HomeMy WebLinkAboutStudy Session Packet 05-07-12STUDY SESSION AGENDA
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 W. 29th Ave.
Wheat Ridge CO
May 7, 2012
6:30p.m.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the
City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one
week in advance of a meeting if you are interested in participating and need inclusion assistance.
PUBLIC COMMENT ON AGENDA ITEMS
APPROVAL OF AGENDA
.L Sam Mamet, Colorado Municipal League Update
2. Elected Officials' Reports(s)
~ Staff Reports(s)
a. Public Improvement Policies
b. 2012 Jag Grant
c. Proposed RTD West Corridor Service Plan
4. Discussion of State Liquor Laws
5. King Soopers Business Development Zone and ESTIP Agreement
.... ~4~ ... .-City of .. rct:Wheat&_dge ~OMMUNJlY DEVELOPMENT
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Memorandum
Mayor and City Council ~
Patrick Goff, City ManageJJ}
Ken Johnstone, Community Development Director
Sarah Showalter, Planner II
Lauren Mikulak, Planner I
April 20, 2012 (For May 7 Study Session)
Public Improvements
;fferYI 3 a.. •
Public improvements are improvements or facilities that provide transportation, drainage, utility,
or similar services which benefit the public. Public improvements can include drainage or
detention facilities, street pavement, curbs, gutters, sidewalk, landscaping, pedestrian amenity
zones, street lighting, the relocation or undergrounding of utilities, and roadway construction.
Certain types of building pennits and land use applications can require the installation or
construction of public improvements. There are several sections within the City code and in
supporting documents that address when public improvements are required; they include the
following:
Section 5-45 (Public improvements required) establishes that all building permit
applications are subject to review for public improvements. This code section was recently
amended in October 2011 (per Ordinance No. 1503). The scope of a project and the property
location now determine what-if any-type of public improvement is required with
development. Section 5-45 also establishes criteria for determining if improvements should
be installed, waived, or whether a fee is paid in lieu of installation.
Section 26-412 (Required subdivision improvements) requires that public improvements
(including for transportation, drainage, and utilities) be provided for all subdivision
applications. Section 26-412 does not distinguish between different types of subdivisions,
nor does it explicitly exclude any type of plat from these requirements, such as a
consolidation or lot line adjustment plat.
The Streetscape Design Manual is a supplementary document authorized by section 26-224
(Design manuals) that includes design standards for the sidewalks and amenity zones on
certain corridors of the City. If it is determined that public improvements are required for a
certain type of development application, then the design standards of the Streets cape Design
Manual may apply based on the scope of a project and the location of the property.
Study Session Public Improvements Memo
May 7, 2012
Page 2
The attached handouts are intended to provide an easy-to-understand summary of the above
regulations so that it is clear what public improvements would be required for a particular
project. Staff developed the attached handouts not only to clarify the triggers for public
improvements, but also to ensure consistent enforcement of the standards. These handouts are
primarily intended for internal use, but will be utilized to demonstrate to applicants why a public
improvement is (or is not) required. If an applicant is submitting land use and building permit
applications, these flowcharts help to illustrate which application is the basis for the required
improvements.
For the purpose of assessing the effectiveness of the attached handouts, the Mayor and Council
are invited to consider the following examples of how the public improvement triggers would
apply to different scenarios.
Example 1: A building pennit was requested for a new single-family home on an existing lot
and street at 2950 Upham Street. The street is classified as a local street and is not a designated
bicycle or pedestrian route. There is no existing sidewalk on either side of the street on that
block. No new sidewalk, curb, or gutter is required since there is none to connect to on the
existing street.
Example 2: Thunderbird Motors has proposed several redevelopment scenarios for their
property at Independence and W. 44th A venue.
Scenario A: Convert existing building to restaurant
The "Public Improvements & Building Pem1its" handout indicates that an interior remodel
alone will not result in required curb, gutter, or sidewalk installation. Therefore the existing
building can be converted to a restaurant with no public improvements required.
Scenario B: Consolidate the property through a consolidation plat
The "Public Improvements & Land Use Applications" handout indicates that a consolidation
plat does not trigger any required public improvements for this site. Although the code does
not differentiate between types of subdivisions that trigger public improvements, staff has
determined that it is appropriate to differentiate between plats that do not create new
development lots (and thus do not require public improvements) from those that do.
Scenario C: Construct a new building
The subject property is a comer lot; W. 44th Avenue is classified as an arterial and
Independence Street is identified in the Bicycle and Pedestrian Master Plan as a bike/ped
route. The "Public Improvements & Building Pennits" handout indicates that new
development on these types of corridors can result in required public improvements,
including installation of a sidewalk. The design standards of the Streets cape Design Manual
(SDM) would afply only to theW. 44th Avenue frontage-not to Independence Street-
because W. 441 Avenue is an arterial and priority corridor in the SDM. Thus redevelopment
of the property with new buildings, or an expansion of existing buildings by 50% or more,
would trigger the new sidewalk and amenity zone along 441h Avenue.
Study Session Public Improvements Memo
May 7, 2012
Page 3
Example 3: Minor Subdivision at the comer ofPierce and 281h Avenue
A subdivision creating one new developable lot (but no new streets) triggers a minimum six-foot
sidewalk and six-foot amenity zone along Pierce since this street is a collector and it is a
designated bicycle-pedestrian route in the City's master plan. No new sidewalk is required on
281h A venue since it is not a collector or arterial and it is not a designated bicycle-pedestrian
route.
Attachments:
1. Public Improvements and Building Permits Flow-Chart
2. Public Improvements and Land Use Applications Flow-Chart
3. Ordinance 1503 (with new language for Section 5-45 and Chapter 26 on public
improvements)
Public Improvements & Building Permits
Section 5-45 of the Municipal Code authorizes the
Director of Public Works to determine whether proposed
construction will require the installation or construction of
public improvements. Public improvements can include-
but are not limited to-drainage, pavement, curb, gutter,
sidewalk, amenity zone, relocation or undergrouncling of
utilities, street lighting, or road construction.
The Streetscape Design Manual is a supplementary document
which includes design standards for the sidewalks and
amenity zones on certain corridors in the City.
This flowchart is intended to help identify the scenarios in
START HERE: What is the project?
which curb, gutter or sidewalk may be required as part of
public improvements. It also identifies when the design
standards of the Streetscape Design Manual are applicable.
Please note that this chart does not provide a final or
comprehensive determination regarding what public
improvements may be required for a specific project. If a
building permit is associated with a separate land use action,
required public improvements may be based on triggers
separate from those included in the flowchart.
If it is determined that public improvements are required,
please also refer to page two of this handout.
Sidewalk Amemty Zone
Sampl< strut strtlon with common public imp"""""'""·
inchlding sidewalk and amtnity zon..
Is the permit for an interior remodel ~ No curb, gutter, or sidewalk of an existing building (no change in
square footage)? will be required. •
+No
Is the proposed construction ~ Is the permit for an addition that will ~ located on an arterial, collector, or ~ increase the floor area up to 50%? on a bicycle or pedestrian route?
Sidewalks may be required as part of public improvements, however the
Streetscape Design Manual does not apply, therefore no amenity zone will
be required.
Sidewalks will not be among required public improvements.• Othe.r types
tNo
Is the permit for new development or ~I Is the proposed construction ~
for an addition that will increase the
floor area by more than 50%? located on an arterial or collector?
of public improvements may be required, such as curb and gutter.
Sidewalks may be required as part of public improvements. The design
standards of the Streetscape Design Manual will apply to any required
improvements. An amenity zone may be required.
iNo iNo
GeneraUy, other types of Is the proposed ~
building permits may not require construction located ~ public improvements. on a bicycle or
pedestrian route?
Sidewalks may be requi.red as part of public improvements, however the
Streetscape Design Manual does not apply, therefore no amenity zone will
be required.
(Sidewalks will not be among required public improvements. • Other type~
of public improvements may be required, such as curb and gutter.
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• NO~ Compliana with applicablt acwsibwty standards may rrsult In rrquirtd public im~tnts (induding curl>. gutttt; and sidtwolk) tvtn if tht scope of work does not
mtel tht triggm autlind in this JWwchart. This dttmnlnatlon is madt by tht CJUtf Building Official during tht plan rrvltw or buslntsS lictnslng pro<tsS. 'wli~tRJ9ge Rev. 02120 I 2
Attachment 1
Public Improvements & Building Permits
If it is determined by the Director of Public Works that proposed construction
will require public improvements, the following flowchart helps to identify
next steps. Outlined below are the three criteria used to determine whether
improvements are installed or whether a fee is paid in lieu of installation.
This flowchart applies to public improvements associated with a building
permit. If public improvements are required as part of a separate land use
action, this flowchart does not apply.
Page2
~( If curb, gutter, or sidewalk are part of required public improvements, they l ~~ill need to be installed. ) Do curb, gutter, and sidewalk currently exist on either side
of the block on which the property is located? ~( Curb, gutter, or sidewalk will not be required to be installed." ) '---------------------------------_/ '--~----------------~----------------__/
Does the cost of the required public improvements exceed
10% of the cost of the building permit value?
M All public improvement requirements are waived. • ) '-~--~------~--------------------__/
~( ) , ~ \ Proceed with installation of all required public improvements. '-------------------------------------'-------------------~~~--~--------------~
Has the Director of Public Works determined that installation of ~ The applicant shall pay a fee in lieu of constructing the public improvements.
The applicant shall determine the estimated cost of the required public public improvements is impractical or not in the best interest of improvements, and the Director of Public Works will approve the cost City at the time the building permit is issued? estimate. The fee will be paid to the City at the time the building permit is % issued.
-( Proceed with installation of all required public improvements.
• NOTE: Compuanu with applicabiL acassibl6ty standJmls may multln tht rtJiuind lnstalltulon of public Improvements (including curb. gutttr, and sidewalk) tht trlgg<rs
outllntd in this jWwchart an not mtl. 71ois dttmnlnation Is madt by tht Chit/ BuiltUng Official during tht plan nvitw or busirws licensing prouss.
Rov. 02/2012
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Public Improvements & Land Use Applications ?\VlieatR!_dge
For all land use applications, a request may be approved, denied, or approved with conditions. Depending on the case, a condition
of approval may require the installation of public improvements. Public improvements can include-but are not limited to-
drainage, pavement, curb, gutter, sidewalk, landscaping amenity zone, relocation or undergrounding of utilities, street lighting, or
road construction. This handout is intended to help identify the scenarios in which public improvements may be required.
Special Use Permit:: Public improvements may be required as a condition of approval. Requirements are determined on
a case by case basis, in consideration of the reasonable relationship between a proposed use, specific
impacts, and the extent of new development.
Zone Change :: Public improvements may be required as a condition of approval. Requirements are determined on
a case by case basis, in consideration of the reasonable relationship between a proposed use, specific
impacts, and the extent of new development.
Subdivision & Platting :: Public improvement requirements depend on the type of subdivision or plat. The flowchart below + helps to identify the scenarios in which public improvements may be required.
r "' Is the application for a ~ A dedication or reservation may be required with platting, however, no public improvements
consolidation plat? will be required. If development is proposed subsequent to platting; public improvement
requirements may be associated with a building permit.
tNo
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Is the application '\
~' A dedication or reservation may be required with platting, however, no public improvements
for a lot line will be required. If development is proposed subsequent to platting; public improvement
\.. adjustment plat? requirements may be associated with a building permit. .I
tNo
Is the application Are new Will the new public roads All surface and utility improvements
for a subdivision plat ~ public ~ be classified as arterials, ~ are required including curb, gutter,
that creates new roads collectors, or local roads and sidewalk. The design standards
developable lots? created? serving commercial or of the Streetscape Design Manual will
mixed use development? apply to any required improvements.
t No INO % An amenity zone may be required.
\.. r If your plat does not
fall into one of the
above categories, please All surface and utility improvements
contact the Community are required including curb, gutter,
Development Department and sidewalk. The Streetscape Design
at (303)-235-2846. .I
Manual does not apply.
Arterial,
What are the classifications Collector,
-. of the existing roads? Bicycle/Ped All surface and utility improvements
Route are required including curb, gutter,
\.. ./ and sidewalk. If new development
is proposed, the Streetscape Design
{I 'iil Manual may apply; see the section on ~~ F?/ ~;~~ter Building Permits.
Tt I
r Sidewalk Amenity Zone Other No curb, gutter, or sidewalk will be
required. The Streetscape Design Sample street section with common public improvements,
including sidewalk and amenity zone. Manual does not apply.
Rev. 04/2012 Attachment 2
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER REINHART
Council Bill No. a!
Ordinance No. 1 sn-:t
Series 2011
TITLE: AN ORDINANCE AMENDING CHAPTERS 5 AND 26 OF THE WHEAT
RIDGE CODE OF LAWS CONCERNING GENERAL CODE REVISIONS AND
CLARIFICATION RELATED TO BUILDINGS, DEVELOPMENT AND
IMPROVEMENTS AND REQUIRED SUBMISSION AND PERMITS FOR THE
SAME
WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality having
all powers conferred by Article XX of the Colorado Constitution and the City's home rule
charter ("Charter"); and
WHEREAS, pursuant to this power, the City Council has previously adopted
Chapters 5 and 26 of the City of Wheat Ridge Code of Laws ("Code") concerning
business licenses and taxes, respectively; and
WHEREAS, Chapter 5 controls buildings and building regulations in the City; and
WHEREAS, Chapter 26 controls zoning and development in the City; and
WHEREAS, the City Council finds it is in the best interest of the City to, from time
to time, update said Chapters to provide for greater ease of administration and to reflect
both the practical and new technology facing both the City and applicants for
development.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Chapter 5, Section 5-45 of the Code is hereby amended (with appropriate
re-numbering and re-lettering) as follows:
Sec. 5-45. Public improvements required.
(a) Applications for building permits shall be reviewed by the aepartment DIRECTOR
of public works to determine whether the proposed construction will require the
installation or construction of public improvements including, but not limited to, street
paving, curbs, gutters, sidewalks, drainage facilities, or other public improvements as
may be required by THIS ordinance or the subdivision regulations.
(b) If it is determined by the elepartment DIRECTOR of public works that any such
public improvements (INCLUDING, BUT NOT LIMITED TO, DRAINAGE, TRAFFIC,
STREET CONTINUITY, CURB, GUTIERAND SIDEWALK, RELOCATION OR
UNDERGROUNDING OF UTILITIES, STREET LIGHTING, OR ROADWAY
Attachment 3
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CONSTRUCTION) are necessitated by the proposed construction based upon the
specific adverse effects created by the proposed construction, including, but not limited
to, drainage, traffic, street continuity, curb, gutter and sidewalk, relocation or
undergrounding of utilities, street lighting, roadway construction), the defi)artment
DIRECTOR of public works shall so inform the building official, and in such event a
condition shall be inserted in the building permit which shall require the construction of
such public improvement or public improvements by the property owner and the
dedication thereof to the city. All such improvements are to be constructed in full
compliance with the city's engineering division regulations, design standards and
construction specifications. The cost of any such improvements shall be borne by the
property owner, and the construction thereof shall be at the sole cost, risk and expense
of the property owner, subject to the provisions of any applicable city ordinance,
regulations or policies. Subject to the requirements of par:agFaph (~ eelo\\' THIS
SECTION, failure to construct any such required public improvements shall entitle the
city to withhold any certificate of occupancy.
(c) SIDEWALKS SHALL ONLY BE REQUIRED ON STREETS IDENTIFIED AS
PEDESTRIAN ROUTES IN THE CITY OF WHEAT RIDGE BICYCLE AND
PEDESTRIAN MASTER PLAN AND ON COLLECTOR AND ARTERIAL STREETS AS
IDENTIFIED IN THE CITY OF WHEAT RIDGE STREETSCAPE DESIGN MANUAL.
If it is determined by the defi)artment of fi>Ublic ''torks, after oonsideFation of the faGters
set fer:th below that such public improveFRents FRay ee placed at a later date. An escrow
amount equalling one hundred (1 00) peFGent of the estimated oost of the reetuired public
imJi)rovements shall ee deposited with the city. The oost eslimate will ee Ji)reparea by the
engineering ai•Jision, based upon current construction oosts prier to issuanoe of a
building peFmit.
(1) The installation of curbs, gutters ana sidewalks and relates roadway
irnfi)ro,Jements rnay not ee reetuired where less than half of the properties en
the street eMtenaing fi,Je hundred (500) feet frem the lot lines of the property
in question, on both sides of the fronting street, ha•Je in existence cures,
gutteFS and siae!f.'alks.
(d) THE INSTALLATION OF CURBS, GUTTERS AND SIDEWALKS AND RELATED
ROADWAY IMPROVEMENTS SHALL ONLY BE REQUIRED IF SUCH
IMPROVEMENTS ARE PRE-EXISTING ADJACENT TO ANY PROPERTY ON EITHER
SIDE OF THE STREET BLOCK ON WHICH THE PROPERTY IS LOCATED.
~
(e) No curbs, gutters and sidewalks shall be required for a remodeling of an existing
building.
(3t Installation of curbs, gutters and sidewalks would be impractical or
economically unfeasible or not in the best interest of the city at the time of
issuance of the certificate of occupancy.
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(f) In no event shall installation of curbs, gutters or sidewalks be required if the cost
of installation of such curbs, gutters, sidewalks and other improvements exceeds ten
( 1 0) percent of the cost of the building permit value. In tf:lis ease, an esore•.v in the
amount of ten (1 0) percent of the •.-ah:Je of the Bl:Jilaing pem:~it shall ee aepesitea \'Jith tl:le
oity ey #le preper:ly owner pFior to isst:Janoe ef a bl:Jilaing pem:~it for tl:le impre¥ements.
In assition, tl:le installation of curbs, gt:JtteFS ana siaewalks sl:lall neitl:ler ee FOEtl:Jires nor
allowes upon any street aesignates as an eMempt leoal ~reet iR tl:le oii')f's
oomprehensiiJe plan nor shall tl:le ElepaFtmont ret:tYire an escrow for pt:Jblio
impretJements.
(e) In any Sl:JGh e¥eRt, a Ele\'elopmeRt agreement shall be signeEI by the o·N~er of tl:le
propeR}', pursl:Jant to the sueEii'lision rogulatiens of the oiiy, wl:lioh se•1elopment
agreement shall remain in ft:rll feroe ana effect for ten (10) yeaFS from tl:le Elate of
elEeol:Jtion by the preper:ly owner, unless sooner releaseEI of reseFEI by tl:le oity.
(g)~ If it is determined by the aej:)artment DIRECTOR of public works, after
consideration of the factors set forth below that INSTALLATION OF such public
improvements WOULD BE IMPRACTICAL OR ECONOMICALLY UNFEASIBLE OR
NOT IN THE BEST INTEREST OF THE CITY AT THE TI~E OF ISSUANCE OF THE
BUILDING PERMIT, THE ESTIMATED COST OF THE PUBLIC IMPROVEMENTS
SHALL BE PAID TO THE CITY AS CONDITION OF APPROVAL TO BE USED TO
CONSTRUCT PUBLIC IMPROVEMENTS IN AN AMOUNT AND LOCATION
ROUGHLY PROPORTIONAL TO THOSE IN LIEU OF WHICH THE PAYMENT IS
REQUIRED .. may ee plaoeEI at a later sate. An escrow amol:Jnt OEtl:Jaling one ht:Jnsrea
(1 00) peroont of the estimateEI sost of tl:le reqt:Jires pl:Jblio impre .. •oments sl:lall be
seposites 'fflth tl:le oity. Tho oost estimate will ee prepares ey tl:lo engineering aivision,
eases upon GUFFent GOnstruotiOR GO~S prior to iSSl:Janee of a builaing permit.
(h)(t} Any owner, contractor or developer who is aggrieved by a decision of the
separtment DIRECTOR of public works requiring installation of such public
improvements or esore·Ning PAYMENT of funds in lieu of construction shall have the
right to appeal the aepaftn:lent's DIRECTOR'S determination to the board of adjustment
pursuant to section 2-61 of the city's Code of Laws.
Section 2. Chapter 26, Section 26-111, Subsection D.1.m of the Code is hereby
amended as follows:
m. In addition to the information included on the site plan document, the following
supportive information may be required IN HARD COPY, IN ELECTRONIC FILE
FORMAT, OR BOTH:
(1) FINAL Drainage REPORT AND Pplan;
(2) Elevations and perspective drawings;
{3) Traffic Impact Rfeport;-;
{4) CIVIL CONSTRUCTION PLANS;
(5) STORMWATER MANAGEMENT PLAN (SWMP);
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(6) STORMWATER OPERATIONS & MAINTENANCE MANUAL (0 & M
MANUAL).
Section 3. Chapter 26, Section 26-308, Subsection C.2.p of the Code and
Subsection D.2.a are hereby amended as follows:
p. METES AND BOUNDS I:Legal description (metes and bOI:JAds) OF THE TOTAL
SITE INCLUDING AREA IN SQUARE FEET, WITH SECTION TIES ON THE
CURRENT CITY DATUM, IN CONFORMANCE WITH CITY GEODETIC
SURVEYING REQUIREMENTS. of total site, insh:~eHng aFOa.
a. METES AND BOUNDS Lkegal description WITH SECTION TIES ON THE
CURRENT CITY DATUM, IN CONFORMANCE WITH CITY GEODETIC
SURVEYING REQUIREMENTS, of the entire planned development, and if the
final development plan is for only a portion of the site, a legal description of that
portion of the site included within the final development plan.
Section 4. Chapter 26, Section 26-403 of the Code is hereby amended as follows:
City datum: Those three-dimensional coordinate values established during the Gily
monuFRentation progr:am STATE PLANE COORDINATE CONVERSION PROGRAM for
all quarter corners, and SECTION CORNERS, AND PERMANENT HIGH ACCURACY
CONTROL (PHAC) POINTS within and adjacent to the City of Wheat Ridge.
GEODETIC SURVEYING: "GEODETIC SURVEYING" MEANS THE PERFORMANCE
OF SURVEYS IN WHICH MEASURE OR ACCOUNT IS TAKEN OF THE SHAPE,
SIZE, AND GRAVITATIONAL FORCES OF THE EARTH TO DETERMINE OR PRE-
DETERMINE THE HORIZONTAL OR VERTICAL POSITIONS OF POINTS,
MONUMENTS, OR STATIONS FOR USE IN THE PRACTICE OF PROFESSIONAL
LAND SURVEYING OR FOR STATING THE GEODETIC POSITION OF CONTROL
POINTS, MONUMENTS, OR STATIONS BY USING A COORDINATE SYSTEM OR
DERIVATIVE THEREOF RECOGNIZED BY THE NATIONAL GEODETIC SURVEY.
PHAC POINTS: PERMANENT HIGH ACCURACY CONTROL POINTS
ESTABLISHED DURING THE CITY OF WHEAT RIDGE STATE PLANE COORDINATE
CONVERSION PROGRAM BY AND FOR USE IN GLOBAL POSITIONING SURVEYS.
Section 5. Chapter 26, Section 26-407, Subsection C.1 is hereby amended as
follows:
1. Maps of the subdivision plat shall be drawn at not less than a scale of one (1)
inch equals one hundred (100) feet with the use of black, waterproof drawing ink and
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the outer dimensions of the map shall be twenty-four (24) inches by thirty-six (36)
inches with a margin of at least two (2) INCHES to be reserved along the narrow left
side of each drawing, A MARGIN OF AT LEAST ONE (1) INCH ALONG THE TOP
MARGIN, and a margin of at least one-half (%) inch shall ee r:eserveEI around the
balance of the drawing.
Section 6. Chapter 26, Section 26-407, Subsections D.2, D.6, D.8 and D.9 of the
Code are hereby amended as follows; further, new Subsections D .17 and 18 are added:
2. Accurate dimensions for all lines, angles, and curves used to describe
boundaries, streets, alleys, easements, areas to be reserved for public use, and other
important features. All curves shall be circular arcs and shall be defined by at least three
(3) of the following: the radius, central angle, tangent, ARC LENGTH, CHORD
LENGTH, AND CHORD BEARING. All dimensions, both linear and angular, are to be
determined by an accurate control survey in the field which must balance and close
within a limit of at least one (1) in fifty thousand (50,000). No final plat showing plus or
minus dimensions will be approved.
6. Total acreage and a surveyed METES AND BOUNDS legal description of the
area, with SECTION ties to two (2) section corners IN CONFORMANCE WITH CITY
GEODETIC SURVEYING REQUIREMENTS. Coordinates for all section corners, and,
QUARTER-SECTION CORNERS, AND PHAC POINTS used will SHALL be consistent
with the CURRENT City of Wheat Ridge Datum and are available from the public works
department.
8. MONUMENTS:
i.A description of all monuments THAT MARK THE BOUNDARIES OF THE
PROPERTY, both found and set, and a description of all control monuments
used in conducting the survey.
ii.RIGHT-OF-WAY SURVEY MONUMENTS SHALL BE ESTABLISHED PER CITY
OF WHEAT RIDGE STANDARD SPECIFICATIONS FOR ALL NEW
ROADWAYS OR RELOCATION OF EXISTING ROADWAYS, AT ALL NEW
ROAD RIGHT-OF-WAY CENTERLINE INTERSECTIONS, CENTER OF
RADIUS FOR CUL-DE-SACS, AND AT THE END OF THE CENTERLINE FOR
DEAD END STREETS. RIGHT-OF-WAY SURVEY MONUMENTS MAY ALSO
BE REQUIRED AT ROADWAY CENTERLINE POINTS OF CURVATURE,
POINTS OF REVERSE OR COMPOUND CURVATURE, AND POINTS OF
TANGENCY, AS DETERMINED BY THE DEPARTMENT OF PUBLIC WORKS.
iii.Coordinates for all control monuments used will SHALL be consistent with the
CURRENT City of Wheat Ridge datum.
9. A statement by the lana suf\•eyor A COLORADO LICENSED PROFESSIONAL
LAND SURVEYOR that the survey was performed by him or under his direct
responsibility, supervision, and checking, and in accordance with all CITY OF WHEAT
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RIDGE REQUIREMENTS AND applicable Colorado Statutes, current revised edition, as
amended. THE PROFESSIONAL LAND SURVEYOR SHALL PROVIDE A
STATEMENT OF ACCURACY WHICH CERTIFIES THE ACCURACY AND
CONFORMANCE OF THE FINAL PLAT DOCUMENT TO ALL APPLICABLE STATE
LAWS AND REQUIREMENTS SET FORTH HEREIN.
17. ALL ITEMS ON THE CITY OF WHEAT RIDGE GEODETIC SURVEYING
REQUIREMENTS FOR FINAL PLATS SHALL BE ADHERED TO AND PROVIDED ON
THE PLAT.
18. THE PURPOSE, WIDTH, LENGTH, AND LOCATION OF ALL EASEMENTS
AND ALL ABUTTING EASEMENTS SHALL BE CLEARLY LABELED AND
IDENTIFIED. IF ANY EASEMENT ALREADY OF RECORD CANNOT BE DEFINITELY
LOCATED, A STATEMENT OF ITS EXISTENCE AND ITS RECORDED REFERENCE
SHALL APPEAR ON THE PLAT TITLE SHEET.
Section 7. Chapter 26, Section 26-407, Subsections E.3 and E.13 of the Code are
hereby amended as follows; further, new Subsections E.18 and 19 are added:
3. Complete engineering plans and specifications SHALL BE SUBMITTED IN
HARDCOPY AND MAY BE REQUIRED IN AN ELECTRONIC FILE FORMAT
ACCEPTABLE TO THE CITY for all public facilities to be installed, i.e., water and sewer
utilities, traffic control devices, traffic calming features, streets, street lights, street signs
and related public improvements, bridges, and storm drainage, including design
analysis when required.
13. A computer readable drawing OF THE FINAL PLAT SHALL BE SUBMITTED
may be ~l:liFed to be submitted on a floppy disk CD-ROM, DVD-ROM, OR OTHER
ELECTRONIC FILE FORMAT ACCEPT ABLE TO THE CITY. The information shall be
ON THE CURRENT CITY OF WHEAT RIDGE DATUM IN CONFORMANCE WITH
CITY GEODETIC SURVEYING REQUIREMENT STANDARDS AS ESTABLISHED BY
THE PUBLIC WORKS DEPARTMENT, be compatible with the current Autocad release
CITY MAPPING SOFlWARE AND LAYERING STANDARDS, and include, but not
limited to, SECTION TIES, ties to a minimum of two (2) section (land) comers,
CONTROL MONUMENTS, exterior boundaries, interior lot lines, easements, rights-of-
way (existing and proposed), all to include bearings and distances.
18. A CLOSURE REPORT FROM THE PROFESSIONAL LAND SURVEYOR
CONTAINING THE CLOSURE CALCULATIONS AND ERROR OF CLOSURE WITH
AREA (ROUNDED TO THE NEAREST SQUARE FOOT) FOR THE SUBDIVISION
BOUNDARY.
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19. A COPY OF THE CITY GEODETIC SURVEYING REQUIREMENTS
CHECKLIST, COMPLETED AND INITIALED BY THE PROFESSIONAL LAND
SURVEYOR CERTIFYING THE PLAT.
Section 8. Chapter 26, Section 26-412, Subsection C.1.b of the Code is hereby
amended as follows:
b. Concrete curbs, gutters, and sidewalks.
(1) CURBS, GUTTERS AND SIDEWALKS SHALL BE PROVIDED FOR ALL
SUBDIVISIONS THAT REQUIRE NEW STREETS.
(2) SUBDIVISIONS OF PROPERTY LOCATED ADJACENT TO EXISTING
STREETS WILL REQUIRE CONSTRUCTION OF CURBS, GUTTERS AND
SIDEWALKS IF THE EXISTING STREETS ARE DESIGNATED AS
PEDESTRIAN OR TRAIL ROUTES IN THE CITY OF WHEAT RIDGE
BICYCLE AND PEDESTRIAN MASTER PLAN OR ARE COLLECTOR OR
ARTERIAL STREETS AS IDENTIFIED IN THE CITY OF WHEAT RIDGE
STREETSCAPE DESIGN MANUAL.
Section 9. Chapter 26, Section 26-412, Subsection H of the Code is hereby amended
as follows:
1. In conjunction with the required drainage certification, the owner will furnish the
city, free of charge, A HARDCOPY, SIGNED AND SEALED BY THE ENGINEER
OF RECORD, OF THE drawings and specifications, including supplemental
drawings, relating to improvements, showing them in their as-built locations ON
THE CURRENT CITY OF WHEAT RIDGE DATUM.
2.· The as-built's shall be prepared and certified by a registered professional
engineer in accordance with the requirements of Wheat Ridge and prior to the
city's issuance of the first certificate of occupancy in the subdivision.
3. AN ELECTRONIC FILE CONTAINING THE AS-BUILTS SHALL ACCOMPANY
THE SIGNED AND SEALED HARDCOPY, AND BE FURNISHED IN A FORMAT
COMPATIBLE WITH THE CITY MAPPING SOFTWARE AND LAYERING
STANDARDS ON CD-ROM , DVD-ROM, OR OTHER ELECTRONIC MEDIA
ACCEPTABLE TO THE CITY.
Section 10. Chapter 26, Section 26-413, Subsection B of the Code is hereby amended
as follows:
1. The pi:Ablic works department COMMUNITY DEVELOPMENT DEPARTMENT
and the subdivider shall prepare an agreement in substantially the form of
Appendix 8 [on file in the office of the city clerk], which details the obligations of
the city and the subdivider, the estimated costs of public improvements to the
property and the amount of letter of credit to be supplied by the subdivider.
Sectjon 11. Chapter 26, Section 26-623 of the Code is hereby amended (and re-
lettered) as follows:
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A. Generally. FOR OPERATIONS WHEREBY A BUILDING PERMIT IS NOT
REQUIRED PURSUANT TO THE UNIFORM CODES ADOPTED BY THE
CITY AND CONTAINED IN CHAPTER 5 OF THIS CODE, NNo deposit,
GRADING, and/or extractive operation DISTURBING AN AREA OF ONE (1)
ACRE OR MORE SHALL BE PERMITIED IN ANY DISTRICT EXCEPT IN
THE MANNER PRESCRIBED HEREIN. WHERE DISTURBED AREAS ARE
LESS THAN ONE (1) ACRE AND SUCH OPERATION IS A PART OF A
LARGER COMMON PLAN OF DEVELOPMENT LARGER THAN ONE (1)
ACRE IN SIZE, NO DEPOSIT, GRADING, AND/OR EXTRACTION
OPERATION shall be permitted in any district except in the manner prescribed
herein. It is the intent and purpose of this section to establish reasonable
uniform limitations, safeguards and controls in the City of Wheat Ridge for the
conservation and wise utilization of property through deposit, GRADING, and/or
extraction of soil, sand, gravel, rock, minerals, CONCRETE OR ASPHALT
PAVEMENT, and other similar resources MATERIALS. However, a primary
intent and purpose is to protect surrounding properties from adverse impacts,
including, but not limited to, drainage problems, soil erosion, traffic problems,
changes in ground elevation relative to adjacent properties, etc., which may be
created by such operations. All fees shall be in accordance with those fees
established by the Uniform Building Code. ALL OPERATIONS SHALL
COMPLY WITH ALL PROVISIONS IN CHAPTER 20 OF THIS CODE
(STORMWATER QUALITY AND CONTROL), AND A.Any fill operation which is .
proposed for a parcel located within a 1 00-year floodplain shall additionally
comply with the Floodplain Zoning Ordinance, article VIII of this chapter.
B. Minor f»fGavatiaR aRd fill ~am~its.
1. ORe to fifty (60) s1:1his yafds. No J3eR"Ait is reetuirea for auFF~J3in§ or
excavation of materials which does net exceed fifty (50) cubic yards,
provided, hovo~ever, that any fill def3ositea is on natural ten:ain of less
than three (3) to one (1), or such fill is less than three (3) feet in de13th
ana is not intended to sup13ort J3eR"Aanent structures, ana such fill or
exGa¥ation does not obstruct or otherwise ad•o~ersely affect any
arainage~ovay. Should any of the above standaFEts be exeeeEiea or a
arainageway be affected, a f:JOR"Ait as reetuired in subsection 1!1.2., below,
shall be reetuir-ea.
2. Rfty oRe (91) ta five RE:JRfiFed (60()} ofl9ie yams. Dumping or exeavatien
of earth materials not exeeeaing five hundred (800) cubic yards may be
allowed with a 13em1it apJ3reved by the city engineer. Af3plicatien shall be
made to the public 'Narks ae13artment on the aJ3r:JFOJ3riato fom1 ana shall
be accomJ3aniea by the aJ3J3ropriato fee. A sketch plan indieating tho
following information shall also be submitted:
a. Location ana dimensions of all preperty boundaries and structures
on the site.
b. Location ana extent of aFeas to be filled or excavated.
G. Location of e)(isting and preposed arainageways, irrl§ation ditches,
etc., ana indication of how ana where histoFic runoff will be
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maintaineEI on site.
a. GFOss se~ion of area to be f.illeEI or e*eavatea, inaleating original
slope, R8'1/ slope and depth ef fill.
e. Statement whioh inEiieates the pFOposea Yse or purpose for said fill
or O*Ga\<ation.
3. Five hfJRc:Jr.ed ORB (§01) W lweRty tRol:l&8Rd (20, ()(){)) GI:Jbie yaFfls.
Operations in wflioh eartt:. material fill or O*ea»~ation e*seeEis f.i\<e
hunEireEI (500) GYbie yards bYt Eloes not e*ooea tv1enty thousana
(20,000) oYbio yards may be allowea by a peFR=Iit issYea by the oily
engineer after reviewing an applioation ana sypporting information
submitted to tho publio works aopartment. The folla .. .qng information shall
be sybmittea with the reqYir:eEI applioation foFFA:
Site plan, prepares by a rogisterea professional engineer, at a
seale of no less than one (1) inoh to tluenty (20) feet, whioh iiiYstratos the
follooling:
a. Looation ana dimensions of all preperty bOYREiarios ana stru~YFOS
on tl:!o site.
b. Looation ana eMtent of areas to be f.illea or e*6811atoa.
o. Looation of e*isting watePNays ana Elrainago GOYR:ies inaioating any
ohange. (For any site oontaining an establishes irrigation Elitoh, a
Iotter of appro\'al from the appropriate aitoh company or agency is
ret:tuiroEI.)
9. Looation of eMisting ana proposeEI·points of ingressl~gress.
e. Looation ana eMtent of e*isting vegetation, pFOposea ohanges in
suoh 'IOgetation ana inoluaing methoas to FOhabilitate the
vegetation after filling.
f. A complete arainage ana graaing plan ana report, if requiFed, at the
aisorotion of the oily engineer.
g. Plans for lflina ana water erosion oontrol suring operations, ana
plans for FOhabilitation ana stabilization upon completion.
4. PerformaRse staRdaFEis. The follovJing pFO\<isions shall apply to all minor
eMea'Jation anEI f.ill peFFAits:
a. Rehai:JilitatioR. 'Mthin thirty (30) says after the oessation ef filling or
e*oavation, FOhabilitation of ttle site shall ha¥e been oempletea in
aoooraanoe with tl:te appro'IOEI plans. Rehabilitation shall consist of
aooeptablo leveling, graaing, lanasoaplng or any oombination
theFOof te minim~ petential eFOsion.
b. Dei:JR8. Debris anal-or oontaminants shall not be YseEI e~EGept ·..vhen
enEiorsea by tl=te oily engineer. For ttle pur:pose of this section, the
term .. aebris" shall have tho same moaning as the terms "garbage,"
"tFasl:!" or "junk," as aefinoEI in tl:!e \1\l.hoat Riege Coso of Laws,
section 20 24.
5. Limit aR permits. In no event shall a single property FOooi•;o aooumYiati¥o
permits in e*oess of twenty thousana (20,000) cubic yards t,\iitl=tin any
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consect:rti'Je t\\'9h>'e month f>eriod , exaept as pro¥ided biRder paragraph
G., below.
G. Major laRd## aRd eHeavatioR GORtf:el opeFatiOR&: 01:1rnping, landfill andtor
extraction operations which eMceed t\tJenty tho1:1sand (20,000) c~:~bic yards may
be allowed in any zone district only by special ~:~se peFmit ~:~nder section 26 114.
S~:~ch aepesit or extraction of earth, sand, gravel, rock, minerals, broken
ooncr:ete or broken asf:)halt or other similar reso1:1rces, andtor storage thereof,
are s1:1bject to the following conditions. (In cases of isolation or 1:1n1:1s1:1al
characteristics of the operation or the location thereof, J)artial \Wliver of these
req1:1irements R=~ay be made.) A special use permit R=~ay be iss~:~ed for a porioa of
tjme not to eMceed one (1) year and may be rene•.ved ~:~pon Wf:itten request:
GRADING PERMITS. DUMPING, LANDFILL, GRADING, AND/OR
EXTRACTION OPERATIONS WHICH DISTURB AN AREA OF ONE (1) ACRE
OR MORE IN SIZE MAY BE ALLOWED BY A PERMIT ISSUED BY THE
ENGINEERING MANAGER AFTER REVIEWING AN APPLICATION AND
SUPPORTING INFORMATION SUBMITIED TO THE. PUBLIC WORKS
DEPARTMENT. SUCH DEPOSIT OR EXTRACTION OF EARTH, SAND,
GRAVEL, ROCK, MINERALS, CONCRETE OR ASPHALT PAVEMENT, OR
OTHER SIMILAR MATERIALS, AND/OR STORAGE THEREOF, ARE
SUBJECT TO THE FOLLOWING CONDITIONS. A GRADING PERMIT MAY
BE ISSUED FOR A PERIOD OF TIME NOT TO EXCEED ONE (1) YEAR AND
MAY BE RENEWED UPON WRITIEN REQUEST:
1. Application. An application for special 1:1se GRADING permit shall be
submitted to the comm1:1nity de•Jelopment PUBLIC WORKS department
and shall be accompanied by the appropriate fee and by engineered
plans and drawings which illustrate the following minimum information:
a. Certified survey of the site SHOWING EXISTING EASEMENTS
AND RIGHT-OF-WAY with A corresponding metes and bounds
legal description FOR THE BOUNDARY ON THE CURRENT CITY
DATUM.
b. Name and address of property owner(s) and lessee(s), both within
the site and adjacent to the site's perimeter.
c. Location and ex:tent of areas te ee fillea andtor excavated A
GRADING AND EROSION CONTROL PLAN SHOWING THE
LOCATION AND EXTENT OF AREAS TO BE FILLED AND/OR
EXCAVATED, EXISTING & PROPOSED CONTOUR LINES
USING ELEVATIONS CONSISTENT WITH THE CURRENT CITY
DATUM DRAWN AT A SCALE ACCEPTABLE TO THE
ENGINEERING MANAGER, AND ANY EROSION CONTROL
ITEMS REQUIRED PER THE STORMWATER MANAGEMENT
PLAN.
d. A STORMWATER MANAGEMENT PLAN DEFINING BOTH
CONSTRUCTION AND POST -CONSTRUCTION BEST
MANAGEMENT PRACTICES (BMP'S).
e. Drainage plan and report, 'Nhich identifies e*isting waterways and
drainage oo~:::~rses, indicating any changes, exit*ing grades and
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proposes finisl:leEJ gr:aaes, amJ metl:leEt 9f maintaining histoFio
elrainage f.Fom t:Ae site, ana methoas fer eontrolling erosion f.rom
l:loth wine anEI \vater suring oper:ations ana upon oompletion
DRAINAGE REPORT AND PLAN IN CONFORMANCE WITH THE
CITY'S SITE DRAINAGE REQUIREMENTS.
f. Location of existing and proposed points of ingress/egress.
g. Location of residences, structures, AND utilities ana roaaways
'Nithin one ~uarter (lr) rnile elistanee of LYING INSIDE THE SITE in
question AND WITHIN A FIFTY (50) FOOT PERIMETER
ADJACENT TO THE SITE.
h. Loeation ana type or peFirneter fenoing NAME, LOCATION, AND
SURFACING OF ALL ROADWAYS BOTH WITHIN AND
ADJACENT TO THE SITE TO BE USED FOR HAULAGE.
i. Losation ana surfaoing of all roa96 l:lot:A .. •Jithin ana adjaeent to the
site to l:le usee fer haulage SCHEDULE OF OPERATIONS,
INCLUDING COMPLETION DATE.
j. Looatien and oharaoter of propO&ea lighting on the site COPIES OF
ANY PERMITS ISSUED BY THE STATE OF COLORADO
REQUIRED FOR THE OPERATION.
k. Ssheaule of oper:ations, inoluaing oompletion date. COPIES OF
ALL MATERIALS REQUIRED TO BE SUBMITTED TO THE
STATE OF COLORADO OR THE U.S. GOVERNMENT, WHERE
SUCH AGENCIES ARE INVOLVED IN PERMIT REVIEWS
AND/OR APPROVALS AS A REFERRAL, PERMITTING OR
FUNDING AGENCY.
I. Copies of all materials re~uireel to l:le sul:lmitteel to the State of
Color:aao or the U.S. Go\•ernment, where suoh agenoies are
invoiYed in permit re¥ie¥JS anEJlor approYals.
2. Performance standards.
a. Setba6k. Subjeot to maintaining a thirty foot .setl:laok frorn all
property lines. Roads. Subject to operators maintaining all haulage
roads used in connection with this operation, under their control or
ownership, as much as possible in a dust-free condition. Such
haulage roads shall not be established along existing residential
streets except as may be provided by a special permit. This shall
not preclude collector or major streets from being used for this
purpose.
b. EROSION CONTROL. EROSION CONTROL PROVISIONS
UTILIZED DURING OPERATIONS SHALL ADHERE TO THE
BMP'S IDENTIFIED IN THE STORMWA TER MANAGEMENT
PLAN.
c. i=eRetRg. The property containing the extraotive operation shalll:le
enolosed l:ly a V mesh, oyolono, ohainlink, or other similar type
metal fen so with a rni:nirnum height of seYenty two (72) inohes.
Throe (3) stranels of 9arl:leel wire sf:lalll:le plaeeel al:love the metal
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fencing ana cantee to a forty five aegr:ee angle to the o1:1tsiae. At
s1:1ch time as the site has seen r:et:la9ilitatea in confom:~ance witt:!
tt:le r:eql:liFeA=tents as contained heFein, tf:le fencing may 9e r:emovea
Drainage. DEBRIS AND/OR CONTAMINANTS SHALL NOT BE
ACCUMULATED OR DISCHARGED BEYOND THE PROPERTY
LINE BY ANY MEANS OF TRANSPORTATION INCLUDING THAT
OF NATURAL DRAINAGE. THE OPERATION SHALL BE
CONDUCTED SO THAT THE EXCAVATED AREA WILL NOT
PERMIT WATER OF A STAGNATED NATURE TO COLLECT OR
REMAIN.
d. ErosioR GORtrol. Provisions for conlrol ef wind ana water erosion
during operations shall 9e made ana follov.'ea. \1\/ina 91own
materials or sediment loaEts st:lall not 9e alloweEt to escape the site
SITE STABILIZATION. ALL GRADING PERMITS SHALL
CONTAIN PROVISIONS TO STABILIZE THE SITE AS NEAR OR
CLOSELY AS IS PRACTICABLE TO ITS PRIOR NATURAL
STATE OR CONDITION OR IN SUCH STATE OR CONDITION AS
THE ENGINEERING MANAGER MAY APPROVE. METHODS OF
SITE STABILIZATION SHALL ADHERE TO ALL BMP'S PER THE
APPROVED STORMWATER MANAGEMENT.
e. DFaiRage. De9ris andf.or contaminants sf:lall not 9e ace1:1m1:1lateEt
or dischargeEt 9eyona the property line 9y any FReans of
tmnsportation incluEting tt:lat ef natuFal EiFainage. Tf:le operation st:lall
9e cenEI1:1Giea so that ttte exca¥ateEt aFea 'Nill not pem:~it \'later of a
stagnateEt nati:IFe to collect or remain.
f. LightiRg. All exlerior ligf:lting sf:lall 9e in compliance 'Nith seotion 26
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g. RohahilitatioR. All special permits shall contain pro¥isions for
rel-la9ilitation of the property as near or closely as is pmetica91e te
its prier natw=al state or condition or in s1:1cf:l state or oondition as
the oity oe~:~ncil may appro¥e. Rel-la9ilita1ion of the site shall incluEte
replacement of topsoil wt:lioh is spreaEt e¥enly o•Jer the rehaBilitated
site to a dep#l oompara91e to that of adjoining ar:eas. Property not
ultimately ~;~sed for lake pwposes or struot1:1res, etc., st:lall 9e
planteEt with trees, st:lru9s, grasses or siA=tilar groundoover to
preclude e~sion of the soil 9y either winEI or water.
3. Bond. To insure rehabilitation of the site as prescribed in subsection g.,
above, there shall be required at the time the original permit is issued a
performance bond naming the city council of the City of Wheat Ridge as
obligee in an amount and type to be determined by the city engineer,
based on and with consideration for the magnitude of the excavation
activities and rehabilitation requirements. In no instance shall the amount
of the bond be less than five TWENTY thousand dollars
($5,000.00$20,000.00).
4. Insurance. Every operator, before commencing operations, shall be
insured to the extent of two hundred fifty thousand dollars ($250,000.00)
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per person, one million dollars ($1,000,000.00) per occurrence against
liability arising from production, activities or operations incidental thereto
conducted or carried on under or by virtue of any law, resolution or
condition imposed by these regulations, and such insurance shall be
kept in full force and effect during the period of such operations,
including site rehabilitation. A certificate indicating protection by such
insurance shall be filed with the application for special permit.
5. Equipment. All equipment used shall be maintained and operated
utilizing standard items, such as mufflers, filters, etc., as much as
possible to eliminate noise, vibration, dust, etc., which are injurious or
substantially annoying to persons living in the vicinity.
6. Hours of operation. All activities shall operate from 7:00a.m. to 5:00
p.m. Operations shall not be permitted on Saturdays, Sundays or
holidays, UNLESS OTHERWISE APPROVED BY THE ENGINEERING
MANAGER.
7. TAo oily speoifieally reserves tAo Figl:lt to appro~~e, approve with
oonaitions, or deny speoial use peFffiits for major lanafill and exoavation
oontrol operations based upon O'Jah:lation of tAo proposal relative to tAo
oritoFia for review sot ferth in seGtien 26 114
Section 12. 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 13. Effective Date. This Ordinance shall take effect fifteen (15) days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 26th day of September, 2011, ordered it published with Public Hearing and
consideration on final passage set for October 10, 2011 at 7:00 p.m., in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado and that it takes effect 15
days after final publication ..
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of~ to~. this lOth day of October , 2011.
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AITEST:
First Publication: September 29, 2011
Second Publication: October 13, 2011
Wheat Ridge Transcript
Effective Date: October 28, 20ll
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... ~ r City of • ~WheatRi_dge ~PUBLIC WORKS
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Memorandum
Mayor and City Council n~
Patrick Goff, City ManageJJ7'
Tim Paranto, Director of Public Works
May 1, 2012 (for Study Session ofMay 7, 2012)
Proposed RTD West Corridor Service Plan
:f+em 3~,
On April27, City Staff met with RTD and learned of the impact of the proposed FASTRACKS
West Corridor Service Plan on local Wheat Ridge bus service. The Service Plan was prepared to
restructure the bus service within the West Corridor to allow integration of bus and rail services.
The Service Plan calls for replacing under-utilized bus routes with Call-n-Ride service.
The Wheat Ridge bus routes that will be affected by implementation of the Service Plan include:
• Route 32 on 32"d Avenue, west ofWadsworth Boulevard
• Route 28 on 261h Avenue, west of Wadsworth Boulevard
• Route 17 on Youngfield Street, south of 38111 Avenue
Bus service in the southwest portion of the City would be provided by a new Call-n-Ride service.
The Service Plan calls for two small buses to be available during the morning and evening peak
demand periods, with one bus operating mid-day and no bus service available on weekends.
The greatest impact on Wheat Ridge residents appears to be at the Wheat Ridge High School.
There is large ridership to and from the school. The proposed Call-n-Ride will not be able to
meet the demand of the students during the peak travel periods.
Three new bus stop shelters and 12 new bus stop benches are planned to be installed along bus
routes proposed for elimination. These shelters and benches can be relocated to other bus stops
if the routes are eliminated.
The RTD Board of Directors is scheduled to approve the West Corridor Service Plan at its May
22, 2012 Meeting. The bus service changes would be implemented in May, 2013, when the
West Line is placed into service.
Staff recommends that the City Council request the RTD Board of Directors delay approval of
the proposed Service Plan until the City Council has an opportunity to meet with RTD Staff and
offer suggestions to the Plan.
Attachments:
1. Map ofProposed Routes
2. Proposed Service Resource Requirements
~ I» n
Golden
cnR ®~ -~
------
3 1L-------------~----_£~~~~~~~~~~--------------------~~~
CD :s .. ....
W st Corndor Servtce Plan
Map 5: Proposed Routes
~fiQ) Dale 3130112
Map 5 -Proposed Routes
-W-Line
Gold Line
++++++ Existing Rail Networl<
-D1scontmued Routes par1<-n-Rides 0
Miles
2
..
----
Proposed West Corridor Service Plan 2013
6Ltd ,west Colta. Umited t? ---!Re"d R~k; cc--------r;--~----------r?~ ___ t?O!h_ A:!~U~ _______ _
121 ----J Evans Crosstown
i2j _ _ _ 2:ft!. fv~~~-=---=-: -----=
30 South federal
3o_Ltd--~~.rt~~-F_!d;;r~ u.;;~~ ::.:--=-~
31 1 Federal Crosstown - ---~ - - - --- --------3~ ___ ~~!S!.. 3]n_d ~~~!'!.u~9tr ':_ar!< _
~6 _ _ _ 1 F.!''!. Lpen _________ _
36Ltd fort lo an Umlted
Table 12-Proposed Service Resource Requirements
Printed Apri116, 2012 41
... ~ '~
.. -r City of • ·~Wheat&_dge ~OFFICE OF THE CITY CLERK
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Issue
Memorandum
Mayor DiTullio and City Council
Patrick Goff, City Manager ~
Steve Art, Economic Development Manager
Bruce Roome, Deputy City Clerk
April 13, 2012
Liquor Code Amendment
The Colorado Liquor Code, C.R.S. § 12-4 7-10 I et seq., prevents local governments from
issuing liquor licenses to establishments that are located within 500 feet of any public or
private school, university, college campus or seminary unless a local government by
ordinance eliminates or reduces that distance requirement. In October 2010, the City
Council approved an ordinance, lifting the distance limitation only for Hotel and
Restaurant licenses.
Recently, the City Clerk's office has received inquiries for liquor licenses that are not of
the Hotel and Restaurant type for proposed businesses that are within 500 feet of schools.
If the default 500-foot limitation remains in effect, the City would be unable to issue
liquor licenses to these businesses.
Background
In October 2010, Staff recommended to City Council to amend the City Code of Laws related to
liquor licensing to increase economic development opportunities in certain areas of the City. This
recommendation was made because there were numerous redevelopment sites throughout the
City that fell within 500 feet of a school and were restricted from serving alcohol. City Council
approved an ordinance lifting the distance limitation only for Hotel and Restaurant licenses.
At a study session in March, City Council directed staff to pursue a possible ordinance
eliminating the 500-foot rule in C.R.S. § 12-47-313(1)(d)(I) for more classes oflicenses to allow
additional business opportunities in the City. Staff is recommending that the Council eliminate
the 500-foot distance limitation city wide as it applies to the following categories: beer and wine
licenses; arts licenses; and vintner's restaurant licenses.
At its April26, 201 2 Liquor License Authority Meeting, the Board approved 3-2 a motion to
support City Council's position to amend the code if that action should be taken.
To date the Wheat Ridge Police Department has not identified any additional patrol calls or
identified any additional problems due to the relaxation of the distance requirement as affecting
Hotel and Restaurant licensees in 2010. Additionally, the Principal of Wheat Ridge Middle 5-8
Warren Blair, has indicated that he finds no problem with the current code and the
recommendations to remove additional barriers to growth as recommended in this memorandum.
Statutory Reference
C.R.S. § 12-47-401. Classes of licenses. (1) For the purpose of regulating the manufacture, sale,
and distribution of alcohol beverages, the state licensing authority in its discretion, upon
application in the prescribed fonn made to it, may issue and grant to the applicant a license from
any of the following classes, subject to the provisions and restrictions provided by this article:
(a) Manufacturer's license;
(b) Limited winery license;
(c) Nonresident manufacturer's license;
(d) Importer's license;
(e) Malt liquor importer's license·
(f) Wholesaler's liquor license;
(g) Wholesaler's beer license;
(h) Retail liquor store license;
(i) Liquor-licensed drugstore license;
(j) Beer and wine license;
(k) Hotel and restaurant license;
(I) Tavern license;
(m) Brew pub license;
(n) Club license;
(o) Arts license;
(p) Racetrack license;
(q) Public transportation system license;
(r) Optional premises license;
(s) Retail gaming tavern license;
(t) Vintner's restaurant license.
In 2010, the City Attorney's office completed the following survey of area municipalities:
Municipality Types of License Types of Schools Reduction/
Elimination
Boulder Hotel/Restaurant University of Elimination
Colorado
Boulder Hotel/Restaurant Boulder High School Reduction to
400 feet
Canyon City Hotel/Restaurant All Elimination
Denver Hotel/Restaurant & College Campuses Elimination
Brew Pub
Fort Collins All but Retail Only properties Elimination
Liquor Stores owned for the benefit
ofCSU
Glenwood Springs All All Elimination
Idaho Springs Hotel/Restaurant & Elementary Schools Reduction to
Brew Pub 175 feet
Ignacio All All Reduction to
300 feet
Lyons All All Elimination
After the last study session the Clerk's office completed a survey to see if any other
municipalities had changed their laws:
Municipality Types of License Types of Schools Reduction/
Elimination
Arvada All All Elimination
Granby Beer and Wine Elementary Reduction to
250 feet
Greeley All All Elimination
Lone Tree All Universities and Elimination
Higher Education
Facilities
Thornton Hotel & Restaurant High Schools or Elimination
College
Staff Recommendation
Staff recommends that an amendment to the current ordinance be brought forward to waive the
500ft. distance limitation for beer and wine licenses; arts licenses; and vintner's restaurant
licenses in order to provide additional opportunities for redevelopment of the 381h Avenue
Corridor or other areas of the City.
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER ___ _
Council Bill No. 04
Ordinance No. ___ _
Series 2012
TITLE: AN ORDINANCE AMENDING SECTION 11-53(b) OF THE
WHEAT RIDGE CODE OF LAWS CONCERNING APPLICATION
OF THE STATE LIQUOR LAWS WITHIN THE CITY
WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality having
all powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, the City Council ("Council") has exercised these powers by the
adoption of Article Ill of Chapter 11 of the Wheat Ridge Code of Laws concerning
alcoholic beverages; and
WHEREAS, pursuant to that article and the provisions in the Colorado Liquor
Code, Section 12-47-101 et seq., C.R.S., the City issues licenses to businesses seeking
to sell malt, vinous, or spirituous liquors; and
WHEREAS, pursuant to Section 12-47-313(1 )(d)(l), C.R.S., all classes of liquor
licensed premises within the City must be at least "five hundred feet from any public or
parochial school or the principal campus of any college, university, or seminary;" and
WHEREAS, pursuant to Section 12-47-313(1 )(d)(lll), C.R.S., Council is
authorized to reduce or eliminate that distance limitation for any and all classes of
licenses; and
WHEREAS, Council wishes to eliminate the five hundred foot distance
requirement in Section 12-47-313(1 )(d)(l), C.R.S., for all beer and wine licenses, arts
licenses, and vintner's restaurant licenses that are licensed premises within the City.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 11-53(b) of the Wheat Ridge Code of Laws is amended to read
as follows:
(b) Notwithstanding the provisions in subsection (a) to the contrary, the distance
restrictions imposed by Section 12-47-313(1 )(d)(l), C.R.S., prohibiting the sale of
malt, vinous or spirituous liquor within five hundred (500) feet of any public or
parochial school or the principal campus of any college, university or seminary,
are eliminated for all hotel and restaurant licenses, BEER AND WINE
LICENSES, ARTS LICENSES, AND VINTNER'S RESTAURANT LICENSES
issued pursuant to this article.
Attachment 1
Section 2. 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 3. Effective Date. This Ordinance shall take effect fifteen (15) days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of_ to _
on this __ day of , 2012, 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 Monday, June 11, 2012 at 7:00 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 , 2012.
SIGNED by the Mayor on this __ day of _____ , 2012.
ATTEST:
Janelle Shaver, City Clerk
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
Jerry DiTullio, Mayor
Approved as to Form
Gerald E. Dahl, City Attorney
~"'~~ .. ~ ... City of • .. ~Wheat&_dge ~OFFICE OF THE CrlY MANAGER
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Issue
Memorandum
Mayor and City Council N
Patrick Goff, City ManageW'
Steve Art, Economic Development Manager
May 2, 2012
King Soopers' BDZ and ESTlP Agreement
Should the City of Wheat Ridge provide a use tax and sales tax rebate to King Soopers for the
remodel of their store located at 5301 West 381h Avenue and approve the transfer of city-owned
property at the comer of 381h and Sheridan to the Ridge Village Shopping Center?
Back2round
King Soopers ("Kings") located at the northwest comer of Sheridan Boulevard and 38th A venue,
is working in partnership with the owners of Ridge Village Shopping Center (the "Ridge") on an
interior and exterior remodeling and upgrade to the existing center.
This store was built in 1982 and was first remodeled in 1995. Kings is considering a significant
interior remodel to include an expansion of the sales floor to accommodate the expansions and
additions to the store in meat and seafood selections, organic produce, prepared foods, deli
offerings, health and beauty, an expanded dairy with organic offerings, and additional
departments (floral, baby and a branded cafe/coffee option).
Kings is making these upgrades to this specific store to better serve our existing loyal customer
base in the Wheat Ridge area, as well as, to attract and entice new shoppers to this store and the
shopping center. The supermarket industry as a whole is very competitive, and the Wheat Ridge
market is no exception. In order to offer Kings' customers and the City the most energy
efficient, best in class facility, this store will have an extensive remodel to be completed in late
2012 or early 2013.
With the anticipated improvements, Kings estimates that they can maintain their loyal customer
base and actually add to that customer base in the subsequent years. Due to numerous
competitive changes in the Wheat Ridge area, maintaining current levels of sales for any retailer
will be difficult and City revenues from Kings may decline 20-25 percent in the near term.
Kings feels very strongly that if they remodel their existing store with a full complement of new,
expanded and remodeled departments that they could reverse this negative revenue trend within
a few years.
Along with the Kings remodel, the Ridge owners, Bob Perry and Jeff Bailey, anticipate
upgrading the exterior of the remaining shopping center. These efforts will result in a fresh,
revitalized center in the City of Wheat Ridge. These improvements to Kings and the Ridge will
be coordinated by Kings to create a unifonn look to the center upon completion.
Kings anticipates an investment of more than $5.7 million in interior and exterior remodeling,
including furniture fixtures and equipment. Additionally, it is anticipated the Ridge will invest an
additional $100,000 toward improvements to the remainder of the center. Estimated building use
tax could amount to approximately $1 00,000.
The Ridge is also asking for approval of a drive-thru A TM to be located adjacent to 381h A venue
Because the ATM requires a Special Use Pem1it (SUP) and staffmay determine is does not meet
the design elements in the City's Streetscape Design Manual, it is anticipated the A TM SUP
cannot be approved administratively and will likely be presented to Council for action at a future
meeting. The Ridge owners stated the A TM will offer a new service to existing shoppers and
generate new shoppers for this shopping center and to the City.
The Ridge owners have also requested that Council consider deeding the City owned parcel
located at the southeast comer of the center that measures approximately 14,700 square feet.
The parcel contains a portion of Kings fueling facility along with the City gateway sign at the
comer of Sheridan and 381h Avenue. A development agreement dated April 28, 1995 between
the City of Wheat Ridge and the 38th and Sheridan Ltd stipulates that the Ridge has the right to
purchase this area for fair market value. Staff does not feel the property holds any value for the
City and that it would be prudent to transfer ownership to the Ridge for a nominal price of $1 .
The Ridge owners have agreed to pay for the survey and legal description necessary to divide the
City gateway sign from the remainder ofthe land and transferring the deed from the City to the
Ridge. The City agrees to waive process fees charged by the City and will maintain ownership
of the corner where the gateway signage exists.
Business Incentive Package Request
Kings is requesting a financial contribution in the amount of $400,000 to demonstrate the City's
desire to retain Kings in Wheat Ridge at this site. Kings has requested this participation be
derived utilizing a BDZ to rebate use tax and an ESTIP to rebate incremental sales tax.
Staff would recommend that City Council consider a rebate of 100% of the building use tax
created by the project not to exceed $100,000. The remaining assistance would be funded by
future sales tax increment, not to exceed $250,000 and seven years from the completion ofthe
remodel and issuance of the final Certificate of Occupancy.
Reinvestment of Kings and the Ridge at this location offers the following benefits to the City:
• Retains necessary neighborhood services and brings revenue to the City from
surrounding communities -a true definition of economic development;
• Retains 50+ full-time and 1 00+ part-time jobs within the center;
• Creates new revenue through permit fees, use tax on furniture, fixtures and equipment
and incremental sales tax;
• Spurs reinvestment and remodeling of the entire existing center on this signature corridor,
thus enhancing and preserving the economic viability in the City; and
• Extends the lease and Kings' commitment to this shopping center and the City of Wheat
Ridge to 2033.
In most cases, an anchor store's reinvestment will position the shopping center to attract a greater
selection ofhigh quality co-tenants.
Council Considerations
Consideration 1 -Should the City Council provide authorization for staff to enter into an
agreement for a rebate of building use tax and incremental sales tax for the redevelopment of the
Kings' site at Sheridan and 381h?
Consideration 2 -Is the amount requested by Kings agreeable to the City Council?
Consideration 3 -Should the City Council approve the transfer of the city-owned property at the
comer of 38th and Sheridan to the Ridge?