HomeMy WebLinkAbout01-27-25 City Council Meeting AgendaAGENDA
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
Monday, January 27, 2025
6:30 p.m.
This meeting will be conducted as a virtual meeting, and in person, at: 7500 West 29th
Avenue, Municipal Building, Council Chambers.
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 January 27, 2025)
3. Virtually attend and participate in the meeting through a device or phone:
Click here to pre-register and provide public comment by Zoom (You must
preregister before 6:00 p.m. on January 27, 2025)
4. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or
YouTube Live at https://www.ci.wheatridge.co.us/view
Individuals with disabilities are encouraged to participate in all public meetings
sponsored by the City of Wheat Ridge. The City will upon request, provide auxiliary
aids and services leading to effective communication for people with disabilities,
including qualified sign language interpreters, assistive listening devices, documents
in Braille, and other ways of making communications accessible to people who have
speech, hearing, or vision impairments. To request auxiliary aid, service for effective
communication, or document in a different format, please use this form or contact
ADA Coordinator, (Kelly McLaughlin at ada@ci.wheatridge.co.us or 303-235-2885) as
soon as possible, preferably 7 days before the activity or event.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES
NONE
APPROVAL OF AGENDA
PROCLAMATIONS AND CEREMONIES
1. Proclamation – Black History Month
2. WRHS Recognition of All Conference Student Athletes
3. Swearing in ceremony for Division Chief Shawn Wray
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. 01-2025 – an ordinance amending Chapter 26 of the Wheat
Ridge Code of Laws creating a new Article XIV entitled “Mixed-Use Lutheran
Legacy Campus Zone District” and making conforming amendments
therewith
2. Council Bill No. 02-2025 – an ordinance amending Section 2-53 of the Wheat
Ridge Code of Laws concerning membership of Boards and Commissions
3. Council Bill No. 03-2025 – an ordinance adopting by reference the 2024
edition of the Model Traffic Code for Colorado, adopting amendments thereto,
providing penalties for Model Traffic Code violations and making conforming
amendments to Chapter 13 of the Wheat Ridge Code of Laws in connection
therewith
4. Council Bill No. 04-2025 – an ordinance amending the Wheat Ridge Code of
Laws to include Police Recruits as participants in the city’s Police Pension
Plan
ORDINANCES ON FIRST READING
NONE
DECISIONS, RESOLUTIONS, AND MOTIONS
5. Resolution No. 06-2025 – a resolution amending the bylaws of the Inclusion,
Diversity, Equity, and Accessibility (IDEA) Committee and Sustainable Wheat
Ridge Committee to conform term dates with other boards, commissions, and
committees
6. Resolution No. 07-2025 – a resolution approving the Amendment and
Restatement of the City of Wheat Ridge Police Pension Fund Plan Adoption
Agreement
CITY MANAGER’S MATTERS
CITY ATTORNEY’S MATTERS
ELECTED OFFICIALS’ MATTERS
PROCLAMATION
BLACK HISTORY MONTH
FEBRUARY 2025
WHEREAS, February’s Black History Month is an annual celebration of achievements by Black
Americans, recognition of their central role in U.S. history, and a time to reflect on the continued
struggle for racial justice and equality; and
WHEREAS, experts say understanding Black history and learning more about systemic racism
is essential for our country to grow as a nation; and
WHEREAS, Carter G. Woodson, known as the “Father of Black History,” developed Black
History Month. Woodson, whose parents were enslaved, was an author, historian, and the second
Black American to earn a Ph.D. at Harvard University; and
WHEREAS, Woodson chose February to coincide with the birthdays of Frederick Douglass, a
famed abolitionist who escaped from slavery, and President Abraham Lincoln, who formally
abolished slavery; and
WHEREAS, with a resolution passed in 2020, Wheat Ridge City Council confirmed that “racism
and hate have no place in our city and there is much work to be done to stop pervasive, long-standing,
and devastating racial injustices in our community”; and
WHEREAS, in 2021, the City formed the Wheat Ridge Race and Equity Task Force to review City policies, services, ordinances, and community systems and identify policies and practices that
contribute to discrimination; and
WHEREAS, to continue this work, the City created the Inclusion, Diversity, Equity and
Accessibility (IDEA) Committee to advise the City Council on policies and practices to make Wheat Ridge a more diverse, equitable, and inclusive community.
NOW THEREFORE BE IT RESOLVED that the Wheat Ridge Mayor and City Council formally
designate the month of February 2025 as
BLACK HISTORY MONTH
IN WITNESS WHEREOF, on this 27th day of January 2025.
Margy Greer, Sr. Deputy City Clerk Bud Starker, Mayor
ITEM NUMBER: 1
DATE: January 27, 2025
REQUEST FOR CITY COUNCIL ACTION
COUNCIL BILL NO. 01-2025
TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT
RIDGE CODE OF LAWS CREATING A NEW ARTICLE XIV
ENTITLED “MIXED-USE LUTHERAN LEGACY CAMPUS ZONE
DISTRICT” AND MAKING CONFORMING AMENDMENTS
THEREWITH
☒PUBLIC HEARING ☐BIDS/MOTIONS ☐RESOLUTIONS
☐ORDINANCES FOR 1st READING
☒ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
This ordinance creates a new Article XIV (14) in Chapter 26 of the Wheat Ridge Code of Laws that establishes a new zone district, the Mixed-Use Lutheran Legacy Campus (MU-
LLC) zone district. The zone district regulations establish development standards for
the future redevelopment of the former hospital site based on the adopted Lutheran Legacy Campus Master Plan and City Council consensus. Approval of this ordinance
will allow for the Lutheran Legacy Campus to be rezoned to the new MU-LLC zone district in the future.
PRIOR ACTION:
The former hospital campus has been the topic of Council discussion for several years
and throughout 2024. The specific standards of the MU-LLC zoning were discussed
with City Council at its July 15, 2024, and October 8, 2024, study sessions, with City Council providing consensus to continue with the drafting of the ordinance as
presented. Additional study sessions were held with Planning Commission.
On November 5, 2024, Wheat Ridge voters approved a Charter amendment modifying
the permitted building heights on the campus.
Planning Commission reviewed the ordinance at a public hearing held on December 19, 2024, and recommended approval by a vote of 6 to 0. A copy of the draft Planning
Commission minutes is attached.
Council Action Form – Mixed-Use Lutheran Legacy Campus (MU-LLC) Zoning Regulations
January 27, 2025
Page 2
City Council approved this ordinance on first reading on January 13, 2025. A motion was made by Councilmember Weaver 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.
BACKGROUND:
The Planning Division, with assistance from the City Attorney, developed a custom zone
district for the Lutheran Legacy Campus which aligns with the recommendations of the
Lutheran Legacy Campus Master Plan. The zoning regulations are based on the current mixed-use zoning regulations in Article XI of Chapter 26 but are highly customized to
include specific recommendations and requirements of the Master Plan.
The new Article XIV is organized similarly to Article XI. It contains regulations for
building heights (based on the approved Charter amendment), building placement and orientation (including setbacks), building design and materials, parking, circulation,
open space, and landscaping, permitted uses, signs, lighting, site and concept plan
requirements, relief from the requirements, and definitions unique to Article XIV. It also
contains a new section related to preservation of the existing historical assets: the
chapel, the Blue House, and the TB tent.
Since the last study session consensus, the content of the ordinance has largely
remained unchanged. However, to meet the intent of the Master Plan, staff refined two
provisions in the code to ensure that all aspects of the Master Plan were being
addressed:
• A tree preservation requirement in 26-1409.I which incentivizes the preservation
of large existing and healthy trees over 4 inches in caliper. This section will also require a tree canopy analysis as part of the concept plan application.
• The requirement for mixed-use development in 26-1410.C was updated.
Originally this was proposed as a requirement to include at least two “use
categories” within the development (i.e. residential + a commercial or office use) but did not prescribe a more specific location or minimum square footage. After
careful analysis of the market, the Master Plan, and community comments, staff is now recommending a minimum 10,000 square feet of commercial tax-
generating/neighborhood-serving uses be accommodated in sub-districts 2 or 4
(closer to 38th Avenue), which could include a new building or building converted
for retail, restaurant, or personal services uses.
In order for the MU-LLC regulations to be successfully integrated into Chapter 26,
several existing sections of the code need to be amended, called “conforming
amendments.” The attached ordinance includes several amendments to existing
sections of Chapter 26 including cross-references to the MU-LLC zone district and other
Council Action Form – Mixed-Use Lutheran Legacy Campus (MU-LLC) Zoning Regulations
January 13, 2025
Page 3
necessary updates to ensure Chapter 26 continues to function properly with the addition of the MU-LLC zone district.
The City intends to legislatively rezone the campus to MU-LLC if the zoning regulations
are adopted by City Council.
RECOMMENDATIONS:
Staff recommends approval of the ordinance.
RECOMMENDED MOTION:
“I move to approve Council Bill No. 01-2025, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws creating a new Article XIV entitled Mixed Use Lutheran
Legacy Campus Zone District and making conforming amendments therewith, on
second reading, order it published, and that it takes effect immediately.”
Or,
“I move to postpone indefinitely Council Bill No. 01-2025, an ordinance amending
Chapter 26 of the Wheat Ridge Code of Laws creating a new Article XIV entitled Mixed Use Lutheran Legacy Campus Zone District and making conforming amendments
therewith, for the following reason(s): _______________________________________.” REPORT PREPARED/REVIEWED BY:
Scott Cutler, Senior Planner
Lauren Mikulak, Community Development Director Gerald Dahl, City Attorney
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill 01-2025
1
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER WEAVER
Council Bill No. 01
Ordinance No. 1814
Series 2025
TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT
RIDGE CODE OF LAWS CREATING A NEW ARTICLE XIV
ENTITLED “MIXED-USE LUTHERAN LEGACY CAMPUS ZONE
DISTRICT” 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, on October 25, 2021, the Council adopted the Lutheran Legacy Campus
Master Plan after months of robust public engagement, which describes a vision for the future of the Lutheran Legacy Campus; and
WHEREAS, on May 13, 2024, the Council adopted Resolution 26-2024 in support
of a City-initiated zone change for the Lutheran Legacy Campus based on the adopted
Master Plan; and
WHEREAS, the City has engaged in a series of public open houses and meetings for the City-initiated zone change and Charter amendments throughout the year 2024;
and
WHEREAS, on November 5, 2024, the residents of Wheat Ridge approved an
amendment to the City Charter modifying building height requirements within the
Lutheran Legacy Campus to allow for the vision of the Master Plan to be implemented;
and
WHEREAS, the Council recognizes the need to create new, customized mixed-use zoning regulations for the Lutheran Legacy Campus to comply with the approved Master
Plan and approved Charter amendments, allowing for the future redevelopment of the
Campus.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
ATTACHMENT 1
2
Section 1. Chapter 26 of the Wheat Ridge Code of Laws is hereby amended by
the addition of a new Article XIV, entitled “Mixed Use Lutheran Legacy Campus Zone
District”, to read in its entirety as follows.
ARTICLE XIV. MIXED USE LUTHERAN LEGACY CAMPUS ZONE DISTRICT
Sec. 26-1401. Purpose.
A. The purpose of the mixed-use Lutheran Legacy Campus (MU-LLC) zone district is
to support the redevelopment of the campus and to comply with the goals and intent of the adopted Lutheran Legacy Campus Master Plan. It shall create a
flexible approach to land uses and promote development of the Lutheran Legacy Campus (“campus”) that:
1. Creates a balanced mix of land uses, including residential, institutional, civic,
office, and neighborhood-serving commercial;
2. Improves the public realm through high-quality design;
3. Integrates existing assets, both built and natural;
4. Provides a network of open space, trails, and sidewalks;
5. Prioritizes pedestrians, bicyclists, and transit users; and
6. Respects the character and integrity of adjacent residential neighborhoods.
Sec. 26-1404. District Established.
A. Mixed use Lutheran Legacy Campus (MU-LLC) zone district. This district is
established to support redevelopment of the former Lutheran Hospital campus,
generally bounded by W. 32nd Avenue, Dudley Street, W. 38th Avenue, Allison Court, and Zephyr Court, and to encourage a mix of uses, create buffers between new
development and existing neighborhoods, and to provide substantial and meaningful open space throughout the campus.
1. Low-density overlay. This overlay shall apply to the first row of development on
the east, south, and west sides of the campus as illustrated on Figures 1 and 2 and defined as the buildings closest to the campus boundary regardless of
setback. The requirements of this overlay are intended to ensure compatibility of land uses and building form with surrounding existing residential
neighborhoods.
2. Sub-districts. Four sub-districts, numbered one (1) through four (4) and illustrated on Figure 3 shall determine the permitted uses within the MU-LLC
zone district and in some cases, shall determine some development standards unique to that sub-district.
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Figure 1
Figure 1: Low-density overlay. The low-density overlay is shown as the dashed line
around the east, south, and west sides of the campus boundary and applies to the first
row of development in that area.
Figure 2
Figure 2: Low-density overlay detail. An example of the low-density overlay is shown on
this figure as the shaded buildings closest to the campus boundary, regardless of
setback. The non-shaded buildings are outside of the low-density overlay.
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Figure 3
Figure 3: Sub-District Boundaries. The internal boundaries defining the eastern edge of sub-district 1 and the western edge of sub-district 4 follow the “horseshoe” path of the
existing parkway street network. The boundary between sub-districts 2 and 3 follows
the centerline of the existing Rocky Mountain Ditch.
Sec. 26-1403. Applicability.
A. All standards and requirements within article XIV shall apply to:
1. Site development, and
2. Expansion of existing structures by more than fifteen (15) percent of the gross
floor area.
B. Legal nonconforming uses. Where a use lawfully existed at the time of rezoning of the subject property to the MU-LLC zone district, and which is not a permitted use
at that time under section 26-1410, Permitted Uses, such nonconforming use may
continue to operate and exist, subject to section 26-120.C.6, except as modified
below.
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1. A structure containing a nonconforming use may expand its gross floor area by
a maximum of twenty-five (25) percent without requiring a change to a
conforming use.
2. Legal uses. The list below shall serve as a non-exhaustive list of legal uses that
currently exist on the property at the time of the adoption of this article, but which are not a permitted use under section 26-1410:
• Inpatient behavioral health and substance use disorders clinics;
• Hospital;
• Major utilities, such as the central utility plant for the hospital.
3. No use that lawfully existed at the time of rezoning of the subject property to MU-LLC shall be deemed a nonconforming use due to the requirement for a
conditional use permit. However, if an existing use is designated as a
conditional use in section 26-1410, any expansion of that use shall require a conditional use permit.
C. Legal nonconforming structures. Where a structure lawfully existed at the time of rezoning of the subject property to the MU-LLC zone district, and which would not
be allowed by this article because of building height, building placement or
orientation, building design, parking placement or design, parking requirements, or site and vehicular access, such structure may continue to exist and may be
enlarged, altered or added to provided that the alteration or addition does not increase the nonconformity.
1. Any new addition or expansion to a nonconforming structure shall comply with
all provisions within this article, where practical. The community development director shall determine if there is a requirement that cannot be practically met.
2. Re-use of legally nonconforming structures shall be permitted and encouraged, including the hospital building and historical assets identified in section 26-
1411.
D. Wherever provisions within this article conflict with other articles in chapter 26, the provisions within article XIV shall apply.
E. This article grants authority to the community development director to make certain determinations and decisions concerning the applicability of provisions of
this article in specific circumstances. Unless specifically permitted to be appealed,
all such determinations and decisions of the community development director shall be the final decision of the city and not appealable to the board of adjustment.
F. The illustrations that appear in this article are for illustrative purposes only.
Sec. 26-1404. Building height and residential density.
A. Principle. Building heights shall be tiered to ensure adequate transitions between larger and denser buildings at the center of the campus to shorter and less dense
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buildings at the perimeter of the campus. Taller buildings within the center of the
campus allow for a diversity of building types and sizes, by keeping height in the
center of the campus and tapering it off toward the edges to respect the surrounding community.
B. The following table establishes required building heights, in maximum number of stories and maximum feet. Both the measurement types—maximum stories and
maximum feet—shall apply. For example, a building in the “Charter-exempted area,”
as defined at section 26-1417, may only be a maximum of five (5) stories and seventy (70) feet; a building that is 70 feet tall may not include additional stories in
excess of five (5), even if additional stories may fit within the 70-foot height limit. Additionally, a five (5) story building may not exceed seventy (70) feet in height.
Building heights may not be increased through the administrative adjustment or
variance processes otherwise available at sections 26-1416 and 26-115.
C. Building height and city home rule charter. Where there is conflict regarding
maximum building heights between this section and the city home rule charter, the
maximums established in the city home rule charter section 5.10.1 shall apply.
D. Residential density. A net density approach is permitted, whereby the overall campus is limited to 21 dwelling units per acre to comply with the limitations
imposed by the city home rule charter section 5.10.1. Dispersion or concentration
of those units shall be permitted on individual lots, such that density on individual
lots may be higher or lower than 21 dwelling units per acre, but the maximum
number of dwelling units on the entire campus shall not exceed the acreage of the net site area multiplied by 21. For the purposes of this calculation, the net site area
shall mean all land included within the campus boundary, less any existing public
rights-of-way and any required future public right-of-way dedications.
Table 1: Building Height Maximums
Low-Density
Overlay
Non-Exempt Areas
and Not in Low-Density Overlay
Charter Exempted
Area
Primary building(s) 2.5 stories (30’) Charter section
5.10.1 applies;
limit of 35’ for any
building containing a residential use,
or 50’ for all other
buildings
5 stories (70')
Accessory
building(s)
15', except
detached ADUs
which may be up
to 25'
15', except
detached ADUs
which may be up
to 25'
25’
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Sec. 26-1405. Building placement and orientation.
A. Principle. In order to activate streets and open space and to enhance the pedestrian
experience, buildings must be placed close to the street and pedestrian pathways and oriented toward the public realm. For areas adjacent to the perimeter of the
campus, larger buffers are required to reduce impacts on existing established neighborhoods.
B. Building setbacks. Setbacks establish the minimum distance between a building
façade and the nearest property line. Front setbacks are generally not required except for some circumstances around the perimeter of the campus or for low-
density uses; instead, building placement and orientation requirements established in subsections C and D require buildings to be built close to the street or publicly
accessible open space.
1. The following table establishes required building setback requirements for all structures in the MU-LLC zone district.
Table 2: Building Setbacks
Building Setbacks (Primary Buildings)
Low-Density Overlay All Other Areas
Minimum side setback 5', or 30’ from
campus boundary in east and south low-
density overlay
0' (a)
Minimum rear setback 5', or 30’ from
campus boundary
line in east and south low-density overlay
0' (a)
Minimum setback from 38th
Avenue property line
Equivalent to the
height of the building,
with some exceptions
for tiered buildings; Refer to requirements
below and Figure 4
Equivalent to height of
the building, with
some exceptions for
tiered buildings; Refer to requirements below
and Figure 4
Maximum setback from 38th
Avenue property line
140’ 140’
Minimum front or side setback for any building abutting Dudley
Street
15’ (b) (c) N/A
Minimum front setback for
single- and two-unit dwellings,
all other locations
10’ (c) (d) 10’ (c) (d)
Minimum front setback for
multi-unit residential (including
N/A No setback
requirement. Building
orientation and
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Notes:
(a) Required separation between single attached dwelling buildings shall follow the requirements of section 26-1405.E.
(b) Additional building orientation requirements apply to Dudley Street. Refer to the building entrances requirement within this section.
(c) Front setbacks for single- and two-unit dwellings shall vary by at least three (3) feet from adjacent primary structures. Refer to requirements in section 26-1406.G. Porches, patios, decks, stairs and balconies which are open on at least two (2) sides may encroach into a required front setback by up to a maximum of one-third (1/3) the distance to the closest property line.
(d) Front setback shall not result in a driveway length that would allow vehicle parking in the driveway to block sidewalks, subject to review by the community development director. This requirement does not apply to alley-loaded garages.
(e) If an applicable setback cannot be easily determined, the community development director shall determine which setback applies.
2. 38th Avenue setback and step backs. New buildings shall be set back as far from
the property line as they are tall (Figure 4, top image). If a building is tiered,
utilizing a design that steps back upper stories, the upper stories shall be stepped back from the edge of the façade the equivalent to the height they add
to the building; the lower story setback is equivalent to the lower story height, and the upper story step back is equivalent to the upper story height (Figure 4,
bottom image).
single attached) and
nonresidential uses
placement
requirements apply.
Building Setbacks (Accessory Buildings)
Minimum side setback Single story: 5' or 0’
from edge of private
alley
0'
Two story: 5’
Minimum rear setback Single story: 5’, or 0’ from edge of private
alley
0’
Two story: 5’, or 15’
from campus
boundary line in east and south low-density
overlay
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Figure 4
Figure 4: 38th Avenue setback and step backs.
C. Building entrances. All buildings shall have at least one (1) entry that faces a street or a publicly accessible open space.
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1. For non-residential buildings or multi-unit dwellings, this entrance shall be a
public/primary entrance available to all tenants, customers, residents, and
guests and is not permitted to be a “back-of-house” or delivery-only entrance. For corner lots with more than one (1) street frontage, the primary entry may be
oriented toward the corner.
2. For development sites with more than one (1) structure, those buildings that do
not directly front a street shall have at least one (1) primary entrance that
adjoins a pedestrian walk of at least five (5) feet in width. The primary entrance shall be connected to the street by a walkway at least five (5) feet in width that
is clearly defined and separated from parking areas.
3. Within the low-density overlay along Dudley Street, buildings shall be required
to have their front door face Dudley Street and/or the required publicly
accessible open space(s) on Dudley Street (Figure 5). Sides of buildings may be permitted to face Dudley Street only if their front doors face a publicly
accessible open space in the form of a park, plaza, cottage court, or similar. Rear yards and garage doors shall not face Dudley Street.
Figure 5
Figure 5: Dudley Street Building Entrances.
D. Building orientation and parking lot visibility. Buildings shall be predominately
oriented toward the street or publicly accessible open space, encouraging an active and interesting street or open space frontage. The requirements of this section
shall apply in lieu of a prescriptive build-to requirement but shall serve the same
purpose of requiring buildings to be built close to the street and publicly accessible open space.
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1. Off-street parking lots shall be located to the rear and side of buildings
pursuant to the requirements of section 26-1407.B.
2. Building facades must meet the design requirements of section 26-1406.C. The entire façade does not need to be placed at the edge of a street or open
space, allowing for some building façade variation including exposed courtyards, and breaking up an otherwise continuous street wall.
3. The community development director shall determine whether a building is
placed and oriented appropriately in order to meet the intent of this section.
4. A low screen wall, fence, or garden wall may not be used as a substitute alone
for a building meeting orientation requirement.
5. Accessory buildings shall not be located between the primary building and the
street with the following exceptions:
• If part of an outdoor gathering or dining area such as a freestanding patio cover or pergola, which may be used to meet building orientation
requirements.
• If a kiosk-style building that includes an active public commercial use such
as retail or food and/or beverage sales.
E. Attached residential development. The following requirements shall apply to single attached dwellings as defined in section 26-1119.
1. For units adjacent to streets or publicly accessible open space, front doors shall be located on the façade that faces the street or publicly accessible open
space. For developments with more than one (1) building, street- or open
space-facing orientation of front doors is not required for all buildings or dwelling units but shall be the predominant orientation in that sub-district, as
determined by the community development director.
2. Structures shall be comprised of no more than eight (8) side-by-side units.
3. Separation between primary structures shall be a minimum of ten (10) feet.
F. Minimum lot widths in the low-density overlay. The following requirements shall only
apply to single-unit dwelling and duplex uses within the low-density overlay to
ensure compatibility with existing residential development. For the purposes of this section, the lot width measurement shall be taken from the closest lot line parallel
to or on the campus boundary, regardless of the orientation of the building.
1. Lots containing a single-unit home must be at least fifty (50) feet in width.
2. Lots containing a duplex must be at least seventy-five (75) feet in width.
Sec. 26-1406. Building design, form, and materials.
A. Principle. Quality architecture is a vital component in creating a unique sense of
"place." Creative design that pays careful attention to the building's contribution to
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the public realm — through massing, form, materials, and its relationship to the
street or open space — is required. Additional design considerations must be made
for lower-density residential uses to ensure variety in design.
B. Applicability. The requirements of subsections C, D, E, and F of this section shall
apply to all nonresidential buildings, mixed-use buildings, multi-unit residential buildings, and single attached dwellings. The requirements of subsection G shall
apply to single detached dwellings and duplexes.
C. Façade design and articulation.
1. All façades of a building shall provide a level of finished architectural quality
and be designed to human scale. Each façade shall contain at least one (1) change in color or texture and rooflines shall include variation on all façades.
Additional detail should be incorporated into the façade design by the use of at
least three (3) of the following methods:
• Reveals.
• Belt courses.
• Cornices.
• Expression of a structural or architectural bay.
• Articulation of windows and doorways, which may include sills, mullions, or pilasters that create a three-dimensional expression.
• Change in material.
2. All façades of a building that face a street or a publicly accessible open space
shall have at least one (1) variation in plane depth of at least one (1) foot for
every fifty (50) linear feet of the length of the façade. All other façades shall have one (1) variation in plane depth of at least one (1) foot for everyone
hundred (100) linear feet of the length of the façade. Any portion of a façade that is a glass curtain wall shall be exempted from this requirement.
For single attached dwellings as defined in section 26-1119, the façade(s)
containing front doors shall have a change in plane depth of at least one (1)
foot for every unit. This may be achieved by a change in the wall plane within a
single unit facade or by varying the plane depth of adjacent units. See Figure 6.
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Figure 6
Figure 6: Variation in Plane Depth for Single Attached Dwellings. For the building on the left, changes in plane depth occur by varying the plane depth of adjacent units. For the
building on the right, changes in plane depth occur within each unit facade. The
requirement to vary plane depth does not necessarily require offsets in the building
foundation and may be achieved by a variety of articulation and design elements noted
in subsection 26-1406.C.3, below.
3. Non-permanent features such as canopies and awnings will not qualify as
variation. Plane depth variation may be accomplished through elements such as:
• Recessed entries.
• Porticos.
• Projecting porches.
• Upper level step backs.
• Dormers.
• Offsets in the general plane of the façade, including columns, pilasters,
protruding bays, reveals, fins, ribs, balconies, cornices, or eaves.
4. The primary entrance of a building shall be emphasized through at least two
(2) of the following architectural elements:
• Changes in wall plane or building massing.
• Differentiation in material and/or color.
• Higher level of detail.
• Enhanced lighting.
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This requirement for an entry feature shall also apply to the primary exterior
entrances for single attached dwellings.
5. Parapet walls shall extend back at least three (3) feet so as not to appear as a false front, either by wrapping the wall around the corner or utilizing a deeper
parapet wall.
D. Materials.
1. Only primary building materials shall be used for all façades. Primary building
materials include, but are not limited to:
• Brick.
• Stone.
• Architectural pre-cast concrete.
• Synthetic brick and masonry materials, subject to the approval of the
community development director to ensure quality.
• Synthetic wood siding materials, subject to the approval of the community
development director to ensure quality.
• Hard coat stucco.
• Integral textured colored concrete block.
• Terra-cotta.
• Architectural metal panels.
• Cement board siding or board and batten, with the following additional requirements:
◦ Shall only be used as a material if additional primary materials such
as brick, stone, or stucco are also used on the façade.
◦ Shall not exceed seventy-five (75) percent of any façade facing a
public street or publicly accessible open space.
◦ Shall not be the predominant material on a public-facing ground floor
façade.
2. Materials that are not allowed include, but are not limited to:
• Plywood paneling.
• Vinyl and aluminum siding.
• Un-articulated large format concrete panels.
• Exterior insulating finishing system (EIFS) or other synthetic stucco
products.
3. Material variation: All building façades that face a street or publicly accessible
open space shall have at least one (1) change in material for each ten (10) feet
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(and portion thereof) of wall height. A change in material must be at least
twelve (12) inches in height. Masonry patterns, such as headers or rowlocks,
can count as a change of material. Windows, canopies, and doorways will not count as a change in material.
• As an exception, building façades may be predominantly brick or masonry materials and no material variation shall be required, provided changes in
the brick pattern (such as headers or rowlocks) are included. This
exception shall not apply to synthetic brick or masonry materials.
• For EVCS canopies or carports, primary materials such as brick or stone
shall be required around the canopy structure, for the total height of the support structure.
4. Accessory buildings: Accessory structure(s) shall have exterior materials that
are architecturally compatible with the primary structure(s).
E. Windows and transparency.
1. Transparency shall be calculated as the percentage of clear, non-reflective glass within the area between three (3) feet and eight (8) feet above the first-
floor finished elevation. Transparent doors and window mullions shall count as
part of the transparent area. Structural elements and opaque or reflective glass shall not count toward the transparency requirement, except that up to twenty
(20) percent of the transparency requirement for any, one (1) façade may be fulfilled by spandrel glass. The percentage of non-reflective spandrel glass
used may be increased in limited circumstances if back-of-house portions of
buildings must face a public street or publicly accessible open space, subject to the approval of the community development director.
2. Retail uses. The façade with the primary entrance shall be at least sixty (60) percent transparent. All other façades facing a street or publicly accessible
open space shall be at least thirty (30) percent transparent.
3. All other nonresidential uses (excluding retail). The façade with the primary
entrance shall be least forty (40) percent transparent. All other façades facing
a street or publicly accessible open space shall be at least twenty-five (25) percent transparent.
4. Glass display cases may count toward the transparency requirement only if
they give the appearance of windows, are at least eighteen (18) inches deep,
and are maintained with items of interest, including window display graphics.
5. For retail uses, all ground floor windows shall be a minimum of five (5) feet in the vertical dimension.
6. For all nonresidential uses (including retail) on corner lots, the minimum
transparency required for the façade with the primary entrance may be
transferred to another façade facing a street or publicly accessible open space
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provided that the transparency on the façade with the primary entrance is not
less than thirty (30) percent.
7. Windows shall be recessed so as to not appear flat with the building façade. For commercial buildings, windows shall be recessed at least two (2) inches.
For residential buildings, including multi-unit residential, windows shall be recessed at least three-quarters (3/4) inch. Window details shall be provided
for review with the applicable site plan or building permit application.
F. Screening—Loading, service areas, and utilities.
1. All loading docks, utility structures, and other service areas associated with a
building shall be fully screened from view by walls or fences.
2. Screening elements shall be composed of materials consistent with the
primary building. Wood and vinyl fences shall not be allowed as screening
materials, with the exception of four (4) foot tall wood fences being permitted to screen ground-mounted air conditioning units for residential development.
Screen walls and fences over ten (10) feet in length shall be bordered by a minimum four-foot-wide landscape buffer.
3. Trash enclosures shall be compatible with the building design and materials
and screened with full wall enclosures. Such enclosures may not be located between the building façade and the street. Wood fences or chain link fences
shall not be permitted as trash enclosures.
4. All screening elements shall be at least as tall as the object (e.g. trash
enclosure, loading dock, or utility structure) being screened.
5. Rooftop equipment shall be screened by parapets or enclosures. Screening elements shall be composed of forms, materials, and colors that are
compatible with the architectural qualities of the building, including materials, scale, form, and color. The screening element shall be at least as tall as the
item being screened and may be shorter than the equipment only if the
equipment is set back so that it is not visible from an adjacent street or
publicly accessible open space, to be demonstrated by drawings by the
applicant. The community development director may reduce or waive these screening requirements in the following circumstances:
• The equipment is not visible from the street, existing residential
development, or adjacent publicly accessible open spaces, to be
demonstrated by drawings by the applicant.
• For existing buildings, the existing condition and construction of the roof makes attaching a new enclosure impractical or would compromise the
integrity of the roof membrane.
• For existing buildings, there is existing unscreened rooftop equipment and
screening new facilities would result in a more conspicuous design.
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6. Wherever possible, exterior utility boxes and above-ground utility installations
shall be located to the side or rear of buildings, and not visible from an
adjacent street or publicly accessible open space. If not possible, screening utilizing fencing and/or landscaping shall be required to the greatest extent
feasible.
G. Design requirements for single detached dwellings and duplexes.
1. Adjacent residential structures shall have variety in material, color and/or
design such that they do not appear to be matching or identical. This variety may be achieved by a combination of different design elements, materials
and/or colors.
2. No two adjacent residential structures shall have the same front setback. Front
setbacks shall vary a minimum of 3 feet.
3. Minimum 12-inch eaves shall be required for all pitched and shed roofs.
4. Porches or other projecting features such as entry awnings shall be required
for all dwelling units.
5. Wherever possible, garages should be accessed from rear alleys and garage
doors should not face the street.
6. Within the low-density overlay, the following additional requirements shall apply:
a. Primary structures are limited to 2.5 stories and 30 feet. Where a half story is utilized, it shall meet the following requirements (as illustrated in
Figure 7):
• The total gross floor area of the half story shall be no greater than
75 percent of the gross floor area of the story below.
• The half story shall be fully contained within the form of a pitched
roof. Dormers are permitted, measuring no more than eight (8) feet
wide and six (6) feet tall, as measured from the lowest point of the intersection between the roof and the dormer to the mean height
level between the eaves and ridge of the roof; and occupying no more than fifty (50) percent of the roof.
• For duplexes, the half story must be contained within the same
dwelling unit as the floor below it.
b. If structures are over two (2) stories, up to the 2.5 story limit, pitched roofs are required. Flat and shed roofs are only permitted for one (1) and two (2)
story homes.
c. Rooftop or second-story decks shall be prohibited on the side(s) of the
building which directly abut(s) existing residential development.
d. For dwelling units on Dudley Street, garage doors shall not face the street and must only be accessed from a rear alley.
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Figure 7
Figure 7: 2.5 story house.
7. The façade design and material requirements of subsections C, D, E, and F shall not apply, except for the prohibited materials listed in subsection D.
8. Accessory buildings. Accessory structure(s) shall have exterior materials that are architecturally compatible with the primary structure(s).
9. Wherever possible, exterior utility boxes and above-ground utility installations
shall be located to the side or rear of buildings, and not visible from the street or publicly accessible open space. If not possible, screening utilizing fencing
and/or landscaping shall be required to the greatest extent feasible. Four (4) foot tall wood fences are permitted to screen ground-mounted air conditioning
units.
Sec. 26-1407. Parking requirements, design standards, and quantities.
A. Principle. Streets and open spaces are more vibrant and interesting to people if they
are lined with buildings and active uses. Surface parking shall be located behind
buildings, toward the interior of lots, and shall be screened from view from adjacent streets and publicly accessible open space. Structured parking shall be placed to
minimize impacts on surrounding development and be designed to be compatible — in terms of form, materials, and architectural style — with adjacent development.
Large areas of parking encourage automobile use and detract from the land
available for high quality development. Strategies to utilize parking areas effectively — such as shared parking and parking structures — are highly encouraged.
The purpose of these requirements is to limit off-campus impacts and parking spillover and ensure high utilization and efficiency of parking areas.
B. Surface parking placement. Parking areas shall be located to the rear or side of the
building and shall not be located between a building and a street. For properties
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with more than one (1) building, parking is not allowed in front of the building(s)
closest to the street but is allowed in front of permitted building’s interior to the
development site as long as that parking is not between the building and another street (Figure 8).
1. As an exception to this rule, parking may be placed between buildings and 38th
Avenue within the required building setback on this frontage. The surface
parking buffer and screening requirements of this section shall apply.
Figure 8
Figure 8: Off-street Parking Location. Parking must be to the rear or side of buildings
closest to a street.
C. Surface parking buffers and screening.
1. Where a surface parking lot must directly abut a street or publicly accessible
open 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.
• 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.
• Where a parking lot's frontage along the street or publicly accessible open
space is greater than twenty (20) linear feet, no more than thirty (30)
percent of the screening requirement may be fulfilled by a landscape
buffer alone.
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2. Where a surface parking lot boundary abuts 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 (Figure 9).
Figure 9
Figure 9: Parking Lots Adjacent to Residential Use. Such parking areas require a
minimum six-foot landscaped buffer and screen wall between the parking area and
residential use.
D. Surface parking design.
1. Parking areas shall meet the requirements for the design of off-street parking
— including surfacing, landscaping, lighting, and space/aisle dimensions —
stated within section 26-501.E.5., section 26-501.E.6, section 26-501.E.7 and
section 26-501.E.11.
2. Permeable paving is encouraged, subject to review and approval by the
Engineering Division and applicable fire department.
3. Parking areas over ten thousand (10,000) square feet shall contain a well-
defined pedestrian walk, whether by change in paving material or landscaping,
that connects the parking area to the adjacent street and the building(s) on site. The community development director may determine that parking lots
smaller than ten thousand (10,000) square feet must include a pedestrian
walk.
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E. Parking structure design.
1. Parking structure design shall be compatible with adjacent buildings in terms
of form, massing, scale, materials, and façade articulation.
2. Wherever possible, parking structure facades shall not be visible from a street
or publicly accessible open space.
If a parking structure façade is visible from a street or publicly accessible open
space, it shall be subject to the following requirements:
a. Spandrel panels or opaque screening systems, such as louvers, at least thirty-six (36) inches in height shall be used to screen vehicles from view
on all levels.
b. Shall be orthogonal in composition so that ramping systems are not
visible (Figure 10).
c. Shall include a minimum of three (3) architectural elements that provide variety and human scale, including:
• Articulation of façade and inclusion of columns and bays;
• Differing patterns or sizes of openings;
• Changes in plane of walls;
• Changes in material, pattern, or color;
• Expression of material or cladding system modules;
• Joint patterns and attachment details;
• Art or ornamentation integral with the building.
3. Wherever possible, especially for parking structure façades that face a street
or publicly accessible open space, the ground floor of the parking structure
should incorporate retail, commercial, or other nonresidential uses to help
activate the frontage. Alternatively, a parking structure can be wrapped with
multi-story residential uses.
4. Any ground-level façade of a parking structure that is visible from the street or
publicly accessible open space and which does not provide retail, commercial,
other active ground floor uses, or is wrapped with multi-story residential, shall
include at least two (2) of the following design features:
• Façade articulation through change in vertical plane or a change in building material.
• The use of windows or false windows defined by frames, lintels, or sills.
• Integration of multiple building entrances.
• Buffering along the street edge with landscaping, street trees, green walls,
or trellises with vines.
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Figure 10
Figure 10: Parking Garage Design. The image on top illustrates a garage façade with an
expressed ramping system, which is not allowed. The image below illustrates the same garage with a façade that is orthogonal, with all floors at ninety (90) degree angles.
F. The following table specifies the number of parking spaces required by general use group.
Table 3: Parking Requirements
Use Group Minimum Required
Parking
Maximum Allowed
Parking
Lodging — Hotels or bed and breakfast 1 space per 2 rooms 1.5 spaces per room
Office/bank 2 spaces per 1,000 square feet 5 spaces per 1,000 square feet
Assembly space including
theaters and places of
worship
1 space per each 5 seats 1 space per 2 seats
Residential 1 space per unit 2.5 spaces per unit
Residential, deed-restricted
affordable
0.5 spaces per unit or 0.25
spaces per unit if within ¼
mile of a fixed guideway
2 spaces per unit
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transit station or bus rapid
transit
Restaurant 4 spaces per 1,000 square feet 10 spaces per 1,000 square feet
Retail or personal services 3 spaces per 1,000 square
feet
5 spaces per 1,000 square
feet
All other uses Uses not specifically listed above shall submit a parking
analysis as part of development review for approval by the Community Development Director
Note: Square feet are measured as the gross interior floor area of the entire building or portion of building devoted to a specific use or uses, less the following: mechanical/utility rooms, restrooms, elevators, stairwells, show windows, hallways, common areas such as building lobbies, and kitchen areas. For the purpose of estimating parking requirements where detailed calculations for the above-stated exceptions are lacking, it shall be assumed that such excepted space covers no more than ten (10) percent of gross floor area.
G. On-street parking. On-street parking spaces directly abutting the use may count toward the total number of required parking spaces and may also count as guest
parking.
H. Off-property parking. If the campus is platted and buildings are built on separate
lots, parking requirements for a particular building may be met off-property,
meaning on another property within the campus, up to a walking distance of one thousand (1,000) feet via a publicly accessible route from the property, so long as
such parking is subject to an off-property parking agreement. The publicly
accessible route must be approved by the community development director. The
off-property parking agreement must be submitted for approval by the community
development director and once approved, recorded against all properties subject to the agreement.
I. Shared parking. Shared parking is permitted and strongly encouraged. Shared
parking shall be approved subject to the review and approval of a shared parking
study citing the currently adopted version of the Urban Land Institute (ULI)
accepted shared parking ratios. For commercial, hospitality, and office uses as categorized in the permitted use chart in section 26-1410, cross-access shall be
required within and between parking and vehicular access areas to ensure efficient
parking layouts and connections between uses.
J. Accessible parking shall be provided in accordance with section 26-501.E.9.
K. Off-street loading shall be provided in accordance with section 26-501.E.8.
L. Bicycle parking. Bicycle parking shall be provided in accordance with section 26-
501.E.4.
M. The community development director shall have authority to request that on-site
visitor parking or loading areas be provided if there are no on-street parking spaces
abutting the use or if the parking is predominantly provided in private garages. Visitor parking shall be provided throughout the campus.
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N. Electric vehicle (EV) parking shall be provided in accordance with section 26-501
E.13.
Sec. 26-1408. Site circulation and access.
A. Principle. Access and circulation for automobiles shall be designed to minimize the number of curb cuts, increase connectivity, and encourage shared access points
from streets so that disruptions to the pedestrian environment are minimized. A
well-connected network of accessible pedestrian and bicycle paths shall be prioritized, connecting to site amenities and open spaces.
B. Block layout. A well-connected network of gridded streets and alleys shall be provided. Cul-de-sacs are prohibited; a street may only dead-end subject to
approval of the community development director and a dead-end street shall still
provide a through pedestrian and bicycle connection to the larger network of paths.
C. Curb cuts. For new development along existing streets, where a curb cut already
exists, the number of curb cuts to the site may not be increased, to the extent feasible. Where possible, existing curb cuts should be consolidated.
1. Wherever possible, vehicular access to a site or building shall occur through an
alley, rather than by a curb cut from the street.
2. Curb cuts along a secondary street, rather than a primary street, are
encouraged.
3. Driveway curb cuts for individual dwelling units are prohibited on Dudley Street.
All garages must be accessed through a rear alley. Refer to subsection E.
D. Vehicular entrances. Vehicular entrances to buildings and parking garages that contain a ramp shall be screened from view of the street or adjacent publicly
accessible open space. Where a vehicular entrance or ramp directly abuts a pedestrian walk, appropriate cautionary signs shall be used to alert pedestrians of
the presence of vehicles and to inform drivers that pedestrians have the priority.
E. Vehicular connections to adjacent residential development. Vehicular street connections shall be prohibited to streets in adjacent residential development,
including Dudley Street, Cody Court, Balsam Street, W. 33rd Avenue, Ammons Court, Allison Street, and Allison Court. Pedestrian and bicycle connections to these
streets are permitted, and in some cases, required. The prohibition of a direct
vehicular street connection to Dudley Street shall not prohibit a secondary vehicular connection to be allowed for fire and emergency access and/or indirect alley
access to access alley-loaded garages for dwelling units along Dudley Street. This prohibition shall not apply to W. 32nd Avenue or W. 38th Avenue.
F. Street design. New private streets and improvements to public streets shall meet
the requirements for the Lutheran Legacy Campus in the City of Wheat Ridge Streetscape Design Manual.
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Sec. 26-1409. Open space and landscaping requirements.
A. Principle. Parks, plazas, squares, trails and other forms of publicly accessible spaces play an important role in the quality of a place. Landscaped and hardscaped
areas contribute to the public realm by providing places for people to gather, relax, and recreate.
B. Open space required. Twenty (20) percent of the net development site area shall be
preserved as publicly accessible open space, as described within subsection C and defined in section 26-1417. For the purposes of this calculation, net development
site area shall mean the total site area less public or private rights-of-way for streets and their associated sidewalks and amenity zones. Open space shall be
distributed throughout the campus in all sub-districts. At least seventy-five (75)
percent of the required publicly accessible open space must be usable open space, as described within subsection D and defined in section 26-1417.
C. Publicly accessible open space. Throughout the campus, open space shall be required to be dedicated as publicly accessible. This type of open space must be
accessible by the general public in addition to residents, guests, and tenants of the
campus development.
1. Publicly accessible open space shall be owned and maintained by an owners’
association or metropolitan district with a recorded perpetual public access easement if not owned by the City.
2. All sub-districts shall include areas of publicly accessible open space. Specific
requirements are contained within this section for certain areas.
3. Minimum living landscaping. At least thirty-five (35) percent of the required
publicly accessible open space area shall be composed of living landscape materials, including trees. The requirements of sections 26-502.C, D, and F
shall apply.
4. Aggregated open space. Publicly accessible open space shall be aggregated
into larger parks, plazas, and squares, rather than calculated per parcel.
5. Dudley Street. A publicly accessible park or plaza shall be dedicated along Dudley Street generally aligning with the intersection with W. 35th Avenue and
shall be subject to the following minimum requirements:
a. Minimum 100-foot frontage on Dudley Street.
b. Shall include continuous walking and bicycle paths to access the interior of
the campus from the intersection of Dudley Street and W. 35th Avenue, which shall extend beyond the boundary of the park or plaza to the edge of Sub-
District 3 and connect to the overall pedestrian and bicycle network.
c. Shall not provide a direct vehicular connection from Dudley Street into the
development.
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d. Shall provide clear wayfinding to connections and amenities within the
development.
6. Rocky Mountain Ditch. Publicly accessible open space shall be provided along the entire extent of the Rocky Mountain Ditch within the campus, subject to the
following requirements:
a. The developer shall engage with the Rocky Mountain Ditch Company, who
controls the rights to the ditch and what types of development and
landscaping are permitted within its boundaries. The Rocky Mountain Ditch Company may determine whether existing trails, trees, and other
improvements are permitted to remain within its easement/area of control and what changes may need to be made to those improvements or the ditch
itself.
b. The existing trail and trees along the ditch shall be preserved to the greatest extent feasible per the Rocky Mountain Ditch Company’s requirements, with
necessary upgrades to meet ADA requirements. If the Rocky Mountain Ditch Company requires relocation of the trail, a trail shall be placed parallel to the
ditch outside of the Company’s easement/area of control.
c. A continuous trail shall be provided parallel to the ditch, with crossings allowing access from both sides of the ditch if a trail is only provided on one
side.
d. The ditch trail(s) shall be integrated with other publicly accessible open
spaces along the trail and shall include direct connections to streets and
other walking and bicycle paths.
e. A park or plaza shall be provided adjacent to the Rocky Mountain Ditch in
sub-district 2 or 3 with a minimum 100-foot frontage along the ditch trail.
D. Usable open space. At least seventy-five (75) percent of the required publicly
accessible open space percentage must be usable open space. The 75 percent
value is based on the required value of publicly accessible open space, not the
provided value. Usable open space includes open space which, by its configuration,
size, and design, can be used for passive or active recreation.
1. Usable open space shall include:
a. Plazas, parks, outdoor dining areas, courtyards, and community gardens.
b. Sport and play areas including athletic fields, playgrounds, gaming areas,
and dog runs.
c. Walking paths or sidewalks of at least six (6) feet in width if part of a larger pedestrian or bicycle network, such as a walking loop or paths through other
usable open spaces such as a common lawn or plaza.
d. Turf grass areas that exceed the restrictions on non-functional turf (i.e.
“functional” turf areas).
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e. Natural areas with native landscapes meeting the intent of usable open
space such as native seed or xeric landscaping that abut a qualifying
walking path or sidewalk or abut another qualifying usable open space area.
f. Drainageways, ponds, and other areas required for stormwater quality or
detention may qualify only if such areas are designed for passive or active use and are landscaped with living material, subject to approval of the
community development director.
2. The following do not qualify as usable open space, but may count toward the overall percentage of publicly accessible open space if the ownership and
maintenance requirements of publicly-accessible open space are met:
a. Land with a slope steeper than one (1) foot (vertical) in three (3) feet
(horizontal).
b. Drainageways, ponds, and other areas required for stormwater quality or detention if not designed for passive or active use.
3. The following do not qualify as usable open space and shall not be used to count toward the overall percentage of publicly accessible open space:
a. Sidewalks along a public or private street that are required to be placed in
right-of-way or a tract containing a private street, including required landscaped amenity zones for those streets.
b. Paved areas serving as parking, loading, delivery, or utility areas, including driveways, parking lots, alleys, and delivery ramps.
c. Parking lot islands and parking lot medians.
d. Required surface parking lot buffers and screening.
e. Areas occupied by buildings or structures, except for shade structures that
cover a space that would otherwise qualify as usable open space.
f. Private fenced yards for the exclusive use of a single owner or occupant of a
single-unit, two-unit, or single attached dwelling. These areas still contribute
to additional open space and landscaped areas on the campus but may not
be used to meet the publicly-accessible or usable open space requirements.
g. Private amenity spaces for multi-unit residential or commercial buildings, such as pools and pool decks, rooftop patios, or courtyards, for the exclusive
use of the occupants.
E. Landscaping for Single Detached and Duplex Uses. For all single detached and
duplex uses within the campus, including all residential development within the low-
density overlay, the following requirements shall apply:
1. One hundred (100) percent of the front yard shall be landscaped, excepting
pedestrian and vehicular access.
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2. One (1) tree per lot is required, to the placed within the front setback area. If a
lot is wider than seventy (70) feet, one (1) tree shall be placed within the front
setback per seventy (70) linear feet of frontage.
3. A maximum of two-thirds (2/3) of the front yard shall consist of non-living
material and features. A fully rocked or mulched front yard must contain a minimum one-third (1/3) living plant coverage, as measured by projected
growth after two (2) years.
4. The use of xeric/waterwise plant materials is required.
5. 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. Xeric/Waterwise Required: The use of xeric/waterwise plant materials and
principles are required and shall be used to guide design and promote water conservation.
G. Artificial turf.
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 of play, playgrounds, gaming
areas, and dog runs.
• Private fenced side and rear yards of single detached, duplex, and
single-attached dwellings, including townhomes, up to a maximum of
400 square feet per dwelling unit.
• The only use of artificial turf that qualifies as landscape materials (non-living) is for athletic fields of play. Other uses of artificial turf, including
playgrounds, gaming areas, and dog runs, shall not qualify as landscaping.
• 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.
2. Artificial turf is prohibited in the following locations:
• Required parking lot landscape buffer areas.
• Areas owned and/or maintained by owners associations, except where
used for athletic fields of play.
• On commercial, industrial, and institutional properties, except where
used for athletic fields of play.
H. Non-Functional Turf. In additions to the limitations set forth in section 26-502.D, non-functional turf shall also be prohibited in the following locations.
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• Landscaping with slopes greater than 4:1, and
• Landscape strips less than six (6) feet in width.
I. Tree preservation.
1. Existing trees shall not be removed prior to review and approval of the concept
plan and site plan review processes outlined in sections 26-1414 and 26-1415.
2. The intent of these regulations is to ensure existing healthy trees larger than a
four (4) inch caliper remain, to the extent feasible. If healthy trees over four (4) inch caliper are proposed to be removed, justification shall be provided and
reviewed by the community development director. If necessary to be removed,
trees shall be replaced on a per caliper basis elsewhere within the respective
sub-district pursuant to Table 4 below.
Table 4: Tree Preservation, Transplantation, and Removal
Health/Size Preserve Transplant Replace Remove
Without
Replacement
Healthy / < 4”
caliper
Allowed Allowed Allowed Allowed
Healthy / 4”-12”
caliper
Allowed Allowed Required @
1:1
Not Allowed
Healthy / > 12”
caliper
Allowed Allowed Required @
2:1
Not Allowed
Unhealthy or Diseased Depends on Tree Survey Not Allowed Not Required Allowed
Table Notes:
1. Transplantation is subject to community development director approval and
demonstration of reasonable probability of success.
2. Location for transplanted or replacement trees subject to approval through
site plan review. 3. Total caliper of replacement trees shall equal or exceed total caliper required,
as noted above.
4. Preservation or removal of unhealthy or diseased trees shall be assessed on
a case-by-case basis.
3. A tree canopy analysis shall be required as part of the concept plan application materials. Additional information shall be required with subsequent site plan
applications including the health, species, and location of existing trees with a
four (4) inch caliper or greater and the proposed disposition of those trees (i.e., replace or preserve). Final determination to preserve, transplant, replace, or
remove existing trees shall require the approval of the community development director as part of the site plan review process.
30
J. Streetscaping. All new development, including expansions of an existing structure
by 50 percent or more of the floor area, shall meet the applicable requirements in
the City of Wheat Ridge Streetscape Design Manual.
K. All requirements of section 26-502, subsections C, D, and F shall apply to the MU-
LLC district. The remaining subsections of section 26-502 shall not apply.
L. The stormwater requirements of section 26-507 shall apply. A regional approach to
stormwater management and detention shall be required, utilizing shared detention
areas serving the campus.
M. The site grading and retaining wall requirements of section 26-508 shall apply.
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Sec. 26-1410. Permitted uses, requirements for mixed use development, and
conditional use permits.
A. Principle. The MU-LLC zone district emphasizes building form, rather than
permitted uses. A range of uses is permitted to promote mixed use development targeted in certain sub-districts of the campus.
B. Permitted and conditional uses are shown in the following table. This table, and not
the tables in section 26-204 or 26-1111, shall apply for the MU-LLC zone district. Uses not listed shall be deemed excluded.
1. The community development director has the authority to determine that a use not specifically listed should be permitted or allowed on the basis of it being
similar to a listed use, compatible in character and impact with uses in the
zone district, consistent with the intent of the district, and which would not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise,
radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, or is not hazardous to the health and safety of surrounding
areas through danger of fire or explosion. The director's decision may be
appealed to the board of adjustment as an interpretation request.
Table 5: Permitted Uses within MU-LLC Overlays and Sub-Districts
Use Group Low-Density
Overlay
Sub-district 1 (outside
of Low-
Density
Overlay)
Sub-district 2 Sub-district 3 Sub-district 4
(outside
of Low-
Density
Overlay)
Residential
Assisted living
facility
NP P P P P
Dwelling, single
detached
P P NP NP P
Dwelling, single
attached
NP P P P P
Dwelling, duplex P P NP NP P
Dwelling, multiple NP NP P P C
Dwelling, live/work NP P P P P
Residential group
homes for 8 or fewer
persons, plus staff
P P P P P
Residential group
homes for 9 to 14 persons, plus staff
NP C C C C
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Residential group
home for 15 or more
persons, plus staff
NP NP NP NP NP
Short-term rental
(see § 26-645)
P P P P P
Public, Civic, and Institutional
Amphitheater NP NP C C NP
Community buildings and cultural facilities,
including libraries, museums, and art
galleries
NP P P P P
Hospital NP NP NP NP NP
Freestanding
emergency room facilities
NP NP NP NP NP
Parks, open space,
playgrounds, and plazas
P P P P P
Place of worship C P P P P
Public uses and
buildings
P P P P P
Recreation facilities, indoor and outdoor P P P P P
Schools, public and
private; colleges,
universities, and
trade schools
C P P P P
Utilities, major NP NP NP NP NP
Utilities, minor P P P P P
Urban gardens (See
§ 26-637)
P P P P P
Transit stations,
public or private
NP P P P P
Commercial Services and Retail
Adult entertainment
and night clubs
NP NP NP NP NP
Animal daycare
facility (See § 26-
644)
NP NP P P NP
Bail bonds (per § 26-
634)
NP NP NP NP NP
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Banks and financial
institutions, no drive-
through or drive-up
NP NP P P C
Bars and taverns NP NP P P NP
Bed and breakfast C P P P P
Car washes NP NP NP NP NP
Day care center,
child and adult
C P P P P
Drive-up or drive-
through uses, any
type
NP NP NP NP NP
Eating establishment
/ restaurant
NP NP P P C
Electric vehicle
charging station (EVCS), retail
NP NP NP NP NP
Food truck park NP NP P P C
Massage business
(See chapter 11,
article X, Code of Laws for additional
restrictions)
NP NP P P C
Microbrewery, microdistillery, or
microwinery; with a tap room
NP NP P P NP
Microbrewery,
microdistillery, or
microwinery; without
a tap room
NP NP NP NP NP
Motor fueling
stations
NP NP NP NP NP
Motor vehicles sales NP NP NP NP NP
Outdoor storage NP NP NP NP NP
Pawn brokers NP NP NP NP NP
Personal services NP NP P P C
Produce stands (See
§ 26-636 and § 26-
613 for home
occupations)
P P P P P
Recreation facilities,
commercial
NP NP P P NP
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Repair, rental and
servicing of
automobiles
NP NP NP NP NP
Retail sales, kiosk or
eating establishment, kiosk
NP NP P P C
Retail sales — up to
20,000 gsf for one tenant space
NP NP P P C
Retail sales — up to 60,000 gsf for one
tenant space
NP NP P C NP
Retail sales — over 60,000 gsf for one
tenant space
NP NP NP NP NP
Urban gardens (See
§ 26-637)
P P P P P
Veterinary clinics
and hospitals, no
outdoor runs, play yards, pens, or
training areas
NP NP P P C
Hospitality and Entertainment
Hotels NP NP C C NP
Motels (as defined in section 26-123) and
extended stay
lodging (See ch. 11,
art. XVI)
NP NP NP NP NP
Studios, including art studios and galleries,
music, dance,
television, and radio broadcasting
stations
NP NP P P C
Theaters (indoor) NP NP P P NP
Office and Industrial
Healing centers (may not be located within
1000 feet of a childcare center,
preschool,
elementary, middle,
NP C P P C
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junior or high school
or a residential
childcare facility)
Maker
space/workshop
NP C P P C
Medical and dental
clinics
NP C P P C
Offices NP C P P C
Office-warehouse, no
outdoor storage
NP NP NP NP NP
Outdoor storage NP NP NP NP NP
Restricted light
industrial
NP NP NP NP NP
Self-storage facility NP NP NP NP NP
Wholesale NP NP NP NP NP
Ancillary Uses
Accessory dwelling
unit (see § 26-646), as an accessory use
to a single detached dwelling
P P NP NP P
Day care home,
small or large, as an accessory use to a
single detached, duplex, or single
attached dwelling
P P P P P
Electric vehicle
charging station
(EVCS), retail or non-retail
P P P P P
Home occupation
(see § 26-613)
P P P P P
Parking facilities P P P P P
Short-term rental (see § 26-645) P P P P P
Temporary Uses
Special events,
including festivals
and farmers markets. For
farmers' markets,
see § 26-635
P P P P P
36
Key: P = Permitted, C = Conditional Use, NP = Not Permitted
C. Requirements for mixed-use development. To ensure a presence of sales tax
generating and neighborhood-serving commercial uses in the northern portion of
the campus, sub-districts 2 and 4 shall include a combined minimum of ten thousand (10,000) square feet of commercial building area. For the purposes of
this requirement, such building area must be able to accommodate sales tax generating uses and neighborhood-serving uses such as any neighborhood-serving
retail, restaurant, or personal services use approved by the community
development director.
D. Conditional use permits. Any use with a “C” in the permitted use table shall only be
allowed if reviewed and approved by the community development department pursuant to the standards set forth below.
1. Pre-application meeting. Prior to submittal of a conditional use permit
application, the applicant shall attend a pre-application conference, as described in section 26-104.
2. Conditional use permit application. Conditional use permit applications shall be submitted only after a pre-application meeting. All applications shall be
submitted to the community development department and may be reviewed
concurrently with a site plan application. Applications shall conform to the submittal requirements established by the community development
department.
3. Conditional use permit criteria. The following criteria shall be used in evaluating
each application.
a. The compatibility of the proposed use with the comprehensive plan, the Lutheran Legacy Campus master plan including alignment with applicable
use suitability maps, and any future adopted plans for the campus;
b. The compatibility of the proposed use with existing and proposed
adjacent uses, in terms of scale, site design, and operating characteristics
(including traffic generation, lighting, noise, and hours of operation);
c. The ability to mitigate adverse and undesirable impacts to the surrounding
area, including but not limited to, visual impacts, air emissions, noise, vibrations, glare, heat, odors, water pollution, and other nuisance effects;
d. Amount of traffic generation and capacity and design of roadways to
handle anticipated traffic;
e. The incorporation and integration of architectural and landscape features
to mitigate impacts from the proposed use.
4. Conditional use permit approval. The community development director shall
have the authority to approve or deny any conditional use permit application. In
approving the application, the community development director may place
conditions necessary to meet the criteria outlined in this section.
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5. Transfer of conditional use permit or requirement for updated conditional use
permit. A conditional use permit may be transferrable, subject to the discretion
of the community development director. In most cases, after buildings are completed and entitled with an approved conditional use permit, new
conditional use permits for new similar users are not required. The director may determine if a new conditional use permit is required, only if a new
proposed use is more intensive than what the current conditional use permit
may allow, or the building or use is being expanded.
6. A decision by the community development director to deny a conditional use
permit application or any conditions on approval imposed by the community development director may be appealed to the board of adjustment in the same
manner as administrative variances pursuant to section 26-115.
7. Time limit on conditional use permits. For any applicant to exercise the right to develop a conditional use permit, a certificate of occupancy for the
development of the conditional use must be issued within three (3) years of the date of approval.
Sec. 26-1411. Preservation of existing buildings.
A. Principle. The Lutheran Legacy Campus Master Plan and City Council Resolution
03-2022 identified three existing assets with historic value. These assets contribute to the character of the campus and must be integrated within the development.
B. Existing assets identified. The three structures identified are the chapel, the “Blue
House”, and the tuberculosis tent.
C. Requirements. The concept plan applicant shall provide justification as to how they
will comply with the intent of the Master Plan and City Council resolution to preserve, rehabilitate, or restore the existing assets. The application shall include
concepts for the integration of the existing assets into the proposed development.
Approval of the concept plan shall bind the applicant, owner, successors, and
assigns to the commitments identified in the concept plan. Future site plan
approvals shall identify how the existing assets are being rehabilitated and/or incorporated into the development.
Sec. 26-1412. Signs.
A. Principle. Signage should complement building and site design and be strategically
located to minimize the impact of advertising on the public realm. Signs shall be oriented toward and scaled to the pedestrian.
B. All signage shall comply with chapter 26, article VII except as modified below:
1. Wall and roof sign requirements:
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a. Wall signs are permitted to be affixed to walls which face streets (public or
private), alleys, parking areas, and publicly accessible open space including
trails.
b. No roof signs are allowed, except for single-story kiosk-style commercial
spaces where wall signage is severely limited by the size and height of the building, in which case a sign can extend above the roof line up to five (5)
feet.
c. Wall signs placed on a vertical architectural element or above a pedestrian entrance may extend above the roof deck by up to ten (10) feet. This
provision shall not apply to mansard roofs.
d. Commercial uses shall include pedestrian-scaled wall, arcade, or blade
signage.
2. Freestanding sign requirements:
a. Shall only take the form of monument signs and shall not exceed seven (7)
feet in height, measured from the finished grade of the nearest adjacent pedestrian walk or similar feature. The base of the monument sign shall be
consistent with the materials of the building to which it is associated.
b. Setbacks: Five (5) feet for signs on campus perimeter or for signs interior to the campus, one (1) foot from property lines or back of sidewalk, whichever
is applicable.
c. Pole signs are not permitted.
3. Changeable copy signs, including flashing signs, electronic messaging center
(EMC) signs, and LED electronic signs are not permitted, except for signs owned or leased by the City.
4. If signs are externally illuminated, lighting must be downcast.
5. Signs may not be internally illuminated if they face adjacent existing residential
development. Other internally illuminated signs are encouraged to be turned
off when businesses are not in operation.
6. Regional identification and gateway signage at primary campus entrances and
intersections as identified in Figure 11 shall be permitted with the intent to create identifiable entrances and branding for the overall development. These
signs shall not exceed six (6) feet in height and shall be set back at least five
(5) feet, or instead may be integrated into an architectural feature such as a
district sign archway over a street, with approval of the community
development director. This type of sign may be placed without the requirement to be on a lot with a building. No more than four (4) total signs of this type are
permitted.
39
Figure 11
Figure 11: Permitted regional identification and gateway signage locations. The dots on
the image show the permitted general locations of regional ID signs, subject to review through a building permit application.
C. A master sign plan following the requirements of section 26-708.D may be utilized
to encourage well-planned and cohesively-design signage for the campus or
individual development sites.
Sec. 26-1413. Exterior lighting.
A. Principle. Outdoor lighting should provide safety for pedestrians and reduce glare
onto adjacent properties and into the night sky.
B. All exterior lighting shall comply with section 26-503 and downcast LED lighting
shall be permitted. All lighting shall be energy efficient and comply with the City’s adopted building codes.
C. Pedestrian walks internal to a site shall be lit with full cutoff lighting fixtures no
more than twelve (12) feet high. Bollard lighting is encouraged in natural
landscaped areas where taller lighting fixtures may be impractical.
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D. Light shields for pole lights may be required to prevent glare onto properties with a
residential use.
Sec. 26-1414. Site plan review.
A. All site development, including developments containing single-unit dwelling and duplex uses, within the MU-LLC zone district shall be subject to the site plan review
process outlined in section 26-111, except as modified in this section.
B. All site plan applications shall be reviewed for consistency with all standards within this article and with the applicable concept plan that has been approved for the
campus.
C. All approved site plans shall be kept on file in the community development
department.
D. Under certain circumstances, subject to approval by the community development director and to be determined at the required pre-application meeting or during the
site plan review process, site plan review applications may be processed simultaneously with building permit applications.
E. For all site development, in addition to the requirements of section 26-111, civil
construction plans shall be provided for review as part of the site plan and subdivision applications, which shall include construction plans for associated
infrastructure including but not limited to streets and alleys, sidewalks, streetscapes (including street lighting and landscaping), grading, drainage
improvements, utilities, publicly-accessible open space, tree preservation and/or
replacement, and other improvements as specified by the community development director or other reviewing agencies. Subdivision review may be carried out
simultaneously with review of the site plan.
F. For site development containing single-unit dwelling and duplex uses, the following
requirements of section 26-111 may be deferred as described:
1. Architectural elevations and plans may not be required at time of site plan
application, provided that master architectural plans are provided for review and
approval as part of the building permit process, and prior to applications for individual vertical building permits.
2. Landscape plans for individual lots may be deferred until time of building permit,
provided that master landscape plans and plant lists are provided for review and
approval as part of the building permit process to verify compliance with the
open space regulations for single-unit and duplex uses in section 26-1409.E.
Sec. 26-1415. Concept plan review.
A. A concept plan application for the campus shall be submitted to and approved by
the community development director prior to individual site plan approvals(s).
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B. Prior to submittal of the concept plan, the applicant must complete a pre-
application conference per the requirements in section 26-104.
C. A neighborhood meeting shall be required prior to submittal of the concept plan application. The applicant shall follow the neighborhood meeting requirements per
subsection 26-109.A.1.
D. After the pre-application conference and after the neighborhood meeting, the
concept plan application may be submitted to the community development
department for review. The concept plan application shall include the following information:
1. The concept plan shall be prepared in a twenty-four (24) × thirty-six (36) inch format.
2. Vicinity map.
3. The boundary of the entire development site (the campus).
4. Scale and north arrow.
5. Date of map preparation and name and address of person who prepared the map.
6. Proposed circulation concepts, including roads, right-of-way (public and
private), access points, and major pedestrian routes.
7. Proposed building areas and preliminary land use concepts, including the
proposed approach to comply with section 26-1410.C.
8. Open space concepts, including identifying areas of larger publicly accessible
open space.
9. Preliminary traffic analysis with specific land use assumptions.
10. Preservation concepts of existing assets as defined and required in Section 26-
1411.
11. Preliminary drainage letter.
12. Improvement Survey Plat (ISP) or ALTA/NSPS Land Title Survey with
topography.
13. Tree canopy survey
E. Upon receipt of the concept plan application, the community development department shall review the application and refer the application to affected public
agencies for review and comment, if applicable.
F. Public notice of concept plan approval.
1. Upon approval of the concept plan application, the community development
department shall send by first class mail, a notice of concept plan approval to adjacent property owners and occupants within one thousand (1,000) feet of
the subject property.
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2. The letter shall include a description of the approved concept plan, zone
district information, and information regarding construction hours and
requirements, in a form determined by the community development director.
3. This notice of concept plan approval shall be mailed within fifteen (15) days of
concept plan approval by the community development director.
4. Failure of a property owner or occupant to receive a mailed notice shall not
invalidate the approval of the concept plan and shall not be regarded as
constituting inadequate notice.
G. The approved concept plan shall be recorded with Jefferson County Clerk and
Recorder's Office and kept on file with the community development department.
H. Amendments to a recorded concept plan will be required to follow the same review
process as the initial concept plan application.
Sec. 26-1416. Relief process.
A. The community development director may approve relief from some standards within this article. Such 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.
B. In order to relieve undue hardship, the community development director may grant
administrative adjustments to the following quantitative standards to the extent shown in the table below:
Table 6: Allowed Administrative Adjustments for Quantitative Standards
Standard Maximum Allowable Administrative Adjustment
Building setback requirements (section
26-1405)
10%
Transparency requirements (section 26-
1406.E)
10%
Minimum parking requirements (section
26-1407.F, Table 3)
Up to 25%; parking study may be required
Landscaping administrative adjustments
identified in section 26-502.F.5
Refer to section 26-502.F.5
C. The community development director may approve use of an alternative to a
qualitative design standard from section 26-1406 upon a finding that the following requirements are met:
• Alternative is consistent with the stated intent of the design standard.
43
• Alternative achieves or implements the stated intent to the same degree or better than strict compliance to the design standard would have achieved
otherwise.
• Alternative will not create adverse impacts on adjacent residential development,
or adjacent streets and publicly accessible open space.
D. Any proposed relief from the eligible quantitative requirements within this article
that do not fall within the table of allowed administrative adjustments (Table 6) shall be required to follow the process for “Variances of more than fifty (50) percent,”
specified in section 26-115.C.3, regardless of whether the request is greater than
fifty (50) percent of the applicable development standard. Qualitative design
standards are not eligible for variances beyond the administrative adjustment relief
described in subsection C. No other standards within this article are eligible for relief through the administrative adjustment or variance processes.
Sec. 26-1417. Definitions.
Except as expressly modified below, the definitions in sections 26-123 and 26-1119 shall apply. If a term is defined in both section 26-123 and 26-1119, the definition used
in 26-1119 shall apply. Except as otherwise indicated, the following definitions shall
apply to the MU-LLC zone district only.
Campus. That contiguous area contained within the boundary of the Lutheran
Legacy Campus as defined in the Lutheran Legacy Campus Master Plan.
Charter-exempted area. That area described in Wheat Ridge home rule charter
section 5.10.1(h), as the “interior portion 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)”, related to building heights for the interior of the campus.
Existing residential development. Those areas of low-density residential
neighborhoods that existed prior to January 1, 2025, outside of and adjacent to the east,
west, and south campus boundaries.
Open space, publicly accessible. Open space that is accessible by the general public
in addition to the residents, guests, and tenants of the development in perpetuity, guaranteed by means of a recorded perpetual public access easement or city
ownership, and following the requirements of section 26-1109.C.
Primary entrance. The entrance to a building which is designed to be the principal or
main pedestrian entry to the building for use by customers, residents, and tenants, and
includes references to “front door” when used with respect to single-unit, duplex, and single attached dwellings.
Regional identification and gateway sign. A freestanding sign designed to convey a
sense of arrival and identify a cohesive development.
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Retail sales, kiosk or eating establishment, kiosk. A freestanding, permanent
structure no larger than 200 square feet and containing a commercial services/retail
use. Shall be subject to the accessory building height and setback requirements.
Usable open space. Open space which, by its configuration, size, and design, can be
used for passive or active recreation and meeting the requirements of section 26-1109.D.
Section 2. Section 26-106 of the Wheat Ridge Code of Laws, containing the review process chart for land use approvals, is hereby amended as follows, in the
appropriate rows within the table:
Approval
Requested Pre-Application Final Reference Appeal
Staff Neighborhood Staff PC CC BOA URPC
Mixed Use
Concept Plan X 5 X A § 26-1116,
or § 26-1415 for MU-LLC
Mixed Use
Conditional
Use Permit
X A § 26-1118,
or § 26-
1410.D for MU-LLC
BOA
Section 3. Section 26-111.A of the Wheat Ridge Code of Laws is hereby
amended as follows:
A. Application. The requirements of this section apply to site development on
property for which the use proposed is a use by right, is other than a single-unit dwelling or two-unit dwelling, and for which planned development district
approval is not sought. The requirements for site plans required in planned
development zone districts are found in those district regulations. This section establishes the purpose, graphic and informational requirements for
site development review required in instances other than planned development districts, including all site development within any mixed-use
district established in article XI. or article XIV.
Section 4. Section 26-115.C.3 of the Wheat Ridge Code of Laws is hereby
amended as follows to specify which sections of Article XIV are eligible for variances, and to clarify which sections of Article XI are eligible for variances:
C. Variances:
…
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
45
for variances from the strict application of the development standards
pertaining to zone districts in article II, sections 26-501, table 3 of 26-
502.E, 26-502.E, 26-603, 26-625, or article VII of this chapter., variances beyond the administrative adjustment threshold from the table in section
26-1117, and variances beyond the administrative adjustment threshold
for quantitative standards described in Table 6 of section 26-1416.
Section 5. 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 addition of the
following new definition in the appropriate alphabetical location, as follows:
Motel: A subtype of hotel where guest rooms are accessed from exterior
hallways and entries.
Section 6. Section 26-201 of the Wheat Ridge Code of Laws, containing a list of
the zone districts in the City of Wheat Ridge is hereby amended as follows to add the MU-LLC zone district and to add the existing mixed-use districts which were not added
to the list when the ordinance creating those districts was approved, by adding the five
districts to the bottom of the list:
Mixed use commercial (MU-C) zone district
MU-C transit-oriented development sub-district (MU-C TOD)
MU-C interstate sub-district (MU-C Interstate)
Mixed use neighborhood (MU-N)
Mixed use Lutheran Legacy Campus (MU-LLC)
Section 7. Section 26-411.B of the Wheat Ridge Code of Laws is hereby amended as follows to add a reference to the MU-LLC zone district:
B. Blocks.
…
3. For property in a mixed use zone district, block size shall also conform
to the requirements in section 26-1108.B. Site circulation and access requirements for the MU-LLC zone district are contained in section 26-
1408.
Section 8. Section 26-502.B of the Wheat Ridge Code of Laws is hereby
amended as follows to add a reference to the MU-LLC zone district:
B. Applicability. The requirements of this section shall apply as follows:
…
46
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. Site development within the MU-LLC zone district shall comply with subsections C, D, and F; and the open space requirements in chapter
26, Article XIV.
Section 9. Section 26-502.E (Table 3) of the Wheat Ridge Code of Laws is
hereby amended as follows to add two references to the MU-LLC zone district being exempt from the regulations within the table:
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
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, or Article XIV for MU-LLC
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, or section 26-1409 for MU-LLC.
47
Section 10. Section 26-615.D.7 of the Wheat Ridge Code of Laws is hereby
amended as follows to prohibit new freestanding CMRS facilities within the MU-LLC zone district:
D. Standards for all CMRS facilities. The following are standards for all CMRS facilities.
…
7. Siting of CMRS facilities in residential areas. The city encourages the siting of CMRS facilities in nonresidential areas.
a. The city prohibits freestanding CMRS facilities in the following zone districts:
…
(10) Agricultural-Two (A-2); and
(11) Mixed Use-Neighborhood (MU-N) zone districts.;
(12) Mixed Use-Lutheran Legacy Campus (MU-LLC).
Section 11. Section 26-645.C.1 of the Wheat Ridge Code of Laws concerning
exemptions for short-term rentals in apartments is hereby amended as follows:
C. Maximum number per short-term rental host. …
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, mixed use-
lutheran legacy campus (MU-LLC), 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.
Section 12. Section 26-646.A of the Wheat Ridge Code of Laws concerning eligible zone districts for Accessory Dwelling Units is hereby amended as follows:
A. Eligible zone districts. An accessory dwelling unit (ADU) shall be permitted as
an accessory use to single detached dwellings in all residential and agricultural
48
zone districts, and in the mixed use-neighborhood (MU-N) zone district, and
portions of the mixed use-lutheran legacy campus (MU-LLC) zone district per
the table of permitted uses (Table 5) in section 26-1410.B. Planned residential developments and planned mixed use developments that are approved on and
after August 15, 2022 and that allow single detached dwelling units as a primary
use shall also allow ADUs as an accessory use.
Section 13. Section 26-708.F of the Wheat Ridge Code of Laws concerning signs in mixed use zone districts is hereby amended as follows:
F. Signs in mixed use zone districts. Signs in any mixed-use zone district must
also comply with requirements in section 26-1113, or section 26-1412 for the
MU-LLC zone district.
Section 14. Section 26-710.A.4 of the Wheat Ridge Code of Laws concerning
general permanent sign standards and applicable zone districts is hereby amended as follows:
A. General.
…
4. Nonresidential zone districts include the entire commercial series (NC,
RC, C-1, C-2), mixed use series (MU-C, MU-C TOD, MU-C interstate, MU-N, MU-LLC), industrial employment (I-E), and planned developments
including PCD, PID, PHD, and PMUD.
…
Section 15. Section 26-1110.F of the Wheat Ridge Code of Laws concerning artificial turf in mixed use zones is hereby amended as follows to align with the new
section 26-1409.G and applicable state law:
F. Artificial turf.
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 of play, playgrounds, gaming
areas, and dog runs.
• Private fenced side and rear yards of single detached, duplex, and
single-attached dwellings, such as townhomes, up to a maximum of
400 square feet per dwelling unit.
• Required residential transitions landscape buffers.
49
• 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. The only use of artificial turf that qualifies
as landscape materials (non-living) is for athletic fields of play. Other
uses of artificial turf, including playgrounds, gaming areas, and dog runs, shall not qualify as landscaping.
2. Artificial turf is prohibited in the following locations:
• Required parking lot landscape buffer areas.
• Areas owned and/or maintained by owners associations, except
where used for athletic fields of playpurposes.
• On commercial industrial, and institutional properties, except where
used for athletic fields of playpurposes.
Section 16. Section 26-1110 of the Wheat Ridge Code of Laws concerning is
hereby amended by creating a new subsection M concerning xeric/waterwise landscaping to align with the new section 26-1409.F and the intent of the recently
adopted regulations concerning xeric/waterwise requirements:
M. Xeric/Waterwise required. The use of xeric/waterwise plant materials and
principles are required and shall be used to guide design and promote water
conservation.
Section 17. 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 modifying
a definition:
Dwelling, live/work. A combination of residential occupancy and commercial
activity located within a dwelling unit. Typical commercial activities may include home
offices, craft work, art studios, jewelry making, and similar activities. A dwelling unit or sleeping unit in which a significant portion of the space includes a nonresidential use
that is operated by the tenant, in compliance with the applicable building code
definition and regulations of live/work.
Section 18. 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.
50
Section 19. Recording. This Ordinance shall be filed for record with the office of
the Jefferson County Clerk and Recorder.
Section 20. Effective Date. This Ordinance shall take effect immediately after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on the 13th day of January 2025, 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 January 27, 2025 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 27th day of January 2025.
SIGNED by the Mayor on this _____ day of ____________, 2025.
_______________________________ Bud Starker, Mayor
ATTEST:
_________________________________
Margy Greer, Sr. Deputy City Clerk
Approved as to Form
____________________________ Gerald E. Dahl, City Attorney
First Publication: January 14, 2025
Second Publication: January 28, 2025
Effective Date: January 27, 2025
Published: Jeffco Transcript and www.ci.wheatridge.co.us
Planning Commission Minutes - 1 – December 19, 2024
PLANNING COMMISSION Minutes of Meeting December 19, 2024 1. CALL THE MEETING TO ORDER
The meeting was called to order by Chair DISNEY at 6:30 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 Michael Moore Patrick Quinn Syrma Quinones Jonathan Schelke
Commission Members Absent: Krista Holub Will Kerns Staff Members Present: Jana Easley, Planning Manager Scott Cutler, Senior Planner
Alayna Olivas-Loera, Planner II Tammy Odean, Recording Secretary Gerald Dahl, City Attorney
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 – November 23, 2024
It was moved by Commissioner QUINN and seconded by Commissioner SCHELKE to approve the minutes of November 21, 2024, as written. Motion approved 6-0.
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.
Planning Commission Minutes - 2 – December 19, 2024
7. PUBLIC HEARING
…
C. Case No. ZOA-24-07: An Ordinance amending Chapter 26 of the Wheat Ridge
Code of Laws creating a new Article XIV entitled “Mixed Use Lutheran Legacy Campus Zone District” and making conforming amendments therewith. Mr. Cutler gave a short presentation regarding the resolution.
Public Comment No one wished to speak.
Commissioner QUINN asked for an explanation on the square footage of the entire
campus that will need to be used for commercial purposes. Mr. Cutler clarified that the commercial areas, as illustrated in the Master Plan, will need to include a minimum square footage in Districts 2 and 4 which are
closest to 38th Avenue. Ms. Easley added that there could be some commercial
adaptive reuse of the existing Blue House. Commissioner GRAEVE asked if there will be any affordable housing required on the site.
Mr. Cutler and Ms. Easley explained that the City can encourage affordable housing, but not require it. Chair DISNEY closed the Public Hearing.
It was moved by Commissioner QUINONES and seconded by Commissioner MOORE to recommend approval of an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws, creating a new Article XIV entitled “Mixed Use
Lutheran Legacy Campus Zone District” and making conforming amendments therewith. Motion carried 6-0.
Commissioner GRAEVE thanked staff for their hard work and appreciated that this
project is very forward thinking and is excited for the future of the Lutheran Legacy Campus. D. OLD BUSINESS
E. NEW BUSINESS
Planning Commission Minutes - 3 – December 19, 2024
A. Upcoming Dates
Ms. Easley mentioned that there will not be any Planning Commission meetings on
January 2 or 16, but there is a possibility of a meeting on February 6. B. Project and Development Updates
None.
C. Commissioner Updates None.
10. ADJOURNMENT
It was moved by Commissioner QUINN and seconded by Commissioner GRAEVE to adjourn the meeting at 7:29 p.m. Motion carried 6-0.
__________________________ _______________________________ Kristine Disney, Chair Tammy Odean, Recording Secretary
ITEM NUMBER: 2
DATE: January 27, 2025
REQUEST FOR CITY COUNCIL ACTION
COUNCIL BILL NO. 02-2025
TITLE: AN ORDINANCE AMENDING SECTION 2-53 OF THE WHEAT
RIDGE CODE OF LAWS CONCERNING MEMBERSHIP OF BOARDS
AND COMMISSIONS
☒PUBLIC HEARING ☐BIDS/MOTIONS ☐RESOLUTIONS
☐ORDINANCES FOR 1st READING
☒ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
This ordinance clarifies that board and commission members who change their
personal residence to another council district within the city may continue to be a
member representing the district for which they were appointed until the end of the term
for which they were appointed.
PRIOR ACTION:
On March 1, 2024, Ordinance No. 1777 became effective, which helped standardize procedures and processes for boards and commissions. Once implemented, staff
found another area regarding boards and commissions membership which needed clarification.
City Council approved this ordinance on first reading on January 13, 2025. A motion was made by Councilmember Hoppe and seconded by Councilmember Stites and was
approved by a vote of 8 to 0. . FINANCIAL IMPACT:
There is no financial impact to the City of Wheat Ridge.
BACKGROUND:
The City of Wheat Ridge is authorized by the home rule charter to create boards and commissions and to provide for the membership thereof.
Council Action Form – Boards and Commissions
January 27, 2025
Page 2
RECOMMENDATIONS:
Staff has received recommendation from City Council regarding this proposed change and agrees with Council’s recommendation.
RECOMMENDED MOTION:
“I move to approve Council Bill No. 02-2025, an ordinance amending Section 2-53 of the
Wheat Ridge Code of Laws concerning membership of Boards and Commissions on
second reading and that it take effect 15 days after final publication.”
Or,
“I move to postpone Council Bill No. 02-2025, an ordinance amending Section 2-53 of the
Wheat Ridge Code of Laws Concerning membership of Boards and Commissions for the
following reasons_____________.”
REPORT PREPARED/REVIEWED BY:
Margy Greer, Sr. Deputy City Clerk
Allison Scheck, Deputy City Manager
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill 02-2025
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER HOPPE
Council Bill No. 02
Ordinance No. 1815
Series 2025
TITLE: AN ORDINANCE AMENDING SECTION 2-53 OF THE WHEAT RIDGE
CODE OF LAWS CONCERNING MEMBERSHIP OF BOARDS AND
COMMISSIONS
WHEREAS, the City of Wheat Ridge (the “City”) 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. § 31-15-201, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for
the appointment, term of office, removal, powers, duties, and compensation of all
officers; and
WHEREAS, the Council is authorized by the home rule charter to create boards
and commissions and to provide for the membership thereof; and
WHEREAS, the Council finds it necessary to amend Code Sections 2-53(e) to
clarify procedures concerning board and commission membership.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1. Section 2-53(e) of the Code is amended to read as follows:
(1) Any board or commission member may resign their term of office at will.
Any board or commission member may be removed from office by the city
council, after a public hearing before the council, by majority vote, at the council’s discretion. A member may also be removed by the council for
violation of a council adopted code of ethics.
(2) Any time a member of a board or commission accrues two unexcused
absences from meetings held by the board or commission within any three hundred and sixty-five (365) day period, such member shall automatically
cease to be a member of the board or commission, unless absences are
determined as excused absences and are voted upon by a majority of
remaining members of the board or commission. Any board or commission
member who is unable to attend a meeting shall notify the chairperson and staff liaison at least seven (7) days in advance of said meeting, except for in
the case of an illness, emergency, or force majeure. all other unnotified
ATTACHMENT 1
absences shall be considered unexcused. In addition, any time a member of
a board or commission is absent a sufficient number of times to cause the
chairman of the board or commission to believe that such absences are impairing the proper functioning of the board or commission, the chairman
of the board or commission shall notify the city council, which shall hold a hearing to determine if such member shall be removed for neglect of duty.
(3) A board or commission member WHO SHALL CHANGE THEIR PERSONAL RESIDENCE TO ANOTHER COUNCIL DISTRICT WITHIN THE CITY SHALL
CONTINUE TO BE A MEMBER REPRESENTING THE DISTRICT FOR WHICH THEY WERE APPOINTED UNTIL THE END OF THE TERM FOR WHICH THEY
WERE APPOINTED. who is not a resident within their represented district, as
permitted by section 2-53(c), may be removed and the vacancy thereby created, filled only in the event one of the foregoing conditions applies.
Other than as permitted by section 2-53(c). Any board or commission
member who shall change their personal residence to an address outside
the city or the district he represents shall cease to be a member of the board
or commission, and their seat shall automatically be deemed vacated as of the date on which THEY ceased to be a resident of the city.
(4) Vacancies on any board or commission, whether resulting from resignation,
removal by the council or other cause, SHALL may be filled by a new appointment by the city council. Such an appointment shall be for that
portion of time remaining in the term which the new member has been appointed to fill.
Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection,
or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid,
the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 13th
day of January, 2025, 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, January 27, 2025, at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
ATTACHMENT 1
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of ____ to ____, this 27th day of January 2025.
SIGNED by the Mayor on this ______ day of ______________, 2025.
ATTEST:
Margy Greer, Senior Deputy City Clerk
Bud Starker, Mayor
Approved as to Form:
Gerald E. Dahl, City Attorney
First Publication: January 14, 2025 Second Publication: January 28, 2025
Effective Date: February 12, 2025
Published: Jeffco Transcript and www.ci.wheatridge.co.us
ITEM NUMBER: 3
DATE: January 27, 2025
REQUEST FOR CITY COUNCIL ACTION
COUNCIL BILL NO. 03-2025
TITLE: AN ORDINANCE ADOPTING BY REFERENCE THE 2024 EDITION
OF THE MODEL TRAFFIC CODE FOR COLORADO, ADOPTING
AMENDMENTS THERETO, PROVIDING PENALTIES FOR MODEL
TRAFFIC CODE VIOLATIONS AND MAKING CONFORMING
AMENDMENTS TO CHAPTER 13 OF THE WHEAT RIDGE CODE
OF LAWS IN CONNECTION THEREWITH
☒PUBLIC HEARING ☐BIDS/MOTIONS ☐RESOLUTIONS
☐ORDINANCES FOR 1st READING
☒ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
The City is required to periodically review the Wheat Ridge Municipal Traffic Code to ensure conformance with State of Colorado Traffic Ordinances. The newest version of
the Model Traffic Code was adopted by the State of Colorado in 2024. To stay
consistent and up to date with the newest Colorado Traffic Codes and to ensure the
citizens of Wheat Ridge are best served by the updated Model Traffic Code, adoption of
the newest code is recommended.
PRIOR ACTION:
At the April 8, 2024, Special Study Session, City Council requested research into an updated Model Traffic Code to address traffic issues their constituents were asking to
be addressed.
At the December 2, 2024, Study Session, consensus was reached by City Council to
bring forward an ordinance to adopt the 2024 Colorado Model Traffic Code.
City Council approved this ordinance on first reading on January 13, 2025. A motion
was made by Councilmember Dozeman and seconded by Councilmember Ohm and
was approved by a vote of 8 to 0.
Council Action Form – Model Traffic Code January 27, 2025
Page 2
FINANCIAL IMPACT:
The 2024 Colorado Model Traffic Code has seen adjustments to the fee and fine schedule. Those areas that have seen small, relatively insignificant changes in the fee
schedule generally reflect a reduction in fees or a continuation of tax credits specific to electric and Hybrid motor vehicles. In addition, there appears to be a small adjustment
to certain Commercial Motor Carrier chain law violations. Therefore, there will be no
financial impact to the City of Wheat Ridge whether the 2024 Model Traffic Code is or is not adopted as these changes do not impact any current laws incorporated in the
Wheat Ridge Municipal Traffic Code. BACKGROUND:
In 2024 there have been many complaints about a variety of different traffic issues.
Those complaints include several areas covered in Colorado’s Model Traffic Code and
some that were not comprehensively covered until just recently with the updated 2024
Model Traffic Code. The new and updated Model traffic Code does not include dramatic
additions or changes. However, the updated Model Traffic Code allows the City to address several complaints that have only recently become an issue with the advent and
addition of new vehicle technology.
The most identifiable changes in the 2024 Colorado Model Traffic Code are as follows:
• Additional Rules surrounding the use of E-bikes.
o Riders under 18 years of age must wear a helmet.
o Individuals under the age of 16 are not allowed to ride class 3 e-bikes,
except as a passenger.
o Class 3 e-bikes are not allowed on bike paths unless the bike path is part of
a street.
o Local jurisdictions can prohibit the use of e-bikes (and scooters) on bicycle
or pedestrian paths.
• New Rules regarding cell phone usage.
o The use of hand-held cell phones while driving is banned.
• Minor fee changes.
o The addition of the fees for the noted e-bike and cell phone violations.
o Continuation of tax credits for Electric and Hybrid vehicles.
• Language specific to new vehicle technology and equipment.
o Addressing automated driving vehicles and setting levels of automation.
o Requiring a human driver in vehicles equipped with automated driving
capabilities.
o Minor language changes related to the maintenance and specifications of
Commercial Motor Carriers.
The adoption of the updated Model Traffic Code will allow the City of Wheat Ridge to
employ these updated codes to address the complaints and protect the safety and quality
of life of the citizens of Wheat Ridge.
Council Action Form – Model Traffic Code
January 27, 2025
Page 3
RECOMMENDED MOTION:
“I move to approve Council Bill No. 03-2025, an ordinance adopting by reference the 2024 Model Traffic Code for Colorado, adopting amendments thereto, providing
penalties for Model Traffic Code violations and making conforming amendments to
Chapter 13 of the Wheat Ridge Code of Laws in connection therewith on second reading
and that it takes effect fifteen (15) days after final publication, as provided by Section
5.11 of the Charter.”
Or,
“I move to postpone indefinitely Council Bill No. 03-2025, an ordinance adopting by
reference the 2024 Model Traffic Code for Colorado, adopting amendments thereto,
providing penalties for Model Traffic Code violations and making conforming
amendments to Chapter 13 of the Wheat Ridge Code of Laws in connection therewith for the following reason(s).”
REPORT PREPARED/REVIEWED BY:
Eric Kellogg, Division Chief
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 03-2025
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER DOZEMAN
Council Bill No. 03-2025
Ordinance No. 1816
Series 2025
TITLE: AN ORDINANCE ADPOTING BY REFERENCE THE 2024 EDITION OF
THE MODEL TRAFFIC CODE FOR COLORADO, ADOPTING AMENDMENTS
THERETO, PROVIDING PENALTIES FOR MODEL TRAFFIC CODE
VIOLATIONS AND MAKING CONFORMING AMENDMENTS TO CHAPTER
13 OF THE WHEAT RIDGE CODE OF LAWS IN CONNECTION THEREWITH
WHEREAS, the City of Wheat Ridge (“City”) is a Colorado home rule municipality
operating under a Charter approved by the electorate pursuant to Article XX of the Colorado Constitution and governed by its elected City Council (“Council”); and
WHEREAS, the Council has authority pursuant to the Home Rule Charter and C.R.S.
§31-16-101, et seq. to adopt and enforce all ordinances; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-702(1)(a)(I), the
City is authorized to regulate the use of streets; and
WHEREAS, the Council previously adopted the 2010 edition of the Model Traffic
Code for Colorado, as promulgated, and published by the Colorado Department of
Transportation, codified as Wheat Ride Code of Laws (“Code”) Section 13-2; and
WHEREAS, the Colorado Department of Transportation has prepared and
published a 2024 edition of the Model Traffic Code for Colorado; and
WHEREAS, the Council recognizes the value of the Model Traffic Code for
Colorado as providing a uniform system of traffic regulation within the City that is consistent with state law and with traffic regulations throughout the state and nation; and
WHEREAS, the Council finds it is necessary to adopt the most recent version of
the Model Traffic Code to ensure the health, safety, and welfare of the citizenry; and
WHEREAS, the Council has caused this Ordinance to be introduced at a public
meeting of the Council, and subsequently has caused notice of a public hearing of the same to be published, and has conducted said hearing, all in compliance with C.R.S. § 31-
16-203.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
ATTACHMENT 1
Section 1. Section 13-2 of the Code, concerning the Colorado Model Traffic Code,
is hereby amended to read as follows:
Sec. 13-2. - Model Traffic Code.
(a) Adopted. Pursuant to Title 31, Article 16, Parts 1 and 2, C.R.S.,
there is hereby adopted by reference the 202410 edition of the Model
Traffic Code for Colorado, including ALL APPENDICES THEREIN Appendix I
concerning definitions, promulgated and published as such by the Colorado Department of Transportation, Safety and Traffic Engineering Branch, 4201
East Arkansas Avenue, EP 700, Denver, Colorado 80222, subject to the
amendments set forth herein. The subject matter of the Model Traffic Code
relates primarily to comprehensive traffic control regulations for the city.
The purpose of this section and the code adopted herein is to provide a system of traffic regulations consistent with state law and generally
conforming to similar regulations throughout the state and the nation.
Three (3) copies of the Model Traffic Code adopted herein are filed in the
office of the city clerk and may be inspected during regular business hours.
The 202410 edition of the Model Traffic Code is adopted as if set out at length, with amendments as set forth herein.
(b) Amendments. The 202410 Model Traffic Code ADOPTED
HEREBY IS FURTHER AMENDED AS FOLLOWS is subject to the following
additions or modifications:
(1) Section 235, reserved, is hereby amended to read in its entirety as follows:
"235. Minimum standards for commercial vehicles - spot
inspections.
(1) A police officer or sheriff's officer may, at any time, require
the driver of any commercial vehicle, as defined in section 42-4-235,
C.R.S., to stop so that the officer or deputy may inspect the vehicle
and all required documents for compliance with the rules and regulations promulgated by the Colorado Department of Public
Safety, Colorado Code of Regulations Volume 8, 1507-1 "Minimum
Standards for the Operation of Commercial Vehicles."
(2) A police officer or sheriff's officer may immobilize,
impound, or otherwise direct the disposition of a commercial vehicle when it is determined that the motor vehicle or operation thereof is
unsafe and when such immobilization, impoundment, or disposition
is appropriate under the rules and regulations promulgated by the
Colorado Department of Public Safety, Colorado Code of Regulations
ATTACHMENT 1
Volume 8, 1507-1 "Minimum Standards for the Operation of
Commercial Vehicles."
(3) Any person, as defined in section 42-1-102(69), C.R.S., who violates subsection (1) of this section commits a traffic offense."
(2) Section 236, concerning child restraint systems, is hereby
amended to read in its entirety as follows:
"Section 236. Child restraint systems required - definitions -
exemptions.
(1) As used in this section, unless the context otherwise
requires:
(a) "Childcare center" means a facility required to be
licensed under the "Childcare Licensing Act", article 6 of title
26, C.R.S.
(a.1) "Child restraint system" means a specially
designed seating system that is designed to protect, hold, or
restrain a child in a motor vehicle in such a way as to prevent
or minimize injury to the child in the event of a motor vehicle
accident that is either permanently affixed to a motor vehicle or is affixed to such vehicle by a safety belt or a universal
attachment system, and that meets the federal motor vehicle
safety standards set forth in section 49 CFR 571.213, as
amended.
(a.2) "Motor vehicle" means a passenger car; a pickup truck; or a van, minivan, or sport utility vehicle with a gross
vehicle weight rating of less than ten thousand pounds.
"Motor vehicle" does not include motorcycles, low-power
scooters, motor scooters, motor bicycles, motorized bicycles,
and farm tractors and implements of husbandry designed
primarily or exclusively for use in agricultural operations.
(b) "Safety belt" means a lap belt, a shoulder belt, or any other belt or combination of belts installed in a motor vehicle
to restrain drivers and passengers, except any such belt that
is physically a part of a child restraint system. "Safety belt"
includes the anchorages, the buckles, and all other equipment
directly related to the operation of safety belts. Proper use of a safety belt means the shoulder belt, if present, crosses the
shoulder and chest and the lap belt crosses the hips, touching
the thighs.
ATTACHMENT 1
(c) "Seating position" means any motor vehicle interior
space intended by the motor vehicle manufacturer to provide
seating accommodation while the motor vehicle is in motion.
(2)
(a)
(I) Unless exempted pursuant to subsection (3)
of this section and except as otherwise provided in
subparagraphs (II) and (III) of this paragraph (a), every child who is under eight years of age and who is being
transported in this state in a motor vehicle or in a
vehicle operated by a child care center, shall be
properly restrained in a child restraint system,
according to the manufacturer's instructions.
(II) If the child is less than one year of age and
weighs less than twenty pounds, the child shall be
properly restrained in a rear-facing child restraint
system in a rear seat of the vehicle.
(III) If the child is one year of age or older, but less than four years of age, and weighs less than forty
pounds, but at least twenty pounds, the child shall be
properly restrained in a rear-facing or forward-facing
child restraint system.
(b) Unless excepted pursuant to subsection (3) of this section, every child who is at least eight years of age but less
than sixteen years of age who is being transported in this
state in a motor vehicle or in a vehicle operated by a childcare
center, shall be properly restrained in a safety belt or child
restraint system according to the manufacturer's
instructions.
(c) If a parent is in the motor vehicle, it is the responsibility of the parent to ensure that his or her child or
children are provided with and that they properly use a child
restraint system or safety belt system. If a parent is not in the
motor vehicle, it is the responsibility of the driver transporting
a child or children, subject to the requirements of this section, to ensure that such children are provided with and that they
properly use a child restraint system or safety belt system.
ATTACHMENT 1
(3) Except as provided in section 42-2-105.5 (4), subsection
(2) of this section does not apply to a child who:
(a) Repealed.
(b) Is less than eight years of age and is being
transported in a motor vehicle as a result of a medical or other
life-threatening emergency and a child restraint system is not
available;
(c) Is being transported in a commercial motor vehicle, as defined in section 42-2-402 (4) (a), that is operated by a
childcare center;
(d) Is the driver of a motor vehicle and is subject to the
safety belt requirements provided in section 42-4-237;
(e) Repealed.
(f) Is being transported in a motor vehicle that is
operated in the business of transporting persons for
compensation or hire by or on behalf of a common carrier or
a contract carrier as those terms are defined in section 40-
10.1-101, C.R.S., or an operator of a luxury limousine service as defined in section 40-10.1-301, C.R.S.
(4) The division of highway safety shall implement a program
for public information and education concerning the use of child
restraint systems and the provisions of this section.
(5) No person shall use a safety belt or child restraint system, whichever is applicable under the provisions of this section, for
children under sixteen years of age in a motor vehicle unless it
conforms to all applicable federal motor vehicle safety standards.
(6) Any violation of this section shall not constitute
negligence per se or contributory negligence per se.
(7)
(a) Except as otherwise provided in paragraph (b) of this subsection (7), any person who violates any provision of
this section commits a class B traffic infraction.
ATTACHMENT 1
(b) A minor driver under eighteen years of age who
violates this section shall be punished in accordance with
section 42-2-105.5(5)(b).
(8) The fine may be waived if the defendant presents the court
with satisfactory evidence of proof of the acquisition, purchase, or
rental of a child restraint system by the time of the court
appearance."
(3) Section 501, concerning the penalty for size and weight violations is hereby amended to read as follows:
"501. Size and weight violations.
(1) Except as provided in this Part 5, it is a traffic infraction for
any person to drive or move or for the owner to cause or knowingly
permit to be driven or moved on any street or highway within the city any vehicle or vehicles of a size or weight exceeding the limitations
set forth in this Part 5.
(2) The provisions of subsection (1) of this section 501 shall
not apply to fire apparatus, mobile machinery, self-propelled
construction equipment, or to implements of husbandry temporarily moved upon a city-maintained street or to a vehicle operated under
the terms of a special permit issued pursuant to section 510 of the
Model Traffic Code."
(24) Subsection 507(3), concerning wheel and axle loads of self-
compactor vehicles, is hereby amended to read as follows:
"(3) Vehicles equipped with a self-compactor and used solely
for the transportation of trash are exempted from the provisions of
paragraph (b) of subsection (2) of this section only when such
vehicles are travelling on a state-maintained secondary state
highway within city limits."
(35) Section 509, concerning "Vehicles weighed Excess removed," is
hereby amended by the addition of a new subsection (4), to read in its entirety as follows:
"(4) In the event that a police officer or other city employee
must take any action in shifting or removing any portion of an excess
load, the driver and/or owner of such vehicle shall reimburse the city
for the officer's or employee's efforts in removing or shifting such load at the rate of one hundred dollars ($100.00) per hour or a
ATTACHMENT 1
minimum of one hundred dollars ($100.00) for any efforts lasting
less than one (1) hour."
(46) Part 10, concerning driving, overtaking, and passing, is hereby amended by the addition of a new Section 1014, to read in its entirety as
follows:
"1014. Driving within bike lanes.
(1) It shall be unlawful for the driver of any motor vehicle to
drive such vehicle within the boundaries of posted bicycle pathways except under the following conditions:
(a) As may be necessary to execute an otherwise
lawful turn; or
(b) As may be necessary in an emergency or in
compliance with directions of a police officer.
(2) A driver of any motor vehicle who shall drive his vehicle
into a bicycle pathway in accordance with one (1) of the exceptions
provided above in subsection (1) shall operate his motor vehicle with
such degree of skill and care as is necessary to avoid colliding with
any person or object within the bicycle pathway."
(57) Subsections (a) through (f) of Section 1101(2), concerning speed
limits, are hereby repealed and a new Subsection (a) is added to read as
follows:
"(a) Twenty-five (25) miles per hour on all streets within the
City of Wheat Ridge boundaries unless otherwise posted."
(68) Subsection (4) of Section 1101, concerning speed limits, is
hereby repealed, and reenacted to read as follows:
"(4) The speed limits specified in subsection (2) hereof shall
be considered maximum lawful speed limits and not prima facie
speed limits."
(79) Section 1203, CONCERNING SKI AREAS TO INSTALL SIGNS, IS
HEREBY REPEALED AND REPLACED reserved, is hereby amended to read in its entirety as follows:
"1203. Parking of major vehicles.
(1) It shall be unlawful for any person to park or store, or allow
the parking or storing of, a major vehicle upon any dedicated public
ATTACHMENT 1
street or road, or private drive, street or road, or public right-of-way or
easement or park within the City of Wheat Ridge, except as
hereinafter specified.
(2) For the purposes of this section 1203, "major vehicle" is
defined as any vehicle:
(a) Eight (8) feet or more in width, and/or
(b) Twenty-five (25) feet or more in length, or
(c) Regardless of size, a truck tractor or semi-trailer, or
(d) Any vehicle licensed in the State of Colorado or
required to be licensed by the Colorado Department of
Motor Vehicles in Colorado, or, if not a Colorado
vehicle, which would otherwise be required to be
licensed by the Department of Motor Vehicles in Colorado under any of the categories COMM, GTM,
Metro, apportioned, or farm.
(3) Notwithstanding the foregoing provisions, the following
exceptions apply to the provisions of this section 1203:
(a) Any major vehicle in immediate and active use, or in the process of actively being loaded or unloaded;
(b) Fire trucks, ambulances, emergency rescue
vehicles, tow trucks, and other emergency vehicles in use;
(c) Passenger buses or vehicles owned or operated by
regulated or governmental or quasi-governmental corporations or entities or agencies or public or private
schools and/or churches; provided, that said buses or
vehicles are parked on the property owned by the
governmental or quasi-governmental corporation or entity or
agency, or church or school;
(d) Motor homes or recreational vehicles if parked or
stored upon the property of the owner, or if said vehicles are owned by one other than the property owner where parked, if
said motor vehicles or recreational vehicles are stored or
parked on said private property with the knowledge and
consent of the property owner; provided that no more than
two (2) such vehicles are stored on any such lot or parcel at any one (1) time, and said vehicle is parked six (6) feet or more
ATTACHMENT 1
inside the front property line; except that, for the purpose of
allowing the loading or unloading of any motor home or
recreational vehicle, such motor home or recreational vehicle may be lawfully parked on a public street directly in front of
the property of the owner of the vehicle, or directly in front of
the property of the person or persons being visited by the
owner or operator of the vehicle, for a maximum period of
seventy-two (72) hours, no more frequently than once in each two-week period;
(e) Passenger or other vans or pickup trucks bearing
COMM, Metro, or farm license plates if the vehicle in question
is used by the owner as a personal transportation vehicle
when the same is not being utilized for business or commercial purposes;
(f) Any major vehicle parked in or upon property upon
which a special use permit is granted authorizing the parking
of commercial semitrailers and trailers pursuant to the zoning
ordinance;
(g) Any equipment, implements, machinery, and/or
large trucks, trailers and/or semi-tractor trailers authorized
pursuant to the zoning ordinance;
(h) Any major vehicle parked or stored upon property
wherein the use or storage of said major vehicle is related to the transportation needs of the business conducted on such
property;
(i) No provision of section 1203 of this code shall apply
upon state highways within this municipality.
(4) Enforcement. Notwithstanding any other provisions of this
Model Traffic Code or of the Wheat Ridge City Code, any major
vehicle as defined herein which is parked or stored in violation of the provisions of section 1203 of this code shall be subject to being
towed and stored, at the owner's sole expense, by a towing
contractor selected by the chief of police of the City of Wheat Ridge.
The towing of illegally parked vehicles is necessary to ensure traffic
and pedestrian safety by removing the view impediment created by the illegally parked major vehicles. In addition to the right to tow said
illegally parked major vehicles, authority is granted to impose
administrative charges upon the owner or operator of said illegally
ATTACHMENT 1
parked vehicle, or the owner of property allowing or permitting such
illegal parking, subject to the following requirements:
(a) To defray the cost of enforcement of this provision, a charge of one hundred fifty dollars ($150.00);
(b) Any person subjected to said administrative
charges who objects thereto shall be entitled to either:
1. Request a hearing before the municipal court
referee appointed pursuant to Section 14-10 of the Wheat Ridge Code of Laws, which hearing shall be held
no less than seventy-two (72) hours after the making
of said request; or
12. Have a summons and complaint issued
directing such person to appear in the Wheat Ridge Municipal Court to answer charges of violating section
1203 of this code. If found guilty in the Wheat Ridge
Municipal Court of such charges or if a guilty plea is
entered, the court shall impose a fine as specified in
subsection 1203(4)(a) herein.
(c) No vehicle shall be released from storage after
towing unless and until all towing and storage charges have
been paid, and all administrative charges specified in this
section 1203 have been paid, or evidence is presented by the
Wheat Ridge Police Department in the municipal court that the rights granted under section 1203(4)(b)(2) of this code
have been invoked. In the event any towing is found to be
improper all costs for towing and storage shall be reimbursed
by the city to the owner."
(810) Section 1204, concerning stopping, standing, or parking in
specified places, is hereby amended by the addition of a new subsection
1204(1)(l) to read as follows:
"(l) Within designated and marked emergency access lanes
so as to obstruct such access lanes anywhere within the
municipality of the City of Wheat Ridge, whether upon public or
private property, except emergency vehicles (i.e., police cars, fire
department vehicles, ambulances, EMT vehicles, etc.) during the answering of an emergency call."
ATTACHMENT 1
(911) Section 1208, concerning parking privileges for persons with
disabilities, is hereby amended by deleting Subsection (7) and amending
the language of subsections (5) and (6) to read as follows:
"(5) No person shall stop, stand or park a vehicle, except when
necessary to avoid conflict with other traffic or in compliance with
directions of a police officer, in a zone that is designated as a
handicapped parking area in a manner which obstructs or may
obstruct the use of the designated handicapped parking area by a vehicle with distinguishing license plates or by a vehicle with an
identifying placard indicating that the occupant of said vehicle is a
person with a disability as defined herein unless the vehicle has a
distinguishing license plate or an identifying placard indicating that
the occupant of said vehicle is a person with a disability.
(6) (a) A person who does not have a disability and who
exercises the privilege defined in subsection (2) of this section or
who violates subsection (5) or (10) of this section commits a class
B traffic infraction punishable by a fine of two hundred twenty-five
dollars ($225.00).
(b) A person who violates this subsection (6) by parking a
vehicle owned by a commercial carrier, as defined in section 42-1-
102(17), shall be subject to a fine of up to twice the penalty imposed
in paragraph (a) of this subsection (6).
(7) A person who does not have a disability and who uses an identifying license plate or placard in order to receive the benefits or
privileges available to a person with a disability under this section
commits a misdemeanor punishable by a fine of two hundred
twenty-five dollars ($225.00).
(8) (a) A peace officer or authorized parking enforcement
official may check the identification of any person using an
identifying license plate or placard in order to determine whether such use is authorized."
(102) Section 1407, concerning spilling loads on highways is
amended to read as follows:
"1407. Spilling loads on streets or highways prohibited.
(1) No vehicle shall be driven or moved on any street or highway unless such vehicle is constructed or loaded or the load
thereof securely covered to prevent any of its load from dropping,
sifting, leaking or otherwise escaping therefrom; except that sand
ATTACHMENT 1
may be dropped for the purpose of securing traction, or water or
other substance may be sprinkled on a roadway in cleaning or
maintaining such roadway.
(2) Violation of this section constitutes a traffic infraction. In
the event that a vehicle unlawfully spills its load on public property,
the driver and/or owner of such vehicle shall be liable to the city for
any damages caused by such spill. In addition, if city employees
must take any action in removal or mitigation of such a spill, the driver and/or owner shall also reimburse the city or its employees'
removal or mitigation efforts at the rate of one hundred dollars
($100.00) for any response lasting less than one (1) hour."
(113) Part 14, concerning other offenses, is hereby amended by the
addition of a new section 14176 to read in its entirety as follows:
"14176. Driving through private property or driveways.
(1) It is unlawful for any person to drive from a public street or
public way of this city over, across or through any private driveway
to avoid traffic-control signals, stop signs or other traffic-control
devices or as a route or shortcut from one (1) public street or public way to another.
(2) As used in subsection (1) of this section, 'private property'
includes, but is not limited to, any property not dedicated as a public
street or public way, alley, right-of-way, or easement.
(3) It shall be an affirmative defense to a charge of violating subsection (1) that the person charged is the owner of or has a
leasehold interest in or an easement on or the right to the possession
or use of the property or driveway through or across which the motor
vehicle is driven."
(124) Part 14, concerning other offenses, is hereby amended by the
addition of a new section 14187 to read in its entirety as follows:
"14187. Traffic Violations Committed in Certain Zones
(1) Any person who commits a moving traffic violation in a
school, maintenance, repair, or construction zone, which zone has
been marked or posted as such, is subject to double the amount of
penalty and surcharge imposed. For the purposes of this section,
"school zone" means an area that is designated as a school zone with signs posted on the public right-of-way. If the penalty and
surcharge has been doubled because a violation occurred within a
ATTACHMENT 1
highway maintenance, repair, or construction zone which was also a
designated school zone, the penalty and surcharge shall not be
doubled twice."
(135) Section 1701, concerning the classification of traffic offenses
and schedule of fines, is hereby amended to read in its entirety as follows:
"1701. Traffic offenses and infractions classified - penalties -
penalty and surcharge schedule.
(1) Except as specifically set forth in this Section 1701, it is a traffic infraction for any person to violate any of the provisions of this
code. Any designation or classification of a violation in any other
section of this code is inapplicable and expressly superseded by this
Section 1701. Traffic infractions shall constitute civil matters. The
Colorado Rules of Municipal Procedure shall apply to traffic infraction proceedings, except that no warrant for arrest shall be
issued for the defendant's failure to appear when the only violation
charged would constitute a noncriminal traffic infraction and the
defendant's driver's license is issued by the State of Colorado or any
other state which participates in the Interstate Nonresident Violator Compact, as codified at C.R.S. § 24-60-2101. Instead, the court may
enter a judgment of liability by default against the defendant for
failure to appear, assess any penalty and costs established by law
and report the judgment to the appropriate state motor vehicle
department which may assess points against the defendant's driver's license and may take appropriate action to ensure that the
judgment is satisfied. There is no right to a trial by jury for any
noncriminal traffic infraction.
(2) The following violations constitute criminal traffic
offenses:
(a) A violation of section 1101 involving driving twenty-
five (25) or more miles in excess of the lawful speed limit.
(b) A violation of section 1101(8)(a) involving driving
twenty-five (25) miles or more in excess of the speed
limit on any interstate highway.
(c) Violations of sections 1105 (speed contests), 1401 (reckless driving), 1402 (careless driving), 1409 (failure
to show compulsory insurance), 1413 (eluding a police
officer), 1703 (aiding and abetting a traffic offense)
ATTACHMENT 1
and 1903 (failing to stop for a school bus) of the Model
Traffic Code, as amended.
(3) Notwithstanding any other provision of this code to the contrary, traffic infractions as provided in this code shall be subject
to the following maximum penalty: a fine of $2,650.001,000.00.
Court costs as authorized by state and local law shall be added to
the fine.
(4) Notwithstanding any other provision of this code to the contrary, criminal traffic offenses as provided in this code shall be
subject to the following maximum penalties: 1 year imprisonment or
fine of $2,650.001,000.00 or both. Court costs as authorized by state
and local law shall be added to any penalty imposed.
(146) Section 1709, concerning penalty assessment notices, is amended by the addition of new subsections (86) and (97) to read in their
entirety as follows:
"(86) Payment of a penalty assessment notice by the person
to whom the notice is tendered shall constitute an acknowledgment
of guilt by such person of his or her violation of the offense stated in such notice.
(97) Payment of the prescribed fine shall be deemed a
complete satisfaction for the violation, and the city, upon accepting
the prescribed fine, shall issue a receipt to the violator
acknowledging payment thereof if requested. Checks tendered and accepted and on which payment is received shall be deemed
sufficient receipt."
(157) Part 17, concerning penalties and procedure, is hereby
amended by the addition of a new section 1718 to read in its entirety as
follows:
"1718. Penalty - Compulsory insurance.
(1) Notwithstanding the provisions of Section 1701 of this Code, any person who violates section 1409 of this Code shall be
punished by a minimum mandatory fine of not less than five hundred
dollars ($500.00). The court may suspend up to one half of the fine
upon a showing that appropriate insurance as required by law has
been obtained. Nothing herein shall be construed to prevent the court from imposing a fine greater than the minimum mandatory
fine.
ATTACHMENT 1
(2) Notwithstanding the provisions of Section 1701 of this
Code, upon a second or subsequent conviction under section 1409
of this Code within a period of five years following a prior conviction under said section 1409, in addition to any imprisonment imposed,
the defendant shall be punished by a minimum mandatory fine of not
less than one thousand dollars ($1,000.00). The court may suspend
up to one half of the fine upon a showing that appropriate insurance
as required by law has been obtained.
(3) SUBJECT TO THE LIMITATIONS OF SECTION 1409(9) OF
THIS CODE Ffifty percent of all fines collected pursuant to this
Section 1718 shall be deposited in the Hotel/Motel Fund to be used
for community policing and crime prevention projects and purposes.
The remaining fifty percent shall be deposited in the General Fund."
(168) Part 18, concerning vehicles abandoned on public property, is
deleted in its entirety.
(c) Purpose; rules of interpretation. This section shall be so
interpreted and construed as to effectuate its general purpose to make
uniform the local traffic regulations contained herein. The purpose of this section and the code adopted herein is to provide a system of traffic
regulations consistent with state law and generally conforming to similar
regulations throughout the state and nation. Article and section headings
of this section and adopted Model Traffic Code shall not be deemed to
govern, limit, modify or in any manner affect the scope, meaning or extent of the provisions of any article or section thereof.
(d) Application. The provisions of the adopted Model Traffic Code, as
amended, shall apply to every street, alley, sidewalk area, driveway, park,
and to every other public way or public parking area, either within or outside
the corporate limits of this city, the use of which this city has jurisdiction
and authority to regulate. The provisions of sections 606, 1204, 1208, 1211,
1401, 1402, 1409 and 1413, of the adopted Model Traffic Code, respectively, concerning unauthorized devices, parking, parking for persons with
disabilities, limitations on backing, reckless driving, careless driving, failing
to show compulsory insurance and eluding an officer shall apply not only to
public places and ways, but also throughout this city.
(e) Penalties. Except as otherwise provided in sections 13-6(b) and (d), aAny person convicted of any violation of the provisions of this chapter
shall be subject to penalties as set forth in section 1701 of the Model Traffic
Code, as amended.
ATTACHMENT 1
Section 2. Section 13-4 of the Code, concerning incorrect registration of motor
vehicles, is hereby repealed, and designated as reserved as follows:
Sec. 13-4. - Incorrect registration of a motor vehicle. RESERVED.
(a) Definitions. In this section:
(1) City treasurer shall mean the elected treasurer of the city or his
designee.
(2) Penalty assessment notice means the written notice of the city treasurer's determination that a violation of C.R.S. § 42-6-137(2), has
occurred and assessment and demand for the payment of the civil penalty
provided for in subsection (3) of this section.
(3) Notice of deficiency means the notice issued by the city treasurer
pursuant to section 22-43 of this Code for failure, neglect or refusal to pay any sales or use tax due or any penalties or interest thereon.
(b) Registration in violation of state law prohibited. No person shall
register a motor vehicle in violation of the provisions of C.R.S. § 42-6-
137(2).
(c) Penalty; procedure for assessment. A person who registers a motor vehicle in violation of the provisions of C.R.S. section 42-6-137(2),
shall be subject to a five hundred dollar ($500.00) civil penalty pursuant to
the authority granted in C.R.S. § 42-6-137(4). The procedure for the
assessment of such civil penalty shall be as follows:
(1) When the city treasurer determines on such information as is available that a person has registered a motor vehicle in violation of the
provisions of C.R.S. § 42-6-137(2), the city treasurer shall provide to such
person a penalty assessment notice. If the city treasurer also has
determined pursuant to section 22-43 of this Code that sales or use tax as
is due to the city on such motor vehicle, such penalty assessment notice
shall be included in the notice of deficiency.
(2) Such person shall pay such civil penalty within the same period provided pursuant to section 22-43 for payment of any amounts due
pursuant to the notice of deficiency unless such person files a written
protest pursuant to paragraph (3) of this subsection.
(3) If such person desires to protest the penalty assessment notice,
such person shall file a written protest with the city treasurer within the period time provided pursuant to section 22-43 for protesting a notice of
deficiency. The protest shall set forth the facts which show that a violation
ATTACHMENT 1
of C.R.S. § 42-6-137(2), did not occur. The city treasurer shall issue a written
decision affirming or withdrawing such penalty assessment notice within
the same time period and in the same manner as provided pursuant to section 22-43 on a protest on a notice of deficiency. If the decision
affirms the penalty assessment notice, such persons shall pay such civil
penalty within the time period provided for payment of a final assessment
pursuant to section 22-43.
(4) Such person may seek judicial review of the city treasurer's decision pursuant to C.R.C.P. 106(a)(4). No such judicial review shall be
available if a written protest was not timely filed in the manner provided for
in paragraph (3) above.
(5) The city treasurer may enforce collection of the civil penalty
provided for in this subsection (c) in the manner provided in section 22-43 of the Wheat Ridge City Code for the collection of unpaid sales or use
taxes, penalties, or interest.
(d) Violation and penalty. Any person violating any of the provisions
of this section shall be subject, upon conviction of said violation, to a fine
not to exceed nine hundred ninety-nine dollars ($999.00). In addition, nothing in this section shall be deemed to preclude the collection of any tax
or fee or penalties or interest thereon provided by law, or the imposition of
any other civil or criminal penalty provided by law. Authority is specifically
granted to the court to impose both a criminal fine and a civil penalty for
violation of the provisions hereof.
Section 3. Section 13-6(d) of the Code, safety standards and specifications for
commercial vehicles, is hereby amended to read as follows:
Sec. 13-6. - Safety standards and specifications.
(a) Adopted. The "Rules and Regulations Governing the Safety Standards
and Specifications of All Commercial Vehicles," as promulgated by the
Colorado Department of Public Safety, and as the same may be amended
from time to time, are hereby adopted. Copies of said rules and regulations are available for inspection at the office of the city clerk.
(b) Penalties. Any person, firm or corporation violating any of the provisions
of subsection (a) of this section or Part 5 of the Model Traffic Code for
Colorado Municipalities, as amended, upon a plea of guilty or no contest, or
upon a conviction thereof, shall be fined in a sum not to exceed nine hundred ninety-nine dollars ($999.00) for each violation. In the alternative,
any person, firm, or corporation violating any of the provisions of subsection
(a) of this section or Part 5 of the Model Traffic Code, as amended, may be
fined a penalty assessment fine of seventy-five dollars ($75.00) for each
ATTACHMENT 1
violation. Each and every day which a violation is permitted to exist shall
constitute a separate and distinct offense. The penalties herein shall not
preclude the city from initiating any other action to abate or prevent the occurrence of any violation of the provisions specified in this section.
(c) Immobilization. Police officers are hereby authorized to immobilize, impound or otherwise direct the disposition of commercial vehicles when it
is determined that the motor vehicle or operation thereof is unsafe and
when such immobilization, impoundment or disposition is appropriate under the "Rules and Regulations Governing the Safety Standards and
Specifications of All Commercial Vehicles," as promulgated by the Colorado Department of Safety, and as the same may be amended from time to time.
(d) Excess weight—Penalty assessment. Any person who pleads guilty or is
convicted of violating the weight limitations of either section 507 or section 508 of the Model Traffic Code, as amended, shall be subject to the penalties
AS SET FORTH IN SECTION 1701 OF THE MODEL TRAFFIC CODE, AS
AMENDED. of subsection (b) of this section and for each axle and/or gross
weight violation an additional penalty assessment fine according to the
following schedule:
Section 4. 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 5. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this
13th day of January 2025, ordered published by title in full in on the City’s website as
provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for January 27, 2025, at 6:30 p.m., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of ___ to ___, this 27th day of January 2025.
SIGNED by the Mayor on this _____ day of ____________, 2025.
ATTEST: Bud Starker, Mayor
Margy Greer, Sr. Deputy City Clerk
ATTACHMENT 1
Approved as to Form:
Gerald E. Dahl, City Attorney
First Publication: January 14, 2025
Second Publication: January 28, 2025
Effective Date: February 12, 2025
Published: Jeffco Transcript and www.ci.wheatridge.co.us
ITEM NUMBER: 4
DATE: January 27, 2025
REQUEST FOR CITY COUNCIL ACTION
COUNCIL BILL NO. 04-2025
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF
LAWS TO INCLUDE POLICE RECRUITS AS PARTICIPANTS IN
THE CITY’S POLICE PENSION PLAN
☒PUBLIC HEARING ☐BIDS/MOTIONS ☐RESOLUTIONS
☐ORDINANCES FOR 1st READING
☒ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
Per the Wheat Ridge Code of Laws, membership in the police pension plan does not
currently extend to recruits entering the academy. Recruits are therefore placed in the
civilian plan for approximately six months, then enrolled in the sworn plan. This is
administratively burdensome for staff and challenging for recruits. This ordinance amends the code to allow recruits to enroll immediately into the police pension plan.
PRIOR ACTION:
City Council last amended the code relating to police pension in 2019. City Council
approved this ordinance on first reading on January 13, 2025. A motion was made by Councilmember Ohm and seconded by Councilmember Hoppe and was approved by a
vote of 8 to 0.
FINANCIAL IMPACT:
There is very little financial impact to enrolling recruits in the police pension plan. While
the City will contribute a greater amount (12.5% versus 6%), the City will not pay social
security (6.2%) for police recruits once this change is effective.
BACKGROUND:
Sec. 19.51-55 of the Wheat Ridge Code of Laws speaks to the police pension. Currently,
plan members are described as “full-time, paid, sworn police officers of the police department of the city.” Police recruits (employees hired to enter the police academy
with the express purpose of becoming Wheat Ridge police officers) are not sworn employees, therefore are not eligible to participate in the sworn plan. Recruits are
Council Action Form – Police Pension Membership Change
January 27, 2025
Page 2
instead placed in the civilian 401(a) plan. Once they complete the academy and are
POST certified, they are enrolled in the sworn plan. They have to maintain their civilian
401(a) plan concurrently, so as not to lose out on the city’s contribution for the first six months of their employment, for at least five years. After five years, once they are fully
vested, they can “roll” their funds into their sworn 401(a) account. This is administratively burdensome and convoluted and requires recruits to do additional work
to manage their retirement portfolios.
This simple code change allows recruits to be placed into the sworn 401(a) plan upon
hire. RECOMMENDATIONS:
Staff recommends approval of the ordinance.
RECOMMENDED MOTION:
“I move to approve Council Bill No. 04-2025, an ordinance amending the Wheat Ridge
Code of Laws to include police recruits as participants in the city’s police pension plan on second reading, and that it take effect 15 days after final publication.”
Or,
“I move to postpone indefinitely Council Bill No. 04-2025, an ordinance amending the Wheat Ridge Code of Laws to include police recruits as participants in the city’s police
pension plan, for the following reason(s) _________________.”
REPORT PREPARED/REVIEWED BY:
Gerald Dahl, City Attorney
Allison Scheck, Administrative Services Director
Patrick Goff, City Manager
ATTACHMENTS: 1. Council Bill 04-2025
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER OHM
Council Bill No. 04
Ordinance No. 1817
Series 2025
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF
LAWS TO INCLUDE POLICE RECRUITS AS PARTICIPANTS IN
THE CITY’S POLICE PENSION PLAN
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 adopted a pension plan for officers of the police department; and
WHEREAS, the Council wishes to include police recruits as eligible to participate
in said plan.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1. Section 19-51(a) of the Code of Laws, establishing the police fund, is amended to read:
Sec. 19-51. Establishment.
(a) There is hereby established the Wheat Ride Police Pension Fund, the purpose of which is to provide retirement benefits for members of the city police department. Members of the plan are defined as full time, paid, sworn police officers AND POLICE RECRUITS of the police
department of the city.
Section 2. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 13th day of January, 2025, 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, January 27, 2025, at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
ATTACHMENT 1
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 27th day of January 2025.
SIGNED by the Mayor on this _____ day of ____________, 2025.
ATTEST:
Margy Greer, Senior Deputy City Clerk
Bud Starker, Mayor
Approved as to Form:
Gerald E. Dahl, City Attorney
First Publication: January 14, 2025
Second Publication: January 28, 2025
Effective Date: February 12, 2025
Published:
Jeffco Transcript and www.ci.wheatridge.co.us
ITEM NUMBER: 5
DATE: January 27, 2025
REQUEST FOR CITY COUNCIL ACTION
RESOLUTION 06-2025
TITLE: A RESOLUTION AMENDING THE BYLAWS OF THE
INCLUSION, DIVERSITY, EQUITY AND ACCESSIBILITY (IDEA)
COMMITTEE AND SUSTAINABLE WHEAT RIDGE
COMMITTEE TO CONFORM TERM DATES WITH OTHER
BOARDS, COMMISSIONS AND COMMITTEES
☐PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS
☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
This Resolution amends the Bylaws for the IDEA and Sustainable Wheat Ridge Committees, so their term dates conform with other Boards, Commission, and Committees. The only Commission which does not conform is the Election Commission,
as its membership terms are set by the Home Rule Charter.
PRIOR ACTION:
On February 26, 2024, Resolution No. 08-2024 was adopted by City Council. That resolution adopted Bylaws for the Boards, Commissions and Committees, except for the Election Commission.
FINANCIAL IMPACT:
There is no financial impact to the City of Wheat Ridge.
BACKGROUND:
The City of Wheat Ridge is authorized by the home rule charter to create boards and
commissions and to provide for the membership thereof. Code of Laws Section 2-54(e)
requires Council approval of all board and commission rules of procedure.
The Bylaws adopted by City Council on February 26, 2024, specified terms begin on March 1 and end on February 28. Regular boards and commission term dates expire
March 2 each year, meaning that new terms begin on March 3. Staff recommends
removing the term dates from the IDEA and Sustainable Wheat Ridge committee bylaws
Board, Commission and Committee Term Dates January 27, 2025
Page 2
so that staff can align the end dates with other boards and commissions to bring
consistency to the appointment process and to ensure there are no gaps in service.
For clarity, and to ease confusion, the reader is invited to review the second attachment
– Excerpts from Bylaws – and notice that simply the beginning term date of March 1
and ending term date of February 28 are removed from the IDEA and Sustainable Wheat Ridge committee bylaws.
RECOMMENDATIONS:
Staff is recommending this amendment to the Bylaws so that term ending dates for Boards, Commissions and Committees are uniform. RECOMMENDED MOTION:
“I move to approve Resolution 06-2025, a Resolution amending the bylaws of the
Inclusion, Diversity, Equity and Accessibility (IDEA) Committee and Sustainable Wheat
Ridge Committee to conform term dates with other boards, commissions and
committees.”
Or,
“I move to postpone indefinitely Resolution 06-2025, a resolution amending the bylaws
of the IDEA and Sustainable Wheat Ridge Committees for the following reason(s).”
REPORT PREPARED/REVIEWED BY:
Margy Greer, Sr. Deputy City Clerk
Gerald Dahl, City Attorney
Allison Scheck, Deputy City Manager Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution 06-2025
2. Redline Version – Excerpts from Bylaws
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 06
SERIES OF 2025
TITLE: A RESOLUTION AMENDING THE BYLAWS OF THE
INCLUSION, DIVERSITY, EQUITY AND ACCESSIBILITY (IDEA)
COMMITTEE AND SUSTAINABLE WHEAT RIDGE COMMITTEE TO
CONFORM TERM DATES WITH OTHER BOARDS, COMMISSIONS
AND COMMITTEES
WHEREAS, on February 26, 2024, City Council adopted Resolution No. 08-2024
which provided for adoption of Bylaws of several of the City’s public bodies; and
WHEREAS, board and commission term dates have been established to begin on
March 3 and end on March 2 of each term; and
WHEREAS, Bylaws for the IDEA and Sustainable Wheat Ridge committees were adopted with terms to begin on March 1 and end on February 28 of each term; and
WHEREAS, City Council wishes to have the public bodies’ Bylaws regarding term
dates be uniform.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO THAT:
Section 1. Article IV, Item 6, of the IDEA Committee’s Bylaws shall be amended
to read as follows:
6. Members to the Committee shall serve three (3) year terms.
Section 2. Article IV, Item 6, of the Sustainable Wheat Ridge Bylaws shall be
amended to read as follows:
6. Members to the Committee shall serve three (3) year terms
Section 3. Article V, Item 1, of the Sustainable Wheat Ridge Bylaws shall be amended to read as follows:
1. Each year beginning upon their appointment:
a. Members shall participate in at least three (3) community engagement
events.
b. Members shall participate in at least one (1) sub-topic committee or
project.
DONE AND RESOLVED this 27th day of January 2025
[SEAL]
ATTEST:
Margy Greer, Sr. Deputy City Clerk
Bud Starker, Mayor
PROPOSED AMENDMENTS TO COMMITTEE BYLAWS
Excerpts from Committee Bylaws…
IDEA COMMITTEE BYLAWS:
ARTICLE IV. Item 6. Members to the Committee shall serve three (3) year terms. beginning on March
1st of each year.
SUSTAINABLE WHEAT RIDGE BYLAWS:
ARTICLE IV. Item 6. Members to the Committee shall serve three (3) year terms. beginning on March
1st of each year.
ARTICLE V. Item 1. beginning on March 1st and ending on February 28th of EACH YEAR BEGINNING
UPON THEIR APPOINTMENT:
a. Members shall participate in at least three (3) community engagement events.
b. Members shall participate in at least one (1) sub-topic committee or project.
ITEM NUMBER: 6
DATE: January 27, 2025
REQUEST FOR CITY COUNCIL ACTION
RESOLUTION 07-2025
TITLE: A RESOLUTION APPROVING THE AMENDMENT AND
RESTATEMENT OF THE CITY OF WHEAT RIDGE POLICE
PENSION FUND PLAN ADOPTION AGREEMENT
☐PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS
☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
The City provides a 401(a)-retirement benefit to sworn and civilian employees. This
resolution proposes two changes to the sworn pension plan. First, it increases the City’s
contribution by one half percent to 12.5%. Second, it reduces the normal retirement age
for sworn employees from 55 to 50 years old, the IRS minimum for public safety employees.
PRIOR ACTION:
From time to time, City Council approves amendments to the sworn retirement Plan
Adoption Agreement as required in Sec. 19-52 of the City’s Code of Laws.
FINANCIAL IMPACT:
The financial impact to the 0.5% increase in the City’s contribution to sworn employees
is approximately $45,000. This amount was not budgeted in 2025, however will be
offset over the course by the release of approximately $120,000 in forfeitures from the plan. These forfeitures are portions of the City’s contributions to employees who left
employment with Wheat Ridge prior to being fully vested. These funds will be used to
offset the employer contribution, leaving a small amount for the Police Pension Board
to use for administrative costs of the plan.
There is no direct financial impact to the City by reducing the normal retirement age for sworn police members to 50 years old.
BACKGROUND:
The Police Pension is governed by a board as defined by Sec. 19-52(b) of the City’s
Council Action Form – Police Pension Amendments January 27, 2025
Page 2
Code of Laws: “The police pension board shall serve as trustee for the plan hereby
created. The members of the police pension board shall be the mayor, the city treasurer,
the city clerk, the chief of police, and three (3) members of the plan as defined herein,
which members of the plan shall be elected by the membership of the plan.”
The Police Pension Board approached City leadership about increasing the employer contribution to remain competitive with surrounding jurisdictions. Staff evaluated the
request and determined that it would be in the City’s best interest to increase the
employer contribution in order to remain competitive in the Denver Metro/Boulder
market for sworn employees.
The Police Pension Board also recommended that the normal retirement age (NRA) for sworn employees be reduced to 50 years old to align with the IRS minimum for public
safety employees. Staff evaluated this request, and determined it is common for public
safety employees to retire earlier than other types of employees in public service
because of the nature of their jobs and that due to changes to recent IRS guidelines,
public safety employees can now access retirement funds beginning at age 50 without penalty. Staff also learned that by reducing the normal retirement age, it gives officers
approaching retirement opportunities to save more for retirement, because by lowering
the NRA, officers can take advantage of tax free “catchup” provisions at a younger age.
RECOMMENDATIONS:
Staff recommends approval of this Resolution.
RECOMMENDED MOTION:
“I move to approve Resolution 07-2025, a Resolution approving the Amendment and
Restatement of the City of Wheat Ridge Police Pension Fund Plan Adoption Agreement.”
Or,
“I move to postpone indefinitely Resolution 07-2025, a resolution approving the
Amendment and Restatement of the City of Wheat Ridge Police Pension Fund Plan
Adoption Agreement for the following reason(s).”
REPORT PREPARED/REVIEWED BY:
Carli Seeba, Manager of People and Culture
Allison Scheck, Deputy City Manager Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution 07-2025
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 07
SERIES OF 2025
TITLE: A RESOLUTION APPROVING THE AMENDMENT AND
RESTATEMENT OF THE CITY OF WHEAT RIDGE POLICE PENSION
FUND PLAN ADOPTION AGREEMENT
WHEREAS, Chapter 19, Article III of the Wheat Ridge Code of Laws provides for the
Wheat Ridge Police Pension Fund; and
WHEREAS, the current Plan Adoption Agreement specifies a normal retirement
age of 55 and the employer contribution amount of twelve percent (12%); and
WHEREAS, City Council desires to attract and retain qualified employees to serve
as sworn members of the Police Department and therefore remain competitive with
retirement benefits offered; and
WHEREAS, per Sec. 19-52 (e), City Council shall approve changes to the Plan
Adoption Agreement by Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1. The Wheat Ridge Police Pension Fund Plan Adoption Agreement shall be amended to increase the employer contribution by one half percent (from 12% to
12.5%) as soon as is administratively feasible.
Section 2. The Wheat Ridge Police Pension Fund Plan Adoption Agreement
shall be amended to reduce the normal retirement age from 55 years old to 50 years old.
DONE AND RESOLVED this 27th day of January 2025
[SEAL]
ATTEST:
Margy Greer, Sr. Deputy City Clerk
Bud Starker, Mayor