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HomeMy WebLinkAboutCity Council Agenda Packet 03/25/20136:45 p.m. Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING March 25, 2013 7:00p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Administrative Services Director, at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF March 11, 2013 PROCLAMATIONS AND CEREMONIES Child Abuse Prevention Month CITIZENS' RIGHT TO SPEAK a. Citizens , who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill No . 03-2013-amending the Cable Television Franchise Agreement between the City of Wheat Ridge , Colorado and Comcast of Colorado IV, LLC, to extend the term of the Franchise 2. Council Bill No. 04-2013 -approving the rezoning of property located at 12390 W. 44th Ave. from Agricultural-Two (A-2) to Mixed Use-Neighborhood (MU-N) (Case No . WZ 12- 11/Frisk) ~ Resolution 11-2013-approving a two-lot subdivision plat with a Right-Of-Way dedication for property zoned Agricultural-One (A-1) located at 4900 Robb St. (Case No . MS-13-01/Hawn) CITY COUNCIL AGENDA: March 25, 2013 Page -2- ORDINANCES ON FIRST READING 4. Council Bill 07-2013 -An Ordinance extending a Temporary Moratorium on the submission, acceptance, processing, and approval of applications for a permit or license for any Marijuana Establishment or Marijuana Club DECISIONS, RESOLUTIONS AND MOTIONS 5. Resolution No. 12-2013 -approving a fourth modification to the 38th Ave . Corridor Redevelopment Plan 6 . Motion to approve award of RFB-13-12 , for purchase of 38th Ave . Banner Poles , to Wesco Distribution , Denver, CO, in the contract amount of $36,580 7 . Motion to approve the annual support and licensing renewal for the Cartegraph System in the amount of $43,653 to Cartegraph, Inc. 8 . Motion to approve the purchase of the 2013 Vehicle Replacements and Accessory Equipment in an amount not to exceed $167 ,361 CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURN to Executive Session 1. Legal advice on regulation of massage parlors and massage therapists CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING March 11. 2013 Mayor DiTullio called the Regular City Council Meeting to order at 7 :00 p.m. ROLL CALL OF MEMBERS Joyce Jay Mike Stites Joseph DeMott George Pond Kristi Davis Absent: Davis Re inhart, Bud Starker, and Tracy Langworthy Clerk Shaver reported that Councilmembers Reinhart , Davis and Langworthy are in Washington D.C . attending the National League of Cities Conference . Also present: City Clerk , Janelle Shaver; City Attorney , Gerald Dahl ; Police Chief, Daniel Brennan; Administrative Services Director, Heather Geyer; Community Development Director, Ken Johnstone; and interested citizens. APPROVAL OF MINUTES OF February 28, 2013 Motion by Mr. Stites for approval of the Minutes of February 28, 2013 ; seconded by Mr. DeMott; carried 5-0. CITIZENS' RIGHT TO SPEAK none APPROVAL OF THE AGENDA .L CONSENT AGENDA a . Motion to approve payment to All Copy Productions , Inc. in an amount not to exceed $70 ,000 for the second year of the multi-function cop ier lease . b . Motion to approve additional engineering services from Martin and Martin Consulting Engineers for the 32"d Ave . Widening Project in the amount of $90,850 . c. Motion to award the RFQ-JN -13-09 COOT Inspection Coordinator Contract with Vision Land Consultants, Inc., for the 32"d Ave. Widening Project in the not-to-exceed amount of $45 ,590 , and to approve a contingency amount of $27 ,000. City Council Minutes March 11, 2013 Page2 d. Motion to amend the RFQ-JN-12-24 Kipling Trail Design Contract to Bohannan Huston, Englewood, CO in the total amount of $168,000 and that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $405,533 .02 Ms . Davis introduced the Consent Agenda. Motion by Ms . Davis to approve the consent agenda; seconded by Mr. Stites; carried 5-0 EMERGENCY ORDINANCE 2 . Council Bill 06-2013 -An Ordinance imposing a temporary moratorium on the submission , acceptance , processing, and approval of applications for a permit or license for any marijuana establishment or marijuana club and declaring an emergency Mr. Stites introduced Council Bill 06-2013 . City Clerk Shaver assigned Ordinance No . 1533 Motion by Mr. Stites to approve Council Bill No. 06-2013 , an ordinance imposing a temporary moratorium on the submission, acceptance, processing, and approval of applications for a permit or license for any marijuana establishment or marijuana club and declaring an emergency ; seconded by Mrs. Jay; carried 5-0. ORDINANCES ON FIRST READING 3. Council Bill 03-2013-An Ordinance amending the Cable Television Franchise Agreement between the City of Wheat Ridge, Colorado and Comcast of Colorado IV, LLC, to extend the term of the Franchise Mr. Pond introduced Council Bill 03-2013 . The City's cable television franchise expires On April 1, 2013 . Extending the current franchise agreement until December, 2014, while Denver and Aurora go through their negotiations with Comcast, is in the best interest of Wheat Ridge. Motion by Mr. Pond to approve Council Bill No . 04-2013, an ordinance amending the Cable Television Franchise Agreement between the City of Wheat Ridge, Colorado and Com cast of Colorado IV, LLC , to extend the term of the franchise on first reading, order it published, public hearing set for Monday, March 25 at 7 p.m. in City Council Chambers, and that it take effect fifteen days after final publication ; seconded by Mr. Stites; carried 5-0 . City Council Minutes March 11, 2013 Page 3 4. Council Bill 05-2013 -An Ordinance approving the Rezoning of property located at 6700 W. 44th Ave. from Restricted Commercial (RC) to Mixed Use- Neighborhood (MU-N) (Case No. WZ-13-01/Camaros Plus) Mrs. Jay introduced Council Bill 04-2013. The proposed rezoning of these two parcels (1.03 acres) will expand possible uses for the property. The applicant proposes to relocate his automotive restoration business to the east side of the existing building. This use would require review for a Conditional Use Permit (CUP). Other than improvements to fencing and landscaping, no new development is proposed. Motion by Mrs. Jay to approve Council Bill No. 05-2013 an ordinance approving the rezoning of property located at 6700 W. 44th Avenue from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) on first reading, order it published, public hearing set for Monday, April 8, 2013 at 7 p .m. in City Council Chambers, and that it take effect 15 days after final publication; seconded by Mr. DeMott; carried 5-0 . CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS Mr. Dahl wished all a Happy St. Patrick's Day. CITY CLERK'S MATTERS Clerk Shaver wanted the public to know that the Emergency Ordinance tonight on marijuana will go into effect immediately and last until November. All medical marijuana regulations remain in effect; that doesn't change. This moratorium will allow Council the opportunity to see what the state legislature does and watch to see what other cities are doing before we enact our own rules. ELECTED OFFICIALS' MA TIERS Mike Stites shared the sad news of the recent passing of former Councilman Dean Gokey and offered condolences to this family. Dean will be missed , and it was always a pleasure to work with him . -Mr. Stites ' positive thing: He saw a lot of people helping each other with the snow this past weekend. He also knows that some neighbors are chipping in together to purchase one snow blower for the group and sharing it. Joyce Jay reminded folks to the final meeting for the design of the new park at 44th and Kendall. The meeting is this Wednesday, March 13 at 6:30 at the Active Adult Center. This is your final opportunity to give input for the design . Kristi Davis announced that there will be a town meeting for District 1 and 2 residents on the last Monday in April in the City Council Chambers. Folks will be receiving a postcard about it. City Council Minutes March 11 , 2013 Page4 Mayor DiTullio also sends condolences to the Gokey family. The Mayor served with . Dean on the City Council. He said Dean studied his Council packet and was always willing to meet with citizens and business owners about issues; he was always willing to compromise for the best interest of the City. Dean was a friend to Wheat Ridge and will be sorely missed . Meeting adjourned at 7:13 pm APPROVED BY CITY COUNCIL ON March 25 , 2013 BY A VOTE OF __ to __ Davis Reinhart, Mayor pro tern The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e . they conta in a record of what was done at the meeting , not what was said by the members . Recordings and DVD's of the meetings are available for listening or viewing in the C ity Clerk's Office , as well as copies of Ordinances and Resolutions . ~ ~ ~ .. " ~ ~ City of • ?WheatRi_dge ITEM NO: _J_, DATE: March 25 ,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 03-2013 AN ORDINANCE AMENDING THE CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE, COLORADO AND COMCAST OF COLORADO IV, LLC, TO EXTEND THE TERM OF THE FRANCIDSE D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (03/11/2013) [gj ORDINANCES FOR 2 ND READING (03/25/2013) QUASI-JUDICIAL: D YES lti/2&- Administrative Services Director ISSUE: The City of Wheat Ridge 's franchise agreement with Comcast expires on April I , 2013. An extension of the franchise agreement to December 31 , 2014 will allow the Cities of Denver and Aurora to complete their franchise negotiations with Comcast which would be in the best interest of the City of Wheat Ridge. PRIOR ACTION: In 2001 , the Wheat Ridge City Council adopted Ordinance No. 1216 approving the nonexclusive franchise agreement to TCI Cablevision of Colorado Inc. which later became Comcast. FINANCIAL IMPACT: None BACKGROUND: The City of Wheat Ridge is a member of the Colorado Communications and Utilities Alliance (CCUA), fonnally the Greater Metro Telecmmnunications Consortium. The V :\F orms\CAFtemplate Council Action Form March 25 , 2013 Page 2 CCUA formally adopted a model franchise agreement in 1995 and updated it in 1999. The model agreement has been used as the foundation for most of the cable franchises in the Denver metro area, including Wheat Ridge. When the model franchise was finalized in 1999, many local municipalities executed their agreements with local cable providers within a fairly short timeframe. This has resulted in many agreements coming up for renewal at the same time. Currently both Denver and Aurora are in franchise negotiations with Comcast. The expectation was that their negotiations would be completed in time for us to negotiate our franchise before the end of our current agreement. This is not the case; and through our participation in CCUA staffhas determined that extending our current agreement to give more time for Denver and Aurora to complete their negotiations would be in the City 's best interest. Staff is asking for an extension of the current agreement through the end of 2014 . The goal is to begin negotiations with Comcast once they have executed franchise agreements with Denver and Aurora and staff has had a chance to review those documents. RECOMMENDED MOTION: "I move to approve Council Bill No. 03-2013 , an ordinance amending the Cable Television Franchise Agreement between the City of Wheat Ridge, Colorado and Comcast of Colorado IV , LLC, to extend the tenn of the franchise on second reading, and that it take effect fifteen days after final publication." Or, "I move to postpone indefinitely Council Bill No. 03-2013, an ordinance amending the Cable Television Franchise Agreement between the City of Wheat Ridge, Colorado and Comcast of Colorado IV , LLC , to extend the term of the franchise for the following reason(s) " REPORT PREPARED/REVIEWED BY; Nathan Mosley, Management Analyst Heather Geyer, Administrative Services Director ATTACHMENTS: 1. Council Bill No. 03-2013 2. Amendment to extend Comcast Agreement CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCILMEMBER POND COUNCIL BILL NO. 03 Series of 2013 TITLE: AN ORDINANCE AMENDING THE CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE, COLORADO AND COMCAST OF COLORADO IV, LLC, TO EXTEND THE TERM OF THE FRANCHISE WHEREAS, in the year 2001, the Wheat Ridge City Council adopted Ordinance No. 1216 granting the nonexclusive Franchise Agreement to TCI Cablevision of Colorado, Inc. for its construction and operation of a cable television system within the City; and WHEREAS, Comcast of Colorado IV, LLC ("Comcast") is the successor in interest to TCI Cablevision of Colorado, Inc.; and WHEREAS, Section 2.2 of the Franchise Agreement provides that the franchise granted to Comcast will expire on April 1, 2013; and WHEREAS, Comcast has preserved its right of renewal by timely filing a request with the City to activate the formal process for renewing the Franchise pursuant to the provisions of the Cable Communications Policy Act of 1984 ("Cable Act"); and WHEREAS, City staff and Comcast of Colorado IV, LLC representatives have discussed the renewal of the franchise and, both parties have agreed that their respective interests will be served by a brief extension of the existing Franchise Agreement; and WHEREAS, the City Council is therefore agreeable to extending the existing term of the Franchise Agreement from April 1, 2013, until December 31, 2014. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. That the Mayor and City Clerk are hereby authorized to execute, on behalf of the City, an amendment to the Franchise Agreement with Comcast to extend the term of the Franchise Agreement from April 1, 2013, until December 31, 2014. Section 2. Except as specifically modified hereby, the Franchise shall remain in full force and effect. Attachment 1 Section 3. Neither party waives any right which it enjoys under law as a result of agreeing to this Franchise extension, and Comcast shall not be required to file any additional request or document in order to preserve its right of renewal under Section 626 of the Cable Act. 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 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5 to 0 on this 11th day of March, 2013, ordered it published with Public Hearing and consideration on final passage set for the 25th day, March, 2013 at 7:00 p.m ., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of_ to_, this day of , 2013. SIGNED by the Mayor on this __ day of _____ , 2013. ATTEST: Janelle Shaver, City Clerk 1st Publication: March 14, 2013 2nd Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald E. Dahl, City Attorney AMENDMENT TO THE CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE, COLORADO AND COMCAST OF COLORADO IV, LLC This Amendment to the Cable Television Franchise Agreement is made and entered into as of the effective date of the City of Wheat Ridge, Colorado's Ordinance No._, Series on day of 2013, and amends the Cable Television Franchise Agreement ("Franchise Agreement") by and between the City of Wheat Ridge, Colorado, ("City'') and Comcast of Colorado IV, LLC ("Comcast"). WHEREAS, the City Council approved the grant of a nonexclusive Franchise Agreement to TCI Cablevision of Colorado, Inc., effective April 1, 2001, for its construction and operation of a cable television system within the City; and, WHEREAS, Comcast of Colorado IV, LLC ("Comcast") is the successor in interest to TCI Cablevision of Colorado, Inc.; and WHEREAS, Comcast has preserved its right of renewal by timely filing a request with the City to activate the formal process for renewing the Franchise pursuant to the provisions of the Cable Communications Policy Act of 1984 ("Cable Act"); and, WHEREAS, the Franchise Agreement was set to expire on April 1, 2013, and, WHEREAS, City staff and Comcast representatives have discussed the renewal of the Franchise and both parties have agreed that their respective interests will be served by a fonnal extension of the existing Franchise Agreement to a date certain; and, WHEREAS, the City Council wishes to pennit an extension of the existing term of the Franchise Agreement until December 31, 2014; and, NOW, THEREFORE, the present Franchise Agreement is hereby amended by the following: 1. The tenn of the Franchise Agreement provided by section 2.2A is hereby extended until December 31,2014. 2. Except as specifically modified hereby, the Franchise shall remain in full force and effect. 3. Neither party waives any right which it enjoys under law as a result of agreeing to this extension, and Comcast shall not be required to file any additional request or document in order to preserve its right of renewal under Section 626 of the Cable Act. Attachment 2 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF WHEAT RIDGE, COLORADO By: -------------------------------- Mayor Date: ------------------------------- COMCAST OF COLORADO IV, LLC By: ____________________________ __ Title: ----------------------------- Date: ----------------------------- ~ ~ # ~ ~ ., City of • JP"WheatRi_dge ITEM NO:~ DATE: March 25,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 04-2013 -AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 12390 W. 44th AVENUE FROM AGRICULTURAL-TWO (A-2) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-12-11/FRISK) D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS ISSUE: D ORDINANCES FOR 1ST READING (2/25/2013) ~ ORDINANCES FOR 2ND READING (3 /25//2013) ~ YES City Manager The applicant is requesting approval of a zone change from Agricultural-Two (A-2) to Mixed Use- Neighborhood (MU-N) for property located at 12390 W. 44th Avenue. The proposed rezoning area includes one parcel, the total size of which is approximately .34 acres. Currently, the subject property contains a single family residence, and the purpose of the zone change request is to provide the owner with expanded options for use of the site. The zone change is the first step in the process for approval of future development on this site. No changes are proposed for the property. If approved and redeveloped, an administrative site plan review will be required to confirm that the proposed development meets the standards of the mixed use zone district. PRIOR ACTION: Planning Commission heard the request at a public hearing on February 7, 2013 and recommended approval. The staff report and meeting minutes from the Planning Commission public hearing have been included. CaseNo. WZ-12 -11 /Frisk Council Action Form March 25,2013 Page2 FINANCIAL IMPACT: Fees in the amount of$ 1 ,092 were collected for the review and processing of Case No. WZ-12-1 1. If the proposed rezoning is approved, there could be an advancement ofthe City's goals for economic development and the creation of a diverse and resilient tax base. B ACKGROUND: The subject parcel is located at 12390 W. 44th Avenue, on the south side ofW. 44th Avenue at the intersection with Ward Road. Property History Based on Jefferson County Assessor records, the property owned by the applicant is nearly 15,000 square feet (0.34 acres) in size. The property is regular in shape and includes a one-story 1,000- square foot residence that was originally built in 1946. In the last several years the property was partially converted to accommodate a home occupation. This conversion work included installation of an accessible bathroom and wheel chair ramp. The majority of the front yard was paved and striped to provide parking. The rear of the property is unimproved. An existing access easement running across the western portion of the property provides access to a residence located south of the subject property. A curb cut providing access into the site is located in the northwest corner of the property and aligns with the intersection ofWard Road and W. 44th Avenue. Surrounding Land Uses The property is located in the northwest quadrant of the City of Wheat Ridge. The property is zoned Agricultural-Two (A-2), and is surrounded by a variety ofland uses and zoning designations that reflect the residential roots and commercial transitions within the area. To the west and south are other properties zoned A-2 with single-family homes. To the east is a fueling station and convenience store zoned Commercial-One (C-1 ). To the northwest across W. 44th Avenue are properties zoned C-1 including sales lots for trailers and RVs. On the northeast corner ofW. 44th Avenue and Ward Road is Long Shots Bar & Grill which the applicant also owns. Current and Proposed Zoning Under the current A-2 zoning, permitted uses include single family homes and some agricultural functions . Under the proposed zoning, a single family home would still be a permitted use, but the MU-N zoning expands development options to include live/work scenarios or neighborhood- serving commercial uses. No site changes are anticipated at this time. The application has been through the standard referral process with no concerns raised by any outside agencies or City departments. A separate referral process will be required as part of future site redevelopment. RECOMMENDED MOTION: "I move to approve Council Bill No. 04-2013, an ordinance approving the rezoning of property located at 12390 W. 44th Avenue from Agricultural-Two (A-2) to Mixed Use-Neighborhood (MU-N) on second reading and that it take effect I 5 days after final publication, for the following reasons: Council Action Form March 25 ,2013 Page 3 Or, 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-1 09 of the Code of Laws. 2. The required rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The requested rezoning has been found to comply with the criteria for review in Section 26-112-E ofthe Code of Laws . 4. The property is currently underutilized, and a zone change will increase the permitted uses ofthe site." "I move to deny Council Bill No. 04-2013, an ordinance approving the rezoning of property located at 12390 W. 44th Avenue from Agricultural-Two (A-2) to Mixed Use-Neighborhood (MU-N) on second reading, for the following reasons: 1. 2. 3. And direct the City Attorney to prepare a Resolution of Denial , to be scheduled for Council consideration at the next available regular business meeting." REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: I. Council Bill No. 04-2013 2. Planning Commission staff report 3. Planning Commission minutes CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER DeMott COUNCIL BILL NO. 04 ORDINANCE NO. ___ _ Series of 2013 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 12390 W. 44th AVENUE FROM AGRICULTURAL- TWO (A-2) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ 12-11/FRISK) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and, WHEREAS, Janell and James Frisk have submitted a land use application for approval of a zone change to the Mixed Use-Neighborhood zone district for property located at 12390 W. 44th Avenue; and , WHEREAS, the subject property has long been underutilized , and the mixed use zone district will allow for a wider range of uses; and, WHEREAS, the proposed zone change is supported by the City's Comprehensive Plan-Envision Wheat Ridge-and by the 1-70/Kipling Corridors Urban Renewal Plan . NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Janell and James Frisk for approval of a zone change ordinance from Agricultural- Two (A-2) to Mixed Use-Neighborhood (MU- N) for property located at 12390 W. 44th Avenue , and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: THE NORTH 200 FEET OF THE SOUTH 641 .50 FEET OF THE WEST 75 FEET OF THE NORTHEAST ~ OF SECTION 20 , TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P .M ., ALL OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ON T HE W EST LIN E THE NORTH EAST ~ OF SAID SECTION 20 , AND 441 .5 FEET NORT H O F T HE C ENTER OF SAID S ECT ION 20 AND 200 FEET SOUTH OF THE SOUTH LINE OF WEST 44TH AVENUE; THENCE NORTH ALONG THE WEST LINE 200 FEET TO THE SOUTH LINE OF WEST 44TH AVENUE ; THENCE EAST ALONG THE SOUTH LINE OF SAID WEST 44TH AVENUE 75 FEET; THENCE SOUTH AND PARALLEL WITH THE WEST LINE , 200 FEET; T HENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID WEST 44TH AVENUE 75 FEET TO THE POINT OF BEGINNING . Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue Attachment 1 pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative objective sought to be attained. Section 4. Severability: Conflicting Ordinance Repealed . If any section, subsection or clause of the 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 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 7 to 0 on this 25th day of February, 2013, ordered it published with Public Hearing and consideration on final passage set for Monday, March 25, 2013 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2013. SIGNED by the Mayor on this ___ day of _______ , 2013. ATTEST: Janelle Shaver, City Clerk 1st publication : February 28, 2013 2nd publication : Wheat Ridge Transcript: Effective Date: Jerry DiTullio , Mayor Approved as to Form Gerald Dahl, City Attorney .... ~·~ ... ., City of ~Wheat&_,dge ~OMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Conunission CASE MANAGER: Meredith Reckert DATE OF MEETING: CASE NO. & NAME: February 7, 2013 WZ-12-11/Frisk ACTION REQUESTED: Approval of a zone change from Agricultural-Two (A-2) to Mixed Use- Neighborhood (MU-N) LOCATION OF REQUEST: 12390 W. 44th Avenue APPLICANT(S): Janell and James Frisk PROPERTY OWNER(S): Same APPROXIMATE AREA: 15 ,000 Square Feet (.34 Acres) PRESENT ZONING : Agricultural-Two (A-2) PRESENT LAND USE : Single family residence/home occupation COMPREHENSIVE PLAN : Neighborhood Commercial Corridor I Neighborhood Buffer ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION LOCATION MAP SITE Attachment 2 Case No. WZ-12-11 /Frisk All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Case No. WZ-12-11 is an application by James and Jan ell Frisk requesting approval of a zone change from Agricultural-Two (A-2) to Mixed Use-Neighborhood (MU-N) for property located at 12390 W. 44th Avenue. (Exhibit 1, Letter of request) The zone change is the first step in the process for approval of mixed use development on this site. If approved , and prior to any construction, a site plan review will be required to confirm that proposed development meets the standards of the mixed use zone district. The proposed rezoning area includes one parcel, the total area of which is approximately .34 acres. (Exhibit 2, Aerial) II. EXISTING CONDITIONS/PROPERTY HISTORY Surrounding Zoning and Land Use The property is located in the northwest quadrant of the City ofWheat Ridge. The property is zoned Agricultural-Two (A-2), and is surrounded by a variety of land uses and zoning designations that reflect the residential roots and commercial transitions within the area. To the west and south are other properties zoned A-2 with single-family homes. To the east is a fueling station and convenience store zoned Commercial-One (C-1). To the northwest across W . 441h Avenue are properties zoned C-1 including sales lots for trailers and RVs. On the northeast corner ofW. 441h Avenue and Ward Road is Long Shots Bar & Grill which the applicant also owns. (Exhibit 3, zoning map) Subject Property Based on Jefferson County Assessor records , the property owned by the applicant is nearly 15 ,000 square feet (0.34 acres) in size. The property is regular in shape and includes a one-story 1 ,000-square foot residence that was originally built in 1946. In the last several years the property was partially converted to accommodate a home occupation. This conversion work included installation of an accessible bathroom and wheel chair ramp. The majority of the front yard was paved and striped to provide parking. The rear of the property is unimproved. An existing access easement running across the western portion of the property provides access to a residence located south of the subject property. A curb cut providing access into the site is located in the northwest corner of the property and aligns with the intersection ofWard Road and W. 44th Avenue. (Exhibit 4, Site photos) III. PROPOSED ZONING The applicant is requesting the property be rezoned to Mixed Use-Neighborhood (MU-N), a zone district that is generally located along neighborhood main streets and at neighborhood commercial centers. The zone district is established to encourage medium density mixed use development in which residential uses are permitted, in addition to a limited range of neighborhood-serving commercial and retail uses . Under the current A-2 zoning, permitted uses include single family homes and some agricultural functions . Under the proposed zoning, a single family home would still be a permitted use, but the Case No . WZ -12-11 /Fri k 2 MU-N zoning expands land use options to include live/work scenarios or neighborhood-serving commercial uses. The following table compares the proposed and existing standards that apply to the subject property. In general, the MU-N district is expected to make use of the subject property more flexible by allowing for a wider range of uses. The MU-N zone district also has enhanced architectural controls to ensure compatibility with the variety of surrounding land uses, if redeveloped. !\lU-i\ A-2 Uses Allows new residential, commercial, Allows single-family residential and or mixed uses-many uses limited by urban gardens; special uses include small size of the lot day care centers, churches, group homes, kennels Architectural High quality architecture required; No architectural standards for single- Standards standards related to articulation, family homes; metal buildings variation, materials, transparency permitted for accessory structures Building Height 35 feet if building has residential use 35 feet (max) 50 feet for all other buildings Build-to I Setbacks Front 0 -12 foot build-to area 30 feet Rear setback 5 feet 15 feet Side setback, east 0 feet 15 feet Side setback, west 1-2 story = 10 feet 15 feet 3 story = 15 feet 4 story or more = 20 feet Lot Coverage (max) 90% for mixed use 25% 85% for single use Landscape I Open 1 0% for mixed use 25% Space (min) 15% for single use Given the proximity of two single-family homes to the south and the west side of the subject site, it should be noted that the MU-N zone district includes standards which offset the potential impacts of new commercial development and taller buildings. To protect the existing residential properties, the following regulations apply to all new MU-N development adjacent to single-or two-family homes: • Screening is required wherever a parking lot abuts a residential use , including a 6-foot landscape buffer and a 6-foot fence, wall, or hedge. • A landscape buffer is required wherever a building abuts a residential use. This includes a minimum 1 0-foot wide landscape buffer for 1-to 2-story buildings, 15 feet for 3-story buildings, and 20 feet for a 4-story building. Case No . WZ-12-11 !Frisk 3 • In addition to a landscape buffer, buildings over 2 stories must provide a 5-foot step back for each additional upper floor. • Any portion of a building within 100 feet of a residential use may not be taller than 4 stories. At this point, the property owners do not intend on expanding the building or redeveloping the site. The small lot size limits total redevelopment of the property and what could be built. IV. ZONE CHANGE CRITERIA Staffhas provided an analysis ofthe zone change criteria outlined in section 26-122.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The change of zone will not result in a significant adverse effect on the surrounding area. While the new zoning would allow for residential, commercial and mixed uses on the lot, any proposed new development will require site plan review through which traffic impacts, drainage, and buffering will be analyzed. Redevelopment proposals will be required to meet stormwater drainage and water quality requirements in order to be approved. The MU-N zoning is expected to add value to the subject property and also to the surrounding community. The mixed use development standards will support compatibility between future development and existing land uses. There are no architectural standards under the current A-2 zoning, so the enhanced design controls in the MU-N code are expected to benefit the character of the area. If rezoned, the property may provide a revenue source for the City due to sales tax collected. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Although no specific building expansions are proposed at this time, prior to any future development, a site plan review application will be required. This application will include a referral to all impacted utility agencies. In the event that current capacity is not adequate, the property owner/developer will be responsible for utility upgrades. There is minimal landscaping on the property. If the zone change is approved, 15% landscaped coverage will be required improving the aesthetics of the neighborhood. Staff concludes that this criterion has been met. 3. The Planning Commission shall also fmd that at least one (1) of the following conditions exists: Case No. WZ-12-11/Frisk 4 a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. The proposed zoning is consistent with the policies and goals in the I-70 /Kipling Corridors Urban Renewal Plan and the City's comprehensive plan-Envision Wheat Ridge. Both plans were adopted in 2009 and both recognize the need to improve underutilized properties through investment. Because the MU-N zoning will allow for a wider range of uses on the property, the zone change is expected to encourage investment in the area, as well as revenues to the city. The Structure Plan map in Envision Wheat Ridge illustrates the community's vision by classifying different types of areas and corridors. It is not a parcel-based land use map, and therefore does not show all existing and proposed land uses. In the Structure Plan, W . 44th A venue is shown as being a "neighborhood buffer" on a "neighborhood commercial corridor". The comprehensive plan calls for an improved mix of land uses in the transitional areas between the City's high intensity commercial corridors and lower density residential neighborhoods. The subject property is ideally situated to serve as a transitional site or neighborhood buffer between the homes south and southeast of the site and the commercial businesses along 44th A venue. ln the urban renewal plan, the property is located on the edge of an area designated as a Community Commercial node which extends to the east and northeast. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current Agricultural-Two (A-2) zoning designation as it appears on the City's zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. With the proximity to the 44th/Ward intersection and I-70, Staff questions the desirability of continued use of the property for single family residential living. Ward Road just north of 44th Avenue carries over 22,000 vehicles per day (2006 count) and counts on 44th Avenue average 15,400 vehicle trips to the west of the site and about 9,000 daily trips to the east. There are other vacant single family homes with A-2 zoning on 44th further to the west which have been for sale for quite some time. No viable residential offers have occurred on these properties. A zone change on this property may encourage similar applications in the area. By Case No. WZ-12-11/Frisk 5 allowing residential and/or limited commercial uses, the proposed zone change is consistent with the changing character of the area. Staff concludes that this criterion has been met. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable. V. NEIGHBORHOOD MEETING Prior to submittal of an application for a zone change, the applicant was required to hold a neighborhood input meeting in accordance with the requirements of section 26-109. A meeting for neighborhood input was held on December 5, 2012. Four people from the neighborhood were in attendance (Exhibit 5, Neighborhood Meeting Notes and Sign-Up Sheet). VI. AGENCY REFERRAL All affected service agencies were contacted regarding the ability to serve the property. Referral responses follow in regards to the zone change. Another referral process will occur in the future if and when a redevelopment scenario is proposed. Arvada Fire Protection District: No concerns. Further review will be required if the property redevelops in the future. Xcel Energy: No concerns. Valley Water District: Has no concerns about the proposal. Wheat Ridge Public Works: There are no concerns with the zone change; traffic and drainage impacts will be reviewed with future redevelopment. Wheat Ridge Economic Development: Supports the request. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change is consistent with Envision Wh ea t Ridge and the J-70/Kipling Corridors Urban Rene wal Plan . Staff concludes that the zone change will be compatible with the surrounding area and serve as a neighborhood buffer. Staff further concludes that the property is underutilized and increasing the potential land use options through a z one change to MU-N will be a benefit for the city and may serve as a catalyst for other s imilar requests in the area. Finally, staff concludes that the proposed zone change will not adversely affect public health , safety, or welfare. Case No . WZ-12 -1 1/Frisk 6 Because the zone change evaluation criteria support the zone change request, staff is recommending approval for Case No . WZ-12-11 . VIII. SUGGESTED MOTIONS Option A: "I mov e to recommend APPROVAL of Case No. WZ-12-11 , a request for approval of a zone change from Agricultural-Two to Mixed Use-Neighborhood, for property located at 12390 W. 44th Avenue, for the following reasons: 1. The proposed zone change is consistent with the goals and objectives of the Comprehensive Plan and the 1-70/Kipling Corridor Urban R en ewal Plan. 2 . The proposed zone change is compatible with the surrounding area and will serve as a neighborhood buffer between existing commercial and residential uses to the south and southeast. 3 . The proposed zone change will not adversely impact the public health , safety, or welfare. 4. The subject property is currently underutilized , and a zone change will increase the permitted uses of the site." Option B: "1 move to recommend DENIAL ofCase No. WZ-12-11 , a request for approval of a zone change from Agricultural-Two to Mixed Use-Neighborhood , for property located at 12390 W. 44th Avenue, for the following reasons: I. 2. 3. " Case No . WZ-12-11 /Frisk 7 EXHIBIT 1: LETTER OF REQUEST November 16, 2012 This letter is to serve as a request to consider a zone change for property address 12390 West 44'" Avenue from A2 to MU-N. This request is based on the need to operate a small business on the property. The property is currently surrounded by commercial and residential real estate. A2 zoning is no longer adequate for this property since we do not have a need for anything that the Agricultural zoning allows for. MU-N zonmg would be more appropriate for the demographiCS of the area and would allow either residential or a small business at this location. As the owner of this property I have had a large amount of potential small businesses interested in leasing the building. These businesses would be beneficial to the city of Wheat Ridge and would also be beneficial to the neighborhood . Unfortunately these opportunities have been passed by due to the current zoning of the property. The property has been updated to meet the requirements relating to ADA as well as the requirements of the City of Wheat Ridge. A COA was granted based on the requirements set forth by the city and has operated as a home based business. The property is easily accessible from both 44'" Avenue as well as Ward Road . The impact to traffic in the area would be very minimal if any at all. This rezoning request would not cause the need for any additional services from any branch of public utilities. Thank you for your consideration . Please let me know if you have any additional questions. Sincerely, James Frisk Case No. IVZ-12-11 /Frisk 8 EXHIBIT 2: AERIAL IMAGE SITE Case No . WZ-12 -11 /Frisk 9 EXIDBIT 3: ZONING MAP SITE Ca e No . WZ-12-ll/Fri k 10 EXHIBIT 4: SITE PHOTOS Looking southeast from 44 th Avenue at front of property Looking south at the subject site and front ofbuilding Case No . WZ-12-1 1/Frisk II Access easement along western property line for house to the south View east along 44th A venue frontage Case No. WZ-12-11/Frisk 12 View west along 44 1h Avenue View north from property towards Ward Road/441h Avenue intersection Case No. WZ-12-11 /Frisk 13 EXHIBIT 5: NEIGHBORHOOD MEETING NOTES Date: Ci~· Staff Present: Location of meeting: Property location: Prope•·~· owner: NEIGHBORHOOD MEETING NOTES December 5, 2012 Meredith Reckert, Senior Planner Wheat Ridge Municipal Building Second Floor Conference Room 7500 W. 29 111 Avenue Wheat Ridge. CO 80033 12390 W. 44 111 Avenue James Frisk, Property Owner 12390 W. 44 1 " Avenue 303-513-7051 denverjf@comcast.net Proper~· Owncr(s) present? Yes Existing Zoning: Agriculture -Two, A-2 Comprehensive Plan eighborhood Commercial Corridor I cighborhood Buffer Designation: Members of the public present: There were four area residents and /or property owners in attendance. A11 anonymous email was submitted in support of the request. See attached sign-up sheet. Applicant's Proposal: The applicant. James Frisk, is proposing to rezone the property to a mixed use zone district to provide the option for a commercial tenant. Existing Conditions: The property is located at 12390 W. 44 1 " A venue in the northwest quadrant of the City of Wheat Ridge . TI1e property is zoned Agricultural-Two (A-2), and is surrounded by a variety of land uses and zoning designations that reflect the residential roots and commercial transitions within the area. To the west and south are other properties zoned A-2 with single-family homes. To the east is a fueling station and convenience store zoned Commercial-One (C -I). To the northwest across W. 44'" Avenue are properties zoned C-1 including sales lots for trailer and R Vs. On the northeast comer of W. 44 1" Avenue and Ward Road is Long Shots Bar & Grill which the applicant also owns. Based on Jeffer on County As es or records, the property owned by the applicant is nearly 15,000 square feet (0.34 acres). The property includes a one-story I ,000-square foot residence that was originally built in 1946. In the last several years the property was partially converted to accommodate a home occupation. This conver ion work included installation of an accessible bathroom and wheel chair ramp. The majority of the !Tom yard was paved and striped to provide parking . TI1e rear of the property is unimproved. '"I 11 .ci.\1 h~atridge .co.us Case No. WZ-1 2-11 /Frisk 14 A curb cut providing access into the site is located in the northwest comer of the property and aligns with the intersection of Ward Road and W. 44111 Avenue. The following issues were discussed: \Vhy does the property owner want to rezone? The currel1f :o11ing on th e property is A-2 which allows on(v a single.fami~J' residence and some limited farming uses. A business i.s on(J' allo11 ·ed as a home occupation ancillary to a single.fami~v home. The :one change to MU-N will allow commercial uses. What types of commercial uses could work on the property? The property and rhe structure are rather small which would prohibit many of the allowed commercial uses 11 ·hich could operate under the existing sire conditions-for example, there is not ample area to construct a fast .food restaura/11. a large .format grocetJ' store or a gas station . The types o_f"tenants appropriate for the existing site conditions would be an insurance o.ffice. a hair salon or a small antique store. (( rhe :oning is approved. the proposed tenant 11"0tdd be a retail. consignment store. Are any changes proposed for the property? The owner ha.s alread.l ' im•ested $60,000 in improving the structure and site and no immediate site or building changes are proposed. • *While not specifica/1\' memioned. the pmpertr will require 15 "o land.\caped cm·emge pursua/f/10 tire MU-N =oning requirement The residents to the south get access to their home from 44'11 Avenue across the western portion of the property where there is a dedicated access easement. They expressed concern that this access may get blocked by business patron parking. Mr. Frisk said that he would II'Ork with them to install signage and/or pa1 •ement striping to indicate that this access must be kept clear of vehicles. What will be the effect on property values in this area if the property is rezoned? l11e City does not collect property taxes -this is done by Jefferson County. Typical(v. commercial properties are assessed as hal'ing more value !lwn agricultural properties. 1twas suggested that the Counzv Assessor be contacted to discuss property tax implications. Is it possible to restrict drive-through uses on the property? Staff is nor in .fa1 •or o_( restricting use normal~r allowed in a :one district . The attendees were encouraged to atrend the upcoming public hearings to voice their concerns. Case No. WZ-12-11 /Frisk 15 1 . 2 . 3 . 4 . 5 . 6 . December 5, 2012 - 6 PM Neighborhood Meeting Zone change from A-2, Agriculture-Two, to Mixed Use Neighborhood on property located at 12390 W. 44nd Avenue Name ~3?ck J En\w PLEASE PRINT Address ..,.~A~ ... r City of ?\Vheat:R..!:_.dge PLANNING COMMISSION Minutes of Meeting February 7, 2013 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair TIMMS at 7:02p.m. in the City Council Chambers ofthe Municipal Building, 7500 West 291h Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Staff Members Present: 3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA Amanda Weaver Anne Brinkman Dick Matthews Monica Duran Scott Ohm Steve Timms Tracy Guildner Alan Bucknam Lauren Mikulak, Planner I Meredith Reckert, Senior Planner Kim Waggoner, Recording Secretary It was moved by Commissioner MATTHEWS and seconded by Commissioner OHM to approve the order of the agenda. Motion carried 7-0. 5. APPROVAL OF MINUTES -December 6, 2012 It was moved by Commissioner MATTHEWS and seconded by Commissioner WEAVER to approve the minutes of December 6, 2012, as written. Motion carried 5-0 with Commissioners GUILDNER and MATTHEWS abstaining. 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 - 1 - February 7, 2012 Attachment 3 7. PUBLIC HEARING A. Case No. WZ-12-11: An application filed by James Frisk for approval of a zone change from Agricultural-Two (A-2) to Mixed Use Neighborhood (MU-N) for the property located at 12390 W. 44th Avenue. This case was presented by Meredith Reckert. She entered into public record the case file, the zoning ordinance, the Comprehensive Plan, and the digital presentation. The property is within the City of Wheat Ridge and all posting requirements have been met. The Planning Commission does have jurisdiction to hear this case. She reviewed the staff report and digital presentation. The purpose of the zone change is to expand possible uses for the property, including the option of converting the structure to a commercial occupancy. Staff recommends approval of the zone change. Commissioner OHM asked if there was another property zoned MU-N further to the east on W. 44th Avenue. Ms. Reckert confinned the RV America property at W. 44th Avenue and Tabor is zoned MU-N and MU-C Interstate. Commissioner OHM asked if the access easement accommodates any required landscape buffers on the west side. Ms. Reckert stated no. Commissioner BRINKMAN asked if there were any historical planning cases before the city on this property that would help with making a decision on this case. In response to Commissioner BRINKMAN's question, Ms. Reckert stated that the property has not been the subject of any previous land use cases. Commissioner BRINKMAN asked how large a building could be on the property, especially considering the small size of the lot and the mixed use development and parking requirements. Ms. Reckert explained that the City does not utilize a floor area ratio (FAR), but given the small size of the site, a building could not feasibly be very large. A second story, however, could be added. Commissioner BRINKMAN inquired about the maximum height for building. Ms. Mikulak replied 35 feet for any residential use and 50 feet if the building is completely commercial. Chair TIMMS asked about the large amount of pavement and parking in the front of the property. Ms. Reckert stated that when the owner acquired the property, the front yard was a maintenance problem. The parking area is probably larger than needed, but it was installed to reduce maintenance issues. Janelle Frisk 5060 Youngfield St., Wheat Ridge, CO The applicant stated that she and her husband have no plans to change the building on the property. The purpose of the zone change is to allow a small business to occupy the property. This could include an accounting finn, attomey, or hair salon, but they have no desire to include a drive through. Mrs. Frisk stated that they own the Longshots Bar & Grill up the street and are invested in the City of Wheat Ridge. The property and the City Planning Commission Minutes February 7, 2012 -2 - will be better served by the site being zoned mixed use; there is no desire to use the site residentially or agriculturally. Commissioner BRINKMAN asked the applicant if they have considered signage. Ms. Frisk said the best location may be in the landscaped strip along W . 44th Avenue. This would provide visibility from W. 441h Avenue and Ward Road. In response to a question from Commissioner BRINKMAN, Ms. Mikulak stated that the sign code applies to properties zoned MU-N , in addition, monument signs are limited to 7 feet in height and changeable copy or LED signs are not permitted. Chair TIMMS closed the public hearing as no members of the public were present. It was moved by Commissioner OHM and seconded by Commissioner GUILDNER to recommend approval of Case No. WZ-12-11, a request for approval of a zone change from Agricultural-Two to Mixed Use-Neighborhood, for property located at 12390 W. 44th Ave., for the following reasons: 1. The proposed zone change is consistent with the goals and objectives of the Comprehensive Plan and the 1-70/Kipling Corridor Urban Renewal Plan. 2. The proposed zone change is compatible with the surrounding area and will serve as a neighborhood buffer between existing commercial and residential uses to the south and southeast. 3. The proposed zone change will not adversely impact the public health, safety, or welfare. 4. The subject property is currently underutilized, and a zone change will increase the permitted uses of the site. Motion carried 7-0. Ms. Reckert stated that this case will go to City Council for first reading on February 25 and that the public hearing is scheduled for March 25. 8. STUDY SESSION A. Zoning Code Amendments Discussion Ms. Mikulak and Ms. Reckert summarized the memo from the agenda packet regarding proposed zoning code updates. They stated that staff's priorities for 2013 will be updating the subdivision regulations and sign code. These will be time consuming and complex since each comprise a full article within Chapter 26 and sign code amendments include many stakeholders. Mid-range proposed code amendments would be related to accessory dwelling units , microbreweries and exterior lighting standards. Planning Commission Minutes February 7, 2012 -3 - After a brief discussion , Commissioner TIMMS directed staff to move forward with the amendments as they are proposed. 9. OTHER ITEMS A. Resolution Designating a Public Place for Posting of Notices of Public Meetings It was moved by Commissioner BRINKMAN and seconded by Commissioner MATTHEWS to approve the Resolution Designating a Public Place for Posting of Notices of Public Meetings. Motion carried 7-0. Ms. Reckert invited the Planning Commission to the first public input meeting of the NW Subarea Plan Update on Tuesday, February lth at the Recreation Center from 5:30 - 7:30p.m . Chair TIMMS asked staff about openings on the Planning Commission. Ms. Reckert stated three appointments have come up: Scott Ohm, Alan Bucknam and Dick Matthews. Commissioners Ohm and Bucknam have reapplied. Commissioner MA TIHEWS stated he will not reapply. 10. Adjournment It was moved by Commissioner DURAN and seconded by Commissioner GUILDNER to adjourn the meeting at 8:06 p.m. Motion carried 7-0. Steve Timms, Chair Kim Waggoner, Recording Secretary Planning Commission Minutes February 7, 2012 -4 - ~ "~ .. "' ~ " City of • JP'WlieatRi_dge ITEMNO:_l DATE: March 25 ,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 11-2013-A RESOLUTION APPROVING A TWO-LOT SUBDIVISION PLAT WITH A RIGHT-OF-WAY DEDICATION FOR PROPERTY ZONED AGRICULTURAL- ONE (A-1) LOCATED AT 4900 ROBB STREET (CASE NO. MS- 13-01/HA WN) C8] PUBLIC HEARING D BIDS /MOTIONS C8] RESOLUTIONS ISSUE: D ORDINANCES FOR 1 STREADING 0 ORDINANCES FOR 2ND READING C8] YES The applicant is requesting approval of a two-lot subdivision plat with a right-of-way dedication for property zoned Agricultural-One (A-1) located at 4900 Robb Street. The purpose of the subdivision is to separate the existing structures on the property from the vacant land. PRIOR ACTION: Planning Commission heard the request at a public hearing on February 7, 2013 and recommended approval. The staff report and meeting minutes from the Planning Commission public hearing have been attached . FINANCIAL IMPACT: Fees in the amount of$1 ,000 were collected for the review and processing of Case No. MS-13-01. Case No . MS-13 -01/Hawn Council Action Form March 25, 2013 Page2 BACKGROUND: The subject property is located at 4900 Robb Street, in the northwest quadrant of the City on the east side ofRobb Street between Interstate 70 and W. 50th Avenue. The site is zoned Agricultural- One and is deep and relatively narrow. The lot has never been platted and is 130,680 square feet (3.09 acres) in size. A single family home is located on the front portion of the lot. Based on assessor records, the home was originally constructed in 1912, although the applicant has provided an original construction date of 1893. The home is brick construction, and the exterior remains in good condition with original architectural features. Several accessory structures are located behind the home including a chicken coop and old horse stable. Two ditch laterals traverse the property, and mature trees and landscaping are located throughout the site. The elevation change across the property is significant with a 40 foot fall from the northwest corner to the southeast. Surrounding zoning and land use The property is surrounded by a variety of land uses and zoning designations. Properties to the north and south are zoned Planned Commercial Development (PCD) and include office/warehouse structures. To the west is a parcel zoned Commercial-One and includes a parking area adjacent to the subject site. Across Robb Street to the west are several large parcels zoned A-1 with single family homes. Proposed plat The proposed plat will subdivide the property into two lots. The A-1 zone district requires that conforming parcels have one acre of land area with 140' of lot width. Lot 1, which contains the old house, is just over an acre with 43,717 square feet oflot area and 140.71' of width. Lot 2 which is the vacant parcel will be 1.94 acres in size and have 202' oflot width measured at the 30' front setback line ( detennined from the rear property line of Lot 1 ). The property owner has no plans for development of Lot 2 at this time and is also interested in getting local historic designation for the house. A 30' right-of-way dedication labeled as Tract A will be required for Robb Street. The installation of curb, gutter and sidewalk will not be required but the street will need to be paved subsequent to plat approval. The application has been through the standard referral process with no concerns raised by any outside agencies or City departments. A separate referral process will be required as part of any future site development. RECOMMENDED MOTION: "I move to approve Resolution No. 11-2013, a resolution approving a two-lot subdivision plat with a right-of-way dedication for property zoned Agricultural-One (A-1) located at 4900 Robb Street, for the following reasons: Council Action Form March 25 , 2013 Page 3 Or, 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-1 09 and 26-407 of the Code of Laws . 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The Subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws." "I move to deny Resolution No. 11-2013, a resolution approving a two-lot subdivision plat with a right-of-way dedication for property zoned Agricultural-One (A-1) located at 4900 Robb Street, for the following reasons: 1. 2. 3 . and direct the City Attorney to prepare a Resolution of Denial , to be scheduled for Council consideration at the next available regular business meeting." REPORT PREPARED/REVIEWED BY: Meredith Reckert , Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Resolution No. 11-2013 2. Planning Commission staff report 3 . Planning Commission minutes CITY OF WHEAT RIDGE, COLORADO Resolution No. 11 Series 2013 TITLE: A RESOLUTION APPROVING A TWO-LOT SUBDIVISION PLAT WITH A RIGHT-OF-WAY DEDICATION FOR PROPERTY ZONED AGRICULTURAL-ONE (A-1) LOCATED AT 4900 ROBB STREET (CASE NO. MS-13-01/HAWN) WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws establishes the procedures for the City's review and approval of Subdivision Plats; and, WHEREAS, an application for a subdivision plat was received from Tom Hawn to subdivide property located at 4900 Robbin an A-1 zone district; and, WHEREAS, all referral agencies have reviewed the request and do not have concerns; and, WHEREAS, all required publishing, posting and notification requirements for a March 25, 2013 City Council public hearing have been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows A TWO-LOT SUBDIVISION PLAT WITH A RIGHT-OF-WAY DEDICATION FOR PROPERTY ZONED AGRICULTURAL-ONE (A-1) LOCATED AT 4900 ROBB STREET (CASE NO. MS-13-01/HAWN) FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission , which has forwarded its recommendation . 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. DONE AND RESOLVED by the City Council this 25th day of March, 2013. ATTEST: Janelle Shaver, City Clerk By: ______________________ ___ Jerry DiTullio, Mayor Attachment 1 .. # .. , City of ·~Wheat&_dge ~OMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Meredith Reckert DATE OF MEETING: February 21,2013 CASE NO. & NAME: MS-12-03/Hawn ACTION REQUESTED: Approval of a two lot subdivision plat on A-1 zoned property LOCATION OF REQUEST: 4900 Robb Street PROPERTY OWNER: Tom Hawn PRESENT ZONING: A-1, Agriculture-One CURRENT USE: Single family residence, agricultural ENTER INTO RECORD~ SUBDIVISION REGULATIONS CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENTATION Planning Commission MS-12-03/Hawn Attachment 2 SITE All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a two lot subdivision on A-1 zoned property located at 4900 Robb Street. The purpose of the request is to separate the existing house property from vacant land on the site . (Exhibit 1, applicant letter) A subdivision plat for 5 lots or less follows the minor subdivision process ; because there is a right-of- way dedication for Robb Street, Planning Commission will be giving a recommendation to City Council who is the final authority for this land use process . II. EXISTING CONDITIONS/PROPERTY HISTORY Surrounding zoning and land use: The property is located at 4900 Robb Street, in the northwest quadrant of the City on the east side of Robb Street between the Interstate 70 and W. 501h Avenue. The site is zoned Agricultural-One (A-1) and is surrounded by a variety of land uses and z oning designations. Properties to the north and south are zoned Planned Commercial Development (PCD) and include office/warehouse structures. To the west is a parcel zoned Commercial-One and includes a parking area adjacent to the subject site. Across Robb Street to the west are several large parcels zoned A-I with single family homes. (Exhibit 2, zoning map) Subject property The subject site is deep and relatively narrow , about 200 feet by 650 feet. The lot has never been platted and is 130 ,680 square feet (3.09 acres) in size. A single family home is located on the front portion ofthe lot. Based on Assessor records , the home was originally constructed in 1912 , although the applicant has provided an original construction date of 1893 . The home is brick construction, and the exterior remains in good condition with original architectural features. (Exhibit 3, aerial photo) Several accessory structures are located behind the home including a chicken coop and old horse stable. Two ditch laterals traverse the property, and mature trees and landscaping are located throughout the site. The elevation change across the property is significant with a 40 foot fall from the northwest corner to the southeast. (Exhibit 4, site hotos) III. PROPOSED SUBDIVISION PLAT The proposed plat will subdivide the property into two lots. (Exhibit 5, subdivision lat) The A-1 z one district requires that conforming parcels have one acre ofland area with 140' oflot width. Lot 1, which contains the old house, is just over an acre with 43 ,717 square feet of lot area and 140.71 ' of width . Lot 2 which is the vacant parcel will be 1.94 acres in size and have 202 ' oflot width measured at the 30' front setback line (determined from the rear property line of Lot 1). A 30 ' right-of-way dedication labeled as Tract A will be required for Robb Street. The installation of curb , gutter and sidewalk will not be required but the street will need to be paved subsequent to plat Pl anning Commi ss io n M S-12-03/H awn 2 approval. The property owner has no plans for development of Lot 2 at this time and is also interested in getting local historic designation for the house. Staff concludes that the proposed consolidation plat is compliant with the A-1 zone district regulations and Article IV of the zoning and development code. IV. AGENCY REFERRALS All affected service agencies were contacted regarding the ability to serve the property. All have indicated that they can serve the property subject to required improvements constructed by the property owner if Lot 2 is developed . Specific referral responses follow. Arvada Fire Protection District: Can serve. Will require upgrades if Lot 2 is developed. Valley Water District: Has an existing line along front of property that must be maintained. Wheat Ridge Sanitation District: Can serve. Wheat Ridge Police: No concerns. Wheat Ridge Public Works: The Public Works Department has reviewed and approved the proposed plat. They have required a 30' right-of-way dedication and street paving. Xcel Energy: Can serve. V. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed subdivision meets all of the requirements of Article IV of the zoning and development code and is consistent with the A-1 zone district development regulations . For these reasons , Staff recommends approval of Case No. MS-12-03. VI. SUGGESTED MOTIONS: Option A: "I move to recommend APPROVAL of Case No. MS-12-03, a request for approval of a two lot subdivision plat on A-1 zoned property located at 4900 Robb Street, for the following reasons : 1. All requirements of Article IV of the zoning and development code have been met. 2. The plat is consistent with the A-1 zone district development standards." Option B: "I move to recommend DENIAL of Case No. MS-12-03 , a request for approval of a two lot subdivision plat on A-1 zoned property located at 4900 Robb Street, for the following reasons: 1. 2." Planning Comm iss io n MS-12-03/Hawn 3 Exhibit 1: Applicant Letter Written request The proposed minor subdivision at 4900 Robb Street is first and foremost ~ attempt to settle the estate of Virginia Hawn. As the property owner, Virginia's trust and will outlined how she would like the property split into two parts as an attempt to preserve the beautiful 1 1 8-year-old farm house. The thinking behind this was that the house stands a better chance of surviving the next 100 years if it is on a smaller lot, less attractive to developers. The remaining land would have its own access off ofRobb Street, to the south of the house. The improved lot size (with house) would be 1 acre. The proposed division would comply with the minimum lot width and all required setbacks. The current A -I zoning would stay as-is. The unimproved lot with access off ofRobb Street would be approximately 1 .94 acres and would retain its current A-1 zoning with no immediate plans for development. All paperwork to apply for the Wheat Ridge historic landmark designation on the house has been completed and will be submitted once th« division of land has been completed. The property at 4900 Robb Street is currently bordered to the north, south and east by commercial property. Thank you, Tom Hawn 32240 Robinson Hill Rd . Golden , CO 80403 Plaruting Commission MS-12 -03/Hawn 4 11~315 11;«e P lanning Commiss ion MS -12-03/Hawn 1142!1 Exhibit 2: 00000 Ill Zoning Map Site --------- ---~----------- 5 Plarming Commission MS-12-03/Hawn Exhibit 3: Aerial Photo Site 6 Exhibit 4: Site Photos View from Robb of north portion of property View from Robb of existing house on property Planning Conunission MS-12 -03 /Hawn 7 View from Robb of driveway for Lot 1 View from Robb Street of southern portion of property -future drive area for Lot 2 Planning Conuni ssion MS-1 2-03/Hawn 8 View from property to the south looking at lower portion of Lot 2 Plaooing Commission MS-12 -03/Hawn Looking east towards rear of Lot 1 9 ... -~~ ... .,. City of ~\VheatRi_dge PLANNING COMMISSION Minutes of Meeting February 21, 2013 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair TIMMS at 7:02p.m. in the City Council Chambers ofthe Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: StaffMernbers Present: 3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA Amanda Weaver Anne Brinkman Dick Matthews Monica Duran Scott Ohm Steve Timms Tracy Guildner Alan Bucknam Meredith Reckert, Senior Planner Mark Westberg, Project Supervisor Kim Waggoner, Recording Secretary It was moved by Commissioner OHM and seconded by Commissioner GUILDNER to approve the order of the agenda. Motion carried 7-0. 5. APPROVAL OF MINUTES -February 7, 2012 It was moved by Commissioner MATTHEWS and seconded by Commissioner DURAN to approve the minutes of February 7, 2012, as written. Motion carried 7- 0. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. Planning Commission Minutes -1 - February 21 , 2013 Attachment 3 7. PUBLIC HEARING A. Case No. MS-12-03: An application filed by Thomas R. Hawn for approval of a 2-lot minor subdivision on property zoned Agricultural-One (A-1) and located at 4900 Robb Street. This case was presented by Meredith Reckert. Ms. Reckert introduced Mark Westberg who was present to help answer questions. Ms. Reckert then provided a brief explanation on subdivision plats and the review process. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear this case. She reviewed the staff report and digital presentation. Staff recommends approval of the 2-lot minor subdivision. Commissioner BRINKMAN asked what the allowable uses are for A-1 z oning. Ms. Reckert replied single family residential, general farming, urban gardens and a variety of special uses such as public horse stables and fish hatcheries. Commissioner BRINKMAN asked why the ditch company wasn 't one of the referral agencies given the presence of a ditch on the property. Ms. Reckert stated typically that isn't done unless some development was proposed. No development was proposed. Commissioner BRINKMAN asked about the position of the rear lot line in relation to the ditch . Ms. Reckert said the ditch is being accommodated as is and the lot line is placed where it is because the common line that runs north and sound is an acre. Commissioner MATTHEWS asked what triggers street improvements. Ms. Reckert stated it depends on the nature of the request. With a plat, street width is reviewed and if new construction is proposed , the City may require installation of curb, gutter and sidewalk. Commissioner WEAVER asked if the applicant would keep the A-1 zoning for both lots or if the vacant parcel would become a commercial property. Ms . Reckert stated the A-I zoning would not change and development on the rear lot would be difficult due to the ditch and there is a substantial grade change ( 40 feet) which would require fill. This is also a settlement of an estate. Discussion continued regarding the typical treatment of ditches . Commissioner TIMMS asked if the proposed subdivision will make the existing house or the accessory structures non-conforming. Ms. Reckert stated no. Tom Hawn 4900 Robb St., Wheat Ridge, CO The appli cant stated the reason for the application is to settle an estate and he would like to preserve the house and avoid it being torn down and developed as commercial Planning C01mnission Minutes February 21 ,2013 -2 - property. By putting it on one acre it will be less attractive to developers. A historical designation may help too. The applicant was unsure if the property would remain in the family or be sold. There are no plans for development on the back property. It will remain a community garden, horse stable, or an agricultural use. Commissioner WEAVER asked if the applicant had considered creating a conservation easement for the property. The applicant replied no. Chair TIMMS closed the public hearing as no one wanted to speak on this case. It was moved by Commissioner GUILDNER and seconded by Commissioner OHM to recommend approval of Case No. MS-12-03, a request for approval of a 2-lot minor subdivision on property zoned Agricultural-One (A-1) and located at 4900 Robb Street for the following reasons: 1. All requirements of Article IV of the zoning and development code have been met. 2. The plat is consistent with the A-1 zone district development standards. Motion carried 7-0. Ms. Reckert stated that this case will go to City Council on March 25. B. Case No. WS-12-01: An application filed by Kent Carlson for approval of a 53-lot major subdivision with dedications for property zoned Planned Residential Development (PRD) and located at 11885 W. 38th Avenue. This case was presented by Meredith Reckert. Ms. Reckert entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear this case. She reviewed the staff report and digital presentation. Staff recommends approval of the 53-lot major subdivision with dedications. Ms. Reckert pointed out a correction to bullet number five on the recommended motions on page 6 of the staff report. The bullet should read, "The property be assessed for fees in lieu of parkland dedication based on the appraised value of the land after land entitlements have been approved. Said fees to be paid prior to the first building permit issuance." Commissioner WEAVER asked why there is no proposed access to the greenbelt. Ms. Reckert outlined several reasons including a 60 foot change in grade which would make construction of an access very difficult. Additionally there are wetlands and a threatened plant species in the area which require protection. Commissioner WEAVER asked about the location of any additional access points. Ms. Reckert replied there is social trail access behind Kullerstrand Elementary. This case was referred to the Parks and Recreation Commission who recommended fees in lieu ofland dedication in the subdivision or off-site trail improvements. Planning Commission Minutes February 21 , 2013 -3 - Commission MATTHEWS asked if the design criteria for detached sidewalks and street profiles will remain in effect. Ms. Reckert replied yes. Commissioner BRINKMAN asked about the storm drain design for the project. Mr. Westberg replied the stormwater is mostly piped; there is a pipe that is under Tabor Ct. that goes from those inlets to the detention pond. The rational for the bore is that we don't want to disturb the slope, which is another reason for not installing a trail to the greenbelt Discussion ensued regarding sanitary sewer service to the property. Ms. Reckert indicated that the applicant has petitioned for inclusion to the Westridge Sanitation District but the details for construction are still being worked out. Commissioner BRINKMAN asked what staff will look for in the HOA covenants. Ms. Reckert replied that staff is mostly concerned with adequate maintenance for the common elements. Commissioner DURAN asked what kind of privacy fencing will be between the existing subdivisions on either side. Ms. Reckert replied that the approved ODP plan called for a 6' high vinyl or plastic fence with brick columns interspersed. Chair TIMMS asked whether staff would review the landscaping for the tracts. Ms. Reckert indicated that staff will review the plans subsequent to plat approval and prior to installation of public improvements. This would include the emergency access located in Tract E. It is anticipated that that it will be 20 feet wide, asphalt or concrete and fenced. Discussion continued regarding irregularly shaped lots and location of the front property lines. Ms. Reckert replied the front lot line is determined by tl1e public street from where access is gain. Kent Carlson, 12460 1st Street, Eastlake, CO 80614 Mr. Carlson stated the team in attendance includes Russ Burrows, Civil Engineer with Carroll & Lange-Manhard and Craig Campbell with Standard Pacific Homes. The current property owners, Doug and Chris Jenks, are in attendance as well. Mr. Carlson indicated that he is familiar with the history of the zone change and negotiations with the neighborhood and is trying to honor that plan. There are minor changes proposed due to emergency access , street alignment and pond configuration. Mr. Carlson acknowledged that the current sanitary sewer line in 38 1h Avenue does not have capacity to serve the development and that they are continuing to work with Westridge Sanitation on inclusion and line upgrades. CHAIR TIMMS opened the public hearing. Barry Knott, 3911 Simms Ct. Mr. Knott asked if there was proposed fencing between the greenbelt and the lots on the north end of the subdivision and in the detention pond. He expressed concern about safety and easy access to these areas by children. Plarming Commission Minutes February 21,2013 -4 - ~ J ~ .... .. City of ?WheatRi_dge ITEMNO: y, DATE: March 25 ,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 07-2013 AN ORDINANCE EXTENDING A TEMPORARY MORATORIUM ON THE SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF APPLICATIONS FOR A PERMIT OR LICENSE FOR ANY MARIJUANA ESTABLISHMENT OR MARIJUANA CLUB D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: -,7 ;' {_,// . City Attorney ISSUE: i:8J ORDINANCES FOR 1ST READING (03/25/2013) 0 ORDINANCES FOR 2ND READING (04/08/2013) D YES Following the passage of Amendment 64 on November 6, 2012, the Council has not yet established guidelines for marijuana clubs and marijuana establishments. This ordinance extends the moratorium originally imposed by Ordinance 1533 , on March 11 on the submission, acceptance, processing, and approval of all applications for City permits and licenses concerning the operation of marijuana establishments or marijuana clubs. This ordinance will provide the City staff with the time necessary to allow the City to develop appropriate policies. PRIOR ACTION: On March 11 , 2013, the Council adopted an emergency ordinance imposing a moratorium on marijuana clubs and establishments. That ordinance will expire 90 days from adoption, pursuant to Charter Section 5.13. This ordinance repeals the emergency ordinance and replaces it with a standard moratorium extending to November 1, 2013 . V:\Fonns\CAFtemplate Council Action Form March 25, 2013 Page2 FINANCIAL IMPACT: None BACKGROUND: On November 6, 2012, the voters of the State of Colorado approved Amendment 64 to the Colorado Constitution ("Amendment 64") regarding the personal use and regulation of marijuana. The Colorado Department of Revenue must adopt regulations prior to July 1, 2013 for the regulation of marijuana establishments. If the Colorado Department of Revenue fails to adopt regulations by July 1, 2013 or fails to begin accepting applications for marijuana establishments by October 1, 2013, local governments may establish their own regulations for the same, including restrictions on the time, place, manner and number of such establishments. On January 28 , 2013, City Council adopted an ordinance amending Section 16-131 and 16-133 of the Wheat Ridge Code of Laws so that they are consistent with state law as it pertains to the possession of marijuana and the necessary paraphernalia to ingest or smoke the same. This ordinance does not affect medical marijuana dispensaries or optional premises licenses for cultivation of medical marijuana. Nor does the ordinance affect the City's licensing system for primary caregivers. RECOMMENDATION: Staff recommends the extension of the moratorium on the submission, acceptance, processing, and approval of any application for a City permit or license to operate a marijuana establishment or marijuana club. RECOMMENDED MOTION: "I move to approve Council Bill No. 07-2013, an ordinance extending a temporary moratorium on the submission, acceptance, processing and approval of any application for a City permit or license to operate a marijuana establishment or marijuana club , on first reading and schedule public hearing for April 8, 2013 at 7:00p.m. in City Council chambers. Or "I move to postpone indefinitely Council Bill No. 07-2013, an ordinance extending a temporary moratorium on the submission, acceptance, processing and approval of any application for a City permit or license to operate a marijuana establishment or marijuana club for the following reason(s) " REPORT PREPARED BY; Gerald Dahl , City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 07-2013 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___ _ Council Bill No. 07 Ordinance No. ___ _ Series 2013 TITLE: AN ORDINANCE EXTENDING A TEMPORARY MORATORIUM ON THE SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF APPLICATIONS FOR A PERMIT OR LICENSE FOR ANY MARIJUANA ESTABLISHMENT OR MARIJUANA CLUB WHEREAS, the City of Wheat Ridge is a home rule municipality operating under a charter adopted pursuant to Article XX of the Colorado Constitution and vested with the authority by that article and the Colorado Revised Statutes to adopt ordinances for the regulation of land use and the protection of the public health, safety and welfare; and WHEREAS, on November 6, 2012, the voters of the State of Colorado approved Amendment 64 to the Colorado Constitution ("Amendment 64") regarding the personal use and regulation of marijuana; and WHEREAS, Amendment 64 permits persons twenty-one years of age or older to possess, use, display, purchase and distribute without remuneration one ounce or less of marijuana, and to grow, process and transport marijuana plants; and WHEREAS, Amendment 64 also contemplates the retail sale of marijuana ("marijuana establishments"), and establishes a time schedule under which such establishments may be established and regulated by the state and/or local governments; and WHEREAS, the Colorado General Assembly will likely adopt statutes to implement the provisions in Amendment 64 and address related matters during the 2013 legislative session; and WHEREAS, state regulation of marijuana establishments is also dependent upon the Colorado Department of Revenue adopting regulations for such establishments prior to July 1, 2013; and WHEREAS, if the Colorado Department of Revenue fails to adopt regulations by July 1, 2013 or fails to begin accepting applications for marijuana establishments by October 1, 2013, local governments may establish their own regulations for the same, including restrictions on the time, place, manner and number of such establishments; and WHEREAS, Amendment 64 permits local governments to prohibit marijuana establishments at any time by ordinance, or by election on and after November 4, 2014; and Attachment 1 WHEREAS, relying on the authority in Amendment 64 for individual adult consumption of one ounce or less of marijuana , establishments ("marijuana clubs") have been created in other municipalities for the purpose of allowing members or guests to consume marijuana or marijuana products on site; and WHEREAS , the City Council has been made aware that staff has received inquiries from persons that are interested in opening and operating such clubs in the City; and WHEREAS , if marijuana establishments or marijuana clubs were allowed to be established and operate in the City without appropriate regulation, they may be located in areas or under conditions that would conflict with the City's land use code, and may be inconsistent with surrounding uses or otherwise be detrimental to the public health, safety and welfare ; and WHEREAS, the imposition of a moratorium to and through November 1, 2013 , on the submission , acceptance , processing, and approval of all applications for City permits and licenses concerning the operation of marijuana establishments or marijuana clubs is reasonable and will allow the City to develop appropriate policies and, if needed , regulations concerning the same . WHEREAS , the Council has previously enacted Ordinance 1533, Series 2013 , which imposed a temporary moratorium on the activities which are the subject of this Ordinance; it being the intention of the Council to extend that moratorium through the adoption of this Ordinance. THE COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, ORDAINS: Section 1. Findings . The foregoing findings are incorporated herein by reference. Section 2. Temporarv Moratorium . The moratorium established by Ordinance 1533, Series 2013 is hereby extended and imposed on the submission , acceptance , processing, and approval of any application for a City permit or license to operate a marijuana establishment or marijuana club under any basis, including Article XVIII Section 16 of the Colorado Constitution or any provision of the Wheat Ridge City Code of Laws. The City staff is directed to refuse to accept for filing , and not to process or review any application for such establishments or clubs during the moratorium period . Section 3. Duration . The moratorium extended by this ordinance shall expire on November 1, 2013 , unless sooner extended or repealed. Section 4. Staff to Investigate and Prepare Proposed Regulations. Before the expiration of the moratorium imposed by this ordinance, City staff shall investigate, review and analyze potential new City regulations for marijuana establishments , marijuana clubs , and/or the prohibition thereof. Such investigation , review and analysis shall be submitted to the City Council for consideration. The City Council declares that it will give due and timely consideration to those recommendations. 2 Section 5. Repeal. Ordinance 1533, Series 2013 is hereby repealed Section 6. Medical Marijuana not Affected. This ordinance shall not extend to or affect any medical marijuana establishment or center nor any primary caregiver as defined by Section 11-291 of the Wheat Ridge Code of Laws. Section 7. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication , as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of_ to _ on this __ day of , 2013, 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 , 2013 at 7 :00 p.m., in the Council Chambers, 7500 West 291h Avenue , Wheat Ridge , Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of_ to _, this day of , 2013. SIGNED by the Mayor on this __ day of _____ , 2013. ATTEST: Janelle Shaver, City Clerk First Publication: Second Publication : Wheat Ridge Transcript Effective Date: Jerry DiTullio , Mayor Approved as to Form Gerald E. Dahl , City Attorney 3 ~ ', ... " ~ ~ City of • :P'WheatRt__dge ITEM NO:~ DATE: March 25 ,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 12-2013-A RESOLUTION APPROVING A FOURTH MODIFICATION TO THE 38TH AVENUE CORRIDORREDEVELOMENTPLAN D PUBLIC HEARING D BIDS/MOTIONS [8:1 RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING QUASI-JUDICIAL: D YES ce~Moit [8:1 NO ISSUE: In late 2012 , the City received a Tax Increment Financing (TIF) agreement application from Richard Oneslager, the principal ofCrosswire Investments (Crosswire), for the Perrin's Row Townhome development of up to 29 townhomes in the 38th Avenue Corridor Redevelopment Plan (the Plan) area at 5760 W. 38th Avenue. Should the City Council consider approving a fourth modification to the Plan allowing for Renewal Wheat Ridge (R WR) to enter into a TIF agreement with Crosswire Investments , Inc.? PRIOR ACTION: A first modification to the Plan was approved on October 27, 2003. This modification was to initiate TIF for the Cornerstone (Walgreens) project and corrected minor errors contained in the plan. A second modification to the Plan was approved by City Council on December 11 , 2006 and authorized R WR to enter into a sales and property tax TIF for the improvements to Wheat Ridge Cyclery. A third modification to the Plan was approved by City Council on April 7, 2009 to suspend the TIF for the Cornerstone (Walgreens) project. Council Action Form March 25 , 2013 Page2 At its March 18 , 2013 Study Session, Council reviewed the modification to the Plan and provided consent to forward the Plan to the next scheduled council meeting. FINANCIAL IMPACT: As a result of approving this modification to the Plan, RWR would enter into a TIF agreement with Crosswire wherein taxing entities serving this property, including the City, would subordinate their portion of the property tax increment generated by the development over a 20- year time period. The annual increment for the project, at full build-out, is approximately $37 ,700. The City would subordinate $805 annually but would retain the base property tax of approximately $140 annually. PROPOSED PROJECT The Townhome project contemplates up to 35 ,000 sq. ft. of new construction. The project will consist of26 one and two-bedroom units varying in size from 1,166 sq . ft. to 1,479 sq. ft . with each unit having its own garage and visitor parking. The units are anticipated to sell in the low to mid $200,000 range. The first units would be available for occupancy in the second quarter of 2013 with the final unit occupied sometime in 2016. These proposed townhomes, to be constructed by a merchant builder, are modeled after the successful Central Park Row Homes in Stapleton . The architecture includes a contemporary blend of brick, stucco and siding along with prominent architectural metal for decks and awnings. The townhomes will be built to Energy Star standards. BACKGROUND: The site for the future Perrin's Row development has been vacant for more than 14-years and was previously the location of a gas station. At some undetennined time the gas station ceased operations and in 1990 the underground fuel tanks were removed . Contamination was found in the soil which was remediated by ground pumping and open soil remediation and the site has been determined to be clean of contamination. The site was rezoned to Mixed-Use Neighborhood (MU-N) as part of the City-initiated rezoning of the 38 1h Avenue corridor, effective November 25 ,2012 . The parcel is located within the 38 1h A venue Corridor Redevelopment Plan area. The Plan has stated objectives which are to strengthen the identity of381h Avenue as the City's "Main Street; to promote mixed-use development that includes a balanced mix of residential, retail and service businesses; to improve pedestrian and vehicular circulation and safety; to minimize pedestrian and vehicular conflicts ; encourage retention and enhancement of existing businesses while creating opportunities for new complimentary uses and ; to encourage new development and redevelopment that is compatible in scale and design with the exiting character of the redevelopment area. The Plan authorizes RWR to participate in redevelopment activities including demolition , public improvements, land acquisition , redevelopment and rehabilitation and relocation. Completion of these activities may be financed in whole or part by RWR using TIF. Council Action Form March 25,2013 Page3 Development Incentive Package Request At the November 6, 2012 RWR meeting, Richard Oneslager presented to RWR the proposed Perrin's Row project and his justification for the TIF request. Mr. Oneslager provided the following items as barriers to an adequate internal rate of return (IRR) to make the project feasible: 1. Current City charter restrictions do not allow for adequate densities to make the project financially viable. 2. The site suffers from its adjacency to aging residential and retail. 3. The downturn in the national development market as well as the local market conditions in Wheat Ridge. 4. The value of property in this part of the Denver metro area is $20 to $30 per square-foot less than areas in West Highlands. 5. Wheat Ridge development standards drive up development costs. Upon review of the request, R WR recommended forwarding the item to City Council for its review and authorization to proceed with an independent analysis of the project's pro forma and financial statements. A consensus was reached by Council at the December 3, 2012 Study Session to direct staff to move forward with the analysis. A contract was awarded to Gruen Gruen +Associates to provide an independent analysis of the project's pro forma. Gruen's analysis was completed in early February, 2013. The attached review and report indicated that for this project to proceed successfully, the use ofTIF was necessary. Since that time, staff has negotiated terms of a TIF agreement between Crosswire and RWR wherein a portion of property tax generated by the project would be rebated back to Crosswire over a period of20 years. This is not the first use ofTIF in the Plan area, but is the first use for new construction. To authorize the use ofTIF for a particular project, the Council must adopt a resolution amending the Plan. As part of the amendment procedure, the Council must make a determination regarding whether the amendment will "substantially change the Plan in land area, land use, design, building requirements, timing, or procedure." C.R.S. § 31-25-107(7). Ifthe Council finds that the proposed amendment does constitute a substantial modification, additional notice and hearing requirements must be fulfilled. Staff and legal counsel are of the opinion that the use ofTIF in this instance does not constitute a substantial modification. The TIF request is for one single parcel in the Plan area and under the provisions of the corridor's redevelopment plan, all property in the area has been approved for the use of TIF. In the time since the Plan was adopted , R WR has proposed to use TIF for two projects; the Walgreens and the Wheat Ridge Cyclery. The Walgreens project was deemed by legal counsel to be a substantial modification to the Plan, which required additional procedural measures, Council Action Form March 25 , 2013 Page4 including Planning Commission review, referral to the County Commissioners, additional notice and public hearings. That TIF was initially enacted but was subsequently rescinded after the development plans were not acted upon. The Wheat Ridge Cyclery project was not viewed as a substantial modification and therefore only required the adoption of a resolution similar to the one being requested this evening. At its March 5, 2013 meeting, RWR adopted a resolution to forward the fourth modification to Council. At that same meeting, the RWR Board voted 5-2 to enter into a TIF agreement with Crosswire that provides for the following: • Cross wire would receive 80% of the TIF for years 1-7 • Crosswire would receive 55% of the TIF for years 8-20 The maximum amount ofTIF would be capped at $467 ,000. RECOMMENDATIONS: Staff recommends moving forward with the modification for the following reasons: 1. The project will add new market-rate, residential units for sale along 38th Avenue. This is the first new development along this corridor in a very long time ; 2 . The new residents will create additional sales tax for the City of Wheat Ridge; 3. The project may act as a catalyst for future development and redevelopment of sites along the 38th Avenue corridor; 4 . The project will create additional property tax over time for R WR, the City and other taxing entities; and 5. The project will remove blight , an objective ofRWR's mission. RECOMMENDED MOTION: "I move to adopt Resolution No. 12 -2013, a resolution approving a fourth modification to the 38th Avenue Corridor Redevelopment Plan." Or, "I move to table indefinitely Resolution No. 12-2013 , a resolution approving a fourth modification to the 38th Avenue Corridor Redevelopment Plan for the following reason(s) " REPORT PREPARED/REVIEWED BY: Steve Art, Urban Renewal Manager Patrick Goff, Executive Director ATTACHMENTS: 1. Resolution No. 12-2013 adopting the Fourth modification to the 38th Avenue Corridor Redevelopment Plan a. Exhibit A -Legal description b. Exhibit B -Third Modification 2. RWR Resolution 03-2013 3. Gruen Gruen + Associates Analysis ofPerrin's Row Townhome Project CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 12 Series of 2013 TITLE: A RESOLUTION ADOPTING A FOURTH MODIFICATION TO THE 38TH AVENUE CORRIDOR REDEVELOPMENT PLAN TO IMPLEMENT THE USE OF TAX INCREMENT FINANCING FOR THE PERRIN'S ROW PROJECT WHEREAS, in 2001, the Wheat Ridge City Council approved an urban renewal plan, known as the 38th Avenue Corridor Redevelopment Plan (the "Urban Renewal Plan") for the elimination of blight and redevelopment of certain portions of the City; and WHEREAS, such Urban Renewal Plan included the area described in Exhibit A hereto, which is the current location of the Crosswire Investments LLC property; and WHEREAS, Section 5 of the Urban Renewal Plan provided for the utilization of sales and property tax incremental revenue sources within the redevelopment area; and WHEREAS, the Wheat Ridge Urban Renewal Authority has entered into a redevelopment agreement with owner of certain property at 5760 W. 38th Avenue in Wheat Ridge dba Perrin's Row; and WHEREAS, the Urban Renewal Authority is recommending to City Council that the Urban Renewal Plan be modified to implement a property tax increment for the project area as described in Exhibit B; WHEREAS, the Urban Renewal Plan has been amended three times previously; first, on October 27, 2003, by the First Modification to the 38th Avenue Corridor Redevelopment Plan; second, on December 11, 2006 by the Second Amendment to the 38th Avenue Corridor Redevelopment Plan and third, on April 7, 2009 by the Third Amendment to the 38th Avenue Corridor Redevelopment Plan; and WHEREAS, this Fourth Modification provides for the use of tax increment financing for the development of Perrin's Row and an agreement with Crosswire Investments, LLC as described in Exhibit B; and WHEREAS, City Council has determined the use of tax increment financing for the project does not substantially change the plan in the land area; and WHEREAS, in compliance with the Urban Renewal Law of Colorado, C.R.S. § 31-25-101 et seq., the Wheat Ridge Urban Renewal Authority desires to implement the use of tax increment financing for the project area described in Exhibit A. Attachment 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows : Section 1. The City Council hereby adopts this resolution amending Appendix A of Exhibit B to add the Perrin 's Row project providing for the Fourth Modification to the 38 th Avenue Corridor Redevelopment Plan. DONE AND RESOLVED THIS 251h day of March , 2013. Jerry DiTullio , Mayor ATTEST: Janelle Shaver, City Clerk EXHIBIT A LEGAL DESCRIPTION LOTS 1 THROUGH 13 PERRIN'S ROW SUBDIVISION A RESUBDIVISION OF LOT 1, BLOCK 1, BALMAR CONSOLIDATION PLAT SITUATED IN THE NE 1/4 OF SECTION 25, T.3S., R.69W., OF THE 6TH P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO EXHIBITB FOURTH AMENDMENT TO THE 38™ AVENUE CORRIDOR REDEVELOPMENT PLAN Section 5 of the 38th Avenue Corridor Redevelopment Plan ("Plan") is hereby amended to read as follows: 5.0 PROJECT FINANCING Urban renewal projects may be financed in whole or in part by the Authority under the tax increment financing ("TIF") provisions of C.R.S § 31-25-1 07(9)(a) of the Urban Renewal Law, or by any other available source of financing authorized to be undertaken by the Authority under C.R.S. § 31-25-105 of the Urban Renewal Law. 5.1 Financing Methods The Authority is authorized to finance urban renewal projects within the Redevelopment Area with revenues from property and sales tax increments, interest income, federal loans or grants, or any other available source of revenues. The Authority is authorized to issue bonds and incur other obligations contemplated by the Urban Renewal Law in an amount sufficient to finance all or any part of an urban renewal project within the Redevelopment Area. The Authority is authorized to borrow funds and create indebtedness in any authorized form in carrying out this Corridor Redevelopment Plan in the manner contemplated by the Urban Renewal Law. Any principal and interest on such indebtedness may be paid from property and sales tax increments, or any other funds, revenues, assets or properties legally available to the Authority. 5.2 Potential Utilization of Tax Increment Financing (TIF) After the date of final adoption of this Corridor Redevelopment Plan, as described in the Resolution approving the Plan, the City may authorize the utilization of TIF pursuant to C.R.S. § 31-25-107(9) ofthe Urban Renewal Law at such time or times that a redevelopment project or projects is/are initiated under the provisions of this Corridor Redevelopment Plan within the Redevelopment Area. Such TIF may be utilized in the entire Redevelopment Area or portions of the Redevelopment Area. The utilization of TIF pursuant to this section will necessitate a modification of, or to, this Corridor Redevelopment Plan, in accordance with the provisions of C.R.S. § 31-25-1 07(7) of the Colorado Urban Renewal Law governing such modifications. Such an amendment shall be accomplished by the procedure set forth in Section 5.3 , below. The details of this utilization of TIF may also be provided for by agreement between the City and the Authority. 5.3 Utilization of Property and Sales TIF Consistent with the foregoing provisions of this Section 5.0 regarding TIF , there is hereby adopted the utilization of property and sales tax increment for the properties described in the attached Appendix A. The properties and projects, for which a tax increment shall be utilized , along with a legal description for the properties , the date upon which the utilization of the tax increment shall take effect, and the terms of the tax increment applicable to each property , shall be as set forth in Appendix A. APPENDIX A 1. Cornerstone Property a. Date TIF implemented: October 27, 2003 Council Resolution: No. 26, Series 2003 (October 27, 2003) b. Date TIF suspended: June 8, 2009 Council Resolution: No. 30, Series 2009 (June 8, 2009) c. Legal Description: A tract of land in the Northeast 1/4 of Section 25, Township 3 South, Range 69 West of the 6th Principal Meridian and also being a part of Block 1, Pearson-Woodside Addition as recorded in Book 6, Page 8 of the official records of the County of Jefferson, State of Colorado, and being more particularly described as follows: Commencing at the Northeast corner of said Northeast 1/4 thence S 00° 15' 49" E along the East line of said Northeast ~. said line also being the centerline of Sheridan Boulevard, 65.00 feet; thence S 89° 59' 58" W, 30.00 feet to a point on the East line of said Block 1 and the West line of Sheridan Boulevard, said point being the POINT OF BEGINNING; thence N 45° 07'56" W along the Southerly line of that tract of land described at Reception Number 91056588, said line also being the Southerly line of West 38th Avenue, 28.35 feet; thence continuing along said Southerly lineS 89° 59' 58" W, 115.45 feet; thence N 00° 15' 49" W along said Southerly line, 5.00 feet to a point on the North line of said Block 1, said point also being a point on the Southerly line of West 38th Avenue; thence S 89° 59' 58" W along said Northerly line of Block 1, 135.45 feet to the Northwest comer of said Block 1; thence S 00° 15' 49" E along the West line of said Block 1,217.20 feet to the beginning of a curve; thence Southerly along a curve to the left and along the West line of said Block 1, 38.84 feet, which curve has a radius of 523.00 feet, a central angle of 4° 15' 17'' and whose chord bears S 2° 23' 28" E, 38.83 feet, to the Southwesterly comer of Lot 21 of said Block 1; thence N 89° 59' 58" E along the Southerly line of said Lot 21, 134.01 feet to the Southeast comer of said Lot 21; thence N 00° 15' 49" W along the East line of said Lot 21, 25.00 feet; thence N 89° 59' 58" E along a line parallel to the North line of said Block 1, 135.45 feet to a point on the East line of said Block 1 and the West line of Sheridan Boulevard; thence N 00° 15' 49" W along said East line of said Block 1 and the West line of Sheridan Boulevard, 206.00 feet to the POINT OF BEGINNING, County of Jefferson, State of Colorado. Said parcel contains 1.4937 acres more or less . (the "Project Area") d. TIF terms: i. Property Tax Increment. One hundred percent (I 00 %) of the property tax payable to the Authority under C.R.S. § 31-25-107(9) shall be allocated to , and when collected , paid into a special fund of the Authority, and may be irrevocably pledged by the Authority for the payment of the principal of, premium , if any, and interest on any bonds , loans or advances , or indebtedness (whether funded , refunded , assumed , or otherwise) incurred by the Authority to finance or refinance , in whole or in part , urban renewal projects , and to pay all financial obligations and debts of the Authority. ii . Sales Tax Increment. One hundred percent (100 %) ofthe sales tax payable to the Authority under C .R .S. § 31-25-1 07(9) shall be allocated to , and when collected, paid into a special fund of the Authority, and may be irrevocably pledged by the Authority for the payment of the principal of, premium , if any, and interest on any bonds, loans or advances , or indebtedness (whether funded , refunded , assumed , or otherwise) incurred by the Authority to finance or refinance, in whole or in part , urban renewal projects, and to pay all financial obligations and debts of the Authority. 111. Expiration of Sales and Property Tax Increments. When such bonds , loans , advances and indebtedness , and all financial obligations and debts of the Authority; if any , including interest thereon and any premiums due in connection therewith , have been paid , but in no event later than twenty-five (25) years following the date the sales and property tax TIF is implemented as set forth in subsection (a) above (which implementation date is October 27 , 2028) all property tax revenues upon the taxable property and the total municipal sales tax revenue collections in the Project Area shall be paid into the funds of the respective public bodies . 2. Wheat Ridge Cyclery Property a. Date TIF implemented: December 11 , 2006 . b . Council Resolution : No. 55 , Series 2006 (December 11 , 2006) c. Legal Description: Parcel 1 The South 163 feet of Lot 1, Craig Subdivision, City of Wheat Ridge , County of Jefferson , State of Colorado , Parcel2 Lot 1, EXCEPT the South 163 feet thereof and the South 6 feet of Lot 2, Craig Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado, Also described as: Commencing at the southeast comer of Section 23, Township 3 South, Range 69 West of the 6th Principal Meridian; thence S89°36'23"W a distance of 30.00 feet to the southeast comer of Loti, Craig Subdivision and the Point of Beginning; thence along the southerly and westerly lines of said Lot 1 and the westerly line of said Lot 2, the following 3 courses: 1) S89°38'23"W a distance of 104.97 feet to a point of curvature; 2) along the arc of a curve to the right having a radius of 15.00 feet through a central angle of 90°07'36" and having an arc length of23.00 feet, a chord bearing N45°17'49"W and a chord length of 21.24 feet to a point of tangency; 3) N00°14'0l"W a distance of210.97 feet to the northwest comer of the south 6 feet of said Lot 2; Thence N89°38'23"E a distance of 120.00 feet along the north line ofthe south 6 feet of said Lot 2; thence S00°14'0l"E a distance of 226.00 feet along the east line of said Lot 1 and said Lot 2 to the Point of Beginning, Containing 27,070 square feet or 0.621 acres more or less. d. TIF terms: i. Property Tax Increment. One hundred percent (1 00%) of the property tax payable to the Authority under C.R.S. § 31-25-107(9) shall be allocated to, and when collected, paid into a special fund of the Authority, and may be irrevocably pledged by the Authority for the payment of the principal of, premium, if any, and interest on any bonds, loans or advances, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the Authority to finance or refinance, in whole or in part, urban renewal projects, and to pay all financial obligations and debts of the Authority. ii. Sales Tax Increment. One hundred percent (100%) of the sales tax payable to the Authority under C.R.S. § 31-25-1 07(9) shall be allocated to, and when collected, paid into a special fund of the Authority, and may be irrevocably pledged by the Authority for the payment of the principal of, premium , if any , and interest on any bonds , loans or advances , or indebtedness (whether funded , refunded , assumed , or otherwise) incurred by the Authority to finance or refinance, in whole or in part, urban renewal projects , and to pay all financial obligations and debts of the Authority. m. Expiration of Sales and Property Tax Increments. When such bonds , loans , advances and indebtedness , and all financial obligations and debts of the Authority ; if any, including interest thereon and any premiums due in connection therewith , have been paid , but in no event later than twenty-five (25) years following the date the sales and property tax TIF is implemented as set forth in subsection (a) above (which implementation date is December 11 , 2006) all property tax revenues upon the taxable property and the total municipal sales tax re venue collections in the Project Area shall be paid into the funds of the respective public bodies. 3. Crosswire Investments, LLC a. Date TIF implemented: March 25 , 2013. b. Council Resolution: No. 12 , Series 2013 (March 25 , 2013) c. Legal Description: LOTS 1 THROUGH 13 PERRIN'S ROW SUBDIVISION A RESUBDIVISION OF LOT 1, BLOCK 1, BALMAR CONSOLIDATION PLAT SITUATED IN THE NE 1/4 OF SECTION 25 , T.3S., R.69W., OF THE 6TH P.M. CITY OF WHEAT RIDGE , COUNTY OF JEFFERSON , STATE OF COLORADO d. TIF terms: i. Property Tax Increment. One hundred percent (1 00%) of the property tax payable to the Authority under C.R.S. § 31-25-1 07(9) shall be allocated to , and when collected , paid into a special fund of the Authority , and may be irrevocably pledged by the Authority for the payment of the principal of, premium , if any , and interest on any bonds , loans or advances , or indebtedness (whether funded , refunded , assumed , or otherwise) incurred by the Authority to finance or refinance, in whole or in part , urban renewal projects , and to pay all financial obligations and debts of the Authority ii. Expiration of Sales and Property Tax Increments. When such bonds , loans , advances and indebtedness, and all financial obligations and debts of the Authority; if any , including interest thereon and any premiums due in connection therewith, have been paid, but in no event later than twenty-five (25) years following the date the sales and property tax TIF is implemented as set forth in subsection (a) above (which implementation date is March 25 , 2013) all property tax revenues upon the taxable property and the total municipal sales tax revenue collections in the Project Area shall be paid into the funds of the respective public bodies. TITLE: WHEAT RIDGE URBAN RENEWAL AUTHORITY RESOLUTION NO. 04 Series of2013 A RESOLUTION OF THE WHEAT RIDGE URBAN RENEWAL AUTHORITY APPROVING THE IMPROVEMENTS AGREEMENT Wim CROSSWIRE INVESTMENTS, LLC WHEREAS, the 3 gtb A venue Corridor Redevelopment Plan provides for the redevelopment project consisting of the development of new market rate residential town homes on 38th Avenue at Depew Street; and · WHEREAS, representatives ofCrosswirelnvestments, LLC and the staffofthe Authority have negotiated an improvement agreement THEREFORE BE IT RESOLVED by the Wheat Ridge Urban Renewal Authority that: Section 1. The Improvements Agreement between the Authority and Crosswire Investments, LLC attached hereto as Attachment I is hereby approved. ATTEST: ~~~ Steve Art, URA Manager Attachment 2 ANALYSIS OF PROPOSED PERRIN'S ROW TOWNHOME PROJECT AND EVALUATION OF REQUEST FOR SUBSIDY To CITY OF WHEAT RIDGE AND RENEWAL WHEAT RIDGE From GRUEN GRUEN +ASSOCIATES Urban El'0110tl1ists, Market Strategists & Land Use / P11blil' Poliry Ana!JJSts DRAFT January 2013 C1351 Attachment 3 tn Q) ... m ·-(J 0 tn tn <( + t: Q) ::s ... G t: Q) ::s ... ~ ANALYSIS OF PROPOSED PERRIN'S ROW TOWNHOME PROJECT AND EVALUATION OF REQUEST FOR SUBSIDY To CITY OF WHEAT RIDG E AND RENEWAL WHEAT RIDG E From GRUEN GRUEN+ ASSOCIATES Urban Economists, Markel Strategists & Land se/ P11blic Poliry Ana!ysts DRAFT January 2013 C1351 20 13 Gruen Gruen+ Associates. Do not reproduce without written permission from Gruen Gruen+ Associates. TABLE OF CONTENTS Chapter Page I INTRODUCTION AND FINDINGS AND CONCLUSIONS ........................................ 1 INTRODUCTION ...................................................................................................................... 1 0\TERVIEW AND APPROACH ............................................................................................. 1 KEY FIN DINGS AND CONCLUS IONS ............................................................................. 2 POLICY IMPLICATIONS AN D RECOMMENDATION ................................................ 5 II REAL ESTATE ECONOMIC ANALYS IS BASED ON D E\TELOPER- AND BUILDER-SPECIFIED COST AN D RE\TENUE ASSUMPTIONS .................... 6 PROPOSED D E\TELOPMENT PROGRAM ....................................................................... 6 RE\TENUE PARAMETERS OF PROPOSED D E\TELOPMENT .................................. 6 D E\TELOPMENT COST ESTIMATES ................................................................................. 7 FINANCING AND IN\TESTMENT PARAMETERS ........................................................ 9 RESULTS OF REAL ESTATE ECONOMIC ANALYSIS ................................................. 9 III SENSITIVITY ANALYSIS, REVIEW OF RESIDENTIAL MARKET CONDITIONS AND PROPERTY TAX INCREMENT ESTIMATE .......................... 12 LAND VALUE SENSITIVITY TO UNIT SALE PRICE EXPECT A TIONS .............. 12 SALE PRICE UNCERTAINTY AN D RESIDENTIAL MARKET CONDITIONS .. 12 ESTIMATED PRESENT VALUE OF PROPERTY TAX INCREMENT RE\TENUE .................................................................... 15 LIST O F TABLE S TABLE II -1: Physical Parameters of Proposed Development ................................................................... 6 TABLE II-2: Estimated nit Sale Revenues ................................................................................................. 6 TABLE II -3: Finished Lot Payment chedule .............................................................................................. 7 TABLE II-4: Land Development Cost Estimate .......................................................................................... 7 TABLE II-5: Vertical Development Cost Estimate ..................................................................................... 8 TABLE II-6: Finished Lot Value Estimate .................................................................................................... 9 TABLE IJ -7: Estimate of Residual Land Value and et Cash Flow ....................................................... lO TABLE II -8 : et Cash Flow and Internal Rate of Return Resulting From Land Development if Owner is to be Credited $650,000 of Land Eguity ............................................. 11 TABLE III -1: Land Value Sen sitivity to ale Price .................................................................................... 12 TABLE III-2: Recent Townhome Sale s Near the ite in Wheat Ridge .................................................. 13 TABLE III -3: Recent Sales ear the Site in West Highlands and Berkeley eigh borhoods of Denver ..................................................................................................... 14 TABLE III-4: Projection of Property Tax Increment Revenue ............................................................... 15 Analysis of Propos ed Perrin 's Row Townhome Project and Evaluation of Request for Subsidy DRAFT CHAPTER I INTRODU CTION AND FINDINGS AND CONCLUSIONS INTRODU CTION The owner of a vacant parcel of land located at the southwest corner of 38th Avenue and Depew Street in \Xfheat Ridge (the "site ") has requested a rebate of incremental property taxes resulting from development. Consisting of approximately 1.4 acres of land, the site is located within the 38th Avenue Urban Renewal Area. A for-sale residential deve lopment consisting of 26 townhome units has been proposed for the site. The current land owner (the "applicant") has indicated that the development of the site for the proposed use will be infeasible in the absence of a 20-year incremental property tax rebate. The applicant plans to entitle the site for the proposed use, complete the necessary sitework and infrastructure improvements, and then sell finished lots to a townhome builder. New Town Builders has been identified as the townhome builder. New Town plans to build the same townhome product type it has successfully built and sold in Stapleton. The City of Wheat Ridge and its Urban Renewal Authority, Renewal Wheat Ridge, have asked Gruen Gruen + Associates ("GG+ A") to complete an analysis of the proposed development and property tax rebate request. This report presents the results and implications of the analysis completed. OVERVIEW AND APPROACH GG+ A analyzed the real estate economics of the proposed development program to evaluate the need for a property tax rebate. The real estate economic analysis yiel d s a key output: the nJsidua/ land val11c. A residual land value represents the amount of money a developer can afford to pay for raw land needed to site a development, given: • Land development costs; • Townhome development costs; GRUEN GRUEN +ASSOCIATES PAGE 1 Analysis of Proposed Perrin 's Ro w To wnhome Project and Evaluation of Request fo r Subsidy DRAFT • O b tainable unit sale prices and rate of absorption; and • The rate of return required to make investment in the project feasible (often referred to as the "hurdle rate "). A project is feasible if a developer can achieve a return on equity that meets a hurdle rate commensurate with the risk associated with the project. We use an annual internal rate of return (IRR) as the financial yardstick to identify the land value that would be supported by the investment returns of the forecast revenues and costs associated with the proposed development. This permits reaching judgments on the project's feasibility and the amount of land purchase (or write down) the proposed development could support. Because, in this case, the land developer already owns the site, the residual land va lue estimate is made and then compared to the land owner/ developer's reservation price. A reservation price refers to the minimum price for which the owner would be willing to sell its property. The land owner/developer has indicated a reservation price of '650,000 for the 1.4-acre site or 10.90 per square foot of land. The owner reports having owned and carried the property for approximately 10 years. The owner also indicated that the property had previously been assessed at a market value of approximately $650,000. o subsidy or tax rebate is warranted if the residual land value supported by the townhome development alternative exceeds the 650,000 reservation price. Conversely, if the $650,000 reservation price exceeds the residual land value supported by the project, a subsidy is needed in order for the land owner/ applicant to contribute its land to development and for the project to move forward at this time . In other words, if the present market conditions and real estate economics applying to the proposed development do not support as high of land value as that sought by the land owner, a subsidy is needed. If tlu is the case, the options available are to: (1) wait to conu11ence deve lopment until market conditions and the real estate economics improve to support a land value equal to the reservation price; (2) wait until the land owner reduces its reservation price; or (3) subsidize the development to bridge the feasibility gap created by the reservation price being lugher than the supportable land value. KEY FINDINGS AND CONCLUSIONS Residual Land Value of the 1.4-acre Site Based on D eveloper-and Builder-Specified Assumptions The real estate economic analysis reviewed in this report shows that, ba ed on land developer-and builder-specified assumptions regarding costs, revenues, and return requirements, the residual land value of the unimproved site is approximately $450,000 or $7.50 per square foot of land. In essence, after deducting for the estimated land development costs, the townhome builder has agreed to pay 450,000 for the raw land. GRUEN GRUEN + ASSOCIATES PAGE2 Analysis of Proposed Perrin 's Row Townhome Project and Evaluation of Request fo r Subsidy DRAFT Amount of Subsidy Needed Based on Dev eloper-Specified Assumptions If the applicant/ owner were willing to dispose of its property for approximately $450,000 or accept this value as a land equity credit, the project could feasi bly move forward at this time. However, because th e owner's reservation price of $650,000 ex c ee d s the residual land value of $450,000, the need for subsidy arises. The applicant has requested that the feasibility gap of approximately $200,000 be mitigated through a re b ate of the resulting incremental proper ty taxes over the next 20 years. Reasonableness of Development Cost Estimates and Return Requirements As indicated, the estimates above are based on assumptions specified by the applicant and builder. Entitlement and land d evelopment costs are estimated at approximately $8.70 per square foot of land or $20,000 per townhome unit. Total vertical d evelo p men t costs in cu rred to b uil d the units, including build er profit, are estimated at app roximately 167 per squ are foot of b uilding space or $208,500 per unit (these costs are in ad dition to land develo p ment). Given the proposed attached housing product type, neither of these cost estimates appear unreasonable. According to the builder, its cost estimates are b ased on actual an d recent experience building the same units in Stapleton. The land developer is seeking to earn a 12 percent annual return on its land contribution and investment. The town h ome b uilder is targeting a 10 percen t margin o n the u nit sale prices. Given the risks associated with the proposed development, neither return target is unreasonably high. Request for Subsidy Primarily Relates to Uncertainty about Unit Sale Rev enues and Competitive Position of the Site as a Housing Location The townhome builder has assumed average sales prices of approximately $200 per square foot or approximately $250,000 per unit. The townhome build er is uncertain about obtainable unit sale revenues and as indicated above has assumed a price level that does not result in a project that supports the land payment require d by the land developer. If one assumes an average unit sal e price of $215 per square foot or approximately $270,000 per unit, holding all other assumptions and estimates the same, the proposed development would be financially feasib le to complete without any tax rebate. Our interviews with residential real estate brokers, discussions with the builder, inspection of the site and surrounding neigh b orhoods, and review of secondary data suggest that uncertainty about obtainable sale revenue is a valid concern and risk . This uncertainty reflects a variety of factors: • Because of the size and configuration of the site, many of th e townhomes must a d join and face 38th Avenue. Brokers indicate that, all else being equal, these units will need to be priced at a discount in order to sell ; • The neighborhood has experienced no new residential construction of this product type or scale in many years, so few if any true comparables exist in Wheat Ridge; • Some residential uses adjacent to the site can be expected to detract from (rather than GRUEN GRUEN +ASSOCIATES PAGE3 Analy s is of Proposed Perrin 's Row To w nhome Project and Evaluation of Request for Subsidy DRAFT bolster) its appeal as a desirable housing location responsive to contemporary preferences of household able to afford new market-rate product" and • The ire is not within reasonable walking distance of the activity center (dining, nightlife shopping) in Highlands and Berkeley that contribute to the desirability of these urban neighborhood . Townhome product pricing at the ite will not be as high as pricing for new construction housing product in these neighborhoods. \' hile not far away, the neighborhood of West Highlands and Berkeley are not so close for the project to link with the brand associated with these neighborhoods. These factors suggest the builder must compete by offering a compelling product option at prices lower than prices obtainable for similar products in the 'est Highlands and Berkeley neighborhood . The findings summarized above are consistent with the applicant and builder' description of the likely market for the townhome units . Estimate of Inc re m e ntal Prope r ty T ax es R e sulting from D evelopme nt Based on an average sale price of 200 per guare foot or 250,000 per unit, the build-out value of the project totals 6.5 million. For residential property, this eguates to an assessed value of 517,000. According to as essment records, the current 2012 base assessed value of the 1.4 acres of vacant land is approximately 77 000. The development will accordingly result in 440 000 of additional a e sed value at build -out. Based on the current 2012 property tax rate applicable to the site (8.55 %), thi eguates to annual property tax increment revenue of approximately 37,700 assuming no growth over 20 year . Conservatively a suming that property values do not increase over time, the net present value of the tax increment revenue to the applicant over 20 years is e timated at approximately 213 700. This is based on the applicant's annual discount rate reguirement of 12 percent. If property values increase GRUEN GRUEN +ASSOCIATES P AGE 4 Analysis of Proposed Perrin 's Ro w Townhome Project and Evaluation of Request for Subsidy DRAFT at an average annual rate of three percent over the period, the net present value of tax increment revenue to the applicant would approximate $260,000. Both scenarios indicate that a full rebate of tax increment is not needed to bridge a feasibility gap. However, the applicant would need to receive at least 75 percent of tax increment in order to fully bridge the $200,000 feasibility gap (between the supportable land value and the owner's current reservation price). POLICY IMPLICATIONS AND RECOMMENDATION A full rebate of property tax increment would result in no increment accruing to Renewal Wheat Ridge. The results of the research and analysis summarized in this report indicate that approximately 75 percent to 95 percent of the estimated tax increment resulting from the development of the site would need to be rebated to the land owner/applicant in order for it to: (1) obtain its reservation price (stated land equity) of $650,000; (2) pay the costs of land development; and (3) earn a 12 percent annual return on land contributed to and equity invested in the project. While a property tax increment rebate yielding a present value of $200,000 to the land owner/ applicant is warranted to meet its land reservation price and investment return target, the results of the real estate economic analysis indicate that the reservation price is higher than the land value the proposed project can support. If all of the increment were rebated to the applicant, none of the increment would be available to the municipality to help fund the costs of public services to the residents of the development. In addition, rebating all of the increment could encourage other property owners to maintain reservation prices higher than the land values that feasible developments could support. Therefore, consideration should be given to sharing the property tax increment induced by the development of the project to permit Renewal Wheat Ridge to retain some of the tax increment accruing over the next 20 years an d to provide for funding of municipal services to the development. One approach would be to rebate the first $20,000 of tax increment revenue each year to the applicant, with the balance to be retained by the City /Renewal Wheat Ridge.1 The rebate provision should terminate after 20 years. 1Such an approach would provide for nearly a 50/50 split of increment likely to result from the project. The arrangement would provide some assurance to the land owner that it would receive a minimum threshold in the event that the project does not perform as well as currently anticipated . Adding 17 years of increment revenue following project build- out, at $20,000 per year, to the land owner's net cash flow indicates it would recoup a land value of $560,000 and would achieve its 12 percent annual return requirement on land contributed to and equity invested in the project. GRUEN GRUEN + ASSOCIATES PAG E 5 Analysis of Proposed Perrin 's Row Townhome Project and Evaluation of Request fo r Subsidy CHAPTER II REAL ESTATE ECONOMIC ANALYSIS OF PROPOSED DEVELOMPENT BASED ON DEVELOPER-AND BUILDER-SPECIFIED COST AND REVENUE ASS U MPTIONS PROPOSED DEVELOPMENT PROGRAM Table II-1 summarizes the physical parameters of the proposed townhome development. TABLE 11-1: P HYS ICAL PARAM ETE RS OF PROPO SE D D EVELOPM ENT Land Area 1.37 acres Total Townhome Units 26 Parking Attached garages Density 19.0 units / acre nit Sizes 1,100 -1,500 square feet (r ange) 1,250 square feet (average) Gross Building Space 32,500 square feet Sources: Crosswire lnvesrments LLC; ew Town Builders; Gruen Gruen+ Associates. DRAFT The 1.37-acre site is currently planned to accommodate 26 townhome units in five buildings at a density of approximately 19 units per acre. The project is expected to contain two-and three- bedroom units, with attached garages, generally ranging from 1,1 00 to 1 ,500 square feet in size. The average unit size is estimated at 1,250 square feet. The amount of residential building space is e timated to total 32,500 square feet. REVEN UE PARAMETERS O F PROPOSE D D E VEL OPMENT The applicant and the townhome builder have assumed an average unit sale price of $200 per square foot or 250,000 per unit. As summarized in Table II-2, this equates to total gross sale revenue of $6.5 million for the 26 townhome units. TABLE 11 -2: EST IMATE D UNIT SALE REVENUES Average Unit Size (ft Square Feet) 1,250 Sale Price Per Square Foot 200 ale Revenue Per nit $250,000 Total ale Revenue (26 units) $6,500,000 ources: Crosswire Inves tments LLC; ew Town Builders; Gruen Gruen +Associate s. GRUEN GRUEN+ ASSOCIATES P AGE 6 Analysis of Proposed Perrin's Row Townhome Project and Evaluation of Request for Subsidy DRAFT The builder anticipates an absorption rate of approximately two units per month. At the estimated sale price of $200 per square foot or $250,000 per unit, the finished lot values are estimated at $41,500. A finished lot value is the price a builder can afford to pay a land developer for ready-to- build finished lots. The price the builder can afford to pay reflects the difference in the per-unit sale price and the per-unit vertical cost to build. Based on information furnished by the applicant, Table II-3 summarizes the anticipated timing of finished lot payments (i.e. payments from builder to land developer). TABLE 11-3: FINISHED LoT PAYMENT SCHEDULE Finished Lot Takedowns Lot Price Year 1 Year 2 Year 3 Total i # # # i1 First 8 Lots 57,250 4 4 0 8 Last 18 Lots 34,500 0 8 10 18 Total 41,500 4 12 10 26 Sources: Crosswire Investments LLC; Gruen Gruen + Associates. The land owner/ applicant expects to receive total finished lot payment revenues of $1,079,000 (26 lots x $41,500 per lot) over the course of three years . The payment schedule is weighted so that the first eight finished lots will be purchased for $57,250 per lot and the 18 remaining lots will be purchased for $34,500 per lot. DEVELOPMENT COST ESTIMATES Based on information furnished by the applicant, Table II -4 summanzes an estimate of land development costs, including both hard and soft costs. TABLE 11-4: LAND DEVELOPMENT COST ESTIMATE i Per Square Foot of Land i Per Unit i Total Hard Costs 6.36 14,596 379,500 Contingency (10%) 0.64 1,460 37,950 Construction Management Fee (4%) 0.25 584 15,180 Permits & Entitlement 0.89 2,048 53,260 Otl1er Soft Costs 0.47 1,084 28,186 Total Land Development Cost 8.61 19,772 514,076 Sources: Cross'>vire Investments LLC; Gruen Gruen + Associates. GRUEN GRUEN+ ASSOCIATES PAGE? Analysis of Proposed Perrin 's Row Townhome Project and Evaluation of Request fo r Subsidy DRAFT Hard costs are es timated at approximately $6.36 per square foot of land or $15,000 per townhome unit. The estimated hard costs of 379,500 represent 74 percent of total land development cost. A hard cost contingency of 10 percent is also included, resulting in an additional $1,500 per unit or 38,000 in total. Construction management, entitlement fees, and other soft costs are collectively estimated at $1.60 per square foot of land or · 3,700 per unit. These soft costs represent approximately 19 percent of total land development cost. Table II-5 presents an estimate of vertical development costs, or the total cost to develop the townhome units exclusive of land . These estimates are based on our discus ion with the proposed townhome builder. TABLE 11-5: V ERT ICAL D EVE LOPM ENT COST E STI MATE ~Per Square Foot of Building ~Per Unit ~Total Hard Costs 90 112,500 2,925,000 Soft Costsl@ 20.4% of Sale Revenue 41 51,000 1,326,000 Marketing and Sales2 @ 8.0 % of Sale Revenue 16 20,000 520,000 Builder Profit @ 10.0% of Sale Revenue 20 25,000 650,000 Total Vertical Development Cost 167 208,500 5 ,421,000 1 Building permit fees, impact fees, construction use tax, insurance, warranty reserves, cost of funds, option upgrades, contractor overhead, etc. 2 Costs incurred to sell the wuts, including commissions, closing, marketing, and model. ources: ew Town Builders; Gruen Gruen+ Associates. Total vertical development costs are estimated at approximately 167 per square foot or 208,500 per unit. Hard construction costs are estimated at approximately '90 per square foot of building space or 113,000 per unit. Additional soft costs and the cost of selling the units are estimated at approximately 28 percent of sale revenue or $57 per square foot. This includes permit and impact fees , use tax , in surance and warranty reserves financing, contractor overhead, marketing, model unit, and commission and closing costs. Before builder profit, vertical development costs are estimated at approximately 147 per square foot or 183,500 per unit. According to its representative, ew Town Builders is targeting a 10 percent margin on the ale price of the units; or $20 per s quare foot. Table II-6 summarizes how the applicant and builder have estimated an average finished lot value of 41 ,500. GRUEN GRUEN+ ASSOCIATES P AGE S Analysis of Proposed Perrin 's Ro w To wnhome Project and Evaluation of Reques t for Subsidy DRAFT TABLE II-6: FINISHE D LoT VAL UE E ST IMATE .$.Per Unit .$.Total Gross Sale Revenue 250,000 6,500,000 Cost to Build (Hard and Soft Costs) (163,500) (4,251,000) Cost to Sell and Builder Profit (45,000) (1, 170,000) F inis hed Lot Value 41,500 1,079,000 Sources: New Town Builders; Gruen Gruen + Associates. s summarized previously, the cost to build and sell the units before paying for land is estimated at $208,500 per unit. The gross sale revenues are estimated at $250,000 per unit. Thus, the difference of $41,500 is the finished lot value . F INANCING AND INVESTMENT PARAMETERS The costs of funds (debt and equity) associated with the vertical d evelopment of the townhomes are included in the soft cost estimated presented in Table 5. The builder indicated that these costs are estimated to approximate four percent of sale revenues. The owner/ applicant has indicated that it does not plan to secure a construction loan to fund land development expenditures. Land development will be funded b y equity. The owner/applicant's hurdle rate return requirement is a 12 percent IRR. RES U LTS OF REAL ESTATE ECONOMIC ANALYSIS Based on the developer-and builder-specified assumptions reviewed above regarding costs, revenues, and return expectations, Table II-7 presents an estimate of the residual land value supported by the proposed development program and the net cash flow resulting from land development. GRUEN GRUEN +ASSOCIATES PAG E 9 Analysis of Proposed Perrin's Row Townhome Project and Evaluation of Request for Subsidy DRAFT TABLE 11-7: ESTIMATE OF RESIDUAL LAND VALUE AND NET CASH FLOW Total Year 1 Year2 Year 3 Residual Land Value s (447,306) s (447,306) $ -$ - Land Development: Entitlement $ (53,260) $ (53,260) $ -s - Sitewo.rk / Infrastructure $ (432,630) s (432,630) s -$ - Carrying/ Soft Costs $ (28,186) $ (18,791) $ (9,395) $ - Total s (514,076) s (504,681) s (9,395) $ - Equity Investment $ (961,382) $ (951,987) $ (9,395) $ - Finished Lot Revenue: Tier 1 S57,250 $ 458,000 s 229,000 $ 229,000 $ - Tier2 $34,500 $ 621,000 $ -$ 276,000 $ 345,000 Total S41,500 s 1,079,000 $ 229,000 s 505,000 s 345,000 Cost of Lot Sales 1.00% s (1 0, 790) s (2,290) s (5,050) s (3,450) 2020 Sign Grant $ 15,000 s 15,000 $ -s - Net Revenue $ 1,083,210 $ 241,710 $ 499,950 $ 341,550 NET CASH FLOW $ 121,828 $ (710,277) $ 490,555 $ 341,550 Internal Rate ofReturn (IRR) 12 .0 % Given the applicant's hurdle rate requirement of a 12 percent IRR (highlighted in yellow), Table II-7 above shows that the proposed development program can only support a residual raw land value of approximately $447,000 based on the cost and revenue assumptions specified by the applicant and builder. If the owner were willing to accept the $447,000 as it's land equity contributed to development, the net cash flow resulting from land development would total approximately 122 000 and the applicant/land owner would earn a 12 percent IRR on its equity investment of approximately $961,000. The townhome builder would also receive its 10 percent margin on sale . However, as summarized previously, the applicant/ owner has specified a reservation price of $650,000 for the raw land. This means that, because the development program cannot support a land value of $650,000 under market expectations of the builder, a feasibility gap exists of approximately negative ($203,000). As indicated in Chapter I, the options available are to: (1) wait to conunence development until market conditions and the real estate economic s improve to support a land value egual to the reservation price; (2) wait until the land owner reduces its reservation price; or (3) subsidize the development to bridge the feasibility gap created by the reservation price being higher than the supportable land value. GRUEN GRUEN + ASSOCIATES PAGE10 Analysis of Proposed Perrin's Row Townhome Project and Evaluation of Request for Subsidy DRAFT As summarized in Table II-8, without any subsidy or tax rebate, the economics of the townhome develo pment will not allow the applicant/ owner to achieve the specified 12 percent hurdle rate while returning $650,000 in land equity from development and sale of the finished lots . TABLE Il-8: NET CASH FLOW AND INTERNAL RATE OF RETURN RESULTING FROM LAND DEVELOPMENT IF OWNER IS TO BE CREDITED $650,000 OF LAND EQUITY Total Year 1 Year2 Year3 Land Equity Value $ (650,000) $ (650,000) $ -$ - Land Development: Entitlement $ (53,260) $ (53,260) $ -$ - Sitework I Infrastructure $ (432,630) $ (432,630) $ -$ - Carrying I Soft Costs $ (28,186) $ (18,791) $ (9,395) $ - Total $ (514,076) $ (504,681) $ (9,395) $ - Equity Investment $ (1,164 ,07 6) $ (1,154,681) $ (9,395) $ - Finished Lot Revenue: Tier 1 s 57,250 $ 458,000 $ 229,000 $ 229,000 $ - Tier2 $34,500 $ 621,000 $ -$ 276,000 $ 345,000 Total $41,500 $ 1,079,000 $ 229,000 $ 505,000 $ 345,000 Cost ofLot Sales 1.00% $ (10,790) $ (2,290) $ (5,050) $ (3,450) 2020 Sign Grant $ 15,000 $ 15,000 $ -$ - Net Revenue $ 1,083,210 $ 241,710 $ 499,950 $ 341,550 NET CASH FLOW $ (80,866) $ (912,971) $ 490,555 $ 341,550 Internal Rate ofReturn (IRR) -6.3% GRUEN GRUEN +ASSOCIATES PAGE 11 Analysis of Proposed Perrin's Row Townhome Project and Evaluation of Request for Subsidy CHAPTE R III SENSITIVITY ANALYSIS, REVIEW OF RESIDENTIAL MARKET CONDITIONS, AND PROPERTY TAX INCREMENT ESTIMATE LAND VALU E SENSITIVITY TO UNIT SALE PRICE EXPECTATIONS DRAFT To illustrate the sensitivity of the real estate economic analysis to changes in sales prices, the variable that is more difficult to predict than costs, Table III-1 shows how small changes to unit sale price affect the land value supported by the proposed townhome development program . TABLE 111 -1: LAND V ALUE S ENSIT IVI TY T O SALE PRICE Townhom e Sale Price $200 $210 $215 Per Squa re Per Square Per Square Foot Foot Foot Total Value of Finished Lots $1,079 ,000 $1,303,600 $1,416,000 PercenlaJ..e Cha!IJ..e +21 % +131 % Residual Land Value $447,300 $641,300 $738,000 Pm-enlage Chang e +-14 % +65% ubsidy Required to Meet Reservation Price' $202,700 $8 ,700 so 1 Owner's reservation price of 650,000 less residual land value . Source: Gruen Gruen + Associates The left column of Table III-1 above summarizes the pro forma sale price assumption of the applicant and builder and the land values resulting from that assumption. The results of the real estate economic analysis, holding all other variables but sale price constant, are presented based on a 5.0 and 7.5 percent increase to average per-square-foot sale price of the townhome units. The analysis shows that if sale prices average $210 per square foot (as opposed to $200), the total value of the 26 finished lots would approximate , 1.3 million. In other words, the builder could afford to pay the land developer 1.3 million for the finished lots and still earn its 10 percent profit margin. This in turn would produce a residual raw land value of 641,000 . five percent increase in unit sale price results in a 44 percent increase in residual land value. Essentially, d1e development would be feasible with only minimal subsidy because the residual Land value would be equivalent to the land owner's reservation price of 650,000. If sale prices are even slighdy higher at , 215 per square foot, the residual land value would exceed the owner's reservation price. o ubsidy would be required. SALE PRICE UNCERTAINTY AND RESIDENTIAL MARKET CONDITIONS The townhome builder is uncertain about obtainable unit sale revenues and has assumed a price level that does not result in a project that supports the land payment required by the land developer . If one assumes an average unit sale price of $215 per square foot or approximately 270,000 per unit, holding all other assumptions and estimates the same, the proposed development would be GRUEN GRUEN + ASSOCIATES PAGE 12 Analysis of Proposed Pe rrin 's Row Townhome Project and Evaluation of Request for Subsidy DRAFT financially feasible to complete without any tax rebate. Our interviews with residential real estate brokers, discussion with the builder, inspection of the site and surrounding neighborhoods, and review of secondary data suggest that uncertainty about obtainable sale revenue is a valid concern and risk. A variety of factors contribute to this uncertainty. A significant factor is the lack of comparable, recently -built townhome product in Wheat Ridge near the site. The lack of new construction suggests the proposed development will be pioneering in nature. Table III-2 summarizes a sample of recent townhome sales occurring during the past year in the City of Wheat Ridge within one mile of the site . TABLE 111-2: RECENT TOWNHOME SALES N EAR T H E SITE I N WHEAT RIDGE Unit Size Unit Type Year Sale Price Sale Price 11. Sq Ft Beds/ Baths Built i Per Unit i Per Sq Ft 5920 W 41st 974 2/2 19 70 109 ,000 112 625 7 w 34th 1,493 2/2 1972 205,000 13 7 3451 Fenton #3 880 3/2 1983 82,500 94 3451 Fenton #6 880 2/1.5 1983 13 7,700 156 377 5 Harlan 1,160 3/2 2004 164,425 142 2812 Eaton 840 2/1 19 7 1 120,000 143 Ave rag e 1,038 1981 136,438 131 Sources: Jefferson County Assessor; Gruen Gruen +Associates. Although the sample size is small, the review of recent sales indicates that existing townhome units in Wheat Ridge located within one mile of the site have sold for an average price of $131 per square foot during the past year. The average unit contained 1,038 square feet of living area and was originally built in 1981 . The average sale price for the six units sold was approximately $136,000. Only one of the units sold was less than 10 years old. One 1,160-square-foot three bedroom townhome unit at 3775 Harlan Street, built in 2004, sold in May of 2012 for a price of $164,425 or $142 per square foot. In the context of the small but recent sample of existing townhome sales near the site in Wheat Ridge, a $200 per square foot sale price expectation would be a significant premium over existing older product. Although not recent, a two-unit duplex built in 2009 on 32nd Avenue in Wheat Ridge sold for an average price of $170 per square foot in late 2009 . The units each contained approximately 1,445 square feet of living space with three bedrooms. One of the units is currently listed for sale at a price of$187 per square foot. Neighborhoods east of the site in the City of Denver, such as West Highlands and Berkeley, have experienced a much higher volume of in fill residential development activity. Many of these projects have been small 2-4 unit teardowns of older single-family homes replaced 'vith custom-build townhomes and duplexes or larger mL'\:ed-use redevelopments . Townhome product pricing at the site will not be as high as pricing for new or newer construction housing product in these GRUEN GRUEN+ ASSOCIATES PAG E 13 Analys is of Proposed Perrin 's Ro w Townhome Project and Evaluation of Request for Subsidy DRAFT neighborhoods. Our interviews suggest the site is not sufficiently close to be linked with the brand associated ·with the Highlands and Berkeley neighborhoods; nor is it within walking distance of the activity centers in these neighborhoods that contribute to their desirability as housing locations. In short, the locational image and pricing associated with these neighborhoods has not yet geographically expan d ed to encompass the 38tl1 & Depew site. Each broker with whom we spoke indicated that tl1e site is not perceived to be part of these residential subm arkets; although a motivating factor of home buyers likely to consider the site is proximity to them. To put the sale price expectation of $200 per square foot into perspective Table III-3 presents a summary of townbome sales occurring during the past year in the West Highlands and Berkeley neighborhoods. Each sale was generally located within one mile of the site and only units built since 2000, and containing between 900 and 1,800 square feet, are included in the summary. TABLE 111 -3: RECE N T SALES N EAR THE SITE IN W EST HIGHLANDS AND B E RKELE Y N E IGHBORHOODS O F D E NVE R Average Unit Average Unit Average Sale Average Sale Size Age Price Price ti. Sales ti. Sq Ft #Years S, Per Unit i Per Sq Ft Highlands Garden 5 1,137 12 316,600 278 Village Other Townhomes & 15 1,492 8 382,164 256 Condos Sources: Denver County Assessor; Gruen Gruen + ssociates . The ales data is consistent with our interviews suggesting that new or newer construction units of roughly the same size and quality command sale prices of $250 to 275 per square foot if located one-half mile to one mile east of the site in Denver. Multiple brokers indicated that a discount of 20 percent or more should be anticipated for townhome product at the site relative to pricing in west Denver, particularly if the units are not planned to includ e roof top decks or basements (as many of the infill residential projects in Denver do). Our interviews also suggest that frontage along 38'h Avenue may be of concern to some prospective buyers (because of privacy, noise, and safety concerns), resulting in in the need to price such units below prices for new product in preferred locations in tl1e \'est Highlands and Berkeley neighborhood . Although residential sale prices are clearly rising and the momentum of the West Highlands and Berkeley neighborhoods appears to be moving west, our interviews and review of sale and listing data indicate that the applicant and builde r 's sale price assumption of , 200 per square foot is not unjustified. Although difficult to quantity its effect on prices, the type and quality of housing that exists directly adjacent to the site can be expected to detract from (rather than bolster) the perceived image of the ite. GRUEN GRUEN + ASSOCIATES PAGE14 Analysis of Proposed Perrin's Row Townhome Project and Evaluation of Request for Subsidy DRAFT ESTIMATED PRESENT VALUE OF PROPERTY TAX INCREMENT REVENUE Table III-4 presents an estimate of property tax increment revenue resulting from development. TABLE 111-4: PROJECTION OF PROPERTY TAX INCREMENT REV ENUE No Assessed V al11e Growth 3.0% An11ual Growth Assessed Ta.x Increment Assessed Tax Increment Value 1 Revenue2 Value1 Revenue2 Year ~ ~ ~ ~ 2013 ---- 2014 ---- 2015 517,400 -51 7,400 - 2016 517,400 3 7,655 532,922 37,655 201 7 51 7,400 3 7,655 548,910 38,982 2018 517,400 3 7,655 565,3 77 40,349 2019 51 7,400 37,655 582,338 41,75 7 2020 517,400 3 7,655 599,808 43,20 7 2021 517,400 3 7,655 61 7,803 44,701 2022 51 7,400 3 7,655 636,337 46,239 2023 517,400 3 7,655 655,427 47,824 2024 51 7,400 3 7,655 67 5,090 49,456 2025 517,400 37,655 695,342 51,13 7 2026 51 7,400 37,655 7 16,203 52,868 2027 51 7,400 3 7,655 737,689 54,652 2028 517,400 3 7,655 7 59,819 56,489 2029 51 7,400 3 7,655 782,614 58,381 2030 51 7,400 3 7,655 806,092 60,330 2031 517,400 3 7,655 830,275 62,33 7 2032 517,400 37,655 855,183 64,404 Cumulative Tax 640,138 850,767 lncrement~omtnal) Net Present Value of Tax Increment to Applicant @ 213,700 260,200 12% Annual Discount Rate Net Present Value ofT ax Increment to URA@ 6% 351,100 445,400 Annual Discount Rate 1 Based on built-out market value of $6.5 million and residential assessment rate of 7 .96 percent. 2 Based on 2012 property tax rate of 8.55 percent and 2012 base assessed value for the land of 76,963 (per Jefferson County A sse ssor records). Sources: Jefferson County Assessor; Gmen Gmen + Assocjates . Based upon a build-out market value of $6 .5 million for the 26 units, or $250,000 per unit, the assess ed value is e s timated at $517 ,400. This i s based on the 2012 residential assessment rate of 7 .96 p e rce nt. If v alu es increase at an average annual rate of three percent, the as sessed v alue of the d evelopment wo uld g row to approximately $850,000 by the e nd of the 20 -year period. GRUEN GRUEN + ASSOCIATES PAG E 15 Analysis of Proposed Perrin 's Row Townhome Project and Evaluation of Request fo r Subsidy DRAFT Conservatively assuming no increase in property value over time, annual property tax increment is estimated at $37,655 . Over 20 years, this equates to cumulative property tax increm ent revenue of approximately $640,000 on a nominal basis. The net present value of the tax increment revenue to the applicant over 20 years is estimated at approximately 213,700. This is based on the applicant's annual discount rate of 12 percent. If property values increase at an average annual rate of three percent over the period, the cumulative property tax increment revenue would total approximately · 851,000. The net present value of tax increment revenue to the applicant would approximate 260,000. Table III-4 above also summarizes the present value of tax increment revenue forgone by Renewal Wheat Ridge if it were to rebate 100 percent of the tax increment to the applicant. These estimates are based on a lower annual discount rate of six percent (to reflect a lower borrowing rate for a municipality). If no property value growth is assumed, Renewal Wheat Ridge would forgo approximately $351,000 in revenue on a present value basis. If values grow at three percent annually, the present value of forgone revenue would approximate 445,000. GRUEN GRUEN + ASSOCIATES PAGE 16 Gruen Gruen + Associates (GG+ A) is a firm of economists, sociologists, statisticians and market, financial and fiscal analysts. Developers, public agencies, attorneys and others involved in real estate asset management utilize GG+ A research and consulting to make and implement investment, marketing, product, pricing and legal support decisions The finn's staff has extensive experience and special training in the use of demographic analysis, survey research, econometrics, psychometrics and financial analysis to describe and forecast markets for a wide variety of real estate projects and economic activities. Since its founding in 1970, GG+A has pioneered the integration of behavioral research and econometric analysis to provide a sound foundation for successful land use policy and economic development actions. GG+ A has also pioneered the use of economic, social and fiscal impact analysis. GG+ A impact studies accurately and comprehensively portray the effects of public and private real estate developments, land use plans, regulations, annexations and assessments on the affected treasuries, taxpayers, consumers, other residents and property owners. DE 'ER: (720) 583-2056 denver@ggassoc.com Cine GO: (84 7) 317-0634 midwest@ggassoc.com SA FRA CISCO: (415) 433-7598 sf@ggassoc.com ~ '# ....... ~ City of JP'WheatR.gge ITEM NO: __1..:_ DATE: March 25 ,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE AWARD OF RFB-13-12, FOR PURCHASE OF 38TH A VENUE BANNER POLES, TO WESCO DISTRIBUTION, DENVER, CO, IN THE CONTRACT AMOUNT OF $36,580 D PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING QUASI-JUDICIAL: D YES :;;::~ Public Works Director City Manager ISSUE: City staff is preparing the next incremental improvements as part of implementing the 38th Avenue Corridor Plan adopted by City Council in October, 2011. The 38th Avenue improvements project for 2013 consists of banner poles installation, roadway striping and landscaping enhancement. The banner poles are being purchased at this time because of the long lead time required for fabrication and delivery (12-14 weeks). A contractor will be selected for installation of the poles within the next 60 days. Through procurement, the City received a bid, which then was evaluated, and a firm was selected to provide these poles. WESCO Distribution was selected to furnish four banner poles at a cost of $36,580. PRIOR ACTION: The proposed 38th Avenue banner poles installation project was discussed at the February 25, 2013 City Council Study Session. FINANCIAL IMPACT: Funding for the purchase of the banner poles has been approved in the Revitalization Projects line item of the 2013 Capital Investment Program budget in the amount of $100,000. This Council Action Form March 25 , 2 013 Page2 budgeted amount also includes the banner pole installation, roadway striping and landscaping enhancement. The costs associated with this contract will be paid from account number 30-303- 800-892 , and these funds will be encumbered for the length of the project in accordance with Ordinance #787 , 1989 Series. BACKGROUND: Bids for the RFB-13-12 , 38th Avenue Banner Poles purchase were opened on March 12 , 2013. One bid was received. The bid met the initial bid requirements and was within budget, established at a range between $30 ,000 and $40,000. The apparent low bidder is WESCO Distribution, Denver, CO , with the bid amount of $36 ,580. Award is based on the lowest responsive and responsible bid that meets all of the bid requirements , is qualified to manufacture the poles , and is within budget. The bid is to furnish four banner poles with cable and pulley systems to hang banners across 38t h Avenue in the vicinity of Teller Street and Ames Street. A separate contract will be used to procure the installation , including foundations , of the poles. RECOMMENDATIONS: Based upon the contractor's demonstrated capabilities and performance on previous projects , and a price within the budget, staff recommends the bid be awarded to WE SCO Distribution. RECOMMENDED MOTION: "I move to approve the award RFB-13-12 , for purchase of 38th Avenue Banner Poles to WESCO Distribution, Denver, CO, in the contract amount of $36 ,580 ." Or, "I move to deny the award ofRFB-13-12, for purchase of381h Avenue Banner Poles to WESCO Distribution, Denver, CO, for the following reason(s) " REPORT PREPARED/REVIEWED BY: Report Initiated by: Steve Nguyen , Engineering Manager Report Prepared by: Tim Paranto , Director of Public Works Reviewed by: Jennifer Nellis , Purchasing Agent ATTACHMENTS: 1. Bid Proposal BIDDER INFORMATION FORM SIGNATURE PAGE-SUBMIT THIS PAGE WITH YOUR BID RFB-13-12 BANNER POLES BID DUE DATE: TUESDAY, MARCH 12,2013 BY 1:00PM OUR CLOCK SEALED BIDS MUST BE MAILED OR DELIVERED TO: City of Wheat Ridge Municipal Building Attention: Jennifer Nellis, CPPB BID -Purchasing & Contracting Division 7500 W 29th Avenue Wheat Ridge, CO 80033 IMPORT ANT: PLEASE READ ENTIRE DOCUMENT FEIN/SSN (Required)___;:2:;.;;5-'-1::..;7....::2;..::3~34~5'-7-:-~:---:,.-----------F.O.B.: DESTINATION Federaii .D. Number DELIVERY (upon receipt of order) Shipment 12-14 After Receipt of Submitt~~RMS: Net 30 Specify days or weeks, include shipping time COMPANYNAME _____ W __ ES_C_O __ D_i~_r_ib_u_t_io_n __________________________________ __ ADDRESS _______ 1_1_3_3_3_E_as_t_S_5_th_A_v_e __________________________ __ CITY/STATEIZIP ______ o_e_n_v_er_,_c_o_s_o_2_3_9 _______________________ _ PHONE 303-217-7517 FAX 303-217-7535 CLEARLY TYPE/PRINT NAME George E.Nord~rom AUTHORIZED SIGNATURE OF_P_E-RS-0--'N=-AB-O_VE_W--~--~--~--ru.......--j+tt;...--~----- TITLE Account Rep EMAIL gnordst168@aol.com ACKNOWLEDGE ADDENDUM: Bidder is responsible for confirming receipt of each addendum, please initial. #1 __ x __ #2 ___ _ #3 _____ _ #4 ___ _ DO YOU ACCEPT VISA FOR PAYMENT WITHOUT ADDITIONAL FEES? _Y_e_s ------ DO NOT CONTACT THE USER DEPARTMENT OR MEMBERS OF THE EVALUATION COMMITTEE. POINT OF CONTACT: Jennifer Nellis, Purchasing Agent, jnellis@ci.wheatridge.co.us or fax 303-234-5924 or 303-235-2811. No oral, facsimile or telephone bids or modifications will be accepted as a sealed bid . Signature acknowledges that Bidder has read the bid documents thoroughly before submitting a bid and will fulfill the obligations in accordance to the terms, conditions and specifications without collusion with any individual or firm. Do not submit more than one bid from your firm or both bids will be disqualified. Bid must be signed. RfB·I3·12 BANNER POLES 9 Attachment 1 CITY OF WHEAT RIDGE, CO CERTIFICATION STATEMENT FOR ILLEGAL ALIENS, COMPLIANCE TO HB 1343 SUBMIT THIS FORM WITH YOUR BID The Vendor, whose name and signature appear below, certifies and agrees as follows : 1. The Vendor shall comply with the provisions of CRS 8-17.5-101 et seq. 2. The Vendor shall not knowingly employ or contract with an illegal alien to perform work under this purchase order or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien . 3. The Vendor represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, or (ii) otherwise shall comply with the requirements of CRS 8-17 .5-102(2)(b)(l). 4. The Vendor shall comply with all reasonable requests made in the course of an investigation by the Colorado Department of labor and Employment. If the Vendor fails to comply with any requirement of this provision or CRS 8-17 .5-101 et seq., the City may terminate the above referenced purchase order for breach and the Vendor shall be liable for actual and consequential damages to the City of Wheat Ridge. CERTIFIED and AGREED to this _1_2 __ day of March '20_1_3 __ BID NUMBER: RFB-13-12 FIRM: _______ W~E~S~C~O~d~is~t_ri_bu~t~io~n~~------------------------------------------------- (Print Full Legal Name) PrintName: ____ G ___ eo_r~g_e_E_._N_o_rd_~ ___ ro_m ___________________________________________________ ___ Print Title : Account Rep Date: March 12, 2013 Attestation: (A corporate attestation is required.) BY: Diana Lupfer Corporate Secretary or Equivalent Place corporate seal here, if applicable RFB-13·12 BANNER POLES 10 RFP-13-12 Banner Poles CERTIFICATION of NON-COLLUSION The undersigned certifies under the penalties of perjury that this proposal, in response to RFP-13-12 , is in all respects bona fide , fair and made without collusion or fraud with any other person. As used in this certification, the wori< "person" shall mean any natural person , joint venture, partnership , corporation or other bus iness or legal entity. WESCO Distribution Name of Respondona::m) ~~ sia&-of Authorized Agent George E. Nordstrom Printed Name of Authorized Agent and Title March 12, 2013 Date RfB.lJ.l2 BANNER POLES II ATIACHMENTA SUBMIT THIS FORM WITH YOUR BID RFB-13-12 BANNER POLES PRICE LIST AND CHECK LIST BID PER THE SPECIFICATIONS OR EQUAL. EQUAL MUST MEET OR EXCEED SPECIFICATIONS. The City makes the sole determination if a product is an equal or not. The City may purchase additional units at the same bid prices within a reasonable length of time. PRICE SHALL INCLUDE All EQUIPMENT, PRODUCT, ASSEMBLY INSTRUCTIONS AND DELIVERY. INSTALLATION NOT REQUIRED. FOB DESTINATION, freight included. PROVIDE QUICKEST DELIVERY TIME WITHOUT EXTRA CHARGES. PREFER DELIVERY BY AUGUST 2, 2013. Bidders that can meet this delivery date will be considered first. Intent is to award to one vendor. Bidders are encouraged to bid on all items for total cost savings. This bid may be awarded to multiple vendors based on "item by item". AWARDED VENDOR MUST PROVIDE CERTIFICATE OF INSURANCE PRIOR TO START OF WORK, SEE AITACHED REQUIREMENTS. BIDDER IS RESPONSIBLE FOR ACCURATE MEASUREMENTS. NO DOCK AREA FOR DELIVERY PURPOSES. PROVIDE YOUR RESPONSES TO THE FOLLOWING QUESTIONS. YOU MAY AITACH ANOTHER SHEET WITH FURTHER EXPLANATION IF NEEDED: ~ QTY PAYITEM PAY UNIT UNIT PRICE TOTAL PRICE 1 4 Banner Standards (Furnish Only) Each $ 7,815.00 $ 31,260.00 2 2 Cable and Pulley System Each $ 2,660.00 $ 5,320.00 Please see attached "Notes, Comments & Clarifications" DELIVERY, SHIPPING, & HANDLING (IF ANY) $ 00.00 Frt PPD & Allowed TOTALDEUVEREDPRICE $ __ 3_6~,5_8_0._0_0 ______________________ ___ CASH OR ANY OTHER DISCOUNTS __ N_o_n_e ______________ _ YOUR REFERENCE NUMBER, IF APPLICABLE------------------ IF BIDDING AN EQUAL, STATE MANUFACTURER AND MODEL INCLUDE DETAILED SPECIFICATIONS. IT WILL BE THE SOLE RESPONSIBILITY OF THE CITY TO DETERMINE IF AN ITEM IS EQUAL TO THE SPECIAED ITEM OR NOT. CLEARLY STATE ALL WARRANTIES IN DETAIL AND LENGTH OF TIME. CHECK LIST: DID YOU INCLUDE THE FOLLOWING DOCUMENTS WITH YOUR BID? MARK RESPONSE. BIDDER INFORMATION FORM YES X ILLEGAL AUEN COMPLIANCE X ATTACHMENT A X NO FIRM SUBMimNG THIS BID WESCO Distribution ------------------------ MUST SUBMIT "ATIACHMENT A" PRICING AND CHECKLIST WITH BID ATTACHMENT B RFB -13-12 BANNER POLES 13 WESCO Distribution 11333 East 55th Ave . Denver, CO 80239 WESCO Bid#: RFB-13-12 Subject: Banner Poles Notes. Comments. & Clarifications 1. Poles are designed to 90 MPH 2. Banners not to exceed 4'x50' in size. 3. Poles are galvanized and painted. 4. Customer to select a finish. STJtas-v-n . 5. No installation or assembly is included. 6. Allow 12-14 weeks for shipment 7. Banners are not included. 8. Cable system final assembly by others. 9. GFCI Receptacle and cover by others. 10. Cable span not to exceed 70'. 11. No lighting is included. 12. No electrical wiring is included. George E. Nordstrom WESCO Distribution Cell: (970)-690-4253 E-mail: gnordst168@aol.com March 12, 2013 o· 26'- 2 4'-o" I 22" I 23'-6" r·· II~ ~ 19'-0" 1~· _1 r. _.a_ !'-FORGED EYEBOL I V"FORGE EYEBOL A 0 I j TOP PlATE XA4-180-12-M-BZ-GM (SEE DETAIL) G.t.IN MOUNT {GM) SEE·~· 1 1/4" COUPUNG EXTRA HANDHOLE W/ "J"-HOOK CHANNEL 4" X SECDON A-A TO BE CIRCUMfERENTIALLY WELDED TO POLE SHAFT ~--------------58"--------------~ 12"~12" • • XA+-180-12-M-BZ-GM DETAIL ~16 SIDED TAPERED SHAFT (1 6.0" X 11.84" X .375" X 26.0') /; 4" X 6 1 /2" HANDHOLE (SEE DETAIL) ~ v NUT COVERS (NC) (SEE DETAIL) SPECIAL BASE PlATE (SBP) (SEE DETAIL) {6) ANCHOR BOLTS (2 1/4" X S.") THREADED END G.t.LV. A MIN . OF 9". MATERIAL SPECifiCADONS: POLE SHAFT: COMM. GRADE STEEL, 65 K.S.I. MIN. YIELD. BASE PLATE: ASn.t AJ6, 36 K.S.I. MIN. YIELD. ANCHOR BOLTS: ASllA F1554, 55 K.S.I.MIN. YIELD. EYE BOLT: ASllA A489, HOT DIP GALVANIZED. ENDRE STANDARD TO BE HOT DIP GALVANIZED IN ACCORDANCE WITH ASn.t A123. ENDRE STANDARD TO HAVE A THERMOSET POLYESTER POWDER COADNG IN ACCORDANCE WITH WJM COADNG STANDARDS. FINISH COLOR TO BE SPECIFIED. (F') B.t.CK-UP B.t.R (WEUlED m '"'"' mE PLA 1E ~ OF POLE SHAFT) 29 7/16" BASE PLATE WELD DETAIL GROUND PROVISION W/ 5/16-18 X 1/2" SET SCREW .,. CITY OF WHEAT RIDGE SX1600037526-G/F-GM-SBP-NC W/XA4-180-12-M-G/F-GM W/ HEAV!' HEX NUTS &< FlAT & LOCK WASHERS . 2"-j r- SPEC!AL BASE PLATE DETAIL Na m e : Ba n n e r Po l e Ci t y of Wh e a t Ri d g e , CO 1 - ; . - T\ -- . -- - - · - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - · - - · " F j - · ! _ _ ·- · - · - - - · - · - - · - - - - - - - - ~ - - - - - · - - - - - - - .. . -- - -~ ,. I ' I ~J I \. . Mo u n t a i n States Lil!hting 1•.u . e. .. ~.l ·..ar...-,,·o ~M»'l\ IJO.IOI.II-..._11 ~ ~ ~ .... " ~ r City of • ?WheatRi_dge ITEM NO:~ DATE: March 25 ,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE ANNUAL SUPPORT AND LICENSING RENEWAL FOR THE CARTEGRAPH SYSTEM IN THE AMOUNT OF $43,653 TO CARTEGRAPH, INC. D PUBLIC HEARING [8J BIDS/MOTIONS 0 RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING . ~:)~YES .lk----1-• 11g-' Administrative Services Director ISSUE: The proposed annual renewal of licensing and support of the existing Carte graph program and the associated modules are necessary to maintain the software for the City. The annual renewal of licensing and support will cost $43,653 which was approved in the 2013 IT Budget. This package is all inclusive for licensing and technical support services. It includes software upgrades and bug fixes and patches, plus technical support to implement these software enhancements and fixes. PRIOR ACTION: Council approved the 2012 Annual Support Agreement. FINANCIAL IMPACT: $43,653 budgeted in the 2013 IT Budget BACKGROUND: Currently, the Cartegraph System has several modules available that the City uses. These are Sign View (Sign Inventory), Pavement View (pavement conditions-inventory), Versa View (service requests), Storm View (storm water asset inventory), Marking View V :\Forms\CAFtemplate Council Action Form March 2 5,2013 Page 2 (pavement markings condition), Tree View (tree inventory), Park View (park equipment inventory), Fleet (fleet maintenance) and GIS integration. In early 2012 the City completed a major upgrade to the software from Cartegraph . Support and Maintenance was required to receive the upgrade. The continued renewal of the annual licensing and support contract is necessary to maintain and keep the Cartegraph software up to date. RECOMMENDATIONS: Staff recommends approval of the annual renewal for the Cartegraph system . RECOMMENDED MOTION: "I mo ve to approve the annual support and licensing renewal for the Cartegraph system to Cartegraph , Inc. in the amount of$43 ,653. Or, "I move to deny the approval of the annual support and licensing renewal for the Carte graph system to Cartegraph Inc. in the amount of$43 ,653 for the following reason(s) " REPORT PREPARED AND REVIEWED BY: Michael Steinke, IT Manager Heather Geyer, Administrative Services Director ATTACHMENTS: 1. Cartegraph Invoice # R-08529 Cartegraph Bill To: 3600 DIGITAL DRIVE DUBUQUE lA 52003 FEIN: 42-1419553 City of Wheat Ridge Mike Steinke 7500 W 29th Ave Wheat Ridge CO 80033-800 I Billing que stio ns call Kevin at 800-688-2656 x5298 or kevinkline @cartegraph.com Support Exp Date Customer ID Payment Terms 6/6/2013 WHEATCJCO Net 30 Item Number Modules Covered DA T ABASESRLOOOO Database Securitv Suooort Renewal FLEETEXTRENEW AL Fleet for WORKdirector Suooort FLEX UBRENEW ALO FLEXlicense UB Renewal MODIFYSUPPORTSR Modification Suooort Renewal 877 901 902 1244 Invoice# Date Page: R-08529 2/18/2013 LICENSEE (if different than above) Qty Unit Price Extended Price 1.00 $1 590.00 $1 590.00 1.00 $540 .00 $540.00 22.00 $] 630.00 $35 860.00 1.00 $4 763 .00 $4 763.00 PARKOEXTRENEWAL Parks & Plaverounds Extension for VERSAtools Suooort Servic 1.00 $450 .00 $450.00 TREEOEXTRENEW AL Tree Extension for VERSA tools SuppJ:>rt Service Renewal 1.00 $450.00 $450.00 ACH lnfonnation : E-mail Remittance to: achremit@cartegraph.com ROUTING NUMBER: 07392265 2 Subtotal $43,653.00 ACCOUNT NAME : Cartegraph Systems, lnc Sales Tax $0.00 PREMIER BANK 2625 NW ARTERIAL DUBUQUE, lA 52002 ACCOUNTNO.: 90122410 Total $43,653.00 Credit card payments: http://www.cartegraph.com/payments Please note the invoice # from above with payment. This renewal notice is being sent to remind you that your maintenance, subscription or support agreement will expire on the support expiration date listed above. To continue your agreement without interruption please return payment within 30 days. If the agreement lapses the renewal will be the list price plus a 40% fee. Attachment 1 ... ~ '~ .. ~ r City of • ?WheatRi._dge ITEM NO: <3. DATE: March 25,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE PURCHASE OF THE 2013 VEIDCLE REPLACEMENTS AND ACCESSORY EQUIPMENT IN AN AMOUNT NOT TO EXCEED $167,361 D PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING QUASI-JUDICIAL: D YES J_.-" ~--·% Director of Public Works ISSUE: Staff recommends the purchase ofthe following vehicles under the State of Colorado Price Agreements: One (1) 2013 Dodge Durango All Wheel Drive SSV One (1) Large 2013 Ford F-150 XL, 4x4, Crew Cab Pickup One (1) Large 2013 Chevrolet 1500 Cargo Van One (1) Large 2013 Ford F-150, 4x4, Extended Cab Pickup One (1) Large Chevrolet Silverado 2500, 4x4, Extended Cab Pickup with Plow Package One (1) 2013 Chevrolet Silverado 3500 4x4 Cab & Chassis with Dump Bed Body Package Total Cost: $ 26,669/ea. $ 26,915/ea. $ 17,510/ea. $ 22, 766/ea. $ 28,195/ea. $ 31,306/ea. $153,361 Staff also requests approval to purchase, install and/or relocate auxiliary equipment required for the operation of the replacement vehicles along with installation of lighting, markings and communication equipment at a total cost of$14,000. The total expense ofthe vehicles, including preparation for use, is not to exceed $167,361. Council Action Form March 25 , 2013 Page2 PRIOR ACTION: On February 11 , 2013 , Council moved to discuss this matter at a Study Session. The fleet purchase was placed on the February 25 , 2013 regular meeting agenda. At that meeting, Council moved to discuss the Vehicle Replacement Policy at a study session. At the March 18 Study Session Council was of the consensus to consider the fleet purchase at another regular City Council Meeting. FINANCIAL IMPACT: The funds for these purchases are budgeted in the 2013 Public Works Department General Fund Budget, Account Number 01-303-800-807 , Fleet Replacement. The combined total budget for the cost of vehicles and large equipment, including the cost of the transfer, purchase and installation of new and used equipment, lighting, markings, communications, and other miscellaneous equipment is $385 ,000. BACKGROUND: The annual review of the City fleet of vehicles and major equipment identified 33 vehicles and 11 pieces of heavy equipment that should be replaced. The City vehicle and equipment replacement policy, revised by the City Council in 2011 , was utilized to determine replacement eligibility. Financial restraints have limited the budget dedicated to vehicle and equipment replacement for several years and each year un-funded vehicle requests have grown. This year seven vehicles are programmed for replacement, leaving approximately $2 million in high- mileage or outdated vehicles and equipment in the fleet. Vehicle repairs, maintenance, and down time are ex pected to continue to increase as the fleet ages. RECOMMENDATIONS: Staff recommends the purchase of the following vehicles this year: One (1) new model year 2013, mid-size, Dodge Durango SXT all-wheel drive, special services utility vehicle (SUV) will be purchased from Colorado Springs Dodge, Colorado Springs , Colorado, to replace one (1) existing high mileage 2001 Honda Accord , unit 23 , in the Investigations Division of the Police Department. The new Durango will be assigned to the Police Chief and his current 2006 Chevrolet Trail Blazer will be assigned to the Investigations Division to replace the unit 33. This rotation will assist in balancing the mileage on vehicles and prov ide an additional four wheel drive vehicle in the Police Department. One (1) new model year 2013 , large, Ford F-150 XL, 4x4, crew cab pickup will be purchased from Sill-Terhar Motors , Inc., Broomfield, Colorado , to replace one (1) existing, high mileage 2007 Ford F-150 XL, 4x4 pickup , unit 4 , in the Special Investigations Division of the Police Department. One (1) new model year 2013 , large, Chevrolet Express 1500 Cargo Van will be purchased from Dellenbach Motors, Ft. Collins, Colorado, to replace one (1) existing, high mileage 1998 Chevrolet Cargo Van, unit 77 , in the Investigations Division ofthe Police Department. One (1) new model year 2013 , large, Ford F-150 XL, 4x4, extended cab pickup will be purchas ed from Sill-Terhar Motors, Inc., Broomfield, Colorado, to replace one (1) existing, high Council Action Form March 25 , 2013 Page 3 mileage 1993 , small , Chevrolet S-1 0 pickup, unit 100, in the Maintenance Division of the Parks and Recreation Department. One (1) new model year 2013 , large, Chevrolet Silverado 2500, 4x4 extended cab pickup with a plow package will be purchased from Dellenbach Motors, Ft. Collins, Colorado , to replace one (1) existing, high mileage 1997 , large, Chevrolet K2500 , 4x4 pickup, unit 302 , in the Maintenance Division of the Parks and Recreation Department. One (1) new model year 2013 , large Chevrolet Silverado 3500, 4x4 cab and chassis with a dump bed body package will be purchased from Dellenbach Motors, Ft. Collins, Colorado, to replace one (1) existing, high mileage 1994 Chevrolet 3500 cab and chassis with a dump bed body package, unit 315 , in the Maintenance Division of the Parks and Recreation Department. All of the vehicles listed above will be purchased through the Colorado Price Agreements. All of the vehicles being replaced will be disposed of by auction. The estimated cost of auxiliary equipment, decals, and miscellaneous items for the special services SUV, cargo van, and three pickups is $13 ,000. The estimated cost of decals and miscellaneous items for the cab and chassis truck with a dump bed body is $1 ,000. The total cost of all the auxiliary equipment, decals, markings, and equipment will not exceed $14,000. The asphalt paving patch truck is also budgeted for replacement this year. A specific request for bids will be prepared for this purchase. RECOMMENDED MOTION: "I move to approve the purchase of the 2013 vehicle replacements and accessory equipment for a total cost of$153 ,361." "I further move to approve the expenditure of the not-to-exceed amount of $14,000 for the purchase, installation, and/or relocation of auxiliary equipment for the operation of the vehicles along with the installation of markings and communication equipment." Or, "I move to deny the approval of the purchase of the 2013 vehicle replacements for the follow ing reason( s): " REPORT PREPARED/REVIEWED BY: Report Initiated by: Greg Knudson, Operations Manager Report Prepared by: Tim Paranto, Director of Public Works Reviewed by: J ennifer N e lli s, Purchas ing Agent ATTACHMENTS: I. V ehicle Price Summari es CITY OF WHEAT RIDGE Specifications for one (1) Police Dept.-Medium, AWD SUV (Replacement for Unit #23) February 11, 2013 BASED ON 2013 STATE OF COLORADO PRICE AGREEMENT #07000YYY86M Base vehicle as bid: 2013 Dodge Durango SXT, 5.7L V-8 , All Wheel Drive, Special Services Utility Vehicle : $29,040.00 Standard Specifications Body Code: K8 Exterior Color: Maximum Steel Metallic Clear Coat Interior Type: Standard, Matching Cloth Fuel Type : Unleaded Gasoline Factory Option Additions None Total Price of Factory Options: Factory Option Deductions $ 0.00 Special Service Durango Without State Patrol Upfits <$ 2,371.00> Total Price of Vehicle Only with Selected Factory Options/ Deletions: $26,669.00 Attachment 1 CITY OF WHEAT RIDGE Specifications for one (1) Police Dept.-Large, 4x4, Crew Cab Pickup (Replacement for Unit #4) February 11, 2013 BASED ON 2013 STATE OF COLORADO PRICE AGREEMENT #07000YYY84M Base vehicle as bid: 2013 Ford F150 XL, 1/2 Ton, 4x4, Crew Cab Pickup: $18,573.00 Standard Specifications Body Code: F2 Exterior Color: UX, Ingot Silver Interior: CS, Matching Cloth Fuel Type: Unleaded Gasoline Factory Options 097 Crew Cab (4 Doors), 5-1/2 foot bed 99F 5.0L V-8 Engine 520 Power Locks/Windows/Mirror-Keyless Entry Package Total Price of Factory Options: Total Price of Vehicle Only with Selected Factory Options: $ 6,380.00 $ 812.00 $ 1,150.00 $8,342.00 $26,915.00 CITY OF WHEAT RIDGE Specifications for one (1) Police Department-Large, 1/2 Ton Cargo Van (Replacement for Unit #77) February 11, 2013 BASED ON 2013 STATE OF COLORADO PRICE AGREEMENT #07000YYY91 M Base vehicle as bid: 2013 Chevrolet Express 1500, Cargo Van: Standard Specifications Body Code: C2 Exterior Color: SOU, Summit White Interior: Standard, Matching Cloth Fuel Type: Unleaded Gasoline Factory Options 403 Rear Window Defroster 430 PCKG: Towing/RCVR Hitch 520 Power Door Locks 530 Power Windows Total Price of Factory Options: Total Price of Vehicle Only with Selected Factory Options: $16,095.00 $ 425.00 $ 265.00 $ 250.00 $ 475.00 $ 1,415.00 $17,510.00 CITY OF WHEAT RIDGE Specifications for one (1) Parks & Recreation Dept.-Large, Light Duty, 4x4 , Extended Cab Pickup (Replacement for Unit #1 00) February 11 , 2013 BASED ON 2013 STATE OF COLORADO PRICE AGREEMENT #07000YYY84M Base vehicle as bid : 2013 Ford F150 XL , 3.6L , 1/2 Ton, Extended Cab, 4x4, Pickup: $18,573.00 Standard Specifications Body Code: F2 Exterior Color: YZ, Oxford White Interior: CS, Matching Cloth Fuel Type: Unleaded Gasoline Factory Option Additions 099 Extended Cab , Short Bed (6.5 feet) 420 Bed liner-Full Molded+ Tailgate 423 Tool Box-Across Bed , Gull Wing 429 Trailer Brake Control-Electric 430 PCKG : Towing RCVR Hitch 443 PKG: Strobe Light Total Price of Factory Options: Total Price of Vehicle Only with Selected Factory Options: $2 ,513 .00 $ 275 .00 $ 375.00 $ 230 .00 $ 375.00 $ 425.00 $4,193.00 $22,766.00 CITY OF WHEAT RIDGE Specifications for one (1) Parks & Recreation Dept.-Large, Extended Cab, 4x4 Pickup With Plow (Replacement for Unit #302) February 11, 2013 BASED ON 2013 STATE OF COLORADO PRICE AGREEMENT #07000YYY91 M Base vehicle as bid: 2013 Chevrolet Silverado 2500,3/4 Ton, 4x4, Pickup: $20,661.00 Standard Specifications Body Code: F3 Exterior Color:50U, Summit White Interior: Standard, Cloth Matching Fuel Type: Unleaded Gasoline Factory Options 098 Extended Cab-Long Bed 423 Tool Box-Across Bed Box, Gull Wing Double Lid 430 Package: Towing/RCVR Hitch 438 Package: Meyer Standard Series Snowplow With All Steel Moldboard (7-1/2 foot blade) 443 Package: Whelen Roof Strobe Light 468 Spray-In Bedliner-Overrail Total Price of Factory Options: Total Price of Vehicle Only with Selected Factory Options: $ 1,824.00 $ 350.00 $ 485.00 $4,065.00 $ 335.00 $ 475.00 $7,534.00 $28,195.00 CITY OF WHEAT RIDGE Specifications for one (1) Parks & Recreation Dept.-Large , 4x4 Cab & Chassis With Dump Body (Replacement for Unit #315) February 11 , 2013 BASED ON 2012 STATE OF COLORADO PRICE AGREEMENT #07000YYY91 M Base vehicle as bid: 2013 Chevrolet Silverado 3500, 1 Ton, 4x4: $23,141.00 Standard Specifications Body Code: T1 Exterior Color: 50U , Summit White Interior: Matching, cloth Fuel Type : Unleaded Gasoline Factory Options 429 Trailer Brake Control 430 Package : Towing/RCVR Hitch (includes wiring harness) 443 Package: Roof Strobe 481 Dump Bed Body & Dual Rear Wheels Total Price of Factory Options: Total Price of Vehicle Only with Selected Factory Options: $ 230.00 $ 650.00 $ 335.00 $6,950.00 $ 8,165.00 $31,306.00