr-.l-2....wpd.wpd\2/JiJOS
Page 3
February 18, 200S
Y oungfield or the 1-70 frontage road will be affected What plans are there to insure safe
access to bicyclists and walkers?
6) The noise from the freeway is already so loud during many summer evenings and morrungs
that we have to close our upstairs windows. What will we do to mitigate the sound of
25,000 to 35,000 cars and trucks a day, 6 days a week, or 7,800,000 (25,000 times 6 days
a week times 52 weeks a year) additional car trips a year?
7) Many of the Cabela's customers will be tlUck drivers. Truck drivers often leave their
diesel rigs running. Who will monitor the air quality problems and noise?
8) No one has evaluated the effect of the additional vehicle pollutants on our neighborhood
air quality - shouldn't air quality monitoring be required in order to protect our children's
health alld ours?
9) Who will pay for the wear and tear on our city streets? The current agreement requires
Wheat Ridge citizens to maintain the streets. Additionally, West 32nd Avenue serves as a
border with Lakewood.
10) What effect will this major tourist attraction have on our residential property values?
11) Will the city be seeking to widen 32nd and 381h Avenues to insure easy access to the site
Remember not too many years ago when we were promised that 32nd would not be
widened further?
12) How does this project fit in with the City's long term vision or plan? Why have we not
discussed it and been involved') Will other businesses want equal treatment and the same
kinds of deals Coors and Cabela's are getting? Can we afford any more deals which give
private enterprise tax benefits such as reduced property taxes or shared sales tax revenues?
13) The City prevented us from talking to our elected officials about this project before the
public hearing by permitting the annexation and zoning applications to be submitted at the
same time. We get one hearing on February 281h and the city attorney told me we can't
discuss matters before the hearing with our elected representatives If the City had
accepted the annexation petition without a zoning application then we could have visited
with our city council members before the meeting. Is this government I1t its best or
worst? Would you consider that citizen input can have a positive impact 011 the city, or
that a potential project could have better outcomes Wlth more input
14) I was given one small spreadsheet when I asked how the financial impact of this 95 million
dollar project was determined. The spreadsheet does not address Police and Fire
,[)()CWtlCJJ11S and .seuin.pI!)..~i"".Mj 00l;u..axr1W\W}K>At' R.id.6c+-P'.nniIlS.l-J~..ltT ~ '....u..l.rd wpd\7:/llit/(J~
Page 4
February 18,2005
Protection costs, costs of street improvement or any other costs. Either the City has the
calculations and it doesn't want to show them to us or it didn't do its homework. Either
way, we lose.
IS) Our city stafris talented but understaffed. Coors and Cabela's obviously can afford the
best protessional services Did our city seek the counsel of urban planning professionals
outside the city, other than attorneys, to help address the challenges?
16) On February 28111 the City will consider an excavatmg pemtit to allow Coors to excavate
and fill 1 5 million cubic yards of dirt. That equals 150,000 dump truck loads The perrrut
requests pennission to excavate from 6.00 a.m. to 1000 p.m. (or later) What dirt and
dust and noise mitigation will occur? Why did the City post the property for an
excavation pennit when the City has no jurisdiction over the property until the annexation
occurs?
17) This is a very major decision effecting the City and its citizens financially, and
environmentally for years to come. Should it be made at one public hearing? Is a citizen
reterendum the best way to discuss and debate the merits of the project and the mitigation
of its effects?
18) What public transportation will be mtegrated IOtO the project and how? Will hospital and
emergency services be impacted?
19) The City expects $40,000,000 in sales tax and impact fees over 10 years from the project.
How much is ear-marked to mitigate the effects and protect the quality oflife for those
most impacted?
20) It looks like this annexation could be the beginning of more annexatIons that could consist
ofa few thousand acres; the equivalent of another Denver Tech Center Are we going to
do any long range planning if that is the case') Does anyone plam to involve the citizens or
do nine people and Coors and Cabela's know better than all the citizens together?
21) Do we want to obligate future tax revenues of our city to pay off this project 'Without a
vote as reqUired by the Taxpayers Bill of Rights in our Colorado Constitution?
22) What happens if Cabela's goes bankrupt, or the tax revenue is not as projected? Who will
be jeft holding the bag on $50,000,000 00 in bonds'?
23) More than ever we should engage in regional planning. Thousands of citizens of JetTerson
County will be impacted by this project-not just the citizens of Wheat Ridge- and they
have no voice or vote Why did we "go it alone" one more time?
c. \l).o.,;wD'::n~ anJ ScU.inp'J:>evid My l)QQumcnt;a\ ~-+ Ridge.j. Plaaru.ng." J:lept itr-? 'f"wpd wpd\2,1 t &/05
Page 5
February 18, 2005
24) Where is the budget for the property condemnations which will likely occur to allow the
expected road improvements. Should our City be able to condemn private property on
behalf of Cabela' s or any private enterprise? Is this good public policy?
25) The City of Wheat Ridge conducted a survey last year What answers did citIzens provide
that indicated that we would like our beautiful "Tree City USA" turned into a bustling,
congested tourist destination and re~ional retail center? Many homeowners in our area
have lived here for 3,4, 5 or more decade, and their children chose to stay In Wheat
Ridge, and raise their children here
I have reviewed some of the plans and the contracts entered into by the City with Coors and
Cabela s. Cabela's is obviously well represented professionally and Coors and Cabela's have
wnsiderable resources. Cabela's is to be commended for the quality of its plans so far but there is
clearly much more work for all of us to do together I applaud the efforts to build a public/private
partnership If this project is approved I hope Cabela's will prove to be as good a neighbor as
each one oflJS can be. If this project is approved I look forward to a community effort to work
on the issues in a positive and constructive partnership with Coors and Cabela's.
Some of my questions and concerns may have been addressed at a public meeting held
Wednesday at the Denver West Marriott I couldn't attend this meeting-irolllcally because of
surgery to hopefully correct an injury caused when I was hit by a car while riding my bicycle along
32nd Avenue near my home,
We can make this an opportunity to show our citizens that government is acting at its best or
worst. Please, let us be proud of the result.
Yours truly,
~
D,,;d R "'Giae ?
~
-
DRDllm
c.,I:>ocum.cnu and Sc::tting'David\My Docwn.mtJ\WhNt+Ri.+Plannina"'l.~ .hr+2~wpd ~2'1~/OCi
~ ~ wOrd CM:Jt; iCe ~
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..
PROSPECT RECREATION & PARK DISTRICT
4198 Xenon 51, Wheat Ridge, CO 80033 . 303424.2346 . Fax 303 424 4066
February 17,2005
Memorandum
TO:
City of Wheat Rldge (Clty Counctl and Planning Commission)
Coors Brewmg Company
Cabela's Retail, Inc.
FROM,
Flora Andrus, Board ChaIr
David Kuehn, Dtstrict Manager
Rick DaIly, Attorney
SUBJECT.
Prospect RecreatIOn & Park Distnct's concerns with respect to the Coors/Cabela's
annexatIOn and development, and the Addendum to the City of Wheat Ridge
Comprehensive Plan
The annexatIon and development plans under consideration for the Coors/Cabela's
property west of Y oungfield present signIficant problems for Prospect RecreatIOn & Park
District (the "Dlstnct") ThIS memorandum Identifies the pnnclpal problems and suggests
solutions.
1 Loss of Tax Base In 1999, Coors Brewmg Company was the sole owner of what
IS now the Coors/Cabela's property, and was included m the old Prospect Recreation Dlstnct, a
Title 30 park distnct, the present Dlstnct's predecessor Coors excluded many of ItS properties
(mcludmg the Coors/Cabela's property) from the new Dlstnct "vhen it was reorgamzed m 1999
under Title 32. Coors used a law that allows exclUSion of agncultural properties so long as they
remamed agrIcultural.
With the change of use of the property, the Dlstnct is entitled to re-mclude It, and has
filed the required PetItion With the Jefferson County Dlstnct Court. Coors' response IS due
February 27.
The Dlstnct expects dramatically mcreased burdens on ItS park system because of the
Coors/Cabela's development, whIle it will lose thc ability to pay the mcreased operatmg and
mamtenance costs because ofthe loss of tax base
Possible SolutIOns
a. lGA with Wheat Ridge, Joined m by Coors and Cabela's, perrmttmg the District
to levy Its 3-mill property tax on all properties identified in Map I mcludmg the
Coors/Cabela's property, or for equivalent payments in lieu of taxes m perpetuity
b The Dlstnct IS happy to discuss its provision of park and recreation services on all
properties Identified m Map I
2 Headquarters access. The planned changes m traffic flow will create significant
blockage along Y oungfield south of 44th, dramatically curtailing access to the District
headquarters and shops, located east of Y oungfield at 4198 Xenon St., within the Wheat Ridge
boundaries. Of particular concern is adequate access to Youngfield from 42nd Avenue. This
potential problem could be aggravated with the planned underpass at 40th linkmg the
Coors/Cabela's property to Y oungfield. We are quite certam homes and busmesses along 42nd
Ave and Xenon Street have the same concern.
Possible SolutIOns
a. Designate/acquire appropnate land west of Y oungfield to which the Dlstnct could
move ItS headquarters and shops (as suggested m the PoliCies identified at page 7,
paragraph lia)), and
b Trade that deSignated/acqUired land for the present District headquarters/shop
properties.
3 Lack of Coordmation WIth the Dlstnct. Wheat RIdge has not put the Dlstnct on
fonnal notice of its actiVitIes WIth respect to the Coors/Cabela's development, despite the
promises made m the Addendum to the Citv o(TVheat Ridge Comprehensive Plan. The Dlstnct
has had to scramble, at the last mmute, to learn of the plans and analyze the disparate Impacts of
those plans on the Dlstnct.
The Addendum appears to reqUire consultation and coordinatIOn with the Distnct m
several key areas, espeCially park/recreatIOn/open space planning, traIl locations and
connectIOns, and effiCient land management (Addendum, at pages 2, 5, 7 and 10) For example,
the Addendum IS the first tIme the Dlstnct has heard of a proposed extensIOn of the 32nd Ave.
trail from Maple Grove Park (a Dlstnct property) to McIntyre, discussed at page 8 The routmg
noted IS clearly Within the DiStrict, thus llnplymg a financIal oblIgation by the Dlstnct. A SImilar
type of finanCial oblIgatIOn for the DIstnct IS noted on page 9, Item # 1 O.
Solution
a. Give the Dlstnct full and timely notice of all meetmgs, plans and other actiVItIes
pertainmg to the Coors/Cabela's development.
b Create an Open Space, Parks and RecreatIOn coordmatmg committee, WIth CIty,
District and County representatIon.
4 Plannmg Errors m the Addendum. The Addendum still contams numerous planning
errors which should be resolved, mcludmg:
· The dIScussIon oftransportatlOn, at p. 4 is internally mconslstent, referring at ~ 2 to the
creatIOn ofa "full movement" interchange at 1-70 ISH58 and yet stating "no ne\\
Interchanges are proposed for 1-70 and SH58" In ~ 5
. The dISCUSSIOn of modificatIOns to the eastbound on-ramp at 38th Ave. fails to address
west-bound access. (Page 4.)
. The trail connection from 32nd to Clear Creek along the Y oungfield Service Road is
mIssIng. (Page 5)
. The transportatIOn plan isolates the neighborhood to the southeast of 44th & Youngfield.
ITEM NO: 9, A I
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
February 28, 2005
TITLE:
RESOLUTION NO. 14-2005, A RESOLUTION MAKING CERTAIN
FINDINGS OF FACT REGARDING THE PROPOSED
ANNEXATION OF A PARCEL OF LAND LOCATED IN
SECTIONS 19,20,29, AND 30, TOWNSHIP 3 SOUTH, RANGE 69
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
JEFFERSON, STATE OF COLORADO.
[;gJ PUBLIC HEARING
D BIDS/MOTIONS
[gJ RESOLUTIONS
D ORDINANCES FOR 1 ST READING (Date: _)
D ORDINANCES FOR 2ND READING
Quasi-Judicial: 0 [gJ
Yes No
~~
Community Development Director
City~~,\-
EXECUTIVE SUMMARY:
An annexation petitIOn was submitted to the City on January 14, 2005 by owners of certam property
situated generally west of 1-70 and south of State Highway 58, consisting of approximately 198 acres.
The Municipal AnnexatIOn Act establishes the procedures for annexatIOn of unincorporated temtory
by a municipality. The attached resolution establishes the findings of fact regarding the elIgibility of
this property for annexation. All of the requirements for annexation under the Municipal AnnexatIOn
Act have been met.
COMMISSIONIBOARD RECOMMENDATION:
None. Only the Council acts upon annexation petitions.
STATEMENT OF THE ISSUES:
Origmally Cabela's and Coors intended to submit annexatIOn petitions along with an OutlIne
Development Plan and the required documentation for a rezomng request. These two requests were to
be processed concurrently and scheduled for public heanngs on the same night. While the CIty was
proceSSIng the annexation and zoning requests, Cabela's and Coors were going to seek the necessary
approvals from Jefferson County and the State to proceed with excavation and leveling of the property
in question. It became apparent that it would be more efficIent If Cabela' s and Coors dealt with only
one Jurisdiction, the City of Wheat Ridge, wIth regard to development Issues. Cabela's and Coors
have elected to request annexation separately from the zoning request, and wIll submIt an application
for a SpecIal Use Permit to undertake the excavatIOn and leveling of the SIte.
If City Council approves the annexation on February 28th, under the Municipal AnnexatIOn Act, the
City is required to zone the property within 90 days. The zoning request and the OutlIne Development
Plan wIll be submItted and reviewed such that this requirement will be met. It is also antIcIpated that
at least two Final Development Plans and a final plat will be considered by Council at the same
hearing as the Outlme Development Plan. These plans wIll also be revIewed by Planning
CommiSSIOn.
The deCIsion to annex a property IS a legislatIve decision of City CouncIl. The 1/6 contigUIty
requirement is met. There is a plan in place for the area to be annexed. The petitioners represent more
than 50% of the landowners owning more than 50% of the land proposed for annexation. There is a
community of Interest between the City and the land to be annexed, the area is surrounded by urban
development and likely WIll be urban Itself in the near future, and the area is capable of being
integrated with the City. The annexation will not extend the boundary of the City more than three
miles. The area meets the annexation eligibility requirements established in the MuniCIpal Annexation
Act.
AL TERNA TIVES CONSIDERED:
The City CounCil has two options to consider:
1 Adopt a motion adopting the resolution.
2. Adopt a motion denying the resolution.
FINANCIAL IMPACT:
The annexation of the property will create an immediate responsibility of the City to provide police
protection, thus incumng some finanCial impact which is unquantifiable at this time. With
development of the property, the City will receive sales and property tax revenues generated by the
businesses and improvements on the property. The City will receive one-time use tax revenue on
building materials and one-time fees for annexatIOn, zoning, and engineering review.
RECOMMENDED MOTION:
"} move to adopt Resolution No. 14-2005
Coors/Cabela's/Salter annexation."
, making findings of fact regardmg the
Or,
"I move to deny adoption of ResolutIOn No
14-2005
Report Prepared by. Alan WhIte, Community Development Director
Reviewed by. Gerald Dahl, CIty Attorney
Attachments:
1. ResolutIOn No 14-2005
Resolution No 14
Senes of 2005
TITLE:
A RESOLUTION MAKING CERTAIN FINDINGS OF FACT
REGARDING THE PROPOSED ANNEXA nON OF A PARCEL OF LAND
LOCA TED IN SECTIONS 19,20,29, AND 30, TOWNSHIP 3 SOUTH,
RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY
OF JEFFERSON, STATE OF COLORADO.
WHEREAS, an annexation petItion was filed wIth the City requesting the annexatIOn of certam
unincorporated territory located m the County of Jefferson and State of Colorado, otherwIse
known as the Coors/Cabela's/Salter property, and hereafter descnbed in Exhibit A whIch IS
attached hereto and made part hereof; and
WHEREAS, saId petItion was forwarded to the City CounCIl, and
WHEREAS, the City CouncIl of the CIty of Wheat RIdge, Colorado, found substantIal
compliance of said petItion with C.R.S. SectIOn 313-12-107; and
WHEREAS, the City CouncIl of the CIty of Wheat RIdge, Colorado, conducted a public heanng
as required by law to determme the elIgibIlity for annexation of that property described In
attached Exhibit A, and
WHEREAS, public notIce of such public heanng was gIVen as required by law; and
WHEREAS, the publIc heanng on said annexation was conducted In accordance WIth the
reqUIrements of the law; and
WHEREAS, pursuant to C.R.S Section 31-12-110, the City CounCIl, sitting as the governmg
body of the City of Wheat Ridge, Colorado, is required to set forth ItS findmgs of fact and its
conclUSIOn as to the elIgibIlIty of that property described m attached Exhibit A for annexation to
the City of Wheat Ridge
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WHEA T RIDGE, COLORADO, AS FOLLOWS:
Section 1 A plan for that area encompassing the property described on attached Exhibit A has
been adopted by the CIty CounCIl pursuant to c.R.S Section 31-12-105(l)(e)
Section 2. Not less than one-sixth of the pen meter of the area proposed to be annexed as
descnbed on attached Exhibit A IS contiguous with the existing boundaries of the CIty of Wheat
Ridge as reqUIred by law
SectIOn 3 A commumty of interest eXIsts between the area proposed to be annexed as descnbed
on attached Exhibit A and the City of Wheat RIdge and the area will be urbamzed in the near
future
ATTACHMENT 1
ResolutIOn No
Page 2
SectIOn 4 The area proposed to be annexed as described on attached Exhibit A IS integrated or
capable of beIDg integrated with the City of Wheat Ridge.
SectIOn 5 The limitatIOns of the MUDlclpal Annexation Act and the Constitution of the State of
Colorado do not prevent the annexatIon of the subject property of any part thereof sIDce
a. No land ID the area to be annexed whIch IS held ID Identical ownership and consIsts of
eIther a single tract or parcel, or two or more contIguous tracts or parcels has been dIvIded
or any portion thereof excluded from the area to be annexed wIthout the wntten consent
of the owners thereof,
b. No land in the area to be annexed whIch IS held ID identIcal ownership and compnses
twenty (20) or more acres, havmg an assessed valuatIon for ad valorem tax purposes m
excess of $200,000.00 ID the year next precedmg the annexatlOn, has been included m the
area to be annexed Wllhout the wntten consent of the landowners,
c No proceedmgs have been commenced by another mUDlcipahty for the annexatIOn of
all or part of the area to be annexed by the CIty of Wheat Ridge, and
d. The annexation will not result ID the detachment of the area from the school district ID
whIch it IS currently located.
Section 6 The petition for the annexation of that real estate descnbed on attached Exhibit A
meets the reqUIrements of law and is ID proper order for annexation of the property proposed to
be annexed as described in attached Exhibit A
Section 7 No electIOn is required pursuant to C.R. S SectIOn 31-12-107(2) or any other law of
the State of Colorado or the City of Wheat Ridge.
SectIOn 8. The proposed annexatIOn WIll not have the effect of extendmg a municIpal boundary
more than three mIles m any dIrection from any point of the City boundary in anyone year
Section 9 The entire WIdth of any street or alley to be annexed is included withm the
annexatIOn.
SectIon 10 The property descnbed on the attached Exhibit A IS eligible for annexation to the
CIty of Wheat Ridge and all requirements of law have been met for such annexation, mcluding
the requirements of C.R.S. SectIOn 31-12-104 and 31-12-105, as amended.
Section 11. An ordinance annexing that property described on attached Exhibit A to the City of
Wheat Ridge shall be considered by thIS City Council pursuant to C.R.S. SectIon 31-12-111.
ResolutIOn No.
Page 3
RESOLVED AND PASSED thIs
day of
,2005.
Gretchen Cerveny, Mayor
ArrEST
Pamela Anderson, City Clerk
Exhibit A
COORS/CABELA'S ANNEXA TION NO.1
A PARCEL OF LAND LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 19. THE SOUTHWEST
ONE-QUARTER OF SECTION 20. THE NORTHWEST ONE-QUARTER OF SECTION 29. AND THE NORTHEAST
ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 30. BEING IN TOWNSHIP 3 SOUTH.
RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO.
DESCRIBED AS FOLLOWS
BEGINNING AT THE SOUTHEAST CORNER OF THE SAID NORTHEAST ONE-QUARTER OF THE
NORTHEAST ONE-QUARTER OF SECTION 30, WHENCE THE EAST ONE-QUARTER CORNER OF SAID
SECTION 30 LIES SOl 001 '50"E ALONG THE EAST LINE OF THE SAID NORTHEAST ONE-QUARTER OF
SECTION 30. 1320.79 FEET;
THENCE S89010'02"W ALONG THE SOUTH LINE OF THE SAID NORTHEAST ONE-QUARTER OF THE
NORTHEAST ONE-QUARTER OF SECTION 30,1315.31 FEET TO THE WEST LINE OF SAID NORTHEAST ONE-
QUARTER OF THE NORTHEAST ONE-QUARTER,
THENCE Noo055'47"W ALONG SAID WEST LINE, 1320.36 FEET TO THE SOUTHWEST CORNER OF THE
SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 19;
THENCE Nooo07'30"W ALONG THE WEST LINE OF SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER, 913 46 FEET TO THE SOUTHWEST LINE OF THAT 80' WIDE DENVER WATER BOARD
EASEMENT RECORDED AT RECEPTION #92130445 IN THE JEFFERSON COUNTY CLERK AND RECORDER'S
OFFICE,
THENCE S8900T31"W, 57.62 FEET TO A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A
RADIUS OF 791 19;
THENCE THROUGH A CENTRAL ANGLE OF 15021'56" , NORTHWESTERLY ALONG THE ARC OF SAID CURVE
212.18 FEET. SAID CURVE HAVING A CHORD OF 211.55 FEET WHICH BEARS N50055'48''W TO A NON-
TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 152961 FEET,
THENCE THROUGH A CENTRAL ANGLE OF 12049'33". WESTERLY ALONG THE ARC OF SAID CURVE 342.40
FEET, SAID CURVE HAVING A CHORD OF 341.69 FEET WHICH BEARS N75038'51"W TO A POINT OF
COMPOUND CUR V A TURE OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1022.23 FEET,
THENCE THROUGH A CENTRAL ANGLE OF 10005'16.'. WESTERLY ALONG THE ARC OF SAID CURVE 179.98
FEET TO THE POINT OF TANGENCY. SAID CURVE HAVING A CHORD OF 17975 FEET WHICH BEARS
N87006' 16'.W,
THENCE S87051'06"W, 17573 FEET,
THENCE Noo023'12"W, 174.56 FEET TO THE SOUTH LINE OF THE NORTH ONE-HALF, OF THE SOUTHEAST
ONE-QUARTER OF SAID SECTION 19;
THENCE S8900T31"W ALONG SAID SOUTH LINE, 410.63 FEET TO THE SOUTHWEST CORNER OF THE SAID
NORTH ONE-HALF;
THENCE Nooo23'12"W ALONG THE WEST LINE OF THE SAID NORTH ONE-HALF, 171.61 FEET TO A NON-
TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 505 40;
THENCE THROUGH A CENTRAL ANGLE OF 53002'20", NORTHEASTERLY ALONG THE ARC OF SAID CURVE
467.85 FEET, SAID CURVE HAVING ACHORD OF 451.32 FEET WHICH BEARS N28013'09"E TO THE POINT OF
TANGENCY,
THENCE NOl 041'59"E, 392.35 FEET TO THE CITY OF WHEAT RIDGE BOUNDARY AS DESCRIBED IN THE
CITY OF WHEAT RIDGE ANNEXATION NO. 98-5, ORDINANCE NO 1116. SERIES OF 1998, ALSO BEING THE
NORTH RIGHT -OF- WAY LINE OF ST ATE HIGHWAY 58 AS DESCRIBED IN THAT DOCUMENT RECORDED IN
DEED BOOK 2177, PAGE 367 IN THE JEFFERSON COUNTY CLERK AND RECORDER.S OFFICE,
THENCE N8700 1 '30"E ALONG SAID BOUNDARY AND SOUTH RIGHT -OF- WAY LINE AND IT'S EASTERLY
EXTENSION. 2907.23 FEET TO THE NORTHWEST RIGHT-OF-WAY LlNE OF THAT PARCEL FOR INTERSTATE
70 RECORDED IN BOOK 1875, PAGE 159 IN SAID OFFICE,
THENCE N38050' 10"E ALONG THE WEST LINE OF SAID ST ATE HIGHW A Y PARCEL, 138 70 FEET TO THE
SOUTH LINE OF THAT PARCEL RECORDED IN BOOK 2163, PAGE 160;
THENCE N73042.38"E ALONG SAID SOUTH LINE. 322.71 FEET TO WEST LINE OF THE CITY OF WHEAT
RIDGE BOUNDARY AS DESCRIBED IN THE ORIGINAL WHEAT RIDGE INCORPORATION DOCUMENTS
RECORDED IN BOOK 2118 AT PAGE 521 IN SAID OFFICE,
THENCE SOIc06'I2"W ALONG SAID CITY BOUNDARY. 399 77 FEET TO THE SOUTH RIGHT-OF-WAY LINE
OF SAID INTERSTATE 70;
THENCE S88c56'22"W. ALONG SAID SOUTH RIGHT-OF-WAY LINE. 559 40 FEET TO THE SOUTHEAST RIGHT-
OF-WAY LINE OF THAT STATE HIGHWAY PARCEL AS RECORDED IN BOOK 1895. PAGE 55,
THENCE S38' 52'45"W. ALONG SAID SOUTHEAST RIGHT -OF- WAY LINE, 135.70 FEET TO THE SOUTH RIGHT-
OF- WAY LII\'E OF SAID PARCEL,
THENCE S89022'40"W. ALONG SAID SOUTH RIGHT -OF-W A Y LINE. 232.23 FEET TO THE WEST LINE OF SAID
SOUTHWEST ONE-QUARTER OF SECTION 20;
THENCE Sooo08'I 1 "W, ALONG SAID WEST LINE, 752.42 FEET TO THE SOUTHEAST CORNER OF THE NORTH
ONE-HALF, OF THE SOUTHEAST ONE-QUARTER OF SECTION 19;
THENCE S89007'3I"W. ALONG THE SOUTH LINE OF SAID NORTH ONE-HALF, 131903 FEET TO THE
NORTHWEST CORNER OF SAID SOUTHEAST ONE-QUARTER, OF THE SOUTHEAST ONE-QUARTER OF
SECTION 19;
THENCE SOoo07'30"E, ALONG THE WEST LINE OF SAID SOUTHEAST ONE-QUARTER, 382.28 FEET TO THE
NORTH LINE OF THAT PARCEL DESCRIBED IN THAT DOCUMENT RECORDED AT BOOK 1992, PAGE 752 IN
SAID OFFICE.
THENCE ALONG THE NORTH LINE OF SAID PARCEL THE FOLLOWING 3 COURSES
1) N89052'30"E. 425.00 FEET,
2) N64057'30"E, 17770 FEET,
3) S89039'40"E, 731.27 FEET TO THE WEST LINE OF THE SAID SOUTHWEST ONE-QUARTER OF
SECTION 20;
THENCE Nooo08'11 "E ALONG SAID WEST LINE. 7.56 FEET TO THE NORTH LINE OF THE SOUTH 3/4 OF LOTS
21 THROUGH 24. ROXBURY GARDENS, DESCRIBED IN THAT DOCUMENT AS RECORDED AT RECEPTION
#09337790 IN SAID OFFICE,
THENCE N89001'07"E ALONG SAID NORTH LINE. 990 43 FEET TO THE SAID WEST LINE OF THE CITY OF
WHEAT RIDGE BOUNDARY AND THE WEST RIGHT-OF-WAY LINE OF INTERSTATE 70;
THENCE ALONG SAID CITY BOUNDARY AND SAID WEST RIGHT-OF-W A Y LINE THE FOLLOWING FOUR
COURSES:
1) Sooo41'53"E, 1005 12 FEET TO THE SOUTH LINE OF SAID SECTION 20;
2) Sooc45'49"E, 1321.80 FEET TO THE SOUTH LINt OF THE NORTHWEST ONE-QUARTER OF THE
SAID NORTHWEST ONE-QUARTER OF SECTION 29;
3) Sooo43'42'.E, 241.50 FEET,
4) S06023'48"W. 8223 FEET TO THE SOUTH LINE OF LOT 16, SAID ROXBURY GARDENS, ALSO
BEING THE NORTHEAST CORNER OF THE CITY OF WHEAT RIDGE BOUNDARY, AS DESCRIBED IN THAT
ANNEXATION ORDINANCE NO 152, SERIES OF 1974, RECORDED AS RECEPTION NO 644863 OF SAID
CLERK AND RECORDER'S OFFICE,
THENCE S89024'52"W ALONG SAID BOUNDARY AND SAID SOUTH LINE. 986.91 FEET TO THE WEST LINE
OF SAID LOT 16, BEING THE SAID EAST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 30;
THENCE NOl oOI'50"W ALONG SAID EAST LINE, 323 40 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF I98.040:!: ACRES
Board of County Commissioners
Jim Congrove
District No. 1
J. Kevin McCasky
District NO.2
Richard M. Sheehan
District No, 3
February 24, 2005
Alan C WhIte, DIrector
Commumty Development Department
CIty of Wheat RIdge
7500 W 29th Ave
Wheat R,dge. CO 80033
Dear Mr WhIte,
Jefferson County has revIewed the proposed annexatIOn for the Cabela and Slater property The
annexatIon petItIOn has met all statutory provisIons. The property IS more than 1/6th contIguous to the
City of Wheat Ridge. There is one error on the Annexation Map in a cItatIOn for Parcel 143 along
Interstate 70 nght of way The correct Book Number is 1855, not 1955
The annexatlOn wIll create an enclave around the Table MountaIn Ammal Shelter and our road and
bndge maIntenance area. We wIll contInue to work WIth Wheat RIdge and Cabela's on determIning the
possIbIlities for this area. However, If negotIations do not continue, we would be concerned that
Jefferson County's land may be annexed into the CIty of Wheat Ridge
As you know, Jefferson County is very concerned about the traffic Impacts of the proposed rezomng.
We urge you to contInue workIng wIth us and the reSIdents of umncorporated Jefferson County to
ensure traffic Impacts are properly mItigated.
Attached is a lIst of other issues that have come to our attentIon We hope that the City of Wheat RIdge
wIll contInue to work wIth Jefferson Cuunty to resolve uur Issues and concerns and would apprecIate a
wntten response to our IdentIfied Issues. If you have any questions about these comments please
contact me at 303-271-8475.
SIncerely,
Wn.AL,
Nanette Neelan
Assistant County Admimstrator
100 Jefferson County Parkway, Golden, Colorado 80419
(303) 279-6511
http '/jeffco. us
ANNEXA TION AND DEVELOPMENT ISSUES
Annexation Map Error: See letter
Traffic: See letter
Enclave: See letter
Future Annexation: 31-12-107 (6) C.R.S prohibits the annexatIon of the area whIch IS the same or
substantially the same area in whIch an electIOn for annexation was held withIn the precedIng
twelve months. ThIS proVIsion may effect the timing of any potentIal annexation of the
Jefferson County property
Trails: ContInue to work wIth Jefferson County Open Space to determine the best alIgnment for and
connectIons from 32nd to the Clear Creek TraIl
Grading: All possible dust and erosIOn control measures should be taken to prevent Impacts on the
residents of umncorporated Jefferson County
Covenants, The RetaIl Center Restnctlve Covenants contaIn several use restrictions that appear to
prohIbIt the possible relocatIOn of the Table MountaIn Animal Shelter to the area. ArtIcle 3, l.a
prOhIbIts uses wIth obnoxIOUS odors and nOIse or sound, I.k prohibits ammal raIsIng faCIlitIes,
and I.r prohibits training or educational faCIlItIes. Please provide confirmation that these
restnctlOns wIll not apply to the property beIng conSIdered for the relocatIOn.
Riparian Areas: A FEMA floodplain is quite extensIve on this site. All appropnate regulatIOns
should be followed if there will be modification of the floodplain. Also, the northern portIOn of
thIS property, near Clear Creek, is a mule deer riparian zone and winter concentration area.
Historic Structures: Jefferson County Histoncal COnUTIlSSlOn'S Cultural Resource Survey Identifies
the Slater House as a sigmficant cultural resource. If the house is to be demolIshed, the
Histoncal CommlSSlOn would lIke to document the house before demolItIOn.
Environmental Site Assessment: Please proVIde the Jefferson County with the completed Phase II
Environmental Site Assessment.
"
/ !:/
.; Ii
.' ,
be processed concurrently and scheduled for publIc heanngs on the same mght. WhIle the City was
processmg the annexatIon and zonIng requests, Cabela's and Coors were gOIng to seek the necessary
approvals from Jefferson County and the State to proceed with excavatlOn and levelmg of the property
In question It became apparent that It would be more effiCIent If Cabela's and Coors dealt with only
one JunsdlctlOn, the City of Wheat Ridge, WIth regard to development Issues. Cabela's and Coors
have elected to request annexatIon separately from the zOnIng request, and wIll submIt an apphcauon
for a SpeCIal Use Penmt to undertake the excavauon and levelIng of the site.
If CIty Council approves the annexation on February 28th, under the MuniCIpal AnnexatIOn Act, the
CIIY IS required to zone the property WIthIn 90 days. The zonIng request and the OutlIne Development
Plan Will be submitted and reviewed such that thIS requirement WIll be met. It IS also antIcipated that
at least two Final Development Plans and a final plat WIll be conSIdered by CouncIl at the same
heanng as the OutlIne Development Plan. These plans Will also be revIewed by PlannIng
CommissIon.
The deCISion to annex a property is a legIslative decISIOn of City Council The)/6 contiguity
reqUIrement is met There IS a plan in place forthe area to be annexed. The petItioners represent more
than 50% of the landowners ownIng more than 50% of the land proposed for annexatIOn. There is a
communIty of Interest between the City and the land to be annexed, the area IS surrounded by urban
development and likely will be urban Itself m the near future, and the area IS capable of beIng
Integrated with the Clly The annexation Will not extend the boundary of the CIty more than three
miles The area meets the annexauon elIgtbIllly requirements established In the MUniCipal AnnexatIOn
.\(t
.'I.TER~A TI\'F_~ CO~SIDERED:
The CIl~ Council has two options to conSIder'
,
Adopt a motIOn adoptIng the resolutIon
Adopt a mouon denYIng the resolution
FI"iA "iClAL IMPACT:
The anneutlon of the property Will create an Immedtate responslblhty of the City to proVide police
pf0tectlon, thus IIlcumng some finanCial Impact \\.hlch IS unquantlfiable at this time With
de\elopment of the property. the City Will receIve sales and property tax revenues generated by the
huslnesses and Improvements on the property. The City Will receIve one-tIme use tax revenue on
bUilding matenaJs and one-tIme fees for annexatIon, lOnIng. and engmeenng revIew
r' RECOMMENDED MOTION:
"I move to adopt Resolution No
Coo~CauelJ'slSalter anne:utlon"
14-2005
. malung findIngs of fact regardmg the
ITEM NO: .3 \ 13 ,
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE.
February 28, 2005
TITLE:
COUNCIL BILL NO. 01-2005, AN ORDINANCE ANNEXING TO
THE CITY OF WHEAT RIDGE UNINCORPORATED
TERRITORY KNOWN AS THE CABELA'S/COORS/SALTER
PARCEL LOCATED IN JEFFERSON COUNTY.
[8] PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date. January 24,2005)
[8] ORDINANCES FOR 2ND READING
Quasi-J ud]c]al.
D
Yes
[8]
No
;l, aJ/iL-
City~o..Jrcs
Community Development Director
EXECUTIVE SUMMARY:
Under the Mumc]pal Annexation Act, the annexation of property to a municipality must be
accomphshed by ordinance, The ordinance was adopted on first readmg on January 24,2005 and set
the public hearing to consIder the annexation of the Cabela's/Coors/Salter parcel for February 28,
2005. The annexation petttlOn was submitted to the City on January 14,2005.
The property meets all of the elig]bllity requirements estabhshed m the Act for annexing property.
COMMISSION/BOARD RECOMMENDA nON:
None. Only the Council acts upon annexation petitIOns.
STATEMENT OF THE ISSUES:
If City Council approves the annexation on February 28th, under the Mumclpal Annexatton Act, the
City ]S required to zone the property within 90 days. The zoning request and the Outline Development
Plan will be submItted and revIewed such that thIS reqUIrement will be met. It is also antiCIpated that
at least two Final Development Plans and a final plat will be considered by Council at the same
heanng as the Outlme Development Plan. These plans wIll also be revIewed by PlannIng
Comm]sslon
The decIsIOn to annex a property is a leglslat]ve deCIsIOn of City Council The 1/6 contIgUIty
reqUIrement is met. The petitIoners represent more than 50% of the landowners owning more than
50% of the land proposed for annexation. There is a commumty of interest between the City and the
land to be annexed, the area is surrounded by urban development and likely will be urban Itself in the
near future, and the area is capable of beIng Integrated wIth the CIty The area meets all of the
applicable reqUIrements for annexatIOn established in the Mumcipal Annexation Act.
A copy of the Annexation Impact Report reqUIred by the Act is attached for your informatIon.
AL TERNA TIVES CONSIDERED:
The City CouncIl has two options to consider with the ordinance:
I Adopt a motion to adopt the ordmance
2. Adopt a motion to table the ordmance mdefimtely.
FINANCIAL IMPACT:
The annexation of the property w]ll create an Immediate responsibility of the CIty to provide police
protectIon, thus mcumng some finanCIal impact which is unquantJfiable at this tIme. With
development of the property, the City will receIve sales and property tax revenues generated by the
husmesses and Improvements on the property. The City will receIve one-time use tax revenue on
buildIng materials and one-time fees for annexatIOn, zoning, and engineering revIew.
RECOMMENDED MOTION: "iJ
01 'I ,/ ;".;,{'"
~"I move to approve Council Bill No. - ,",00.:> on second reading and that ]t take effect upon QJ"
reeOftffition.nf-three certifilld eopres 01 the annexadulI mdlll<1I1C-e; and mal-' of lite; ,1Ie;a 31lJltAeS with
~1effl::rsoR County Clerk >Joel Recorelf'~ uy c.R..S J I IlJ."
Or,
"I move to table mdefimtely CouncJl Bill No. ~I- :laD;:;
Report Prepared by. Alan WhIte, Commumty Development Dtrector
Rev]ewed by: Gerald Dahl, CIty Attorney
Attachments:
L Annexation Impact Report
2. Council BJll No
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO 38
Series of 2004
TITLE
A RESOLUTION APPROVING AN ANNEXATION AND
DEVELOPMENT AGREEMENT AMONG THE CITY, CABELA'S
RETAIL, INC, AND THE COORS BREWING COMPANY
WHEREAS, the City is a home rule municipality organized and operating
pursuant to Article XX of the Colorado Constitution and the Colorado Revised Statutes,
and
WHEREAS, the City IS authonzed to annex territory into the corporate
boundaries of the City pursuant to C R S S 31-12-101, et. seq , and
WHEREAS, Cabela's Retail, Inc. and the Coors Brewing Company, as owners
and/or contract purchasers of real property in unincorporated Jefferson County
contiguous with the present City boundanes, have expressed interest in annexing said
property into the City; and
WHEREAS an Annexation and Development Agreement has been prepared
which memorializes the terms and conditions under which the City Council is Willing to
consider annexation of the property, and
WHEREAS the City Council has determined that it IS in the best interest of the
City that the Annexation and Development Agreement be approved
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. The Annexation and Development Agreement among the City of
Wheat Ridge, Cabela's Retail, Inc., and the Coors Brewing Company dated December
20,2004 (a copy of which is attached hereto as Exhibit A and fully incorporated herein
by this reference) is hereby approved, and the Mayor and City Clerk are hereby
authorized and directed to execute the same.
Section 2. This Resolution shall be effective upon adoption
Section 3. Publication. This Resolution shall be published in a newspaper of
general circulation within the City of Wheat Ridge
DONE AND RESOLVED this .': L day of December, 2004
GED\53027 17\491603 1
ATTACHMENT 1
r
I( ,',' .. L
t- <-, / '( iu, l. /c C 1: i
Gretchen Cerveny, Mayor
ATTEST
~~'Yu l\Q,J (J--
~mela Y Anderson, City Clerk
'J
'.
Published in the Wheat Ridge Transcript: December 30
,2004
GED\530:Z7 171491603 1
.... l \.. I
EXHIBIT A
ANNEXATION AND DEVElOPMENT AGREEMENT
IA TT ACHED]
GED153027 171491603 1
2 71090 ~
ANNEXATION AND DEVELOPMENT AGREEMENT
Among
The City of Wheat Ridge,
a Colorado mUnicipal corporatIon,
Cabela's Retail Inc.,
a Nebraska corporatIon
and
Coors Brewing Company,
a Colorado corporallon
Dated
December 20, 2004
T ABLE OF COl''TENTS
Page
PARTIES. . I
2 RECIT ALS
3 DEFINITIONS. . 2
4 EFFECTIVE DATE AND TERM OF AGREEMENT 6
5 DEVELOPMENT OF THE PROJECT 7
6 ZONING AND RELATED APPROV ALS 8
7 PUBLIC IMPROVEMENTS 9
8. SALES TAX REVENUE SHARlNG AND PUBLIC IMPROVEMENT FEE 12
9 BONDS 18
10 ADDITIONAL INCENTIVES ]9
11 SPECIAL DISTRICTS 20
12 OWNERS' ASSOC]ATIONS 20
13 DEFAULT AND REMEDIES 21
14 MISCELLANEOUS 22
15 EXHIBITS . ...., 27
27 3090 4
Al'<1\'EXATION M"'D DEVELOPMENT AGREEMENT
THIS AGREEMENT is made and entered into as of the 20th day of December, 2004
1. PARTIES
The parties to thiS Agreement are the City of Wheat Ridge, a Colorado mUnIcipal
corporation (the '.Cay"), Cabela's Retail Inc , a Nebraska corporatlon ("Cabela's"),
and Coors Brewing Company, a Colorado corporation ("Coors")
2. RECITALS
This Agreement is entered into on the baSIS of the followlOg facts, understandmgs and
intentIOns of the parties
a. The City IS a municipal corporation existmg under the laws of the State of
Colorado and ItS home rule charter Cabela's is a corporation, duly organized,
existmg and in good standing under the laws of the State of Nebraska. Coors IS
a corporation, duly organized, eXlstmg and m good standmg under the laws of
the State of Colorado
b Cabela's and Coors are either the owners, contract purchasers or antIcipated
contract purchasers of the real property described 10 Exhibit A, attached hereto
and IOcorporated herein by reference (the ., Property")
c Coors and Cabela's deSire to annex the Property to the City and for that purpose
IOtend to submll (or anticipate that other necessary entitles Will submit) to the
City certain annexation petitions seeking simultaneous annexatton of a group of
parcels that collectively constltute the Property
d. Cabela's deSIres to construct and operate an approximately 225,000 square foot
retail facility on the Property which will serve as a tounsm destinalion center
speciahzmg m hunting, fishing, camping and outdoor gear (the "Cabela's
Store"), along with the construction and operation of certalO other related
buildmgs designed to anraet other retailers to the City (the "Retail Center").
Other parcels of land owned by Coors wahm the Property, as shown on the
attached Exhibit B, may be developed In the future ('"Coors Parcell," "Coors
Parcel 2A," "Coors Parcel 2B," "Coors Parcel 3" and "Coors Parcel 4,"
colleclively "Coors Parcels") The Cabela's Store, Retail Center and the Coors
Parcels are collectively referred to as '.Cabela's Project." The parlles agree that
the parcel boundanes shovm on Exhibit B may be adjusted upon the filing of an
Outline Development Plan for all or a portion of the Property, and that a revised
Exhibit B shall thereupon be substituted for that attached hereto
273090 4
e The Cabela's Project", III be developed as a Planned CommercIal Development
under the Wheat RIdge Code of Laws
f Development of the Property will necessllate public mfrastructure Improvements
and public ser\'1ces, wIll contribute to the economic growth of the CIlY, and will
mcrease future tax revenues recewed by the City, and is a development project
for whIch economIc incentives will serve a lawful public purpose
g The parties contemplate that a portIOn of the sales tax revenues to be receIved
by the City from activities associated with the Property will be shared with a
speCIal distrIct that Will be orgamzed pursuant to thIS Agreement for the purpose
of assIsting wllh the payment of costs for constructmg public infrastructure
Improvements and providmg publIc servIces in consideratIOn of the Increased
tax revenues and other benefits that the City expects to realize as a result of the
annexation and development of the Property
h The pames deSire to set forth in this Agreement their agreements relative to the
sharing of a portIOn of the City's sales tax revenue from the Property for the
purpose of fundmg certain public improvements
Under the Act, metropolitan distrIcts have the power to finance the construction
of certam public Improvements by iSSUing bonds
J The partIes contemplate the creatIon of a metropolitan dIStrICt, encompassmg the
Property (the "'Metropolitan DIstrict.')
k C R.S Section 31-12-121 speCIfically authonzes the pames to enter Into this
Agreement In connectIon with the annexation of the Property mto the City
NOW THEREFORE, In consideratIon of the mutual covenants and agreements
contained herein and for other good and valuable consideration, the receipt and adequacy of
whIch is hereby acknowledged by the City, Coors and Cabela's, the partIes agree as follows
3. DEFINITIONS
As used m thIS Agreement, unless specifically stated otherWIse, the words and phrases
used shall have the meaning as defined in the Wheat RIdge Code of Laws For the
purpose of thIS Agreement the followmg words and phrases shall have the defimuons
pro\'1ded for below
a "' Act"' means the Special DIStrIct Act, Colorado Re\'1sed Statutes S 32-1-10 I,
et~
b "'Agreement" means thiS Annexation and Development Agreement
273090 4
2
c "Annexors" means Cabela's and Coors, provided, howe\er, It shall also Include
any other party that subsequently submits an annexation petItIOn to the City for
purposes of annexing any portion of the Property
d "Bond Indenture" means the defillltive agreement entered Into by the
Metropolitan Distnct and the Trustee which proVides for the Issuance of the
Bonds III accordance WIth the terms set forth 1ll this Agreement
e. "Bonds" means the bonds issued by the Metropolitan Distnct In accordance wllh
the terms of the Act, which shall consist of Tax-Free Bonds to the greatest
extent possible, with the remainder consisting of Taxable Bonds
f "Cabela's" means Cabela's Retail, Inc, a Nebraska corpora{Jon, and IlS
successors or assigns
g "Cabela's Project" has the meaning ascribed to Il in Secllon 2 d
h "Cabela' s Store" has the meaning ascribed to it In Section 2 d
"CDOT"' means the Colorado Department of TransportatIOn
"CIty" means the Cay of Wheat Ridge, Colorado, a home rule mUnIcipal
corporatIOn
k '"Coors" means Coors Brewing Company, a Colorado corporatIon
"Coors Parcel I," "Coors Parcel 2A," "Coors Parcel 2B," "Coors Parcel 3,"
"Coors Parcel 4," and "Coors Parcels" have the meanings ascribed to such
terms in Section 2 d
m "Council" means the City Council of the City as that body may be constituted
from time to time
n "County" means Jefferson County, Colorado, a county establIshed under the
proviSIOns of Colorado law
o "Final Development Plan" means a Final Development Plan, as described In
Section 26-308 D of the Wheat Ridge Code of Laws
p "Final Plat" means a final subdiVision plat submitted by Cabela's and approved
by the City as part of the subdiVision process for any pan of the Property,
pursuant to the proviSIOns of the Wheat Ridge Code of Laws, Seellon 26-401
et~
q "Force Majeure" means and shall be lImited to an event which IS beyond the
reason~ble control of Annexors or the City and which causes a delay or failure
to perform oblIgallons hereunder, includIng, without lImItatIOn, acts of God,
3
273090 4
earthquake, fire, explosIOn, war, civil msurrection, acts of the publlc enem) ,
acts of civil or mlhtary authonty, sabotage, terrorISm, floods, IIghtmng,
hurricanes, tornadoes, severe snow storms, major equIpment failure. utJlIly
disruptIOn, failure of a major suppher to perform llS obligatIOn to an Annexor
not arising out of or involving a failure toward such supplier by an Annexor,
stnkes, lockouts or other labor disputes With respect to which an Annexor has
not been determmed by the National Labor Relations Board to have engaged III
any unfair labor practIces, or change in law or the interpretatIon thereof by
responsible authonty whIch shall prohibit any change in the operation of the
Cabela's Project or materially increase the costs of the foregomg beyond those
foreseeable on the date hereof, so long as, in any such case (i) such e\ ents are
beyond the reasonable control of, and should not m the exerCIse of reasonable
caution have been foreseen and aVOIded or mitIgated by the subject Annexor or
the CllY. as applicable, and (Ii) the subject Annexor or the Clly, as applIcable, is
usmg its best reasonable efforts to remedy the effects thereof
r "Metropolitan Dlstnct" means the metropotllan district the parties antlClpate WJll
be establIshed followmg annexation of the Property to the Cll)' The
Metropolitan Distnct service plan shall provIde that the MetropolHan District
shall exist for a term not to exceed forty-two (42) jears along wllh such other
customary and necessary provisIOns to reflect the oblIgations of the MetropolHan
Dlstnct m accordance wllh state law and the terms set fonh m thiS Agreement
s "PCD" means the Planned Commercial DIStrict as defined III the Wheat Ridge
Code of Laws
t. "PCD Final Plan" means Cabela's Planned Commercial District Final
Development Plan, as defined in the City's Planned Development Regulattons,
and the accompanying exhibllS.
u "PCD Plan" means Cabela's Planned Commercial Dlstnct plan as defined III the
Planned Development Regulations. Such PCD Plan for the Property mcludes the
PCD Outhne Development Plan, all PCD Final Plans and such other graphIC
and wrinen documents deSignated by the Council at the lime of annexatIOn of
the Property and approval of the PCD Outline Development Plan, wllh all
conditions that may be attached to such approvals
v "PCD OutlIne Development Plan" means Cabela's Planned Commercial DIstnct
Outline Development Plan, as defined in the CllY'S Planned Development
Regulations. and the accompanYIng exhibIts
w "Planned Development Regulations" shall mean SectIOns 26-301, et ~ of the
Wheat Ridge Code of Laws, as well as all other sectIOns of the Wheat Ridge
Code of Laws referred to therein.
x. "Property" has the meaning ascribed to it in Section 2 b
4
273090 4
Y "Pubhc FacihtJes" means those portions of the Property and bUlldmg compnsmg
the Cabela's Store that are owned by the Metropolllan DistrIct and available and
used primarIly by the general public
z "Public Improvements," meludes the PublIc Infrastructure, the Pubhc Roadway
Improvements and the PublIc Facllllies
aa "Pubhc Improvement Fee" has the meamng ascribed to it in Section 8 b
bb "Public Improvement Fee Revenue Bonds" has the meanmg ascribed to it m
Section 8 b
cc "Pubhc Infrastructure" means, within the service area of the Metropolitan
District, the design and construction of the utlhtIes, dramage Improvements and
such other Similar items as agreed upon by the partIes
dd "Public Roadway Improvements" means the deSign and constructIOn of any
access interchanges, ramp improvements, road wldenmg and other roads or
streets deemed reasonably necessary to Improve access to the Cabela's Project,
as further described on Exhibit E under the headmg "PublIc Roadways"
ee "Retail Center" has the meamng ascribed to II m SectIon 2 d
ff "ServIce Plan" has the meanmg ascribed to II III SectIon I] b
gg "Shared Sales Tax" has the meamng ascribed 10 II m SectIon 8 a
hh "Shared Sales Tax Revenue Bonds" has the meamng ascribed to It 10
SectIon 8 a
II "State" means the State of Colorado
JJ "SubdIvision Regulations" means those regulations adopted by the Clly pursuant
to C R S Section 3]-23-201, el seq, and now contained in Chapter 26,
Artlele 4 of the Wheat Ridge Code of Laws, as the same may be amended from
time to time by ordmance of general applicabllny throughout the City
kk "Taxable Bonds" means the portion of Bonds to be used for acquisitIOn and/or
construction of Public Improvements in conjunctIOn with the Cabela's Project
which do not qualify for federal tax-exemption. The Taxable Bonds are
expected to be taxable, have a maturity not to exceed fony (40) years, and shall
bear mterest at a rate or rates to be set forth m the Service Plan of the
Metropolitan Distnct
II "Tax-Free Bonds" means the portIon of Bonds to be used for acquislllon and/or
construction of PublIc Improvements in conjunction "ith the Cabela's Project
which do qualify for federal tax-exemption The Tax-Free Bonds are expected
173090 4
5
to be tax-exempt, have a matunty not to exceed twenty-five (25) years, and shall
bear mterest at a rate or rates to be set forth m the Service Plan of the
MetropolItan DistrIct. The parties hereby agree that the Tax-Free Bonds shall
only be tax-exempt to the extent permItted under the United States Internal
Revenue Code of 1986, as amended Upon or before Issuance of the Bonds,
bond counsel to the MetropolItan Dlstnct shall pro\'1de a customary opmlOn WIth
regard to the tax-exempt status of the Tax-Free Bonds In the event that the
Tax-Free Bonds are ever deemed taxable, the interest shall automatically adjust
to provide the rate of interest earned on Taxable Bonds for any perIod that the
Tax-Free Bonds are deemed taxable
mm "Trainmg Grant" means any federal or state employee traming grant for the
training of non-pomt-of-sale employees who Will ""ork m the Cabela' s Store
nn "Trustee" means the trustee appomted to serve m such role m accordance WIth
the Bond Indenture
00 "Wheat Ridge Code of Laws" means the mumctpal code and ordmances of the
CIty of Wheat Ridge, Colorado as adopted and as amended from lIme to llme by
the Council
.t. EFFECTIVE DATE A;'I,1) TER.l\f OF AGREE!\fE:\T
273090 4
a
ThiS Agreement shall be effecllve upon execullon by the Parlles The term of
thIS Agreement shall be forty-five (45) years from the date of thiS Agreement,
unless earlIer terminated as provIded herem After the eXpiratIOn of the term or
earlIer termmallon, thiS Agreement shall be deemed terminated and of no further
force and effect, provIded, however, such terminallon shall not affect (a)
annexatIOn of the Property IOta the City, (b) any right arising from City permIts.
approvals or other entitlements for the Property whIch were granted or approved
prior to, concurrently with, or subsequent to the approval of thIS Agreement and
that were contemplated to contmue after terminatlon of thIS Agreement, (c)
except as otherWise set forth in this Agreement, construction, mamtenance and
repair of Public Improvements, (d) repayment of the Bonds, or (e) any
contmumg nghts to share m the PublIc Improvement Fee DespIte such
explratlon and notwlthstandmg any pro\'1slOn of the Wheat Ridge Code of Laws
to the contrary, the zonmg of the Property shall remain the same as it existed
under the PCD Outline Development Plan. except no further permits or
approvals, mcluding but not lImited to Final Development Plans, Final Plats or
building permit approvals, shall be granted by the City unlll the CIty has
approved a new or amended Development Agreement which may include an
amended OutlIne Development Plan for the Property or a portlon thereof and the
necessary SUbdiVISIOn Improvements agreements have been executed and
secunty has been provided
6
5. DEVELOPME!'."T OF THE PROJECT
a Development of Cabela's ProJect Cabela's or ItS assigns Intends to acquire (i)
approximately eighty (80) acres of real estate m umncorporated Jefferson
County, Colorado from Coors, (Ii) approximately thmy-slx (36) acres of real
estate ill unincorporated Jefferson County, Colorado (located adjacent to the
Coors parcel) from the County, (Iii) approximately two (2) acres of real estate In
the CIty of Wheat Ridge, Colorado (located adjacent to the Coors parcel) from
Dwaine R RIchter and/or 70 WBC, LLC and (IV) approximately seven (7) acres
of real estate 10 unmcorporated Jefferson County, Colorado (located adjacent to
the Coors parcel) from William J Salter, Jr , Beverly J Salter and Melvm J
Salter, all for Cabela's development of the Cabela's Store and the Retail Center
which shall be located wlthm the Property in the approxImate locallons depIcted
on Exhibit B attached hereto. Cabela's wIll acqUIre, construct, furnish and
equip the Cabela' s Store, provIded, however, Annexors' obligations under thiS
SectIon shall be (i) contingent upon Cabela's or its assigns entenng Into a
binding real estate agreement with each of Coors, Jefferson County, Richter and
Salter to purchase the property described above, (Ii) contlngent upon the
fulfillment of the other terms of this Agreement by the other parties hereto and
(Iii) subject to delay, but not cancellation, to the extent such delay IS caused by
Force Majeure Cabela's expects that It or liS assigns WII! sell a portion or
portions of the remamIng land owned or to be owned by Cabela.s that IS located
In the boundarIes of the Property to complementary retaIl and commercIal
ventures such as restaurants, a hotel and water park and/or In-lIne retail ~tores
with a vanety of retail tenants Similarly, subject to complJance \\ lIh the CIty's
SubdiVISion Regulations, Coors may sell all or portIOns of the Coors Parcels In
connection With further development of those parcels described in SectIOn 5 c
The CIty's obligations under this Agreement are contingent upon the disclosure
by Cabela's and Coors of purchase and sale agreements and any development
agreements related to the Property entered Into by Cabela's, Coors, theIr
affihates or subsidiaries, as those agreements affect the nghts and obligations of
the City herein. The City hereby acknowledges that, as requested by Cabela's
and Coors, all such information shall be subject to the confidentiality proviSions
of C.R S ~ 24-72-204(3)(a)(IV) to the full extent permllted by law
b CompletlOn of Cabela. s Store Cabela' s shall open the Cabela' s Store on or
before September 30, 2006, pro\ Ided, however, said completion date IS subject
to delays caused by Force Majeure or the faIlure of the Cny to fulfill its
obligations as contemplated In thiS Agreement
c Phases Although all of the Property is expected to be annexed by the City at
the same time, the parties acknowledge that there will probably be more than
one annexation petition filed by the Annexors, thereby resulting In a series of
simultaneous annexations Additionally, the partIes acknowledge that the
Propeny Will probably be developed in mulliple phases which can generally be
7
273090 4
described as follows: (I) the Cabela's Store; (Ii) the Retail Center, and (Ill) each
or all of the Coors Parcels The City agrees such phased development IS
appropriate under the applicable terms of this Agreement and the PCD Outline
Development Plan
d Reserved
e After the expiratIOn or termmation of this Agreement, the zomng of all parts of
the Property shall continue and remain m effect as provided m the PCD Outline
Development Plan unless and until rezoned by the owner or the City as provided
for in Chapter 26 of the Wheat Ridge Code of Laws subject to Sectlon 4 a
f CreatIon of Jobs, Job Trainmg Opportunities Cabela's agrees that, upon
openmg the Cabela's Store, it shall employ at least 320 full-time eqUIvalent
employees in the Cabela's Store at wage levels and benefits consistent With area
wage levels and benefits for appropnate skills (plus benefits for full-lJme
employees consistent WIth mdustry standards) For purposes of thiS Section, a
"full-tIme eqUivalent employee" shall mean enher (i) one (I) Indmdual \\ ho
works for a penod of not less than forty (40) hours per week or (Il) two (2) or
more mdlvlduals who work for a period of not less than forty (40) hours per
\\ed: in the aggregate In additlon to Force Majeure, Cabela.s oblIgations
under thiS Section shall be subject to avatlabllIty of qualified employees
6. ZONING A;-"1) RELATED APPROVALS
273090 4
a
Pro\ect Plan Approval, Zonmg, Suitability The City shall use reasonable
efforts consistent wllh applicable law to support and approve the Cabela's
Project and the creatIon of the Metropolllan Distnct as contemplated by thIS
Agreement and the further development of the Coors Parcels by Coors or ItS
successors and assigns m a manner consistent With the overall development plan
contemplated by the PCD Outline Development Plan and execute and delIver all
necessary documents or instruments contemplated by or related to thiS
Agreement Annexors acknowledge that they shall make their own independent
investigatIon as to the suitability of the Property for purposes of developmg the
Cabela's Project and any future projects to be developed on the Coors Parcels,
and further acknowledge that they have not relied upon any represental10ns or
warrantIes by the City wllh regard to such sUllablhty In the event that Cabela's
determmes that the Property is not suitable for development of the Cabela's
Store for any reason (includmg, but not limited to, tltle issues, environmental
condlllons, SOli conditIOns, access to ulJlil1es, planning or zoning), then Cabela's
may, in its sole and absolute discretion, termmate this Agreement Without
penalty and Wtthout further obligatton of either Annexor to the City hereto.
Such termmauon must take place, If at all, prIor to the date of final pubhc
heanng on an ordmance annexing all or part of the Property
8
b Permitted Uses The land uses for the Property shaH be only as specified In the
approved PCD OutlIne Development Plan No different or addItIOnal uses shall
be permitted, unless approved by the City's Director of Community
Development as proVIded In the Wheat Ridge Code of Laws or through an
amendment to the PCD Outlme Development Plan or Final De\ elopment Plan
pursuant to the provisions of the Wheat Ridge Code of Laws In effect at the lime
of such amendment The Coors Parcels Will be deSignated for future
conunercial, retail, office, warehouse, and/or recreational use as further detailed
on the PCD OutlIne Development Plan. A portion of Coors Parcel I WIll be
deSignated for use as a pnvate reservoir
c RestrIcllve CO\enants Cabela's will cooperate wnh the owners of other
properties withIn the Property to prepare and record covenants and restrIctions
reasonably acceptable to the City to govern development wnhin the Property
("Covenants") The Covenants shall be in a form substantIally SimIlar to those
attached hereto as Exhibit C The Covenants shall mclude, but not be limIted
to, a restrictIOn against any other retailers In the Retail Center \\ ho specialize In
sellmg hunting, fishIng, campmg, and outdoor gear
d Open Space and TraIls Open space and trails shall be prOVIded as set forth In
the PCD Outline Development Plan CertaIn traIls currently located In the
VICInity of Coors Parcel 2B and Coors Parcel 3 may be relocated to
acconunodate development of the Property No area that has been deSignated as
open space or traIls shall subsequently be subdivided No open space or traIl
requirement Will be Imposed on any particular Coors Parcel except WIth respect
to a Final Development Plan approved for that Coors Parcel The prohlbnlOn
against subsequent subdivision of open space or traIls shall appear on the face of
any Final Plat that contains open space or trails and shall be mdlcated as a
covenant running with such land
e Review Process. The City agrees to proVide fast-track approval to the greatest
extent possible when reviewing the PCD application, establishing the
Metropolitan District, and reviewing any necessary Tlghts-of-way or easements
for the Roadway Improvements The CIty agrees, within the constramts
imposed by its Code of Laws, to execute and deliver all necessary documents or
instruments contemplated by or related to thiS Agreement
7. PtiBLIC IMPROVEMENTS
a Constructlon. Maintenance and Repair The Metropolitan DistrIct shall be
responsible for the acquiSItIOn andlor constructIOn of all of the Public
Improvements and such other improvements which may be subsequently agreed
upon by the parties to thiS Agreement. The City shall accept dedIcation of and
be responsible for all maIntenance on Cabela Drive and the 40th A venue
Extension (as both are defined below In Section 7 b) The Public Roadway
2730'Xl 4
9
Improvements located outside the Property shall be dedIcated to and maintained
by the City, the County or CDOT, as may be agreed upon by those entities
The Metropolitan DIstrict shall maIntaIn all PublIc Improvements WIthin the
Property except Cabela DrIve and the 40th Avenue Extension The PublIc
Roadway Improvements shall be constructed and maIntaIned USIng standards
approved by the City. The MetropolItan District may contract \\ Ith other
partIes, IncludIng without limitation the City, COOT, the County andlor the
Annexors, to undertake some or all of its obligatIOns under thIS SectIOn, with
the prior approval of the CIty The City shall provide police protectIOn to the
Property In a manner conSIstent with the normal level of services prOVIded by
the City with regard to SImilar areas of the City located outSide the Metropolitan
DIstrict
b Public Roadwav Improvements
273090 4
1)
The following constItutes the PublIc Roadway Improvements (I) a new
road with two to five lanes (IncludIng three lanes through Coors
Parcel 2B and Coors Parcel 3 and two lanes from Coors Parcel 2B west
to McIntyre Street) to connect 32nd Avenue to Mcintyre Street ("Cabela
Drive"), (Ii) the WIdenIng of 32nd Avenue by adding one lane m each
dIrection from Y oungfield Street to 1-70 Service Road West, !DcludIng
WIdening under the 1-70 brIdges, (Ill) the constructIon of transltlOnmg
pavement Improvements on 32nd A venue from 1-70 SerVIce Road West
to AlkIre Street; (IV) the additIOn of lanes on the west-bound off and on
ramps and the east-bound off-ramp of the I-70/32nd A venue Interchange,
(v) the widemng of Y oungfield Street to proVIde double left turn lanes
onto 32nd A venue for north-bound traffic, (vi) a 3-lane underpass under
1-70 connectmg the Property with 40th A venue at Y oungfield Street,
Includmg an extension of 40th A venue Into the Property to Cabela Drive
for this purpose (the "40th Avenue ExtenSIOn"), and (VlI) reconstruction
of the intersec!lon of the South SH 58 Frontage Road at McIntyre Street
(the .. McIntyre Intersection (roundbout)" and "Mcintyre ExtenSIOn
Road" as shown on Exhibit E) to accommodate the traffic projected for
Cabela Drive All of the Public Roadway Improvements are further
described on Exhibit E under the headIng "Public Roadways."
2)
Cabela's shall assist the City In conformIng with the COOT Policy 1601
concernmg Improvement of the 1-70/32nd A venue Interchange by
provldmg the engIneerIng services reqUired, the costs of which shall be
funded by Bonds
3)
COOT, the City, the County and Cabela's shall have an opportumty to
revIew and approve the design of the Public Roadway Improvements to
be constructed by or under the dIrection of the Metropolitan District to
assure that such improvements will be constructed m accordance with
10
approved JunsdlctlOn standards and will accommodate the antICIpated
traffic to, and development withlll, the Property The Metropolllan
DistrIct, Cabela' s and the Clly shall enter llltO any agreements or take
any actions deemed reasonably necessary to brIng about construcllon of
the work described in this Section (mcludlllg, but not limned to, any
emlllent domalll or condemnation actions which may be necessary to
acqUire right-of-way or easements for said work, the costs of which
emment domam or condemnation shall be made a part of the costs of
construction funded by the Bonds)
4) After the Public Roadway Improvements outside the Property are
complete and CDOT, the County and lor CIlY have determIned that the
Public Roadway Improvements meet then standards, the Metropolitan
District shall convey and it IS expected that CDOT, the County and/or
the Cny (as appropriate) shall accept dedICation of and shall maIntam
those Public Roadway Improvements, provided, however, the
Metropolllan DistrIct shall mamtain all of the Public Roadway
Improvements withm the Property (except Cabela Dme and lhe 40th
A venue ExtenSIOn) m a manner conslstenr wllh lhe CIty's maIntenance
standards. The Melropolitan DistrIct wll] cease to eXist 42 years after IlS
formation, after which time, all Public Roadway Improvements will be
maintained by the enllly which has accepted dedication of the same
c Public Infrastructure fhe Parlles agree that a Master Drainage Plan shall be
developed and delivered to the CIlY concurrently with the first Final Plat Any
Final Development Plan, Final Plat or other development shall comply with the
Master Drainage Plan. Any amendments to the Master Drainage Plan shall be
subject to review and approval by the City In the event that a discharge permIt
under the Clean Water Act (33 U S.C SectIOns 1251, et ~) or any other
discharge permit IS reqUired by a federal, state or local governmental agency,
Cabela's or the Metropolitan Dlstnct shall be responsible for obtainmg such
permlls, the costs of whtch shall be funded by the Bonds The City agrees to
cooperate wllh Cabela's and the Metropolitan DISlflct In their application for
these permits When the Metropolllan DistrIct ceases to eXist, the Public
Infrastructure shall be dedicated to and mamtained by the property owner, the
City or other governmental entities or ulIlllY providers, as approprIate
11
273090 4
d PublIc FaCIlItIes
1) The Metropolitan District shall acqUire and/or construct or be
responsible to acqUire and/or construct the PublIc FacIlnles Such
facilities shall be avaIlable for use by all residents of the Cny and such
other persons as the MetropolItan District deems approprIate, subject to
such fees or charges, If any, as may be Imposed by the Metropolitan
Distnct from tIme to l1me
2) In order to determme whIch portions of the bUIldIng compmIng the
Cabela's Store shall constItute PublIC FacIlitIes, the Cabela's Store shall
be platted as a condomInIUm and the Public Facll1tIeS wllhm the bulldmg
compmmg the Cabela' s Store shall be designated as a separate umt In
said condomInium and shall be deeded to the Metropolnan DIstrIct The
Pubhc Facllil1es In the Cabela's Store shall be owned, operated and
mamtamed by the Metropolnan Dlstnct or a designee of the Metropolitan
DistrIct It IS antiCipated that the Pubhc FaCilItIes m the bUIldIng
compriSIng the Cabela's Store will be exempt from ad valorem taxallon
by vIrtue of ownership by the Metropolllan DistrIct
3) Cabela's and the Metropolitan DistrIct may enter mlO a management
agreement under WhICh Cabela's \\lll assume ceflam respOllSlblhtIes for
maintenance. operatIon and Improvement of the PublIc FaCilItIes To the
extent Tax-Free Bonds are Issued to finance PublIc FaCIlItIes, such
management agreement must comply with the qualIfied management
contract guidelmes set forth by the Internal Re\enue ServIce
e TimIng of Pubhc Improvements The parl1es hereby agree that they w1I1 work
in good faIth with each other to ensure that the Public Improvements are
acqUIred and/or constructed In a manner and timIng sequence that (I) utIlizes
resources In a logIcal and effiCIent manner, (ii) mInimiZeS delays on other
portions of the overall Cabela.s Project, (iil) complies WIth all necessary
requirements of governmental entities wllh JUflsdlctlon over the vanous aspects
of the PublIc Improvements and (1\) allows the parties to fulfill theIr respectIve
oblIgations In a timely manner under thiS Agreement.
8. SALES TAX REVE!\TE SHARIl\G A~D PUBLIC IMPROVEMENT FEE
a Effective January I. 2005. the Cn)' \\ ill assess a sales tax at a rate of 3 %
pursuant to the prOVISIOns of Chapter 22 of the Wheat RIdge Code of Laws
The parties antlctpate an Increase In the City's lotal sales tax revenues as a result
of the de\'elopment of the Property pursuant to this Agreement AccordIngly,
the Cit)' agrees 10 shan: a pomon of the sales tax revenues from sales occurrIng
\\'lthW the Property, The amount to be shared shall be that portion of the City's
sales tax generated from the Property at a rate of one and one-tenth percenl
273090 4
12
(1 I %) (the "'Shared Sales Tax"') for a term \\hlch shall expire on the earher to
occur of (l) the date upon whIch the prIncipal and Interest has been paid on
Tax-Free Bonds issued by the MetropolItan Distnct to pay for the Public
Improvements lIsted in Exhibit E (the "'Shared Sales Tax Revenue Bonds") or
(Ii) twenty-five (25) years after the date the Shared Sales Tax Revenue Bonds
are issued As of the date of this Agreement, the panles belIe\ e that the PublIc
Improvements lIsted In Exhibit E wIll cost Eighteen MillIon One Hundred
Twenty-Eight Thousand Two Hundred Twenty-Four and NoflOO
($18,128,22400) The parties funher agree these costs Will continue to be
revised and better detenmned in the months ahead as the various engineers and
advisors who are working on the Cabela's Project further define the necessary
scope and costs of the Public Improvements AccordIngly, the City hereby
agrees that Shared Sales Tax Revenue Bonds may be Issued m an amount up to
(I) Eighteen MIllion Five-Hundred Thousand and NollOO Dollars
($18,500,000 00) based on the current costs set forth in Exhibit E without any
further approval required by the City on such amount and (Ii) up to an additIOnal
T\\o MillIon and NollOO Dollars ($2,000,000 (0) (for a total of Twenty Million
Five-Hundred Thousand and Nol100 Dollars ($20,500.000 00) of Shared Sales
Tax Revenue Bonds) If the CIty first approves a resolution to authonze such
addItIOnal expenditures The Shared Sales Tax shall be used solely to pay
prmcIpal and Interest on the Shared Sales Tax Revenue Bonds to be Issued by
the Metropolitan District m a prinCIpal amount not to exceed (1) Eighteen
MillIOn Five-Hundred Thousand and Nol100 Dollars ($18,500,000 00) \\lthout
further approval by the CIty or (11) up to Twenty MtllIon Fi\e-Hundred
Thousand and Nol100 Dollars ($20,500,000 (0) if approved by the City as
permItted above The Interest rate borne by the Shared Sales Tax Revenue
Bonds from Hme to time shall not exceed the rate speCified for Tax-Free Bonds
as set forth in the definItion thereof and the term thereof shall not exceed
twenty-five (25) years
b In addltion, Annexors will Impose by covenant or lease a publiC Improvement
fee of 1 4% while the Shared Sales Tax Revenue Bonds are outstanding and
1 5 % thereafter during the remammg term of the PublIc Improvement Fee (as
set forth in Section 8 p) on all sales occurring within the Property (the .. Pubhc
Improvement Fee") The Annexors acknowledge that the City'S sales tax Will
be charged on the combined total of the subject sales transaction and the PublIc
Improvement Fee payable With respect to such transaction The PublIc
Improvement Fee shall be used by the Metropolitan District to pay the cost to
acquIre, construct, IDstall and mamtam the portions of the PublIc Improvements
for which the MetropolItan DistrIct IS responsible, and for which Shared Sales
Tax Revenue Bonds are not to be used The MetropolItan DistrIct may Issue
Tax-Free or Taxable Bonds to finance the costs of PublIc Improvements not
financed wllh Shared Sales Tax (the "Public Improvement Fee Revenue
Bond~ ") In the event that (I) the Shared Sales Tax Revenue Bonds are not paid
m full twenty-five (25) years after the Shared Sales Tax Revenue Bonds are
273090 4
13
Issued or (II) the PublIc Impro\'ement Fee Re\ enue Bonds are paId m full pnor
to the Shared Sales Tax Revenue Bonds being paid in full. then the Publ1c
Impro\ ement Fee shall be used by the MetropolItan District to pa:-- pnnclpal and
Interest on the Shared Sales Tax Revenue Bonds The Shared Sales Tax
Revenue Bonds shall only be used to pay the costs of the PublIc Impro\ ements
as described m Exhibit E and as permitted by Section 8 a and the Shared Sales
Tax shall be used only to pay prIncipal and interest on such Shared Sales Tax
Revenue Bonds All other costs mcurred by the Metropohtan Dlslrlct to
acquire, construct, install, mamtam or finance the cost of Pubhc Improvements
shall be paid with the Pubhc Improvement Fee The Pubhc Improvement Fee
Revenue Bonds shall be used to acqUIre or construct Pubhc Impro\ ements As
of the date of this Agreement. the parties belJeve that the Public Improvements
to be funded by the Public Iml"fovement Fee Revenue Bonds wlll cost T\\ ent)-
Eight Mllhon Nme Hundred Nmety-One Thousand Three Hundred Eleven and
NollOO ($28,991,31100) The parties further agree that these costs will
contmue to be revised and better determmed in the months ahead as the various
engIneers and ad\1sors \\ ho are working on the Cabela.s Project further define
the necessary scope and costs of the Public Improvements Accordmgly, the
CIlY hereby agrees that the Pubhc Improvement Fee Revenue Bonds may be
Issued m an amount up to (i) ThIrty Million and Noll 00 Dollars
($30.000,000 00) wllhout any further approval reqUired by the CIty on such
amount and (ll) up to an addItIOnal Five MIIhon rmd NolIOO Dollars
($5,000,000 00) (for a total of Thmy-Five MIllIOn and NonOO Dollars
($35,000,000 00) of Pubhc Improvement Fee Revenue Bonds) If the CIty first
approves a resolution to authOrIze such addItIOnal expendItures Such Publlc
Improvement Fee Revenue Bonds may have a term not to exceed forty (40)
year3, shall bear interest at a rate not to exceed the rate speCified for Taxable
Bonds or Tax-Free Bonds, as apphcable, and shall be payable from the Public
Improvement Fee in accordance With such other terms and conditIOns the
Metropolitan DistrIct shall reasonably establlsh not mconslstent with thIS
Agreement or the ServIce Plan
c The Clly agrees that If lIS sales tax rate IS lowered as a result of a change m the
O\erall tax scheme ulJlized by the City, the City Will, to the extent permitted by
law, revise thlS Agreement to replace the Shared Sales Tax that would have
otherWIse been payable to Metropolnan DIStrIct under the current tax scheme
d All payments made to the Metropolnan DistrIct under the pro\ lSlons of thiS
Section shall be made within thin) (30) days of the receIpt of such funds by the
CIlY The City shall not have any liabIlity for payment of the Bonds The
CIlY.S responsibilItIes shall be limited to remlttmg the Shared Sales Tax and the
Public Improvement Fee to the MetropolItan DistrIct as prOVided In and subject
to the provIsIons of thiS Agreement
e Resen'ed
273090 4
14
f The CIty agrees to separately account for all of the Shared Sales Taxes upon
receipt All payments from the City pursuant to the proVlslOns of thIs Sectlon
shall be made from the Shared Sales Tax
g The City agrees to enforce and collect the sales taxes to be shared under the
provisIOns of this Sectlon no less dlhgently than elsewhere In the Clly The
Annexors acknowledge that the tax returns filed by indiVidual retallers and the
mdlvidualized mformatlOn denved therefrom are confidentlal and the Annexors
agree not to request such returns from the City unless a waiver of confidentiality
has been granted by the respective retailer to the City If a retailer provides a
waiver of confidentIality to the City, the Clly shall share the retaller's tax return
mformatlon With the MetropolItan Dlstnct
h Wllhm 75 days of the end of each City fiscal year, the CllY shall deliver to the
Metropolitan Dlstnct and to Cabela's a statIslIcal report of all sales taxes
received in such fiscal year from the Property (claSSIfied to prevent the
IdentlficatIon of a partlcular return or report unless a waiver of confidenl1ality
has been obtamed from any identlfied retaller).
Cabela's or the Metropolitan District shall have the TIght to audIt or contest, at
its sole expense, the City'S computatlon of Shared Sales Tax Ho\\e\er, under
no circumstances shall the City or ItS represental1\'e be under any obltgal1on m
conneCl1on with such audit to disclose mdlvldual sales tax returns or reports or
any mformatlOn or documents from which mdlvidual sales taxes could be
ascertamed or determmed, as the partIes recogmze that such mdlvl(jualized
mformatIon IS confidentlal and cannOI be dIsclosed unless a wal\'er of
confidentiahty has been obtamed from any Identified retailer Except m the case
of contests for whIch Cabela's has alleged breach of thiS Agreement, audits shall
not occur more than once annually at the tIme the City subjects its records to
audIts required by Slate law In cases of contest for WhICh Cabela' s has alleged
breach of thIS Agreement, Cabela.s may conduct an additIOnal audit at Its
expense
J Within 75 days of the end of each fiscal year the Metropolltan Dlstnct shall
provide the CllY With a full and complete accounting of the expenditure of all
funds received by the Metropolllan Dlstnct under the proviSIOns of thiS Section
during the previous fiscal year, in suffiCient detatlto enable the City to confirm
that all expenditures were made for the purposes authorized by this Agreement
k Nothmg herem shall be construed In any manner to limit the right of lhe
Annexors, theIr respecllve successors or aSSigns, or any nonprofit orgamzation,
publlc enllly (Includmg the Metropolltan Districl), owners' or tenants'
association. or simIlar entilY, to Impose or collect, or cause to be Imposed or
collected. publle Improvement fees, taxes, assessments or Similar charges for
15
273090 4
the purpose of proViding, operatmg or maintammg mfrastructure or amenIlles to
serve the Property
Any payments by the CIty under thiS SectIOn shall be expressly subject to annual
appropnatlon by the City actmg in Its sole and exclusive discretIon, pro\ Ided,
however, that It is the present mtent and expectation of the parties that the CIty
Will in fact make all of the payments contemplated by thiS Agreement None of
the payment obligations of the Clly hereunder shall be reqUlred to be paid from
any source other than Shared Sales Taxes as set forth In this SectIOn The City
Manager or any other officer or employee of the City charged wllh the
responsibility for formulating the proposed budget of the City, IS hereby
directed to Include In the budget proposal submitted to the Council m each year
thiS Agreement is III effect, amounts sufficient to pay the Shared Sales Taxes, to
the full extent that the City shall have received such amounts or reasonably
antiCipates receiving such amounts payable under this Agreement
m Prior to the opening of the Cabela's Store the Cny will take the necessary action
to temporanly waive nine-tenths of one cent of ItS three cent sales tax on
transactions within the Property. After the prinCipal and mterest on the Shared
Sales Tax Rc\ enue Bonds have been paid In full or the term during which the
City has agreed to remit the Shared Sales Tax to the Metropolitan DIstflCt has
expired, if Public Improvement Fee Revenue Bonds are outstandmg, the CIty
will take the necessary actIon to increase the amount of ns sales tax that IS
temporarily waived to one cent At such time the Public Improvement Fee may
be Increased to I 5% Upon the earlier to occur of (I) the payment of prinCipal
and Interest on Bonds Issued to acquire and/or construct the Public
Improvements described m this Agreement or (Ii) forty (40) years after the date
the first senes of Bonds are Issued to acquire and/or construct the Pubilc
Improvements described in this Agreement, the temporary wai\er of a portIOn
of the City's Sales Tax shall cease and the City shall be entitled to collect the
full amount of ItS sales tax The waIVer of a portion of the City's sales taxes as
described to this SectIOn 8 is Intended to be temporary only and not a change In
the City's tax policy pursuant to applicable law In the event the CilY IS unable
for any reason to remove the temporary waiver of a portion of ItS sales tax after
the Bonds are paId III full or expire in accordance with their terms, the
Annexors agree to continue the Imposition of the Pubilc Improvement Fee for
such period of time and In an amount suffiCient to reimburse the City for any
revenue lost by the City due to the temporar) waiver of the City sales tax
n If the CllY should mcrease llS sales tax above the three percent (3 '1c) rate, then
the City will take the appropnate aCl10n to temporanly waive an addItIOnal
portIOn of ItS sales tax to the extent necessary to cause the total of all sales taxes
and the Public Improvement Fees charged on transactIOns occurring \\ Ithm the
Property (the ~Total Project Tax and Fee~) not to exceed the greater of (i) ~ight
and one-tenth percent (8 1 7C), or (II) the average sales tax and other fees then
273090 4
16
beIng charged wIthm those CItIes wlthm the Denver metropolItan area listed on
Exhibit D (the "'Comparable Cities"') For example, If the City raises ItS sales
tax to 3 5 % and such CIty sales tax \\ hen combIned WIth other sales taxes and
the Public Improvement Fee equals 8 6 % and the average sales taxes and other
fees within the Comparable Cities is then 7 9%, the CIty WIll temporanly waIve
an additional 5 % of its sales tax such that the total of the sales taxes and other
fees charged on sales withIn the Property will be 8 I % Conversely, m the
event that the average sales tax and other fees beIng charged by the Comparable
Cities (the "Comparable CIty A verage~) Increases above 8 1%, the City may
decrease ItS waIVer of sales tax such that the Total Project Tax and Fee equals
the Comparable Cny Average
o The CIty agrees imtIally to receIve the PublIc Improvement Fee on behalf of the
Annexors (and any other owner of Property) and the MetropolItan Dlstnct In
domg so, the City will be entitled to charge, and will be paid by the Annexors
or the MetropolItan DIS(flct, a fee or reimbursement m an amount not to exceed
the City'S costs of collectIng and remllting the PublIc Impro\ement Fee
revenues. So long as the Cny IS providmg such ser\'1ces, any retaIler w1l1 be
required to prepare dnd file two returns wnh the CIty, one for sales taxes and
one for the Public Improvement Fees The CIty wIll not undertake to collect or
enforce collectton of any Publlc Improvement Fees not received by It, but shall
report, to the extent the CIty has such mformatlon, any retader to the
MetropolItan District who does not remIt PublIc Improvement Fees to the Cny
consistent With the amounts owed EIther the CIty or the MetropolItan Dlstnct
wllI be entItled to termInate the CIty's services upon not less than 180 days'
pnor notice to the other pany The City agrees to cooperate with the
MetropolItan Dlstnct to (I) determine the timing of payment of the PublIc
Improvement Fees to the CIty; (II) produce and update matenals for retailers
collecting the Public Improvement Fees stating the procedures related thereto
and providmg reportmg forms, (ill) develop procedures for adviSing the CIty of
those retailers subject \0 the Public Improvement Fees. (IV) develop procedures
for adjusting the Public Improvement Fees for refunds and other post-sale
events, and (v) take any other actions reasonably necessary to allow for the
orderly and uninterrupted collectIon of Public Improvement Fees. provided
however, that any costs Incurred by the City in connectIon WIth the proVision of
any other services agreed to In accordance hereWIth will be paid to, or deducted
by, the City from the Public Improvement Fees received by it The Cny
authorizes the City Manager to enter into such agreement or agreements as may
be necessary or appropnate to Implement the prOVISions of thIS Section 8
p The Public Improvement Fee may be imposed for a term not to exceed fony
(~O) years from the date of Issuance of the milial series of Public Improvement
Fee Revenue Bonds
17
2 now ~
9. BO~DS
:73090 4
a
Issuance and Purchase of the Bonds The Metropolitan Dlstnct sh" ; issue. and
Cabela's agrees that It or an affil1ate or assIgnee shall purchase from the
Metropolitan Dlstnct, Bonds m an ongmal pnnClpal amount determIned by
murual agreement of the City and Cabela's based on a reasonable determInatIOn
of the Public Improvements to be financed with the Bonds and the cash flow
available to the Metropol1tan Dlstnct to pay pnnClpal and Interest on the Bonds
The Bonds will be payable solely from the pledged revenues as ava1lable from
year to year and It shall not be an event of default under the Bond Indenture or
the Bonds If such pledged revenues are msufficlent to pay pnnclpal and Interest
Proceeds of the Bonds will be used by the Metropolitan DIStrlCt to fund the
acqUisition, construction and InstallatIon of the Public Improvements and the
finanCIng costs assOCIated thereWith Cabela's or Its assigns w1l1 InItially
purchase and hold the Bonds for its/thelr own account, but It/they may later sell
the Bonds ID accordance with any restnctlons set forth in a Bond Indenrure
between the Metropolitan Distnct and the Trustee for the Bonds
b
The City will reasonably cooperate WIth the Metropolitan Distnct In auoptIng
and approvIng the necessary proceedings to enable the Metropolitan Dlstnct to
deliver the Bonds and thereby facilItate the Metropolitan Distnct' s construction
of the Public Improvements
c
The City agrees that all Shared Sales Taxes and the Annexors agree that all
Public Impro\ ement Fees, with the concurrence of the Metropolllan Dlstnct,
may be remltted to a Trustee withIn thmy (30) days after salu Shared Sales
Taxes or Public Improvement Fees are collected by the CIIY The Bond
Indenture for the Shared Sales Tax Revenue Bonds will prOVIde that the Trustee
will then utIlize Shared Sales Taxes to pay prinCipal and Interest on the Shared
Sales Tax Revenue Bonds The Bond Indenture for the PubliC Improvement Fee
Revenue Bonds Will provJ(]e that the Trustee WII! then utilize Public
Improvement Fees to pay pnnclp31 and interest on (I) the Public Improvement
Fee Revenue Bonds and (II) as set fonh in Sectlon 8 b, the Shared Sales Tax
Revenue Bonds Cabela's or ItS assigns shall not be reqUired to guarantee
payment of any of the Bonds and the CIIY shall not have liabilIty for payment of
the Bonds Independent of the City's obligatIon to remit Shared Sales Tax and
Pubhc Impro\ ement Fees as prov Ided ID and suhJecI to the IImltalions of thiS
Agreemenl
d
To the greatest extent pOSSible under federal and state law, the dl fferent senes of
Bonds Issued b) the Metropolitan Dlstnct shall be Issued as Tax-Free Bonds,
and the remainder of the Bonds shall be Taxable Bonds To the extent permilled
by the Act. the Umted Slates Inlernal Revenue Code of 1986, as amended, and
other applIcahle laws, rules anu regulations, the City hereby acknov\ ledges and
agrees that all costs relatlOg 10 the constructIon and Installation of Public
18
ImprO\ements may be reImbursed by proceeds from the Bonds, regardless of
\\ hether or not said costs were incurred before or after (1) the formation of the
Metropolitan DIStnct, or (ij) the Issuance of the Bonds
e The Bonds shall be payable from two (2) separate sources of revenue collected
In the MetropolItan Dlstnct The Public Improvement Fee Re\ enue Bonds shall
be payable solely from PublIc Improvement Fees The Shared Sales Tax
Revenue Bonds shall be payable solely from (i) the Shared Sales Tax and (11) as
set forth in SectIOn 8 b, the PublIc Improvement Fees Any revenues available
from each source above the amount needed to pay the current pnnClpal and
Interest on such Bonds, shall be used to prepay pnnclpal on the Bonds payable
from each respect1\ e funding source After the Shared Sales Tax Revenue
Bonds have been paId m full, the PublIc Improvement Fee may he mcreased
from 1 4 % to 1 5 %
f The Publlc Improvement Fees shall be used (i) first to pay prmclpal and interest
on the PublIc Improvement Fee Revenue Bonds, (Ii) second to pay prmclpal and
mterest on the Shared Sales Tax Revenue Bonds as permItted by SectIOn 8 b,
and (l1i) then to the extent available after the Bonds have been paid m full, the
Public Improvements Fees may be used to pay ongomg operatIOns amI
mamtenance costs of the Publtc Improvements Notwlthstal1dmg 3l1ythmg 10 the
contrary set forth herem, the PublIc Improvement Fee nla) comlflue for up to
forty (40) years after the mItlal Issuance of any PublIc !mpro\'ement Fee
Revenue Bonds, even If such Bonds have been paId m full, m order to cOlllinue
fundmg ongomg operation and mamtenance costs assOCIated \\ Ilh the CJbela.s
ProJect.
10. ADDITIONAL INCENTIVES
273090 4
a
Tax CredItS and Grants In addition to the Shared Sales Tax and the other
incentlves described herem, the CIl)' and Cabela's shall work Wllh each other to
determme whether the Cabela's Project qualifies for (i) any other tax credllS or
tax mcentives or (11) any grants
b
Training Grants The City Will aId Cabela's in applymg and/or quallfymg for
federal or state employee TraInmg Grants up to the maximum amount allowed
by law These Traimng Grams Will be available for employees hired m
connectlon with the Cabe!a' s Store and mtercompany trammg expenses shall be
eligible for saId grants
c
Advertising and Marketmg Grants The CIlY shall cooperate Wllh Cabela's to
assist m acqulflng an) adverllsmg or marketmg grants whICh mIght be available
m the State of Colorado to promote the Cabela's Project
d
Taxl(jermv The Clt)' shall se reasonable efforts to identtfy any taXidermy or
owners of taXIdermy and provide that IOformalion to Cabela's to seek donatIon
19
of such taxidermy to Cabela's at no charge for permanent dIsplay In the
Cabela's Store, proVlded, however, Cabela.s acceptance of any such taxldermy
shall be based upon ItS customary standards for the type of taxidermy displayed
In a tYPical Cabela's retaIl facIlity Any taxidermy a((,;epted by Cabe!a.s and
displayed in the Cabela's Store shall be properly marked with plaques or other
appropnate markers to give credIt to the donor
e Coors Matters SimIlar to the proVlslOns described above w hlCh may benefit
Cabela's, the CIty and Coors shall cooperatively work wIth each other to
determme whether any development from time to time undertaken by Coors on
any of the Coors Parcels \vill qualify for any tax credIts, tax mcentlves, grants.
TramIng Grants and/or advertIsIng or marketmg grants as described abO\ e
11. SPECIAL DISTRICTS
a CreatIon of Metropolitan District. The City shall use its reasonable efforts,
consistent with applIcable law, to create the Metropolttan DIStflCt as
contemplated In the Act, as necessary to faCIlitate de\elopment of the PubliC
Improvements and to provIde for the financing thereof descflbed In thiS
Agreement
b DIstrIct ServIce Plan /'iot later than nmety (90) days followmg annexation of
the Property, Cabela's shall file With the CIty for revIew and conslderanon m
act:Ordance WIth C R S Secllon 32-1-204 5, a sen Ice plan for the Metropolitan
DIStTlCt (which service plan shall mclude an Intergovernmental agreement
between the Dlstrlct and the CllY) (the "Service Plan") The Cny \,;]11 promplly
lfiltiate and conduct to conclUSion all proceedmgs reqUIred by State law for the
consIderation and approval or disapproval of same The City hereby
acknowledges that the baSIS for CllY revIew and approval of the SerVIce Plan IS
to assure that it complies WIth state law and IS consistent with the dunes and
obligations of the MetropolItan DIstrIct as set forth m this Agreement In the
event the City falls to approve the Service Plan as provided m thIS Secllon, the
sole remedy of Cabela's shall be to disconnect the Property from the Clly and
termmate thIS Agreement The CIty agrees that If It fails to approve the Service
Plan as proVIded III this SeCtIon. It will consent to the dIsconnection of the
Property
12. OWNERS' ASSOCIATIONS
The Annexors reserve the TIght to Impose co\'enants upon any portion of the Property
and to form one or more owners. assoclatlOns for all or any portions of the Propeny
whIch shall assume responsibilitIes for collectlDg funds to pay common expenses, to
repair and maintain common areas and to enforce restrictive covenants All such
covenants and declarations must be approved by the MetropolItan DIstrict and a copy
must be prOVIded to the City
20
273090 4
13. DEFAUL T Al\'D REMEDIES
a Annexors' Default If the Cny alleges that the Annexors or either of them IS m
default under thiS Agreement and such Annexor does not cure that default wlthm
thlft)' (30) da)s following written notice from the City, the Cn)' shall be entitled
to the following remedies which shall be cumulatJve (I) mJunctl\e relief, (2)
speclfic performance, (3) withholdmg action on any pendmg applicatIOns or
approvals, mcluding but not limned to Final Development Plans, subdivIsion
applicatIOns, buildmg permits or certificates of occupancy, to the extent such
applicatIOns and approvals relate to Cabela's alleged default, and (4) any other
remedies permIlled under the SubdlVlslOn Regulauons, the Planned
Development Regulation, the Wheat Ridge Code of Laws, or otherwise
avatlable at law or in equity, other than damages The Cny shall extend the
cure penod if the nature of the default IS such that II cannot reasonably be
remedied Within thlfty (30) days, provided the Annexor commences the
correcuve action within thtrty (30) days and diligently pursues such correction
thereafter If the Annexor default ames from the failure to grant an) nght of
way, easement. or other Similar property right as reqUired by thiS Agreement or
the PCD Outlme Development Plan, then the Annexor agrees that the City may
condemn the subject land (provIded that such land IS a part of the Property
Itself) to acqUIre such property fights pursuant to C R S Secuon 38-6-102 The
Annexors agree that m any such condemnation proceedmg, the fair and actual
cash market value of all such property nghts are subject to an Irre\ ocabJe
obligation to grant or dedicate It to the City pursuant to thiS Agreement, and
Annexors are estopped from assertmg otherWise Annexors agree that It would
have granted or dedicated such property upon executJon of thiS Agreement
wllhout compensation. Annexors agree that all dedicatIOn and grants of rights
of way, easements and park lands are necessary for public health, safety and
welfare and that the reqUirements to make such grants or dedicatIOns IS
accomplished pursuant to the CllY' s police and regulatory powers It IS
expressly agreed and understood that the foregomg prOVIsions do not apply to or
affect any property other than the Property Itself, and do not apply to or affect
any other property whether or not contiguous to the Property, mcludmg any
other property owned by Coors Notwithstandmg anything expressed or implied
herem to the contrary, Coors shall be under no oblJgatJon whatsoever to (I)
annex mto the CllY any property other than the Property as provided herem or
(II) dedicate, encumber, or otherWise contribute any property or mterest m
property (whether such mterest relates to the Property) to any person or entIty
for any purpose other than as prOVided herein
b Citv Default If Annexors allege the CIty IS m default under thiS Agreement and
the City does not cure that default wIthm thirty (30) days followmg wnlten
notice from either Annexor, Annexors Will be entItled to the following remedies
\\hlCh shall be cumulauve (I) injunctive relief, (2) speCific performanc, (3)
stoppmg constructIOn of the Cabela' s Store or any Public Improvements
273090 4
21
contemplated m this Agreement, and (4) any other remedies avaIlable at law or
m equity. except damages Any remedies available to Annexors shall be lImited
by the then eXlstmg governmental Jn1JTIumty act ArLllexors shall extend the cure
peflod If the nature of the default IS such that It cannot reasonably be remedied
wlthm thlfty (30) days, proVIded the City commences correctl\ e actIon wlthm
thirty (30) days and diligently pursues such correctJon thereafter
c No Damages No party shall be entitled to claim or receive any form of
damages upon default or otherWIse, including without lImItation, economIC,
consequentIal, contmgent, punitIve damages, lost profits or attorneys' or
experts' fees or court costs
14. MISCELLANEOUS
273090 4
a
Nexus RulIng The parties each acknowledge that Cabela's \\Illmgness to enter
mto thIS Agreement was contmgent upon Cabela's first recen 109 a f:l\ orable
ruling from the Colorado Department of Revenue (the "Departmenr.') with
respect to nexus Issues (the "Nexus Ruling") In connectJon WIth rhls, the
Department confirmed ro Cabe1a's 10 a Nexus Rulmg that Cabela's actl\ ItIes m
the State wIll not create nexus for Cabela's remote affiliates and thus, such
remote affiliates WIll have no obligatIon to collect and remit sales and use tax
nor wIll such remote affilIates be subject to Colorado mcome tax The City
acknowledges and agrees that the revocatIon of the favorable Nexus Rulmg
would substanl1ally impaIr the contractual relatIonship created under thIS
Agreement Further, the City agrees that It wIll support the favorable Nexus
Rulmg whIch Cabela's received from the Department and, 10 the event that the
Department later challenges or revokes saId RulIng, the City shall testIfy on
behalf of Cabela's and acknowledge that Cabela's would not have located the
Cabela's Store in the State without first receivmg the favorable Nexus Rulmg
b
Time of the Essence Time IS of the essence with respect to the performance of
each party's oblIgations hereunder, subject to events of Force Majeure
c
No Repeal of Code of Laws Nothmg contamed 10 thiS Agreement shall
constitute or be interpreted as a repeal of any provIsIon of the eXlstmg City
Code or as a waIver of the City's legIslative, executJve, admiOlstratlve, JudiCIal,
governmental or polIce powers to promote and protect the health, safety, or
general welfare of the City or ItS mhabltants Except as expressly prOVIded
herem and In the PCD Outline Development Plan, thIS Agreement does not
supplant the City's land use regulations and other ordmances and regulations as
they relate to the Property and shall not be construed to lImit the authority of the
City to adopt different ordmances, resolutIons, regulatIons, rules, polIcies or
codes so long as they apply throughout the City uOlformly or to classes of
Individuals or propertles uOlformly In the event of an inconsistency between
the Wheat Ridge Code of Laws and the more speCific prOVISions that have been
22
negotiated m connectlOn WIth thIs Agreement, the prO\'1SlOnS of thIs Agreement
shall govern
d Referendum. In the event that the ordmances to be consIdered by the Cny
relatlve to the annexatIOn and zomng of the Property become the subject of a
CItizen petitIoned referendum, the ordmances subject to such referendum and
this Agreement shall be suspended pendmg the outcome of the referendum If
the result of the referendum electIOn is to reject such annexatIon or zomng, all
of the provIsions contamed herem shall be null and vOId and of no effect, and
such rejection shall be deemed a "failure to serve" pursuant to C R S. Section
31-12-119, but shall not be deemed to be a default by the Cny under
Section 13 band remedles prOVIded therem shall not be available Conversely,
If the result of such referendum election IS to affirm such annexation and
zoning, the Property shall be deemed finally annexed and zoned, \\ hereupon thIS
Agreement shall remam effective and the parties shall be bound by all of the
terms and conditions contamed herem as of the date of thiS Agreement In the
event of such referendum, the parties agree to cooperate m the defense of the
annexatlon and zOnIng of the Property unless eIther party determmes In ItS sole
dIscretIon not to def~nd a referendum or other challenge to the annexatIOn and
zonmg of the Property To the extent Annexors and the Cny agree to defend
and particIpate In such a referendum, the partIes shall share equally m a\l costs
and attorneys' fees m defendmg and partlClpatmg In such referendum, mductlng
but not limned to the costs of the referendum electIon
e Successors and ASSIgns ThIS Agreement shall be bIndmg upon and Inure [0 the
benefit of the heirs, successors and assIgns of the partIes hereto
f Entire Agreement. ThIS Agreement embodies the whole agreement of the
partIes on the subjects contamed herem ThIS Agreement shall supersede all
prevIOus commUnIcatIons, representatIons, or agreements enher verbal or
wfltten between the partIes hereto If adopted by the City, the parties agree that
the ordInances approvmg annexatlon of the Property and adoptIOn of the rCD
Gutlme and Final Development Plans may contam additional matters pertinent to
the mtegratlon of the Property mto the CIlY and development of the Property.
Therefore, thIS Agreement must be interpreted and applied in a manner
consIstent with such ordmances, provtded, however, any such additIOnal matters
do not create finanCIal obligatIOns on the Metropolttan DlstflCt, the Annexors or
the Property illconslstent \\'lth the terms set forth herem WIthout the pflor
wfllten consent of the parties so Impacted Any properly deSIgnated for future
commercial. retail, offIce. warehouse and/or recreallonal uses shall comply with
the then-exlstmg reqUIrements for Final Development Plan appronl
g ASSignment Cabela' s or Coors may assIgn theIr respectIve fights and dutIes
hereunder ill whole or m part to others who become fee title holders or ground
leSSees of the Property or any portIOn thereof with the City's wrItten permIssion,
23
273090 4
whIch permIssIOn will not be unreasonably withheld, proVlded, ho\\ e\ er, that
either Cabela' s or Coors may assIgn any or all of their respectl\ e nghts and
mterests hereunder to one or more of their respective affilIates to perform their
respectIve oblIgatIons hereunder (in any or all of whIch cases Cabela's or
Coors, as the case may be, nonetheless shall remam responsIble for the
performance of all of ItS obligatIons hereunder) No assignment shall release
the Property from any restnctions imposed upon the Property by thIs
Agreement. unless a speCIfic release has been given by the City m wntmg The
Cny may, but shall not be obligated to release the seller or ground lessor m such
transactions, however, any such release must be executed m wntmg by the Cny
and recorded wnh the Jefferson Coumy Clerk and Recorder In order to
effectIve
h Notice Any notice reqUIred or permItted under this Agreement wII! be deemed
(0 be received when delivered personally in wrItmg or five (5) days after notice
has been deposited with the U S Postal SerVIce, postage prepaId, certified and
return receipt requested, and addressed as follows
To Cabela's
Altn Kevm Rhodes
Cabela's RetaIl, Inc
One Cabela Dnve
SIdney, NE 69160
w nh a copy to
Altn Kent Kelsey
Cabela's RetaIl, Inc
One Cabela Drive
SIdney, NE 69160
and WIth a copy to
Attn Tom Ackley
Kaley Jessen P C
One Pacific Place, Sune 800
1125 South 103 Street
Omaha. NE 68124
To Coors
Altn Neil Jaquet
Coors Bre\\ mg Company
311 lOth Slreet
Post Office Box 4030
Mall Stop CC370
Golden, CO 80401
273090 J
24
WIth a copy to
Attn Samuel Walker
Coors Brewmg Company
311 lOth Street
Golden, CO 80401
and WIth a copy to
Altn Jim Serven
Moye GIles LLP
1400 16th Street #600
Denver, CO 80202
To CIty
Randy Young
Wheat Ridge City Manager
7500 W 29th Avenue
Wheat Ridge, CO 80033
Wnh a copy to
City Attorney
Cny of Wheat RIdge
7500 W 29th Avenue
Wheat Ridge, CO 80033
Any party may change the address to which notice IS [0 be sent by prondmg
notice m the manner set forth In thiS SectIOn
Cooperative Drafting ThIS Agreement is the product of a cooperallve drafting
effort by the City, Coors and Cabela' s and shall not be construed or Interpreted
against any party solely on the basis that one party or ItS attorney drafted thIS
Agreement or any portion of it.
J SeverabilItv If any provision of thIS Agreement IS held to be In conflict with
any applicable statute or rule of law or is otherWIse held to be unenforceable for
any reason whatsoever, such circumstances shall not have the effect of rendermg
the provision in question inoperatl\ e or unenforceable in any other case or
CIrcumstance, or of rendering any other proVIsion or proviSIOns herem contamed
Invalid, inoperalIve or unenforceable to any extent whatsoever The InvalidIty
of any portion of this Agreement shall not affect any or all of the remaining
portions of this Agreement
k_ Compliance with Article X. Sec 20 of Colorado Constltution_ If any prOVISion
hereof IS declared VOId 0: unenforceable due to a purported VIolation of ArtICle
X. Secllon 20 of the Colorado Constitution, the ell;' shall take all such action as
may be necessary to cure such VIOlation, mcludIng, but not limited to. seeking
273090 ~
25
\ oter appro\ als, enher m advance of, or followmg the purported \ lO]atIOn, as
may be allowed by la\\
Amendment ThIs Agreement cannot be modlfied or revoked except b) an
mstrument In writing signed by the Cny, Coors and Cabela' s or the then owner
of the Property or any portion thereof If there has been an assignment as It
relates to the specific Property
m ThIrd Parry BenefiCIarIes NothIng expressed or ImplIed In thIS Agreement IS
Intended or shall be construed to confer upon, or to gIve to, any legal person
other than the partIes, any nght, remedy, or claIm under or by reason of thiS
Agreement or any covenants, terms, condnJOns, or prOVIsIons thereof, and all of
the covenants, terms, COndItlOnS, and proviSlOns In thIS Agreement by and on
behalf of the parlIes shall be for the sole and excluSl\e benefit of the parties,
pro\lded, however, after the MetropolItan District deSCrIbed In thIS Agreement
IS formed, it shall be deemed to be a third party benefiCIary WIth the fIght to
enforce the prOVISIOns of thIS Agreement which are apphcable to n Nothing In
thIS Agreement is intended to Interfere WIth any agreements of the panies w nh
third partIes
n CaptIOns The caplIons or headIngs m thiS Agreement are for convemence only
and In no way define, limn or deSCrIbe the scope or mtent of any prOVISions of
thiS Agreement
o Counterparts ThIS Agreement may be executed In two or more counterparts,
each of which shall be an ongmal and all of which shall constitute but one and
the same instrument The partIes may execute thIS Agreement and all other
agreements, certificates, Instruments and other documents contemplated by thiS
Agreement and exchange the counterparts of such documents by means of
faCSImIle transmiSSIOn and the parlIes agree that the receipt of such executed
counterparts shall be bindmg on such parties and shall be construed as onglnals
Thereafter, the partIes shall promptly exchange ongmal versIOns of thIS
Agreement and all other agreements, certificates, instruments and other
documents contemplated by thIS Agreement that were executed and exchanged
by facsimile transmISSIOn
p Govermng Law This Agreement shall be construed under the laws of the State
of Colorado JUrISdiction and \ enue shall be proper and exclustve tn the Dtstnct
Court for Jefferson County. Colorado
q ExecutIon bv Cabela's and Coors The e'l\ecutJon by Cabela's and Coors shall not
affect theIr respecll\'e fIghts, dUlles. oblIgallons, and remedles under any other
contract or agreement entered InIO between such panies, each of \\ hleh contracts
26
:73090 ...
and agreements shall be go\erned exclusIVely by the terms, covenants, and
condItIOns thereof
15. EXHIBITS. ThIs Agreement mcludes the followmg ExhibIts, attached hereto and full}
mcorporated herem by this reference
EXHIBIT A:
The Property
EXHIBIT B:
Concept Site Plan [Revised exhibit may be substituted
UP<lD filing of Outline Development Plan, as permitted
by Section 2.d.]
EXHIBIT C:
Retail Center Restrictive Covenants
EXHIBIT D:
Tax Rates of Comparable Cities
EXHIBIT E:
Public Improvements Funded with Shared Sales Tax
Revenue Bonds
[The remamder of thIS page mtentlOnally left blank]
::73090 4
27
IN WITNESS WHEREOF, the partJes have hereunto subscribed their slgnatures
effectlve as of the date first set forth above.
ATTEST:
~^
Anderson
CIty Clerk
CITY OF WHEAT RIDGE
, ^ '\ /
By \ ),>' ( /,- /.....
Gretchen Cerveny
Mayor
l/
( .-t (- y" <" ~ \. '- 1.
-
AP~~~p
Gerald . Dahl
Clty Attorney
COORS
BY'~~
Name: Sall1uel D. Walker
TitJe- Chief Legal Officer Coors
Coors Brewing Worldwide &
CABELA'S
~~
' I
/ If/;
By: ,/',
Name: ~ t ~/;d~
US and Title: ...5n,("r c: lice' I-h-SIC{, J
Group VP Public Affairs
STATE OF COLORADO )
) ss.
COUNTY OF JEFFERSON )
The foregoing instrument was acknowledged before me by Gretchen Cerveny as Mayor,
and by Pamela Anderson, as City Clerk of the City of Wheat RIdge, this ;;Z 0 ~H day of
V./c~,NII//.' ,2004
Witness my hand and official seal.
My commiSSIOn expires: 7'- - /(J -;;J
I
~
/
-.-:;::;./.......,0<' /J
ubhc
(SEAL]
273090.4
28
EXHIBIT A
The Property
273090 4
EXHIBIT B
Concept Site Plan
27 3090 4
EXHIBIT C
Retail Center Restrictive Covenants
273090 4
extended for successive periods of five (5) years (each, an 'Extended Term"),
unless an instrument terminating this Declaration properly executed by the
Owners of 70% of the total area within the Property is duly recorded in the office
where this Declaration is recorded within one year of the end of the Initial Term
or any Extended Term, in which case this Declaration shall terminate effective as
of the end of the Initial Term or such Extended Term as applicable Without
limiting the generality of the foregoing, each and all of the restrictions, covenants
and conditions contained in this Declaration (whether affirmative or negative in
nature) (a) are made for the direct, mutual and reciprocal benefit of each Lot; (b)
will create mutual equitable servitudes upon each Lot; (c) will bind every party
having any fee, leasehold, mortgage or other interest in any portion of each Lot
at any time or from time to time to the extent that such portion is affected or
bound by the restriction, covenant or condition, and (d) will Inure to the benefit of
Owners and their respective successors and assigns as to the respective lots
and to the benefit of mortgagees under mortgages covenng said Lots and
beneficiaries and trustees under trust deeds covering said Lots
2.2 Default; Enforcement. Owners of the lots shall have the right to enforce, by any
proceeding at law or in equity, all restrictions, covenants and conditions now
imposed by the provisions of this Declaration No breach of this Declaration by
either Developer or any Owner will entitle any Owner to cancel, rescind or
otherwise terminate this Declaration. In such action brought to enforce the terms
of thiS Declaration, the unsuccessful party in any action shall Indemnify the
prevailing party for all reasonable attorney's fees and other reasonable costs and
expenses incurred by the prevailing party in connection with such proceedings
2 3 Notice of Compliance Upon request of the Owner of a lot in connection with
proposed financing or sale of such Lot. the Developer thalmitially owned said Lot
on the date of this Declaration will provide to such Owner written notice, ill
recordable form, indicating the status of Owner's compliance With thiS
Declaration as of the date of such notice
ARTICLE 3
USE RESTRICTIONS
3 1 General Restrictions No use shall be permitted on any of the Lots which is
inconsistent with the development and operation of a first-class real estate
development. Without limiting the generality of the foregoing, the following uses
shall not be permitted:
a Any use which emits an obnoxious odor (exclUSive of cooking odors in
connection with the permitted use of the Lot), noise or sound which can
be heard or smelled outside of any building constructed on any of the
lots,
b Any operation primarily used as a storage warehouse opera lion and any
assembling. manufacturing, distilling, refining, smelting, agricultural or
mining operation,
c, Any 'second hand" store or 'surplus" store,
2
Exh.htt C
27)090 4
213090 ~
d Any mobile home park, trailer court, labor camp, junkyard or stockyard
(except that this provision shall not prohibit a recreational vehicle resort
area or the temporary use of construction trailers during periods of
construction. reconstruction or maintenance),
e Any dumping, disposing, incineration or reduction of garbage,
Any fire sale, bankruptcy sale or auction house operation,
g Any dry cleaning plant or laundromat utilized in connection with a
commercial cleaning business,
h Any signs promoting or relating to any business. store. restaurant, hotel
or other retail establishment not located on the Property;
I Any automobile, motorcycle, truck. trailer or mobile home body shop or
repair operation. except those body shop and repair operations owned
and operated by a licensed motor vehicle dealer and operated on the site
of the dealer's principal place of business,
Any bowling alley;
k. Any animal raising facility;
L Any mortuary or funeral home,
m Any establishment selling or exhibiting illegal drug related paraphernalia.
n Any bar, tavern, or other establishment serving alcoholic beverages other
than (i) one holding a valid hotel and restaurant license as described in
Section 12-47-411, C R.S, provided, that if such establishment utilizes a
theme that incorporates the name or logo of a particular brewery or
otherwise conducts its alcoholic beverage operations to promote the
products of a particular brewery in preference to the products of all or
substantially all other breweries, such establishment shall be prohibited
hereunder unless such theme and primary products are those of Coors
and such establishment is operated by or under a license from Coors, or
(ii) one holding a brew pub license as described in Section 12-47-415,
C R.S., provided that such establishment IS operated by or under a
license from Coors,
o. Any sexually-oriented businesses such as, but not limited to. x-rated
movie or video sales, theater or rental facilities, nude modeling studios,
massage parlors, lounges or clubs featuring nude or semi-nude
entertainers or escort services,
p Any prisons, jails or other detention or correctional facilities,
q. Any flea market. pool or billiard hall or dance hall; provided, however,
such activities shall be permitted if the same are incidental to a primary
use which is not otherwise prohibited hereby;
3
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...
Any training or educational facility, including but not limited to, beauty
schools, barber colleges, reading rooms, places of instruction or other
operations catefing primarily to students or trainees rather than to
customers, provided, however. this prohibition shall not be applicable to
on-site employee training or to conference/convention facilities.
s Any gambling facility or operation, or
t. Any retail establishment which devotes more than 10% of its retail selling
space (but in no event more than 5,000 square feet of retail selling
space), or utilizes any temporary kiosk or tent sale, for the purpose of
selling anyone or any combination of the following product categories.
(x) hunting products including, but not limited to, such Items as firearms,
handguns, ammunition, optics. hunting apparel, hunting footwear, A TV
and SUV accessories, and hunting accessories; (y) fishing products
including, but not limited to, such items as rods, reels. waders, fishing
lures, fishing footwear, marine products, boats. boat motors. fishing
electronics, and fishing accessories, and (z) camping products including,
but not limited to, such items as tents, sleeping bags, camping cookware.
hiking footwear (but excluding from this prohibition any shoe store, or
other retail establishment having a shoe department. selling multiple lines
of general purpose footwear that may include hiking footwear). and
related camping accessories Provided, however. that the Owner of the
Lot legally described on Exhibit "C" attached hereto may operate a
Cabela's retail store thereon. may assign the right to use said Lot for
selling hunting. fishing. camping or other outdoor equipment. and may
grant a variance to this restriction to other Owners of other Lots In its sole
discretion. Provided further, however, that any non-profit organization
may sell any amount of hunting. fishing. camping. or outdoor equipment if
such sales are limited to its members and not to the general public.
Provided, that notwithstanding anything expressed or implied herein to the contrary,
Coors shall have the right to construct and maintain on any portion of the Coors Property such
structures as are from time to time deemed by Coors to be necessary or appropriate in
maintaining, utilizing. and/or servicing any lake located on the Coors Property (each. a "Coors
Lake Structure")
ARTICLE 4
CONSTRUCTION
4.1 Submission of Plans. No improvements shall be erected, placed, altered,
constructed, maintained or permitted to remain on any Lot subject to these
restrictions until the proposed use and the plans and specifications showing plot
layout and all exterior elevations with materials and colors therefore and
structural design, signs and landscaping (collectively, "Plans") shall have been
formally submitted, in writing, to each of the Developers and approved in writing
by each of the Developers ("Developer Approval"), which approval shall not be
unreasonably withheld or conditioned Plans shall be submitted as follows
a. To Cabela's at Cabela's Ret<..l. Inc, One Cabela Drive. Sidney,
Nebraska 69160, Attention: Director of Real Estate Development.
4
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273090 4
b To Coors at: Coors Brewing Company, 311 10th Street, POBox 4030,
PMB CC370, Golden, Colorado 80401, Attention Neil Jaquet.
4 2 Developer Approval and Owner's Warranties The Developer Approval shall be
based, among other things, on adequacy of site dimensions, adequacy of
structural design, conformity and harmony of external design with neighboring
structures. effect of the location and use of improvements on neighboring Lots,
proper facing of main elevation with respect to nearby streets, and conformity of
the Plans to the purpose and general plan and intent of these restrictions,
covenants and conditions. Each Developer shall render its written approval or
disapproval within twenty-one (21) calendar days of receipt of the Plans If no
written disapproval is rendered by either Developer within said twenty-one (21)
days, then the Plans shall be deemed to be approved The Owner who is
undertaking said construction represents and warrants that it will not materially
alter or deviate from said Plans in the construction of the improvement upon the
Lot without prior written consent of each Developer, which consent shall not be
unreasonably withheld, conditioned, or delayed
4 3 Owner's Responsibilities for Commencement of Construction. An Owner shall
commence construction/development of improvements on his/her/its Lot within
one (1) year after receiving Developer Approval for his/her/its Plans for said Lot.
4 4 Owner's ResponSibilities for Partly Constructed Buildinqs After the
commencement of any improvement on a Lot, the Owner of the Lot shall
diligently prosecute the work thereon to the end that the improvement shall not
remain in a partly finished condition any longer than is reasonably necessary for
completion thereof
4 5 Excavation No excavation shall be made on any Lot except in connection with
construction of improvements. and upon completion of said improvements, it
shall be the Owner's responsibility to back fill exposed openings and grade and
level any ground disturbed by the construction of the improvement.
ARTICLE 5
MAINTENANCE OF lOTS
5 1 Maintenance of Constructed Buildinqs After the completion of construction,
each Owner covenants and agrees to maintain and keep the exterior and interior
portions of the constructed buildings, if any. located on its Lot in first-class
condition and state of repair. In compliance with all governmental laws. rules,
regulations, orders and ordinances exercising jurisdiction thereover. and in
compliance with the provisions of this Declaration. Each Owner further agrees to
store all trash and garbage in adequate containers, to locate such containers so
that they are not readily visible from the parking area or highway and to arrange
for the regular removal of such trash or garbage
5 2 Maintenance of Damaqed Buildinqs In the event that any of the buildings are
damaged by fire or other casualty (whether insured or not), the Owner upon
whose Lot the building is located shall, subject to governmental regulations
and/or insurance adjustment delays. immediately remove the debris resulting
from such event and provide a sightly barrier, and within a reasonable time
5
EUJlhlt C
273090 4
thereafter shall either (i) repair or restore the building so damaged to a complete
unit, such construction to be performed in accordance with all applicable
provisions of this Declaration, or Oi) erect another building in such locaton, such
construction to be performed in accordance with all applicable provisions of this
Declaration, or (iii) demolish the damaged portion and/or the balance of such
building and restore the cleared area to either a hard surface condition or a
properly maintained landscaped condition planted with grass seed The Owner
shall have the option to choose which of the foregoing alternatives to perform,
but such Owner shall be obligated to perform one of such alternatives
5 3 Maintenance of Vacant Lots. Owners shall be required to maintain vacant Lots in
a manner that does not cause a nuisance to adjoining Lot Owners or Developers
Without limiting the generality of the foregoing, such maintenance shall include
the mowing of said Lot, the removal of any noxious weeds or other unsightly
plant growth, and the removal of all trash, rubbish and debris from said Lot.
Provided. that Coors shall not be obligated to mow or remove any natural flora
(other than noxious weeds) growing on the Lot legally described on Exhibit "0"
attached hereto
54 Landscapinq Every Lot on which a building (other than a Coors Lake Structure)
has been erected shall be landscaped and maintained thereafter in a sightly and
well kept condition according to the following
a All street and side setback areas as required by local law. With the
exception of drainage areas, driveways, sidewalks, other walkways and
parking areas shall be used exclusively for the planting and growing of
trees, shrubs, lawns and other ground covering or material as approved
by the Developers under Section 4 1 hereof
b The Lot Owner shall landscape and maintain unpaved areas between the
street curb line and the property line adjoining any street. If said
landscaping is not properly maintained in the reasonable opinion of either
Developer, such Developer may, after not less than seven (7) calendar
days' notice to the Lot Owner, undertake such maintenance as may be
necessary, at the expense of the Lot Owner
c. Landscaping, as approved by the Developers under Section 4 1 above,
shall be installed within ninety (90) days of occupancy or completion of
the building. whichever occurs first, subject to reasonable extension due
to delays caused by adverse weather
d. All unused and non-landscaped land area that is planned for future
building expansion or other purposes shall be maintained and kept free of
weeds. other unsightly plant growth, rubbish and debris_
55 Taxes and Assessments. The Owners of the Lots shall payor cause to be paid,
pnor to delinquency, directly to the appropriate taxing authorities all real property
taxes and assessments which are levied and assessed against their respective
Lots
6
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273090 4
ARTICLE 6
VARIANCES, AMENDMENTS AND TERMINATION
6 1 Amendments and Terminations. This Declaration may be amended or
terminated by written instrument, duly recorded in the office where this
Declaration is recorded and properly executed by the then Owners of 70% of the
total area within the Property; provided, however, no amendment to this
Declaration which places any new restrictions on any Lot, or otherwise materially
adversely affects the rights or materially increases the obligation of the Owner of
any Lot, shall be effective against any such Lot unless the Owner of such Lot
executes the written instrument which is recorded to effectuate such amendment.
It shall not be necessary for the Developers to be a party to any such written
instrument.
6.2 Variances. Variances from the restrictions set forth in this Declaration may be
granted by written instrument, duly recorded in the office where this Declaration
is recorded and properly executed by the then Owners of 70% of the total area
within the Property
ARTICLE 7
EMINENT DOMAIN
Nothing herein shall be construed to give the Developers or the Owner of any Lot any
Interest in any award or payment made to any other Owner in connection With any exercise of
eminent domain or transfer in lieu thereof affecting another Owner's Lot or granting the publiC or
any government any rights in such Lot.
ARTICLE 8
MISCELLANEOUS
8 1 Waiver of Default. No waiver of any default by either Developer or any Owner
will be implied from the failure by either Developer or any other Owner to take
any action in respect of such default. No express waiver of any default will affect
any default or extend any period of time for performance other than as specified
in such express waiver One or more waivers of any default in the performance
of any provision of this Declaration will not be deemed a waiver of any
subsequent default in the performance of the same provision or any other
provision. The consent to or approval of any act or request by either Developer
or any Owner will not be deemed to waive or render unnecessary the consent to
or approval of any subsequent similar act or request. The rights and remedies
provided by this Declaration are cumulative and no right or remedy will be
exclusive of any other, or of any other right or remedy at law or in equity which
any Owner might otherwise have by virtue of a default under this Declaration,
and the exercise of any right or remedy by any Owner will not impair such
Owner's standing to exercise any other right or remedy
8 2 No Partnership Nothing contained in this Declaration and no action by the
Owner of any Lot will be deemed or construed by any Owner or by any third
person to create the relationship of principal and agent, or a partnership. or a
joint venture, or any association between or among any of the Owners of any of
the Lots.
7
Exhlhl! C
273090 4
8 3 Severability If any provision of this Declaration is, to any extent, declared by a
court of competent jurisdiction to be invalid or unenforceable, the remainder of
this Declaration (or the application of such provision to persons or circumstances
other than those in respect of which the determination of invalidity or
unenforceability was made) will not be affected thereby and each provision of this
Declaration will be valid and enforceable to the fullest extent permitted by law
8 4 Governinq Law This Declaration will be construed in accordance with the laws
of the State of Colorado
8 5 Captions The captions of the paragraphs of this Declaration are for convenience
only and are not intended to affect the interpretation or construction of the
provisions herein contained.
8 6 Time Except as otherwise provided in this Declaration, time is of the essence
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
8
Exhihll C
273090 4
Exhibit. An
Cabela's Property
LEGAL DESCRIPTION OF PARCELS 1-2
10
Exhlhit C
273090 4
Exhibit "B"
Coors Property
LEGAL DESCRIPTION OF PARCELS 3-5
11
E,hlhll C
273090 4
Exhibit "C"
Cabela's Lot
LEGAL DESCRIPTION OF CABElA'S LOT
12
hhibl1C
273090 4
273090 ~
EXHIBIT D
Tax Rates of Comparable Cities
273090 ~
EXHIBIT E
Public Improvements Funded with
Shared Sales Tax Revenue Bonds
Exhibit E
Public Improvements
Funded with
Shared Sales Tax Revenue Bonds
Site Costs
Off-Sile Work
Public Roadways
I 32nd Ave. and 1-70
2 40th Ave. Underpass
3 1-70 east ramp - Y oungfieJd
4 32nd Ave, west
5 32nd Ave. east
6 32nd - Y oungfield mtersectton
7 40th - Y oungfie\d imersection
8 Mclntyre Intersection (roundabout)
9 Bridge over Clear Creek
10 Mclntyre E:<Iension Road
II Coors Extension Road
12 32nd - Entry Road mtersectlon
13 Entry Road
Other ImproHments
Trads - 32nd to Clear Creek
On-Site Work
Excavation I Fill
Pubhc Roadways S
Roadways
Cabela's Dnve S
Trame signals $
Subgrade Prep S
40th Ave. Extension S
Street lighting $
Landscape & Imgation $
Infrastructure
5 torm sewer S
Site Cost Contingenc)' S
Soft Costs
Engineering S
CIvil Engineer
Surveymg
Geotechnical Engineer
Tramc Engmeer
EnVIronmental EngIneer
Materials T estlngllnspeclIons
Project !\I anagement
Project One $
Cabela's PM - sHe S
Financial & legal
CIty of Wheat RIdge S
Real estate legal - Gorsuch
Real estate consultmg - Deepwater
Engineenng se"ices
Soft COSI Contingenn' $
110lal S
S 3,500,000
$ 3,182,000
$ 300,000
$ 300,000
$ 300,000
$ 900 000
$
$ 1.500,000
$ 860,129
$ 5..6 000
$ 387,500
$ 300 000
S 300,000
$ 475,000
301.301
935,000
525,000
75000
90 000
200 000
342,257
100,000
1 156,439
770,959
mc
me
mC
mc
mc
mc
331.513
165,756
23 5 000
mc
me
mc
49.371
18.128.224 I
C 2CC4 ~eepwa:e~ P:~nt :c~pa;'l
INTRODUCED BY COUNCILMEMBER Stites
Council Bill No. -D.l.=2005
Ordinance No.
Series of 2005
TITLE:
AN ORDINANCE ANNEXING TO THE CITY OF WHEAT RIDGE
UNINCORPORATED TERRITORY KNOWN AS THE
CABELA'S/COORS/SAL TER PROPERTY LOCATED IN JEFFERSON
COUNTY.
WHEREAS, pursuant to the laws ofthe State of Colorado, there was presented to the CIty
CounCil of the City of Wheat Ridge, Colorado, a wntten petition for annexation to the City of
that property described III attached Exhibit A, being contiguous unincorporated territory
contiguous to the City and IYlllg III the County of Jefferson, State of Colorado (the Property), and
WHEREAS, the Property is further described on the Annexation Map attached hereto as Exhibit
B; and
WHEREAS, the Petitioners constitute more than fifty percent (50%) of the owners, and owning
more than fifty percent (50%) of the Property; and
WHEREAS, the City Council has conducted a public hearing following public notice as reqUired
by law to determine the eligibility for annexatIOn of the Property; and
WHEREAS, the City Council has satisfied itself concermng the eligibility for annexation of the
Property, and concernlllg the conformance of the proposed annexation to the applicable law and
the annexation policy of the City; and
WHEREAS, the City Council hereby finds that the Property is eligible for annexatIOn to the City
and that the proposed annexatIOn conforms With applicable law and the annexatIOn policy of the
City
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO
Section I The annexation to the City of Wheat Ridge, Colorado, of that Property described III
attached Exhibit A, lying III the County of Jefferson, State of Colorado, meets all reqUirements
of law and the annexation policy of the City of Wheat Ridge, and the same IS hereby approved
and made effective.
Section 2. Zoning of the Property shall be accomplished within the time established by C.R.S
3] -] 2-] ] 5 and the procedures established by the Home Rule Charter and Code of Laws of the
City of Wheat Ridge.
ATTACHMENT 2
Section 4 Immediately upon completion of the filing reqUired by SectIOn 6 hereof, the
annexatIon shall be effective and the Property shall become subject to the laws ofthe State of
Colorado pertaInIng to citIes and to the Charter and all ordinances, resolutions, rules and
regulations of the City of Wheat Ridge.
SectIon 5. One copy of the AnnexatIOn Map, together with the original of thiS Ordinance, shall
be filed III the office of the City Clerk.
Section 6 The City Clerk shall file for recording three certified copies of this Ordinance and the
AnnexatIOn Map With the Clerk and Recorder of the County of Jefferson, State of Colorado
SectIon 7. This Ordinance shall become effectIve upon adoptIon on second readmg, as
permitted by Section 5.11 of the Home Rule Charter
INTRODUCED, READ, AND ADOPTED on first reading by a vote of -.8..- to..JL on this ~th
day of January ,2005, ordered published In full in a newspaper of general
circulation In the City of Wheat Ridge and Public Hearing and consideration on final passage set
for February 28, ,2005, at 7.00 p.m., III the Council Chambers, 7500 West
29th A venue, Wheat Ridge, Colorado.
READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of
to _' thiS day of , 2005
SIGNED by the Mayor on this
day of
,2005.
GETCHEN CERVENY, MAYOR
ATTEST
Pamela Anderson, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERALD DAHL, CITY ATTORNEY
1st Publication. January 27, 2005
2nd PublicatIOn.
Wheat Ridge Transcript
Effective Date.
Exhibit A
COORS/CABELA'S ANNEXATION NO.1
A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 19, THE SOUTHWEST
ONE-QUARTER OF SECTION 20, THE NORTHWEST ONE-QUARTER OF SECTION 29, AND THE NORTHEAST
ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 30, BEING IN TOWNSHIP 3 SOUTH,
RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO,
DESCRIBED AS FOLLOWS
BEGINNING AT THE SOUTHEAST CORNER OF THE SAID NORTHEAST ONE-QUARTER OF THE
NORTHEAST ONE-QUARTER OF SECTION 30, WHENCE THE EAST ONE-QUARTER CORNER OF SAID
SECTION 30 LIES SOI001'50"E ALONG THE EAST LINE OF THE SAID NORTHEAST ONE-QUARTER OF
SECTION 30,132079 FEET;
THENCE S89010'02"W ALONG THE SOUTH LINE OF THE SAID NORTHEAST ONE-QUARTER OF THE
NORTHEAST ONE-QUARTER OF SECTION 30, 1315.31 FEET TO THE WEST LINE OF SAID NORTHEAST ONE-
QUARTER OF THE NORTHEAST ONE-QUARTER,
THENCE NOo055'47"W ALONG SAID WEST LINE, 1320.36 FEET TO THE SOUTHWEST CORNER OF THE
SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 19;
THENCE NOoo07'30"W ALONG THE WEST LINE OF SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER, 913 46 FEET TO THE SOUTHWEST LINE OF THAT 80' WIDE DENVER WATER BOARD
EASEMENT RECORDED AT RECEPTION #92130445 IN THE JEFFERSON COUNTY CLERK AND RECORDER'S
OFFICE,
THENCE S89007'31 "W. 57.62 FEET TO A NON-TANGENT CURVE CONCA VE SOUTHWESTERLY HAVING A
RADIUS OF 791 19;
THENCE THROUGH A CENTRAL ANGLE OF 15021'56", NORTHWESTERLY ALONG THE ARC OF SAID CURVE
212.18 FEET, SAID CURVE HAVING A CHORD OF 211.55 FEET WHICH BEARS N50055'48"W TO A NON-
TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 152961 FEET,
THENCE THROUGH A CENTRAL ANGLE OF 12049'33", WESTERLY ALONG THE ARC OF SAID CURVE 342.40
FEET, SAID CURVE HAVING A CHORD OF 341.69 FEET WHICH BEARS N75038'51 "W TO A POINT OF
COMPOUND CURVATURE OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1022.23 FEET,
THENCE THROUGH A CENTRAL ANGLE OF 10005'16", WESTERLY ALONG THE ARC OF SAID CURVE 17998
FEET TO THE POINT OF TANGENCY, SAID CURVE HAVING A CHORD OF 17975 FEET WHICH BEARS
N87006' 16"W,
THENCE S8T51 '06"W, 175 73 FEET,
THENCE NOoo23'12"W, 174.56 FEET TO THE SOUTH LINE OF THE NORTH ONE-HALF, OF THE SOUTHEAST
ONE-QUARTER OF SAID SECTION 19;
THENCE S89007'31 "W ALONG SAID SOUTH LINE, 410,63 FEET TO THE SOUTHWEST CORNER OF THE SAID
NORTH ONE-HALF,
THENCE NOoo23'12"W ALONG THE WEST LINE OF THE SAID NORTH ONE-HALF, 171.61 FEET TO A NON-
TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 505 40;
THENCE THROUGH A CENTRAL ANGLE OF 53002'20", NORTHEASTERLY ALONG THE ARC OF SAID CURVE
467.85 FEET. SAID CURVE HAVING A CHORD OF 451.32 FEET WHICH BEARS N28013'09"E TO THE POINT OF
TANGENCY,
THENCE N01041'59"E, 392.35 FEET TO THE CITY OF WHEAT RIDGE BOUNDARY AS DESCRIBED IN THE
CITY OF WHEAT RIDGE ANNEXATION NO 98-5, ORDINANCE NO 1116, SERIES OF 1998, ALSO BEING THE
NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 58 AS DESCRIBED IN THAT DOCUMENT RECORDED IN
DEED BOOK 2177, PAGE 367 IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE.
THENCE N87001 '30"E ALONG SAID BOUNDARY AND SOUTH RIGHT-OF-WAY LINE AND IT'S EASTERLY
EXTENSION, 2907.23 FEET TO THE NORTHWEST RIGHT-OF-WAY LINE OF THA T PARCEL FOR INTERSTA TE
70 RECORDED IN BOOK 1875, PAGE 159 IN SAID OFFICE.
THENCE N38050'10"E ALONG THE WEST LINE OF SAID STATE HIGHWAY PARCEL, 13870 FEET TO THE
SOUTH LINE OF THAT PARCEL RECORDED IN BOOK 2163, PAGE 160;
THENCE N73042'38"E ALONG SAID SOUTH LINE, 322.71 FEET TO WEST LINE OF THE CITY OF WHEAT
RIDGE BOUNDARY AS DESCRIBED IN THE ORIGINAL WHEAT RIDGE INCORPORATION DOCUMENTS
RECORDED IN BOOK 2118 AT PAGE 521 IN SAID OFFICE,
THENCE SOIo06'12"W, ALONG SAID CITY BOUNDARY, 399 77 FEET TO THE SOUTH RIGHT-OF-WAY LINE
OF SAID INTERSTATE 70;
THENCE S88056'22"W, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 559 40 FEET TO THE SOUTHEAST RIGHT-
OF-WAY LINE OF THAT STATE HIGHWAY PARCEL AS RECORDED IN BOOK 1895, PAGE 55,
THENCE S38052'45"W, ALONG SAID SOUTHEAST RIGHT-OF-WAY LINE, 13570 FEET TO THE SOUTH RIGHT-
OF-WAY LINE OF SAID PARCEL,
THENCE S89022'40"W, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 232.23 FEET TO THE WEST LINE OF SAID
SOUTHWEST ONE-QUARTER OF SECTION 20;
THENCE S00008'11 "W, ALONG SAID WEST LINE, 752.42 FEET TO THE SOUTHEAST CORNER OF THE NORTH
ONE-HALF, OF THE SOUTHEAST ONE-QUARTER OF SECTION 19;
THENCE S89007'31 "W, ALONG THE SOUTH LINE OF SAID NORTH ONE-HALF, 131903 FEET TO THE
NORTHWEST CORNER OF SAID SOUTHEAST ONE-QUARTER, OF THE SOUTHEAST ONE-QUARTER OF
SECTION 19;
THENCE SOoo07'30"E, ALONG THE WEST LINE OF SAID SOUTHEAST ONE-QUARTER, 382.28 FEET TO THE
NORTH LINE OF THAT PARCEL DESCRIBED IN THAT DOCUMENT RECORDED AT BOOK 1992, PAGE 752 IN
SAID OFFICE.
THENCE ALONG THE NORTH LINE OF SAID PARCEL THE FOLLOWING 3 COURSES
1) N89052'30"E, 425 00 FEET,
2) N64057'30"E, 177 70 FEET,
3) S89039'40"E, 731.27 FEET TO THE WEST LINE OF THE SAID SOUTHWEST ONE-QUARTER OF
SECTION 20;
THENCE NOoo08'II"E ALONG SAID WEST LINE, 7.56 FEET TO THE NORTH LINE OF THE SOUTH 3/4 OF LOTS
21 THROUGH 24, ROXBURY GARDENS, DESCRIBED IN THAT DOCUMENT AS RECORDED AT RECEPTION
#09337790 IN SAID OFFICE,
THENCE N89001'07"E ALONG SAID NORTH LINE, 99043 FEET TO THE SAID WEST LINE OF THE CITY OF
WHEAT RIDGE BOUNDARY AND THE WEST RIGHT-OF-WAY LINE OF INTERSTATE 70;
THENCE ALONG SAID CITY BOUNDARY AND SAID WEST RIGHT-OF-WAY LINE THE FOLLOWING FOUR
COURSES.
1) SOoo41'53"E, 1005 12 FEET TO THE SOUTH LINE OF SAID SECTION 20;
2) SOo045'49"E, 1321.80 FEET TO THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF THE
SAID NORTHWEST ONE-QUARTER OF SECTION 29;
3) SOo043'42"E, 241.50 FEET,
4) S06023'48"W, 82.23 FEET TO THE SOUTH LINE OF LOT 16, SAID ROXBURY GARDENS, ALSO
BEING THE NORTHEAST CORNER OF THE CITY OF WHEAT RIDGE BOUNDARY, AS DESCRIBED IN THAT
ANNEXATION ORDINANCE NO 152, SERIES OF 1974, RECORDED AS RECEPTION NO 644863 OF SAID
CLERK AND RECORDER'S OFFICE,
THENCE S89024'52"W ALONG SAID BOUNDARY AND SAID SOUTH LINE, 986.91 FEET TO THE WEST LINE
OF SAID LOT 16, BEING THE SAID EAST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 30;
THENCE NO 1 00 I '50"W ALONG SAID EAST LINE, 323 40 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 198.040I ACRES
EX\-\\B\1 B
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ANNEXATION IMPACT REPORT
Cabela's Retail Facility
Colorado Revised Statutes require the following information to be contained within an Annexation Impact Report:
(a) A map or maps of the municipality and adjacent territory to show the following information:
(I) The present and proposed boundaries of the municipality in the vicinity olthe proposed
annexation;
(II) The present streets, major trunk water mains, sewer interceptors and outfalls, other utility lines and
ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed
annexation; and
(III) The existing and proposed land use pattern in the areas to be annexed.
The information requested in (a) (1- II) above is presented in graphic form as an attachment.
Current City of Wheat Ridge boundaries are shown on the Annexation Map, along with the
proposed extension that would be accomplished with the proposed Cabela's Retail Facility
annexation. Existing streets, major trunk water mains, sewer interceptors and outfalls and
utility lines are shown on the Annexation Impact Map.
(a) (III) The property to be annexed is currently undeveloped with the exception of a single
family residence located on the southem edge of the site. The proposed land use pattem to be
considered at the time annexation will be unchanged from existing Jefferson County zoning. A
rezoning application (An Official Outline Development Plan and Final Development Plan) will
be filed with the City within 30 days of the annexation request for a Planned Commercial
Development. The proposed rezoning application contemplates retail, commercial and office
uses with large tracts of undeveloped open land for the subject property
(b) A copy of any draft or final pre-annexation agreement, if available;
The Annexation Agreement is attached.
(c) A statement setting forth the plans of the municipality for extending to or otherwise providing for, within the
area to be annexed, municipal services performed by or on behalf of the municipality at the time of
annexation;
As outlined in the Annexation Agreement, municipal services will be provided to the area to be
annexed. At the time of annexation, police protection, parks and recreation, and general
governmental services will be the responsibility of the City of Wheat Ridge. Other services
such as water, sanitary sewer and fire protection will be provided by existing special districts.
A service inclusion agreement will be filed with the adjoining special districts including the
Applewood Sanitation District, the North Table Mountain Water and Sanitation District and the
West Metro Fire Protection District. At the time of this submittal, negotiations are currently
underway for inclusion into these districts.
All publicly dedicated roadways will be built by the developer by means of a proposed Title 32
Metropolitan District and upon acceptance by the City, will be maintained as a public road by
Wheat Ridge.
(d) A statement setting forth the method under which the municipality plans to finance the extension of the
municipal services into the area to be annexed;
Financing of roadway, water, sanitary sewer, and storm sewer infrastructure will be the
responsibility of the developer through the formation of a Title 32 Metropolitan District. The
metro district will issue bonds which will be retired from two revenue sources:
1) A sales tax shared back by the City of Wheat Ridge, and
2) A Public Improvement Fee.
Other services provided by the City will be financed by the retained portion of the sales tax
revenue and the property tax generated by the proposed development.
(e) A statement identifying existing districts within the area to be annexed:
Existing districts include.
· Urban Drainage & Flood Control District / 2480 W 26th Avenue / Denver, CO 80211
· Prospect Recreation and Park District / 4198 Xenon Street / Wheat Ridge, CO 80033
· West Metro Fire Protection District / 445 S. Allison / Lakewood, CO 80226
· Fairmount Fire Protection District / 4755 Isabel/Golden, CO 80403
· Law Enforcement Authority c/o Jefferson County Sheriffs Office /200 Jefferson County Pkwy /
Golden, CO 80409
· Jefferson County School District R-1 / 1829 Denver West Drive / Golden, CO 80401
(~ A statement on the effect of annexation upon local public school district systems, including the estimated
number of students generated and the capital construction required to educate such students.
Annexation of the Cabela's Retail Facility will generate a positive cash flow to the
school district in the form of property tax revenues generated by the new development.
The annexation does not entail any proposed residential uses resulting in no increase
in the student population.
2
City of Wheat Ridge
In this space there is a large scale map that could not be scanned at
the this tIme. Please see the Wheat ndge Clerks office if you would
like to see the map.
/~ /7;
-' / /
heanng as the OutlIne Development Plan These plans wIll also be reviewed b) PlannIng
ComrrusslOn
The decIsion to annex a property IS a legIslatIve decIsIon of City CouncIl The 1/6 contigUity
reqUirement IS met. The petItIOners represent more than 50% of the landowners oWning more than
50% of the land proposed for annexation. There IS a community of Interest between the C1t) and the
land to be annexed, the area IS surrounded by urban development and likely wIll be urban Itself In the
near future. and the area IS capable of beIng Integrated with the City The area meets all of the
applicable reqUIrements ior annexatIOn establIshed in the MUniCIpal Annexation Act.
A copy of the AnnexatIOn Impact Report reqUIred by the Act IS attached for your Inforrnatlon
ALTERNATIVES CONSIDERED:
The Ctly CouncIl has two optIOns to conSIder with the ordinance.
I Adopt a motion to adopt the ordmance.
2. Adopt a mOll on to table the ordInance indefinitely
FI~A'I;CIAL 1\IPACT:
The annexatIOn of the property will create an Immediate responslblllt) of the Clt)' to pro\ Ide police
proteclJon. thus Incumng some finanCial Impact ",hlch IS unquanllfiablc at thIS time With
development of the property. the City will receive sales and propen) ta:>. revenues gener.!tcd by the
bUSInesses and Improvements on the propeny The City will recel\e one.tlme use ta., revcnue on
buildIng matenals and one-lime fees for anneUlIon. zonIng. and engIneenng review
RECO\t\IE'I;OED \10TlO:'ll: .-rl' j "'\ Cj
b~ D+'- J ,J t-
"I move to approve ColTn~Bill14u .01 .200$"'on second readIng and that It take effect upon ,.l"t?<-YT7'c,ut"
~;{~~~2k~:~~~~:.~I:-ll~'~~':1~:~ :~d~~~.e ~~~I~;:" ef tR@ aUi ~nn= -~ wltb
Or.
"I move to table IndefinItely CounCIl Bill No -.nJ- .100 S-
Repon Prepared by: \Ian While. CommunIty Development DIrector
ReViewed by' Gerald Dahl. Clly Attorney
Attachmenl'i:
I. AnnexatIOn Impact Re!X>rt
2. ('ouncll Bill No
ITEM NO' 3. C I
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE. February 28,2005
TITLE:
A REQUEST FOR APPROVAL OF A SPECIAL USE PERMIT TO
ALLOW EXCA VA TION AND DEPOSITION OF FILL MATERIAL IN
THE AMOUNT OF 1.5 MILLION CUBIC YARDS FOR PROPERTY
LOCA TED WEST OF 1-70, SOUTH OF HIGHWAY 58 AND NORTH
OF WEST 32ND A VENUE (SUP-05-01/CABELA'S & COORS)
[2:J PUBLlC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING
o ORDINANCES FOR 2ND READING
QuasI-Judicial'
[2:J
Yes
o
No
~!tiit-
~O-)~
City Manage~
Community Development Director
EXECUTIVE SUMMARY:
Cabela's and Coors are requesting approval of a specIal use permit for property located west of 1-70,
south of Highway 58 and north of West 32nd A venue The applIcants WIsh to excavate and depOSIt
approximately 1.5 mIllIon cubiC yards of fill material The Code of Laws reqUIres a special use
permit for any excavation and/or depOSItion In excess of 20,000 cubic yards. The applicants wish to
excavate a new water storage facility in the southwest comer of the property. The matenal
excavated from the water storage facility WIll be used to fill in depressed areas onslte The subject
parcells approxImately 115.53 acres In size. The request was demed admmistratIvely due to
objections received during the ten-day publIc notIce penod.
COMMISSIONIBOARD RECOMMENDATION:
A special use perrnlt request starts as an admimstrallve review. A ten-day public notIce penod
begInS during which comments may be submitted in favor of or against the proposal. If any relevant
objectIons are received dunng the publIc notIce penod, the request must be forwarded to City
CounCIl for revIew. Objections were received regardmg this proposal from adjacent neighbors.
STATEMENT OF THE ISSUES:
The applIcants WIll be reqUIred to comply WIth the perforrnance standards m Section 26-623 (C)(2)
The applicants have agreed to comply with these standards, with the exception of the reqUIrement
for a 72 inch fence around the perimeter of the property. AddItionally, the Code specIfies the hours
of operatIon to be from 7 a.m. to 5 p.m. during normal busIness days. The applIcants wIsh to
excavate from 7 a.m. to 10 p.m., seven days a week. The applIcants are In the process of hmng a
contractor to perform the excavation and grading work and the applicants may at the heanng request
hours dIfferent from what IS stated here.
A gradmg permIt will be required If the special use permit is approved. The permIt reqUIres the
submittal of an erosIOn control plan, a draInage report and plan, an engIneering geology report and a
soils engmeenng/overlot gradmg report. In addItion, the follOWIng permits are reqUIred from the
State'
I. NPDES/CDPS Permit, with stormwater management plan
2. Corps of Engineers 404 permIt for the temporary creek crossmg.
3 DIviSIOn of Mineral and Geology permit.
4 Department of PublIc Health and Environment air quality perrnit.
AL TERN A TIVES CONSIDERED:
Do not approve the speCIal use request.
FINANCIAL IMPACT:
The City has received a one-time application fee for the land use applIcation. A one-lime fee will also
be collected for the grading perrnit.
RECOMMENDED MOTIONS:
Option A
"I move to approve Case No SUP-05-01, a request for approval of a special use permit to allow for
excavatIOn and depOSItion of fill matenal in the amount of approximately 1.5 millIon cubic yards for
the property generally located west of 1-70, south of Highway 58, and north of West 32nd A venue,
for the following reasons:
1 The reqUIrements of the City and the conditions of approval will ensure that the excavation
and grading will mitigate Impacts upon the general health, welfare, safety and convenience
of persons residing or working in the neIghborhood. .-
2. The a'pplica!lts will take measures to ensure the effects generated are mimmal and non-
mtrusive to the adjacent neighborhoods.
3 There will be minimal off-site traffic generated as a result of the request.
1\. 111 ( rfij(1)A ~ M; ~ .
With the fol1owmg condItions:
.,
, \ IX. tl,,: {i ,..L.. r t..., vL.- --- ....v.\;;\..... v-
I Hours pf operation shall be limited to 7 a.m. to 10 p.m., ~~.Verl days a week. Arv (\ I'{"c \ \ ."/ ~L" l
2. The <:pplic~nts must adhere to the perforrnance standards as listed in Section 26-623 (C)(2) ot
the Code of Laws, WIth the exception of the requirement for fencing. ,. '" Lv"':. L L ';>c ,,",I ) ,c, c
3 The grant 01 u~ shall be for the applIcants and may not be Inhented. J
4 There shall be no explOSIve deVIces used for the demolitIOn or excavatIOn of material
5 For areas wlthm 200 feet of residential propertIes, the hours of operation shall be lImited
between 7 a.m. to 7 p.m.
6 The applicants shall comply with the conditions of state permits regardmg water and air qualIty
7 The applicants shall meet with adjacent homeowners to develop a nOise abatement plan, WhlCh
IS subject to CIty approval
8 Except for InJtlal mobl hzation, access to the site by additIOnal eqUIpment or trucks Importmg fill
matenal shall be from McIntyre Street. A ( L ? ".., 'x. -. Cue c; l \ /
9 VIOlations of any of the above condItions may be grounds for revocatIOn of the speCIal use
perrnl t.
10 Approval of the special use perrrut shall not become effective until the annexatIOn of the
property becomes effective.
OR
Option B.
"I move to deny Case No SUP-05-0 1, a request for approval of a special use perrnlt to allow for
excavation and depositIOn of fill material m the amount of approximately 1.5 million cubic yards for the
property generally located west ofI-70, south of llighway 58, and north of West 32nd A venue for the
followmg reasons
Report Prepared by' TraVIS Crane, 303.235.2849
Reviewed by' Alan White
Attachments.
1 City Council staff report (with exhibits)
U .ICase Review/Cabela' s/Council Action Form
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO'
City Council CASE MANAGER.
Travis Crane
CASE NO. & NAME.
SUP-OS-Ol/CabeJa's DATE OF MEETING
February 28. 2005
ACTION REQUESTED'
Approval of a special use penrut to allow for excavation and depositIon of fill
material in excess of 20,000 cubic yards
LOCA TION OF REQUEST A Parcel west ofI-70, south of Highway 58 and north of West 32nd A venue
APPLICANT (S). Cabela's/Coors
OWNER (S): Same
APPROXIMATE AREA. 115.53 acres
PRESENT ZONING Pending
COMPREHENSIVE PLAN Community Commercial (CC) & Business Park (BP)
ENTER INTO RECORD:
(Xl CASE FILE & PACKET MA TERlALS
(X) ZONING ORDINANCE
(X) DIGIT AL PRESENT A TION
Location Map
3200 Ave.
44th Ave.
Subject
Parcel
City Council
Case SUP-05-01/Cabela s
I
ATTACHMENT 1
Jurisdiction
All notification and postmg requirements have been met; therefore, there is Jurisdiction to hear this
case.
I. REQUEST
The applicants are requesting approval of a special use permit to allow for excavation and deposition of fill
matenal of approximately 1.5 million cubiC yards (Exhibit I, Letter of Request). The property is currently
vacant. If the property has been annexed into the City of Wheat Ridge by prior action, thereby giving City
Council the junsdiction to hear the request. The property in question IS located west of I -70, south of Highway
58 and north of West 3200 Avenue. The property is approximately 115.53 acres in size. The purpose of the
excavation and deposition is to create a new water storage facility and level the site in preparation for
development. Public hearings will be required at a later date to discuss rezoning and development of the
property
II. CASE ANALYSIS
The Code of Laws states that any deposition or excavation in excess of 20,000 cubic yards shall require a
specIal use pennit. The applicant wishes to excavate and deposit approximately 1.5 million cubic yards. The
SUP process starts WIth a neighborhood meeting and an administrative review Once the referral and staff
review period has been completed, a ten-day public notice period begins. During this ten day period, the public
is given an opportunity to submit written objections regarding the request. If any relevant objections are
received, or If the Community Development Director does not approve the request based upon specIfic criteria
in the Code of Laws, the application must be forwarded to City Council for consideration. The Community
Development Department did receive II relevant objections during this period (Exhibit 2, II Letters of
Objection).
Additionally, the Code of Laws requires a neighborhood meeting to be held. A neighborhood meetmg was held
on February 9, 2005 There were many neighbors in attendance. The main concerns expressed at thiS meeting
were in regards to increased traffic and abatement of dust and debns (ExhibIts 3 and 4, Neighborhood Meeting
Summary, Neighborhood Meeting SIgn in Sheet).
III. SITE PLAN REVIEW
A site plan. grading plan and cross section details have been submitted for review (Exhibit 5, Site Plan; Exhibit
6, Grading Plan and Exhibit 7 Cross Section Details). The property is currently undeveloped. The applicants
wish to excavate a portion of the site and use the fill material to level an existing depression on the property A
water storage pond is proposed for the southwest comer of the property All of the 1.5 million cubic yards will
be distributed onsite. There may be approximately 50,000 cubic yards of material imported to the site. There
should be minimal truck traffic generated and distributed onto the neighboring streets as a result of this request.
Section 26-623 of the Code of Laws dictates the performance standards for excavation operations. Among these
performance standards are the following:
1 The area of disturbance must maintain a thirty foot setback from all property lines.
2. All roadways must remain in a dust-free condition. Additionally, haulage roads shall not be
established along existing residential streets, except as provided by the special use permit. Collector
streets and major roads may be used for hauling.
3. The property shall be enclosed by a 72 inch fence. The fence shall contain a Ihree strand barbed
wire section.
4 Provisions for control of wind and water erosion during operations shall be made and followed.
Wind blown materials or sediment loads shall not be allowed to escape the site.
City Council
Case SUP-05-01/Cabela s
2
5 Debris and/or contaminants shall not be accumulated or discharged beyond the property line. The
operation shall be conducted so that the excavated area will not pennit water of a stagnated nature
to collect.
6. All exterior lightIng shall be in compliance with Section 26-503
7 All special permits shall contain provisions for rehabIlitation of the property as near to ItS prior
natural state, or In such state or condition as the City Council may approve.
The applicant has agreed to abide by these performance standards, With the exception of number 3 A 72 inch
fence has not been proposed.
The Code also provides that the equipment used shall be maintained and operated utilizing standard items, such
as mufflers, filters, etc to eliminate vibration, dust and noise. The Code specifies hours of operation to be from
7 a.m. to 5 p.m. dunng regular business days. The applicants wish to extend the hours of operation from 7 a.m.
to 10 p.m.. seven days a week. The applicants must also provide insurance and a bond to ensure rehabilitation of
the site.
If the special use permit is approved, a grading permit must be obtaIned from the Public Works Department,
complele with a review of detailed civil drawings.
IV. AGENCY REFERRALS
The proposal was referred to all adjacent junsdictions. The Community Development Department has not
received any comment from the jurisdictions. The Public Works Department has reviewed and approved the
drainage report and civil drawings.
V. SPECIAL USE PERMIT REVIEW
Staff has the follOWIng comments regardmg the critena used to evaluate a special use permit request:
Per the Code of Laws Sec. 26-114 (D) before a special use pennit is approved, the applicant shall show, and the
community development director or city council shall find, the proposed speCIal use'
1. Will not have a detrimental effect upon the general health, welfare, safety and convenience of
persons residing or working in the neighborhood of the proposed use.
With proper controls, detrimental effects on the general health, safety or welfare of persons m the
neighborhood should be mitigated. There will be minimal traffic on and off the site, and the applicants
are proposing best management practices to ensure effects on the neighborhood are minimal.
2. Will Dot create or contribute to blight in the neighborhood by virtue of physical or operational
characteristics of the proposed use.
The proposed use should not contribute to blight in the neighborhood. The excavation and deposition
will be a temporary operation.
3. Will not adversely affect the adequate light and air, nor cause significant air, water or noise
pollution.
With proper controls in place, the proposed special use should not affect adequate light, air or water
pollulion. There will be noise generated as a result of the excavation. A condition is recommended that
operations within 200 feet of the residential structures will be allowed only between the hours of 7 a.m.
and 7 p.m. The applicants will be responsible for instilling best management practices to ensure
airborne dust and debris is kept to a minimum, as required by state pennits that must be obtained.
City Council
Cas~ SL:P 05~OI/Cabela 5
3
4. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service
or internal traffic conflicts to the detriment of persons whether on or off the site.
The proposed special use should not result in undue traffic congestion. The applicants have indicated
that the fill dirt to be distributed will be generated by excavating a portion of the site. For this reason,
there will not be large numbers of dirt-hauling vehicles cormng to and going from the site. All
equipment will be brought onto the site and will remain onsite until completion of the excavation and
grading. Except for initIal mobilization. all traffic will be required to access the sIte from McIntyre.
5. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening
and landscaping, so as to be in harmony and compatible with the character of the surrounding
areas and neighborhood, especially with adjacent properties.
There is no building proposed as a result of this special use request. The applicants will be reqUIred to
maintain a 30 foot "setback" from the property lines. This setback will ensure that the grading and
excavatIOn vehicles and equipment are at least thirty feet from the nearest property line.
6. Will not overburden the capacities of the existing streets, utilities, parks, schools and other public
facilities and services.
The applicants have indicated that there will be minimal traffic generated by this special use request.
All of the fill material to be excavated and moved will come from onsite, that is, there will not be trucks
bringmg the dirt onto the sIte to be distributed. There should be no effect on utilities, parks, schools or
public facilitIes.
7. History of compliance by the applicant with Code requirements and prior conditions, if any,
regarding the subject property.
The applicants have no history of compliance or noncompliance with the City of Wheat Ridge code
requirements.
8. Ability of the applicant or any permitted successor-in-interest to continuously meet the conditions
of the proposed permit.
If conditions of an approved special use permit are violated, the permit can be revoked.
9. Other factors relevant to the specific application.
There are no other relevant factors.
VI. STAFF CONCLUSIONS AND RECOMMENDATIONS
Staff concludes that the applicants should not create an adverse effect on the neighborhood. Additionally, the
applicants will take measures to ensure dust, debris and runoff are minimal and non-Intrusive. City Council
shall decide if the request is a personal grant of the owner or property. Therefore, staff recommends
APPROV AL of Case No. 5UP-05-01.
VII. RECOMME1'I.'DED MOTIONS
Option A.
"I move to approve Case No. SUP-05-Ol, a request for approval of a special use permit to allow for excavation
and deposition of fill material in the amount of approximately 1.5 million cubic yards for the property generally
located west of 1-70, south of Highway 58, and north of West 3200 A venue, for the following reasons:
City Council
Case SUP-05-01/Cabela s
4
The requirements of the City and the conditions of approval will ensure that the excavation and grading
will mitigate impacts upon the general health, welfare, safety and convenience of persons residing or
working in the neIghborhood.
2. The applIcants wilJ take measures to ensure the effects generated are minimal and non-intrusive to the
adjacent neighborhoods.
3 There wIll be minimal off-site traffic generated as a result of the request.
With the folloWIng condItIOns:
I Hours of operatIOn shalJ be limited to 7 a.m. to 10 p.m., seven days a week.
2. The applIcants must adhere to the performance standards as listed in Section 26-623 (C)(2) of the Code
of Laws, with the exception of the requirement for fencing.
3 The grant of use shall be for the applicants and may not be inherited.
4 There shalJ be no explosive devices used for the demolition or excavation of material.
5 For areas withIn 200 feet of residential properties, the hours of operation shall be lImited between 7
a.m. to 7 p,m.
6 The applicants shall comply with the conditions of state penmts regarding water and air quahty
7 The applicants shall meet with adjacent homeowners to develop a noise abatement plan. which IS
subject to City approval.
8 Except for imtlal mobilization, access to the site by additional equipment or trucks importing fill
material shall be from McIntyre Street.
9 Violations of any of the above conditions may be grounds for revocation of the special use permit.
10. Approval of the special use perrrut shall not become effective until the annexation of the property
becomes effective.
OR
Option B
"I move to deny Case No. SUP-05-01, a request for approval of a special use perrrut to allow for excavation and
deposition of fill material in the amount of approximately 1.5 million cubic yards for the property generally
located west of 1-70, south of Highway 58, and north of West 3200 Avenue for the following reasons.
City Council
Case Sl'P-05-01lCabda s
5
Coors I Cabela's Site Excavation Proposal
Special Use Plan Narrative January 25, 2005
Introduction
This Special Use Permit application for a Major Excavation Control Operation has been
prepared in accordance with the requirements of Section 26-623 of the Municipal Code for the City
of Wheat Ridge, Colorado,
This permit application encompasses approximately 130 acres and is comprised of
multiple ownerships. The two principal ownership groups are the Coors Brewing Company of
Golden, Colorado and Cabela's Retail, Inc., a Nebraska Corporation A third property located on
approximately 8 acres of land and along the southern edge of the site is owned by the Satter
family Material excavated from the Salter property will be used for top dressing and surface
reclamation of the proposed fill areas throughout the site
Project Description
The Coors Brewing Company is proposing a new water storage reservoir on approximately
29 acres of land located in the southwestern portion of the subject property The material
excavated from this area will be used to balance other development sites within the subject
property No off-site export of any excavated material is being considered in this proposal.
Site Characteristics
The subject property is generally located south of Clear Creek and west of Interstate 70
The site has historically been used for sand and gravel mining and is currently undeveloped The
resulting landform from previous mining activities has left much of the site with large excavation
pits, steep slopes and poor drainage
Construction Schedule
Excavation of the proposed water storage reservoir is planned to begin in early March of
2005 and is anticipated to be completed in seven months. The excavation process will involve the
removal and replacement of several utilities including a major water transmission line owned by the
Denver Water Board The construction sequencing imposed by the Denver Water Board requires
that the work in the vicinity of the water main be complete before seasonal runoff peaks this year
Because of this constraint, the conlractor will anticipate extended work hours that will include
seven days a week between 6 a.m. to 10 p,m. Additional hours of operation may be required for
special or unforeseen circumstances such as those involved with utility work or other emergencies
that may come up in the process, In these situations the contractor will contact the appointed
representative from the City's Public Works Department for permission to temporarily extend hours
of operations past 10 p.m. Under no circumstances will the contractor be allowed to begin
excavation work before 6 a.m.
Construction Fencing
Construction fencing will be placed around areas involving areas of active excavation only
The minimum height of construction fencing will be 60 inches with the entire perimeter secured
after approved hours of operation.
EXHIBIT 1
/-------
BXHIBIT 2 -
LBTTBRS OF
OBJBCTION
___~~--=~~O!~ ~_16: 5?JAX.._303 291 0583
PR NEW'SWIRE
[4] 001
TO: The City of Wheat Ridge, Planning Division
Fax: 303 235.2857
PH: 303 2352846
FR: Nancy Sells, resident
DA: 2/10/05
RE: Case No. SUP-05-0l, Request for Approval of a Special Use Permit
Thank for your letter of Feb. 4, advising me that a request has been made to excavate a
reservoir directly behind my house. I was surpnsed to learn that this special use can be
granted by the Community Development Director without a need for a public hearing.
Norris Dullea, the consultants to Cabela's, shared with us at a meeting at Manning School
last night that this is the first of many possible strategic moves to begin the development
of the Cabela's property. We learned that, if approved, the excavation will take place
from 7 a.m. to 10 p.m. each day, that the traffic needs have not yet been addressed, that
there are more meetings coming, and that as local residents we are allowed to have a say
in these matters.
Finally, annexation of the property for Cabela's has not been offiCIally approved by the
Wheat Ridge City Council. I therefore feel strongly that the course of events regarding
the Cabela's move are taking place in a manner that benefits the Cabela's corporation but
in no way benefits the local residents, and the excavation is just one small example of
that.
I have many serious concerns regarding the excavation, such as noise, dirt, water flow,
and other issues that will affect me as a homeowner. Before a permit to excavate is
granted, I would like all my questions answered.
I therefore urge the Community Development Director NOT to grant this Special Use
Permit until greater clarification on all matters regarding the excavation in particular, as
well as the larger issues related to the Cabela's move, (such as the traffic challenges), are
addressed.
Thank you,
;\[;0
3 tw B~
G~
geft~
(:y.
80401
5D3, ?f;~ I 3034
Co
Sent By: SIERRA TRANSLATIONS INCj
3032798716;
Feb-11-0510:48AMj
Page 1/1
To: The City of Wheat Ridge, Planning Division
Fax: 303.235.2857
Phone: 303.235,2846
r q 1 ' Zu05
.~
From: Michael & Judith Fotsha.
Fax: 303.279.7897
Phone: 303.279,8716
Date:: 211 lIOS
RE: Cue No. SUp-os-ot, Req_tIt tor App~.l of a SpeeilII Use Permit
We have been infonned that a requtst bas been made to extaVate a rescrvQir directly
behind oUr circle drive. We live at :t3SI0 W. 33M Ave. at the top oftbe drive. We were
surprised to learn that this special ~ an be granted by the Community Development
Director without a need for a pub1il:< bearing.
At a meeting at Marming School on Wednesday night the 9Ch, Norris Dullea. the
consultants to Cabela's, toW us tha1jthis is the first of man)' po91'ble strategic moves to
begin the development of the Cabelll's property. We learned that, if approved, the
excavation will take plaOe from 7ar+ to 10 pm each day, that traffic needs have not yet
been addressed, !bat there ere more Jneetings coming, and that as local ~idents we are
allowed to have a say in these matters.
r'inally, llDDf!Xation of the property 1m Cabela's has DOt been officially approved by the
Wheat Ridge City ColU1cil. ~,we strongly feel that 1he course of events
regarding the Cabela' 5 move are taJc$ngplaee in a manner 1hat benefits the Cabela' s
corporation, but in no way benefits 1be local residents, and the excavation is just one
small example: of that.
.
We have many seriOUll concerns regjard.ing the extavation, such as ttaftic, noise, dirt,
dust, water flow, and other issues thAt will directly affect me as a homeowner. Since
Manning does not use school buses for student mmsportation and Coors has no other
outlet for its employees onto Wesl I~70 besides 3~ .street. private vehicle use from 7:30
- 8:30 ~ 11:30am -1:00 J'l1lt 2:30 ~ 6:00 pin is aJready very congested. We try to avoid
using 32 at those times, if possible~ Before a permit to excavate is granted, ~ would
Jike all our questions ~, .
We therefore urge the CooIm,mity ~lopment Director NOT to grant this Special Use
Permit urrti1.~ clarification on !ill matters regarding the examitiOll in particular. as
well as the lifget issues re1a\ed to ~ Cabela's move, (such as naffie challenges). are
addressed. Thank you.
~F~/~~
Michael & Judi1h Forsha
13510 W. ):)nt AVe.
Robert & Maureen Whitfield
3324 Beech Ct
Golden CO 80401
~
February 10, 2005
The City of Wheat Ridge
Attn- Alan White -Wheat Ridge Community Development Director
Attn- Randy Young - City Manager
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
11us letter is in reply to your letter of February 4 concel11ing a request for approval of a
SPECIAL USE PERMIT (Case No SUP-05-01)
My Residence is immedmtely adjacent to the south boundary of the proposed project and
will be heavily impacted by the envisioned excavahon which will be witlun a hundred
feet of my house. To date neither our Applewood Lane Homeowners of 38 Residences
nor the individual home owners have had any contact from Wheat RIdge OffiCIals
conceming the details connected with this matter The Cabelas developer did hold a
meeting on the 9th of this week at Manmng Jr High school to discuss this project but did
not have specific answers to the questions below
1 would request that the SPECIAL USE PERMIT contain proVISIons to protect adjacent
property owners. SpecIfically the followmg should be covered.
1) Dust control.
2) Routes to be used by contractors when moving trucks and excavation
equipment into and out of the project area.
3) Hours during wruch heavy equipment may be operated.
4) Control of noise from equipment - particularly volume and frequency of
heavy eqUIpment backup signals.
5) ProhibItion of the use of explOSIVes.
6) Monitoring of Penrut requirements by City officials.
7) A procedure for Homeowners to report violatIons or excessive disturbance.
8) A detailed map based on high order surveying which shows the exact location
of the proposed lake excavation WIth respect to lot lines, houses and property
boundaries in our Applewood Lane SubdIvision.
I feel all adjacent property homeowners should be given detailed information about these
questions above as It pertains to the SPECIAL USE PERMIT.
Feb 14 05 12:S1p
p. 1
TO: The City of Wheat Ridge, Planning Division
Fax: 303 235.2857
PH: 303 235 2846
'2,~~<
FR: Lela Green, resident ((WOO Braun Court. Golden. CO 80401 PH: 303 J, 71 - :3 g~ 7
DA: 2/11/05
RE: Case No. SUP-05-01, Request for Approval of a Special Use Permit
Thank for your letter of Feb. 4, advising me that a request has been made to excavate a
reservoir near my property. I was surprised to learn that this special use can be granted
by the Community Development Director without a need for a pubhc hearing.
Norris Dullea, the consultants to Cabela's, shared with us at a meeting at Manning School
last night that this is the first of many possible strategic moves to begin the development
of the Cabela's property. We learned that, if approved, the excavation will take place
from 7 a.m. to 10 p.m. each day, that the traffic needs have not yet been addressed, that
there are more meetings coming, and that as local residents we are allowed to have a say
in these matters.
Finally, annexatIOn of the property for Cabela's has not been officially approved by the
Wheat Ridge City Council. I therefore feel strongly that the course of events regarding
the Cabela's move are taking place in a manner that benefits the Cabela's corporation but
in no way benefits the local residents, and the excavation is just one small example of
that.
I have many serious concerns regarding the excavation, such as noise, dirt, water flow,
and other issues that will affect me as a homeowner. Before a permit to excavate is
granted, I would like all my questions answered.
I therefore urge the Community Development Director NOT to grant this Special Use
Permit until greater clarification on all matters regarding the excavation III particular, as
well as the larger issues related to the Cabela's move, (such as the traffic challenges), are
addressed.
Thank you,
,1
d~~
02/14/2005 10 48 FA!
CARTER Bl~GESS-DE~\~R
III 001
Feb. 14,2005
Attention: Travis Crane, Community Development Department
We live at 3325 Beech Court which is adjacent to the Coors property, which is planned
for development of a water storage lake. and Cabalas store. The purpose of tills memo is
to inform you of concerns we have as it relates to the proposed excavation for the water
storage lake.
First, there is a row of very large trees at the south end of the property where the new
Coors water storage lake 1S to be placed. These trees are on fairly high terrain next to the
exISting trail along the south side of this Coors property and shouldn't be in the area of
excavation. We am strongly recommending that these trees do not be removed and can
remam to proVlde a buffer between the development planned for this property and the
residential homes directly adjacent to the property
Secondly, we are concerned about noise and dirt contamination during the construction
operations of excavation. We are recommending that the City enforce strong
reqwrements to eliminate (as much as possible) dirt particles gettIng into the air. Also
heavy equipment is very noisy and we are requesting the City enforce time restrictions
for operations of heavy equipment used on this project We are suggesting that the beavy
~)pmen~nlY :Q:~O ia:~~OOAM-7:00PM Monday tbru Friday.
~atty Shaffer ~
3325 Beech Court
Golden, CO 80401
303-278-3460
DIGIACOMO & JAGGERS, LLP
ATTORNEYS AT LAW
ASPEN BUSINESS PARK
5400 WARD ROAD, BLDG III, SUITE 200
ARVADA, CO 80002,1822
(303)420-4220
FAX (303) 423-4840
office@djatlaw com
DAVID R DIGIACOMO
GERALD H JAGGERS
DOUGLAS J PERKO
February 14. 2005
CIty of Wheat Ridge
PlannIng Department
7500 W 29th Ave
Wheat RIdge, CO 80033
RE Application for a fill Perrnlt-North of32nd: West ofl-70: South of Clear Creek.. I 5 mIllIOn
cubIC yards
Dear Planning CommISSIOn
On Sunda), February 13, 2004 I was ndmg my bIcycle on the 1-70 frontage road near the Jeffco
AnImal Shelter and saw the postmg of a notIce regardmg a permit requested for excavatIOn on
the C oors/Cabela' s site. 1 had to look. tw'ice at the notice I knew the AnnexatIOn PetitIOn was
scheduled for heanng on February 28th I was sure the Notice was for a hearing before the
Count) of Jefferson smce the annexatIon had not been approved yet.
I know the CIty Council IS unanimously behind the Cabela's project but shouldn't the City
proceed so that the public has appropriate mput? It seems to me that the postmg IS not legal.
UntIl the annexatIOn occurs the City has no JurisdictIon over the parcel The postmg of a notIce
on a property over whIch the CIty has no Jurisdiction should mvalidate the posting.
More Important though is the fact that a Wheat Ridge citizen has no reason to believe that a
posting would apply to him or her smce the property has not been annexed yet.
Regarding the Permit.
I) A middle school and elementary school (Maple Grove) are located very close to the
access road off of West 32nd Ave. I 5 mIllion yards IS 150.000 dump truck loads. What
actIOn is bemg taken to protect the children who walk to the school and parents who dnve
theIr children')
2) The constructIOn activity WIll Impact more then W 32nd and Youngfield. Two
elementary schools (Prospect Valley & Kullerstrand) and a high school (Wheat Ridge)
F'IWPWINIClientsID,Giacomo. Da\e'Wheat Ridge Planning Dept..\\l'd\2/14/05
Page 2
February 14. 2005
are Wlthm approximately I 5 miles from 32nd and Y oungfield. \Vhat efforts will be
expended to msure the safety of thousands of chIldren in the adjacent neighborhoods')
3) West 32nd Ave. IS one of the most popular bicycle routes m the region. How do the City
and the Developer intend to protect the blcyclmg public')
4) As the "crow files" we live approxImately one mIle east of the site and dO\\TIwind. What
actIOns are being taken to mitigate the noise and dust')
5) 10.000 dump trucks on the city streets \vIll cause some damage Who IS responsl ble for
repamng the damage')
6) How w1l1 truck traffic be handled') The intersection of32nd and Youngfield IS already a
congested intersection.
The comments must be submitted by 5 '00 p.m. today I believe the comment penod is too short
SInce the applicatIOn was so recently filed and Illegal I may have additIOnal comments after
reVieWIng the CIty'S files.
I hope our appomted and elected offiCials wIll act to protect our public mterest and not be blinded
by potentia] "profit'" ImagIned because of mcreased tax revenues from this development.
Yours truly.
'Q~.O
. ~~ ..)~
-------
DaVid R. DIGIacomo
DRD!lm
F IWPWH\\Clients\Dl(Jlacomo. Dave"Wheat Ridge Planning Dcpt..wpd\2/14!05
02/14/2005 liON 11: 06 PAX 303 232 5161 Golden Hill Law Office"
~001/002
SCHMIDT & HOREN LLP
A Partnership of Professional Corporations
ANorncys G1ld CounselQrs at Law
1050 17'" STREET, SUITE 1700
DENVER, COLORADO 80265
TELEPHONE (303) 436-9121
FAX (303) 436-9648
www.schmidthoren.org
PA1RlClAA. BARRON
KARE/III(. HOILAND
ROBERT P HOREN
DAVID L. LOCKWOOD
MARK D. MASTERS
1Ul.1A GRlFFITIi MCVEY
M1CHEll.E BARNES RUBIN
L. Wlll.lAM SCHMIDT. JR..
OfCmmse1:
PETER M. MrmRKO
Ditocr Dial: (303) 224-7799
D~r Fill<: (720)493-0774
. Of CO\IrlllCI to McGo>rlc and Hogan,
Ll1'
LEGAl ASSISTANTS.
Aly,.o Dodd..
Mary Bus-,~
UAmttll. {)Qrfngcr
111""'0$ F WIlaJen
February 14, 2005
City of Wheat Ridge
7500 W. 29th Ave.
Wheat Ridge, CO 80033 VIA FACSIMLE: 3.235.2857
RE: Case No. SUP-oS-o1
To Whom It May Concern:
This letter is in response to your letter dated February 4, 2005 informing a neighbor about
the above referenced case.
My husband and f live a few houses away from the neighbor who provided us a copy of
your notice to her, and we are extremely concemed and opposed to the proposed
excavation of 1.5 million cubic yards of dirt. Your letter indicated that you wanted
responses to your letter by today at 5:00 pm. Unfortunately, the notice sent out by the city
was not received by everyone impacted by this proposed plan. It is unfortunate in that I
believe the city would receive many more letters similar to mine voicing concems and
objections had notice been properly mailed and received by everyone in time to meet your
response deadline.
Be that as it may. here is our objection to the special use permit. Additionally, this letter
is to let you know that we are uniting neighbors throughout the Applewood and Wheat
Ridge areas to oppose this proposed retail development and excavation site. The entire
project has been steamrolled through with very little notice to and opportunity for comment
from the impacted community. We understand the city stands to gain quite a bit of
revenue from this proposed project. However, the cost at which such revenue comes to
the city is prohibitive and destructive to hundreds of homeowners in the area. Additionally.
the impact from the projected increased traffic on the already clogged roads will be felt by
02/14/2005 NON 11:07 PAX 303 232 5161 Golden Hill Law Offices
~002/002
City of Wheat Ridge
page 2
February 14, 2005
thousands who travel those roads. We will oppose this project with all ofthe resources
we have available.
I urge the Community Development Director NOT to grant this Special Use Permit. Thank
you for your time.
ResRectfully, 0. "
~~~
I
I
JuliSl/Griffith McVey
,1"\
r! \ ',,~.: /"
\ .J
,
~
f1rf~
To
Phone
The City of Wheat RIdge, Planning Division
(303 ).235.2846
From.
Phone
Date'
Bob and Gail Reynolds
303.2795626
2/13/05
RE:
Case No. SUP-OS-Ol, Request for Approval of a Special Use Permit
We received notIficatIOn that a request for approval ofa Special Use Permit for
depositing fill dirt on property near our home sIte has been submitted. ConcernIng thiS
request we do not want the Planning Division to approve this permit without a public
hearing. We have been informed by the engmeering firm that IS working for Cabela's that
thIS IS the first step m gettmg the property ready for commercial development. We have
also looked at the proposed traffic plan for accommodatmg this enterprise. The traffic
plan is certam to make our home and other resIdences m the area along 32nd Avenue
undeSIrable places to lIve. The property for the proposed Cabela's IS bordered on three
Sides by highways that are commercial-mdustrIal in nature, and for the City of Wheat
Ridge to choose to use a resIdentIal street, 32nd Ave., as the access to tills shopping area IS
reprehensible Until the traffic matter is discussed with the people to whom it is of vital
interest, no work on the property toward the goal of building a Cabela's should proceed.
Thank you,
@~~~~ .i
/ /1,'_ ! / "1/ kJi' '/,,;/L /
LAC1U- VI V:I ,c;~
. I
I ,
'J
APPLEWOOD LANE HOMEOWNERS' ASSOCIATION
P.O. BOX 17624
GOLDEN CO 80402
TELEPHONE 303 273 9604
The City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
! FEB '~'l 2005
1_ _ 11)\ __ _ ___
~---- -- - _. __J
~.
/
~___ FE~R },'I 2005
I I
H ._:..._ - _ __ ___ ~__::....::_ - __:J
February 11,2005
This letter IS m reply to your attached letter of February 4 concerning a request for
approval of a SPECIAL USE PERMIT (Case No,SUP-05-01)
The Applewood Lane Subdivision is immediately adjacent to the south boundary of the
proposed project and will be heavily impacted by the envisioned excavation which will
be within a hundred feet or so of eXIsting houses. Our ASSOCIation IS composed of 38
homeowners within the subdivision. To date neither our Association nor the individual
home owners have had any contact from Wheat RIdge Officials concerning the details
connected with this matter
We believe that the subject SPECIAL USE PERMIT should contam provisions to protect
adjacent property owners. Specifically the following should be covered:
1) Dust control.
2) Routes to be used by contractors when moving trucks and excavation
equipment into and out of the project area.
3) Hours during which heavy equipment may be operated.
4) Control of noise from equipment - particularly volume and frequency of
backup signals.
5) Prohibition of the use of explosives.
6) Monitoring of Permit requirements by City officials.
7) A procedure for Homeowners to report violations or excessive disturbance.
8) A detailed map based on high order surveying which shows the exact location
of the proposed lake excavation with respect to lot lines, houses and property
boundaries in our Subdivision.
We are also interested in what improvements such as transition zones, green belts, and
public safety measures are to be incorporated into the project along its south boundary
adjacent to our subdiVIsion.
We are herewith requesting a meeting with the Wheatridge CommunIty Development
Director to discuss the above matters before approval of the SPECIAL USE PERMIT is
granted.
Thank you for your assistance,
Applewood Lane Homeowners ASsOclation
BY' WillIam A Major
President
I ,( -
mJl~JU~;G
Please acknowledge receipt of this letter and return one copy
to address in heading. Thanks,
received
date
cc. Jim Congrove - Jefferson County Commissioner
J. KevIn McKasky - Jefferson County Commissioner
TO. The City of WheatndQe. Planninq Division
From. Robert T and Barbara Hilburn
3345 Braun Road, Golden. Co. 80401
Phone. 303-279-80927
~(i
\"(\
, \
~
, Inns
RE: Case No. SUP-oS-01, Request for Approval of a Special Use Permit
We have been advised that a request has been made to excavate a reservoir
directly north of our residence We were surprised to learn that this special use
can be granted by the Community Development Director, without a need for a
public hearing
NOrriS Dullea the consultant to Cabela's, shared with us at a meeting at Manning
School on February 9, 2005, that this is the first of many possible strategic
moves to begin development of the Cabela property It is our understanding, if
approved, the excavation will take place from 7 00 am to 10'00 pm each day
The extended hours proposed for this operation would create an excessive
amount of nOise after normal business hours
We previously contended with the excavation nOise and dust during the
construction of the reservoirs north of the proposed site over an extended period
of time
Because of the noise level we were forced to keep our windows closed during
the evening hours. We would ask that this permit NOT be approved with the
extended hours of 7'00 am to 10'00 pm. We request that the permit not be
allowed past 7 00 pm
We are deeply concerned that the process for this permit has not allowed for
input from the community A project of this magnitude (1 5 to 2.0 million yards of
dirt) should not proceed without further involvement of the community affected
In addition this community has not been informed of the total traffic plans for
mitigating the impact of this project on affected residents. We feel that the first
step for this development must be a viable workable traffic plan.
We look forward to working with the city of Wheatridge to determine the
feasibility of this project.
'~r~~
~~p~
Robert T Hilburn
Barbara Hilburn
TO: The City of Wheat Ridge, Planning, DIVISion
Fax: 303 235.2857
PH: 3032352846
'r" 8 ;nw,
--=-"'-~--,~-
FR. Me And Mrs. Tony Ficco, 3365 Braun Road. Golden. CO 80401. PH 303 277 109]
DA. 2/1605
RE: Case No. SUP-05-01, Request for Approval of a Special Use Permit
ThIS IS to advIse you that as long-terrn residents of this area, we are fervently agalllst the
development of the property by Cabela's
We are concerned about environmental Issues, traffic Issues and strongly urge you not to
proceed with the SpeCIal Use Permit to allow for depOSit offill dirt matenal III the parcels
proposed to be annexed Into the City of Wheat Ridge located west ofl-70
We do not approve of the proposed annexatIOn of the property by The City of Wheat
Ridge
Please let me know how else we can get involved to vOIce our opmlOns. As my husband
and I are elderly and are Immobile, it IS not possible for us to attend meetmgs but we
want to call whomever is necessary m order to vOIce our concerns
Thank you,
7500 West 29th Avenue
Wheat Ridge, Colorado 80215
City of
Wheat Ridge
'-'
Telephone (303)235-2846
Fax (303 )235-2857
Date:
9 December 2005
City Staff Present: TravIs Crane, Randy young, Tim Paranto
Location of Meeting: MannIng School Auditorium - 13200 W 32nd Ave.
Property Address: Parcel west of 1-70, south of hwy 58, north of W 32nd Ave
Property Owner' Coors/Cabela's Property Owner Present? No
Applicant: Coors/Cabc\a's
Existing Zoning: Planned Development (Jeff CO)
Comp Plan Designation: CC - CommunIty CommercIal
Existing use/site conditions: Vacant
Applicant proposal: Would like to apply for a special use perrnJt to al10w for excavatIOn and
depOSItIOn of fill matenal. The excavatIOn would occur In the southwest
comer of the property. A water storage pond would be created by the
excavatIOn The fill matenal would be dlstnbuted onsite to even the grade
Issues discussed: There were many neighbors m attendance at thIS meeting. Many of the
attendees wished to diSCUS the eventual plans for the sIte (the rezoning and
development of a retaIl store). The applIcant's representatives stated that
addItional meeting would be held to diSCUSS the development, and that the
focus of this meetmg was to dISCUSS the excavatIOn. This caused much
confusion.
There were a few questIOns regardIng the order of the meetIngs. Many
attendees were confused by the speCial use request. A majority of the
audIence thought the sIte development should be addressed pnor to the
excavatIOn of the sIte.
There was dIscussion regardmg the intent of the water storage pond, and
who would use It. There were questions regardIng the constructIOn
schedule for excavatIOn - hours of operation, duration, truck traffic
generated, dust, nOIse and lighting impacts. There were a few questIOns
regardIng the type of equIpment to be used for the excavation There were
addItIOnal questIOns regarding impacts of the pond after construction -
dramage, water levels, ImplementatIOn of traIls, and recreatIOnal use
EXHIBIT 3
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for a 72 Inch fence around the pen meter of the property. AddItIOnally, the Code specifies the hours
of operatIOn to be from 7 a.m. to 5 p.m. dunng normal business days. The apphcants WIsh to
excavate from 7 a.m. to 10 p.m., seven days a week. The applicants are m the process of hmng a
contractor to perform the excaval10n and gradmg work and the applicants may at the heanng request
hours different from what is stated here.
A gradmg penrut wIll be reqUIred If the special use permIt is approved. The perrnlt requires the
subrruttal of an erosIon control plan, a drainage report and plan, an engmeenng geology report and a
solis engmeenng/overlot grading report. In addItIon, the followmg perrnits are reqUired from the
State
I.
NPDES/CDPS Perrnlt, WIth stormwater management plan.
Corps of Engmeers 404 perrnIt for the temporary creek crossing.
DIVISion of Mmeral and Geology perrnIt.
Department of Public Health and Envlfonment air qualIty perrnlt.
,
3
4
AL TER.,"IA T1VES CONSIDERED:
Do not approve the specIal use request.
FI~ANCI:\L IMPACf:
The City has received a one-time applicallon fee for the land use application. A one-time fee Will also
be collected for the gradmg permIt. ~ ~ >""
It J...:.' D i IjtK { fi f..../c-c:. .
RECO'I'IE"lDED MOTIO:'IIS: ,
Option A ~
,.( mo\'e to approve Case No SUP-OS-O J, a request for appro\' al of a speCIal use permltltD allow for
e\CJ'atlOn and deposll1on of fill matenal m the amount of appro!\lmately 1.5 million cubIC yards for
the property generally located west of 1-70. south of Highway 58, and north of West 3200 Avenue,
for the followlOg reasons:
matenal.
shall be limited
~
~t<:';p1 l~ 0
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77Z'~::(::"'cW% ~~""' L lSI'C:< ~~e;RCS:w>H<$P ~t.- (~..o ~ L6'-~.....-u..
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A~ t!LYV{(->L~ ,APr:;. lL~~A:cz'PI.u:; Urct:Al?/~...
The requIrements of the City and the condItions of approval WIll ensure that the excavation
and grading will mll1gate Impacts upon the general health. welfare, safety and convemence
of persons reSIding or worlung In the neighborhood.
., The applicants Will take measures to ensure the effects generated are mInimal and non-
IOlrusI\e to the adjacent nelghborh~
3 There \I, 111 be minimal off-slle tr:I.ffIc generated as a result of the request.
4 . -{"/.16 G=~(." ~<=Hl~"'r'; ,,~~~ '?,"o(yT7{..-,,-~' /.;( t3 ,- t {5'.. {!"., '7 r',4v '-'" g.~,ta.' t"1 tel.
Wllh the follOWing conditIons,
C/ 7N
Hours of operation $hall be lunned to 7 a,m. to. p.m.. ~ days a week)
1ne applicants must adhere to the performance standards as listed In Section 2 -623 (C)(2) of
the Code of Laws, With the e!\ceptlon of the requirement for fencmg.
3 The grant of use shall be for the applicants and may not be inherited.
4 There shall be no e!\plosl\"e devices used for the demollllon or excavatIOn
5 For areas wlthm 200 feet of re"ldentl;>1 properues. the hours of operati
betwccn 7 a.m, to 7 p.m.
3C-
6 The applIcants shall comply with the condlllOns of state permlls regardIng water and aIr qualIty
7 The applicants shall meet Wllh adjacent homeowners to develop a nOIse abatement plan. which
IS subject to City approval
8 ,::~::tr '~bdlz~~,A:~ss to the sIte by aaeihol,.\l e~tllflFfl"""""Artrucks Ifflpnrtll'lg fiH
m.___m shall be rom Mclntyre Street. --------
9 Vlolallons of any of the above condItions may be grounds for revocation of the speCial use
perrnlt.
10 Approval of the speCIal use perrnlt shall not become effectIve untIl the annexatIon of the
property becomes effective.
OR
Opllon B
"I move to deny Case No SUP-05-0I, a request for approval of a speCial use perrnll to allo\\ for
e\CavallOn and deposIllOn of fill matenalln the amount of apprQ:lomately 1.5 mIllIon cubic yards for the
property generally located west of 1-70, south of Highway 58. and north of West 32M Avenue for the
follOWing reasons:
Report Prepared by: TraVIS Crane, 303.235 2849
ReViewed by' Alan White
Allachments.
1 CIty CouncIl staff report (With exhibits)
l' ICa~ Rcvlc.../Cabela'~CoulKll Action Form
City of Wheat Ridge
In this space there is a large scale map that could not be scanned at
the this time. Please see the Wheat ridge Clerks office if you would
like to see the map.
MASTER
HALCO'
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APPLEWOOD PROPERTY OWNERS ASSOCIATION
February 28, 2005
Randy Young
City Manager
City of Wheat Ridge
7500 West 29th Avenue
Whcat Ridgc, CO 80033
Dcar Randy
Thc Applewood Property Owners AssocIatIOn reprcscnts morc than 950 property owners m thc
area includmg the land proposed for annexation by the City of Wheat RIdge south and west of
the I-70/Colorado Hwy 58 interchange. ThIS lettcr providcs APOA comments on matters commg
before the Wheat Ridge City CouncIl at their February 28, 2005, meeting.
First, the city council is considenng annexmg propcrty to bc developed undcr a development
agreement adopted by the city last December. That agrcement proposes measures to mItigate
impacts from mcreased traffic to and from the development site As a participant in the Clear
Creek Valley Neighborhood Council (CCVNC), the APOA fully supports the CCVNC positIOn
regardmg traffic impact mitIgation. In this regard, CCVNC secks
. Dlrect acccss to & from the dcvelopmcnt sitc offl-70 and/or CO 58:
. CompletIOn of all roadway improvements pnor to store opcnmg;
. To k.ecp tratlic out ofthc neighborhoods,
. Improvements to the Y oungficld & 32nd A vcnuc intersection to accommodate incrcascd
traffic, and
. Improvcd bicycle & pcdcstnan acccss and mobilIty to and from local schools and opcn
spacc trails, and across underpasscs and bndgcs.
Thc APOA IS also deeply concerned about Impacts to the envlronmcnt from the proposed
development. We have reViewed the Envtronment Assessment (EA) mcluded m your February 2,
2005, refcrral and havc the followmg concerns.
. The EA IS an mcompletc evaluatIOn of the environmental conscqucnces because it only
covers about half of the proposed development arca. and It should by no means be used to
represent areas of the sIte not assessed.
. The Thrcatened and Endangered SpeCIes information provided to the U S. Fish and
WildlIfe Agency appears to bc incomplete and requires further evaluation and review
. The US Arrny Corps of Engineers evaluatIOn of wctlands IS qucstionable and should be
revicwed in light of apparent changes in thc site area and development plans.
. In thc absence of adequate groundwater informatIOn m the EA, the conclusion that there
will be no impact on groundwater is unsupported.
. The evaluatIOn of Impact to open space is mcorrcct.
. The evaluation of alternatives is mcorrect, mcompletc, and unsubstantIated.
.
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CITY OF WHEAT RIDGE
PUBLIC BEARING ROSTER
AGENDA ITEM NO.4.
PUBLIC BEARING BEFORE THE WHEAT RIDGE CITY COUNCIL
CASE NO.
COUJiCIL BILL NO. 02-2005
TITLE:
COUNCIL BILL 02-2005 AN ORDINANCE AMENDING ARTICLE II OF
CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING
BUSINESS LICENSES
YOUR NAME AND ADDRESS
CHECK
IN FAVOR OPPOSED
I \~,r-
,~( \0 L^-J'-J J-
. ~ .. "'.,...~..._._.u.".....
;x
IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGE I
ITEM NO: ~
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE'
February 28, 2005
TITLE:
COUNCIL BILL 02-2005: AN ORDINANCE AMENDING ARTICLE
II OF CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS,
CONCERNING BUSINESS LICENSES
~ PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date.)
~ ORDINANCES FOR 2ND READING
QuasI-Judicial.
o
Yes
~
No
City Attorney
City~ri-
EXECUTIVE SUMMARY:
This ordinance amends Sections 11-22 and 11-24( d) of the Wheat RIdge Code of Laws to elIminate
ambigUIty in the Code concernmg business lIcenses and to require that a business first obtam a
license before operating in the CIty.
COMMISSION/BOARD RECOMMENDATION:
None.
STATEMENT OF THE ISSUES:
All businesses in the City must be licensed. As currently written, Code SectIOns 11-22 and 11-24( d)
permit a business to operate while an application for license is pending. This has caused
enforcement problems. At least one busmess has claimed it could operate without a license and
even before it applied for a lIcense. Most other cities require that a license be issued before
commencing business. The ordinance amends both sections, making it clear that a business must
first have a valid license before the business could commence operations.
ALTERNATIVES CONSIDERED:
None.
FINANCIAL IMPACT:
None
GEDIWRJRFCNOOI
RECOMMENDED MOTION:
"I move to approve CouncIl BIll 02-2005 on second reading, and that It take effect 15 days after
final publication."
Of,
"I move to table indefinitely Council Bill 02-2005 for the following reason(s)
"
Report Prepared by: Gerald Dahl, City Attorney (303) 493-6686
Reviewed by' Patrick Goff, Deputy City Manager (303) 235-2805
Attachments:
1 CouncIl Bill 02-2005
GED/WRlRFCAJOOI
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER GOKEY
Council Bill No. 02-2005
Ordinance No.
Series of 2005
TITLE. AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 11 OF
THE CITY OF WHEAT RIDGE CODE OF LAWS
CONCERNING BUSINESS LICENSES
WHEREAS, the City of Wheat Ridge, Colorado is authorized to regulate
businesses, and
WHEREAS, the City Council has previously enacted Article II of Chapter 11 of
the Code of Laws concerning business licenses; and
WHEREAS, Sections 11-22 and 11-24 within said Article define the
circumstances constituting a violation of the Code and govern applications for business
licenses, and
WHEREAS, the Council finds that Sections 11-22 and 11-24 should be amended
to eliminate ambiguity concerning applications for business licenses and to require that
a business first obtain a license before operating in the City
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO.
Section 1. Section 11-22 of the Wheat Ridge Code of Laws is amended to read.
It shall be a violation of the City Code to conduct business
within the city without a valid business license or without an
3pplic3tion filed in 3 timely manner with the city troosurer
unless specifically exempted from the provisions of this
article. Each day that a business is conducted in violation of
the City Code shall be a separate offense Any violation of
this article shall be subject to any of the remedies as
provided by section 22-46 of this Code of Laws.
Section 2. Subsection 11-24(d) of the Wheat Ridge Code of Laws, which
permits the operation of a business while an application for a business license is
pending, is hereby repealed.
Section 3. Safety Clause The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the City
of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public
and that this Ordinance is necessary for the preservation of health and safety and for
the protection of public convenience and welfare The City Council further determines
GEDIWRlORD/001
~TTACHMENT 1
that the Ordinance bears a rational relation to the proper legislative object sought to be
attained.
Section 3. Effective Date. This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5 11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to
o on this 14th day of February , 2005, ordered published in
full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing
and consideration on final passage set for February 28 , 2005, at 7:00
o'clock pm, 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 , 2005
SIGNED by the Mayor on this
day of
,2005.
Gretchen Cerveny, Mayor
ATTEST:
Pamela Anderson, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication. February 17, 2005
Second Publication:
Wheat Ridge Transcript
Effective Date:
GEDMlR/ORDI001 2
rrEH AJo I \.t:::=
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETLl\J"G DATE. February 28,2005
TITLE:
COUNCIL BILL NO. 03-2005, AN ORDINANCE PROVIDING FOR THE
APPROV AL OF AN AMENDED OUTLINE DEVELOPMENT PLAN FOR
PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT
LOCATED AT 3230 YOUNGFIELD SERVICE ROAD, 3270
YOUNG FIELD SERVICE ROAD, 3291 YOUNGFlELD SERVICE ROAD,
3300 YOUNGFlELD SERVICE ROAD, 13001 W. 320d AVENUE AND
13501 W. 320<1 A VENUE(CASE NO. WZ-04-06/70 WBC, LLC)
o PUBLIC HEARINGS
o BIDS/MOTIONS
o RESOLUTIONS
~ ORDINANCES FOR 1ST READING
o ORDINANCES FOR 2ND READING
QuasI-Judicial' ~ 0
Yes No
4~
CommUnIty Development Director
Clty~'1
EXECUTIVE SUMMARY:
The applicant requests approval of an amended Outline Development Plan for property zoned Planned
CommercIa] Development located at 3230 Youngfield Service Road (exIstIng Good Times), 3270
Youngfield ServIce Road (proposed car wash), 3291 Youngfield Service Road (existIng Country Cafe
restaurant), 3300 Youngfield ServIce Road (vacant rear parcel), 13001 W. 32nd Avenue (vacant entrance
parcel) and 13501 W 32nd Avenue (duplex parcel)
The Outline Development Plan typically wIll rezone a property and set allowable uses and development
standards. It IS general In nature and serves as a basIC blueprint for development of the property In this
case, the applicant is requesting OutlIne Development Plan approval to add permitted uses and to establish
development parameters for 3270 Youngfield Service Road (car wash lot), 3291 Youngfield ServIce Road
(Country Cafe lot) and 3300 Y oungfjeld ServIce Road (rear lot).
A Final Development Plan for constructIOn of a car wash on 3270 Y oungfield Service Road wIll
accompany thIS request, and wIll be reVIewed at second reading of the ordmance and OutlIne
Development Plan.
Planning CommIssion recommended approval of both the OutlIne and Final Development Plans WIth
condItions.
A two-lot subdlVlslon plat was also approved by Planning CommissIOn. Because there are no right-of-
way dedications, the plat wIll not be reviewed by City CounCIl
COMMISSION/BOARD RECOMMENDA nON:
Planning Commission revIewed a plat, an amended Outlme Development Plan and a Final Development
Plan at a public hearing held on February 3, 2005.
A recommendatIOn of approval was made for the Two-lot Subdivision Plat for the followmg reasons.
All regulations and standards of Article IV of the Code of Laws have been met.
WIth the following cond1l10n:
1 A blanket cross access easement be reqUired.
A recommendatIOn of approval was made for the amended Outline Development Plan for the followmg
reasons
The proposed amendment IS consistent With uses in the C- I zone dlstnct.
2. The proposed development standards WIll accommodate the WIdenIng of Y oungfield Servlce
Road beyond its current width.
3 All requirements for an Outline Development Plan have been met.
With the following condItIOns'
1. Eliminate the use of temporary uses such as produce and bedding plant sales.
2. ReqUIre the applicant to use a water recycling system for the car wash.
A recommendatIOn of approval was made for the Final Development Plan for the following reasons:
The proposed car wash wIll have minimal impact m light of the eXIsting commerCIal already in
the development.
2. The Final Development Plan is consistent WIth the standard as set forth in the approved
OutlIne Development Plan for the site
3 Adequate provisions are made for accommodation of future WidenIng of Y oungfield Service
Road.
With the followmg condItions.
1 The 10' high fence on the northern boundary of Lot 3, Block 2 (duplex lot) must be
constructed within one month of Final Development Plan approval by City CouncIl.
2
') On page 3, add one addlttonal street tree.
3 Pnor to the widenIng of Y oungfield Service Road, a north-south runnIng cross access
easement be obtained across 3230 Youngfield ServIce Road to connect Lot 1,70 West Business
Center Suhdlvlslon PilIng No 4 with Lot 3, 70 West Busmess Center Subdivlston Filing No 2.
4 The follOWIng language be placed on the Pinal Development Plan prior to recordIng: At
such time as the Youngfield Service Road is to be Widened from Its existing WIdth of 34'
flowlIne to flowlIne, the City may impose the follOWIng restnctions upon the current owner(s)
of Lots I and 3, 70 West Business Center SubdIVIsiOn Filing No 4
1. The southwesterly access shall be restricted to a nght-In, nght-out movement for the 25'
cross-access easement, of whIch 13'ft hes withIn Lot 3, 70 West Business Center
SubdiVISIon Piling No.4 and 12' hes withm Lot 3, 70 West Business Center SubdiVIsion
Piling No 2.
2. The northwesterly access drive cut lYIng withIn Lot 1,70 West Business Center
SubdiVISIon Filing No 4, shall be removed and replaced wIth City of Wheat Ridge
standard curb, gutter, and Sidewalk.
There were several nelghbors present at thIS pubhc heanng to speak to these requests Several comments
were related to eXistIng conditIOns such as light intruSIon from the Conoco statIOn on the comer, eXistIng
traffic in the area and noise from 1-70 Concern was also expressed regarding the schedule for fence
constructIOn on the "duplex" lot, the proposed temporary produce and bedding plant sales use and
relocatIOn of the existIng center sign to the west side of Youngfield ServIce Road. Several of the
neIghbors were opposed to the car wash being open 24 hours.
STATEMENT OF THE ISSUES:
The proposed Pinal Development Plan has been deSIgned to antIcipate the potential future WIdenIng of
Youngfield Service Road to accommodate retail development to the north. As such, language was
recommended to be added to the Pinal Development Plan In the form of notes. Staff had ongInally
mcluded two more notes In addition to conditiOns 3 I and 3.2. (above) regardIng the potential expansion
of Y oungfield ServIce Road. Staff feels the following language should be Included In as condItIOns of
approval of the Pinal Development Plan:
Construction of an accel/decel lane across the frontage of Lots 1 and 3, 70 West Business
Center SubdIvision PilIng No.4 shall be required to be constructed by the owner If
Y oungfield Service Road remains in ItS Current alignment. If the Y oungfield Service Road
ahgnment IS altered, the City may elect to construct an additional through lane.
2. SuffiCient area to accommodate the constructIOn of an accel/decel lane, or in the alternative a
through lane, along the westerly side of Lots 1 and 3, 70 West Busmess Center SubdIviSIOn
Fihng No 4 has been set aSide for acqUIsition by the City of Wheat Ridge for right-of-way
AL TERNA TIVES CONSIDERED:
Do not approve elther portIOn of the request.
FINANCIAL IMPACT:
3
A one tIme revIew fee was collected for the processing of this applIcatIon. There should be some sales tax
denved from the proposed carwash, as well as use tax.
RECOMMENDED MOTIONS:
"1 move to approve Council Bill No.03-2005, case number WZ-04-06, a request for approval of an
amended OutlIne Development Plan for property zoned Planned Commercial Development on first
reading for propertIes located at 3230 Youngfield Service Road, 3270 Youngfield ServIce Road, 3291
Youngfield ServIce Road, 3300 Youngfield Service Road, 13001 W. 320d Avenue and 13501 W. 320d
A venue, ordered publIshed, publIc heanng set for March 28, 2005 at 7'00 pm In the City Council
Chambers."
OR
"1 move to table indefinitely CouncIl BIll No 03-2005, case number WZ-04-06, a request for approval of
an amended Outline Development Plan for property zoned Planned CommercIal Development for
properties located at 3230 Youngfield Service Road, 3270 Youngfield Service Road, 3291 Youngfield
Service Road, 3300 Youngfield Service Road, 13001 W. 320d Avenue and 13501 W 320d Avenue"
Report Prepared by" Meredith Reckert (303-235-2848)
ReViewed by' Alan WhIte
Attachments.
1 Planning Commission staff report (without exhibits)
2. Council Bill No 03-2005
4
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO' Planning Commission
CASE MANAGER. M. Reckert
CASE NO. & ]\;AME.
WZ-04-06/MS-04-08
DA TE OF MEETING Feb 3, 2005
ACTION REQUESTED'
Approval of a PCD amendment Outline Development Plan. Final
Development Plan and two-lot resubdivision plat
LOCATION OF REQUEST Northeast comer ofW 32nd Avenue and Youngfield Service Road
APPLICANT/OWNER: 70 WBC. LLC
4505 So. Yosemite, #371
Denver, CO 80237
APPROXIMA TE AREA. ODP (5.22 acres). FDP (2.67 acres), Plat (2.26 acres)
PRESENT ZONING Planned Commercial Development
COMPREHENSIVE PLAN Community Commercial Center
ENTER INTO RECORD:
(X)
(X)
(X)
COMPREHENSIVE PLAN
ZONING ORDINANCE
SUBDIVISION REGULATIONS
(X)
(X)
CASE FILE & PACKET MATERIALS
DIGITAL PRESENT A TION
Location Map
L
P-::-D
pee
s ~
ffi
,.
c-,
All notIficatIOn and posting reqUIrements have been met, therefore, there IS JunsdictlOn to hear
thiS case.
Planning Commission
WZ-04-06 & MS-04-0SnO W Business Center A TT A C H M E NT 1
I. REQUEST
ThIS apphcatlOn IS a three-fold request for vanous properties located In the Seventy West Business
Center Planned CommerCIal Development at the northeast comer of W. 32nd A venue and Y oungfield
ServIce Road. Each request has been separately pubhshed and posted.
Amended Outline Deyelopment Plan (ODP) approval:
3230 Youngfield Service Road (existIng Good Times restaurant)
3270 Youngfield Service Road (proposed car wash)
3291 Youngfield ServIce Road (existmg Country Cafe restaurant)
3300 Y oungfield Service Road (vacant rear parcel)
13001 W 32nd Avenue (vacant entrance parcel)
13501 W 32nd Avenue (duplex lot)
Final Development Plan (FDP) approval:
3270 Youngfield Service Road (proposed car wash)
3291 Youngfield Service Road (existIng Country Cafe restaurant)
13001 W 32nd A venue (vacant entrance parcel)
13501 W 32nd Avenue (vacant duplex parcel)
Two-lot resubdivision (final) plat
3270 Youngfield Road (proposed car wash)
3291 Y oungfield Road (eXisting country Cafe restaurant)
See applIcant's explanation of the requests (Exhibit 1, applIcant letter).
II. CASE HISTORY
The property was onginally annexed Into the City of Wheat Ridge In 1975 Planned CommercIal
Development zonIng was approved for the property at that tIme. In 1984, a Final Development Plan
and plat were approved whIch resulted in the constructIOn of a La Quinta hotel and the Country Cafe
restaurant. A parcel of land directly to the east, adjacent to 1-70, was rezoned pursuant to Case No.
WZ-96-3, as part of the negotiations WIth CDOT to relocate the 1-70 Frontage Road. The road and
sound wall had been completed In 1995 and thiS parcel was vacated and incorporated Into the
development by the 1996 case.
Case No WZ-96-10 was a request for development plan and plat approval on all remaimng
undeveloped, commercial parcels withm the PCD ThIS mcluded the then-vacant Conoco property
directly frontIng on 32nd Avenue. The 1996 applIcation included two alternate buIld-out scenanos for
a mIx of retaIl, fast food and sit-down restaurants, convenience store with gas and office/warehouse.
The plan was approved by Planning CommiSSIOn with a list of condItIons attached (October 3, 1996).
The case was demed by City Council on October 28,1996 The property owner filed suit against the
cIty m Jefferson County dlstnct court.
Planning Commission
WZ-04-06 & MS-04-08/70 W Business Center
2
Subsequent to the demal of Case No WZ-96-10, but prior to the stipulatIOn and settlement of the
dlstnct court case, an applIcatIOn was filed for development plan and plat approval on the southern
portIOn of the sIte Case No WZ-97-13 was approved by CIty CouncIl on January 12, 1998, whIch
allowed for a 3200 square foot gas station/convemence store WIth 880 square foot car wash. The traffic
sIgnal at the IntersectIOn of W 32nd A venue and Y oungfield Service Road was Installed by the City of
Wheat Ridge In 1997
In July of 1998, the Dlstnct Court entered ItS Judgment and Order settIng aSide the City CouncIl's
demal of the FDP and remanded the matter back to the cIty for further proceedIngs. The court
approved the settlement stIpulatIOn In November. In It, the City agreed to review and consider for
approval the Final Development Plan and subdivision replat, as well as a list of negotiated land uses.
Attached as ExhIbit B IS the FDP approved by City Council on March 15, 1999 (ExhIbit 2,
Development Plan) The Good Times restaurant was built 1999.
The city has accepted an annexatIOn petItIon for 198 acres of property dIrectly to the north of the
subject property Second readIng for the annexation is scheduled for City CouncIl publIc heanng on
February 28, 2005 Zoning of the property to accommodate a retaIl development wIll occur later If
the development plan IS approved, Y oungfield Service Road would be continued north between the La
QUInta hotel and the rear parcel of 70 West BUSIness Center Y oungfield Service Road would be
Widened to accommodate traffic generated by the new development.
III. NEIGHBORHOOD MEETING PROCESS
A meetIng for neIghborhood Input was held on July 31, 2003 (Exhibit 3, Neighborhood Meeting
Recap and ExhIbit 4, Attendance LIst)
On July 1,2004, an additional neighborhood meetIng was held WIth facilitation through the Jefferson
County MedIation Services. (Exhibit 5, Neighborhood Meetmg Recap, Exhibit 6, Meetmg Notes and
ExhIbit 7, Attendance List)
IV. OUTLINE DEVELOPMENT PLAN
The OutlIne Development Plan typically will rezone a property and set allowable uses and
development standards. It IS general in nature and serves as a basic blueprint for development of the
property In thIS case, the applicant is requesting outlIne development approval to add permitted uses
and to establIsh development parameters for 3270 Youngfield Service Road (carwash lot), 3291
Y oungfield Service Road (Country Cafe lot) and 3300 Y oungfield ServIce Road (rear lot).
The eXlstmg OutlIne Development Plan has been amended to add the permitted uses as denoted by
astensks (*) on page 2 of the ODP (Exhibit 8, OutlIne Development Plan) The uses proposed are
generally consIstent With those permitted in the C-l zoning dlstnct.
Area C (13000 W. 320d Avenue) has been amended to allow the following use: monument/dIrectIOnal
sign. This would accommodate the relocated monument sign from the east side of the service road on
the Conoco sIte.
Planning Commission
WZ-04-06 & MS-04-08f70 W Business Center
3
Area D (3230,3270 and 3291 Youngfield Service Road) has been amended to allow the following
additIOnal uses: laundry and dry cleaning shops, drug stores, furniture stores, hardware stores, home
furnishing stores, automatic carwashes, com operated car washes, ammal vet hospitals, caterers,
appliance sales and repair, temporary Christmas tree, produce and beddmg plants sales.
Area E (3300 Youngfield Service Road) has been amended to allow the following additional uses:
intenor decorating shops, laundry and dry c1eamng shops, furniture stores, hardware stores, home
furnishmg stores, hotels and motels mc1udmg extended stay factlitJes, Sit down restaurants, ammal vet
hospitals, applIance sales and serVIce, caterers, drug stores, dnve-through restaurants, grocery stores
with gasoline pump islands, temporary Chnstmas tree, produce and bedding plants sales.
The outline development plan is also used to establIsh desIgn parameters includmg maxImum budding
heIght, minimum landscaped coverage and mmimum perimeter setbacks With a few exceptIOns. The
eXisting zoning and development code reqUIres commercial properties to have 20% landscaped
coverage. The applicant is requesting a minimum of 10% landscaped coverage. Setbacks from the
street have been set to encourage neo-tradltlOnal desIgn WIth a minimum setback of 15' This would
also accommodate widening of Y oungfield Service Road beyond the current width. The ODP refers
back to the Code of Laws for all other standards such as fencing, parking, signage and architectural
desIgn.
A notatIOn has been added which would allow admimstratlve approval of site design for Lot 2, Block
1 (3300 Y oungfield ServIce Road) and redevelopment of the Country Cafe lot at a future date
All requIrements for a Planned Commercial Development Outline Development Plan have been met.
ZONE CHANGE CRITERIA
Staff has the follOWing comments regarding the cnteria used to evaluate a change in zone or a change
in zoning condItions, such as adding perrnltted uses
I That the existing zone classification currently recorded on the official zoning maps of the
City of Wheat Ridge is an error.
The official zoning map is not In error. The parcel is currently zoned Planned Commercial
Development.
2. That a change in character in the area has occurred due to installation of public facilities,
other zone changes, new growth trends, deterioration, or development transitions, and that the
evidence supports the finding of the following.
ThIS is an area which continues to develop commercially. The property was originally annexed
and zoned PCD In 1975 The property IS abutted on the east by 1-70 whIch carries increaSingly
more traffic each year. 1995 traffic counts indicate that 77,000 vehIcles per day travel on 1-70.
A more recent CDOT count perforrned in 2001 indIcated that the vehIcle tnps per day have
mcreased to over 81,000.
Planning Commission
WZ-04-06 & MS-04-08170 w Business Center
4
3. That the change of zone is in conformance, or will bring the property into conformance,
with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other
related policies, and other related policies or plans for the area.
The ComprehensIve Plan desIgnates the property as CommunIty Commercial Center.
CommunIty CommerCIal Center IS defined as non-reSIdentIal uses located In close proxImity to
regIOnally sigmficant road\\ays, 1-70 and Wadsworth Boulevard, that serve the communIty and
the travelIng public. DesIrable uses mclude lodging and meeting facihties, gas stations,
restaurants, destination retaIl and entertaInment complexes. Uses should generate sales tax
revenues.
4. That the proposed change of zone is compatible with the surrounding area and there will
be minimal adverse impacts considering the benefits to be derived.
The propertIes directly to the west and southwest are in unIncorporated Jefferson County and
are zoned reSIdentially. The subject property is part of a busIness development that was
origInally annexed and zoned in 1975. The mtersectlOn of Youngfield and W. 32nd Avenue
contaInS heavy regIOnal and local traffic The amount of traffic generated by a carwash wIll be
mInImal compared to eXisting conditIOns. The CIty of Wheat RIdge constructed a 10' high
sohd wall on the east side of Y oungfield Service Road m 1995 to minImize Impacts to the
neighborhood.
5. That there will be social, recreational, physical and/or economic benefits to the
community derived by the change of zone.
There WIll be some economIc benefit by a carwash as there IS some tax collected. The
proposed constructlOn wlll bring an economIC benefit to the community m the form of
Increased property taxes and an mcrease m commercial services.
6. That adequate infrastructure/facilities are available to serve the type of uses allowed by
the change of zone, or that the applicant will upgrade and provide such where they do not exist
or are under capacity.
All responding agencIes have indIcated that they can serve the property Any additIOnal
upgrades to Infrastructure Will be at the cost of the applicant.
7. That the change of zone will not adversely affect public health, safety or welfare by
creating excessive traffic congestion, creating drainage problems, or seriously reducing light and
air to the adjacent properties.
The added uses should not adversely impact the public health, safety and welfare of adJ3cent
properties. There are already a hotel, a SIt-down restaurant, a fast food restaurant and a gas
statIOn within the development. The submitted traffic study states that the site will generate 33
trips duong afternoon peak hours, and that the existing roadway system can accommodate the
increase in traffic WIthout a decrease In the level of service. The PublIc Works Department has
approved a draInage study and draInage plan for the carwash. Staff was somewhat concerned
about the affects of havmg a 24-hour faCIlity on the adpcent neIghborhoods The 24-hour
carwash use was agreed to by the neighborhood duong the neIghborhood meetmg process.
Planning Commission
WZ-04-06 & MS-04-08/70 W Business Center
5
8. That the change of zone will not create an isolated or spot zone district unrelated to
adjacent or nearby areas.
Spot zomng IS not a concern as the property IS already zoned PCD ThIS wIll not change.
v. FINAL DEVELOPMENT PLAN
Where the OutlIne Development Plan sets all of the development standards and allowable uses for the
property, the Final Development Plan addresses development of the property for a specific use
(Exhibit 9, Proposed Final Development Plan) In this instance, the Final Development Plan addresses
3270 Youngfield Service Road (proposed car wash), 3291 Youngfield ServIce Road (Country Cafe
lot) 13001 W 320d Avenue (vacant entrance parcel) and 13501 W 320d Avenue (vacant duplex
parcel)
3291 Youngfield Service Road (Country Cafe lot): No changes are proposed to this lot except for
the Joint access with the car wash property to Y oungfield Service Road. If and when the servIce road
is expanded beyond ItS eXIsting width, this access wIll be eliminated. ThIS provisIOn has been added
as a conditIon of approval for the FDP.
13001 W. 320d A venue (entrance lot): No changes are proposed for this lot except for the relocation
of an eXisting monument sign from the east SIde of Y oungfield SerVIce Road on the existIng Conoco
site.
13501 W. 320d Avenue (duplex lot): No changes are proposed for thIS lot except for the plantIng of a
landscaped buffer upon relocatIOn of the sIgn mentIOned above. The 10' high fence along the northern
boundary of this lot must be constructed wlthm one month of final FDP approval ThIS proVISIOn has
been added as a conditIOn of approval for the FDP
3270 Youngfield Service Road is being proposed to be developed as a 24-hour carwash There will
be two automatic bays and four self service bays. Access wIll be via a common curb cut to the south
between this site and the Conoco station site and by the addItIOnal Joint curb cut on Lot I. The
following IS a table companng the standards establIshed by the Outline Plan and those provided on the
Final Plan.
Item Required by ODP Provided by FDP
Buildine Square Footal!:e Maximum of 29,000 s.f. 4567 s.f
Buildinl!: hei2ht 50' 22'
Setbacks
North 5' 75'
East 10' 14'
South 5' 65'
West IS' 53'
Architecture Per Streetscave Manual Complies
Parkin2 Per Section 26-501 Complies
Landscaping 10% of sIte (3727 s.f.) 31.8 % (11857 s.f.)
Planning Commission
WZ-Q4-06 & MS-Q4-08170 W Business Center
6
Per Article VII
Per SectIOn 26-603
Com lies
N/A
The bUIldIng facades are shown on page 4 of the plan set. The applIcant IS propOSIng brown and tan
bnck facades wllh a forest green standing seam metal roof
The bUIldIng has been positIOned so that If the retaIl development to the north occurs, there IS adequate
room for the WIdening of Y oungfield ServICe Road. There are currently no pubhc Improvements
along the frontages of Lots 1 and 3 At the tIme of widenmg, the proposed northern Jomt access to the
service road will be closed and public improvements will be mstalled along the frontages of Lots 1 and
3. Public Works IS requInng an escrow for the public Improvements to be Installed by the developer
If the project to the north does not occur Public Works has also requested language be added to the
FDP to ensure accommodation of the widening of Y oungfield Service Road and cIrculatIOn through
the development from the southern jomt access to Y oungfield Service Road, across Lot 2 (Good
Times property), contmuing north across the Country Cafe lot (see condllions 3 and 4 of FDP motion)
All requirements for a Planned Commercial Development Final Development Plan have been met.
VI. FINAL PLA T
The applicant IS requesting approval of a two-lot subdiVISIOn plat to reorient the existIng lot line
between Lots 1 (Country Cafe lot) and 3 (carwash lot) Attached is a copy of the existmg lot
configuratIon (Exhibit 10. EXisting Plat) The eXistIng lot configuratIOn IS modIfied by transfer of the
north portion of Lot 3 (around 18,000 square feet) to Lot 1 (Exhibit 11, Proposed Replat).
The plat establIshes typIcal utility easements around the pen meter and along the mterior lot lines. A
cross access easement IS proVided on the Y oungfield Service Road frontage on Lot I to allow a joint
access WIth Lot 3. Staff had requested that our standard blanket cross-easement language be added so
that there would be free movement through all interior dnve aisles and parkIng areas. The developer
has elected not to do thIS. At a mmimum, specific cross access easements must be delineated along
the common boundanes of Lots 1 and 3 WIth Lot 2, Block 1 of the 70 West Center SubdiVision, Filing
No 3
No addlllOnal right-of-way is reqUIred at this tIme. However, If the retail area to the north develops,
additional nght-of-way will be needed to accommodate the widening of Y oungfield Service Road.
Staff feels note No. 2.4 on the FDP IS suffiCIent to ensure this happens.
All regulations and standards of Article IV of the Code of Laws have been met.
VII. AGENCY REFERRALS
All service agencies are currently serving the other structures Within the 70 West Business Center.
The developer will be responsible for any needed upgrades to accommodate the carwash development.
VIII. STAFF CONCLUSION AND RECOMMENDED MOTIONS
Planning Commission
WZ-04-06 & MS-04-08!70 W Business Center
7
There are three requests, and each will require a separate motion.
OUTLINE DEVELOPMENT PLAN
Staff concludes that the proposed zone change IS consIstent with uses In the C-1 zone dlstnct and that
the development standards will accommodate the widenIng of Y oungfield Service Road beyond ItS
current wIdth. Staff further concludes that all reqUIrements for a Planned Commercial Development
Outline Development Plan have been met and therefore, recommends approval of the Outline
Development Plan document.
Option A:
"I move to recommend APPRO V AL of Case No WZ-04-06, a request for approval of an amended
Outline Development Plan for property located at 3230 Y oungfield ServIce Road, 3270 Y oungfield
ServIce Road, 3291 Youngfield ServIce Road, 3300 Youngfield Service Road andI3001 W 320d
A venue for the follOWIng reasons
1. The proposed amendment IS consIstent WIth uses In the C-1 zone dlstnct.
2. The proposed development standards wIll accommodate the WIdening of Y oungfield Service
Road beyond Its current WIdth
3 All requirements for an OutlIne Development Plan have been met. "
OptIOn B:
"} move to recommend DENIAL of Case No WZ-04-06, a request for approval of an amended
Outl1Oe Development Plan for property located at 3230 Y oungfield ServIce Road, 3270 Y oungfield
ServIce Road, 3291 Youngfield ServIce Road, 3300 Youngfield ServIce Road and 13001 W 320d
A venue for the following reasons.
1
2.
3"
FINAL DEVELOPMENT PLAN
Staff concludes that the proposed carwash WIll have mInimal impact 10 hght of the existing
commercial uses already In the development. Staff further concludes that the FDP is conSIstent WIth
the standards established In the ODP and that adequate provIsions are made for accommodation of
future WIdening of Y oungfield Service Road. Because all requirements for a Final Development Plan
have been met, a recommendation of approval with conditions IS gIven (conditIOns outlined In the
motIon).
OptIOn A"
"} move to recommend APPROVAL of Case No. WZ-04-06, a request for approval of a final
Development Plan for property located at 3270 Youngfield Service Road, 3291 Youngfield Service
Road, 13001 W. 320d Avenue and 13501 W. 320d Avenue forthe following reasons:
Planning Commission
WZ-Q4-06 & MS-Q4-08nO W Business Center
8
The proposed carwash will have mInImal Impact In lIght of the eXIsting commercial already In
the development.
2. The Final Development Plan IS consistent with the standards set forth m the approved OutlIne
Development Plan for the sIte
3 Adequate provisions are made for accommodatIOn of future widenIng of Y oungfield Sen']ce
Road.
With the folloWIng conditIons
The 10' high fence on the northern boundary of Lot 3, Block 2 (duplex lot) must be
constructed withm one month of final FDP approval by City Council
2 On page 3, add one additional street tree.
3 Pnor to the wIdenIng of Y oungfield ServIce Road, a north-south runnmg cross access easement
be obtaIned across 3230 Youngfield Service Road to connect Lot 1, 70 West Busmess Center
Subd1\iJsion FilIng No 4 WIth Lot 3, 70 West BUSIness Center SubdiVISion FilIng No 2
4. The follOWIng language be placed on the Final Development Plan prior to recordIng: At
such time as the YOlmgfield Service Road is to be widened from its existing width of 34' FL-FL.. the
Cirv may impose the following restrictions upon the current owner(s} of Lots 1 and 3, 70 West
Business Center Subdivision Filing No 4
I The southwesterly access shall be restricted to a right-in, right-out movementfor the 25' cross-
access easement, of which 13 ft lies within Lot 3, 70 West Business Center Subdivision Filing
No.4 and] 2' lies within Lot 3, 70 West Business Center Subdivision Filing No 2.
2. The northwesterly access drive cut lying within Lot 1, 70 West Business Center Subdivision
Filing No 4, shall be removed and replaced with City of Wheat Ridge standard curb, gutter,
and sidewalk.
3 The City of Wheat Ridge may design and construct additional travel lanes and/or an
acceleration/deceleration lane across the frontage of Lots 1 and 3, 70 West Business
Center Subdivision Filing No 4.
4. Sufficient area to accommodate the constnKtion of the additionallane(s) along the
westerly SIde of Lots 1 and 3, 70 West Business Center SubdiviSIOn FIling No 4 shall
be acquired and/or dedicated to the CIty of Wheat Ridge as Right-of- Way
OptIOn B
"I move to recommend DENIAL of Case No WZ-04-06, a request for approval of a Final
Development Plan for property located at 3270 Youngfield Service Road, 3291 Youngfield
Service Road, 13001 W 32nd Avenue and 13501 W 32nd Avenue for the following reasons.
1 The property owner does not agree to the condlt10ns of approval as recommended by staff
')
3"
FINAL PLAT
Staff concludes that the Final Plat is consistent With the regulatIons and standards of Article IV of
the Code of Laws WIth conditions regarding cross-access as numerated In the recommended
motIon. Staff recommends approval of the resubdlvislOn plat with the condition that either a
blanket access easement be required or a specific access easement be delineated along the common
boundanes of Lots 1 and 3 With Lot 2, Block 1 of the 70 West Center Subdivision, Filing No 3
Planning Commission
WZ-04-06 & MS-04-0SnO W Business Center
9
OPTION A:
"I move to APPROVE Case No MS-04-08, a request for a two lot resubdivlslon plat for property
located at 3270 Y oungfield Road and 3291 Y oungfield Road for the folloWIng reasons:
1. All regulations and standards of ArtIcle IV of the Code of Laws have been met.
With the follOWIng condItIOn'
1 Either a blanket cross access easement be required or Cross access easements be delineated along
the common boundaries of Lots 1 and 3 wIth Lot 2, Block 1 of the 70 West Center Subdivision, Filmg
No 3,"
OPTION B.
"I move to DENY Case No MS-04-08, a request for a two lot resubdlvislOn plat for property located
at 3270 Youngfield Road and 3291 Youngfield Road for the follOWIng reasons'
1
2.
3"
Planning Commission
WZ-04-06 & MS-04-0SnO W Business Center
10
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 03-2005
Ordinance No.
Series of 2005
TITLE:
AN ORDINANCE PROVIDING FOR THE APPROVAL OF AN
AMENDED OUTLINE DEVELOPMENT PLAN FOR PROPERTY
ZONED PLANNED COMMERCIAL DEVELOPMENT LOCATED AT
3230 YOUNGFIELD SERVICE ROAD, 3270 YOUNG FIELD SERVICE
ROAD, 3291 YOUNGFIELD SERVICE ROAD, 3300 YOUNGFIELD
SERVICE ROAD, 13001 W. 320d A VENUE AND 13501 W. 320d A VENUE,
CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF
COLORADO
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO THAT
Section 1. Upon applicatIOn by 70 WBC, LLC, approval of an amended Outline
Development Plan for property zoned Planned Commercial Development located at 3230
Youngfield ServIce Road, 3270 Youngfield Service Road, 3291 Youngfield Service Road, 3300
Youngfield ServIce Road, 13001 W 32nd Avenue and 13501 W. 32nd Avenue and based on a
recommendation of approval from the Wheat Ridge Planning Commission and pursuant to the
findings made based on testimony and eVidence presented at a publIc hearing before the Wheat
Ridge City Council, an amended Outline Development IS approved for the followmg described
land.
AREA C
LOT 2, BLOCK 2, 70 WEST BUSINESS CENTER SUBDIVISION FILING NO.3
A parcel of land located m the NW one-quarter of Section 29, TownshIp 3 South, Range
69 West of the 6th PrinCIpal Mendian in the City of Wheat Ridge, Jefferson County,
Colorado, more particularly described as follows.
Commencmg at the SW comer of said NW one-quarter;
Thence N89029' I6"E along the south line of said NW one-quarter, 559.67 feet;
Thence No030' 44"W, 40 00 feet to the Point of Beginnmg in the north right-of-way line
of 32nd A venue;
Thence Nl 001 '26"W, 123.92 feet;
Thence N88058'34"E, 50 11 feet to a non-tangent, 190.00-foot radiUS curve in the east
nght-of-way Ime of Y oungfield Service Road;
Thence along Said east Ime through the following three courses:
I) Southerly along said 190 OO-foot radIUS curve (from which the center bears
S65028'34"W) through a central angle of 23030'00", a distance of 77 93 feet;
2) SIOOl'26"E,27 08 feet,
3) S46051' 15"W, 31.99 feet to SaId north Ime;
Thence S89029'16"W along said north line, 42.14 feet to the Point of Begmnmg.
1
ATTACHMENT 2
Containing 7,534 square feet, more or less.
AREA D
Lots 1,2, and 3, Block 1,70 West BUSIness Center SubdIVISIOn FilIng No 3 as platted in
the records of Jefferson County, Colorado. Said parcel of land IS located in the NW one-
quarter of SectIOn 29, TownshIp 3 South, Range 69 West of the 6th Pnnclpal Mendlan In
the CIty of Wheat Ridge, Jefferson County, Colorado, more partIcularly descnbed as
follows.
CommencIng at the SW comer of said NW one-quarter;
Thence N89029' 16"E along the south lIne of saId NW one-quarter, 632.77 feet;
Thence No030'44"W, 248.33 feet to the POInt of BegInnIng at the SW comer of SaId Lot
3;
Thence along the east lIne of Y oungfield Service Road through the following three
courses:
1) N 1 001 '26"W, 271.39 feet to a tangent, 85 OO-foot radius curve;
2) Northeasterly along said 85 OO-foot radIUS curve concave southeasterly through a
central angle of 90026' 12", a distance of 134.17 feet;
3) N89024'46"E, 270.84 feet;
Thence No035' 14"W, 25.50 feet;
Thence N89024' 46"E, 25 00 feet to the west line of Interstate 70,
Thence S6016'46"E along said west lIne, 385.74 feet to the south lIne of SaId Lot 2,
Thence S89029' 16"W along the south lines of SaId Lots 2 and 3, a dIstance of 332.65 feet
to the POInt of BeginnIng.
ContaInIng 126,039 square feet, or 2.89 acres, more or less.
AREA E
A portIOn of Lot 1, Block 2, 70 West BUSIness Center Subdl VIsion Filing No 3 as platted
in the records of Jefferson County, Colorado. SaId parcel of land IS located In the NW
one-quarter of Section 29, Township 3 South, Range 69 West of the 6th Pnncipal
Meridian in the City of Wheat RIdge, Jefferson County, Colorado, more particularly
described as follows'
CommencIng at the SW comer of said NW one-quarter;
Thence N89029' 16"E along the south lIne of said NW one-quarter, 584.99 feet;
Thence NI 001 '26"W, 526.37 feet to the POInt of BeginnIng at the SE comer of said Lot;
Thence continuing NI 001 '26"W, 266.10 feet;
Thence S89025'46"W, 327.88 feet to the west line of said Lot,
Thence No024' I4"W along SaId west line, 204.60 feet to the north line of saId Lot;
Thence N89024' 46"E along said north line, 390 89 feet to the east line of said Lot;
Thence along the east lIne of said Lot through the following two courses:
1) 50044' 14"E, 293.51 feet to a non-tangent, 175.00-foot radius curve;
2) Southeasterly along said 175 OO-foot radius curve (from which the center bears
N54005'09"E), concave northeasterly through a central angle of 25024'36", a distance of
2
77 61 feet to a non-tangent, 125 DO-foot radIUs curve in the west nght-of-way lIne of
Y oungfield Service Road.
Thence southwesterly along said 125 OO-foot radius curve (from which the center bears
S3030'24"E), concave southeasterly through a central angle of 87003'32", a distance of
18993 feet to the POInt of BegInning.
ContaInIng 93,844 square feet, or 2 15 acres, more or Jess.
Section 2. Vested Property RIghts. Approval of thiS outline development plan does
not create a vested property nght. Vested property nghts may only anse and accrue pursuant to
the proviSIOns of Section 26-121 of the Code of Laws of the City of Wheat RIdge.
Section 3. Safety Clause. The City of Wheat Ridge hereby finds, deterrnines, and
declares that thIS ordInance IS promulgated under the general polIce power of the City of Wheat
RIdge, that it is promulgated for the health, safety, and welfare of the publIc and that this
ordinance IS necessary for the preservation of health and safety and for the protectIOn of public
convemence and welfare The City CouncIl further determInes that the ordInance bears a
ratIOnal relatIOn to the proper legislative object sought to be attaIned.
Section 4. SeverabIlltv. 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 Junsdlctlon invalid, such judgment shall not affect application to other
persons or cIrcumstances
Section 5. 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 6 .
This Ordinance shall tak.e effect 15 days after final publication.
INTRODUCED, READ, AND ADOPTED on first readIng by a vote of to
on this 28th day of February, 2005, ordered publIshed in full in a newspaper of general
CIrculation In the City of Wheat RIdge and Public Heanng and consideratIOn on final passage set
for March 28, 2005, 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 ,2005.
SIGNED by the Mayor on thIS
day of
,2005.
GRETCHEN CERVENY, MAYOR
3
A TIEST
Pamela Y Anderson, CIty Clerk
APPROVED AS TO FORM BY CITY A TIORNEY
GERAL DAHL, CITY A TIORNEY
151 publication
2nd publIcatIOn
Wheat Ridge Transcnpt
Effective Date
4
ITEM NO: ~ ,
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
February 28,2005
TITLE:
BOARD AND COMMISSION APPOINTMENTS
o PUBLIC HEARING
[8J BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date. _)
o ORDINANCES FOR 2ND READING
QuasI-JudicIal
o
Yes
[g]
No
~'w~
ity Cler
City~~rt
EXECUTIVE SUMMARY:
The Board and CommissIOn vacancies were advertised III the Wheat Ridge Transcript, Channel 8,
and the City's WebsIte. Current members were contacted by mall and asked if they wanted to serve
another term. Applications were received and compiled by the Clerk's Office and City Council held a
reception for the applicants on February 14,2005.
COMMISSION/BOARD RECOMMENDATION:
None
ST A TEMENT OF THE ISSUES:
If appomtments are not made, the vacancies will remain. ThIS could impact the abIlity of a board or
commISSIOn to conduct business If a quorum IS unable to be held.
ALTERNATIVES CONSIDERED:
None.
FINANCIAL IMPACT:
None
RECOMMENDED MOTION:
"I move to appoint. to the. Board/Commission: tenn to expire March 2, " (see attachment I)
Report Prepared by' Janice Smothers (303) 235-2815
RevIewed by" Pam Anderson, City Clerk (303) 235-2823
Attachments:
I Detailed appointments by posItion and dIstrict.
cc
Request for City Council Action-report fonn
BOARD AND COMMISSION APPOINTMENT BY DISTRICT
DISTRICT I
I move to appoint:
to the Animal Welfare and Control Commission, term ending 3/2/07.
to the Board of Adjustment, term ending 3/2/06
to the Planning Commission, term ending 3/2/06.
to the Cultural Commission, term ending 3/2/08.
DISTRICT II
I move to appoint:
to the Board of Adjustment, term ending 3/2/08
to the Cultural Commission, term ending 3/2/08
to the Wheat Ridge Foundation, term ending 3/2/08
to the Parks & Recreation Commission, term ending 3/2/08
to the Planning Commission, term ending 3/2/08
to the Building Code Advisory Board, term ending 3/2/07
to the Building Code Advisory Board, term ending 3/2/08
~TTACHMENT 1
DISTRICT III
I move to appoint:
DISTRICT I V
I move to appoint:
to the Animal Board, term ending 3/2/08.
to the Animal Board, term ending 3/2/08
to the Board of Adjustment, term ending 3/2/08
to the Cultural Commission, term ending 3/2/08.
to the Parks & Recreation, term ending 3/2/08
to the Board of Adjustment, term ending 3/2/06.
to the Board of Adjustment, term ending 3/2/08
to the Cultural Commission, term ending 3/2/08
to the Cultural Commission, term ending 3/2/06
to the Wheat Ridge Foundation, term ending 3/2/08.
to the Wheat Ridge Foundation, term ending 3/2/08
to the Parks & Recreation Commission, term ending 3/2/08
to the Parks & Recreation Commission, term ending 3/2/08.
to the Planning Commission, term ending 3/2/08
City of Wheat Ridge
Office of the City Council
Memorandum
("I
~_~r)
TO: Mayor & City Council
FROM. Pam Anderson, City Cler
DATE. February 23,2005
SUBJECT: Councilor request
Councilor DiTullio requested that the attached letter be included in the agenda packet for the
February 28, 2005 Regular City Council meeting.
, ,~ t ,( "- h
n <2 J ';:~ ,;
_ ;); c: 'c1;~ (; (;: r .;
February 7, 2005
Honorable Mayor and City CouncIl
City of Wheat Ridge
7500 W 29th Avenue
Wheat Ridge, CO 80033
Dear Mayor and CIty CouncIl
The nommatmg commIttee of the 38th Avenue Busmess Dlstnct re-nommated Kent
Davis, and nominated Roberta RIvera to be voted m at the membershIp meetmg
scheduled for March 11, 2005
It IS our understandmg that Jerry DiTullio's term IS expiring. Jerry has been very valuable
and helpful to the 38th Avenue Busmess Dlstnct. His mtimate knowledge ofthe many
Issues that we have to deal With, hIs computer skIlls, and hIs servmg often as a chairman
on the ApplIcations Reviev. Committee, have helped us to move forward.
We would like to see Jerry reappomted to the 38th Avenue Busmess Dlstnct, espeCIally
smce Vance Edwards is no longer gomg to be on the team.
Smcerely,
~ ;{4P
Eugene Klefel
Actmg Chairman
EK!
'r
BOARD AND COMMISSION APPOINTMENT BY DISTRICT
DISTRICT I
<' ~,~
'\)\ \ t I move to appoint:
X ~~~g, #e.JdeYI
,~
X
lA )()111>>.tL.
DISTRICT II
I move to appoint:
.~
Gf
c.x (<O/wd' ~tl.W
~ lffiUJ
to the Animal Welfare and Control Commission, term ending 3/2/07.
to the Board of Adjustment, term ending 3/2/06
to the Planning Commission, term ending 3/2/06.
to the Cultural Commission, term ending 3/2/08.
s~~L (.(j 12-oto-& + Gt~) r,U
to the Board of Adjustment, term ending 3/2/08.
to the Cultural Commission, term ending 3/2/08
\'
to the Wheat Ridge Foundation, term ending 3/2/08
to the Parks & Recreation Commission, term ending 3/2/08.
to the Planning Commission, term ending 3/2/08
to the Building Code Advisory Board, term ending 3/2/07
to the Building Code Advisory Board, term ending 3/2/08
()~I
'if --[) .
,
DISTRICT II I
w~ r move to appoint
~ ~OUUJL -1 UNtU/
J ~?
.hhornfUl. ~
.J~n
Sl~
~ DISTRICT I V
~~
\ j I move to appoint:
])(l~t'~1HL
~ 1J
to the Animal Board, term ending 3/2/08
to the Animal Board, term ending 3/2/08
to the Board of Adjustment, term ending 3/2/08.
to the Cultural Commission, term ending 3/2/08
to the Parks & Recreation, term ending 3/2/08
Sf1r~ /
f~O,
to the Board of Adjustment, term ending 3/2/06.
to the Board of Adjustment, term ending 3/2/08
to the Cultural Commission, term ending 3/2/08
to the Cultural Commission, term ending 3/2/06
( ,
(~tL- to the Wheat Ridge Foundation, term ending 3/2/08
-x
,i~<fVW1 Wood
to the Wheat Ridge Foundation, term ending 3/2/08
to the Parks & Recreation Commission, term ending 3/2/08
to the Parks & Recreation Commission, term ending 3/2/08
CfYullu.:tv to the Planning Commission, term ending 3/2/08
Sc~,
p~.
CITY OF WHEAT RIDGE
PUBLIC BEARING ROSTER
AGENDA ITEM NO.2.
PUBLIC BEARING BEFORE THE WHEAT RIDGE CI"l"Y COUNCIL
CASE NO. WPA-OS-Ol
COUliCIL BILL NO.
TITLE:
RESOLUTION 13-2005 A RESOLUTION ADOPTING AMENDMENTS
TO THE CITY OF WHEAT RIDGE COMPREHENSIVE PLAN
(Case No. WPA-05-01)
YOUR NAME MID ADDRESS
"",or,,, f<
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CHECK
IN FAVOR OPPOSED
~'cA~~
(C V1/'/"~~
{J (}-H.< .W
WM /ntiiA I
u~fs
IF YOU REED MORE ROOM PLEASE SIGN ON BACK OF PAGEl
CITIZENS' RIGHT TO SPEAK
DATE: February 28, 2005
ANY PERSON MAY SPEAK ON MATTERS 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, AN1)TOHCOF COMMENT.
NAME ADDRESS TOPIC
f{'~.. '"~.;"';;~",.. L"> " .In f ' ;,-] ~<-; 5 ~lj (e ;r,-!e'r D.\--. n--Ir () <.: h l /', cu -L
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--.
Ci V7
',-
GENERAL AGENDA ITEM COMMENT ROSTER
DATE: February 28, 2005
ANY PERSON MAY SPEAK CONCERNING EACH SUCH PERSON MUST
SIGN THIS ROSTER, STATING NAME, ADDRESS, AND AGENDA ITEM NUMBER.
THOSE PERSONS WHO.~H TO SPEAK IN FAVOR OF, OR IN OPPOSITION TO~ A
PUBLIC HEARING,~ST SIGN THE APPLICABLE PUBLIC HEARING ROSTER.
-
/
./
NAME
ADDRESS
-\"'
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"
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AGENDA ITEM NO.
APPLEWOOD PROPERTY OWNERS ASSOCIATION
. Protection of Clear Creek's water quality and the hydrologIc regime are not adequately
addressed by the suggested stormwater management measures.
. The EA faded to address aIr pollution. noise pollutIon, light pollutlOn, and other public
health and safety Issues.
· The conclusion that there are no cumulative effects from the project IS unsupported and
erroneous.
In light of the above-noted defiCIenCies. we strongly believe that the environmental
consequences of the proposed development have been underestImated. Possible mltigatlOn
requirements and the cost and lIming of such remedies are unknown; therefore, it is premature to
adopt the schedule for development in the annexatIOn agreement.
Finally, the APOA includes residents hVIng Immediately adjacent to the south boundary of the
proposed development site. ConstructlOn actIvity regulated by the SpeCIal Use Permit (Case No
SUP-OS-OJ) to be considered by CIty Council on February 28, 2005, would heavily impact these
residents. The APOA strongly beheves the Special Use Permit should contaIn provIsions to
mitigate adverse impacts to adjacent property owners. Specifically, the permit should address.
. Dust control;
. Routes to be used by contractors when mOVIng trucks and excavation equipment Into and
out of the project area,
. Hours of operatIon of heavy eqUIpment;
. NOIse abatement. particularly volume and frequency of backup sIgnals;
. ProhibitIOn of the use of explosives,
. Momtonng of permit comphance by city oftic13ls;
. Procedures for homeowners to report violations or excessIve disturbance, and
. A detailed map based on high order surveying which shows the exact location of the
proposed lake excavation WIth respect to lot lines, houses, and propcrty boundaries in
adjacent subdiVisions.
The APOA looks forward to responsivcness by the CIty of Wheat Ridge and development
contractors regarding concerns of residents potentially affected by the proposed development on
lands being considered for annexation. We trust that the city acknowledges Its responsibility to
conduct its affaIrs In a manner that protects and preserves the quahty of life enjoyed by Wheat
Ridge and neighboring communitIes.
Sincerely,
Gft/tL-
I ,
, I
,Jack Hoopes
\_, President
@~LnJ @@QD~@~[s ~~[m(illu~@
CITY OF WHEAT RIDGE, COLORADO
Februarv 28, 2005
Mayor Cerveny called the Regular CjY Council Me~g to orde':)t 7 00 P m }douncilmem9Jifs
present: K~ Adam( KarejYBerry, Jerry DiTullio, Dean Gokey, Lena Rotola, 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 Februarv 14, 2005
Motion by Mr DiTullio for the approval of the Minutes of February 14, 2005, seconded byc;,..1MA_
carried 8 -0 . -~ -. CT
PROCLAMATIONS AND CEREMONIES
Mayor Cerveny read Proclamation in Honor of Marissa Kuhl and presented her with a
gift certificate
CITIZENS' RIGHT TO SPEAK
~~ vV( ~ 0f-y ~ Lv.-~
~~
~ L1MhA~.
CITY COUNCIL MINUTES February 28, 2005
Page -2-
APPROVAL OF AGENDA
Item 1.
Consent Agenda:
A. Award ITB-05-5 2005 Concrete Rehab Project.
B Approve Utilities Undergrounding and Pedestrian Lighting Installation
@ for the Kipling Street Pedestrian Improvement Project.
C RESOLUTION 12-2005 A RESOLUTION IN SUPPORT OF THE
,_ rJ".. ( GREAT OUTDOOR COLORADO GRANT APPLICATION FOR
~1MAf FUNDS TO RECONSTRUCT THE STEVENS ELEMENTARY
--..../,ft"j) SCHOOL PLAYGROUND
r~ @ RESOLUTION 11-2005 A RESOLUTION SUPPORTING THE
CREATION OF THE ROCKY FLATS COLD WAR MUSEUM
Consent Agenda was introduced and read by Mr3 Rotola ~
I~ 14-+ (B.
Motion by Mr€. Rotola for the approval of the Consent Agenda as printed, seconded by
~ carried 6 /'0.
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CITY COUNCIL MINUTES February 28,2005
Page -3-
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2. RESOLUTION 13-2005 A RESOLUTION ADOPTING AMENDMENTS
TO THE CITY OF WHEAT RIDGE COMPREHENSIVE PLAN
(Case No WPA-05-01) C. _ Ovdc~ ~ 13
Resolution 13-2005 was introduced by M ~. .:>t1 f-eg.
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CITY COUNCIL MINUTES February 28, 2005 Page -4-
~ ~ C~ CltF)
- l\MtllM ~is Aut- -in l~ UD q~
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CITY COUNCIL MINUTES February 28, 2005
Page -5-
Item 3. A. RESOLUTION 14-2005 A RESOLUTION MAKING CERTAIN
FINDINGS OF FACT REGARDING THE PROPOSED ANNEXATION
OF A PARCEL OF LAND LOCATED IN SECTIONS 19, 20, 29 AND
30, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF SIXTH PRINCIPAL
MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO
B COUNCIL BILL 01-2005 AN ORDINANCE ANNEXING TO THE CITY
OF WHEAT RIDGE UNINCORPORATED TERRITORY KNOWN AS
THE CABELA'S/COORS/ALTER PARCEL LOCATED IN JEFFERSON
COUNTY
C A REQUEST FOR APPROVAL OF A SPECIAL USE PERMIT TO
ALLOW EXCAVATION AND DEPOSITION OF Fill MATERIAL IN
THE AMOUNT OF 1 5 MilLION CUBIC YARDS FOR PROPERTY
LOCATED WEST OF 1-70, SOUTH OF HIGHWAY 58 AND NORTH
OF WEST 32ND AVENUE
(SUP-05-01/CABELA'S & COORS)
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crN COUI'lCIL IAII'lu-rES febIU.'" 2B, 2005
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CITY COUNCIL MINUTES February 28,2005 Page -7-
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CITY COUNCIL MINUTES February 28, 2005
Page -8-
Item 4.
COUNCIL BILL 02-2005 AN ORDINANCE AMENDING ARTICLE II OF
CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING
BUSINESS LICENSES
Council Bill 02-2005 was introduced on second reading by Mr Gokey City Clerk
-- Pamela Anderson assigned Ordinance No \'31-0,
Motion by Mr Gokey to approve Council Bill 02-2005 (Ordinance
reading, and that it take effect 15 days after final publication,
seconded by
carried
) on second
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CITY COUNCIL MINUTES October 11, 2004
Page -4-
Meeting adjourned at 7 52 P m.
APPROVED BY CITY COUNCIL ON OCTOBER 25, 2004 BY A VOTE OF _ to _
Wanda Sang, Council President
The preceding Minutes were prepared according to S47 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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PROCLAMATION
POLISH-AMERICAN HERITAGE MONTH
OCTOBER 2004
WHEREAS, the City of Wheat Ridge proudly joins Polish American
organizations, schools, churches, libraries, and cultural groups throughout the
United States in celebration of Polish American Heritage Month, and
WHEREAS, Polish Americans have so many outstanding accomplishments of
which they can be proud, and
WHEREAS, Poles have made many contributions to science, technology, music,
art and literature, and
WHEREAS, it is a pleasure to extend this expression of our esteem and best
wishes to the members of the Saint Martin's Society, Lodge 134, for their national
celebration of Polish history, culture and pride across America during the month
of October;
NOW, THEREFORE BE IT RESOLVED THAT, the City of Wheat Ridge does
hereby proclaim October 2004 as Polish-American Heritage Month
IN WITNESS WHEREOF, I have hereunto set my hand and Seal of the City of
Wheat Ridge this 25th day of October, 2004
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, ""':'-1 - , to. l t J h l "-L '- ~
0i'etchen Cerveny, Mayor~
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PROCLAMA nON
National Family Literacy Day
November I, 2004
WHEREAS, as many as 44 mIllIon adults m thIs country cannot read at levels necessary
to succeed m today's socIety: and,
WHEREAS, thc problems created by IllIteracy affect all reSIdents of Colorado through
lower produCtIvIty and hIgher socIal costs, and,
WHEREAS, the tireless cfforts of literacy groups, and The Colorado State Daughters of
the Amencan RevolutIOn have actively contributed to the SUccess of lIteracy programs
through volunteensm. and.
WHEREAS, volunteers m our state have enabled many reSidents to reach theIr goals by
provldmg frce classes and tutonng: and,
WHEREAS, commumty programs throughout our natIOn are celebratIng NatIOnal
FamIly Literacy Day in November
NOW, THEREFORE I, Gretchen Cerveny, Mayor of the City of Wheat Ridge, do
hereby officially proclaim the first day of November 2004, as
NATIONAL FAMILY LITERACY DAY
And urge all citizens to honor literacy students, tutors, and all those that support
the literacy effort, and encourage those who are able to become a volunteer for the
literacy organizations or libraries in their communities, and to seek and help those
who cannot read.
IN WITNESS WHEREOF, I do hereby set my hand and Seal of the City of Wheat
Ridge this _ day of October, 2004.
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ITEM NO: ~
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE
October 25, 2004
TITLE:
COUNCIL BILL 20-2004 - AN ORDINANCE CONCERNING
ANNEXATION PETITIONS
D PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
[2] ORDINANCES FOR 1ST READING (Date' October 25. 2004)
D ORDINANCES FOR 2ND READING
Quasi-Judicial:
D
Yes
[2]
No
~ou~
City Man~r
City Attorney
EXECUTIVE SUMMARY:
Established that annexation petitions must comply with the state annexation law. Provides that
Council shall take one of three actions upon receipt of an annexation petition: (1) find the petition is
in compliance with the statute and set a public hearing, (2) table the petition for not more than six
months, or (3) reject the petition.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
The ordinance will allow the Council the option of tabling an annexation petition while the parallel
zoning applicatIOn is moving forward. This will enable both the zoning ordinance and the annexation
ordinance to be considered at the same publIc hearing.
AL TERNA TIVES CONSIDERED:
Do not adopt the ordinance; this will require the practice of continuing the annexation hearing from
time to time while the zoning application is processed.
FINANCIAL IMPACT:
N/A
RECOMMENDED MOTION:
"I move to approve Council BIll 20-2004, An Ordinance Concerning Annexation PetitiOns, on first
reading, order it published, public hearing set for Monday, November 8, 2004 at 7:00 p.m. in City
Council Chambers, and that it take effect upon adoption at second reading."
or,
"I move to table indefinitely Council Bill 20-2004, An Ordinance Concerning Annexation Petitions for
the following reason(s) "
Report Prepared by: Gerald Dahl, CIty Attorney (303) 376-5019
Reviewed by: Randy Young, City Manager
Attachments:
1. Council Bill 20-2004, An Ordinance Concerning Annexation Petitions
2. October 12,2004 Memorandum from City Attorney
041025 Ordinance Concerning Annexation Petitions
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No 20-2004
Ordinance No
Series of 2004
TITLE. AN ORDINANCE CONCERNING ANNEXATION PETITIONS
WHEREAS, the City Council of the City of Wheat Ridge, Colorado is authorized
pursuant to C RS. S 36-12-1-1 et seq. to consider and act upon petitions for annexation
of real property into the City; and
WHEREAS, the Council, as the governing body of a home rule municipality
under Article XX of the Colorado Constitution, has authority to enact ordinances
concerning local and municipal matters; and
WHEREAS, the Council wishes to provide a procedure for the acceptance of
annexation petitions by the Council
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Title 2 of the Wheat Ridge Code of Laws is hereby amended by the
adoption of a new Article III, entitled "Annexation," to read'
ARTICLE III ANNEXATION
Sec. 2-71 Annexation procedure.
All petitions for annexation to the City shall comply with the
requirements of the Colorado Revised Statutes governing
the municipal annexation of land. Upon receipt of a
complete petition for annexation, the same shall be
forwarded to the Council The Council shall take one of the
following actions.
(1) Adopt a resolution finding the petition to be
in substantial compliance with Section 31-
12-107(c), C RS and setting a public
hearing thereon pursuant to Section 31-12-
108, C.RS , or
GED\53027\486570 1
ATTACHMENT 1
(2) Table the petition for a period of time not to
exceed one hundred eighty (180) days
during which period the petitioner shall be
permitted to apply for zoning approval: or
(3) Adopt a resolution finding the petition not
to be in substantial compliance with the
requirements of Section 31-12-107(1),
C RS and terminating annexation
proceedings
Section 2. Safety Clause The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the City
of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public
and that this Ordinance is necessary for the preservation of health and safety and for
the protection of public convenience and welfare The City Council further determines
that the Ordinance bears a rational relation to the proper legislative object sought to be
attained
Section 3. Severability: Conflicting Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby All other ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 4. Effective Date. This Ordinance shall take effect upon adoption at
second reading as permitted by the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this 25th day of October, 2004, ordered published in full in a newspaper of
general circulation in the City of Wheat Ridge and Public Hearing and consideration on
final passage set for November 8, 2004, at 7'00 o'clock pm, 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
GED\53027\486570.1
SIGNED by the Mayor on this
day of
,2004
Gretchen Cerveny, Mayor
ATTEST
Pamela Anderson, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication.
Second Publication
Wheat Ridge Transcript
Effective Date'
GED\53027\486570 1
[I
GORSUCH KIRGIS LLP
AnORNEYS AT LAW
MEMORANDUM
TO:
Mayor & Council
FROM:
Gerald E. Dahl, City Attorney
DATE:
October 12, 2004
RE:
Ordinance concerning annexation petitions
This ordinance addresses a specific timing problem created by the annexation
statutes The municipal annexation act, 31-12-101, et seQ, generally governs the
procedure and requirements for annexation of territory to municipalities in Colorado
The statute requires that owners of property wishing to annex to the City must submit a
petition which is referred directly to the City Council for action. The statute goes on to
provide that upon receipt of the petition, the Council may determine that it appears to be
in substantial compliance with the law and set a public hearing, or find the petition not in
compliance with the law and reject it. If the Council takes the second option, the petition
is not further considered and the matter is at an end.
The timing problem arises because the statute provides that, as a part of any
resolution finding substantial compliance, the Council must also set a public hearing
which must take place no sooner than 30 days nor greater than 60 days following the
date of adoption of that resolution In practice this causes difficulty because most
annexations are also accompanied by an application for approval of a zoning plan for
the property, and review of the zoning plan (and accompanying zoning ordinance) takes
longer than 60 days This means that often the required annexation public hearing is
held before the zoning ordiance is ready for consideration at second reading public
hearing This places the Council in the position of having to open the annexation
hearing and immediately continue it to a later date, when the zoning plan and ordinance
are ready for second reading public hearing Doing this is confusing and frustrating for
the public, which is encouraged to attend the annexation hearing, only to learn that
hearing will be postponed until a later date, when the zoning plan will be available.
The attached ordinance addresses this propblem by giving the Council a third
option. to table the annexation petition without taking any action on it for a period of up
to six months This gives the annexation petitioner time necessary to submit and have
a zoning plan reviewed and a zoning ordinance brought forward, such that the
GED\53027\486605 1
ATTACHMENT 2
annexation hearing can be held at the same time as the zoning ordinance public
hearing
The City has authority to add this procedure as a home rule municipality acting
under Article XX of the Colorado Constitution. Annexation, as a land use matter, is
"local and municipal," a topic upon which City Councils in home rule municipalities may
legislate in addition to the statutes
Approval is recommended.
GED\53027\486605 1
ITEM NO: d.. \
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE,
October 25, 2004
TITLE:
COUNCIL BILL 21-2004 - AN ORDINANCE AMENDING
SECTION 24-51(g) AND ADDING NEW SUBSECTIONS (h) AND (i)
OF THE CITY OF WHEAT RIDGE CODE OF LAWS
CONCERNING LOTS OR PARCELS ZONED FOR
AGRICULTURAL OPERATIONS
o PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
C8J ORDINANCES FOR 1ST READING (Date' October 25.2004)
o ORDINANCES FOR 2ND READING
Quasi-Judicial.
o
Yes
[gJ
No
Ci~~~
CI~ Attorney
EXECUTIVE SUMMARY:
Amends the City's "Weeds and Tall Grass Ordinance" to exempt parcels larger than 5 acres, which are
used for agricultural operations.
COMMISSION /BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
There are some properties within the Ci~ that are used for agricultural operations but do not have
agricultural zomng. These parcels (iflarger than 12,500 square feet) are currently subject to the weed
ordinance requirement of mowmg.
ALTERNATIVES CONSIDERED:
Do not adopt the ordmance, continue to enforce the ordinance as written.
FINANCIAL IMPACT:
N/A
RECOMMENDED MOTION:
"1 move to approve Council Bill 21-2004, An Ordinance Amending Section 24-51 (g) and Adding New
Subsections (h) and (i) of the City of Wheat Ridge Code of Laws Concerning Lots or Parcels Zoned
for Agricultural Operations, on first reading, order it published, public hearing set for Monday,
November 8, 2004 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final
publication. "
or,
"1 move to table indefinitely Council Bill 21-2004, An Ordinance Amending Section 24-51(g) and
Adding New Subsections (h) and (i) ofthe City of Wheat Ridge Code of Laws Concerning Lots or
Parcels Zoned for Agricultural Operations for the following reason(s)
"
Report Prepared by: Gerald Dahl, City Attorney (303) 376-5019
Reviewed by' Randy Young, City Manager
Attachments:
1. Council Bil121-2004, An Ordinance Concerning Annexation Petitions
041025 Ordinance Amending Section 24-51
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No 21-2004
Ordinance No.
Series of 2004
TITLE: AN ORDINANCE AMENDING SECTION 24-51(g) AND
ADDING NEW SUBSECTIONS (h) and (i) OF THE CITY OF
WHEAT RIDGE CODE OF LAWS CONCERNING LOTS OR
PARCELS ZONED FOR AGRICULTURAL OPERATIONS
WHEREAS, the City Council of the City of Wheat Ridge, Colorado desires to
amend the Code of Laws pertaining to lots or parcels zoned for agricultural operations
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO'
Section 1. Section 24-51 (g) of the Wheat Ridge Code of Laws is hereby
amended, and new subsections (h) and (i) are added, to read as follows
(g) This section shall not apply to'
a. proportios lots or parcels zoned for and also used for
agricultural purposes operations, or
b, lots or parcels larger than 12,500 squ::lro foot FIVE
ACRES, under a single ownership, used for the growing
and harvesting of agricultural crops, regardless of the
zoning of the lots or parcels. The city m::lY pursue tho
remedios sot forth heroin with or without also filing ::I
compl:lint in tho municip::ll court, ::It tho city's solo
discretion,
(h) THE CITY MAY PURSUE THE REMEDIES SET FORTH HEREIN WITH OR
WITHOUT ALSO FILING A COMPLAINT IN THE MUNICIPAL COURT, AT
THE CITY'S SOLE DISCRETION
(i) FOR THE PURPOSE OF THIS SECTION, THE FOLLOWING TERMS
SHALL BE DEFINED'
Agricultural code, Cultivated grain and non-grain plants
grown for commercial food or fiber, including vegetables,
fruits, nuts, and nursery plants
GED\53027\487670 1 A TT A C H MEN T 1
Agricultural operation A purpose related to the
production, harvest, exhibition, marketing,
transportation, processing or manufacture of agricultural
products by a natural person who cultivates, plants,
propagates or nurtures the agricultural products
Section 2. Safety Clause The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the City
of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public
and that this Ordinance is necessary for the preservation of health and safety and for
the protection of public convenience and welfare, The City Council further determines
that the Ordinance bears a rational relation to the proper legislative object sought to be
attained
Section 3. Severability: Conflicting Ordinances Repealed, If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed
Section 4. Effective Date This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5.11 of the Charter
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this day of , 2004, ordered published in
full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing
and consideration on final passage set for , 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 Anderson, City Clerk
GED\53027\487670.1
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication
Second Publication:
Wheat Ridge Transcript
Effective Date'
GED\53027\487670.1
ITEM NO: 3 \
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE'
October 25,2004
TITLE:
A MOTION TO INCREASE THE AUTHORIZED STAFFING
LEVEL FOR SALES TAX AUDITOR FROM 1.0 FULL-TIME
EQUIVALENT (FTE) TO 2.0 FTE'S IN THE SALES TAX
DIVISION OF THE ADMINISTRA TIVE SERVICES
DEPARTMENT
o PUBLIC HEARING
[:g] BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date' _)
o ORDINANCES FOR 2ND READING
[:g]
No
QuasI-Judicial
~O-)~
City Manag t!
EXECUTIVE SUMMARY:
The City currently employs one full-time Sales Tax Auditor and contracts with an outside firm to
conduct sales and use tax audits to ensure that businesses are complying WIth the City's sales and use
tax policies. There are enough businesses in Wheat Ridge and compliance issues to justIfy contracting
out for sales and use tax auditing services in addition to the full-time Sales Tax Auditor, The contract
with the City's current outSIde auditor expIred on October 1,2004 and will not be renewed. Staff
recommends that a second full-time Sale Tax Auditor be hired to assist with sales and use tax auditing,
to inventory City busmesses to ensure compliance with CIty business license requirements and to
implement a sales and use tax education program to ensure businesses are complying with the City's
tax code, Ifthis position is filled before the end of the 2004 fiscal year, funds budgeted for contract
services will be used to fund the position. The current annual salary range for a Sales Tax Auditor is
$41,504 to $52,576. A sale tax audItor can potentially generate at least $200,000 each year in
additional revenues from sales and use tax audits.
At the Monday, October 11,2004 City Council Meeting, a motion to mcrease the authorized staffing
level for Sales Tax Auditor from 1 0 full-time equivalent (FTE) to 2.0 FTE's in the Sales Tax Division
ofthe Administrative Services Department was moved for continuation to the October 25, 2004 City
Council Meeting. In addition, consensus was reached that the topic of the Sales Tax Auditor position
be brought forward to an October 18, 2004 City Council Study Session. The Sales Tax Auditor
position was dIscussed at the October 18, 2004 Study Session with consensus to bring the item
forward as proposed to the October 25, 2004 City Council meeting.
COMMISSIONfBOARD RECOMMENDATION:
The Blue Ribbon Panel, commissioned by City Council in May 2004, recommended that the City
"Enhance sales and use tax auditing and education". As part of the City Council's Strategic Plan, an
upgrade to the sales and use tax audit system was identified as an action the City should undertake to
address the goal of "Creating a Sustainable City Government".
STATEMENT OF THE ISSUES:
A business license is required by any business in the City of Wheat Ridge that charges money for its
services, whether it charges sales tax or not. All sales, transfers or consumption of tangible personal
property within the City shall be subject to a sales and/or use tax and the vendor is responsible for
reporting to the City and paying the necessary taxes. Current staffing levels in the Sales Tax Division
do not allow for proactive enforcement of these laws or for the proper resources to educate Wheat
Ridge businesses concerning their responsibilities as taxpayers.
Staff recommends increasing the authorized staffing level for Sales Tax Auditor from 1.0 FTE to 2.0
FTE's to provide the necessary resources to increase the City's proactive enforcement activities and to
implement an education program for Wheat Ridge businesses, Attached is an amended job description
for Sales Tax Auditor, which has added language to emphasis the educational aspects of the essential
duties.
The major responsibilities of this new position will be to complete an inventory of all City businesses
to determine which have not acquired a business license with the City; develop educational pieces
through various means; and assist with sales and use tax auditing. The goal of this proactive,
educational campaign will be to obtam voluntary compliance from Wheat Ridge busmesses of the
City's tax code.
ALTERNATIVES CONSIDERED:
Continue to contract for sales and use tax auditing services.
FINANCIAL IMPACT:
The current annual salary range for a Sales Tax Auditor is $41,504 to $52,576 plus benefits. The 2004
budget includes $25,000 for contract sales and use tax auditing services, which will no longer be
budgeted if a second Sales Tax Auditor position is hired. The financial impact to the 2005 budget will
be between $16,504 and $27,576 plus benefits, over the 2004 budget. However, a sales tax auditor can
potentially generate at least $200,000 each year in additional revenues from sales and use tax audits.
RECOMMENDED MOTION:
"I move to Increase the authorized staffing level for Sales Tax Auditor from 1 0 FTE to 2.0 FTE's,
effectIve immediately."
or,
"1 move to deny the motion to increase the authorized staffing level for Sales Tax Auditor from 1 0
FTE to 2.0 FTE's for the following reason(s) "
Report Prepared by
Reviewed by.
Patrick Goff, Administrative Services Director
Randy Young, City Manager
Attachments:
1. Sales Tax Auditor Job Description
041025 Sales Tax Auditor CAF
Title:
City of Wheat Ridge
SALES TAX AUDITOR
DEFINITION:
Perform professional accounting work in sales and use tax areas; assist in various finance and accounting functions;
and, provide information and assistance to the public.
ESSENTIAL DUTIES: The following duties are illustrative only and are not intended to be all inclusive.
Conduct sales and use tax investigations and audits on taxpayers to insure compliance with City laws; collaborate and
confer with taxpayers before and after audit; explain audit procedures; Review and evaluate accounting records;
prepare detailed audit work papers and audit report narratives to document and substantiate audit procedures and
findings; prepare detailed reports and recommendations; monitor previously audited taxpayers for continued
compliance with City laws.
Interpret and explain to any person engaged in business the legal provisions, regulations and procedures required for
business licensing, sales tax collections and use tax payments.
Assists in reviewing, drafting and revising tax codes and regulations; assists in drafting pOlicies including ordinance
updates; make recommendations for changes or improvements regarding compliance policies, interpretation of tax
code, and penaltylinterest waiver procedures.
May work with the legal staff and Sales Tax Technician to resolve tax issues, impose distraint orders, resolve
delinquencies, and enforce collection activities; may be required to represent the City at hearings and appeal
proceedings as an expert witness in taxation.
Educate the local business community and public regarding tax code; make presentations to groups; conduct one-on-
one tax classes; assist in preparing educational material; provide information and assistance to customers in writing
and in person
- Provide assistance assist with accounting, budget, finance and sales tax related duties; execute internal cash audits as
required.
ADDITIONAL DUTIES:
Perform related work as required and assigned.
SUPERVISION RECEIVED:
Works under the general supervision of the Administrative Services Director
SUPERVISION EXERCISED:
None,
INDEPENDENCE OF ACTION:
Work is performed in accordance with established procedures and well-defined standard practices requiring some
authority to select which methods are applicable in any given situation. Virtually all work is reviewed regularly while in
progress and upon completion for accuracy and quality Matters not specifically covered in operating instructions are
reviewed with the supervisor
WORKING CONDITIONS/PHYSICAL AND MENTAL EFFORT:
This position is primarily administrative in nature, working indoors completing tasks such as reading and reviewing
reports, papers and other documents, writing reports, papers, correspondence and other documents, This portion of
the job will require acute mental skills, a lengthy attention span. The ability to communicate in a clear and concise
manner both in writing and verbally are essential to this position. Work involves sitting, walking, and standing.
Occasional lifting of objects weighing less than 24 Ibs and rarely lifting of objects weighing 25-50 Ibs is required,
Frequent dust while in archives and occasional noise due to office machines is expected.
.:QUIPMENT USED:
- The ability to properly operate or use the following equipment is necessary' telephone, computer terminals/printer, fax
machine, photocopier, calculator, and other office equipment.
Title,
SALES TAX AUDITOR
QUAUFICA TIONS:
Knowledqe - Accounting principles/practices, data processing techniques, office practices and procedures; data entry
and operations of automated data processing equipment.
Skills - Preparing written reports and projects; operation of equipment necessary to perform functions of the position,
Abilities - Establish and maintain effective working relationships with taxpayers, other employees and the general
public; understand, interpret and analyze financial records and statements; communicate effectively, verbally and in
writing; handle controversial matters in a professional and tactful manner; analyze and solve a wide variety of auditing
and accounting problems; develop efficient revenue collection procedures.
EVIDENCE OF QUALIFICATIONS:
Traininq - Bachelor's degree in accounting or business.
Experience - Two years related working experience
or
Any equivalent combination of training and experience that provides evidence that the applicant possesses the
required knowledge, skills and abilities.
SPECIAL REQUIREMENTS:
Possession of a valid and current Colorado driver's license or ability to obtain within thirty (30) days from date of hire,
Incumbent will be required to use personal transportation in performing investigative work.
ITEM NO
y,
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE
October 25, 2004
TITLE:
CML POLICY COMMITTEE APPOINTMENT
D PUBLIC HEARING
~ BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR I ST READING (Date _)
D ORDINANCES FOR 2ND READING
QuasI-Judicial D
~
Yes
No
r~~~
y Clerk
p~
II
, '
fofCIty Manager
EXECllT1VE SUMMARY:
City Council appoInts an IndIvidual to the Colorado MUniCipal League Policy CommIttee on an annual
baSIS The Policy CommIttee member IS reqUired to attend meetIngs, wor\...shops, and the Annual CML
Conference to develop mUnicipal policy positions for the League
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
If an applicant IS not appoInted to the CML Policy CommIttee the vacancy will remaIn
ALTERNATIVES CONSIDERED:
Not appoInt applicant to fill the vacancy on the CML Policy Committee
FINANCIAL IMPACT:
N/A
RECOMMENDED MOTION:
"I move to appoInt
to the CML PolIcy CommIttee effectIve ImmedIately
or,
"I move to deny the appoIntment of
to the CML PolIcy CommIttee because
Report prepared by Pam Anderson, CIty Clerk
Reviewed by Randy Young, City Manager
City of Wheat Ridge
Office of the City Clerk
Memorandum
/~,
~~~'D'_~\",\
u ~I
I
('~~~
TO'
Mayor & City Council
FROM.
Wanda Sang, Council President
DATE,
October 20, 2004
SUBJECT:
Proposed Council Rule changes
Please note the following proposed Council Rule amendments
TYPES OF MEETINGS
Replace Section A (3) with,
3 Quarterly First Monday District Meetings are to be held at a place to be announced
commencing at 7'00 p,m, the first Monday in March, September, and December The June First
Monday District Meeting may be scheduled as an Annual Town Meeting,
Replace Section A (4) with.
4, Study SessIOns are the first (1st) and third (3rd) Monday of each month at 6.30 p,m" excluding
dates on which a Quarterly Monday District Meeting or Town Meeting is scheduled,
Repeal Section C STUDY SESSIONS Each item on the agenda shall be limited to forty-five (45)
minutes, Time may be extended for an agenda item by a majority consensus vote of Council Members
present.
pa:pa
DATE:
October 25, 2004
GENERAL AGENDA ITEM COMMENT ROSTER
ANY PERSON MAY SPEAK CONCERNING 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.
NAME
ADDRESS
AGENDA ITEM NO.
PUBLIC COMMENT ROSTER
DATE: October 25, 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, S~ING NAME,
ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINTSll!SII! .,y\ :,<- L ,\.
".'7 1/'v /1 (,C
~ I r-
NAME ADDRESS V ~PIC
L:...I-/ A ~ L. k.SYUr(? 1> ,;vi .3 7,c; ?... A Y'I 1::.' ~ ~.., tN' r..I R jI,
/?,;b.J::'k'7 (,,/VA/I,f(K ~ '7 ~J q '5 f1 ,F /2/ P ,{j A..././ \All? J f( A
. . ,
@~lrV COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
October 25. 2004
Mayor Cerveny called tlJ.e Regular 9PY Council M~ng to orderrt 7 00 P mflouncilmemb~
present: Ka~ Adami, Karel)"13erry, Jerry DiTullio, Dean Gokey, Lena Rotola, 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 October 11, 2004
Motion by Mr DiTullio for the approval of the Minutes of October 11, 2004, seconded by ~-
carried ? ,/ 0 _
Mayor Cerveny read Proclamations for
Polish-American Heritage Month - October 2004
National Family Literacy Day - November 1,2004
. ~viut
1W'!.....~.~ or
~.
PROCLAMATIONS AND CEREMONIES
CITIZENS' RIGHT TO SPEAK
tvJ~M
APPROVAL OF AGENDA
ORDINANCES ON FIRST READING
Item 1,
COUNCIL BILL 20-2004 - AN ORDINANCE CONCERNING
ANNEXATION PETITIONS
Council Bill 20-2004 was introduced on first reading by ~ P/fvJ.ki'r
Motion by 1"I,-y. Th I ~V- to approve Council Bill 20-2004 on first
reading, order it published, public hearing set for Monday, November 8, 2004 at 7 00
P m in the City Council Chambers, and that it take effect upon adoption at second
reading, seconded by ~ carried J --0 .
CITY COUNCIL MINUTES OCTOBER 25, 2004
Page -2-
Item 2.
COUNCIL BILL 21-2004 - AN ORDINANCE AMENDING SECTION 24-
51 (g) AND ADDING NEW SUBSECTIONS (h) and (i) OF THE CITY OF
WHEAT RIDGE CODE OF LAWS CONCERNING LOTS OR PARCELS
ZONED FOR AGRICULTURAL OPERATIONS
Council Bill 21-2004 was introduced on first reading by
Motion by ~, S1ifvJ to approve Council Bill 21-2004 on first reading,
order it published, public hearing be set for Monday, November 8, 2004 at 7 00 P m in
the City Council~ers, and that it take effect 15 djts after final publication,
seconded by ,...r.:) , carried ~ -0 .
DECISIONS. RESOLUTIONS, AND MOTIONS
Item 3. MOTION TO INCREASE THE AUTHORIZED STAFFING LEVEL FOR
SALES TAX AUDITOR FROM 1 0 FULL-TIME EQUIVALENT (FTE) TO
20 FTE'S IN THE SALES TAX DIVISION OF THE ADMINISTRATIVE
SERVICES DEPARTMENT (CONTINUED FROM OCTOBER 11, 2004)
Motion by ~ to increase the authorized staffing level for Sales Tax Auditor
from 1 0 FTE to 2 ~ FTE's, effective immediately; seconded by ~ ~
carried 0/1 j ~
Item 4. Appointment to CML Policy Committee Vi
Motion by ~. ~/ to appoint ~ ~
to the CML Policy Commi~e effectively immediately; seconded by ~ .
carried 0' ----0 ,
CITY MANAGER'S MATTERS
.........------
CITY COUNCIL MINUTES OCTOBER 25, 2004
Page -3-
~
CITY ATTO~MATTERS
~
ELECTED OFFICIALS' MATTERS
Meeting adjourned at 1-' 30 p m
Pamela Y Anderson, City Clerk
APPROVED BY CITY COUNCIL ON NOVEMBER 8, 2004 BY A VOTE OF _ to _
Wanda Sang, Council President
The preceding Minutes were prepared according to 947 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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