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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