HomeMy WebLinkAbout08-12-2024 - City Council Meeting AgendaAGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO August 12, 2024
6:30 pm
This meeting will be conducted as a virtual meeting, and in person, at
7500 West 29th Avenue, Municipal Building City Council members and City staff members will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival. 2. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on
August 12, 2024) 3. Virtually attend and participate in the meeting through a device or phone:
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES
City Council Meeting Minutes, July 22, 2024
APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES
PUBLICS’ RIGHT TO SPEAK
a. Public may speak on any matter not on the agenda for a maximum of 3 minutes under Publics’ Right to Speak. Please speak up to be heard when directed by
the Mayor.
b. Members of the Public who wish to speak on a Public Hearing item or Decision,
Resolution, or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. c. Members of the Public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on
Wheat Ridge Speaks are considered part of the public record.
CONSENT AGENDA
None
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
1. Council Bill No. 13-2024 – an ordinance amending Section 26.646.F of the Wheat Ridge Code of Laws regarding approval of nonconforming accessory dwelling units ORDINANCES ON FIRST READING
2. Council Bill No. 14-2024 - an ordinance submitting a ballot question to the voters of the City at the November 5, 2024 Special Municipal Election, to amend the Wheat Ridge Home Rule Charter related to building height at the former Lutheran Hospital campus
3. Council Bill No. 15-2024 - an ordinance submitting a ballot question to the voters of the
City at the November 5, 2024 Special Municipal Election, to amend the Wheat Ridge Home Rule Charter to eliminate redundant references, conform to current statutory and case law and make other non-substantive revisions
4. Council Bill No. 16-2024 – an ordinance amending Article V of Chapter 26 of the Wheat Ridge Code of Laws concerning the City’s landscaping requirements and making
conforming amendments therewith
5. Council Bill No. 17-2024 – an ordinance amending Sections 2, 11, and 26 of the Wheat Ridge Code of Laws regarding short-term rental district caps, reporting requirements for hosting platforms, and enforcement procedures for same DECISIONS, RESOLUTIONS, AND MOTIONS
6. Resolution No. 36-2024 – a resolution supporting an application to the Jefferson County Open Space Trails Partnership program to request funding for Clear Creek Trail concrete improvements
7. Motion to approve an agreement with and subsequent payments to ECI Site
Construction Management, Inc. for construction of the Phase II Green at 38th Project for a total amount of $5,974,155 with a contingency of $300,000 for a total not to exceed amount of $6,274,155
CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS
City Council Meeting Minutes
CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING July 22, 2024 Note: This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building,
and some members of the public attended in person as well. Eight members of Council were present in Council Chambers for this session. Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format. 1. Call to Order
Mayor Starker called the Regular City Council Meeting to order at 6:30 p.m. 2. Pledge of Allegiance Those present stood and recited the Pledge of Allegiance to the Flag 3. Roll Call Council Members present: Jenny Snell, Scott Ohm, Rachel Hultin (arrived at 6:35 pm), Amanda Weaver, Korey Stites, Janeece Hoppe, Dan Larson, and Leah Dozeman Absent: None.
A quorum was established. Also present: City Manager Patrick Goff; Deputy City Manager Allison Scheck; City Attorney Gerald Dahl; Sr. Deputy City Clerk Margy Greer, Director of Public Works
Maria D’Andrea; Director of Community Development Lauren Mikulak; Police Chief Chris Murtha, Director of Parks and Recreation Karen O’Donnell, other staff, guests and interested members of the public. 4. Approval of Minutes
July 8, 2024 – Regular City Council Meeting Minutes Without objection or correction, the minutes were approved as presented. 5. Approval of Agenda Without objection or correction, the agenda stood as announced.
6. Public’s Right to Speak
In Person Ruth Browning, Resident, stated she had met with several staff members and community members and is very pleased with the communications between community
members and Council and staff.
Wheat Ridge Speaks: No comments from Wheat Ridge Speaks or via Zoom.
7. Consent Agenda
Motion to amend a contract with HDR Engineering, Inc. for design support services for the Improve Wadsworth Project, in the amount of $120,000 for a total contract amount of
$3,242,924.69
Council Member Ohm read the Issue Statement into the record.
Issue
A contract was previously awarded to HDR Engineering, Inc. for design services during construction and to serve as the Engineer of Record for the Improve Wadsworth project.
In July 2023, Council authorized an amendment to HDR’s contract due to adding the
additional work between 35th and 41st Avenues, (also referred to as Phase II of construction). Due to the amount of ongoing design-related efforts, additional funding is needed, associated with both Phase I and II. Therefore, an amendment to the contract with HDR, in the amount of $120,000, is requested.
Council Member Ohm made a motion to amend a contract with HDR Engineering, Inc. for design support services for the Improve Wadsworth Project, in the amount of $120,000 for a total contract amount of $3,242,924.69. It was seconded by Mayor Pro Tem Stites.
Vote: 7 Ayes. 0 Nays. The motion carried. (Council Member Hultin arrived at this point in the meeting.) Public Hearings and Ordinances on Second Reading
8. Council Bill No. 11-2024 – an ordinance approving the rezoning of property
located at 11910 W. 52nd Avenue from Industrial-Employment (I-E) to Mixed-Use Commercial TOD (MU-C TOD) Council Member Larson read the Issue Statement into the Record.
Issue Confluent Development, LLC is requesting approval of a zone change from Industrial- Employment (I-E) to Mixed Use-Commercial TOD (MU-C TOD) for property located at 11910 W. 52nd Avenue. The purpose of the rezoning request is to allow for the mix of
land uses, densities, and urban form as contemplated in the Northwest Subarea Plan.
Alayna Olivas-Loera, Planner II, gave a presentation on the rezoning request and entered all items into the Record. Council Members were in agreeance with the rezoning request.
Council Member Larson made a motion to approve Council Bill No. 11-2024, an ordinance approving the rezoning of property located at 11910 W. 52nd Avenue from Industrial-Employment (I-E) to Mixed Use-Commercial TOD (MU-C TOD) on second reading, order it published, and that it takes effect 15 days after final publication. It was
seconded by Council Member Hoppe.
Vote: 8 Ayes. No Nays. The motion carried.
9. Council Bill No. 12-2024 – an ordinance amending Chapters 1 and 13 of the Wheat Ridge Code of Laws concerning the acceptance of electronic signatures Council Member Hoppe read the Issue Statement into the Record.
Issue The City’s current Code of Laws does not address the use and acceptance of electronic signatures for summonses issued by the Wheat Ridge Police Department (WRPD). However, the WRPD is planning to implement the use of electronic summonses by August 2024. To match those practices of the WRPD, the enclosed ordinance amends
current regulations to allow the Municipal Court to accept electronic signatures for all types of summonses issued by the WRPD. City Attorney Dahl stated that the City’s regulation on the manner of signatures have remained unchanged. Recently, the Wheat Ridge Police Department (WRPD) has
notified the Municipal Court that they will commence the use of electronic summonses, and thereby electronic signatures starting August 2024. The Municipal Court Clerk has requested an Ordinance be prepared authorizing the acceptance of electronic signatures for all types of summonses issued by the WRPD.
Council Member Hoppe made a motion to approve Council Bill No. 12- 2024, an
ordinance amending Chapters 1 and 13 of the Wheat Ridge Code of Laws concerning the acceptance of electronic signatures on second reading, order it published and that it takes effect 15 days after final publication. It was seconded by Council Member Dozeman.
Vote: 8 Ayes. No Nays. The motion carried. Ordinances on First Reading
10. Council Bill No. 13-2024 – an ordinance amending Section 26.646.F of the Wheat Ridge Code of Laws, regarding approval of nonconforming Accessory Dwelling Units Council Member Hultin read the Issue Statement into the Record:
Issue The proposed ordinance extends the grace period to legalize existing dwellings that may qualify as Accessory Dwelling Units (ADU) from August 15, 2024, to August 15, 2026.
Council Member Hultin made a motion to approve Council Bill No. 13-2024, an
ordinance amending Section 26-646.F of the Wheat Ridge Code of Laws, regarding approval of nonconforming Accessory Dwelling Units, on first reading, order it published,
the public hearing set for Monday, August 12, 2024, at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it takes effect immediately. It was seconded by Mayor Pro Tem Stites.
Vote: 8 Ayes. 0 Nays. The motion carried. Decisions, Resolutions, and Motions 11. Motion to accept the 2023 Financial Statements from CliftonLarsonAllen
Council Member Dozeman read the Issue Statement into the Record: Issue Section 10.15 of the Municipal Charter for the City of Wheat Ridge requires that an
independent audit be performed annually of all City accounts. In 2023, the City received
more than $750,000 in federal funds for Wadsworth Boulevard which also triggered a “single audit” of all federal funds. The CPA firm CliftonLarsonAllen (CLA) performed both the City and federal audits of the City’s financial statements for the year ending December 31, 2023. Once again, this year, the City received an unmodified opinion
indicating that the City’s financial statements are fairly and appropriately presented. A
representative from CLA will be at the July 22, 2024, City Council meeting to present the 2023 Financial Statements to Council for acceptance. The representative from ClifftonLArsonAllen reported to City Council on the
Audit Statements including an explanation of the Management Letter;
Accounting Policies; Significant Findings or Issues, GASBY Rules and Regulations; and TABOR Issues. She then reviewed the Financial Statement itself including the Basic Financial Statements, Required Supplemental Information; Budgetary Comparison Schedules, State Compliance Reports;
Federal Compliance Reports; concluding with the Management’s Discussion
and Analysis. The representative stated that there were no significant issues found in the Audit and was very pleased to work with such a cooperative staff.
Council Member Dozeman made a motion to accept the 2023 Financial Statements from CliftonLarsonAllen. It was seconded by Mayor Pro Tem Stites. Vote: 8 Ayes. 0 Nays. The motion carried.
12. Resolution 35-2024 – a resolution approving an Amended Intergovernmental Agreement concerning animal sheltering, dog licensing, and funding of the Foothills Animal Shelter
Council Member Weaver read the Issue Statement into the Record.
Issue The Foothills Animal Shelter (FAS) Board of Directors has recognized a need to update the Intergovernmental Agreement between Jefferson County and the cities therein to
make participation in the Dog Licensing Program optional, remove licensing
requirements, set an assessment calculation that is predictable for the Parties, and to authorize the development of an IGA that includes the Shelter as a party to establish operational terms (Operations IGA).
Assistant City Manager Marianne Schilling explained the change in the agreement from
the original which was based on a dog licensing program for income to sustain the shelter. The amended agreement for 2024 would make participation in the dog licensing program optional and remove the requirement from the IGA and set an assessment calculation that is predictable for the parties involved.
Council Member Weaver made a motion to approve Resolution No. 35-2024, a resolution approving an Amended Intergovernmental Agreement concerning animal sheltering, dog licensing and funding of the Foothills Animal Shelter. It was seconded by Council Member Ohm.
Vote: 8 Ayes. 0 Nays. The motion carried. 13. Motion to approve appointments to the IDEA Committee
Council Member Weaver read the Issue Statement into the Record. Issue The City Council appoints members to the City's Committees annually and as needed
throughout the year to fill vacancies. The newly created Inclusion, Diversity, Equity, and
Accessibility (IDEA) Committee is comprised of ten members and one non-voting City Council Liaison. Staff have received nine applications to serve on the Committee. As a Hybrid Committee, the City Council may appoint four district representative positions and ratify staff's nominations. Additionally, the Mayor may appoint a non-voting City
Council Liaison.
Council Member Hoppe made a motion to appoint Morgan Richards to fill the vacant District I position of the IDEA Committee, term to expire March 1, 2027. It was seconded by Council Member Snell. Vote: 8 Ayes. 0 Nays. The motion carried.
Council Member Hoppe made a motion to appoint Jae Kim to fill the vacant District II position of the IDEA Committee, term to expire March 1, 2027. It was seconded by Mayor Pro Tem Stites. Vote: 8 Ayes. 0 Nays. The motion carried.
Council Member Weaver made a motion to appoint Diana Lopez to fill the vacant
District III position of the IDEA Committee, term to expire March 1, 2027. It was seconded by Mayor Pro Tem Stites. Vote: 8 Ayes. 0 Nays. The motion carried.
Council Member Dozeman made a motion to appoint Lin Browning to fill the vacant District IV position of the IDEA Committee, term to expire March 1, 2027. It was seconded by Council Member Larson. Vote: 8 Ayes. 0 Nays. The motion carried.
Council Member Snell made a motion to ratify the staff nominated appointments of the IDEA Committee as follows: • Appointment of Gretchen Trefz from District II for an at-large position, term to expire March 1, 2026.
• Appointment of Pamela Goff for an at-large, non-resident, position, term to
expire March 1, 2026. • Appointment of Alex Gouldsmith from District II for an at-large position, term to expire March 1, 2026. • Appointment of Samantha Cook from District I for an at-large position, term to
expire March 1, 2026.
• Appointment of K. Nanette Briggs from District I for an at-large position, term to expire March 1, 2025. It was seconded by Mayor Pro Tem Stites. Vote: 8 Ayes. 0 Nays. The motion carried.
Mayor Starker appointed Council Member Snell to fill the vacant non-voting City Council
Liaison position of the IDEA Committee, term to expire March 1, 2026. 14. City Manager’s Matters City Manager Patrick Goff reported that DRCOG has reported that Wheat Ridge is to
receive a $2 million grant for housing through the HOME program. This grant is one of
25 grants given in Colorado. 15. City Attorney’s Matters City Attorney Jerry Dahl reported that the contract negotiations regarding the transfer
and reverter with Open Space for the property known as the Green on 38th will be completed on August 11, 2024, and it will close in September. 16. Elected Officials’ Matters Mayor and Council reported on grand openings, the upcoming Carnation Festival,
Colorado Energy Grant, ribbon cutting at the new Lutheran Hospital, and other activities and events in the Wheat Ridge community. 17. Adjournment There being no further business to come before City Council, Mayor Starker adjourned
the meeting at 8:21 pm.
ITEM NO: 1
DATE: August 12, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 13-2024 - AN ORDINANCE AMENDING
SECTION 26.646.F OF THE WHEAT RIDGE CODE OF LAWS, REGARDING APPROVAL OF NONCONFORMING ACCESSORY DWELLING UNITS PUBLIC HEARING ORDINANCES FOR 1ST READING (07/22/2024) BIDS/MOTIONS ORDINANCES FOR 2ND READING (08/12/2024) RESOLUTIONS
QUASI-JUDICIAL: YES NO _____________________________
Community Development Director City Manager ISSUE: The proposed ordinance extends the grace period to legalize existing dwellings that may qualify as accessory dwelling units (ADU) from August 15, 2024, to August 15, 2026.
PRIOR ACTION: This topic was discussed with City Council at its June 3, 2024, study session. Council reached consensus to extend the grace period two (2) years until August 15, 2026.
Planning Commission reviewed this request at a public hearing held on July 18, 2024, and recommended approval by a vote of 7 to 0. A copy of the draft Planning Commission minutes is attached.
City Council approved this ordinance on first reading on July 22, 2024. A motion was made by Councilmember Hultin and seconded by Councilmember Stites and was approved by a vote of
8 to 0.
FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City.
Council Action Form – ADU Grace Period Extension August 12, 2024
Page 2
BACKGROUND: One of the specific policy goals of the original ADU ordinance approved in 2022 was to create a
process for legalizing existing dwellings that fall within the definition of an ADU. The ordinance
established a grace period during which property owners could submit evidence of the prior existence of the unit without fear of penalty. Units legalized under the grace period have more flexibility; zoning requirements do not apply, and applicable building codes are largely limited to life safety concerns.
The grace period to legalize existing dwellings that fall within the definition of an ADU currently expires on August 15, 2024. After the grace period ends, any unapproved or unpermitted ADU “shall be subject to enforcement as provided by law”, which may include code enforcement citations, requirements for building permits, and possibly upgrades to meet current
building code requirements that go beyond basic life safety improvements.
Staff believe there are additional ADUs in the community that could benefit from obtaining legal ADU status, but the owners have not yet applied. Allowing owners to come forward on their own time and not taking a punitive approach has so far proven generally successful, and owners have
been more willing to provide information and build relationships with staff where prior to the
grace period it was a more tenuous process due to the looming threat of code enforcement action. Without a grace period or increased flexibility for existing ADUs, owners are far less likely to come forward due to fear of having to comply with current building codes and make expensive upgrades, or dismantle a potential ADU that may be occupied, so in practice it would be like pre-
2022 where ADUs (new or existing) were not allowed.
Any person building or converting an ADU after August 15, 2022, should have obtained the proper building permits for construction of a new ADU, so the extension of the grace period only applies to any ADU that was clearly in existence prior to August 15, 2022, demonstrated through
prior permit records, real estate transactions, photos, or other written communication. This will
ensure that many of the City’s existing ADUs, which were sometimes completed decades ago, can still apply for legalization without fear of penalty. This also helps to legalize and legitimize existing housing in the community.
With the extension of the grace period, staff recognizes the importance of providing public
education. If the grace period is extended, staff would develop an outreach plan and seek Council’s help in word-of-mouth education of the opportunity to apply to ensure property owners are aware of the additional opportunities to potentially legalize existing ADUs on their properties.
RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION:
“I move to approve Council Bill No. 13-2024, an ordinance amending Section 26-646.F of the
Wheat Ridge Code of Laws, regarding approval of nonconforming accessory dwelling units, on second reading, order it published, and that it takes effect immediately.”
Council Action Form – ADU Grace Period Extension August 12, 2024
Page 3
Or,
“I move to deny Council Bill No. 13-2024, an ordinance amending Section 26-646.F of the
Wheat Ridge Code of Laws, regarding approval of nonconforming accessory dwelling units, for the following reason(s): _______________________________________.” REPORT PREPARED/REVIEWED BY:
Scott Cutler, Senior Planner
Lauren Mikulak, Community Development Director
Patrick Goff, City Manager ATTACHMENTS:
1. Council Bill No. 13-2024
2. Draft Planning Commission Meeting Minutes (7/18/2024)
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HULTIN COUNCIL BILL NO. 13
ORDINANCE NO. 1798 Series 2024 TITLE: AN ORDINANCE AMENDING SECTION 26-646.F OF THE WHEAT RIDGE CODE OF LAWS, REGARDING APPROVAL OF NONCONFORMING
ACCESSORY DWELLING UNITS
WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the
protection of the public health, safety or welfare; and
WHEREAS, the City of Wheat Ridge has established a process to legalize existing dwelling units which may qualify as Accessory Dwelling Units (ADUs), referred to as a “grace period”; and
WHEREAS, the process has been successful and several existing ADUs have
been legalized, and the current grace period expires on August 15, 2024; and
WHEREAS, the Council finds it necessary to extend the “grace period” by two (2) years to continue to provide a pathway for property owners to legalize existing ADUs on their properties.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 26-646.F of the Wheat Ridge Code of Laws, concerning ADUs on nonconforming properties, is hereby amended as follows:
F. Nonconforming properties.
1. Owners of property currently containing structures or portions of
structures which may fall within the definition of ADU under section 26-123, are hereby granted the right to apply to the city for approval of the same until August 15, 2024 2026. Following that date, and in the absence of city approval of an ADU under this section, unapproved or unpermitted ADUs shall be subject to enforcement as provided by law. Upon review
and approval of such applications by the city, the deed restriction
requirement of subsection E. shall apply. Development standards of subsection B. do not apply.
…
3. If a property contains more than one (1) ADU, deemed lawful pursuant
to subsections F.1. and F.2. by August 15, 2024 2026, those ADUs shall
ATTACHMENT 1
2
be allowed to remain until voluntarily demolished or converted to other uses, consistent with the provisions of Code subsection 26-120.C.
…
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 immediately, 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 22nd day of July 2024, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final
passage set for August 12, 2024 at 6:30 p.m., as a virtual meeting and 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 12th day of August 2024.
SIGNED by the Mayor on this _____ day of ____________, 2024.
_______________________________ Bud Starker, Mayor
ATTEST:
____________________________
Margy Greer, Sr. Deputy City Clerk
Approved as to Form
_________________________ Gerald E. Dahl, City Attorney First Publication: July 23, 2024
Second Publication: August 13, 2024 Effective Date: August 12, 2024 Jeffco Transcript and www.ci.wheatridge.co.us
Planning Commission Minutes -1 –
July 18, 2024
PLANNING COMMISSION
Minutes of Meeting
July 18, 2024
1.CALL THE MEETING TO ORDER
The meeting was called to order by Chair DISNEY at 6:32 p.m. This meeting was held in
person and virtually, using Zoom video-teleconferencing technology.
2.ROLL CALL OF MEMBERS
Commission Members Present:Kristine Disney
Daniel Graeve
Will Kerns
Michael Moore
Patrick Quinn
Syrma Quinones
Jonathan Schelke
Commission Members Absent: Krista Holub
Staff Members Present: Jana Easley, Planning Manager
Scott Cutler, Senior Planner
Ella Stueve, Senior Neighborhood Planner
Tammy Odean, Recording Secretary
3.PLEDGE OF ALLEGIANCE
4.APPROVE ORDER OF THE AGENDA
It was moved by consensus to approve the order of the agenda.
5.APPROVAL OF MINUTES – June 13, 2024
It was moved by Commissioner QUINN and seconded by Commissioner MOORE to
approve the minutes of June 13, 2024, as written. Motion carried 7-0.
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.
7.PUBLIC HEARING
ATTACHMENT 2
Planning Commission Minutes - 3 –
July 18, 2024
Mr. Cutler confirmed the number of days for a short-term rental is less than either
29 or 30 days, adding that the City requires a minimum two-night stay.
It was moved by Commissioner KERNS and seconded by Commissioner
GRAEVE to recommend approval of the proposed ordinance amending
Chapter 26 of the Wheat Ridge Code of Laws regarding requirements for
short-term rentals.
Motion carried 7-0.
B. Case No. ZOA-24-06: An ordinance amending section 26-646.F of the Wheat
Ridge Code of Laws, regarding approval of nonconforming accessory dwelling
units (ADUs).
Chair DISNEY opened the public hearing.
Mr. Cutler gave a short presentation regarding the ordinance.
Public Comment
No one wished to speak.
Commissioner SCHELKE believes there are still ADUs in the community that
property owners do not want to make legal and wanted to know if the City has a
way to reach out to them.
Mr. Cutler clarified there has been no downside of people coming forward and
there is no license for ADUs, only a certificate of ADU approval.
In response to a question from Commissioner QUINN about the definition of an
ADU, Mr. Cutler said it is a dwelling unit with a kitchen, sleeping quarters and a
bathroom that is smaller in scale to size of the primary dwelling and can be
attached or detached, but is separate from the primary dwelling.
Commissioner GRAEVE asked if there has been a lot of new ADU construction.
Mr. Cutler said only about 15 new ADUs have been permitted, and the city
continues to see interest, but cost can hinder some from being built especially when
utilities must be added such as water and sanitation.
Commissioner Quinones asked what the benefit is to have an ADU permitted and if
property taxes change.
Mr. Cutler explained there are benefits including a separate address, separate
public service bill and resale value to the property. He added the County handles
the property taxes so he is not sure if the tax rate will decrease or increase if an
ADU is added to the property.
Planning Commission Minutes - 4 –
July 18, 2024
Chair DISNEY closed the public hearing.
It was moved by Commissioner GRAEVE and seconded by Commissioner
QUINONES to recommend approval of the proposed ordinance amending
Section 26-646.F of the Wheat Ridge Code of Laws regarding approval of
nonconforming Accessory Dwelling Units (ADUs).
Motion carried 7-0.
8. OLD BUSINESS
9. NEW BUSINESS
A. City Plan Update
Ms. Stueve gave a brief introduction of the City Plan which is an update to the
City’s Comprehensive Plan and introduced Matt Ingalls with czb llc, the City Plan
consultant.
Mr. Ingalls gave a brief presentation about the City Plan and its multiple phases,
draft of core values, planning principles and priorities, and next steps.
Commissioner GRAEVE encouraged the City to also focus on the 44th Avenue
corridor in a thoughtful way because it is an important part of the City due to Clear
Creek and it’s trail.
Commissioner KERNS asked they City to think about a master trails plan for the
Lutheran Legacy Campus that complements the Crown Hill trails. He added he
would like to see a trail along the Rocky Mountain Ditch.
Commissioner DISNEY asked how the community engagement has been through
this process so far.
Mr. Ingalls said he is pleasantly surprised, and numbers of participants have gone
up online and at in-person open houses.
Commissioner DISNEY also asked about the negative feedback and what is done
with those comments.
Mr. Ingalls said it is unfortunate to get negative comments, but they are considered
and are factored into the process along with the positive comments.
Commissioner GRAEVE appreciated the process and wondered when if when the
draft plan is released is there an opportunity for the community to suggest changes.
ITEM NO: 2
DATE: August 12, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 14-2024 - AN ORDINANCE SUBMITTING
A BALLOT QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 5, 2024 SPECIAL MUNICIPAL ELECTION, TO AMEND THE WHEAT RIDGE HOME RULE CHARTER RELATED TO BUILDING HEIGHT AT THE FORMER LUTHERAN HOSPITAL CAMPUS
PUBLIC HEARING ORDINANCES FOR 1ST READING (08/12/2024) BIDS/MOTIONS ORDINANCES FOR 2ND READING (08/26/2024) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_____________________________ Community Development Director City Manager
ISSUE: The Lutheran Legacy Campus (LLC) Master Plan was adopted in 2021 and implementation of the plan’s vision requires that the City Charter be amended to modify the building height limitations of the campus. This ordinance sets the ballot language for the November 5th election
which is due to the Jefferson County Clerk and Recorder on September 6th.
PRIOR ACTION: On April 8, 2024, City Council provided direction to staff to advance a charter amendment and a first round of public polling. On May 13, 2024, the results of Magellan’s first round of polling
were shared in a study session, and City Council provided direction for staff to continue
educating the public about the LLC Master Plan and a potential charter amendment ballot question. There was also consensus to conduct a second round of polling. At the August 5th study session Magellan presented the results of the second round of polling. Consensus was reached by City Council at that meeting to proceed with submitting ballot language to Jefferson County.
FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City except for election expense which is estimated at approximately $30,000.
Council Action Form – Charter Amendment LLC Height August 12, 2024
Page 2
BACKGROUND: On November 2, 1976, the residents of Wheat Ridge voted for the creation of a Home Rule
Charter Commission and selected a diverse group of residents to draft a proposed Charter. The
twenty-one elected members of the Charter Commission submitted to the voters of the City their proposed Home Rule Charter in 1978 which was approved by a majority of voters. The Charter has been amended multiple times since it was approved. In 1983, voters amended
the Charter to add Section 5.10.1 which established height and density restrictions. Since then,
new development has been limited to 35 feet for residential uses and 50 feet for non-residential uses. The most recent Charter amendment in 2009 exempted certain areas of the City from the height and residential density limitations of Charter Section 5.10.1. Those two areas included a portion of Wadsworth Boulevard (generally from 35th to 45th Avenues); and the majority of the
I-70/Kipling Urban Renewal Area including Kipling north of 44th Avenue, Clear Creek Crossing,
and the area surrounding the Wheat Ridge · Ward commuter rail station. The areas were excluded from the Charter height and density limitations entirely, and both limitations were established through zoning.
The Lutheran Legacy Campus Master Plan describes three key expectations which represent the
central tradeoff associated with future redevelopment: 1. The perimeter should serve as a buffer and transition between the campus and existing adjacent neighborhoods, 2. Future development should integrate existing assets to the greatest extent possible (such
as the chapel, blue house, and trail along the Rocky Mountain Ditch), and in exchange,
3. The interior will be afforded more flexibility in terms of land use and height. This approach is summarized in the plan’s framework map shown below. At the July 15, 2024 study session, staff noted that the fundamental intent of the Master Plan is to taper the height of
development, so shorter buildings and/or larger setbacks ring the perimeter of the campus, and
taller buildings are clustered toward the middle of the site. To that end, staff recommended a height limit of 30 feet or 2.5 stories along the perimeter, which is lower than the 35-foot limit that exists in all other residential zone districts, including the adjacent neighborhoods.
This development framework diagram
from the Master Plan (page 51)
illustrates in yellow the expectation of
lower density and lower intensity uses
on the perimeter. By contrast, the
purple shading represents a flexible mix
of uses that could be taller and more
dense in the interior of the site.
The asterisks identify some of the
existing buildings and potential reuse
opportunities. This map along with the text of the Master Plan informs the
proposed zoning regulations and the
proposed ballot measure.
Council Action Form – Charter Amendment LLC Height August 12, 2024
Page 3
RECOMMENDATIONS: Based on the direction of the LLC Master Plan, public polling, and developer feedback, staff is
recommending the following ballot question that modifies the Charter height restrictions in two
ways: In order to implement the City’s 2021 Lutheran Legacy Campus Master Plan, shall the Home Rule Charter of the City of Wheat Ridge, specifically Section 5.10.1 regarding building height,
be amended for the former Lutheran Hospital campus:
• To lower the maximum allowed height for residential structures to 30 feet (2.5 stories) when in proximity to adjacent residential neighborhoods east, west, and south of the campus; and
• To limit all structures to a maximum height of 70 feet (5 stories) in the interior portion of the
campus south of 38th Avenue between Lutheran Parkway and Lutheran Parkway West, and including an area southeast of Lutheran Parkway? RECOMMENDED MOTION:
“I move to approve Council Bill No. 14-2024, an ordinance submitting a ballot question to the voters of the City at the November 5, 2024 Special Municipal Election, to amend the Wheat Ridge Home Rule Charter related to building height at the former Lutheran Hospital campus on first reading, order it published, public hearing set for Monday, August 26, 2024 at 6:30 p.m. as a virtual meeting and in City Council Chambers and that it takes effect immediately.”
Or, “I move to deny Council Bill No. 14-2024, an ordinance submitting a ballot question to the voters of the City at the November 5, 2024 Special Municipal Election, to amend the Wheat
Ridge Home Rule Charter related to building height at the former Lutheran Hospital campus, for the following reason(s): _______________________________________.” REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Community Development Director
Patrick Goff, City Manager Jerry Dahl, City Attorney ATTACHMENTS: 1. Council Bill No. 14-2024
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _______
COUNCIL BILL NO. 14 ORDINANCE NO. 1799 SERIES OF 2024
TITLE: AN ORDINANCE SUBMITTING A BALLOT QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 5, 2024
SPECIAL MUNICIPAL ELECTION, TO AMEND THE WHEAT RIDGE HOME RULE CHARTER RELATED TO BUILDING HEIGHT AT THE FORMER LUTHERAN HOSPITAL CAMPUS
WHEREAS, pursuant to Charter Section 16.8 and C.R.S. 31-2-210, the City Council of the City of Wheat Ridge, Colorado has the authority to refer ballot questions
amending the City’s Home Rule Charter to the electorate; and
WHEREAS, the City Council adopted the Lutheran Legacy Campus Master Plan (“Master Plan”) after a public hearing on October 25, 2021; and
WHEREAS, the Master Plan documents extensive public input and community goals and describes a vision for the future of the campus that includes public open
spaces, a mix of housing options, multi-modal amenities, and the repurposing of
structures with historical value; and
WHEREAS, the Lutheran Legacy Campus is currently subject to the height restrictions of the City Charter which limit residential development to 35 feet and commercial development to 50 feet both of which are significantly shorter than the existing
91-foot hospital; and
WHEREAS, the Master Plan vision for the Lutheran Legacy Campus cannot be realized without amending the height limitations on the campus; and
WHEREAS, the amended height limitations would restrict heights on the perimeter of the campus to 30 feet in exchange for allowing heights of 5 stories or 70 feet in the
interior of the site; and
WHEREAS, the City Council wishes to refer a ballot question amending the Charter to modify such height limitations on the campus; and
WHEREAS, the Council wishes to set a ballot title for the same.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
ATTACHMENT 1
2
Section 1. Ballot Question Referred and Ballot Title Set.
The following ballot question is hereby referred to the electorate of the City at the November 5, 2024 special municipal election:
CITY-INITIATED PROPOSED CHARTER AMENDMENT
In order to implement the City’s 2021 Lutheran Legacy Campus Master Plan, shall the Home Rule Charter of the City of Wheat Ridge, specifically Section 5.10.1 regarding building height, be amended for the former Lutheran Hospital campus:
• To lower the maximum allowed height for residential structures to 30 feet
(2.5 stories) when in proximity to adjacent residential neighborhoods east, west, and south of the campus; and
• To limit all structures to a maximum height of 70 feet (5 stories) in the
interior portion of the campus south of 38th Avenue between Lutheran
Parkway and Lutheran Parkway West, and including an area southeast of Lutheran Parkway?
Yes/For: __________ No/Against: ___________
Section 2. Full Text of Amendment. The full text of the amendment referred to the electorate is the addition of subsection (h) to Section 5.10.1 of the City Charter:
Sec. 5.10.1. - Building height and density limitations.
(a) Height limitations. The city shall not, by ordinance, resolution, motion, permit, or
other action, or variance except as provided in subsection (e), allow the construction
of buildings or other structures which exceed the following maximum heights:
(1) Thirty-five (35) feet for the following: All residential, planned residential and agricultural districts, including any created after passage of this amendment; residential buildings when built in nonresidential districts; the hospital-one district;
and the restricted commercial-one district.
(2) Fifty (50) feet for the following: Any other commercial, planned commercial, industrial or planned industrial districts; the public buildings and facilities district; commercial and office buildings constructed in the hospital-two district; and any nonresidential district created after passage of this amendment.
(3) Sixty-five (65) feet, but in no event more than six (6) stories above grade, for new
hospitals in the hospital-two district, on a minimum lot area of fifty (50) acres; however, additions attached to existing hospitals in this district may be built to a height not to exceed the height of the existing building.
3
The height limitations established shall not apply to the following: Church steeples, silos, decorative domes and cupolas not used for human occupancy or any
commercial, business or industrial use, nor to windmills, chimneys, ventilators,
transmission towers, solar heating and cooling devices, water towers, antennas, or necessary mechanical appurtenances normally carried above the roofline, but the city council may, by ordinance, establish height limitations for these structures.
(b) […]
(h) Notwithstanding any other provision of this section 5.10.1, the limitations upon building height contained herein shall be amended for the former Lutheran Hospital campus to restrict residential structures to a maximum height of 30 feet (2.5 stories) when in proximity to adjacent residential neighborhoods east, west, and south of the campus and to limit all structures
to a maximum height of 70 feet (5 stories) in the interior portion of the campus south of 38th Avenue between Lutheran Parkway and Lutheran Parkway West including an area southeast of Lutheran Parkway (as shown as “Mixed-Use” on page 51 of the Lutheran Legacy Campus Master Plan, adopted October 25, 2021). This shall not modify any current zoning on any property and shall
preserve existing height and density limitations in the Wheat Ridge Code of Laws unless and until modified through future ordinances approved by city council after public hearings.
Section 3. 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 4. Effective Date. This Ordinance shall take effect immediately upon
adoption at second reading and signature by the Mayor as permitted by Section 5.11 of
the Charter.
INTRODUCED, READ, AND ADOPTED by a vote of ______ to ______ on this 12th day of August 2024 and ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final
passage set for Monday, August 26, 2024 at 6:30 p.m., as a virtual meeting and in the
Council Chambers, 7500 W. 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 26th day of August 2024.
4
SIGNED by the Mayor on this ______ day of __________ 2024.
Bud Starker, Mayor
ATTEST:
Margy Greer, Sr. Deputy City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication: August 13, 2024
Second Publication: August 27, 2024
Effective Date: August 26, 2024 Published: Jeffco Transcript and www.ci.wheatridge.co.us
ITEM NO: 3
DATE: August 12, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 15-2024 - AN ORDINANCE SUBMITTING
A BALLOT QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 5, 2024 SPECIAL MUNICIPAL ELECTION, TO AMEND THE WHEAT RIDGE HOME RULE CHARTER TO ELIMINATE REDUNDANT REFERENCES, CONFORM TO CURRENT STATUTORY AND CASE LAW AND MAKE OTHER NON-SUBSTANTIVE REVISIONS
PUBLIC HEARING ORDINANCES FOR 1ST READING (08/12/2024)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (08/26/2024) RESOLUTIONS QUASI-JUDICIAL: YES NO
_____________________________ City Attorney City Manager ISSUE: Amendments to the City Charter to update and modernize the language, including provisions to remove ambiguities, clerical errors, and outdated provisions, provide additional flexibility in City operations, and ensure gender and citizenship neutrality. This ordinance sets the ballot language for the November 5th election which is due to the Jefferson County Clerk and Recorder on
September 6th. PRIOR ACTION: City Council provided direction to staff at a special study session on May 13th to review the City Charter and bring back proposed cleanup amendments.
City Council provided consensus at the June 17th study session to accept the amendments to the City Charter as presented by staff and directed staff to bring back a draft ordinance for final approval.
A final draft ordinance was presented to City Council at the July 15 study session and consensus was received to draft a final ordinance for first reading.
Council Action Form – Charter Clean Up Amendment August 12, 2024
Page 2
FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City except for
election expense which is estimated at approximately $30,000.
BACKGROUND: On November 2, 1976, the residents of Wheat Ridge voted for the creation of a Home Rule Charter Commission and selected a diverse group of residents to draft a proposed Charter. The twenty-one elected members of the Charter Commission submitted to the voters of the city their
proposed Home Rule Charter in 1978 which was approved by a majority of voters. It has since
been amended on multiple occasions, with the most recent major update occurring in 2009. This amendment exempted certain areas of the City from the height and residential density limitations of Charter Section 5.10.1.
The City’s Charter is equivalent to the City’s constitution. It establishes the basic legal
framework for the structure and operations of City government and can only be amended by a vote of the people. Being a Home Rule Charter city in Colorado gives the city authority over what are commonly known as “local affairs.” Local affairs are areas of law where Home Rule Charter cities exercise primary authority to make their own rules, subject only to the
requirements of the Colorado Constitution and other matters determined to be of “statewide
concern.” Typical “local affairs” include how a city finances and procures public works, enters into contracts, elects its local officials, makes land use regulations, compensates its employees, and adopts its own laws. Statutory cities, by contrast, are subject to all the laws regulating local jurisdictions adopted by the State legislature.
City staff performed an exhaustive review of the charter and recommended revisions which were approved by City Council at the June 17th study session. Many of these revisions are non-substantive, routine harmonization of language such as: 1) deletion of legacy and transitional text that addresses interim matters solely relevant to the timing of the Charter provision’s original
adoption; 2) updates to legal citations; 3) updates for compliance with changes in the law; 4)
references to controlling state law; and 5) recommendations based on current practices due to advances in technology and practice since the Charter’s adoption. RECOMMENDATIONS:
Staff recommends submitting the following ballot question to the voters of the city at the
November 5, 2024 Special Municipal Election: Shall the Home Rule Charter of the City of Wheat Ridge Colorado be amended to: eliminate redundant references; conform to statutory changes in Colorado legislation and court decisions;
make uniform all references to persons and officers; clarify notice and publication requirements;
clarify the duties of the Mayor, City Clerk, City Treasurer, City Judge, and City Manager to
reflect current practice; and correct inconsistencies in reference to terms of office as a result of prior Charter amendments?
RECOMMENDED MOTION:
“I move to approve Council Bill No. 15-2024, an ordinance submitting a ballot question to the voters of the City at the November 5, 2024 Special Municipal Election, to amend the Wheat Ridge Home Rule Charter to eliminate redundant references, conform to current statutory and
Council Action Form – Charter Clean Up Amendment August 12, 2024
Page 3
case law and make other non-substantive revisions on first reading, order it published, public hearing set for Monday, August 26, 2024 at 6:30 p.m. as a virtual meeting and in City Council
Chambers and that it takes effect immediately.”
Or, “I move to deny Council Bill No. 15-2024, an ordinance submitting a ballot question to the
voters of the City at the November 5, 2024 Special Municipal Election, to amend the Wheat
Ridge Home Rule Charter to eliminate redundant references, conform to current statutory and case law and make other non-substantive revisions, for the following reason(s): _______________________________________.”
REPORT PREPARED/REVIEWED BY:
Patrick Goff, City Manager Jerry Dahl, City Attorney ATTACHMENTS:
1. Council Bill No. 15-2024
2. Exhibit A – Proposed Charter Amendments
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _______
COUNCIL BILL NO. 15 ORDINANCE NO. 1800 SERIES OF 2024
TITLE: AN ORDINANCE SUBMITTING A BALLOT QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 5, 2024
SPECIAL MUNICIPAL ELECTION, TO AMEND THE WHEAT RIDGE HOME RULE CHARTER TO ELIMINATE REDUNDANT REFERENCES, CONFORM TO CURRENT STATUTORY AND CASE LAW AND MAKE OTHER NON-SUBSTANTIVE REVISIONS
WHEREAS, pursuant to Charter Section 16.8 and C.R.S. 31-2-210, the City
Council of the City of Wheat Ridge, Colorado has the authority to refer ballot questions amending the City’s Home Rule Charter to the electorate; and
WHEREAS, the Council wishes to refer a ballot question amending the Charter to eliminate redundant references, conform to current statutory and case law and make
other non-substantive revisions; and
WHEREAS, the Council wishes to set a ballot title for the same.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Ballot question referred and ballot title set.
The following ballot question is hereby referred to the electorate of the City at the November 5, 2024 special municipal election:
Ballot Question and Title:
Shall the Home Rule Charter of the City of Wheat Ridge Colorado be amended
to: eliminate redundant references; conform to statutory changes in Colorado legislation and court decisions; make uniform all references to persons and officers; clarify notice and publication requirements; clarify the duties of the Mayor, City Clerk, City Treasurer, City Judge, and City Manager to reflect current
practice; and correct inconsistencies in reference to terms of office as a result of
prior Charter amendments? Yes/For: __________ No/Against: ___________
ATTACHMENT 1
2
Full Text of Amendment:
Amend identified sections of the Charter to read as shown on the attached Exhibit A
which is fully incorporated herein by this reference.
Section 2. 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 3. Effective Date. This Ordinance shall take effect immediately upon adoption at second reading and signature by the Mayor as permitted by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED by a vote of ______ to ______ on this
12th day of August 2024 and ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for Monday, August 26, 2024 at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 W. 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading
by a vote of ___ to ___, this 26th day of August 2024.
SIGNED by the Mayor on this ______ day of __________ 2024.
Bud Starker, Mayor
ATTEST:
Margy Greer, Sr. Deputy City Clerk Approved As To Form
Gerald E. Dahl, City Attorney
First Publication: August 13, 2024 Second Publication: August 27, 2024 Effective Date: August 26, 2024
Published:
Jeffco Transcript and www.ci.wheatridge.co.us
3
EXHIBIT A
Proposed Charter Amendments
[attached]
Wheat Ridge, Colorado, Code of Ordinances Part 1 – Charter
Page 1 of 38
PART I
CHARTER1
PREFATORY SYNOPSIS
On November 2, 1976, the citizensresidents of Wheat Ridge voted for the creation of a Home Rule Charter
Commission and selected a diversified group of citizensresidents to draft a proposed Charter. The twenty-one (21) elected members of the Charter Commission submit to the voters of the City their proposed Home Rule Charter
which has been framed in conformity with article XX of the Constitution of the State of Colorado and the Municipal
Home Rule Act of 1971.
The commission members have drafted a Charter to achieve a simple and direct form of local government
based upon sound principles. It is designed to meet the present and future needs of the citizensresidents of Wheat
Ridge. The underlying concept of this document is the need for a flexible and responsive government with
maximum financial control exercised by the citizensresidents. Such a philosophy emphasizes public involvement
and encourages citizen participation in matters of local and municipal concern. The commission believes that this
charter provides for effective government through local self-determination by separating legislative and
administrative branches.
The charter provides for the Council-Manager form of government. The mayor presides over council
meetings and possesses the power of veto. The mayor shall be the recognized head of the city government for all
legal and ceremonial purposes and shall be the conservator of the peace.
The city council is established as the policy-making legislative body of the city. The council consists of eight
(8) members with two (2) members elected from each of four (4) districts. The council shall appoint
citizensresidents to all boards and commissions on an equal representation basis.
The charter provides that all elections are to be nonpartisan and conducted in accordance with Colorado
Municipal Election Law. All city officials are elected for a fourtwo-year term of office thereby providing maximum
accountability to the citizensresidents. The treasurer and city clerk remain elected officers of the city. The city
council also appoints a city manager to run the daily affairs of the city.
The rights of the people have been retained through powers of recall, initiative and referendum. Significant
tax limitations existing under present state law also are incorporated into this charter.
The proposed charter is a document of consensus and compromise. The significant consideration is the
charter itself and there is no substitute for reading it in its entirety.
(Ord. No. 1996-1038, § 1, 7-22-96)
PREAMBLE
We, the people of the City of Wheat Ridge, Colorado, under the authority of the Constitution of the State of
Colorado and in order to exercise the rights, privileges and responsibilities of self-government granted to use by
the said Constitution, do ordain and establish this home rule charter for the City of Wheat Ridge, Colorado.
1 Editor's note(s)—The City Charter is published as amended with no rewording. The printing style, however,
has been made consistent with the Code. [The certificate of the charter commission has not been published.]
ATTACHMENT 2
Wheat Ridge, Colorado, Code of Ordinances Part 1 – Charter
Page 2 of 38
CHAPTER I. GENERAL PROVISIONS
Sec. 1.1. Name and boundaries.
The municipal corporation heretofore existing as the "City of Wheat Ridge" in Jefferson County of Colorado
shall remain and continue as a body politic and corporate and under this Charter shall be known as the "City of
Wheat Ridge" with the same boundaries until changed in a manner authorized by law.
Sec. 1.2. Rights and liabilities.
By the name of the City of Wheat Ridge, the municipal corporation shall have perpetual succession, shall
own, possess and hold all property, real and personal, heretofore owned, possessed and held by the City of Wheat
Ridge and does assume and manage and dispose of all trusts in any way connected therewith; shall succeed to all
the rights and liabilities and shall acquire all benefits and does assume and shall pay all bonds, obligations and
indebtedness of said City of Wheat Ridge; may, in the name of the City of Wheat Ridge, sue and defend, plead and
be impleaded in all courts and places and in all matters and proceedings; may purchase, receive, hold and enjoy, or
sell and dispose of real and personal property.
Sec. 1.3. Powers of self-government.
The city shall have all the power of local self-government and home rule and all powers possible for a city to
have under the Constitution of the State of Colorado. The city shall also have all powers that now or hereafter may
be granted to municipalities by the statutes of the State of Colorado. The enumeration of particular powers in this
Charter shall not be deemed to be exclusive of others. All such powers shall be exercised in the manner prescribed
in this Charter or, if not provided for herein, in such manner as shall be provided by ordinance of the council of the
city.
Sec. 1.4. Form of government.
Diagram (Section 1.4)
Wheat Ridge, Colorado, Code of Ordinances Part 1 – Charter
Page 3 of 38
(Ord. No. 1996-1034, § 1, 7-22-96)
The municipal government established by this Charter shall be the Council-Manager form of government. In a
Council-Manager government, an elected city council serves as the city's primary legislative body and appoints a
chief administrative officer called a city manager to oversee day-to-day municipal operations, to draft a budget,
and to implement and enforce the council's policy and legislative initiatives.
Sec. 1.5. Present ordinances.
All ordinances of the City of Wheat Ridge in force at the time this Charter goes into effect shall continue in
force except insofar as they may conflict with the provisions of this Charter or shall be amended or repealed by
ordinances enacted under the authority of this Charter.
CHAPTER II. ELECTIONS
Sec. 2.1. Colorado municipal elections laws adopted.
City elections shall be governed by the Colorado municipal elections laws as now existing or hereafter
amended or modified, except as otherwise provided by this Charter, or by ordinance hereafter enacted.
Sec. 2.2. MunicipalRegularGeneral and special municipal elections.
A general municipal election shall be held on the first Tuesday in November of 1979of each odd numbered
calendar year., and every two (2) years thereafter. Any special municipal election may be called by resolution or
ordinance of the city council at least sixty (60) days in advance of such election. The resolution or ordinance calling
a special municipal election shall set forth the purpose or purposes of such election. Polling places for all municipal
elections shall be open from 7:00 a.m. to 7:00 p.m. on election day.
(Ord. No. 1328, § 1, 11-2-04)
Sec. 2.3. Disclosure.
The city council shall, within six (6) months of the adoption of this Charter, adopt and thereafter maintain, by
resolution or ordinance, an election code of ethics covering the conduct of municipal elections and conduct of
candidates for municipal office; and which shall include, but not necessarily be limited to, disclosure of all
campaign contributions and expenditures of an amount in excess of that which the council may determine and the
names of the contributions and the recipients thereof.
Sec. 2.4. Election commission.
(a) An election commission is hereby created, consisting of the city clerk and two (2) registered electors of the
city. These two (2) registered electors during their term of office shall not be elected city officers or
employees or candidates or nominees for elective city office. These two (2) members shall be appointed by
the city council in the first December meeting following a regular city election, for a term of two (2) years.
(b) The city clerk shall be chairperson. The election commission shall have charge of all activities and duties
required of it by statute, ordinance and this Charter relating to the conduct of elections in the city. In any
case where election procedure is in doubt, the election commission shall prescribe the procedure to be
followed.
Wheat Ridge, Colorado, Code of Ordinances Part 1 – Charter
Page 4 of 38
(c) The commission shall provide procedures to establishWhere residency is in question, proof of residency
qualification where residency is in questionshall be established and confirmed by the State of Colorado
Department of State. Upon a showing for good cause, the election commission may require proof of
residency by any person registered to vote or attempting to register to vote in the City of Wheat Ridge. Said
person shall not be qualified to vote in any municipal election until the election commission is satisfied that
hesaid person has presented sufficient proof of residency as required by statute or ordinance adopted
pursuant to this Charter.
(d) The election commission shall provide for: ballots, sample ballots and any voting methods as approved by
state statutes; the determination of the winner by lot in the event of a tie vote; the canvass of returns; and
the issuance of appropriate certificates.
(e) A member of the election commission shall not act as a judge of an election.
Sec. 2.5. Nonpartisan elections.
All special and general elections shall be nonpartisan. No candidate for any municipal office shall run under
any party label.
Sec. 2.6. Recall from office.
Any incumbent of an elective office may be removed from office at any time after holding office for six (6)
months, by the qualified electors of the city in the manner herein provided.
Sec. 2.7. Recall procedure.
The procedure hereunder to effect the recall of any elective officer shall be as follows: One (1) or more
registered electors, in the case of a council member, residing in the councilmember's district, and in the case of
any other elective officer residing in the city, shall file with the city clerk an affidavit of not more than two hundred
(200) words stating the reasons for the recall of the elective officer sought to be removed. The city clerk shall,
within forty-eight (48) hourstwo (2) business days after the filing of said affidavit, mail a copy by registered mail to
the elective officer sought to be recalled, who may file with the city clerk a sworn statement in defense of the
charges made against him.that elective officer. After the affidavit has been filed, the city clerk shall issue a petition
for recall of the elective officer and said petition may be circulated and signed by registered electors who would be
entitled to vote upon the proposed recall question.
A petition signed by registered electors entitled to vote for a successor of the incumbent sought to be
recalled, equal in number to twenty-five (25) percent of the entire votes cast in the last preceding election for that
position, demanding a recall of the officer named in the petition shall be filed in the office of the city clerk.
The registered electors shall be the sole and exclusive judges of the legality, reasonableness, and sufficiency
of such grounds assigned for such recall, and said grounds shall not be open to review.
The recall petition shall be filed with the requisite information and signatures with the city clerk within sixty
(60) days after issuance. If said petition is filed within the time specified, and is proper in all respects, the council
shall set a date for a recall election to be held within ninety (90)sixty (60) days from the date of filing with the city
clerk, unless a general or special municipal election will be held within one hundred eighty (180) days following the
filing of the petition in which case the recall election shall be held in conjunction therewith. At such recall election,
the question of the proposed recall of a councilmember elected from a district within the city shall be submitted
only to the registered electors of the district from which the councilmember was elected, and the question of the
proposed recall of any other elective officer shall be submitted to the registered electors of the city.
Wheat Ridge, Colorado, Code of Ordinances Part 1 – Charter
Page 5 of 38
The ballot upon which such proposed recall is submitted shall set forth the following question:
Shall (name of person against whom the recall petition is filed) be recalled from the office of (title of office)?
Following such question shall be the words "yes" and "no."
On such ballots, under the question, there shall be printed the names of those persons who have been
nominated as candidates to succeed the person sought to be recalled.; but no vote cast shall be counted for any
candidate for such office unless the voter also voted for or against the recall of such person sought to be recalled
from said office. The foregoing sentence or instructions shall be printed on the ballot. The name of the person
against whom the petition is filed shall not appear on the ballot as a candidate for the office.
Any registered elector desiring to become a candidate at a recall election shall file hisa petition with the city
clerk shall not less than twenty-five (2025) days after the date for the recall election has been setprior to the recall
election. . All petitions and procedures shall be in conformance with the other provisions of elections in this
Charter.
If a vacancy occurs in said office after a proper petition for a recall election has been filed with the city clerk,
the election to fill the vacancy shall nevertheless proceed as provided in this article.
The council shall make such additional rules and regulations as necessary to implement the above
procedures.
(Ord. No. 865, § 3(A), 6-24-91)
CHAPTER III. MAYOR AND ADMINISTRATION
Sec. 3.1. Election of mayor.
The mayor shall be elected by the greatest number of votes cast for that office by the electors of the City of
Wheat Ridge at each the relevant general municipal election, and shall have the same qualifications as members of
the council. Commencing with the general municipal election held on the first Tuesday after the first Monday in
November, 1997, hisTthe mayor’s term of office shall be for four (4) years and shall commence on hisupon the
taking of the oath of office at the ensuing organizational meeting of the city council held after the election in the
year elected and shall continue during the term for which hethe mayor shall have been elected until hisa successor
shall have been elected and duly qualified.
No person shall serve in the office of mayor for more than two (2) consecutive terms of office. This limitation
on the number of consecutive terms shall apply to terms of office commencing on or after November 4, 1997. Any
person who succeeds to the office of mayor, and who serves at least one-half of a term in the office, shall be
considered to have served a full term in that office. Terms are considered consecutive unless separated by at least
four (4) full years.
(Ord. No. 864, § 3(a), 6-24-91; Ord. No. 1997-1081, § 1, 7-28-97; Ord. No. 1519, § 1, 8-27-12)
Editor's note(s)—The amendments to § 3.1 above were ratified at referendum held Nov. 4, 1997 and Nov. 6, 2012.
Sec. 3.2. Power and duties of the mayor.
The mayor shall be the recognized head of the city government for all legal and ceremonial purposes. All
contracts in writing binding the city, all conveyances of interests in land by the city, and any other documents
requiring histhe mayor’s signature shall be signed by the mayor (or person acting as mayor as herein provided).
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The mayor shall be the chief elected officer of the city. The mayor shall be responsible for the efficient
administration of all affairs of the city placed in histhe mayor’s charge. The mayor shall serve as a liaison between
the city council and the city administration, including, but not limited to, attendance at meetings and special
events involving the city administration.
The mayor shall be a conservator of the peace, and in emergencies may exercise within the city the powers
conferred by the Governor of the State of Colorado for the purposes of military law, and shall have the authority to
command the assistance of all able-bodied citizensresidents to aid in the enforcement of the ordinances of the city
and to suppress riot and disorder. Except as may be required by statute, the mayor shall exercise such other
powers as shall be conferred by the council shall confer upon him.
The mayor shall have the power to veto any ordinance passed by the council in accordance with the
procedure set forth in section 5.14 of this Charter. The mayor shall also preside over city council meetings.
In the event of a tie vote by the city council, except upon adoption or amendment of the budget, the mayor
shall cast a tie-breaking vote. In no other instance shall the mayor cast a vote on a matter presented to the council
for decision. On any ordinance upon which the mayor has cast a tie-breaking vote, the mayor shall not exercise
histhe power to veto said ordinance.
(Ord. No. 863, § 3, 6-24-91; Ord. No. 1996-1038, § 1, 7-22-96)
Sec. 3.3. Mayor pro tempore.
The council shall elect one (1) of its members to serve as the mayor pro tempore of the city. HeThe mayor
pro tempore shall serve in place of the mayor during the absence or disability of the mayor with all powers and
duties of the mayor, except hethe mayor pro tempore shall not have the power to veto ordinances. In case of a
vacancy in the office of mayor, the mayor pro tempore shall serve as mayor only until the vacancy is filled, as
provided in section 3.11.
Sec. 3.4. City Manager.
The city manager shall be the chief administrative officer of the city. The council, by majority vote of all
members, shall appoint a city manager who shall serve at the pleasure of the council, without definite term and at
a salary fixed by the council. The council shall appoint a city manager within a reasonable time after a vacancy
exists in the position. During the period of any vacancy or extended absence in the office of city manager, the
council shall appoint an acting city manager. The city manager may appoint an employee of the city as acting city
manager during the temporary absence (not to exceed thirty (30) days) of the city manager. Any acting city
manager shall have all of the responsibilities, duties, and authority of the city manager. Pursuant to Charter section
17.7, the city administratormanager serving upon the effective date of this section 3.4, as amended, shall be
deemed to have been appointed city manager as provided hereby.
The city manager shall be appointed with regard to fitness, competency, training, and experience in
professional urban public administration. At the time of histhe appointment, the city manager need not be a
resident of the city, but during histhe city manager’s tenure in office he, shall reside within the city. No mayor shall
be appointed city manager during or within one (1) year after the termination of histhe city manager’smayor’s
elected term.
The city manager is responsible to the council for the operation of the city and may be dismissed by the
council should it determine that such removal is in the best interest of the city. Dismissal of the city manager shall
be by a majority vote of all members of the council. The council shall assure that the city manager performs hisall
duties as provided by this Charter.
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The duties of the city manager shall include, but not be limited to, the following:
(a) Be responsible for the enforcement of the laws and ordinances of the city;
(b) Hire, suspend, transfer and remove city department headsdirectors, who serve under the jurisdiction,
and at the will of, the city manager;
(c) Make appointments of subordinates on the basis of merit and fitness;
(d) Cause a proposed budget to be prepared annually and submitted to the council and be responsible for
the administration of the budget after its adoption;
(e) During the month of July, and as often as the council may require, prepare and submit to the council a
budget status and forecast report with any recommendations for remedial action;
(f) Prepare and submit to the council, as of the end of the fiscal year, a complete report on finances and
administrative activities of the city for the preceding year and, upon the request of the council, make
written or verbal reports at any time concerning the affairs of the city under histhe city manager’s
supervision;
(g) Keep the council advised of the financial condition and future needs of the city and make such
recommendations to the council for adoption as he may deembe deemed necessary or expedient;
(h) Exercise supervision and control over all departments; under histhe city manager’s jurisdiction;
(i) Be responsible for the enforcement of all terms and conditions imposed in favor of the city in any
contract or public utility franchise, and upon knowledge of any violation thereof, report the same to
the council for such action and proceedings as may be necessary to enforce the same;
(j) Execute on behalf of the city all contracts binding the city;
(kj) Provide for engineering, architectural, maintenance, and construction service required by the city;
(lk) Attend council meetings and participate in discussions with the council in an advisory capacity;
(ml) Perform such other duties as may be prescribed by this Charter, by ordinance or required of himthe
city manger by council and which are not inconsistent with this Charter.
(Ord. No. 865, § 3(B), 6-24-91; Ord. No. 1996-1038, § 1, 7-22-96)
Sec. 3.5. Administrative departments.
The administrative functions of the city shall be performed by the departments existing at the time this
Charter is adopted and such other departments as may be hereafter established by ordinance. The council may, by
ordinance, consolidate, merge or abolish any of said departments. Each department shall be under the immediate
control and supervision of a department head director appointed by the city manager and subject to dismissal by
himthe city manager.
(Ord. No. 1996-1038, § 1, 7-22-96)
Sec. 3.6. Relationship of administrative city manager service to council.
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The city managerCity managersThe city manager shall be held accountable to the council for histheir actions
and those of histheir subordinates.
(Ord. No. 1996-1038, § 1, 7-2-96)
Sec. 3.7. Election of city clerk.
The city clerk shall be elected by the greatest number of votes cast for that office by the electors of the City
of Wheat Ridge at each the relevant general municipal election, and shall have the same qualifications as members of the council. Commencing with the general municipal election held on the first Tuesday after the first Monday in
November, 1999, his/herTthe city clerk’s term of office shall be for four (4) years and shall commence on
his/herupon the taking of the oath of office at the ensuing organizational meeting of the city council held after the
election in the year elected and shall continue during the term for which he/she shall havethe city clerk has been
elected until his/hera successor shall have been elected and duly qualified.
(Ord. No. 1999-1168, § 1, 8-26-99; Ord. No. 1519, § 1, 8-27-12)
Editor's note(s)—Amendments to § 3.7 above were ratified at referendum Nov. 2, 1999 and Nov. 6, 2012.
Sec. 3.8. Duties of the city clerk.
(a) The city clerk shall be the clerk of the council and shall attend all meetings of the council and shall keep a
permanent journal of its proceedings.
(b) The city clerk shall be the custodian of the seal of the city and shall affix it to all documents and instruments
requiring the seal and shall attest the same. HeThe city clerk shall also be custodian of all papers, documents
and records pertaining to the city, the custody of which is not otherwise provided for.
(c) The city clerk shall certify by his signature, all ordinances and resolutions enacted or passed by the council.
(d) The city clerk shall provide and maintain in his office a(d) A supply of forms for all petitions required
to be filed for any purpose by the provisions of this Charter or by ordinance enacted hereunder., shall be
provided and maintained in the city clerk’s office.
(e) The city clerk shall have power to administer oaths of office.
(f) The city clerk shall be the chairperson of the election commission.
(g) The city clerk shall publish all notices, proceedings, and other matters required to be published.
(h) The city clerk shall supervise the staff under histhe city clerk’s jurisdiction.
(hi) The city clerk shall perform such other duties as may be prescribed by this Charter or by ordinance.
Sec. 3.9. Election of city treasurer.
The city treasurer shall be elected by the greatest number of votes cast for that office by the electors of the
City of Wheat Ridge at each the relevant general municipal election, and shall have the same qualifications as
members of the council. Commencing with the general municipal election held on the first Tuesday after the first
Monday in November, 1999, his/herTthe city treasurer’s term of office shall be for four (4) years and shall
commence on his/herupon the taking of the oath of office at the ensuing organizational meeting of the city council
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held after the election in the year elected and shall continue during the term for which he/shethe city treasurer
shall have been elected until his/hera successor shall have been elected and duly qualified.
(Ord. No. 1999-1169, § 1, 8-26-99; Ord. No. 1519, § 1, 8-27-12)
Editor's note(s)—Amendments to § 3.9 above were ratified at referendum Nov. 2, 1999 and Nov. 6, 2012.
Sec. 3.10. Duties of the city treasurer.
(a) It shall be the city treasurer's responsibility to establish a system of accounting and auditing for the city which shall reflect, in accordance with generally accepted accounting principles, the financial condition and
operation of the city.
(b) The city treasurer shall be custodian of all public monies belonging to or under the control of the city, or any
office, department, or agency of the city, and shall deposit or invest all monies as directed by the council. All
interest earnings shall be the property of the city and shall be accounted for and credited to the proper city
fund.
(c) The city treasurer shall collect, receive, and disburse on proper authorization, all monies receivable by the
city and all other monies for which the city is responsible for holding in trust.
(d) The treasurer shall supervise the staff under histhe treasurer’s jurisdiction.
(de) The city treasurer shall perform all other duties as may be required by ordinance pursuant to this Charter.
Sec. 3.11. Vacancies in elective offices.
(a) An elected official shall continue to hold his office until hisa successor is duly qualified. An elective office shall
become vacant whenever any officer is recalled, dies, becomes incapacitated, resigns, refuses to serve,
ceases to be a resident of the city, or is convicted of embezzlement of public money, bribery, perjury,
solicitation of bribery or subornation of perjurya felony.
(b) If a vacancy occurs in the office of mayor, the council shall act to call a special election within sixty (60) days
to elect a new mayor, unless said vacancy occurs within one hundred eighty (180) days of the general
municipal election.
(c) If a vacancy occurs in the office of the city clerk or city treasurer, no special election shall be called but such
vacancy shall be filled by appointment by the council for the remainder of the term.
Sec. 3.12. Compensation of elected officials.
Elected officials shall receive such compensation as the council shall prescribe by ordinance; provided they
the council shall neither increase nor decrease the compensation of any elected official during histhe elected
official’s term of office. Elected officials may, upon order of the council, be paid such necessary bona fide expenses
incurred by himthe elected official in service in behalf of the city as are authorized and itemized.
Sec. 3.13. Oath of office.
Every elected officer under this Charter, before entering upon the duties of hisan elected office, shall take an
oath or affirmation of office, that hesaid officer will support the Constitution and the laws of the United States and
of the State of Colorado, and this Charter and the ordinances of the city, and will strive to be responsive to all
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citizensresidents of the city and will faithfully perform the duties of histhe elected office upon which hethe officer
is about to enter.
In case of failure to comply with the provisions of this section within ten (10) days from the date of hisan
elected officer’s appointment, or within ten (10) days from the date prescribed in this Charter to take office, such
officer shall be deemed to have declined the office and such office shall thereupon become vacant unless the
council shall by motion or resolution, extend the time in which such officer may qualify as set forth in this section.
Sec. 3.14. Conflict of interest.
No elected official during histhe term of office shall be a compensated employee of the city, nor shall hean
elected official have any material or significant financial interest, direct or indirect, with the city. In the event that
any elected official or any member of hisan elected official’s family hashave such interest, said elected official shall
declare such interest. If any elected official fails to declare such interest, the council shall determine by a majority
vote whether said interest does in fact constitute a conflict of interest. When such conflict of interest is
established, the council shall take any action it deems to be in the best interest of the city.
Sec. 3.15. Bonding of employees.
All city officials and employees dealing directly with municipal funds or substantial inventories of material
and supplies shall post bond in an amount and under such conditions as required by the council, and at the
expense of the city.
CHAPTER IV. COUNCIL
Sec. 4.1. The city council.
The city council shall consist of eight (8) members. Two (2) councilmembers shall be elected from each of the
four (4) districts.
Sec. 4.2. Council districts.
The city is hereby divided into four (4) districts. The districts shall be contiguous and compact, and shall be
approximately equal in population.
The council shall complete the apportionment of the city into four (4) districts prior to December 31, 1978,
for the purpose of the November 6, 1979, general municipal election. Thereafter the council shall cause such
changes as are necessary to carry out the intent of this section to be made no less than six (6) months prior to the
general municipal election every four (4) years.
Sec. 4.3. Terms of office.
(a) The terms of office of the councilmembers hereafter to be elected in accordance with the provisions of this
Charter shall commence on theirupon the taking the oath of office at the ensuing organizational meeting of
the city council held after the election in the year elected and shall continue during the term for which
theythe councilmember shall have been elected until theirits successors shall have been elected and duly
qualified.
(b) At the general municipal election held on the first Tuesday in November of each odd-numbered calendar
year, one councilmember from each of the four (4) council districts shall be elected to a four-year term of
office by the greatest number of the votes cast for that office.
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(c) It is the intent of this section that councilmembers serve four-year staggered terms of office with four (4)
councilmembers elected at each general municipal election.
(Ord. No. 1997-1082, § 1, 7-28-97; Ord. No. 1519, § 1, 8-27-12)
Editor's note(s)—The amendments to § 4.3 above were ratified at referendum held Nov. 4, 1997 and Nov. 6, 2012.
Sec. 4.4. Qualifications.
(a) No person shall be eligible to hold the office of a councilmember unless, at the time of histhe election, hesuch person is a registered elector, as defined by Colorado Revised Statutes, and is a resident of the
district from which hesaid person is elected for a period of at least twelve (12) consecutive months
immediately preceding the date of the election.
In the event of annexation, any person who lives in the annexed area for a period of twelve (12) consecutive
months immediately preceding the date of election will be deemed a resident of the city, and a resident of the
district and may run as a councilmember from that district. In the event that council boundary lines are changed, a
prospective councilmember shall be eligible to run from the newly defined district if hethat individual has been a
resident of the city and the district from which hesuch individual is elected for a period of at least twelve (12)
consecutive months immediately preceding the date of election.
(b) Each councilmember shall maintain his residency in the city and district throughout histhe term of office. If
an elected official shall move from the city or district during histhe term of office, histhe seat shall be
declared vacant and such vacancy shall be filled by the city council as provided by this Charter.
(c) The city council shall be the judge of the election and qualifications of its own members.
(d) No person shall serve in the office of city councilmember for more than two (2) consecutive terms of office.
This limitation of the number of consecutive terms shall apply to terms of office commencing on or after
November 4, 1997, except as provided at subsection (e) hereof. Any person who succeeds to the office of
councilmember, and who serves at least one-half of a term in that office, shall be considered to have served
a full term in that office. Terms are considered consecutive unless separated by at least four (4) full years.
(e) Incumbent councilmembers as of November 3, 1997, shall be eligible for re-election as follows:
(1) Incumbent councilmembers who will complete six (6) consecutive years in office on November 4, 1997, are
eligible for re-election for either one two-year term or one four-year term in the November 4, 1997 election.
(2) Incumbent councilmembers who will complete four (4) consecutive years in office on November 4, 1997, are
eligible for re-election for one two-year term in the November 4, 1997, election and one subsequent four-
year term in the November, 1999, election or one four-year term in the November 4, 1997, election.
(3) Incumbent councilmembers who will complete two (2) consecutive years in office on November 4, 1997, are
eligible for re-election for one two-year or one four-year term in the November 4, 1997, election and one
subsequent four-year term in either the November, 1999 or 2001 election.
(4) A person elected in the November 4, 1997, election for a two-year term who is not an incumbent on
November 3, 1997, may be re-elected for two (2) additional four-year terms in November, 1999 and 2003.
(Ord. No. 864, § 2, 6-24-91; Ord. No. 865, § 3(A), 6-24-91; Ord. No. 866, § 1, 6-24-91; Ord. No. 1997-1082, § 1, 7-
28-97)
Editor's note(s)—The amendments to § 4.4 above were ratified at referendum Nov. 4, 1997.
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Sec. 4.5. Vacancies.
(a) A councilmember shall continue to hold his office until hisa successor is duly qualified. A council position
shall become vacant whenever any councilmember is recalled, dies, becomes incapacitated, resigns, refuses
to serve, or ceases to be a resident of the city or district from which elected, or is convicted of a felony.
(b) Within thirty (30) days after a vacancy occurs on the council, the remaining councilmembers shall choose by
majority vote a duly qualified person from the proper district to fill such vacancy. HeSaid person shall serve the unexpired term until the following municipal election and hisa successor is duly qualified. If three (3) or
more council vacancies exist simultaneously, the remaining councilmembers shall, at the next regular
meeting of the council, act to call a special election within sixty (60) days to fill such vacancies, provided
there will not be a general municipal election within one hundred eighty (180) days and provided that their
successors have not previously been elected.
Sec. 4.6. Compensation.
The members of the council shall receive such compensation as the council shall prescribe by ordinance;
provided, however, that the compensation of any member during histhe term of office shall not be increased or
decreased. Councilmembers may, upon order of the council, be paid such necessary bona fide expenses as may be
incurred by them in service in behalf of the city as are authorized and itemized.
Sec. 4.7. Powers of council.
The council shall constitute the legislative body of the city and shall have all legislative powers and functions
of municipal government, except as otherwise provided in this Charter, and shall have the power and authority to
adopt such ordinances, resolutions, motions and rules as it shall deem proper.
Sec. 4.8. Oath of office.
Every councilmember under this Charter, before entering upon the duties in histhe office, shall take an oath
or affirmation of office, that hethe councilmember will support the Constitution and the laws of the United States
and of the State of Colorado, and this Charter and the ordinances of the city, and will strive to be responsive to all
citizensresidents of the city, and will faithfully perform the duties of histhe office upon which hethe
councilmember is about to enter.
In case of failure to comply with the provisions of this section within ten (10) days from the date prescribed
in this Charter to take office, such officer shall be deemed to have declined the office and such office shall become
vacant unless council shall by motion or resolution extend the time in which such officer may qualify as above set
forth.
Sec. 4.9. Relationship to administrative service.
No member of the council shall dictate the appointment or duties of any department headdirector or
employee of the city, except as expressly provided in this Charter. The council and its members shall deal with the
administrative service of the city solely through the city manager, and neither council nor its members shall give
orders or reprimands to any employee or subordinate of the city manager. The council retains the prerogative of
requiring the city manager to make verbal or written reports of histhe city manager’s activities, those of histhe city
manager’s subordinates and the administrative service under histhe city manager’s charge, not in conflict with
other provisions of this Charter.
(Ord. No. 1996-1038, § 1, 7-22-96)
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Sec. 4.10. Conflict of interest.
No member of the council, during histhe councilmember’s term of office, shall be a compensated employee
of the city, nor shall hethe councilmember have any material or significant financial interest, direct or indirect, with
the city. In the event that any councilmember or any family member of his family hashave such interest, said
councilmember shall declare such interest. If any councilmember fails to declare such interest, the remaining
members of the council shall determine by a majority vote whether said interest does in fact constitute a conflict of interest. When such conflict of interest is established, the remaining councilmembers shall take any actions they
deemdeemed to be in the best interest of the city.
CHAPTER V. COUNCIL PROCEDURE AND LEGISLATION
Sec. 5.1. Regular meetings.
The council shall meet regularly at least twice each month at a day and hour to be fixed by the rules of
council. The council shall determine the rules of procedure governing meetings. At the first regular meeting
following each general municipal election, the council shall organize as a matter of business and shall not be
restricted from transacting other proper business.
Sec. 5.2. Special meetings.
(a) A special meeting may be called by the city clerk on the written request of the mayor or any two (2)
members of the council provided that each member of the council is given written notice at least twenty-
four (24) hours before the time set for such meeting. Such notice may be either personally served or, left at
the usual place of abode of the members of the council, or sent via electronic mail to each councilmember.
Notice of such special meeting shall also be posted in the office of city clerk and published in any manner
permitted for publication of ordinances pursuant to section 5.12(h) of the Charter at least twenty-four (24)
hours prior to such a special sessionmeeting.
(b) An emergency special meeting may be called by the city clerk at any time on a written request from the
mayor or five (5) members of the council. Such request shall state that the matter to be considered is an
emergency of such gravity that irreparable harm would come to the city if there was any further delay in
council action. The nature of the emergency shall be stated in detail in a written notice to each councilmember, a notice posted in the office of the city clerk, and in the minutes of the special meeting. A
vote shall also be taken at the beginning of such special meeting as to whether there is in fact an emergency
and the vote of each member of the council shall be individually recorded.
(Ord. No. 1351, § 1, 8-23-05)
Sec. 5.3. Business at special meetings.
No business shall be discussed or transacted at any special meeting of the council unless it has been stated in
the official notice of such meeting issued by the city clerk.
Sec. 5.4. Quorum; adjournment of meeting.
A majority of the members of the council in office at the time shall be a quorum for the transaction of
business at all council meetings, but in the absence of a quorum a lesser number may adjourn any meeting to a
later time or date, and in the absence of all members the city clerk may adjourn any meeting for not longer than
one (1) week.
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Sec. 5.5. Council attendance at meetings.
A majority of the members of the council may, by vote, either request or compel the attendance of its
members and other officers of the city at any meeting of the council. Any member of the council or other officer
who then [when] notified of such request for his attendance fails to attend such meeting for reasons other than
confining illness or absence from the city, or because said councilmember or officer is attending a meeting as a
representative of the city, shall be deemed guilty of misconduct in office unless excused by the council.
Sec. 5.6. Meetings to be public.
All regular and special meetings of the council shall be open to the public, except executive sessions held in
accordance with section 5.7, and citizensresidents shall have a reasonable opportunity to be heard under such
rules and regulations as the council may prescribe.
Sec. 5.7. Executive sessions.
(a) An executive session of the city council may be convened only if the majority of the council vote publicly to
hold such a session, the subject matter to be considered is one of those listed in subsection (b) of this section
and a public announcement is made as to which category of subsection (b) the matter concerns. No formal
votes may be taken in any executive session.
(b) An executive session may be convened only on the following matters:
(1) Legal Consultation. The city council may convene an executive session under the following conditions:
(A) A suit has been filed against the city or the city has received formal written notice that a suit
against the city is imminent.
(B) The city council is considering instituting legal action against another party.
(C) The city council has knowledge of violations of the law and is considering the possibility of
criminal prosecution.
(D) Conferences with the city attorney for the purpose of receiving legal advice on specific legal
questions.
(2) Personnel Matters. Personnel matters concerning individual city employees and council appointees
may be considered in an executive session. Individual city employees may request such a session.
Notwithstanding Charter section 3.4, the city manager shall not attend an executive session concerning
his/herthe city manager’s own performance unless the council so directs.
(3) Real Estate Appraisals. The city council may convene an executive session to consider real estate
appraisals made for the purpose of the possible acquisition of real property or an interest therein for
public use, or the sale of any real property owned by the city. However, no executive session shall be
convened to discuss the merits of purchasing real property for public use or the sale of real property
owned by the city, or any other matters pertaining to land acquisition or sale.
(c) The city clerk shall make a tape recording and prepare the minutes of all executive sessions. Such recordings
and minutes shall be closed to the public unless a majority of the council votes to make them available to the
public. The mayor, any member of the council, or the city attorney may examine such tapes or
minutesrecordings at any reasonable time under the direct supervision of the city clerk. The city clerk may
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also release such tapes and minutesrecordings pursuant to a valid court order in any action challenging the
legitimacy of an executive session.
(Ord. No. 1996-1038, § 1, 7-22-96; Ord. No. 1999-1173, § 1, 8-23-99; Ord. No. 1225, § 1, 9-10-01)
Sec. 5.8. Council acts.
The council shall act only by ordinance, resolution or motion. All legislative enactments of a permanent
nature shall be by ordinance; all other actions, except as provided in this Charter, may be in the form of resolutions or motions. All ordinances and resolutions shall be confined to one (1) subject, except in the case of repealing
ordinances. Ordinances making appropriations shall be confined to the subject of appropriation, but may include
more than one (1) appropriation.
Sec. 5.9. Voting.
The vote by "yes" or "no" shall be taken upon the passage of all ordinances, resolutions, and motions and
entered upon the minutes of the council proceedings. Every ordinance shall require the affirmative vote of the
majority of the entire council for final passage, except as provided for zoning and rezoning ordinances in section
5.10, sale of real property in section 16.5 or elsewhere provided in this Charter. Resolutions and motions shall
require the affirmative vote of a majority of the councilmembers present. No member of the council shall vote on
any question in which hethe councilmember has a personal or financial interest, other than the common public
interest, or on any question concerning histhe councilmember’s own conduct, and in said instances the member
shall disclose this interest to the council. On all other questions each member who is present shall vote unless
excused by the unanimous consent of the remaining members present. Any member refusing to vote, except when
not so required by this paragraph, shall be guilty of misconduct in office. At the request of any member of the
council any vote shall be taken simultaneously in a manner prescribed by the council; provided, however, that the
vote of each member shall be publicly announced immediately thereafter.
Sec. 5.10. Action by ordinance required.
In addition to such acts of the council as are required by other provisions of this Charter to be by ordinance,
every act amending or repealing any ordinance or section of an ordinance, making an appropriation, creating an
indebtedness, authorizing borrowing of money, levying a tax, establishing any rule or regulation for the violation of
which a penalty is imposed, or placing any burden upon or limiting the use of private property, shall be by
ordinance; provided, however, that this section shall not apply to the budget adoption in section 10.9. Zoning and
rezoning shall be governed by the statutes of the State of Colorado as now existing or hereafter amended or
modified unless superseded by new procedures set forth in a duly adopted ordinance, except as follows:
The council shall have the power to amend, supplement, change, or repeal the regulations, restrictions and
boundaries of zoning districts within the city. Such changes shall be adopted by ordinance after a public hearing at
which parties in interest and citizensresidents shall have an opportunity to be heard.
In the event of a protest against such changes signed by the owners of twenty (20) percent or more of the
area:
(1) Of the property included within the proposed change; or,
(2) Of those immediately adjacent to the rear or any side of the property, extending one hundred (100)
feet from the property; or,
(3) Of those directly opposite across the street from the property, extending one hundred (100) feet from
the street frontage of such opposite property,
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such changes shall not become effective except by the favorable vote of three-fourths of the entire city council.
Where land within the area proposed for change, or adjacent or opposite land as defined above is owned by the
City of Wheat Ridge, such property shall be excluded in computing the required twenty (20) percent, and owners
of noncity land within the one-hundred-foot limit as defined above shall be considered adjacent or opposite
despite such intervening city land.
The written protest to such changes shall be submitted to the city council no later than the hearing on the
proposed amendment. At least fifteen (15) days' notice of the time and place of the hearing, and the address and
legal description of the property, shall be published in an official paper or paper of general circulation within the
city, and notice of the hearing shall also be posted on the property so that it is easily visible to neighboring
property owners. Said notices shall contain the statement that specific plans for the proposed changes are
available for inspection at the Wheat Ridge City Hall. The procedure for receiving and determining the validity of
protests and conducting the required hearing shall be established by the council by ordinance.
(As amended 7-12-83. Effective upon adoption 7-12-83)
Sec. 5.10.1. Building height and density limitations.
(a) Height limitations. The city shall not, by ordinance, resolution, motion, permit, or other action, or variance
except as provided in subsection (e), allow the construction of buildings or other structures which exceed the
following maximum heights:
(1) Thirty-five (35) feet for the following: All residential, planned residential and agricultural districts,
including any created after passage of this amendment; residential buildings when built in
nonresidential districts; the hospital-one district; and the restricted commercial-one district.
(2) Fifty (50) feet for the following: Any other commercial, planned commercial, industrial or planned
industrial districts; the public buildings and facilities district; commercial and office buildings
constructed in the hospital-two district; and any nonresidential district created after passage of this
amendment.
(3) Sixty-five (65) feet, but in no event more than six (6) stories above grade, for new hospitals in the
hospital-two district, on a minimum lot area of fifty (50) acres; however, additions attached to existing
hospitals in this district may be built to a height not to exceed the height of the existing building.
The height limitations established shall not apply to the following: SChurch steeples, silos, decorative domes and
cupolas not used for human occupancy or any commercial, business or industrial use, nor to windmills, chimneys,
ventilators, transmission towers, solar heating and cooling devices, water towers, antennas, or necessary
mechanical appurtenances normally carried above the roofline, but the city council may, by ordinance, establish
height limitations for these structures.
(b) Density Limitations. The city shall not, by ordinance, resolution, motion, variance, permit or other action,
allow the construction of residential buildings in any zone district which exceed a maximum of twenty-one
(21) family units per acre, except that nursing homes shall not be required to meet this density maximum. In order that land required to support a previous building permit not be used again as a means of
circumventing the above maximum, the following shall apply: No subdivision, variance, rezoning or permit
shall be approved or granted on said land which subtracts the supporting land and thereby leaves the
existing building nonconforming by these standards. The maximum of twenty-one (21) units per acre shall
apply to the total parcel, including both existing and proposed construction.
(c) Definitions.
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(1) Height: The vertical distance measured from the average elevation of the finished grade of the building
to the highest point of the roof surface if a flat roof, to the deck line of a mansard roof, and to the
mean height level between eaves and ridge for a gable, hip, gambrel or other roof.
(2) Residential: Intended for human occupancy, including homes for the aged and nursing homes, but
excluding hospitals, and motels and hotels for transient occupancy.
(3) ResidentialFamily unit: One (1) or more persons related by blood, marriage, or adoption, or no more
than three (3) unrelated persons living together as a single housekeeping residential unit. This
definition is intended to be utilized and applied only as a standard for computing maximum density in
new, multiunit construction; it shall not, unless reenacted as a portion of the Wheat Ridge Code of
Laws, be utilized for any purpose except density computations under this Charter section. If a single
housekeeping unit is designed for the use of more than three (3) unrelated persons, such as, but not
limited to, the handicapped or elderly, each three (3) persons in any such unit shall constitute one (1)
family unit.
(d) Nonconforming structures. This amendment applies only to new construction; buildings and other structures
legally in existence at the time of passage of this amendment shall not become nonconforming because of
the adoption of these new density and height limits.
(e) Variances. The board of adjustment shall have the power to interpret terms and definitions in this
amendment, and to allow a variance to maximum height, not to exceed ten (10) percent, upon a finding that
not granting the variance would cause an extreme hardship. The city council and other boards may not grant
variances from these standards, but nothing in this amendment shall be construed to limit the council from
imposing more stringent height and density standards in any zoning district.
(f) Notwithstanding any other provision of this section 5.10.1, the limitations upon building height and
residential density contained herein shall not apply within the following areas of the city: (1) that area
described in the Wheat Ridge Town Center Project Urban Renewal Plan, adopted December 14, 1981 and
amended by Resolution 13-2001 on April 23, 2001, specifically as diagramed in Exhibits 1 and 2 and
described in Exhibit 3 of said resolution, and (2) that area described in the Wadsworth Boulevard Corridor
Redevelopment Plan, adopted October 22, 2001, without modifying any current zoning on any property and preserving existing height and density limitations in the Wheat Ridge Code of Laws unless and until modified
through future ordinances approved by city council after public hearings.
(g) Notwithstanding any other provision of this section 5.10.1, the limitations upon building height and
residential density contained herein shall not apply within the following areas of the city: (1) that area
described in the West 44th Avenue/Ward Road redevelopment plan, adopted October 22, 2001, and (2) that
area described in the I-70/Kipling Corridors Urban Renewal Plan, adopted August 10, 2009, excluding
therefrom all properties in the plan area along the Kipling Street Corridor South of 44th Avenue and all
properties in the plan area east of Interstate 70, North of 32nd Avenue, west of Ward Road and south of the
WEST West 44th Avenue/Ward Road Redevelopment Plan Area, without modifying any current zoning on
any property and preserving existing height and density limitations in the Wheat Ridge Code of Laws unless
and until modified through future ordinances approved by city council after public hearings.
(Adopted 7-12-83; effective upon adoption; Ord. No. 1452, §§ 1, 2, 8-24-09)
Sec. 5.11. Form of ordinances.
Every ordinance shall be introduced in written or printed form. The enacting clause of all ordinances shall be:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE. The effective date of all ordinances shall be
fifteen (15) days from the date of final publication of said ordinance unless another date is prescribed therein, or
otherwise provided for elsewhere in this Charter.
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Sec. 5.12. Procedure.
Except for emergency ordinances, ordinances making general codifications of existing ordinances, and
ordinances adopting standard codes, the following procedure for the enactment of ordinances shall be followed:
(a) The ordinance shall be introduced at any regular meeting of the council by any member thereof.
(b) The ordinance shall be read in full or, in cases where copies of the ordinance are available to the
council and to those persons in attendance at said council meeting, said ordinance may be read by title
only.
(c) After the first reading of the ordinance, the same shall be approved or rejected by a vote of the council.
(d) If the ordinance is approved on first reading, it shall be published in full. The council shall set a day,
hour, and place at which the council shall hold a public hearing on the ordinance and notice of said day,
hour and place shall be included in the first publication.
(e) The ordinance shall be introduced at council a second time, at a meeting not earlier than seven (7) days
after first publication, for final approval, rejection, or other action as may be taken by vote of the
council. This meeting may be the same meeting at which the public hearing on the ordinance is held,
but the public hearing shall precede action on the ordinance. The ordinance may be amended before
final approval by vote of the council.
(f) After final approval, an ordinance shall be published by title or in full as the council may determine. If
amended, an ordinance shall be published by title and full text of the amendment or in full as the
council may determine.
(g) Whenever an ordinance shall be published by reference or by title, the publication shall contain a
summary of the subject matter of said ordinance and shall contain a notice to the public that copies of
the proposed ordinance are available at the office of the city clerk. The publication of any ordinance, by
reference or by title, as provided herein must set forth in full any penalty clause contained in said
ordinance.
(h) The requirements for publication of ordinances contained herein may be satisfied by publication in a
newspaper of general circulation in the City of Wheat Ridge, by posting a copy thereof at the location
or locations designated by resolution of the council, by posting on the city's website, by posting on the
iInternet, or in any other manner determined by the council to adequately advise the public.
(Ord. No. 1351, § 1, 8-23-05)
Sec. 5.13. Emergency ordinances.
Emergency ordinances for the immediate preservation of public property, health, peace, or safety shall be
approved only by the majority vote of councilmembers present at the meeting. The facts showing such urgency
and need shall be specifically stated in the measure itself. No ordinance making a grant of any special privilege,
levying taxes, or fixing rates charged by any city-owned utility shall ever be passed as an emergency measure. An
emergency ordinance shall require passage at one (1) meeting of the council. However, neither a public hearing
nor a first publication as provided in section 5.12 shall be required. An emergency ordinance shall take effect upon
final passage. Publication shall be within ten (10) days after passage, or as soon thereafter as possible. An
emergency ordinance shall not be in effect longer than ninety (90) days after passage, and shall not again be
passed as an emergency ordinance.
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Sec. 5.14. Veto by mayor.
The mayor shall have the power to veto any ordinance passed by the council subject to the following:
(a) Every ordinance passed by the council shall be presented to the mayor within forty-eight (48) hours
thereafter. If he approvesapproved, such ordinance he shall sign itbe signed by the mayor within three
(3) days after receiving it.
(b) The mayor must exercise the power of veto with a complete written explanation of the reasons therefor addressed and delivered to each councilmember within seven (7) days from the date of its
final passage.
(c) The mayor's veto may be overridden only by an affirmative vote of three-fourths of the entire council
at the next regular meeting following the veto.
(d) If the mayor does not return the ordinance with histhe veto to the council within the time specified, it
shall take effect as if heit had been approved it.
(e) The mayor shall not have veto power on any emergency ordinance.
Sec. 5.15. Codification of ordinances.
The council shall cause the ordinances to be codified and thereafter maintained in current form. Revisions to
the codes may be accomplished by reference as provided in section 5.16.
Sec. 5.16. Standard codes adopted by reference.
Standard codes, promulgated by the federal government, the State of Colorado, or by any agency of either of
them, or by any municipality within the State of Colorado, or by any recognized trade or professional organization,
or amendments or revisions thereof, may be adopted by reference; provided the publication of the ordinances
adopting any said code shall advise that copies are available for inspection at the office of the city clerk, and
provided that any penalty clause in any code may be adopted only if set forth in full and published in the adopting
ordinance.
Sec. 5.17. Severability of ordinances.
Unless an ordinance shall expressly provide to the contrary, if any portion of an ordinance or the application
thereof to any person or circumstances shall be found to be invalid by a court, such invalidity shall not affect the
remaining portions or applications of the ordinance which can be given effect without the invalid portion or
application, provided such remaining portions or applications are not determined by the court to be inoperable,
and to this end ordinances are declared to be severable.
Sec. 5.18. Disposition of ordinances.
A true copy of every ordinance, as adopted by the council or electorate, shall be numbered and recorded in
the official records of the city. Its adoption and publication shall be authenticated by the signatures of the mayor
or mayor pro tempore, and the city clerk and by the certificate of publication. The failure to record, or
authenticate any ordinance shall not, however, invalidate, suspend, or void such ordinance.
Sec. 5.19. Public records.
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All public records of the City of Wheat Ridge shall be open for inspection by any person at reasonable times
in accordance with state statutes existing at the present time or hereafter enacted or hereafter amended by
ordinance adopted pursuant to this Charter.
Sec. 5.20. Street width designation.
The city council shall have the sole authority and responsibility to determine the width of all city streets
within the boundaries of the City of Wheat Ridge. Such authority and responsibility cannot be delegated to any other body or individual(s), the only exception being the election procedure specifically set forth in this Charter
section. Street width shall be determined by the flowline of the street. Flowline is defined as the measurement
from the inside edge of one (1) curb to the inside edge of the opposite curb. Where no curb is planned to be
constructed, flowline shall be defined as the measurement from the outside edge of one (1) side of the driving
surface of the street, to the outside edge of the opposite side of the driving surface of the street.
Within one (1) year prior to construction or reconstruction of a street, the city council shall hold a public
hearing to determine the flowline of such street. Following the public hearing, the council shall adopt such flowline
as the street's official street width designation.
In the event of a protest against such proposed street width designation signed by the owners of:
(1) Twenty (20) percent of the property immediately adjacent or contiguous to either side of such street;
or
(2) Ten (10) percent of the property lying within three hundred (300) feet of either side of such street,
such proposed street width designation shall not become effective except by the favorable vote of three-fourths
(¾) of the entire city council. Property does not need to be entirely contained within the three hundred (300) foot
area to be used in the computation of the ten (10) percent necessary to file a protest. Only the portion of the
property that actually lies within the three hundred (300) foot area is used to compute the ten (10) percent
required to file a protest. Where the City of Wheat Ridge owns property or has right-of-way within three hundred
(300) feet of either side of the street, then such city-owned land or right-of-way shall be excluded from the
computation of the required percentage of properties needed to file a protest to the proposed street width
designation. Owners of noncity land shall be considered immediately adjacent or contiguous to the street, or
within three hundred (300) feet of either side of such street, despite such intervening city-owned land or right-of-
way.
The written protest to such proposed street width designation shall be submitted to the city council no later
than the conclusion of the public hearing on the proposed street width designation. At least fifteen (15) days'
notice of the time and place of the hearing shall be published in the newspaper used by the city to publish legal
notices, and notice of such public hearing shall be mailed by certified letter to all property owners within three
hundred (300) feet of both sides of such street.
Said notice shall contain:
(1) A description of the proposed street width designation and a statement that the specific plans for the
proposed street width designation are available for inspection at the Wheat Ridge Municipal Building;
and
(2) An explanation of the right of the property owners to protest such proposed street width designation,
and how to exercise such right; and
(3) The full and complete text of this Charter section.
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All publication and notification requirements set forth in this Charter section shall be performed by the city clerk.
If at any time within forty-five (45) days after a favorable vote by city council of such proposed street width
designation, a petition signed by at least five (5) percent of the registered electors of the city council district(s)
immediately adjacent or contiguous to such street be presented to the council against the going into effect of such
proposed street width designation; the same shall thereupon be immediately suspended and the council shall
publish notice of and call an election upon the proposed street width designation. Said election shall be held not
less than thirty (30) days nor more than one hundred eighty (180) days after publication of the notice thereof.
Only registered electors in the city council district(s) immediately adjacent or contiguous to such street shall
be eligible to vote on the proposed street width designation. If a majority of the registered electors in the city
council district(s) immediately adjacent or contiguous to such street voting thereon vote for such proposed street
width designation, the proposed street width designation shall be deemed approved. For purposes of ballot
tabulation, the total votes of all electors who cast ballots from one or more city council district(s) shall be counted
together.
If any provision of this Charter section or the application in any particular case, is held invalid, the remainder
of this Charter section and its application in all other cases shall remain unimpaired. Anything in the Charter or
ordinances of the City of Wheat Ridge in conflict or inconsistent with the provisions of this Charter section is
hereby declared to be inapplicable to the matters and things covered and provided for by this Charter section. This
Charter section shall take effect immediately upon passage.
(Amend. of 11-7-95)
CHAPTER VI. INITIATIVE AND REFERENDUM
Sec. 6.1. Initiative.
(a) Any proposed ordinance may be submitted to the council by petition signed by registered electors of the city
equal in number to the percentage hereinafter required.
(b) An initiative petition accompanying the proposed ordinances signed by registered electors of the city equal
in number to fifteen (15) percent of the total vote cast, in the City of Wheat Ridge, in the last gubernatorial
election, shall be filed with the city clerk at least sixty (60) days prior to any general or special municipal
election, and shall contain a request that said proposed ordinance be submitted to a vote of the people if not
passed by the council. The council shall within thirty (30) days after the attachment of the city clerk's
certificate of sufficiency to the accompanying petition either (1) pass said ordinance without alteration, or (2)
call a special election, unless a general municipal election is fixed within one hundred eighty (180) days
thereafter, and at such special or general municipal election, said proposed ordinance shall be submitted
without alteration to the vote of the registered electors of the city.
(c) An initiated ordinance shall be published in like manner as other proposed ordinances. The ballot upon
which such proposed ordinance is submitted shall state briefly the nature for the proposal and it shall
contain the words "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE." If a majority of the registered
electors voting thereon shall vote in favor thereof, the same shall thereupon without further publication
become an ordinance of the city.
(d) The provisions of this section shall in no way affect nor preclude the procedures for recall of any elected
official or officer as provided in this Charter.
Sec. 6.2. Referendum.
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(a) The referendum shall apply to all ordinances passed by the council.
(b) If at any time within forty-five (45) days after the final passage of an ordinance to which the referendum is
applicable, a petition signed by registered electors equal in amount to at least ten (10) percent of the total
vote cast, in the City of Wheat Ridge, in the last gubernatorial election be presented to the council against
the going into effect of any ordinance, the same shall thereupon be suspended and the council shall
reconsider such ordinance; and if the same be not entirely repealed shall submit the same to a vote of the
registered electors of the city in a manner as provided in respect to the initiative at the next regular
municipal election, or at a special election called therefor. If a majority of the registered electors vote in
favor of such ordinance, it shall go into effect without further publication.
Sec. 6.3. Ordinances referred to the people.
(a) The council, on its own motion, shall have the power to submit at a general or special election any proposed
ordinance or question to a vote of the people in a manner as in this Charter is provided.
(b) If provisions of two (2) or more proposed ordinances adopted or approved at the same election conflict, the
ordinance or provision in conflict receiving the highest affirmative vote shall become effective.
Sec. 6.4. Certificate of city clerk; amendment of petition.
Within ten (10) days from the filing of any initiative or referendum petition, the city clerk shall ascertain
whether the petition is signed by the requisite number of registered electors, and if sufficient shall attach thereto a
certificate of sufficiency showing the result of such examination. If the petition is insufficient, the city clerk shall issue a certificate of insufficiency and on the same day send a copy of the same to forthwith in writing notify one
(1) or more of the persons designated as filing the same on the petition. Commencing on the day after the date of
the certificate of insufficiency, tThe petition may thereafter then be amended within ten (10) days from the filing
of the certificateby the petitioners obtaining additional signatures of registered electors only during said ten (10)
day period. The city clerk, within five (5) working days after such amendment, shall make the examination of the
amended petition and attach thereto a certificate of the result. If still insufficient, the city clerk shall return the
petition to one (1) of the persons designated thereon as filing it, without prejudice to the filing of a new petition
for the same purpose, but such petition shall not be refiled within one (1) year after return by the city clerk.
Sec. 6.5. Prohibition of amendment or reenactment.
An ordinance adopted by the electorate may not be amended or repealed for a period of six (6) months after
the date of the election at which it was adopted, and an ordinance repealed by the electorate may not be
reenacted for a period of six (6) months after the date of the election at which it was repealed; provided however,
that ordinances may be adopted, amended or repealed at any time by appropriate referendum or initiative
procedure in accordance with the foregoing provisions of this Charter, or if submitted to the electorate by the
council on its own motion.
Sec. 6.6. Implementation.
The council may adopt such additional rules and regulations by ordinance as are deemed necessary to
implement this chapter on initiative and referendum.
CHAPTER VII. PERSONNEL
Sec. 7.1. Personnel system.
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The council may establish, modify, or eliminate a system or systems to handle personnel matters as it deems
necessary.
CHAPTER VIII. LEGAL AND JUDICIARY
Sec. 8.1. City attorney.
The council shall appoint a city attorney to serve for an indefinite term at the pleasure of the council. HeThe
city attorney shall be an attorney-at-law admitted to practice in Colorado and have at least five (5) years'
experience in the practice of law. The council may provide the city attorney such assistants, facilities and
considerations as council may deem necessary, and may on its own motion or upon request of the city attorney,
employ special counsel. The council shall establish compensation for the city attorney, histhe city attorney’s
assistants and special counsel.
The city attorney shall be the legal representative of the city and shall represent the city in all cases and in all
courts. The city attorney shall act as legal adviser to the council and other city officials in matters relating to their
official powers or duties when requested and shall provide a copy of any written opinion to the city clerk.
The city attorney shall also perform such other duties as the council may prescribe by ordinance or
resolution.
Sec. 8.2. Municipal court.
There shall be a municipal court which shall have jurisdiction to hear and determine all cases arising under
this Charter or the ordinances of the City of Wheat Ridge. The council shall appoint a presiding judge. The council
may also appoint one (1) or more associate judges, who shall sit at such times and upon such cases as shall be
determined by the presiding municipal judge. Such associate judge shall have all the powers of a municipal
presiding judge and hisany orders and judgments shall be those of the municipal court.
All judges shall be members in good standing of the Bar of the State of Colorado, and shall have a minimum
of five (5) years' experience on the bench or in the active practice of law in the State of Colorado immediately prior
to appointment.
Sec. 8.3. Tenure and removal of judges.
The council shall appoint all judges for a term of two (2) years and they may be removed by the council
during their term only for cause. A judge may be removed for cause if a judge:
(a) He isIs found guilty of a felony or any other crime involving moral turpitude;
(b) He hasHas a disability which interferes with the performance of his duties, and which is, or is likely to
become, of permanent character;
(c) He hasHas willfully or persistently failed to perform histhe duties; or
(d) He isIs habitually intemperate.
Sec. 8.4. Duties of the presiding judge.
The presiding judge shall have the following duties, in addition to presiding in court, the presiding judge:
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(a) He shallShall formulate and amend the local rules of the court with the approval of the Colorado
Supreme Court.
(b) He shallShall supervise all court personnel.
(c) He shallShall submit a yearly budget request to the council for the proper functioning of the court.
Sec. 8.5. Compensation of judges.
All judges shall receive a fixed salary or compensation set by the council, by ordinance, and such salary or compensation shall not be dependent upon the outcome of the matters to be decided by the judges. A judge's
compensation may not be reduced during the term of histhe judge’s appointment.
CHAPTER IX. BOARDS AND COMMISSIONS
Sec. 9.1. Existing boards and commissions.
All boards and commissions in existence at the time of adoption of this Charter, shall continue in existence as
provided in the respective ordinances, except as otherwise provided by ordinance or this Charter.
Sec. 9.2. Right to establish.
The council shall have the power and authority to create boards and commissions as deemed necessary
including advisory and appeal boards. Advisory boards may be created by resolution. All other boards and
commissions, including appeal boards, shall be created by ordinance, which shall set forth the powers and duties
delegated to such board or commission.
Sec. 9.3. Appointments to boards or commissions.
The council shall make all appointments to all boards and commissions and shall specify the term of office of
each individual in order to achieve overlapping tenure. All boards and commissions shall have approximately equal
representation from each council district. All members shall be residents of the city, registered voters and shall be
subject to removal for just cause by the council. The council shall also make appointments to fill vacancies for
unexpired terms.
Sec. 9.4. Procedures of boards and commissions.
Each board and commission shall operate in accordance with its own rules of procedure except as otherwise
directed by the council. All meetings of any board or commission shall be open to the public except that any board
or commission may hold an executive session provided that the same provisions that apply to the city council in
section 5.7 shall be applicable. Minutes of all board and commission meetings shall be kept in the office of the city
clerk.
CHAPTER X. FINANCE AND BUDGET
Sec. 10.1. Fiscal year.
The fiscal year of the city and all its agencies shall begin on the first day of January and end on the thirty-first
day of December of each year.
Sec. 10.2. Submission of budget.
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Prior to the beginning of each fiscal year, the city administration shall prepare and submit to the council a
recommended budget for the next fiscal year and an accompanying message.
Sec. 10.3. Budget message.
The city administration manager’s message shall explain the budget both in fiscal terms and in terms of the
work programs. It shall outline the proposed financial policies of the city for the next fiscal year, describe the
important features of the budget, indicate any major changes from the current year in financial policies, expenditures and revenues, together with the reasons for such changes, summarize the city's debt position, and
include such other material as the administration city manager deems desirable or which the city council may
require.
Sec. 10.4. Budget content.
The budget shall provide a complete financial plan of all municipal funds and activities for the next fiscal year
and, except as required by ordinance or this Charter, shall be in such form as the city administration manager
deems desirable or the council may require. In organizing the budget, the city administration manager shall utilize
the most feasible combination or expenditure classification by fund, organization unit, program, purpose or
activity, and object. It shall begin with a clear general summary of its contents and shall be arranged so as to show
comparative figures for actual and estimated income and expenditures of the preceding fiscal year. It shall include
the following in separate sections unless otherwise provided by ordinance:
(a) Anticipated revenues classified as cash surplus, miscellaneous revenues, and amounts to be received
from ad valorem taxes; cash surplus being defined for purposes of this Charter as the amount by which
cash is expected to exceed current liabilities and encumbrances at the beginning of the next fiscal year;
(b) Proposed expenditures for current operations during the next fiscal year, detailed by offices,
departments and agencies in terms of their respective work programs, and the method of financing
such expenditures;
(c) A reasonable provision for contingencies;
(d) A capital depreciation account;
(e) Required expenditures for debt service, judgments, cash deficient recovery and statutory expenditures;
(f) Proposed capital expenditures during the next fiscal year, detailed by offices, departments and
agencies when practicable, and the proposed method of financing each such capital expenditure;
(g) Anticipated net surplus or deficit for the next fiscal year for each utility owned or operated by the city
and the proposed method of its disposition; subsidiary budgets for each such utility giving detailed
income and expenditure information shall be attached as appendices to the budget;
(h) The bonded and other indebtedness of the city, showing the debt redemption and interest
requirements, the debt authorized and unissued, and the condition of sinking funds, if any;
(i) Such other information as the council may request.
Sec. 10.5. Balanced budget required.
The total of proposed expenditures shall not exceed the total of estimated revenue.
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Sec. 10.6. Capital program.
(a) The city administrationmanager, with such assistance as the council may direct, shall prepare and submit to
the council a long-range capital program, simultaneously with the recommended budget.
(b) The capital program shall include the following, unless otherwise provided by ordinance:
1. A clear general summary of its contents;
2. A list of all capital improvements which are proposed to be undertaken during the following fiscal
years, with appropriate supporting information as to the necessity for the improvement;
3. Cost estimates, method of financing and recommended schedules for each such improvement;
4. The estimated annual cost of operating and maintaining the facilities to be constructed or acquired;
5. Such other information as the council may request.
This information shall be revised or extended each year with regard to capital improvements still pending or in
process of construction or acquisition.
Sec. 10.7. Public hearing.
A public hearing on the proposed budget and proposed capital program shall be held before its final
adoption at such time and place as the council may direct. Notice of such public hearing and notice that the
proposed budget is on file for public inspection in the office of the city clerk shall be published one (1) time at least
seven (7) days prior to the hearing.
Sec. 10.8. Council amendments.
After the public hearing, the council may adopt the budget with or without amendment. In amending the
budget, it may add or delete any programs or increase or decrease any amounts, except expenditures required by
law or for debt service or for estimated cash deficit. However, the total of proposed expenditures shall not exceed
the total of estimated revenue.
Sec. 10.9. Council budget adoption.
The council shall adopt the budget by resolution on or before the final day established by statute for the
certification of the next year's tax levy to the county. If it fails to adopt the budget by this date, the amounts
appropriated for the operation for the current fiscal year shall be deemed adopted for the next fiscal year on a
month-to-month basis, with all items in it prorated accordingly, until such time as the council adopts the budget
for the next fiscal year.
Sec. 10.10. Property tax levy and budget appropriations.
Adoption of the budget by council shall constitute appropriations of the amounts specified therein as
expenditures from the funds indicated and shall constitute a levy of the property tax therein proposed. Council
shall cause the same to be certified to the county as required by statute.
Sec. 10.11. Budget status report.
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During the month of July, and as often as the council may require, the administration city manager shall
present a budget status and forecast report to the city council with any recommendations for remedial action.
Sec. 10.12. Amendments after adoption.
(a) Supplemental Appropriations. If during the fiscal year the city administration manager determines that there
are available for appropriation revenues in excess of those estimated in the budget, the council by resolution
may make supplemental appropriations for the year up to the amount of the excess.
(b) Emergency Appropriations. To meet a public emergency affecting life, health, property, public safety or the
public peace, the council may make emergency appropriations. Such appropriations may be made by
emergency ordinance in accordance with section 5.13 of this Charter. To the extent that there are no
available unappropriated revenues to meet such appropriations, the council may by emergency ordinance
authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency
notes and renewals of any fiscal year shall be paid not later than the last day of the fiscal year next
succeeding that in which the emergency appropriation was made.
(c) Reduction of Appropriations. If at any time during the fiscal year it appears probable to the administration
city manager that the revenues available will be insufficient to meet the amount appropriated, this shall be
reported to the council without delay, indicating the estimated amount of deficit, any remedial action taken
and recommendation as to any other steps to be taken. The council shall then take action to prevent or
minimize any deficit and for that purpose it may by resolution reduce one (1) or more appropriations.
(d) Transfer of Appropriations. Any time during the fiscal year, the administration city manager may transfer part
or all of any unencumbered appropriation balance among programs within a fund, department, office or
agency. and, upon written request by the administration, the council may by resolution transfer part or all of
any unencumbered appropriation balance from one (1) department, office, agency, or object to another.
(e) Limitation—Effective Date. No appropriation for debt service may be reduced below any amount required to
be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and
emergency appropriation and reduction or transfer of appropriations authorized by this section may be
made immediately upon adoption.
(f) No Contract to Exceed Appropriation. During each and any fiscal year, no contract entered into by or on
behalf of the city shall expend or contract to expend any money, or to incur any liability, nor shall any
contract be entered into nor any bid be awarded by or on behalf of the city which, by its terms, involves the
expenditure of money for any of the purposes for which provision is made either in the adopted budget or
adopting resolution, including any legally authorized amendments thereto, in excess of the amount
appropriated in the budget or approved contract or bid award. Any contract or bid award, either verbal or
written, made in violation of the provisions of this section shall be void as to the city and no city monies from
any source whatsoever shall be paid thereon.
(Ord. No. 867, § 3(b), 6-24-91)
Sec. 10.13. Lapse of appropriation.
Every appropriation, except an appropriation for a capital expenditure fund or special fund, shall lapse at the
close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation for a capital
expenditure fund or special fund shall continue in effect until the purpose for which it has been established is
accomplished or abandoned.
Sec. 10.14. Public record.
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Copies of the budget and capital program as adopted shall be public records and shall be made available to
the public in the city clerk's office.
Sec. 10.15. Independent audit.
An independent certified audit shall be made of all city accounts annually, and more frequently if deemed
necessary by the council. Such audit shall be made by certified public accountants experienced in municipal
accounting selected by the council.
CHAPTER XI. TAXATION
Sec. 11.1. Tax authority and limitations.
The council shall have the authority to levy and impose taxes for municipal purposes and to provide for their
collection, provided that there shall not be an increase of rate of sales tax unless and until such rate increase shall
be approved by a majority of the electorate voting at a regular or special municipal election. The council shall also
have authority to levy and provide for collection of special assessments for local improvements as provided in this
Charter or by ordinance. Increases in ad valorem shall be subject to the same limitations and review procedures
now or hereafter provided by state statute for statutory cities.
(Ord. No. 865, § 3(C), 6-24-91)
Sec. 11.2. Collection of taxes.
(a) Unless otherwise provided by ordinance, the county treasurer shall collect city ad valorem taxes in the same
manner and at the same time as general ad valorem taxes are collected. In like manner, the council may
provide for collection of special improvement assessments by the county treasurer.
(b) All statutes of this state for the assessment of property and the levy and collection of ad valorem taxes, sale
of property for taxes, and the redemption of the same, shall apply and have the full force and effect in
respect to taxes for the city as to such general ad valorem taxes, except as may be modified pursuant to this
Charter.
Sec. 11.3. Authority to acquire property.
In addition to all other power which it has to acquire property, the city is hereby authorized to purchase or
otherwise acquire property on which there are delinquent taxes or special assessments. The city may also dispose
of any property acquired under this authority.
CHAPTER XII. MUNICIPAL FUNDING
Sec. 12.1. Forms of borrowing.
The city may borrow money for any municipal purpose as provided herein and issue the following securities
to evidence such indebtedness:
(a) Short-term notes.
(b) General obligation bonds and other like securities.
(c) Revenue bonds and other like securities.
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(d) Special or local improvement bonds and other like securities.
(e) Any other legally recognized security which the council may provide.
Sec. 12.2. Short-term notes.
The city, upon the affirmative vote of the majority of the entire council in office at the time the vote is taken,
is hereby authorized to borrow money without an election in anticipation of the collection of taxes or other
revenues and to issue short-term notes to evidence the amount so borrowed. Any such short-term notes shall mature before the close of the fiscal year in which the money is so borrowed except as is permitted in the
provision of this Charter pertaining to emergency appropriations.
Sec. 12.3. General obligation bonds.
No bonds or other evidence of indebtedness payable in whole or in part from the proceeds of ad valorem
taxes or to which the full faith and credit of the city are pledged, shall be issued, except in pursuance of an
ordinance, nor until the question of their issuance shall, at a special or regular election, be submitted to a vote of
the qualified registered electors of the city, and approved by a majority of those voting on the question, except as
provided in sections 12.2, 12.4, 12.5, 12.6, 13.3, and 13.4 and provided further that such securities issued for
acquiring water and rights thereto, or acquiring, improving or extending a city water system or sewer system or
any combination of such purposes, may be so issued without an election.
Sec. 12.4. Revenue bonds.
The city, pursuant to ordinance, and without an election, may borrow money, issue bonds, or otherwise
extend its credit for purchasing, constructing, condemning, otherwise acquiring, extending, or improving a water,
electric, gas, or sewer system, or other public utility or income-producing project or for any other capital
improvement; provided that the bonds or other obligations shall be made payable from the net revenues derived
from the operation of such system, utility or other such project or capital improvement, and provided further, that
any two (2) or more of such systems, utilities, projects or capital improvements may be combined, operated, and
maintained as joint municipal systems, utilities, projects or capital improvements, in which case such bonds or
other obligations shall be made payable out of the net revenue derived from the operation of such joint systems,
utilities, projects or capital improvements.
Sec. 12.5. Revenue bonds funded by sales and use tax.
In addition to the provisions of section 12.4 relating to revenue bonds, the city shall have the authority to
issue revenue bonds payable from the revenue and income of the project, facility, or improvement to be
constructed or installed with the proceeds of the bond issue, or payable in whole or in part from the available
proceeds of a city sales and use tax which may be imposed pursuant to chapter XI.
Sec. 12.6. Refunding bonds.
(a) The council may authorize, by ordinance, without an election, the issuance of refunding bonds or other like
securities for the purpose of refunding and providing for the payment of the outstanding bonds or other like
securities of the city as the same mature, or in advance of maturity by means of an escrow or otherwise.
(b) Any refunding bonds or other like securities issued for the purpose of refunding revenue bonds or other
revenue securities shall be payable from the revenues pledged to the original bond issue.
Sec. 12.7. Limitations on indebtedness.
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The aggregate amount of bonds or other evidences of indebtedness of the city shall not exceed three (3)
percent of the actual valuation of the taxable property within the city as shown by the last preceding assessment
for city purposes; provided however, in determining the amount of indebtedness, there shall not be included
within the computation:
(a) Bonds or other evidences of indebtedness, outstanding or authorized to be issued for the acquisition,
extension or improvement of a municipal waterworks system or municipal storm sewer, sanitary
sewer, combined storm and sanitary sewers, or sewage disposal systems;
(b) Short-term notes;
(c) Special or local improvement securities;
(d) Securities payable from the revenues of an income-producing system, utility, project, or other capital
improvement or from city sales or use taxes;
(e) Long-term installment contracts other than real property acquisitions, rentals and leaseholds pursuant
to section 12.9.
Sec. 12.8. Bonds: Interest, sale, prepayment.
(a) The terms and maximum interest rate of general obligation or revenue bonds or other like securities shall be
fixed by the authorizing ordinance and such securities shall be sold to the best advantage of the city.
(b) Any refunding bond may be exchanged dollar for dollar for a bond refunded.
(c) All bonds may contain provisions for calling the same at designated periods prior to the final due date, with
or without the payment of a prior redemption premium.
Sec. 12.9. Long-term installment contracts, rentals and leaseholds—City property.
(a) In order to provide necessary land, buildings, equipment, and other property for governmental or
proprietary purposes, the city is hereby authorized to enter into long-term installment purchase contracts
and rental or leasehold agreements. Such agreements may include an option or options to purchase and
acquire title to such property within a period not exceeding the useful life of such property. Each such
agreement and the terms thereof shall be concluded by an ordinance duly enacted by the council.
(b) The council is authorized and empowered to provide for the said payments at their discretion from any
available municipal revenues.
(c) The obligation created hereunder shall not constitute an indebtedness of the city within the meaning of the
legal limitations on contracting of indebtedness contained in this chapter.
(Ord. No. 865, § 3(C), 6-24-91)
Sec. 12.10. Approval of tax increment financing, revenue sharing and cost sharing agreement.
Any action by an agency, agent, authority, commission, committee, city council, department, employee or
official of the City of Wheat Ridge, approving or changing a sales or property tax increment financing (TIF), revenue
sharing or cost sharing arrangement pursuant to Part 1 of the Colorado Urban Renewal Law, must be ratified by
the Wheat Ridge City Council via a vote on a formal agenda item, at a regularly scheduled business meeting, that is
advertised as a public hearing.
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If the value of the said sales or property tax increment financing (TIF), revenue sharing or cost sharing
exceeds two million five hundred thousand dollars ($2,500,000.00), the city council action of approval must be
ratified by the registered electors of the City of Wheat Ridge at a special or regular election.
The base amount for voter approval of any sales or property tax increment financing (TIF) will be any
financing exceeding two million five hundred thousand dollars ($2,500,000.00). To account for inflation and/or
increased construction costs, every third year after March 1, 2015, the base amount will be increased by five (5)
percent.
Effective date: This amendment will take effect and apply to all actions undertaken by an agency, agent,
authority, commission, committee, city council, department, employee or official of the City of Wheat Ridge
subsequent to March 1, 2015 and thereafter.
(Approved by electorate 11-3-15)
The Jefferson County Colorado District Court has held this section unconstitutional and therefore ineffective, with
the sole exception of the method of city council approval (via a vote on a formal agenda item, at a regularly
scheduled business meeting, that is advertised as a hearing) of "urban renewal plans" and "plan modifications"
which already require approval by the council under CRS 31-25-107. See, Longs Peak Metropolitan District v. City of
Wheat Ridge, Case No. 17CV 30542 (September 8, 2017).
CHAPTER XIII. IMPROVEMENT DISTRICTS
Sec. 13.1. Creation of special or local improvement districts.
Special or local improvement districts created pursuant to this Charter may, in the discretion of council, be so
created only upon receipt by the council of a petition for an ordinance by the owners of more than fifty (50)
percent of the landowners residing in the proposed district.
Sec. 13.2. Power to create special or local improvement districts.
(a) Upon receipt of a petition, as described in section 13.1, the city shall have the power to create special or
local improvement districts within designated districts in the city, to contract for, construct or install special
or local improvements of every character within the said designated districts, to assess the cost thereof,
wholly or in part, upon the property benefited in such district, and to issue special or local improvement
bonds therefor.
(b) The council shall, by ordinance, prescribe the method and manner of creating such improvements, of letting
contracts therefor, issuing and paying bonds for construction or installation of such improvements, including
the costs incidental thereto, for assessing the costs thereof and for all things in relation to the authority
herein created.
(c) Except as otherwise provided by Charter or by ordinance, the statutes of the State of Colorado shall govern
the creation and organization of special or local improvement districts, the assessment of costs, the issuance
of bonds therefor and all things in relation thereto.
Sec. 13.3. Improvement district bonds; levy for general benefit to special fund; pledge of
credit.
(a) In consideration of general benefits conferred on the city at large from the construction or installation of
improvements in special or local improvement districts, created pursuant to section 13.1, the city council
may contract by ordinance prior to the issuance of any bonds of any special or local improvement district,
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that the payment of such bonds, both as the principal, interest and costs appertaining thereto become due,
is additionally secured by a special fund herein created, and pursuant thereto may, subject to the limitations
of section 11.1, levy annual taxes on all taxable property within the city at a rate not exceeding two (2) mills
in any one (1) year, to be disbursed as determined by the council, for the purpose of advancing money to
maintain current payments of interest and equal annual payments of the principal amount of said bonds or
for any prior redemption premium appertaining to such bonds.
(b) The proceeds of such taxes shall be placed in a special fund and shall be disbursed only for the purposes
specified in this section, provided, however, that in lieu of such tax levied, the council may annually transfer
to such special fund any available money of the city, but in no event shall the amount transferred in any one
(1) year exceed the amount which would result from a tax levied in such year as herein limited.
As long as any bonds issued for special or local improvement districts hereafter organized, remain
outstanding, the tax levy or equivalent transfer of money to the special fund created for the payment of said bonds
shall not be diminished in any succeeding year until all of said bonds and the interest thereon shall be paid in full,
unless other available funds are on hand therefor, or such bonds and interest are paid by the city as provided in
section 13.5 of this Charter.
(c) In addition to the above, the council may finance the city's share of the cost of any special improvement
project, whether or not such cost is assessed against city-owned property, by the issuance of special
improvement district bonds, and shall appropriate annually an amount sufficient for the payment of that
portion of the share of such costs then due. Such bonds shall not be subject to any election requirement or
debt limitation which might otherwise exist pursuant to this Charter or other applicable law.
(d) After the bonds have been retired in full, any monies remaining in such special funds shall be transferred as
provided in section 13.4.
(e) Bonds of any special or local improvement district payable from special assessments, which payment may be
additionally secured as provided in this section, shall not be subject to any debt limitation nor affect the
city's debt-incurring power, nor shall such bonds be required to be authorized at any election; and such
bonds shall not be held to constitute a prohibited lending of credit or donation, nor to contravene any
constitutional, statutory, or Charter limitation or restriction.
Sec. 13.4. Transfers from unencumbered special or local improvement district funds.
Where all outstanding bonds of a special or local improvement district have been paid and money remains to
the credit of the district or in a special fund created pursuant to section 13.3 for the said bond issue, it may be
transferred, in whole or in part, by ordinance, to a surplus and deficiency fund, and whenever there is a deficiency
in any special or local improvement district fund to meet the payment of outstanding bonds and interest due
thereon, the deficiency shall be paid out of the said fund; or in the alternative, council, may by ordinance, transfer
all or part of any unencumbered balance from a special or local improvement district fund or a special fund
created pursuant to section 13.3 for the said bond issues to any other city fund.
Sec. 13.5. Payment of bonds by city.
Whenever a special or local improvement district has paid and cancelled three-fourths of its bonds issued
and for any reason the remaining assessments are not paid in time to redeem the final bonds of the district, the
city shall pay the bonds when due and reimburse itself by collecting the unpaid assessments due the district.
Sec. 13.6. Review of improvement district proceedings.
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No action or proceeding, at law or in equity, to review any acts or proceedings, or to question the validity of,
or enjoin the performance of the issue or collection of any bonds, or the levy or collection of any assessments
authorized by this chapter, or for any other relief against any acts or proceedings of the city done or had under this
chapter, shall be maintained against the city, unless commenced within thirty (30) days after the date of passage
of the resolution or ordinance complained of, or else be thereafter perpetually barred.
CHAPTER XIV. INTERGOVERNMENTAL RELATIONS
Sec. 14.1. Regional service authorities.
In the interest of governmental services provided on a regional or area-wide basis and the benefits realized
by the City of Wheat Ridge from said services, the council may by ordinance provide approve grants of municipal
funds by ordinance provide grants of municipal funds and services on a regional or area-wide basis., existing at the
time this Charter becomes effective or thereafter created. The council shall also have the authority to allow city
participation in said service authorities in any manner it deems in the best interest of the city.
Sec. 14.2. Cooperative intergovernmental contracts.
The council may, by resolution or by ordinance, enter into contracts or agreements with other governmental units or special districts for the joint use of buildings, equipment, or facilities, or for furnishing or receiving
commodities or services.
CHAPTER XV. UTILITIES AND FRANCHISES
Sec. 15.1. General powers.
The city shall have and exercise with regard to all utilities and franchises, all municipal powers, including
without limitation, all powers now existing and which may be hereafter provided by the constitution and statutes.
The right of the city to construct, lease, purchase, acquire, condemn or operate any public utility, work or way is
expressly reserved. Except as otherwise provided by constitution, or this Charter, all powers concerning the
granting, amending, revoking, or otherwise dealing in franchises, shall be exercised by the council. Any utility
serving entirely within the corporate boundaries of the city may be acquired, purchased, or constructed without
the requirement of an election.
Sec. 15.2. Water rights.
The city shall have the authority to buy, sell, exchange, lease, own, control and otherwise deal in water
rights.
Sec. 15.3. Utility rates.
The council shall, by ordinance, establish rates, rules and regulations and extension policies for services
provided by city-owned utilities, both within and outside the corporate limits of the city.
Sec. 15.4. Management of municipal utilities.
All municipally owned or operated utilities shall be administered as a regular department of the city.
Sec. 15.5. Use of public places by utilities.
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Every public utility, whether it has a franchise or not, shall pay such part of the cost of improvement or
maintenance of streets, alleys, bridges, and other public places as shall arise from its use thereof and shall protect
and save the city harmless from all damages arising from said use. Every such public utility may be required by the
city to permit joint use of its property and appurtenances located in the streets, alleys or other public places of the
city by the city and by other utilities insofar as such joint use may be reasonably practicable.
Sec. 15.6. Granting of franchises.
(a) With the exception of cable franchises, no franchise shall be granted except upon approval by a majority of
the registered electors voting thereon.
(b) The council shall establish by ordinance the terms, fees, compensation, conditions, and any other matters
related to the granting of franchises.
(Ord. No. 865, § 3(A), 6-24-91; Ord. No. 1498, § 1, 8-22-11)
Sec. 15.7. Existing franchises.
All franchise ordinances and agreements of the city in effect at the time this Charter is effective shall remain
in full force and effect in accordance with their respective terms and conditions unless modified by another
franchise.
Sec. 15.8. Transit facilities.
Council may require by ordinance and by fair apportionment of the cost, any railroad or other transportation
system to elevate or lower any of its right-of-way or tracks running over, under, along or across any public
thoroughfare; and to construct and maintain all street crossings, bridges, viaducts and other conveniences in good
condition with proper approaches and safety devices.
Sec. 15.9. Revocable permits.
The council may grant a permit at any time for the temporary use or occupation of any street, alley, or city-
owned place, provided such permit shall be revocable by the council at its pleasure, regardless of whether or not
such right to revoke be expressly reserved in such permit.
Sec. 15.10. Franchise records.
The city shall cause to be kept in the office of the city clerk an indexed franchise record in which shall be
transcribed copies of all franchises heretofore and hereafter granted. The index shall give the name of the grantee
and any assignees. The record, a complete history of all such franchises, shall include a comprehensive and
convenient reference to all actions at law affecting the same, and copies of all annual reports and such other
matters of information and public interest as the council may from time to time require.
CHAPTER XVI. MISCELLANEOUS LEGAL PROVISIONS
Sec. 16.1. Reservation of power.
The power to supersede any law of this state now or hereafter in force, insofar as it applies to local or
municipal affairs shall be reserved to the city, acting by ordinance subject only to restrictions of article XX of the
Constitution of the State of Colorado.
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Sec. 16.2. Bequests, gifts and donations.
The council, on behalf of the city, may receive or refuse bequests, gifts and donations of all kinds of real and
personal property in fee simple or trust for public, charitable or other purposes, and do all things and acts
necessary to carry out the purpose of such gifts, bequests and donations with the power to manage, sell, lease or
otherwise dispose of the same in accordance with the terms of the gift, bequest or trust, or the council may
delegate such power to persons as it may deem advisable.
Sec. 16.3. Liability of the city.
No action for recovery of compensation for personal injury, death or property damage against the city on
account of its negligence or other tort shall be maintained unless written notice of the alleged time, place and
cause of injury, death or property damage is given to the city clerk by the person injured, histhe injured person’s
agent or attorney, within one hundred eighty (180) days of the occurrence causing the injury, death or property
damage. The notice given under the provisions of this section shall not be deemed invalid or insufficient solely by
reason of an inaccuracy in stating the time, place or cause of injury, if it is shown that there was no intent to
mislead and that the city, in fact, was not misled thereby. This provision shall not be construed as a waiver of any
governmental immunity the city may now, or in the future, have.
Sec. 16.4. Eminent domain.
The city shall have the right of eminent domain within or without its corporate limits as provided by the
Constitution of the State of Colorado and statutes.
Sec. 16.5. Sale of real property.
The city shall not sell or dispose of municipally owned buildings or real property for a public purpose, without
first obtaining the approval, by ordinance, of three-fourths of the entire council. Unanimous approval of the entire
council, by ordinance, shall be necessary for sale or disposition of designated park land.
Sec. 16.6. Severability of Charter provisions.
If any provision, section, article or clause of this Charter or the application thereof to any person or
circumstances shall be found to be invalid by a court, such invalidity shall not affect any remaining portion or
application of the Charter which can be given effect without the invalid portion or application, provided such remaining portions or applications are not determined by the court to be inoperable, and to this end this Charter is
declared to be severable.
Sec. 16.7. Charter amendments.
This Charter may be amended at any time in the manner provided in section 16.8 of this Charter. Nothing
herein contained shall be construed as preventing the submission to the people of more than one (1) Charter
amendment at any one (1) election. If provisions of two (2) or more proposed amendments conflict or are
inconsistent and are adopted or approved at the same election, the amendment receiving the highest affirmative
vote shall become effective.
Sec. 16.8. Procedure to amend the Charter.
Proceedings to amend this Charter may be initiated by:
(a) A petition signed by at least five (5) percent of the registered electors of the City of Wheat Ridge; or
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(b) An ordinance adopted by the council submitting the proposed amendment to a vote of said registered
electors.
Within thirty (30) days from the initiation of proceedings to amend this Charter, the council shall publish notice of
and call an election upon the proposed amendment, which election shall be held not less than thirty (30) nor more
than one hundred eighty (180) days after publication of the notice thereof. Notice of a proposed Charter
amendment shall contain the full text thereof.
If a majority of the registered electors voting thereon vote for a proposed amendment, the amendment shall
be deemed approved.
Sec. 16.9. Charter repeal.
This Charter may be repealed as provided by the Constitution and the statutes of the State of Colorado as
now existing or hereafter amended or modified.
Sec. 16.10. Interpretations.
Except as otherwise specifically provided or indicated by the context thereof, all words used in this Charter
indicating the present tense shall not be limited to the time of the adoption of this Charter but shall extend to and
include the time of the happening of any event for which provision is made herein. The singular number shall
include the plural, the plural shall include the singular and the masculine gender shall extend to and include the
feminine gender and neuter, and the word "person" may extend and be applied to bodies politic and corporate
and to partnerships as well as to individuals.
Sec. 16.11. Definitions.
As used in this Charter, the following words and phrases shall have the following meaning:
(a) Ad valorem or general property tax. A tax levied on property in the form of a percentage of the value of
the property.
(b) Appropriation. The authorized amount of monies set aside for expenditure during a specific time for a
specific purpose.
(c) City. The City of Wheat Ridge, Colorado, a municipal corporation.
(d) City administration. The elected mayor and city manager of the City of Wheat Ridge appointed
pursuant to this Charter.
(e) City Clerk. The clerk of the City of Wheat Ridge.
(f) Constitution. The Constitution of the State of Colorado.
(g) Council. The city council of the City of Wheat Ridge.
(h) Elector or registered elector. A resident of the city qualified to vote under the Constitution and statutes
of the State of Colorado.
(i) Employee. A person employed by the City of Wheat Ridge.
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(j) Franchise. An irrevocable privilege granted by the city permitting a specified use of public property for
a specified length of time.
(k) General municipal election. A municipal election held every two (2) years at which candidates for
elective offices of the city are voted upon in accordance with this Charter.
(l) Officer and/or official. Any person elected to office or appointed by the council or mayor, including
appointees to boards and commissions and the city manager.
(m) Public utility. Any person, firm or corporation operating power or light systems, communicating
systems, water, sewer or scheduled transportation systems, and serving or supplying the public
whether or not under a franchise granted by the city.
(n) Statutes or laws. The applicable laws of the State of Colorado as they now exist or as they may be
amended, changed, repealed or otherwise modified by legislative procedure.
(o) City Treasurer. The city treasurer of the City of Wheat Ridge.
(Ord. No. 865, § 3(A), 6-24-91; Ord. No. 1996-1038, § 1, 7-22-96)
Sec. 16.12. Chapter and section headings.
The chapter, section and subsection headings are inserted for convenience and reference only and shall not
be construed to limit, describe or control the scope or intent of any provision therein.
CHAPTER XVII. TRANSITIONAL PROVISIONS
Sec. 17.1. Effective date of Charter.
This Charter shall become effective immediately upon voter approval, except as otherwise provided in this
chapter.
Sec. 17.2. Status of transitional provisions.
The purpose of this chapter is to provide for an orderly transition from the present city government of
Wheat Ridge to a home rule government under the provisions of this Charter. This chapter shall constitute a part
of this Charter, during the transition period, only to the extent required to accomplish that purpose.
Sec. 17.3. Transition period.
The period from the voter approval of this Charter to November 6, 1979, shall be known as the "transition
period." During this period, all officers and employees of the city shall proceed, with due diligence, to put into
effect the provisions of this Charter. During the transition period the council shall, by resolution, designate the
dates the various provisions become operative and the agency or agencies on which they shall become operative.
Until superseded by this Charter or any provision thereof the state statutes shall continue in effect.
For the purpose of the November 6, 1979, general municipal election, the council shall complete the
apportionment of the city into four (4) council districts prior to December 31, 1978.
Sec. 17.3. Prior city legislation.
Wheat Ridge, Colorado, Code of Ordinances Part 1 – Charter
Page 38 of 38
All ordinances, resolutions, rules and regulations of the city which are not inconsistent with this Charter and
which are in force and effect at the effective date of this Charter shall continue in full force and effect until
repealed or amended. Those provisions of any effective ordinance, resolution, rule and regulation which are
inconsistent with this Charter are hereby repealed.
Sec. 17.5. Continuation of elected officers.
The present elected officers or their appointed successors in office at the time of the adoption of this Charter shall continue to serve and carry out the functions, powers and duties of their offices until their successors assume
the duties of their offices.
Sec. 17.6. Continuation of boards and commissions.
All boards and commissions in office at the time of adoption of this Charter shall continue to function with
their present powers and structure as provided in the respective ordinances.
Sec. 17.7. Continuation of appointed officers and employees.
Except as otherwise provided herein, after the effective date of this Charter, all appointive officers and all
employees of the city shall continue in that city office or employment, which corresponds to the city office or
employment which they held at the time of the effective date of this Charter, as though they had been appointed
or employed in the manner provided in this Charter, and they shall in all respects be subject to the provisions of this Charter, except that any officer or employee who holds a position which this Charter provides be held at the
pleasure of the appointing officer or body, shall hold such position only at such pleasure regardless of the term for
which originally appointed.
Sec. 17.4. Saving clause.
This Charter shall not affect any suit pending in any court or any document heretofore executed in
connection therewith. Nothing in this Charter shall invalidate any existing agreements or contracts between the
City of Wheat Ridge and individuals, corporations or public agencies.
ITEM NO: 4 DATE: August 12, 2024
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 16-2024 – AN ORDINANCE AMENDING ARTICLE V OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE CITY’S LANDSCAPING REQUIREMENTS, AND MAKING CONFORMING AMENDMENTS THEREWITH
PUBLIC HEARING ORDINANCES FOR 1ST READING (08/12/24)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (08/26/24) RESOLUTIONS QUASI-JUDICIAL: YES NO
_____________________________ Community Development Director City Manager ISSUE:
The proposed ordinance makes necessary updates to the City’s zoning and development code to modernize, clarify, and update landscape design requirements. This repeal and re-enactment of the ordinance updates standards to address more water efficient design, and it reorganizes and clarifies code to make requirements easier to understand by all users.
PRIOR ACTION: Proposed changes to the City’s landscape code were discussed at City Council study sessions on June 5, 2023, and February 5, 2024 where Council supported the list of updates and additions and gave direction for a revised landscape ordinance and conforming amendments to proceed to
public hearings.
Planning Commission reviewed this ordinance at a public hearing held on August 1, 2024, and recommended approval. A copy of the draft Planning Commission minutes will be provided with the second reading materials.
Council Action Form – Landscaping Requirements August 12, 2024
Page 2
FINANCIAL IMPACT: The proposed ordinance is not expected to have a financial impact on the City.
BACKGROUND:
The City’s landscape code is found in Article V of Chapter 26 as part of general design
standards. Most of Section 26-502 has remained the same since 1979, with one major repeal and re-enactment in 2001. However, much has changed in Wheat Ridge and the Front Range since the early 2000’s. Years of drought coupled with local area growth and development have heightened awareness about the availability and use of water, and communities are actively
seeking ways to reduce consumption, encourage water efficiency, and establish stronger links
between water supply, land use planning, and site design. It is typical for cities to periodically update municipal code as it relates to best practices, to add definitions and terms, and to clarify code language, particularly if they have not been reviewed
or updated in several years.
This code amendment was initiated by City Council, and the proposed ordinance aligns with the goals of the Sustainable Wheat Ridge Action Plan, the principles of waterwise landscaping, and with recently adopted state law (SB24-005). The term “waterwise landscaping” has become
somewhat synonymous with xeriscaping in general practice, but it differs from xeriscaping in
that it focuses on wise water use no matter where the site in located (not just in arid environments). Waterwise landscaping emphasizes grouping plants by water requirements to encourage efficient irrigation design and water use. A waterwise landscape is functional, attractive and easily maintained in its natural surroundings, which also serves to conserve water.
Because of the scope of the amendments and the need for this code section to be more user-friendly, the entirety of Section 26-502 is proposed to be repealed and reenacted. The ordinance makes the following updates to Article V:
• Maintains the current code requirement for automatic irrigation systems and integrates waterwise best practices.
• Codifies the City’s existing artificial turf policy and requirements of State Bill 24-005, to allow limited application in low-density residential, multi-unit residential, and non-
residential development. Codification was partially completed by the recent update of the mixed-use code.
• Introduces limits to irrigated turf and defines and prohibits non-functional turf in specific contexts, also in line with State Bill 24-005.
• Updates and clarifies plant and mulch specifications to better align with waterwise principles and best practices.
• Defines front yard landscaping requirements for single-unit and duplex residential sites
and defines the process for replacing existing front yard landscaping with non-living and
waterwise materials.
• Increases allowances for non-living landscape materials to reflect the move toward waterwise/xeric gardening.
• Requires waterwise design for new multi-unit and nonresidential development.
Council Action Form – Mixed-Use Code Updates June 12, 2023
Page 3
• Expands required landscape maintenance practices and clarifies when amendments to
previously approved plans are necessary to record changes in or renovations of the
landscape.
• Updates other sections of code where landscaping is mentioned to align with the proposed Section 26-502, match current practice, and make requirements easier to understand by all users.
RECOMMENDATIONS: Staff recommends approval of the ordinance. First reading in these cases is a procedural action that merely sets the date for the (second reading)
public hearing. No testimony is taken on first reading. RECOMMENDED MOTION: “I move to approve Council Bill No. 16-2024, an ordinance repealing and re-enacting Article V of Chapter 26 of the Wheat Ridge Code of Laws concerning landscape requirements, and making
conforming amendments therewith, on first reading, order it published, public hearing set for Monday, August 26, 2024 at 6:30 p.m. as a virtual meeting and in City Council Chambers and that it take effect fifteen (15) days after final publication.” Or,
“I move to postpone indefinitely Council Bill No. 16-2024, an ordinance repealing and re-enacting Article V of Chapter 26 of the Wheat Ridge Code of Laws concerning landscape requirements, and making conforming amendments therewith, for the following reason(s): _______________________________________.”
REPORT PREPARED/REVIEWED BY: Janet Gassman, Landscape Planner Stephanie Stevens, Senior Planner
Scott Cutler, Senior Planner Jana Easley, Planning Manager Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 16-2024
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CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 16
ORDINANCE NO. 1801 SERIES 2024 TITLE: AN ORDINANCE REPEALING AND RE-ENACTING ARTICLE V OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING
THE CITY’S LANDSCAPING REQUIREMENTS, AND MAKING CONFORMING AMENDMENTS THEREWITH
WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City,
acting through its City Council (the “Council”), is authorized to adopt ordinances for the
protection of the public health, safety or welfare; and
WHEREAS, in the exercise of this authority, the Council has previously adopted Section 26-502 of the Code of Laws concerning landscaping, buffering and open space, as well as additional sections throughout the City’s Code of Laws ancillary to that Section;
and
WHEREAS, the Council recognizes that waterwise landscape design is necessary to reduce water consumption, encourage water efficiency, and establish stronger links between water supply and land use planning; and
WHEREAS, the Council recognizes that from time to time the City’s zoning Code
needs to be updated to include modern terminology, update cross-references, remove
conflicts within the Code, and provide clarity to City staff and the public.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Section 26-502 of the Wheat Ridge Code of Laws is hereby
repealed and re-enacted as follows:
Section 26-502 – Landscaping, Buffering, and Open Space
A. Purpose and Intent.
1. The purpose of this section is to establish requirements for the design, installation, and maintenance of landscapes that recognize water
conserving principles while enhancing the aesthetic character of the city.
2. The intent of these landscaping regulations is to:
ATTACHMENT 1
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a. Improve the visual quality and compatibility within and between developments and buffer differing land uses, scales of development, and parking lots;
b. Promote the efficient use of water resources;
c. Reduce heat islands and promote energy efficiency thru increased shading; and
d. Increase biodiversity and pollinator habitat through a mix of plant types.
B. Applicability. The requirements of this section shall apply as follows:
1. This section shall apply to all new site development approved on and after
(effective date).
2. Existing development approved prior to (effective date) is exempt from the requirements of this section but is encouraged to comply, where practicable.
3. Any amendment to a previously approved landscape plan shall comply with all
provisions within this section, where practicable.
4. Site development in mixed-use zone districts shall comply with subsections C, D, and F; and the open space requirements in chapter 26, article XI.
C. Definitions. For the purposes of this section, the following words and phrases shall
have the meaning respectively ascribed to them below:
Establishment period: the first two years after installation of the plant in the
landscape when its roots have integrated with the soil and new growth is present.
Hydrozone: a portion of the landscape area having plants with similar water needs (high, moderate, low, or very low).
Irrigation zone: an area served by a single control valve, sometimes referred to as a “station”. Zones are comprised of plant materials and soil types with similar water requirements.
Landscape/Landscaping: A combination of living material (such as trees, shrubs,
perennials, grasses, groundcovers, vines, annual flowers, turf or seeded areas, and food gardens), non-living material (such as mulch, stone, boulders, pavers, patios, plazas, and courtyards, hard surface sport courts, permeable artificial turf surfaces, and unplanted areas of a xeric landscape), natural features (land and water forms),
and structural features (such as benches, fountains, art, and screen walls).
Landscape buffer: a land area with live plantings and/or structural components used to visually separate a use or parking lot from another property or public street.
Landscaping, non-living: the portion of a site containing non-living materials or
features as an integral part of the landscape, including but not limited to mulch,
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stone, boulders, pavers, patios, plazas, and courtyards, hard surface sport courts, permeable artificial turf surfaces, and unplanted areas of a xeric landscape.
Material, living includes trees, shrubs, perennials, grasses, groundcovers, vines,
annual flowers, turf or seeded areas, and food gardens.
Material, non-living: includes such materials as organic and inorganic mulches, stones, boulders, pavers, artificial turf, and ornamental objects.
Mulch: any organic material (such as shredded bark, straw, or compost), or inorganic mineral material (such as rock, gravel, or decomposed granite), applied to the soil surface for the purpose of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.
Native plant: a species that is indigenous to the Colorado Front Range and naturally occurring in one or more plant communities. Permeable or pervious: any surface or material that allows the passage of water
through the material and into the underlying soil.
Rain sensor or rain shutoff device: a component connected to an irrigation controller that automatically suspends or overrides scheduled irrigation when significant precipitation is detected.
Structural features: Manufactured features including but not limited to fountains, reflecting pools, outdoor artwork, screen walls, fences, and/or benches.
Turf: a surface layer of earth containing mowed grass with its roots, including cool-
season turf grass (annual bluegrass, Kentucky bluegrass, perennial ryegrass, red
fescue, and tall fescue) and warm-season turf grass (Bermuda grass, blue grama grass, and buffalo grass). Turf, functional: Functional turf means turf that is located in a recreational use area
or other space that is regularly used for civic, community, or recreational purposes,
which may include playgrounds, sports fields, picnic grounds, amphitheaters, portions of parks, putting greens, and the playing areas of golf courses. Turf, non-functional: Non-functional turf is turf that is predominantly ornamental and
not functional, such as that located in a street right-of-way, parking lot, median, and
transportation corridor. Non-functional turf does not include turf designated as part of a water quality treatment solution required for compliance with federal, state and local agencies.
Water Budget: the targeted maximum amount of irrigation water applied to a
landscaped area as measured in gallons per square foot per year.
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Weeds: Refer to Section 24-50 of the Code.
Xeric/Waterwise: An environment or habitat containing or utilizing little moisture.
D. General Landscaping Standards.
1. Irrigation.
a. Landscape areas, plant beds, and raised planters shall be served by a permanent automatic irrigation system.
b. Irrigation systems shall be zoned according to the water needs of the
proposed plant material, with separate zones for trees, shrubs, perennials, and turf, and for sun, shade, and other climatic conditions.
c. Trees shall have permanent irrigation installed, including within a xeric/waterwise landscape.
d. For xeric/waterwise renovation of an existing landscape, the requirement for a
functioning automatic irrigation system may be waived if water lines are not readily available or feasible to install, at the discretion of the community development director. A xeric/waterwise landscape plan with manual watering schedule may be required.
2. Living Material.
a. Soil Preparation. All areas to receive plant material shall be treated with organic amendments at a rate of four (4) cubic feet per one thousand (1,000) square feet, incorporated to a minimum depth or six (6) inches. A lesser amount may be allowed if a soil test shows that such amendments are not
necessary for water retention and deep root development.
b. Selection. Plant material selection shall conform to the Recommended and Prohibited Plant Lists in the Streetscape Design Manual. Any proposed deviation from these lists or the approved landscape plan must be requested in writing, with approval by the community development director required prior
to planting.
c. Biodiversity. Diversity of the genus and species of trees and shrubs is encouraged to prevent monocultures that could result in large-scale losses in the event of disease or blight.
d. Substitutions. Any proposed deviation from the approved landscape plan
must be requested in writing, with approval by the community development director required prior to planting.
e. Non-functional Turf. To reduce the unnecessary use of water, turf shall be prohibited in non-functional areas of the landscape. Prohibited areas include:
i. Parking lot islands and medians,
ii. Private street medians, and
iii. Street right-of-way.
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3. Minimum Quality Standards. All new plant material shall meet or exceed current quality and species standards of the American Standard for Nursery Stock and the Colorado Nursery Act. A copy shall be maintained on file with the community
development department.
4. Minimum Plant Sizes. Required landscaping shall meet the following minimum size standards:
Table 1: Minimum New Plant Sizes
Plant Type Minimum Size
Deciduous Street Tree 2.5” caliper, B&B or equivalent
Deciduous Shade Tree 2.0” caliper, B&B or equivalent
Ornamental Tree 1.5” caliper or 6.0’ height, B&B or equivalent
Evergreen Tree 6.0’ height, B&B or equivalent
Deciduous and Evergreen Shrubs five-gallon container or equivalent
Perennials and Ornamental Grasses one-gallon container
Vines and Groundcovers one-quart container
Notes:
1. Caliper is defined as diameter of trunk as measured one (1) foot above grade or root ball; B&B stands for balled and burlapped.
2. Plant Equivalents. Three (3) one-gallon perennials or ornamental grasses may be substituted for one (1) five-gallon shrub, and two ornamental trees may be substituted for one shade tree, to meet required plant quantities.
3. Minimum new plant sizes do not apply to homeowner-initiated landscape improvements
on private property, unless required by permit.
5. Non-Living Material and Features.
a. Non-living material may be counted toward meeting required landscape area where utilized as an intentional and integrated part of the overall design.
b. Mulches. Refer to specifications in table 2 below.
Table 2: Mulch Specifications
Organic Mulch Finely shredded cypress, cedar, pine, or hardwood bark, bark chips, bark chunks or small nuggets, installed to a minimum depth of three (3) inches.
Inorganic Mulch Crushed stone, pea gravel, or ‘Squeegee’ mix, installed to a minimum depth of three (3) inches.
Stone or river rock, 1” to 3” in diameter, installed to a depth of three (3) inches.
Stone or cobble of a larger diameter may be approved with consideration of placement (such as in street medians, tree lawns, parking lot islands,
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slopes, retention areas, or similar), on a case-by-case basis by the
community development director.
Note: Mulched beds of all types must be contained within a structural or spaded edge when abutting turf areas or where not confined by a curb or sidewalk.
6. Amenity Zone/ Right-of-Way Landscaping.
a. Street tree selection shall conform to the recommended and prohibited plant lists in the Streetscape Design Manual.
b. Landscaping located in a sight distance triangle within the amenity zone shall
be maintained at a height below the clear zone, pursuant to section 26-603.
c. Structures or amenities such as walls, fences, and boulders are not permitted in the right-of-way.
7. Installation of Required Landscaping.
a. All required landscaping shall be installed per the approved plan and on the
property for which it is required, which may include adjacent rights-of-way.
b. Installation shall conform with the standard specifications of the Associated Landscape Contractors of Colorado.
8. Restoration and Revegetation of Disturbed Areas. All portions of the site where
vegetative cover is damaged, removed, or destroyed during construction and not
covered by new improvements, shall be revegetated with a mix of native, adaptive, and/or drought tolerant grasses and ground covers to prevent erosion.
9. Completion of Landscaping.
a. The installation of required landscaping and irrigation shall be completed prior
to the issuance of a certificate of occupancy. Where occupancy is requested
prior to installation of landscaping, a financial guarantee following the requirements of this subsection shall be required. Financial guarantee shall only be accepted for the completion of necessary landscaping in extenuating circumstances such as adverse weather, desired occupancy outside of the
planting season or necessary deferment of landscaping installation until
construction of a phase of development is completed, or other conditions as determined by the community development director.
b. The installation of required site fixtures such as lighting, benches, trash receptacles, and bicycle racks shall be completed prior to the issuance of a
certificate of occupancy. Where occupancy is requested prior to completion of
site fixtures, a financial guarantee following the requirements of this subsection shall be required. Financial guarantee shall only be accepted for the installation of site fixtures in extenuating circumstances as determined by the community development director, and only if the lack of installed features
does not result in a life or public safety concern.
c. Additional financial guarantee may be required by Chapter 20 related to site stabilization and native seed establishment.
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d. The financial guarantee shall meet the following requirements:
i. An irrevocable letter of credit or escrow account shall be required for the completion of landscaping, fixtures, and shall be equal to one hundred and
twenty-five percent (125%) of the remaining cost of installation and/or
stabilization/establishment.
ii. The amount of the financial guarantee shall be based on an itemized cost estimate for the required installation per the approved landscaping plan. The itemized cost estimate shall be accepted at the discretion of the
community development director prior to acceptance of the financial
guarantee.
a) For single detached and duplex sites, the community development director has the discretion to determine the value of escrow based on the prevailing market rate for installation and materials.
b) For all other sites, the applicant shall provide the itemized cost
estimate for review by the community development director.
iii. Financial guarantees shall not be released or extinguished until all installation is complete and in compliance with the approved landscape plan and the irrigation is installed and functional.
iv. Should the required landscaping not be properly installed upon the
expiration of the financial guarantee, the city reserves the right to use such funds to have the required landscaping, fixtures, and site stabilization placed upon the subject premises.
v. Any costs incurred by the city in excess of the funds provided by the
financial guarantee shall be recovered by the city through normal lien
proceedings.
10. Maintenance.
a. The party or parties responsible for the property upon which the landscape plan will be implemented, whether as developer, property owner(s), property
manager or homeowners’ association, and their respective heirs, successors,
and assigns are jointly and severally responsible to maintain all plants and landscape areas, including within the adjacent public rights-of-way, in accordance with the approved plans. The city may enforce the approved plan against any or all of such parties.:
i. All areas shall be kept free of disease, pests, weeds, and litter.
ii. Regular pruning and trimming shall be performed to maintain an attractive appearance and to permit the plants to achieve their intended form and height.
iii. Any landscaping found to be dead, diseased, damaged, or missing shall
be removed and/or replaced within one planting season.
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b. Landscape structures such as retaining walls, seat walls, fire pits, water fountains, benches, etc. shall be repaired or replaced as necessary to maintain a structurally sound condition.
c. Mulches, crushed stone, cobble, and other loose surface materials shall be
contained within defined and edged beds in their designated areas, free of weeds, and to their required depths.
d. Irrigation systems shall be inspected and maintained in accordance with the approved irrigation plan as required pursuant to section X. Temporary
irrigation systems, required for the establishment of native grass and/or
wildflower areas, shall be removed upon successful coverage of the primary material.
11. Inspection, Authority, and Violations
a. Required landscaping shall be subject to inspection by the community
development department to ensure continued compliance with the approved
plans. Any proposed deviation from the approved landscape plan must be requested in writing, with approval by the community development director required prior to planting.
b. Enforcement and penalties shall be in accordance with those provisions set
forth in article X.
12. Private Covenants. No restrictive covenants, conditions, restrictions, deed clauses or other agreements between the parties that prevent the use of xeric/waterwise landscaping shall be enforceable in any manner which allows plant materials prohibited by this Section, which prevents plant materials allowed
by this Section, or which otherwise prevents or hinders the implementation of an
approved landscape plan.
E. Landscape Requirements by Use. Nothing contained in this section shall prohibit any landowner from landscaping in excess of minimum requirements stated herein, either on their property or within public right-of-way, if approved by the community
development director. Off-site landscaping cannot reduce the on-site requirements.
Table 3. Landscape Requirements by Use
Minimum Required Landscape Area Trees within front setback(a) On-site trees and shrubs(b)
Maximum Irrigated Turf
Maximum Non-living Material & Features
Residential Uses (All Zone Districts except Mixed-Use) (c)
Single Detached and Duplex Uses
25% of the gross lot area and 100% of the front yard
1 shade tree per 70 linear feet of street frontage, to be placed within the front setback
N/A 50% 2/3 of the front yard
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1. Single Detached and Duplex Residential Uses:
a. Minimum landscape requirements set forth in table 3 pertaining to single detached and duplex residential uses shall apply.
b. The use of xeric/waterwise plant material and principles are strongly encouraged.
c. For xeric/waterwise renovations to existing single detached and duplex
residential sites, the minimum landscape requirements set forth in table 3 remain in effect.
d. A fully rocked or mulched front yard must contain a minimum one-third living plant coverage, as measured by projected growth after two years.
e. Native grasses and/or wildflower mixes of a height greater than twelve (12)
inches must be confined to the rear yard or planted within a defined bed with a structural or spaded edge in the front yard.
f. Artificial turf is permitted in rear or side yards not visible from a public street at a maximum of 400 square feet per dwelling unit.
2. Multi-Unit Residential and Nonresidential Uses:
a. The minimum landscape requirements set forth in table 3 pertaining to multi-unit and nonresidential uses shall apply.
Multi-Unit Residential Uses
30% of total lot area;
100% of front yard, excepting pedestrian and vehicular access
1 tree per 30 feet
of street frontage
1 tree and 10
shrubs per 1,000 SF of required landscape area
30% 50%
Nonresidential Uses
Zoned Commercial
20% of gross lot area 1 tree per 30 feet of street frontage 1 tree and 10 shrubs per 1,000 SF
of required landscape area
30% 50%
Zoned Industrial
15% of gross lot area
All Other Zone Districts
20% of gross lot area
Zoned Mixed Use(c) See Article XI
Notes: (a) Trees provided in the building front setback shall not replace any requirements for street trees established in the Streetscape Design Manual. Where a build-to is required pursuant to the Architectural and Site Design Manual, trees within the front setback are not required. (b) In addition to trees required within the front setback, on-site trees and shrubs shall be provided. (c) The landscape requirements of this table do not apply to mixed-use zones. Refer to section 26-1110.
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b. Expansions of existing development and structures.
i. Unless otherwise expressly stated in this subsection, the landscaping requirements of this section apply when an existing structure is expanded
or enlarged, through the addition of floor area or other units of
measurement used for establishing landscaping requirements.
ii. If the site is conforming in terms of the existing landscaping square footage provided, then the expansion or new site development shall not cause the percentage of landscaping to be reduced below the required
percentages in table 3.
iii. If the site is currently nonconforming in terms of the existing landscaping square footage provided, additional landscaping shall be required to address the enlarged or expanded area, not the entire building or use, on a percentage basis as determined by square footage added. Table 4
below sets forth an example for applying this standard:
Table 4. Calculating Required Landscaping for Expansions on Non-Conforming Sites
Example Worksheet
Proposed Building SF 2,600 S.F. _______ S.F.
Existing Building SF 2,000 S.F. _______ S.F.
Added SF 600 S.F. _______ S.F.
Percent Increase 600 S.F. / 2,000 S.F. = 30% ______ / ______ = ______%
Existing Lot Area 14,500 S.F. _______ S.F.
Required Landscaping per Current Code 20% _______ %
Required Landscape
Area per Current Code 14,500 S.F. x .20 = 2,900 S.F. ______ x ______ = ______ S.F.
Existing Landscape Area 500 S.F. _______ S.F.
Landscape Deficiency 2,900 S.F. – 500 S.F. = 2,400 S.F. ______ - ______ = ______ S.F.
Required Additional Landscaping
30% x 2,400 S.F. = 720 S.F.
(% increase x landscape deficiency)
______ x ______ = ______ S.F.
Note: If the existing landscape area is less than the required amount under the current code
for new development, this number is used to calculate the proportionate increase required.
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For example, if there was only 500 square feet of landscaping, then 720 additional square feet would be required, where practicable.
c. The use of xeric/waterwise plant materials and principles are required and shall be used to guide design and promote water conservation.
d. Walking paths or sidewalks of at least five (5) feet in width may count toward non-living landscaping if designed as part of a pedestrian network or loop
through other living or non-living landscape areas such as a common lawns,
plazas, or courtyards, subject to approval by the community development director.
e. Preservation of existing healthy trees is encouraged, and credit shall be given toward required new plant material. Trees with a caliper of five (5) inches or
less may be credited as one (1) tree. Trees with a caliper of five (5) to ten (10)
inches may be credited as two (2) trees. Trees with a caliper in excess of ten (10) inches may be credited as three (3) trees.
f. Non-functional Turf. In addition to the limitations set forth in section 26-502.D, non-functional turf shall also be prohibited in the following locations:
i. Landscape areas with slopes greater than 4:1, and
ii. Landscape strips less than six (6) feet in width.
g. Artificial Turf.
i. Artificial turf is permitted in limited circumstances, as follows:
a) Sport and play areas specifically designated for athletic purposes
including but not limited to athletic fields, playgrounds, gaming areas,
and dog runs.
b) Private fenced side and rear yards of single-attached dwellings, such as townhomes, up to a maximum of 400 square feet per dwelling unit.
c) The location shall be approved through a site plan application, civil
construction documents, site work permit, or building permit, whichever
is applicable, and permeability shall be accounted for in drainage plans. The area may be credited toward non-living landscape area.
ii. Artificial turf is prohibited in the following locations:
a) Required landscape buffer areas.
b) Areas owned and/or maintained by owners’ associations, except where
used for athletic purposes.
c) On commercial, industrial, and institutional properties, except where used for athletic purposes.
h. Screening, Buffers, and Transitions.
i. Landscape screening and buffering for parking lots:
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a) Any parking lot, drive aisle, drive-thru lane, or loading area adjacent to a public street shall be screened with one or more of the following:
1) A minimum five (5) foot wide landscape buffer with regularly spaced
trees and/or shrubs to soften the parking edge.
2) A vertical screening device, 30 to 42 inches in height (and in compliance with the sight triangle requirements of section 26-603). The screening device may be a continuous masonry wall constructed of stone, brick, or split-face concrete block, a
combination pier and decorative iron railing, or any other decorative
and durable screening device that is consistent with the materials of the main building. Wood, chain link and vinyl picket fencing shall not be permitted.
3) When a parking lot’s frontage along the street or public space is
greater than twenty (20) linear feet, no more than thirty percent
(30%) of the screening requirement may be fulfilled by a landscape buffer.
b) Wherever a parking lot abuts a property with a residentially or agriculturally zoned lot with a residential use, a minimum ten (10) foot
wide landscape buffer is required between the parking lot and the
adjacent property line. This width may be reduced to six (6) feet if an opaque six (6) foot fence or decorative wall is placed at the property line. The landscape buffer shall contain regularly spaced trees and/or shrubs.
c) Additional parking lot buffering requirements may apply based on use.
Refer to supplementary regulations in Article VI.
ii. Landscape screening and buffering between use types.
a) Where new development abuts a residentially or agriculturally zoned lot that contains a single-unit or duplex residential use, a landscape
buffer shall be required following the standards of the parking lot
buffering requirements adjacent to residential uses.
b) The buffer shall count toward the required building setback.
i. Parking area landscaping.
i. Parking area landscaping shall be provided including any required
parking lot buffers. Landscaping in off street parking areas shall be counted toward the minimum required landscape area.
ii. Landscape islands. The intent of requiring landscape islands is to provide shade and minimize the aesthetic impact of large, uninterrupted expanses of pavement.
a) Interior landscape islands shall be provided at a minimum rate of one (1) island per thirty (30) parking spaces. Each landscape island shall occupy the equivalent of one (1) parking space or larger and shall be
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landscaped with a minimum of one (1) shade tree and four (4) shrubs or acceptable equivalent (see table 1).
b) At the discretion of the owner, and with approval of the director of
community development, based upon the intent and purpose of this
section, an acceptable alternative to individual islands would be the equivalent aggregate landscape area developed in larger islands or landscape medians.
c) Parking lot landscape islands shall be irrigated with an automated drip
system and have raised concrete curbs.
d) No landscaping within the parking lot islands or medians shall impede parking space use or obstruct visibility for vehicles entering, maneuvering in, or exiting the parking lot.
F. Process.
1. Landscape Plan. A landscape plan shall be submitted with the required
development plan or building permit for (1) all single-unit or duplex residential development with common area tracts or easements, (2) all multi-unit residential development, and (3) all nonresidential development. The plan shall include:
a. Date, north arrow, and scale; name and location of the development; name(s)
of owner(s); name, address and telephone number of person or firm
preparing the plan; name and telephone number of the contact person for the project.
b. Location of property lines with dimensions, adjacent streets and rights-of-way, drainage features, building and structures, parking, loading and vehicular
circulation areas, driveways, exterior freestanding light fixtures and sight distance triangles.
c. Location, dimensions, and square footage calculations of all landscape areas including total lot area, total landscape area, and areas of living and non-living materials.
d. Location of proposed plant materials and trees; schedule of plant material and
trees including species types, sizes, quantities, and hydrozone category, with total quantities and characteristics provided by use of a key and legend.
e. Location of existing trees or other plant material to be preserved; schedule of existing trees or plant material to be preserved including species types, sizes,
and quantities.
f. Location of existing trees or other plant material to be removed; schedule of existing trees or plant material to be removed including species types, sizes, and quantities.
g. Standard notes as determined by the community development department.
2. Hydrozone Plan. A hydrozone plan is required with the submittal of a landscape
plan which shall encourage the grouping of plants by water need. The plan shall include:
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a. Location, square footage, and hydrozone category (high, moderate, low, or very low) for each zone.
b. Annual water budget table. Calculations shall utilize the following water
budget categories and include a table of annual water usage, as noted below.
A maximum budget of fifteen (15) gallons per SF per year is allowed, with twelve (12) gallons per SF or less encouraged.
Table 5. Water Budget Categories
H High 18+ gallons/SF/year
M Moderate 10 gallons/SF/year
L Low 3 gallons/SF/year
VL Very Low 0 gallons/SF/year
Table 6. Calculating an Annual Water Budget
Hydrozone Category Total Square Feet/Category Total Gals/Year/Category
High Water Zones ______ SF x 18 Gals/SF = ______ Gals/Year
Moderate Water Zones ______ SF x 10 Gals/SF = ______ Gals/Year
Low Water Zones ______ SF x 3 Gals/SF = ______ Gals/Year
Very Low Water Zones ______ SF x 0 Gals/SF = ______ Gals/Year
______ SF Total All Zones
______ Gals/Year Total All Zones
________ Gals/SF/Year Average (Gals/Year Total All Zones divided by SF Total All Zones)
Table 7. EXAMPLE: Annual Water Budget Table
Hydrozone Category Total Square Feet/Category Total Gals/Year/Category
High Water Zones 500 SF x 18 Gals/SF = 9,000 Gals/Year
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Moderate Water Zones 1,500 SF x 10 Gals/SF = 15,000 Gals/Year
Low Water Zones 1,000 SF x 3 Gals/SF = 3,000 Gals/Year
Very Low Water Zones 200 SF x 0 Gals/SF = 0 Gals/Year
3,200 SF Total All Zones
27,000 Gals/Year Total All Zones
8.43 Gals/SF/Year Average (Gals/Year Total All Zones divided by SF Total All Zones)
3. Irrigation Plan. An irrigation plan showing the location and type of irrigation system shall be submitted with the required civil construction plans as part of site development plan review (or building permit, if determined by the community
development director).
4. Amendments to an approved plan.
a. Any proposed deviation from the approved landscape plan must be requested in writing, with approval by the community development director required prior to planting.
b. If minor changes to a site’s landscaping are requested due to attrition or changes in site conditions, approval by the community development director may be required. The total area of landscaping may not be reduced below approved or minimum standards.
c. For property owners wishing to move toward a more xeric/waterwise design,
a revised landscape plan may be required if the original design is substantially altered, if the proposed changes result in a significant modification of the irrigation system, or if an irrigation plan or system does not exist, at the discretion of the community development director.
5. Administrative adjustments and variances.
a. Administrative adjustments. Administrative adjustments are intended to relieve unnecessary hardship in complying with the strict letter of this article, especially in cases where unique site or building characteristics exist, to be demonstrated by the applicant who shall include an alternative proposal with the application materials. The community development director may grant
administrative adjustments to the following standards:
i. Species type, quantity, and size of plantings.
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ii. Required increase of landscaping on nonconforming sites with a proposed expansion if the addition of landscaping is impossible or impractical due to other code requirements such as required parking areas.
iii. Adjustments to width of required buffer zones up to twenty percent (20%).
iv. Irrigation of new xeric/waterwise landscaping on sites with existing development if water lines are not readily available nor feasible to install.
b. Variances. The minimum required landscape area from table 3 and required buffer areas from section 26-502.E beyond administrative adjustments of
twenty percent (20%), may be eligible to be reduced by approval of a
variance; see section 26-115.
Section 2. Section 26-111.D.3 of the Wheat Ridge Code of Laws is hereby amended as follows to align with landscape plan requirements of Section 26-502:
D. Site plan application requirements.
…
3. Landscape plan. Landscape plans shall conform to the requirements of section 26-502, in addition to:
a. The landscape plan shall be prepared in a twenty-four (24) × thirty-six (36) inch format;
b. a. Location and dimensions of all open space areas, including
minimum required usable open space for site development within a mixed use zone district;
c. Proposed materials for all landscaped and hardscaped areas;
d. Location and type of all trees and other plantings;
e. Schedule of proposed plantings;
f. b. Table showing open space or landscape area required and provided., including required and provided usable open space for site development within a mixed use zone district.
Section 3. Section 26-115.C.1 of the Wheat Ridge Code of Laws is hereby
amended as follows to specify which sections of Section 26-502 are eligible for variances:
C. Variances:
1. Administrative variances fifty (50) percent or less: The director of community development is empowered to decide upon applications for
administrative variances from the strict application of any of the
"development standards" pertaining to zone districts in article II and sections 26-501 (off-street parking), and Table 3 of 26-502.E (landscaping requirements by use), and 26-502.E (screening, buffers, and transitions), and 26-603 (fencing), and subsection 26-646.B.
(development standards for ADUs) and article VII (signage) of this
chapter, which apply through the various zone district regulations and in
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other situations which may be specifically authorized in the various sections, without requirement of a public hearing, under the following conditions:
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3. Variances of more than fifty (50) percent: The board of adjustment is empowered to hold public hearings to hear and decide only upon appeals for variances from the strict application of the development standards pertaining to zone districts in article II, sections 26-501, 26-503 Table 3 of
26-502.E, 26-502.E, 26-603, 26-625 or article VII of this chapter.
Section 4. Section 26-123 of the Wheat Ridge Code of Laws, defining certain terms applicable to Chapter 26 of the Code, is hereby amended by the revision of certain definitions and the addition of the following new definitions in the appropriate alphabetical location, as follows:
Amenity zone: the portion of the streetscape between the back of curb and sidewalk. The amenity zone may be hardscaped or landscaped and provides a buffer between the sidewalk or parking area and street. The amenity zone is the location for streetlights, pedestrian lights, street trees, street amenities and furniture, and utilities.
Dwelling, multiple. Three (3) or more dwelling units where each unit is attached to the other units either in a stacked configuration or a side-by side configuration (refer to dwelling, single attached). Also referred to as multi-unit dwelling.
Dwelling, single attached. Three (3) or more dwelling units where each unit is attached to other units by party walls, and where habitable spaces of different
units are arranged side-by-side, rather than a stacked configuration. This can include, but is not limited to, townhomes with exterior entrances.
Hardscape. Exterior ground surface areas covered with concrete, pavers, brick, stone or a similar surface and not intended for vehicular use.
Landscaping. A combination of living material (such as trees, shrubs,
perennials, grasses, groundcovers, vines, annual flowers, turf or seeded areas, and food gardens), non-living material (such as mulch, stone, boulders, pavers, patios, plazas, and courtyards; hard surface sport courts; permeable artificial turf surfaces, and unplanted areas of a xeric landscape), natural features (land and water forms), and structural features (such as benches, fountains, art, and screen
walls). plants, such as trees, shrubs, vines, groundcover, flowers, sod or grass, and may include natural features, such as rock, stone and bark, and structural features, including, but not limited to, fountains, reflecting pools, art works, screen walls, fences and benches. Uncontrolled weeds shall not be considered as landscaping, however, maintained natural grasses and natural flowers may be considered as landscaping.
Sidewalks, whether paved or gravel, which serve as functional links between parking
areas and main structures, or which serve as general public access routes around a main structure, or between a main structure and a public street or alley, shall not be counted as landscaping. Other sidewalks or paths which serve as casual access to or through landscape areas may be counted as nonliving landscape feature.
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Streetscape. The sidewalk, amenity zone, and other improvements typically located in the right-of-way between the curb and the property line. In some cases, streetscapes may be adjacent to a private street or within public easements
adjacent to the right-of-way.
Section 5. Section 26-216 of the Wheat Ridge Code of Laws, containing requirements for the Neighborhood Commercial (NC) zone district, is hereby amended as follows to update cross references and align landscaping requirements within front setbacks and buffers of Section 26-502:
B. Development standards:
…
5. Front yard setback. Thirty (30) feet minimum, except for:
…
c. For properties within a Traditional or Contemporary overlay
area as defined in the Architectural and Site Design Manual, a build-to requirement shall apply in lieu of a front setback requirement.
6. Side yard setback. Based upon the specific site, adjacent land use and adjacent public streets, one (1) or more of the following requirements shall
apply:
…
c. In addition to building setback as required by subsection a. above, where a side yard abuts a residentially or agriculturally zoned lot that contains a residential use, property zoned residential, or where
zoned agricultural and there is a residential structure within fifteen (15)
feet of the commercial property, a five-foot-per-story landscaped buffer meeting the requirements of 26-502E. (landscape buffering for parking lots), shall be required.
7. Rear yard setback. Based upon specific site, adjacent land use and
adjacent public streets, one (1) or more of the following shall apply:
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d. In addition to building setback as required by subsection a. above, where a rear yard abuts a residentially or agriculturally zoned lot that contains a residential use, property zoned residential or where
zoned agricultural and there is a residential structure within fifteen (15) feet of the commercial property, a five-foot-per-story landscaped buffer meeting the requirements of section 26-502E. (landscape buffering for parking lots), shall be required.
Section 6. Section 26-217 of the Wheat Ridge Code of Laws, containing
requirements for the Restricted Commercial (RC) zone district, is hereby amended as
follows to update cross references and align landscaping requirements within front setbacks and buffers of Section 26-502:
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B. Development standards:
…
5. Front yard setback. Fifty (50) feet minimum, except for:
…
d. For properties within a Traditional or Contemporary overlay area as defined in the Architectural and Site Design Manual, a build-to requirement shall apply in lieu of a front setback requirement.
6. Side yard setback. Based upon the specific site, adjacent land use and adjacent public streets, one (1) or more of the following requirements shall apply:
…
c. In addition to building setback as required by subsection a. above,
where a side yard abuts a residentially or agriculturally zoned lot that contains a residential use, property zoned residential, or where zoned agricultural and there is a residential structure within fifteen (15) feet of the commercial property, a five-foot-per-story landscaped buffer meeting the requirements of 26-502E. (landscape buffering for parking
lots), shall be required.
7. Rear yard setback. Based upon specific site, adjacent land use and adjacent public streets, one (1) or more of the following shall apply:
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d. In addition to building setback as required by subsection a. above,
where a rear yard abuts a residentially or agriculturally zoned lot that contains a residential use, property zoned residential or where zoned agricultural and there is a residential structure within fifteen (15) feet of the commercial property, a five-foot-per-story landscaped buffer meeting the requirements of section 26-502E. (landscape buffering for
parking lots), shall be required.
Section 7. Section 26-218 of the Wheat Ridge Code of Laws, containing requirements for the Commercial-One (C-1) zone district, is hereby amended as follows to update cross references and align landscaping requirements within front setbacks and buffers of Section 26-502:
B. Development standards:
…
5. Front yard setback. Fifty (50) feet minimum, except for:
…
d. For properties within a Traditional or Contemporary overlay
area as defined in the Architectural and Site Design Manual, a
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build-to requirement shall apply in lieu of a front setback requirement.
6. Side yard setback. Based upon the specific site, adjacent land use and
adjacent public streets, one (1) or more of the following requirements shall
apply:
…
c. In addition to building setback as required by subsection a. above, where a side yard abuts a residentially or agriculturally zoned lot
that contains a residential use, property zoned residential, or where zoned agricultural and there is a residential structure within fifteen (15) feet of the commercial property, a five-foot-per-story landscaped buffer meeting the requirements of 26-502E. (landscape buffering for parking lots), shall be required.
7. Rear yard setback. Based upon specific site, adjacent land use and adjacent public streets, one (1) or more of the following shall apply:
…
d. In addition to building setback as required by subsection a. above, where a rear yard abuts a residentially or agriculturally zoned lot
that contains a residential use, property zoned residential or where
zoned agricultural and there is a residential structure within fifteen (15) feet of the commercial property, a five-foot-per-story landscaped buffer meeting the requirements of section 26-502E. (landscape buffering for parking lots), shall be required.
Section 8. Section 26-219 of the Wheat Ridge Code of Laws, containing
requirements for the Commercial-Two (C-2) zone district, is hereby amended as follows to update cross references and align landscaping requirements within front setbacks and buffers of Section 26-502:
B. Development standards:
…
5. Front yard setback. Fifty (50) feet minimum, except for:
…
d. For properties within a Traditional or Contemporary overlay area as defined in the Architectural and Site Design Manual, a
build-to requirement shall apply in lieu of a front setback requirement.
6. Side yard setback. Based upon the specific site, adjacent land use and adjacent public streets, one (1) or more of the following requirements shall apply:
…
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c. In addition to building setback as required by subsection a. above, where a side yard abuts a residentially or agriculturally zoned lot that contains a residential use, property zoned residential, or where
zoned agricultural and there is a residential structure within fifteen (15) feet of the commercial property, a five-foot-per-story landscaped buffer meeting the requirements of 26-502E. (landscape buffering for parking lots), shall be required.
7. Rear yard setback. Based upon specific site, adjacent land use and
adjacent public streets, one (1) or more of the following shall apply:
…
d. In addition to building setback as required by subsection a. above, where a rear yard abuts a residentially or agriculturally zoned lot that contains a residential use, property zoned residential or where
zoned agricultural and there is a residential structure within fifteen (15)
feet of the commercial property, a five-foot-per-story landscaped buffer meeting the requirements of section 26-502E. (landscape buffering for parking lots), shall be required.
Section 9. Section 26-220 of the Wheat Ridge Code of Laws, containing
requirements for the Industrial-Employment (I-E) zone district, is hereby amended as follows to update cross references and align landscaping requirements within front setbacks and buffers of Section 26-502:
B. Development standards:
…
5. Front yard setback. Ten (10) feet minimum. The 10-foot setback area must be landscaped to meet the requirements of section 26-502. For properties within a Traditional or Contemporary overlay area as defined in the Architectural and Site Design Manual, a build-to requirement shall apply in lieu of a front setback requirement.
6. Side yard setback.
a. Principal permitted and accessory uses: Five (5) feet per story minimum, except as follows:
…
(2) Ten (10) feet where adjacent to a dedicated public street. The
10-foot setback area must be landscaped to meet the
requirements of section 26-5052.
(3) Where a side yard abuts a residentially or agriculturally zoned lot that contains a residential use, property zoned residential, or where zoned agricultural and there is a residential
use, a fifteen-foot landscape buffer meeting the requirements of
section 26-502E. (landscape buffering for parking lots), shall be required.
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…
7. Rear yard setback.
a. Principal permitted and accessory uses: Ten (10) feet for a one-story
building and an additional five (5) feet per each additional story thereafter,
except as follows:
…
(3) Where a rear yard abuts a residentially or agriculturally zoned lot that contains a residential use, property zoned
residential, or where zoned agricultural and there is a residential use, a fifteen-foot landscaped buffer meeting the requirements of 26-502E. (landscape buffering for parking lots) shall be required.
Section 10. Section 26-306.B of the Wheat Ridge Code of Laws is hereby amended as follows to defer to landscape plan requirements of Section 26-502:
B. Form and content of specific development plan.
…
2. Site plan. The drawings shall be to-scale and shall include the locations of the following:
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b. Proposed locations for landscaping, parking, building locations, and buffering. Landscape plan shall be in conformance with the requirements of section 26-502.F.
Section 11. Section 26-417.C of the Wheat Ridge Code of Laws is hereby amended as follows to clarify right-of-way landscaping as a public improvement:
C. Types of public improvements:
1. Street and/or streetscape improvements. Construction of street improvements or payment in lieu is required only for certain types of subdivision or development applications as outlined in subsection E. below. Street improvements include, but are not limited to, the following:
…
g. Landscaping. in the right-of-way including required street trees and irrigation.
Section 12. Section 26-628 of the Wheat Ridge Code of Laws is hereby amended as follows to be consistent with landscaping requirements of Section 26-502:
F. Whenever a parking lot or display lot adjoins property zoned for residential
use, a landscape buffer of ten (10) twelve (12) feet from said lot boundary shall be required. Within the ten-foot twelve-foot landscape buffer, a six-foot view obscuring fence or decorative wall shall be constructed. There shall be no waivers of this landscape and fence buffer requirement.
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G. There shall be at least one (1) interior landscaped island for each thirty (30) parking and/or vehicle display spaces. Each such landscape island shall occupy the equivalent of one (1) parking space, and each such required island shall be
landscaped with a minimum of one (1) two-inch caliper tree or larger, and five (5) shrubs or acceptable living groundcover. Refer to section 26-502 for parking lot landscape island requirements.
Section 13. Section 26-501.B.7 of the Wheat Ridge Code of Laws is hereby amended as follows to align with landscape plan requirements of Section 26-502:
B. Applicability.
…
7. Parking plan required.
…
c. Location of landscaping areas and type of landscaping,
including size, species, and number as required in section E.6
below. Location of landscaped areas including required buffers/screening and parking lot islands as required by section 26-502.E.
Section 14. Section 26-501.E of the Wheat Ridge Code of Laws is hereby
amended as follows to defer to Section 26-502:
E. Standards.
1. General provisions.
…
c. Location of parking areas.
…
iv. Multi-unit dwelling parking lots. Parking for multi-unit dwelling development shall not be placed within the minimum front yard setback. Where parking is to be placed within a side or rear yard which is adjacent to a public street, a landscape buffer of at least
ten (10) feet is required.
…
6. Parking area landscaping. Parking area landscaping shall be provided as set forth below. Landscaping in off street parking areas shall be counted towards the minimum total landscaped area required by section
26-502.
a. Landscape buffering for parking and loading areas. Landscape buffering shall comply with screening and buffering requirements of section 26-502.E.
i. Adjacent to low- or medium-density residential. Whenever a
parking lot or loading area boundary adjoins property zoned for low-
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or medium-density residential use, or if zoned agricultural but developed as residential, a landscape buffer of six (6) feet from said lot boundary shall be required. Within the six-foot landscape
buffer, a six-foot-high view-obscuring fence, decorative wall or landscaped hedge with a natural height of six (6) feet shall be provided. In addition, grass or other acceptable groundcover or trees and/or shrubs shall be planted within the landscape buffer areas as approved by the director of community development
through a landscape plan.
ii. Between public right-of-way and structure(s). When a parking lot or loading area is placed between the public right-of-way and the structure(s), a screening of the parking area shall be established between the right-of-way and the parking area. This view-obscuring
screen shall be composed of live plantings, berms, fences or walls,
or a combination thereof. The height of the screening shall be subject to the sight distance triangle requirements. See section 26-603. Also see subsection 26-502.D.3.c.2 regarding landscape buffers on nonresidential property.
b. Landscaped islands in parking areas. Landscaped islands are required as set forth in section 26-502.E. The intent of the requirements for landscaped islands in larger parking areas is to break up groups of parking spaces within the parking area to minimize the aesthetic impacts of large, uninterrupted parking areas.
i. All parking areas in excess of thirty (30) spaces shall have at
least one (1) interior landscaped island per thirty (30) spaces. Each such landscaped island shall occupy the equivalent of one (1) parking space (minimum) and each such required island shall be landscaped with a minimum of one (1) two-inch caliper tree or
larger and four (4) shrubs or accepted groundcover.
ii. At the discretion of the owner, and with approval of the director of community development, based upon the intent and purpose of this section, an acceptable alternative to individual islands would be the equivalent aggregate landscaped area developed in larger islands
or as interior divider strips.
iii. Parking lot islands shall be irrigated with an automated sprinkler and have raised concrete curbs.
iv. No landscaping within landscaped islands may obstruct visibility for vehicles entering, maneuvering in, or exiting the parking lot.
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12. Miscellaneous.
…
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k. Multi-unit dwelling parking lots. Parking for multi-unit dwelling development shall not be placed within the minimum front yard setback. Where parking is to be placed within a side or rear yard,
which is adjacent to a public street, a landscape buffer of at least ten (10) feet is required.
Section 15. Section 26-1106.H of the Wheat Ridge Code of Laws is hereby amended as follows to correct code cross-reference and align with section 26-502:
H. Residential transitions.
…
1. Landscaped buffers. Where new development abuts a residentially or agriculturally zoned lot that contains a single- or two-unit residential use, the required setbacks in section 26-1105.DC shall apply. The required setback area shall be landscaped with grass and trees and/or shrubs. a
mix of living and non-living materials.
Section 16. Section 26-1107.C of the Wheat Ridge Code of Laws is hereby amended as follows to align with section 26-502:
C. Surface parking buffers and screening.
1. Where a surface parking lot directly abuts a street or public space, one
(1) or more of the following screening elements shall be used:
• Minimum five-foot wide landscape buffer with regularly spaced trees and/or shrubs to soften the parking edge. grass, or groundcover plantings, and trees located a minimum of thirty (30) feet
on center.
• A vertical screening device, thirty (30) to forty-two (42) inches in height (and in compliance with the sight triangle requirements of section 26-603). The screening device may be a continuous masonry wall constructed of stone, brick, or split-face concrete block, a
combination masonry pier and decorative iron railing, or any other
decorative and durable screening device that is consistent with the materials of the primary building. Wood, chain link and vinyl picket fencing shall not be permitted. The screen must meet the sight triangle requirements in section 26-603.
…
2. Where a surface parking lot boundary abuts a residentially or agriculturally zoned lot with a residential use, a landscape buffer of six (6) feet from said lot boundary shall be required. Along the boundary of the lot with a residential use, a six-foot-high view-obscuring fence, decorative
wall or landscaped hedge with a natural height of six (6) feet shall be
provided. In addition, grass or other ground cover and trees and/or shrubs shall be planted within the landscape buffer a minimum ten (10) foot
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wide landscape buffer is required between the parking lot and the adjacent property line. This width may be reduced to six (6) feet if an opaque six (6) foot fence or decorative wall is placed at the property
line. The landscape buffer shall contain regularly spaced trees and/or shrubs (Figure 12).
Section 17. Section 26-1110 of the Wheat Ridge Code of Laws is hereby amended as follows to align with section 26-502:
D. Minimum landscaping. At least thirty-five (35) percent of the required open
space area shall be composed of living landscape materials, including trees. The minimum plant sizes required by section 26-502.F requirements of sections 26-502.C, D, and F shall apply.
E. Usable open space. For all development sites, at least seventy-five (75) percent of the required open space must be usable open space.
…
4. Drainage ways, ponds, and other areas required for stormwater quality or detention may qualify as usable open space if such areas are designed for passive or active use and are landscaped with grass, shrubs, and/or trees living material, subject to approval of the community
development director.
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F. Artificial turf. Artificial turf is prohibited except in limited circumstances for common areas and outdoor dining areas, such as central plazas, patios, play areas, or ball fields (but not private yard space or required landscape buffers)
within the discretion of the community development director.
1. Artificial turf is permitted in limited circumstances, as follows:
• Sport and play areas specifically designated for athletic purposes including but not limited to athletic fields, playgrounds, gaming areas, and dog runs.
• Private fenced side and rear yards of single-attached dwellings, such as townhomes, up to a maximum of 400 square feet per dwelling unit.
• Required residential transitions landscape buffers.
• The location shall be approved through a site plan application,
civil construction documents, site work permit, or building permit, whichever is applicable, and permeability shall be accounted for in drainage plans. Artificial turf shall not qualify as living landscape materials as required by section 26-1110.D, but does qualify as non-living landscape materials.
2. Artificial turf is prohibited in the following locations:
• Required parking lot landscape buffer areas.
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• Areas owned and/or maintained by owner’s associations, except where used for athletic purposes.
• On commercial industrial, and institutional properties, except
where used for athletic purposes.
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G. Non-Functional Turf. In addition to the limitations set forth in section 26-502.D, non-functional turf shall also be prohibited in the following locations:
• Landscape areas with slopes greater than 4:1, and
• Landscape strips less than six (6) feet in width.
GH. Streetscaping. All new development, including expansions of an existing structure by 50 percent or more of the floor area, shall meet the requirements in the City of Wheat Ridge Streetscape Design Manual.
HI. Maintenance. The developer, its successor and/or the property owners shall
be responsible for regular weeding, irrigating, fertilizing, pruning, or other maintenance of all plantings as needed in order the ensure the survival of any required landscaping. The city may require the removal and replacement of such landscaping where dead, diseased, or damaged landscaping is found. All
property owners/occupants shall be responsible for the maintenance of
landscaping within the portion of the public right-of-way between the back of the curb or street pavement and adjacent private property. Landscaping shall be maintained in accordance with section 26-502.D.
IJ. The requirements of section 26-502, subsections C,D, and F shall apply to
mixed use zones. The remaining subsections of section 26-502 shall not apply to such zones. shall not apply within any mixed use zone, with the exception of the minimum plant sizes in 26-502.F.
JK. The requirements of section 26-507 shall apply in all mixed use zone districts.
KL. The requirements of section 26-508 shall apply in all mixed use zone districts.
Section 18. Section 26-1119 of the Wheat Ridge Code of Laws, defining certain terms applicable to Chapter 26, Article XI of the Code, is hereby amended by the deletion of certain definitions now defined in section 26-123 applicable to all of Chapter
26:
Streetscape. The sidewalk, landscaping, and other improvements typically located in the right-of-way between the curb and the property line. In some cases streetscapes may be adjacent to a private street or within easements adjacent to the right-of-way.
Section 19. 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
28
be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 20. 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 12th day of August, 2024, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for August 26, 2024 at 6:30 p.m., as a virtual meeting and 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 _______, 2024.
SIGNED by the Mayor on this _____ day of ____________, 2024.
_______________________________
Bud Starker, Mayor
ATTEST:
_________________________ Margy Greer, Sr. Deputy City Clerk
Approved as to Form _________________________
Gerald E. Dahl, City Attorney First Publication: August 13, 2024 Second Publication: August 27, 2024 Effective Date: September 11, 2024
Published: Jeffco Transcript and www.ci.wheatridge.co.us
ITEM NO: 5
DATE: August 12, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 17-2024 - AN ORDINANCE AMENDING SECTIONS 2, 11 AND 26 OF THE WHEAT RIDGE CODE OF LAWS REGARDNG SHORT-TERM RENTAL DISTRICT CAPS, REPORTING REQUIREMENTS FOR HOSTING PLATFORMS,
AND ENFORCEMENT PROCEDURES FOR SAME
PUBLIC HEARING ORDINANCES FOR 1ST READING (08/12/2024)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (08/26/2024) RESOLUTIONS QUASI-JUDICIAL: YES NO
____________________________ _______ Deputy City Manager City Manager
ISSUE:
In February 2021, City Council enacted legislation concerning the licensing and enforcement of short-term rentals (STRs). Since that time, staff has worked to implement the legislation by licensing STRs, collecting the applicable lodgers’ tax, and enforcing the codified regulations. Through the implementation of the program, both members of Council and staff identified
necessary amendments to the Code to improve the STR program. This ordinance amends the
Code based on direction received from City Council on June 3, 2024, as follows: PRIOR ACTION: Council approved Ordinance 1709 on February 22, 2021, enacting licensing requirements for
STRs in Wheat Ridge. The licensing provisions of the ordinance became effective on May 1, 2021,
and STR hosts were required to begin collecting and remitting lodgers’ tax on August 1, 2021.
Council approved Ordinance 1778 on October 9, 2023, broadening accountability beyond a property’s legal owner or “host” to include any individual who has ownership, possession, or control
Council Action Form – Short-Term Rental Code Amendment August 12, 2024
Page 2
of the premises, and providing additional clarity concerning the prohibition of operating or advertising an STR without a license.
Council provided consensus for all Code amendments presented in this ordinance at the Study Session on June 3, 2024.
FINANCIAL IMPACT: STRs generate approximately $35,000 in licensing fees and $800,000 in lodgers’ tax annually.
50% of the STR lodgers’ tax is placed in the Wheat Ridge Housing Fund, 30% is placed in the
Crime Prevention Fund and 20% is placed in the Capital Improvement Program Fund. BACKGROUND: The City uses a GovOS platform called LodgingRevs to facilitate STR host licensing and lodgers’
tax remittance. Additionally, LodgingRevs uses artificial intelligence to scan the internet and
certain websites for suspected unlicensed STR activity in Wheat Ridge and provides staff with those listings for further investigation. Finally, LodgingRevs manages a complaint system where neighbors can report suspicions of STR noncompliance.
The City has licensed a total of 281 STRs as follows:
* Homes in mixed use or commercial zones are not subject to the 2% cap, hence some districts have whole home licenses that exceed the district cap. Both Council and staff have noted unintended consequences and potential improvements that may warrant an amendment to the current Code to ensure the STR program functions as Council
intended. The following discussion items were discussed with Council on June 3, 2024, and
received consensus to move forward.
Whole Home Licensing The STR ordinance created a cap on the number of Whole Home STRs in each Council district to a
maximum of two percent (2%) of the total number of dwelling units (calculated as a baseline from
the number of single-unit, two-unit, and single-attached a.k.a. townhomes). However, the Code’s cap language exempted STRs in non-residential and non-agricultural zone districts, including mixed-use and commercial zone districts.
The prevalence of townhome construction over the past ten (10) years has predominately occurred in
the Residential-Three (R-3) zone district which is covered by the cap, and in the Mixed Use –
DISTRICT I II III IV TOTAL
2% cap limit 49 52 54 37 192
Whole Home Licenses (within 2% cap) 49 52 41 37 179
Whole Home Licenses (above cap*) 6 9 0 1 16
Partial Home Licenses 35 24 12 15 86
Total Licenses 90 85 53 53 281
Waitlist Count 43 13 N/A 4 60
Council Action Form – Short-Term Rental Code Amendment August 12, 2024
Page 3
Neighborhood (MU-N) zone district, which is not covered by the cap. This has resulted in a number of Whole Home STRs in townhome developments with mixed-use zoning that are exempt from the
cap. Townhomes are individually owned and platted and from a zoning standpoint function as
single-unit homes; they are a large proportion of the new housing stock being developed and often an entry point for many buyers into an otherwise unaffordable market. The allowance of Whole Home STRs in townhome developments limits opportunities for owner-occupied or long-term rental units.
On June 3, 2024, Council consented to a Code amendment to close the “townhome loophole” so that townhomes are treated akin to single-unit and duplex properties and include them in the STR license cap, regardless of zone district.
Marketplace Facilitators
Since adoption of the City’s STR Code and program, staff have struggled to work with marketplace facilitators such as Airbnb, VRBO, Priceline, Evolve and the like to appropriately enforce the Code. Examples include:
1. Enforcement of the requirement for the STR license number to be displayed in
advertisements. 2. Identification of the STR license type – Whole or Partial Home. 3. Marketplace Facilitator recordkeeping requirements to support requests from the City for any or all essential STR rental information necessary for compliance work.
4. Lack of penalties for Marketplace Facilitators who allow unlicensed STR operators to
advertise on their platforms and who fail to comply with record request. Staff recommends a mandatory penalty of $1,000.00 per day, per violation. On June 3, 2024, Council consented to these changes to Chapters 2 and 11 of Municipal Code and
they are contained in the attached ordinance draft.
License Cap Reporting Period The cap on Whole Home STRs began on November 1, 2021, six months after the effective date of the ordinance. This was a reasonable “start date” at the time, but after over 2.5 years of
administering the cap and associated wait lists, including yearly recalculations of the cap numbers,
staff has found difficulties with the recount and cap updates being made in November. On June 3, 2024, Council consented to revising the cap recalculation to commence January 1 of the calendar year with a publishing deadline of January 31 of each year to allow sufficient time to pull
the required data, perform data cleaning and publish the updated cap numbers on the City’s website.
Host Definition In October 2023, the definition in Chapter 11 of a STR host was updated to: “The short-term rental shall be the legal responsibility of all individuals who have ownership, possession or control of the
premises or its operation as a short-term rental, whether as owner, co-owner, occupant, tenant or
agent of any of the same.”
Council Action Form – Short-Term Rental Code Amendment August 12, 2024
Page 4
On June 3, 2024, Council consented to an update of the STR host definition in Chapter 26 to align with that of Chapter 11.
RECOMMENDED MOTION: “I move to approve Council Bill No. 17-2024, an ordinance amending sections 2, 11 and 26 of the Wheat Ridge Code of Laws regarding short-term rental district caps, reporting requirements for hosting platforms, and enforcement procedures for same, order it published, public hearing set for
Monday, August 26, 2024 at 6:30 p.m. as a virtual meeting and in City Council Chambers and that
it take effect fifteen (15) days after final publication.”
Or, “I move to postpone indefinitely Council Bill No. 17-2024, an ordinance amending sections 2, 11
and 26 of the Wheat Ridge Code of Laws regarding short-term rental district caps, reporting
requirements for hosting platforms, and enforcement procedures for same, for the following reason(s) _________________.”
REPORT PREPARED AND REVIEWED BY: Scott Cutler, Senior Planner
Mark Colvin, Finance Manager
Nick Klein, City Attorney Carmen Beery, City Attorney Gerald Dahl, City Attorney Allison Scheck, Deputy City Manager
Patrick Goff, City Manager
ATTACHMENTS: 1. Council Bill No. 17-2024
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ____ COUNCIL BILL NO. 17
ORDINANCE NO. 1802 Series 2024 TITLE: AN ORDINANCE AMENDING CHAPTERS 2, 11 AND 26 OF THE WHEAT RIDGE CODE OF LAWS REGARDING SHORT-TERM RENTAL
DISTRICT CAPS, REPORTING REQUIREMENTS FOR HOSTING PLATFORMS, AND ENFORCEMENT PROCEDURES FOR SAME WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers
conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. §§ 31-15-501 and 31-23-301, et seq., the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and
WHEREAS, pursuant to this authority, the Council previously adopted short-term
rental license requirements and regulations, codified within Chapter 11 and Chapter 26
of the Wheat Ridge Code of Laws (“Code”); and
WHEREAS, City Staff have recommended certain amendments to the short-term rental (“STR”) licensing program to better clarify the responsibilities of third-party hosting websites, to strengthen enforcement tools against third-party hosting platforms which
remain out of compliance with the Code, and to eliminate an unintended gap in regulation
which permitted townhomes to circumvent the license cap in each respective zone district; and
WHEREAS, the Council finds that these amendments are necessary to ensure the continued effective regulation of short-term rentals within the City.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Section 2-92 of the Code, concerning administrative enforcement penalties, is hereby amended as follows:
Sec. 2-92. - Penalties assessed.
(a) The manager shall develop guidelines for fines based upon the
manager's assessment of the cost to the city for enforcing the provisions of this article. Such guidelines shall be approved by the city council. Thereafter, the manager shall publish a schedule of fines for administrative citations. The schedule of fines shall be graduated in amount, with the
smallest fine being assessed for the first administrative citation and
increasingly larger fines for second, third and subsequent administrative citations. No single fine assessed for an administrative citation shall exceed
2
one thousand dollars ($1,000.00). The schedule of fines shall be amended no more than once per year.
(1) NOTWITHSTANDING THE PROVISIONS OF SECTION
2-92(A) HEREOF, FOR THOSE HOSTING PLATFORMS, AS THAT TERM IS DEFINED IN SECTION 11-503, WHICH ARE ISSUED ADMINISTRATIVE CITATIONS PURSUANT TO SECTION 11-506(C), SUCH FINE SHALL AUTOMATICALLY BE IN THE AMOUNT OF ONE THOUSAND DOLLARS
($1,000) PER DAY FOR EACH DAY A VIOLATION OCCURS.
(b) If the responsible party fails to correct the violation, subsequent administrative citations may be issued for violations of the same applicable section. The fine assessed for each administrative citation issued for
violations of the same applicable section(s) shall not exceed the amount set
in the manager's schedule of fines regardless of the number of violations per citation.
(c) Payment of the fine shall not excuse the failure to correct the violations nor shall it bar further enforcement action by the city.
(d) All fines assessed shall be payable to the City of Wheat Ridge.
Section 2. Section 11-503 of the Code, concerning short-term rental operational requirements, is hereby amended as follows:
Sec. 11-503. - Operational requirements.
(a) Notice to adjacent property owners. Within seven (7) days of
issuance of a short-term rental business license, the short-term rental host, as defined in section 26-123, shall notify adjacent property owners within one hundred (100) feet of the subject property with through a written notice by regular mail or personally delivered. The notice shall include the
emergency contact information required by subsection 11-502(1).
(b) Posting. A copy of the issued short-term rental business license and the emergency contact information shall be conspicuously posted on the subject property within the area rented for use as a short-term rental.
(c) Non-assignable. A short-term rental business license may not be
transferred or assigned to any other party or any other property. A short-
term rental business license does not transfer to a new property owner if a property with an approved short-term rental is sold.
(d) Age restriction. A short-term rental shall not be rented to a person under twenty-one (21) years of age.
(e) Any advertisement for a short-term rental shall be subject to the
following requirements:
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(1) The license number as provided by the city AND AN IDENTIFICATION OF THE SHORT-TERM RENTAL AS EITHER A WHOLE HOME OR PARTIAL HOME RENTAL shall be posted within
the advertisement, including on any hosting platform. For the purposes of this ARTICLE subsection, a hosting platform shall mean a person or entity that facilitates reservations or payments between a short-term rental host and a person seeking lodging accommodations, including a website with short-term rental listings.
(2) Advertisements may not promote the use of cannabis or other controlled substances on the property.
(F) HOSTING PLATFORMS. EACH HOSTING PLATFORM SHALL MAINTAIN THE FOLLOWING INFORMATION FOR SHORT-TERM RENTAL TRANSACTIONS FACILITATED IN THE CITY WITHIN THE
PAST FIVE (5) YEARS:
(1) THE NAME OF THE PERSON WHO OFFERED THE SHORT-TERM RENTAL;
(2) THE ADDRESS OF THE SHORT-TERM RENTAL;
(3) THE DATES FOR WHICH THE SHORT-TERM RENTAL
WAS BOOKED BY A GUEST;
(4) THE PRICE PAID BY THE GUEST FOR EACH SHORT-TERM RENTAL TRANSACTION;
(5) THE SHORT-TERM RENTAL LICENSE NUMBER FOR ANY PROPERTY OPERATING ON THE PLATFORM; AND
(6) ANY INFORMATION RELEVANT TO THE REMITTANCE
OF LODGING TAX DUE UNDER ARTICLE II OF CHAPTER 22 OF THIS CODE.
Section 3. Section 11-506 of the Code, concerning short-term rental enforcement,
is hereby amended as follows:
Sec. 11-506. - Failure to register; violations, enforcement.
(a) It is unlawful to operate, provide, advertise or solicit the renting of a short term rental, or to aid, facilitate, abet, permit or allow any of the same, within the city without the required short-term rental business license and
type ("whole-home" or "partial-home") under this article XIV and section 26-645 of this Code. (b) Persons violating this section or any other provision of this article or section 26-645 of this Code shall be subject to the enforcement
procedures and penalties provided under sections 1-5 and 1-6 of this Code. Additionally, any person legally responsible for a short term rental, as provided in section 11-504(b) hereof, operated in violation of this article is
4
not eligible to apply for a short-term rental business license for one (1) year following the date upon which the violation is entered by court or AHO order, payment of administrative fine, effectiveness of plea agreement or other
settlement, or any other legal form of admission or adjudication.
(c) Persons OR HOSTING PLATFORMS violating this section or any other provision of this article or section 26-645 of this Code shall be subject to the administrative enforcement procedures and penalties provided under
article V of chapter 2 of this Code. (d) The enforcement processes and penalties set forth herein are cumulative and concurrent in nature. The city's initiation of one process does not preclude or bar the city's pursuit of any other right, remedy or
process. (e) The city treasurer is hereby authorized to adopt rules and regulations, if needed, to implement the requirements of this section 11-506.
Section 4. Section 26-123 of the Code, concerning defined terms, is hereby amended by adding the following new definition for “dwelling, single attached” and by amending the “short term rental host” definition, in their respective alphabetical locations, as follows:
Sec. 26-123. - Definitions.
DWELLING, SINGLE ATTACHED. A TYPE OF MULTI-UNIT DWELLING THAT INCLUDES THREE (3) OR MORE DWELLING UNITS WHERE EACH UNIT IS ATTACHED TO OTHER UNITS BY PARTY WALLS, AND WHERE HABITABLE SPACES OF DIFFERENT UNITS ARE
ARRANGED SIDE-BY-SIDE, RATHER THAN A STACKED
CONFIGURATION. THIS CAN INCLUDE, BUT IS NOT LIMITED TO, TOWNHOMES WITH EXTERIOR ENTRANCES.
Short-term rental host. Any person OR PERSONS, as defined in this section, WHO HAVE OWNERSHIP, POSSESSION OR CONTROL OF
THE PREMISES OR ITS OPERATION AS A SHORT-TERM RENTAL, WHETHER AS OWNER, CO-OWNER, OCCUPANT, TENANT OR AGENT OF ANY OF THE SAME as owner of a property, who offers or provides lodging in a short-term rental.
Section 5. Section 26-645 of the Code, concerning short-term rentals, is hereby
amended as follows:
Sec. 26-645. - Short-term rentals.
Short-term rentals, as defined in section 26-123, are subject to the following requirements:
5
A. Licensing and permitting required. It shall be unlawful for any person, as defined in section 26-123, to offer or provide lodging in the form of a short-term rental within the city without having first obtained a short-
term rental business license pursuant to chapter 11, article XIV of the Code.
Only owners of the affected real property may obtain short-term rental business licenses.
B. Permitted locations.
1. Short-term rentals are permitted as primary or accessory
uses in all residential, agricultural, commercial, and mixed-
use zone districts, including planned development districts.
2. Short-term rentals are prohibited in industrial zone districts including planned industrial developments.
C. Maximum number per short-term rental host: A short-term rental
host, as defined in section 26-123 ("short-term rental host"), may operate a
short-term rental in up to one (1) dwelling unit not occupied by the host (a "whole-home" rental), and in up to one (1) dwelling unit occupied by the host (a "partial-home" rental) where a portion of the dwelling unit, such as a room or rooms, functions as a short-term rental, so long as the host continuously
resides in the dwelling unit or on the same property in either the primary or
accessory dwelling unit through the duration of the rental. This maximum shall apply to all types of dwelling units in all zone districts, except for the following:
1. Apartments and mixed use developments. A short-term
rental host, as the owner of an apartment or mixed-use
development in the mixed use-neighborhood (MU-N), mixed use-commercial (MU-C) series, and commercial-one (C-1) zone districts, may operate a maximum of four (4) dwelling units as short-term rentals within that development. For
apartment and mixed-use developments with greater than
forty (40) dwelling units in those zone districts, additional short-term rentals are permitted at a rate of five (5) percent of the total number of dwelling units, in addition to the four (4) already permitted by this section. For the purposes of this
subsection, an apartment or mixed-use development shall
mean one (1) or more multiple contiguous properties under one (1) ownership with one (1) or more multi-unit dwellings or mixed use buildings, EXCLUDING SINGLE ATTACHED DWELLING USES.
2. Condominium developments: For condominium developments (those which have a recorded condominium plat allowing for individually-owned dwelling units) in any zone district, each individual dwelling unit owner is eligible, as a short-term rental host, to operate a short-term rental as
provided by subsection C. of this section, provided that the
6
maximum number of such rentals allowed by subsection C.1. is not exceeded in the development.
3. Accessory dwelling units: A short-term rental shall be
permitted to operate within an accessory dwelling unit and
shall be considered an owner-occupied or partial-home short-term rental.
D. Requirements.
1. THE PROPERTY OWNER OF A short-term rental owner
must obtain a short-term rental business license pursuant to chapter 11, article XIV.
2. A short-term rental must be located within a legal dwelling unit as defined in section 26-123.
3. The building or portion of building used as a short-term
rental shall continuously meet the standards of all applicable
international residential and building codes adopted or amended by the City of Wheat Ridge as set forth in chapter 5 of the Code of Laws.
4. Short-term rentals are prohibited in temporary structures
and buildings or structures without a residential certificate of
occupancy, including but not limited to: recreational vehicles, sheds, tents, and campers.
5. Short-term rentals are prohibited in deed-restricted affordable housing, income-restricted housing, age-restricted
housing, and rent-stabilized or rent-controlled housing. A
short-term rental host shall be required to attest to compliance with this provision as part of the registration process.
6. If the property does not meet the minimum parking requirements in section 26-501 for the zone district in which it
is located, one (1) additional parking space per short-term
rental is required to be installed prior to approval of a short-term rental license. A short-term rental host shall be required to attest to compliance with the parking requirements as part of the registration process.
7. Short-term rentals located in any residential zone district
shall be restricted to a minimum two-night stay, per individual reservation.
E. Maximum number of short-term rentals per city council district.
1. There shall be a limit on THE total number of non-owner-
occupied short-term rentals that are licensed in each city
council district. The limit per council district shall be established by the community development director on an annual basis ON JANUARY 1, WITH A REPORTING
7
DEADLINE OF JANUARY 31. THE LIMIT and shall be calculated as two (2) percent of the total number of units within single- ,and two-unit, AND SINGLE ATTACHED dwellings in
each district (single attached townhomes units shall be included in the total number of units). This restriction shall not apply to owner-occupied short-term rentals and shall not apply to short-term rentals in non-residential and non-agricultural zone districts, including mixed use districts and
commercial zone districts.
a. THIS RESTRICTION SHALL APPLY TO ANY SINGLE-, TWO-UNIT, AND SINGLE ATTACHED DWELLING IN ANY ZONE DISTRICT.
b. THIS RESTRICTION SHALL NOT APPLY TO
OWNER-OCCUPIED SHORT-TERM RENTALS.
c. THIS RESTRICTION SHALL NOT APPLY TO SHORT-TERM RENTALS WITHIN APARTMENT AND MIXED-USE DEVELOPMENTS IN MIXED USE AND COMMERCIAL ZONE DISTRICTS WHICH ARE
SUBJECT TO THE RESTRICTIONS OF
SUBSECTION (C)(1) HEREOF.
2. If the maximum number for any district is reached, any subsequent application shall be placed on a waiting list until such time that the total number of short-term rentals in that
district falls under the maximum number allowed.
Section 6. 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 7. 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 12th day of August 2024, ordered published by title and in full on the City’s website
as provided by the Home Rule Charter, and Public Hearing and consideration on final
passage set for August 26, 2024 at 6:30 p.m., as a virtual meeting and 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 ____, 2024.
8
SIGNED by the Mayor on this _____ day of ____________, 2024.
_______________________________ Bud Starker, Mayor
ATTEST:
____________________________ Margy Greer, Sr. Deputy City Clerk
Approved as to Form
_________________________ Gerald E. Dahl, City Attorney
First Publication: August 13, 2024 Second Publication: August 27, 2024 Effective Date: September 11, 2024 Jeffco Transcript and www.ci.wheatridge.co.us
ITEM NO: 6
DATE: August 12, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 36-2024 – A RESOLUTION SUPPORTING
AN APPLICATION TO THE JEFFERSON COUNTY OPEN SPACE TRAILS PARTNERSHIP PROGRAM TO REQUEST FUNDING FOR CLEAR CREEK TRAIL CONCRETE IMPROVEMENTS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
______________________________ ________________________ Director of Parks & Recreation City Manager ISSUE: The City is eligible to apply for funding from the Jefferson County Open Space (JCOS) Trails
Partnership Program for trail-related improvement projects. The 2024 proposal is for funding to
supplement the previously awarded CDOT Transportation Alternatives Program (TAP) grant to replace concrete along certain segments of the Clear Creek Trail. A resolution of support from City Council is required to submit an application.
PRIOR ACTION: On April 10, 2023, Council passed a Resolution in support of applying to the CDOT TAP for funding for this project. Councilmember Ohm also submitted a letter of support for this project with that application. That funding was subsequently awarded to the city.
FINANCIAL IMPACT:
The CDOT TAP awarded $951,709 in reimbursable grant funds for this project. The project total cost estimate is approximately $1,427,563, which is $475,854 more than the existing grant funding will cover. This funding request to JCOS is for the additional funding needed to complete the project. Should this resolution pass and should the city be awarded the JCOS funding, the goal is for the project to be completed with minimal to no city funding beyond staff
time.
Council Action Form – Resolution Supporting JCOS Trails Partnership Program Application August 12, 2024
Page 2
Project design is planned for 2025, at an estimated cost of $156,000.
Project construction is planned for 2026, at an estimated cost of $1,271,563.
Should this resolution not pass, and the application not be submitted, the city would have to pay
the $475,854 difference to complete the project. Because staff is not certain that the City will be awarded JCOS funds, this amount will be budgeted in Fund 32 in 2025 and 2026, so the project can move forward regardless.
BACKGROUND:
The standard for regional trails in Jefferson County is 10’ wide sawcut concrete with 2’ of soft-
surface shoulders on each side. In certain locations in Wheat Ridge, the regional Clear Creek Trail is 8’ wide (or less), is asphalt, and/or has cracking. This project proposal, which was already approximately 67% funded by CDOT’s TAP grant, would replace those areas with 10’ wide, sawcut concrete and include the soft surface shoulders where it’s feasible to do so.
The aim of this grant application to the JCOS Trails Partnership Program is to cover the
remaining 33% of the project cost and to subsequently complete the project with minimal-to-no city funding beyond staff time.
The “Description of Proposed Project Wheat Ridge CCT” (Clear Creek Trail) attachment details the project scope and the “Wheat Ridge JCOS Application Map” attachment shows the project
locations.
RECOMMENDATIONS: Parks and Recreation Department staff recommend passing this resolution to support submitting an application to Jefferson County Open Space.
RECOMMENDED MOTION:
“I move to approve Resolution No. 36-2024 – a resolution supporting an application to the Jefferson County Open Space Trails Partnership program to request funding for Clear Creek Trail concrete improvements.”
Or,
“I move to postpone indefinitely Resolution No. 36-2024 – a resolution supporting an application to the Jefferson County Open Space Trails Partnership Program to request funding for Clear Creek Trail concrete improvements for the following reason(s) __________________.”
REPORT PREPARED/REVIEWED BY: Brandon Altenburg, Grant and Special Project Administrator Karen O’Donnell, Parks and Recreation Director Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 36-2024
Council Action Form – Resolution Supporting JCOS Trails Partnership Program Application August 12, 2024
Page 3
2. Trails Partnership Program Info Sheet 3. Description of Proposed Project Wheat Ridge CCT
4. Wheat Ridge JCOS Application Map
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 36 Series of 2024
TITLE: A RESOLUTION SUPPORTING AN APPLICATION TO THE
JEFFERSON COUNTY OPEN SPACE TRAILS PARTNERSHIP
PROGRAM TO REQUEST FUNDING FOR CLEAR CREEK
TRAIL CONCRETE IMPROVEMENTS
WHEREAS, the Clear Creek Trail is utilized and valued by the residents of Wheat Ridge; and
WHEREAS, the City wishes to apply for external grant funding through the Jefferson County Open Space Trails Partnership Program to complete maintenance and improvement work along the Clear Creek Trail; and
WHEREAS, an application to the Jefferson County Open Space Trails Partnership Program requires a City Council Resolution of support.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. City Council hereby supports this application to the Jefferson County
Open Space Trails Partnership Program. Section 2. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 12th day of August 2024.
Bud Starker, Mayor ATTEST:
Margy Greer, City Clerk
ATTACHMENT 1
APPLICATION PROCESS
- Serves immediate neighborhood or community
- New trail within a neighborhood park
- Trail connection from a school to a local park
Local Project Examples
- Serves multiple jurisdictions
- Trail connects to regional trail
-
Regional Project Examples
1.Contact JCOS
2.Submit Application
3.Application Review
Discuss eligibility with Trails & Access
Program Manager and determine if
project is local or regional.
Using the form on the website, submit
project scope, location and maps,
budget, maintenance plan, resolution
from governing board, natural
resources impact, and a description of
how the project achieves the goals of
Space Advisory Committee reviews and
recommends proposals.
The Board of County Commissioners
gives final approval.
Award letter with JCOS funding
amount, JCOS Fund Recognition Guide,
and a project completion deadline
within two years of award date.
Applicants will be notified if their
project is not selected.
July 1, 2024 - Applications available
September 1, 2024 - Applications due
January 2025 - Notice of award
25%
50%
ELIGIBILITY
50% of regional trail projects. All partners that manage public land and/
eligible to apply.
Eligible projects include trail construction, trail maintenance,
trailhead amenities (benches, kiosks, and restrooms), and Greenway
enhancements (stream restoration, tree planting, etc.). Project must
trails or greenspaces.
up to
up to
JEFFCO OPEN SPACE
TRAILS PARTNERSHIP PROGRAM 2025
JCOS Funding
JCOS Funding
be included in an approved plan, identified in the Jeco Trails Plan, or
improve safety, equitable access, and connectivity of Jeerson County
Jeerson County Open Space (JCOS) will fund up to 25% of local or up to
or provide public park and recreation services in Jeerson County are
Emily Guin
Trails & Access Program Manager
egun@jeco.us
303.271.5946
Rachel Brenna
Strategy & Planning Director
rbrenna@jeco.us
303.271.5991ATTACHMENT 2
Attachment A: Description of Proposed Project
City of Wheat Ridge Peaks to Plains Trail Proposal
The regional Peaks to Plains Trail (P2P) is an ongoing project to create a 65-mile trail of statewide
significance that will serve the 3 million residents of the Denver metro area. The goal is that the Peaks to
Plains Trail will one day connect the South Platte Trail in Denver to the headwaters of Clear Creek at
Loveland Pass. Once completed, it will connect four counties and seven cities, with a total elevation gain
of more than 1 mile.
This legacy trail project will offer visitors a truly quintessential Colorado experience. That is why it was
chosen as one of former Governor Hickenlooper’s 16 highest priority trail projects in the state as part of
the Colorado the Beautiful Initiative.
The P2P runs through the Wheat Ridge Greenbelt for ~7 miles and receives heavy cyclist, pedestrian,
and other recreational users. This proposal is to reconstruct significant sections of the P2P in east Wheat
Ridge to meet the trail standard of 10’-wide, 6” deep concrete with 2’-wide crusher fines on both sides
(where feasible). This work would make the entire P2P in Wheat Ridge, except the eastern-most 2,000
linear feet in Wheat Ridge, the standard 10’-wide concrete with crusher fines shoulders (where
feasible). This proposal will also improve safety, access, connectivity, the user experience for multiple
types of recreational user groups, and maintenance efficiency and effectiveness on Wheat Ridge’s
section of the P2P.
Project Description by Map Section west-to-east:
#1: Asphalt Upgrade and Widening Near Prospect Park:
This section is the second of two remaining Wheat Ridge trail-sections that are still the original 8’-wide
asphalt. To meet the P2P trail standard, the asphalt will need to be replaced by approximately 533 SY of
concrete with 2’-wide crusher fines shoulders. This area borders the newly renovated Prospect Park,
which is one of the most popular P2P trailheads in Wheat Ridge and includes two ballfields, two
soccer/football fields, a lake with fishing piers, a large picnic pavilion, six pickleball courts, and more. It
also includes two tighter curves that have lower visibility in the spring/summer when the adjacent trees
are filled out.
#2: Otis St. Connection (replaced and improved in 2022) to Wadsworth Trail Connection (scheduled to
open in 2024 with street project)
The west end of this section is where the in-progress Wadsworth Trail connection ramp meets the P2P.
The Wadsworth Trail is a new 12’-wide multi-use trail that is under construction and will run along the
east side of Wadsworth Boulevard from the P2P south to 32nd Avenue. The new trail and connection will
greatly improve bike/ped access and connectivity along the Wadsworth corridor and to the P2P.
West of this connection point, the P2P becomes 10’ wide concrete again. East of this connection point is
8’-wide concrete and includes a limited visibility curve and existing damaged concrete areas.
Reconstructing this stretch to the P2P standard, in the context of this full proposal, would make the
Wheat Ridge P2P the standard trail width from Creekside Park on the east side all of the way through
ATTACHMENT 3
Attachment A: Description of Proposed Project
City of Wheat Ridge Peaks to Plains Trail Proposal
Wheat Ridge into unincorporated Jefferson County on the west side. This is estimated to be 1,900 SY of
new concrete.
#3: Otis St. TH Connection to former Asphalt section, underneath two I-70 overpasses
This section is currently 8’-wide concrete, goes under two overpasses, includes a bridge abutment that
impedes the trail and causes user safety concerns and impacts maintenance efforts, and connects to the
newly improved 10’-wide Otis St. trailhead connection. There are areas of damaged concrete
throughout this section. Drainage improvements would be added where needed under the overpasses.
This improvement could include an addition of a small trail connector to form a “Y” trail connection
between the P2P and the Otis St. trail. This 852 SY concrete reconstruction would make this entire
stretch 10’-wide concrete with crusher fines shoulders where feasible.
#4: Asphalt Upgrade and Widening Near I-70 Overpass:
This section is one of two remaining Wheat Ridge trail-sections that are still the original 8’-wide asphalt.
To meet the P2P trail standard, the asphalt will need to be replaced by approximately 370 SY of concrete
with 2’-wide crusher fines shoulders. This section goes through CDOT right-of-way underneath an I-70
overpass and includes tighter curves with blind corners and reduced lighting due to the overpass. The
current asphalt is damaged in many places.
#5: Replacement and Widening to 10’ from former asphalt section to 10’ Marshall St. trail connection
This section is currently 8’-wide concrete, goes under an overpass, and connects to the eastern end of
the proposed asphalt replacement area and to the western end of the 10’-wide concrete trail
connection from the west side of Marshall St. This 474 SY concrete reconstruction would make this
entire stretch 10’-wide concrete with crusher fines shoulders where feasible.
#6: Marshall St. west connection to proposed Marshall St. east connection and Creekside Park
Reconstructing this section from the current 8’-wide concrete to the trail standard 10’-wide concrete
would fill a gap in this project’s scope as it is in-between the proposed east Marshall St. – P2P
connection and the previously listed section #4. This would be approximately 551 SY of concrete.
#7: Marshall St. to Peaks to Plains Trail and Creekside Park Connection
This proposed trail connection has been a identified as a connection need by open space staff and via
public engagement. From Marshall St., users have worn a dirt path to the P2P. This proposal would build
Attachment A: Description of Proposed Project
City of Wheat Ridge Peaks to Plains Trail Proposal
a 116 SY trail connection to the P2P standard to improve access here. This area borders Creekside Park
in Wheat Ridge and is near to the Arvada border.
Attachment B: Maps, Plans, and Photographs
City of Wheat Ridge Peaks to Plains Trail Proposal
Overall project map within an excerpt of the Wheat Ridge Greenbelt and Peaks to Plains Trail.
Project areas circled in purple with purple notes. Subsequent numbered sections are west-to-east
along Trail:
ATTACHMENT 4
Your signature here
ITEM NO: 7
DATE: August 12, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE AN AGREEMENT WITH AND
SUBSEQUENT PAYMENTS TO ECI SITE CONSTRUCTION MANAGEMENT, INC. FOR CONSTRUCTION OF THE PHASE II GREEN AT 38TH PROJECT FOR A TOTAL AMOUNT OF $5,974,155 WITH A CONTINGENCY OF $300,000 FOR A TOTAL NOT TO EXCEED AMOUNT OF $6,274,155
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_____________________________ Director of Parks & Recreation City Manager ISSUE: ECI Site Construction Management, Inc. was retained in May 2023 as the construction manager and general contractor (CM/GC) for the Green at 38th Project. Subsequently, they were awarded a contract in March 2024 for Phase I of the project to relocate the Steven’s Elementary parking lot. Approval of this agreement with ECI for Phase II of the Green at 38th Project will complete
the project with the construction of the park adjacent to the new Stevens Elementary parking lot.
PRIOR ACTION: The City engaged with Architerra Group to begin the design process for the Green at 38th in April of 2023. The City solicited for a construction manager and general contractor and ECI Site Construction Management, Inc was selected as the best value contractor for the City. A year later
in April 2024, the City and ECI signed a construction agreement for ECI to complete Phase I of the project which largely consisted of relocating the parking lot at Stevens Elementary.
FINANCIAL IMPACT: The funds for this project come from multiple sources including a GOCO grant in the amount of $500,000, a DOLA EIAF grant in the amount of $850,000, a CDOT RMS grant in the amount of
Council Action Form – Motion to Approve Green at 38th Phase II Construction Contract August 12, 2024
Page 2
$250,000, as well as a USDA Urban Forestry, Gates Family Foundation grant, and a Waste Management grant. The total amount of grant funding for this project is $1,674,574. The
remaining funding will come from the General Fund, fees in lieu of parkland dedication, Open
Space and Conservation Trust funding. The total cost will not exceed $5,974,155 for construction and $300,000 in contingency for a total project cost that will not exceed $6,274,155.
The City has reserved a total of $3,000,000 in 2024 to cover costs incurred in 2024. The City plans to reserve $2,974,155 and an additional contingency fund not to exceed $300,000 for a
grand total not to exceed amount of $3,274,155 to complete the construction in 2025.
BACKGROUND: In August 2018, with Council’s direction from the April 2018 study session, staff engaged with Architerra Group, a local landscape design firm, to develop conceptual designs for The Green. Architerra developed multiple options and those were presented to focus groups of interested
stakeholders, including various school district representatives, Stevens Elementary parents,
Localworks and 38th Avenue businesses. Some of the designs maintained the current footprint of The Green, while others altered that orientation such that it would occupy the entire frontage along 38th Avenue and relocate the school’s parking and student drop-off area to be a buffer between 38th Avenue, The Green and the school. The final design was presented to City Council
on March 4, 2024.
This project is being delivered through a guaranteed maximum price (GMP) contract. GMP contracts are often used in cases where the owner would benefit from contractor input early on in the process. ECI was retained in May 2023 through a CM/GC contract to assist in project
development. ECI provided valuable insights to the design process as well as providing input on
construction timing and phasing. Subsequently, they were awarded a contract for Phase I construction in March of 2024. Phase I of the project (the Stevens Elementary parking lot) broke ground in June of 2024. The
parking lot will be substantially complete by August 8th, ahead of the start of the 2024-2025
school year and construction on the park portion of the project will begin shortly thereafter, with completion in the fall of 2025. RECOMMENDATIONS:
City staff recommends approval of the agreement to continue the Green at 38th Project. RECOMMENDED MOTION: “I move to approve an agreement with and subsequent payments to ECI Site Construction Management, Inc. for construction of the Phase II Green at 38th Project for a total amount of
$5,947,155 with a contingency of $300,000 for a total not to exceed amount of $6,274,155.”
Or, “I move to not approve an agreement with and subsequent payments to ECI Site Construction
Management, Inc. for construction of the Phase II Green at 38th Project for a total amount of
Council Action Form – Motion to Approve Green at 38th Phase II Construction Contract August 12, 2024
Page 3
$5,947,155 with a contingency of $300,000 for a total not to exceed amount of $6,274,155 for the following reason(s) __________________.”
REPORT PREPARED/REVIEWED BY: Whitney Mugford-Smith, Procurement Manager Karen O’Donnell, Director of Parks & Recreation Patrick Goff, City Manager
ATTACHMENTS: 1. Contract with ECI Site Construction Management, Inc. 2. ECI Site Construction Management Guaranteed Maximum Pricing 3. Clarifications and Assumptions
Green at 38th Phase II Construction Agreement
CITY OF WHEAT RIDGE 24-153-Green at 38th Phase II Construction
AGREEMENT
THIS AGREEMENT, made this day of August, 2024 by and between the City of Wheat Ridge, Colorado, hereinafter called "Owner" and ECI Site Construction Management, Inc., PO Box 2135, Loveland, CO 80539, hereinafter called "Contractor".
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned the parties agree as follows:
1. The Contractor agrees to furnish all materials, supplies, tools, equipment, labor, and other services necessary to complete the construction of the Project titled, The Green at 38th, Phase II, in accordance with the Contract Bid Documents.
2. The Contractor agrees to perform all the Work described in the Contract Bid Documents and comply with the terms therein for the Total Contract amount of six million, two hundred seventy-four thousand, one hundred fifty-five dollars ($6,274,155). The City has reserved a total of three million dollars ($3,000,000) in 2024 to cover costs incurred in 2024. The City plans to reserve two million, nine hundred seventy-four thousand, one hundred fifty-five dollars ($2,974,155) and an additional contingency fund not to exceed three hundred thousand dollars ($300,000) for a grand total not to exceed three million, two hundred seventy-four thousand, one hundred fifty-five dollars ($3,274,155) to complete the construction in 2025..
3. The Contractor agrees to commence the Work required by the Contract Documents within Fourteen (14) calendar days after the date of the Notice to Proceed and to complete the same within 305 working days after the date of the Notice to Proceed unless the time for completion is extended otherwise by written changes to the Contract Bid Documents.
4. The term "CONTRACT BID DOCUMENTS" means and includes the following:
A Signature Page K Agreement B Advertisement for Bids L Payment Bond C Information for Bidders M Performance Bond D Contractor Qualification N Notice to Proceed E Bid Form O Final Receipt F Bid Schedule P Project Special Provisions G List of Subcontractors Q General Provisions H Non-Discrimination Assurance R Addenda I Non-Collusion Affidavit Q Drawings/ Exhibits J Bid Bond S Keep Jobs in Colorado 5. The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions, such amounts as required by the Contract Documents.
6. Section 2-3 (a) – (e) of the City's Code of Laws is presented below:
(a) Fiscal year. Fiscal year for the city shall commence on January 1 and end on December 31.
(b) Budget contains appropriations. The city council shall annually adopt a budget in a manner consistent with the provisions of Chapter X of the Home Rule Charter of the City of Wheat Ridge. Upon the annual adoption by the city council of each fiscal year's budget, levels of authorized expenditures from the funds indicated within the annual budget itself and/or the adopting resolution shall constitute the appropriation of the amounts specified therein for the purposes specified therein. During the course of each fiscal year, approval by the city council of contracts for goods or services, and/or approval of bids for the provision of specified goods or services, shall likewise constitute appropriations of the amounts specified therein for the purposes specified therein.
(c) No contract to exceed appropriation. During each and any fiscal year, no contract entered into by or on behalf of the city shall expend or contract to expend any money, or incur any liability, nor shall any contract be entered into nor any bid be awarded by or on behalf of the city which, by its terms, involves the expenditure of money for any of the purposes for which provision is made either in the adopted budget or adopting resolution, including any legally authorized amendments thereto, in excess of the amount appropriated in the budget or the approved contract or bid award. Any contract
Green at 38th Phase II Construction Agreement
or bid award, either verbal or written, made in violation of the provisions of this section shall be void as to the city and no city monies from any source whatsoever shall be paid thereon.
(d) Amendments and authorized expenditures. Nothing contained herein shall preclude the city council from adopting a supplemental appropriation in a manner consistent with the provisions of Section 10.12 of the Home Rule Charter of the city. Further, nothing contained in this section shall prevent the making of contracts for governmental services or for capital outlay for a period exceeding one (1)
year if such contracts are otherwise allowed by the Home Rule Charter of the city; provided, however, any contract so made shall be executory only for the amounts agreed to be paid for such
services to be rendered in succeeding fiscal years.
(e) Notice to parties contracting with the city. All persons contracting with, or selling goods or services to, the city are hereby placed upon notice of the provisions of this section. The provisions of this section shall become a part of the Merit System Personnel Rules and Regulations of the City of
Wheat Ridge; shall be referred to specifically in all bid documents and contracts; and shall be incorporated into, and specially noted within, all other contracts entered into by or on behalf of the
city wherein city funds are used to pay for said contract.
7. Section 2-4 of the City Code of Laws is presented below:
(a) The city may, by contract, require the contractor awarded a parks & recreation contract to waive, release or extinguish its rights to recover costs or damages, or obtain an equitable adjustment, for
delays in performing such contract if such delay is caused, in whole or in part, by acts or omissions of the city or its agents, if the contract provides that an extension of time for completion of the work is the contractor's remedy for such delay. Such a clause is valid and enforceable, any provision of state law to the contrary notwithstanding.
(b) The city council, by this ordinance (Ordinance No. 812), declares its local contracting powers to be a matter of purely local concern, and further specifically intends to supersede, pursuant to its powers
under Article XX of the Colorado Constitution, the provisions of Sections 24-91-101 and 24-91-103.5, C.R.S., insofar as they conflict with the provisions of this section of the Code of Laws of the City of Wheat Ridge, Colorado.
8. Any notice or communication given pursuant to this Agreement to the City shall be made in writing:
Contact Information City Contractor
Name: Karen O’Donnell Ian Mestdagh, PE
Office Phone: 303-231-1308 970-669-6291
Email Address: kodonnell@ci.wheatridge.co.us ian.mestdagh@ecisite.net
Address: 7500 W 29th Ave. PO Box 2135
City, State, Zip Code Wheat Ridge, CO 80033 Loveland, CO 80539
9. The Contractor agrees to abide by the requirements under EXECUTIVE ORDER NO. 11246 as amended, including specifically the provisions governed by the Equal Opportunity Commission and also to abide by the
requirements of the IMMIGRATION REFORM AND CONTRACT ACT OF 1986 and the requirements of the AMERICANS WITH DISABILITIES Act of 1991; and the United States Department of Transportation Title VI Regulations at 49 CFR Part 21 requirements under the Civil Rights Act of 1964, assuring that no person shall on the grounds of race, color, or national origin be excluded from participation in the opportunity to bid, or be discriminated against in consideration of award of this project.
10. In accordance with CRS Title 24, Article 91, Section 103.6, Paragraph 2, Subparagraph a, the City of Wheat Ridge hereby states that funds have been appropriated for this Project in an amount equal to or in excess of the Original Contract Amount.
In accordance with CRS Title 24, Article 91, Section 103.6, Paragraph 2, Subparagraph a, the City of Wheat Ridge hereby states that funds have been appropriated for this Project in an amount equal to or in excess of the
Original Contract Amount.
11. Vendor Performance Feedback The City of Wheat Ridge has implemented a requirement for Project Managers to assess each vendor’s performance and issue a determination as to whether the City should award the vendor future City contracts. All contracts will need to be considered as part of the requirement. The following criteria will be evaluated annually for renewable contracts and at contract closeout for one-time agreements:
a. Work completed on time b. Work completed within budget c. Work completed as per the Scope of Work
Green at 38th Phase II Construction Agreement
d. Future awards recommendation 12. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.
GENERAL PROVISIONS ARTICLE 1 – SERVICES The Contractor will serve as the City’s contractor and provide at a minimum all the professional regarding the on-call landscape architect services required as per the agreed upon Statement of Work (Exhibit A) incorporated herein by reference. ARTICLE 2 – TERM
The work to be performed under this agreement may commence promptly after receipt of a fully-executed copy of the agreement, to the extent that the Contractor has been authorized to proceed by the City. It is anticipated that the work will be substantially completed by June 27, 2025. Any project related activities occurring beyond this date will be considered a breach of this agreement and the Contractor will be financially responsible for those delays. The Contractor agrees not to invoice the City for any delays caused by weather or any other non-working days. ARTICLE 3 – PAYMENT AND FEE SCHEDULE The Contractor agrees to perform all the Work described in the Contract Bid Documents and comply with the terms therein for the Total Contract amount of six million, two hundred seventy-four thousand, one hundred fifty-five dollars ($6,274,155). The City has reserved a total of three million dollars ($3,000,000) in 2024 to cover costs incurred in 2024. The City plans to reserve two million, nine hundred seventy-four thousand, one hundred fifty- five dollars ($2,974,155) and an additional contingency fund not to exceed three hundred thousand dollars ($300,000) for a grand total not to exceed three million, two hundred seventy-four thousand, one hundred fifty-five dollars ($3,274,155) to complete the construction in 2025. The City operates on a calendar year as its fiscal year; as such, all invoices must be received no later than December 20, in order to be processed in the same calendar year.
A. Invoices by Task
Invoices will be submitted monthly by the Contractor for services performed and expenses incurred, pursuant to this agreement during the prior month. Payment is then made to the Contractor within thirty (30) days of receipt via Electronic Funds Transfer (EFT). The City may elect the alternative method of payment by the Treasurer’s Office through proper accounting procedures. B. Funding
There is in effect within the City of Wheat Ridge, Colorado, a provision of the City’s Code of Laws which limits the amount for which the City will be liable to the amount expressly appropriated by the City Council, either through budgeted appropriation, or contract or bid award. The contractor is specifically advised of the provisions of this portion of the Code of Laws of the City of Wheat Ridge, which was enacted pursuant to Ordinance 787, Series of 1989, and expressly incorporated herein. This contract is specifically subject to the provisions of said Ordinance and adopted Code Section. ARTICLE 4-SALES AND USE TAXES Don’t include sales or use tax in invoices, as the City of Wheat Ridge is exempt from City, County, State, and Federal sales and excise taxes. Certificates will be issued upon request. City of Wheat Ridge Sales Tax Exempt: 98-03515 ARTICLE 5 – INDEPENDENT CONTRACTOR In performing the work under this agreement, the Contractor acts as an independent contractor and is solely responsible for necessary and adequate worker’s compensation insurance, personal injury and property damage insurance, as well errors and omissions insurance. The Contractor, as an independent contractor, is obligated to pay Federal and State income tax on monies earned. The personnel employed by the Contractor are not and will not become employees, agents, or servants of the City because of the performance of any work by this agreement. The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person—other than bona fide employees working solely for the Contractor—any commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this agreement. For breach or violation of this warranty the City will have the right to annul this agreement without liability or in its discretion
Green at 38th Phase II Construction Agreement
to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 6 – INSURANCE In accordance with Article 4 above, the Contractor will furnish a certificate of insurance upon notification of award, and prior to performance. Work will not commence under this agreement until the Contractor has submitted to the City and
received approval thereof, a certificate of insurance showing compliance with the following minimum types and coverages of insurance: Type of Insurance Minimum Limits of Liability
Worker’s Compensation, Coverage A Statutory, including occupational disease coverage for all employees at work site.
Employer Liability, Coverage B $500,000 per person $500,000 per accident $500,000 each disease
Commercial General Liability (including
Premises-Operations, Independent Contractor’s Protective, Broad Form Property Damage, and
Contractual Liability)
• Bodily Injury
• Property Damage
$1 million per occurrence $2 million aggregate $1 million per occurrence $2 million aggregate Professional Liability/ Errors and Omissions $1,000,000 each claim $1,000,000 aggregate
An endorsement covering any explosion, collapse, and underground exposures, “XCU,” in the
Commercial General Liability policy is also required. Comprehensive Automotive Liability (owned, hired, and non-owned vehicles)
• Bodily Injury
• Property Damage
$2 million per occurrence $2 million per occurrence
The City of Wheat Ridge will be named as additional insured on all liability policies. Insurance must include provisions preventing cancellation without 30 days prior notice by
certified mail to the City. Nothing herein will be deemed or construed as a waiver of any of the protections to, which the agencies may be entitled pursuant to the Colorado Governmental Immunity Act, Sections 24-10-101, CRS, as amended. ARTICLE 7 – INDEMNIFICATION The Contractor agrees to indemnify, defend, and to hold the City and its agents, officials, officers and employees harmless for, from and against any and all claims, suits, expenses, damages, or other liabilities—including reasonable attorney fees and court costs arising out of damage or injury to persons, entities, or property causes or sustained by any person or persons to the extent caused by the negligent performance or failure of the Contractor to provide services pursuant to the terms of this agreement. ARTICLE 8 – EQUAL EMPLOYMENT OPPORTUNITY The Contractor will not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, or national origin. The Contractor must adhere to acceptable affirmative action guidelines in selecting employees and will ensure that employees are treated equally during employment, without regard to age, race, color, religion, sex, or national origin. Such action includes —but is not limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training—including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices provided by the local public agency setting forth the provisions of this nondiscrimination clause.
Green at 38th Phase II Construction Agreement
The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this agreement so that such provisions will be binding upon each subcontractor—provided that the foregoing provisions will not apply to contracts or subcontracts for standard commercial supplies or raw materials. ARTICLE 9 – CHARTER, LAWS, AND ORDINANCES The Contractor at all times during the performance of this agreement, agrees to strictly adhere to all applicable
Federal, State, and local laws, rules, regulations, and ordinances that affect or govern the work as contemplated under this agreement. ARTICLE 10 – LAW AND VENUE The laws of the State of Colorado will govern as to the interpretation, validity, and effect of this agreement. The parties agree that venue and jurisdiction for disputes regarding performance of this contract is with the District Court of
Jefferson County, Colorado. ARTICLE 11 – TERMINATION The Contractor acknowledges that his failure to accomplish the work as described will be considered a material breach of the contract and entitle the City to consequential damages resulting from failures, acts, or omissions—including, but not limited to re-procurement costs, insufficient or improper work.
The City and the Contractor agree that this agreement may be canceled for cause by either party, with a fifteen (15) day prior written notice. The cost of completing the portion of the work which remains unperformed at the time of such termination will be deducted from the contract price before payment is made. The City may terminate the agreement for its convenience, upon thirty (30) days written notice. In the event of such
termination the Contractor will be paid for all work and expenses incurred up until the time of such termination. All work accomplished by the Contractor prior to the date of such termination will be recorded, and tangible work documents will be transferred to and become the sole property of the City, prior to payment for services rendered.
ARTICLE 12 – ASSIGNMENT AND SUBCONTRACTORS
The duties and obligations of the Contractor arising hereunder cannot be assigned, delegated, nor subcontracted except with the express written consent of the City. The subcontractors permitted by the City will be subject to the requirements of this agreement, and the contractor is responsible for all subcontracting arrangements, as well as the delivery of services as set forth in this agreement. The contractor is responsible for the performance of any subcontractor. ARTICLE 13 – SEVERABILITY To the extent that the agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of the agreement, the terms of this agreement are severable. Should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure will not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof will not be construed as a waiver of any other term, or the same term upon subsequent breach. ARTICLE 14 – INTEGRATION OF UNDERSTANDINGS This agreement is intended as the complete integration of all understanding between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto will have any force and effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto will have any force or effect unless embodied in writing and signed by an authorized representative of the City and the contractor. ARTICLE 15 – OWNERSHIP OF CONTRACT PRODUCTS All products produced from the awarded contract will be the sole property of the City. ARTICLE 16 – WORKSITE CONDUCT The Contractor will protect the entire site, all construction, all construction materials, including soils from weather/temperature damage. Any weather or temperature damaged materials and construction will be replaced at no cost to the City. The Contractor is responsible for repair or replacement of all materials and construction damaged by vandalism. The City will not accept damaged or vandalized work of any kind.
Green at 38th Phase II Construction Agreement
ARTICLE 17 – INCLEMENT WEATHER AND DELAYS Inclement Weather is defined as: weather conditions which create an unsafe environment to work outdoors and / or travel on local roadways. Unusually severe weather conditions which prevent or inhibit the Contractor’s ability to perform the work are referred to as “Inclement Weather” for the purposes of this agreement. The Contract Term may be adjusted to account for
Inclement Weather Delays, but only if the following conditions are met: a. The Contractor has met milestones, and is performing per the Scope of Work satisfactorily b. The Contractor submits a report detailing site conditions, including the date and time they were expected onsite c. The City reserves the right to deny any term adjustment requests
The City will review any requests for contract amendments as a result of Inclement Weather, however, absolutely no monetary compensation will be granted for non-working days due to weather. ARTICLE 18 – INTERNAL TEAM REVIEW Each party has reviewed the items contained within this contract and recommend executing this contract to proceed with the agreed upon Statement of Work. ______________________________________ __________ Whitney Mugford-Smith, Procurement Manager Date Signed
______________________________________ __________ Karen O’Donnell, Director of Parks & Recreation Date Signed
______________________________________ __________ Patrick Goff, City Manager Date Signed
Green at 38th Phase II Construction Agreement
ARTICLE 19 – AUTHORIZATION Each party represents and warrants that it has the power and ability to enter into this agreement, to grant the rights granted herein, and to perform the duties and obligations described herein. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first above written.
ATTEST: OWNER
CITY OF WHEAT RIDGE 7500 WEST 29TH AVENUE MARGY GREER, SENIOR DEPUTY CITY CLERK WHEAT RIDGE, C0 80033 303-234-5900
DATE BUD STARKER, MAYOR
APPROVED AS TO FORM:
CONTRACTOR
ECI Site Construction Management, Inc.
GERALD DAHL, CITY ATTORNEY PO Box 2135 Loveland, CO 80539
AUTHORIZED SIGNATURE
ATTEST TO CONTRACTOR:
PRINT NAME NAME TITLE
TITLE
DATE DATE
Green at 38th Phase II Construction Agreement
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
ECI Site Construction Management, Inc. (Name of Contractor)
PO Box 2135, Loveland, CO 80539 (Address of Contractor)
A Limited Liability Company hereinafter called "PRINCIPAL", and
(Name of Surety)
(Address of Surety)
hereinafter called "Surety", are held and firmly bound unto the City of Wheat Ridge, 7500 West 29th Avenue, Wheat
Ridge, Colorado 80033, hereinafter called "Owner", in the penal sum of
Five million nine hundred seventy-four thousand one hundred fifty-five dollars ($5,974,155) in lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the day of _________, 2024, a copy of which is hereto attached and made a part hereof for the
Project titled, The Green at 38th , in accordance with the Contract Bid Documents including:
Base Bid – The Green at 38th, Phase II Construction
NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, Subcontractors and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work,
and all insurance premiums on said WORK, and for all labor performed in such work whether by Subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications.
*Insert "a corporation", "a partnership", or "an individual" as applicable.
Green at 38th Phase II Construction Agreement
IN WITNESS WHEREOF, this instrument is executed in one part, each of which shall be deemed an original, this the
day of , 2024
ATTEST: PRINCIPAL
CORPORATE SECRETARY PRINCIPAL
ADDRESS BY
ADDRESS
SURETY ATTEST:
SIGNATURE SURETY
NAME BY (ATTORNEY IN FACT)
TITLE ADDRESS
Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Colorado.
Green at 38th Phase II Construction Agreement
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
ECI Site Construction Management, Inc (Name of Contractor)
98 Wadsworth Blvd #127-244, Lakewood, CO 80226 (Address of Contractor)
A Limited Liability Company hereinafter called "PRINCIPAL", and
(Name of Surety)
(Address of Surety)
hereinafter called "Surety", are held and firmly bound unto the City of Wheat Ridge, 7500 West 29th Avenue, Wheat
Ridge, Colorado 80033, hereinafter called "Owner", in the penal sum of
Five million nine hundred seventy-four thousand one hundred fifty-five dollars ($5,974,155) in lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the day of _________, 2024, a copy of which is hereto attached and made a part hereof for the
Project titled, The Green at 38th , in accordance with the Contract Bid Documents including:
Base Bid – The Green at 38th, Phase II Construction
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guarantee period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner
from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to
remain in full force and effect.
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any
beneficiary hereunder, whose claim may be unsatisfied.
*Insert "a corporation", "a partnership", or "an individual" as applicable.
Green at 38th Phase II Construction Agreement
IN WITNESS WHEREOF, this instrument is executed in one part, each of which shall be deemed an original, this the
day of , 2024
ATTEST: PRINCIPAL
CORPORATE SECRETARY PRINCIPAL
ADDRESS BY
ADDRESS
SURETY ATTEST:
SIGNATURE SURETY
NAME BY (ATTORNEY IN FACT)
TITLE ADDRESS
Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Colorado.
PROJECT: DATE: 8/2/2024
ITEM # ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST
General Requirements/Erosion Control
1 Survey LS 1.0 37,835.00$ 37,835.00$
2 Testing LS 1.0 43,855.25$ 43,855.25$
3 Erosion Control and BMP's LS 1.0 13,870.98$ 13,870.98$
4 Erosion Control Maintenance and Management MO 9.0 2,454.09$ 22,086.81$
Subtotal Site Prep 117,648.04$
Demo
5 Demo Street Lights, Pedestrian Lights and Streetlight Foundations LS 1.0 1,725.00$ 1,725.00$
6 Protect Existing Items LS 1.0 2,891.93$ 2,891.93$
7 Relocate Flashing Beacon LS 1.0 5,750.00$ 5,750.00$
8 Sawcut & Remove Curb Ramp (Sawcut = 42 LF)SF 103.0 15.03$ 1,548.09$
9 Sawcut, Remove & Patch back Curb & Asphalt - Water Utility Tie-In (Sawcut = 30 LF) (Curb Patch back = 7 LF)SY 9.0 587.71$ 5,289.39$
10 Sawcut, Remove & Patch back Curb & Asphalt - Irrigation Utility Tie-In (Sawcut = 30 LF) (Curb Patch back = 7 LF)SY 9.0 587.71$ 5,289.39$
Subtotal Demo 22,493.80$
Earthwork
11 Topsoil Spread LS 1.0 8,572.22$ 8,572.22$
12 Fine Grading LS 1.0 24,822.45$ 24,822.45$
Subtotal Earthwork 33,394.67$
Utilities - Storm
13 8" PVC LF 140.0 111.55$ 15,617.00$
14 6" PVC LF 345.0 109.25$ 37,691.25$
15 6" Perforated HDPE LF 100.0 126.50$ 12,650.00$
16 Trench Drain and Trench Drain Sump LF 52.0 515.41$ 26,801.32$
17 8" Nyloplast Drain Basin (Inlet #5 & #8)EA 2.0 1,434.05$ 2,868.10$
18 10" Nyloplast Drain Basin (Inlet #1, #9, #10 & #11)EA 4.0 1,771.00$ 7,084.00$
19 12" Nyloplast Drain Basin (Inlet #2 & #3)EA 2.0 2,634.65$ 5,269.30$
20 15" Nyloplast Drain Basin (Inlet #4)EA 1.0 3,470.70$ 3,470.70$
21 18" Nyloplast Drain Basin (Inlet #7)EA 1.0 3,834.10$ 3,834.10$
22 30" Nyloplast Drain Basin (Inlet #6)EA 1.0 7,262.25$ 7,262.25$
23 Connect to Existing RCP Storm Line @ Inlet #6 EA 1.0 6,606.75$ 6,606.75$
Utilities - Water
23 1-1/2" Water Tap Fee LS 1.0 66,790.00$ 66,790.00$
24 1-1/2" Water Tap LS 1.0 12,831.70$ 12,831.70$
25 1-1/2" Water Meter in Manhole EA 1.0 15,354.80$ 15,354.80$
26 1-1/2" Waterline LF 33.0 111.55$ 3,681.15$
27 USC Approved Reduced Pressure Principle Assembly EA 1.0 13,541.25$ 13,541.25$
28 3/4" Water Tap Fee LS 1.0 23,805.00$ 23,805.00$
29 3/4" Water Tap LS 1.0 13,530.00$ 13,530.00$
30 3/4" Waterline including gate Valve LF 266.0 69.00$ 18,354.00$
31 3/4" Stop and Waste Valve (Not shown in drawings b EA 1.0 3,151.00$ 3,151.00$
32 Drinking Fountain and Drain Sump LS 1.0 27,260.75$ 27,260.75$
33 Relocate Fire Hydrant LS 1.0 6,188.15$ 6,188.15$
Utilities - Gas Line
34 1-1/4" Gas Line Tap Fee ALLOWANCE LS 1.0 15,000.00$ 15,000.00$
35 1-1/4" Gas Line LF 264.0 110.40$ 29,145.60$
36 Gas Line Connection to Fire Pits EA 1.0 2,875.00$ 2,875.00$
Subtotal Utilities 380,663.17$
Hardscapes
37 Concrete Pavement - 6", Finish A - Grey SF 13,452.0 $11.65 156,715.80$
38 Concrete Pavement - 6", Finish B - Integral Color (Omaha Tan or Sim.)SF 4,006.0 $16.95 67,901.70$
39 Concrete Pavement - 6", Finish C (incl. 6" Class 6 Aggregate Base Course) Durango Dust Sandscape Finish SF 5,464.0 $22.94 125,344.16$
40 Concrete Stairs SF 150.0 $133.47 20,020.50$
41 Concrete Curb, Flush with Grade (Colored 'Palomino' by Davis Colors) - 8"x6" w/ #4 Bars Centered Vertically LF 837.0 $54.36 45,499.32$
42 Concrete Curb 4" Ht. (Colored 'Palomino' by Davis Colors) - 4"x8" w/ #5 Bars Continuous Top & Bottom LF 507.0 $62.91 31,895.37$
43 Concrete Curb 8" Ht. (Colored 'Palomino' by Davis Colors) - 8"x8" w/ #5 Bars Continuous Top & Bottom LF 672.0 $68.71 46,173.12$
44 Concrete Playground Curb LF 110.0 $60.29 6,631.90$
45 Thickened Edge LF 70.0 $50.96 3,567.20$
46 Unit Pavers A SF 3,684.0 $27.13 99,946.92$
47 Unit Pavers B SF 2,422.0 $25.17 60,961.74$
48 Unit Pavers C SF 1,430.0 $25.17 35,993.10$
49 Unit Pavers D SF 3,143.0 $25.17 79,109.31$
50 "Tan" Crusher Fines - 6" SF 6,583.0 $6.71 44,171.93$
51 Concrete Type 1 Perpendicular Curb Ramp (CDOT Curb Ramp Detail M-608-1) 52 SF EA 1.0 $4,383.59 4,383.59$
Subtotal Hardscape 828,315.66$
Structural Concrete
52 Community Celebration Wall Foundation LF 123.0 465.47$ 57,252.81$
53 Community Celebration Drilled Piers EA 12.0 922.59$ 11,071.08$
54 Concrete Seat wall LF 158.0 388.57$ 61,394.06$
55 Concrete Seat wall Drilled Piers EA 13.0 922.59$ 11,993.67$
56 Stage Wall A LF 99.0 528.38$ 52,309.62$
57 Stage Wall B LF 108.0 528.38$ 57,065.04$
58 Stage Wall C LF 10.0 528.38$ 5,283.80$
59 Stage Wall D LF 36.0 528.38$ 19,021.68$
60 Stage Storage Room Foundations and 4" Slab on Grade LF 107.0 468.70$ 50,150.90$
61 Stage Piers EA 6.0 17,639.38$ 105,836.28$
62 Shade Structure Piers EA 4.0 17,639.38$ 70,557.52$
63 Centenary Light Post Foundation EA 8.0 1,506.50$ 12,052.00$
64 Street Light Pole Foundation (WRS)EA 4.0 1,621.50$ 6,486.00$
65 Pedestrian Light Pole Foundation (A,A1)EA 16.0 1,247.75$ 19,964.00$
66 Pedestrian Light Pole Foundation (WRP)EA 6.0 1,288.00$ 7,728.00$
67 Fire Pit Foundation EA 1.0 12,010.68$ 12,010.68$
Subtotal Structural Concrete 560,177.14$
Signage
68 Entry Sign (Southwest) 20 LF Including Foundation AL 1.0 51,754.39$ 51,754.39$
69 Entry Sign (Southeast) 24 LF Including Foundation AL 0.0 86,254.39$ -$
70 Park Signage (Rules, Dog Station, Wayfinding, Etc.)AL 1.0 4,025.00$ 4,025.00$
71 Relocate Traffic Signage LS 1.0 2,167.01$ 2,167.01$
Subtotal Signage 57,946.40$
Site Furnishings/Specialties
72 Fire Pit EA 1.0 $11,446.73 11,446.73$
The Green at 38th 85% CD Set
85 % CD Set - GMP Pricing
LOVELAND, CO 80539PH: 970.669.6291FAX: 970.669.6411www.ecisite.net
73 Ping Pong Table EA 1.0 $8,587.83 8,587.83$
74 Cornhole Boards - Set of 2 (Concrete Pad included EA 2.0 $1,607.56 3,215.12$
75 Streetscape Backed Bench EA 1.0 $1,708.81 1,708.81$
76 Site Pieces Monoline Bench Topper - Backless EA 2.0 $3,736.84 7,473.68$
77 Site Pieces Monoline Bench Topper - Backed EA 6.0 $4,130.71 24,784.26$
78 Streetscape Trash Receptacle EA 3.0 $1,947.06 5,841.18$
79 Park Trash Receptacle EA 9.0 $2,776.26 24,986.34$
80 Bike Rack EA 15.0 $959.70 14,395.50$
81 Lounge Chairs EA 23.0 $405.33 9,322.59$
82 Maglin Kontur Chair and Battery Table EA 12.0 $3,848.33 46,179.96$
83 Landscape Forms Twig Bench EA 2.0 $17,757.80 35,515.60$
84 Freenotes Musical Instruments LS 1.0 $44,721.15 44,721.15$
85 Site Pieces Custom Seating Element LS 1.0 $159,465.67 159,465.67$
86 Community Celebration Wall LS 1.0 $308,649.06 308,649.06$
87 Repurposed Monument Column Tiles ALLOWANCE LS 1.0 $16,905.00 16,905.00$
88 Metal Stage Bench - Sheet A5.04 - 15' Length x 1'-LS 1.0 $10,637.50 10,637.50$
89 Landscape Forms Super Net Plex LS 1.0 $312,996.40 312,996.40$
90 Weevos 2 Arch LS 1.0 $45,758.50 45,758.50$
91 Synthetic Turf Playground Surfacing SF 3,552.0 $27.13 96,365.76$
Subtotal Furnishings 1,188,956.64$
Landscape and Irrigation
92 Soil Prep Sod Area SF 14,324.0 0.52$ 7,448.48$
93 Soil Prep Planting Areas SF 12,781.0 0.69$ 8,818.89$
94 Sod SF 14,324.0 1.21$ 17,332.04$
95 Planting Area, Wood Mulch SF 12,781.0 1.73$ 22,111.13$
96 Deciduous Tree, 1.5" Cal. - 2.5" Cal.EA 86.0 921.81$ 79,275.66$
97 Coniferous Trees, 8' Ht. EA 6.0 1,489.25$ 8,935.50$
98 Shrubs, 5 Gal.EA 343.0 71.88$ 24,654.84$
99 Perennials, 1 Gal.EA 2,235.0 25.59$ 57,193.65$
100 Grasses, 1 Gal.EA 453.0 29.04$ 13,155.12$
101 Irrigation System LS 1.0 167,813.75$ 167,813.75$
Subtotal Landscape 406,739.06$
Architecture/Structures
102 Stage Structure LS 1.0 $795,002.13 795,002.13$
103 Shade Shelter EA 1.0 $438,861.85 438,861.85$
104 San-o-Let Enclosure EA 1.0 $46,915.40 46,915.40$
105 Screen Wall A LF 28.0 $997.36 27,926.08$
106 Screen Wall B LF 16.0 $803.59 12,857.44$
107 Screen Wall C LF 12.0 $835.05 10,020.60$
Subtotal Architecture 1,331,583.50$
Site Electrical and AV
108 Site Electrical LS 1.0 492,956.99$ 492,956.99$
109 AV System LS 1.0 36,322.75$ 36,322.75$
Subtotal Electrical 529,279.74$
5,457,197.82$
Mobilization and General Conditions
General Conditions
110 General Conditions/Supervision/Mobilization/Bond and Insurance LS 1.0 354,560.00$ 354,560.00$
111 Subcontractor Mobilization/Bond LS 1.0 147,397.18$ 147,397.18$
112 Traffic Control LS 1.0 10,000.00$ 10,000.00$
113 Pedestrian Control LS 1.0 5,000.00$ 5,000.00$
516,957.18$
TOTAL COST OF CONSTRUCTION 5,974,155.00$
Construction Contingency
Construction Contingency LS 1.0 300,000.00$ 300,000.00$
300,000.00$
Alternates Description
Alternates
1 0.0 -$ -$
2 0.0 -$ -$
3 0.0 -$ -$
Subtotal Alternate Pricing -$
SUBTOTAL CONTINGENCY
SUBTOTAL MOBILIZATION AND GENERAL CONDITIONS
SUBTOTAL SITE PACKAGE
ATTACHMENT 2
08/02/2024
2526 S.E. 14th Street | PO Box 2135 | Loveland, Colorado 80539
p: 970.669.6291 | f: 970.669.6411 | w: ecisite.net
Green at 38th Park Phase II – Wheat Ridge, CO
Clarifications and Assumptions
1.Pricing per Green at 38th 85% CD Progress Set by Architerra Group dated 07-03-2024.
2.Specifications not provided.
3.Pricing per Geotechnical Evaluation, Green at 38th Wheat Ridge, Colorado by Ground
Engineering dated 10-6-2022.
4.Pricing per Green at 38th – ECI pricing questions – Architerra response 7-23-24. (Exhibit A)
5.Pricing assumes permit fees will be paid by the City of Wheat Ridge.
6.Pricing assumes the project is tax exempt.
7.Pricing assumes there are no wage requirements (Prevailing and Davis Bacon Wages).
8.One-year warranty included in the pricing.
9.Night and weekend work, excluded.
10.Remediation for unforeseen hazardous materials, excluded.
11.Pricing assumes existing fire hydrant and associated piping is sufficient for re-use at new
location.
12.Mock-ups are assumed to be field installed.
13.Pricing assumes existing asphalt to be removed is 5.5” depth per the Geotechnical Report.
14.Pricing assumes saw-cutting will be a maximum of 6” depth.
15.Pricing excludes any unforeseen conditions found underground and not shown on sheet L-2,
Existing Conditions and Demolition Plan drawing.
16.Existing XCEL Energy switch cabinet assumed to be removed by XCEL.
17.Dewatering excluded. Pricing assumes use of general contingency if dewatering is required.
18.Bedrock excavation excluded in pricing.
19.Pricing for 1-1/2” Water Tap line item and ¾” Water Tap includes Class 1 bedding under the
pipe, and flow fill above the pipe.
20.Pricing on flow fill per City of Wheat Ridge detail, U-B02 PIPE.R, Rigid Pipe Trench Backfill
21.Pricing includes Stop & Waste Valve on the ¾” Type K Copper waterline for the drinking fountain
(Not shown in drawings)
22.Gas Line tap fee pricing provided as an allowance.
23.Asphalt patching priced at 6” depth.
24.Pricing at Concrete Pavement Type B assumes 6” Integral Color concrete. Omaha tan or similar.
25.Pricing at Concrete Pavement Type C assumes 6” depth Durango Dust, Sandscape Finish
concrete over 6” base course.
26.Landscape maintenance excluded.
27.Pricing Excludes Large Entry sign with digital display board.
28.Pricing for Repurposed Monument Column Tiles provided as an allowance
29.Sheet A2.02, keynote 5.08.02 steel column. Speakers specified on sheet E-2 will not fit on
columns shown. Modification of speaker mounting to be determined.
30.Pricing assumes sealed concrete floors in storage areas.
31.Pricing includes the allowance for sign on stage wall.
ATTACHMENT 3
08/02/2024
2526 S.E. 14th Street | PO Box 2135 | Loveland, Colorado 80539
p: 970.669.6291 | f: 970.669.6411 | w: ecisite.net
32. Stage room pricing includes 4” concrete slab on grade with 6x6 W1.4xW1.4 welded wire fabric.
33. Stage pricing includes Nichiha panels & trim to exteriors walls of the storage buildings with
Tyvek building wrap at siding areas in lieu of Platt Stone board Formed Concrete Planks.
34. Stage pricing includes 1x6 T&G Beetle Kill Pine exterior soffits.
35. Stage pricing includes 2 coats of sealer on the T&G areas.
36. Stage pricing includes EZ Trim Black Aluminum J Trim at perimeter of all T&G.
37. Stage pricing includes R-19 insulation at exterior walls and storage room ceilings.
38. Stage pricing includes damp-proofing at perimeter wall of storage areas from finish grade to top
of footings with a 2” thick insulation over the damp-proofing.
39. Under slab insulation excluded.
40. Stage pricing for paint includes surface prep, primer and topcoat (topcoat applied to exposed
steel only, underside of roof beneath OSB, interior storage area framing to receive surface prep
and primer). Storage room gypsum board walls and ceiling are included.
41. Stage pricing for flooring includes Surface Prep: Power Wash/Hand Sand to Remove Dirt &
Application: (2) Coats Concrete Sealer (H&C Wetlook or Equivalent)
42. Stage pricing, at base plate and knife plate locations assumes ½” base plate and 3/8” knife plate.
43. Stage pricing, heavy duty door hardware is assumed at room “Storage 2” since it will house the
stage controls and relay panel. Room “Storage 1” is assumed to have a standard door hardware
lockset.
44. Stage pricing for metal roofing includes: 24 gauge, 16” wide panels, self-adhering high temp ice
& water shield underlayment with 24-gauge fascia and coping with continuous cleats at flat
roofs, prefinished collector heads and downspouts and scupper at state flat roofs with a 20-year
paint finish warranty by the manufacturer.
45. Stage pricing for flat roofing includes loose lay full-taper system over wood decking,
mechanically attached a ½” dens deck prime cover board over insulation to metal decking, fully-
adhere a white/grey/tan 60mil TPO roof system. Pricing also includes a 20-year, 55mph no
dollar limit warranty through the roofing manufacturer. Lastly, a 2-year workmanship warranty
through roofing installer.
46. Shelter pricing includes 1x6 T&G Beetle Kill Pine exterior soffits.
47. Shelter pricing includes 2 coats of sealer on the T&G areas.
48. Shelter pricing includes EZ Trim Black Aluminum J Trim at perimeter of all T&G.
49. Shelter pricing, at base plate and knife plate locations assumes ½” base plate and 3/8” knife
plate.
50. Shelter pricing for paint includes surface prep, primer and topcoat (topcoat applied to exposed
steel only, underside of roof beneath OSB to receive surface prep and primer).
51. Stage pricing for metal roofing includes: 24-gauge, 16” wide panels, self-adhering high temp ice
& water shield underlayment with 24-gauge fascia, gutters & downspouts with a 20-year paint
finish warranty by the manufacturer.
52. Slat walls A, B & C: 1-1/2” x 11-gauge square tube frames with 11-gauge sheet steel infill and 1”
holes on staggered 1-1/2” center with weld tabs, items will be waterjet cut. Aluminum excluded.
53. Slat wall paint includes Surface Prep - Phosphate Wash & Application - (1) Coat IFS Superdurable
Powder - Standard Color
54. Stage wall pricing includes foundation damp-proofing for walls A, B, C & D.