HomeMy WebLinkAbout02/02/2009STUDY SESSION AGENDA
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
February 2, 2009
6:30 p.m.
Legislative Dinner
Wheat Ridge Recreation Center
4005 Kipling St.
Please reference the enclosed packets with important legislative information prior to
Monday evening.
Approximately 8:00 p.m.:
Item 1. N.W. Lakewood Sanitation Property Acquisition
City of
Wheate
OFFICE OF THE QTY MANAGETO: Mayor and City Council
FROM: Randy Young, Ci ger
DATE: February 2, 2009
SUBJECT: Zoning Code Amendments
ATTACHMENT(S): Memo from Jeff Hirt dated January 22, 2009
Four (4) Proposed Zoning Code Amendments
Please find attached a memo outlining the status of our various zoning code
amendments. As directed by Council at the December 1 Study Session, staff has been
working diligently with the Planning Commission to forward recommendations on the
ordinances to City Council for consideration.
The Planning Commission has forwarded recommendations for approval of four (4)
specific ordinances after public hearings held in December and January (also attached).
As noted in the memo, we are intending to schedule those for City Council ist readings
in February, without having additional City Council study sessions.
As requested by the Mayor and Council, we have also begun the discussion regarding
new mixed use zoning districts with the Planning Commission. Staff will be doing
research into various examples/models of those types of districts and presenting that
research at an upcoming study session with the Planning Commission. That will likely
occur in March and based on comments, questions and input at that meeting, we will be
able to develop a better schedule for that specific code amendment.
Please let me know if you have any questions or comments. Thank you.
City of
Wheat idge
COMMUNITY DEVELOPMENT
Memorandum
TO: Randy Young, City AEV
THROUGH: Ken Johnstone, Community Development Director
FROM: Jeff Hirt, Planner II
DATE: January 22, 2009
SUBJECT: Status of Short Term Zoning Code Amendments
The purpose of this memo is to provide an update on the status of the zoning code amendments
project and inform council of staffs intent for next steps. The key items staff would like to bring
to council's attention are the following, as further described in the table below.
Staff is proposing to bring two zoning code amendment ordinances for first reading for
the February 9 council hearing and two more for first reading on February 23.
With the support of Planning Commission, staff will be undertaking the process to
implement a new mixed use zone district(s). The intent of this district will be to
accommodate the types of desirable development the NRS promotes along with some
level of administrative flexibility built into the district with regards to development
standards and approval processes.
The following table provides a more detailed summary of the amendments staff is currently
working on.
Status of Short Term Zoning Code Amendments - January 22, 2009
Code Amendment Status
1. Zoning district boundary discrepancies • Ordinance brought to Planning Commission at
December 18, 2008 public hearing with
recommendation for approval as presented by
staff.
• Staff is proposing to bring this ordinance to a
first reading before City Council on February
9, 2009, with a public hearing on February 23,
2009.
Short Term Code Amendments
1122109
Status of Short Term Zoning Code Amend
ments - January 22, 2009
Code Amendment
Status
2. Floodplain administrator decision-
. Ordinance brought to Planning Commission at
making authority
December 18, 2008 public hearing with
recommendation for approval as presented by
staff.
• Staff is proposing to bring this ordinance to a
first reading before City Council on February
9, 2009, with a public hearing on February 23,
2009.
3. Extended Stay Lodging
• At their December 18, 2009 public hearing,
Planning Commission recommended hotel/motel
outreach prior to bringing ordinance forward to
public hearing(s).
4. Residential development standards
• At their December 18, 2009 public hearing,
(Setbacks, lot coverage, etc.)
Planning Commission recommended
comprehensive approach to development standards
rather than initial focus only on front setbacks for
short term amendments.
• Staff is initiating a study session with Planning
Commission with possibility of joint study session
with the Board of Adjustment.
5. Accessory buildings in commercial
• At their December 18, 2009 public hearing,
districts
Planning Commission recommended staff propose
more flexibility and limited allowances.
6. Planned developments and property
• Ordinance brought to Planning Commission at
owner consent
January 15, 2009 public hearing, with
recommendation for approval as presented by
staff.
• Staff is proposing to bring this ordinance to a
first reading before City Council on February
23, 2009, with a public hearing on March 9,
2009.
7. City initiated "upzonings"
• Ordinance brought to Planning Commission at
January 15, 2009 public hearing, with
recommendation for approval as presented by
staff.
• Staff is proposing to bring this ordinance to a
first reading before City Council on February
23, 2009, with a public hearing on March 9,
2009.
8. Residential density in Planned
• Scheduled for February 5, 2009 Planning
Residential Developments (PRD) and
Commission public hearing in ordinance form.
Planned Mixed Use Developments
(PMUD)
9. Parking regulations
• Staff is working on internal draft, estimated March
Planning Commission hearing of ordinance.
Short Term Code Amendments
1/2210Y
Status of Short Term Zoning Code Amendm
ents - January 22, 2009
Code Amendment
Status
10. New mixed use zoning district(s)
• At their January 15, 2009 meeting, Planning
Commission was in support of staff moving
forward with a new mixed use zone district, with
supplemental design standards and administrative
flexibility.
11. Assembly of land in the R-3 district for
. No drafts yet
multi-family
12. Residential group home density
• No drafts et
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 2-2009
Ordinance No.
Series of 2009
AN ORDINANCE AMENDING CODE OF LAWS CHAPTER 26 CONCERNING ZONING DISTRICT
BOUNDARY DISCREPANCIES AND INTERPRETATIONS
WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the
Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public
health, safety and welfare; and
WHEREAS, the Council of the City of Wheat Ridge finds that more flexibility is desirable with regards to
zoning district boundary discrepancies and interpretations; and
WHEREAS, the Council of the City of Wheat Ridge finds that providing flexibility, options, and a clear
procedure for dealing with zoning district boundary discrepancies and interpretations creates an incentive
for making improvements to property; and
WHEREAS, the Council of the City of Wheat Ridge finds that this amended ordinance provides sufficient
parameters and public involvement to deal with zoning district boundary discrepancies and
interpretations.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1: Section 26-119 of the Code is repealed and reenacted to read:
Section 26-119 Zoning and Mapping COMertions Interpretation of Zoning District Boundaries
A. Purpose
The purpose of this section is to provide flexibility for the utilization of properties that contain
uncertain or multiple zoning district boundaries. The City recognizes that these properties may
present a challenge for physical improvements. The intent is to accommodate adjustments and
corrections to the Official Zoning Map that are minor in nature and that may result in physical
improvements to property.
B. Zoning District Boundaries Uncertain
Where uncertainty exists as to the boundaries of zoning districts as shown on the Official Zoning
Map, the following shall apply:
1. Boundaries indicated as approximately following the centerline of streets, highways, or alleys
shall be construed to follow such centerlines.
2. Boundaries indicated as approximately following platted lot lines shall be construed as
following such lot lines.
3. Boundaries indicated as approximately following city limits shall be construed as following city
limits.
4. Boundaries indicated as approximately following railroad lines shall be construed to be
midway between the main tracks.
5. Boundaries indicated as approximately following shorelines shall be construed to follow such
shorelines. Boundaries indicated as approximately following the centerlines of streams,
rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines. In
the event of a natural change in the shoreline or centerline, the district boundary shall be
construed as moving with the actual shoreline or centerline. In the event of a change directly
or indirectly the result of human actions, the district boundary shall not be construed as
following the new shoreline or centerline.
6. Boundaries indicated as parallel to or extensions of features
indicated in subsections 1. through 5. shall be so construed.
Distances not specifically indicated on the Official Zoning Map
shall be determined by the legal description as contained in a
rezoning ordinance or resolution adopted by the city council, or, if
the zoning pre-dates the adoption of Ordinance No. 98, adopted
on May 2, 1972, shall be determined by measurement of the
Official Zoning Map currently in effect.
7. Where physical or cultural features existing on the ground are
different than those shown on the Official Zoning Map, or in other
circumstances not covered by this section subsections n through
F. above, the Community Development Director beaFd e#
adfestmeRt shall interpret the district boundaries in accordance
with procedures set forth in Section 26-119. E Gtion 26 115.
8. Boundaries indicated as approximately following section lines or
division lines of sections (i.e. quarter-section lines) shall be
construed to follow such land lines.
(Ord. No. 2001-1215, § 1, 2-26-01)
C. Lot Line Adjustments and Right-of-Way Vacations
1. A zoning district boundary shown on the Official Zoning Map as
approximately following a property line shall be construed as
following the property line as it actually existed at the time the
zoning district boundary was established. If, subsequent to the
establishment of the zoning district boundary, a property line is
moved as a result of a legally performed property line adjustment
pursuant to Articles I and IV of this Chapter, as applicable
(including right-of-way dedications and vacations), the zoning
district boundary line shall be construed as moving
simultaneously with the property line if the Community
Development Director determines that each of the following
apply:
a_ The property line adjustment is minor in nature,
b. The corresponding adjustment in the zoning is consistent
with the goals, objectives, and intent of the Comprehensive
Plan; and
c. The adjustment is consistent with the general zoning pattern
in the area.
L IBS°LS LLI
Example 1: Three options are
available to resolve this "split
zoning" subject to Section 26-
119.13. 1) The entire lot may be
considered R-2, 2) each portion
of the lot may be used as R-2 or
C-1 within the respective
boundaries, or 3) an
administrative adjustment to the
map may be requested.
Example 2: Two options are
available to resolve this "split
zoning". C-1 is considered a
"higher intensity" zone district;
therefore it may not be utilized for
the entire lot even though it
encompasses the majority of the
lot. 1) Each portion of the lot may
be used as R-2 or C-1 within the
respective boundaries, or 2) an
administrative adjustment to the
map may be requested.
Figure 26-119.1: Interpretation of
zoning district boundaries
2. If the above requisite conditions are satisfied, the Community
Development Director may direct that the Official Zoning Map be adjusted pursuant to
Subsection E, below. If any of these conditions are not satisfied, the zoning district boundary
may only be moved pursuant to the rezoning process set forth in Section 26-112.
D. Lots with Two or More Zoning Districts
Where a zoning district boundary line divides a lot that has single ownership at the time of the
passage of this Code, zoning and use of the lot shall be governed by one of the following
provisions, as elected by the Community Development Director (See Figure 26-119.1):
1. The lot shall be considered to be in the zoning district in which the majority of the land area of
the lot falls, provided that the lower intensity zone district is utilized in accordance with Figure
26-119.2 and the zone district to be utilized is consistent with the Comprehensive Plan at the
sole discretion of the Community Development Director, or until such time as a rezoning is
sought pursuant to Section 26-112 of this Code; or
2. Each portion of that lot so divided may be used in conformity with and subject to the
regulations applicable to the district in which it is located; or
3. The Community Development Director may make an administrative adjustment to the Official
Zoning Map in accordance with the procedures set forth in Section 26-119.E below.
4. Properties under one ownership that exceed 1 acre in size may
only be used in accordance with subsection 2 above.
E. Administrative and Minor Adjustments to the Official Zoning
Map
Where the zoning district boundary cannot be interpreted in
accordance with subsections B. through D. above, the Community
Development Director may make an administrative adjustment in
accordance with this Subsection E.
1.Procedure for Administrative Adjustments
An application for an adjustment to the Official Zoning Map may
be made to or initiated by the Community Development Director.
The Community Development Director may administratively
amend the Official Zoning Map under the following conditions.
a. The adjustment does not extend the zone district boundary
more than 50 feet:
b. The property subject to the adjustment does not exceed 1
acre in size;
c. The adjustment is consistent with and does not violate this
Code, the City Charter, the Comprehensive Plan, or any
other applicable rules and regulations of the City; and
d. The Community Development Director has notified adjacent
property owners by letter notice and posting of the site at
least ten (10) days prior to rendering his decision, and that no
objections have been received during such ten-day period.
Any objections must be received in writing and be directly
related to the proposed boundary adjustment. General
objections regarding existing land use conditions or issues
unrelated to the boundary adjustment will not be considered
valid objections for purposes of this provision,
e. If the Community Development Director initiates an
administrative adjustment, the procedures set forth in
subsections a-d above shall be followed after the following
conditions are satisfied:
i. The Community Development Director shall notify the
current property owner by certified mail of the
adjustment and
A-1 Lower
A-2
R-1
R-1 A
R-1 B
R-1 C
R-2
R-2A
R-3
R-3A
NC
RC
C-1
C-2
Higher
ii: If within 30 days of said notice the owner fails to submit a Figure 26-119.2: Zone district
written protest to the adjustment, the Director is levels of intensity.
authorized to initiate the adjustment in accordance with
subsections a-d above.
t. Fees for administrative adjustments shall be equal to those for administrative variances
as set forth in the City's fee schedule.
2. Appeals
a. Appeals of the Community Development Director's decisions and interpretations under
this Section may be taken to City Council by the subject property owner or an adjacent
property owner. A written appeal must be received by the Community Development
Department within ten (10) days of issuance of the appealed decision.
b. The City Council shall conduct a public hearing on the appeal. Notice of the hearing shall
be given in the manner provided in section 26-109. Council shall hear additional
evidence and testimony presented and affirm, reverse or modify the Community
Development Director's decision or interpretation after considering the applicable criteria
and standards.
3. Minor corrections
The Community Development Director may, from time to time, make minor corrections to the
Official Zoning Map asset forth below.
a. Subdivisions
Corrections to name of subdivisions, locations of lot lines and boundary lines, location and
names of streets and alleys and railroads.
b. Base map
Corrections to watercourse locations or names, location or names of lakes, names or
location of street or railroads.
c. Zoning information
Corrections to names of planned developments, case numbers, and closure of zone
districts in accordance with the most recent record of zoning action where there is no
zoning line separation between two (2) different zone districts.
d. Verifiable Errors
Where a verifiable error is discovered in the zone classification of any particular parcel as
displayed on the Official Zoning Map, or as represented in a rezoning ordinance, the
Community Development Director shall notify the current property owner by certified mail
of the error and shall inform the owner of the intent to correct the error based upon the
record of the last rezoning action. The Director shall also notify City Council of the
proposed correction by memorandum, including documentation which supports the
corrective action. If within thirty (30) days of the date of notice to the property owner, he or
she fails to submit a written protest to the correction, the Director may correct the error
and shall publish a legal notice of the correction. However, if the owner does file a written
protest, a rezoning action shall be initiated. The rezoning action shall be subject to the
provisions of section 26-112 except that no fee shall be assessed.
e. Miscellaneous Corrections
At any time minor corrections to the Official Zoning Map which do not affect the zoning of
any parcel may be made with the approval of the Community Development Director and
with a note added under the "revisions" box on said map, indicating that an "administrative
correction" has been made, a case file shall be created with a case number assigned for
each correction, with information contained in the file which gives the location and nature
of the correction.
(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1288, 1, 2, 5-12-03)
Section 2: Section 26-203 of the Code is repealed to read:
Sec. 26-203. Rules for interpretation of district boundaries
[Repealed]
Section 3: Section 26-115 of the Code is amended to read:
Sec. 26-115. Variance/waivers/temporary permits/interpretations
1. Interpretations
The board of adjustment is empowered to hold public hearings to decide upon requests for
interpretation of certain of the provisions of this chapter in such a way as to carry out their
intent and purpose. This authority shall extend only to the following:
a. The basic intent and purpose of words, phrases or paragraphs as applied to a specific
proposal or instance.
b. Use of property as an "other similar use;" however in no instance shall the board make an
interpretation that a particular use may be permitted in a zone district where that use is
specifically enumerated in a higher; that is more intensive, zone district.
c. Relationship Of PhY6iGaI stFeets, Fights of way, , propert
boundaFies,
City of Wheat Ridge.
Section 4: Section 26-106 of the Code is amended to read:
Sec. 26-106. Review process chart.
TABLE INSET:
Pre-Application
Final
Approval Requested
Neighborhood
Staff
BOA
URPC
Notes
Staff
PC
CC
Site Plan
4 X
A
A
§ 26-111
Major Subdivision
X
H
H
URA
§ 26-404.C
Minor Subdivision
X
H
H
URA
§ 26-404.13
(w/dedications)
Minor Subdivision
X
H
URA
Appeal to CC
(w/o dedications)
§ 26-404.6
Minor Plat Correction,
X
A
§ 26-409
Amendment, Revision
Lot Line Adjustment
X
A
§ 26-410
Consolidation Plat
X
H
H
URA
1 § 26-
(w/dedication)
404.D
Consolidation Plat
4 X
A
URA
§ 26-117
(w/o dedication)
Planned Development:
Outline Development
x
X
H
H
URA
2 ART III
Plan (ODP)
Planned Development:
Final Development Plan
X
A
URA
ART III
(FDP)
Planned Development:
Outline Development
x
X
H
H
URA
2 ART III
Plan Amendment
Planned Development:
Final Development Plan
X
A
URA
ART III
Amendment
Rezoning, Private
x
X
H
H
URA
2§ 26-112
Rezoning, City
X
H
H
URA
2 § 26-113
§ 26-114
Special Use
x
X
A
H
URA
Appeal
to CC
Variance--
Appeal to
Administrative
A
A
BOA § 26-
115.C
Variance--Non-
H
URA
§ 26-115.C
administrative
Pre-Application
Final
Approval Requested
Neighborhood
Staff
BOA
URPC
Notes
Staff
PC
CC
Temporary Permit
H
A
§ 26-115.D
Appeal to
Interpretation
A
BOA § 26-
115.E
Administrative
Appeal
CC
Adjustments to the
A
.E
§ 26-1199.
Official Zoning Map
Historic Designation
H
URA
ART IX
Planned Bldg. Group
4 X
A
H
A
3§ 26-116
Floodplain Permit--Class
1
A
§ 26-806
Floodplain Permit--Class
I I
4 X
H
§ 26-806
Right-of-way Vacation
X
H
H
URA
§ 26-118
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. -2008
Ordinance No.
Series of 2008
TITLE: AN ORDINANCE AMENDING CODE OF LAWS SECTION
26-311 OF CHAPTER 26 CONCERNING AMENDMENTS
TO DEVELOPMENT PLANS IN PLANNED ZONING
DISTRICTS (CASE NO. ZOA-08-07)
WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule
Charter and the Colorado Constitution and statutes to enact and enforce ordinances for
the preservation of the public health, safety and welfare; and
WHEREAS, the City Council of the City of Wheat Ridge finds that the proposed
amendments provide a useful tool to encourage redevelopment in current and future
planned developments; and
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1: Section 26-311 of the Code is amended to read:
Sec. 26-311. Amendments to development plans.
A. The procedures and requirements for amending an approved development plan
(outline or final) shall be the same as prescribed for original approval, except as provided
for under subsection (C) below. All applications for amendment to an outline
development plan must be approved in writing by at least 25 percent of' the au owners of
real property contained within the area originally approved by the outline development
plan, unless specific alternative provisions have been approved by city council as part of
the unified control agreement. I All applications for amendment to a final development
plan must be approved in writing by only the property owner for the property where the
amendment is being requested
being r° ,Amendments may be initiated by any property owner within an
approved development plan or by the city in accordance with Suction 20-311. If the
amendment affects the provisions for access, drainage, utilities and/or circulation,
affected property owners must consent to the application for amendment in writing.2
1 NOTE: At the direction of the Planning Commission, we have revised this language as shown for outline
development plans. Final development plan amendments are administrative and generally do not effect the
character of the planned development, therefore we suggest eliminating consent from other property
owners in the planned development for these types of amendments.
2 NOTE: We suggest keeping this statement in to cover any relevant easements or agreements (access,
utilities, drainage, etc) that may affect adjacent property.
B. Outline development plan amendments. Amendments to the underlying outline
development plan are required and will be processed the same as prescribed for original
approval if any one (1) of the following is proposed:
1. Increase in the gross floor area of structures beyond the authorized maximum allowed
on the approved outline development plan.
2. Proposed land uses are not permitted on the approved outline development plan.
3. Increase in density or intensity of use.
4. Decrease in perimeter setbacks.
5. Reduction in required buffer areas.
6. Increase in height of any structures.
C. Final development plan changes. A final development plan may vary from the
approved outline development plan so long as the thresholds for an outline development
plan amendment are not met as set forth in subsection B above. Variations include, but
are not limited to, re-orienting buildings and parking lots, changes in landscaping areas,
changes in architectural details, changes to interior setbacks and similar changes that do
not affect neighboring properties or the overall character of the development. At no time
can approval of a final development plan result in any increase beyond a maximum
development standard or any decrease below a minimum development standard listed on
the outline development plan. If any of these conditions occurs, the outline development
plan must be amended as described in subsection B. Once a final development plan is
recorded, any amendment requested that complies with the limitations of this subsection
B shall be processed in the manner prescribed for original approval.
D. Any changes or revisions to an outline or final development plan which are
approved, either administratively or by city council action, must be recorded with the
Jefferson County Recorder as amendments to the original recorded development plan
subject to the deadline provisions of subsection 26-308.D.4.d.
E. Variances. Variances to the strict application of development standards established
by an outline development plan may be requested only for properties within single- and
two-family planned residential developments, following the applicable administrative or
non-administrative variance process as prescribed in section 26-115.
(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1319, § 1, 4-12-04; Ord. No. 1383, § 6, 5-
14-07)
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. -2008
Ordinance No.
Series of 2008
TITLE: AN ORDINANCE AMENDING CODE OF LAWS SECTION
113 OF CHAPTER 26 CONCERNING CITY INITIATED
ZONE CHANGES (CASE NO. ZOA-08-08)
WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule
Charter and the Colorado Constitution and statutes to enact and enforce ordinances for
the preservation of the public health, safety and welfare; and
WHEREAS, the City Council of the City of Wheat Ridge finds that the proposed
amendments provide a useful tool to encourage redevelopment as outlined in the adopted
Neighborhood Revitalization Strategy and adopted subarea plans; and
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1: Section 26-113 of the Code is amended to read:
Sec. 26-113. City-initiated rezoning.
A. Applicability. This rezoning procedure applies to eity • ide and laf area, ultiple
pr-opeAy rezonings initiated by city council. Applications for city-initiated rezonings nlay
be made with or without consent from affected property owners.1 City-initiated reionin"s
may be to any zone district. In the event of a city-initiated zone change to a ptarnncd
development district. the procedures in Section 26- 308 shall he followed fir the outline
and final development plan, excluding the required authorization from property owners.
In the event of an amendment to a planned development district, the procedures set forth
in Section 26-311 shall be followed. excluding the required authorization h-om property
owners. To beeligible thf this proms diffe, large ^ .,..iAfi:p1e :p pelt. riRf4
enly in efdef to rezone property to a less int
ensive (lower) zone > ex
for
ample,
(R 3) t
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eu
ufa
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e
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eger-y
.
1 NOTE: This statement clarifies the current code provisions for property owner consent with city-initiated
zone changes, as this is not clearly spelled out but implied with Section 26-113.B. Lc below.
B. Procedure and notice:
1. General. The city council may, at a regular or special meeting, initiate this rezoning
procedure by adoption of a resolution setting forth the general area of the proposed
rezoning, stating the intended purpose and objectives to be achieved by the rezoning, and
referring the matter to the planning commission for a public hearing and
recommendation.
a. Prior to any public hearing before the planning commission, the city shall be required
to hold a neighborhood meeting according to the requirements of section 26-109A. (See
section 26-109A. for requirements).
b. City-wide rezoning: Where a city-wide or comprehensive rezoning has been initiated
by the council, notice shall include publication of a public hearing notice in a newspaper
of general circulation at least fifteen (15) days prior to the date of the public hearing,
which notice shall include a description of the proposed rezoning and a map which
illustrates the geographic extent of the proposed rezoning.
c. All other city-irnitiatecl rezomings Large afea, : A city-
initiated )le })+opeft rezoning shall, in addition to the newspaper notice
required by subsection ~ above of this , be noticed by certified mail notice
sent to all owners of record of real property included within the area to be rezoned at least
fifteen (15) days prior to the date of public hearing.
2. Planning commission action. The planning commission shall hear and consider any
evidence or statement presented by city staff or by any person in attendance at the
hearing. The planning commission shall make a recommendation to city council to
approve, approve with modifications or deny the rezoning proposal. The commission's
recommendation shall be based upon the facts presented in the public hearing in
consideration of the criteria for review specified in section 26-112.
3. City council action. Upon receipt of the planning commission's recommendation, the
city council shall hold a public hearing on the proposal. The hearing conducted on second
reading of the proposed rezoning ordinance shall satisfy this requirement. Notice of the
hearing shall be the same as for the planning commission hearing; however, publication
of the ordinance on first reading, together with any the required map, shall meet the
newspaper publication requirement.
The city council, in addition to consideration of the planning commission record, shall
hear additional evidence and testimony presented and either approve, approve with
modifications, or reject the ordinance. The city council shall base its decision upon all
evidence presented, with due consideration of the criteria for review set forth under
section 26-112.D.
In the event of a protest against such change of zone, signed by the owners of twenty (20)
percent or more of the area:
1. Of the property included within the proposed change; or
2. Of those immediately adjacent to the rear or any side of the property, extending one
hundred (100) feet from the property; or
3. Of those directly opposite across the street from the property, extending one hundred
(100) feet from the street frontage of such opposite property, such change shall not
become effective except by the favorable vote of three-fourths (3/4) of the entire city
council. Where land within the area proposed for change, or adjacent or opposite land, as
defined above, is owned by the City of Wheat Ridge, such property shall be excluded in
computing the required twenty (20) percent, and owners of non-city land within the one-
hundred-foot limit, as defined above, shall be considered adjacent or opposite despite
such intervening city land. The written protest to such change shall be submitted to the
city council no later than the hearing on the proposed rezoning.
(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1316, § 2, 1-12-04)
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 3-2009
Ordinance No.
Series of 2009
AN ORDINANCE AMENDING CODE OF LAWS ARTICLE VIII OF CHAPTER 26 CONCERNING
FLOODPLAIN ADMINISTRATOR DECISION-MAKING AUTHORITY & FLOODPLAIN DEVELOPMENT
STANDARDS
WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the
Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health,
safety and welfare; and
WHEREAS, the City Council of the City of Wheat Ridge finds that more administrative flexibility is desirable
with regards to floodplain development standards; and
WHEREAS, the City Council of the City of Wheat Ridge wishes to make other conforming changes.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1: Section 26-802 of the Code is amended to read:
Sec. 26-802. Definitions.
Unless specifically defined below, words or phrases used in these regulations shall be interpreted
so as to give them the meaning they have in common usage, so as to be consistent with the
definition given the term in other portions of this zoning code, and to give these regulations their
most reasonable application.
Floodplain administrator. The Director of Public Works city T or his designee is assigned
the responsibility to coordinate and deal with all aspects of these regulations.
Section 2: Section 26-803 of the Code is amended to read:
Sec. 26-803. General provisions.
A. Jurisdiction. The provisions of this article shall apply to all lands within the Flood Regulatory
District as defined on the official maps and engineering reports of the City of Wheat Ridge.
B. District types. The Flood Regulatory District covers the area inundated by the 100-year flood.
The Flood Regulatory District has been divided into two (2) subdistricts: The Floodway District and
the Flood Storage District.
The Flood Regulatory District, the Floodway District, and the Flood Storage District are not
separate zoning districts, but are overlay districts over existing zoning districts. In addition to
meeting the conditions of the underlying zoning district, any property to be developed in the Flood
Regulatory District must meet the conditions of the applicable overlay flood district.
C. District determination. All properties within the boundaries of the 100-year flood as shown on
the current flood insurance rate map for the City of Wheat Ridge, shall be in either the Floodway or
Flood Storage District and shall be subject to the requirements of sections 26-805 Floodway
District, or 26-806 Flood Storage District, respectively.
D. Boundaries. The boundaries of the Flood Regulatory District, Floodway District and Flood
Storage District have been defined by computing the 100-year flood limits under existing channel
and floodplain conditions as shown on the official maps and engineering reports.
The boundaries of the Flood Regulatory District, Floodway District and the Flood Storage District
shall be as they appear on the official maps and engineering reports kept on file in the office of the
Floodplain Administrator` city eRgieeer. The boundary lines on the map shall be determined by the
use of the scale and other surface features appearing on the map. When there is a conflict
between the boundary lines illustrated on the map and the actual field conditions, the dispute shall
be settled according to section 26-808.
G. Official maps and engineering reports. The location and boundaries of the Flood Regulatory
District shall be as identified by the Federal Emergency Management Agency in "The Flood
Insurance Study for Jefferson County, Colorado", dated June 17, 2003, and any amendments or
revisions thereto are hereby adopted by reference and declared to be a part of this article.
The location and boundaries of the Floodway and Flood Storage Districts shall be as shown in the
following engineering reports and accompanying maps:
1. Flood Insurance Rate Map (FIRM) panels dated June 17, 2003 for portions of the City of
Wheat Ridge.
2. Clear Creek: Flood Hazard Area Delineation of Clear Creek by Icon Engineering For the Urban
Drainage and Flood Control District, April, 2007.
3, Clear Creek: Clear Creek Floodplain Revisions at McIntyre Overflow - Letter Report by Icon
Engineering dated October 27, 2008.
4. Lena Gulch: Flood Hazard Area Delineation Lena Gulch (Lower) by George K Cotton
Consulting for the Urban Drainage and Flood Control District, October, 2007.
The flood insurance rate map and the above-mentioned engineering reports constitute the current
flood insurance study for the City of What Ridge and are hereby adopted by the above reference
and declared to be part of these regulations. The flood insurance rate map and the above-
mentioned engineering reports, which constitute the flood insurance study are on file at the Wheat
Ridge Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado,
(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1293, § 1, 6-9-03; Ord. No. 1411, § 1, 3-24-08)
Section 3: Section 26-806 of the Code is amended to read:
Sec. 26-806. Flood Storage District.
F. Development standards. The following regulations shall apply to all permitted development
and uses within the Flood Storage District:
1. All new structures which are walled and roofed and greater than one hundred twenty (120)
square feet in size must be elevated one (1) foot above the base flood elevation.
2. All development shall be evaluated based on any analysis of an equal degree of encroachment
based on conveyance of the 100-year flood extending for a significant reach on both sides.
3. No Flood Storage District uses shall adversely affect the efficiency of or unduly restrict the
capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or
any other drainage facilities or systems.
4. All new construction and substantial improvements shall be anchored to prevent flotation,
collapse or lateral movement of the structure and to withstand hydrodynamic loads.
5. All new construction, aRd substantial improvements, and fences shall be constructed with
materials and utility equipment resistant to flood damage.
Section 4: Section 26-808 of the Code is amended to read:
Sec. 26-808. Administration.
A. Floodplain administrator. The Director of Public Works city engineeF of the City of Wheat
Ridge or his designee shall be the floodplain administrator. The duties of the administrator shall
include, but not be limited to:
1. Coordination between departments and divisions:
a. Coordinate the application, permit, review, appeal, certification and enforcement processes
between the office of the Floodplain Administrator city engine and the department of community
development's divisions of planning, building, and code enforcement as appropriate to ensure
compliance with these regulations and an efficient use of staff.
City of
or Wheat idge
PUBLIC WORKS
Memorandum
TO: Mayor and City Council
THROUGH: Randy Young, City Manager 0~
FROM: Tim Paranto, Director of Public Works
DATE: January 20, 2009
SUBJECT: Purchase of 3453 Simms Street
The new master drainage plans for Lena Gulch and Clear Creek recommend many projects
which will reduce flooding, improve channel capacity, address erosion or improve water quality.
Only one project, the Lena Gulch channelization project from Lewis Meadows to Simms Street,
requires acquisition and removal of homes, one on Swadley Street and one on Simms Street.
While funds are not available at this time to address any of the projects, Staff recommends the
purchase of the Lena Gulch houses, when available, to avoid displacing residents from their
homes when the project is funded. Additionally, early removal of the houses from the floodplain
will provide substantial relief from flooding for eleven (11) other homes in the neighborhood.
The Swadley house on Lena Gulch was purchased last year after the owners moved to Florida.
The house is currently under contract for demolition. The owners of the other Lena Gulch home,
at 3453 Simms Street, have recently contacted the City, offering their property for sale. Staff has
met with one of the property owners to discuss the desire to sell, timing of the sale and the
process required for City purchase. While the acquisition of this property is not budgeted, Staff
has explored possible assistance from the Urban Drainage and Flood Control District (UDFCD).
UDFCD has agreed to partner with the City to purchase the property and will reimburse the City
one half of the costs of acquisition and demolition, estimated at $400,000.
Staff requests approval to prepare a purchase contract for acquisition of 3453 Simms Street for
its appraised value, as well as permission to provide a Letter of Intent to UDFCD concerning an
intergovernmental agreement (IGA) for the project. Once the purchase contract is prepared and
executed by the property owners, the contract and the UDFCD IGA will be brought to City
Council for approval. A budget amendment of $200,000 will also be prepared for City Council
action at that time. After the purchase contact is executed by City Council, the property will be
appraised and a closing date set (tentatively in early June). Staff will solicit proposals for
demolition of the house once the City takes possession.
As always, I am available to answer any questions in this matter
City of
Wheat Ridge
53 Simms Stre
State Plane Coo ov sie Prgecson
Colorado Central Zone
Wtun, NA083
DISCLAIMER NOTICE:
This is a pictorial representation of geographic
and demographic information, Reliance upon
the accuracy, reliability and authority of this
information is solely requesior's responsibility.
The City of Wheat Ridge, in Jefferson County,
Colorado - a political subdivision of the State
of Colorado, has compiled for its use certain
computerized information This information is
available to assist in identifying general areas
of concern only. The computemed information
provided should only be retied upon with
corroboration of the methods, assumptions, and
results by a qualified independent source. The
user of this information shall indemnify and hold
free the City of Wheat Ridge from any and all
liabilities, damages, lawsuits, and causes of actin
that result as a consequence of his reliance on
information provided herein
City of Wheat Ridge, Coorado
7500 West 24th Avenue
Wheat Ridge, CO 80033.8001
303.234.5900
City of
,!!91Wh6-atR
j,jg,e
PARKS AND RECREATION
Memorandum
TO: Mayor and City Council
THROUGH: Randy Young, City M~
,1 '
FROM: Joyce Manwaring, Parks and Recreation Direct r
DATE: February 2, 2009
SUBJECT: Park Naming Policy
Attached is the revised Policy and Procedure for Naming Parks and Recreation
Department Parks and Facilities. The Parks and Recreation Commission has been
working diligently on revising and updating the current policy, which was last revised in
1992.
The attached policy was passed by a majority vote at the January Parks and Recreation
Commission meeting for recommendation to City Council for adoption. This item will be
scheduled for adoption by resolution at the February 23, 2009 City Council meeting.
In the updating of this policy, staff researched other municipal and district Park Naming
policies and/or guidelines. This document is a reflection of that information combined
with the current policy. The document also includes a list of all the parks, facilities and
the dates they were named, as well as the justification and or history of the names.
Because several sites have been added or received a name change since 1992, the list has
been updated in the new policy.
The changes from the current document to the attached revised document are as follows:
• Section I Authority to Name
o Adds "Renaming" to this section, which was referred to as "Change of
Name" in section VI of the 1992 document. This change does not affect
the intent of the original policy.
o Adds c) "If the recommended name is not approved by City Council, the
item shall be referred back to the Parks and Recreation Commission."
The addition of this item provides a path for the process that did not exist
in the prior policy, as the prior policy did not clarify what the procedure
was if City Council did not approve the recommended name.
Section 2 Naming Proposals
o Adds d) "The Parks and Recreation Commission, through the Parks and
Recreation Department, may but is not required to solicit names from the
general public for park naming." The 1992 document did not specify
whether public input was required in the process. The basis for this
addition is that soliciting names from the general public may or may not
be appropriate for every naming opportunity.
• Section 5 Existing Names
o This section has been updated with the park and facility additions since
1992, as well as any locations that were not originally documented in the
policy.
Section 6 Change of Name
o This section has been relabeled as Renaming Guidelines and adds policy
in the event a request to rename a park or facility is submitted.
■ The content addresses the justification for renaming considerations
■ Allows renaming only for location or subdivision names
■ Allows renaming for a location that has been named for an
individual only if continued use of that name is not in the best
interest of the community.
POLICY AND PROCEDURE FOR NAMING
PARKS AND RECREATION DEPARTMENT PARKS AND FACILITIES
Adopted by Resolution _-2009 ( 12009)
General - Park and facilities names are often as enduring as the property itself; therefore, the
selection of a proper name is, and should be, a serious matter. Selections should attempt to
induce a dynamic community impact, add credibility to the park or facility, create a cohesive
theme, express appreciation, create lasting public relations, promote education, lift the mind
and bond our heritage and very being to the land.
1) Authority to Name or Rename:
a) Any park, parkway, recreation building, swimming pool, ball field, or any other
facility managed and controlled by the Parks and Recreation Department of the City
of Wheat Ridge, hereinafter called park and/or facility, shall be named or renamed
only by the Parks and Recreation Commission on affirmative vote of 2/3 majority of
all members of said commission present.
b) The name shall then become the official name upon approval of a 2/3 majority of the
City Council.
c) If the recommended name is not approved by City Council, the item shall be referred
back to the Parks and Recreation Commission.
2) Naming PrODOsals:
a) Proposals to name any park and/or facility may be initiated by any Parks and
Recreation Commission member at any regular meeting of the commission. Also,
any citizen of Wheat Ridge or the Director of Parks and Recreation may submit
proposals in writing or by personal appearance at any regular meeting of the
commission.
b) Any such proposals must include reasons for the proposed name and as much
evidence as possible in the form of letters, petitions, and/or personal appearance at a
Parks and Recreation Commission meeting, of neighborhood or community support
of the proposed name.
c) Any such letters or petitions much certify that each signer is or has been a resident of
the City of Wheat Ridge, show each signer's address and telephone number.
d) The Parks and Recreation Commission, through the Parks and Recreation
Department, may but is not required to solicit names from the general public for park
naming.
Policy and Procedure for Naming Page 2
Parks and Recreation Department Parks and Facilities
i) Park names may be solicited within parameters established by the Parks and
Recreation Commission for a specific site.
ii) Time limits for name considerations will be established by the Parks and
Recreation Commission on an individual park basis.
3) Naming Guidelines:
a) All proposed names shall meet one or more of the following guidelines. However,
the Parks and Recreation Commission may waive any or all of these guidelines upon
a motion approved by a majority of commission members present.
b) A park and/or facility may be named for:
(1) An event; provided such event directly affected, affects or would be
meaningful to the citizens of Wheat Ridge.
(2) A deceased person; provided the person has been known to be of good
character, known to have never been convicted of a felony, and has
contributed to the betterment of Wheat Ridge in some greater than average
manner or who was of historic significance to the City, County, State or
Nation.
(3) A living _person; provided he/she has met all selection criteria for a deceased
person and who in addition has been exceptionally outstanding in his/her
contribution to the betterment of the Wheat Ridge. In addition, a written
approval signed by the said person, agreeing to the naming, must be submitted
with the proposal.
(4) A donor or group of donors of land, considerable property, or money,
provided such donation was large and significant or represented considerable
sacrifice by the donor or donors.
(5) A place name, such as the neighborhood where located or a geographical or
man-made feature; provided this name tends to identify the location or
character of the park and/or facility.
4) Unacceptable Names:
Generally, no park and/or facility may be named for any of the following unless waived
by a majority of the Parks and Recreation Commission members:
a) Any person, living or deceased, who has had no connection with the Wheat Ridge,
excepting persons of historical significance to the City, County, State or Nation.
Policy and Procedure for Naming Page 3
Parks and Recreation Department Parks and Facilities
b) Any church or religious organization, political organization, service club, fraternity
organization or any other organized group unless they fully meet the guidelines listed
above.
5) Existing names:
a) This policy has no effect on existing official and/or accepted names of parks and/or
facilities.
b) The following such names are hereby designated as official names upon passage of
this policy:
i) Anderson Community Building - a building in Wheat Ridge at West 44th
Avenue and Field Street named in honor of Wheat Ridge's first Mayor by
action of City Council.
ii) Anderson Park - a park at West 44th Avenue. and Field Street, originally
named Wheat Ridge Park was renamed in honor of the first Mayor of Wheat
Ridge by action of City Council.
iii) Apel-Bacher Park - a park at West 45th Avenue and Vance Street named for
historic landowners of the property.
iv) Boyd's Crossing Park - a park at West 45th Avenue and Everett Street named
for a historic site used to cross Clear Creek.
v) Clear Creek Greenbelt Park - park areas along Clear Creek owned and leased,
excepting those areas with other names - Johnson, Wheat Ridge and Prospect.
vi) Creekside Park - a park located at 49th and Marshall Street named for its
geographic location adjacent to Clear Creek including Manwaring Field
named through the Colorado Rockies Field-of-Dreams Program and named
after Rockies catcher Kirt Manwaring who personally contributed funding.
vii) Founders' Park - a park at 37th and Jay Street, a former carnation greenhouse
site named for all of the founders of the Wheat Ridge Community.
viii) "Hank" Stites Park - a park at West 29th and Newland Street named in honor
of Mayor Frank (Hank) Stites who was also a long time member of the Wheat
Ridge Recreation District Board.
ix) Happiness Gardens - a community garden at 4226 Ammons Street named to
recognize the happiness that gardening would bring to the students of
Wilmore Davis elementary school who were being encouraged to participate.
X) Hayward Park - a park at West 29th Avenue and Wadsworth Boulevard
named in honor of the previous owner by Parks and Recreation Commission
action.
xi) Historical Park - a park at 46th Avenue and Robb Street named by general
usage (including Sod House, Coulihan Cabin, the first Wheat Ridge Post
Office and Museum).
Policy and Procedure for Naming Page 4
Parks and Recreation Department Parks and Facilities
xii) Horace E. Randall Park - a park at 43rd Avenue and Fenton Street named by
the board of the Wheat Ridge Recreation District in honor of a board member,
secretary of said board for many years, who in this capacity did much for
parks and recreation in the area.
xiii) Johnson Park - a park at Clear Creek and Wadsworth Boulevard. The easterly
portion was named by the donor in honor of his deceased wife, Elizabeth
Johnson, as a condition of the gift to the Wheat Ridge Lions Club (who
subsequently donated the park to the Wheat Ridge Recreation District). The
westerly portion was named Samuel Johnson Park in honor of the donor,
Judge Samuel Johnson. Subsequent additions to this park between
Wadsworth Boulevard and West 44th Avenue by the City of Wheat Ridge,
also bear the name Johnson Park.
xiv) Panorama Park - a park at 35th Avenue and Depew Street named by contest
when under the jurisdiction of the Wheat Ridge Recreation District.
xv) Paramount Park - a park at West 27th Avenue and Kipling Street named for
the subdivision in which it was located when under the jurisdiction of the
Prospect Recreation District.
xvi) Prospect Park - a park at West 44th Avenue and Robb Street named while
under the jurisdiction of the Prospect Recreation District in honor of early
prospectors who came up Clear Creek.
xvii) Richards-Hart Estate - a park and historic mansion located at West 28th
Avenue and Benton Street and named for the original owner/builder and the
owner in longest residence.
xviii) Wheat Ridge Municipal Pool - the name given to the outdoor pool located in
Anderson Park at 44th and Field when it was constructed and opened to the
public in 1980.
xix) Wheat Ridge Recreation Center - Represents the geographical location of the
Center. Named by City Council action.
xx) Wheat Ridge Senior/Community Center - a building at 6363 W. 35th Avenue
used by the seniors of Wheat Ridge and as a community center for
recreational programming for the citizens of Wheat Ridge. Named by City
Council action.
6) Renaming Guidelines:
The renaming of parks and facilities is strongly discouraged. It is recommended that
efforts to change a name be subject to the most critical examination so as not to diminish
the original justification for the name or discount the value of the prior contributors. A
renaming or change in name will be considered for the following circumstances:
a) Only those parks and facilities named for a location or subdivision shall be
considered for renaming.
Policy and Procedure for Naming Page 5
Parks and Recreation Department Parks and Facilities
b) Parks and facilities named after individuals shall never be changed unless it is found
that the individual's personal character is or was such that the continued use of the
name for a park or facility would not be in the best interest of the community.
This policy and procedure shall become effective and binding upon the Parks and Recreation
Department and the Parks and Recreation Commission as soon as it has been formally
adopted by a 2/3 majority of the members of the Parks and Recreation Commission present,
and a 2/3 majority of City Council. This policy and procedure shall continue in effect
regardless of member changes of the Commission, but may be amended, done away with, or
re-written at any time by a majority assenting vote of the Commission members present and a
majority of City Council.
The above Policy and Procedure for Naming Parks and Recreation Department Parks and
Facilities was approved by a majority of the members of the Parks and Recreation
Commission present at the regular meeting held January 21, 2009.
Ralph Hughes, Chair
Parks & Recreation Commission
The above policy and procedure was confirmed and approved by Resolution by a majority of
City Council at a regular meeting held ,
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
City of
WheatP,jdge
PARKS AND RECREATION
Memorandum
TO: Mayor and City Council
THROUGH: Randy Young, City Manager J
FROM: Joyce Manwaring, Parks and Recreation Direct r v✓
DATE: January 20, 2009
SUBJECT: NW Lakewood Sanitation Property Acquisition
Historv
In November of 2004 City Council passed a Resolution authorizing Jefferson County Open
Space to complete an appraisal, environmental assessment, and survey and to negotiate the fair
market value for the purchase of a 6.64 acre site owned by the Northwest Lakewood Sanitation
District, located at 41" and Miller St.
Since that time, a Phase I and a partial Phase II Environmental Assessment were completed on
behalf of Jefferson County Open Space. The Northwest Lakewood Sanitation District Board
also completed an assessment of the site. All of the assessments indicated soil contamination on
the site. Groundwater contamination was also acknowledged in a specific location.
At a study session in March of 2006, information was presented to City Council regarding the
initial contamination information. A consensus was reached to continue to move forward with
the due diligence necessary to consider this property for acquisition.
Issues
1) The District Board submitted a Voluntary Clean Up Plan (VCUP) to the State of
Colorado and has completed the actions submitted in the plan. These actions call for the
site to be cleaned up to Residential standards, at which time a closure letter stating the
site has been cleaned to the standard will be issued.
The District omitted a section of the property located in the northwest corner from the
submitted plan and is proposing to fence this section of the property to deny any public
access due to the contamination in that area.
Attached is a report prepared by Craig Carter, Environmental Engineer, Jacobs Carter
Burgess. This report contains an objective, outside analysis with recommendations of
all the Environmental Assessments, the levels of the contamination, as well as the
VCUP. He is recommending that the section of property described in the previous
paragraph be included in the VCUP and cleaned to residential standards.
Mayor and City Council January 20, 2009
Subject: NW Lakewood Sanitation Property Acquisition Page 2
2) The District has requested as a condition of purchase that once the property is clean and
the State of Colorado has issued a closure letter that the district not be required to
provide indemnification on past and future contamination. The issues related to
indemnification on the property will be explained and addressed by Gerry Dahl at the
study session.
3) Jefferson County Open Space has made the decision to remove the county from the title
chain in the acquisition of this property. This property is listed as the number one
priority for the City of Wheat Ridge open space acquisitions and qualifies for 100%
funding for acquisition from Jefferson County Bond funds. Prior acquisitions by the
City from their attributable share qualify for the cash match for this purchase per the
bond program policy.
Alternatives
1) To relocate the trail should the City decide not to pursue acquisition of the property and/or
not enter into a renewal of the license agreement.
There are six alternate conceptual trail routes that have been identified. The cost for
relocation ranges from $250,000 to over $1 million for these alternates.
The Clear Creek Trail travels across the NW Lakewood site and the City currently has a
license agreement with the district dated 1997 that allows this use. The importance of this site
to the Wheat Ridge Greenbelt and the Clear Creek Trail are as follows:
• Creates a contiguous trail without travelling north or south on Kipling
• The Clear Creek trail located in Wheat Ridge is part of a regional trail system
connecting to the South Platte and Cherry Creek trail on the east and to
Golden on the west.
• The property is contiguous on two sides to the Greenbelt.
• Serves as a strategically located trailhead on the west side of Kipling, with off
street parking and access to the trail and Greenbelt. Acquisition provides an
opportunity to improve the trail surface, trailhead and access in this area. The
trail currently travels across the dirt access road to the sanitation site and the
parking lot is inadequate in size. The lot is consistently a maintenance issue
related to its location in the flood plain.
2) To pursue a condemnation easement for the portion of the property currently used. The cost
of purchasing this easement would not be funded by Jefferson County Open Space bond
funds. The cost would be the responsibility of the City of Wheat Ridge.
Action
1) Consensus on the recommendation to require the District to clean up the entire
property to residential standards.
Mayor and City Council January 20, 2009
Subject: NW Lakewood Sanitation Property Acquisition Page 3
2) Consensus on the District request to waive/not waive indemnification as part of the
bargain and sale agreement.
3) Consensus to move forward with the property acquisition contingent on the conditions
of # 1, #2.
If the property is not acquired the City will continue to abide by the conditions of the current
license agreement in order to provide a contiguous trail system. Either party may choose to
terminate the agreement with 6 months notice. Should that termination occur the city will need
to pursue an alternate trail location.
707 17" Street, Suite 2300
Denver, CO 80202 U.S.A.
(303) 820-5240 Fax: (303) 820-2402
January 21, 2009
Ms. Joyce Manwaring
City of Wheat Ridge
Parks and Recreation Director
4005 Kipling Street
Wheat Ridge, Colorado 80033-4125
Re: Environmental Document Review and Summary, Former Wastewater Treatment
Facility, Northwest Lakewood Sanitation District, 4101 Miller Street, Wheat Ridge,
Colorado
Dear Ms. Manwaring:
The following report is a summary of the results of the Jacobs Carter Burgess review of
environmental documents for the above mentioned site.
Executive Summary
Four environmental studies were performed on the site from May 2005 through January 2007
and a Voluntary Cleanup Program Application and Plan was prepared by Environmental
Resources Management (ERM) in January 2007. The investigations of the site revealed the
following environmental conditions:
• Potential recognized environmental conditions associated with the trench
head/holding pond, sludge storage area, and dump sites with suspected impacts from
heavy metals and Volatile Organic Compounds (VOCs) in these three areas;
• Soil containing lead at concentrations of 680 mg/kg and 850 mg/kg in samples collected
in the former sludge pit area. These concentrations are greater than the current
Residential Colorado Department of Public Health and Environment (CDPHE) Colorado
Soil Evaluation Value (CSEV) of 400 mg/kg;
• Heavy metals concentrations in one water sample collected in the sludge pit area
(ASEC, August 2005) exceeding Colorado Basic Groundwater Standards (CDPHE,
2005) and CDPHE CSEV values for water (CDPHE, 2007). The sample contained
Arsenic at a concentration of 2.7 mg/kg and Lead at 16 mg/kg;
• One sample from the February 20, 2006 ASEC investigation that contained lead at a
concentration (430 mg/kg) exceeding the current Residential CDPHE CSEV of 400
mg/kg. The sample was collected in the former sludge pond area;
• Samples from 2 soil borings collected during the February 20, 2006 ASEC investigation
contained lead at concentrations below the Residential CDPHE CSEV of 400 mg/kg and
arsenic at concentrations within the range that is normally considered background. The
Ms. Joyce Man waring
January 21, 2009
Page 2 of 7
samples were collected in the fill area or "restricted area" in the northwest corner of the
site;
• Arsenic was detected in 3 subsurface soil samples from the sludge pit area at
concentrations of 42.0 mg/kg, 53.1 mg/kg, 49.5 mg/kg collected by ERM, November
2006. These concentrations are greater than the 40 mg/kg level that is typically
considered the upper end of the range considered to be background;
• Lead was detected in one subsurface soil sample (ERM, November 2006) at a
concentration 494 mg/kg which is above the Residential CDPHE CSEV of 400 mg/kg;
• Arsenic and Lead were present at concentrations above background and Residential
levels in a composite sample from the effluent ditch (ERM, November 2006);
• Dissolved lead and arsenic were detected in groundwater samples (ERM, November
2006) collected from several wells. However, all of the concentrations were below the
Colorado Basic Ground Water Quality Standards (March 2005);
• A map showing the locations of 9 soil borings dated March 2008 shows that arsenic
concentrations in samples from 6 of the borings exceed 40 mg/kg which is the upper end
of the range considered to be background. The borings were located in the "fill location"
or "restricted area" in the northwest portion of the site. No written report was provided
with the map and the area was not included in the Voluntary Cleanup Plan.
A Voluntary Cleanup Plan (ERM - January 31, 2007) proposed removal of material in the
former sludge pond area, confirmation sampling, installation of one groundwater monitoring well
and preparation of a closure report. No soil removal was recommended in the "fill area" /
"restricted area".
Jacobs Carter Burgess recommended that the actions proposed in the Voluntary Cleanup Plan
be carried out, as summarized below, and that the "restricted area" be cleaned up to
background levels for arsenic and residential levels for lead.
1.0) Documents Reviewed
Jacobs Carter Burgess has reviewed the following environmental documents in connection with
the above mentioned site in order to evaluate the environmental condition of the property.
• Environmental Site Assessment, NW Lakewood Sanitation District, 4101 Miller Street,
Wheat Ridge, CO, prepared by ASEC, Inc. May 7, 2005
• Limited Phase II Environmental Site Assessment, NW Lakewood Sanitation District,
4101 Miller Street, Wheat Ridge, CO, prepared by ASEC, Inc. August 30, 2005
• Phase II Environmental Investigation, NW Lakewood Sanitation District, 4101 Miller
Street, Wheat Ridge, CO, prepared by ASEC, February 20, 2006 (prepared for
Jefferson County Open Space)
Ms. Joyce Manwaring
January 21, 2009
Page 3 of 7
• Phase II Subsurface Investigation, Former Wastewater Treatment Facility, NW
Lakewood Sanitation District, 4101 Miller Street, Wheat Ridge, CO, prepared by
Environmental Resources Management (ERM), January 31, 2007
• Voluntary Cleanup Plan, Former Wastewater Treatment Facility, NW Lakewood
Sanitation District , 4101 Miller Street, Wheat Ridge, Colorado, prepared by
Environmental Resources Management, January 31, 2007
• Figure 1 March 2008 Arsenic Analytical Results, ERM, March 2008 - Map of 9 soil
boring locations and outline of "Fill Location"
Jacobs understands that the City of Wheat Ridge is considering purchasing the property for
use as open space and wishes to obtain a summary of the results and regulatory significance
of environmental assessments performed on the property.
2.0) Site Description and Background
The Northwest Lakewood Sanitation property at 4101 Miller Street in Wheat Ridge, Colorado is
a 6.64 acre site occupied by a closed wastewater treatment plant, associated equipment and a
storage building. The site is located west of Kipling Street and north of West 41s` Avenue
immediately west of Miller Street in Wheat Ridge. The site is bordered by Clear Creek and City
of Wheat Ridge Open Space to the north and west and by residential properties to the south
and east. According to the Environmental Site Assessment report prepared by ASEC (May 7,
2005) there have been buildings at the site since 1955. Facilities were added over the years
and the wastewater treatment plant operated from approximately 1960 until it's closure in
August, 2004.
The site is located within the 500-year fioodplain of Clear Creek and surface water flows to the
north. Groundwater flow is also generally to the north towards Clear Creek. An effluent ditch
that drains to the north toward Clear Creek is located in the central portion of the site. The
attached Figure 1 Monitoring Well Location Map (ERM - 11/06) shows the general site layout
and ERM monitoring well locations.
In the northwest corner of the site there is an area north and east of an existing parking area for
the Clear Creek Trail access where fill has been dumped. None of the reviewed reports
indicated with any certainty, the source of the fill or whether the placement of the fill had been
authorized (see Figure 1 Arsenic Analytical Results, ERM, 11/08).
3.0) Summary of Previous Investigation Results and Voluntary Cleanup Plan
Environmental Site Assessment, ASEC, May 7, 2005
The Environmental Site Assessment report prepared by ASEC on May 7, 2005 documented
several decades of use of the site as a wastewater treatment plant. According to the report, the
northwest portion of the property had been filled to raise the land level more than 5 feet in
elevation. The report concluded that the fill is of questionable quality and may have been
placed at this location without authorization-
A review of historical information on the site indicated that an effluent trench and storage ponds
were constructed for the purpose of transporting effluent to the ponds on the north portion of the
Ms. Joyce Manwaring
January 21, 2009
Page 4 of 7
property. ASEC suspected recognized environmental conditions associated with the trench
head/holding pond, sludge storage area, and dump sites and recommended sampling and
analysis for heavy metals and Volatile Organic Compounds (VOCs) be conducted in these three
areas.
Limited Phase II Environmental Site Assessment, ASEC, August 30, 2005
The Limited Phase II Environmental Site Assessment was performed by ASEC to evaluate
possible heavy metals contamination in soil in the areas of former sludge pits and the discharge
trench to the sludge pits. A total of 14 hand auger borings were drilled to a depth of 3 to 4 feet
(attached ASEC Soil Boring Location Map, 8/30/05). One sample from each boring was
collected and analyzed for Lead (EPA Method 6010B). From the 14 soil samples analyzed for
lead, the two samples with the highest lead concentrations were analyzed for Priority Pollutant
Metals (EPA Methods6010B and 7471 A). A groundwater sample was also collected from SB-3
at a depth of 3 feet to be analyzed for eight Resource Conservation and Recovery Act (RCRA)
metals (EPA Methods 6010, 7470, 7471).
Two soil samples (A/SB-3, A/SB-5) contained lead at concentrations (680 mg/kg, 850 mg/kg,
respectively) that are greater than the current Residential Colorado Department of Public Health
and Environment (CDPHE) Colorado Soil Evaluation Value (CSEV) of 400 mg/kg. Both
samples were collected in the former sludge pit area.
Heavy metals concentrations in one water sample collected from SB-3 in the former sludge pile
area exceeded Colorado Basic Groundwater Standards (CDPHE, 2005) and CDPHE CSEV
values for water (CDPHE, 2007). Table 3 of the report showed that Sample A/SB-3, a water
sample, contained Arsenic at a concentration of 2.7 mg/kg and Lead at 16 mg/kg. The units
shown in the laboratory report from Summit Scientific are in mg/L as would be expected for a
water sample.
The report concluded that the site has "heavy metals exceeding State and Federal Standards
on-site and potentially in off-site groundwater". However, because the sample was a "grab"
sample collected from an open hand auger boring and because the sample was not filtered prior
to being sent to the laboratory, there is a question as to whether the laboratory results are truly
representative of dissolved metals concentrations in water.
Phase II Environmental Investigation, ASEC, February 20, 2006
ASEC conducted a Phase II Environmental Investigation which involved the completion of 5
soil borings to depths of 10 to 15 feet below ground surface. Soil borings were installed using a
6-inch hollow stem auger and continuous core barrel. The 5 boring locations (see attached
ASEC Boring Location Map, 2/20/06) were selected with the intent of investigating possible
contamination in the areas of the effluent ditch, sludge ponds, debris piles and near-river (Clear
Creek) operations.
Of the 8 soil samples collected from the soil borings and analyzed for lead or RCRA 8 Metals,
one sample (SB-4, 1-2 feet) contained lead at a concentration (430 mg/kg) exceeding the
current Residential CDPHE CSEV of 400 mg/kg. The sample was collected in the former
sludge pond area.
Ms. Joyce Manwaring
January 21, 2009
Page 5 of 7
Metals concentrations in several ground water samples exceeded either the Primary or
Secondary Drinking Water Standards for lead and arsenic. There are questions about whether
these analytical results are representative of dissolved metals concentrations in groundwater.
However, there is not sufficient evidence to discount the analytical results obtained during this
sampling event.
This report also refers to "a newly discovered area in the northwest corner of the Site which
showed high levels of contamination". Soil samples collected in this area from borings SB-1
and SB-2 contained lead at concentrations below the Residential CDPHE CSEV of 400 mg/kg
and arsenic at concentrations within the range that is normally considered background. The
lead and arsenic concentrations in the soil samples collected from SB-1 and SB-2 are not
normally considered high, since they are below Residential levels for lead and within
background levels for Arsenic.
Phase II Environmental Site Assessment Report, ERM, November 2006
In September and October 2006, Environmental Resources Management (ERM) conducted a
Phase 11 Subsurface Investigation of the site. The investigation included installation of 5 new
groundwater monitoring wells and collection of soil and groundwater samples for laboratory
analysis. Subsurface soil samples were collected from four soil borings in the vicinity of the
former sludge pond. One composite surface soil sample was collected from the area of the
former effluent ditch.
SVOCs, PCBs and pesticides were detected in surface soil samples. However, none of these
constituents were present at concentrations above applicable cleanup levels.
Arsenic was detected in all of the subsurface soil samples collected at concentrations above the
risk-based remediation standard of 0.21 mg/kg and the CDPHE CSEV (Residential) of 0.39
mg/kg. Three subsurface soil samples (SS-1 0-2, SS-2 3-5, SS-3 3-5) contained arsenic at
concentrations greater than the 40 mg/kg (42.0 mg/kg, 53.1 mg/kg, 49.5 mg/kg, respectively)
concentration considered the upper end of the range considered to be typical background.
Lead was detected in SS-3 at a concentration (494 mg/kg) above the potential Residential
CDPHE CSEV of 400 mg/kg. All other concentrations were below potential soil remediation
objectives.
In the composite soil sample from the effluent ditch, arsenic was detected at a concentration
greater than the potential risk-based standard of 0.21 mg/kg as well as the upper end of the
typical background concentration of 40 mg/kg. Lead was also detected at a concentration
greater than the Residential/Unrestricted land use CDPHE CSEV standard of 400 mg/kg.
Dissolved lead and arsenic were detected in groundwater samples collected from several wells.
Arsenic was detected in MW-5 and lead was detected in MW-3, MW-4 and MW-5. However, all
of the concentrations were below the Colorado Basic Ground Water Quality Standards (March
2005).
Ms. Joyce Manwaring
January 21, 2009
Page 6 of 7
Voluntary Cleanup Plan, ERM, January 31, 2007
ERM prepared the Voluntary Cleanup Plan, Former Wastewater Treatment Plant Facility,
Northwest Lakewood Sanitation District, dated January 31, 2007. The plan summarized the
results of all of the soil and groundwater investigations that had been performed at the site and
proposed the following actions:
• Removal of material in the former sludge pond and drainage ditch to background levels
• Collection of confirmation samples from the sides and bottom of the excavations to be
analyzed for total metals. If confirmation samples indicate total arsenic or lead
concentrations exceed background/regulatory levels, additional excavation would be
required in the areas of exceedences.
• Installation of one additional groundwater monitoring well and one additional round of
water sampling.
• Preparation of a report documenting all soil excavation, confirmation sampling and
groundwater monitoring results. The report would contain waste manifests, soil volumes
removed, and confirmation laboratory analytical reports.
Jacobs understands that CDPHE has reviewed and approved the Voluntary Cleanup Plan and
remediation has been performed at the site. A closure report or post-remediation sample
results were not available at the time of this review.
March 2008 Arsenic Analytical Results, ERM, March 2008
A map showing the locations of 9 soil borings dated March 2008 (attached Figure 1, March
2008 Arsenic Analytical Results, ERM, 2008) shows locations of SB-14 through SB-22 and
shows arsenic concentrations at 0-0.5 feet, 1.0-1.5 feet and 2.0 to 3.0 feet in each boring. A
pattern on the map shows an area labeled "Fill Location". A total of eight samples contained
arsenic at concentrations greater than 40 mg/kg which is the upper end of the range of arsenic
concentrations usually considered to be background in the western United States and along the
Front Range. No written report was provided with the map.
4.0) Conclusions and Recommendations
In accordance with the recommendations in the Voluntary Cleanup Plan, Jacobs Carter Burgess
recommends that the actions listed above should be carried out upon approval of the plan by
CDPHE. A closure report should be prepared by the firm conducting the cleanup and submitted
to CDPHE for review.
The so-called "restricted area" in the northwest corner of the property contains arsenic in soil at
concentrations greater than background. It is recommended that this area be addressed as part
of the Voluntary Cleanup Plan or as a separate action. Soil containing arsenic at concentrations
greater than background levels and lead at concentrations exceeding Residential levels should
be removed and disposed at an appropriate permitted disposal facility. Confirmation sampling
of the underlying soil should be conducted to document the removal of soil containing arsenic at
levels above background.
Ms. Joyce Manwaring
January 21, 2009
Page 7 of 7
The results of groundwater sampling performed by ASEC for the Limited Phase II ESA (August
30, 2005) and the Environmental Investigation Report (February 20, 2006) have been
questioned by subsequent investigators due to irregularities in the sample collection methods.
Although the validity of the sample results has been questioned, Jacobs Carter Burgess has no
evidence, based on the review of these reports, to discount the sample results. Future
groundwater monitoring, as described in the Voluntary Cleanup Plan, is recommended to
evaluate groundwater quality at the site.
5.0) Limitations
This summary report was prepared for the exclusive use of the City of Wheat Ridge, Colorado.
No other party is intended as a beneficiary of this work, and other parties are prohibited from
relying on the information contained herein without prior written authorization from Jacobs
Carter Burgess.
The conclusions and recommendations provided in this report have been based on a review of
the documents listed above and provided by the City of Wheat Ridge. Environmental risks may
be present at the site and not documented in the reviewed reports. Therefore, Jacobs Carter
Burgess does not warrant, guarantee, or certify the accuracy or completeness of such
regulatory information. Jacobs Carter Burgess disclaims any and all liability for errors,
omissions, or inaccuracies in such information and data, and for any and all inaccurate
conclusions, inadvertent or otherwise, which may be based on such inaccurate information and
data obtained from third parties. The accuracy of this summary assessment is limited to the
data presented in those reports. This report cannot wholly eliminate uncertainty regarding the
potential for recognized environmental conditions in connection with the subject property.
This report does not constitute an appraisal of value or legal opinion, and Jacobs Carter
Burgess makes no representations or warranties of the fitness of the property for any use.
Jacobs Carter Burgess assumes no responsibility for misinterpretation or improper use of this
report. Jacobs Carter Burgess shall not be liable for any special, consequential or exemplary
damages resulting, in whole or in part, from the client's use of this report. Liability on the part of
Jacobs Carter Burgess is limited to the monetary value paid for this report.
Respectfully submitted,
, du~-
Craig M.rter, PG
Environmental Project Manager
Jacobs Carter Burgess
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(*1~5 5 Y~,se`mite 51, Suite 9110 Arsenic results are lu)~ted in mg/ Kg 0 50 100 1,90 ( nn`rn~c~u~~i \'illay e, (()tiUl I I ND = Arsenic not ilrtvt'lril Feet