HomeMy WebLinkAbout08/14/2006
6:30 p.m. Pre-Meeting
~\ ~ = ~\J'~;\
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
August 14. 2006
7:00 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROV AL OF MINUTES OF JulV 24, 2006
PROCLAMATIONS AND CEREMONIES
Annual Carnation Festival Week - August 12 - 19, 2006
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 be Jre the item IS
called to be heard
APPROVAL OF AGENDA
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1.
COUNCIL BILL 17-20.,JO - AN ORDINANCE PROVIDING FOR THE
APPROVAL OF AN AMENDMENT TO AN OUTLINE DEVELOPMENT
PLAN FOR PROPERTY ZONED PLANNED COMMERCIAL
DEVELOPMENT (PCD) FOR PROPERTY LOCATED WEST OF 1-70,
SOUTH OF ST ATE HIGHWAY 58 AND NORTH OF WEST 32ND
AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE
OF COLORADO
(Case No. WZ-06-03) (Coors Brewing Company and Cabela's)
a. Rezoning/Outline Development Plan
b Final Development Plan
C Final Plat
CITY COUNCIL AGENDA. August 14, 2006
Item 2.
Page -2-
COUNC .- BILL 01-2006 - AN ORDINANCE ENACTING CHAPTER 20
OF THE WHEAT RIDE CODE OF LAWS, ENTITLED STORMWATER
QUALITY AND CONTROL.
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 3.
Item 4.
Item 5.
Item 6.
Item 7.
RESOLUTION 35-2006 - AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN INTERG...: IEr.MENTAL AGREEMENT
BY AND BETWEEN THE' COUNTY OF JEFFERSON, STATE OF
COLORADO, AND THE _ TY OF WHEAT RIDGE, COLORADO,
REGARDING THE ADMINISTRATION OF THEIR RESPECTIVE DUTIES
CONCERNING THE t"''"''NDUCT OF Tf-:::: COORDINATED ELECTION TO
BE HELD ON NOVEf\.;.:.ER ::006.
RESOLUTION 36-2006 - AUTHORIZING THE APPROPRIATE CITY
Or=FICIALS TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT
BY AND BETWEEN THE COUNTY OF JEFFERSC'J, STATE OF
COLORADO, AND THE CITY OF WHEAT RIDGE, COLORADO,
REGARDING THE PRODUCTION OF A MAILED NOTICE
CONCERNING BALLOT: .SUES (TABOR)
RESOLUTION 37-2006 - APPROVING AN APPLICATION FOR A
$3,0'.0,000 LOAN FROM THE COLORADO STATE INFRASTRUCTURE
BANK FOR FUNDING OF THE 40TH AVENUE UNDERPASS OF
INTERSTATE HIGHWAY 70
RESOLUTION 38-2006 - AUTI-iJRIZING THE CITY TREASURER AND
DEPUTY CITY MANAGE!:;> TO ENTER INTO INVESTMENT
TRANSACTIONS ON BE-,ALF OF THE CITY IN ACCORDANCE WITH
TI-O::::: CITY OF WHEAT RIDGE INVESTMENT POLICY.
RESOLUTION 39-2006 - REFERRING TWO BALLOT QUESTIONS TO
THE REGIS-ERED ELECTORS OF THE CITY, CONCERNING
CONSTITUTIONAL REVENUE LIMITATIONS AND RETENTION OF
EXCESS REVENUE
CITY MANAGER'S MATTt.:RS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
~ ~ffruIm rDlm~
\tiIlJ II ~ lIJlIllP'J lJ lS0
CITY OF WHEAT RIDGE, COLORADO
July 24, 2006
Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p m Councilmembers
present: Karen Adams, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, Mike Stites,
and Terry Womble; Councilor Karen Berry was absent. 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 July 10,2006
Motion by Mr Schulz and Mrs. Sang for approval of the Minutes of July 10, 2006, seconded by
Mr. Womble, carried 6-0, with Mrs Adams abstaining.
PROCLAMATIONS AND CEREMONIES
Mayor DiTullio introduced the Annual Business Awards The following awards were presented:
.:. The Cultural Award was presented to Cutting Edge Framing and Gallery by Cultural
Commissioners Joyce Jay and Geoff Wodell. Accepting the award was Bruce Buckler,
Owner
.:. The Reinvestment Award was presented to The Foothills Group by Council President
Mike Stites and Councilor Karen Adams. Accepting the award was Mike Wieman,
Owner
.:. The Small Business of the Year Award was presented to Down River Equipment by
Mayor Pro-Tem Wanda Sang and Councilor Dean Gokey Accepting the award was
Christine Wolfe and Mike Prosser, Owners.
.:. The Prestigious Business of the Year Award was presented to ARC Wireless
Solutions by Councilor Terry Womble Accepting the award was Randall Marx, Chief
Executive Officer
.:. The Volunteer of the Year Award was presented to Cheryl Brungardt by Councilors
Lena Rotola and Larry Schulz.
.:. The Community Partnership Award was presented to Zarlengo Raub by Council
President Mike Stites. Accepting the award were Carol Wilson and Diane Newmeyer.
Mayor DiTullio announced the Business Appreciation Luncheon on Friday, August 4th at the
Recreation Center. Please contact Barb Delgadillo at (303) 235-2806
Mayor DiTullio called a recess at 7 16 P m for a short reception The meeting reconvened at
7 36 P m.
CITY COUNCIL AGENDA. July 24,2006
Page -2-
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1.
COUNCIL BILL 16-2006 - AN ORDINANCE PROVIDING FOR THE
APPROVAL OF REZONING FROM AGRICULTURE ONE (A-1) TO
PLANNED RESIDENTIAL DEVELOPMENT (PRD) FOR PROPERTY
LOCATED AT 5220 QUAIL STREET, CITY OF WHEAT RIDGE, COUNTY
OF JEFFERSON, STATE OF COLORADO.
(Case No WZ-06-02) (Wilson Community Development)
Mayor DiTullio opened the public hearing.
Council Bill 16-2006 was introduced on second reading by Mrs. Rotola She read the
executive summary City Clerk Pam Anderson assigned Ordinance No 1366
Mayor DiTullio administered the oath to all present who wished to testify on this item
Alan White presented the staff report and entered into the record the comprehensive
plan, the zoning ordinance, the case file and packet materials, and the digital
presentation He stated that all notification and posting requirements have been met;
therefore, there is jurisdiction to hear the case
Steve Wilson, Wilson Community Development, representing himself as purchaser of
this property as well as Charles and Jill Richardson, the owners of the property He
spoke to the history and nature of the proposed development, the site design, and the
drainage plan. He submitted a proposed amendment to the ordinance concerning the
street frontage setback.
City Council asked questions of the applicant and staff
Mayor DiTullio closed the public hearing
Motion by Mrs Rotola to approve Council Bill 16-2006 (Ordinance 1366) for the
following reasons:
1 A change in character has recently occurred in the area Adjacent properties
have been rezoned and developed with single-family residential homes. A large
retail center has been constructed within Yz miles of the subject property A
proposed light rail line will be located just south of Ridge Road These changes
create a favorable climate for additional residences
2 The change in zone is compatible with the new development to the east and the
proposed Arvada Comprehensive Plan update directly to the west.
CITY COUNCIL AGENDA: July 24, 2006
Page -3-
3 Adequate infrastructure will be constructed as a result of development. Two
existing roads will be widened and improved, and two new streets will be
constructed Sidewalks will be constructed adjacent to the new public streets to
serve the neighborhood These additions and alterations will improve the
vehicular and pedestrian traffic in the area
4 The change in zone will not adversely affect the public health, safety or welfare,
nor will it create an isolated or spot zone district.
5 The change in zone will be in conformance with several goals of the
Comprehensive Plan, specifically providing quality aesthetically pleasing
housing, providing a variety of housing and development that is a contribution to
and compatible with the surrounding neighborhood.
With the following conditions:
1. The note on the ODP in Character of Development shall be amended to read
"Accessory structures larger than 120 square feet in area shall be constructed of
materials and painted in a manner similar to and compatible with the primary
structure"
2 The front setback shall vary a minimum of 2 5 feet so that no more than one-half the
lots on any street frontage shall have homes with setbacks of 20 feet. At least 25%
of the homes shall have setbacks of 22.5 feet or 25 feet respectively No more than
three adjacent structures shall have the same front setback.
Seconded by Mr Womble, carried 7-0
Item 2.
Public Input for 2007 Budget.
Mr Stites introduced the item and read the executive summary.
Pat Harrison, Principal of Wheat Ridge High School, Lorraine Wright, 9945 W 34th
Drive, Nick DeSimone, Athletic Director and Assistant Principal of Wheat Ridge High
School, spoke to City Council and made a PowerPoint presentation regarding a
proposed initiative to fund synthetic turf for the new athletic fields currently being
constructed. Mr Harrison outlined the initiative, the benefits, and the funding goals He
asked Council's consideration under the 2007 budget for a funding contribution to the
initiative. Mr. DeSimone spoke regarding the monetary and environmental benefits to
artificial turf
ORDINANCES ON FIRST READING
Item 3.
COUNCIL BILL 19-2006 - AN ORDINANCE AMENDING SECTION 26-
623 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING
EXCAVATION AND DEPOSIT CONTROL.
Council Bill 19-2006 was introduced on first reading by Mr Gokey
CITY COUNCIL AGENDA: July 24, 2006
Page -4-
Motion by Mr Gokey to approve Council Bill 19-2006 on first reading, order it published,
public hearing set for Monday, August 28, 2006 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 7-0
Item 4.
COUNCIL BILL 20-2006 - AN ORDINANCE AMENDING SECTIONS 26-
204 AND 26-613 OF THE CODE OF LAWS TO INCLUDE MASSAGE
THERAPY
Council Bill 20-2006 was introduced on first reading by Mr Gokey.
Motion by Mr Gokey to approve Council Bill 20-2006 on first reading, order it published,
public hearing set for Monday, August 28, 2006 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 7-0
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 5.
Award of Purchase for playground equipment at Louise Turner Park in the
amount of $34,883 00
Item 5 was introduced by Mr Stites. He read the executive summary
Motion by Mr. Stites to award the purchase of new playground equipment for Louise
Turner Park to Recreation Plus, Ltd Of Golden, Colorado in the total amount of
$34,88300 to be charged to Acct. No. 54-601-800-877, seconded by Mrs Adams,
carried 7-0
Item 6.
Amendment to Planning Commission Bylaws.
Item 6 was introduced by Mr Schulz and he read the executive summary.
Motion by Mr Schulz to approve the amendments to the Planning Commission bylaws
as presented, seconded by Mr Womble and Mrs Rotola, carried 7-0.
Item 7.
Acceptance of the 2005 Comprehensive Annual Financial Report (CAFR)
Item 7 was introduced by Mr Schulz and he read the executive summary
Motion by Mr. Schulz to accept the 2005 CAFR from Swanhorst & Company, LLC,
seconded by Mrs. Adams
Deputy City Manager Patrick Goff introduced Wendy Swanhorst and Kyle Logan from
Swanhorst & Company, LLC Mr. Logan formally presented the document and made a
brief presentation
CITY COUNCIL AGENDA. July 24, 2006
Page -5-
City Treasurer Mary Cavarra complimented Patrick Goff and the City Staff for the work
that they do She complimented Swanhorst & Company for the integrity with which they
do their work. She updated the Council on the sales tax software system and the plans
to investigate net-based systems.
Motion carried 7-0
Item 8.
RESOLUTION 34-2006 - AMENDING THE 2006 BUDGET TO REFLECT
THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN
THE AMOUNT OF $246,000 FOR MARKET ADJUSTMENTS TO
EMPLOYEE COMPENSATION PLANS
Resolution 34-2006 was introduced by Mrs. Sang and she read the executive summary
Motion by Mrs. Sang to approve Resolution 34-2006; seconded by Mrs Rotola,
carried 5-2, with Mr Gokey and Mr Womble voting no
Item 9.
Motion to allow for the use of banners for the Wheat Ridge Carnation
Festival and Pararle scheduled for August 16 through August 19, 2006
Item 9 was introduced by Mr Womble Mr Womble read the executive summary
Motion by Mr Womble to allow for the use of banners for the Wheat Ridge Carnation
Festival and Parade scheduled for August 16 through August 19, 2006, seconded by
Mr Schulz; carried 7-0
ELECTED OFFICIALS' MATTERS
Motion by Mrs. Sang to put a discussion of earmarking the $54,000 budget question to
the August 7 Study Session, seconded by Mr Womble
Motion to amend by Mrs. Adams, if the Council President feels there is time at that
Study Session, to expand the discussion to look at the possibility of keeping future
monies, seconded by Mrs Rotola; carried 7-0
Original motion as amended carried 7-0
CITY COUNCIL AGENDA: July 24, 2006
Page -6-
Motion by Mrs. Rotola to start the August ih Study Session at 6'00 p.m ; seconded by
Mrs. Sang, carried 7-0.
Meeting adjourned at 9'14 p.m
APPROVED BY CITY COUNCIL ON AUGUST 14, 2006 BY A VOTE OF to
Mike Stites, Council President
The preceding Minutes were prepared according to ~47 of Robert's Rules of Order, i e
they contain a record of what was done at the meeting, not what was said by the
members Recordings and DVD's of the meetings are available for listening or viewing
in the City Clerk's Office, as well as copies of Ordinances and Resolutions.
PROCLAMATION
ANNUAL CARRA TION FESTI" AL WEEK
August 12th -19th, 2006
WHEREAS, the Wheat Ridge Carnation Festival, an annual event, is
celebrating its 37th year; and
WHEREAS, the Carnation Festival is a series of events in the community
commemorating the history and traditions of Wheat Ridge and
celebrating our citizens, businesses and service organizations; and
WHEREAS, the Carnation Festival mission is to showcase a Wheat
Ridge-specific community celebration featuring all the uniqueness and
positive energy that our city & its residents have to offer through a
broad-based and diverse effort; and
WHEREAS, just a few of the events scheduled for the three-day
Carnation Festival at Anderson Park (44th Avenue and Field Street) from
Thursday through Saturday include nightly concerts in the park, various
contests and booths, artistic and cultural events and displays, and
events for kids of all ages; and
WHEREAS, the Festival includes a Fireworks Extravaganza at Anderson
Park on Friday Night and a Carnation Festival Parade on Saturday at
10:00 a.m. along 38th Avenue;
NOW, THEREFORE, on behalf of the City Council I do hereby
proclaim August 12th through 19th, 2006
CARNATION FESTIVAL WEEK
IN WITNESS WHEREOF, I do hereby set my hand and Seal of
the City of Wheat Ridge this 9th day of August, 2006.
Jerry DiTullio, Mayor
Pamela Y. Anderson, City Clerk
ITEM NO' L
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE.
August 14, 2006
TITLE:
COUNCIL BILL NO. 17-2006, AN ORDINANCE PROVIDING FOR
APPROVAL OF AN AMENDMENT TO AN OUTLINE
DEVELOPMENT PLAN FOR PROPERTY ZONED PLANNED
COMMERCIAL DEVELOPMENT (PCD) AND A FINAL
DEVELOPMENT PLAN AND FINAL PLAT FOR PROPERTY
LOCATED WEST OF 1-70, SOUTH OF HIGHWAY 58, NORTH OF
WEST 32ND AVENUE AND EAST OF ELDRIDGE STREET (CASE
NO. WZ-06-03 & WS-06-01lCABELA'S & COORS)
[g] PUBLIC HEARING
D BIDS/MOTiONS
D RESOLUTiONS
D ORDINANCES FOR 1ST READING (Date' JuIv 10, 2006)
[g] ORDINANCES FOR 2ND READING
Quasi-Judlclal.
[g]
Yes
D
No
{1~~
Commumty Development Dlrector
U\f-lrl City Manager
EXECUTIVE SUMMARY:
Cabela's and Coors are requestmg an amendment to an existing Outline Development Plan. The
property IS currently zoned Planned CommercIal Development (PCD) and IS located west of 1-70,
south of State Highway 58, north of West 32nd Avenue and east of EldrIdge Street. The subject parcel
IS approximately 178 acres in size. The amendment to the ODP Will allow a greater range of allowed
uses and will establish development standards. The expanded hst of allowed uses would allow a Wide
range of commerCial uses and a few hght mdustnal uses. The eXlstmg ODP allows only water storage
and depOSitIOn and excavatIOn. The site IS currently vacant and contams a 28 acre water storage
facility.
An Outlme Development Plan, Final Development Plan and Final Plat are bemg reviewed concurrent
wIth the second readmg. The Amended Outlme Development Plan creates a wlde range of allowed
uses and establishes development standards. The FDP details the site development of the 36-acre
Cabela's parcel. The Fmal Plat subdIvides the property mto smaller developable parcels.
This request relates to City Council goals of the CIty being prepared for growth and opportumtles and
the 1-70 corridor as a major commercial center.
Planning Commission heard the request on June 15, 2006, and recommended approval WIth
condltlons.
COMMISSION/BOARD RECOMMENDATION:
Plannmg CommiSSIOn heard the request on June 15, 2006, and recommended approval of all three
Items, With some condltlons. Staff and the applicant agree With all of the recommended conditions.
Outline Development Plan
Planning CommIssIOn recommended approval ofthe Outline Development Plan for the following
reasons:
1. A change in character has occurred in the area. The property has historically been used
as a gravel mme while the area whIch surrounds the property has been developed and
redeveloped as commercial and mdustnal propertIes.
2. The request will brIng the property mto conformance with the goals and poliCies ofthe
Comprehensive Plan. The properties contam commercial and mdustrial deSIgnatIOns.
The range of allowed uses is consistent WIth the future land use designatIOn defined m
the Comprehensive Plan.
3. The constructIOn of roadway Improvements will adequately accommodate the
addItional traffic volumes produced by the proposed uses. The Improvements will not
only benefit the development onslte, but also the surroundmg properties.
4 The proposed uses will be compatible WIth the surroundmg area, speClfically the
commercial propertIes dIrectly to the south, the commercial shopping center to the east
ofI-70 and the industrial park north of Highway 58 ReqUired buffers Will mImmize the
Impacts to adjacent residentlal uses.
5 The request WIll be a benefit to the CIty, County, School DIstnct and specIal dlstncts
by provldmg additional tax revenue, added retail and service estabhshments, addltlonaI
employment and the mstallatlon of pedestrIan connections to Clear Creek trails.
'6 The request WIll not create an Isolated or spot zone dlstnct.
7 The request will not adversely affect pubhc health, safety or welfare.
With the followmg conditIOns.
The easements or nght-of-way needed for the constructIOn ofCabela Dnve where It
crosses Jefferson County property and off-Site to the State Highway 58 mterchange and
to West 32nd Avenue shall be secured pnor to the Issuance of any building permIt.
2. The traffic Improvements labeled as 'Year 2008 Improvements' in the traffic study
dated June 2006 shall all be constructed prIor to the Issuance of any certificate of
occupancy. These Improvements shall addltlOnally mclude the pedestnan trails on the
west side of Cabela Drive and the west Side of the frontage road.
3 A note shall be added to the Outlme Development Plan which reads: "Freestanding
signs that do not exceed 15 feet in height must have a 10 foot setback from any
property line. Freestanding signs which are more than 15 feet in height must have a 30
foot setback from any property line."
4 The footnote under Development Standards which references increased sIde and rear
yard setbacks where adjacent to rIght-of-way shall be removed.
5. The reqmred front yard setback for parcel 5 shall be reduced to 15 feet.
6. The language which regulates slgnage shall be modified to include an allowance for
wall and freestandmg signage for parcel 10
7 The use chart shall be modified as It relates to processing and assembly to read:
"processing, assembly or light industrial operations."
8. A preponderance of trees shall be added to the buffer area.
9. There shall be no buildings, SIgns or parking allowed wIthin the buffer area.
1 O. Free standmg lights may be a maximum heIght of 25 feet.
Conditions 3-10 as suggested by Plannmg CommIssion have been rectified. CondltlOns 1 and 2 are
still valid conditions of approval and need not be mcluded m Council's motion.
Final Development Plan
Planmng CommisslOn recommended approval of the Final Development Plan for the followmg
reasons:
1. The Final Development Plan meets the development standards as listed on the Outlme
Development Plan.
2. The Final Development Plan meets the reqmrements for Fmal Development Plans, as
defined m ArtIcle ill of the Code of Laws.
With the followmg condition:
1 A ten-foot pedestnan traIl shall be shown on the north Side of West 40th Avenue on the
Fmal Development Plan.
The recommended conditlOn of approval has been addressed and need not be mcluded m Council's
motion.
Final Plat
Plannmg CommlsslOn recommended approval ofthe Final Plat for the followmg reasons
1 All reqUirements of the SubdlvlslOn RegulatlOns have been met.
2. All reqmred utlhty easements are bemg provIded.
3. Adequate mfrastructure WIll be constructed WIth the development to serve the proposed
use.
STATEMENT OF THE ISSUES:
Access
The site will be served by multiple access pomts, from 1-70, a new underpass at W. 40th Avenue
property line. Freestanding signs which are more than 15 feet in height must have a 30
foot setback from any property line."
4. The footnote under Development Standards whIch references mcreased sIde and rear
yard setbacks where adjacent to nght-of-way shall be removed.
5. The reqUIred front yard setback for parcel 5 shall be reduced to 15 feet.
6. The language whlch regulates slgnage shall be modified to mclude an allowance for
wall and freestandmg slgnage for parcel 10
7. The use chart shall be modified as It relates to processing and assembly to read:
"processing, assembly or light industrial operations"
8. A preponderance of trees shall be added to the buffer area.
9 There shall be no buildings, SIgnS or parking allowed within the buffer area.
1 O. Free standmg lIghts may be a maxImum height of 25 feet.
ConditiOns 3-10 as suggested by Planmng Commission have been rectified. ConditiOns 1 and 2 are
still vahd conditIons of approval and need not be mcluded m Council's motIon.
Final Development Plan
Planning Commission recommended approval of the Final Development Plan for the followmg
reasons:
1 The Final Developrnent Plan meets the development standards as lIsted on the Outlme
Development Plan.
2. The Final Development Plan meets the requirements for Final Development Plans, as
defined in ArtIcle III of the Code of Laws.
With the following condition.
1 A ten-foot pedestnan traIl shall be shown on the north Side of West 40lh Avenue on the
Final Development Plan.
The recommended condItIon of approval has been addressed and need not be mcluded m Council's
motIon.
Final Plat
Plannmg CommIssion recommended approval ofthe Final Plat for the followmg reasons:
1 All reqUIrements of the SubdIVIsiOn RegulatiOns have been met.
2. All reqUIred utilIty easements are bemg proVIded.
3 Adequate mfrastructure will be constructed WIth the development to serve the proposed
use
STATEMENT OF THE ISSUES:
Access
The sIte WIll be served by multiple access pomts; from 1-70, a new underpass at W 40th A venue
as a gravel mine while the area whIch surrounds the property has been developed and
redeveloped as commercial and mdustnal propertIes.
2. The request will bnng the property mto conformance wIth the goals and pol1cles of the
ComprehensIve Plan. The properties contam commerclal and mdustrIal desIgnatIons.
The range of allowed uses IS consistent wIth the future land use desIgnatIOn defined m
the Comprehensive Plan.
3 The construction of roadway Improvements will adequately accommodate the
additional traffic volumes produced by the proposed uses. The Improvements will not
only benefit the development onsite, but also the surroundmg properties.
4. The proposed uses will be compatible with the surroundmg area, specIfically the
commercIal properties directly to the south, the commercial shoppmg center to the east
ofI-70 and the industnal park north of Highway 58 ReqUired buffers Will mmimIze the
impacts to adjacent reSldentlal uses.
5. The request will be a benefit to the CIty, County, School DIstnct and special dIStrICtS
by provldmg additional tax revenue, added retail and service establishments, addItional
employment and the mstallatIOn ofpedestnan connectIons to Clear Creek trails.
6 The request will not create an isolated or spot zone dIStrICt.
7. The request Will not adversely affect publ1c health, safety or welfare.
With the followmg condltlons:
I The easements or right-of-way needed for the constructIOn of Cabela Dnve where It
crosses Jefferson County property and off-SIte to the State Highway 58 mterchange and
to West 32nd Avenue shall be secured prior to the Issuance of any building permIt.
2. The traffic improvements labeled as 'Year 2008 Improvements' in the traffic study
dated June 2006 shall all be constructed pnor to the issuance of any certlficate of
occupancy These improvements shall addItIonally mclude the pedestnan traIls on the
west Side of Cabela Dnve and the west side of the frontage road.
Final Development Plan
"I move to approve Case No WZ-06-03, a request for approval of a Final Development Plan for
property located generally west ofI-70, south of Highway 58, north of West 32nd Avenue and east
of Eldndge Street, for the followmg reasons:
1 The Fmal Development Plan meets the development standards as I1sted on the Outlme
Development Plan.
2. The Final Development Plan meets the reqUirements for Final Development Plans, as
defined m Article III of the Code of Laws."
Final Plat
"1 move to approve Case No WS-06-01, a request for approval of a ten lot subdiVision plat for
property located generally west ofI-70, south of Highway 58, north of West 32nd Avenue and east
of EldrIdge Street for the followmg reasons.
1 All reqUirements of the SubdlVisIOn RegulatIOns have been met.
2. All reqUlred util1ty easements are bemg provIded.
3 Adequate mfrastructure WIll be constructed wIth the development to serve the proposed
use."
Report Prepared by: TravIs Crane
Reviewed bY' Alan White
Attachments:
1 Plannmg CommIssIOn Staff Report (WIth exhibIts)
2 Letter of Support dated 14 June 2006
3 Council Bill No 17-2006
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO' Planning Commission
CASE MANAGER. Travis Crane
CASE NO. & NAME. WZ-06-03 & WS-06-0I/Coors & Cabela's
DATE OF MEETING June 15,2006
ACTION REQUESTED'
Approval of an amendment to an existing Outline Development Plan, a Final
Development Plan and a Final Plat
LOCATION OF REQUEST ^ Parcel west ofl-70, south of Highway 58 and north of West 32"u Avenue
APPLICANT (S): Cabela's/Coors
OWNER (S): Same
APPROXIMATE AREA. 178 acres
PRESENT ZONING Planned Commercial Development (PCD)
COMPREHENSIVE PLAN Commumty Commercial (CC), Business Park (BP) & Open Space
Location Map
-
Planning ('ommission
('ase W/-06-03 & WS-06-0 t ICoors & ('abela's
ATTACHMENT 1
All notificatIOn and postmg requirements have been met; therefore, there is jUDsdlction to make an
admimstratIve decisIOn on this matter
I. REQUEST
The apphcants are requestmg approval of an amendment to an eXisting Outlme Development Plan to
allow a greater range of allowed uses, a Final Development Plan for a portIOn of the property and a
Fmal Plat for the entIre property (Exh1J"it 1, Letters of Request). The applicants are initIally requesting
to develop approximately 36 acres of the site with a retail store. The property IS currently vacant, and
IS located west ofI-70, south of Highway 58 and north of West 32nd Avenue. The property IS
approximately 178 acres in size.
II. PROPERTY HISTORY
The subject properties were annexed into the Clty of Wheat Ridge in February 2005 Pursuant to State
statute, zomng must be established on annexed properties wlthm 90 days. As a result, an Outlme
Development Plan was submitted and approved by Clty Council m May 2005 (Ex.hibit 2, 2005
Coors/Cabela's ODP) ThiS ODP allowed a very limited range of uses, mcludmg water storage,
excavatIOn and deposition ofmatenal to reclaim a gravel mine. At the same tIme, a Final Development
Plan was reviewed and approved by Clty Council only for the portion of property to be used as a water
storage facility in the southwest comer ofthe property SpeCial use permits have also been granted m
conjunctIOn With the excavatIOn and fill depOSitIOn operations.
III. OUTLINE DEVELOPMENT PLAN
The apphcants are requestmg an amendment to the existmg ODP which would allow a Wide range of
commeTCIal uses (~x.bibit3, 2006 Coors/Cabela's ODP) The ODP will estabhsh development
standards and allowed uses. The ODP shows general parcel locatIOns and access pomts. The
ComprehenslVe Plan Future Land Use Map deSignatIOn for thiS property IS Community Commercial,
Planned Business/Industnal Park and Open Space.
Current Land Use
The majonty ofthe property IS currently vacant, With a 28-acre water storage facility located m the
southwest comer An eXlstmg resldentIal structure remams towards the south edge of the property on
parcel 3.
Allowed Uses
The ODP Will establish allowed uses for each parcel ofland m the development area. A use matnx has
been mcluded which details, by parcel, the allowed uses. The chart shows "allowed" m a column
where a use IS allowed for a particular parcel. If the word "allowed" IS not present, the use is not
allowed. The lot numbers at the top of the matnx correspond With the parcel numbers shown on the
site plan (page 2 under Allowed Uses) Each parcel has different charactenstIcs and dynamiCS, and
therefore dlfferent allowed uses. For example, the parcels dlrectly to the north of the eXlstmg
residential will contalll less llltensive uses and greater buffenng to lessen the impact. Conversely,
those parcels which Will be adjacent to Highway 58 may support more mtenslve mdustrIal uses.
The allowed uses have been modeled after the existmg C-l and industrIal zone diStrictS, With some
undesuable uses omitted. Auto-onented uses, speCial uses and very mtenslVe mdustnal uses such as
storage yards have been removed from the use matrIx, and thereby are not allowed. 1\1any uses are
Planning Commission
Case WZ-06-03 & WS-06~Ol/Coors & Cabela's
2
being strIctly prohibIted; uses such as adult busmesses, auto service and sales, bed and breakfast
homes, storage yards, construction or heavy eqUIpment sales and mmi warehouses.
Water storage IS an allowed use on parcel 6 and parcel 8 Parcel 6 IS the current locatIon for the newly-
constructed water storage facilIty Parcels 1-5 are envisIOned as commercIal retail parcels. Parcel 3
contams an existing vacant resIdential structure. As a result, resIdentIal has been mcluded as an
allowed use only on parcel 3 A note has been added under Allowed Uses whIch allows the resIdentIal
to remam, untIl such tIme that a Final Development Plan has been approved. Parcels 7-10 also allow
retail, but also mclude more industnal uses. It should be noted that parcel 8 is encumbered by the 100-
year flood plam and contams steep grade changes, makmg development extremely difficult. However,
a list of allowed uses has been IdentIfied for parcel 8 should a developer wish to Improve the property.
Staff recommends that the use hsted as "Processing, assembly or light" be completed to read
"Processing, assembly or light industrial operations"
Comprehensive Plan
Because one component of the request lS for a rezoning, the Comprehensive Plan must be exammed.
The Comprehensive Plan defines goals, pohcles, future land use and deSired attributes of development
or redevelopment. The Future Land Use deSignatIOn for these properties IS CommunIty Commercial
(CC) for the area south of Clear Creek, Planned Busmess/IndustrIal Park (BP) for the area north of
Clear Creek and a portIOn of Open Space just north of Clear Creek. The proposed uses lIsted on the
ODP are consistent wIth these respectIve deSIgnatIons.
Commumtv CommerCial (CC)
The ComprehensIVe Plan Commumty Commercial Center designation is defined as.
" uses adjacent to 1-70 which are intended for non-residential uses whose market area extends
beyond the City of Wheat Ridge. Businesses in these areas serve the traveling public and are
dependant on highway access and/or visibility. These developments contain a mixture of
complementary uses such as retail and office and provide pedestrian connections within the site and to
adjacent properties These activities generate a substantial amount of revenue for the City and it is
important that the viability and attractiveness of these sites be maintained. "
Some deSired attributes of the CC deSignation are
. Adequate access from regIOnal roadways
. Uses that proVIde services for the travelmg pubhc
. Controlled access onto arterIal and collector streets through minImal curb cuts
. A mixture of complementary uses such as retail and office
. Compact development that IS well landscaped, no outdoor storage, screened trash areas
. Pedestnan connectIOns wlthm the sIte and from the site to adjacent uses
. Uses that generate sales tax revenues m support ofpubhc servlces and faCIlItIes
The property has vIsibilIty from and access to a state highway and an mterstate. The hst of allowed
uses will provide services to the traveling public. All access points to Cabela Drive will be controlled
access pomts, consohdated and alIgned so as to mmlmlze traffic conflicts. The ODP IS establIshing
mlmmum landscape coverage of 20 percent. All trash areas will be screened. Several pedestnan trail
connectIOns are bemg ldentified on the ODP that Will not only serve the subject parcels, but also the
surroundmg areas. Any retail use located on the property will generate sales tax revenue for the City
Planning C'ommlsslon
Case WZ-06-0J & WS-06-01/Coors & Cabela's
3
AdditIOnally, some of the desIred uses in the CC designated areas are:
. Lodging and meetmg facilItIes
. Gas statIons
. Restaurants
. Destination retaIl ( e.g. establIshments sellmg durable goods, c!othmg, groceries and specialty
Items)
. TranSit facilItIes and amemtIes
. Entertainment complexes
All of these uses, except gas statIOns, are allowed uses on the ODP.
Planned Busmess/Industnal Park (BP)
Planned Business/Industrial Park IS defined as.
" These areas have access to 1-70 and are generally located north and west of the interstate. These
parks are designed as an integrated planned development under unified control and development
standards. These parks are designed with a campus-like setting and contain clean, light industrial
uses Amenities such as outdoor sitting and eating areas and pathways should be encouraged on-site
for employees. "
Some desired attributes of the BP deSIgnatIon are:
. Well buffered to mlnImlZe negatIve Impacts to adjacent neIghborhoods and reSidential uses
. Pedestnan connectIOns within the sIte and from sIte to adjacent uses
. ConnectIOns to local regIOnal bicycle path systems
. Businesses that reqUire shippmg or delIveries by semi-trucks
The parcels which mclude hght mdustnal uses (WhICh are the same parcels deSignated BP on the
Future Land Use map) are located north of Clear Creek, just south of Highway 58. These two features
will act as a buffer from adjacent propertIes. There are no reSIdentIal propertIes m the ImmedIate
vicmlty of these parcels. Several pedestnan trail connectIons are being IdentIfied on the ODP that will
not only serve the subject parcels, but also the surroundmg areas. The lIst of allowed uses IdentIfies
hght mdustnal operatIOns which may utilize shlppmg from semI-trucks.
The ComprehenSIVe Plan also contams goals and poliCIes for commercIal development or
redevelopment. The followmg are goals which relate to the proposed rezonIng and subsequent site
development:
Goal - Provlde convemently located and attractIve commerCial, office and servIce uses that meet the
needs ofthe City and are compatible yet well buffered from surroundmg areas.
Goal - All new commercIal development or redeveloped commerCial areas shall be deSIgned to
mInImIze effects on nearby reSidentIal uses.
Goal - Any new or redeveloped commercial slte, whether public or prIvate, shall respect or
mcorporate as appropnate any adjacent CIvic mvestment be It a park, recreational faCility or CIVIC
amemty
Planning Commission
Case WZ-06-0J & WS-06-01/Coors & Cabela's
4
Polley - The City shall reqmre that any future commercIal development mclude contmuous
mtemal dnves and contmuous pedestnan paths connectmg to adjacent busmesses and streets
wIthout dlrectmg traffic through adjacent residential neIghborhoods.
PolIcy - New commercIal development or redevelopment projects shall demonstrate measures
taken to reduce likely neIghborhood impacts. Such measures shall be consIdered m the reVIew
of any new application to the Clty. The Planning Department and Plannmg CommissIOn shall
pay partIcular attention to' traffic generatIOn, mgress and egress, dIstributIOn of new tnps,
landscape buffenng between uses, Impact on view comdors, solar access and nOise Impacts.
Policy - At least 15% of the gross site area of any new commercial development or
redevelopment project shall be landscaped wIth hve plant matenal. AddItional buffenng, III the
form of landscaplllg, may be required for sites adjacent to reSidential, agricultural or
envIronmentally senSItive areas.
Policy - All new commercial development or redevelopment project shall be reqmred to
lllcrease pedestrIan activIty and proVide open, natural areas, sufficient landscaping and seatlllg
and shelter for pedestrians.
The standards and uses established on the ODP (and subsequent development of the parcels) will meet
the llltent of these goals. The propertIes will be appropriately desIgned to proVIde attractive buslllesses
which are adequately buffered from surroundlllg reSIdential propertIes. The wIder range of commercIal
uses will serve the needs of the CIty and surrounding communities. Several pedestnan trail
connectIOns are bemg establIshed on the Outline Development Plan which would proVide a benefit to
the communIty
Landseaping
The ODP IS propOSlllg mlrumum landscape coverage of 20% per lot. This mimmum amount of
landscaplllg is Identical to the reqmrement for any commercIally zoned property The ODP also
specifies that one tree is reqmred for each 50 feet of road frontage. ThIS street tree standard belllg
establIshed on the ODP IS less than the one tree per 30 feet of frontage whIch IS reqUired by the Code
of Laws. The ODP requires one tree and 5 shrubs for each 1,000 square feet of landscaped area. ThiS
standard IS also less than the Code reqUirement of one tree and 10 shrubs for each 1,000 square feet of
reqmred landscaped area. Although these standards are lower than the Code reqUirements for
commerClally zoned properties, the ODP process allows the flexiblhty III creating development
standards which are unique to a specIfic property. The ODP references SectIOn 26-502 (landscaplllg)
for all other landscaplllg reqmrernents.
Detailed landscape plans are reqmred for each Final Development Plan. These detailed plans will
show the locatIOn and type of landscaplllg to be lllstalled for each parcel.
Lot Coverage
The ODP sets maximum lot coverage for each parcel. Maxlmums vary by lot, but they are generally
around 10%. The one exceptIOn IS parcelS, which IS set at 25%. It lS lmportant to note that the ODP lS
establIshlllg a floor area ratIO, or percentage of parcel which can be covered by a structure. For
example, parcel 1 IS 1,586,455 square feet III size. The ODP allows a maximum F.A.R. of 0 12 (12%)
ThIS would allow a bmldlllg no larger than 190,374 6 square feet III Size, or half ofthat In 2 stOrIes.
Planning Commission
Case WZ-06-03 & WS-06-01lCoors & Cabe!a's
5
The Code of Laws treats lot coverage as any area covered by structures and pavement. Based on a
twenty percent mimmum landscaped area reqUIrement, the lot coverage (bUIldmgs plus paved areas)
cannot exceed 80% of any parcel. ThIS lot coverage standard IS Identical to the requirement for any
commercially zoned property
Parking
Minimum parkmg reqUIrements are being estabhshed on the ODP. Parcels 1-5 and 7-10 must provIde
one parkmg space for each 200 square feet of building square footage, less 10 percent. This IS Identical
to the CIty'S standard for retail uses. The Code of Laws allows a ten percent reductIOn m bUIldmg
square footage for the purpose of calculatmg reqUIred parkmg. ThIs ten percent reductIOn IS to account
for stalrways, hallways, mechanical rooms, restrooms and kitchens - areas whIch should not be
mcIuded m parkmg calculatIOns. Parcel 6 reqUIres two parking stalls for mamtenance vehicles. ThIs
parcel wlll not mclude commercIal activIty; therefore commercIal parking standards do not need to be
established.
Building Setbacks/Height
The ODP estabhshes mlDlmum front yard, Side yard and rear yard buildmg setbacks for each parcel.
The reqUired setbacks dIffer by parcel. All parcels are reqUIred to have a mmimum 10 foot SIde yard
setback and a mmlrnum 15 foot rear yard setback, wIth the exceptIOn of parcel 4 ThIS parcells located
dIrectly adjacent to eXlstmg residential, and therefore has a larger reqUIred SIde yard setback. Parcel 4
is required to have a rnmlmum 20 foot SIde yard setback. Parcels I, 5, 7, 9 and 10 are reqUired to have
a 30 foot minimum front yard setback while parcels 2, 3 and 4 are reqUired to have a 15 foot miDlmum
front yard setback. Staff feels that the front yard setback for parcelS should be reduced to 15 feet to
allow for the abihty to desIgn m a neo-tradltlOnal manner. It should be noted that m commercIal zone
dlstncts a mlDlmum 50 foot front yard setback for commercIal properties IS reqUired, wIth an
allowance to reduce the front yard setback to 30 feet where the front yard is entirely landscaped.
A footnote has been mcIuded under the Development Standards chart WhICh references a 30-foot
reqUIred side or rear yard setback when adjacent to pubhc nght-of-way Staff feels thIS note should be
removed, as some of the front yard setbacks are less than 30 feet, and the more stnngent SIde and rear
yard setback would be unnecessary.
The maXImum bUIldmg height, as required by the Charter, is bemg estabhshed at 50 feet for parcels 1-
3 and 7-10 Parcels 4 and 5 are located approximately 30 feet lower than the eXIsting reSidential, so
reduced bUlldmg heights for these lots will lessen the Impact to the reSIdential properties. Parcels 4 and
5 are located approximately 30 feet lower than the eXlstmg reSidential parcels to the south. The
maXImum buildmg height for parcel 4 IS bemg estabhshed from a fixed elevation pomt on the south
property lme. The ODP states that the top of a bUIldmg on parcel 4 shall not exceed elevatIOn pomt
5,530 feet, established from CIty datum. This will gIve the abihty to construct a 50-foot tall buildmg
WIthout a large amount of fill, thereby mcreasmg the Impact to the reSIdential propertIes. Slmply, a 50-
foot tall buildmg on this parcel tied to a maXlmum elevatIOn of 5,530 feet to the top of the structure
will effectively result m a 20-foot tall buildmg as vlCwed from the resldentIal properties to the south.
The buildlllg helght cannot exceed elevatIOn 5,530, so any fill brought m reduces the heIght of the
buildlllg.
Any buildlllg constructed on parcel 5 IS limIted to 35 feet m height. Buildmgs on parcel 6 are allowed
a maximum buildmg heIght of 15 feet, WhlCh IS consistent With the eXlstmg pump house associated
With the water storage facility
Planning Commission
Case WZ-06-03 & WS-06-01/Coors & Cabela's
6
Architeeture
The ODP contams detailed language regardmg required architectural enhancements for all parcels.
The architectural standards are similar to language m the Streetscape and Architectural Design
Manual, which is adopted as regulation. The ODP contams strong language which will reqUIre four-
sided archItecture on all bUlldmgs.
Any proposed buildmg must be shown on the Final Development Plan, and must further comply wIth
these gUldelmes.
Site Access/Circulation
The parcels will gain access from three different locations. The main entrance to the SIte will be from a
new interchange at Highway 58. A new public street (Cabela Drive) will connect to Youngfield
Servlce Road in a north/south ahgnment. ThiS new street will be a four-lane public roadway,
transitlOmng mto a three-lane publIc roadway near the northern end of parcel 7 The road Will contmue
north and west, eventually connectmg to a new mterchange at Highway 58
The second access point will be a new 40th Avenue underpass between parcels 1 and 2. ThiS underpass
will connect to Cabela Drive. A new realigned service road will be established just north of the 40th
Avenue underpass which serves the Table Mountam Animal Center.
The third pomt of access Will be from new hook ramps from 1-70. Westbound traffic Will be able to
access Cabela Dnve directly; conversely site patrons will be able to contmue westbound onto 1-70
after visltmg the site.
A pedestnan crossing IS bemg shown on Cabela Dnve between parcels 1 and 5, as thIS will be the
mam access pomt for each property.
Cabela Dnve will be a publicly-dedicated roadway which connects West 32nd Avenue to Highway 58
Portions of the road will fall outSide City limits m umncorporated Jefferson County A small tnangular
area of the roadway Just east of parcel 8 will be located wlthm County-owned property Another
sectIOn west of parcel 9 will be located on prIvately owned property m Jefferson County The
connectIOn to West 32nd Avenue crosses pnvate property m Wheat RIdge. The applicants have not yet
secured the easements or nght-of-way to allow the constructIOn of these roadway sections. AcqulSltion
of these easements is paramount to providing adequate access and circulatIOn to and from the site.
Without these connectIOns, easements or nght-of-way, the property Will not have adequate access to
serve a development of thiS size
Each parcel Will have at least one access pomt from Cabela DrIve. The access points are shown on the
site plan With black arrows.
Trails
A number of pedestnan trail connections have been IdentIfied on the ODP The first will be on the
west Side of Cabela Drive, and Will be ten feet m WIdth. The second traIl will connect through parcels
4, 5 and 7, eventually connectmg to the eXlstmg Clear Creek trail on parcel 8 The specific ahgnmcnt
has not been IdentIfied for thiS trail to ensure flexibility With future development. A thud pedestrian
trail Will connect Cabela DrIve to Y oungfield via the 40th Avenue underpass. Finally, a trail will
connect 40th Avenue to the Clear Creek trail along the realigned frontage road.
Planning ~ommission
Case WZ-06-03 & WS-06-01ICoors & Cabela's
7
With the exceptIOn of the trail through parcels 4,5 and 7, all trails will be built at the time the adjacent
roads are constructed.
The addItional trail will be constructed at the time of developrnent of parcels 4, 5 and 7.
Sign age
The ODP estabhshes the slgnage regulatIOns for each parcel. All parcels are allowed one freestandmg
Sign, not to exceed 15 feet m heIght, not larger than 150 square feet to be placed within a landscaped
area. For parcels 2-9, wall slgnage IS allowed on elevatIOns adjacent to nght-of-way or major mtenor
drives, not to exceed one square foot of slgnage for each one lmear foot of wall to WhlCh the sign IS
attached. Parcel11s allowed wall slgnage on each elevation, not to exceed 1,050 square feet m size.
Parcell IS allowed an additional project ldentlficatIOn SIgn WhIch can be a maXImum of 30 feet in
height and 200 square feet m SIze. ThiS would allow all busmesses to have visiblhty from 1-70
Staff suggests that setbacks be established for all freestandmg SignS. The SIgn Code typically requires
a mmlmurn 10 foot setback for SignS up to 15 feet m height and a 30 foot setback for signs over IS feet
m height. AddItionally, the regulatIOns do not address slgnage on parcel 10. Staff suggests that the
Sign age allowed on parcell 0 should be consistent with parcels 2-9
Lighting
A note has been added to the ODP which regulates exterior lights, and more Importantly, controls the
effects of hght spillage. The ODP allows a maximum freestanding light pole heIght of 30 feet. The
Code of Laws currently allows a maximum pole heIght of 18 feet; however, as mentioned prevIOusly,
thIS ODP process allows flexibihty and variance from a standard m the Code. Extenor hghtmg,
exclusIve of secunty hghtmg, must be turned off one hour after the close of busmess. Several notes
have been added to the ODP under Development Standards WhICh reqUires fully shielded, cut-off
fixtures, and reqUires that all hght be contamed on the subject property All freestandmg lights are
required to be at least 25 feet from any resldentlal property lme.
Fencing/Buffering
All fences must be m compliance wIth Section 26-603 of the Code of Laws. ThiS Section allows a
maXImum fence height of SIX feet m rear and side yards, and a maximum fence height of 48 mches m
front yards. AdditIOnal constramts are Identified for areas located wlthm a sight dIstance triangle. All
fences will be shown on the Fmal Development Plans for each parcel.
A twenty foot buffer IS proposed for the portIOns of parcels 4 and 5 which are adjacent to reSidential
properties. ThiS buffer will contam trees and shrubs consistent with Code reqUirements. The landscape
buffer wIll be further detailed on the Fmal Development Plan for parcels 4 and 5
Traffic
The development of the subject properties will nndoubtedly mcrease traffic m the surroundmg area.
ThIS proposed development has tnggered an Environmental Assessment, WhlCh exammes the
envlTOnmentallmpact of the preferred altematlve road Improvements. The Envlronmental Assessment
IS not the subject of thIS hearIng. Planmng COmrnISSIOn should focus on the adequacy of the access
and clTCUlatlOn plan for the proposed development.
The traffic study has mdlcated that the SIte development will result m a total (trIpS to and from the site)
of 23,785 tnps per weekday and a total of 34,341 trIps per Saturday As a result of thIS mcrease m
Planning Commission
Case WZ-06-03 & WS-06-01/Coors & Cabe!a'se
8
traffic several Improvements are needed to the eXIstmg roadway system. Improvements on the subject
, th
properties include a new pubhc street whIch bIsects the propertIes, a new West 40 Avenue underpass
and new hook ramps from 1-70 AddItlonal off-sIte reqUlred Improvements have been Identified m the
three alternate packages m the EnvIronmental Assessment. The apphcants have Identified 'preferred
alternatIve number 2' in the traffic study ThIS preferred alternatlve mcludes Improvements such as
widenmg of the West 32nd Avenue and Youngfield Street mtersectlon, wIdemng of the eastbound 1-70
offramp at approxImately West 29th Avenue, wldemng of Young field Street from West 3Sth Avenue to
West 44th Avenue, wldemng of the West 44th Avenue and Youngfield Street and a wIdenmg of
Youngfield Street at West 32nd Avenue. These Improvements are consIstent wIth the Roadway
ClaSsIficatIOn Plan of the ComprehensIve Plan Addendum.
An exhibit has been included which details the extent of 'preferred alternatlve number 2' ThIS has
been mcluded as Exhibit 4. Staff recommends that all Improvements Identified as '200S
Improvements' be constructed prior to the openmg of any busmess on the property The Improvements
are labeled as "200S" improvements because they will accommodate bUild-out traffic from the
propertIes, whIch is antIcipated m 200S
IV. REZONING CRITERIA
The request IS for an amended Outlme Development Plan, includmg a change to allowed uses. Even
though the property IS currently zoned Planned Commercial Development, the reZOnIng cntena must
be exammed. Staff has the following comments regarding the criterIa used to evaluate a change m
zone.
1. That the existing zone c1assifieation currently recorded on the official zoning maps of the
City of Wheat Ridge is an error.
The eXlstmg zone claSSIfication on the offiCIal zonmg map IS not m error The property
currently has Planned Commercial Development zomng.
2.
That a change in character in the area has oecurred due to installation of public facilities,
other zone ehanges, new growth trends, deterioration, or development transitions, and
that the evidence supports the finding of the following.
The propertIes have hIstoncally eXlstmg as a gravel and mmmg site. At the conclusIon of the
mming actIvIties, the propertIes remamed vacant. In 2005, the propertIes were annexed mto the
City of Wheat Ridge, and given a zOnIng deSignation of Planned CommerCial Development,
with a hmited range of uses. The properties eXist where an mterstate highway and a state
hIghway converge. As a result, the surroundmg area has steadily grown and changed to provide
more commercial services. The planned completion of the 1-70 and State Highway 58
mterchange has resulted m land acqUlsltlons and revIsed development plans m the general
VICInIty The property east ofI-70 (Applewood Shoppmg Center) contams large regIOnal retail
stores. The property to the north of Highway 58 (44th Avenue Industnal Park) was annexed
mto the CIty m 1999 and zoned to Planned Industnal Development. After the annexatIOn and
zoning, 29 industrIal buildmgs were constructed and contmue to operate today m all
office/warehouse envlronment.
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 or plans for the area.
Planning Commission
Case WZ-06-03 & WS-06 Ol/Coors & ('abela's
9
The Future Land Use map m the Comprehensive Plan designates these properties as
Community Commercial, Planned Busmess/Industnal Park and Open Space. Parcels 1-7 (south
ofthe creek) are designated Commumty Commercial. Parcel 8 is designated Open Space, while
parcels 9 and 10 are deSignated Planned Busmess/Industnal Park. The proposed zone
deslgnatlOn of Planned Commercial Development IS conslstent with these classlficatlOns.
The Future land Use Map IS one cornponent of the Comprehensive Plan. The Plan also
contams goals and policies concerning land use and transportatlOn that need to be conSidered m
finding consistency With the Comprehensive Plan. As discussed m the "Comprehensive Plan"
section of this staff report, the change of zone will be m comphance with the goals, objectives
and policles ofthe Comprehensive Plan.
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 property IS currently zoned Planned Commercial Development, albeit with a limited range
of allowed uses. The zomng deSignation w1l1 remain; however, a Wider range of commercial
and mdustrial uses is proposed. Parcels 1-5 and 7 are envislOned to be more retail and service
onented, which IS consistent With properties directly to the south and east. The property
directly to the south is zoned Planned Commercial Development and contains a hotel,
restaurants and a gas statlOn. To the east across 1-70 is a large shoppmg center whIch proVides
an array of retail, restaurant and service uses. The allowed uses for thiS proposed amendment
will be compatible wlth the allowed uses in these two areas.
Parcels 9 and 10 are deSignated Planned Busmess/Industnal Park. These parcels w1l1 allow the
same retail and service uses proposed for parcels 1-5 and 7, With an allowance for some hght
mdustnal uses. The properties dlrectly to the north (across Highway 58) are all zoned Planned
Industnal Development. These properties operate as an mdustrIal park currently
Where the parcels abut eXlstmg reSidential (parcels 4 and 5), a 20- foot landscape buffer IS
bemg proposed, complete With trees and shrubs dispersed at a rate consistent With the Code.
ThiS buffer Will mmlmlze adverse Impacts to the reSidential area.
5. That there will be social, recreational, physical and/or economic benefits to the
community derived by the change of zone.
ThiS request should create a benefit to the commumty. The property currently SitS as a vacant
parcel, and has historically been used for mming. The applicants are proposmg to allow a Wider
range of uses on the property, which m turn Will provlde additIOnal services to the surroundmg
reSidents and create jobs. Any retail sales on the property will generate sales tax revenue for
the City, Jefferson County Open Space, the School DiStrIct, Jefferson County and special
dlstncts servmg the area will recelVe mcreased property tax revenues, m some cases Without
providmg additIOnal services.
AdditIOnally, a number of traffic Improvements have been Identified as a result ofthe
EnVironmental Assessment. Many of these Improvements are needed to support the level of
traffic activity generated by the mtended uses, however some ofthe Improvements will correct
Planning Commission
Case WZ-06.03 & WS-06-0i/Coors & Cabela's
10
existmg problems which would need attention regardless of sIte development. These
Improvements will benefit the surroundmg area.
The parcels will also mclude much needed pedestnan trail connectlOns. ThIs will allow
pedestnans from West 32nd Avenue to navIgate to Clear Creek; an optlOn WhICh does not eXIst
today These pedestrian conneetlOns wl!l be a benefit to the commumty.
The proposed retal! store on parcell includes several public facilities that will be available for
use by the general pubhc. These facihtIes will be a benefit to the communIty
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 respondmg agencIes are able to serve the property, and the developer will incur the cost
and mamtenance of any Improvements. A metro dIstnct has been formed which will fund and
construct all onslte public Improvements and utility mfrastructure. Onslte roadway
Improvements will be bUilt by the metro dlstnct. Off site Improvements will be funded by the
metro distrIct, City, CDOT and Jefferson County.
7. That the ehange 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 adjacent properties.
The request will not adversely affect public health, safety or welfare m the area. The
development of a hlstonc minmg sIte wl!llmprove condItIons m the area and alleviate a once-
potential hazard to persons m the area. While this rezonIng will create higher traffic volumes
to the site, the applicants are engagmg m several roadway improvements to the area, which
should alleviate traffic congestion. Site development will be subject to review ofthe Public
Works Department, which will review the dramage to ensure that there will be no adverse
Impact to adjacent properties. The parcels and subsequent bUildmgs will be constructed m such
a way as to not reduce air or light to adjacent propertIes.
8. That the change of zone will not create an isolated or spot zone district unrelated to
adjacent or nearby areas.
This request will not create an Isolated zone district. The propertIes to the east (east of 1-70)
are zoned Planned Commercial Development, and have similar allowed uses. These propertIes
are part of a larger shoppmg c~nter which provides a sImilar list of allowed uses. The
properties to the south are also zoned Planned Commercial Development, and have a sImilar
range of allowed uses. The propertIes to the north of Highway 58 are zoned Planned IndustrIal
Development, and are part of an mdustnal busmess park. The allowed uses for thlS mdustnal
busmess park are Slillllar to the list of allowed uses proposed on thiS ODP.
V. FINAL DEVELOPMENT PLAN
A Final Development Plan has been submitted for a parcel ofland 36 acres m size (Exhibit 5
Fmal Development Plan). The applicant wIshes to construct a 185,000 square foot retail
Planning. Commission
Case WZ-06-03 & WS-06-0l/Coors & Cabela's
11
bmldmg. The FDP IS intended to provIde a site specIfic development plan for a property while
meetmg all the development standards established on the Outline Development Plan.
Building
The apphcant is proposmg to construct a building which IS 185,000 square feet m SIze. The
buildmg would be used as a retail sportmg goods facihty A sportmg goods store IS an allowed
use on thIS parcel (parcell) The ODP allows a maXImum floor area ratlO of.12 for parcell.
Based on a lot size of 1,586,455 square feet, a buildmg which IS 190,374 square feet may be
constructed. The building will be located m the northeast comer of the parcel, so as to
capItalize on the visiblhty provided by 1-70. The buildmg will be setback from the front
property Ime (southwest property lme) approximately 500 feet. In between the building and the
Cabela Drive nght-of-way IS a parkmg area With landscaped islands.
The ODP reqmred a mmimum front yard setback of 30 feet. Addltlonally, a 1 O-foot rnmlmum
side yard setback and 15-foot mmlmum rear yard setback was established. The buildmg meets
all of these required setbacks. The ODP allowed a maXImum bUlldmg height of 50 feet. The
bmlding will not exceed the 50-foot buildmg height maximum.
Loadmg bays and a boat loading/storage area will be located on the northeast elevatlon
(adjacent to 1-70) A screen wall will be constructed whIch partially obscures the boat storage
and loadmg area.
A small corral and dog run IS bemg shown along the northern property lme. This use was
specifically hsted as an allowed ancillary use on the ODP
Two detentlon ponds are shown on the FDP - one m the northwest comer of the property and
one smaller pond behind the bmlding. The ponds have been adequately Sized to accommodate
the dramage flows created by site developrnent.
Architecture
The buildmg w1l1 be constructed of architectural pre-cast concrete wIth stone and tlmber
accents. The roof will be metal. The pre-cast walls will contam reveals WhICh will proVide
visual mterest. Canopies and overhangs are used to accentuate the entrance on the southeast
elevation. The proposed buildmg meets the architectural standards as established on the ODP.
The architectural elevations detail the overall height of the building to be 76 feet to the highest
pomt. The ODP establishes a maximum bUlldmg height of 50 feet. Pursuant to the Code of
Laws and Charter, non-habitable areas and architectural features are exempt frorn this 50-foot
heIght limitation. Further, the Code defines buildmg height as bemg measured to the mld-pomt
ofthe roof. The elevatIOns detail the rnld-pomt of the roofto be 50 feet tall. Those portIOns of
the bUlldmg whIch extend above 50 feet m height are conSIdered archItectural features and are
not used for human occupancy
Building signage IS shown on the southwest, northeast and northwest elevatIOns. These slgns
are allowed, as the ODP created an allowance for wall signage on all buildmg elevatIOns. It
should be noted that the wall SIgn on the northeast elevatIOn extends above the deck lme of the
roof. The Code does not allow wall SIgnS to extend above the roof. ThiS Issue w1l1 be addressed
With the submittal and review of the bmldmg permIt.
Planning Commission
Case WZ-06-03 & WS-06-01/Coors & Cabel.'s
12
Landscaping
The ODP requires a mlmmum of20 percent ofthe parcel to be landscaped. ThIs lot reqUIres
317,117 square feet of landscaped area. The FDP IS provldmg 536,170 square feet of
landscaped area, or 34% of the sIte. Additionally, one street tree IS reqUIred for every 50 feet of
street frontage. There are 3 street frontages for this propertY' Cabela Dnve, West 40lh A venue
and the Frontage Road. These 3 street frontage total 3,325 lmear feet, which translates to 67
reqUired street trees. The applicant has provided 67 street trees.
One tree and 5 shrubs are reqUired for every 1,000 square feet of reqUired landscape area. 317
additional trees and 1,585 shrubs are reqUired. The apphcant has provided 318 trees and 2,432
shrubs, in addition to 2,019 ornamental grasses. The edges ofthe parking lot contam large
landscape buffers with landscape Islands. Trees have been located wlthm the parkmg lot to
break up the expansive area. Landscaped cap islands have been mstalled on either end of the
parkmg lot dnve aisles.
Parking
The ODP reqUires 1 parkmg stall for every 200 square feet ofbuildmg area, mmus a ten
percent reductIOn m building square footage to account for hallways, storage areas and
rneehamcal rooms. The bUlldmg IS 185,000 square feet m size; therefore 833 parking spaces
are reqUired. The FDP details a total of 1,354 parking spaces provided. The parkmg stalls all
meet the mmlmum size requirements and handicap accessible stalls have been provided
consistent with ADA and City Code reqUirements.
There IS an area to the north of the bUlldmg which is labeled as "RV parking" The parkmg
stalls m this area are large enough to accommodate oversize recreatIOnal vehicles. There are
landscaped Islands which further dehneate these parkmg stalls.
The sheer volume of the parkmg spaces and expanse of the parking area IS of concern. The site
contams 521 more parkmg spaces than the ODP requires. This IS an increase of 62%. All thiS
additIOnal parkmg may be attractive to retailers, however It translates mto longer walkmg
distances for patrons, more run-off and detracts from the archltecturalmterest of the storefront.
The parkmg stalls located on the west side ofthe parkmg lot (adjacent to Cabela Dnve) are
between 600 and 800 feet from the front door of the store. Staff has requested that the applicant
install two pedestrIan walkways which parallel the drIve aisles. These pedestrIan walkways
could run the length of the parkmg lot, be 5 feet wide and be located between rows of park mg.
These areas would proVide the patrons a refuge from vehicles and could help reduce pedestnan
and vehicle confliCt. Otherwise, patrons walk down dnve aisles to get to the store. The
applicant IS not amenable to these walkways.
Lighting
A photometrIc plan has been mcluded m the FDP which details the type and location of
freestandmg hght fixtures, as well as the foot-candle readmgs at specified mtervals. The
apphcant IS proposmg to mstall dual 400 watt metal hahde fixtures atop a 25 foot pole for most
of the parkmg lot lightmg. The ODP allows a 30 foot tall freestandmg hght fixture. Staff was
Illltially concerned over the amount of lummescence generated by these dual 400 watt fixtures.
However, staff has spoken With the manufacturer of these lights and confirmed that directly
under the pole of a dual 400 watt fixture, a total of 10 foot-candles will be generated.
Planning Commission
Case WZ-06-03 & WS-06-01lCoors & Cabela's
13
Access/Circulation
The site will gain access from Cabela Dnve, which will connect Highway 58 and West 32nd
Avenue. Another access point IS bemg provided at West 40th Avenue. The site will contam
one-way drive aisles and angled parkmg. The Public Works Department has requested that
Cabela Dnve contam a medlan m areas where there are no conflicts with turn lanes. The
applicant has agreed to thiS median.
A frontage road will connect to West 40th Avenue which will proVide access to the Table
Mountam Arumal Center. The TMAC currently obtams access from the Y oungfield Service
Road which parallels 1-70 The frontage road would replace the Y oungfield Service Road.
A 5 foot wide sidewalk is being constructed on the east Side of Cabela Dnve, and a 10 foot
Wide Sidewalk IS bemg constructed on the west side. A ten foot Sidewalk IS bemg constructed
on the north side of West 40th Avenue. A 10 foot SIdewalk IS being constructed on the west
Side of the frontage road.
VI. FINAL PLAT
A final plat has been submitted which will subdlVlde the property mto lots ofrecord (Exhibif6,
Final Plat). The plat is subdividmg the entire property mto lO lots. The plat IS creatmg lots
consistent with the parcels shown on the ODP Typical utility easements have been estabhshed
around the perimeter of each lot. All the areas ofpubhc roadway are bemg dedicated to the
CIty Dramage easements are being created where the detention facilities will be constructed.
The plat meets the requirements of Article IV of the Code of Laws.
VII. AGENCY REFERRALS
The proposal was referred to all external agencies and adjacent junsdlctlOns. All respondmg
agencies stated that they can serve the property, and any upgrade will be at the expense of the
developer. Jefferson County responded With concerns regardmg the alignment of Cabela Dnve,
as It relates to County property east of parcel 8; speCifically that an easement IS needed to
travel across County owned land.
VIII. NEIGHBORHOOD MEETING
The Code of Laws requires a neighborhood meeting for amendments to Outlme Development
Plans. A neighborhood meeting was held on AprIl 25, 2006, and was structured as an
informatIOnal open house. ThiS meetmg was held at the RecreatIOn Center
IX. STAFF CONCLUSIONS AND RECOMMENDATIONS
There are 3 requests which have been submitted by the applicants. an amended Outlme
Development Plan, a Fmal Development Plan and a final plat. Each Item will reqUIre a separate
motion.
Amended Out1me Development Plan
Staff concludes that the amendment IS compatible With surroundmg land use, and that the additIOnal
allowed uses Will brIng the property mto confom1ance With the goals and pOhClCS ofthe
Comprehensive Plan. AdditIOnally, With the addition ofmfrastructure Improvements, the rezomng Will
be a benefit to the City and surroundmg areas. Therefore, staffrecommends APPROVAL of the
amended Outlme Development Plan:
Planning Commission
Case WZ-06-03 & WS-06-01/Coors & Cabe!a's
14
I move to recommend APPROVAL of Case No. WZ-06-03, a request for approval of an amended
Outlme Development Plan to allow additIOnal uses m the Planned CommercIal Dlstnct, for property
located generally west ofI-70, south of Highway 58, north of West 32nd Avenue and east of Eldridge
Street for the followmg reasons.
1 A change m character has occurred m the area The property has mstorically been used
as a gravel mme whIle the area whIch surrounds the property has been developed and
redeveloped as commercial and mdustrIal properties.
2. The request will bnng the property mto conformance wIth the goals and policles of the
ComprehensIve Plan. The propertIes contam commercIal and mdustnal deSIgnatIons.
The range of allowed uses IS consistent wIth the future land use designatIOn defined m
the ComprehensIve Plan.
3 The constructIOn ofroadway lmprovements Will adequately accommodate the
addItIOnal traffic volumes produced by the proposed uses. The Improvements will not
only benefit the development onslte, but also the surroundmg properties.
4. The proposed uses will be compatible with the surrounding area, specIfically the
commercIal propertIes dIrectly to the south, the commercIal shoppmg center to the east
ofI-70 and the mdustnal park north of Highway 58 ReqUired buffers will mmlmlze the
Impacts to adjacent resIdentIal uses.
5 The request will be a benefit to the Clty, County, School DistrIct and specIal dlstncts by
provldmg additIOnal tax revenue, added retail and servIce establIshments, addItIOnal
employment and the installatIOn of pedestrian connectIOns to Clear Creek trails.
6. The request will not create an Isolated or spot zone dlstnct.
7. The request Will not adversely affect publIc health, safety or welfare.
With the followmg condItIOns.
1 The easements or nght-of-way needed for the construction of Cabela Dnve where It
crosses Jefferson County property and off-Site to the State Highway 58 mterchange and
to West 32nd Avenue shall be secured prior to the Issuance of any buildmg permit.
2. The traffic Improvements labeled as 'Year 2008 Improvements' m the traffic study
dated June 2006 shall all be constructed prior to the Issuance of any certificate of
occupancy These Improvements shaH additIOnally include the pedestnan trails on the
west Side ofCabela DrIve and the west side of the frontage road.
3. A note shall be added to the Outlme Development Plan which reads: "Freestanding
signs that do not exceed 15 feet in height must have a 10 foot setback from any property
line. Freestanding signs which are more than 15 feet in height must have a 30 foot
setbackfrom any property line."
4 The footnote under Development Standards which references mcreased slde and rear
yard setbacks where adjacent to rIght-of-way shall be removed.
5 The reqUired front yard setback for parcelS shall be reduced to 15 feet.
6 The language which regulates slgnage shall be modified to mclude an allowance for
wall and freestandmg slgnage for parcell 0
7 The use chart shall be modified as It relates to processing and assembly to read:
"processing, assembly or light industrial operations"
Final Development Plan
Staff concludes that the Final Development Plan IS consistent With the development standards created
on the Outlme Development Plan, and further It meets the reqUIrements for Final Development Plans
Planning Commission
Case WZ-06-03 & WS-06-01/Coors & Cabela's
15
as established m the Code of Laws. Therefore, staffrecommends APPROVAL of the Final
Development Plan.
"1 move to recommend APPROVAL of Case No WZ-06-03, a request for approval of a Final
Development Plan for property located generally west ofI-70, south of Highway 58, north of West
32nd Avenue and east ofEldndge Street, for the followmg reasons
1 The Final Development Plan meets the development standards as lIsted on the Outlme
Development Plan.
2. The Final Development Plan meets the reqUirements for Fmal Development Plans, as
defined m Article III ofthe Code of Laws.
With the following condition.
1. A ten-foot pedestrIan trail shall be shown on the north sIde of West 40th Avenue on the
Final Development Plan.
Final Plat
Staff concludes that the final plat meets the reqUirements estabhshed in Article IV of the Code of
Laws, and therefore staff recommends APPROVAL ofthe Final Plat.
"I move to recommend APPROVAL of Case No WS-06-0 1, a request for approval of a ten lot
subdIvIsion plat for property located generally west ofI-70, south of Highway 58, north of West 32nd
Avenue and east of EldrIdge Street for the followmg reasons.
I All reqmrements of the SubdlvlSlon RegulatIOns have been met.
2. All reqUIred utility easements are bemg provided.
3 Adequate mfrastructure will be constructed WIth the development to serve the proposed
use."
Planning Commission
Case WZ-06-03 & WS-06-01lCoors & Cabela's
16
Official Outline Development Plan (ODP) and
Final Development Plan (FDP) 1'\ arrative
Introduction
On May 23, 2005, the City of Wheat Ridge approved an Outline Development
Plan (ODP) for the Cabela's/Coors site ("Approved ODP") That ODP zoned the
property for the limited uses of grading and water storage. This Narrative accompanies
an apphcation for an amendment to the approved ODP ("0DP Amendment"), to allow
the Cabela's retail use on the site, as well as associated other uses. This ODP
Amendment has been prepared in accordance with the requirements of Section 26-308 of
the Municipal Code for the City of Wheat Ridge, Colorado ("Code"). This land use
application also addresses the goals and recommendations outlined within the Wheat
Ridge Comprehensive Plan. Provided the ODP Amendment is approved by the City,
subsequent land use applications anticipated for this proposal will include a Final
Development Plan and a Major Subdlvision.
This ODP applicatlOn encompasses approximately 178 acres and is comprised of
multiple parcels. The two princlpal ownership groups are the Coors Brewing Company of
Golden, Colorado and Cabela's Retail, Inc , a Nebraska Corporation.
A neighborhood meeting for this ODP Amendment was held on April 25, 2006, at
the Wheat Ridge RecreatlOn Center. Pubhc notification of the Neighborhood Meeting
was conducted in four ways. First, a mailing was sent directly to homes wlthm 300 feet
of the property line, as well as to those communIty members who have demonstrated an
interest in the project over time. This mailing was sent to more than 2,000 homes and
businesses around the project area. Second, advertIsements were placed m the local
newspapers approximately one week prior to the event. Third, press releases were
distributed to local media outlets resulting in stories in various newspapers with details
about the meeting. Finally, mformation about the Neighborhood Meeting was posted on
the project Web site
Proposed Uses
The predommate use of the subject property will be a 185,000+/- square foot
Cabela's retail faeIhty located m the central portion of the site. Surroundmg the Cabela's
facihty will be supporting retail, restaurant, lodgmg and other uses allowed by the ODP
North of the Cabela's retail Site, separated by Clear Creek, are three properties owned by
Coors which will be developed mto additlOnal non-residential uses~
9799\1 \980149.2
EXHIBIT 1
Located in the southwestern comer of the subject property is a 29-aere parcel
which has been developed as a water storage reservoir for the Coors Brewing Company
pursuant to the existing Approved ODP. The material excavated from this area has been
used to balance other development sites within the subject property, resulting in no off-
site export of material.
Site Charaderisties
The subject property is generally located in the southwest quadrant of State
Highway 58 and Interstate 70 The site has historically been used for sand and gravel
mining and is currently undeveloped. The resulting landform from previous mining
activities had left much of the site with open excavation areas, steep slopes and poor
drainage. The excavation and grading performed pursuant to the Approved ODP has
largely remedied this condition, and prepared the site for further development.
Clear Creek and its corresponding floodplain separate the northern third of the
property. Most of the Clear Creek floodplain is found on the adjoining Jefferson County
property with a small portion located on land owned by Coors. Wetlands associated with
the Clear Creek floodplain have been identified on County-owned land. Running
diagonally through the property are three water transmission lines owned and operated by
the Denver Water Board.
The eastern edge of the property includes frontage along 1-70 with adjacent
commercial and retail uses. South of the subject property is an established neighborhood
of single- family homes. Southwest of the site is the Applewood Golf Course with an
existing water storage facility located northwest of the Applewood Golf Course; west of
the proposed development. North of the site and along State Highway 58 are office and
warehouse uses.
The primary access to the proposed development is from Highway 58. Additional
access is planned from hook ramps off westbound 1-70, as well as from 32nd Avenue with
a new road called Cabela Drive. Cabela Drive generally follows the Denver Water Board
easement diagonally through the project and connects to the frontage road along SH 58
It is proposed that the traffic improvements associated with the Cabela's project will
include a new interchange at Cabela Drive and Highway 58, as well as a set of hook
ramps off westbound 1-70 Additionally, off-site roadway Improvements include
sigmficant upgrades to the 32nd and Y oungfield mterchange with 1-70 as well as the
mterchange at McIntyre and SH 58 Additional access IS proposed for the site as an
extension of 40th Street under 1-70 connecting to Y oungfield. The entire package of
traffic improvements, which mcludes those Improvements deSigned to serve the Cabela's
project, is the subject of an Environmental Assessment (EA), separate from this
submittal.
Public Infrastrueture
9799\1\980149.2
A Title 32 Metropolitan District is proposed to extend and build major utilities
and road improvements for the development. Proceeds generated by the Metropolitan
Distnet are to be used solely for major infrastructure development serving the entire
development parcel. Off-site improvements such as road construction, interchange
improvements and storm water facilities benefiting surrounding properties are also
funded by the Metropolitan District. The taxing component of the proposed district IS
contained entirely wIthin the subject property.
Criteria
This ODP Amendment includes the addition of retail uses as permitted uses, and is
therefore a rezoning as well as an ODP Amendment. The following section will describe
how the ODP Amendment meets the criteria set forth in Section 26-ll2(D) of the Wheat
Ridge Code of Laws for approval of a rezoning, and an ODP Amendment.
Rezoning
The Wheat Ridge Code contains eight criteria for rezoning approval. The first criterion
relates to an error in the eXlstmg zone classification, which is not the case in this instance.
This cnterion is separated from the other 7 by an "or;" the other seven are joined WIth the
word "and." Therefore, the following demonstrates how the proposed ODP Amendment
and the Cabela's project Itself meet all of these seven enteria, excluding the criterion
related to error.
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 evidenee supports the finding of the
following;
A change in character clearly has occurred In the area surrounding the Property. In recent
years, the area has experienced increased density and intensity of use, partly due to the
opening ofthe Colorado Mills Mall, in November, 2000, and the development of
significant retail uses rmrnediately north ofthe Colorado Mills Mall. Furthermore, the
property was annexed by the CIty of Wheat Ridge m December, 2004 This annexation
removed the Property from the land use jurisdiction of Jefferson County, and placed it
under the jurisdiction of the City of Wheat RIdge. Additionally, this area has been
designated in various planning docU\T]ents as being within the urban growth area for
Wheat Ridge.
Finally the completion of mining operations in this area significantly changed its
character The ODP originally approved by the City on May 23,2005 allowed only
mining reclamation/grading, and water storage, as approved uses. Cabela's has now
completed the gradmg operations, and reclaimed the Property, rendering It suitable for
economically productive reuse and redevelopment, and fulfilling the Remediation Plan
for the Property.
9799\1 \980 149.2
One of two mining permits applicable to the site, the DGM 110 permit, is still in place.
The property owners are currently preparing a new annual report which will be submitted
by June 16, 2006. This permit applies to the property formerly owned by the Salter
family, and the crossover at Clear Creek only. The other permit, known as a
"112 permit," applies to the balance ofthe site. The property owners intend to obtam
releases of these permits in Summer, 2006.
3. That the change of zone is in conformance, or will bring the property into
conformanee, with the City of Wheat Ridge comprehensive plan goals,
objectives and policies, and other related policies or plans for the area; and
The Property is located in an area designated for "Community Commercial," and
"Business Park," in the Wheat Ridge Comprehensive Plan (Addendum, 2004). Thus
approval of this ODP allowing retail uses is consistent with that designation.
Furthermore, approval of this ODP Amendment provides the City with an opportunity to
realize some of the transportation goals outlined in that document. For example, the
Wheat Ridge Comprehensive Plan Addendum notes that:
Improvements to complete the I-70/SH58 interchange movements
are needed to improve not only access to the area, but to increase
mobility for the region. . . .. Improvements to the 1_70/32nd
Avenue interchange to increase capacIty will be needed.
Cabela's will construct a significant portion of these improvements. As noted, the entire
package of transportation improvements and funding has not yet been identified, and is
the subject of an Environmental Assessment conducted by the Federal Highway
Administration (FHW A), in association with the Colorado Department of TransportatIOn
(CDOT).
The development outlined in this ODP Amendment will also provide the trail connection
from 32nd Avenue to Clear Creek, as identified in the Wheat Ridge Comprehensive Plan
Addendum.
The development authorized in this ODP Amendment will also assist Wheat Ridge in
achieving some of the economlC development goals set forth in the 2000 Wheat Ridge
Comprehensive Plan, by providmg good jobs, an improvement in property values and
property tax collections, and a sIgnificant improvement in sales tax collections
Importantly, the project outlined m this ODP Amendment, anchored by the Cabela's
retail store, will be more than simply a retail amenity and sales tax gencrator for the Clty
of Wheat Ridge. Tills development will be a regIOnal draw, bringmg shoppers and their
families from throughout the Denver metropolitan area, Colorado, and the Rocky
Mountain Region. The benefit of this development to the Wheat Ridge communIty
cannot be overstated.
9799\1\980149.2
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; and
The proposed change of zone is entirely compatible with the surrounding area. The
Property is bounded by single family residential to the south, Jefferson County-owned
property housing an animal shelter, and asphalt storage, to the north; and Applewood
Golf Course to the southwest. Immediately to the east is 1-70; east of 1-70 is a significant
development of high intensity commercial use, including a Wal-Mart discount store, and
Applejack Liquors.
The Cabela's retail store and associated commercial development will replace an existing
former mining site. This retail/commercial use is far more compatible with the
surrounding uses than the mining use, and, with the exception of a few residential
properties to the south, will not border on any property zoned for less intensive uses.
Perhaps more importantly, the development of the Cabela's store and the associated
commercial development will provide a regional amenity to the community, drawing in
tax dollars, and providmg local residents with additional shopping and restaurant choices.
Cabela's has worked closely with City staff to address issues related to noise and
lightmg, and to ensure that any potential adverse impacts on surrounding areas will be
minimized by strict attentIOn to lighting standards, and compliance with Wheat Ridge
CIty Code and state statutes governing noise. The PUD proVIdes for significant setbacks
from adjacent residential uses, as well as architectural and lighting controls, to minimize
the impact. Landscape features currently found along Clear Creek will be not only
preserved, but in some cases enhanced, with the development outlmed in this ODP
Amendment.
The most significant impact the project may have on the surrounding area is probably
traffic. It is true that the Cabela's store and associated commercial development will
generate significant traffic - indeed, the project will need to do so in order to be
successful. However, as described in more detail elsewhere in this Narrative, any adverse
impact ofthis additional traffic will be more than offset by the sigmficant transportation
improvements to be provided by Cabela's, as well as the overall traffic improvements
that will be part of a larger proJect, funded by CDOT, Jefferson County, and the City of
Wheat Ridge, in additIOn to Cabela's. This Improvement package will not only
accommodate the traffic generated by the Cabela's store and associated commercial
development, but will remedy longstanding defiCIenCies III the street infrastructure in the
community, and accommodate regional and background traffic into 2030
5. That there will be social, reereational, physical and/or eeonomic benefits to
the community derived by the ehange of zone; and
9799\1\980149.2
Approval of the ODP Amendment to add retail uses and allow the development of a
Cabela's retail store to move forward will provide tremendous benefits to the community.
First, the community will receive the physical benefit ofCabela's remediating and
reclaiming a former mining site, replacing it with a fully developed, aesthetically pleasmg
and economically productive, retail store and associated retail uses. This ODP contains
detailed Development Standards, mcluding Architectural Standards, Lighting Standards,
Fencing Standards, and Standards goveITllng Character of Development, that will assure
the highest quality and aesthetics of design in the development of the Project. From a
purely physical standpoint, the quality development on this property will be a vast
improvement over the current state of the property.
Additionally, the Cabela's project has served as a catalyst to spur the long-needed
coordinated study and construction of traffic improvements from Ward Road and 1-70, to
32nd and 1-70, including improvements to Youngfield, and the addition ofa westbound
ramp from Highway 58 onto 1-70. Although the formal Environmental Assessment is not
yet concluded, the fact that the improvements are finally being studied in a holistic way,
and will be environmentally eleared for phased development now and in the future, will
provide a tremendous physical benefit to the community.
The overall transportation improvements to be made as part of this project also include
significant improvements to benefit pedestrians and bicyclists, as well. This includes
improvements and connections to the Clear Creek Trail immediately north of the
Cabela's retail site, as well as connections throughout the entue 100-acre SIte.
The economic benefit to the City of Wheat Ridge is phenomenal, and undisputable. As a
recent study conducted by the Clty of Wheat Ridge reveals, the City will receive just
under $4 5 million annually in revenue from sales, property and lodging taxes. In
addition to revenue generated by the Cabela's store, the store will provide more than 300
jobs to the community And the jobs created by Cabela's are higWy desirable jobs;
Cabela's was named one of Forbes magazine's Top 100 employers in 2000
Cabela's IS well known for its community participation, and support of such
organizations as Ducks Unlimited, Pheasants Forever, the National Wild Turkey
Federation, the Mule Deer Foundation, the Rocky Mountain Elk FoundatlOn, Trout
Unlimited, Delta Waterfowl, Onon, Quail Unlimited, the Ruffled Grouse Society, and
others. The proposed retail store will melude a significant area devoted public space,
including an aquatic display, taxidermy display, and museum.
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; and
The rnost slgmficant infrastructure issue, already discussed m tills Narrative, is the
extenslVe transportation improvements to be made along the 1-70 corrIdor m the vlcimty
of the Property These improvements will serve not only the proposed Cabela's rctail
9799\1\980149.2
store and associated commercial development, but will also remedy long-standing
transportations deficiencies in the community. Indeed, the majority of the transportation
improvements proposed are not required to serve traffic generated by Cabela's, but will
incorporate such improvements with improvements needed to meet existing reglOnal
needs. Although the Environmental Assessment is not yet completed, so the fundmg for
the entire transportation improvements package is not yet finalized, Cabela's will be
contributing in upfront payments and bonding capacity, a minimum of $18 million
towards the construction of these traffic improvements. The advent of the Cabela's
project has been the catalyst needed to bring all of the relevant government agencies to
the table to coordinate and fund these improvements.
Additionally, the Property has available water, sewer and power to serve the Cabela's
retail store as well as the additional commercial development proposed in this ODP.
Cabela's will make all ofthe improvements required to serve its retail store. The
developers afthe future retail shown on this ODP will make the improvements required
to serve such development when application is made for approval of a Final Development
Plan authorizing such development.
7. That the change of zone will not adversely affect publie health, safety or
welfare by creating excessive traffic congestion, creating drainage problems,
or seriously reducing light and air to adjacent properties; and
This criterion has largely been addressed previously in this narrative. Tills ODP
Amendment allowing the Cabela's store and associated commercial development will not
adversely affect the public health, safety or welfare; to the contrary, it will vastly improve
the existing situation m this area. Approval of this ODP Amendment will replace a
former mining site with a high quality modem retail development, replete with amemties
to serve the community, and characterized by illgh quality archItecture and materials.
The project will be the catalyst to remedy longstanding traffic infrastructure deficiencies
m the community The large size of the property, and its positIOn adjacent to 1-70 make it
the ideal location for this type of project; there is little residentially zoned property
nearby, and the site design has positioned the most mtensive uses as far away from this
reSIdential property as possible to minimize impact. The project will not create any
dramage problems, or reduce light and air to adjacent properties. Indeed, the former
mimng actiVIties on this site left a poor dramage condition which will be remedIed by the
infrastructure improvements to be constructed by Cabela's.
8. That the change uf zone will not create an isolated or spot zone district
unrelated to adjacent or nearby areas
As prevIOusly mentioned with respect to compatiblhty, the proposed Planned
Development zoning allowing retail, restaurant and lodging uses, will be compatible with
surroundmg uses. The property is surrounded on three sides by other Similarly high-
9799\1\980149.2
intensity uses. These uses inelude 1-70 itself, and the significant commercial
development immediately east of the property across 1-70, nearby county-owned property
supporting an animal shelter and asphalt storage, commercial development at the
southeast corner, and a few residential properties near the southwest corner. Therefore,
the change of zone will not create an isolated spot zone district unrelated to adjacent or
nearby areas.
Planned Development Regulations
Article III of Chapter 26 of the Wheat Ridge Code of Laws sets forth the regulations
governing Planned Development Districts. As noted, the Property is already zoned PCD,
for Planned Commercial Development, pursuant to the ODP approved May 23, 2005.
The purpose of this ODP Amendment is to add additional permitted uses to that ODP,
and more fully set forth the details of the project. Therefore, the City has already found
that the purposes of a Planned Development District, as set forth in Section 26-30 I (C) of
the Wheat Ridge Code are served by the application of this zone district to the Property
The purposes of a Planned Development District include'
1. To accornplish compatible development with adjacent
commercial, residential and/or industrial land uses through proper
land use transitions and buffering techniques.
2. To promote flexibility in design and permit diversification in the
location of structures.
3. To promote the effiCient use of land to facilitate a more
economic arrangement of building, circulation systems, land use
and utilities.
4. To preserve, to the greatest extent possible, the existing
landscape features and to minimize impacts on other natural
features of the SIte.
S To provide for more usable space through the combination and
groupmg of structures, parking, loading and storage areas.
6. To combine and coordinate architectural styles, building forms
and building relationships within the planned developments.
7 To mInimize traffic congestIOn on public streets, control street
access, and to provide for wel1-designed intenor circulatIOn.
8 To ensure that adequate public utIlities and facilities are
available within the area, to serve the specific development.
9. To promote conformance with the adopted comprehensive plan,
established policies and gUldelines for the area and for the
community
10 To promote handicapped accessibility
Approval oHhis proposed ODP Amendment remams consistent with these
purposes. As previously noted, the proposed ODP and FDP provide for a site
9799\1\980149.2
development plan for the Property that minimizes impacts on nearby residential
development, and makes efficient use of a former mining site for a high qualJty
commercial project. The site plan shown in the ODP/FDP submittal package uses
landscaping, and building placement to accomphsh the goal of compatibilIty with
surrounding development. The placement of the least intensIVe use - the water storage
facihty for Coors - nearest to residential development on the southwest portion of the site
also contributes to this effect. The Planned Development district also allows for creative
building placement for the Cabela's store building, maximizing highway exposure for the
benefit of the business, while placing the most attractive entry features of the store facing
towards the residential and other commercial development to the south and west. This
building placement also has the effect of placing visually undesirable service uses in a
place where they are screened from VIew in almost every direction by topography,
landscaping, and building features.
Because of the site's former uses for minmg activities, few topographical and
landscape features worth preserving existed. As explained previously in this Narrative,
reclaJIlling the site and making it suitable for development involved a significant amount
of grading. However, as the landscaping plan shows, the Project includes significant
landscaping that will vastly improve the aesthetics of the site itself, as well as the general
area.
Additionally, the ODP sets forth specific Development Standards, Lighting
Standards, and Architectural Standards, designed to ensure high quality, internally
compatible and harmonious development, not only for the Cabela's store that is the
subject of this FDP submittal, but also for future development authorized by the ODP, but
for which no FDP has yet been submitted.
Not only will the Project itself be designed in such a way as to minimize traffic
congestion, but the comprehensive traffic Improvement package that will be constructed
as an adjunct to the Project will enhance traffic circulation and remedy longstanding
defIciencies m the entire regIOn. As shown in more detail on the FDP, the Project Will
use a well-designed interior circulation pattern to move pedestrIans, bicycles, and
vehicles throughout the project, and to and from the project site, in the most efficient
manner possible. This circulation provided by the road improvements WIll be enhanced
by the comprehensive signage package proposed as part of the EA process, providing
wayfmdmg and highway signage to encourage motorists to use the most efficient routes
to access and egress from the Project Site. As previously noted, the Project to be
developed pursuant to this ODP Amendment will prOVide the City of Wheat Ridge with a
means ofrealizing several of the goals set forth in its Comprehensive Plan, and
Addendum, partIcularly those related to economic development and the creation of new
Jobs.
The Project WIll conform to all federal, state and local regulations regarding
handIcapped accessibility
9799\1\980149.2
Final Development Plan
According to Wheat Ridge Code of Laws, section 26-308 (D), an FDP must demonstrate
that it conforms to the standards of the ODP, and that the submittal contains all
information required by Section 26-308(d)(1) and (2).
The submittal package for the FDP includes all of the enumerated items, mcluding
several of the additional items listed in section (D)(1)(f), such as a traffic impact report,
and floodplain impact report.
9799\1\9801492
[Ai !E (C !E ~ \f lE [))
JUN 1 6 2006
-- - - --------
. u~j't/.:;,.o ot:,. .
~
~.~~c.,~
~ }z". TAl ,
J~p~..~.A:?:~~. -1..
~._~ ~~ Y_h.~ ~~.~_
J/ 7-~ -..- -- _
~ ~11 ~._~~.."Y
r ~~~ ~~~.<!.~_;4
~...u4. "'L- ~.2; ~ ~u~~.
<?~ ;q,eJ~ h~.~ ~.~. ~
~~<-?~.~__~~L
~~
Ms. Betty J. Spring
3190 Ward Ct.
Wheat Ridge, CO 80215-6530
1
ATTACHMENT 2
INTRODUCED BY COUNCIL MEMBER STITES
Council Bill No. 17-2006
Ordinance No.
Series of 2006
TITLE: AN ORDINANCE PROVIDING FOR THE
APPROVAL OF AN AMENDMENT TO AN OUTLINE
DEVELOPMENT PLAN FOR PROPERTY ZONED PLANNED
COMMERCIAL DEVELOPMENT (PCD) FOR PROPERTY
LOCATED WEST OF 1-70, SOUTH OF STATE HIGHWAY 58 AND
NORTH OF WEST 32ND AVENUE, 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 Coors Brewmg Company and Cabela's, approval
of an amendment to an Outlme Development Plan m Wheat Ridge, Colorado, Case No
WZ-06-03, for property located at west of 1-70, south of State Highway 58 and north of
West 32nd Avenue and based on a recommendation from the Wheat Ridge PlannIng
Commission and pursuant to the findmgs made based on testimony and eVidence
presented at a pubhc hearIng before the Wheat Ridge CIty Council, Wheat Ridge maps
are hereby amended to exclude from the Planned Commercial Development District and
to include m the Planned Commercial Development zone distrIct thc followmg described
land.
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 QUARTER OF SECTION 30, BEING IN TOWNSHIP 3 SOUTH, RANGE 69
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, ST ATE 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, 132079 FEET,
THENCE S890I0'02"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,
ATTACHMENT 3
THENCE S89007'31"W, 57 62 FEET TO A NON-TANGENT CURVE CONCAVE
SOUTHWESTERL Y HA VING A RADIUS OF 791 19;
THENCE THROUGH A CENTRAL ANGLE OF 15021'56", NORTHWESTERLY ALONG
THE ARC OF SAID CURVE 21218 FEET, SAID CURVE HAVING A CHORD OF 211.55
FEET WHICH BEARS NSo055'4R"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 34240 FEET, SAID CURVE HA VING A CHORD OF 341 69 FEET
WHICH BEARS N75038'5 I "W TO A POINT OF COMPOUND CURVATURE OF A CURVE
CONCAVE SOUTHERL Y 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,
THENCE S87051 '06"W, 175 73 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 S89007'31 "W ALONG SAID SOUTH LINE, 410 63 FEET TO THE SOUTHWEST
CORNER OF THE SAID NORTH ONE-HALF,
THENCE NOo023'12"W ALONG THE WEST LINE OF THE SAID NORTH ONE-HALF,
17161 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 NOI041'59"E, 141.51 FEET THE SOUTH 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 SOUTH RIGHT-OF-WAY LINE, 242647 FEET TO
THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER OF SECTION 20;
THENCE SOoo08'11 "W, ALONG SAID WEST LINE, 79640 FEET TO THE SOUTHEAST
CORNER OF THE SAID 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
OF THE 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 NOoo08'11 "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, 99043 FEET TO THE WEST RIGHT-
OF-WAY LINE OF INTERSTATE 70 AS RECORDED IN THOSE DOCUMENTS
RECORDED AT BOOK 185~, PAGE 425 AND BOOK 1952, PAGE 286;
THENCE ALONG SAID WEST RIGHT-Of-WAY LINE THE FOLLOWING FOUR
COURSES
1) SOoo41'53"E, 100512 FEET TO THE SOUTH LINE OF SAID SECTION 20;
2) SOoo45'49"E, 1321.80 FEET TO THE SOUTH LINE 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, 82.23 FEET TO THE SOUTH LINE OF LOT 16, SAID ROXBURY
GARDENS,
THENCE S89024'52"W ALONG 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 NOlo01'50W ALONG SAID EAST LINE, 323 40 FEET TO THE POINT OF
BEGINNING,
CONTAINING 178.217 ACRES, MORE OR LESS
Section 2. Vested Property Rights. Approval of this amended Outhne
Development Plan does not create a vested property rIght. Vested property nghts may
only arise 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 CouncIl hereby finds, determines, and
declares that thIS ordinance IS promulgated under the general pohce power of the City of
Wheat Ridge, that It IS promulgated for the health, safety, and welfare ofthe pubhc 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. Severablhty. If any clause, sentence, paragraph, or part of thIS Zomng
Code or the applicatIOn thereof to any person or circumstances shall for any reason be
adjusted by a court of competent junsdictlOn mvahd, such judgment shall not affect
apphcatlOn to other persons or Circumstances.
Section 5. SupersessIOn Clause. If any proVISIOn, reqUIrement or standard
established by thIS Ordinance IS found to conflict With Similar proVISions, reqUirements or
standards found elsewhere m the Code of Laws of the CIty of Wheat Ridge, which are m
eXIstence as of the date of adoptIOn of thiS Ordmance, the proVISions, requirements and
standards herein shall supersede and prevail.
Section 6. ThiS Ordinance shall take effect 15 days after final publicatIOn.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~to
~ on this 1 nth day of July, 2006, 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 August 14th 2006, 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 th day of
SIGNED by the Mayor on thIs _ day of
,2006.
JERRY DITULLIO, MAYOR
ATTEST:
Pamela Y. Anderson, City Clerk
APPROVED AS TO FORM BY CITY
ATTORNEY
GERALD DAHL, CITY ATTORNEY
I st PublicatiOn. July 13, 2006
2nd Publication.
Wheat RIdge Transcnpt
EffectIve Date
c: \p lann mg lionns\ord. frm
City of Wheat Ridge
7500 W 29th Avenue
Wheat Ridge, CO 80033
~'3frt~d ,:h ~ ~
@) ~~~i c tI(gr\~ it-~ (.
6!IAr/o~ .
\
I
/
August 14, 2006
Dear City Council Member,
This evening I would call your attention to several issues in the applicant's submission
that fail to adequately address concerns of the adjoining landowners and neighborhoods.
These concerns are'
1 Fencing: my property adjoins the proposed development along parcels 4 and 5 I
own and keep horses at my property. The OOP acknowledges the negative
impact of the proposed development on adjoining neighbors and neighborhoods
and seeks to mitigate these impacts through increased buffers and context
sensitive design solutions. Early on in the public process I requested a 6-8 ft.
high solid masonry fence between my property and parcels 4 and 5 for, the
safety of my horses, sound mitigation, and visual improvement. The developer
and their representative have refused to include this reasonable level of fencing
in the project because it would cost $12,000 more than a wood fence. I was told
this is a "deal breaker" Please keep in mind this is less than 3 one hundredths
of 1 per cent of the total cost of the project. Tonight I ask you to consider the
reasonableness of my request and require solid masonry fencing along parcels 4
and 5 as part of your approval of the project.
2. Buffer zone along parcels 4 and 5 Parcels 4 and 5 are the two main parcels that
adjoin existing residential neighborhoods. The planning staff has recommended
minimal buffering between the existing residential neighborhoods and the
proposed development. I request that a 40 foot wide buffer zone be established
on the south and west sides of parcel 4 and along the south side of parcel 5 to
protect the integrity of the existing neighborhoods. This can easily be
accomplished without impacting the developer's proposal.
3 Lighting Allowable uses for the site include hotels which are open 24 hours 7
days per week. The ODP states that exterior lighting and signs must be closed
one hour after close of business. For certain allowable uses, like hotels, the
business's will never close or close at 2:00 a.m. for restaurants/bar I request
that the OOP be amended to require all exterior lighting and signs be turned off
no later than midnight on weekdays and 1'00 a.m. on weekends. The planning
staff review requires that "all light be contained on the subject property" This is
an undefined statement and has no measurable or quantifiable substance.
Tonight I am requesting that prior to granting temporary or permanent occupancy
for any structure or parking area that light spillage be measured and documented
by a private consultant selected by the adjoining home owners and paid for by
the developer or city I believe this request is consistent with the intent of the
OOP, and will provide the adjoining neighborhoods with a level of comfort not
currently articulated in the OOP
4 Traffic: To exit from my neighborhood requires a left hand turn onto east bound
32nd Ave The Traffic Impact Study (TIS) is incomplete in that it does not show
current wait times to make turns onto 32nd Ave. from side streets comparing
current wait times with wait times after completion of the project. However, from
the information provided in the TIS we can assume that traffic for a peak
weekday evening will increase at least 21 % at the corner of Alkire Ct. and 32nd
1
"
Ave. I request that approval for this project be postponed until the TIS is revised
to show current and projected turning wait times for all side streets along 32nd
Ave. within Yo mile of 1-70 If this is not feasible, I request that at the corner of
Alkire Ct. and 32nd Ave. a sensor be placed that will turn lights red along 32nd
Ave, so we can reasonably and safely exit onto 32nd Ave.
5 Trails: the ODP references pedestrian trails. I request that this be amended and
defined as multi-use trails that would accommodate bicycles and equestrians.
Thank you for your consideration.
Sincerely,
Roxanne M. Runkel
3415 Alkire Way
Golden, CO 80401
Attachments: Pictures of current fencing or lack thereof
References to buffer with residential
Correspondence with Cabela's
2
~
!~~~,~
"'-
".
~
"
{
\
I
\
."
i
i
~." ~ j
.( l'
t" r-
f ,I
,,)1 t~;
, 4 r
'1 A'
, .f.'..
.{
,~ j
, ~; ~
, ,. f': II
. ;( J "
.'""
.
",,-
< .'\
f;t
,(-
,;',.;(
\
t
,
i
',t
1;~
~ "
II;
..
" ~
( .
<
~':&'4 ~' ..
.. ,. 1: ., ,
to . )
r '~
", .. ;; ..
, . i "4 ,
f
1. " 41 i
" h" , '.
f J. '.
,~~ J ~:,., .
1
r A ,
.. ,
i lor /
f .-'
,.
t.
II
!.
"
j,
j
t
t'l
IL~ ^ : ~
~~~
)
? ~. ' F., > ~
.'
,1,
"; '?
~.,.~
,..'l.'ll
"
'f'", It
, .
~
, ,j
\
\
I
I
lJ
/
I
I
/
J
)
I
I
,
I
~
~
..~...
'.~' -
~ ~ ,,~..:1"-:':":.'
'\ \..\.~ \
. ~,
f'~ '>41' ,..~.
;"""t ' \.
>. .
"l '<..~
"
."7~-r
if!"
-f,' ,
"
, '.J
.,
"
~
,
i ..
, J.:;......
'tt
\~..l.-'
k, I f~~
11' J'"
.'4-
Si:''; ,HI ·
'.
..
lil
',If"
,1
, ...
; f
i-
;,:
"
.,
, . .
""
, ,
.'.
, , .
,
,
, -
~
'>>,.-...
, i
'f;' .
~.~ ~
'"
t
'"
-~
'~< .....
~<
".
"'.",
-
.. . ~ '.;:.., 4'
)< 1 :' '"",,1" '.t<< ~
~l' .'4-4..tJ:',
"
.. ~~if.U'~\
-:;:;:::::~1~~~~~ r-~~..:
'.. A;'~~'#';'-~-:'-::p:"""",__~ $~~:
;%~":::-~~~?"'~:~ v:a.~:;,-~~~.
."""~..:""':;;:;~~- ~~.
'\\\1f;UW\i! ,~\
- -.-..-;.;::.~~.
'. ":"'-::-.*;';'-*r";;::':;;:~
~;~@~~~~~~~~ .j,- -.
. <." ~~;,=~.:;::::~;;~::~~~ ..
"-=:-:~;:;::: .-;~-::;-:::;:-~::::::::::.::~. -:.,
... ..~ N ..;0::.-_"" ..._............" ..._~~:;.::::_-I'::: "'''.
: ~::=1=:;::::~:;:=-*?::;::.;.;;:~~"_~
~-,.. .;-::. .;...,.;~~::'"""'~~-:-:..::... ..A....
. =';'. . . ::.: .-:.-::.:::::::;::;~~--~::~ ;-. ''':;''
-.......:.~....: .... :--:.-::;;:...:;-:......; :.,:,
.--... --"'r.r. ...~............._""'!j...~_..
. ::....::,:--;'-;: .. .<:..:~-::~ ~~~~..~ ~~
: :-::":'-:~~", >'~:';::}!-::';:::-:,:.:. ';~.
^::-;,.........~. .....:;:- -':;:-....::~~.... .:;..::..
-,,'::,. ..-<"';,f(..1.:;:.. --:-__4~~""_........~......
- ~ ..~.. "; ~<:.:~:.~.:.:-~::~~~ ;00-
. ;> n- .....";.....:. ~ __ ;:'"_....,::.-::-__::.__~_ << _
. ;.:. :.:' .:..;;~~"'!~~~;;O::..._... . ,
...:--~~~~.... - - ..... -~..-...
"
!'
,~:
f'j,
References to buffer with residential:
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
DATE OF MEETING June 15,2006
ACTION REQUESTED' Approval of an amendment to an existing Outline Development
Plan, Final Development Plan and a Final Plat
1 Page 2 Allowed Uses th sentence, "For example, the parcels directly to the
north of the existing residential will contain less intensive uses and greater
buffering to lessen the impact."
2, Page 4, 3rd 1], first bullet, "Some desired attributes of the BP designation are
. Well buffered to minimize negative impacts to adjacent neighborhoods and
residential uses"
3 Page 4, 5th 1]," The following are goals which relate to the proposed rezoning
and subsequent site development:
Goal - that meet the needs of the City and are compatible yet well buffered
from surrounding areas,
Goal - All new commercial development. shall be designed to minimize effects
on nearby residential uses
Policy ,New commercial development or redevelopment projects shall
demonstrate measures taken to reduce likely neighborhood impacts, The
Planning Department and Planning Commission shall pay particular attention
to landscape buffering between uses, "
Policy -" ,Additional buffering, in the form of landscaping, may be required for
sites adjacent to residential "
4 Page 5, 2nd 1], 2nd sentence, "The properties will be appropriately designed to
provide attractive businesses which are adequately buffered from surrounding
residential properties,"
5 Page 8, Fencing/Buffering, "AII fences must be in compliance with Section 26,
603 of the Code of Laws This Section allows a maximum fence height of six feet
in rear and side yards, A twenty foot buffer is proposed for the portions of
parcels 4 and 5 which are adjacent to residential properties This buffer will
contain trees and shrubs consistent with Code requirements"
6 Page 1 0, 4., last 1], Where the parcels abut existing residential (parcels 4 and 5),
a 20,foot landscape buffer is being proposed, complete with trees and shrubs
dispersed at a rate consistent with the Code, this buffer will minimize adverse
impacts to the residential area."
7 Page 11, 2nd 1], "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 are able to serve the property, and the
developer will incur the cost and maintenance of any improvements."
8 Page 15, 4 "The proposed uses will be compatible with the surrounding area,
Required buffers will minimize the impacts to adjacent residential uses,"
Cabela's Land Use Application Submittal April 2006
Official Outline Development Plan(ODP) and Final Development Plan(FDP) Narrative
9 Page 6, 1 5t ~," This ODP contains detailed Development Standards,
including Fencing Standards, and Standards governing Character of
Development, that will assure the highest quality and aesthetics of design in the
development of the Project.
10 Page 6, 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,"
11 Page 8, 3rd ~, 'The purposes of a Planned Development District include. 1 To
accomplish compatible development with adjacent commercial, residential and/or
industrial land uses through proper land use transitions and buffering techniques
12, Page 8, last ~ continued to Page 9," ,As previously noted, the proposed ODP
and FDP provide for a site development plan for the Property that minimizes
impacts on nearby residential development, "
13 Page 9, 3rd ~, "Additionally, the ODP sets forth specific Development Standards,
Lighting Standards, and Architectural Standards, designed to ensure high quality,
internally compatible and harmonious development, "
r
Brownstein t Hyatt I. Farber
4 < U Sevellteen:h Street
Twpnt yJ,ecorld FIcI(JI
[lei I-lei I~ :)101 1drl t50:2UQ 44:17
bht law r:Orl!
January 24, 2006
Carolynne C White
Attorney at Law
T 303.223.1197
F 303.223 0997
cwhite@bhf-Iaw com
Ms Roxanne Runkel
3415 Alkire Way
Golden, CO 80401-1657
Dear Ms Runkel
I am writing on behalf of Cabela's, and their consultants and contractors, about the
current grading operations on the Cabela's site, adjacent to your south property line
As you know from our correspondence dated November 7, 2005, Cabela's is
proceeding with the re-grading of the property, and has provided temporary grading
to within 5 feet of your south and east property line, including temporary erosion
control at the swale leading from your property to the Cabela's site
I understand you have had several communications with various personnel involved
in the project, most frequently, Mike Palumbo, of Project One, in which you indicated
a desire for the grading to be raised by some 3 to 5 feet in order to block your view
of the Wal-Mart located on the east side of 1,70, and of 1,70 itself As Mr Palumbo
informed you, it is not feasible for this to be accomplished, due in part to the
substantial amount of fill this would require, and because our permit requires a
gradual slope all along the property boundary in that area,
At the Open House on November 30, 2005, you spoke with Mr Nienhueser of
Cabela's and Mr Palumbo regarding your desire for Cabela's to build you a fence
Cabela's agreed to provide, at its own expense, a 6,foot privacy fence along your
East property line on your property After walking the property with you on
December 1, 2005, Cabela's also offered, to clear the dead trees on your property
at the corner, so the fence could be built in a straight line At that time, you
requested that the fence be increased to 8 feet.
We have investigated the price difference between the 6,foot fence and the 8-foot
fence, and determined that we are willing to provide you with an 8' high wooden
privacy fence along the property line that separates the east side of your property
and the Cabela site We will be applying to Jefferson County for a fence permit as
soon as we receive your acceptance of the terms of this letter, and will then
commence construction of the fence as soon as practicable However, please be
aware that the fence will be constructed on your property and once constructed, this
fence will become your property, and it will be your responsibility to maintain it over
time If you feel that this privacy fence is not adequate to contain your horse we will
build the privacy fence in a manner that leaves your existing wire fence in place It
Brownstein Hyatt & Farber, pc.
, 3U3.223 1 IOU 31J:l.~23 1111
20~.296 7353 202.2U67()()Q
505,2440770 fljb,244.92{)l;
; :]70945,5302 970.304.23GO
Ms, Ro,anne Runkel
January 24, 2006
Page 2
build the privacy fence in a manner that leaves your existing wire fence in place It
is our understanding that you have stated to Jefferson County a desire for a
masonry fence The cost of such a fence exceeds the limits of Cabela's ability to
accommodate your requests At this time, Cabela's IS willing to construct the 8'
wooden privacy fence as described
We appreciate your interest in the Cabela's project, and have endeavored to provide
you with current and accurate information at all stages of this project. We will
continue to communicate and coordinate with you to the greatest extent possible, to
ensure that any impact to you from the project is minimized Cabela's has been
more than accommodating of the various requests you have made, and has agreed
to a significant amount of additional labor, work, and expense in doing so However,
Cabela's simply cannot accept ongoing responsibility for the maintenance of a
private fence, particularly on property that it does not own or control
Please feel free to contact me if you would like to discuss this matter further, or to
contact Mike Palumbo if you have specific questions regarding construction
schedules or processes
cc Kate Newman, Special Projects Coordinator, Jefferson County
Tim Paranto, Director of Public Works, City of Wheat Ridge
Mike Palumbo, Project One
Alan White, Planning Director, City of Wheat Ridge
CCW
Dear Mr Nienhueser'
\D\f)C/VV,
{o\~ 6 p</ 0 tT~'.'\.
tL r-:....6J 0' . (. u
/I' Y . \)1-" (.....(D ~-J
10J V( \" cY
'\ iJ'\.' ~
~ ,1f:r \~ \f-Y
/lD() . ')J ,
V (A' ~j~
April 26, 2006
Mark Nienhueser
1 Cabela Drive
Sydney, NE 69160
I am writing in reply to the letter I received from Brownstein Hyatt & Farber, pc. dated
January 24, 2006 regarding a privacy fence between my home at 3415 Alkire Way, Golden,
CO 80401 and the East side of the Cabela property
I have had several communications with Mike Palumbo, of Project One, to mitigate the
impacts I am experiencing due to the Cabela development. The natural barrier that existed
prior to development was land and trees. Since the natural barriers have been removed, I
have noticed a significant increase in traffic noise from Interstate 70 and can now see
across the Interstate to the Walmart store. I anticipate even more traffic noise when
Cablea Drive is in place.
As you know, I have two horses and am concerned about their safety as well as my own.
You offered to provide a privacy fence along the East property line. Because we are
dealing with livestock, a wood picket privacy fence would not be an adequate barrier. The
horses would easily be able to kick through the wood and possibly injure themselves, push
the panels over, and if they chewed on the wood it could cause splinters in their mouths
and possibly lead to colic which could kill them.
I have done some research on fencing to find something that would create a sound barrier
and be safe for my horses. Slaton Bros., Inc. has a mortarless, stackable fencing system
that I believe would be ideal. I have enclosed a proposal from Slaton Bros., Inc. for the East
property line and would appreciate your consideration of this option.
The dead trees in the corner will be removed by Saturday, April 29, 2006 and fence
construction could begin on May 1,2006.
Please let me know if you are agreeable to this solution.,~)I',~
~:
Thank you for your concern for the residents adjacent to the Cabela deveIOpmen\~' ,,~'i'!' :.
Sincerely, J \
~ I ~-~ V-Uv
~" \ ~ /
/"
__ -t'>
Roxanne Runkel
cc:
Cheri Jahn, State Representative
Kate Newman, Jefferson County
Jerry Ditullio, Mayor, City of Wheat Ridge
Alan White, City of Wheat Ridge
Tim Paranto, City of Wheat Ridge
Mike Palumbo, Project One
Carolynne C. White, Brownstein Hyatt & Farber, P.c.
"
"
,_ I ,..--.
PROPOSAL
Slaton 13ros I ,-'~
~J1I8 S Dc
'0' Alto11 \\'"} Bld~, 0
, , C ~l11enn';]l, ( 000 ;
Ph,(.'lhloW_"l 1 L
U ,) ull F." ('0'
eo", ~ _'I ~O';-(' 10'
w\~ 'I { U 0 0 ~
- II'" monbro"cotl1 -
PROPOSAL
o
vi - ! \
c.. ~
, I
Date:
Job Name:
Job Number
"
,~
I !
.,
Phone:
Fax:
Cell;
, / ~.'~
'- 'I
Submitted To:
Address:
City, Stale, Zip:
, 'I'
-, t!'
~ "I
We are pleased to submit a proposal for labor, material, and equipment as detailed herein, to install retaining walls I stairs I cobble-
stone pavers I fence I or other items detailed beluw and installed per manufacturer's specifications.
Field Drawinl<-
;;05;/
~cl~
\{Q~ : /~ ~-'< I' ~c:s...
cQb'~A~\
~ U
\<-6 ~S~~
06'5 / Lc~
j2 fl1.
~
"5~C~~\ V\CCC-~
o
Work Included: Check all that apply:
~vation as required,
~~ and install bl",* and cap units.
dtl Block, ,. ~ Color)
o Furnish and install 6 X 6 X 8 pressure treated
timbers.
o Furnish and install soil re-inforcement (geo-
grid) as required
o Furnish and install soil as required, L-CY)
o Furnish and install drainpipe, geotextile,
sonotubes or other
~sh and install leveling pad as required.
[]-1:'urnish and install free draining rock as
required
o Remove and haul away timbers! excess
soil! fence! existing wall,
~hackfill and compact with on,site soil.
[J--Fmal grading behind and in front of wall,
D.---Tl1orough clean up.
o Other:
Work Excluded:
This quotation does not include de-waterin~ frost protection, permits! fees or bonds, water, engineered shop drawings
stamped by a Colorado P.E., erosion or dust control, landscape planting and repair, or relocation of utilities.
.
\ C1.,??14
/
Any items not specifically included are excluded,
Any alteration or deviation from this proposal involving extra costs will be executed only upon written change orders,
Slaton Bros" Inc assumes no responsibility for accidents or work delays caused by acts of God or other activities outside
our immediate control. (,
All work carries a full year construction warranty
S2=l
L'~l
'-
Total Bid: $
Notes:
.
.
.
Os: .
40% down payment, remainder at completion of job
Work will not be started until down payment is made.
~-- - ) ,------..... / /'
~ /s-f. ,(
~~ '-..' -,/
>--t '/' {C~ Li ~ ! / .C /;
Accepted By:
Date:
Slaton Brps., Inc.
/
/
Date:
H.~.S~~. B~QS~ ?.F!.~NT_I!'J~
A Mortarless, Stackable Fencing System
Versatile, Permanent and Easy to Install
AB Fence is Ideally suited for commerCIal,
industnal, highway and residential applIcatIOns.
The patented AB Fence system IS an attractive
and economical choice for privacy, commerCIal
containment and noise barriers solutions,
allan block. com
FENCE by Allan Block
A Mortarless, Maintenance-Free, Stackable System.
AB Fence is ideally suited for sound barrier applications
and provides sound dampening up to two times greater
than wood fences. It also provides the aesthetic style,
long-term durability and low maintenance of concrete
masonry without the prohibitive costs associated with
mortared masonry construction.
It can be used alone or combined with other fencing
products to add elegance, beauty and increase privacy for
perimeters and entrances. It allows you to create patterns
with textures or colors, develop flowing curves, and adjust
for the grade changes of your site.
AB Fence offers a cost effective and attractive means
to separate residential areas from the noise and bustle of
industrial and commercial properties. It can also be used
to meet the screening and containment requirements
common in commercial development
· Fully engineered to heights of
over 15 ft. (5 m)
· Mortarless and stackable
· Dramatically reduces construction costs
· Design versatility with color,
curves & corners
· Easy Installation
Allan Block Fence is the striking, aesthetic choice for
a wide range of applications. From municipal sound
abatement structures to residential development and
commercial containment, AB Fence is the economical
solution for projects of any size
Design &
Engineering Support
Allan Blocks engineering
department is available to
assist you with any design,
engineering, estimating, or
technical questions,
System Concept and Product Profile
The AS Fence system has two main components - posts and
panels. Post structures are constructed with concrete piles below
grade and AS Fence Post blocks reinforced with steel and concrete
grout. The AS Fence panel sections are comprised of AS Panel
blocks dry stacked on a compacted gravel base. Reinforcement
steel and concrete grout are also utilized to form bond beams
giving the panel the desired rigidity
The details of each specific AS Fence design are determined by
wind and seismic loads transmitted from panels to the reinforced
posts. The stability of the system is dependent on the size and
depth of the concrete piles and the frequency of the reinforced
fence posts. The AS Fence panels are free to move vertically
eliminating the need for frost footings below the panels.
Typical Post and Panel Section
r
Fence
Height
I
Pile
Depth
'"
~\
'- Finish Grade
Well Compactible
Aggregate
I
----L
Panel
Length
Cap Block
Panel Block
Solid Grout
Post Block
Horizontal
Steel
Pile
Diameter
Vertical Steel
FenCe Capstone is
to finish the top of the ,,_
t:'::.~:~ x.~ in H, ; '.. __"I(~::':}.
,,-,Jl3~H~~.}{_ l'~~;~' ;'1 '~l.''''F: ~: ,;~"lf;f:-~
~~k,~~ _ '~~~~~'" /-(,. -J.r'i.'- _ T, , ~->-~~~f~
'"'~.
specifications are approximate. Contact your
~.I representative for exact specifications.
';\.,
City of Calgary
A new residential housing development
in S.w. Calgary called Garrison Woods
was being developed adjacent to a six
lane arterial roadway with a posted speed
of 50 mph (80kph). The City of Calgary's
bylaws mandate noise attenuation, and it
was determined that a noise barrier would
be required. The developer, Canada Lands Development Company, donated a portion
of the development to the City of Calgary to construct an affordable noise barrier.
Allan Block Manufacturer CCI-Industries,
presented the Allan Block Fence System
to the city. The AB Fence System cost less
than the post and plank system that
was originally preferred by the developer
for attractiveness, and with a designed
height of 13 feet (4 m), would also easily
achieve the noise reduction of five
decibels required by the city, When
tested after construction, a 13 decibel
noise reduction was actually achieved.
The Allan Block Fence System was the clear winner on this project, satisfying
performance, financial and aesthetic needs, The success of this project has lead to
the City of Calgary accepting Allan Block Fence as a preferred noise wall solution for
several subsequent projects totally over 500,000 square feet.
For more information, contact your local Allan Block Representative today!
r~ fl(' 7
.' " j 'lC
:: \ L-n
, '
I l (
allan block. com
Allan Block Corporation '13()(l EdinJ. Jnd:t~tT1u[ Bli,d, Edinll, .\-1,\ 5543~ 952-835-5309 - Phone 952-835-0013 - Fax
US Patt'nt # .1,02.),;"9:- & tJ,l)32,u6; [nt'l and otnt'! plltents pending to 2003 F0204
Kate Newman
Jefferson County Administrators Office
100 Jefferson County Parkway, Suite 5536
Golden, CO 80419
Jerry Ditullio
City of Wheat Ridge
7500 W 29th Avenue
Wheat Ridge, CO 80033
Cheri Jahn
State Capital
200 East Colfax Ave, Suite 271
Denver, CO 80203
Alan White
City of Wheat Ridge
7500 W 29th Avenue
Wheat Ridge, CO 80033
Mike Palumbo
Project One
Meridian One
9785 Maroon Circle, Suite 150
Englewood, CO 80112
Carolynne C White
Brownstein Hyatt & Farber, P C
410 Seventeenth Street
Twenty-Second Floor
Denver, CO 80202,4437
Tim Paranto
City of Wheat Ridge
7500 W 29th Avenue
Wheat Ridge, CO 80033
Mark Nienhueser
1 Cabela Drive
Sydney, NE 69160
Brownstein Hyatt Farber
'I J.
1\ . <"........
it 1 r I SR\/cI1tet-:'ntrl ~heet
T.'wlll ,<3c:rxwd II\J~)I
L-IP.IIVt-CI, 1~.J;)i()ldCl~1 8U~CJ'2-44,~7
IJrif-j;1\'-: uJITI
June 12, 2006
~ '.T
\~;
, .~'.
.,
\
~
~j
~~
'." :t
'.i
,\ ' ..j
~ t
,I
"'"
(
,
....~',
Carolynne C, White
Attorney at Law
T 303.223,1197
F 303,2230997
cwhite@bhf-Iaw com
Ms Roxanne Runkel
3415 Alkire Way
Golden, CO 80401-1657
Dear Ms Runkel
I am writing on behalf of Cabela's, and their consultants and contractors, in
response to your request that Cabela's construct a masonry fence separating your
property from the adjacent property, with an estimated cost of approximately
$19,000
With this letter, Cabela's reiterates its previous offer to construct a 6,foot tall cedar
privacy fence, which has recently been estimated at a cost of approximately $7,053,
but declines your request for a $19,000 masonry fence
As I'm sure you're aware, the Cabela's project is only part of the ultimate
development for the property owned by Coors, that is the subject of a pending
Official Development Plan (ODP) application with the City of Wheat Ridge As part
of that application, Cabela's has submitted a Final Development Plan (FDP) for the
development of its portion of the project. But no FDP has yet been submitted for the
property that is immediately adjacent to your property at 3415 Alkire Way The
ultimate uses and site design for that property remain to be determined, and will not
be determined by Cabela's Aside from the other, obvious reasons for not
constructing such a fence as you have requested at this time, it would not be
practical, in light of the uncertainty of the final use and design of this site
At the Open House on November 30, 2005, you spoke with Mr Nienhueser of
Cabela's and Mr Palumbo regarding your desire for Cabela's to build you a fence
In subsequent letter, Cabela's agreed to provide, at its own expense, an 8,foot
privacy fence (increased at your request from 6 feet) along your East property line
on your property
Since then, you have communicated, on several occasions, your desire for a
masonry fence, to both Jefferson County and various representatives of Cabela's
There is no requirement in the Wheat Ridge Code, or other applicable regulation, for
Cabela's to construct any fence, much less the $19,000 masonry fence you have
requested
While Cabela's desires to be a good neighbor, and to accommodate to the degree
possible the various requests it has received from residents in the neighborhood,
Brownstein Hyatt & Farber, PC
~~( 13,223 1100 3CJ3.QQ3; 111
()()s: ~~jh 7:-)~:d ?02.29li 70UD
~Jn~).24tj l}770 505.2449266
Q70.'::-J.'\G fl,-lU2 rJ7rJ o84,23hO
Ms Roxanne Runkel
June 12, 2006
Page 2
the cost of the masonry fence you have requested exceeds the limits of Cabela's
ability to accommodate your requests At this time, Cabela's is willing to construct
the 6' wooden privacy fence as described
We appreciate your interest in the Cabela's project, and have endeavored to provide
you with current and accurate information at all stages of this project. Cabela's has
been more than accommodating of the various requests you have made, and has
agreed to a significant amount of additional labor, work, and expense in doing so
Cabela's remains willing to construct the 8,foot fence we have discussed
Alternatively, if you would like to construct the masonry fence yourself, Cabela's
would agree to contribute the cost of the 8-foot cedar privacy fence ($7,053) as
estimated by Denver Fence Construction Co , towards the cost of the masonry
fence
Please feel free to contact me if you would like to discuss this matter further, or to
contact Mike Palumbo if you have specific questions regarding construction
schedules or processes
Very truly yours,
C C < u Q '~'" \' ~ L iJ,\, \ \ 'y \;) >l ~~
Carolynne C White
Local Land Use Counsel for Cabela's
cc: Kate Newman, Special Projects Coordinator, Jefferson County
Tim Paranto, Director of Public Works, City of Wheat Ridge
Mike Palumbo, Project One
Alan White, Planning Director, City of Wheat Ridge
9799\1\9854341
06/26!2006 12'57
3032352857
PLANNING
PAGE 01/02
City of Wheat Ridge
Community Development Department
Fax Transmittal
TO: Dwaine Richter
FROM: Travis Cran~
SUBJECT: Cabela's Planning CommIssion Hearing
DATE: 23 June 2006
Dwaine -
In response to your voice message, I offer the following mformation:
The Planning Commission recommended approval of the Cabela's Outline Development Plan with
the following conditions:
1 The easements or right-of,way needed for the constntction ofCabela Drive where it
crosses Jefferson County property and off-site to the State Highway 58 interchange and
to West 32nd Avenue shall be secured prior to the issuance of any building permit.
2. The traffic improvements labeled as 'Year 2008 improvements' in the traffic study dated
June 2006 shall all be constructed prior to the issuance of any certificate of occupancy,
ll1ese improvements shall additionally include the pedestrian trails on the west side of
Cabela Drive and the west side of the frontage road.
3. A note shall be added to the Outline Development Plan which reads: '<Freestanding signs
that do not exceed 15 feet in height must have a 10 foot setback from any property line.
Freestandmg signs which are more than 15 feet in height must have a 30 foot setback
from any property line."
4. The footnote under Development Standards whieh references increased side and rear yard
setbacks where adjacent to right-o[,way shall be removed,
5. The reqUIred front yard setback for parcel 5 shall be reduced to 15 feet.
6. TI1e language which regulates signage shall be modified to include an allowance for wall
and freestanding signage for parcell Q.
7. The use chart shall be modified as it relates to processing and assembly to read.
"processing, assemb(v or light industrial operations."
8. A preponderance of trees shall be added to the buffer area
9 There shall be no buildings, signs or parking allowed within the buffer area.
I O. Free standing lights may be a maximum height of 25 feet.
The Planning Commission recommended approval of the Cabela's Final Development Plan with the
following condition:
1. A ten-foot pedestrian trail shan be shown On the north side of West 40th Avenue on the
Final Development Plan.
Finally, Planning Commission recommended approval of the Final Plat with the fo11owing condition:
OS/25/2005 12:57
303235285;
F'LAHHIHG
F'HGE 02/02
1. A plat note shall be added which requires the applicant to be responsible for providing a
grade separation of the Clear Creek trail and Cabela Drive with the trail gomg underneath
Cabela Dnve.
The City Council hearing is scheduled for Monday August 14,2006 at 7 p.rn The meeting will be
held in the City Council chambers. If you have any questions, please feel free to contact me. I can be
reached at 303.235,2849 or tcrane((V,ci.wheatndge.co. us
ITEM NO:
f).,
I/$~
ru
COUNCIL MEETING DATE:
August 14, 2006
TITLE:
COUNCIL BILL 01-2006 - AN ORDINANCE ENACTING
CHAPTER 20 OF THE WHEAT RIDGE CODE OF LAWS,
ENTITLED STORMW A TER QUALITY AND CONTROL
o PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date')
I:8J ORDINANCES FOR 2ND READING
Quasi,Judicial 0 I:8J
~ No
)//,7--t: ~
Director of Public Works
Dr*l!e~JfJttI
EXECUTIVE SUMMARY:
Staff has developed a stormwater quality and control ordinance III compliance with the City's Colorado
Stormwater Discharge PermIt. The ordinance enables the City to effectively manage various
stormwater discharges, as required by the State permit. The ordinance has been developed from a
model ordinance and ordinances in place III adjacent municipalItIes. The City Council prOVIded input
and direction concerning the ordinance at Study Sessions on December 19,2005 and January 17,2006
The current draft of the ordinance incorporates changes requested at the study sessions, AddItional
public open houses were held on April 5 and May 17. The ordinance has also been reviewed,
amended and approved by the City Attorney.
COMMISSION/BOARD RECOMMENDATION:
None
STATEMENT OF THE ISSUES:
The Environmental Protection Agency established the National Pollutant DIscharge EliminatIon
System III 1987 to implement the Clean Water Act. The City of Wheat Ridge was required to obtain a
State of Colorado Stormwater Discharge Permit from the Colorado Department of Health in
compliance with the Federal law. The permIt required the City to establish a Stormwater Management
Program to 1. Implement a stonn water quality mangement program and means of enforcement. 2,
Track progress toward goals, 3 Report on program progress.
The penn It requires the City to address SIX areas as follow: I Public EducatIon. 2. Public Involement.
3 IlliCit Discharge DetectIon and EliminatIOn, 4. Construction Site Runoff Management. 5 Post,
Construction Storm Water Mangement. 6 Good Housekeeping and PolutlOn PreventIon. SpeCifically,
the City must establish a means to enforce minimum control measures in areas 3, 4 and 5. The
proposed ordinance wlillmplement the Federal requirements as outlined In the City's State permit.
ALTERNATIVES CONSIDERED:
None
FINANCIAL IMPACT:
No additional budgetary Impact is antIcipated from the establishment of the proposed ordinance, as the
activities required In the ordinance were anticipated as the CIty's Stonnwater Management Program
was developed. The management of the Program and enforcement of the proposed ordinance will be
performed by current staff.
There should be no additional tinanciallmpact to reSIdents by adoption of the proposed storm water
enforcement ordinance. The ordinance provides for local enforcement of State and Federal regulations
currently administered by the Colorado Department of Health.
RECOMMENDED MOTION:
"I move to approve Council Bill 01,2006 - An Ordinance Enacting Chapter 20 of the Wheat RIdge
Code of Laws, EntItled Stormwater Quality and Control on second reading and that It take effect 15
days after final publication,"
or,
"I move to table indetinitely Council Bill 01-2006 - An Ordinance Enacting Chapter 20 ofthe Wheat
Ridge Code of Laws Entitle Stormwater Quality and Control for the following reason(s)
"
Report InitIated by' Steve Nguyen, Engineering Managcr
Report Prepared by: Tim Paranto, Director of Public Works
Attachments:
1. Council Blil 01,2006
060814 CAF Stormwater Enforcement Ordinance 8-13-6.doc
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER SANG
Council Bill No 01
Ordinance No
Series of 2006
TITLE: AN ORDINANCE ENACTING CHAPTER 20 OF THE WHEAT RIDGE
CODE OF LAWS, ENTITLED STORMWATER QUALITY AND
CONTROL
WHEREAS, the City of Wheat Ridge is a Colorado municipal home rule
corporation vested with powers under the Colorado constitution and statutes, and
WHEREAS, as of March 10, 2003, the City is required to have a State of
Colorado General Permit for Stormwater Discharges associated with Municipal
Separate Storm Sewer Systems, and
WHEREAS, on March 5, 2003, the City of Wheat Ridge applied for a State of
Colorado General Permit for Stormwater Discharges Associated with Municipal
Separate Storm Sewer Systems, and successfully obtained Permit Number COR
090015,and
WHEREAS, as a condition of this permit the City is required to adopt an
ordinance addressing illicit discharge detection and elimination, construction site
stormwater runoff control and post,construction stormwater management; and
WHEREAS, it is deemed to be in the best interest of the public health and
welfare of the residents of the City for the City to be in compliance with the State of
Colorado General Permit for Stormwater Discharges Associated with Municipal
Separate Storm Sewer Systems, and
WHEREAS, in order to accomplish this end, the City Council has caused to be
prepared a new Chapter 20 of the Wheat Ridge Code of Laws, entitled "Stormwater
Quality and Control"
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO
Section 1. A new Chapter 20 of the Wheat Ridge Code of Laws, entitled
Stormwater Quality and Control, is hereby enacted, to read as follows
CHAPTER 20 STORMWATER QUALITY AND CONTROL
Article I
In General
Sec, 20,1 Purpose and objectives
WRPW0111
ATTACHMENT 1
WRPW013
Sec 20,2 Definitions
Sec. 20,3 Applicability
Sec 20-4 Responsibility for administration
Sec. 20,5 - 20 10 Reserved
Article II
Illicit Discharges
Sec. 20,11 Illicit discharges prohibited
Sec, 20,12 Illicit discharges exempted
Sec 20,13 Illicit connections prohibited
Sec 20-14 Requirements applicable to potential discharges
Sec 20,15 Best management practices
Sec, 20-16 Access and inspections of properties and facilities
Sec 20,17 Notification of spills
Sec 20-18 - 20,30 Reserved
Article III
Permits
Sec. 20,31 Applicability
Sec 20,32 Technical standards and specifications
Sec 20,33 Construction stormwater management plan
Sec. 20-34 Post,construction requirement of permanent BMPs
Sec. 20-35 Guarantee and Financial security
Sec 20,36 - 20-40 Reserved
Article IV
Enforcement
Sec 20-41 Enforcement
Sec, 20,42 Appeal of Notice of Violation
Sec, 20-43 Aba\ement
Sec. 20,44 Stop Work Order
2
Sec 20-45 Penalties
Sec. 20-1 Purpose and objectives
The purpose of this Chapter is to regulate non,stormwater discharges to the
storm drainage system, as required by federal and state law and to protect and enhance
the water quality of watercourses, water bodies and wetlands in a manner consistent
with the Federal Clean Water Act. The objectives of this Chapter are
(1) To regulate the introduction of pollutants to the municipal separate
storm sewer system (MS4),
(2) To prohibit illicit connections and discharges to the MS4,
(3) To provide for inspection and monitoring procedures necessary to
ensure compliance with this Chapter;
(4) To reduce pollutants in stormwater discharges from construction
activity by guiding, regulating, and controlling the design, construction, use, and
maintenance of any development or other activity that disturbs or breaks the
topsoil or results in the movement of earth on land,
(5) To require permanent stormwater runoff controls to be constructed
along with development to prevent the deterioration of water quality; and
(6) To promote public awareness of the hazards involved In the
improper discharge of Pollutants into the storm drainage system
Sec. 20-2 Definitions
For the purposes of this Chapter, the following words and phrases shall have
the meaning set forth in this section
Agricultural Activities Activities directly related to a. land preparation for farming
such as plowing and disking, for the purpose of crop production, b the housing and
pasturing of livestock.
Best management practices, aka BMPs Schedules of activities, prohibitions of
practices, general good housekeeping, pollution prevention and educational practices,
maintenance procedures, and other management practices to prevent or reduce the
discharge of Pollutants directly or indirectly to stormwater, receiving waters, or
stormwater conveyance systems BMPs also include permanent or non,permanent
treatment practices, structures, ponds or basins, landscaping, operating procedures,
and other practices to control site runoff, spillage or leaks, sludge or water disposal, or
drainage from raw materials storage
...;
CDPHE The Colorado Department of Public Health and Environment.
WRPW 013
3
COPS The Colorado Discharge Permit System
Clean Water Act The federal Water Pollution Control Act (33 US C S 1251 et
seq ), and any subsequent amendments thereto
Director The City of Wheat Ridge Public Works Director or designee
Disturbed Area That area of the land's surface disturbed by any work or activity
upon the property by means including but not limited to grading, excavating, stockpiling
soil, fill, or other materials, clearing, vegetation removal, removal or deposit of any rock,
soil, or other materials; or other activities which expose soil Disturbed area does not
include disturbance caused by normal agricultural activities
Facility Any building, including a private home, structure, installation, process or
activity from which there is or may be a discharge of a Pollutant.
Finally Stabilized Area All disturbed areas that have been either built on, paved,
or a uniform perennial vegetative cover has been established, or equivalent permanent
physical erosion reduction methods and best management practices have been
employed If perennial vegetation is applied, 'final stabilization' shall be established as
defined in the City Standard Seeding and Mulching Installation Notes (as referenced on
WR engineering detail E,A03)
Hazardous Materials Any material, including any substance, waste, or
combination thereof, which because of its quantity, concentration, or physical, chemical,
or infectious characteristics may cause, or significantly contribute to, a substantial
present or potential hazard to human health, safety, property, or to the environment
when improperly treated, stored, transported, disposed of, or otherwise manage
Illicit Connections Any drain or conveyance, whether on the surface or
subsurface, which allows an illicit discharge to enter the storm drainage system,
including, but not limited to any conveyances which allow any non,storm water
discharge including sewage, process wastewater, and wash water to enter the storm
drainage system, and any connections to the storm drainage system from indoor drains,
sump pumps, floor drains or sinks, regardless of whether said drain or connection had
been previously allowed, permitted, or approved
Illicit Discharge Any direct or indirect release of pollutants to the storm drainage
system, except as exempted in this Chapter
Industrial Activity Activities subject to NPDES Industrial Permits, as defined in 40
CFR, Section 122.26(b)(14), or successor regulations thereto
Mobile Washing Operation A commercial activity involving power washing, steam
cleaning, and any other method of mobile cosmetic cleaning of, by way of example, the
following vehicles, fabric, pets and/or exterior surfaces
WRPW013
4
Municipal Separate Storm Sewer System (MS4) Publicly,owned facilities by
which storm water is collected and conveyed, including, but not limited to any roads with
drainage systems, municipal streets, gutters, curbs, catch basins, inlets, piped storm
drains, pumping facilities, retention and detention basins, and natural and human,made
or altered drainage ditches/channels/lakes/reservoirs, and other drainage structures
National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge
Permit of NPDES Permit A permit issued pursuant to Section 402 of the Clean Water
Act, including permits issued by the State of Colorado in compliance with the Act.
Non,Stormwater Discharge Any discharge to the storm drain system that is not
composed entirely of stormwater.
Operator The individual who has day,to,day supervision and control of activities
occurring at the construction site, includes the owner, the developer, the general
contractor or the agent of one of these parties,
Owner The person who owns a facility, development, part of a facility, or land
Pollutant Any sewage, sewage biosolids, garbage, chemical waste, biological
material, solid waste, incinerator residue, ash, munitions, radioactive material, heat,
rock, sand, cellar dirt and industrial and agricultural wastes discharged in the water
Pollution The presence in waters of the state of any substances, contaminants,
or manmade or man-induced impairment of waters or alteration of the chemical,
physical, biological, or radiological integrity of water in quantities or at levels which are
or may be potentially harmful or injurious to human health or welfare, animal or plant
life, or property or which unreasonably interfere with the enjoyment of life or property,
including outdoor recreation unless authorized by applicable law
Premises Any building, lot, parcel of land, or portion of land whether improved or
unimproved, and including adjacent sidewalks and parking strips
Storm Drainage System Also defined as Municipal Separate Storm Sewer
System (MS4)
Receiving Water Any water of the State of Colorado that receives a stormwater
discharge from MS4, including all watercourses, even if they are usually dry, and
irrigation ditches that receive municipal stormwater It also includes storm sewer
systems owned by other entities.
Spill any intentional or unintentional release of solid or liquid material which may
cause pollution of the MS4 or waters of the State
Stormwater Any surface flow, runoff, and drainage consisting entirely of water
from any form or natural preCipitation, and resulting from such precipitation
WRPWQ13
5
Stormwater Management Plan (SWMP) A plan describing the BMP and activities
to be implemented to identify sources of pollution or contamination at a site and the
actions to eliminate or reduce pollutant discharges to stormwater, MS4, and/or receiving
waters to the maximum extent practicable
Threatened Discharge A condition creating a substantial probability of harm,
which make it reasonably necessary to take immediate action to prevent, reduce or
mitigate damages to persons, property or natural resources
Wastewater Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility
Watercourse A channel, natural depression, slough, artificial channel, gulch,
arroyo, stream, creek, pond, reservoir or lake, including major drainageways, in which
runoff and floodwater flows, either regularly or infrequently
Waters of the State of Colorado (Waters of the State) Any and all surface and
subsurface waters that are contained in or flow in or through the State of Colorado The
definition includes all watercourses, even if they are usually dry
Sec. 20-3 Applicability
This Chapter shall apply to all water and other discharges entering the storm
drainage system generated on any developed and undeveloped real property with in the
City unless explicitly exempted by a provision hereof
See, 20-4 Responsibility for administration
The Director shall administer, implement, and enforce the prOVISion of this
Chapter
Article II
Illicit Discharges
Sec. 20-11 Illicit discharges prohibited
No person shall discharge or fail to implement adequate best management
practices to prevent an illicit discharge into the MS4 or watercourses, including, but not
limited to, the following
(1 )
and other
materials,
Chemicals, petroleum products, paint, varnishes, solvents, oil and grease
automotive fluids, pesticides, herbicides, and fertilizers, or other toxic
(2) Non,hazardou~ liquid and solid wastes;
(3) Hazardous materials, sewage, fecal coliform and pathogens, dissolved
and particulate metals,
WRPW 013
6
(4) Trash, refuse, rubbish, garbage, food wastes, animal wastes, litter, other
discarded or abandoned objects, floatables and cleaning products,
(5) Landscaping materials, sediment, lawn clippings, leaves, branches or
other landscaping and yard debris,
(6) Construction activities wastes and residues including but not limited to,
painting, paving, concrete placement, saw cutting, material storage and earthwork;
(7) Wastes and residues that result from mobile washing operations,
discharges from toilets, sinks, industrial processes; cooling systems, boilers, fabric
cleaning, equipment cleaning, commercial vehicle cleaning
(8) Any other material that is considered harmful to humans, animals, or
aquatic life and its habitat.
Sec. 20-12 Illicit discharges exempted
The following discharges when properly managed, are exempt from the
discharge prohibitions established by this Chapter Meeting exemptions identified in
this section does not imply or determine that a COPS permit is not required
(1) Water line flushing or other potable water sources, landscape irrigation or
lawn watering, irrigation return flows, diverted stream flows, rising ground water,
uncontaminated ground water infiltration to storm drains, uncontaminated pumped
ground water, roof drains, foundation or footing drains, air conditioning condensation,
springs, individual residential car washing, natural riparian habitat or wet,land flows,
swimming pools (if dechlorinated - less than 005 PPM chlorine), fire fighting activities,
incidental discharges from street sweeping operations, and any other water source not
containing pollutants
(2) Discharges approved by the authorized enforcement agency necessary to
protect public health and safety, such as flows from firefighting and street sweeping
(3) Dye testing, provided the person undertaking such testing provides verbal
notification to the authorized enforcement agency 24 hours prior to the time of the test.
(4) Runoff of roadway and sidewalk anti,icing and deicing agents, provided
that they are applied according to Best Management Practices,
(5) Runoff associated with normal agricultural activities
(6) Any non,storm water discharge permitted under a COPS or NPDES
permit, waiver or waste discharge order issued and administered under the authority of
the Federal Environmental Protection Agency (EPA), provided that the discharger is in
full compliance with all requi~ments of the permit, waiver, or order and other applicable
laws and regulations, and provided that written approval has been granted by the City
for any discharge to the storm drain system
WRPW 013
7
(7) Discharges as a result of activities of the City, where needed for emergency
purposes or to protect public safety, if approved by the Director
Sec. 20-13 Illicit connections prohibited
The construction, use, maintenance or contained existence of illicit connections
to the MS4 is prohibited This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection was permissible
under law or practices applicable or prevailing at the time of connection
See, 20-14 Best management practices
The owner or operator of a commercial or industrial establishment or a disturbed
area shall provide, at their own expense, reasonable protection from accidental
discharge of prohibited materials or other wastes into the MS4 or watercourse through
the use of structural and non-structural BMPs Further, any person responsible for
premises, which are, or may be, the source of an illicit discharge, may be required to
implement, at said person's expense, additional structural and non-structural BMPs to
prevent the further discharge of pollutants to the MS4
See, 20-15 Notification of spills
Notwithstanding any other requirement of law, as soon as any person
responsible for any premises, facility or operation, or responsible for emergency
response for a facility or operation, has information of any known or suspected release
of materials which are resulting or may result in illegal discharges or pollutants
discharging into stormwater, the storm drainage system, the MS4, or waters of the
state, that person shall take all necessary steps to ensure the discovery, containment,
and cleanup of such release In the event of a release of hazardous materials said
person shall immediately notify emergency response agencies of the occurrence via
emergency dispatch services In the event of a release of non-hazardous materials,
said person shall notify the Director in person or by telephone no later than 24 hours
after the release Notifications in person or by telephone shall be confirmed by written
notice addressed and mailed to the Director within 5 calendar days of the phone notice
If the discharge of prohibited materials emanates from a commercial or industrial
establishment, the owner or operator of such establishment shall also retain an on,site
written record of the discharge and the actions taken to prevent its recurrence Such
records shall be retained for at least 3 years
Article III
Permits
Sec. 20-31 Applicability
(1) Permit required ',M shall be unlawful for any person to conduct any activity
resulting in any of the following total disturbed areas without first obtaining a grading
permit; pursuant to this section and Section 26-623 of this Code The requirements of
this section shall be in addition to those contained within Section 26,623 In the event
WRPW 013
8
of conflict between this Chapter and Section 26,623, the more restrictive requirement
shall apply A grading permit shall be required for disturbed areas of'
(a) One acre or more
(b) Less than one acre if such activities are part of a larger common plan
of development, even though multiple, separate and distinct land
development activities may take place at different times on different
schedules
(c) The City may also require a grading permit regardless of the size of the
total disturbed area in conjunction with approval of a final subdivision
plat, special use permit, or site development plan, or if the construction
activities are adjacent to a watercourse or wetlands
(2) The following activities are exempt from this section
(a) Agricultural land management activities, not including construction
activities (CDPHE)
(b) Maintenance and repair of any stormwater facility, irrigation ditch,
watercourse, or related practice deemed necessary by the Director
(c) Emergency repairs to streets, water, sanitary sewer or other facilities
deemed necessary by the Director
(3) Permit application. Applications for grading permits shall be filed on a form
prescribed by the City
(a) In support of the application, the applicant shall submit all information
required on the City's form and any additional information requested by
the City
(b) The application shall be signed by all persons responsible for
compliance with the permit throughout the permit's validity
(c) The application shall include documentation of an application for a
CDPHE stormwater general permit for construction activities and a
completed SWMP which must include an erosion and sediment control
plan
(4) Land disturbance activities may not proceed until grading permit approval is
received from the City
(5) Permit issuance or denial The grading permit may be denied if the applicant
fails to provide the informatiOh required by this Chapter and section 26,623 If a permit
is denied, the applicant shall be notified in writing of the grounds for denial and of the
corrective actions that must be taken to obtain a permit. An applicant may appeal the
WRPW 013
9
denial in writing to the Director no later than thirty calendar days from the date of
issuance of denial The appeal must set forth the grounds for the appeal and include
any documents in support of the applicant's appeal The Director shall issue a ruling on
the matter within thirty calendar days of receipt of an appeal based solely upon review
of the application, denial, appeal, and all documents related thereto The applicant shall
receive written notice of the Director's ruling
(6) Performance standards and fees Performance standards and fees for any
permit required by this Chapter shall be met and paid per the schedules on the permit
form No permit shall be issued until and unless the performance standards have been
met and fees paid in full.
Sec. 20-32 Technical standards and specifications
All BMPs designed to meet the requirements of this Chapter shall comply with
the following technical standards.
(1) Urban Drainage and Flood Control District's Urban Storm Drainage Criteria
Manual- Volume 3 or its successor
(2) Current City issued erosion control construction details
(3) City of Wheat Ridge site drainage requirements
(4) Any other alternative methodology approved by the City, which IS
demonstrated to be effective
Sec, 20-33 Construction stormwater management plan
(1) The Stormwater Management Plan (SWMP) shall be prepared in accordance
with the requirements of the most recent SWMP guidance document prepared by the
CDPHE, and the engineering and hydrologic practices outlined in the current City site
drainage requirements document.
(2) The owner or its representative will be required to have the CDPHE
approved SWMP on site at all times and shall be prepared to respond to maintenance
of specific BMPs
(3) The owner or its representative shall inspect all BMPs at least every 14 days
and within 24 hours after any precipitation or snow melt event that causes surface
runoff, and when specifically requested by the City Inspections of BMPs shall be
conducted by an individual who has successfully completed formal training in erosion
and sediment control by a recognized organization acceptable to the Director A
certification of successful completion of such training shall be provided upon request.
(4) Based on inspections performed by the owner or by the City, modifications to
the SWMP will be necessary if at any time the specified BMP's do not meet the
objectives of this Chapter In this case, the owner shall meet with City personnel to
WRPW013
10
determine the appropriate modifications All modifications shall be completed within 7
days of the referenced inspection, and shall be recorded on the owner's copy of SWMP
(5) SWMP review changes The operator shall amend the plan whenever there
is a significant change in design, construction, operation, or maintenance, which has a
significant effect on the potential for discharge of pollutants to the MS4 or receiving
waters, or if the SWMP proves to be ineffective in achieving the general objectives of
controlling pollutants in stormwater discharges associated with construction activities
(6) Records of inspection shall be maintained on site with the SWMP and shall
be made available to the City inspector upon request.
(7) Certification of permanent BMPs Upon completion of a project, prior to Final
Acceptance and/or a Certificate of Occupancy or Completion being granted, the City
shall be provided a written certification stating that the completed project is in
compliance with the approved SWMP All applicants are required to submit "as built" or
"record" plans for any permanent BMPs after final construction is completed per
requirements of the City land development ordinance, if applicable A final inspection
by the City is required before the release of any performance securities can occur
Sec. 20-34 Post-construction requirement of permanent BMPs
(1) Land development that is subject to the requirements of this Chapter must
address stormwater runoff quality through the use of permanent BMPs which shall be
maintained in perpetuity
(a)
(b)
WRPW013
All permanent BMPs of any site including, without limitation, detention
basins, retention basins, ponds, inlets, outlets, outfall ditches, and
structures for which the owner thereof or his or her predecessor,in,
interest obtained approval from the City for the construction or
establishment, shall be maintained in good repair and in substantially
the form, condition and nature which was represented at the time they
were constructed It is the intention of this section that such
permanent BMPs, having once been approved for construction or
development, shall not be allowed to deteriorate to a condition which is
in any respect inferior to the condition or state upon which the original
approval for construction or development was based For purposes of
this section, either or both the owner or tenant of the structure or real
property shall be considered the responsible party
Maintenance of all permanent BMPs shall be ensured through the
creation of a formal maintenance covenant that must be approved by
the City and recorded against the title of the subject property prior to
final development plan or grading permit approval The covenant shall
be binding on all subsequent owners of land served by the permanent
BMP As part of the covenant, a schedule shall be developed,
detailing when and how often maintenance will occur to ensure proper
11
function of the permanent BMPs The covenant shall also include
plans for periodic inspections to ensure proper performance of the
facility between scheduled cleanouts The covenant shall provide for
access to the facility at reasonable times for periodic inspection or any
required maintenance by the City, or its contractor or agent, and for
regular or special assessments of property owners to ensure that the
facility is maintained in proper working condition to meet design
standards and any other provisions established by this Chapter The
covenant shall be memorialized on the subdivision plat, annexation
plat, development agreement or other instrument, or in a separate form
acceptable to the City and shall be recorded in the office of the county
clerk and recorder
(2) Inspections of permanent BMPs
(a)
(b)
WRPW013
All permanent BMPs must undergo, at the minimum, periodic
inspections by the City, as deemed appropriate by the Director, to
document maintenance and repair needs and ensure compliance with
the requirements of this Chapter and accomplishment of its purposes
These needs may include removal of silt, litter and other debris from all
catch basins, inlets, ponds and detention/ retention basins, outlet
structures and drainage pipes, grass cutting and vegetation removal,
and necessary replacement of landscape vegetation Any maintenance
needs found by City inspection or otherwise must be addressed in a
timely manner, as determined in writing by the Director The
inspection and maintenance requirement may be increased as deemed
necessary to ensure proper functioning of the permanent BMPs
Inspection programs may be established by the City on any reasonable
basis, including but not limited to routine inspections, random
inspections, inspections based upon complaints or other notice of
possible violations, inspection of drainage basins or areas identified as
higher than typical sources of sediment or other contaminants or
pollutants, inspections of businesses or industries of a type associated
with higher than usual discharges of contaminants or pollutants or with
discharges of a type which are more likely than the typical discharge to
cause violations of state or federal water or sediment quality standards
or the COPS stormwater permit; and joint inspections with other
agencies inspecting under environmental or safety laws Inspections
may include, but are not limited to reviewing maintenance and repair
records, sampling discharges, surface water, groundwater, and
material or water in drainage control facilities, and evaluating the
condition of drainage control facilities and other stormwater treatment
practices
"
(c)
When any permanent BMP is installed on private property, or when
any new connection is made between private property and a public
12
drainage control system, the property owner shall grant to the City the
right to enter the property at reasonable times and in a reasonable
manner for the purpose of inspection This includes the right to enter a
property when the City has a reasonable basis to believe that a
violation of this Chapter is occurring or has occurred, and to enter
when necessary for abatement of a public nuisance or correction of a
violation of this Chapter
(d) Parties responsible for the operation and maintenance of a permanent
BMP shall make records of its installation and of all maintenance and
repairs, and shall retain the records for at least 2 years These records
shall be made available to the City during inspection of the facility and
at other reasonable times upon request.
Sec, 20-35 Financial security
(1) Construction of the BMPs and other stormwater facilities required by this
Chapter shall be a condition of issuance of any grading permit required pursuant to
Section 20,31 or Section 26,623
(2) A further condition of the grading permit required by Section 20,31 and/or
Section 26,623 shall be the posting of a performance bond to guarantee the
construction of the BMPs or stormwater facilities required by this Chapter, as fully set
forth herein
(3) The amount of the performance bond shall be based upon an itemized
cost estimate prepared by the permittee and approved by the City
(4)
(a)
(b)
WRPW 013
Form of performance bond
(c)
The performance bond shall be for one hundred twenty,five (125)
percent of the estimated costs of the required grading and BMP
improvements as computed by the permittee and approved by the
Director The requirement for a performance bond under Chapter 26,
section 623 may be satisfied by inclusion in the performance bond
required in this section Submittal of more than one bond is not
required
No form of performance bond drawn upon a bank or financial institution
having any relationship to the applicant or any principal, Director,
officer or shareholder of the applicant (other than the relationship of
depositor or checking account holder), shall be acceptable The City
may reject any tendered performance bond for any reason
The perforrF,lance bond shall be in a form satisfactory to the City
attorney The performance bond guarantees the City that the financial
backing is available and the improvements will in fact be completed
and paid for
13
(i) The performance bond may be from any financially
responsible lender that is not directly or indirectly owned or
controlled by the permittee
(ii) The performance bond shall be in effect for a minimum
period of one (1) year and shall be renewable for
subsequent one-year periods at the City's sole discretion
(iii) The performance bond shall be such that the City is assured
that the permittee has funds committed to the amount and
that in the event of a default by the permittee the City shall
have available to it, upon demand or, funds necessary to
construct any/or all of the grading and BMP improvements
(iv) The City may release percent portions of the performance
bond in increments of no less than twenty-five (25) at the
discretion of the Director of public works upon written
request of the applicant. In such case, an amended
performance bond shall be required In no case shall the full
amount of the performance bond be released until final
acceptance has been granted and all BMP improvements
have been constructed and approved
(v) After all repairs are made at the end of the warranty period
and final acceptance is issued, the performance bond will be
released
(5) If the permittee does not successfully complete all required work or
violates any requirement of the permit or this Chapter, the City may take corrective
measures and charge the cost of such to the permittee Such costs shall include the
actual cost of any work deemed necessary by the City plus reasonable administrative
and inspection costs and penalties pursuant to this Code If the total of such costs
exceeds the performance bond, the permittee shall be responsible for payment of the
remaining balance within thirty calendar days of receipt of an accounting of such from
the City Such costs, if unpaid, may be certified to the county treasurer for collection in
the same manner as real property taxes
ARTICLE IV
ENFORCEMENT
Sec, 20-41 Enforcement, generally
(1) All authorized personnel under the supervision of the Director have the
power to conduct inspections, issues notices of violations and implement other
enforcement actions under this section
WRPW 013
14
(2) Whenever the Director has cause to believe that there exists, or potentially
exists, in or upon any premises, any condition which constitutes a violation of this
Chapter, the Director shall have the right to enter the premises at any reasonable time
to determine if there exists an actual or potential violation of the requirements of this
Chapter In the event that the owner or occupant refuses entry after a request to enter
has been made, the City is hereby empowered to seek assistance from a court of
competent jurisdiction in obtaining such entry
(3) The Director shall have the right to install on the property of any
discharger to the MS4 any devices deemed necessary to conduct an investigation of
such discharges The investigation may include, but is not limited to the following'
sampling of any discharge or process waters, the taking of photographs, interviewing
staff or citizens in reference to alleged violations, and access to any and all facilities or
areas within the premises that may have any effect on the discharge
(4) Whenever the City finds that a person has violated a prohibition or failed
to meet a requirement of this Chapter, the Director may order compliance by written
notice of violation to the responsible person
(5) In the event the violation constitutes an immediate danger to public health
or public safety, the Director or designee is authorized to enter upon the subject
property, without giving prior notice, to take any and all measures necessary to abate
the violation and/or restore the property
Sec. 20-42 Appeal of notice of violation.
Any person receiving a notice of violation may appeal the determination of the
Director The notice of appeal must be received by the Director within five (5) days from
the date the notice of violation was given Hearing on the appeal before the Director or
his/her designee shall take place within ten (10) working days after the date of receipt of
the notice of appeal The decision of the Director or his/her designee shall be final
Sec. 20-43 Abatement
(1) If the City abates a violation of this Chapter, within 10 days after
abatement of the violation, the owner of the property will be notified of the cost of
abatement, including administrative costs, by personal delivery or by mail to the last
known address of the owner as shown in the records of the county assessor The
notice shall be effective upon the date of mailing or personal delivery The property
owner may file a written protest to the Director objecting to the amount of the abatement
within 15 days of the effective date of the notice
(2) If no protest is filed, then the charges shall be come due and payable on
the date set forth in the notiC!?, which date shall be after the expiration of the time in
which to file an appeal
WRPW 013
15
(3) In the event a protest is filed, a meeting considering such protest shall be
held before the Director or designee within 15 days from the date of receipt of the
written protest. The property owner shall be given notice of the hearing in the manner
set forth in subsection (1) of this section If any charges are upheld upon completion of
such hearing, then such charges shall become due and payable 10 days after the
issuance of the decision of the Director
(4) If the amount due is not paid within 10 days after the decision of the
Director or the expiration of the time in which to file an appeal under this Chapter, the
charges shall become a special assessment against the property and shall constitute a
lien on the property for the amount of the assessment. The assessment shall be
certified by the City treasurer to the office of the county treasurer for collection in the
same manner as the collection of general property taxes
Sec. 20-44 Stop work order
Whenever the Director determines that any activity is occurring which is not in
compliance with the requirements of this Chapter, the Director may order the activity
stopped upon service of written notice upon the responsible owner and/or operator
The owner and/or operator shall immediately stop all activity until authorized in writing
by the City to proceed If the owner and/or operator cannot be located, the notice to
stop shall be posted in a conspicuous place upon the area where the activity is
occurring and shall state the nature of the violation It shall be unlawful for any owner
and/or operator to fail to comply with a stop work order
See, 20-45 Penalties
(1) It is unlawful and an offense for any person to violate or permit or cause
violation of this Chapter or of the provisions of any permit issued under this Chapter
Violators shall be punishable as provided in Chapter 1, section 1-5 of this code Each
day or part of a day any violation occurs or continues shall constitute a separate
offense
(2) Any condition caused or permitted to exist in violation of any of the
provisions of this Chapter is a threat to public health, safety, and welfare and is declared
and deemed a public nuisance Any court of competent jurisdiction may enjoin
violations of this Chapter upon proof of such violations
(3) The remedies in this Chapter are cumulative and the exercise of anyone
or more remedies shall not prejudice any other remedies that may otherwise be pursued
for a violation of this Chapter The remedies listed in this Chapter are not exclusive of
any other remedies available under any applicable federal, state or local law and it is
within the discretion of the authorized enforcement agency to seek cumulative
remedies. "
Section 2, Effective Date This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5 11 of the Charter
WRPW013
16
3.
ITEM NO
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE'
August 14,2006
TITLE:
RESOLUTION 35-200': AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AN "INTERGOVERNMENTAL
AGREEMENT" BY AND BETWEEN THE COUNTY OF
JEFFERSON, ST ATE OF COLORADO, AND THE CITY OF
WHEAT RIDGE, COLORADO, REGARDING THE
ADMINISTRATION OF THEIR RESPECTIVE DUTIES
CONCERNING THE CONDUCT OF THE COORDINATED
ELECTION TO BE HELD ON NOVEMBER 7,2006.
o PUBLIC HEARING
o BIDS/MOTIONS
~ RESOLUTIONS
o ORDINANCES FOR I ST READING (Date _)
o ORDINANCES FOR 2ND READING
Quasi ,J udicial'
o
Yes
~
No
J)pur/City Manager
EXECUTIVE SUMMARY:
The City of Wheat Ridge will participate in a coordinated election on November 7, 2006. The attached
Resolution and Intergovernmental Agreement must be executed prior to the election. The documents
refer to the respective duties of the County and the City of Wheat Ridge concerning the conduct of the
election. The duties of the County Clerk mclude, but are not limited to ballot preparation, voter hsts,
staff selectIOn and training, providing electIOn supplies, counting of the ballots, and certification of
results, The duties of the City of Wheat Ridge mclude, but are not limited to Call and Notice and
ballot preparation. The City Clerk shall act as the City of Wheat Ridge's "Election Officer" and the
deSignated electIOn official. She shall act as the primary liaison between the City of Wheat Ridge and
the Contact Officer for the County Clerk and Recorder
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
N/A
AL TERNA TIVES CONSIDERED:
None.
FINANCIAL IMPACT:
The jurisdiction IS to pay the cost of one (1) county staff for a period beglnmng on the fifteenth (15th)
calendar day prior to the Election through and including Election day, which shall Include eight (8)
regular hours per working day at the salary of $12,00 per hour plus any overtime hours which are
required to complete the Election, In the alternative, the junsdlctlon shall provide the eqUivalent of
one (1) full-time clencal worker who will be assigned to the County Clerk for all work and overtime
hours. The Jurisdiction is to be charged the pro' rated costs for all services, equipment, forms and
supplies provided by the County Clerk pursuant to the Agreement. The costs provided for in this
agreement related to the preparation and conduct ofthe Jurisdiction's election at each staffmember's
hourly rate and at a pro-rated rate ofthe staff salaries for actiVItIes relative to the coordinated Election
or One Thousand Dollars ($1,000 00), whichever IS greater Pro, ration shall be made based upon the
numbers of persons eligible to vote within each JunsdlctlOn Illvolved in this coordinated election,
These estimated costs have been budgeted III the 2006 Budget III the amount of $13,00000
RECOMMENDED MOTION:
"I move to approve ResolutIOn No 35,2006 authorizing an Intergovernmental Agreement With the
County of Jefferson regarding the Administration of the respective dutIes concerning the conduct of
the coordinated election to be held on November 2, 2004"
or,
"I move to deny the Resolution No. 35,2006 for the following reasons
Attachments:
I ResolutIOn No 35,2006
2, Intergovernmental Agreement.
Report Prepared by' Pam Anderson
Reviewed by' Randy Young
RESOLUTION NO, 35-2006
SERIES of 2006
TITLE:
RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS
TO EXECUTE AN "INTERGOVERNMENTAL AGREEMENT" BY AND
BETWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO,
AND THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE
ADMINISTRATION OF THEIR RESPECTIVE DUTIES CONCERNING
THE CONDUCT OF THE COORDINATED GENERAL ELECTION TO BE
HELD ON NOVEMBER 7, 2006,
WHEREAS, pursuant to Section 1,7-116(2), C R.S., as amended, the
County Clerk and the City of Wheat Ridge shall enter into an agreement for the
administration of their respective duties concerning the conduct of the general election
to be held on November 7, 2006 and
WHEREAS, the County Clerk and the City Clerk of the City of Wheat Ridge (the
"City Clerk") are authorized to conduct elections as provided by law; and
WHEREAS, the County Clerk will conduct the Election as a "coordinated precinct
polling place ballot election" as such terms are defined in the Uniform Election Code
of 1992, Title 1, C R.S , as amended ("Code") and the Current Rules and Regulations
Governing Election Procedures adopted by the Secretary of State, as amended
("Rules"), and
WHEREAS, the City of Wheat Ridge has certain ballot issues and/or ballot
questions to present to its eligible electors and shall participate in this coordinated
election, and
WHEREAS, the County Clerk and the City of Wheat Ridge have determined that
it is in the best interests of Jefferson County, the City of Wheat Ridge and their
respective inhabitants to cooperate and contract concerning the Election upon the terms
and conditions contained herein
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge that the appropriate City Officials are hereby authorized to execute the
Intergovernmental Agreement by and between the City of Wheat Ridge and the County
of Jefferson regarding the administration of the parties' respective duties concerning the
conduct of the coordinated general election to be held on November 7, 2006.
DONE AND RESOLVED on this 14th day of August, 2006.
Jerry DiTullio, Mayor
ATTEST.
Pamela Y Anderson, City Clerk
Page 11
~ike Lowe - 06MUNI-LG,doc
INTERGOVERNMENTAL AGREEMENT
I LJHIS INTERGO,yERNMENTAL AGREEMENT ("Agreement") is made and entered into
this LL day of A\lhUS: \ ,2006, by and between the CLERK AND RECORDER FOR THE
COUNTY OF JEFFERSON, STATE OF COLORADO ("County Clerk") and the
C rT'1 Of \}.,',\\cAl I'Ll '()(;;c: , STATE OF COLORADO, a municipal corporation,
("Jurisdiction"), collectively referred to as the "Parties"
WITNESSETH
WHEREAS, pursuant to Section 1-7-116(2), C,R.S" as amended, the County Clerk and the
Jurisdiction shall enter into an agreement for the administration of their respective duties concerning
the conduct of the general election to be held on November 7,2006 ("Election"); and
WHEREAS, the County Clerk and the Jurisdiction's City Clerk (the "City Clerk") are
authorized to conduct elections as provided by law; and
WHEREAS, the County Clerk will conduct the Election as a "coordinated precinct polling
place election" as such terms are defined in the Uniform Election Code of 1992, Title 1, c.R.S., a'i
amended ("Code") and the Current Rules and Regulations Governing Election Procedures adopted by
the Secretary of State, as amended ("Rules"); and
WHEREAS, the JunsdictlOn has certain ballot issues to present to its eligible electors and
shall participate in thiS coordinated election, and
WHEREAS, the County Clerk and the Jurisdiction have determined that it is in the best
interests of Jefferson County. the Jurisdiction and their respective mhabitants to cooperate and
contract concerning the Election upon the terms and conditions contained herein,
NOW, THEREFORE, for and m conSideration of the promises herein contained, the
sufficiency of which is hereby acknowledged, the Parties hereto agree as follows.
ARTICLE I
PURPOSE AND GENERAL MATTERS
1.01 Goal. The purpose of this Agreement is to set forth the tasks to be completed by the
County Clerk and the City Clerk to conduct and to pro-rate the cost of the Election.
1.02 Coordinated Election Official. The County Clerk shall act as the Coordinated
Election Official in accordance with the Code and Rules and as such shall conduct the Election for
the Jurisdiction for all matters in the Code and the Rules which require action by the Coordinated
Election Official. The County Clerk designates Susan Miller as the "Contact Officer" to act as the
M:\A TTORNEYlOFFICIAL \CLK&RCRD\06.ELEOTION\06MU NI.LG.DOC
1
! Mike Lowe - 06MUNI-LG,doc
,
I
Page 2 I
primary liaison between the County Clerk and the Jurisdiction. The Contact Officer shall act under
the authonty of the County Clerk and shall have the primary responsibility for the coordination of the
Election with the Jurisdiction and completion of procedures assigned to the County Clerk hereunder
Nothing herein shall be deemed or construed to relieve the County Clerk or the City Clerk from their
official responsibilities for the conduct of the Election,
1.03 Desie:nated Election Official. The Jurisdiction designates the City Clerk as its
"Election Officer" to act as primary liaison between the Jurisdiction and Contact Officer The
Election Officer shall have primary responsibility for the Election procedures to be handled by the
Jurisdiction, Except a.<; otherwise provided in this Agreement, the Election Officer shall act as the
"Designated Election Official" for all matters under the Code and the Rules which require action by
the Designated Election Official. From the date of the last party's execution of this Agreement
through canvass of the Jurisdiction's electIOn following the Election. the Election Officer shall be
readily available and accessible during regular business hours, and at other times when notified by
Contact Officer in advance. for the purposes of consultation and decision-making on behalf of the
Jurisdiction, In addition, the Election Officer is responsible for receiving and timely responding to
inquiries made by their voters or others interested in the Jurisdiction's election,
1.04 Jurisdictional Limitation, The Jurisdiction encompasses tenitory within Jefferson
County This Agreement shall be construed to apply only to that portion of the Jurisdiction within
Jefferson County
1.05 Term, The term of this Agreement shall be from the date of the last party's execution
until December 31, 2006 and shall apply only to the November 7,2006 general election,
ARTICLE II
DUTIES OF THE COUNTY CLERK
2,01 County Clerk Duties, The County Clerk shall perform the following duties for the
Election for the Jurisdiction,
A, V oter Registration.
I Supervise, administer and provide the necessary facilities and forms for all
regular voter registration sites,
2. Notify the Jurisdiction of the certified number of registered electors residing
within the Jurisdiction as of the close of the registration books on the twenty, ninth (29th) day prior to
the Election,
B. Ballot Preparation,
Layout the text of the ballot in a format that complies with the Code and the
Rules.
M:\A fTORNEYlOFFICIAL ICLK&RCRDl06.ELEl}TION\06MU NI.LG,DOC
2
~Lowe - 06MUNI-LG,doc
Page 3 I
2. ProvIde ballot printing layouts and text for proofreading and signature approval
of the Jurisdiction,
3 Certify the ballot content to the printer(s).
4 Contract for absentee ballots, sample ballots and precinct polling place ballots
with a vendor acceptable to the County Clerk and remit payment directly to the vendor
C, Voter Lists.
I Upon request of the Jurisdiction, create a list of the registered voters containing
the names and addresses of each elector registered to vote in the Jurisdiction, The Jurisdiction shall
pay the County Clerk for the cost of such list at the County Clerk's standard rate.
2. Upon request of the Jurisdiction, certify the registration list to the designated
representative(s) of the Jurisdiction,
D, Staff: Selection and Training. Appoint and train a sufficient number of qualified
staff to adequately serve the number of electors registered to vote at the coordinated election, The
Jurisdiction is to pay the cost of one (]) County staff for a period beginning on the fifteenth (15th)
calendar day prior to the Election through and including Election day, which shall include eight (8)
regular hours per working day at the salary of $12,00 per hour plus any overtime hours which are
required to complete the Election, In the alternative, the Jurisdiction shall provide the equivalent of
one (I) full-time clerical worker who will be aSSigned to the County Clerk for all work and overtime
hours required during the fifteen (15) days prior to the Election through and including Election day
E. Election Judges, Appoint and compensate a sufficient number of election judges for
each polling location and for a location for absentee ballots. as required by law The Jurisdiction
shall pay the pro-rated costs (as defined in Article N) for the training, criminal background records
check, and compensation of the election judges,
F, Absentee and Early Voting.
] Conduct absentee, early and emergency voting in the County Clerk's office and
at other locatIOns for the Jurisdiction as required by the Code,
2, Obtain and provide all ballots and supplies necessary for absentee, early and
emergency voting and replacement ballots,
G, Election Supplies. Provide all necessary equipment, forms, and supplies to conduct
the Election, including the County's electronic vote counting equipment. The Jurisdiction shall pay
the pro-rated costs (as defined in Article N) of any computer programs which will count the voted
ballots as well as pre,election preventive maintenance and on-site technical personnel on Election
M:\A nORNEY\OFFICIAL ICLK&RCRDlO6-ELECTIONI06MUNI.LG.DOC
3
~ ~_u~
I Mike Lowe - 06MUNI-LG.doc
Page 4 I
night.
H, Election Day Preparation,
I Prepare a test deck of voted test ballot cards to be counted the day prior to the
Election, just prior to the beginning of the actual count and following completion of the ballot count
as required by the Code,
2, Provide necessary electronic vote tabulating equipment (computer), personnel
properly trained in electronic tabulating equipment, facility and equipment and to arrange for
computer running time as necessary for a test run and for Election day.
1, Election Day Activities,
I Provide Election day telephone and in person support from 6:00 a,m, to the
conclusion of the count on Election night.
2, Inspect voted ballots, count the ballots and furnish the Jurisdiction with
unofficial results of the Election.
J, Counting the Ballots.
I Conduct and oversee the process of counting the ballots and reporting the
results by Jurisdiction.
2. Establish backup procedures and backup sites for the counting of the Election
should the counting equipment fail during the count. Should the equipment fail, and it is determined
that the counting procedures will not be recovered within a reasonable period of time, the counting
procedures will be moved to a predetermined and pretested site for the duration of the Election
counting procedures.
3 ProVide personnel to partiCipate in the ballot counting procedures as
accomplished by any electronic vote tabulating equipment used in the Election, The Jurisdiction
personnel shall participate with personnel from the County Clerk's Office to ensure Jurisdiction
participation in each of the electronic vote tabulating procedures that shall be used,
K, Certification of Results,
I. Appoint, instruct and otherwise oversee the board of canvassers,
2. Certify the results of the Jurisdiction's Election within the time required by law
and forthwith provide the Jurisdiction with a copy of all Election statements and certificates which
are to be created under the Code,
M:\A TTORNEY\OFFICIAL ICLK&RCRDl06.ELECTIONI06MUNI.LG,DOC
4
LMike Lowe - 06MUNI-LG~doc --=_.==-_=--=-===-___
p~
3 In the event a recount is necessary, conduct a recount in accordance with the
law
L. Storage and Records,
I Store all election records as required by law Store all voted and unvoted
ballots for that time required by the Code, store voter affidavits of electors who cast ballots in the
Election for a minimum of twenty,five (25) months in such a manner that they may be accessed by
the Jurisdiction, if necessary, to resolve any challenge or other legal questions that might arise
regarding the Election.
2, Capture the vote history for the County Election Department's vote history file
by County precinct.
Nothing contained in this Agreement is intended to expand the duties of the County Clerk
beyond those duties set forth in the Code or the Rules,
ARTICLE III
DUTIES OF JURISDICTION
3,01 Jurisdiction Duties, The Jurisdiction shall perform the following duties for the
Election:
A, Authority Provide the County Clerk with a copy of the ordinance or resolution
stating that the Jurisdiction has adopted the Code and that the Jurisdiction will participate in the
coordinated Election in accordance with the terms and conditions of this Agreement. The ordinance
or resolution shall further authorize the presiding officer of the Jurisdiction or other designated person
to execute this Agreement.
B, Call and Notice. Publish all notices relative to the Election as required by the Code,
the Rules, the Jurisdiction's Charter and any other statute, rule or regulation,
C. Voting Jurisdiction, Furnish the County Clerk with maps or other legal descriptions
of each precinct, ward and/or voting jurisdiction no later than August 29, 2006,
D, Petitions, Preparation and Verification, Perform all responsibilities required to
certify any candidate and/or initiative petition(s) to the ballot.
E. Ballot Preparation,
I Submit the list of Ballot Issues and/or Ballot Questions and the titles and
summaries of eaeh Ballot Issue or Ballot Question to the County Clerk in computer diskette format no
later than September 11,2006 at 3'00 p,m.
M:\A TTORNEY\OFFICIAL \CLK&RCRDl06.ELECTION\06MUNI.LG,DOC
5
I Mike Lowe - 06MUNI,LG,doc
Page 6 I
2, Proof the layout and text of the official ballot before authorizing the pnnting of
the ballot by signature approval to the County Clerk.
F, Election Day Preparation. Prepare a test deck of voted test ballot cards to be
counted the day prior to the Election, just prior to the beginning of the actual count and following
completion of the ballot count, and attend each test.
G Counting the Ballots, Participate in each of the electronic vote tabulating procedures
that shall be used.
3.02 Cancellation of Election bv the Jurisdiction, In the event that the Jurisdiction
resolves not to hold the Election, then notice of such resolution shall be provided to the County Clerk
immediately The Jurisdiction shall within thirty (30) days promptly pay the County Clerk the full
actual cost of the activities of the County Clerk relating to the Election incurred both before and after
the County Clerk's receipt of such notice. The Jurisdiction shall provide notice by publication (as
defined in the Code) of the cancellation of the Election and a copy of the notice shall be posted at
each polling place of the J urisdictlOn, in the office of the City Clerk and in the office of the County
Clerk, The Jurisdiction shall not cancel the Election after the 25th day prior to the Election,
ARTICLE IV
COSTS
4,01 Election Costs, The Junsdiction shall pay the pro-rated costs (defined below) for all
services, equipment, forms and supplies provided by the County Clerk pursuant to this Agreement. In
additIOn, the Jurisdiction shall pay for all County staff time solely related to the preparation and
conduct of the JurisdICtion's Election at each staff member's hourly rate and at a pro,rated rate of the
staff salaries for activities relative to the coordinated Election or One Thousand Dollars ($I,(XlO.OO),
whichever is greater The Jurisdiction's pro,rated costs shall be determined in accordance with the
fomJUla set forth in Exhibit A attached hereto and incorporated herem by this reference
4,02 Invoice. The County shall submit to the Jurisdiction an itemized invoice for all
expenses incurred under this Agreement and the Jurisdiction shall remit to the County the total
payment upon receipt of such invoice, Any amount not paid within sixty (60) days after the date of
the invoice will be subject to late interest at the lesser of the rate of 11/2% per month or the highest
rate permitted by applicable law
ARTICLE V
MISCELLANEOUS
5,01 Notices, Any and all notices required to be given to the Parties by this Agreement are
deemed to have been received and to be effective: (I) three (3) days after the same shall have been
mailed by certified mail, return receipt requested, (2) immediately upon hand delivery; or (3)
immediately upon receipt of confirmation that a fax was received; to the address of the Parties as set
forth below or to such Party or addresses as may be designated hereafter in writing,
M.IA TTORNEYlOFFICIAL \CLK&RCRDI06.ELEGTIONI06MUNI.LG.DOC
6
---.J
lrv1ike Lowe - 06MUNI-L(3.doc -
Page 71
,
To County Clerk:
Faye Griffin, Jefferson County Clerk and Recorder
Jefferson County Government Center
] 00 Jefferson County Parkway
Golden. Colorado 804] 9
with a copy to'
Jefferson County Attorney
Jefferson County Government Center
]00 Jefferson County Parkway
Golden, Colorado 80419
To Jurisdiction,
en\.{ () F \J\\ t\lA'\ Ua;E
(S()() \"j, J~ If A\JE. \
~\it\r!\\ 12..\YJ6F- Cu ~OO:33,
5,02 Amendment. This Agreement may be amended only in writing and following the
same formality as the execution of thiS Agreement.
5,03 Integration. The Parties acknowledge that this Agreement constitutes the sole
agreement between them relating to the subject matter hereof and that no Party is relying upon any
oral representation made by another Party or employee, agent or officer of that Party
5,04 Indemnification. To the extent permitted by law. each party agrees to indemnify.
defend and hold harmless the other party, its agents, officers and employees from any and all losses,
costs (including attorney's fees and court costs), demands or actions arising out of or related to any
actions. errors or omissions relating to the duties and responsibilities of the indemnifying party in the
conduct of the Election,
5.05 Conflict of Agreement with Law. Impairment. In the event that any provision in
this Agreement conflicts with the Code, other statute or valid prior resolution or ordinance duly
adopted by the City Council of the Jurisdiction, this Agreement shall be modified to conform to such
law or resolution, No subsequent resolution or ordinance of the City Council of the Jurisdiction shall
impair the rights of the County Clerk or the City Clerk hereunder without the consent of the other
party to this Agreement.
5,06 Time of Essence, Time is of the essence of this Agreement. The time requirements
of the Code and the Rules shall apply to completion of the tasks required by this Agreement.
MIA nORNEY\OFFICIAL \CLK&RCRDl06.ELEf}TIONI06MU NI.LG.DOC
7
I Mike Lowe - 06MUNI-LG.doc
IN WITNESS WHEREOF, the Parties hereto have signed this Agreement.
ATTEST.
APPROVED AS TO FORM:
Jean L Ayars
Assistant County Attorney
ATTEST
City Clerk
CLERK AND RECORDER FOR THE
COUNTY OF JEFFERSON
ST ATE OF COLORADO
By
Faye Griffin
Date
JURISDICTION,
C TI'1 C pc- \.U t\U 1 \2-\ (';(\ [
By
Name\Title -J E:.\l t ~
Date PUcS\.\ \...\ I~ I
'0 \ l\J.Ui (
.:2D(; <0
M:\A TTORNEY\OFFICIAL \CLK&RCRD\06-ELE%ION\06MUNI.LG,DOC
Page 8 I
\1 A,'--1 (, Y
8
Pag8'9l
I Mike Lowe - 06MUNI,LG,doc
EXHIBIT A
FORMULA FOR PRO-RATED COSTS
HOW TO FIGURE OUT THE ELECTION COST FOR AN ENTITY
1) Each ballot style is comprised of different combinations of entities on the ballot. For example
ballot style 1 might be the county and state only, ballot style 2 might be county, state, and the
city of Arvada and so forth.
2) The total number of voters in each ballot style is determined, These numbers can be
ascertained by running a computer program once the ballot style information is entered into
the system. Then the total number of voters for each entity in a ballot style is determined by
taking the total number of voters in each ballot style and dividing it by the number of entities
in the ballot style. If, using the explanation in number I, ballot style 2 had 100 voters, then
each entity would have 33 voters because three entities share the ballot style,
3) The total number of voters a certain entity is responsible for in a ballot style is divided by the
total number of registered voters. The decimal point must be moved over two places to the
right. This will determine the percentage that the entity is responsible for in that ballot style,
4) After all ballot styles are completed, a running tally of the percentage numbers is done for
each entity to get the grand total of percentage, For example, if Arvada's percentage numbers
in the ballot styles were ,6%, .25%, and 3,5% the grand total of responsibility would be
4125%.
5) That percentage grand total is used to find out how much the entity owes for the election. If
Arvada's percentage is 4 125% and the total cost of the election is $200,000, then Arvada
would owe $8250.00, The decimal point must be moved back two places to the left to make It
whole dollars and not percent.
There is a $1000 minimum so no entity would be charged less than that. All numbers used in the
above explanation are for example and discussion purposes only and are not to be assumed the
amount owed or the estimated amount owed in an election,
Exhibit A
Page 1 of2
M:\A TTORNEYlOFFICIALICLK&RCRDI06.ELEWIONI06MUNI.LG. DOC
9
[Mike Lowe - 06MUNI-LG,doc
pageJQJ
(YEAR) (ELECTION TITLE)
(ENTITY'S)
STYLE NUMBER OF DIVIDE BY TOTAL DIVIDE BY PERCENTAGE
NUMBER VOTERS THE VOTERS PER TOTAL PER ENTITY
NUMBER OF ENTITY NUMBER OF
ENTITIES BALLOTS
ISSUED IN
JEFFCO
TOTAL (000,000)
TOT AL PERCENT AGE FOR (ENTITY)
Exhibit A
Page 2 of 2
M:\A nORNEY\OFFICIAL ICLK&RCRDlO6-ELf.!lJIONI06MUNI.LG,DOC
10
_.~__-1
ITEM NO' ~
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE.
August 14, 2006
TITLE:
RESOLUTION 36-2006: AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AN "INTERGOVERNMENTAL
AGREEMENT" BY AND BETWEEN THE COUNTY OF
JEFFERSON, STATE OF COLORADO, AND THE CITY OF
WHEAT RIDGE, COLORADO, REGARDING THE PRODUCTION
OF A MAILED NOTICE CONCERNING BALLOT ISSUES.
(TABOR)
D PUBLIC HEARING
D BIDS/MOTIONS
IZI RESOLUTIONS
D ORDINANCES FOR I ST READING (Date: _)
D ORDINANCES FOR 2ND READING
Quasi,Judicml.
D
Yes
IZI
No
~
'Upo~/City Manager
EXECUTIVE SUMMARY:
The City of Wheat Ridge will partiCipate III the production and mailing of a Tabor Notice. The
attached Resolution and Intergovernmental Agreement must be executed pnor to the Election, The
County Clerk shall pnnt and notice as It IS submitted by the Jurisdiction, the City of Wheat Ridge, The
County Clerk will mail the Notice Package. The City of Wheat Ridge will proVide the County Clerk a
copy of the resolution, and draft and submit the notice for each ballot Issue,
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
AL TERNA TIVES CONSIDERED:
None,
RESOLUTION NO, 36-2006
SERIES of 2006
TITLE:
RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS
TO EXECUTE AN "INTERGOVERNMENTAL AGREEMENT" BY AND
BETWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO,
AND THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE
PRODUCTION OF A MAILED NOTICE CONCERNING BALLOT
ISSUES. (TABOR)
WHEREAS, pursuant to Section 29-1-203, C RS , as amended, the
County and the City of Wheat Ridge may cooperate or contract with each other to
provide any function or service lawfully authorized to each, and
WHEREAS, Article X, Section 20(3)(b) of the Colorado Constitution
("TABOR") and Section 1-7-901, et seq, C.RS require the production of a mailed
notice ("Notice") concerning Ballot Issues as defined in the Uniform Election Code of
1992, Title I, C RS , as amended (the "Code") that will be submitted to eligible voters
of the City of Wheat Ridge; and
WHEREAS, the Notices of several jurisdictions are to be sent as a
package where such jurisdictions overlap ("Notice Package"); and
WHEREAS, the County Clerk and the City of Wheat Ridge desire to set
forth their respective responsibilities in the production and mailing of the Notice
Package in connection with the Election
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge that the appropriate City Officials are hereby authorized to execute the
Intergovernmental Agreement by and between the City of Wheat Ridge and the County
of Jefferson regarding the administration of the parties' respective duties concerning the
requirement of a mailed notice concerning Tabor Issues
DONE AND RESOLVED on this 14th day of August 2006
Jerry DiTullio, Mayor
ATTEST.
Pamela Y. Anderson, City Clerk
FINANCIAL IMPACT:
The City of Wheat Ridge shall pay a pro-rated amount for the costs to produce and mail the Notice.
Such pro,ratIon shall be made based on the percentage of households in which an "Active" registered
voter resides who is an eligible elector of the Junsdictlon, the number of Ballot Issues, and the number
of pages and partial pages used withm the Notice Package for the Junsdlction' s Notice, In addition,
each JurisdictIOn shall pay One, Hundred Dollars ($100.00) for each ballot issue in the Notice Package
and Fifty Dollars ($5000) for each page and partial page on which the lunsdlction's Notice appears,
These estImated costs have been budgeted in the 2006 Adopted Budget.
RECOMMENDED MOTION:
"I move to approve Resolution No 36-2006 a ResolutIOn authonzing an Intergovernmental Agreement
with the County of Jefferson regardmg the productIOn of a mailed notice concerning ballot issues."
or,
"I
move
to
deny
ResolutIOn No
36,2006
for the
followmg reasons,
Attachments:
I Resolution No. 36-2006
2, Intergovernmental Agreement.
Report Prepared by' Pam Anderson
Reviewed by' Randy Young
rMikeLowe - 06TABOR,doc
Page !J
INTERGOVERNMENTAL AGREEMENT
:!HIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into
this ~ day of 1W6 , 2006, by and between the CLERK & RECORDER FOR THE COUNTY
OF JEFFERSON, STATE OF COLORADO ("County Clerk") and efr; n F {i)H:EAT rt\lY-:t:::'
("Jurisdiction"), collectively referred to as the "Parties"
WITNESSETH
WHEREAS, pursuant to Section 29,1,203, C.R.S" a.~ amended, the County and the
Jurisdiction may cooperate or contract with each other to provide any function or service lawfully
authorized to each, and
WHEREAS, Article X, Section 20(3 )(b) of the Colorado Constitution ("TABOR") and
Section 1-7,901, et seq, C .R,S. require the production of a mailed notice ("Notice") concerning Ballot
Issues as defined in the Uniform Election Code of 1992, Title I, C.R,S., as amended (the "Code") that
will be submitted to eligible voters of the JurisdictIOn: and
WHEREAS, the Notices of several jurisdIctions are to be sent as a package where such
jurisdictions overlap ("Notice Package"); and
WHEREAS, the County Clerk and the Jurisdiction desire to set forth their respective
responsibilities in the production and mailing of the Notice Package in connection with the Election,
NOW, THEREFORE, for and in consideration of the promises herein contained. the
sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:
ARTICLE I
PURPOSE AND GENERAL MATTERS
1.01 Goal. The purpose of this Agreement is to set forth the tasks to be completed by the
County Clerk and the Jurisdiction to produce and mail the Notice Package for the Election. Nothing
contained in this Agreement is intended to expand the duties of the County Clerk beyond those duties set
forth in the Code or the current Rules and Regulations Governing Election Procedures adopted by the
Secretary of State as amended (the "Rules")
1.02 Coordinated Election Official. The County Clerk shall act as the
Coordinated Election Official in accordance with the Code and the Rules and as such shall mail the
Notice Package for the Jurisdiction for all matters in the Code and the Rules that require action by the
Coordinated Election Official.
M,\A TTORNEY\OFFICIAL ICLK&RCRDIil6-ELECTlONIil6T ABORDOC
i Mike Lowe - 06T ABOR,doc
paQe2l
The County Clerk designates Susan Miller as the "Contact Officer" to act as the
primary liaison between the County Clerk and the Jurisdiction, The Contact Officer shall act under
the authority of the County Clerk and shall have the primary responsibility for the coordination of the
Notice for the Jurisdiction and completion of procedures assigned to the County Clerk hereunder
Nothing herein shall be deemed or construed to relieve the County Clerk or the Jurisdiction from their
official responsibilities for the Notice.
1.03 Designated Election Official. The Jurisdiction designates ~AH t\10[1}-:: [lSOJ,
as its "Election Officer" to act as the primary liaison between the Jurisdiction and the Contact Officer
The Election Officer shall have primary responsibility for the procedures to be handled by the
J urisdi cti on,
1.04 .Jurisdictional Limitation. The Jurisdiction encompasses territory within
Jefferson County This Agreement shall be construed to apply only to that portion of the Jurisdiction
within Jefferson County
1.05 Term. The term of this Agreement shall be from the date of the la~t party's
execution until December 31, 2006 and shall apply only to the November 7, 2006 general election,
ARTICLE II
DUTIES OF THE COUNTY CLERK
2,01 County Clerk Duties, The County Clerk shall perform the following duties
for the Notlce for the Jurisdiction.
A, Print the Notice exactly as it is submitted by the Jurisdiction
B. Determine the order that the Notice from participating jurisdictions shall be
placed in the Notice Package; however, materials supplied by the Jurisdiction shall be kept together
as a group and shall remain in the order submitted by the JunsdlctlOn,
C. Mail the Notice Package as required by the Code and the Rules, The Notice
shall be produced and mailed by third class standard postage carrier route sort, Nothing herein shall
preclude the County Clerk from sending the Notice or Notice Package to persons other than electors
of the Jurisdiction if such sending arises from the County Clerk's efforts to mail the Notice Package at
"least cost" under the Rules. No other notice shall be mailed. This mail requirement shall constitute
the only Ballot Issue Notice obligation assumed by the County Clerk pursuant to this Agreement.
D, The County Clerk shall print and mail the Notice Package in accordance with
the time deadlines mandated by the Code and the Rules. The County Clerk shall not be responsible
for the failure to meet the Article X, Section 20 constraints if the Notice is not submitted by the
Jurisdiction within the deadlines and form required by this Agreement.
"\
M:\A TTORNEYIOFFICIAL ICLK&RCRD\06-ELECTIONI06T A80R,DOC
2
r Mike Lowe - 06TABOR~doc
p~
ARTICLE III
DUTIES OF JURISDICTION
3,01
the Notice:
Jurisdiction Duties, The Jurisdiction shan perform the following duties for
A, Provide the County Clerk with a copy of the resolution which states that the
Jurisdiction will participate in the coordinated mailing of the Notice in accordance with the terms and
conditions of this Agreement. The resolution shall further authorize the presiding officer of the
Jurisdiction or other designated person to execute this Agreement.
B. Draft the Notice for each Ballot Issue, Ballot Questions (as defined in the
Code) are not required by TABOR, the Code or the Rules to appear in the Notice and will be included
at the Jurisdiction's sole discretion, The Notice shall consist of the title, full text, pro and con
summaries each of 500 words or less, the fiscal information required by TABOR. and such other
information as is required by the Code, The Jurisdiction shall have the sole responsibility for drafting
of the Notice in accordance with TABOR, the Code, and the Rules.
C. Submit the Notice to the County Clerk no later than September 26, 2006 at
3:00 p,m, in computer diskette format.
D. Meet all timelines set forth in the Rules and the Code regarding the Notice.
3,02 Cancellation of Election bv the Jurisdiction, In the event that the
Jurisdiction resolves not to hold the Election, then notice of such resolution shall be provided to the
County Clerk immediately, The Jurisdiction shall within thirty (30) days promptly pay the County
Clerk the full actual costs of the activities of the County Clerk relating to the Notice. including
without limitation production and mailing costs, incurred both before and after the County Clerk's
receipt of such notice. The Jurisdiction shall proVIde notice by publication (as defined in the Code)
of the cancellation of the Election and a copy of the notice shall be posted m the Office of the County
Clerk, in the office of the Designated Election Official (as defined in the Code), and, if the
Jurisdiction is a special district, In the office of the division of local government. The Jurisdiction
shall not cancel the Election after the 25th day prior to the Election,
ARTICLE IV
COSTS
4,01 Payment for Notice of Ballot Issues. The Jurisdiction shall pay a pro-rated
amount for the costs to produce and mail the Notice, Such pro-ration shall be made based upon the
percentage of households in which an "Active" registered voter resides who is an eligible elector of
the Jurisdiction, the number of Ballot Issues, and the number of pages and partial pages used within
the Notice Package for the Jurisdiction's Notice, in accordance with the formula attached as Exhibit
"A" A special district's pro-rated payment will be based upon the total number of households within
M:\A TTORNEY\OFFICIAL ICLK&RCRDl06.ELECTIONI06T ABOROOC
3
[Mike Lowe - 06TABClRdoc
Page~
Jefferson County and not merely the number of households within the district. In addition, the
Jurisdiction shall pay One Hundred Dollars ($100.00) for each Ballot Issue included in the Notice
Package and Fifty Dollars ($50.00) for each page and partial page on which JurisdictIOn's Notice
appears.
4,02 Pavment for Notice of Ballot Questions. In addition to the payment set forth
in 4,01, the Jurisdiction shall pay Two Hundred Dollars ($200,00) for each Ballot Question included
in the Notice Package, If inclusion of the Ballot Question(s) increases the cost to produce and/or mail
the Notice Package, the Jurisdiction shall also pay for a pro-rated amount based upon the total
number of Ballot Questions submitted by all jurisdictions.
4,03 Invoice, The County shall submit to the Jurisdiction an invoice for all
expenses incurred under this Agreement and the Jurisdiction shall remit to the County the total
payment upon receipt of such mvoice Any amount not paid within sixty (60) days after the date of
the invoice will be subject to late interest at the lesser of the rate of 1 Vz% per month or the highest
rate permitted by applicable law
ARTICLE V
MISCELLANEOUS
5,01 Notices, Any and all notices required to be given to the Parties by this
Agreement are deemed to have been received and to be effective: (1) three (3! days after the same
shall have been mailed by certified mail, return receipt requested; (2) immediately upon hand
delivery; or (3) immediately upon receipt of confirmation that a fax \Vas received; to the address of
the Parties as set forth below or to such Party or addresses as may be designated hereafter in writing,
To County Clerk,
Faye Griffin
Jefferson County Clerk and Recorder
Jefferson County Government Center
100 Jefferson County Park\Vay
Golden, Colorado 80419
with a copy to'
Jefferson County Attorney
Jefferson County Government Center
100 Jefferson County Parkway
Golden, Colorado 80419
To Jurisdiction.
c f1 '1 Or iJ-ItiE:AI ~\nM{~
'15';OQ \!.,J, ')CI, \<' AUl:"JU~
\dBf-j\I ~l'OGE- Co ~()() ,?:,..::,
M:\A TTORNEY\OFFICIAL \CLK&RCRD\06.ELECTION\06T ABORDOC
4
~keLOwe' 06TABOR.doc
Page 5 I
5,02 Amendment. This Agreement may be amended only in writing and following
the same formality as the execution of this Agreement.
5,03 InteJ.!:ration, The Parties acknowledge that this Agreement constitutes the sole
agreement between them relating to the subject matter hereof and that no Party is relying upon any
oral representation made by another Party or employee, agent or officer of that Party
5,04 Indemnification, To the extent permitted by law, each party agrees to
indemnify, defend and hold harmless the other party, its agents, officers and employees from any and
all losses, costs (including attorney's fees and court costs), demands or actions arising out of or related
to any actions, errors or omissions relating to the duties and responsibilities of the indemnifying party
in the conduct of the Election.
5,05 Conflict of Al!:reement with Law, ImDairment. In the event that any
provision in this Agreement conflicts with the Code, other statute or valid prior resolution duly
adopted by the governing body of the Jurisdiction, this Agreement shall be modified to conform to
such law or resolution, No subsequent resolution of the governing body of the Jurisdiction shall
impair the rights of the County Clerk or the Jurisdiction hereunder without the consent of the other
party to this Agreement.
5,06 Time of Essence, Time is of the essence of this Agreement. The statutory
time requirements of the Code shall apply to completion of the tasks required by this Agreement.
IN WITNESS WHEREOF, the Parties hereto have signed this Agreement.
ATTEST
CLERK AND RECORDER OF THE
COUNTY OF JEFFERSON
STATE OF COLORADO
By
Faye Griffin
Date
APPROVED AS TO FORM,
Jean L Ayars
Assistant County Attorney
M:\A TTORNEY\OFFICIAL \CLK&RCRD\06-ELECrION\06T ABORDOC
5
__J
[Mike Lowe, 06TABOR,doc
A ITEST'
JURISDICTION
C 1\ 'v( 0 F IJJ H E.AT f2,j t) 6 E'
By
Date t\UG..U~l HI 200 b
C IT\..{ C LE ~\.z
M:IA TTORNEY\OFFICIAL ICLK&RCRDl06.ELECTIONI06T ABOR.DOC
Pag~61
MA\.{oe
6
I Mike Lowe - 06TABOR,doc
Page 2J
EXHIBIT A
FORMULA FOR PRO-RATED COSTS
-~
M:IA TTORNEY\OFFICIAL ICLK&RCRD\06-ELECTIONI06T ABOR,DOC
7
I Mike Lowe - Exhibit A for IGAs,doc
Page 1/
EXHIBIT "A"
EXAMPLE ONLY OF HOW THIS FORMULA WILL BE APPLIED. For purposes of this example, this
sheet illustrates how a TABOR mailing costing $50,000 would be apportioned.
Jurisdiction
A
B
C
D
% Households
40
o (Spec, Dist. Forming)
35
20
# Issues
1
5
2
3
Jurisdiction pays base cost of $100 per issue and $50 per page and partial page used:
Jurisdiction
A
B
C
D
# Issues
1 @$ 100
5 @$ 500
2 @$ 200
3 @$ 300
$1100
Pages Used
12 @$600
6 @$ 300
6 @$ 300
6 @$ 300
$1500
Base Cost
$700
$800
$500
$600
$2600
Total cost of TABOR mailing $50,000
, $2600 Base Cost
$47,400
Determine weighted average factors by multiplying the percentage of registered voter households by the number
of issues.
Jurisdiction % Households x # Issues =
A 40 1 40
B 0 5 0
C 35 2 70
D 20 3 60
170
$47,400 left to apportion by utilizing weighting factors:
Jurisdiction
A
B
C
D
40 divided by 170 x $47,400
o divided by 170 x $47,400
70 divided by 170 x $47,400
60 divided by 170 x $47,400
=
=
$11,152,94
o
$19,517.65
$16.729.41
$47,400,00
=
=
JURISDICTION TOTAL COST
Jurisdiction Base + Weighted Share =
A $700 $11,152.94
B $800 0
C $500"" $19,517,65
D $600 $16,729.41
$2600 $47,40000
Jurisdiction Cost Share Total
$11,852,94
$ 800.00
$20,017,65
$17.329.41
$50,000,00
J
ITEM NO'
5,
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE.
August 14,2006
TITLE:
RESOLUTION 37-2006 - A RESOLUTION APPROVING AN
APPLICA nON FOR A $3,000,000 LOAN FROM THE COLORADO
STATE INFRASTRUCTURE BANK FOR FUNDING OF THE 40TH
AVENUE UNDERPASS OF INTERSTATE HIGHWAY 70
o PUBLIC HEARING
o BIDS/MOTIONS
i:8J RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date' _)
o ORDINANCES FOR 2ND READING
Quasi,Judlclal: 0 i:8J
~v
D;"~O'k'
EXECUTIVE SUMMARY:
The transportation improvements reqUired for development of the Cabela's shopping center include
construction of 40th Avenue across 1,70 ConstructIOn of the 40th A venue underpass wlll conflict with
the construction of the missmg ramps at 1-70/SH58 Construction of the underpass and the ramps
under a common contract and by one contractor would provide the needed coordination ofthe work,
timely completion of the underpass and have economic benefits, To that end, the Colorado
Department of Transportation (CDOT) has agreed to mclude construction of the 40th Avenue
underpass in their 1,70/SH58 Ramp Project. NegotiatIOns with CDOT call for the City entering into an
intergovernmental agreement to address process and payment of construction, engineering and
matenals inspection costs. CDOT has agreed to a lump sum payment of $5,200,000 for all costs
associated with construction of the underpass. While the new metropohtan district wlll ultimately
finance the construction of the underpass, the financial plan for the development improvements has
not been tinahzed. To insure that the 40th Underpass Project is included in the CDOT 1,70/SH58
Project, Staff recommends that the City agree to advance the funding. The City does not have
$5,200,000 available to commit to this project at this time Staff recommends applying for a
$3,000,000 loan from the Colorado State Infrastructure Bank to assist the City in keeping this
important project on track. The remaining $2,200,000 would be budgeted in the 2007 Capital
Investment Program. An amendment to the Cabela's/Coors development agreement will insure that
the City is reimbursed by the metropolitan distnct as soon as possible
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
An Important component of the transportation system reqUired for the new Cabela's shoppmg center IS
the 40th Avenue underpass of 1,70 It was earlier antiCipated that the underpass would be under
contract at this time to prevent any conflicts with COOT's construction of the mlssmg ramps at 1-
70/SH58 However, completion of the funding plan for the reqUired transportation Improvements
associated With the development has been delayed and COOT IS prepanng to advertise their project
later thiS month, Staff is recommending that the City facilitate inclusion of the underpass work in the
COOT project in order to maintain the shopping center schedule.
AL TERNA TlVES CONSIDERED:
Not authorize the loan applicatIOn and the 40th A venue underpass will not be included In the COOT I,
70/SH58 proJect.
FINANCIAL IMPACT:
The Colorado State Infrastructure loan application proVides for borrowing $3,000,000 at 5% interest
over an eight (8) year period With payments deferred for the first five (5) years,
RECOMMENDED MOTION:
"I move to approved Resolution 37,2006 - A Resolution Approving an ApplicatIOn for a $3,000,000
Loan from the Colorado State Infrastructure Bank for Funding of the 40th Avenue Underpass of
Interstate Highway 70."
or,
"I move to table indefinitely Resolution 37,2006 - A Resolution Approving Application for a
$3,000,000 Loan from the Colorado State Infrastructure Bank for Funding of the 40th Avenue
Underpass ofInterstate Highway 70 for the following reason(s) "
Report Prepared by'
Reviewed by'
Tim Paranto, Director of Public Works
Randy Young, City Manager
Attachments:
I. Loan Application
2. Resolution 37,2006
DEPARTMENT OF PUBLIC WORKS
(303) 235-2861
7500 WEST 29TH AVENUE
WHEAT RIDGE, CO 80033
FAX (303) 235-2857
August 3, 2006
Willie Ware
Office of Finance, Management and Budget
Colorado Department of Transportation
4010 East Arkansas Avenue
Denver, Colorado 80222
RE Colorado State Infrastructure Bank Application
Dear Mr. Ware,
Enclosed you will find an application for a loan of $3,000,000 from the Colorado State
Infrastructure Bank. This loan will provide partial funding for a new street crossing
under 1-70 at 40th Avenue in Wheat Ridge The new underpass is scheduled for
construction in conjunction with the Colorado Department of Transportation (CDOT)
State Highway 58 at 1-70 Interchange, project # IM0703-291 (15179), to be advertised
for bids on August 31,2006
The 1_70/32nd Avenue Interchange System Level Feasibility Study dated August, 2005,
accepted by the Colorado Department of Transportation Commission on September
27,2005, identified the need for a street connection between Youngfield Street and
proposed Cabela Drive at 40th Avenue The current 1_70/32nd Avenue Interchange
Environmental Assessment of the transportation improvements suggested in the
Feasibility Study confirms the need for this new street. On December 20,2005,
CDOT and the Federal Highway Administration agreed to allow the 40th Avenue
underpass project to proceed as a Local Agency project on an independent schedule
from other improvements contemplated in the Environmental Assessment.
Existing grades dictate that the new 40th Avenue be constructed under existing 1-70
mainline lanes The new 40th Avenue underpass will accommodate four vehicular
lanes and a ten foot pedestrian/bike trail The structure will consist of a 70 foot clear
span bridge 180 feet in width to facilitate current and proposed 1,70 mainline and ramp
lanes The project also includes 1200 lineal feet of retaining walls, major drainage
improvements and reallgnment of a frontage road The underpass will accommodate
traffic from signalized intersections at Youngfield Street and new Cabela Drive 40th
Avenue will provide a key transportation link to accommodate existing traffic in the
ATTACHMENT 1
region, as well as traffic from construction of a regional shopping center west of 1-70
and regional traffic projected to develop in future years
It is anticipated that a new metropolitan district, Longs Peak Metropolitan District, will
ultimately fund the construction of 40th Avenue, including the underpass CDOT
Region 6 Staff, the City and the developers recognize the value in including the 40th
underpass construction with the CDOT State Highway 58 at 1-70 Interchange, project
# IM0703-291 (15179) because of its proximity to the construction zones in the CDOT
project, as well as the coordination of regional transportation improvements.
The new underpass project is estimated to cost $5,570,000 Cabela's Retail has
financed the design of the underpass, estimated at $370,000. To facilitate inclusion of
the 40th Avenue underpass construction with the CDOT 1-70/SH58 ramp construction
project, the City has agreed to arrange funding for the construction. The City is not in
a financial position to cash flow the required $5,200,000 payment to CDOT for
inclusion in the 1-70/SH58 project and, therefore, is applying for a $3,000,000 loan
from the Colorado State Infrastructure Bank. The City will provide for the additional
$2,200,000 payment to CDOT in its 2007 Capitol Investment Fund Budget. The City
will utilize local sales tax to repay the State loan.
A 2005 City of Wheat Ridge Financial Statement, rating letters from Moody's
Investment Services and Standard & Poor's and a letter of commitment from Deputy
City Manager Patrick Goff are enclosed for your use Without the $3,000,000 loan,
the 40th Avenue underpass project will have to be delayed until other funding sources
are available
A resolution concerning this application will be placed on the August 14, 2006 City
Council Agenda I expect that an executed resolution will be forwarded to you
following the meeting
Please contact me if additional information is required in processing this application
~~
Timothy Paranto, P E
Director of Public Works
XC Randy Young
Tom Norton
Pam Hutton
Mo Awaznezhad
Colorado State Infrastructure Bank Application
~OTI
.,.....--................-......-
- ~
- -
DEPARTMENT OF TRANSPORTATION
Revised (5/01)
~_ "'~ ~ ~^~~- ~~~-}~,~~~7::-:~~'.~~ ~ -~~~:-~: ~-ii~~'j:;~r~~3:~:iiri5lt~;j1;~;:~r.ini~~f-F):JJ"~-'~~::--~-?'~ -F:-~:-::=~ ~ ';,.i:~:~? ~::.;:";~~ ~ '~-~.._" ~
Name of Project Sponsor: C/7':1 Or ~LAJ R) iJ a.L.
IRS Employer ID#: B1- - (;) SCfS 11 3.2 Project Title: ~ r.i/ ,1/ II'~ n-.7(} (of Nbl.,l! P4 $5
.
Business Address: 7S"t/O U/.;tsr,2 <; rJ' h". ~L-1r R/~<:.L. ~~~ C6 .fJ()()37
Street City County'" Zip Code
Contact Person:~ III 0 TN Y p;( RAN TtJ Phone Number:'?-.2 35' -;J~" "
Fax Number:3J .2$5'-..28s/ Email Address: TP-f)?;(t4t 7'd Q C/. WN..l(rAICU, Cd. 4.5
_',~:: J ~n'-" ~~~i.:~ ~:~1~::,"~~~ ~-;;~.~~~: ~ ,~~~:14:.rr~~s--:TurIDk~~~-~~U-iE41~ ~". ':~" ~_~~~::~:i_-,~,:~ :1:-~~~_., _:'.01
#
(1) Requested Loan Amount: 3" tJ()() ,,0 (J a
#
Total Cost (estimate) of the Project: ~ S 70, 0(1 tJ
(2) How soon can you begin annual loan repayments from date of loan closing? S' .Y l€. ..c ~5
(3) How long a period will you need to repay your loan from date of loan c1osing?di' .Y II ;( II< $
&"~
p~~
:5 4-(?'/'p1.
(4) Do you expect to use additional debt for this project in the future? Yes_ NoX
(5) Would the payment of this loan be superior, on a parity basis, or subordinate to other debt that is serviced
by the funding or revenue sources pledged to this loan? Superior_ Parity~ Subordinate_
(6) Has the applicant suffered an operating deficit in the last five years? Yes_ No~ If yes, attach an
explanation describing what actions were taken,
(7) Please provide the following items as attachments:
a, A statement that identifies the anticipated funding or revenue sources pledged to repay the loan;
b, A statement that identifies other funds, anticipated revenue, or securihes that are available to secure thIS loan;
c. If applicable, a rating letter from the rahng organization that evaluated the entity's last bond issue, indicating
rating and when established;
d, Financial statements for the organization making the application;
e, A resolution from your councilor board authorizing this application and borrowing from the COSIB, and
f A detailed description of the project
An electronic version is available at http://www.dot.state.co.uslbusinesscenterlbudget
Colorado State Infrastructure Bank Application
~OTI
...~~~~
__ iO:!!II
DEPARTMENT OF TRANSPORTATION
Revised (5/01)
~-~-~:_ <'~-~~- ~~? ~~-.;-- -~:'~'~SffrIF~~'~f:~~~rr}]~+:~r(~~llii:~~llifE;J::-=--~~ ;-~J-;~~~ -~-;-~T~~2>- :;~i'~-7""5?~
(1) Type of Project:
Highway ~
Transit 0
Aviation 0
Rail 0
(2) Is this project in the local area transportation plan? Yes~ No_
(3) Is this project in the regional transportation plan? Yes,K No_
(4) Is this project in the statewide transportation improvement program plan? YesK No_
(4) Does this project meet the federal-aid eligibility requirement? Yes~ No_
(5) Does this project involve a public/private partnership? Yes~ No_ If yes, attach a description of the
arrangements,
(6) Does the project involve the formation of a local improvement district (LID) or an urban renewal district
(URD) or similar entity? Yes_ No"K If yes, attach the status of negotiatIons with benefited property
owners, an engineer's report on the district formation and assessments, and any resolutions creating the district.
(7) Please provide the following items as attachment "G"; please limit to five pages:
a, A brief explanation of the need for the project;
b. A brief explanation of how this project enhances the overall transportation system and the benefits such as
congestion mitigation, environmental mitigation, safety, economic development, and connectivity;
c. An illustration of the funding source(s) for each phase of the project - planning, preliminary engineering, design
and architectural, right of way, construction, other;
d. A brief explanation that identifies the extent to which COSIB assistance accelerates project implementation,
e, A brief description of the likely negative effects of NOT receiving CQSIB assistance
, -- _.: ~ -\~ ,~ . ~ -, r -~tl~(Dr~I1.~.~~'~'{~...~1~(tctt~.fI1ilt:'~~IJ'tf.:}:'\;gtfi!~(trht!~..' -', _ . ~..~ \ :~;;;.';_ r _"~-:. ~
The undersigned hereby certifies that the information provided In this application is true and correct as of the date
set forth opposite my signature on this applicahon and acknowledge my understanding that any intentional or
negligent misrepresentation of information contained in this application may result in civil liability and/or criminal
penalties under the state statutes of Colorado, and liability for monetary damages to the Lender, its agents,
successors and assigns, insurers and any other person who may suffer any loss due to reliance upon any
::--/' srepresentation w ich lI~: :::07PliCatiOn.
{1-2. 8'-7-~
-
//1'107#)1
Print or Type name
Authorized S ature
PAR"fA<rO
Date
b/,e~Gr"l?- Or 14. BL.IG uk.e.,es
Title
Please complete ALL sections of the application, Additional information may be requested.
The City of
7500 WEST 29TH AVENUE
WHEAT RIDGE, CO 80033-8001
(303) 234-5900
~heat
'Ridge
City Admin, Fax # 234.5924
Police Dept Fax # 235-2949
August 2, 2006
The City of Wheat Ridge intends to utihze sales tax revenues as the funding source for
the repayment of the $3 0 million loan from the Colorado State Infrastructure Banle The
CIty anticipates collecting over $50 0 mIllion in sales tax revenue over the next three
years, a portion of which will be pledged to the pnnClpal and interest payments of this
loan.
Patnck Goff
Deputy City Manager
o RECYCLED PAPER
i~
~
MoodYs 'nvestors Service
99 Church Street
New York, New Yor./( 70007
WW#.moodys.com
August 6. 1998
Ambac AssurJIlce Corporation
One Smte Street Plaza
New York, New York 10004
To Whom It May Concern:
Moody's investors Service has assigned the r.umg of ~ (Ambac Assurance Corporation
Insured - Policy No, 15367BE) to the SI4,820,000.00 City ofWheJlt Ridge. Colorado-
Certificates of Participation Series 1998, (Recreation Center Project), dated July 1, 1998
which sold through negotiation on June 9, 1998, The rating is based upon an insurance policy
provided by Arnbac AssunlIlce Corporation.
Should you have any que::.-tions regarding the above, please do not hesitate to contact the assigned
analyst, Margaret Kessler at (212) 553-7884,
Sincerely yours.
.!.ewra .!.~
Laura Levenstein
Vice President and
Managing Director
~
D:J
A ccmpat>y or 11>6 Dun" ~ CoI>>O<aricn
Raring> Sa-via$
25 Broadway
N<1lI York. NY lO004.1064
'I'd 212 201l.J740
R4m:l1ce No,: %/1lI
Vinunt Orgo
Bond Jnsuran,c
PuhJi< fil1= RaJing'
Standard & Poor's ~
A /)il1i.<ilm u{Th<Ml:GTuw,1lillC=r=uo
August 6. 1998
Ms. Eileen Kirchoff
First Vice President
Ambac Assurance CorporatIOn
Client Infonnation Services
One State Street Plaza - 17th Floor
New York, NY 10004
Re: $14,820,000 City of Wheat Ridge, Colorado, Certificates of Partkipation (Recreation Center
Project), Series 1998, dated: July 1,1998, due: December 15,1998-2008,
(POLICY #15367BE/16746)
Dear Ms. Kirchoff:
Pursuant to your request for a Standard & Poor's ("S&P") rating on the subject obligations, we have
reviewed the infonnation submitted and have assigned a ratmg of < AAA'.
This reflects our assessment of the likelihood of repaymenI of principal and interest based on the bond
insurance policy your company is providing.
Rating adjustments may result from changes in the financial position of your company or from
alteratlons in documents governing the issue, With respect to the latter, please notify us of any
changes or amendments over the term of the issue.
When using the S&P's rarmg, include the defimtIon of the ratIng together v.rith a statement that this
may be changed, suspended or withdrawn as a result of changes in, or unavailability of, infonnation.
This rating is not a "market rating", because it is not a recommendation to buy, hold or sell the
obhgatlOns,
Please remember that complete documentation relating to tlus issue must be submitted no later than 90
days after the date of tlus letter. If you have any questions, please contact us,
aw
~L;J].~/P
~~
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO 37
Series of 2006
TITLE:
A RESOLUTION APPROVING AN APPLICATION FOR A
$3,000,000 LOAN FROM THE COLORADO STATE
INFRASTRUCTURE BANK FOR FUNDING OF THE 40TII
AVENUE UNDERPASS OF INTERSTATE HIGHWAY 70
WHEREAS, the City Council wishes to provide for the construction of certam highway
improvements at the crossing of 40th Avenue With 1,70; and
WHEREAS, the City is negotiating a contract with the Colorado Department of
Transportation, for the purpose of having the 40th Underpass mcluded m a Colorado Department
of Transportation construction project, and;
WHEREAS, the cost of the 40th Underpass project constructIon, including construction
engmeenng and materials testing is estimated to be $5,200,000, and
WHEREAS, the Colorado State Infrastructure Bank is a possible source of a $3,000,000
loan for the 40th Underpass project.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1, Application Approved,
The applicatIOn to the Colorado State Infrastructure Bank in the amount of $3,000,000
for use m fundmg the 40th Avenue Underpass project is hereby approved.
Section 2,Effectlve Date - August 14,2006,
This ResolutIOn shall be effective Immediately upon adoption,
DONE AND RESOL YED thiS ~ day of
,2006
Jerry DiTullio, Mayor
ATTEST
Pamela Anderson, City Clerk
ATTACHMENT 2
iTEM NO (0 l
REQUEST FOR CITY COUNCIL ACTION
[oj
COUNCIL MEETING DATE
August 14, 2006
TITLE:
RESOLUTION 38-2006 - A RESOLUTION AUTHORIZING THE
CITY TREASURER AND DEPUTY CITY MANAGER TO ENTER
INTO INVESTMENT TRANSACTIONS ON BEHALF OF THE
CITY IN ACCORDANCE WITH THE CITY OF WHEAT RIDGE
INVESTMENT POLICY
o PUBLIC HEARING
o BIDS/MOTIONS
[8J RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date: _)
o ORDINANCES FOR 2ND READING
Quasi,Judicial.
o
Yes
[8J
No
Mary J. Cavarra, City Treasurer
DepufyCity Manager
EXECUTIVE SUMMARY:
The City Treasurer requests City Council approve a resolution providmg authority to the City
Treasurer and/or the Deputy City Manager to enter orders, purchase or sell securities, certificates of
deposits and other mvestment instruments as approved in accordance with the City of Wheat Ridge
Investment Policy These persons also have signing authority on all City of Wheat Ridge checking
and savings accounts.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
Recent regulations require the holders of City funds (i.e., banks, brokers, fund managers) to request a
resolution to retain m their tiles from the governing body that states that the person(s) requesting
transactions have the authority to do so. The attached resolution will meet that requirement.
The resolution names the pOSItions rather than the mdivlduals, and it IS considered good business
practice to have two persons authorized to complete a transaction.
AL TERNA TIVES CONSIDERED:
Do not approve the resolution
FINANCIAL IMPACT:
None
RECOMMENDED MOTION:
"I move to approve Resolution 38,2006 - A Resolution Authorizmg the City Treasurer and Deputy
City Manager to Enter Into Investment Transactions on Behalf ofthe City in Accordance with the City
of Wheat Ridge Investment Policy"
or,
"I move to deny approval of Resolution 38-2006 A Resolution Authorizing the City Treasurer and
Deputy City Manager to Enter Into Investment Transactions on Behalf of the City in Accordance with
the City of Wheat Ridge Investment Policy for the following reason(s) "
Report Prepared by:
Reviewed by'
Mary Cavarra, City Treasurer
Patnck Goff, Deputy City Manager
Attachments:
I Investment Policy
2. ResolutIOn 38-2006
060814 CAI' - Inv resolution, doc
-
:.,,~'::':~'."
,....
INVESTMENT POLICY
The total Investment PolIcy IS adopted by Council
upon receiving advice from the City Treasurer This
is intended as a summary but the adopted Council
Policy IS controlling,
The City consolidates cash balances from all flUlds to
maximize investment earnings, except for the cash in
restncted and speCial funds. Investment Income is
allocated to the vanous funds bases on thclr respec-
tive participatIOn and In accordance With gcnerally
accepted accolUlting prinCiples,
The City's principal investment objectives are:
. Conformance with all applIcable City, State and
Federal regulations
. PreservatIon of capital through thc protection of
mvestment pnncipal by minimizing credit risk
. Investing operating funds in shorter,term secun,
ties, money market mutual funds or Similar invest-
ment pools to aVOId incurnng unreasonable mar,
ket Interest rate nsk
. Maintenance of sufficient liquidity to meet the City's
cash needs
. Attaining a market rate of return for eligible secu-
rities, which is secondary to the safety and lIquid,
ity stated above.
The City's assets are managed to the "prudent Inves,
tor" standard by the City Treasurer which states "In,
vestments shall be made wlthjudgement and care,
lUlder circumstances then prevailing, which persons
of prudence, discretion and mtelligence exercise in
the management of another, not in regard to specula,
tion, but for investment considering the probable safety
of their capital as well as the probable income to be
derived."
The City Treasurer has further restricted the Invest-
ment of City funds to any ofthe follOWing:
. U ,S. Treasury Obligations WIth matunties less than
five years from the date of purchase.
. Federal Instrumentality Securities issued by Fed-
eral National Mortgage ASSOCiatIOn (FNMA),
Federal Farm Credit Banks (FFCB), Federal
Home Loan Banks (FHLB), and Federal Home
Loan Mortgage Corporation (FHMLC).
. Pnme Commercial Paper, at the time of purchase,
which is rated in Its highest rating category by one
or more nationally recognized organizatIons wluch
regularly rate such obligations and which have
maturities not exceeding 270 days.
. Local Government Investment pools pursuant to
eR.S. 24-75,101 et seq as amended,
Although the public DepOSit ProtectIOn Act allows
mlUlicipalities to Invest In derivatives, the Treasurer
has explicitly state that derivatIves are an unaccept,
able investment.
It is the intent of the City to diversity the investments
WIth the portfolio to avoid incurnng lUlfeasonable nsks
inherent In over Investmg in specific Instruments, or
Individual finanCial institutions or maturities, The as,
set allocatIOn in the portfolIo should, however be flex-
ible depending upon the outlook for the economy, the
securities market, and the City's anticipated cash flow
need,
It IS the policy ofthe City to purchase securitIes only
from authonzed institutions and firms. Broker/Deal-
ers and other financial Institutions shall be selected by
the Treasurer on the basis of their expertise in public
cash management and their ability to service the City's
accolUlt.
Elected offiCials and employees Involved in the In'
vestment process shall refram from personal bus mess
activity that could conflict with proper execution of
the investment program or which could impair or cre,
ate the appearance ofan impairment of their ability to
make Impartial Investment decisions.
ATTACHMENT 1
307
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO, 38
Series 2006
TITLE:
RESOLUTION AUTHORIZING THE CITY TREASURER AND
DEPUTY CITY MANAGER TO ENTER INTO INVESTMENT
TRANSACTIONS ON BEHALF OF THE CITY IN ACCORDANCE
WITH THE CITY OF WHEAT RIDGE INVESTMENT POLICY
BE IT RESOLVED that the City Treasurer and Deputy City Manager are
authonzed in the name of the City of Wheat Ridge, to enter orders, purchase or sell
secunties, certificates of deposits and other mvestment instruments approved by the City
of Wheat Ridge Investment Policy
BE IT FURTHER RESOLVED that the City Treasurer and Deputy City
Manager also have signing authority on all City of Wheat Ridge checking and savmgs
accounts;
BE IT FURTHER RESOLVED that the authority shall be in effect from August
14,2006 and shall remam m effect until notice ofterminatton of such authonty
DONE AND RESOLVED this
day of
2006.
Jerry DiTulho, Mayor
ATTEST
Pamela Anderson, City Clerk
ATTACHMENT 2
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO 39
Senes of 2006
A RESOLUTION REFERRING TWO BALLOT QUESTIONS TO
THE REGISTERED ELECTORS OF THE CITY, CONCERNING
CONSTITUTIONAL REVENUE LIMITATIONS AND RETENTION
OF EXCESS REVENUE (!12C> &1l?-t...O..2~ It ~~IAL..
(Vf.ul'--:)(ccr:-At... c;;:.,-~c.."C70'<"::> ~ -n-#4-r- ~c?(r::-~t!;;
WHEREAS, Article X, Section 20(8) of the Colorado Constitution imposes certain
revenue limitations upon the Citf; and
TITLE
WHEREAS, Article X, Section 20(3) of the Colorado Constitution permits local
districts such as the City to request of the voters that such limits be set aside; A..ut>
{.2:J~i!f:A71 7H6 &::>~t9"L MA.y eA--t:--c. A- :s-r.r~rA.C-. MU.lVrC-t'f>A L
~'WOIJ rcoa:.~~~ TO 5:&e..T7e..v ~. ~ o~ ~ C,H,f:Jtt::rc;;~
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council
Section 1, Pursuant to the authority vested In It by the Colorado Constitution
Article X, Section 20(3) and Section 31-11,111 (2), C R S, the City Council hereby
submits and refers the following ballot questions to the registered electors of the City at
the ~Ig\l~r::r:lbor 7, 2006 general EIEct16n,
Wheat Ridge Ballot Question No.1:
A 9(:&;.eIAl.. MUJ'o.,:>,C'E'Ai..
tt<.~d:C 6!-~OA.J U!?# ( c ,c.I is'
WITHOUT INCREASING OR ADDING ANY NEW TAXES OF ANY
KIND AND FOR THE PURPOSES OF
A) POLICE PROTECTION,
B) STREET CONSTRUCTION, REPAIR AND MAINTENANCE,
C) PARKS AND RECREATION, TRAILS AND OPEN SPACE,
D) CAPITAL PROJECTS AND
E) OTHER BASIC MUNICIPAL SERVICES
AND WITHOUT WAIVING ANY OF THE FOLLOWING
CONSTITUTIONAL LIMITATIONS
. VOTER APPROVAL OF ALL NEW TAXES AND TAX RATE
INCREASES,
. VOTER APPROVAL FOR NEW OR ADDITIONAL DEBT,
. NO IMPOSITION OF A NEW REAL ESTATE TRANSFER TAX,
. ALL ELECTION REQUIREMENTS REMAIN IN EFFECT,
SHALL THE CITY OF WHEAT RIDGE, COLORADO, BE
PERMITTED TO RETAIN AND SPEND THE FULL AMOUNT OF
THE CITY'S TAXES AND OTHER REVENUE COLLECTED,
ATTACHMENT 1
N' ~zr"E'1l5 Y
C'AG.l.. 6't> 'f'"O
-mK& ~
01->
DOV~1S'lC 7
I
.zcv6
c::o,::. "l'1h4- r
rOlCL~6
INCLUDING ALL REVENUE RECEIVED IN 2006 AND EACH
SUBSEQUENT YEAR, WITHOUT REGARD TO ANY REVENUE OR
EXPENDITURE LIMITATIONS INCLUDING THOSE CONTAINED IN
ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION?
Wheat Ridge Ballot Question No.2:
SHALL THE CITY OF WHEAT RIDGE, COLORADO BE ALLOWED
TO RETAIN $54,409 IN REVENUES FROM FISCAL YEAR 2005
WHICH EXCEEDS THE CITY'S APPLICABLE REVENUE BASE
FOR THAT YEAR UNDER ARTICLE X SECTION 20 OF THE
COLORADO CONSTITUTION, SUCH REVENUE TO BE USED
FOR THE PURPOSES OF PARKS AND RECREATION?
DONE AND RESOLVED this
day of August, 2006
Jerry DiTulliO, Mayor
ATTEST
Pamela Anderson City Clerk
2
ITEM NO' I ,
REQUEST FOR CITY COUNCIL ACTION
.t;7'$~'
ru~
COUNCIL MEETING DATE
August 14,2006
TITLE:
RESOLUTION NO. 39-2006 - A RESOLUTION REFERRING TWO
BALLOT QUESTIONS TO THE REGISTERED ELECTORS OF
THE CITY, CONCERNING CONSTITUTIONAL LIMITATIONS
AND RETENTION OF EXCESS REVENUE
D PUBLIC HEARING
D BIDS/MOTIONS
[g] RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date _)
D ORDINANCES FOR 2ND READING
Quasi,Judlclal:
[g]
No
'J.1'rur I City Manager
EXECUTIVE SUMMARY:
In 1992, Colorado voters approved the Tax Payer's Bill of Rights (TABOR), a constitutional
amendment designed to control the growth of government. The TABOR amendment contains
numerous provIsions that directly affect the government's ability to raise and spend revenue.
TABOR applies to all levels of government from special districts to local, county and state
governments,
One of the most significant provISIons ofT ABOR that affects the City of Wheat Ridge's ability to
raise and spend revenues is the TABOR revenue limit. Referred to as spending limits in the state
constitution, TABOR effectively limits the amount of revenue that a government can collect and
keep by prescribmg a formula for growth m spending and requiring that all revenue m excess of
that amount be returned to taxpayers, In effect, TABOR prescribes that local government cannot
grow faster each year than the value of net new construction plus the increase in inflation. Revenue
collected in excess of these limits must be returned to the taxpayers in the following fiscal year by
any "reasonable means," including refunds or temporary tax credits, unless voters approve of the
government keeping and spending it.
The CIty has exceeded Its TABOR revenue limIt for the 2005 fiscal year by $54,409. The City
must either refund thIs amount to Wheat Ridge taxpayers or ask voters on the November 2006
ballot If the CIty may keep this money In additIOn, because of the future possibIlIty of TABOR
overages, Staff recommends that City Council conSIder a permanent "de,Brucing" of all City
revenue which will exempt the City from the TABOR revenue lImit. Proposed ballot questIons are
in the attached Resolution,
COMMISSION/BOARD RECOMMENDATION:
None
STATEMENT OF THE ISSUES:
An explanation of how the City exceeded ItS TABOR revenue limit can be described as the
"ratchet down" effect which inhibits the City's abIlity to retain future revenue when economIc
condItions pick up after several years of an economic downturn, Followmg are the factors that
have led to the TABOR overage:
The City's revenue decreased by 6.1 % between 2001 and 2004 from $20,840,173 to
$19,645,173 (after deductIons which are allowed by TABOR) and then increased in 2005
to $19,819,418.
2, In 2004, growth in Wheat Ridge (net new construction plus the mcrease in inflation) was
the lowest since the approval of TABOR (0 61%).
3 When you multiply the 2004 revenue by the 2004 growth rate ($19,645,173 x 0 61 % -
$119,836) you get the amount the City's revenue is allowed to increase by in 2005.
4 The TABOR revenue limit for the City in 2005 mcreased to $19,765,009 ($19,645,173 +
$119,836).
5 Actual revenue in 2005 was $19,819,418 which accounts for the TABOR revenue lImIt
overage ($19,765,008, $19,819,418 = -$54,409).
ALTERNATIVES CONSIDERED:
None
FINANCIAL IMP ACT:
TABOR requires voter approval for the City to retain revenues over the TABOR revenue limit. If
voters do not approve the proposed ballot question, $54,409 must be returned to the taxpayers by any
"reasonable means,"
RECOMMENDED MOTION:
"I move to approve Resolution No. 39,2006, refernng two ballot questions to the registered electors of
the City, concerning constitutional revenue limitatIons and retentIOn of excess revenue."
Or
"I move to postpone indefinitely Resolution No
reason( s)
39,2006, for the following
"
Report Prepared by'
Reviewed by'
Patrick Goff, Deputy City Manager
Jerry Dahl, City Attorney
Attachments:
I ResolutIOn No 39,2006
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO 39
Series of 2006
TITLE.
A RESOLUTION REFERRING TWO BALLOT QUESTIONS TO
THE REGISTERED ELECTORS OF THE CITY, CONCERNING
CONSTITUTIONAL REVENUE LIMITATIONS AND RETENTION
OF EXCESS REVENUE
WHEREAS, Article X, Section 20(8) of the Colorado Constitution imposes certain
revenue limitations upon the City; and
WHEREAS, Article X, Section 20(3) of the Colorado Constitution permits local
districts such as the City to request of the voters that such limits be set aside
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council
Section 1. Pursuant to the authority vested in it by the Colorado Constitution
Article X, Section 20(3) and Section 31-11,111 (2), C R.S, the City Council hereby
submits and refers the following ballot questions to the registered electors of the City at
the November 7, 2006 general election
Wheat Ridge Ballot Question No, 1:
WITHOUT INCREASING OR ADDING ANY NEW TAXES OF ANY
KIND AND FOR THE PURPOSES OF
A) POLICE PROTECTION,
B) STREET CONSTRUCTION, REPAIR AND MAINTENANCE,
C) PARKS AND RECREATION, TRAILS AND OPEN SPACE,
D) CAPITAL PROJECTS, AND
E) OTHER BASIC MUNICIPAL SERVICES
AND WITHOUT WAIVING ANY OF THE FOLLOWING
CONSTITUTIONAL LIMITATIONS
· VOTER APPROVAL OF ALL NEW TAXES AND TAX RATE
INCREASES,
. VOTER APPROVAL FOR NEW OR ADDITIONAL DEBT,
. NO IMPOSITION OF A NEW REAL ESTATE TRANSFER TAX,
. ALL ELECTION REQUIREMENTS REMAIN IN EFFECT,
SHALL THE CITY OF WHEAT RIDGE, COLORADO, BE
PERMITTED TO RETAIN AND SPEND THE FULL AMOUNT OF
THE CITY'S TAXES AND OTHER REVENUE COLLECTED,
ATTACHMENT 1
INCLUDING ALL REVENUE RECEIVED IN 2006 AND EACH
SUBSEQUENT YEAR, WITHOUT REGARD TO ANY REVENUE OR
EXPENDITURE LIMITATIONS INCLUDING THOSE CONTAINED IN
ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION?
Wheat Ridge Ballot Question No, 2:
SHALL THE CITY OF WHEAT RIDGE, COLORADO BE ALLOWED
TO RETAIN $54,409 IN REVENUES FROM FISCAL YEAR 2005
WHICH EXCEEDS THE CITY'S APPLICABLE REVENUE BASE
FOR THAT YEAR UNDER ARTICLE X SECTION 20 OF THE
COLORADO CONSTITUTION, SUCH REVENUE TO BE USED
FOR THE PURPOSES OF PARKS AND RECREATION?
DONE AND RESOLVED this
day of August, 2006
Jerry DiTullio, Mayor
ATTEST
Pamela Anderson, City Clerk
A
-,
2
City of Wheat Ridge
In this space there is a large scale map that could not be scanned at
thIS time, Please see the City of Wheat Ridge Clerks office if you
would like to see the map. Thank You,
[~~
T1
o
-tii'
0-
l:
...
CIQ
J:
2-
-
>I"
C
~
::;,
CIQ
-
V:i
t:::
:3
:3
l:l.l
...
~
C
....
;:.0
Ie
~
c
:3
:3
Ie
=:3
~
" Ie
. ~
cr
m -
"
'" :3
-i
" 'tl
~
" ...
"2 C
-.:
Ie
~ :3
~
~ Ie
~ =:3
~
'2 -
0 '"
m
:DOlO
~ r- g
Q.l>>!
'I:::J ~
"'<D"
'< n
-<
-gl>O
.;:.~OO
!co 0 ~
l>>::r.~ft)
~~(f)2
(t) Q. - 0
_~o_
~
Q,
,.
Zinnia Sf. ~
~
0"
~<S. ~
~ -.0.
~ ~CD
<D a. "
tfl~
-<
ag
""'~~
r",o.
"'<DCD
~ O:::J
UJ?1
~
-"
O,,;Z
:: rs. _.
At -.0-
j ~(I)
<D 0."
fh~
~~-:;
c:"OlDo
-""'::::JO
a:&m-a
og.oQ
5~:;:)~
0-.. ::::.'I ttl
=ra.Oc.
o~s.~
cal>>S20=
::r?J~~
i"oc-
~g~3
'a.
,
,
,
,
,
,
I\>
S
:t>
~
-,.,'_____.n____.________________
riQ'
c::
'"'
(])
'{o
~
:'IS p/8!J6uno,A.
)>
'0
'0
(i)
~
o
~ Q. :
_nn_ '" nn{T____n_nnn.
.... (b
;:: "
~ ~
....
'IS UOU8X
;;,
'"
'"
....
,
~
....
~
'"
'"
;::,
;;;-
'IS 8JI.IU/DW
n
"
"
...
~
~
==
~
Cd
~
~
..
o
o
"
:D'"
O<:t
'" "
0.0
'1:-
",'f
'<r
III
::J
<D
I:il:i 3SNfJ
-<
_0
0"
""'.5 ;;
~itg.
~ a::J
(1)~
CITY OF WHEAT RIDGE
PUBLIC BEARING ROSTER
AGENDA ITEM HO. 2 .
PUBLIC BEARING BEFORE THE WHEAT RIDGE CITY COUNCIL
CASE NO.
COUNCIL BILL NO. 01-2006
TITLE:
COUNCIL BILL 01-2006 - AN ORDINANCE ENACTING CHAPTER 20 OF THE
WHEAT RIDE CODE OF LAWS, ENTITLED STORMWATER QUALITY AND
CONTROL.
YOUR NAME AND ADDRESS CHECK
IN FAVOR OPPOSED
IF YOU HEED MORE ROOM PLEASE SIGN ON BACK OF PAGEl
CITIZENS' RIGHT TO SPEAK
DATE: August 14, 2006
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, AND TOPIC OF COMMENT.
TOPIC
wrl'fJ Fv t.IJO
..--
~ f'J0 \~
CITY OF WHEAT RIDGE
CD
PUBLIC BEARING ROSTER
AGENDA ITEM NO. 1.
PUBLIC HEARING BEFORE THE WHEAT RIDGE CI'l'Y COUNCIL
CASE NO. WZ-06-03
COUNCIL BILL NO. 17-2006
TITLE:
COUNCIL BILL 17-2006 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF AN AMENDMENT
TO AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY ZONED PLANNED COMMERCIAL
DEVELOPMENT (PCD) FOR PROPERTY LOCATED WEST OF 1-70, SOUTH OF STATE HIGHWAY 58
AND NORTH OF WEST 32ND AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE
OF COLORADO
(Case No. WZ-06-03) (Coors Brewing Company and Cabela's)
YOUR NAME AND ADDRESS CHECK
IN FAVOR OPPOSED
"' ,.- I
-[
t-:) d\.i
<r{ ex( b7
v-
y-
V
V
1
?
"
4/'
~
IF YOU HEED MORE ROOM PLEASE SIGH ON BACK OF PAGEl
CITY OF WHEAT RIDGE
PUBLIC BEARING ROSTER
AGENDA ITEM NO.1,
PUBLIC BEARIRG BEFORE THE WHEAT RIDGE CI'rY COUBCIL
CASE NO. WZ-06-03
COUl!ilCIL BILL RO. 17-2006
TITLE:
COUNCIL BILL 17-2006 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF AN AMENDMENT
TO AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY ZONED PLANNED COMMERCIAL
DEVELOPMENT (PCD) FOR PROPERTY LOCATED WEST OF 1-70, SOUTH OF STATE HIGHWAY 58
AND NORTH OF WEST 32ND AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE
OF COLORADO
(Case No. WZ,06-03) (Coors Brewing Company and Cabela's)
YOUR NAME AND ADDRESS CHECK
IN FAVOR OPPOSED
"-
j)y/
~
~
~
/ ?-- '7- '7C?'
f,{/. '2---
v
v
" ~~~ C
"'-
IF YOU HEED MORE ROOM PLEASE SIGN OR BACK OF PAGE 1
~
CITY OF WHEAT RIDGE
PUBLIC BEARING ROSTER
AGENDA ITEM NO. 1.
PUBLIC BEAlUHG BEFORE THE WHEAT RIDGE CITY COUNCIL
CASE NO. WZ-06-03
COUNCIL BILL NO. 17-2006
TITLE:
COUNCIL BILL 17,2006 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF AN AMENDMENT
TO AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY ZONED PLANNED COMMERCIAL
DEVELOPMENT (PCD) FOR PROPERTY LOCATED WEST OF 1-70, SOUTH OF STATE HIGHWAY 58
AND NORTH OF WEST 32ND AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE
OF COLORADO
(Case No. WZ-06-03) (Coors Brewing Company and Cabela's)
,~OUR liIAME AND ADDRESS CHECK
IN FAVOR OPPOSED
KQ~ IN,\ f'S+~ "7
do/ 5' A-" nle.c~-o<! ()r \
\
IF YOU HEED MORE ROOM PLEASE SIGH ON BACK OF PAGE I