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HomeMy WebLinkAbout06-17-21City of W heat -Midge PLANNING COMMISSION AGENDA June 17, 2021 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on June 17, 2021 at 7:00 p.m. This meeting will be conducted as a virtual meeting and in person at 7500 W. 291h Avenue, Municipal Building, if allowed to meet on that date per COVID-19 restrictions. Members of the Planning Commission and City staff will be physically present at the Municipal building for this meeting if allowed by health guidelines. The public may participate in these ways: 1. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on June 16) 2. Virtually attend and participate in the meeting through a device or phone: • Click hereto join and provide public comment (create a Zoom account to join) • Or call 1-669-900-6833 with Meeting ID 847 3432 7760 3. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view 4. Attend in person (meeting will be in-person unless prohibited by COVID-19 restrictions). 1. CALL THE MEETING TO ORDER 2. ROLL CALL OF MEMBERS 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) 5. APPROVAL OF MINUTES — May 20, 2021 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes.) (continued on next page) Planning Commission Agenda — June 17, 2021 PUBLIC HEARING * Page 2 A. Case No. WZ-21-01: an application filed by Frank Ceferatti for approval of a 2 - lot major subdivision with right-of-way dedication in the Mixed Use -Commercial (MU -C) zone district and located at 4100 Wadsworth Boulevard. B. Case No. ZOA-21-01: a code amendment modifying Chapter 26 of the Wheat Ridge Code of Laws concerning the floodplain regulations 8. OLD BUSINESS 9. NEW BUSINESS A. Upcoming Dates B. Project and Development Updates 10. ADJOURNMENT * Public comment is welcome during any public hearing item. The standard procedure for a public hearing is as follows: a. Staff presentation b. Applicant presentation — if applicable c. Public comment —time may be limited at the discretion of the Chair, often to 3 minutes d. Staff/applicant response e. Close public hearing f Commission discussion and decision Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding, Public Information Officer at 303-235-2877 at least one week in advance of a meeting ifyou are interested in participating and need inclusion assistance. 1. 2. 3. 4. City of WheatMidge PLANNING COMMISSION Minutes of Meeting May 20, 2021 CALL THE MEETING TO ORDER The meeting was called to order by Chair LARSON at 7:00 p.m. This meeting was held virtually, using Zoom video -teleconferencing technology. As duly announced and publicly noticed, the City previously approved this meeting format in order to continue with normal business amid the COVID-19 pandemic and the related public emergency orders promulgated by the State of Colorado and the Wheat Ridge City Council. Before calling the meeting to order, the Chair stated the rules and procedures necessitated by this virtual meeting format. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Staff Members Present: PLEDGE OF ALLEGIANCE Kristine Disney Ari Krichiver Daniel Larson Janet Leo Scott Ohm Melissa Antol Will Kerns Jahi Simbai Lauren Mikulak, Planning Manager Stephanie Stevens, Senior Planner Tammy Odean, Recording Secretary Jordan Jeffries, Civil Engineer APPROVE ORDER OF THE AGENDA It was moved by Commissioner DISNEY and seconded by Commissioner OHM to approve the order of the agenda. Motion carried 5-0. 5. APPROVAL OF MINUTES — April 15, 2021 and May 6, 2021 Planning Commission Minutes May 20, 2021 -I— It was moved by Commissioner LEO and seconded by Commissioner OHM to approve the minutes of April 15, 2021, as written. Motion carried 5-0. It was moved by Commissioner LEO and seconded by Commissioner OHM to approve the minutes of May 6, 2021, as written. Motion carried 5-0. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. PUBLIC HEARING A. Case No. WZ-21-01: an application filed by Davis Partnership Architects on behalf of SCL Health for approval of a Specific Development Plan (SDP) for the construction of a 630,000 square foot hospital and parking garage on 26.93 acres for a property zoned Planned Mixed Use Development (PMUD) and located at the northeast corner of West 401h Avenue and Clear Creek Drive (Planning Area 1 of Clear Creek Crossing)). Ms. Stevens gave a short video presentation regarding the Specific Development Plan and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. There were also two letters of support received on May 20, 2021 and Ms. Stevens entered them into the record. Steven Chyung, SCL President Applicant Mr. Chyung gave a brief video presentation explaining SCL's vision for the new hospital campus. Commissioner DISNEY inquired if there will be noise emitted from the oxygen tank located at the utility plant adjacent to the hospital. Mr. Chyung said supplying medical oxygen to a hospital is critical and he mentioned there is no compressor or other operating equipment that will create any noise. Commissioner OHM asked if the Building Division will ever approve the CDs for permit, prior to receiving approval on the SDP. Ms. Stevens clarified that the Planning Commission is the last step of the SDP process and because permits are starting to come in, we have made it clear that the Planning Commission Minutes -2— May 2— May 20, 2021 SDP needs to be approved first; and added that the only permit that has been approved is for over -lot grading. She said over -lot grading needed to be done to get the property out of the flood plain to accommodate any development on this property. Commissioner OHM also inquired about the fuel tank in the northeast corner of the site and asked if there are any concerns with it being close to storm drains, if it were to leak. Mr. Jefferies mentioned that the fuel tank has been moved directly east of the utility plant and the nearest storm drain is 40-50 feet away and there should not be any issues. Commissioner OHM then asked about the enlarged landscape plan sheet and what the minimum tree lawn width will be and if there were any variances requested. Ms. Stevens said the narrowest portion is along Clear Creek Crossing Drive and is 6 1/2 feet with the widest being 8 1/2 feet. She added that there were no variances, but modification to the Design Pattern Book to accommodate plant species. Lynn Moore, Davis Architects 2901 Blake Street, Denver In response to a question about how to effectively water a 6 1/2 foot section of lawn, Ms. Moore explained that the lawn will be watered through a spray system and the lawn will be Texas blue grass which requires 40% less water. Commissioner OHM asked about the landscape buffer between the hospital and Outlook Apartments. , Ms. Moore commented that there was a modification requested resulting in a 15 - foot buffer due to a tight site and the need to have adequate access for the Fire Department. In response to a question regarding sidewalk access, Ms. Moore said options are being looked at to open up areas through landscaping to make a walk thru. Commissioner LEO asked how many beds are currently at Lutheran Hospital. Mr. Chyung said there are 338 licensed beds at Lutheran Hospital. Commissioner LEO question if there is any room for expansion since the number of licensed beds is dropping to 210. Mr. Chyung said there is room for growth and the capacity has been studied. Planning Commission Minutes -3— May 3— May 20, 2021 Commissioner KRICHIVER inquired if there will be direct access from the apartment parking lot to the hospital parking lot and, if so, if the traffic flow will be diverted away from the residential areas. Ms. Stevens said yes there will be connectivity, but directional signage will be incorporated to limit users. She explained there needs to be interconnectivity for the multi -family residents and fire access. Ms. Mikulak added that the multi- family development is located at the dead-end of Clear Creek Drive, so more cars will be driving out of that area than driving through it from the signalized intersection Clear Creek Drive and 40th. In response to a question regarding patrons parking at the multi -family site as opposed to the hospital site, Ms. Stevens said the multi -family parking will be permit parking only. Commissioner KRICHIVER also asked how many points of ingress/egress there are from the main road to the parking area and if it is sufficient amount. Ms. Stevens explained there will be one off of Clear Creek Drive and two off of 401' Avenue also including multiple points of access for pedestrians. She added the access points are sufficient. Commissioner LARSON asked if there is access from Youngfield by 401h Avenue under I-70. Ms. Stevens confirmed this to be true. Commissioner LARSON also inquired about where the stormwater runoff will go. Mr. Jefferies explained there is regional water quality pond directly north of the hospital and that is where the storm water will be directed. After being treated it will discharge to Clear Creek. I PUBLIC COMMENT Tyler Carlson, Evergreen Development 1873 South Belaire Street, Ste. 1200, Denver Mr. Carlson introduced himself as the master developer of Clear Creek Crossing and mentioned he is excited to see the hospital reach this stage. It is an important anchor of the project and he likes the design. Planning Commission Minutes -4— May 4— May 20, 2021 Lindsay Burney, Resident 3880 Garrison Street, Wheat Ridge Ms. Burney mentioned she is also excited about the new development at Clear Creek Crossing and is in favor of the project. Mark Omilian, Resident 10495 West 35" Place, Wheat Ridge Mr. Omilian said he is excited about this project and the addition to the community and is very supportive. Robert Place, Evergreen Multifamily Development 3371 Cranson Circle, Highlands Ranch Mr. Place introduced himself as the developer of the adjacent multifamily apartments and mentioned he is exceedingly pleased and is in full support of the connectivity between the hospital and multi -family. Commissioner LARSON closed the Public Comment. It was moved by Commissioner OHM and seconded by Commissioner LEO to APPROVE Case No. WZ-21-01, a request for approval of a Specific Development Plan for the construction of a 630,000 square foot hospital and parking garage on property located at the northeast corner of West 40' Avenue and Clear Creek Drive within Planning Area 1 of Clear Creek Crossing, for the following reasons: 1. The specific development plan is consistent with the purpose of a planned development, as state in Section 26-301 of the Code of Laws. 2. The specific development plan is consistent with the intent and purpose of the outline development plan. 3. The proposed uses are consistent with those approved by the outline development plan. 4. All responding agencies have indicated they can serve the property with improvements installed at the developer's expense. 5. The specific development plan is in substantial compliance with the applicable standards set forth in the outline development plan and with the City's adopted design manuals. With the following conditions: 1. The technical corrections requested by Planning related to labels and notes shall be addressed prior to SDP recording and prior to issuance of any building permit. Planning Commission Minutes - 5— May 20, 2021 2. The developer shall enter into a development agreement with the City to be recorded with the County Clerk & Recorder, and associated financial guarantee shall be provided, prior to issuance of building permits. 3. Prior to commencing horizontal or vertical construction, civil construction drawings shall be approved, and appropriate permits shall be obtained. 4. Building permit submittals shall be consistent with the SDP. Commissioner OHM thinks the 6'/2 foot wide turf area is not sufficient and thinks 8 to 10 feet should be considered with more plants and a drip system. He added he appreciates the work being done by the landscape architects. Commissioner LEO mentioned she is in favor of the project but has concerns for the size of the hospital having too few beds. Commissioner LARSON commented that the level of attention to detail on this SDP is commendable. Motion carried 5-0. 8. OLD BUSINESS 9. NEW BUSINESS A. Upcoming Dates • No June 3 meeting; June 17 next Planning Commissioner Meeting B. Project and Development Updates • Ms. Mikulak shared part of the Lutheran Virtual Tour that is found on whatsupwheatridge.com and mentioned the next public meeting is scheduled for June 10 from 6:30-8pm. • Short Term Rental Ordinance was approved by City Council and licensing started on May 1. • June 7 will be the first in-person Study Session. Planning Commission will return shortly after and explained the publishing details to come. • Commissioner LEO asked about the property on 44th Avenue and Kipling Street. Ms. Mikulak explained they have an approved concept plan and Planning Commission Minutes -6— May 6— May 20, 2021 have recently conducted a pre -application meeting for subdivision so far and is not aware of their timing. Commissioner OHM inquired if there has been any thought to pedestrian/bicycle traffic on the Clear Creek Trail for fear of it becoming congested. Ms. Mikulak commented that this would be a question for Parks and Rec and that parkland fees in lieu can be used towards trail infrastructure. 10. ADJOURNMENT It was moved by Commissioner LEO and seconded by Commissioner DISNEY to adjourn the meeting at 8:30 p.m. Motion carried 5-0. Dan Larson, Chair Tammy Odean, Recording Secretary Planning Commission Minutes May 20, 2021 7— ♦�4le 1W Ir Wh6atRjid e g CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT REVIEW DATES: June 17, 2021 (Planning Commission) / June 28, 2021 (City Council) CASE MANAGER: Scott Cutler CASE NO. & NAME: WS -21-01 / Makatura Replat ACTION REQUESTED: Request for approval a major subdivision with two (2) lots and dedication of a public street LOCATION OF REQUEST: 4100 Wadsworth Blvd APPLICANT/OWNER (S): SP Holdings LLC (property owner) Frank Ceferatti (applicant, fixture owner) APPROXIMATE AREA: 85,809 sf (1.97 acres) PRESENT ZONING: Mixed Use — Commercial (MU -C) PRESENT LAND USE: Office Building (western) and vacant (eastern) ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) SUBDIVISION REGULATIONS (X) DIGITAL PRESENTATION Location Map Planning Commission 1 Case No. WS -21 -01 IMakatura Replat Site All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Case No. WS -2 1-01 is an application for a major subdivision on property located at 4100 Wadsworth Boulevard. The applicant is proposing to subdivide the property into two lots, one being retained for the existing office building, and the second lot to be used for new development. Staff is requesting the dedication of right-of-way to accommodate a full -width street on the eastern portion of the property. It is designated as Vance Street. Because of the full street right-of-way dedication, this request is considered a major subdivision, which requires Planning Commission to make a recommendation to City Council who is the final authority for approval. The purpose of a subdivision plat is not to review specific site plan details, but rather to confirm appropriate lot configuration, access, rights-of-way, easements, and utility service to the site in order to create developable parcels for land uses that are already permitted by the underlying zoning. The plat will allow each lot in the subdivision to be owned separately and will allow for new development on Lot 2. A site plan for development on Lot 2 is under administrative review pursuant to the Mixed Use — Commercial (MU -C) zoning regulations and civil construction documents are under review by the Engineering Division. Both will need to be approved prior to issuance of any building permit for the site. These documents are not reviewed by Planning Commission or City Council as part of the subdivision application. II. EXISTING CONDITIONS The property is on the east side of Wadsworth Boulevard, east of Town Center Park and between the two major shopping centers (Lhibit 1, AeriaSl . It does not have direct frontage on Wadsworth, but fronts two access easements on the east and west side that allow access through other properties to the public street network. The easements were established by the original 1996 subdivision plat. The property is 85,809 square feet (1.97 acres) in size and contains a one-story office building built in 1997. The office building is situated on the western portion of the property and the eastern portion is currently a vacant grassy area. The site was originally developed under Planned Commercial Development (PCD) zoning and far exceeded the minimum landscape requirements with no proposed use for the eastern portion of the site. The property is now zoned Mixed Use -Commercial (MU -C), as are all of the properties to the north and south having been subject to a legislative rezoning of the Wadsworth corridor in 2011 (Exhibit 2, �. Properties to the east along Upham Street are zoned Residential -Three (R-3); the adjacent site to the east contains two-story multifamily apartments. III. PROPOSED SUBDIVISION PLAT Plat Document The proposed plat document consists of two pages (Exhibit 3, Makatura Office Subdivision First Filing). The first page includes a legal description of the property; signature blocks for the owners, Planning Commission Case No. WS -21 -01 IMakatura Replat City, surveyor and County; standard declarations and notes; and the data table. The second page includes the plat map which shows the proposed property lines and easements. Lot Configuration The subdivision creates two lots: Lot 1 (which contains the existing office building) and Lot 2 (which creates a new development site). It also creates "Tract A" which is 52 feet wide and dedicated by plat to the City as public right-of-way for the construction of Vance Street. Lot 2 has frontage on Vance Street, while Lot 1 fronts an existing 30 -foot access easement connecting to public streets. (This easement is part of a network of access easements extending between W. 38' and 44' Avenues on the east side of Wadsworth which function in lieu of a street grid in this area.) New development on the site will be required to comply with the MU -C development standards including setbacks/build-to, building height, architecture/materials, open space, parking, and lighting. While the MU -C zone district does not have minimum lot size or width requirements, the applicant has submitted a site plan and demonstrated that Lot 2 is developable. A multifamily use is proposed which is permitted by the underlying zoning and compatible with the adjacent multifamily development and surrounding commercial uses. Easements Several easements are created by this plat to allow adequate infrastructure and access: • A 22- to 26 -foot wide access easement is provided along the southern drive aisle, connecting Tract A (Vance Street) to the existing 30 -foot wide access easement along the west side of Lot 1. This allows for cross access between the two lots. • Water and sanitary easements will be recorded by separate documents but are shown on the plat, largely following the access easement described above. • A stormwater drainage easement is provided in the northeast comer of Lot 2 to accommodate new drainage facilities required to serve new development. • Most existing utility and access easements will remain as shown on the plat. Public Improvements The developer will construct public improvements within the dedicated right-of-way for Vance Street, shown as Tract A, upgrading the existing paved access easement to a public street. Within the 52 -foot ROW, a 5 -foot sidewalk, 26 -foot wide drive aisle, curb/gutter, and parallel parking on both sides of the street will be constructed. The only improvement for this section of Vance Street not being constructed as part of this project is a 5 -foot sidewalk on the east side of the street. Staff is requesting a full street ROW dedication in this area for a few reasons: • The area bounded by 38' Ave, Upham Street, 44' Ave, and Wadsworth is considered a "superblock" with no public street connectivity through this area. • City documents and code (including the Comprehensive Plan, Bicycle and Pedestrian Master Plan, and subdivision regulations) call for improved connectivity. • An incremental approach to improved connectivity in this area began with dedication of Vance Street between 43`d and 44' Avenues in the Town Center subdivision to the north. The proposed ROW dedication on the subject property aligns with the Vance Street segment to the north. • The proposed ROW dedication is consistent with the historical cross access easement in the same location and connects to platted access easements on the north, east, and south sides of the property which will allow access to/from this right-of-way to other public streets. Planning Commission Case No. WS -21-01 /Makatura Replat The document in Exhibit 4 shows the proposed Vance Street dedication and how it connects to other public streets and to the existing network of platted access easements which have served as a substitute for a local street grid. A Subdivision Improvement Agreement (SIA) will ensure all improvements in the public right-of-way and other on-site improvements necessary for the site to function, such as utilities and drive aisles, are in place prior to any future Certificate of Occupancy. The SIA dictates construction and maintenance responsibilities as well as the timing of permit issuance relative to completion of the public improvements. Parkland Dedication The subdivision regulations include a parkland dedication requirement for all residential development based on the assumption that additional residents in the City will impact the demand for parks and open space. The site is located in an Urban Renewal area, so the fee is $2,021.62 per residential unit paid at time of building permit issuance. If the site does not advance to residential construction, no park fee would be owed. IV. AGENCY REFERRALS All affected service agencies were contacted for comment on the subdivision plat regarding the ability to serve the property. Specific referral responses follow. Wheat Ridge Engineering Division: The plat is approvable. Civil Construction documents are under review and must be approved prior to construction or issuance of building permits. Wheat Ridge Building Division: No comments at this time. Any future development will be required to obtain building permits that be reviewed for compliance with current building codes. West Metro Fire Protection District: No remaining comments on the plat. The applicant will submit building permits to West Metro for review. Wheat Ridge Sanitation District: No remaining comments. The applicant is working with the district to establish service and new connections for Lot 2. Wheat Ridge Water District: No comments. Applicant to set up service and obtain approval from Denver Water. Xcel Energy: No remaining comments. Applicant to work with Neel to establish service. Century Link: No concerns. Comcast: No concerns. V. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff has concluded that the proposed subdivision plat results in a logical lot layout, including the proposed right-of-way dedication. Staff further concludes that the subdivision plat complies with the Planning Commission Case No. WS -21 -01 IMakatura Replat standards in Article IV of the City Code (subdivision regulations) and that all utility agencies can serve the property. For these reasons, staff recommends approval of the subdivision plat. VI. SUGGESTED MOTIONS Option A: "I move to recommend APPROVAL of Case No. WS -21-01, a request for approval of a major subdivision with right-of-way dedication on property located at 4100 Wadsworth Boulevard and zoned Mixed Use — Commercial (MU -C) for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. 2. All agencies can provide services to the property with improvements installed at the developer's expense. With the following conditions: 1. The applicant shall pay the required fees -in -lieu of parkland dedication at time of building permit, if residential development occurs. 2. The developer shall enter into a Subdivision Improvement Agreement with the City at the time of recordation of the subdivision plat. Option B:"I move to recommend DENIAL of Case No. WS -21-01, a request for approval of a major subdivision with right-of-way dedication on property located at 4100 Wadsworth Boulevard and zoned Mixed Use — Commercial (MU -C), for the following reasons: 1. ... Planning Commission Case No. WS -21 -01 IMakatura Replat EXHIBIT 1: AERIAL (2018) hicU bra n SYstan 4 % > «F43RO AVE Vol 1pvp entl Q&bled vmpenv r f l (a91H gym' 1 , ILL. 1 A It THREEALN, i tt Zn11 d� .121 l I f11W' +}�.{"T �tl ly t 101 1't? s � �r Yq •'d �" !I F i s la H 9d vn '. i 39THAVEr a9 t r _ x , a v n +� Planning Commission 6 Case No. l 21-01 /Malrwa Replan EXHIBIT 2: ZONING MAP Informma on 6ysi 43R0 AV E ein Qsuyaa Property o Mixed innir comrntekTh ucl Rae��nr�e,,,ree (R-3) Resdenr�e„io IR -z; G kk�Ani y s 9e �vyp 2 Ra al y � _a 4 Planning commission 7 Case No. l 21-01 /Momii Replan EXHIBIT 3: MAKATURA OFFICE SUBDIVISION, FIRST FILING Attached as an 11x17 document on the following page. Planning Commission Case No. WS -21-01 /Makatura Replat RECEPTION NO. , DATE 120_1 TIME , COUNTY OF JEFFERSON, STATE OF COLORADO, $ MAKATURA OFFICE SUBDIVISION, FIRST FILING OWNER'S CERTIFICATE WE, SP HOLDINGS LLC, BEING THE OWNERS OF REAL PROPERTY CONTAINING 1.9699 ACRES DESCRIBED AS FOLLOWS: ALL OF MAKATURA OFFICE FINAL DEVELOPMENT PLAN AND PLAT, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, RECORDED JUNE 04, 1996 AT RECEPTION NO. F0245788, MORE PARTICULARLY AND SUBORDINATELY DESCRIBED AS: COMMENCING AT THE CENTER QUARTER CORNER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING A FOUND 3.25" BRASS CAP IN RANGE BOX, COWR CONTROL POINT NO. 14709, FROM WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION 23, BEING A FOUND 3.25" BRASS CAP IN RANGE BOX, COWR CONTROL POINT NO. 15709, BEARS SOUTH 00'10'11" EAST, A DISTANCE OF 2645.02 FEET, WITH ALL BEARINGS HEREIN RELATIVE THERETO; THENCE SOUTH 13'11'25" EAST, A DISTANCE OF 1356.55 FEET TO THE NORTHWEST CORNER OF SAID MAKATURA OFFICE AND THE POINT OF BEGINNING. THENCE NORTH 89'41'04" EAST, A DISTANCE OF 352.12 FEET; LOT 1 LOT 2 TRACT A THENCE SOUTH 00'10'49" EAST, A DISTANCE OF 264.05 FEET; 1.9699 THENCE SOUTH 89'38'08" WEST, A DISTANCE OF 344.91 FEET; THENCE 80.10 FEET ALONG A NON -TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 115.00 FEET, A DELTA OF 39'54'23", AND A CHORD WHICH BEARS NORTH 19'47'46" EAST, A DISTANCE OF 78.49 FEET; THENCE 123.22 FEET ALONG A CURVE TO THE LEFT WITH A RADIUS OF 85.00 FEET, A DELTA OF 83003'20", AND A CHORD WHICH BEARS NORTH 01'46'41" WEST, A DISTANCE OF 112.71 FEET; THENCE 85.79 FEET ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 114.34 FEET, A DELTA OF 42'59'29", AND A CHORD WHICH BEARS NORTH 21'48'42" WEST, A DISTANCE OF 83.80 FEET TO THE POINT OF BEGINNING; HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED INTO LOTS AND TRACTS UNDER THE NAME AND STYLE OF MAKATURA OFFICE SUBDIVISION, FIRST FILING, A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY THESE PRESENTS DO DEDICATE TO THE CITY OF WHEAT RIDGE AND THE PUBLIC THOSE PORTIONS OF REAL PROPERTY SHOWN AS RIGHT-OF-WAY, AND DO FURTHER DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORM WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL APPURTENANCES THERETO. BY: SP HOLDINGS LLC, A COLORADO LIMITED LIABILITY COMPANY BY:JOSEPH GAUMOND, AS MANAGER STATE OF SS COUNTY OF THE FORGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF WITNESS MY HAND AND OFFICIAL SEAL. AS ---------------- NOTARY PUBLIC MY COMMISSION EXPIRES: BY: SWEETRIDGE APARTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY BY: FRANK CEFARATTI, AS MANAGER STATE OF SS COUNTY OF THE FORGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS ____- DAY OF Ll"1 WITNESS MY HAND AND OFFICIAL SEAL. /m SITE DATA DESCRIPTION SQ. FT. ACRES f LOT 1 LOT 2 TRACT A 52,532 19,545 13,732 1.2060 0.4487 0.3152 TOTAL 85,809 1.9699 ENGINEER POINT CONSULTING, LLC. ATTN: TIFFANY WATSON 8460 W. KEN CARYL AVE. LITTLETON, CO 80128 (720) 258 - 6836 NOTARY PUBLIC MY COMMISSION EXPIRES: ARCHITECT REAL ARCHITECTURE LTD ATTN: DAVID BERTON 2899 N. SPEER BLVD. SUITE 102 DENVER, CO 80211 (303) 477 - 5550 SURVEYOR FALCON SURVEYING, INC. ATTN: JEFFREY MACKENNA 9940 W 25TH AVENUE LAKEWOOD, CO 80215 (303) 202 - 1560 20___, 20___, A REPLAT OF MAKATURA OFFICE FINAL DEVELOPMENT PLAN AND PLAT SITUATED IN THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO VICINITY MAP SCALE 1"=2000' GENERAL NOTES CITY DATUM A. THE CURRENT CITY DATUM COORDINATE SYSTEM USED IS A GROUND-BASED MODIFIED FORM OF THE NAD83/92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502. B. VERTICAL DATUM USED IS THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88). C. GROUND TO GRID COMBINED SCALE FACTOR IS 0.99974780300, SCALED FROM BASE POINT PHAC 1 (PERMANENT HIGH ACCURACY CONTROL POINT #1) HAVING THE FOLLOWING NAD83/92 STATE PLANE COORDINATES: PHAC 1: NORTHING: 1701258.75, EASTING:3118217.58, ELEVATION: 5471.62. STATEMENT OF ACCURACY THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM THE NAD 83 HARN STATE PLANE COLORADO CENTRAL FIPS 0502 COORDINATE SYSTEM, AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.07 U.S. SURVEY FEET AT THE 95% CONFIDENCE LEVEL, AS DEFINED IN THE GEOSPATIAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE (FGDC-STD-007.2-1998). CITY CERTIFICATION APPROVED THIS ____ DAY OF ATTEST CITY CLERK MAYOR 1. TRACT A, CONTAINING 13,732 SQUARE FEET, OR 0.3152 ACRES OF LAND, MORE OR LESS, IS HEREBY COMMUNITY DEVELOPMENT DIRECTOR DEDICATED TO THE CITY OF WHEAT RIDGE AS A 52' PUBLIC RIGHT-OF-WAY. 2. ALL EXISTING EASEMENTS TO REMAIN ON THIS PLAT ARE IDENTIFIED AS "EASEMENT TO REMAIN" AND ARE DESCRIBED ON SHEET 2 OF THIS PLAT. 3. THE STORMWATER WATER QUALITY AREA SHOWN HEREIN AS A "STORMWATER DRAINAGE EASEMENT" SHALL BE MAINTAINED BY THE OWNERS, ANY SUBSEQUENT OWNERS, THEIR HEIRS, SUCCESSORS, AND ASSIGNS. IN THE EVENT THAT SUCH CONSTRUCTION AND MAINTENANCE IS NOT PERFORMED BY SAID OWNERS, THE CITY OF WHEAT RIDGE SHALL HAVE THE RIGHT TO ENTER SUCH AREA AND PERFORM NECESSARY WORK, THE COST OF WHICH SAID OWNER, HEIRS, SUCCESSORS, AND ASSIGNS AGREES TO PAY. NO BUILDING OR STRUCTURE SHALL BE CONSTRUCTED WITHIN THE STORMWATER DRAINAGE EASEMENT AND NO CHANGES OR ALTERATIONS AFFECTING THE HYDRAULIC CHARACTERISTICS OF SAID STORMWATER WATER QUALITY AREA SHALL BE MADE WITHOUT THE APPROVAL OF THE COMMUNITY DEVELOPMENT DIRECTOR. 4. THE OWNER, HIS SUCCESSORS AND ASSIGNS GRANTS LIMITED RIGHTS AND PRIVILEGES TO ACCESS AND TO FREE MOVEMENT THROUGH THOSE AREAS INDICATED AS "CROSS -ACCESS EASEMENTS", AS ILLUSTRATED UPON THIS PLAT. SUCH GRANT OF EASEMENT SHALL BE LIMITED TO THE OWNERS, TENANTS, CUSTOMERS, AND GUESTS OF THE OWNERS, AND SHALL FURTHERMORE GRANT ACCESS TO AND FREE MOVEMENT THROUGH SAID EASEMENTS TO THOSE ENTERING SAID EASEMENTS FROM SIMILARLY RECORDED EASEMENTS FROM ADJACENT PROPERTIES AND/OR FROM ABUTTING PUBLIC STREETS 5. PER COLORADO REVISED STATUES SEC. 38-51-106(L), ALL LINEAL UNITS DEPICTED ON THIS LAND SURVEY PLAT ARE U.S. SURVEY FEET. ONE METER EQUALS 39.37 DIVIDE BY 12 U.S. SURVEY FEET ACCORDING TO THE NATIONAL INSTITUTE OF STANDARDS AND MEASUREMENTS. 6. ZONING: SUBJECT PROPERTY ZONED MU -C (MIXED USE COMMERCIAL), PER CITY OF WHEAT RIDGE ZONING MAP ON NOVEMBER 07, 2019. NO ZONING REPORT OR LETTER WAS PROVIDED TO THE SURVEYOR BY THE CLIENT. 7. BENCHMARK: FOUND CITY OF WHEAT RIDGE 9/16" STEEL ROD BENCHMARK STAMPED "PHAC-3" LOCATED 150 FEET WEST OF THE INTERSECTION OF W 45TH AVE AND VANCE ST TO THE PARK ENTRANCE, APPROXIMATELY 20' SOUTHWEST OF THE INTERSECTION OF THE SIDEWALKS AT THE PARK ENTRANCE. NAVD 88 ELEVATION=5388.09 8. BASIS OF BEARINGS: THE GPS DERIVED WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, OF THE 6TH PRINCIPAL MERIDIAN AS EVIDENCED BY THE SOUTH QUARTER CORNER OF SAID SECTION 23, BEING A FOUND 3.25"" BRASS CAP IN RANGE BOX, FROM WHENCE THE CENTER QUARTER CORNER OF SAID SECTION 23, BEING A FOUND 3.25" BRASS CAP IN RANGE BOX, BEARS NORTH 00010'11" WEST A DISTANCE OF 2645.02 FEET, WITH ALL BEARINGS HEREIN RELATIVE THERETO. PLANNING COMMISSION CERTIFICATION RECOMMENDED FOR APPROVAL THIS _-_ DAY OF COMMISSION. CHAIRPERSON SURVEYOR'S CERTIFICATE 20___ BY THE CITY OF WHEAT RIDGE. 20___ BY THE WHEAT RIDGE PLANNING I, JEFFREY J MACKENNA, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF MAKATURA OFFICE SUBDIVISION, FIRST FILING, WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT ACCURATELY REPRESENTS SAID SURVEY. JEFFREY J. MACKENNA P.L.S. # 34183 CLERK AND RECORDER'S CERTIFICATE ACCEPTED FOR RECORDING IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO THIS ___ DAY OF -----------, 20___. JEFFERSON COUNTY CLERK AND RECORDER BY: DEPUTY CLERK SHEET INDEX DESCRIPTION I SHEET NO. III 1 2 limonsm low 1IF1111mimiu misislom GENERAL NOTES CITY DATUM A. THE CURRENT CITY DATUM COORDINATE SYSTEM USED IS A GROUND-BASED MODIFIED FORM OF THE NAD83/92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502. B. VERTICAL DATUM USED IS THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88). C. GROUND TO GRID COMBINED SCALE FACTOR IS 0.99974780300, SCALED FROM BASE POINT PHAC 1 (PERMANENT HIGH ACCURACY CONTROL POINT #1) HAVING THE FOLLOWING NAD83/92 STATE PLANE COORDINATES: PHAC 1: NORTHING: 1701258.75, EASTING:3118217.58, ELEVATION: 5471.62. STATEMENT OF ACCURACY THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM THE NAD 83 HARN STATE PLANE COLORADO CENTRAL FIPS 0502 COORDINATE SYSTEM, AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.07 U.S. SURVEY FEET AT THE 95% CONFIDENCE LEVEL, AS DEFINED IN THE GEOSPATIAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE (FGDC-STD-007.2-1998). CITY CERTIFICATION APPROVED THIS ____ DAY OF ATTEST CITY CLERK MAYOR 1. TRACT A, CONTAINING 13,732 SQUARE FEET, OR 0.3152 ACRES OF LAND, MORE OR LESS, IS HEREBY COMMUNITY DEVELOPMENT DIRECTOR DEDICATED TO THE CITY OF WHEAT RIDGE AS A 52' PUBLIC RIGHT-OF-WAY. 2. ALL EXISTING EASEMENTS TO REMAIN ON THIS PLAT ARE IDENTIFIED AS "EASEMENT TO REMAIN" AND ARE DESCRIBED ON SHEET 2 OF THIS PLAT. 3. THE STORMWATER WATER QUALITY AREA SHOWN HEREIN AS A "STORMWATER DRAINAGE EASEMENT" SHALL BE MAINTAINED BY THE OWNERS, ANY SUBSEQUENT OWNERS, THEIR HEIRS, SUCCESSORS, AND ASSIGNS. IN THE EVENT THAT SUCH CONSTRUCTION AND MAINTENANCE IS NOT PERFORMED BY SAID OWNERS, THE CITY OF WHEAT RIDGE SHALL HAVE THE RIGHT TO ENTER SUCH AREA AND PERFORM NECESSARY WORK, THE COST OF WHICH SAID OWNER, HEIRS, SUCCESSORS, AND ASSIGNS AGREES TO PAY. NO BUILDING OR STRUCTURE SHALL BE CONSTRUCTED WITHIN THE STORMWATER DRAINAGE EASEMENT AND NO CHANGES OR ALTERATIONS AFFECTING THE HYDRAULIC CHARACTERISTICS OF SAID STORMWATER WATER QUALITY AREA SHALL BE MADE WITHOUT THE APPROVAL OF THE COMMUNITY DEVELOPMENT DIRECTOR. 4. THE OWNER, HIS SUCCESSORS AND ASSIGNS GRANTS LIMITED RIGHTS AND PRIVILEGES TO ACCESS AND TO FREE MOVEMENT THROUGH THOSE AREAS INDICATED AS "CROSS -ACCESS EASEMENTS", AS ILLUSTRATED UPON THIS PLAT. SUCH GRANT OF EASEMENT SHALL BE LIMITED TO THE OWNERS, TENANTS, CUSTOMERS, AND GUESTS OF THE OWNERS, AND SHALL FURTHERMORE GRANT ACCESS TO AND FREE MOVEMENT THROUGH SAID EASEMENTS TO THOSE ENTERING SAID EASEMENTS FROM SIMILARLY RECORDED EASEMENTS FROM ADJACENT PROPERTIES AND/OR FROM ABUTTING PUBLIC STREETS 5. PER COLORADO REVISED STATUES SEC. 38-51-106(L), ALL LINEAL UNITS DEPICTED ON THIS LAND SURVEY PLAT ARE U.S. SURVEY FEET. ONE METER EQUALS 39.37 DIVIDE BY 12 U.S. SURVEY FEET ACCORDING TO THE NATIONAL INSTITUTE OF STANDARDS AND MEASUREMENTS. 6. ZONING: SUBJECT PROPERTY ZONED MU -C (MIXED USE COMMERCIAL), PER CITY OF WHEAT RIDGE ZONING MAP ON NOVEMBER 07, 2019. NO ZONING REPORT OR LETTER WAS PROVIDED TO THE SURVEYOR BY THE CLIENT. 7. BENCHMARK: FOUND CITY OF WHEAT RIDGE 9/16" STEEL ROD BENCHMARK STAMPED "PHAC-3" LOCATED 150 FEET WEST OF THE INTERSECTION OF W 45TH AVE AND VANCE ST TO THE PARK ENTRANCE, APPROXIMATELY 20' SOUTHWEST OF THE INTERSECTION OF THE SIDEWALKS AT THE PARK ENTRANCE. NAVD 88 ELEVATION=5388.09 8. BASIS OF BEARINGS: THE GPS DERIVED WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, OF THE 6TH PRINCIPAL MERIDIAN AS EVIDENCED BY THE SOUTH QUARTER CORNER OF SAID SECTION 23, BEING A FOUND 3.25"" BRASS CAP IN RANGE BOX, FROM WHENCE THE CENTER QUARTER CORNER OF SAID SECTION 23, BEING A FOUND 3.25" BRASS CAP IN RANGE BOX, BEARS NORTH 00010'11" WEST A DISTANCE OF 2645.02 FEET, WITH ALL BEARINGS HEREIN RELATIVE THERETO. PLANNING COMMISSION CERTIFICATION RECOMMENDED FOR APPROVAL THIS _-_ DAY OF COMMISSION. CHAIRPERSON SURVEYOR'S CERTIFICATE 20___ BY THE CITY OF WHEAT RIDGE. 20___ BY THE WHEAT RIDGE PLANNING I, JEFFREY J MACKENNA, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF MAKATURA OFFICE SUBDIVISION, FIRST FILING, WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT ACCURATELY REPRESENTS SAID SURVEY. JEFFREY J. MACKENNA P.L.S. # 34183 CLERK AND RECORDER'S CERTIFICATE ACCEPTED FOR RECORDING IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO THIS ___ DAY OF -----------, 20___. JEFFERSON COUNTY CLERK AND RECORDER BY: DEPUTY CLERK SHEET INDEX DESCRIPTION I SHEET NO. COVER SHEET PLAN VIEW 1 2 CASE HISTORY WSP-21-01 WS -21-01 WZ-96-02 COVER SHEET MAKATURA OFFICE SUBDIVISION. FIRST FILING POINT OF COMMENCEMENT A REPLAT OF MAKATURA OFFICE FINAL DEVELOPMENT PLAN AND PLAT CENTER 1/4 CORNER SECTION 23 TOWNSHIP 3 SOUTH, RANGE 69 WEST SITUATED IN THE SOUTHEAST 1/4 OF SECTION 23, FOUND 3.25 BRASS CAP 0.90' BELOW GRADE IN RANGE BOX TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, "CITY OF WHEAT RIDGE LS 13212" (1984) COWR CONTROL PT. NO.: 14709 CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO N:708468.52 E:118435.38 LATITUDE= 39046'35.9" LONGITUDE= -105'04'53.2" - - - - L TIE LINE v S13°11'25"E------- 1356.55' ----- ------ POINT OF LOT 1 - - - FOUND NAIL & TAG TIME SQUARE SUBDIVISION - - - BEGINNING ILLEGIBLE" No.ZONING: MIXED USE COMMERCIAL (MU -C) \ NO.tx Eo.o4 N89041'04"E 352.12' UTILITY EASEMENT 226.12' 74'00' REC. NO. 82058104 / EASEMENT TO REMAIN - - - - 1- - N89'49'11 "E 58.51' ACCESS EASEMENT 8' UTILITY EASEMENT \ ACCESS EASEMENT O REC. # 82058104 BOOK 3001 PAGE 597 BOOK 3001 PAGE 597 o S89'49'11"W, 1 EASEMENT TO REMAIN EASEMENT TO REMAIN I 1_: 6.51' f STORMWATER DRAINAGE Io EASEMENT 0 L-_ �85.79' \ DEDICATED BY R=114.34' I o THIS PLATIt A I o Z w w 4=42°59'29" \ S89'49'11 "W ChB=N21°48'42"W 25.50' 3 o �Dlr I I ChL=83.80' 0 0 N IT M 0 589'49'11 "W � 0 LOT LINE HEREBY LZ- 26.50' J \ CREATED BY THIS PLAT M = N (yam � A PORTION OF LOT 1 \ No z O PARK VIEW NO. 1 SUBDIVISION o m ZONING: MIXED USE COMMERCIAL (MU -C) I \ 0 U)FOUND 2" ALLOY CAP N N Lu 0.40' BELOW GRADE \ (if 3. SURV LS 22097" W w rn I NO.11 X EO.05 \ - ¢w \ 0 Q L=123.22' Of 1 w = I R=85.00' LOT 4 A=83003'20" I z 8) u) CURRIER SUBDIVISION ChB=N01046'41"W Q w ZONING: MIXED USE COMMERCIAL (MU -C) ChL=112.71' I LOT 1 CURRIER SUBDIVISION ZONING: MIXED USE COMMERCIAL DEVELOPMENT AGREEMENT REC. NO. 79074203 i30' ACCESS EASEMENT REC. NO. 82058104 EASEMENT TO REMAIN I FOUND NAIL & TAG / "LS 22097" / NO.16 X EO.08 Ir-------- ---� 0=16'1 056" R=85.00' L=80.10' / L=24.18' R=115.00' ChB= N 23'55'08"E A=39°54'23" _ ChL=24.10' ChB=N19047'46"E WHEAT RIDGE WATER LINE EASEMENT ChL-78.49 REC. NO. F0263009 EASEMENT TO REMAIN \ 77 LOT 3, BLOCK 1 WHEAT RIDGE MARKETPLACE SUBDIVISION - ZONING: MIXED USE COMMERCIAL (MU -C) '4 CORNER SECTION 23 3 SOUTH, RANGE 69 WEST 25" BRASS CAP OW GRADE IN RANGE BOX WHEAT RIDGE LS 13212" (1984) VTROL PT. NO.: 15709 , .51' E: 118443.22' 39'46'09.7" _: -105'04 53.2 UNE N60 �8 LEGEND FOUND SECTION CORNER O FOUND MONUMENT O SET PIN & CAP P.L.S. 34183 (M) MEASURED (R) RECORDED GRAPHIC SCALE 20 0 10 20 40 ( IN US SURVEY FEET ) 1 inch - 20 ft. SECTION LINE PROPERTY BOUNDARY LOT BOUNDARY ADJACENT LOT BOUNDARY DEVELOPMENT AGREEMENT BOUNDARY EXISTING EASEMENT BOUNDARY PROPOSED DRAINAGE EASEMENT PROPOSED CROSS -ACCESS EASEMENT PROPOSED UTILITY EASEMENT PROPOSED WATER EASEMENT LOT LINE HEREBY CREATED BY THIS PLAT DEVELOPMENT AGREEMENT REC. NO. 79074203 22' WHEAT RIDGE WATER EASEMENT DEDICATED BY SEPARATE DOCUMENT AT REC. N0. - SEEDETAILA N89049'49"E 175.79' ---- 22' ACCESS EASEMENT o 0 DEDICATED BY THIS PLAT N o S89'49'49"W 185.63' 10' UTILITY EASEMENT REC. NO. F0245788 EASEMENT TO REMAIN N N 30' WHEAT RIDGE WATER EASEMENT DEDICATED BY SEPARATE DOCUMENT AT REC. N0. SEE DETAIL A -------------- N 89'49'11 "E 74.00' 26' ACCESS EASEMENT o DEDICATED BY THIS PLAT N 889'49'11 "W 74.00' ------- 152.00'1 I I I I TRACT A CONTAINING: 13,732 SQ. FT. OR 0.3152 AC. t HEREBY DEDICATED BY THIS PLAT AS RIGHT-OF-WAY z I.a wZow waoU QCO Ofow �zm I w I0Irw I �o LOT 1 74.00' N LOT 2 N HEREBY CREATED W BY THIS PLAT HEREBY CREATED W o BY THIS PLAT FOUND YELLOW PIN & CAP - CONTAINING: WHEAT RIDGE MARKETPLACE SUBDIVISION DEVELOPMENT AGREEMENT 52,532 SQ. FT. o CONTAINING: "LSSO. ILLEGIBLE" 50.31 X W0.30 OR 1.2060 AC. t 19,545 SQ. FT. o ZONING: MIXED USE COMMERCIAL (MU -C) OR 0.4487 AC. t DEVELOPMENT AGREEMENT REC. NO. 79074203 22' WHEAT RIDGE WATER EASEMENT DEDICATED BY SEPARATE DOCUMENT AT REC. N0. - SEEDETAILA N89049'49"E 175.79' ---- 22' ACCESS EASEMENT o 0 DEDICATED BY THIS PLAT N o S89'49'49"W 185.63' 10' UTILITY EASEMENT REC. NO. F0245788 EASEMENT TO REMAIN N N 30' WHEAT RIDGE WATER EASEMENT DEDICATED BY SEPARATE DOCUMENT AT REC. N0. SEE DETAIL A -------------- N 89'49'11 "E 74.00' 26' ACCESS EASEMENT o DEDICATED BY THIS PLAT N 889'49'11 "W 74.00' ------- 152.00'1 I I I I TRACT A CONTAINING: 13,732 SQ. FT. OR 0.3152 AC. t HEREBY DEDICATED BY THIS PLAT AS RIGHT-OF-WAY z I.a wZow waoU QCO Ofow �zm I w I0Irw I 80 DETAIL A SCALE: 1"=20' /,�w �r-------�----------------------------S89-43'3---- ------------ 0 of - `o f\L- -� 2 S89'38'07"W 22' WHEAT RIDGE WATER EASEMENT o 0 0 30.18' DEDICATED BY SEPARATE DOCUMENT N15'16'52"E / AT REC. N0. o N M 16.11'---------------------------------------N89'43'32"W 172.57'----------------------------�- 10' UTILITY EASEMENT - REC. NO. F0245788 \ EASEMENT TO REMAIN Lo 041 S89'43'32"E 74_00' _---- w 4-0 0o 30' WHEAT RIDGE WATER EASEMENT b' DEDICATED BY SEPARATE DOCUMENT voi AT REC. N0. ------- ______ ` ------------------------- - N89'43'32"W 74.00' in (O SOUTHWEST CORNER SOUTHEAST CORNER PROPOSED LOT 2 PROPOSED LOT 2 PLAN VIEW � M Z 1 Ld FM00^mdQ JaNLLI LL Z QLd LO N Zw N U �w� Q� Z = Z 0_ O N F M Z w 1 ow 00 M Qn J Qan Q JaF- C-4 LLI Z QIrO V) a-F-� CJ 2 w c3 QIrz = Z a O N 218.91' 74.00' 152.001 S89038'08"W 344.91' FOUND YELLOW PIN & CAP LOT 4, BLOCK 1 �� LOT 5, BLOCK 1 FOUND YELLOW PIN & CAP - 0.05' ABOVE GRADE WHEAT RIDGE MARKETPLACE SUBDIVISION DEVELOPMENT AGREEMENT WHEAT RIDGE MARKETPLACE SUBDIVISION AT GRADE "LSSO. ILLEGIBLE" 50.31 X W0.30 ZONING: MIXED USE COMMERCIAL (MU -C) REC. N0. 79074203 I ZONING: MIXED USE COMMERCIAL (MU -C) "uNN ENG O 31 X W14112" 9 80 DETAIL A SCALE: 1"=20' /,�w �r-------�----------------------------S89-43'3---- ------------ 0 of - `o f\L- -� 2 S89'38'07"W 22' WHEAT RIDGE WATER EASEMENT o 0 0 30.18' DEDICATED BY SEPARATE DOCUMENT N15'16'52"E / AT REC. N0. o N M 16.11'---------------------------------------N89'43'32"W 172.57'----------------------------�- 10' UTILITY EASEMENT - REC. NO. F0245788 \ EASEMENT TO REMAIN Lo 041 S89'43'32"E 74_00' _---- w 4-0 0o 30' WHEAT RIDGE WATER EASEMENT b' DEDICATED BY SEPARATE DOCUMENT voi AT REC. N0. ------- ______ ` ------------------------- - N89'43'32"W 74.00' in (O SOUTHWEST CORNER SOUTHEAST CORNER PROPOSED LOT 2 PROPOSED LOT 2 PLAN VIEW � M Z 1 Ld FM00^mdQ JaNLLI LL Z QLd LO N Zw N U �w� Q� Z = Z 0_ O N F M Z w 1 ow 00 M Qn J Qan Q JaF- C-4 LLI Z QIrO V) a-F-� CJ 2 w c3 QIrz = Z a O N This page was intentionally left blank. Planning Commission Case No. WS -21-01 /Makatura Replat EXHIBIT 4: STREET NETWORK Existing ROW is shown in dark red or pink. The proposed Vance Street ROW is indicated with an arrow. Selected access easements in the immediate area are shown in green ,.- r Future 43' Ave convection to alley 6nbject bite proposed Vance Street ROW Vance St CAM StS t0 reet at 38a Ave Planning Commission 10 Case ob. W 21-01 /Makatura Replat ♦6A4 City of "�/, WheatR,,�ge -/COMMUNITY DEVELOPMENT PLANNING COMMISSION FLOODPLAIN REGULATIONS STAFF REPORT MEETING DATE: June 17, 2021 TITLE: A CODE AMENDMENT MODIFYING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE FLOODPLAIN REGULATIONS CASE NO. ZOA-21-01 ® PUBLIC HEARING Case Manager: Mark Westberg Date of Preparation: June 9, 2021 ® CODE CHANGE ORDINANCE SUMMARY: Mile High Flood District (MIIFD) is a valuable stormwater and floodplain management resource to not just the City but to the entire Denver Metro area. Their goal is to create innovative solutions that address stormwater and watershed holistically in order to protect people, property, and the environment through preservation, mitigation, and education. MHFD provides assistance, guidance, and regulations for the Denver Metro area. The Mayor is the City's representative on the MHFD Board of Directors. MHFD regulations specifically prohibit tents and makeshift structures in the floodplain due to numerous public safety issues. Although camping has been prohibited within City parks since 2004, staff now is requesting to revise the City's floodplain regulations in Chapter 26 to also specifically prohibit tents and makeshift structures in the City's floodplains. In addition, staff is seeking to improve the approval process for Class 11 Floodplain Permits and the appeal process of Floodplain Manager's decisions. Among the changes, staff is proposing to remove the Board of Adjustment (BOA) as the review and approval body for floodplain permits and to add the Building Code Advisory Board (BCAB) as the body to hear appeals. On May 17, 2021, staff discussed the proposed changes with Council in study session and received direction to proceed with preparing revisions to amend the floodplain regulations to prohibit tents and makeshift structures, simplify the approval process for Class 11 Floodplain Permits, and change the variance and appeal process for all floodplain permits. Notice for this public hearing was provided as required by the Wheat Ridge Code of Laws ("Code"). BACKGROUND: Camping in the City's Floodplain Section 17-33 of the City Code states that "It shall be unlawful to camp overnight, or to park any vehicle, trailer or camper for overnight camping purposes." However, this prohibition only applies to City parks. While much of the floodplain in Wheat Ridge is within City -owned property, almost half is not, including several areas that are within the right-of-way for Interstate 70 that are popular and hazardous locations for camping. In October 2019, the MHFD Board passed a resolution expressly prohibiting tents and makeshift structures within the floodplain. MHFD's enabling statutes state, "In the event of any conflict between this floodplain regulation and any floodplain regulation adopted by any other public body within MHFD, the more restrictive regulation shall control." This means that the MHFD's October 2019 camping ban is the controlling regulation. While staff can and should enforce the more stringent MHFD regulations, having the regulations in the City Code allows more direct enforcement by staff. These floodplain regulation changes were made for the sole purpose of public safety. The dangers of allowing tents and other makeshift structures for human habitation within floodplains are as follows: 1. Individuals living in these structures put themselves at grave risk of serious injury and death by drowning during flooding. On July 21, 2019, a 38 -year-old woman drowned in North Dry Gulch during a high-water event. Her body was found the next morning in an area that was 10 feet underwater during the event. 2. Swift -water rescues of inhabitants of these makeshift structures during times of flood puts the lives of first responders at risk. 3. The building materials and furnishings of tents and makeshift structures within floodplains add to the debris load of the flood, potentially clogging bridge and culvert openings, thereby endangering the rest of the community. 4. The byproducts of human habitation of these structures (feces and trash) pollute the floodwaters with fecal bacteria and other hazardous substances, endangering the rest of the community. This change is reflected in the ordinance by amending Article VIII (Floodplain Control) within Chapter 26. Class Il Floodplain Permits Class II permits are for construction of new habitable structures or new dwelling units. Currently the floodplain regulations in Article VIII of Chapter 26 require that the BOA provide the final approval for Class II Floodplain Permits. When a structure is proposed in the floodplain, staff ensures that all technical issues have been resolved and code requirements have been met either during or as part of the building permit review process. Only after a request meets all applicable regulations is a BOA public hearing scheduled. Therefore, having the BOA conduct a public hearing adds an additional, seemingly unwarranted layer, to the process. The BOA does not have any technical training in floodplain regulations and does not provide any additional substantive review to the process. In addition, since the BOA only meets once a month, an additional month is often added to the approval process for Class II permits due to the code requirement for the public hearing. The BOA typically hears cases that involve wide discretion, such as variances to the City's regulations due to some kind of hardship alleged on the part of the applicant. Any variance from the floodplain regulations is not allowed without going through a lengthy state and federal review process. This difficult process is intentional due to the fact that variances to floodplain regulations inevitably put life and property at risk of flooding. ZOA-21-01 / Floodplain Regulations Therefore, approval of Class II floodplain permits should be a ministerial (not discretionary) based on compliance with local, state, and federal floodplain regulations. Staff is recommending that the Floodplain Administrator, who holds a certification issued by the American Society of Floodplain Managers, be the final approval authority for Class II permits. This is the current approval process for Class I floodplain permits (required for non -habitable structures and fences in the floodplain). State and federal staff have confirmed that staff level review and approval is sufficient; in fact, that they did not know of other jurisdictions that require some kind of board approval or public hearing. This change is reflected in the ordinance by amending various sections of Chapter 2 and 26 of the City Code. The amendments to Chapter 2 are not within the jurisdiction of the Planning Commission, but the supporting changes in Chapter 26 are subject to the Commission's review and recommendation. Appeals & Variances Due to the very technical nature of the review of any potential appeals to the Floodplain Administrator's decisions on floodplain permits, the current appeal process is revised to refer appeals to the BCAB instead of the BOA. This would then be consistent with the appeals process for decisions made by the Chief Building Official related to the building code. This change is made by amendments to Chapters 2 and 26. Lastly, the floodplain variance procedures are being amended in subsection 26-808.D of the City's floodplain regulations. The current procedure is not in compliance with the state floodplain variance process and is required to be amended for consistency with the state. Recommendation and Next Steps As noted above, City Council discussed the revisions to the floodplain regulations and review procedures in study session on May 17, 2021 and reached consensus to move an ordinance forward as presented in this staff report. The Planning Commission's recommendations on the Chapter 26 portion of the ordinance will be forwarded to City Council after the June 17 public hearing. The ordinance has been scheduled for first reading on June 28, 2021 and public hearing at City Council on July 12. RECOMMENDED MOTION: "I move to recommend approval of a code amendment modifying Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of floodplains." Exhibit: 1. Ordinance to amend Chapter 26 Floodplain Regulations ZOA-21-01 / Floodplain Regulations 3 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2021 TITLE: AN ORDINANCE AMENDING CHAPTERS 2 AND 26 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE TO PROHIBIT TENTS AND MAKESHIFT STRUCTURES WITHIN THE FLOODPLAIN AND TO AMEND THE FLOODPLAIN PERMITTING AND VARIANCE PROCESSES WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political subdivision of the State of Colorado organized and existing as a home rule municipality pursuant to Article XX of the Colorado Constitution and the home rule charter for the City (the "Charter"); and WHEREAS, pursuant to section 1.3 of the Charter, the City has all the power of local self-government and home rule and all the power possible for a municipality to have under the Constitution and laws of the State of Colorado; and WHEREAS, under this home rule authority and C.R.S. § 31-23-301, the City has the authority to establish, regulate, restrict, and limit uses on or along any storm or floodwater runoff channel or basin, as such storm or floodwater runoff channel or basin has been designated and approved by the Colorado water conservation board, in order to lessen or avoid the hazards to persons and damage to property resulting from the accumulation of storm or floodwaters; and WHEREAS, pursuant to this authority, the Wheat Ridge City Council ("City Council") previously adopted floodplain control regulations, codified as Article VIII of Chapter 26 of the Wheat Ridge Code of Laws; and WHEREAS, the City Council finds that the location of tents and similar moveable makeshift structures used for human occupancy within the floodplain presents a serious threat to the life, safety and well-being of both the inhabitants of the temporary structures and others; and WHEREAS, such threats include the risk of death and injury from drowning, such as the drowning death of a 38 -year-old woman during a high water event in North Dry Gulch in Lakewood on July 21, 2019; the risk to first responders presented by swift -water rescues of inhabitants of makeshift structures during times of flood; the contribution of debris and materials from makeshift structures to the flood load, potentially clogging bridge and culvert openings; and the byproducts of human habitation, such as trash and feces, polluting the floodwaters, endangering the public at large; and WHEREAS, the City Council further finds that floodplain permits are best reviewed and decided by someone with experience and training in flood control rules, methods and technical issues, such as the City Floodplain Administrator, with a level of review and appeal to the Building Code Advisory Board, the City board most familiar with technical building code interpretation and application; and WHEREAS, the City Council therefore desires to amend the City flood control regulations to prohibit tents and makeshift structures within the floodplain, to authorize the Floodplain Administrator to issue floodplain permits and to authorize the Building Code Advisory Board to hear and decide appeals and variances concerning flood control, all in furtherance of the public health, safety and welfare. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The first sentence of Subsection 2-53(d) of the Code of Laws, concerning the Board of Adjustment voting rules, is hereby amended as follows: (d) Notwithstanding any other provision in this section, the following voting rules shall be in effect for all matters requiring decision by the board of adjustment to grant any variance, waiver, temporary building or use permit, OR any interpretation (or for any matter requiring decision by the planning commission or the city council under Section 26-6(D) of the Zoning Ordinance of the city): Section 2.Section 2-59 of the Code of Laws, concerning the City Building Code Advisory Board, is hereby amended by the addition of the following new subsection (h), to read in its entirety: (H) THE BUILDING CODE ADVISORY BOARD SHALL HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM DECISIONS OF THE FLOODPLAIN ADMINISTRATOR AND VARIANCE APPLICATIONS UNDER ARTICLE VIII OF CHAPTER 26 OF THIS CODE. Section 3. Subsection 2-61(a) of the Code of Laws, concerning the Board of Adjustment, is hereby amended as follows: (a) The board of adjustment shall have the authority to hear and decide requests for variances and waivers of the city zoning ordinance, fleedplaiR ^FdoRa^^^, and sign code, and for interpretation of those ordinances and codes and the subdivision regulations, subject to those guidelines set forth in the Zoning Ordinance, section 26.D., and as approved by the city council in the form of official rules and regulations for the board of adjustment. 2 Section 4. Section 26-106 of the Code of Laws, concerning the review process chart, is hereby amended in the second to last row as follows: Approval Requested Pre-ApDlicafion Final Notes Staff Neighborhood Staff PCCC BOA URPC Floodplain 4X Permit — Class I I Section 5. Section 26-802 of the Code of Laws, concerning definitions related to the Floodplain Regulations, is hereby amended by the addition of the following new definition: SCAB. THE WHEAT RIDGE BUILDING CODE ADVISORY BOARD, AS ESTABLISHED AND DEFINED BY SECTION 2-59 OF THIS CODE. Section 6. Subsection 26-805.B.2. of the Code of Laws, concerning permitted uses within the Floodway, is hereby amended as follows: Sec. 26-805. - Floodway regulations. B. Permitted uses. The following open uses shall be permitted within the floodway to the extent that they are not prohibited in a particular area by any underlying zoning and do not include any structures, filling or deposition of materials, and do not cause any increase in the base flood elevation of the floodway. 2. Public and private recreational uses not requiring permanent or temporary structures such as parks, swimming areas, picnic grounds, wildlife and nature preserves, and fishing and hiking areas, EXPRESSLY EXCLUDING ANY USE INVOLVING TENTS OR MAKESHIFT STRUCTURES USED FOR HUMAN HABITATION. Section 7. Subsection 26-805.D.2. of the Code of Laws, concerning prohibited uses within the Floodway, is hereby amended as follows: D. Prohibited uses. PROHIBITED2. ALL USES • 0 Section 8. Subsection 26-806.0 of the Code of Laws, concerning prohibited uses within the Special Flood Hazard Area, is hereby amended as follows: 3 Sec. 26-806. - Special flood hazard area regulations. C. Prohibited uses. 1. H -hazardous materials. The storage or processing of materials that are buoyant, flammable, or explosive, or any hazardous liquid or soluble matter which in times of flooding could be injurious to human, animal, or plant life shall be prohibited within the SFHA. 2. TENTS AND MAKESHIFT STRUCTURES. TENTS AND MAKESHIFT STRUCTURES, ENCLOSURES OR OTHER SHELTERS USED FOR HUMAN HABITATION ARE PROHIBITED WITHIN THE SFHA, EXCEPT IN LOCATIONS EXPRESSLY PERMITTED BY THE FLOODPLAIN ADMINISTRATOR AND HAVING ADEQUATE SANITATION FACILITIES AND FLOOD EVACUATION PLANS. Section 9. Section 26-808 of the Code of Laws, concerning the administration of the City's Floodplain Control regulations, is hereby amended as follows: Sec. 26-808. - Administration. A. Floodplain administrator. The community development director of the City of Wheat Ridge or designee shall be the floodplain administrator. The duties of the administrator shall include. but not be limited to: 1. Coordination between departments and divisions: a. Coordinate the application, permit, review, appeal, certification, and enforcement processes between the office of the floodplain administrator and other departments and divisions as appropriate to ensure compliance with these regulations and an efficient use of staff. b. All applications and certifications shall be submitted to the community development department from which further routing to other departments and divisions and utility companies shall occur. 0 2. Developmentpermitreview: a. Review all development permits, which include building permits, to determine whether a property is within the SFHA and that the applicable requirements of these regulations have been satisfied. b. Review all development permits to determine that all necessary permits have been obtained from federal, state, or local governmental agencies from which prior approval is required. 3. Information to be obtained and maintained. a. Obtain certification from applicant's engineer and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures. b. Maintain for public inspection all records pertaining to the provisions of these regulations. C. All records required by these regulations shall be maintained with the associated development permits in the community development department. 4. Use of other base flood data. When base flood elevation data has not been provided by the applicant or his representative, the floodplain administrator may obtain, review, and reasonably utilize any base flood and floodway elevation data available from federal, state, or other sources as criteria for requiring that new construction, substantial improvements, or other development in the SFHA in order to administer subsections 26-806C.. D. and F. 5. Alteration or relocation of watercourses a. No alteration or relocation of a watercourse shall occur without the approval of the floodplain administrator. Consideration of gravel extraction operations shall be in accordance with state law (C.R.S. § 3-4-1-301). 5 b. Upon receiving approval, the applicant shall notify adjacent communities and the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse and submit evidence of such notification to FEMA. The applicant shall provide all data required by FEMA for a letter of map revision. C. The carrying capacity of an altered or relocated watercourse shall be maintained. 6. Interpretation of digital flood insurance rate map (DFIRM) boundaries. The floodplain administrator shall make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection B.. below. B. Mapping disputes. The following procedure shall be used by the floodplain administrator in deciding contested cases in which the location of a district boundary is disputed: 1. In all cases, the person contesting the location of the district boundary shall be given a reasonable opportunity to submit his own technical evidence if he so desires. The floodplain administrator shall not allow deviations from the boundary line as mapped. If the evidence clearly and conclusively establishes that the mapped location of the line is incorrect, a FEMA letter of map revision must be completed by the applicant prior to the issuance of a development permit. 2. The administrator shall render a written opinion within thirty (30) days following receipt of the applicant's technical evidence setting forth the findings of fact and the reasons for the decision. 3. Applicants shall have the right to appeal such decisions to the BCAB beaFEI ef adjustFnent. Application for appeal must be made within thirty (30) days. C. Floodplain permits: 9 1. Application. There shall be two (2) types of floodplain permits: Class I and Class II. The approval of either floodplain permit does not substitute for any other permit that may be required by city ordinance, such as building permits. 2. Floodplain permit—Class 1. Any use enumerated in this paragraph may be permitted only upon the issuance of a Class I floodplain permit by the floodplain administrator and in compliance with section 26-806.D. a. Structures for non -human occupancy. Fences, sheds, signs, and accessory buildings may be permitted only upon a finding that the structures do not create a negative impact on the base flood elevation or flow velocity. b. PERMANENT Structures for human occupancy. Improvements to existing structures may be permitted only upon a finding that the improvements proposed are not substantial improvements, as defined in section 26-802. TEMPORARY STRUCTURES FOR HUMAN OCCUPANCY, SUCH AS TENTS OR MAKESHIFT STRUCTURES ARE NOT PERMITTED WITHIN THE SFHA, EXCEPT IN LOCATIONS EXPRESSLY PERMITTED BY THE FLOODPLAIN ADMINISTRATOR AND HAVING ADEQUATE SANITATION FACILITIES AND FLOOD EVACUATION PLANS. c. Fill or deposition of material. Fills or deposition of materials may be permitted only upon a finding that the proposed plan will comply with section 26-806.D. 3. Floodplain permit—Class A Any use enumerated in this paragraph may be permitted only upon the issuance of a Class II floodplain permit by the FLOODPLAIN ADMINISTRATOR and in compliance with section 26-806.D. AND SECTION 26-808.C.4. a. PERMANENT Structures for human occupancy. New construction or substantial improvement of any residential, commercial, industrial, or other nonresidential structure may be permitted only upon a certification by a registered professional engineer to the floodplain administrator that the lowest floor, including basement, is elevated to one (1) foot or more above the base flood elevation. TEMPORARY STRUCTURES FOR HUMAN OCCUPANCY, SUCH AS TENTS OR MAKESHIFT STRUCTURES ARE NOT PERMITTED 7 WITHIN THE SFHA, EXCEPT IN LOCATIONS EXPRESSLY PERMITTED BY THE FLOODPLAIN ADMINISTRATOR AND HAVING ADEQUATE SANITATION FACILITIES AND FLOOD EVACUATION PLANS. b. Manufactured homes. New manufactured home parks and manufactured home subdivisions, expansions of existing manufactured home parks and manufactured home subdivisions, and existing manufactured home parks and manufactured home subdivisions where the repair, reconstruction or improvement of the street utilities exceeds fifty (50) percent of the fair market value of the streets, utilities, and pads before the repair, reconstruction, or improvement has commenced, and for manufactured homes not placed in a manufactured home park or manufactured home subdivision, may be permitted only upon a certification by a registered professional engineer to the floodplain administrator that: (1) All manufactured homes or those to be substantially improved shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one (1) foot or more above the base flood elevation and is securely anchored to an adequately anchored foundation system. Manufactured homes shall be anchored in accordance with subsection D.12. of section 26-806; and (2) Adequate surface drainage and access for a hauler will be provided. 4. CLASS H FLOODPLAIN PERMIT REV/EW CR/TER/A: THE FLOODPLAIN ADMINISTRATOR SHALL BASE THE DECISION TO APPROVE, CONDITIONALLY APPROVE OR DENY AN APPLICATION FOR A CLASS II FLOODPLAIN PERMIT BASED UPON THE FOLLOWING FACTORS: A. THE DANGER THAT MATERIALS MAY BE SWEPT INTO OTHER LANDS TO THE INJURY OF OTHERS; B. THE DANGER TO LIFE AND PROPERTY DUE TO FLOODING OR EROSION DAMAGE; 9 C. THE SUSCEPTIBILITY OF THE PROPOSED FACILITY AND ITS CONTENTS TO FLOOD DAMAGE AND THE EFFECT OF SUCH DAMAGE ON THE INDIVIDUAL OWNER; D. THE IMPORTANCE OF THE SERVICES PROVIDED BY THE PROPOSED FACILITY TO THE COMMUNITY; E. THE NECESSITY TO THE FACILITY OF A WATERFRONT LOCATION, WHERE APPLICABLE; F. THE AVAILABILITY OF ALTERNATIVE LOCATIONS FOR THE PROPOSED USE WHICH ARE NOT SUBJECT TO FLOODING OR EROSION DAMAGE; G. THE COMPATIBILITY OF THE PROPOSED USE WITH THE EXISTING AND ANTICIPATED DEVELOPMENT; H. THE RELATIONSHIP OF THE PROPOSED USE TO THE COMPREHENSIVE DEVELOPMENT PLAN AND FLOODPLAIN MANAGEMENT PROGRAM FOR THE AREA; I. THE SAFETY OF ACCESS TO THE PROPERTY DURING TIMES OF FLOOD FOR ORDINARY AND EMERGENCY VEHICLES; J. THE EXPECTED HEIGHTS, VELOCITY, DURATION, RATE OF RISE, AND SEDIMENT TRANSPORT OF THE FLOODWATERS EXPECTED AT THE SITE; K. THE COSTS OF PROVIDING GOVERNMENTAL SERVICES DURING AND AFTER FLOOD CONDITIONS, INCLUDING MAINTENANCE AND REPAIR OF PUBLIC UTILITIES AND FACILITIES, SUCH AS SEWER, GAS, ELECTRICAL, AND WATER SYSTEMS, STREETS, AND BRIDGES; AND L. COMPLIANCE WITH APPLICABLE STATE AND FEDERAL FLOODPLAIN REGULATIONS. 5. Submittal requirements. The applicant for a floodplain permit shall provide the following information as a part of the application, unless waived by the administrator: a. Completed application form and required application fee. b. A plan certified by a registered engineer, competent in open -channel hydraulics, which accurately locates the 9 applicant's property with respect to the SFHA limits, channel of stream, existing developments, together with all pertinent information such as: the nature of the proposal; legal description of the property; fill limits and elevations; building's lowest floor elevations in relation to the datum used on the FEMA map and study; floodproofing measures and elevation in relation to mean sea level to which any structure has been floodproofed; a report covering the effects of equal degree of encroachment of other nearby properties of the SFHA; and a description to the extent to which any watercourse will be altered or relocated as a result of the proposed development. c. In addition, all subdivision proposals and other proposed new developments which are located in any SFHA shall include within such proposals base flood elevations. d. As much of the following additional information as is deemed necessary by the floodplain administrator for the evaluation of the effects of the proposal upon flood flows and the floodplain and to render a decision on the floodplain permit: (1) A typical cross-section showing the channel of the stream, the floodplain adjoining each side of the channel, cross-sectional area to be occupied by the proposed development, and high-water information. (2) Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill, or storage elevations; size, location, and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types; and other pertinent information. (3) Profile showing the slope of the 100 -year flood and the bottom of the channel or thalweg of the stream. (4) Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities. (5) Hydraulic calculations for all proposed channelization. 10 e. The applicant for a building permit for work within a special flood hazard area shall include as a part of its application a lot survey that illustrates all applicable floodplain boundaries, including the floodway, if present. �13 6. Factors upon which the decision shall be based. The determination of the floodplain administrator e- the went on each floodplain permit shall be based on the effects of the proposed project with respect to the objectives and purpose of these regulations as stated in section 26-801. & 7. Conditions attached to floodplain permits. Upon consideration of the factors listed above and purposes of these regulations, the floodplain administrator fie# went may attach such conditions as deemed necessary in furthering the purposes of these regulations. A copy of these conditions shall be presented to the applicant and a copy of these conditions shall be transmitted to the chief building official, which shall be kept on file. Such conditions may include specifications for, without limitation because of specific enumeration, modification of sewage disposal and water supply facilities, modification of other waste disposal methods and facilities, landscaping periods of operation, operational controls, sureties, deed restrictions, and adequate floodproofing. a. Floodproofing: Floodplain permits requiring floodproofing measures such as the following shall be designed consistent with the flood protection elevation for the particular area and flood velocities, forces, and other factors associated with the flood protection elevation. The floodplain administrator shall require that the applicant submit a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the flood protection elevation for the particular area. Floodproofing measures may include the following: (1) Anchorage to resist flotation and lateral movement. (2) Installation of watertight doors, bulkheads, and shutters. 11 (3) Reinforcement of walls to resist water pressures. (4) Use of paints, membranes, or mortars to reduce seepage of water through walls. (5) Addition of mass or weight to structures to resist flotation. (6) Installation of pumps to lower water levels in structures. (7) Construction of water supply and waste treatment systems to prevent the entrance of floodwaters. (8) Pumping facilities for subsurface drainage systems for buildings to relieve external foundation wall and basement floor pressures. (9) Construction to resist rupture or collapse caused by water pressure or floating debris. (10) Cutoff valves on sewer lines or the elimination of gravity flow basement drains. Furthermore, measures must be taken to ensure that the construction does not in any way cause the 100 -year flood to become more damaging to other residents within the SFHA. -7 8.G6-Fus—:fFioodpiain permits; timeliness of decision. The floodplain administrator shall render a written decision granting or denying EACH t#e floodplain permit application. If a denial is made, the decision shall set forth the floodplain administrator's findings of fact and reasons for the denial. Applicants shall have the right to appeal anyaFJ;,PF,;e decision OR CONDITION to the BCAB beaFEI ef adjustFnent. Such appeal must be filed with the BCAB beaFd ef adjustment within thirty (30) days from the date of the floodplain administrator's decision. D. Review by the BCAB 1. The BCAB shall hear and decide appeals of Glass I floodplain permits which have been denied or conditionally approved by the 12 ef these Fegulatiens Any decision in favor of the applicant shall be .. 4 2. In passing upon ANY APPEAL OR VARIANCE APPLICATION such applieatieF , the BCAB shall consider all technical evaluation, all relevant factors, standards specified in other sections of these regulations, and= REFERRAL AND REVIEW COMMENTS RECEIVED FROM THE COLORADO WATER CONSERVATION BOARD (CWCB) AND THE FEDERAL INSURANCE ADMINISTRATOR, WITHIN THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), CONCERNING COMPLIANCE WITH STATE AND FEDERAL REQUIREMENTS. 13 P— The + I I +.. Of the ...J faGiIi+.. ...J its . ..+....+.. +.. ewneF; iF.......+........ I.... The Fl. e Of the Serv=rcc.. 418d the ..Seel f The I......+i...... F... Of ..I+.......+i.... the ...J 13 �5 3. Upon consideration of the factors, STANDARDS AND REFERRAL COMMENTS AS SET FORTH IN of subsection DA., above, the BCAB beaFd ef adjustment shall affirm or reverse, in whole or in part, the decision of the floodplain administrator and may attach such conditions to the granting of A VARIANCE TO THE floodplain permits OF as it deems necessary to further the purposes of these regulations. & 4. The floodplain administrator shall maintain the records of all appeal actions, including technical information, and report any variance to THE CWCB AND FEMA; blpeR Fequest. E. Conditions for Class / floodplain permit variances. 1. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places, upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. 2. Variances shall not be issued within any designated floodway. 3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 14 WN - - �5 3. Upon consideration of the factors, STANDARDS AND REFERRAL COMMENTS AS SET FORTH IN of subsection DA., above, the BCAB beaFd ef adjustment shall affirm or reverse, in whole or in part, the decision of the floodplain administrator and may attach such conditions to the granting of A VARIANCE TO THE floodplain permits OF as it deems necessary to further the purposes of these regulations. & 4. The floodplain administrator shall maintain the records of all appeal actions, including technical information, and report any variance to THE CWCB AND FEMA; blpeR Fequest. E. Conditions for Class / floodplain permit variances. 1. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places, upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. 2. Variances shall not be issued within any designated floodway. 3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 14 4. Variances shall only be issued upon: a. A showing of good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, or create nuisances, cause fraud on, or victimization of the public as identified in section 26-801(c), or conflict with existing local laws or ordinances. F. Staking at construction sites. The owner of any property located in whole or in part within the special flood hazard area upon which construction is occurring shall locate, or cause to be located, stakes that mark the boundaries of the floodplain, including the floodway, if present. G. Notice to tenants. The owner of any property located in whole or in part within the special flood hazard area that is made available for rent, lease or any other form of tenant occupancy shall disclose to each potential tenant the existence and boundaries of the floodplain on the property. At a minimum, such disclosure must be included in the lease, rental agreement or other written instrument. Section 10. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 11. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 12. Effective Date. This Ordinance shall take effect upon adoption and signature by the Mayor and City Clerk, as permitted by Section 5.11 of the Charter. 15 INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2021, 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 , 2021, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2021. SIGNED by the Mayor on this day of 2021 ATTEST: Stephen Kirkpatrick, City Clerk First Publication: Second Publication: _ Wheat Ridge Transcript: Effective Date: 16 Bud Starker, Mayor Approved As To Form Gerald E. Dahl, City Attorney