HomeMy WebLinkAboutCouncil Packet 04/25/2011
6:30 p.m. Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING April 25. 2011 7:00 p.m. Individuals with disabilities are encouraged
to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance of a meeting
if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF April 11. 2011 PROCLAMATIONS AND
CEREMONIES Proclamation for Arbor Day Proclamation for Municipal Clerks Week 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 .1. CONSENT AGENDA A. Motion to approve payment to Buyboard Cooperative in the amount of $136,305 for a prefabricated, permanent restroom structure
to be located in Discovery Park. B. Motion to approve payment of Murray Dahl Kuechenmeister & Renaud LLP March 2011 Invoices for Legal Services in the amount of $31 ,447.40. C. Motion
to approve payment of Deepwater Point Company's March invoices for Real Estate Consulting Services rendered in connection with the Clear Creek Crossing Development in the amount of $19,175.94.
CITY COUNCIL AGENDA: April 25, 2011 Page -2-D. Motion to award RFB-11-20 for Traffic Signal Equipment to various vendors at a total cost of $30,306.00. E. Motion to award RFB-11-19,
Police Patrol Motorcycle, to Foothills BMW of Lakewood, CO., at a total cost of $30,767.65. F. Motion to approve award of ITB-11-02 (Overlay Project) to Brannan Sand and Gravel, Denver,
CO, in the contract amount of $1 ,267,358.75 and to approve a contingency amount of $126,736.00. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2A. Council Bill 08-2011 -approving
the Annexation of Land Located in Sections 19 and 20, Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado (Case No. ANX-11-01fTable
Mountain Animal Center) 2B. Council Bill 09-2011 -approving Planned Commercial Development (PCD) Zoning for Property located at 4105 Youngfield Service Road and approval of a PCD Concept
Outline Development Plan on Property located at 4000 Cabela Drive and 4105 Youngfield Service Road (Case No. WZ-11-01/Clear Creek Crossing) 2C. Council Bill 10-2011 -approving a Planned
Commercial Development (PC D) Specific Outline Development Plan on Property located at 4000 Cabela Drive and 4105 Youngfield Service Road, more particularly identified as Block 1, Lots
1 and 3; Block 2, Lot 1; Block 3, Lot 1; Block 4, Lot 1; Block 5, Lots 3, 4 and 5 of Clear Creek Crossing Subdivision. (Case No. WZ-11-02/Clear Creek Crossing) 3. Council Bill 14-2011
-adopting a New Code Section 1-11 Concerning Council District Boundaries, and in connection therewith, approving an amended Council District Map pursuant to Charter Section 4.2. 4. Council
Bill 11 -2011 -amending the Wheat Ridge Code of Laws concerning Nonconforming Structures in the Floodway District. 5. Council Bill 15-2011 -temporarily waiving the City's Two-Cent Sales
Tax within the boundaries of the Longs Peak Metropolitan District. (TO BE CONTINUED TO MAY 9, 2011) ORDINANCES ON FIRST READING 6. Council Bill 16-2011 -amending Chapter 2, Article 1,
of the Wheat Ridge Code of Laws authorizing the City to Contract for Collection of Outstanding Debts due to the City.
CITY COUNCIL AGENDA: April 25, 2011 DECISIONS, RESOLUTIONS, AND MOTIONS Page -3-L Resolution 12-2011 -A Resolution approving a contract with the Regional Transportation District for
the Construction of the Gold Line Commuter Rail Corridor. 8. Appointment to the Liquor Authority Board . CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT
CITY OF WHEAT RIDGE, COLORADO April 11, 2011 Mayor Jerry DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Council Members present: Joseph DeMott, Karen Berry, Joyce
Jay, Tracy Langworthy, Wanda Sang, and Mike Stites. Also present: City Clerk, Michael Snow; City Manager, Patrick Goff; City Attorney, Gerald Dahl; Administrative Services Director,
Heather Geyer; Community Development Director, Kenneth Johnstone; staff and interested citizens. Council Members Davis Reinhart and Karen Adams were absent. APPROVAL OF MINUTES OF March
28, 2011 Motion by Mrs. Sang for approval of the Minutes of March 28, 201 1; seconded by Mr. Stites; carried 6-0. PROCLAMATIONS AND CEREMONIES Proclamation for National Crime Victims'
Rights Week was read by Mrs. Wheat Ridge Karen Thaler. CITIZENS' RIGHT TO SPEAK Britta Fisher, Director of Wheat Ridge 2020, gave a brief update of their progress. Wheat Ridge 2020 has
sold their 2nd neighborhood stabilization program home. There are three other homes from the stabilization program currently for sale. Information about these homes is available on their
website at www.wheatridge2020.org. An event sponsored by Wheat Ridge 2020 is taking place this Thursday, April 14th from 7:00 pm to 9:00 pm at Red Tango Restaurant called "Live Local".
This is an event designed to encourage local residents to get out and patronize Wheat Ridge businesses. Mrs. Fisher also discussed a Business Education Series Training for businesses
that want to learn more about branding and marketing. This workshop opportunity is taking place Thursday morning April 14th, 2011. Information about this is also available on their website.
APPROVAL OF AGENDA Council unanimously consented to add to the Agenda an Item 4, An Ordinance Temporarily Waiving the City's Two Cent Sales Tax within the Boundaries of the Longs Peak
Metropolitan District.
City Council Minutes April 11 , 2011 Page 2 ORDINANCES ON SECOND READING Item 1. Council Bill 12-2011 -amending Section 614 of Chapter 26 concerning Residential Dumpster Regulations.
Mayor DiTullio opened the public hearing. Council Bill 12-2011 was introduced on second reading by Mrs. Sang. City Clerk Michael Snow assigned Ordinance No. 1483. No staff report was
provided. No citizens were present to speak. Mayor DiTullio closed the public hearing. Motion by Mrs. Sang to approve Council Bill 12-2011 (Ordinance 1483) on second reading and that
it take effect 15 days after final publication; seconded by Mr. Stites and Mrs. Jay; carried 6-0. Item 2. Council Bill 13-2011 -amending Section 5-117(a)(5) of the Code of Laws of the
City of Wheat Ridge to allow Home Owner Building Contractor Licensees to perform electrical work. Mayor DiTullio opened the public hearing. Council Bill 13-2011 was introduced on second
reading by Mr. Stites. City Clerk Michael Snow assigned Ordinance No. 1484. No staff report was provided. No citizens were present to speak on this item. Mayor DiTullio closed the public
hearing. Motion by Mr. Stites to approve Council Bill 13-2011 (Ordinance 1484) on second reading and that it take effect 15 days after final publication; seconded by Mrs. Langworthy;
carried 6-0. ORDINANCES ON FIRST READING Item 3. Council Bill 14-2011 -adopting a new code Section 1-11 concerning Council District Boundaries, and in connection therewith, approving
an amended Council District Map pursuant to Charter Section 4.2. Motion by Mrs. Langworthy to approve Council Bill No. 14-2011 on first reading, order it published, public hearing set
for Monday, April 25, 2011 at 7:00 p.m. in the City Council Chambers, and that it take effect immediately upon approval; seconded by Mrs. Jay; carried 6-0.
City Council Minutes April 11 , 2011 Page 3 Council Member Langworthy left the meeting due to illness. Item 4. Council Bill 15-2011 -An Ordinance Temporarily Waiving the City's Two Cent
Sales Tax within the Boundaries of the Longs Peak Metropolitan District. Motion by Mr. Stites to approve Council Bill No. 15-2011 on first reading , order it published, public hearing
set for Monday, April 25, 2011 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mr. DeMott; carried 5-0. ELECTED OFFICIALS'
MATTERS Mr. Stites expressed condolences for the passing of Wheat Ridge resident Betty P. Day. Mrs. Day was the head of girls' softball in Wheat Ridge for many years and also served
on the Parks and Recreation Board. Ms. Berry also sent her condolences to Betty Day's family. Ms. Berry had a request from a citizen about placing a bike rack in front of City Hall.
She requested staff investigate this possibility. Ms. Berry also announced that the City was awarded another grant from Denver Regional Council of Governments (DRCOG) for a bicycle and
pedestrian trail from 32nd Avenue to 44th Avenue along Kipling Street. Mayor DiTullio thanked all who donated to Prom Night activities for special education students at Wheat Ridge High
School. Prom is this Friday April 15th, 2011. With private contributions they have been able to arrange funding for transportation and attendance of all students to the dance. Meeting
adjourned at 7:16p.m. Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON April 25, 2011 BY A VOTE OF __ to __ Tracy Langworthy, Mayor pro tem
City Council Minutes April 11 , 2011 Page 4 The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e. they contain 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 City Clerk's Office, as well as copies of Ordinances and Resolutions.
:
, I < .' • • City of. p WheatRl..-dge ITEMNO: ~. DATE: April 25, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT TO BUYBOARD COOPERATIVE IN THE AMOUNT OF $136,305
FOR A PREFABRICATED, PERMANENT RESTROOM STRUCTURE TO BE LOCATED IN DISCOVERY PARK D PUBLIC HEARING cgj BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR I S1' READING
D ORDINANCES FOR 2 ND READING D YES Design and construction drawings for Phase III of Discovery Park are in the process of being completed. Included in Phase III is a permanent, seasonal
restroom structure. The purchase of this structure, when made directly by the City instead of through the general contractor, allows construction of the restroom to begin off site immediately
and, therefore, be ready for installation on site when general park construction begins. The direct purchase also is a cost efficient way to purchase the structure as it eliminates any
additional overhead costs incurred by a general contract that would then be charged to the City as part of the general construction contract. The National BuyBoard Cooperative provides
government entities with an opportunity to save time and money through volume discounts and preapproved lists of vendors who have gone through a competitive bidding process. PRIOR ACTION:
City Council awarded the contract for design and construction drawings for Phase III of Discovery Park at the January 10, 2011, City Council meeting.
Council Action Form April 25, 20 II Page 2 FINANCIAL IMP ACT: Phase 1II funding for Discovery Park is appropriated in the Open Space and Conservation Trust Funds. The permanent restroom
structure is included in the project budget for the park. BACKGROUND: In 2008, the City purchased a prefabricated restroom structure which is located in Creekside Park. By specifying
a prefabricated restroom structure at Discovery Park, the construction impact to the park will be minimized. The restroom will be constructed of split face block with stone wainscot
and a standing seam metal roof. The structure will match the existing facades and colors of the picnic shelters currently located in the park. The materials both in the interior and
exterior of the restroom are designed to be vandaf resistant and low maintenance. The structure at Creekside Park has proven successful related to these items. RECOMMENDATIONS: Staff
recommends approving payment for the restroom structure at Discovery Park. RECOMMENDED MOTION: "I move to approve payment to BuyBoard Cooperative in the amount of $136,305 for purchase
of a prefabricated, permanent restroom structure to be located in Discovery Park." Or, "\ move to deny payment to BuyBoard Cooperative in the amount of $136,305 for purchase of a prefabricated,
permanent restroom structure to be located in Discovery Park for the following reasons _____________ " REPORT PREPARED/REVIEWED BY: Joyce Manwaring, Parks and Recreation Director ATTACHMENTS:
1. Public Restroom Company Proposal
/1 <. ::s",1 I ,r. III ~~~~~DDM II --COMPANY "DESIGNING AND BUILDING RESTROOMS ••• BETTERFINAL PROPOSAL: DISCOVERY PARK, WHEAT RIDGE, COLORADO Date: April 5,2011 Sell Price for the Restroom/Storage
building turn-key installed: 5% BuyBoard Discount: Net Cost for the Restroom/Storage building turn-key installed: OWNER/GENERAL CONTRACTOR SCOPE OF WORK: Preparation of Building Pad:
$143,526 ($7,176) $136,305 Attached to this document we have provided a pad preparation plan and a pad section/detail. Pad Requirements: l. Survey the building site and provide a finished
slab elevation for the prefabricated building. The building pad size we require is larger than the final actual building footprint. Provide building front corner stakes with 10' offsets.
2. Excavate the existing site to the depth of 14" below finished building floor elevation. 3. Furnish and install compacted to 90% class 2 road base pel' the attached drawing. 4. Furnish
and stock pile within 10' from the building footprint coarse mason sand ready for placement on the pad by our staff after we set and gain approval to covel' the underground piping. S.
Some sites may require footings for soils conditions, frost protection, 01' owner mandated building code requirements. If footings are required for this project, it will be noted on
the attached site pad plan and our "Final Quote" and you will be responsible for the site footings. Owner/General verification of site access to allow Building Delivery: You certify
to PRe that suitable delivery access to the proposed building site is available. Suitable access is defined as 14' minimum width, 16' minimum height, and sufficient turning radius for
a crane and 70' tractor-trailer. Our cost is based upon the crane being able to get within 3S' from the building center and for the delivery truck to be no more than 3S' from the crane
center pick point. If the path to the building site traverses curbs, underground utilities, landscaping, sidewalks, or other obstacles that could be damaged, it is the Owner/General's
responsibility for repair and all costs, if damage occurs. If trench plating is required, it shall be the cost responsibility of the Owner/General. If unseen obstacles are present when
site installation begins, it is the Owner/General's responsibility to properly mark them and verbally notify PRe before installation. Installation Notice and Site Availability: PRe will
provide sufficient notice of delivery of the prefabricated building. The Owner shall make the site available during the delivery period. During the delivery period, on an improved site,
Owner should stop site watering several days before delivery to minimize the impact on the soils for the heavy equipment needed for installation. Attachment 1 9390GJt~way OrlVl' 5lHte
102 • RC'no, NV 8QS21 • P HBS 888 2060 ( 888 RSH 1 HH • . ,1,'/: [J'j\)I,( 1\('~tr()u!1l( ljlllp Ifll cum
-2-Caution: If site is not I'eady for 0111' field crew to perform their installation alld if 110 1I0tice of delay ill readiness from OWller/General is received, PRe will pl'Ovide a change
order for remobilization 011 a daily basis IIl1til the site is ready for liS. Ready mealls that the site pad is completefl, the corller reqllired sllrvey stakes (Ire in place, the slab
elevatioll stakes are ill place, the locatioll of the frollt of the bllilding is confirmed on site, alld access to the site is available from an improved I·oadway. OWller/General shall
sign the challge order before we will cOlltinlle delivelY. Public Restroom Company wiII "turn-key" set the buildings inclnding the hook up of utilities inside the building when they
are available. PRC wiII use its own trained staff for the installation. Utility Connections: The General is responsible for flushing line for water before final connection. The General
is responsible for final connections of water, sewer, and electrical at the exterior ground boxes boxes we furnish, nominally 6 feet from building line. PRC provides a POC for water,
a DWV waste line with clean out for connection, and an electrical schedule 80 PVC sleeve at an exterior ground box for your electrician to run your electrical service wire through our
conduit up to the panel and tie off the lugs. Special Conditions, Permits, and Inspection Fees: You should follow bid specifications for applicable building pelmit fees, health depaltment
fees, all inspection fee s, site concrete testing fees, and compaction tests, if required by Owner/General. PRC is responsible for all required State inspections and final State insignia
celtification of the building if applicable. Jurisdiction for Off-site Work: Jurisdiction, for permitting and inspection of this building shall be either the State agency that manages
prefabricated building in the state or the local CBO, (when the State does not provide certification.) If the responsibility for building inspection is the local CBO we will provide
a certified plan set, calculations, and a third palty engineer inspection repOit for any and all closed work the local official cannot see. PUBLIC RESTROOM COMPANY SCOPE OF WORK: Our
In Plant/Off-Site Construction Scheduling System: PRC has several off-site manufacturing centers in the United States, strategically located, that have the proper equipment and whose
staff has been thoroughly trained to fabricate our custom buildings to our standards. We manage quality control in our off-site production facility to comply with the approved drawings
and provide an inspection certification and photos as required. When proprietary materials, which we have designed and fabricated, are part of the project, PRC supplies the manufacturing
centers with these special palts or chemicals. We then schedule the in plant construction process to coordinate with your delivery date through our Operations Division field staff. We
guaranty on time at cost delivery weather pelmitting. 9390 GatewuY Drive, Suite 102 • Reno NV 89521 • p. 888-888 2060 f 888-888-1448 • WINYI PubllcRe~troomCompany com
-3 -Terms of Payment for Building: We require a 10% deposit/payment with your purchase order before plans are released. We invoice monthly on a percentage of completion basis of in plant
construction. You must bill your client at least every 30 days and pay us after you are paid. We provide you with progress invoices to coincide with your monthly billing cycle; certified
inspection reports in plant, and photos to verify in plant progress. Since the prefabricated building (materials) represents 90% of the project cost and is a product (materials), we
expect our billings to be paid as we do not accept withholding of retention. In the event of project stoppage, additional fees may be assessed for re-mobilization, storage, crane costs,
etc. Ollr diSCO/lilted project costs are based IIpOIl timely paymellts. Delt/ys ill paymellt C01l1d challge delivery schedllles alld project costs. Delivery and Installation: Site Inspection:
PRC staff, upon site arrival, will verify the required dimensions of the building pad and the comer locations/elevation. We will also verify the delivery path from an accessible road
or street and install the underground utilities to the point of connection nominally 6' from the exterior of the building. Installation: PRC will install the building turn-key, except
for any exclusion (listed under "Exclusions," herein.) Installation of Utilities Under the prefabricated Building: We fabricate off-site an underground utility (electrical, water, and
DWV) preassembled plumbing and electrical tree. Our site staff will excavate the trenches and set the plumbing and electrical tree into code depth excavated trenches. Your utility POC's
stali nominally 6' from the building footprint where we pick up the task and connect your services to the building stub downs. We provide all the under slab piping (including the driven
electrical ground rod or lightning rod if applicable.) All you have to do is bring utility services to within 6' of the pad. Connection of Utilities Post Building Placement: After placement
of the building on the pad by PRC, our field staff will tie in the water and sewer connection "inside" the building only and terminate at a point of connection (POC) outside the building
clearly marked for each utility service. The General is responsible for final service connections at the POCo Electrical: We provide the electrical conduit to the POC 6' from the building.
You pull the wire and tie it off on the electrical panel. Plumbing: You will connect the water to our stub 6' from the building footprint within the curb box we furnish and you will
flush the line per local code. 9390G<J lcwdyOrlve SUite 102 • RCllu NV 89521 • P 888-888-2060 f 888888 Jc14H • \\wwPubl lcflcstroornCompJnycom
-4 -Sewer: Some sites depending on the local jurisdiction will require an outside trap which you will install if needed. We will provide you with a point of connection including a clean
out to which you will terminate the site sewer service drain. Testing of Water, Sewer, and Electrical in Plant and Final Site Utility Connection: Before the building leaves the manufacturing
center, we test the water piping, DWV, and the electrical connections for compliance with code. While the building is fully tested for leaks at the plant before shipment, road vibration
may loosen some plumbing slip fittings and require tightening once the building services (water) is completed. You are responsible for minor fitting tightening to handle small slip fitting
leaks caused by transportation. Time of Completion: _ PRC estimates a schedule to complete the project from receipt of final "notice to proceed" and written approval of the project architectural
drawings by the owner. PRe requires 60 calendar days to complete the project from receipt of written notice to proceed together with a signed set of the final building drawings by all
authorities required to approve them. ExcIusionslExceptions: 1. Access issues for delivery of the building when the Owner/General contractor has not provided a proper path to the final
site. This exclusion covers sites whose access is limited by trees, inaccessible roadways, overhead power lines at location where crane will lift building, grade changes, berms, or uneven
site grades, or when the path of travel is over improvements such as sidewalks, all of which are not within the scope of work by PRe.) 2. Any trench plate requirements for protection
of site soils, sidewalks, or site utilities. 3. Sidewalks outside the building footprint. 4. Survey, excavation, and installation of the building pad per our attached plans. 5. Soil
conditions not suitable for bearing 1500 psf. 6. Improper water pressure, an undersized meter, or flow to the building. 7. Bonds, building permits, site survey, special inspection fees,
minor trash removal, final utility connections, minor plumbing leaks if water is not available when building site work installation is complete, site soils or improvements if damaged
during installation, landscaping. 8. Traffic control requirements coordinated by the Owner. Clarifications: Our crane costs, which are included herein, are based on a 35 ' maximum radius
distance from the center pin of the crane to center point of the flllthest building. If additional distance requires a larger crane, additional costs will be assessed by change order
to you. Insurance and Prevailing Wage Certification: PRe shall comply with the required bid specification insurance requirements, prevailing wage rep01ts, and safety requirements of
the project, including the recently promulgated OSHA regulations. 9390 Gateway Drive SUite 102 • Reno, NV 89521 • P 888-888-2060 f 888·888·1448 • www Public Restroom Company (om
-5 -Special Insurance to protect the Building before acceptance: As PRC requires payment for each month of off-site construction, and since the building is not on owner propelty where
their insurance will cover the building, we provide a special policy that insures the property even when paid for off-site until the building is finally accepted by the owner. The policy
provides the owner and Owner/General contractor as additional insured during this period. PRC provides the Owner/General and Owner a policy rider to cover the building while it is being
built off-site, while in transit to the job site, during and after it is installed on-site until final acceptance. This special policy covers each building module (section) for up to
$200,000. This exceeds the cost of any building module we have offered for sale herein. Errors and Omissions Insurance: Our firm employs licensed architects, engineers, and drafting
staff to provide design of our buildings. Since these buildings are required to meet accessibility standards and building codes on site, and since we are the designer, we carry Errors
and Omissions Insurance (E & 0) to protect our clients from any errors. The policy covers a limit of up to $1,000,000 per occurrence and is more clearly explained in the insurance celtificates
we provide after receipt of a purchase order. WARRANTY All work performed by PUBLIC RESTROOM COMPANY (called "Company") shall be warranted to the Owner to be of good quality, free of
faults and defects in material, workmanship, and title for 5 years from last date of installation if building is installed by Company or 1 year if building is installed by Owner or Owner's
agent without onsite supervision by Company. Company will repair or replace at their sole option any defects in worl, upon proper notice to the below stated address. This warranty applies
only if all work performed by Company has been fully paid for, including change orders if applicable. Company has no responsibility for any neglect, abuse, or improper handling of building
product. The warranties expressed herein are exclusive, and are in lieu of all other warranties expressed or implied, including those of merchantability and fitness. There are no warranties
which extend beyond those described on the face of this Warranty. The foregoing shall constitute the full liability of the Company and be the sole remedy to the Owner. Term of Offer
and Acceptance: This offer is valid for acceptance within 30 days, or when a part of a public bid for the applicable duration imposed within the Owner's bid documents. If our offer is
not accepted within 30 days of the Owner/General contractors notice to proceed from the owner, cost increases may be added based upon any increases in our costs. Special Notice of Possible
Project Cost Increases as a Result of Late Payments: In the event of delayed or late payment, PRC shall have the right to remedies including late charges, overall project total cost
increases, and other damages as allowed by applicable law. The contract price quoted herein is a discounted price based upon our receipt of progress payments as invoiced on the agreed
billing schedule of PRC. In the event of non-payment, PRC will provide a 5 day written notice to cure and if payment is still not received, the 9390 Gateway DrIVe SUite 102 • Heno NV
89521 • P BaS-88B 2060 f HRH 888 1-148 • www PubllcRestroomComp,lny com
-6 -discounted price for the payment due may increase, to an undetermined amount, to cover work stoppage, remobilization, cancellation of materials and subsequent restocking charges,
resale of the contracted building to another party, storage fees, additional crane fees, travel and per diem costs for field crews, and any other cost applicable to the project, as allowed
by law. Venue for Contract Jurisdiction: Public Restroom Company requires all contracts accepted by our firm to hold that the venue for legal jurisdiction for this contract offer and
acceptance shall be Washoe County, Nevada. In the event of your default, PRC shall be entitled to the full amount due including reasonable attorney fees, costs, storage, expenses of
physical recovery, and statutory interest, as allowed by law. No modifications to this offer shall be authorized unless confirmed in writing by the President or Chief Financial
Officer of PRC. Project: ~ Offered by: Public Restroom Company by ~\.v<..d.. "Z. ~rc£i-4..-~ Charles E. Kaufman, Prcsi cnt This pl'ovides conditional acceptance of this preliminary purchase
order for this building subject to acceptance of the submittals, furnished by Public Restroom Company. Once you accept the preliminary submittals, this shall become a final purchase
agreement or at your discretion the final purchase order or a contract may be substituted with this attached. Accepted by: Authorized Signature Date Printed Name Legal Entity Name and
address _________________ _ 9390 G.J teway Dove, Sulle 102 • neno, NV 89521 • P 888 888 ]060 f 8B8 888 1448 • www rtlbll(R('~trnomCompilny (om
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ALL UTILITY GROUND BOXES. FOOTING THIS DRAWING IS ~ 6 ft. MAX FROM BUILDING PRELIMINARY ONLY. W FINAL LOCATION "TBD" NOT FOR CONSTRUCTION. .~. CD FOOTING & SUB-GRADE PREP. PLAN ' i •
3/16" = 1 '-0" 8 . liIir I REVISION ay: I REVISION DATE: REVISION # g COPYRIGHT 2011 . PUBLIC RESTROOM BUILDING TYPE' ...J • t PUBLIC COMPANY THIS MATERIAL ISTHE EXCLUSIVE . RESTROOM
& STORAGE BUILDING DATE: 031041" DRAWN BY; a RESTROOM PROPERTY OF PUBLIC RESTROOM COMPANY PROJECT #: 7881 EVE a: COMPANY AND SHALL NOT BE REPRODUCED USED OR PROJECT: DISCLOSED TO OTHERS
EXCEPT AS . DISCOVERY PARK ".v".".· -----•.•.... -.. -I Build ina Belter PIKes To Go..... AVTHORIZEO BY THE WRITTEN PERMISSION WHEAT RI DG OF PUBLIC RESTROOM (YIM~ANV E, CO. Pit 888-888-2060
FiUe: 888-888-1448 ·N
~ II' ~ [5 CONNECTION TO FOOTING BY PRC 8M PRE.cA.ST SLAB ,iRAQE • ~ 'I ~I I-=-"" . "" ... ,' ~ ~-I I I ' . ,. ~ 11=== ::'-ia.d..,. /. 5l ~I I I-I ,....".,.'. ~ [ --FOOnNG~. U ~ -~ ~I
i7I\----2" BED OF SAND 112" EXPANSION JOINT ADHERED TO BUILDING SLAB WI FAST DRY EPOXY & SEAL WfTH BEAD OF SL-1 SIDEWALK BY OTH2~0.!!~_ '. ~ . ,-_._. ---~ r;~. . .. . d9" ··.FACTORYSUPPUED
· · ~1f£---~ f=r:~'~~f;.' ~~~'~B~L~DG'i~' CONiiciRETEii~i;~LA·S~i·.t" ~=SlDE-'W -AL-k BAS~~ IJ ~·d..,~ '.f~ __ 2" BED OF SAND 4" MIN. CLASS n TYPE BAGG. BASE COMPACTED TO 95% MOD ~ ~
1---1 -. BY OTHERS' o \ ~ '(NOT PRC) ~ \~ I "", ,, ,: ~ \1,] I: :~.~T --:-: -, I 'K COORlliNATEDWI"'Tl'RC ~-;<1,-. ,.",~;-;..~~--; 1500 pst MIN. SOIL PRESSURE-~ b '; FoollNG BY OTHERS
(NOT TPRC) SIZE & DEPTH OF PIPE SLEEVE (IF NEEDED) TO BE DETERMINED BY GEN. CONTRACTOR & COORDINATED TO TPRC #4CONT. T&B l' ~ #4 CONT. T&B 1500 pst' MIN. SOIL PRESSURE-___ "_. L _______
L ._ FOOTING BY OTHERS (NOTTPRC) r:\ WITHOUT SIDEWALK ~ REINFORCED MASS FOOTING SECTION o REINFORCED MASS FOOTING SECTION TYPICAL FOOTING SECTION DETAIL (PUBUC RESTROOM COMPANY! 1. LOCATION
OF THIS BUILDING SHALL MEET REQUIRED PROPERTY CODE SETBACKS PER LOCAL JURISDlcnON. 2. PUBLIC RESTROOM COMPANY 'MLL PROVIDE FULL ARCHITECTURAL PLANS AND ENGINEERING CALCULAnONS, STAMPED
BY STATE GOVERNING AGENCY SUITABLE FOR GENERAL CONTRACTOR TO FILE BUILDING PERMIT. 3. PUBLIC RESTROOM COMPANY WILL FURNISH AND INSTALL UNDERGROUND UTILITIES (UNDER SLAB) EXTENDING 6
FEET (MAX) BEYOND THE BUILDING LINE TO POINT OF CONNEcnON PER SITE PLAN. 4. THE STRUCTURAL DESIGN DETAILS HEREIN ARE SPECIFlC TO THE BUILDING SIZE AND MODULE CONFIGURA nON SHOWN ON THE
FLOOR PLAN OF THESE DRAWINGS. 5.THE DIFFERENCE IN THE ELEVATION BETWEEN THE FINISH FLOOR OF RESTROOMS AND THE SIDEWALK OUTSIDE CAN NOT BE GREATER THAN 1/4" MAX. 6. ALL SIDEWALKS SHALL
BE BY OTHERS. 7. PUBLIC RESTROOM COMPANY WILL FURNISH AND INSTALL THE BUILDING. BUILDING PAD PER DETAILS ON THIS SHEET. 2. GENERAL CONTRACTOR SHALL ATIACH SITE PLAN TO THE PUBLIC RESTROOM
COMPANY'S DEPARTMENT OF HOUSING APPROVED DOCUMENTS AND FILE BUILDING PERMIT. 3. GENERAL CONTRACTOR TO VERIFY & COORDINATE LOCA nON OF EXISTING unLmES. 4. GENERAL CONTRACTOR WILL MAKE
FINAL CONNEcnONS TO SEWER, WATER AND POWER. 5. GENERAL CONTRACTOR TO COORDINATE SEWER INVERT WITH THE PUBLIC RESTROOM COMPANY PRIOR TO BUILDING INSTALLATION. 6. GENERAL CONTRACTOR TO
STOCKPILE REQUIRED QUANTITY OF COARSE SAND WITHIN BUILDING PROXIMITY AND TO BE PLACED BY PRe. 7. GENERAL CONTRACTOR IS RESPONSIBLE FOR OBTAINING PERMITS AND UTILITY CONNECTIONS FROM
THE NOTED POINT OF CONNEcnON (P.O.c.) TO unLlTY TIE-IN (-24" MIN DEPTH). PRC IS RESPONSIBLE TO SUPPLY unLlnES FROM THE BUILDING TO THE P.O.c. 6' FROM THE BUILDING. 8. GENERAL CONTRACTOR
TO SUPPLY AND COMPACT THE AGGREGATE BASE. 9. ELEVAnON OF BASE TO BE DETERMINED AND VERIFIED/CERnFIED BY THE GENERAL CONTRACTOR. 10. GENERAL CONTRACTOR TO PREPARE SITE FOR MINIMUM ALLOWABLE
SOIL BEARING PRESSURE OF 1.500psf. WITH SUS--GRADE COMPACTED < ~ ~ I 1) ~ ::; ~ ~ "~ ~ ! ~ ~ f e. ~ ~ ~ <t ~ ~ ~ ~ 8 ii' i VI.:IIUpj/f g i ~gAw.J Qv.1 S PUBLIC RESTROOM COMPANY Ga ....
PROJECT: RESTROOM & STORAGE BUILDING '" DISCOVERY PARK
" 1" DIA. x 3" BOLT INTO COUPLER NUT WELDED TO FLOOR PERIMETER ANGLE -----, CONNECTION BRACKET 8" PRE-CAST SLAB "., . . _ ", .. ' '" " ". . '..Il ' -FACTORY SUPPLIED BLDG_--,CONCRETE
SLAB : -. -'_-... . '-~ _... . f" • ~ •• ' . <I -, •• --. 3/4" x 5" MIN WEDGE • '-, ._ :-:-_ -.. .-' ANCHOR (SI-MPSON CONCRETE -. • WEDGE ALL OR EQUAL) ; " . -FOOTING (ON-SITE) .' -MIN_
4" EMBEDMENT . . .' ' ... l "1'\ '" . l 7f ~ ® SLAB CONNECTION TO FOOTING DETAIL l ' -4" V V 1 ~ l ' -0" V 1 6" V 1 1 STEEL ANGLE ~ ~ ~ ~ ir § ,'I. ! ;; ~ g~ ruE k 6" k 71 '1 • J ~tfk-~7t
I ~t= I f-J 7f I ;; DIA. HOLE FOR 1 1/4" DIA. SLOTTED ~ ! 1 ~ ~ !,1 ~ liIDpUBLIC t t RESTROOM COMPANY Buildina Better PIKM To Go ..... TOP VIEW WEDGE ANCHORS HOLE FOR 1" BOLTS FRONT
VIEW SIDE VIEW ~ ~ ~ ® CONNECTION BRACKET OETAIL 8 TYP. SLAB I FOOTING CONNECTION DETAIL i REVISION BY: REVISION DATE: REVISION # g ""''' n'," TYPE, RESTROOM & STORAGE BUILDING DATE,
03/04/11 DRAWN BY, g EVE a.: PROJECT: DISCOVERY PARK • MAXIMUM PERSON AN HOUR: WHEAT RIDGE, CO. )Q NOT SCALE, DIM EN!
, . , : _ • City of p WheatRL-dge ITEMNO: ~. DATE: April 25, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT OF MURRAY DAHL KUECHENMEISTER & RENAUD LLP MARCH 2011
INVOICE FOR LEGAL SERVICES IN THE AMOUNT OF $31,447.40 o PUBLIC HEARlNG [8J BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1sT READING o ORDINANCES FOR 2ND READING QUASI-mmCIAL: DYES [8J
NO City Attorney City Manager ISSUE: Request to approve the March, 20 II invoices for legal services received from Murray Dahl Kuechenmeister & Renaud LLP (MDKR). The MDKR services for
the month of March exceed the $15,000 limit on manager-approved expenditures; thus requiring Council approval. FINANCIAL IMPACT: MDKR is within the estimated budget for legal services
as projected in the 20 II budget. RECOMMENDATIONS: Staff recommends approval of the invoice. RECOMMENDED MOTION: "I move to approve payment of the March, 20 II invoices for legal services
in the amount of$31 ,447.40 payable to Murray Dahl Kuechenmeister & Renaud LLP." Or V:IFonnslCAFt
emplate Council Action Form April 25, 2011 Page 2 "[ move to table indefinitely the payment of the March, 20 II invoices for legal services in the amount of $31 ,447.40 payable to Murray
Dahl Kuechenmeister & Renaud LLP, for the following reason(s) " REPORT PREP AREDIREVIEWD BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: l. March 2011 MDKR Invoice
Murray Dahl Kuechen meister & Renaud LLP Attorneys at Law 1530 16th Street, Suite 200 Denver, CO 80202 Ph: 303-493-6670 Fax:303-477-0965 City of Wheat Ridge 7500 West 29th Ave. Wheat
Ridge, CO 80033 Attention: City Manager Matter Description 53027 City Attorney: General 53027.17 1-70 Dev. -Cabela's 53027.2 Municipal Court 53027.3 Personnel & Litigation 53027.6 WRURA
Totals: Attachment 1 Fees $13,044.75 $15,213.79 $1,045 .00 $1,699.25 $66.00 $31,068.79 Disbs $262.35 $53.54 $62.72 $0.00 $0.00 $378.61 Mar31,2011 Total $13,307.10 $15,267.33 $1,107.72
$1,699.25 $66.00 $31,447.40
". -' _ • City of. ? WheatR..L.dge ITEMNO:~. DATE: April 25, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT OF DEEPWATER POINT COMPANY'S MARCH INVOICES FOR REAL
ESTATE CONSULTING SERVICES RENDERED IN CONNECTION WITH THE CLEAR CREEK CROSSING DEVELOPMENT IN THE AMOUNT OF $19,175.94 o PUBLIC HEARING ~ BIDSIMOTIONS o RESOLUTIONS QUASI-JUDICIAL:
ISSUE: o ORDINANCES FOR 1ST READING o ORDINANCES FOR 2ND READING DYES ~ NO Request to approve the March, 20 II invoices for professional real estate services and consulting reimbursements
received from Tim Leonard and Deepwater Point Company. The Deepwater Point services for the month of March exceed the $15,000 limit on manager-approved expenditures; thus requiring Council
approval. FINANCIAL IMPACT: Deepwater Point is within the estimated budget for consulting services as projected in the 20 II budget. RECOMMENDATIONS: Staff recommends approval of the
invoice. PRIOR ACTION: None V:IFormslCAFtemplate
Council Action Form April 25, 20 II Page 2 BACKGROUND: Deepwater Point has provided professional real estate and consulting services for the City of Wheat Ridge since the inception of
the Cabela's project in 2003. In June 2010, Cabela's reactivated negotiations with the City. A significant amount of consulting services have been utilized since this time and financial
advisory services have been added to the consulting contract. RECOMMENDED MOTION: "I move to approve payment of the March, 2011 invoices for real estate consulting services in the amount
of$19, 175.94 payable to Deepwater Point Company." Or "I move to table indefinitely the payment of the March, 2011 invoices for real estate consulting services in the amount of $19,
175.94 payable to Deepwater Point Company, for the following reason( s) " REPORT PREP ARED/REVIEWD BY: Patrick Goff, City Manager ATTACHMENTS: 1. March 2011 Deepwater Point Invoice
TIMOTHY J. LEONARD PRESIDENT 8 April 2011 DLE PWA .I1:.R P OIN T COM I\ .o\ NV ViA E -.MAIL Invoice # 1106-30-57 Mr. Patrick Goff City Manager CITY OF WHEAT RIDGE 7500 West 29th Avenue
Wheat Ridge, CO 80033 INVOICE FOR REAL ESTATE SERVICES RENDERED IN CONNECTION WITH, Coors/Cabela's Property Annexation and Development Development Consulting Service Period: March 2011
Service Billing: Hourly at $195 per hour SUMMARY INVOICE $12,441.00 $112.50 $22.44 $6,600.00 $19,175.94 1-May-11 Professional Services this period Clerical Work @$75 per hour Reimbursements
this period Consultant Reimbursements this period (Andrist Capital Advisors Total amount due this Invoice Payment Due by Thank you for the opportunity to be of service to you. 27905
i'.-1EADOW DRJvE., Sm. 12. EVERGREEN, COLORADO 80439 J\{A[L: PO Box t 175, K11TREDGE, COLORADO 80457 303.674.7856 303.674.2254 FAX TIM@DElWWATE.RPOL'lT.NET
, . , ~' _ • City of , Wheat RL.dge ITEMNO: ~. DATE: April 25, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD RFB-1l-20 FOR TRAFFIC SIGNAL EQUIPMENT TO VARIOUS VENDORS AT
A TOTAL COST OF $30,306 D PUBLIC HEARING [gJ BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING D ORDINANCES FOR 2ND READING QUASI-JUDICIAL: D YES [gJ NO ~~ It",M~ City Manager
ISSUE: The Public Works Department is proposing purchase Dftraffic signal equipment tD replace the obsolete equipment located at the intersection of West 44th Avenue and Eldridge Street.
PRIOR ACTION: None FINANCIAL IMP ACT: The funds for the purchase of this equipment are budgeted in the 2011 Public Works Department General Fund budget, account number 01-303-800-809,
Other Major Equipment. The approved budgeted amount for this account is $83,500. BACKGROUND: The City annexed 44th Avenue from 43rd Drive to Holman Street in 2008. The traffic signal
equipment at the intersection of West 44th Avenue and Eldridge Street is outdated and should be replaced with a controller compatible with other City equipment. The signal heads should
also be replaced with LED type equipment. Bids received for RFB-II-20, Traffic Signal Equipment were opened on Wednesday, March 23, 2011. Four bids were received. Traffic signal equipment
is somewhat unique and not sold by all vendors interested in this bid. Based upon the compliance with bid specifications, Staff recommends award to the low bidders on the equipment advertised.
Staff recommends award of signal head , battery back-up and video
Council Action Form April 25, 20 II Page 2 detection system equipment purchases to AM Signal Inc, of Littleton, Colorado in the amount of $20,406; and award of the traffic controller
and cabinet equipment to Econolite Signal Control Products, Inc. of Golden, Colorado in the amount of$9,900. The installation work will be performed by Operations Division staff. RECOMMENDATIONS:
Based upon the compliance with bid specifications, Staff recommends award to the low bidders for the equipment. RECOMMENDED MOTION: "I move to award RFB-II-20, signal head, battery back-up
and video detection system equipment, to AM Signal Inc, of Littleton, Colorado in the amount of $20,406. I further move to award RFB-11 -20, traffic controller and cabinet equipment,
to Econolite Signal Control Products, Inc. of Golden, Colorado in the amount of $9,900." Or, "I move to deny award ofRFB-11-20, Traffic Signal Equipment for the following reason(s):
_ " REPORT PREPARED/REVIEWED BY: Greg Knudson, Operations Manager Tim Paranto, Public Works Director Linda Trimble, Purchasing Agent ATTACHMENTS: I. Bid Tabulation Sheet
PROJECT: RFB-11-20 REQUESTED BY: GREG KNUDSON JJ_ TRAFFIC SIGNAL EQUIP OPENED BY: LINDA TRIMBLE, PURCHASING AGENT,r-_. : BID DUE DATE/TIME: WEDNESDAY, 03/23/2011 WITNESSED BY: DENISE
WOOD, PURCHASING TECH ct0'(' BY 2 P.M. OUR CLOCK '> • • <' C't f ...... Y' Iyo . ~~lieat:R.iqge VENDOR YES NO NO YES INFORMATION YES YES YES YES REFERENCES YES YES YES NO UNIT PRICES:
' " " , , .:, ' i,ll, .' "" ",.,-, ":e) . "i. ' : " ;;, 385.00 NO BID NO BID 314.00 NO BID NO BID $ 346.25 36.00 NO BID NO BID $ 47.50 44.00 NO BID NO BID $ 68.75 44.00 NO BID NO BID
$ 58.75 .00 NO BID NO BID NO BID NO BID NO BID 7.548.00 NO BID $ 16,250.00 NO BID S 9.900.00 $ 16,250.00 $ 5.150.00 Page 1 of 1 Attachment 1 -------_. --_ .. '-_._-_._--._-',_._-------'
" . .' _ • City of p WheatRL-dge ITEMNO:~. DATE: April 25, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD RFB-1l-19, POLICE PATROL MOTORCYCLE, TO FOOTHILLS BMW OF LAKEWOOD,
CO, AT A TOTAL COST OF $30,767.65 o PUBLIC HEARING ~ BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR I ST READING o ORDINANCES FOR 2 ND READING QUASI-JUDI~IAL/0 YES ~~f PubllCwrks rnrector
ISSUE: The Public Works Department is proposing replacement of an existing, high-mileage Harley Davidson police patrol motorcycle, Unit #6, in the Traffic Division of the Police Department.
PRIOR ACTION: None FINANCIAL IMPACT: The funds for the purchase of this vehicle are budgeted in the 20 II Public Works Department General Fund budget, account number 01-303-800-807,
Fleet Replacement. The total approved budgeted amount for this account is $735,000. BACKGROUND: The existing motorcycle, Unit #6, is a 2002 Harley Davidson Electra-Glide police patrol
motorcycle. The current odometer reading is approximately 31 ,000 miles. The City's current replacement criteria for a police motorcycle are 30,000 miles and/or five years of service.
Therefore, Unit #6 is eligible for further consideration concerning replacement. Overall reliability of service for this motorcycle is rated as poor based upon vehicle life maintenance
and repair costs totaling approximately $10,332. The current condition of the motorcycle is rated as average. The original purchase price was $12,795.
Council Action Form April 25, 20 II Page 2 Outside bids were solicited because police motorcycles are not offered tbrougb tbe Colorado Pricing Agreement or the Municipal Association
of Procurement Officials (MAPO) purchasing process. Bids received for RFB-II-19, Police Patrol Motorcycle, were opened on Wednesday, March 23, 2011. Three bids were received. The apparent
low, fully-responsive bidder was Foothills Fay Motorcycle of Greenwood Village, Colorado. However, based upon non-compliance of certain equipment items within tbe bid specifications
(see attached bid tabulation sheet) and a preference for tbe BMW motorcycle by THE traffic division, Staff recommends award to the next low bidder, Foothills BMW of Lakewood, Colorado
in the amount of$23,767.65. Staff recommends tbat the existing Harley Davidson motorcycle be sold at auction. Re~ent sales of similar motorcycles sold at auction have yielded substantially
more tban the trade-in price offered by the vendor. Staff also requests approval to purchase, install and/or relocate auxiliary equipment required for the operation of the replacement
motorcycle along with installation of lighting, markings and communication equipment at a total cost of $7,000. The total expense of the motorcycle, including preparation for use, is
not to exceed $30,767. RECOMMENDATIONS: Based upon the compliance witb' bid specifications, Staff recommends award to the second low bidder, Foothills BMW, for the police patrol motorcycle.
Staff also recommends authorization to outfit the new motorcycle at an estimated cost of $7,000. Staff recommends tbe existing motorcycle be disposed of by consignment to a local auction
company. RECOMMENDED MOTION: "I move to award RFB-II-19, Police Patrol Motorcycle to Foothills BMW of Lakewood, Colorado for a total cost of $30,767.65, which includes tbe purchase price
of $23,767.65 and an additional $7,000, for the purchase and installation of auxiliary equipment, markings and communication equipment." Or, "I move to deny award ofRFB-II-19, Police
Patrol Patrol Motorcycle to Foothills BMW of Lakewood, Colorado for a total cost of$30, 767.65 for the following reason(s): " REPORT PREPARED/REVIEWED BY: Greg Knudson, Operations Manager
Tim Paranto, Public Works Director Linda Trimble, Purchasing Agent ATTACHMENTS: I. Bid Tab Summaries 2. Motorcycle Photograph
PROJECT: RFB-11-19 REQUESTEO BY: GREG KNUDSON . d POLICE MOTORCYCLE OPENED BY: LINDA TRIMBLE, PURCtlASING AGENTcr-BID DUE DATE/TIME: WEDNESDAY, 03/23/2011 WITNESSED BY: DENISE WOOD,
PURCHASING TECHc.wvr BY 2 P.M. OUR CLOCK ~ • j ~ ~ _ ~ City of • Y7"-wneat~ge REFERENCES A: QUESTIONNAIRE MAKE AND MODEL 1 ACKNOWLEDGEMENT BASE PRICE OPTION PRICING: HIGH·MOUNT LED AUX.
EXT. REAR-FACING LED EMERGENCY I AUX. EXT. FRONT-FACING LED EMERGENCY AUX. LED GELBATIERY TIRE PRESSURE MONITORING LOCKING STAND QUICK DETACHABLE NO YES YES YES KAWASAKI YES Page 1 of
1 Attachment 1 NO YES YES YES R1200RTP YES COLO. MOTORCYCLES YES NO YES BMWRTP YES 468.41 468.41 468.41 489.08 50.97 N/C 220.82 263.35 80.97 I, ... I·' !
Attachment 2
, ., _ • City of p WheatRL-dge ITEMNO:K DATE: April 25, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE AWARD OF ITB-ll-02 (OVERLAY PROJECT) TO BRANNAN SAND AND GRAVEL,
DENVER, CO, IN THE CONTRACT AMOUNT OF $1,267,358.75, AND TO APPROVE A CONTINGENCY AMOUNT OF $126,736 D PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS D ORDfNANCES FOR I ST READING D ORDINANCES
FOR 2 ND READING QUASI-JUDICIAL: DYES -z:.:~ PubliCWkSDirector ISSUE: The 2011 Overlay Project was developed to provide needed maintenance treatments to a number of selected streets
by priority in accordance with the Citywide maintenance plan. The streets selected this year are 44th Avenue from Eldridge to Vivian Street, 29th Avenue from Wadsworth to Fenton Street,
Youngfield Street from 32nd to 38th Avenues, Garrison Street from 44th to 48th Avenue and a number oflocal streets and alleys throughout the City by priority. The program is intended
to extend the life of pavement on streets that are structurally sound. The project also includes: concrete and handicap ramp replacement on streets being resurfaced, striping maintenance
of high volume streets throughout the City by priority, and spot pavement patching Citywide. This project is the last of three preventive maintenance projects that the City will implement
this year. PRIOR ACTION: None FINANCIAL IMPACT: Funding for this program has been approved in the Preventive Maintenance Projects line item of the 20 II Capital Improvement Program Budget
in the amount of $2,000,000. This project is the
Council Action Form April 25, 20 I I Page 2 last of three preventive maintenance projects that will be funded from this account. Performing this project will extend the useful life of
the streets that are treated from five to ten years. The costs associated with this contract will be paid from account number 30-303-800-884, and these funds will be encumbered for the
length of the project in accordance with Ordinance #787, 1989 Series. BACKGROUND: Bids for the 20 II Overlay and Concrete Rehabilitation Project were opened on March 30, 20 I 1. Five
bids were received. The bids were comprised of seven parts; a Base Bid and Alternate Bids 1 through 6. Base Bid -Pavement overlay and concrete replacement on 44th Avenue from Eldridg~
to Vivian Street, 29th Avenue from Wadsworth to Fenton Street, Youngfield Street from 32nd to 38th Avenue, Garrison Street from 44th to 48th Avenue and a number of local streets and
alleys throughout the City by priority. Alternate 1-Striping maintenance of high volume streets Citywide Citywide Alternate 2-Pavement overlay on Van Gordon Street and West 49th Place
Alternate 3-Pavement overlay on Tabor Street and West 45th Place Alternate 4-Pavement overlay on Tabor Street and West 52nd Avenue Alternate 5-Concrete crosswalk rehab at 29th Avenue
and Pierce Street with alternate material Alternate 6-Furnish and deliver recycled asphalt material for parking lot and driveways at three trailheads Bid Ranges Base Bid: $1 ,133,477.79
-$1 ,342,624.75 Alternative: #1 $28,837.50 -$35,101.50 #2 $44,077.53 -$80,049.75 #3 $28,318.72 -$60,246.60 #4 $31,422.25 -$63,845 .00 #5 $(3,620.00) -$39,985.50 #6 $407.00 -$ 8,325.00
Engineer Estimate $1,355,513.50 $34,902.50 $45,371.25 $28,131.25 $31,595.00 $10,145.00 $10,822.50 Due to favorable bid prices, Staff recommends Base Bid and Bid Alternatives 1 through
4 be selected for construction. Alternate Bid 5 is not recommended for inclusion due to the high bid price and Alternate Bid 6 is no longer a priority. The lowest responsible and responsive
bidder, Brannan Sand and Gravel of Denver, Colorado, has met the bid and qualification requirements. The price for the Base Bid and Bid Alternates I through 4 is $1 ,267,358.75.
Council Action Form April 25, 20 II Page 3 A 10% contingency amount of $126,736 is requested for the cost of other items related to the project. RECOMMENDATIONS: Based upon the contractor's
demonstrated capabilities and performance on previous City projects, and due to favorable bid prices, Staff recommends the bid be awarded to Brannan Sand and Gravel which includes Base
Bid and Bid Alternatives I through 4. RECOMMENDED MOTION: " I move to award ITB-II-02, 20 II Overlay Project to Brannan Sand and Gravel, Denver, CO, in the amount of$I ,267,358.75, and
approval ofa contingency amount of$126,736. 1 further move that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $1
,394,094.75." Or, "I move to deny award of ITB-II-02 20 II Overlay Project to Brannan Sand and Gravel, Denver, CO for the following reason(s): " REPORT PREPARED/REVIEWED BY: Steve Nguyen,
Engineering Manager Linda Trimble, Purchasing Agent Tim Paranto, Director of Public Works ATTACHMENTS: I. Project Map 2. Bid Tab Sheet
~ DI g. 3 CD a... I ~
PROJECT: ITB·ll-02 REQUESTED BY: RUSS HIGGINS 2011 OVERLAY PROJECT OPENED BY: LINDA TRIMBLE PURCHASING AGENT/-BID DUE DATE/TIME: MARCH 30, 2011· BY 2:00 P.M. OUR CLOCK WITNESSED BY:
DENISE WOOD, PURCHASING TECHNICIANClj7if -'" .. ;,-~ City of ~"'\Vheat~ge NO YES I YES I YES YES YES I YES YES I YES I YES YES YES YES 1 YES YES YES I YES YES YES Page 1 of 1 Attachment
2
", .' _ ' City of pWheat~dge ITEMNO:2A. DATE: April 25, 20 II REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 08-2011 AN ORDINANCE APPROVING THE ANNEXATION OF LAND LOCATED IN
SECTIONS 19 AND 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO. ANXll-OlffABLE MOUNTAIN ANIMAL CENTER) ~ PUBLIC
HEARING D BIDSIMOTIONS D RESOLUTIONS QUASI-JUDICIAL: ommunity Develo ISSUE: D ORDINANCES FOR 1ST READING (03114/2011) ~ ORDINANCES FOR 2ND READING (04/25/2011) Q::M C;ty Ma."" ~ Under
the Municipal Annexation Act, the annexation of property to a municipality as an enclave must be accomplished by ordinance at a public hearing. Adoption of the attached council bill
on first reading set the public hearing to consider the annexation of property owned by Jefferson County for April 25, 2011. The property in question, currently located in unincorporated
Jefferson County, was the former home to the Table Mountain Animal Center addressed as 4150 Youngfield Road. The structure on the property was recently demolished as a new facility has
been built at another location. The majority of the property is under contract to be sold by Jefferson County to Cabela's and Longs Peak Metropolitan District and included in a regional
commercial development. The sales contract does not include a piece of right-of-way owned by COOT which is being annexed but not incorporated into the proposed development for the property.
The total area of the annexation is 36 acres. Case No.ANX-I I-Ol rrable Mountain Animal Center
Council Action Form April 25, 2011 Page 2 Staff is recommending Planned Commercial Development zoning be placed on the development property and Agriculture-One zoning be placed on the
right-oF-way subsequent to the annexation action on April 25, 2011. PRIOR ACTION: An lGA obligating the City to certain actions regarding the property was approved by City Council on
January 10, 2011 . The lGA includes the provision that the annexation will not be finalized until a purchase agreement is approved between Jefferson County and the buyer(s), and if the
property is not sold, the City agrees to disconnect the land. FINANCIAL IMP ACT: No fees were collected for this process. lfthe property is annexed and incorporated into the adjacent
development parcel it could be developed into a major commercial node which would be an advancement of the City'S goals for economic development and a diverse and resilient tax base.
Upon development of the annexed property, the City will be immediately responsible to provide police protection and street maintenance. BACKGROUND: The property is 36 acres in size,
has frontage on Y oungfield Service Road and includes the property to the north within the Clear Creek trail corridor. The northern and western portions of the property are encumbered
with a 1 OO-year flood plain. Approximately nine acres of the site are developable. The majority of the property is currently owned by Jefferson County. The County is selling the property,
as a new animal shelter was built on the Jefferson County Fairgrounds parcel. The County and the City entered into an IGA regarding the annexation and zoning. The
property is currently zoned Planned Development with some small pieces of A-I. A development plan by the name of Table Mountain Gateway was approved in 2007. The property is divided
into different use areas. The "buildable" portion of the lot is allowed to have general commercial and light industrial uses. The "non-buildable" portions are limited to passive recreational
uses. Guiding documents The City of Wheat Ridge's Three-Mile Plan is an addendum to Envision Wheat Ridge, the City'S comprehensive plan adopted in October 2009. The intent of a Three-Mile
Plan is to show property outside the current City limit which may be considered for annexation or be developed, and which may impact the City. The Three-Mile Plan designates the proposed
annexation area as Regional Commercial on the southern one-third and open space on the northern two-thirds. The plan speaks to these designations with the intent for the Regional Commercial
to include retail, employment, restaurants and hotel uses. The designation of "open space" is a designation to indicate the land should not be developed; but may not necessarily be owned
by a public entity.
Council Action Form April 25, 20 II Page 3. Proposed zoning Thirty two acres of the property will be rezoned to Planned Commercial Development pursuant to Case No. WZ-II-OI with an accompanying
Concept Outline Development Plan. This case is scheduled to be heard on April 25, 2011, the same night as the annexation hearing. A Specific Outline Development Plan (Case No. WZ-II-02)
will be heard that night as well. A small portion ofCDOT right-of-way, comprising 2.7 acres, is part of the annexation parcel. Staff is recommending this portion be zoned A-I. RECOMMENDED
MOTION: "1 move to approve Council Bill No. 08-20 II, an ordinance approving the annexation of land located in Sections 19 and 20, Township 3 South, Range 69 West of the Sixth Principal
Meridian, County of Jefferson, State of Colorado, to the City of Wheat Ridge on second reading and that it take effect upon recordation of the annexation plat." Or, "1 move to deny Council
Bill No. 08-20 II, an ordinance approving the annexation of land located in Sections 19 and 20, Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson,
State of Colorado, to the City of Wheat Ridge for the following reason(s) " REPORT PREP ARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director
ATTACHMENTS: I. Council Bill No. 08-20 II 2. Annexation plat
Council Action Form April 25, 2011 Page 4.
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES Council Bill No. 08 Ordinance No. =-:-:--__ Series 2011 TITLE: AN ORDINANCE APPROVING THE ANNEXATION AND ZONINGOF LAND
LOCATED IN SECTIONS 19 AND 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO. ANX-11-01/TABLE MOUNTAIN ANIMAL CENTER)
WHEREAS, the City Council has been presented with a request for the annexation of certain unincorporated area, more fully described on Exhibit A, attached hereto and fully incorporated
herein by this reference (the "Property"), which area has been surrounded by the municipal boundaries of the City in excess of three years; and WHEREAS, the City has entered into an
intergovernmental agreement with Jefferson County, Colorado regarding the Property, which agreement provides that the City shall not finalize its annexation of the Property unless and
until certain conditions, detailed in the intergovernmental agreement, have been satisfied; and WHEREAS, the intergovernmental agreement also provides that Jefferson County waives its
right to receipt of an annexation impact report pursuant to C.RS. 31-12-108.5, and therefore no such report has been or is required to be prepared with respect to this annexation; and
WHEREAS, the conditions set forth in the intergovernmental agreement as preconditions to the City Council finalizing the annexation of the subject property have been or will be satisfied
as of the date of final approval of this ordinance, and WHEREAS, the City has entered into an intergovernmental agreement with the Longs Peak Metropolitan District effective April 25,
2011 which provides that the City shall require as a condition of annexation, that the Property be included within the boundaries of the District; and WHEREAS, notice of public hearing
on this ordinance has been given in compliance with the Wheat Ridge Home Rule Charter and C.RS. §§ 31-12-106(1) and 31-12-108(2) by publication once per week for four successive weeks
and by registered mail to the Clerk of the Board County Commissioners, the County Attorney, the School District, and to any special district having territory in the area to be annexed;
and WHEREAS, the City Council finds that as a consequence of the property being an enclave within the meaning of 31 -12-106(1), C.RS., that the City may annex the Attachment 1
Property without compliance with Sections 31 -12-104,31-12-105, or 31-12-109 C.R.S. ; and WHEREAS, the city council wishes to provide for the appropriate zoning of the Property. NOW
THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Recitals Incorporated. The foregoing Recitals are fully incorporated herein by this reference.
Section 2. Annexation Approved; Conditions. The annexation to the City of the real property described on Exhibit A is hereby approved, subject to the following conditions: • the owners
of the Property shall, within sixty (60) days afterthe effective date of the annexation, petition the Longs Peak Metropolitan District for inclusion of the Property into the legal boundaries
of the District, • the Property shall be made subject to the covenants or lease provisions imposing the Public Improvement Fees and Capital Facilities Fees provided for in Section 8
and 9 of that certain "Amended and Restated Intergovernmental Agreement between the City of Wheat Ridge, Colorado and the Longs Peak Metropolitan District" effective as of April 25,
2011 . Section 3. Annexed Property Zoned. That portion of the Property currently owned by Jefferson County, representing the property described on the attached Exhibit A less the property
described on the attached Exhibit B, is hereby zoned Planned Commercial Development (PC D) and incorporated into the Clear Creek Crossing development. That portion of the Property owned
by the Colorado Department of Transportation and described on the attached Exhibit B is hereby zoned AgricultureOne. Section 4. Effective Date. This Ordinance shall take effect upon
recordation of the annexation plat. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 14th day of March, 2011, 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 April 25, 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat
Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _ , this day of , 2011. 2
SIGNED by the Mayor on this __ day of _____ , 2011 . ATIEST: Michael Snow, City Clerk First Publication: March 17, 2011 Second Publication: Wheat Ridge Transcript Effective Date: Jerry
DiTullio, Mayor Approved as to Form Gerald E. Dahl, City Attorney 3
Exhibit A Legal Description of TMAC Annexation Property A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 19 AND THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 3, SOUTH, RANGE
69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 19, THENCE
S89°08'59'W ALONG THE SOUTHERLY OF SECTION 19 A DISTANCE OF 1312.98 FEET TO THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29; THENCE NOoo07'26'W ALONG THE WESTERLY LINE OF
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19 A DISTANCE OF 939.25 FEET TO THE NORTHWEST CORNER OF LOT 8, CABELAS/COORS SUBDIVISION FILING NO. 1, AMENDED, RECORDED AT RECEPTION
NO. 2006148911 AND THE POINT OF BEGINNING; THENCE NOoo07'26"W CONTINUING ALONG SAID WESTERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19 A DISTANCE OF 382.28
FEET TO THE NORTHWEST CORNER, SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19 ALSO BEING A POINT ON THE SOUTHERLY LINE OF LOT 1 0, CABELAS/COORS, SUBDIVISION FILING NO. 1, AMENDED
RECORDED AT RECEPTION NO. 2006148911 ; THENCE N89°07'34"E ALONG THE SOUTHERLY LINE OF SAID LOT 1 0 AND THE SOUTHERLY LINE OF THE NORTH ONE-HALF OF THE SOUTHEAST QUARTER OF SECTION 19
A DISTANCE OF 1319.02 FEET TO THE SOUTHEAST CORNER OF SAID LOT 10 AND THE SOUTHEAST CORNER, NORTH ONE-HALF OF THE SOUTHEAST QUARTER OF SECTION 19; THENCE NOoo08'15"E ALONG THE EASTERLY
LINE OF SAID LOT 1 0 AND THE WESTERLY LINE OF SOUTHWEST QUARTER OF SECTION 20 A DISTANCE OF 752.93 FEET TO A POINT ON THE NORTHERLY LINE OF COMMISSIONERS DEED RECORDED AT RECEPTION NO.
2006018786; THENCE ALONG THE SAID NORTHERLY LINE THE FOLLOWING THREE (3) CONSECUTIVE COURSES 1.) N89°15'37"E A DISTANCE OF 235.71 FEET; 2.) THENCE N38°41'56"E A DISTANCE OF 132.40 FEET;
3.) THENCE N88°56'37"E A DISTANCE OF 559.97 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 70 RECORDED AT BOOK 1875, PAGE 159; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY
LINE THE FOLLOWING TWO (2) CONSECUTIVE COURSES; 1.) S21 °32'38"E A DISTANCE OF 266.54 FEET 2.) THENCE SOoo42'34"E A DISTANCE OF 927.88 FEET TO A POINT ON THE 4
NORTHEAsT CORNER OF LOT 1, CABLEAS/COORS SUBDIVISION FILING NO. 1, AMENDED; THENCE ALONG THE NORTHERLY LINE OF LOT 1, 2 AND 8, CABELAS/COORS SUBDIVISION FILING NO.1, AMENDED THE FOLLOWING
FIVE (5) CONSECUTIVE COURSES 1.) S89°01'11'W A DISTANCE OF 990.43 FEET; 2.) THENCE SOoo08'15"W A DISTANCE OF 7.56 FEET; 3.) THENCE N89°39'36'WA DISTANCE OF 731.27 FEET; 4.) THENCE S64°57'34"W
A DISTANCE OF 177.70 FEET; 5.) THENCE S89°52'34'W A DISTANCE OF 425.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 36.092 ACRES OR 1,572,148 SQ. FT. MORE OR LESS. 5
Exhibit B Legal description of COOT Annexation parcel A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING A THE WEST QUARTER CORNER OF SECTION 29; THENCE N01 °01 '46'W ALONG THE WESTERLY LINE
OF THE NORTHWEST QUARTER OF SECTION 29, A DISTANCE OF 2641 .58 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 20; THENCE NOoo08'15"E ALONG THE WESTERLY LINE OF SAID SOUTHWEST QUARTER OF
SECTION 20 A DISTANCE OF 1963.34 FEET THE POINT OF BEGINNING; THENCE NOoo08'15"E CONTINUING ALONG SAID · WESTERLY LINE A DISTANCE OF 111 .76 FEET A POINT ON THE NORTHERLY LINE OF COMMISSIONERS
DEED RECORDED AT RECEPTION NO. 2006018786; THENCE ALONG THE SAID NORTHERLY LINE THE FOLLOWING THREE (3) CONSECUTIVE COURSES: 1.) N89°15'37"E A DISTANCE OF 235.70 FEET; 2.) THENCE N38°41
'56"E A DISTANCE OF 132.40 FEET 3.) THENCE N88°56'37"E A DISTANCE OF 559.97 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF INTRASTATE HIGHWAY 70 RECORDED AT BOOK 1875, PAGE 159;
THENCE ALONG THE SAID WESTERLY RIGHT-OF-WAY LINE THE FOLLOWING TWO (2) CONSECUTIVE COURSES: 1.) S21 °32'38"E A DISTANCE OF 266.54 FEET; 2.) THENCE SOo042'34"E A DISTANCE OF 162.21 FEET;
THENCE 592.10 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 577.60 FEET AND A CHORD WHICH BEARS N57"08'22'W AND DISTANCE OF 566.51 FEET; THENCE N87"08'21'W
A DISTANCE OF 142.63 FEET; THENCE S69°45'14'W A DISTANCE OF 383.89 FEET TOT THE POINT OF BEGINNING. PARCEL CONTAINS 2.711 ACRES OR 118,090 SQ. FT. MORE OR LESS BEARINGS ARE BASED ON
THE CITY OF WHEAT RIDGE BEARINGS OF N01 °01 '46"E ALONG THE EASTERLY LINE OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING
MONUMENTED BY A 3-Y.." BRASS DISK PLS # 13212 IN RANGE BOX AT THE EAST QUARTER CORNER OF SECTION 30 AND A 3-Y.." BRASS CAP PLS # 13212 AT A 200' WITNESS CORNER SOUTH OF THE NORTHEAST
CORNER OF SECTION 30. PREPARED BY SCOTT A. AREHART REVIEWED BY RICHARD A. NOBBE PLS. FOR AND ON BEHALF OF MARTIN/MARTIN INC. 12499 W. COLFAX AVE. LAKEWOOD, CO. 80215 (303) 431-6100 6
i Z , c ~ 0 •1 r j ~ ~ X • W c ~ Z · Z ·u ~ ~ ~J ~ w ~ ~ < , ~ >-• 0 ~ f "" ao COLORADO HICHWA Y 58 (I?o. w: VARIES) 1L:. C","'EO CROSS IN NCO /SANDST,,"C SOUW£R lEGEND UNPlAT[l:O ....
NNOATlON BOUNDARY liNE jr/Y////m////b 'M1EAl RIDe;( CORPOR .... 1E BOUND .... RY ___ ---SECTlON UNE _______ EXISTING PARCEL I ROW UNE • SECllON CORNER • rOUND PIN AS SHOWN NOTt-AU DIMENSIONS
SHOWN ARE ON U.S. SURVEY FEn P I 200 \00 TMAC ANNEXATION TO THE CITY OF WHEAT RIDGE, STATE OF COLORADO, A PORTION OF THE SOUTHEAST OUARTER OF SECTION 19 AND A PORTION OF THE SOUTHWEST
QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, -<"NO ,5 RFHAf;J -.t/'Ai~ Pi _~ #379"8 FN/) ,j"'£9AI< ~p P~S ,,31948 .' "D "j R£BAR ~ /CAP PIS.
07948 Lor 10, CABaA'S/COORS SIIBDlVlSlON nUNC 1>'0. I, AJ.J£N[)£O 5£ COR, 1'11/2. 5£1/". src.. 19, us. R691f. 6l1f P U La' " sw COR .. 5£1/4. 5£1/4. S£c. /9, TJS. ,(Ili9!+: 6TH P.M S89V9"O,,""W
/J12.9S· : I 200 400 SC",l[ 1'=200· , , 200' W/C""""'FND J" /lLV'" o,p l S , ,3772 NOIDl·4Ii'W--2Hl.58' COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 1 OF , ----T LOT 28 Lor 21 I I LOf
;>;> SJ9-O,.ll"W m)));;;", ' , u ,,;;;7/,l# m h SOO'OB"S"W 7.56' lor " CA[J£lA 'S/COOIlS SU8DIViStOl'l Flt/NG NO. I, AI.I'N[)£O POWT ()f' C()I,("'£NC£MENT NBB'56'erE 55997'1 se CtW,
SEC 19. /NW COR. sec 29 TJ50 R691f, liTH P.'" ANreN 5. N691f, 6TH p ", , (8"-51$ or 80RlNGS) /WI/4 COR n 79. TJS. N69W" 6ih{M. \. ~~ I~-:t:;c:~o~ '\\ LS I U212 . \ S2 1'J2'.38 ~ £ 266.54'
CASE HISTORY ANX-ll-0l I EGAI DESCRipTION ... PARC[l or L ... ND LOC",T[O IN IfIE SOllTH( ... ST OU"'RT(R Of SECItON 19 ""'.\0 THE SOUTJ.jWESI OU ... R1ER o r SECTION 20 . TOWNSHIP ].
SOUTH, R ... NGE 69 WESI Of THE SIXTH PRIlKIPAl I,I(RIDIAN. COUNTY or JEfTERSOII. ST,""£ or COLOR"'DO BEING I,IORE P ... RTICULARl Y OESCRIB[D AS fOLLOWS: CQI,O I,I ENCI~l G Al THE soumE
... ST CORNER Of SECTION 19. nlENCE SS9""OS'59'W "'LONG THE SOUlt1ERLY or S(CllON 19'" DI$l ... NCE Of 1]1298 FEET TO THE SOUIHE ... ST OU ... RTER or TliE SOUlt1E ... ST OU ... RTER
RTER or S(Cl1ON 29; lHENC( NOO1l7'26'W ... LONG THE WESTERLY UNE or SooTHEAST QU ... RTER or THE SOUlt1EAST oo ... R1£R Of SECTION 19 ... DIST"'NCE or 9]9.25 rEEl 10 n.E NORTHWEST CORNER
or lOT 8. c ... Bn ... s/cOORS SUBDIVISION flUNG NO.1. AI,IENOED, RECORDED AT R[C[P110N NO 2006148911 ",NO TliE ~ THENCE NOO"07·U'-W CONTIIolUINC ALONG SAID WESTERLY UNE Of mE SOUTHEAST
OUARTER or THE Soo THE"'SI OU ... /HER or srCIION 19 A OISH.NCE Of 382.28 fEET TO THE NORTHWEST CORNER. SQiJTHE"'ST ooARTER or THE SOOTHE"'ST OUAR1£R Of !>ECll0l1 19 ALSO BEING A POINT
ON THE Sooll-JERLY LINE Of LOT 10, CABELAS/COORS, SUBOIVlSION FILING NO. I. AI,IENDEO RECOROED Al RECEPTlON NO. 2006146911. THE"'CE N89117·].'E ALONG THE SOUTHERLY liNE Of SAIO LOT 10
AND THE SOUlt1ERlY LINE Of THE NORm ONE-HALf OF THE soumEAST OU"'R1£R Of SECTION 19 ... OISt"'NCE or 1]101.02 rEET TO litE SOUTHEAST CORNER OF S ... IO LOT 10 AND THE SOUlHE"'Sl CORNER.
NORTH ONE-HALf or mE SQlJTHE ... ST OUARTER Of SEC110N 19. THENCE NOO'OS·15'E ALONG THE EASTERLY LINE or S", ID LOT 10 AND THE V,t:S1ERLY UN!:. Of SOUTHWEST OUARTER Of SE:CllON 20 A
OIST ... NCE Of ]52, 9~ fEET TO A POINT ON THE NORm[RLY LINE or COI.4 ~I SSlONERS OCEO RECORDED AT RECEPnON NO. 2006016]86. THENCE "'LONG ll-lE 5 ... 10 NORTHO!LY LINE nlE fOllO'MNG
THREE P) CONsrCUllV[ COURSES I.) N6915·]7·[ A OISTANC[ or 2]5.11 rEET; 2.) THENCE N]8·.1"56·E A OISTANCE or 1J240 FEET. 3.) THENCE N8S·56·37'E A DISTANCE Of 559.97 f([l TO A POINT ON
THE W[STERLY RIGtH-Of-WAY LINE or INT[Rsr"'TE HIQjWAY 70 RECOROED AT BOOK 1875. PAGE 159; IHENCE ALONG SAIO WESTERLY RIGHT-Of-WAY LINE ll-lE f OlLOWING TWO (2) CONSEcunV( COURSES; I.)
521']2·]6·[ A DISTANCE OF 266.5. FEET 2) ll-JENCE SooTl·]~ '[ A DIST"'NCE Of 927.SS f(ET TO ~ pomT ON IHE NORlHE ... ST CORNER Of lOI I. CABLEAS/CooRS SUBDlVlSlON flUNG NO. \. AME"'DEO;
TI-1ENCE ALONG THE NOR THERLY LINE Of LOT I. 2 "''''0 S. C ... BELAS/COORS SU!lOlVISION fiLING NO.1. AI,IE"'D£O mE FOLLOWING fiVE (5) CONSECUTIVE COURSES 1 ) 5891l1'II·W A OISIA"'CE
or 990.43 fEEl; 2.) nlENC!:: sooue·15'W ... QlSTANCE Of 756 FEET; ].) ll-JENCE N89·]9·]S·W A OISTANCE Of 7Jl.27 rEEl: • . ) THENCE 564"57']4 -1'1 ... DISTANCE or 177.70 fEET; 5.) THENCE
S89"52'J4'W A DISTANCE Of 4 25.00 FECT TO THE POINT Of BECiNNI"'C SAID P ... RCEL CONT"'I"'S 36.092 ACRES 1,572,15] SO fT I,IORE OR LESS. GENERAl NOTES FlELOWORK r OR THIS A"'NEX'" nON
I,I ... P WAS P(RfORI,IEO DURING THE 1oI0NTH or OECEI,IBER 2010. CONTIGUITY TAB! E TOTAL eooNDARY _ 6.909;1 fEET CONl1CUOUS BOUND ... RY _ 6.909± fEET PERCENT CONTIGUOUS _ IOO.OX ",NNEX
... llQN AR(A _ J6.092 ACRES± CURRENT OWNERS Of PROPOSED ANNEXATION !ANDS 1) JEHERSON CooNTY 2) COLOR ... DO OEPARTl,t EIolT OF" TRANSPORTATION BASIS Of BEARINGS BEARINGS ARE BAsrO ON
THE CITY Of WHEAT RIOGE BEARINGS or 1oI011)1·4S-W ALONC THE EAS1ERLY LINE or THE ~ORTHEAST OU ... RTER Of SECIION 30, TOWNSHIP J soum, R ... NGE 69 W£SI Of mE SIXTH PRINCIPAL I,IE RI
~A ~ BEING IoIONUI,IENTEO BY A 3-1/4· BRASS DISK PLS ,13212 IN RANGE BOX AT mE EAST OUARTER COR~ER Of srcnON 29 ... ND A 3-1/.· BR ... SS CAP PLS 11]212 AT ... 200' 'MTIoI(SS CORNER
SOU1H Of THE NORTHEAST CORNER Of SEcnON '.9 ;....;.,;:, tiI~AY~ ... ~~\ SITE '. ~"~ "-, §'" " .... , .... THE CURRENT CITY D"'TUI,I COOROINArr SYST[I,I USED fOR IHIS ANNE)CATION I,I
... P IS ... GROUNO 8 ... SED. ~ OOIFIEO reRI,I Of THE NA08]/92 SlATE PLANE COORDINATE SYS1£ ~, COlQR ... OO CENTRAL ZONE 0502 B THE VERllCAL OAWI,I USEO IS THE NORlH "' ~ ER IC.o.N
V(RllC ... L OATUI,I or 1988 (N ... \I088) C. THE GROUND TO GRIO CO~ B INED SCALE fACTOR IS 0.999H780]OO. SC"'LED FROM BASE POlNT PHAC I (P(RI,IANENT HIGH ACCURACY CONmOl POINT 11) HA~'NG
THE fOLLO'MNG NAOBJ/92 ST ... IE PLANE COORDlN ... TES: PHAC I: NQRlHINc:nOI258.75. EASllNG, ~11821758. ELEv ... nON: 5.7162 (N ... V088) O. THE GEODEllC POINT COOROINATE O ... TA SHOWN
HEREIN HAS BEEN D(Rlvro fRO~ THE NAD8JHARN STATE PLANE. COlORAOO CENTRAL ZONE 0502 COOROIN"'TE SYSTEM. ANO HAS A HORIZONT ... L ACCUR ... CY ClASSlflCAllON or 004 U.S.SURVEY fEET AT
THE 95'-; CONfiDENCE LEVEL. AS OEfINED OEfINED IN mE G(osp ... n ... l POSI1IONINC ... CCURACY STANDARDS or THE fEOERAl GEOOEnc cot/mOl. SUBCOMI,IITT[E (rCOC-STD-007.2-1998) SURYfYDR'S
CERTIfiCATE I, RICHARO .... NOBBE. A REGISTERED LANO SUR\ltYOR IN THE STAlE Of COlORAOO. DO HEREBY CERllfY 'I1-1AI THE HEREON ANNEXATION ~AP TOT HE CITY Of WHEAl RIDGE, COlORAOO WAS
PREP"'RED BY ME OR U>lDER I,IY DIRECT SUPERVISION ... NO TO TliE BEST or I,IY KNO'M.EDGE AND (lPINIO>l ... CCURA TEL Y "'NO PROPERLY $l-iOWS SAID ANND ... llQN RICH ... RO ... ijOOBE
LS 123899 ACCEPTANCE CERTIfiCATE APPROVED fOR flUNG BY ll-JE CITY Of WHEAT RIOGE THIS _____ !)A, Y Of _ 201 \ ~ AYOR. A mST; """"""''",,0.,,------OROI"'ANCE IoIUI,IBER COUNTY CLERK AND
RECORDER CERTIfiCATE mls ",NNEX ... nON I,IAP 1'1 ... 5 fiLED fOR RECORD IN lHE OffiCE Of THE .EFfERSON COUNTY. COLORADO ClER~ AND RECORDER ON THE _ OAY "'--,-COUNTY CLERK AND RECORDER
REV I,IARCH 14. 2011 REV. I,IARCH 09. 20 11 REV. rmRUARY 23, 2011 R[V JANU ... RY 6. 2011 OECEM[)ER 16 2010 ATTACHMENT 2
, ., .' _ • City o f pWheat~dge ITEMNO:~. DATE: April 25, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 09-2011 AN ORDINANCE APPROVING PLANNED COMMERCIAL DEVELOPMENT (PCD)
ZONING FOR PROPERTY LOCATED AT 4105 YOUNGFIELD SERVICE ROAD AND APPROVAL OF A PCD CONCEPT OUTLINE DEVELOPMENT PLAN ON PROPERTY LOCATED AT 4000 CABELA DRIVE AND 4105 YOUNGFIELD SERVICE
ROAD (CASE NO. WZ-11-OllCLEAR CREEK CROSSING) ~ PUBLIC HEARING o ORDINANCES FOR 1 ST READING (03/14/20 II) o B1DSIMOTIONS ~ ORDINANCES FOR 2ND READING (04/25/2011) o RESOLUTIONS YES
o NO ~ City Manager ISSUE: Pursuant to Case No. ANX-II-OI (Council Bill No. 08-2011), 36 acres of property located at 4150 Youngfield Service Road have been annexed into the City of
Wheat Ridge. According to state statute, the property must be rezoned within 90 days. The majority of the annexed property is under contract to be sold by Jefferson County to Cabela's
and Longs Peak Metropolitan District and included in a regional commercial development. The existing zoning on the Cabela' slCoors property located at 4000 Cabela Drive is Planned Commercial
Development. A land use application has been submitted for a Planned Commercial Development Concept Outline Development Plan which includes 32 acres of the annexation parcel. In order
to meet state statue and be incorporated into the development known as Clear Creek Crossing, the annexation parcel is proposed to be zoned Planned Commercial Development (PCD). Case
No. WZ-I 1-0 II Clear Creek Crossing
Council Action F onn April 25, 20 II Page 2 Approval of a Concept Outline Development Plan is the first step in the City's planned development process. The Concept ODP is intended to
serve as the zoning document and addresses allowed uses, development standards and the character of the development. The attached Council Bill 09-20 II was presented to the Council on
first reading and the public hearing to consider the zoning on the Jefferson County parcel and approval of a Concept Outline Development Plan was set for April 25, 20 II. PRIOR ACTION:
An Inter-governmental Agreement (IGA) obligating the City to certain actions regarding the property was approved by City Council on January 10,2011. The IGA includes the provision that
the annexation will not be finalized until a purchase agreement is approved between Jefferson County and the buyer(s), and if the property is not sold, the City agrees to disconnect
the land. Planning Commission reviewed the request for PCD zoning and Concept ODP at a public hearing held on March 17,2011. A recommendation of approval was given for the following
reasons: I. The TMAC parcel located at 4150 Youngfield Service Road is under consideration for annexation and zoning must be approved within 90 days. 2. Extension of the PCD zoning and
development to the north is a logical use for the property while protecting the open space area currently located in the Clear Creek corridor. 3. The request is consistent with both
the Three-Mile Plan and Envision Wheat Ridge. 4. Many of the infrastructure improvements are already constructed. 5. There will be economic and recreational benefits from the development.
6. The proposed uses are compatible with commercial uses in the vicinity. 7. All requirements for a Concept ODP have been met. With the following conditions: I. Comments generated by
the city's Parks, Open Space and Forestry Supervisor be incorporated in the Design Standard Pattern Book. 2. The applicant shall supplement, or modity, the Wheat Ridge-Cabela's Traffic
Impact Analysis Update, dated February 23, 2011, to sufficiently address the Public Works Department comments and requests. The Public Works Department must approve the final document
prior to the hearing on the ODP before the City Council. 3. Streetscape amenities on or immediately adjacent to Cabela Drive, 40th Avenue and Clear Creek Drive, including landscaping
and associated amenities, shall be installed prior to the first Certificate of Occupancy within the development. 4. On page 6-5 of the Design Standard Pattern Book, it be specified that
the transparency requirements apply to buildings, not tenant spaces.
Council Action Form April 25, 2011 Page 3 5. The following uses be added to the prohibited use list: truck stops and selfservice car washes. 6. Additional language be added to the Design
Standard Pattern Book that clarifies appropriate building locations for synthetic stucco and ElFS. 7. The following uses be added as special uses for Lot 7: camping or campground; and
for Lots 5: and 7, Caretakers Residence. 8. The following use be removed from Lot 8: Warehouse. 9. The plant list in the Design Standard Pattern Book be modified to meet the criteria
of the City of Wheat Ridge Streetscape Design Manual. 10. Eliminate the note regarding the requirement to tum off exterior signage two hours after a store is closed. A copy of the Planning
Commission staff report and minutes have been included for further information about the project. Attached also are written comments submitted at the March 17 Planning Commission hearing.
The recommended conditions of approval have not been incorporated into the plan set but are are included in the recommended motion. Regarding condition #2, a supplemental traffic study
was submitted, reviewed and approved by Public Works. This condition is removed from the recommended motion. FINANCIAL IMPACT: Fees in the amount of $24,375 were collected for the review
and processing of Case Nos. WZ-11-01 (subject case) and WZ-ll-02. If the annexation property is zoned PCD and incorporated into the adjacent development parcel it could be developed
into a major commercial node which would be an advancement of the City's goals for economic development and a diverse and resilient tax base. BACKGROUND: The property annexed by Case
No. ANX-ll-Ol is 36 acres in size, has frontage on Youngfield Service Road and includes the property to the north within the Clear Creek trail corridor. The northern and western portions
of the property are encumbered with the 100-year flood plain. Of the 32 acres being incorporated into the Clear Creek Crossing development, only about nine acres of the site are developable.
developable. The property already located in Wheat Ridge is 174 acres in size and was annexed into the City in 2005. It was zoned PCD with an ODP approval for the entire 174 acres later
that year. A final development plan (FDP) was approved in 2006 for construction of a 185,000 square-foot Cabela's store. As the entire concept for development of the property has changed
and incl udes new land (annexation property), a new Concept ODP is required. The new Concept Outline Development Plan (ODP) will accommodate the realignment of 40th Ave, show proposed
access points and dictate development standards including landscaped coverage, permitted floor area ratios and
Council Action Form April 25, 2011 Page 4 required parking. The Design Pattern Book accompanying the ODP document addresses other items such as allowed architectural materials, signage,
landscaping design and streetscape improvements. Guiding documents The City of Wheat Ridge's Three-Mile Plan is an addendum to Envision Wheat Ridge, the City's comprehensive plan adopted
in October 2009. The intent of a Three-Mile Plan is to show property outside the current City limit which may be considered for annexation or be developed which may impact the City.
The Three-Mile Plan designates the proposed annexation area as Regional Commercial on the southern one-third and open space on the northern two-thirds. The plan speaks to thesedesignations
with the intent for the Regional Commercial areas to include retail, employment, restaurants and hotel uses. The designation of "open space" is a designation to indicate the land should
not be developed; but may not necessarily be owned by a public entity. Envision Wheat Ridge designates this property as a Regional Commercial Center. It is intended that the center will
feature several anchor stores and other retail tenants, in addition to secondary uses such as employment, restaurants, or a hotel. The property and buildings within the center should
be designed with landscaping, high quality urban design and architecture. It should preserve significant views and incorporate green space. RECOMMENDED MOTION: "I move to approve Council
Bill No. 09-2011 , an ordinance approving Planned Commercial Development (PCD) zoning for property located at 4105 Youngfield Service Road and approval of a PCD Concept Outline Development
Plan on property located at 4000 Cabela Drive and 4105 Young field Service Road, and that it take effect IS days after final publication for the following reasons: I. The TMAC parcel
located at 4150 Young field Service Road is under consideration for annexation and zoning must be approved within 90 days. 2. Extension of the PCD zoning and development to the north
is a a logical use for the property while protecting the open space area currently located in the Clear Creek corridor. 3. The request is consistent with both the Three-Mile Plan and
Envision Wheat Ridge. 4. Many of the infrastructure improvements are already constructed. 5. There will be economic and recreational benefits from
the development. 6. The proposed uses are compatible with commercial uses in the vicinity. 7. All requirements for a Concept ODP have been met. 8. Planning Commission recommends approval.
With the following conditions:
Council Action F onn April 25, 20 II Page 5 Or, I. Comments generated by the city's Parks, Open Space and Forestry Supervisor be incorporated in the Design Standard Pattern Book. 2.
Streetscape amenities on or immediately adjacent to Cabela Drive, 40th Avenue and 3. 4. 5. 6. 7. 8. 9. Clear Creek Drive, including landscaping and associated amenities, shall be installed
prior to the first Certificate of Occupancy within the development. On page 6-5 of the Design Standard Pattern Book, it be specified that the transparency requirements apply to buildings,
not tenant spaces. The following uses be added to the prohibited use list: truck stops and self-service car washes. Additional language be added to the Design Standard Pattern Book that
clarifies appropriate building locations for synthetic stucco and EIFS. The following uses be added as special uses for Lot 7: camping or campground; and for Lots 5: and 7, Caretakers
Residence. The following use be removed from Lot 8: Warehollse. The plant list in the Design Standard Pattern Book be modified to meet the criteria of the City of Wheat Ridge Streetscape
Design Manual. Eliminate the note regarding the requirement to tum off exterior signage two hours after a store is closed." "\ move to deny Council Bill No. 09-20 II, an ordinance approving
Planned Commercial Development (PCD) zoning for property located at 4105 Youngfield Service Road and approval of a PCD Concept Outline Development Plan on property located at 4000 Cabela
Drive and 4105 Youngfield Service Road for the following reason(s) " REPORT PREPARED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS:
I. Council Bill No. 09-20 II 2. Planning Commission staff report with exhibits 3. Planning Commission minutes of March 17,2011 4. Planning Commission minutes of April 17, 2011 (excerpt)
5. Correspondence submitted at the March 17 Planning Commission meeting
TITLE: CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES Council Bill No. 09 o rd i nan ce No. ---=--=-=-:-:-_ Series of 2011 AN ORDINANCE APPROVING PLANNED COMMERCIAL
DEVELOPMENT (PCD) ZONING FOR PROPERTY LOCATED AT 4105 YOUNGFIELD SERVICE ROAD AND APPROVAL OF A PCD CONCEPT OUTLINE DEVELOPMENT PLAN ON PROPERTY LOCATED AT 4000 CABELA DRIVE AND 4105
YOUNGFIELD SERVICE ROAD (CASE NO. WZ-11-01/CLEAR CREEK CROSSING) WHEREAS, an Intergovernmental agreement between the City of Wheat Ridge and Jefferson County has been executed regarding
property located at 4105 Youngfield Service Road regarding annexation and zoning of said property; and, WHEREAS, the property is being considered for annexation, and zoning on it must
be approved within 90 days of approval of the annexation; and, WHEREAS, a land use application has been filed for a Planned Commercial Development concept Outline Development plan for
property located at 4000 Cabela Drive which incorporates property located at 4105 Youngfield Service Road. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO THAT: Section 1. Upon application by Cabela's, Coors and Jefferson County, approval of Planned Commercial Development (PCD) zoning for property located at 4105 Youngfield Service
Road and approval of a PCD concept Outline Development Plan for property located at 4000 Cabela Drive and 4105 Youngfield Service Road, and pursuant to the findings made based on testimony
and evidence presented at a public hearing before the Wheat Ridge City Council, Planned Commercial Development zoning and a concept Outline Development Plan are approved for the following
described property: A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 19, THE SOUTHWEST QUARTER OF SECTION 20, THE NORTHWEST QUARTER OF SECTION 29 AND THE NORTHEAST QUARTER
OF SECTION 30, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING A THE WEST QUARTER CORNER OF SAID SECTION 29; THENCE N01 °01 '46"W A DISTANCE OF 997.38 FEET TO A POINT ON THE Attachment 1 1
SOUTHERLY LINE OF THE CABELAS /COORS SUBDIVISION FILING NO. 1, AMENDED, AS RECORDED AT RECEPTION NUMBER 2006148911 , SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG THE SOUTHERLY
AND WESTERLY LINE OF SAID CABELAS /COORS SUBDIVISION FILING NO. 1, AMENDED THE FOLLOWING 14 COURSES: 1) CONTINUING N01 °01 '46'W A DISTANCE OF 323.41 FEET TO THE SOUTHEAST CORNER OF
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30; 2) THENCE S89°10'06'W ALONG THE SOUTHERLY LINE OF NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30, A
DISTANCE OF 1315.31 FEET TO THE SOUTHWEST CORNER OF NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30; 3) THENCE NOo055'43'W ALONG THE WESTERLY LINE OF THE NORTHEAST QUARTER
OF THE NORTHEAST QUARTER OF SAID SECTION 30, A DISTANCE OF 1320.36 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 19; 4) THENCE NOoo07'26'W
ALONG THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 19 A DISTANCE OF 913.46 FEET; 5) THENCE S89°07'35'W A DISTANCE OF 57.62 FEET; 6) THENCE 212.18
FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 791 .19 FEET, A CENTRAL ANGLE OF 15°21'56" AND A CHORD WHICH BEARS N50055'44"WA DISTANCE OF 211.55 FEET; 7) THENCE
342.40 FEET ALONG THE ARC OF A NONTANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1529.61 FEET, A CENTRAL ANGLE OF 12°49'33" AND A CHORD WHICH BEARS N75°38'47'W A DISTANCE OF 341 .69 FEET
TO A POINT OF COMPOUND CURVATURE; 8) THENCE 179.98 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1022.23 FEET, A CENTRAL ANGLE OF 10°05'16" AND A CHORD WHICH BEARS N87"06'12'W
A DISTANCE OF 179.75 FEET; 9) THENCE S87"51'10'WA DISTANCE OF 175.73 FEET; 10) THENCE NOo023'08'W A DISTANCE OF 174.56 FEET; 11) THENCE S89°07'35'W A DISTANCE OF 410.63 FEET TO A POINT
ON THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 19; 12) THENCE NOo023'08'W ALONG SAID WESTERLY LINE A DISTANCE OF 171 .61 FEET; 13) THENCE 467.85 FEET ALONG THE ARC OF
A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 505.40 FEET, A CENTRAL ANGLE OF 53°02'20" AND A CHORD WHICH BEARS N28°13'13"E A DISTANCE OF 451 .32 FEET; 14) THENCE N01 °42'03"EA
DISTANCE OF 141 .51 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF STATE HIGHWAY 58; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID HIGHWAY 58 THE FOLLOWING 8 COURSES: 1) N87"01'33"E
A DISTANCE OF 1968.69 FEET; 2) THENCE S81 °54'27"E A DISTANCE OF 338.62 FEET; 3) THENCE S33°53'52"E A DISTANCE OF 103.60 FEET; 4) THENCE S87"08'19"E A DISTANCE OF 51 .00 FEET; 5) THENCE
N69°45'24"E A DISTANCE OF 13.67 FEET TO A POINT ON THE EASTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 19; 6) THENCE N69°45'14"E A DISTANCE OF 383.88 FEET; 7) THENCE S87"08'21
"E A DISTANCE OF 142.63 FEET; 8) THENCE 592.11 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT 2
HAVING A RADIUS OF 577.60 FEET, A CENTRAL ANGLE OF 58°44'05" AND A CHORD WHICH BEARS S5r08'25"E A DISTANCE OF 566.52 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY
70; THENCE SOo042'34"E ALONG SAID WESTERLY RIGHT-OF-WAY A DISTANCE OF 765.67 FEET TO THE NORTHEAST CORNER OF THE CABELAS I COORS SUBDIVISION FILING NO. 1, AMENDED; THENCE ALONG THE EASTERLY
AND SOUTHERLY LINE OF SAID SUBDIVISION THE FOLLOWING 5 COURSES: 1) SOo041 '49"E A DISTANCE OF 1005.12 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION 29; 2) THENCE SOo045'44"E TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 29 A DISTANCE OF 1321 .80 FEET; 3) THENCE SOo043'38"E
A DISTANCE OF 241.50 FEET; 4) THENCE S06°23'52'W A DISTANCE OF 82.23 FEET; 5) THENCE S89°24'56'WA DISTANCE OF 986.91 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 210.972 ACRES
MORE OR LESS. Section 2. Vested Prooertv Rights. Approval of this zoning and concept ODP approval approval does not create a vested property right. Vested property rights may only arise
and accrue 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 object sought to be attained. Section 4. Severabilitv. If any clause, sentence, paragraph, or part of this Zoning Code or the application
thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances.
Section 5. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found
elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede
and prevail. Section 6 . This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 14th day of March,
2011 , ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final 3
passage set for April 25, 2011, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th' Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final
reading by a vote of to , this 25th day of April, 2011. SIGNED by the Mayor on this ___ day of ________ , 2011 . ATTEST: Michael Snow, City Clerk 1st publication: March 17, 2011 2nd
publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to form by City Attorney Gerald Dahl, City Attorney 4
· , , Cityof. ·rct:Wheat&....dge ~OMMUNI1Y DEVElOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commiss ion DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED:
LOCATION OF REQUEST: PROPERTY OWNER: APPROXIMATE AREA: PRESENT ZONING: COMPREHENSIVE PLAN: ENTER INTO RECORD: COMPREHENSIVE PLAN ZO ING ORDINANCE CASE MANAGER: M. Rcckert March 17,2011
WZ-II -OIICabc\a'" Coors, and Jefrer,on County Approval of peD l oning and a Concept Outline Development (ODP) 4000 Cabela Drive and 4105 Youngficld Service Road Cabel a's, Coors and
Jefferson County 2 10 acres (Concept Outline Development Plan) Planned Commcrcial Development (PCD), PO (Jefferson County) and A-I Regional Commercial/Open Space CASE FrLE & PACKET MATERIALS
DIGITAL PRESE TAT ION Attachment 2
All nOlificati on and posting requirements have been met; therefore, there i, juri,d iction to hear thi, cal.Oc. I. REQUEST The owners of the property submilled an appl icati on for
a two fo ld request. Case No. WZ-II -O I is an application for approval of Planned Commerc ial D~vc l o pillen t (PCD) LOning on property in the process of being annexed into the City
of Wheat Ridge located at 4 105 Youngfi e ld Service Road and a Concept Outline Development Pl an (ODP) for pro)Je rty located at 4000 Cabda Dri ve and 4105 Young/ield Service Road for
2 10 acres of land. Case No. W7.-11 -02 i, a request for a)Jproval of Pl anned Commerc ial Developme nt (PCD) Speci lic ODP on Lot' 1. 1, 2. 1, 2.2 , 2.3,2.4,3,5. 1, 5.2 and 5.3 within
the Clear Creek Cro" ing Concept Outl ine Development Plan Both cases were publi shed for the March 17 Planning Commiss ion hearing; however, because the 5ubmiual requirements for the
Specific Outl ine Development Plan have not bcen met, Staff recommends continuance of Case No. WZ-II -02 (Speci fic ODP) unt il April 7, 20 11. Included in the recommended motions is
one for continuance of Case No. WZ-II -02 Case No. ANX-II -O I (annexation of the TMAC purcel ) and Concept ODP and S)Jecilic ODP are sc hedul ed for )Juhlic hearing in front of City
Counci I on April 25, 20 I I. A major ;,ubdi vis ion plat is in the )Jrocess of being re vi ewed and is be ing schedul ed for public hearing. (Exhibit I, Project Narrative) II. EXISTING
CONDITIONS/PROPERTY HISTORY The land under ODP cons iderat ion incl udes several parcels with mul tiple ownership. The current property owne rs are Cabela's. Coors and Je fferson County.
(Exhibit 2, ownership map) The County-owned parcel comprised of 36 acres is under contract for purc hase by Cube la' , and Longs Peak Metropolitan Di strict. It previous ly contained
the Table Mountain Animal s helter which ww. rcct: ntly demolis hed and is Loned PO and A-I. The current developme nt plan for the property functions similar to the City's Concept Outline
De velopment Plan and establi shed the ex isting zoning on the property with allowed uses and development parameters. The animal she lte r was a permitted use under that plan. This parcel
is under cons ideration for annexation into the City of Wheat Ridge with a City Counc il public hearing set for April 25, 20 I I. The remainder of the property is located in the City
or Wheat Ridge, is comprised of 174 acres and is zoned Planned Commerc ial Development (PCD). It is currently vacant with a 28 acre water storage fac ility located in the southwest corner
owned by Coors. The property was annexed in 2005 and an Outline Development Plan was approved for the entire 174 acres. A Final Development Plan (FOP) was approved in 2006 for Lots I
and 2 for constructi on of an 185,000 square foot retail store. Spec ial use permits have been granted in conjunction with the excavation and Ii II deposition operations occurring on
the property. Planning CO Jllrni s~ i () n 2 WZ-II -O I/Clear Creek Cross ing
To racilitate construction or the Cabcla's store and surrounding development, many or the inrrastructure improvements associated with the project have been built as identified in the
Environmental Assessment for the original project. Those improvements include the widening and improvement of Youngfleld Street. construction of the W. 40'h Avenuell-70 undcrpas, rrom
Young field and the relocation of a pOItion or the Clear Creek greenbelt trai I. There have also heen improvements runded by COOT ror the construction or interchange movements between
State Highway 58 and 1-70. Improvements to the Clear Creek trail on the Jefferson County-owned parcels have occurred as well. III. CONCEPT OUTLINE DEVELOPMENT PLAN The applicants are
requesting a Concept ODP to redefine their development intent and to incorporate the Jefferson County parcel into the development. This document will be the zoning document for the entire
210 acres and will establish allowed usc, and development standard, for the property (Ex hibit 3. proposed Cuncept ODP document). The ODP is accompanied by a Design Pattern book which
further addresses signage design, architectural materials and public streetscape amenities. (Exhihit 4, Design pattern book) Allowable uses: The ODP establishe, allowed u,e, for each
parcel of land in the development area. A usc matrix ha; been included un page 2 which detail>, by parcel, the alluwed uses. The chart shuws "alluwed" in a column where a use i, allowed
for a particular parcel. If the word "allowed" is not pre,ent, the use i, not permitted. The lot numhers at the top of the matrix corre'pond with the lot numbers shown on the ODP site
plan on page 3. The majority or the site's uses were taken rrom the Commercial-One zone district regulati ons. Many of the normally permitted uses in C-I were eliminated based on trarne
generation and potential negative impact on the neighborhood. Eliminated uses include adult oriented businesses, auto sales, construction and heavy equipment sales, and mini-warehouses.
Drive-through uses are permitted but must meet specific design criteria regarding locat ion and screening (Page Hem 6 on page 5-4 or Design Pattern book). Uses north or Clear Creek owned
by Coors also allow warehousing and light industrial operation,. Lundscaping The proposed ODP document indicates that each lot will have a minimum landscaped coverage of 15% wilh the
overall landscaped coverage on the development of 20%. This is a reduction from the prior ODP which required 20% coverage per lot. The deve loper wi ll also be preserving 27 acres of
open space along Clear Creek which will he dedicated to the Metro District. Because the majority of the 1015 are broken into sub-lots, stafr is concerned about the distribution or the
landscaped coverage overall. After the first lots develop, the remaining few may have to provide a disproportionate amount to compensate ror reductions on the prior buildings. Upon request
by starr, a note has been added to the Design Pattern book requiring 15% landscaping on outparccis (page 5-4). In the zoning code, there arc three major components comprising the required
quantity or plant materials per site. Those requirements are specified below: Plnnning Commission WZ-tt -U tfC teo, Crock Crossing 3
• One private st reet tree located within thc minimum front setback for cvcry 30' of strcct frontage; plus, • Onc additionaltrce and tcn shrubs for everyone thousand sq uarc fcct of
requircd landscaped arca~ plus; • For every thirty parking spaccs, one parking lot is land contain ing one trcc and four shrubs. In add ition, the Strcctscape Design Manual (SDM) which
is schedulcd for adoption by City Council on March 28 will bc in placc at thc timc of 001' rcvicw. Thc SDM rcqu ire'> one tree plantcd cvcry 35' in a public amc nity zonc within thc
ri ght -o f-way. Othcr SDM requircments includc strcct furniturc and pcdcstrian lightin g. Othcr amcnitics within thc public right-of-way are addrc"scd on Pagc 4-4 of the Design Pattcrn
book. Thosc inc ludc benchcs and trash cans. Thc proposcd landscape sta ndards on pagc 2 of the ODP arc consistent wilh the requircmcl1ls specificd abuvc. Margarct Pagct, Ci ty Forcstcr
and Open Space Supervisor, commcnted relat ive to thc rccommendcd plant li st on page 3-3 of thc Dcsign Patte rn book. Her commcn ts should bc incorporatcd as a condition of approval.
Dctai lcd landscapc plans wi ll be rcvicwed at thc time of FOP submittal. Parking The minimum parking requircmcnts spec ified on Pagc 2 of the Concepl 001' arc gencrally four spaccs
pCI' thousand for re ta il and serv ice use, and six spaces per thousand for rcstaural1l uses. Thcsc ligu res arc somewhat reduced from thc ratios required in the loning code but higher
than the rcquireme nts in the mixcd usc I.o ne dislrict regulati ons. Allowances have becn made for shared pa rking. Due to the proximi ty to trails and pcdestrian improvemcnts, bicyclc
parking is a c ritical componcnt of thc dcvelopment. Bike parking is requ ired at a rate of 2% of required vehicular parking for structurcs over 15, 000 square feet in si7e and at a
rate o f 5% for structures less than 15,000 s. r. The City's , tandard bike parking ratio for commercial development is 2'70. Allowed Densities Rather than using maximum building square
footages, permilled building sizes arc bcing dctermined using Floor Area Ratios (FAR's). The allowed FAR's vary by lot as depicted in the Development Standards chart on Page 2 of the
ODP. As an examplc if a 10,000 square foot lot has an FAR of .5, thc allowed buildi ng size would be 5000 sq uare feet ( 10,000 square feet of land area x .5 FAR = 5000 square feet of
building area) The FAR's vary from .08 on Lot 7 to.5 on Lot 4. The specilicd FAR's have been addre"cd in the traflic impact analys is with the conclus ion that the proposed infrastructure
improvements and surrounding roadways, can handle the proposed building square foot ages. The FAR's have been increased somewhat from the original ODP document which need to be substal1liated
in the revised traflic analys is addendum currently under review by Public Works. Building Height/Setbacks Building hei ght is specilicd as bcing 50' for Lots 1,5,7,8,9 and 10 (anchor
tcnants and northcrn portion) and 35' for the southern portion which includes in -line shops, outparcels and the "village' Planning Commission WZ-J t-OtlCtear Creek Crossing 4
area. This is consistenl wilh Ihe zoning code. An exceplion is made for non-habilab le design fealurcs of up 10 15% of Ihe maximum heigh I des ignated for indi vidual properties. The
hei ght on Parcel 4 is also lied 10 CilY dalum based on proximily 10 reside nlial properlies 10 Ihe soulh and cas I. The maximum building hei ght on Ihis 101 is establi shed from a Iixed
elevalion poinl or 30' from grade. This would give Ihe abililY 10 conSlrucl a 50-foollall building wilhoul a large amounl of till. The building cannot exceed e levalion 5,530 so any
fill broughl in reduces Ihe he ight of lhe building. This is consislenl wilh a hei ghl reslriclion imposed during Ihe previow, ODP approval. Required se tbacks arc e,lab lished wilh
minimum front setback o r 15' wilh side and rear setbacks at 10' and 15', respectively. A provision has been made ror 0' side setbacks when sl ructures are buill or non-flammahlc male
rials and consislenl wilh Ihe 2006 International Building Code (IDC). Fencing llJ1d Lighting Fencing requiremenls arc refleclive of Ihe pertinenl seclion of Ihe zoning code (Sec lion
26-603. Lighting slandards exceed Ihe 18' hi gh maximum po le heighl slandard in Ihe zoning code aI35' . Ralionale is Ihat if lighl poles are hi gher, fewer are required. Several nOles
have been added 10 the ODP and Design Pattern book req uiring fully shielded, cUI-oIT lixlUres and Ihat all lighling be conlained on Ihe properly. Lighting will be reviewed at the FDP
siage with a pholometric plan req uired. Site Access/Circulation The deve lopment will gain access from various local ions. One main entrance 10 Ihe si le will be from a new public slreel
(Cabela Dri ve) connecli ng 10 Youngfie ld Service Road west or La Quinta in a north/soUlh alignmenl. Cabela Drive will conlinue north and wesl, evenlually connecl ing 10 a new interchange
al Highway 58. A second poinl of access will be from new hook ramps from [-70. Weslbound Ira flic will be able 10 access Cabela Drive direclly; converse ly, s ile palrons will be able
10 eonlinue weslbound onto [-70 afler visiling the s ile. The Ihird access poinl will be 40'h Avenue via an underpass from Young tie ld Streel under 1-70. We,t 40,h and Ihe under pass
were compleled in 2008 alld dead-end at Ihe "old" Younglield Service Road. Upon infrastruclure complelion, 40'h Avenue will conlinue wesl between LOIS I and 2 and inierSeCI wilh Cabela
Drive in Ihe interior of Ihe s ile. An addilional inlerior public slreel idenlilied as Clear Creek Drive will provide c irculation Ihrough the "village" pori ion or the development.
This streel will meetlhe widlh requirement for a local Slreet wilh parallel parking on bOlh s ides. Proposed access points from dedicated SlreelS are designaled with black arrows on
page 3 or Ihe ODP. All required righl-of-way is located wilhin Ihe Cily of Wheal Ridge due to prior conveyances and annexations. Signage Signage is addressed on page 2 of Ihe ODP in
Ihe Developmenl Siandards Table, in addilion 10 the Design Pattern Book. On page 2-1 of Ihe Design Pattern Book, a sile localion map is included which Planning COlllmi ss iun WZ-II -O
I/Clear Creek Crossing 5
identi fies proposed locati on" for signs within the development. The s ign prototype, arc depicted on page,> 2-4 and 2-5 of the Pattern book. Es;entially, there are four diffe rent
freesta nding signs iden tified: Primary monument "ign" Projcct ID monument s ign" Outparcel ,ign, and Landma rk ID ~ig n ". Each category has , pecilic , ize and hei ght re,trictions.
Staff would note that two of the Landmark ID s igns arc located o fT prcmise~. This is allowed as the ~ i gn provi s ions in the ODP and Pattcrn Book are considered a Ma;, ter Sign Plan
and allowed pur; uant to legis lati on approved in 201 0. The freestanding s igns will be constructed in a cons istent des ign to provide a uni form design clement for the project. Wall
s ignage is add ressed in the Development Standards c hart and on page 2-2 of the DP book. Wall "ignage is to be ad ministered somewhat di ffe rently than what is prescri bed in the
loning codc. In Chapter 26, a bus iness is allowed to have wall s ignagc onl y appurtenant to a public street or major interior drive. The ratio for wall signage allowances i;, one s.
f. of , ignage allowed fo r eve ry linea r foot of wall space to which the s ign is attac hed. Proposed wall s ignage all owances in this applicati on allow wall s ignage calculated
by totaling the linear fro ntage of all building e levations and appl ying the one ' quarc foot standard. Proposed wall , ign, could be placcd on an y or all walls as long as the tOlal
does not exceed what is permitted hy the formula. Thi ~ is a planned development application with national reta ilers as owne rs and potential tcnant,. The indi vidual building elevatio
ns will have varied elevati on view ex posures which may not necessarily be appurtenant to public strcct front agc for the individual parcel s. For these rcasons, Stafr is supporti vc
of this departure from the s ign code. A note has been included on page 2 of the ODP to add ress after hours-light ing so that busi nc,se, mu;,t turn off their ex terior lighting two
hours after store c losure. Staff be lieves that this wi ll be ex tremely diffi cult to enforce and recommends this pro vi s ion be rcmovcd. Trails/Pedestrian connections Various pedestr
ian way, arc prov ided th roughout the development. Pedestrian linkages will include a ten-foot wide trail extending north from West 32'''' Avenue along the west side of Cab c ia Dri
ve to the Clear Creek greenbclt at the bridge crossing on the wcst side of Lot I. The trail will provide an additional route al ong the north s ide of W. 40'h Avenue nner its intersecti
on with Cabe la Dri ve and lUrn north on the east s ide o f Lot I (old frontage road). It will also connect to the re located trail on the south side of Clear Creek. Detached sidewalks
at least 6' in width arc required along both s ides of dedieatcd public streets. Pedestrian crossings arc provided at all signali zed intersections. Pedcstrian connections are also requi
red from all buildings out to the publi c street s idewalk and through large parking lots to main building entrances. Architecture and Transparency Proposed architectural features and
materials are addressed in Section 0 on Pagc 2 of the ODP and on pages 6-1, 6-2, 6-3 and 6-4 of the Design Pattern book. The architectural features and material; spec ified are intended
to be used throughout the development and serve as one of the unifying features. In doing so, the following features are identified as roof forms , structural el ements, walkway Plm,ning
Co rnllli ~s i o n 6 WZ-II -O I/Clear Creek Crossing
c1emenls and canopy clements. On primary e levalions, each Slruclure must have lhree e1emenls from lhe three separate categories identi lied on page 6-2. Architectural matc rials on
page 6-3 are broken down into primary and secondary male rial s. Primary materials must comprise 75% of the main fac;ade and include slone, wooden s id ing, stucco and brick. Sccondary
materials must comprise 25% of the main fac;ade and incl ude integra lly colored spl it-faced CMU, timber beams, metal and roofing ti les. AU olher facades have no standard percenlages
for archi lectu ral materia ls usage but ha ve to usc materials idenlified in the pri mary and non-primary male rials lislings. Transparency for mosl commerc ial deve lopment is specilied
in the Archileclural anu Sile Design Manual. The transparency standards on Ihe ODP arc detai led on page 6-5 of the pallern book hased on s ize of the indi vidual tenant space. Small
tenants (0-14,999 sf): Medium tenants ( 15,000 sf -99,999 sf): Large tenants ( 100,000 sf or larger): 60% of primary facade 30% of pri mary fac;ade 15% of pri mary fac;ade Staff believes
lhat lhis standard may be hard to adminisler based on ind ividua l len ant space and would recommend this be applied to structu res, not tenants. IV. ZONE CHANGE CRITERIA T he Concepl
ODP application
req uires ana lysis re lative lO the zone change cri te ria outlined in Seclion 26-11 2.D.2. The Planning Commiss ion shall base ilS recommendation in conside rat ion of the extenlLO
which the fo llowing crite ria have been met: L The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error; The re is not
a mistake on the oflicial c ity maps. The properly is zoned Planned Commerc ial Development. If these cases arc approved the zoning maps wi ll be updated to re flect annexation and zoning
on the old TMAC parce l. 2. A change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development
transitions, T he properlies have historically been ulili-leu for gravel and mining operalions. At the concl usion of the mining acti vi ties, the property remained vacant. In 2005,
a portion of the properties were annexed and given a PCD zone designation. The properly ex ists where an interstate highway and a slate hi ghway converge. As a result, the surroundin
g area has steadily grown and changed to prov ide more commercial services. The properly east of 1-70 (A pplewood Shopping Center) conwins large regional stores. The properly to the
north of Highway 58 (44'h Avenue lnduslrial Park) was annexed into the City in 1999 and developed wilh office/warehouse uses. In antic ipation of development of thi s area into a regional
commercial node, in fras tructure im provemenlS have occurred which incl ude the widening and improvement of YOllngfi e ld Street, Phmning COlllmission WZ-I I -O I/Clear Creek Crossing
7
construction of the W. 40'h Aven ue/l-70 underpass from Young lield and the relocat ion of a port ion of Ihe Cl ear Creek greenhe lt trail. There have abo heen improvemenls funded hy
COOT for Ihe con,tructi on o f inte rchange movement, hetween State Highway 58 and 1-70. Siaf/cOllcluties Ij,ar Ihis crileriol/has beel/lIIei. The Planning Commission shall also find
that the evidence supports the finding of at least I'our 01' the following: a. The change of zone is in conformance, or will bring the property into conl'ormance, with the City 01' Wheat
Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area; The CilY of Wheal Ridge 's Three-Mile Plan is an addendum to Envis ion Wheat
Ridge, Ihe Cily's comprehens ive pl an adopted in October 2009. The intent of a Three-Mile pl an is to show property outside the currenl ci ty limit which may be cons idered for annexati
on or be developed which may impaclthc city. The Three-Mile Pl an des ignates Ihe proposed annexalion area as Regional Commerc ial on the ,0Llthcrn one-third and open spacc on the northern
Iwo-th irds. The pl an speaks to Ihese des ignation, with the intent for the Regional Commerc ial to incl ude retail, employment, restaurants and hotel Llses. The des ignation of "open
space" is a des ignation to indicate the land should not be developed; hut may not nccc» arily be owned by a publi c entity. Envision Wheal Ridge's Siructure Map speci liea lJy designates
Ihi ~ prope rty as Open Space on Ihe northern on -Ih ird and Mixed-Use Commerc ial wi thin a Regional Commerc ial Cenler on Ihe soulhern Iwo-Ihirds of Ihe combined parcels. (Exhibil
5, Siruciure Map) Regarding the open space deSignation, Ihc Clear Creek Tra il corridor i5 an importa nt assel 10 the CilY of Whcal Ridge and our park infras tructurc. Annexat ion of
Ihe TMAC parcel will allow Ihe c ity 10 conlinue 10 ex pand control of Ihis importanl corridor and manage it 10 max imize ils recreation, aeslhelic and environmenlal valuc. The category
of Mixed Mixed Usc Commercial and Regional Commerc ial Center specilically addresses Ihis dcvelopment. II is intended thai the cenler will feature several anchor stores and other complemenlary
relail tenants, in addition to secondary uses such as employment, reSlaurants, or a hotel. The property and buildings wilhin the center should be des igned wilh landscaping, hi gh qualilY
urban design and architeclure. It should preserve s igni fi cant vicws and incorporale green space. In addition 10 the structure map designalion, Ihere are other goals be ing met by
Ihis application. Economy lind Land Use • Make Wheat Ridge a "community of choice" in which to li ve, work, shop, and recreale. • AUracl quality retail developme nl and acti vely retain
existing retailers to locate in Wheat Ridge. • Retain and diversify local employmcnt. • Increase the diversity of land uses. • Revita lize key redevelopment areas. PI <.l llning COlllmission
WZ· II -OIiClear Creek Crossing 8
Community Services • Continue investment in parks, recreation and open space Sustainable Future • Establ ish and maintain a resilient and sustainable tax ba,e. • Protect and preserve
natural as~ets . Staff col/elI/des that this criteriol/has beel/met. b. Tbe proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts
considering the benefits to be derived; The properly directly to the south of the proposeu development along 32'Kl Avenue is m neu PCD and contains a hotel, restaurants and a gas station.
The properly on the east ,ide of 1-70 is a large shopping center which provides a variety or reta il , restaura nt and service uses. The original Cabela'slCoors annexation is currently
zoned PCD with a speci fied range of land u'e~. This application will extend the zoni ng north onto the former TMAC s ite. Parcels to the south of Clear Creek arc envisioned to be more
retail and service oriented which ;' consistent with properties directly to the south and east across 1-70. The allowed uses for the proposed concept ODP will be compatible with the
aJIowed uses in these two areas. Parcels 9 and 10 which are north or the Creek are allowed light industrial uses in add it ion to the retail , office and service on the rest of the development.
These light industrial uses are consistent with the 44'h Avenue Industrial Park located across Highway 58 to the north. SlIlff nmeludes thlll this criteriol/has "CCI/met. c. There will
be social, recreational, physical and/or economic benefits to the community derived by the changc of zonc; The approval of the annexation and Concept ODP should create a benefi t to
the community. Except for the Coors' pond on Lot Six, the property is vacant and has historically been used for mining. The developable portion of the TMAC parcel is c urrently underutilized
and is somewhat of an eyesorc. If the property is developed it will provide additional services to the surrounding res idents and c reate jobs. Any retail sales on the property wi ll
generate sales tax revenue for the City, Jefferson County Open Space, lhe School District and Jefferson County. Special taxing districts providing service to the area will receive increased
property tax revenues. Many of the traffic infrastructurc improvements identified with the ori ginal approval have been constructed which have benefited the surrounding area. Improvements
to the Clear Creek trail have resulted in recreational benefits. When the land is developed there will be numerous pedest rian improvements which currently do not exist today. Staff
COl/eludes that this criteriOI/has beel///l et. Planning Conuniss lon WZ-I t -OI /C tear Creek Crossi ng 9
d. Adequate infnlstructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgr'ade and provide such where they do not exist
ur are under capacity; All re,ponding agencies arc able to ,erve the property. Long' Peak Metropolitan Di , trict wa, formed and will fund and com.truct all on-site public improvements
and infrastructure. The developer \ViII he responsible for insta llation or public street,cape improvements. Staff t"OlIe/lldes thm thi,' criterioll has heen met. e. The change of zone
will nut adversely afTecl public health, safety or welfare hy creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties;
The request wi ll not adversely affect public health, safety and welrare in the area. There arc changed conditions rrom the old gravel mining operation which was a pOlential hazard to
residents in the area. While development of the properly will create higher traflic volumes to the site, the numcrous roadway improvements which have already occurred in the vicin ity
have alleviated traffic congestion. Drainage wi ll be improved in the area based on construction of the regional \Vater detention area adjacent to Clear Creek. The parcels and subsequent
bu ildings will be constructed to minimize air and light impacts to adjacent properties. Staff colleludes that this criterioll has beell lIIet. 3. The application is in substantial compliance
wilh the applicable standards set rorth in the Arc/riteetural ami Site /Jesigll Malll/al. It is intended that the ODP and Design Pallern Book be , land-alone design documents. While
some of the standards in the ODP arc based on thc ASDM. it has its own regulations. Staff m llc!tldes that this criterioll is 1I0t applicable. V. NEIGHBORHOOD MEETING The required pre-application
meeting for neighborhood input was held on February 25, 20 10. There were approximately 35 persons in allendance. Thc meeting was held in an "open house" format and comments were solicitcd
through comment sheets (Exhibit 6, Neighborhood meeting recap. Ex hi bit 7, Sign up sheet, Exhibit 8, wrillen comments) Plnnning COlllll1is'\ioll 10 WZ· I 1-0 I /C le~lr Creek Cro::.sing
VI. AGENCY REFERRALS All affected service agenCies were contacted regarding their abil ity to serve the property. The developer will be responsible for any needed upgrades to accommodate
the proposed development. Specific referral response · follow. Jefferson County: No comments Renewal Wheat Ridge: Applicat ion complies with goals of the Urban Renewal Area. Prospect
Recreation and Park District: Has commented regarding the increased traffic and potenti al impact on their two parks located on access roads leadi ng into the development. West Metro
Fire Protection District: Can serve the properly. Water plan, hydrant locat ions and access to structures and buildings will be further addressed as plans progress Applewood Sanitation
District: Developer must apply for inclusion in the district. Property can be served with install ation of upgrades. Fairmount Fire Protection District: Can serve the property. FUlUre
fire-rclated improvements mu,1 be rev iewed and approved. Consolidated MutU'll Water District: Can serve Ihe property subject to install ation of improvements. Colorado Department of'Transportation:
No specillc comments al this time. Xcel Energy: Can serve. Wheat Ridge Public Works: Has reviewed and approved a master drainage stud y. [nslead of each parcel having separate detention
facilities, a regional pond will be located on the western portion of the Jefferson County parcel. A trarllc study has been reviewed and additional information is required to address
off-site conditions. Wheat Ridge Forestry and Open space: Has conunented relative to suggested plant list in Design Pattern book. Wheat Ridge Police: Is reviewing the traffic addendum
to determine impacts on resources and personnel. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that the ex tension of the existing PCD zoning and incorporation of the
TMAC parcel is logica l. Staff further concludes that the proposed zoning and ODP meet the criteria used to evaluate a zone change. For these reasons, Staff gives a recommendation of
approval for Case No. WZ-II-OI with the conditions listed below. Pl:.mning Commission WZ-II -O I/Ckar Creck Crossing II
VII. SUGGESTED MOTIONS: Clise No. WZ-I 1-01 Optioo A: "'I move to recommend APPROVAL of Case No. WZ-I I-O I, a request for approval or Planned Commerc ia l Development (PCD) !.Oning
on propcrly being conside red for annexation at 4 1 05 Youngficld Service Road and that a PCD Concept Out line Development Plan, inc lud ing the Design Pallern Book, on property located
at 4000 Cabela Drive and 4 105 Youngfield Service Road ror the following reasons: I. The TMAC parcel located at 4 150 Young lic ld Se r v i~e Roau i, unucr con, iucrati on for annexation
and Loning must be approved within 90 day'. 2. Ex tension of the PCD !.Oning and development to the nOrlh i, a logieal use for the properly while pro tecting the open space area currently
located in the Clear Creek corridor. 3. The request is consistent with both the Three-Mile Plan and the Envis ion Wheat Ridge. 4. Many or the infrastructure improvements are already
constructed. 5. There will be economic and rec reational benclits rrom the development. 6. The proposed uses are compatible wi th commerc ial uses in the vici nity. 7. All requi remen
t, for a Concept ODP have been met. With the rollowing condit ions: I. Commclm gcnerated by the c ity Park,. Open ' pace and Forcstry supe rvisor he incorporated in the De, ign Pallcrn
book. 2. The a ppli~a nt s hall supp lement, or modify, the Wheat Ridge Cahc1a's -T ra ffic Impact Anulys i, Update (Fehruary 23, 20 II ) to surric iently add res\ the Pu blic Works
Department comme nts und requests. The Public Works Deparlment must approve the linal docume nt prior to the hearing on the ODP be rore the City Counci l. 3. The note regarding the requirement
to turn o iT ex terior s ignuge two hours a fter a store is c losed be e liminated. 4. All public infrastructure and improvements including streetscape amenities and dra inage rac ilities
be constructed prio r to the Certilicate or Occupancy. 5. On page 6-5 of the des ign Pallern book, it be spec ilied that the transpare ncy requirements apply to buildings, not tenant
spaces." Option B: "'I move to recommend DENIAL or Case No. WZ-II -OI, a request fo r approval or Pl anned Commercial Developme nt (PCD) zoning on property be ing considered for annexati
on al 4 105 Young lie ld Service Road and that a PCD Concept Outline De velopment Plan, inc luding the Design Pallern Book , on properly located at 4000 Cabel" Dri ve and 4 105 Youn
gfi eld Service Road ror the fo llowing reasons: I. 2. 3:· Case No. WZ-II -02 Option A: " I move to CONTINUE Case No. WZ-I I-02, a request ror approval o r Planned Commercial Developme
nt (PCD) Spec ific Outl ine Development Plan on Lots 1. 1,2. 1,2.2,2.3,2.4,), Planning CO ll1mi ~sio n WZ· II ·OI/Clear Creek Crossing 12
5. 1, 5.2 and 5.3 within the Clear Creek Crossing Concept Outl ine Development Plan to the April 7, 20 I I Planning commi'sion meeting for the following reasons: I . Not all submittal
require m e nt ~ for a Speci fic ODP have becn met." Planning C Olnmi ~s i u n WZ-I 1-0 IIC lcar Creek Crossi ng 13
Official Outline Development Plan Narrative Introduction On May 23, 2005, the City of Wheat Ridge approved an Outline Development Plan (ODP) for the Cabela's/Coors site ("Approved ODP").
That ODP zoned the property for the limited uses of grading and water storage. This Narrative accompanies an application for an amendment to the approved ODP ("ODP Amendment"), to allow
the Cabela's retail use on the site, as well as associated other uses. This ODP Amendment has been prepared in accordance with the requirements of Section 26-308 of the Municipal Code
for the City of Wheat Ridge, Colorado ("Code"). This land use application also addresses the goals and recommendations outlined within the amended Wheat Ridge Comprehensive Plan adopted
in October of2009. Provided the ODP Amendment is approved by the City, subsequent land use applications anticipated for this proposal will include a Final Development Plan and a Major
Subdivision. This ODP amended application encompasses approximately 211 acres and is comprised of multiple parcels. The three principal ownership groups are Jefferson County, the Coors
Brewing Company of Golden, Colorado (a Delaware Company) and Cabela's Wholesale, Inc. (a Nebraska Corporation). This amended submittal includes 33 acres of Jefferson County property
within the ODP boundary, which will be considered for annexation by the City concurrently with this ODP application. A pre-application meeting was held with city staff and representatives
of the development team on January 28th at City Hall. In addition, several follow-up coordination meetings were held to address specific topics within the ODP amendment process. A neighborhood
meeting for this ODP Amendment was held on February 25, 2010, at the Wheat Ridge City Hall Council Chambers. Public notification of the Neighborhood Meeting was conducted in consistent
with requirements as identified in Zone Changes to a Planned Development Zone District of the City of Wheat Ridge Zoning Code. A mailing was sent directly to all residents and property
owners within 600 feet ofthe property line. EXHIBIT 1
Proposed Uses The predominate use of the subject property will be a 130,000+/-square foot Cabela's retail facility located in the central portion of the site. Surrounding the Cabela's
facility will be supporting retail, restaurant and lodging uses. North of the Cabela's retail site, separated by Clear Creek, are three properties owned by Coors which will be developed
into additional non-residential uses. This ODP application includes a Design Standards Pattern Book that provides guidelines for the development of Parcels I through 10. These guidelines
address approved uses, building density, and vehicular/pedestrian circulation, site planning requirements, architectural requirements, and landscape requirements. Parcels I, 2, 3 and
5 are submitted as a Specific ODP, while parcels 4 and 6 through 10 are submitted as a Conceptual ODP and will require a Specific ODP site plan submission at a future date in order to
develop. Although this ODP application is divided into Conceptual and Specific ODP components as described, both are part of an overall development plan and application package, and
should be considered together. Located in the southwestern corner of the subject property is a 29-acre parcel (Parcel 6) which has been developed as a water storage reservoir for the
Coors Brewing Company pursuant to the existing Approved ODP. The material excavated from this area has been used to balance other development sites within the subject property, resulting
in no off-site export of material. Site Characteristics The subject property is generally located in the southwest quadrant of State Highway 58 and Interstate 70. The site has historically
been used for sand and gravel mining and is currently undeveloped. The resulting landform from previous mining activities had left much of the site with open excavation areas, steep
slopes and poor drainage. The excavation and grading performed pursuant to the Approved ODP for Parcel 6 has largely remedied this condition, and prepared the site for further development.
Clear Creek and its corresponding floodplain separate the northern third of the property. Most of the Clear Creek floodplain is found on the Jefferson County property with a small portion
located on land owned by Coors. Running diagonally through the property are 2 large raw water supply lines and I waste water line owned and operated by the Denver Water Board. The eastern
edge of the property includes frontage along 1-70 with adjacent commercial and retail uses. South of the subject property is an established neighborhood ofsingle-farnily homes. Southwest
of the site is the Applewood Golf Course with an existing water storage facility located northwest of the proposed development. North of the site and along State Highway 58 are office
and warehouse uses. 2
Access to the proposed development is planned from 32nd Avenue with a new road called Cabela Drive. Cabela Drive generally follows the Denver Water Board easement diagonally through
the project and connects to the planned new interchange along SH 58. Off-site roadway improvements include significant upgrades to the 32nd and Youngfield interchange with 1-70 as well
as the interchange at SH 58. Additional access for the site is an extension of 40th Street under 1-70 connecting to Youngfield. Public Infrastructure A Title 32 Metropolitan District
is currently in place to extend and build major utilities and road improvements for the development. Proceeds generated by the Metropolitan District are to be used solely for infrastructure
development serving the entire development parcel. Off-site improvements such as road construction, interchange improvements and storm water facilities benefiting surrounding properties
are also funded by the Metropolitan District. The Metropolitan District's authority to levy property taxes is contained entirely within the project boundaries. Criteria This ODP Amendment
includes the addition of several uses (travel center, commercial, office, and miscellaneous retail accessory uses) as permitted uses, and is considered a rezoning under the Wheat Ridge
Municipal Code ("City Code"). The following section will describe how the ODP Amendment meets the criteria set forth in Section 26-112(0) of the City Code for approval ofa rezoning,
and an ODP Amendment. Rezoning The City Code contains eight criteria for rezoning approval. The first criterion relates to an error in the existing zone classification, which does not
apply in this instance. Criterion #2 has five (5) sub-requirements, of which at least four (4) must be met, and is separated from Criterion #3 with the word "and." Accordingly, following
is an explanation of how the proposed ODP Amendment and the Cabela's project itself meet all of these criteria, excluding the criterion related to error. 2. That a change in character
in the area has occurred due to installation of public facUitles, other zone changes, new growth trends, deterioration, or development transitions, and that the evidence supports the
finding of at least four (4) of the following; A change in character clearly has occurred in the area surrounding the Property. In recent years, the area has experienced increased density
and intensity of use, partly due to the opening of the Colorado Mills Mall in November, 2000, and the development of significant retail uses immediately north of the Colorado Mills Mall.
Furthermore, the property was annexed by the City of Wheat Ridge in December, 2004. This annexation 3
removed the Property from the land use jurisdiction of Jefferson County, and placed it under the jurisdiction of the City of Wheat Ridge. Finally the completion of mining operations
in this area significantly changed its character. The OOP originally approved by the City on May 23,2005 allowed only mining reclamation/grading and water storage as approved uses. Cabela's
has now completed the grading operations, and reclaimed the Property, rendering it suitable for economically productive reuse and redevelopment, and fulfilling the Remediation Plan for
the Property. 2a. That 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 Property is located in an area designated for "Regional Commercial Center" in the Wheat Ridge Comprehensive Plan (Addendum, 2009)
and is located along the Y oungfield Commercial Corridor. Thus approval of this OOP allowing these additional mixed-use types of uses is consistent with that designation and the goals
that are identified within the comprehensive plan. Furthermore, approval of this OOP Amendment provides the City with an opportunity to realize some of the transportation goals outlined
in that document. For example, the Wheat Ridge Comprehensive Plan Addendum notes that: Improvements to complete the I-70/SH58 interchange movements are needed to improve not only access
to the area, but to increase mobility for the region. . . .. Improvements to the I-70/32nd A venue interchange to increase capacity will be needed. Cabela's will construct a significant
portion of these improvements. As noted, the entire package of transportation improvements and funding has been identified, and is the subject of an Environmental Assessment conducted
by the Federal Highway Administration (FHWA), in association with the Colorado Oepartment of Transportation (COOT). The Environmental Assessment was finalized in 2006. Following the
Environment Assessment, a corresponding "Finding of No Significant Impact" (FONSI) was issued in February of 2007. The development outlined in this OOP Amendment will provide a trail
connection from 32nd Avenue to Clear Creek, as identified in the Wheat Ridge Comprehensive Plan Addendum. The development authorized in this OOP Amendment will also assist Wheat Ridge
in achieving some of the economic development goals set forth in the Wheat Ridge Comprehensive Plan, by providing good jobs, an improvement in property values and property tax collections,
and a significant improvement in sales tax collections. Importantly, the project outlined in this OOP Amendment, anchored by the Cabela's 4
retail store and other retail anchors will be more than simply a retail amenity and sales tax generator for the City of Wheat Ridge. This development will be a regional draw, bringing
shoppers and their families from throughout the Denver metropolitan area, Colorado, and the Rocky Mountain Region. The benefit of this development to the Wheat Ridge community cannot
be overstated. lb. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived; The proposed
change of zone is entirely compatible with the surrounding area. The Property is bounded by single family residential to the south; Clear Creek and multi: purpose trail to the North;
and Applewood Golf Course to the southwest. Immediately to the east is 1-70; east ofI-70 is a significant development of high intensity commercial use, including a Wal-Mart discount
store, and Applejack Liquors. The Cabela's retail store and associated commercial development will replace an existing former mining site. This retail/commercial use is far more compatible
with the surrounding uses than the mining use, and, with the exception of a few residential properties to the south, will not border on any property zoned for less intensive uses. Perhaps
more importantly, the development ofthe Cabela's store and the associated commercial development will provide a regional amenity to the community, drawing in tax dollars, and providing
local residents with additional shopping and restaurant choices. Cabela's has worked closely with City staff to address issues related to noise and lighting, and to ensure that any potential
adverse impacts on surrounding areas will be minimized by strict attention to lighting standards, and compliance with Wheat Ridge City Code and state statutes governing noise. The PUD
provides for significant setbacks from adjacent residential uses, as well as architectural and lighting controls, to minimize the impact. Landscape features currently found along Clear
Creek will be not only preserved, but in some cases enhanced, with the development outlined in this OOP Amendment. The most significant impact the project may have on the surrounding
area is traffic. It is true that the Cabela' s store and associated commercial development will generate significant traffic -indeed, the project will need to do so in order to be successful.
However, as described in more detail elsewhere in this Narrative, any adverse impact of this additional traffic will be more than offset by the significant transportation improvements
to be provided by Cabela's, as well as the overall traffic improvements that will be part of a larger project, funded by COOT, Jefferson County, and the City of Wheat Ridge, in addition
to Cabela's. This improvement package will not only accommodate the traffic generated by the Cabela's store and associated commercial development, but will remedy longstanding deficiencies
in the street infrastructure in the community, and accommodate regional and background traffic into 2030. 5
2c. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone; Approval of the ODP Amendment to add uses benefitting the
surrounding neighborhoods and allow the development of a Cabela' s retail store to move forward will provide tremendous benefits to the community. First, the community will receive the
physical benefit ofCabela's reclaiming a former mining site, replacing it with a fully developed, aesthetically pleasing and economically
productive, retail store and associated uses. This ODP contains detailed Development Standards, including Architectural Standards, Lighting Standards, Fencing Standards, and Standards
governing Character of Development that will assure the highest quality and aesthetics of design in the development of the Project. From a purely physical standpoint, the quality development
on this property will be a vast improvement over the current state of the property. Additionally, the Cabela's project has served as a catalyst to spur the long-needed coordinated study,
design and construction of traffic improvements from Ward Road and 1-70, to 32nd and 1-70, including improvements to Youngfield, and the addition ofa westbound ramp from Highway 58 onto
1-70 (completed). These improvements are being designed in a holistic way and will be environmentally cleared for phased development now and in the future, providing a tremendous physical
benefit to the community. The overall transportation improvements to be made as part of this project also include significant improvements to benefit pedestrians and bicyclists, as well.
This includes improvements and connections to the Clear Creek Trail immediately north of the Cabela's retail site, as well as connections throughout the entire lOO-acre plus site. The
economic benefit to the City of Wheat Ridge is phenomenal, and undisputable. As a recent study conducted by the City of Wheat Ridge reveals that the City will receive slightly less than
$4.5 million annually in revenue from sales, sales, property and lodging taxes. In addition to revenue generated by the Cabela's store, the store will provide more than 300 jobs to the
community. And the jobs created by Cabela's are highly desirable jobs; Cabela's was named one of Forbes magazine's Top 100 employers in 2000. Cabela's is well known for its community
participation, and support of such organizations as Ducks Unlimited, Pheasants Forever, the National Wild Turkey Federation, the Mule Deer Foundation, the Rocky Mountain Elk Foundation,
Trout Unlimited, Delta Waterfowl, Orion, Quail Unlimited, the Ruffled Grouse Society, and others. The proposed retail store will include public space, including an aquatic display, and
taxidermy display. 6
2d. That adequate infrastructure/facilities are available to serve the type of uses aUowed by the change of zone, or that the appUcant will upgrade and provide such where they do not
exist or are under capacity; The most significant infrastructure issue, already discussed in this Narrative, is the extensive transportation improvements to be made along the 1-70 corridor
in the vicinity of the Property. These improvements will serve not only the proposed Cabela's retail store and associated commercial development, but will also remedy long-standing transportations
deficiencies in the community. Indeed, the majority of the transportation improvements proposed are not required to serve traffic generated by Cabela's, but will incorporate such improvements
with improvements needed to meet existing regional needs. Cabela's will be contributing in upfront payments and bonding capacity, a minimum of$18 million towards the construction of
these traffic improvements. The advent of the Cabela's project has been the catalyst needed to bring all of the relevant govenunent agencies to the table to coordinate and fund these
improvements. Additionally, the Property has available water and sewer to serve the Cabela's retail store as well as the additional commercial development proposed in this ODP. Cabela's
will make all of the improvements required to serve its retail store. The developers of the future retail shown on this ODP will make the improvements required to serve such development
when application is made for approval of a Final Development Plan authorizing such development. 2e. That the change of zone will not adversely affect pubUc health, safety or welfare
by creating excessive traffic congestion, creating drainage problems, or seriously reducing Ught and air to adjacent properties; and TItis criterion has largely been addressed previously
in this narrative. This ODP Amendment allowing the Cabela's store and associated commercial development will not adversely affect the public health, safety or welfare; to the contrary,
it will vastly improve the existing situation in this area. Approval of this ODP Amendment will replace a former mining site with a high quality modem retail development, replete with
amenities to serve the community, and characterized by high quality architecture and materials. The project will be the catalyst to remedy longstanding traffic infrastructure deficiencies
in the community. The large size of the property, and its position adjacent to 1-70 make it the ideal location for this type of project; there is little residentially zoned property
nearby, and the site design has positioned the most intensive uses as far away from this residential property as possible to minimize impact. The project will not create any drainage
problems, or reduce light and air to adjacent properties. Indeed, the former mining activities on this site left a poor drainage condition which will be remedied by the infrastructure
improvements to be constructed by Cabela' s. 7
3. That the application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual In order to address the standards within the
Architectural and Site Design Manual (ASDM), the Design Standard Pattern book is being included as part of the amended ODP application. This Design Standard Pattem Book includes requirements
and guidelines associated with site planning, architectural design, and landscape design consistent with the standards set forth in the ASDM. The ASDM was adopted by City Council in
2007 and identifies the properties contained within this amended ODP submission as falling within the Suburban Overlay Area. 8
~ ~ ~ = ~ ~ N EXHIBIT 2 Clear Creek Crossing PCO: Ownership Map Case No. WZ-11-01 Concept Outline Development Plan Case No. WZ-11 -02 Specific Outline Development Plan c:J OOP Bounda/y
Current Ownership c=J Cabela's Wholesale Inc Coors Brewing Company o Jefferson County ;""""""..;........:;;.,,""'""'""~'--__ c.o._ ..... _ .c.-......e --..I2_ lIISCu..If:II.NOTw::f :
N 1 ~.£-"_"01""_",,,,,,,,,,_"" __ 11 ..... _ ... .........".~ ......... oI __ i&..." .. ' • ._--6_1)0 n..CoIr"_IW~, "'JooII"OfI~ c"""-_ .......... fII"'S_"~ ~ ................... _~
... __ .n._ ...... _ .. _.,~_ -.. ... n.._. .. ...._ " ... ",.", ... __ -.-.-. -" n...., ..._.. . ". _._. __-..--r-.-. _-..,.. ..-... _....._.. . ._. ... c-. ... ,, -__ -..,_ .... -•
• _., _ ... nt __ _ ~of W ncatR!9gc CIty 01 'N\~t A, • . Colcnoo 7S1X1 WI&I Ntn "'te!\~. WIN! R.oge. co a0033-4oo1 303 2"' .5iOO Cr ...... I>y~ .. 1oUtuI.U. "'-1.MQOll DMIoS_, C ...
ofW-C~QS
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! z I "1 ~ , ~ . ill t ,Ii 0 I iii. w, I • .. ~ I u ~ . ~ U) 0 ~ I i 0 0 !!! ill ::! 0:: ~ r I ~ 1:; u Z .. => • 0 "" >< • u , ~ ~ • ji , :i z i ~ 0: I-~ I w ~ I z ~ ~I, z 0 " · ; "
I u u ~l'" w u ~~ ~ "' ! .. ~ I ~ -~ Ii f II I " 0:: -'(I §I 0 1'1' ;3 i P IL ~Is w -c , u => • .:::! i 0 'I I -' :l 0 u ~ i u , ! u ~ ~HII ~ ! ill ~ I 0 -J 0:: ~ ", t 0: ~ i iii' w
>-• w ! ~ 'II !I I 5 ! 0 ~ I ~ 1 i R. > ;3 ~~ ~ ~ I ! ~ , Ii w u I lii'l ; !I! 0 hll. w t 0 Zoi , g; ;= . u 0 «-J -:Z: 'i ~"-"~~ ~ "--~a w :.u;-!Z U ~ ::::E .!! W w .~ 3nNYtv QNZt Nt
~ "'2 z ~ o .a,,->-~. ~I'! (.) lJ 0 ~ ·i I Z .,-' C qa~ Z ~~ OW W i W ~ '6 8~ z 0 ~8 z gw >-~" j"'~ z ! .... ~~ ,",-' w ~~ ~o a.. "i!; l ~_~ ~~ CI eO O .~ !!!: ~:;: irl e~ U) ~w r:;
liI! -----U) u W o Z c ~..; a: 8 zw .!"~ t-0 2 ~; -W lo: en ~ :,. z W O @~ ~ w ~ ~i u a: « ~ ~ 0 uu: ~ ~ a: "-~. ~ o o~ Z " -J .. ' 0 , i r-1'1 ~G 'I Ii Iii IiI Ii ill 'i-I, ,al !' n!
Ii i rl I • ii, !I~ II m iiI II loS !Ii II ~ ~!i § • fjf I I I" .f. If fit ,,' i -II! J'll, ~I , ill , I. lli Ii' " 13 "H i§ . 'f :'" f II ib !II' Ht ~1I111 Hi Ii II ! ml wIll U~ z 11'1
~ .1 2;11 .,1, II, Ii ~ ~'5 u ' ~ I ii" !, 'I I 'Ih I -" p ~ ihj ~ II ~ l ' fllj-,t ! i Ii I ~ I. o I It, f,! hi ~h I :z ill I !iii !" II i :s! IJiI III IJ. >-ig~ i lid 0: 'I ~ I' !ill
Ii III ~ ~~ 0 ; It u I f '/II ·1, ;;; g~ I ! II!! I ~!II !iil hit III " i~ 0: if w => w w -uc I I,
, ( LOT 10 25.51 ACRES +/-I \ \ \ ,\ CABELA'S \ \ \ \ \ \ \ CLEAR CREEK CROSSING PLANNED (Formerly known as Cabela's) CONCEPT OUTLINE DEVELOPMENT PLAN AN OFFICIAL OUTLINE DEVELOPMENT
PLAN OF THE CITY OF WHEAT RIDGE, CO "LOT Of LMD.lOCAnDlN ntE SE tHOf SfCTlON 1'. 1)£ sw lit Of SECT10N 20, TlE NW 114 Of SECTIOHN.N<iDTIE NOR1'I£AST1I' Of M IE mOl.JARTEROf SECTIOH XI.
T l S, RI!8W. OfMSlXTkPJ,I., CI'TY OF 'MEAT IOOGE.COIMTYOF JEFFERSON. STAn:OfCOlalAOO LOT 1 63.21 ACRES . ,. 1IOTl[: ACCI!U I"I*n on 01' c..t.HLA1IIIM,_TH ....... NIO n_.T 1.I0E1 ZL
P'I.&OJC C~A _MI l toC1'UoOI.l.OCA_WlU... _ ... 'TMI~OI' 1NCfiC __ ""-LOT 7 13.68ACRES +{. ------------"--.....----~=-_ <, '" I:'J~ LOT2 NEWCABELA DRIVE R.O.W. LOTS 22.00 ACRES +/-LOT
6 (WATER STORAGE) 28.62 ACRES ./. o -~-DATE: 2.24.11 LEGEI'D .......,., ... _. . -PUIUC"'" _._._.-"""'"" CWRcoru ---"""""" ... ""Ell """ , ..... """ """" """""" nw. ~ """CTION """""""""'"
LAND USE TABLE /111 ,--------------------(t lJUio ~ SCALE: 1' · 200' CLEAR CREEK CROSSING OUTLINE DEVELOPMENT PLAN J'REPAAEO rot a." .. ~ " ·oaLO'. Fo .... on Ollu,.-no' 11_,,_,_-__
c.oc... .&_-'_I "X _I I_ cor.ll/;f __ .-. ... _PREPAAEll B-Y---10 \toC __ __ 1mI_lfA1:lIl1llOl-IIIIU COII.ocr !lDlll.aI'II:CMC."'" .. • •• A" •• .• ' ..... ",. a__wGrroIIe.rI_ IC_I mO_.f1t
Wll. TF T'IIIXoUICJ(ICII,ICJDOoW_ I ~ ~DU~ \10 • .-JCX,1If _eo. _ __ (IIIIIo.!.,,. ,Olt PD.'''' corocr __ '--'= "'VlUfaJ.I"M..~eo __ IIIIII_'U ___ CO<f.oa .otI_
!II • ~ ~ • ~ ~ 'I 'I 'I 'I 'I 'I 'I 'I 'I 'I 'I 'I 'I 'I 'I 'I 'I 'I 'I 'I 'I 'I \ 'I 'I 'I \ 'I 'I 'I 'I \ 'I \ 'I 'I 'I Clear Creek Crossing Outline Development Plan /' Design Standard
Pattern Book /' _l ( ""I! 1'" ... -" . -, .~ .~ .... 1'1'1'1'1'1'1'1'1'1'1'1 EXHIBIT 4 W"KI U'S FUlu 'IU" T Ot T~ITT t; N ' ,, .. ".( • , ....... . l,oN_ f __ ~ffiY1f5 This Design Pattern
Book is to serve as a deSign supplement to Cleat Creek CrOSSing Planned Commercial Development Concept Outline Development Plan approved pursuant to Case No. WZ-11 -01 . .. B A c.r~
'H ;. <" .,.piS architecture lie
"'"-•"••.. .... ..l1..li..9 ...... ...... ......., ... ''."".'' .'".' ....... ...... .... .... .. ''"" i''""t Preface: This design standards manual is intended to establish minimum levels
of design and regulatory guidetines that the City of Wheat Ridge can adopt as part of this planned commercial development. This document focuses on creating standards for a vibrant environment
for residents and visitors. The supporting imagery irlCOllX>rated into this document is meant to be considered as Design Guidance and not restrict architects and planners to final solutions
tOf the development .a long IS the design Intent ia conll,tent with this Design Standard Pattern Book. The developer shall be required to submit to the City of Wheat Ridge detailed plans
specific to architecture, landscape, and engineering tor city approval as a Final Development Plan submittal. Successful developments start with quality Site Planning, Landscape Design.
and Signage Standards . This manual will provide the necessary guidance needed needed to achieve a creative and feasible solution. J 8 ,"LHd Pat'er 1 BO'1k Contents: Section 1 : Overall
Section 4 : Site Amenities 1-1 Preface and Contents 4·1 Stteetscape Themes & Amenities 1-2 Conceptual Master Plan 1-3 Proposed Vehicular Circulation Routes 4·2 Conceptual Stteetscapes
Zoning Plan 4-3 Conceptual Stteetscapes Zoning Types 1-4 Proposed Pedestrian & Multi-Purpose Routes 4-4 Site Amenities and Pedestrian Areas Section 2 : Signage 4-5 Site lighting 4-6
Decorative LlQhting 2-1 Master Sign Plan· Freestanding 2-2 Master Sign Plan -Wall Mounted 2·3 Freestanding Signs (Introduction) 2-4 Freestanding Signs (Types 1 & 2) 2-5 Freestanding
Signs (Types 3 & 4) 2-6 Building Signage Section 5 : Site Planning 5-1 Site Planning Standards 5·2 Site Planning Standards 5-3 Site Planning Standards 5-4 Outparcel Site Planning Standards
Section 3 : Landscape 5-5 Outparcel Architecture Standards 3-1 Sustainable landscape Strategies 3-2 Unifying Landscape Features 3-3 Recommended Plant List 3-4 OVerall Landscape Themes
3-5 Landscape Standards: High Plains J..6 landscape Standards: Critena 3-7 landscape Standards: Parking Areas Section 6 : Architecture 6-1 Architectural Intent & Character 6·2 Unifying
Building Elements &.3 Unifying Building Materials 6-4 Unifying Building Articulation &.5 Transparency Requirements 6-6 Bunding Orientation Requirements 6·7 Servicing and Screening Preface
and Contents 1-1 1II'.61ii architecture lie
Clear Creek Crossing Outline Development Plan Design Standard Pattern Book .......... ,-: ... '-.. ~~;'. -... ".'r.~ -~ I', '1','1 '1" ','1',','1 EXHIBIT 4 \\'0111 u's POICI;\tOST 01
THTTt. lC· IIw""~ • h • • " • 1, .u_. I " ~ , ~~t;~~5 This Design Pattem Book is to serve as a design supplement to Clear Creek Crossing Planned Commercial Development Concept Outline
Development Plan approved pursuant to Case No. WZ-11-01 . I ands<"ape At • • "'.Nlit architecture lie
Preface: This design standards manual is intended to establish minimum levels of design and regulatory guidelines that the City of Wheat Ridge can adopt as part of this planned commercial
development. This document focuses on creating standards for a vibrant environment for residents and visitors. The supporting imagery incorporated into this document is meant to be considered
as Design Guidance and not restrict architects and planners to final solutions for the development as long as the design Intent Is consistent with this Design Standard Pattern Book.
The developer shall be required to submit to the City of Wheat Ridge detailed plans specific to architecture, landscape, and engineering for city approval as a Final Development Plan
submittal. Successful developments start with quality Site Planning. landscape Design, and Signage Standards. This manual will provide the necessary guidance needed to achieve a creative
and feasible solution. '1 d l ,J iJ.l t. k -: .... Contents: Section 1 : Overatt Section 4 4 : Site Amenities 1-1 Preface and Contents 4-1 Streetscape Themes & Amenities 1-2 Conceptual
Master Plan 4-2 Conceptual Streetscapes Zoning Plan 1-3 Proposed Vehicular Circulation Routes 4-3 Conceptual Streetscapes Zoning Types 1-4 Proposed Pedestrian & Multi-Purpose Routes
4-4 Site Amenities and Pedestrian Areas 4-5 Site Lighting Section 2 : Signage 4-6 Decorative Ughting 2-1 Master Sign Plan -Freestanding 2-2 Master Sign Plan -Wall Mounted 2-3 Freestanding
Signs (Introduction) 2-4 Freestanding Signs (Types 1 & 2) 2-5 Freestanding Signs (Types 3 & 4) 2-6 Building Signage Section 5 : Site Planning 5-1 Site Planning Standards 5-2 Site Planning
Standards 5-3 Site Planning Standards 5-4 Outparcel Site Planning Standards Section 3 : Landscape 5-5 Outparcel Architecture Standards 3-1 Sustainable Landscape Strategies Section 6
: Architecture 3-2 Unifying Landscape Features 3-3 Recommended Plant Ust 3-4 Overall Landscape Themes 3-5 Landscape Standards: High Plains 3-6 landscape Standards: Criteria 3-7 landscape
Standards: Parking Areas 6-1 Architectural Intent & Character 6-2 Unifying Building Elements 6-3 Unifying Building Materials 6-4 Unifying Building Articulation 6-5 Transparency Requirements
6-6 Building Orientation Requirements 6-7 Servicing and Screening Preface and Contents A-16. 1-1 "'.it"'i architecture lie
N -.~.:u:, -.'f """" ~~ " ~ ---...-. ::; 1 r-----I~.. . -------..--T:""" "":' --.--;1:. : : I .. " , lOT7 ' ~. \ _...... i .~. /1 1 . /\ \ )f-. , ___ U /to.. .~j /.·~)i ._J 'I ("-/:--f;:':-.1;
' . ,.I: --M>!J " 22.0ACR£,!J.1-. " . . L ' \ ~ bQ!..! jc " ~It ! /~ r ":""u _ ...... I' * __ //·cJ --'---r "' , !51. ' . ~ . -.$"'" . ::, <rCLl,ri t t • )I ' !:2!..! ,I ",. >eRES .
, : 11\ /. ---:>" I.; .. I \ \ , LOT 10 ! 25.51 ACRES 0/-• ) ,, ------< ) c:1: , .. ~., ,, _ 0' ' -d:0:!i::i1r-: .. -__ _ _ _i_~ ' ".k~.~ ,v~-t, --........ , ... --.--.. .. -! .....
--J '. r===~ .:> ~." IIfl'IliflATIlft ~~ , Within the boundary of the Outline Development Plan, 10 lots are illustrated on the Conceptual Master Plan map for purposes of identifying
specific allowable land uses for each 101. The intent of these standards is to provide an overall foundation to which all future development must build upon. Refer to the Official Cabela's
Outline Development Plan of the City of Wheat Ridge and this Design Standard Pattem Book for the allowable uses chart for each lot Nole: Lot lines shown on lots are for illustrative
purposes only. Refer to plat for final locations of lot lines = Conceptua l Master Plan 1-2 "'.itt architecture lie
N --".'."c:'"u-:'~ . .'( ~ ~~ . . --~ I ~~";j,-,> r , o .... ". '.'1'c~'.' ! ""-' i ""-' 1 ' I , ~ _m """" JL r:v. L __ ~-/,:-C.; ~f~ ~~~1r--" =.I e b";, ;; _. loW 1-\ ... /\ '_ ;.~.
_-----------, .r=:",,=== )0,1'11 ,t ---..--t.. 1,, "-.. ~ • IOU rll I'VTI.RI!~CIPMIHT II: i em ;jA! ,.../-: ~0< I ,/-,'= : , I 15M1._ em ) ,, ------< e i • ~A~'" --__ -c=============-===========o====
====~~----------------~~ The proposed development is located on an undeveloped site on the westem edge of the City of Wheat Ridge near the interchange of Interstate 70 and State Highway
58. An update to the 2007 traffic impact study has been prepared to determine future traffic impacts and recommend on-site and off-site infrastructure improvements. With both direct
access from Interstate 70 and State Highway 58, this development is ideal for regional destination retail as well as local businesses. Access to the surrounding thoroughfares wilt provide
a variety of opportunities to enter the development including connections planned for the project density and trips produced. Three access points adjacent to the site are planned to
accommodate the development. 1. A new full highway interchange onto SH 58 between 1·70 and MCintyre Street. 2. Access is provided off of Youngfield Street via a new 1·70 underpass (40th
Avenue). 3. New hook ramps off of west bound 1·70 directly into the Clear Creek Crossing Development. 4. A continuous mutti·lane roadway named Cabala Drive will provide access from W32nd
Avenue to the new interchange with State Highway 58 to the north. A new W40th Avenue is also planned to connect Cabala Drive to Youngfield Street. The circulation pattems shown are subject
to minor change with final traffic studies and engineering approvals. Private drives are shown as possible access points for the future development pian. Refer to the current Traffic
Impact Study for more detailed information. Proposed Vehicular Circulation Routes 1-3 B.bii': architecture lie
N -"""~ DE!) r r " ---...~.... .. ,---------------1 ---------lI!II._ ~ ----lOT 2 --":_"1'1 , ~~ .... -~----------, _Aa III'!'l-. -......... w. r _"1'1_ -1II;EW...xs TO. "'" "" 1, PflNATt:NTVIIW.
_w_ -'"'" Many unique characteristics make this site '8 great opportunity for a well planned commercial development tOf the City of Wheat Ridge. One of the best opportunities has to
deal with enhancing the pedestrian qualities of Clear Creek by extending the existing multi-use trail into the development which wiJl then tie to the future pedestrian network. This
future pedestrian network shall consist of public and private sidewalks, shared and/or dedicated bike paths. and raised crosswalks. Special emphasis placed on quality and functionality
of the pedestrian environment improves social interaction, connects the existing fabne of the adjacent neighborhood. encourages walking from destination to destination without the use
of the car, and at limes provides an outdoor extension to the adjacent bUIlding use. Clear Creek and its existing trail system will nol only provide a unique element of design to the
development but will also act as inspiration for planning the overall pedestrian experience. Open Space: Cenlral to the Site Planning efforts will be the inclusion of dedicated open
spaces consisting of a variety of elements. These areas will feature public accessible amenities that win enhance the existing natural features of the site (such as Clear Creek) and
will supplement the proposed development plans with functional open space uses. Restorative Wetlands: Special attention will be given to the landscape and drainage features for Clear
Creek Crossing that win focus on creating an environmentally sensitive habitat. Public Sidewalks Potential opportunity for Multi-Use Path Existing Multi-Use Path Conceptual Open Space
Locations P roposed Pedes t rian & Multi-Use Routes 1-4 •. lin: archit ecture l ie
,g ~ ~ ~ -" ~ ~ ~ I ~ ) a N ) .:0 <J) + + 0: ~ T"' '" N <1l c: Q) + C) () .0-CO c ~ ... c: 0 C) Ifj mQ) .m
'I) lJ () ~ ~ ~ -~.--; ~ ~ ~ ~ 0~ Ci!:2 ~~ r * f 'IUQj I ! llli!Hliii~Pi 'illllltljJI!t·l! I i,f.11! .·lr111 !~ Itiil~il!;ft f I~ j! Jiilmi! hI. *ii.!n!I IIII!!i!!!il luillhlh ,g ~ ~
13 ~ :;: e m I Ol ~ c N "0 C to -C/) Q) Q) ~ u. c to a... c Ol (/) ~ Q) -C/) to ~ ' i ,z I
0 C EXAMPLE PERIMETER WALL LENGTH DIAGRAM 4\:11 --0 I EXAMPLE BUILDING ' ...... -h ! T' 'lP = "I C])---{? "I IF' I' 11 TOTAL WALL PERIMETER" (491'-6" x 2) + (294'-" II: 2) " 1,571'-2"
EXAMPlE SIGN AREA CAlCULATION OIAGRAM 41'''---s ----"""] I~I t WOflLD'8 FOIBIOST ~1l}1 SIGN AREA '" 41',,-x 15'-10"" 654 SF ALlOWABlE WAlL SIGN AREA . I SQUARE FT FOR EVERY 1 LINEAR
FT OF WAlL b ~ ~ ~ <" ,J n S dr, d d J ') d ' I' r r ~ ~ WALL-MOUNTED SIGNS Location Building # Total Perimeter Sign Area Sign Area Notes Wall Leng'h Allowed SF Proposed SF Lot 1 Lot
1.1 Gabela's 1570' 1570 1488 lot 1.2 Anchor B 1584' 1584 113D Shops A 412' 412 1130 Mini A 420' 420 1130 Mini B 240' 240 1130 MiniC 430' 430 1130 Bldg 0 278' 278 1130 Lot 2 Bldg E 310'
310 1130 Bldg F 310' 310 1130 Bldg G 290' 290 1130 Bldg H 290' 290 1130 Bldg I 404' 404 1130 Bldo J 266' 266 1130 Lot 3 Lot 3 680' 680 1130 Anchor C 1665'4" 1665 501 loiS Bldg A 320'
320 1130 Bldg B 340' 340 1130 Bldg C 378' 378 1130 WALL-MOUNTED SIGNS At1ICIe VII sec. 26-702 from the Wheal RIcIQe Sign Code defines a wall sig" as "A sign constructed 01 durable mat.rIal,
Of painted and which IS permanenlly aflixed \0 an a)derio( ,utf&ce of any lKJilding, wall or structure and wIlich doe, not aleland mora than frfteen (15) inches beyond the building wall,
IKtej)I thallignage placed upon maf'Qu&e$, eanop!8S or 8wnll1QS shall be consoOel9cl as wall signs.' W. are providing a Master SIgn Plan for the project incILIding calculabonslor Wall
Slgnage OUt larget Big Bolt tenants and other National tenants may require more that 1 Sf per avery ineel loot 01 frontage on specffic elevations, due to the SUbur1»n natura of the projed
far visibility 01 walllIgtlS to public righll of WI'j and reglDnllllughways. The total alloWabie ..... aII sign area is 10 be calculated by totatng the ~ frontage 01 .. elevltions Ind
"loWing 1 SF of signage pet linear front of elevltion. The aIIowaOIe sign area is permitted 10 be cbbibutecl actOSII any 01 the elevlbOnS In any number oIllQns and is not reltricted
10 the IinNt frontage 011 specific: elevltion as long II the slgn ..... !CUI (lit Jignliddld IOgethlt) don not exceed I SF oIlign ..... Jor I linear fool 01 total buiIIing length (II
elev8bon IengthlllClcled Iogelhet). Master Sig n Pla n -Wall-Moun ted 2-2 B'.ttl: architecture Ilc
) r r d P t K Signage The Clear Creek Crossing planned commercial development will potentially accommodate a variety of commercial tenants such as reta il, restaurants, banks, hotels/motels
and office. This section of the design manual will govem signage types, locations, areas (square footage), and heights. All signs shall be architectural in character and encouraged to
be innovative to establish a unique image throughout the overall development The objective is to preserve the aesthetic qualities and principles of the current sign regulations with
additional means and methods needed in order for a development of this magnitude to feasibly function according to its distinct size, programmed mix of uses, and regional draw. All sign
designs. including materials and colors, shall be submitted to the City andlor the master developer for review and approval. There are primarily two types of signage; freestanding signs
(site signage) and wall mounted signs (building signage). 1. Freestanding Signs Freestanding signs are defined in the City of Wheat Ridge Code as ·signs that are permanent and self-supporting
, being nondependent on the support from a building or other structure, induding signs placed upon fences or non-supporting walls.· A planned commercial development of this sile incorporates
various types of freestanding signs to properly advertise tenants, direct users and identity the project. All signs not listed below shat! be govemed by the current City of Wheat ridge
Code. All freestanding signs shall have landscaping at the base of the sign scaled appropriately for the size of the sign. Pole signs are not permitted. Pylon signs must have fully enclosed
bases. Signage & Env i ronmenta l Graph i cs : Frees t and ing Signs 2-3 "'.bii': a rchitecture lie
Type 1 -Primary Monument Monument type signs are defined as a freestanding sign that is supported entirely by its own ground-mounted solid structural base and not by support poles. The
base shall be equal to or greater than the length of the sign face induding any structure within which the sign is located. The maximum area of a primary monument sign is to be 150 SF.
Refer to the tables on page 2-1 . The maximum height for Primary monument signs shall be 12 feet and shall meet the requirements for sight distance triangles to not obstruct views (refer
to page 2-1). The minimum setback is 10 feet. All free standing signs shall be placed within landscaped areas. The materials used to construct the sign shall be compatible with the architecture
and predominate style of the buildings used throughout the each district. Type 2 -Project 10 Monument The Project Identification monument is a freestanding structure thaI will identify
the development in no more than two specific locations within the overall PO boundary and three additional locations at vehicular access points leading to the project. Project identification
and! or project logo shall be pennitted on any face of the sign. In no case shall advertisement for businesses be permitted on the sign. The sign area (square feet) of the project identification
and! or project logo shall be identified upon approval in elevation and shall not exceed 100 square feet for each face. The maximum height for Project Identification signs shall be 12
feet and shall meet the requirements for sight distance triangles to not obstruct views (refer to page 2-1). The minimum setback is 10 feel. All free standing signs shall be placed within
landscaped areas. The materials used to construct the sign shall be compatible with the architecture and predominate style of the buildings used throughout the development. Il ''>IIl
1 . t r li F ~ t t ., o~ Example of a Type 1 Primary Monument sign. Example of a Type 2 Project 10 sign. Signage & Environmental Graphics: Freestanding Signs A· ., 2-4 ""t.sii': architecture
Ilc
Type 3 .Outparcel Outparcels will be developed over time. The maximum area of the primary monument sign for an outparcel is to be 50 Square Feel Refer to the tables on page 2-1 . All
free standing outparcel signs shall be placed within landscaped areas. The maximum height for freestanding outparcel signs shall be 8' and shall meellhe requirements for sight distance
triangles to not obstruct views (refer to page 2-1). The minimum setback shall be 10 feet. All free standing signs shall be p(aced within landscaped areas. The materials used to construct
the sign shall be compatible with the architecture and predominate style of the buildings used throughout the development. Example of a Type 3 outparcel sign. I • WW".'ID Example of
a Type 4 Landmark Identification Sign. r F Type 4 -Landmark 10 Signs The Landmark Identification Signs are freestanding structures adjacent to and oriented towards 1-70 or Route 58.
Project identification and advertisements for (7) seven businesses within the development shall be permitted on each of the three structures. No businesses located outside the PO boundary
shall be advertised on the sign. Maximum sign area of 600 square feet for each face shall be permitted. The sign may be internally illuminated anellor
contain a digital reader board. A maximum height of 50 feet shall be permitted. The height is to be measured from the adjacent 1-70 or Route 58 road grade to the top of the sign structure.
The minimum setback is 30 feet. All Landmark 10 signs shall be placed within landscaped areas. The materials used to construct the sign shall be compatible with the architecture and
predominate style of the buildings used throughout the development. Signage & Environmental Graphics: Freestanding Signs • The SUppcll'llng im8gefy 1$ c;;onc4IpIU8l in nature.!. 2-5
.t.tt""i architecture lie
.. ,yA'~ ~ J . ~, \ j ' r----L-:..o ~ ~ Example of a restaurants primary wall mounted sign. Examples of a under canopy signs. Examples of Projecting Sign Jl'> n S 2. Wall Mounted Signs
A Wall Mounted Sign is constructed of durable materials or painted and which is pennanently affixed to an exterior surface of any building. wall or structure and which does not extend
more than fifteen (15) Inches beyond the building wall, except that signage placed upon marquees, canopies or awnings shall be considered as wall signs. A planned commercial development
of this size incorporates various types of wall mounted signs to properly advertise tenants and direct users. Building Wall signs must fit within the architectural features ofthe facade
(e.g. not overlapping columns or covering windows), and complement the building architecture. Wall signs may extend beyond physical lease space. We are providing a Master Sign Plan for
the project including calculations for Wall Signage (reference page 2·2). Our Larger Big Box tenants and other National tenants may require more that 1 SF per every lineal fool of frontage
on specific elevations, due to the Suburban nature of the project for visibility of wall signs to public rights of way and regional highways. The total allowable wall sign area is to
be calculated by totaling the linear frontage of all elevations and allowing 1 SF of signage per linear front of elevation. The allowable sign area is permitted to be distributed across
any of the elevations in any number of signs and is not restricted to the linear frontage of a specific elevation as long as the sign area total (all signs added together) does not exceed
1 SF of sign area for 1 Linear foot of total building length (all elevation lengths added together). For multi-tenant buildings smaller than 15,000 SF, 1.5 SF will be allowed. Type 1
-Primary Walt Mounted Signs for Tenants These signs identify the individual tenants within the building and are located on the exterior of the building in which the tenant is located.
These signs are to be located on the side of the building that is considered the primary entry/exit to the tenant space. For tenants with a comer entry, the tenant may choose which side
is considered as having the primary entry/exit, As long as the overall permitted sign area is not exceeded, tenants are permitted multiple signs on the primary entry/exil facade of the
building. Type 2 -Secondary Wall Mounted Signs for Tenants Tenants are also permitted secondary wall mounted signs that may be placed on a non--entrance/exit side of the building that
contains the tenants space. Secondary Wall Mounted Signs are permitted to face public righl-of ways, parXing areas, private streets or drives. Type 3 -Under Canopy Signs In addition
to the wall mounted tenant signs, each tenant is permitted one pedestrian oriented under-canopy or arcade sign with a maximum area of four square feet. These under-canopy signs are not
permitted to be internally illuminated, must maintain nine feet vertical clearance above pedestrian walkways, and shall only contain the tenant name and logo in which the tenant is located.
3. Projecting Signs Projecting signs are defined as signs affixed to any building, wall or structure and which extends beyond the building more than fifteen inches. Projecting and wall
signs are not permissable on the same wall. Tenants are allowed 1 per street frontage per business. Sign area is limited to 1 SF for each 1 foot of height of the building to which the
sign is attached, The maximum height is the top of the wall or parapet. and signs may not be roof mounted. The maximum projection is 10 feel. The sign must maintain a minimum height
of 7 feet from the the street frontage or sidewalk. Signage & Environmental Graphics : Building Signage 'c'.' 2-6 "".ftc architecture lie
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~" " " ~,:" . ,~..,..'. ~~ .. ' " , . .r-~ . . I~;" .... . '.t . . '" ., . ( .-Biodiversity supports wildlife habitat l ow water use plants • The auppo!Ulg imagery is c:ooc.eptUaI in
nature Sustainable Landscape Approach Several key approaches will be promoted as part of the overall landscape design. These approaches are focused on creating a sustainable landscape
that is more naturalistic in appearance and uses fewer resources compared to a typical landscape. The following will be utilized to accomplish this approach: High Efficiency Irrigation
System: The use of low emitting drip and high efficiency spray irrigation heads will be required. A Central Control irrigation will be evaluated as part of the overall irrigation strategy.
A Central Control system has the potential of reducing irrigation demand by over 30% simply by monitoring evapotranspiration rates and adjusting irrigation laterals to adapt to microclimate
conditions. • Raw Water: The use of raw water as a source for landscape irrigation wilt be considered. Raw water reduces dependence on treated water and lessens the demand on treated
municipal water supplies. The use of raw water would be through delivery by ditch or by well and in conjunction with a holding pond. Raw water storage can also be used creatively to
create an aesthetic amenity through delivery in streams and through attractively designed storage ponds. • High Efficiency Lighting: A high efficiency lighting system will be used which
not only reduces electrical demand but also meets the requirements of full cutoff lighting to reduce light pollution by incorporating full cutoff fixtures. Lighting witt also be selected
using lamps which reflect a color temperature which more closely reflects natural light. This will likely be Metal Halide, color corrected High Pressure Sodium, or LED light sources,
depending on location and functions. Water Quality Opportunities Adaptable Plants • Adaptable Plant Materials: A variety of Trees, Shrubs and Perennials will be specified based on their
hardiness and demonstrated success in our semi-arid environment. Natives will be given preference however some adapted and accepted drought tolerant species may be used in key visual
areas. Only native plants will be used in designated natural areas . Biodiversity: Plants wilt be selected to provide a high degree of biodiversity. The use of a diverse plant palette
results in a larger ecological potential which ultimately supports a more diverse wildlife population. Biodiversity will be especially important in the Clear Creek natural area. Plants
in this section of the site will be entirely native and be selected based on their current existence within the area. Using native and highly adapted plants provides multiple benefits
induding: Lower water use, few if any fertilizers or herbicides, and greater plant and wildlife habitat Low Water Use Plants: Low water use turf grasses W111 be used in select locations.
In high visibility areas turf may be mowed to maintain a well kept appearance, In other areas grasses will be allowed to grow to maintain a natural appearance, to Improve habitat and
to reduce energy use associated with mowing and to reduce chemical use. Many of the trees, shrubs, grasses and perennials that will be recommended will be able to survive off of indigenous
rainfall or on reduced amounts of water. • Water Quality Opportunities: To enhance the water quality leaving the site, water will be treated with water quality ponds or swales. Water
quality ponds or swales will be designed with native plants to expand the site biodiversity and encourage wildlife. • Sustafnable Materials: A variety of materials that are utilized
on the site will encourage the use of pre and post consumer recyclable materials. The use of materiels that are renewable will also be encouraged. • Learning Opportunities: A special
emphasis will be placed on promoting leaming opportunities within the project landscape. Topics associated with the Colorado Landscape and sustainable design will be discussed through
interpretive signage, graphic site elements, landscape design and site amenities Induding sustainable initiatives that will focus on water and energy conservation and the unique attributes
associated withIn the appropriate landscape zones including wildlife haMat and historical highlights critical to each story. These leaming opportunities are planned to occur along the
Clear Creek trail recreational areas. 11)8 A.r .. A . ", Susta inable Lands cape St rateg ies 3-1 B.fiJi"'i architecture lie
~xo _ Pedestrian Plazas with Outdoor Seating Pedestrian Plazas with Outdoor Seating • The aupportIng rnagery is conceptual in nattn. o eo:o C -, , " Unifying Landscape Approach: A significant
unifying element of the project will be the landscaping and urban design components associated with the site. A diverse and colorful composition of plantings and site elements, representing
the Colorado prairie and foothills landscape will be utilized throughout the property. The design will include solutions that are focused on both the vehicular and pedestrian scale and
speed of the viewer. Based on the unique functionality and theme for this retail environment, the streetscape program will vary from the typical urban streetscape approach. Required
street tree quantities will be honored, but will be utilized as part of the thematic experience. Naturalized masses will be encouraged in key areas, replacing the often linear plantings
found In urban environments. Gaps between tree groupings are intended to reflect a naturalized arrangement and provide visibility to retail and natural views associated with the site.
The landscape will be designed to fit with the natural environment of the site. Turf and landscape beds will be focused on key areas within the streetscape. Native seed options will
also be provided to promote the overall theme of the landscape design. Native seed that is utilzed shall be allowed to grow to maturity and re-seed after establishment. An establishment
plan shall be submitted to the City for native seed areas. Ptant material composition will be structured in flOwing masses that reflect the Colorado prairie. The representative planting
palette below is focused on providing adaptable planting options offering multiple season Interest as well as achieving the biodiversity mentioned above. Special design features will
be utilized within the landscape to create visual interest. These may include small plazas, benches, rock caims, stone wall features, special paving materials and patterns, boulders,
theme fencing, and dry or wet streambeds. Interpretive signage will be utilized in Lot 1.1 along the multi·purpose trail and the Clear Creek trail areas. Opportunities also exist to
incorporate signage for the tenants and development within the landscape. In addition to slgnage, key focal areas should incorporate opportunities for social interaction induding seating
opportunities. ilr:jscapo A'~ :0.-:1 GP • , Unify in g Landscape Fea t u res 3-2 Bl.DiS architect ure lie
Deciduous Shrubs Amelanchier alnifolia Amorpha canescens Amorpha fruticosa Arcostaphylos uva-ursi Aronia arbutifolia 'Brilliantissima' Aronla melanocarpa 'Iriquois Beauty' Artemesia
tilifolia Artemesla tridentata Atriplex canescens Cercocarpus montanus Chamaebatiaria miUefolium Chrysothamnus nauseosus Chrysothamnus viscidifloros Comus sericea 'Isanti' Fallugia paradoxa
Lonicera involucrate Mahonia repens Physocarpus monogynus Potentilla fruticosa Prunus besseyi Prunus besseyi 'Pawnee Buttes' Rhus glabra Rhus trilobata Ribas cereum Rubacer parviflorus
Salix exigua Sambucus racemosa Sheperdia argentea Symphoricarpos albus Saskatoon Serviceberry Leadplant False Indigo Kinnikinnick Brilliant Red Chokeberry Dwart Chokeberry Sand Sagebrush
Tall Western Sage Four Wing Saltbush Mountain Mahogany Fembush Rabbit Brush Low Rabbit Brush Isanti Dogwood Apache Plume Twinberry Honeysuckle Creeping Oregon Grape Mountain Ninebark
Shrubby Cinquefoil Western Sandcherry Creeping West. Sandcherry Smooth Sumac Three Leaf Sumac Golden Currant Thimbleberry Coyote Willow Red Berried Elder Silver Buffaloberry Snowberry
" C'. Deciduous Trees Acer negundo 'Sensation' Sensation Boxelder Celtis ocddentalis Western Hackberry Fraxinus pennsylvanica 'Patmore' Patmore Green Ash Gleditsia triacanthos inermis
'Imperial'lmperial Honeylocust Populus x acuminata Lanceleaf Cottonwood Populus sargentii Plains Cottonwood Salix amygdaloides Peach Leaf Willow Ornamental Trees Acer glabrum Acer grandidentatum
Alnus tenuifotia Betula occidentalls Crataegus macracantha Populus tremuloides Prunus americana Quercus gambelii Evergreen Trees Abies concolor Juniperus scopulorum Picea pungens Picea
engelmanni Pinus aristata Pinus edulis Pinus flexilis Pinus ponderosa Rocky Mountain Maple Bigtooth Maple Thinfeaf Alder Rocky Mountain Birch Western Hawthom Quaking Aspen American Plum
Gambef Oak White Fir Rocky Mountain Juniper Colorado Spruce Engleman Spruce BrisUecone Pine Pinyon Pine Limber Pine Ponderosa Pine Ornamental Grasses Achnatherum hymenoides Andropogon
gerardii Bouteloua curpitendula Bouteloua gracilis Deschampsia caespitosa Festuca rubra Panicum virgatum Schizachyrium scoparium Sporobolus heterolepis Perennials Achillea millefofium
Aquilegia caerulea Amica cordifolia Coreopsis tinctoria Erigeron speciosus Dalea purpurea Delphinium virescens Gaillardia aristata Geranium richardsonii Iris missouriensis Liatris punctata
Linium lewisii Oenothera caespilosa Penstemon strictus Penstemon Ratibida columnifera Rudbeckia hirta Thermopsis divaricarpa Yucca glauca Zinnia grandiflora an ~~;e AI • Of Indian Ricegrass
Big Blueslem Side·Oats Grama Blue Grama Tufted Hairgrass Red Fescue Switchgrass Little Bluestem Prairie Dropseed Common White Yarrow Native Columbine Heartleaf Arnica Plains Coreopsis
Aspen Daisy Purple Prairie Clover Plains Larkspur Blanket Flower Richardson Gerarium Rocky Mountain Wild Iris Spotted Gayfeather Blue Flax Tufted Evening Primrose Rocky Mountain Mexican
Hat Black Eyed Susan Gold Banner Soapwead Rocky Mountain Zinnia I!I ~I CP , N , , .-Natural Parking Lot Islands Natural Markers Provide Character Interpretive Signs Recommended Plant
List AI t~, • The aupporti'lg magery is conceptUal in nature. 3-3 Ri.ttSarchitecture lie
Foothills Character Enhance Site Riparian Areas Riparian Forest Character Native Wildflowers Use of Native Grasses Des ,1 Overall Landscape Theme Go., Provide a natural setting through
landscape design wtuch complements the qualitIes of the existing natural setting of Clear Creek and the adjacent foothills. Theme The Colorado High Plains The High Plains of CoIOfado
is home to a variety of sub-ecosystems including prairie, riparian forest, wetlands, Pinon/Juniper, and Ponderosa/Scrub Oak. Each ecosystem carries WIth it an extenSIVe palette of plants
Including wildlflowers, fOlbs, shrubs, grasses, and trees. The eldensive riparian forest al the comer of 1·70 and Colorado Highway 58 informs the overall character of the site and offers
an opponunity (0 celebrate the rich natural heritage of the region. Combined with the cultural and natural history of Clear Creek the setting for the project is rich with opportunities
to create a dynamic tandscape which is both a living system and an attractive addition to the community. Building on this theme the site ripanan theme can be expanded through other drainage
areas and then be contrasted with addibOnallandscape "eco-zones'-These zones win include appropnate landscape features based on their respective hydrologIc characteristics For example
dry, south facing landscape areas will feature Pinon and Juniper or Ponderosa Pine and Scrub Oak as feature elements. Grass land areas wiU incorporate "owing masses of colorful grasses
such as little Bluestem and Western Whealgrass. Overall Influences Ripanan Forest Natural and cultural history of Clear Creek Sub systems such as playas, riparian, wellands, uplands
and forest Urban areas fof people movement, people watching. and recreation The Landscape design will incorporate a complex and vanetal senes of landscape "ecotones· where people, wildlife,
and plants will interact at the edge of urban, suburban, and rural settings. Zoning of the site Will establish water use intenSIty, landscape palettes and wildlife protection. Further
opponunities exist to promote and interpret the High Plains theme through the integration of interpretive signage, hardscape and site patterns, and select landscape features. This unique
theme can also be interpreted through site monumenlation, site amenities, walls and lighting . .. ,·1 Overall Landscape Themes 3-4 .'.fil architecture lie
(. s ~ n ::'." r, /Natural Materials Promote the High Plains Character Landscape Standards High Plains Theme Patterns, color, textures and images often associated with the High Plains
Bioregion, such as plant zones, agricultural patterns, wildlife, and appropriate color tones will be encouraged, Planting schemes can promote this theme by utilizing a diverse mix of
shrubs, trees, grasses and site amenities. Massing can further influence the theme by being arranged in bold masses, often in linear plantings represented in the dry land farming prevalent
throughout the High Plains. Tree plantings can take on a variety of styles ranging from linear 'wind breaks' to mOfe naturalistic masses often associated with dry alluvial stream beds.
Wayfinding should be reinforced through the planting approach focusing high intensity plantings at key Intersections and focal points. landscape used in this manner reinforces sign systems
and utl litizes unwritten visual cues to assist in directing pedestrians and motorists. Materials will also have a large innuence in the interpretation of this landscape scheme. Weathered
steel, natural stone, concrete and wood are envisioned as materials that can promote the High Plains character. ,,j5e&pe An "l!:tCt .. A ~' r , '" Lands cape S t a nda rd s: High P l
a ins M 3-5 "".it: architecture Ilc
Agricultural Wann Earth Tones landscape Strategi •• landscaPIng is 8 significant consideratlOO when planning 8 quality development and must be an integral part of the project. landscaping
defines major entryways and circulati(lfl (both vehicular and pedestrian), par1ting pattems and helps buffer s8fVice areas Of adjacenl land uses. Landscaping requirements are established
in Chapter 26 of the Wheat Ridge Code and also referred to in the city's current ASOM. AJl landscape materials shall meet the Wheat Ridge code and current standards established by the
American Association of Nurserymen. A minimum of 20% of the overall project shall be landscaped with Individual Jots each requiring a minimum of 15% to be landscaped. Plant species must
be identified on a landscape plan and shall be approved by the city. All trees located within 100 feet of the primary entrances and pedestrian areas shall be a minimum caliper of 2 112"
at the time of planting with aU other trees required to have a caliper of 2". Tree spacing along the private streets and access drives shall be designed to avoid obscuring entrances
to buildings and signs. Height and screening of landscape al street intersections shaU also meel the site triangle requirements located in city code. All areas deSignated 10 be landscaped
shall Incorporale live materials which Include, but are not limited to, trees, shrubs, grasses, or ground cover plantings. A comprehensive native seed establishment and maintenance program
shall be submitted to the City for all native seed areas in conjunction with FOP landscape plans. The City should anticipate typical one year establishment period for irrigated trees.
shrub and tllrf areas. Native dryland seed areas may have a longer establishment period of up 10 three years. Diverse Plantings Perimeter landscaping Landscape Standards : Cr i ter ia
3-6 B.biii architecture lie
. ~ IUIJ~~' • . '.~~ ---=-' =-.• ~ . . ~ .-----~ .... --Buffered Pedestrian Zones • The IUpporlll'l9 imagery ill conceptual If1 nalufe . . :J e s .J landscaped Medians in Parking Areas
Surface Parking Strategies Landscape islands within parking lots shall be located to break down the scale of the lois, provides shade for users as well as reduces the heat island effect,
and inaease the quality of water ronaff while decreasing quantity. Individual lots requiring parking for more than 400 vehicles shaH be divided into smaller areas that do not exceed
400 spaces by the introduction of landscape medians andlor pedestrian walkways that link the user to buildings from the street sidewalk system. The placement of landscaped areas throughout
the interior of the paved area shall average one landscaped island for each 15 pair of parking spaces within a double bay configuration and shall average one landscape island for each
30 parking spaces within a single bay conflSuration. Each required interior landscaped area shall be a minimum of 162 square feet in size with no dimension less than five feet and contain
at least one tree. Each of these landscaped areas shall contain (1) 2-caliper tree , (4) shrubs or acceptable ground cover. Plant material shall be provided to ensure 75% coverage within
three years. A 10' minimum landscape buffer is required around the perimeter of parking areas. Grasses within Parking Areas Landscape Standards: Parking Areas Ar t~:1 3-7 .i.i6 architecture
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.) E S ~ S rJ d j '"'d't, B '" Streetscape Themes and Amen i t ies Streetscape Theme and Amenities The themes fOf streetscape and pedestrian amenity areas correspond with the overall
landscape approach characteristic of the Colorado prairie and foothills ctlaracter. Tile design indudes solutions that are focused on both the vehicular and pedestrian scale and speed
of the viewer. Based on the unique functionality and theme for this retail environment, the streetscape program wi1I vary from the typical urban streetscape approach. Required street
tree quantities will be honored, but will be utilized as part of the thematic experience. Naturalized masses will be encouraged in key areas, replacing the often linear plantings found
in urban environments. Rather than a uniform approach across the entire development, streetscape treatments will be zoned to create a sequence of settings that renect proposed land use,
visibility 10 reta il and natural views associated with the site. Primary gateway areas, key intersections and areas of pedestrian activity will have the highest Intensity and diversity
of plantings. Transition areas and outlying zones wlll use more standard plantings of trees and turf with shrub areas to buffer adjacent uses, but Will still incorporate the naturalistic,
informal plant spacing. Il"1d ,;1& Ar ";t¥" G' 4-1 Bl.ttnt architecture lie
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r'\ n oJ 'j :' t .: ... ...-&"'~I!t,.A D~" I! CABELA DRIVE TUfS 1'tOYI000 .. 9 STREETSCAPE TREATMENT '~flllS_IOIH~ ....;IQlMaO'THlIlOoODILOW IO~ _ WIOKA.I't C/<AUCl'ta STREETSCAPE TREATMENT
• STUIlSC.AI'l TlUS_ tolM"""...., QUnIDI! Of _ IIO..a • O}'" TO ~rr -a.-~CKA.tACTf. NOlf: Oiogrotn5 illustrat. methods lor ochieving required slreet Ire. planting quantities in informal
arrangements both within and odjocenllo the street right -of-wa),. Quantities ore , . parot. from plorning requirements for individuollots, ond do nOl reduce CH' (.plCK. required 101
planting q....."tit;"', ., u J lANDSCAPE DATA: fOIl 300' UCTlON. U ' 0 C TlfES .fQIJIt!D .. . nnsl'llOYlOlo .. , K • SlUlnCoVt l lUl _0 IOI'H wm.t< _ 0lm00I Of "* II()oD "-0 W 10 '''''"''
~......-c....rt~. LANDSCAPE DATA: fOIt 300' SKTlON ilU' oc. mUnQUlUo .. , nus nov\OfO .. , • $RI~ TtHSI'OlCMOlO IKlfH_ _OVBIDI!orTM O;Qo.OIl.OWIOCIIl.tJt _......-c;..J'IC....u£1U Concept
u al St reetscapes Zon i ng Types 4-3 "'iX! A.rclI .... ~ CIt , .. "'.tml architecture li
e Tree Grate Outdoor Dining Areas Tree Guards Slone Seating Wall Fire Pit Ornamental Planters Ornamental Screens Site Amenities and Pedestrian Areas Streetscape zones correspond to the
public street hierarchy, gateway areas, planned land uses, and proposed areas of pedestrian connectivity. Pedestrian areas will be similarly structured to focus a richly designed environment
in areas where pedestrians are most likely to congregate. Rather than regularly spacing benches evenly along major public roads, fumishings and site amenities shall be focused in key
pedestrian zones and connections between pedestrian destinations. Requirements for Site Amenities: Benches At Buildings: 1 bench is required for every 100 feet of building frontage.
Benches are required on the sides of buildings where there are pedestrian entry points (not including service doors). A minimum of 1 bench is required for building lengths less than
100'. Benches are permitted to be located in groups of 2 every 200'. Benches must be located as to not reduce the required width of sidewalks. Trash Cans (1) Trash can is required for
every (2) benches and are encouraged to be located adjacent to the benches. A minimum of (1) Trash Can is required !or each building. Tree Grates I Guards At sidewalks, where not located
in raised planters, trees are required to have tree grates and/or tree guards. Moveable Planters Where landscaping is required, moveable planters can be used in lieu of raised planters
permffted the required landscaping quantities are met. GP , Site Amenities and Pedestr ian Areas 4-4 "i.itt architecture lie
0,' S I q ~tj'iirC' p' Lighting 35' High Vehicular Area Light Fixture Manufacturer: Visionalre Lighting Fixture Style: Monterey (Metal Halide or LED) Mounting Arm Style: VA-110 Base
Style: DCB-10 Finish: Black Appropriate lighting can enhance the intimate, pleasant, soothing character the city seeks to promote in each district. Three types of lighting shall be utilized:
Pedestrian, Vehicular, and Decorative. Successful developments acknowledge durability, effiCiency, light quality and quantity, and light pollution as four important characteristics when
selecting exterior lighting. 12' High Pedestrian Light Fixture Manufacturer: Visionaire Lighting Fixture Style: Monterey (Metal Halide or LED) Mounting Ann Style: VA-110 Base Style:
DCB-10 Altemate Pedestrian Light Fixture TimberWood Custom ~ook 1. Pedestrian The majority of the lighting located along primary pedestrian routes and sidewalks shall be pedestrian scaled
poles no greater than 12 feet in height. The light fixtures will be compatible with the style style of architecture of the project and the style and type will be consistent throughout
the project. Illumination levels for pedestrian areas shall have minimum horizontal illuminance of 1 footcandle. All pedestrian type light fixtures (square timber poles) shall be designed
to contain the illumination on-site with light sources (direct lamp) fully shielded and full cut-off. 2. Vehicular Parking Areas The parl<:ing area shall be designed for safety, security,
and effiCiency with light poles that are not to be greater than 35 feet in height which utilize cut-off fixtures to minimize unnecessary light spill-off and light pollution. Parl<:ing
areas shall have a maximum average horizontal illuminance of 3.6 footcandles and a minimum average horizontal illuminance of 1 footcandle. All vehicular light fixtures shall be designed
to contain the illumination on-site and shielded from adjacent properties. All utilized vehicular light fixtures shall be downcast. fully-shielded and full cut-off. The source of illumination,
defined as luminary or bulb. shall not be directly visible from adjacent properties or rights-of-way. Alternate Pedestrian Light Fixture TimberWood Cuslom Finish: Black Site Amenities
: Lighting ,,, 4-5 •• iui: architecture lie
u Post Mounted Gooseneck Sign Ughts Wan Washing Downright Wall Washing Oownlight • The auwotIlng irnagety IS coneeptUaI., MtUre. Decorative Bollard 3. Decorative Special lighting may
be used fO( public works of art 0( other areas of special visual interest. These objects require a higher light level to
attract attention. Wall-mounted decorative lighting, landscape lighting and pedestrian level light bollards are encouraged to enhance the overall atmosphere of the streetscape and designated
open spaces and plazas along the main street and other heavily oriented pedestrian spaces. All decorative light fixtures shall be designed to contain the illumination on-site with light
sources (direct lamp) fully shielded from adjacent properties. Uplighting is not pennitted. Examples: • Decorative Sollards to light circulation paths, landscape features, and pedestrian
areas Watt washers to highlight textured stone and brick watts Sign lights to light retaiter signage, decorative wall features, and environmental graphics graphics Post mounted fixtures
located at railings and bridges to light pedestrian paths and landscaping features Step lighting to light changes in horizontal surfaces and stairs Site Amenities: Lighting 4-6 "t.sii':
architecture lie
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~ Parking area guidelines for large single·use Retail tenants. Plan and section profile. r:;r ;; 1'1 r G d r Parking Standards Parking areas located in the front of retail buildings
allow large sized single--use buildings to operate with convenient and well defined accessibility. With building depths sometimes exceeding 400 feet, it makes it difficult to locate
parking in the rear of the building and visually disconnects its users from the entrance! exit points. All motor vehicle parking for large retail users shall be located in the front
andlor side of the buildings. Parking is permitted for motor vehicles between the primary fa~de and a publici plivate street and shall incorporale the required open space and landscape
buffers. Parking areas thai accommodate more than 400 vehides shall be divided into smaller parking areas that do not exceed 400 vehicles by the introduction of landscape medians andior
pedestrian walkways that link the user to buildings from the street sidewalk system. Avoid dead--end aisles in the parking areas by providing cross access easements between adjacent
lots and similar uses. See the landscape standards section for guidelines dealing with the treatment of interior lot and perimeter screening for parking areas adjacent to public streets.
Other uses such as hotels and offices are permitted to have parking on all sides of building. Refer to ODP guidelines for parking count requirements. Where a high mix of uses exist,
shared parking analysis is encouraged due to different parking demands at different times of the week or day. The Urban land Institute (UU) provides additional information on shared
if deemed necessary. Parking lot Characteristics for large single·use retail tenants • Two·way traffic with potential of drop-off lanes • Sidewalk on building side · width varies with
an overall average for the length of the building to be a minimum of 10 feet. • Open access to parking lot from the front drive. • Proper landscaped parking lots (see Landscape Standards
for parking lots) with pedestrian walkway connections and raised aosswalks near entry points. Site Plann ing Standards 5-1 Rt.ttiii archi tecture lie
" r ) Building Separation A minimum building separation of 30 feet is required between detached buildings on the same lot unless one of the buildings requires an unlimited area (defined
per code), and in that situation a minimum separation of 60 feet is required. Buildings that are attached but separated from adjoining space by a fire rated wall are not required to
meet these separation distances Build ing Placement Building placement permits large setbacks due to the size of the building with some limitations. Primary facades shall provide for
a more human scale, while providing for the construction of canopies, arcades and plazas which create shade and shield the pedestrian from wet weather. Projecting signs, balconies, arcades,
awnings and outdoor seating areas may extend beyond the building as long as 6 feet of unobstructed sidewalk width is retained. Sidewalk Clearances Sidewalks must be provided along all
street frontages (public and private) and provide pedestrian connections from the public or private sidewalk to the principle buildings. Due 10 the potentially large setbacks permitted
by the build-to limitations, each large scale tenant shall have a minimum of two continuous sidewalk connections from a public street to their primary entrance. Sidewalks shall have
a minimum of 6 feet of clear width at all times. Sidewalks along primary building elevations are required to include a 6' wide (minimum) amenity zone in addition to the 6' clear sidewalks.
Traffic Calming at Pedestrian Cros sings In order to provide a safe pedestrian environment, traffic calming devices and methods shall be required connecting between pedestrian walkways
in parking ftelds and primary building entrances. These methods include raised sidewalk crossings, contrasting materials in crosswalks, sufficient stop signs at pedestrian crossings,
and good quality landscaping that identifies pedestrian zones and paths independent from vehicular routes. rn t< K Pedestrian Friendly Sidewalk Crossing S ite Pl a nnin g Standar ds
"," 5-2 .'.luii architectu re Ilc
Landscaped Islands Perimeter Buffers " Par1<.ing Area Sidewalks Streetscape & Site Amenities When large scaled conventional retail is planned for a commercial development, the planning
must not completely give in to the automobile needs and ignore the pedestrian network. There are many examples of successful large scale retail shopping centers that accommodate the
automobile and public transportation at the same time, providing many qualities to the pedestrian network and surrounding community. Special emphasis placed on quality and functionality
of the pedestrian environment along a street improves social interaction, encourages walking from destination to destination without the use of the car, and at times provides an outdoor
extension to the adjacent building use. The architecture of the buildings greatly impact Ihe character of the streetscape with such factors as building scale, articulation, and transparency.
These factors are further discussed under the Architectural Standards section of this manual. Outside the envelope of the bUIlding, the introduction of elements such as decorative paving,
omamental landscape, lighting, furniture (moveable and stationary). and art are encouraged to help build the streets uniqueness and human scale qualities. The proper placement of buffers.
open space and plazas also provide relief to the normally expansive parking lots and long linear building edges. Increasing the quality of the site by focusing on the pedestrian realm
creates opportunities to enhance the shopping experience and showcase the surrounding natural environment. S ite Plann in g Standards 5-3 .i.im1 architecture lie
Outparcel building oriented toward outdoor open space and seating. Secondary entrances encourages free standing buildings to articulate all sides. , Outparcel Standards Outparcels or
subdivided lots may be developed over time which normally are positioned along the arterial roadways and feed off the larger tenants or shopping centers. The outparcels are an important
factor in complimenting the functional needs of the overall development, acknowledging the public streets, and feature a variety of architecture which articulates the building on all
sides. This section of Ihe design manual will provide additional standards and guidelines when planning and constructing the commercial outparcels. For this development and purposes
of this design manual, outparcel is defined as a lot separated from the originally parceled commercial development. OutParcel Site Planning Standards 1. Allowable Uses See the allowable
uses chart under attached to the approved Outline Development Plan to identify the allowed uses for each lot. 2. Total Open Space A minimum of 15% Open Space (Landscaped Area) shall
be provided for each outparcel as long as an overall project total has a minimum Open Space (landscaped Area) of 20%. 3. Parking Standards Parking Is one component of the successful
commercial area. limited parking areas localed in the front of the buildings allow outparcel buildings to operate with convenient and well defined accessibility. Where feasible, parking
can be distributed to the side and rear of outparcels to encourage pedestrian connectivity. Buildings pulled close to the primary street edge allow for shorter walking distances from
public or privates sidewalks through parking fields. Allowing cross-access easements between adjacent parking fields facilitates the now of traffic between complementary users. Parking
areas that accommodate more than 50 vehicles shall be divided into smaller areas by the introduction of landscape buffers, medians and/or pedestrian walkways that link the user to buildings
from the street Sidewalk system. Dead-end aisles shall be allowed only when adequate and unimpeded tum-around space is provided. K 4. OutParcel Sidewalk Clearances All autparcels must
provide sidewalks along all street frontages and provide pedestrian connections from the public or private sidewalk to the principle buildings. Sidewalks shall have a minimum of 6 feet
of clear width at aU times. 5. Outparcel Building Setbacks Refer to the Development Standards Chart in the ODP for OutParcel building setbacks on a lot by lot basis. 6. Drlv.-Thru Standards
Drive-thru Outparcels are permitted as approved uses per the ODP with the following requirements: a. Orive-thru lanes are not pennitted to be located between public streets and the Outparcel
building. b. Drive-thru lanes must be screened from street view through the use of landscaping and/or low walls of similar material as the outparcel building c. Orive-thru lanes must
have adequate queuing to avoid traffic from backing up inlo adjacent streets Outparcel Site Planning Standards 5-4 •. tl architecture IIc
Outparcel Architectural Standards This section of the deslgn manual focuses on the architectural standards for Outparcel Buildings. Aspects related to building orientation, transparency,
and articulation provide the free standing outparcels a unified set of guidelines for future development. The outparcels shall conform to the architectural influences guidelines that
are set forth in the Architectural Requirements Section 6. The elements discussed in Section 6 of this manual introduce a distinct palette of forms, scale, materials, color and detail
that unify the architecture and which the development can manipulate and apply to future outparcels. 1. Building Orientation A successful commercial outparcel must have optimum visibility
from primary streets and have front entrances located convenient to the primary pedestrian approach. Secondary entrances are encouraged on any side of the building to allow access to
outdoor seating, plazas, and special activities. Outparcels that have direct vehicular access from Primary Streets (not internal private roads), are required to have a pedestrian entry
on that Primary Street. Outparcels that have access through internal private roads are permitted to orient the entry towards the parking field that is associated with the building. When
Outparcels are located on Primary Streets, parking is not permitted between the building and the street, 2. OutParcel Building Transparency and Articulation OutParcel buildings less
than 15,000 SF shall have a minimum of 60% of transparency on the primary entrance walls and minimum 20% on the side elevations at the pedestrian level (measured IInearty between 3-8
feet above grade) on the first floor. Display cases may be used on the exterior walls in lieu of windows with a minimum of 24-of depth and shall be used to display merchandise and other
items of interest. OutParcei buildings shall have no more than 30 feet of horizontal distance on all walls without articUlation or architectural relief. Building wall articulation shall
include an offset in wall plane of at least 2 feet and is encouraged to be more. Examples of wall articulations and reliefs include, but not limited to, pilasters, windows, pedestrian
entrances, arcades, fIXed canopies, upper level setbacks, balconies, dormers, or other types of building massing that modulates the building mass or surface texture by at least 2 feel.
Landscaped islands help soften areas in parKing area. Freestanding outparcel with transparency and articulation. r, Outparcel Landscaping Standards 1. Surface Parking Landscaping Panting
areas that accommodate more than 50 vehicles shall be divided into smaller areas by the introduction of landscape buffers, medians and/or pedestrian walkways that link the user to buildings
from the street Sidewalk system. The placement of landscaped areas throughout the interior of the paved area shall average one landscaped island for each 15 pair of double-bay parking
spaces or one landscaped island for each 30 parking spaces within a single bay configuration. Each required interior landscaped area shall be a minimum of 162 square feet in size with
no dimension less than five feet and contain ground cover and at least one shade tree. Such tree(s) shall be located within the landscaped area to maximize the shading of the pavement.
An outparcel uses decorative fencing and landscape to buffer the parking area from the public street. Outparcel Architectural Standards 5-5 Bl.i::arehiteeture lie
,g ~ ~ U :l :;: ~ ~ I 0 ~ cD 'X IJ ~ ~ rc '1 Q) T "-rn :::l CD -U t: Q) r .0-.---J: 0 0 <fJ Q) "-en «
Mountain l odge Style with heavy timber and stone ,; . . . , ,/,!• .: /.. "~ '¥ I '-.,. ,. ~_ _' -At Ii I,II' . .{ '.~' \l;''.1.t-.".'~, -'¥{'" ' ' ,' ---' U(.j 4 1 (" Use of regional
materials and natural landscaping Architectural Intent and Character The Clear Creek Crossing Development unifying architectural theme originates in the elements and malerials found
originally in Mountain Lodge and River Recreation buildings found throughout the region. Although these building types are the inspiration for the development, it is encouraged to develop
a variety of styles and Interpretations while utilizing a selection of unifying elements. Umfying architectural themes for the Clear Creek Crossing Development are defined in Section
6·2 (Architectural Elements), Section 6·3 (Architectural Materials). and Section 6-4 (Building Articulation). These sections demonstrate a flexibility to the overall design approach
while still providing a relationship between the various bUildings. Modem interpretations are expected and encouraged based on the needs and scale issues associated with a wide variety
of building types and sizes. In addition to the unifying architectural elements, there are also a set of requirements for Building Transparency (Section 6-5), Building Orientation (Section
6-6), and Service Area Screening (Section 6-7). These sections set forth a series of standards that will maintain a consistent level of quality throughout the development. The project
examples on this page represent a wide range of approaches that have utilized the regions architectural history to Influence their design. The resulting styles vary from more traditional
approaches to thoroughly modem adaptations of the regions architectural history. The buildings throughout the Clear Creek Crossing Development will not be of a single style, but wilt
utilize the same set of design elements to provide the unifying features of the various buildings with each building also addressing its unique requirement of size and scale. Archi t
ectura l Intent Intent and Character 6-1 Bt.ttt"i archi tec t ure lie
Category 1: Roof Forms A. Pitched and/or Shed roofs .... -.. ....... n~ Ii ' "~"l,i,I, ' I B. Articulated Roof Overhangs C. Expressed Gables I Dormers Category 2: Structure E. Timber
Framing E. Expressed Brackets at Canopy , Category 3: Walkways .-. " , ~~~.~ \ '. '/' , ~ bo' " G. Colonnade at Entries \ " ~ ~"f,.~: .. ~ .. "~ "~ . .::~ ~.. . . < ' , to-~ H. Shade
Trellises J . Decorative Lighting Category 4: Canopies K. Horizontal Metal Canopy J . Sunshades I Louvers at El'\try Unifying Building Elements Clear Creek Crossing standards permit
a variety of styles and interpretations of the regional architecture, but require the use of a set of consistent elements to create relationships between the buildings throughout the
development. Individual buildings must provide at least 3 of the elements listed below and at least 3 of the categories must be used on Primary Elevations. For example, a building that
uses Stone Pilasters, Colonnades, and Metal Awnings meets this requirement by using at least 3 elements within 3 separate categories. A building utilizing horizontal canopies. metal
awnings, and Timber Framing would not meet the requirement because only 2 of the categories are utilized. Category 1: Roof Forms A. Pitched and/or Shed Roof Elements 8 . Articulated
roof parapets or generous roof overhangs C. Expressed Gable Roof or Gable Dormers Category 2: Structural Elements: O. Stone I Artificial Stone Pilasters, Columns, or other Vertical Stone
Elements E. Timber Framing and/or Columns F. Expressed Metal or Wood Brackets at roof andlor canopies Category 3: Walkway Elements: G. Colonnade or Arcade at Primary Facades H. Shade
Trellises along walkways J. Decorative lighting (wall or bollards) Category 4: Canopy Elements: K. Horizontal Metal Canopy L. Sloped Metal Awnings M. Sunshades I louvers at windows or
Entries Unifying Building Elements 6,2 •• itt1 architecture Ilc
w ~ .!! ~ ,. ,', " '. ?? ""-":1 --, Including Ledgestone and Cultured Stone :. . ". i ~. :~~~ ~"':g~ Stucco including synthetic stucco finishing systems Toned Brick I Including Face
Brick Thin Brick C/) -I < 0::: w .... < :E > 0::: < :E 0::: C. z o z In1egrally Colored Split -Face eMU Cast Stone including rocked and smooth Glulam and Timber framing and accents Metal
aecent Panels Including decorative resIn cor. panels Metal Roofing Architectural Asphalt Shingles Build ing Materials Appropriate materials will be used in accordance to the Regional
Architectural Influences selected (0( this development. Buildings shall be constructed or clad with materials that are durable, easily maintained, and of quality that will retain their
appearance over time. Also, the use of materials that are extracted and manufactured within the region is encouraged. Materials have been identified as Primary Materials or Non·Primary
Materials. The Primary Materials are considered to be the unifying materials throughout the development and must make up at least 75% of the area of the primary facade (when added together).
The Non-Primary materials are permitted to be used In coojunction with the Primary Materials but cannot constitute more than 25% of the Primary Facades. Non·Primary facades are flexible
in terms of amount of materials utilized as long as the materials fall within the Primary Material and/or Non·Primary Material lists. Primary Materials (Eech building shall utilize the
following materials, when added together, to constitute 75% of the area of the Primary Facade) Natural or Simulated Stone (ledgestone I Cultured Stone) Board on Board or Board and Batten
Siding Natural tones Stucco I Synthetic Stucco Walls • Oarlc. Toned Blick Clear Storefronts and Windows do nol count toward building face area Non-Primary Materials (These Materials
are permitted to be used in addition to the Primary Materials on Non-Primary Elevations and on Primary Elevations permitted they do not exceed a total summed area of 25% on the Primary
facade) facade) Integrally Colored Split Face CMU Cast Stone (panels and trim) TImber Beams and Details Metal or Decorative Resn.core Panels as acx:ent materials Metal Roofing • Roofing
tiles I Architectural asphalt shingles • Metal Trim (coping, etc) Building Color Palettes Color schemes shalt tie building elements together, relate separate buildings to each other,
and shall be used to enhance the architectural form and character of the building. The building colors should utilize earth and other natural tones as found in the surrounding environment
as their primary consideratIon. Intense bright or ftuorescent colors shall be limited only as accents and not be the predominant color on any wall or roof of a building, excluding signs.
Un i Mate ri als 6-3 B'.tS archi tecture l ie
f--Standard Brick Stone cap Slone Base Example of Wall Articulation and Material Options Partial Arcade Use of Pilasters to articulate Facade ~ '" Example of Wall Articulation and Material
Options Vegetation Screen Decorative Features Covered Walkway 8 . t< Example otWall Articulation and Malerial Options Building Articulation All buildings shall be designed to provide
street front vitality. Long expanses of blank walls tend to be monotonous and uninviting to the user. Buildings without relief and interest tend to create a massive scale and make the
public realm impersonal. The indusian of building articulation is significant when designing human scaled and pedestrian oriented commercial developments. No more than 50 feet of horizontal
distance shall be provided without articulation or architectural relief for building walls considered the Primary Facade. Building walls along the rear or side service areas shall have
no more than 75 feet of horizontal distance without articulation. Examples of building wall wall articulation and reliefs can include, but are not limited to, pilasters, windows, pedestrian
entrances, arcades, awnings, vegetation screens, upper level setbacks, balconies, dormers, or other types of building massing that modulates the building mass or surface texture. Building
wall articulation shall include an offset In the wall plane of at least 2 feet and is encouraged to be more. For single-use large format buildings with the primary facade longer than
200 feet, at least 1 major Identifying feature shall be incorporated into the design. Examples of major identifying features include, but are not limited to, multi-story pitched roof
entries, towers, exposed steel structures, or other similar architectural features that tie into the architectural theme for of th ebuilding. Buildings are required to maintain architectural
approach that provides a clear point of entry by increasing the level of building flrticulation at the points of entry Unifying Building Articulation !lr n ;\ 6-4 B'.bii': architecture
lie
Transparency at Grade -Large Tenant Transparency at Grade -Medium Tenant Transparency at Grade -Small Tenants Transparency at Grade -Small Tenants Bui lding Transparency All buildings
shall be designed to provide street front vitality. Windows attract pedestrians, who act as a security system for business and allows the tenant to interact with people on the street.
Building transparency is significant when designing human scaled and pedestrian oriented commercial developments. large fClmlat retailers pose a challenging situation when dealing with
high transparency due to their specific design criteria and leasing plans. Building walls considered the front primary facade shall have non-reflective, transparent windows or glazed
surfaces that meet the fallowing requirements for transparency at the pedestrian level (measured linearly between 3-8 feet above grade) on the first floor: • Small Tenants (0 -14,999
SF) 60% Medium Tenants (15,000 -99,999 SF) 30% Large Tenants (+100,000 SF) 15% Opaque and reflective glass types shall not be included as part of the transparency calculations. Display
cases may be used on the exterior walls in lieu of transparent windows with a minimum of 24~ of depth and shalt be used to display merchandise and other items of interest and will contribute
to the transparency requirements. Arc hit ec t ural Standards : Transpa r e ncy 6-5 "'.ttii architectu re l ie
Clear Front Entrance De J Storefront Oriented Toward Sidewalk & Street B < Building Orientation A successful large scaled commercial development must have visuaUy clear and defining
front entrances. Tenants and their users require convenient parking and easy accessibility. Side entrances, in addition to the front entrances, aUow multiple opportunities for buildings
to orient to open spaces and formal landscaping on aU sides. This development allows the building to front various elements, including parking, and therefore shall create entrances with
a high level of interest. An entrance or entrances of buildings or units shall be located on the first floor on the primary facade. Secondary entrances are encouraged on the side walls
of the building 10 allow access to Clear Creek, ouldoor seating, plazas, and special display areas. In most cases, tenants possess a specific sel of needs pertaining to the siting and
location of their structures. Tenants and customers require easily accessible parking oriented toward major arterial roads and transit routes. (Open spaces and pedestrian oriented connectors
will link Clear Creek to the development.) Increased transit viability and natural landscaping will also enhance the overall experience of the development while clearly defining vehicular
and pedestrian areas. The standards are designed to make the project a convenient destination area that balances the increased vehicular needs with less expansive parking lots by introducing
open space buffers that soften the surrounding environment and provide pedestrians with visual Interest as well as a sense of security. Primary Entry Feature Oriented towards parking
fields for big-box stores Architectural Standards: Orientation Art HI. :1 6-6 .i.itl architecture lie
..; f:!!> ~ 1 S t C I r, c'" Architectural Example Showing Rooftop Units Screened by High Parapet SeMes Area Enclosure! Screen Example Masonry and Vegetation Screen Wall Servicing and
Screening On-site service areas, including loading docks, trash and dumpster collection areas, outdoor storage, and similar service uses are required to be visually screened from any
right-of-way. These areas shall be oriented toward the rear side of the buildings and shall be at a minimum of 30 feet from any primary public or private street and inlemal pedestrian
walkway. Trash and recyclable locations shall be pennanently defined and screened with walls or fence and landscaping. All screening devices and enclosures shall be Incorporated into
the overall deSign of the building using similar form and materials. The height of the trash equipment must not exceed the height of the screening wall or fence. Mechanical equipment,
when improperly located on a site or improperly screened, can contribute to noise problems and create visual blight. All mechanical equipment must be screened. If the equipment is placed
on grade of the rear side of the building it shall be enclosed by a screening wall and shall be located a minimum of 30 feet away from any designated open space and public or private
street. Mechanical equipment on the roof shall be screened from abutting streets with parapets, as observed from the adjacent street, or other types of visual screening systems. . ,
~ " ",,1 _ -,~, 1 .. ~""._ " ~{~;' \. : " .l.~~'.~ , . ;~~ -~L\,",fT II ~~ " III . '"' ..... " ".,"+'"' Landscape Screening Example A r c hi tectural Sta n dards : Servic ing & Screening
6-7 "'.bn: arch itecture lie
-----~~--j ~ . "~' . ;1. • Mlxed-U5 • Commerdal .-:.or. ..--....~~ .. .I -.-.... -.. ~ Milln Street -Corrido-r _ • • Nelgttborhood Commerdal -Corrid-or _ ~..., . !F'i'-J::.. .J ,.. 4.
ACTIVITY CENTERS 1''' ~-T..I ... -A ' •• :_:: . . r'" .\..,, j --.-.' . ~ o ..... .... • . l . . ' EXHIBIT 5
~ ... .( ~ _ ~ . City of -~Wlieat&""-dge ~OMMUNI1Y DEVEWPMENT City of Wheat Ridge Municipal Building 7500 W. 29~ Ave. Wheat Ridge, CO 80033-800\ P: 303.235.2846 F: 303.235.2857 NEIGHBORHOOD
MEETING RECAP Date: City Staff Present: Location of meeting: Property location: Applicant(s) present: Applicant's representatives present: Property owners: Property Owner(s) present?
Existing Zoning: Comprehensive Plan Designation: February 25,2010 Meredith Reckert, Senior Planner Tim Paranto, Public Works Director Ken Johnstone, Community Development Director City
Council Chambers Wheat Ridge Municipal Building 7500 W. 29th Avenue Wheat Ridge, CO 80033 Lots 1 -6,9 and 10 of the Cabela'siCoors Subdivision, Filing 1 amended Plat plus a portion of
unincorporated Jefferson County known as the TMAC site Dennis Remington, Cabela' s Chris Schneider -Project One Gary Thomas -MartinIMartin Jonathan Ekstrom, Mike Gaughan -MGA Communications,
Inc. Noel Cupkovic, Jeff Hoskin, Jason Colon -Cupkovic Architecture LLC Mark Kieffer -Norris Design Bob Felsberg
-FHU Cabela's, Coors, Jefferson County Yes PCD, Planned Commercial Development Regional Commercial Center Applicant's Proposal: The applicant is proposing an amendment to the Outline
Development Plan (ODP) to accommodate changes to the site design, which include the realignment of 40th Ave and the addition of a retail village, or town center, and other anchor tenants.
The revised plan also includes the potential incorporation of an adjacent parcel, currently owned by Jefferson County and home to the Table Mountain Animal Shelter, which will be relocating.
If this parcel is acquired, it will be annexed into the City of Wheat Ridge and will be included within the ODP boundaries. If the Jefferson County parcel is not acquired. the ODP boundaries
will remain the same as they were in the EXHIBIT 6
originalOOP. The applicant proposes to include a book of design guidelines (pattem book) to address standards such as architecture, setbacks, and streetscape design as part of the OOP
submittal. The design guidelines would be adopted as part of the OOP and utilized by staff to review future development proposals and ensure consistency of design within the OOP area.
In terms of traffic impacts from the new site layout, the applicant is in the process of reevaluating trip generation and peak flows based on changes in use and square footage in the
revised plan. After preliminary analysis, it appears that the greatest change from the original traffic report -part of the approved OOP -will be during the weekday peak hour. The applicant
is requesting a meeting with Public Works staff to discuss how chWlges to the trWlsportation network Wld traffic impacts should be addressed for the revised submittal. The applicant
is also proposing to amend the original plat configuration should the OOP amendment be approved. Existing Conditions: The site is currently vacWlt with some completed public improvements.
An OOP and FOP were approved for the site in 200S-2006. Initial site grading was performed in 200S under the terms of an SUP for major landfill Wld excavation issued by the City pursUWlt
to case number SUP-OS-O. Subsequent fill Wld grading permits were issued per case numbers SUP-OS-04 Wld SUP 06-0S. Public improvements in accordance with terms of the Environmental Assessment,
COOT, and City of Wbeat Ridge standards were completed in anticipation of a construction start in 200S. Construction activity was suspended, however, and no major activity has taken
place on the site since early 200S. As this was conducted in Wl "open house" format, no formal presentation was given. Approximately 30 people attended the meeting. Specific written
comments will be forwarded to Planning Commission and City Council as a part of the official public record.
j .II.I 04 04 3 .10,4 .J r-Cabela'a Inc. Outline Development Plan Refinemenwlnfonnatlonal Se ... on· February 25, 2010 Name Addnsa CIIv s_ Zip Code Phone ~ 0' l:)o.,,,e.1l le~ ,",,~~
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~ Cabela'. Inc. Outline Development Plan Refinements Infonnational 888&lon -February 25,2010 Name Add .... Cit)' s_ ZlP.Cod. Phone ,4P~ v_ .A--....... ,J --a-~ ... -"". 4-",-tI_._ ~.
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(
I K I . February 26, 2010 City of Wheal RIdge Councl Cham bera February 25, 2010 7500 Weat 2!J" Avenue 6:00 -7:30 p.m. Wheat Ridge, CO 80033 Informational Session Comment Form Thank
you for attending the Cabeta's Inc. OuUIne Development Plan (OOP) RefInements Infonnatlonal Session. Your comments Bre Important They will be reviewed by the project team Bnd considered
In the preparation of the permit submittal documents. Submit your comment at the February 25,2010 Infonnatlonal Session or mall to the addre .. below -comments must be recelvad by March
5, 2010. Cabala', c/o Jonathan Ekalrcm MGA Communications, Inc. 112517" St., Suite 1800 Denver, CO 80202 Fax: (303) 2!J7 -3625 jekslrcmCDmgacommunica1lone.com n.ank you for participating
In tonight', Infonnatlonal .... Ion. COMMENT: W<M1d ~0.4. p\,eQ.#. re.c.o1\1o~der \J.:)M!t!-joe-<. ,r..-k/...d ~ p.to<.u. ~ Iol~ f?"'-~ ~ l.O~l\ (!.o/\~c...1--H± 32.,,4 ~ .... ~ A"-~
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Cilbelil's Inc. OlltlillC Development Pia ,) Rerinements . WELCOME TO TONIGHT'S INFORMATIONAL SESSION FebruBty ze, 2010 How To Comment You may provide comments on the Special Use Pennlt
ApplicaUon In the following ways: ~ Fill out this oomment sheet and place It In a oomrnent box at the February 25, 2010 Outline Development Plan Refinements I nfonnatlonal Session. ~
Complete a oomment sheet and mall to the address listed below: Jonathan Ekatrom MGA Communications, Inc. 1125 11'" St., SuIte 1800 Denver, CO 80202 Fax: (303) 297-3626 • Sand your comments
via faCSimile to the attention of Cabela's c/o Jonatihan Ekstrom, MGA Communications at (303) 297-3526. • Submit your comments via email tolekstrom@mgaoommunlcatlons.com All c:ommants
must be rec:elved by Friday, March 5, 2010 .~ \.0\\\ ~!> p:<:.-\v.rc. \001.:., OI\C,(, ~~ ',~ fu\l" d4.ve.l~d~--I04eo.<..r ()~ \/\~-t1A.\ de.v-e.l.oprNL ... t ~ 'Mo",\-\;'U~ .. +. ,pa\
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,"~ .... ~ _ Y City of ?WheatRt-dge PLANNING COMMISSION Minutes of Meeting March 17,2011 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair MATTHEWS at 7:00 p.m. in
the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Staff Members Present: 3. PLEDGE
OF ALLEGIANCE Anne Brinkman Alan Bucknam Marc Dietrick Dick Matthews Scott Ohm George Pond Steve Timms Ken Johnstone, Community Development Director Meredith Recker!, Sr. Planner Gerald
Dahl, City Attorney Tim Paranto, Publ ic Works Director Patrick Goff, City Manager Heather Geyer, Administrative Services Director Ann Lazzeri, Recording Secretary 4. APPROVE THE ORDER
OF THE AGENDA It was moved by Commissioner TIMMS and seconded by Commissioner BRINKMAN to approve the order of the agenda as printed. The motion carried 7-0. s. APPROVAL OF MINUTES -February
17,2011 It was moved by Commissioner BUCKNAM and seconded by Commissioner POND to approve the minutes of February 17,2011 as presented. The Planning Commission Minutes Attachment 3 1
March 17,2011
motion carried 5-0 with Commissioners BRINKMAN and TIMMS abstaining. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments
may be limited to 3 minutes) No members of the public wished to speak at this time. 6. PUBLIC HEARING (Prior to opening the public hearing, Chair MATTHEWS disclosed that he owns a small
amountofCabela's stock. Staff determined that this would not affect his ability to hear the case.) A. Case No. WZ-lJ-Ol: An application filed by Cabela's Retail Inc., Coors Brewing Co.
and Jefferson County for approval of Planned Commercial Development (PCD) zoning for property located at 41 05 Youngfield Service Road and approval of a Concept Outline Development Plan
on property zoned PCD and located at 4000 Cabela Drive and 4105 Youngfield Service Road. This case was presented by Meredith Reckert. She distributed copies of letters of support from
Loretta DiTirro, President of Enterprise Wheat Ridge; Douglas Allen, Home Instead Senior Care; Denise Stephens, Executive Director of Jefferson County Business Resource Center; Britta
Fisher, Wheat Ridge 2020; and Cheryl Brungardt, District I Resident. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the
case. She reviewed the staff report and digital presentation. In response to a question from Commissioner BUCKNAM. Ms. Reckert explained that bike parking requirements were taken from
the Streetscape Design Manual. Commissioner BRINKMAN referred to neighbors' concerns about lighting. Ms. Reckert replied that freestanding lighting is proposed at 35 feet as opposed
to 30 feet in the old plan. The developer will be required to submit a photometric plan. She commented that increased light pole height will decrease the number of light poles in the
development. Commissioner POND asked if the ODP could be adjusted at final development plan. Ms. Reckert replied that there is some ability for "tweaking" based on agreement between
staff and the applicant. She also stated that the Streetscape Design Manual and the Architectural and Site Design Manual were used as a reference point in developing the Outline Development
Plan. Planning Commission Minutes 2 March 17, 2011
· Commissioner OHM inquired about electronic reader boards along 1-70. Ms. Reckert explained city code requirements for these types of signs. In response to a question from Commissioner
TIMMS, Mr. Paranto stated that all of Cabela Drive will be a public street. Commissioner BUCKNAM asked how far the multi-use path extends along the east side of the property to the south.
Mr. Paranto explained that a 10-foot path has been built on 40th underneath 1-70 and ties into the crosswalk to an existing sidewalk trail along the east side of Youngfield down to the
Clear Creek trail. There will be four connections with the trail in the development. Carolynne White Land Use Counsel, Cabela's Ms. White stated the Concept outline development plan
(ODP) would be presented this evening with the Specific ODP planned for presentation on April 7. Dennis Armstrong Corporate Architect, Cabela's Mr. Armstrong presented the history and
overview of the project. The location is desirable due to access from 1-70 and SH58 that leads to to the 1-70 corridor and outdoor recreation areas. It is hoped to use the open space
for access by customers and as well as educational opporhmities. The development will reclaim an old gravel pit and result in a great asset to the community. Things have changed since
2005 when it was planned to build a Cabela's store with other retail filling in over the years. The plan has been revisited to develop Clear Creek Crossing which will bring a wider variety
of tenants along with Cabela's and provide employment and great services to the community. Cabela's has already been a catalyst to improve the community with the 1-70 improvements and
interchange at 58th. The open space presents great opportunity to make the property next to Clear Creek more attractive and useful. Cabela's is very committed to a sustainable future
for the area. Carolynne White stated that the applicant is requesting an amendment to the previously approved ODP and rezoning of an additional 32 acres of Jefferson County property
currently pending annexation to Wheat Ridge. She compared the previous ODP to the requested amended ODP. The principal changes reflect the additional 32 acres as well as changes resulting
from additional anchors that will be developed concurrently with Cabela's. Chris Fasching Traffic Engineer for Cabela's He stated that many traffic analyses have been done on this site.
As a result, some transportation improvements have already taken place Traffic counts have also been reduced on 44th and 32nd Avenues. Traffic analyses have been "freshened" to take
into account the expanded development area. Some of the changes include Planning Commission Minutes 3 March 17, 2011
the following: 32nd Avenue will be improved including lane widening from Alkire just past Applewood Village Center access; signalization will be improved along 32nd Avenue; there will
be a grade separation at Cabela Drive and SH 58; and the Youngfield intersection will have added lanes. Additional lanes and signal timing will increase capacity of the intersection
by 40-50% while traffic should only increase 25-30%. New ramps will be constructed at 27th Avenue at some time in the future and a new bridge will be constructed over 32nd Avenue. Cabela
Drive will have three lanes going south and two lanes going north. He reviewed the site circulation. In response to questions from Commissioner OHM, Carolynne White explained that the
bicycle path runs parallel to Cabela Drive. Mr. Paranto added that there will be a grade separation at Cabela Drive at Clear Creek for the path to go underneath Cabela Drive. Commissioner
TIMMS asked if there would be a sound wall for the homes along 32nd Avenue. Mr. Armstrong stated that the old sound wall will be removed and replaced with a new one. Noel Cupkovik Cupkovik
Architecture Mr. Cupkovic stated that he was retained by Cabela's in 2009 to work on the new ODP. He reviewed his firm 's credentials. A Design Standard Pattern Book has been incorporated
under the amended ODP to provide an overall foundation for all future development. It establishes minimum levels of design and regulatory guidelines and focuses on standards that will
create a vibrant environment for residents and visitors. It addresses signage, landscaping, site amenities, site planning and architecture. He reviewed the elements provided in the Design
Standard Pattern Book. Safe and ample pedestrian access has been provided for neighbors. Commissioner TIMMS asked about the timeline for construction. Dennis Armstrong replied that once
begun, construction should take 12-16 months. Commissioner TIMMS expressed concern about the use of synthetic stucco (EIFS.) Mr. Cupkovik stated that he didn't want to handcuff applicants
by prohibiting EIFS. Many problems with this material in the past have occurred with use in residential structures. Typically, stucco or ETFS is only used ten feet above ground level
so it isn't damaged by storm water or rain. In response to a question from Commissioner DIETRICK, Mr. Cupkovik stated that sustainable design will be used in the development. However,
to make it a requirement of zoning could be detrimental in attracting tenants because sustainable design is related to economic viability of a project. Planning Commission Minutes 4
March 17, 2011
Angela Milewski BHADesign Ms. Milewski reviewed the credentials for the landscape finn of BHA Design. BHA has been a leader in sustainable site design since 1993. She reviewed designs
for general landscaping, parking lot landscaping, streetscaping, site amenities and lighting. Lighting will be contained on the site. She noted the significant grade drop of 30-40 feet
from south to north which would further protect adjacent neighborhoods from light spillage. In addition, there will also be a 20-30 foot landscape buffer on the south side. In response
to a question from Commissioner BRINKMAN, Ms. Milewski stated that she agreed with the comments provided by the Forestry and Open Space Supervisor for Wheat Ridge. Commissioner OHM asked
if the Wheat Ridge Streetscape Design Manual would be adhered to. She stated that the Manual would be adhered to, however, cottonwoods will be used only where they are native along Clear
Creek. (Tile meeting was recessed at 9:07 p.m and reconvened at 9:19 p.m) Carolynne White Ms. White commented that when talking about sustainability on this project, it is the same as
defined in the city's comprehensive plan (people, prosperity, planet). She agreed with rezoning criteria related to the ODP amendment and stated that their application meets all of those
criteria. She agreed with the staff report with the exception of condition 4 that will be clarified later in the meeting. Chair MATTHEWS opened the public hearing. John Moore 13950 W.
32nd Avenue Mr. Moore disclosed that he has done contracted work for Cabela's; however, he has owned or resided in his property since 1968 and expressed excitement about the master planned
project that will greatly improve the energy of the area. He commented that his neighbors share his excitement. Kevin McCasky CEO, Jefferson Economic Council (JEC) Mr. McCasky, is also
a fonner Jefferson County Commissioner. As a Commissioner, he was involved in this project over the past six years with the applicant and the City of Wheat Ridge. He considered this
to be a major and critical project for Wheat Ridge and Jefferson County because it will provide many returns for the area. There will be a positive employment impact during the construction
phase as well as in the future when the project is complete. The area needs this type of development for its citizens. Planning Commission Minutes 5 March 17, 2011
Janice Thompson Wheat Ridge Citizen Ms. Thompson spoke in favor of the project because Cabela's is committed to excellence. She has visited the Cabela's store in Grand Junction that
has resulted in revitalization for the area. This land could have been developed in a much less desirable manner. She requested that hotels not be built in the area. She expressed her
disapproval of electronic message signs. Edna Miklos Ms. Miklos is a resident and business owner in the area. She spoke in favor of the project because it will be a positive tax and
employment base for the area. She expressed concern about RV' s parking overnight in the area and asked that this not be allowed. She also expressed her disapproval of electronic message
signs along 1-70. Don Klassen Mr. Klassen stated that he was not opposed to development. Because his neighborhood will get maximum impact from 32nd Avenue, he asked that wall barriers
on the residential side be raised to an appropriate level to minimize traffic noise. He asked that the Coors ponds be surrounded with chain link fence to protect children. Commissioner
BRINKMAN asked if Mr. Klassen felt that traffic on 32nd had been reduced since the interchange was installed. He replied that there is still a large amount of traffic due to the fact
that 32nd leads from downtown Golden out to Lutheran Hospital. Flora Andrus Fairmont Improvement Association Ms. Andrus expressed concern that traffic studies did not include traffic
coming from the north on McIntyre Street. She was pleased to have a bridge over 58th to allow access to Clear Creek from the neighborhood to the north. She expressed concern that lighting
could prevent residents from seeing stars at night. Stan Dempsey 311 0 Alkire, Golden Mr. Dempsey represented the Applewood Property Owners Association (APOA). He submitted a copy of
his statement into the record. He stated that he had not received notice of the hearing and requested continuation of the hearing until such time when there has been due notice. An exit
from Highway 58 to to Holden Street is essential to prevent the neighborhood from being overwhelmed with traffic. Improvements must be compatible with the revised traffic analysis. Commitment
to trail connections and improvements must be honored. Lighting must be compatible with residential neighborhood. He asked for opportunity to review lighting changes. He asked that the
Bald and Golden Eagle Protection Act and Planning Commission Minutes 6 March 17, 2011
the Migratory Bird Protection Act be adhered to. He requested that the APOA receive notices of any future meetings regarding this development. Shirley Schneider Applewood Valley Association
Ms. Schneider stated that her association represents two thousand homes immediately south of Wheat Ridge. She stated that she is not opposed to the development but wants it done right.
She expressed concern that there was inadequate notice of the hearing. Scott O'Donnell Applewood Valley Association Mr. O'Donnell stated that new factors in this revision compromise
a resolution because the plan allows for 1.5 million square feet of floor area which is almost twice the area in original ODP. He stated that state and federal government gave approvals
based on the original ODP. Barbara Barry Applewood Valley Association Ms. Barry did not agree that the new ODP would not adversely impact the public health, safety or welfare. She expressed
concern about increased traffic impact. She objected to not having the ability to review the new traffic analysis. Shirley Coen 13146 W. 33'd Avenue Ms. Coen's house is located near
Cabela Drive and 32nd Avenue. She expressed concern that the wall replacement would be closer to her house and prevent her from building a garage. Mr. Paranto stated that the wall would
be built on city property. Further, the design has not changed since 2006. She stated her opposition to the development. Meredith Reckert addressed comments about the noticing process
and explained the city is required to notice property owners within a 300 foot radius from the perimeter of affected property. There is no requirement to notify adjacent homeowners associations.
She also noted that the files, including traffic analyses, are open to the public. Carolynne White explained that digital signage is static and can only change every 15 seconds per City
of Wheat Ridge standards while CDOT standards allow change every 6 seconds. She reassured all present that Cabela's intends to complete all traffic commitments made in 2006 prior to
opening of store. The amended ODP has no changes to earlier traffic commitments. Commissioner BRINKMAN asked about overnight RV parking. Ms. White stated that she could only speak for
Cabela's and would have to discuss this with Planning Commission Minutes 7 March 17,2011
the other tenant. Under the proposed ODP amendment, it is allowed. Cabela's has no jurisdiction to require fencing on the ponds owned by Coors. Commissioner BRINKMAN asked if a traffic
study had been performed on 44th Avenue. Mr. Fasching explained the nature of traffic impact to the north of the development. The intersection of 44th and Holman and 44th and Mcintyre
are included in the traffic study. Present vehicles per day on Mcintyre at 44th Avenue are 20,000 vehicles per day (both directions). Build-out of the site could add roughly 3,000 vehicles
per day. Mclntyre should be able to accommodate 30,000 vehicles per day. 44th Avenue between McIntyre and Holman is now carrying 6,000 vehicles per day. About 1,500 vehicles would be
added. Most two-lane roads can handle up to \2-\5,000 vehicles per day. The intersection of 44th and Cabela Drive will be signalized. Traffic will be added to Youngfield and 32nd Avenue.
The numbers will increase up to 20-25%; however, capacity improvements at that intersection will far exceed the increased generation. He addressed concerns about increased density. The
increased square footage will not all be attributed to retail. Over half of that increase will be office space which presents less traffic intensity. Parcels north of Clear Creek would
have even less traffic. Carolynne White returned to the podium to close the presentation and thanked the Commission for its attention and asked for favorable consideration of the application.
Commissioner TIMMS expressed concern about proposed caretaker residences on Lots 5 and 7. Mr. Armstrong stated that Lot 7 is controlled by Coors and they have not yet made a decision
on allowed uses. It would be a light intensity use and there could be outdoor activities that would require a caretaker. Lot 5 would only be there in the event that any of the out-parcels
would require a caretaker use. In response to a question from Commissioner TIMMS, Mr. Armstrong replied that overnight camping on Lot 7 is not a new change. It is up to Coors as to whether
a campground would be proposed. Mr. Armstrong will discuss this with Coors. Commissioner TIMMS would like to see this use subject to a special use permit process. Commissioner TIMMS
expressed concern about "travel center/gas station" and stated that he would like to see self-service car washes, other than those associated with a service station, excluded. He also
wanted to see truck stops excluded as a use. Mr. Armstrong stated that truck stop use had never been considered. Commissioner TIMMS asked why a warehouse use was included on Lot 8. Ms.
Reckert stated that staff had recommended warehouses to be associated with office use. Mr. Armstrong stated that Coors looks at Lot 8 as being used for Planning Commission Minutes 8
March 17, 2011
access to their ponds rather than development. Mr. Armstrong and Ms. Reckert will clarifY this with Coors. Commissioner TIMMS asked the applicant to address outdoor storage. Mr. Armstrong
explained that Cabela's anticipates selling boats and ATV's and will need a screened area to house inventory. Commissioner POND asked the applicant if "travel center" could be eliminated.
Mr. Armstrong stated that language could be recreated to indicate there would be no truck stop use. Further, present-day gas stations have evolved to have a small restaurant inside which
makes them more like a travel center than merely a gas station. In response to a question from Commissioner TIMMS, Ms. Reckert clarified that no structures could be built on Lot 8. In
regard to questions from Commissioner TIMMS regarding design standards, Ms. Recker! and Mr. Johnstone explained that four-sided architecture would not be required for the three large
anchors, but would be required for secondary buildings. Mr. Armstrong stated that this will be looked at more closely at the specific OOP level. Commissioner TIMMS asked why staff was
recommending the removal of a condition requiring exterior signage to be turned off two hours after a store is closed. Ms. Reckert stated that it would be unenforceable. Ken Johnstone
commented that signs that would be on at night would be oriented toward the highway. Mr. Johnstone also noted that the requirement to turn off signs would be stricter
than elsewhere in the City and difficult to enforce. Commissioner POND asked what the procedure is for further amendments to the OOP. Ms. Reckert explained that if it were something
that wasn't working that didn't impact the intent or integrity of the requirement, it could be handled administratively. However, ifit was out of the realm of what the project entails,
it would require a full OOP amendment. In response to a question from Commissioner OHM, Mr. Armstrong explained that the grade differential between 1-70 and Cabela's floor is 5 feet.
Chair MATTHEWS closed the public hearing. It was moved by Commissioner TIMMS and seconded by Commissioner BRINKMAN to recommend approval of Case No. WZ-ll-Ol, a request for approval
of Planned Commercial Developmeut (PCD) zoning on property being considered for annexation at 4105 Y oungfield Service Road and that a PCD Concept Outline Development Plan, including
the Design Standard Planning Commission Minutes 9 March 17, 2011
'Pattern Book, on property located at 4000 Cabela Drive and 4105 Youngfield Service Road for the following reasons: 1. The TMAC parcel located at 4150 Youngfield Service Road is under
consideration for annexation and zoning must be approved within 90 days. 2. Extension ofthe PCD zoning and development to the north is a logical use for the property while protecting
the open space area currently located in the Clear Creek corridor. 3. The request is consistent with both the Three-Mile Plan and Envision Wheat Ridge. 4. Many of the infrastructure
improvements are already constructed. 5. There will be economic and recreational benefits from the development. 6. The proposed uses are compatible with commercial uses in the vicinity.
7. All requirements for a Concept ODP have been met. With the following conditions: 1. Comments generated by the city's Parks, Open Space and Forestry Supervisor be incorporated in the
Design Standard Pattern Book. 2. The applicant shall supplement, or modify, the Wheat RidgeCabela's Traffic Impact Analysis Update, dated February 23, 2011, to sufficiently address the
Public Works Department comments and requests. The Public Works Department must approve the final document prior to the hearing on the ODP before the City Council. 3. All public infrastructure
and improvements including streets cape amenities and drainage facilities be constructed prior to the Certificate of Occupancy. 4. On page 6-5 of the Design Standard Pattern Book, it
be specified that the transparency requirements apply to buildings, not tenant spaces. 5. The following uses be added to the prohibited use list: truck stops and self-service car washes.
6. Additional language be added to the Design Standard Pattern Book that clarifies appropriate building locations for synthetic stucco and EIFS. 7. The following uses be added as special
uses for Lot 7: camping or campground; and for Lots 5: and 7, Caretakers Residence. 8. The following use be removed from Lot 8: Warellouse. It was moved by Commissioner BUCKNAM and seconded
by Commissioner POND to amend the third condition to state: Streetscape amenities on or immediately adjacent to Cabela Drive, 4(/1. A venue and Clear Creek Drive, including landscaping
and associated amenities, sllall be installed prior to tile Planning Commission Minutes 10 March 17,2011
first Certificate of Occupancy witl/in tfle development. The motion carried 7-O. Commissioner OHM moved and Commissioner TIMMS seconded to add an amendment that the plant list in the
Design Standard Pattern Book be modified to meet the criteria of the City of Wheat Ridge Streets cape Design Manual. The motion carried 7-0. Commissioner BRINKMAN moved and Commissioner
BUCKNAM seconded to add a condition to eliminate the note regarding the requirement to turn off exterior signage two hours after a store is closed. The motion carried 4-3 with Commissioners
TIMMS, BUCKNAM and DIETRICK voting no. The main motion, as amended, carried by a vote of 7-0. B. Case No. WZ-ll-02: (Colltilluallce IlIItilApril7, 2011 recommellded by sta.lf.) An application
filed by Cabela's Retail Inc., Coors Brewing Co. and Jefferson County for approval of a Specific Outline Development Plan for property zoned Planned Commercial Development (PCD) and
located at 4000 Cabela Drive and 4105 Youngfield Service Road. It was moved by Commissioner BUCKNAM and seconded by Commissioner POND to continue Case No. WZ-ll-02, a request for approval
of Planned Commercial Development Specific Outline Development Plan on Lots 1.1, 2.1,2.2,2.3,2.4,3,5.1,5.2 and 5.3 within the Clear Creek Crossing Concept Outline Development Plan to
the April 7, 2011 Planning Commission meeting for the following reasons: 1. Not all submittal requirements for a specific ODP have been met. Commissioner TIMMS stated that he would not
be able to attend the April 7'h meeting and preferred to move the hearing to April 21. Commissioner BRINKMAN stated that she would also be unable to attend the meeting on April 7. Ms.
Reckert stated that public hearings have already been scheduled to be heard by City Council. The motion carried 6-1 with Commissioner TIMMS voting no. 7. OTHER ITEMS A. 38th Avenue Corridor
Plan Update Planning Commission Minutes I I March 17, 201 I
. Commissioners BRINKMAN and TIMMS presented a brief update on the 38th Avenue Corridor Plan. B. Election of Officers Commissioner BUCKNAM was elected to serve as Chair of the Planning
Commission. Commissioner POND was elected to serve as Vice Chair. 8. ADJOURNMENT It was moved by Commissioner BUCKNAM and seconded by Commissioner POND to adjourn the meeting at 11 :03
p.m. The motion carried 7-0. Richard Matthews, Chair Ann Lazzeri, Secretary Planning Commission Minutes 12 March 17, 2011
, . , : . ~ City of '~Wheat~dge ~OMMUNITY D EVELOPMENT Memorandum TO: Planning Commission FROM: Meredith Reckert, Senior Planner DATE: March 31, 2011 SUBJECT: Case No. WZ-II-01 (addendum
to March 17 Planning Commission action) Case No. WZ-I 1-0 I is request to approve zoning on the TMAC annexation parcel located at 4105 Youngfield Service Road and incorporation of it
into the Clear Creek Crossing Planned Commercial Development ODP approval. Planning Commission held a public hearing and gave a recommendation of approval at their March 17,20 II public
hearing. Subsequent to preparation of the staff report for the March 17 PC meeting, it was brought to the attention of statT that not all of the annexation piece will be incorporated
into the development. Of the approximate 36 acres of unincorporated Jefferson County property being annexed, roughly 32 acres will be zoned PCD and included in the Clear Creek Crossing
development. The other 2.7 acres is remnant right-of-way owned by COOT. (Exhibit I, right-of-way parcel). Because of the use of the parcel as r-o-w, Cabela's has no interest in including
it in the overall development plan, although it makes sense for the City to incorporate it. The majority of the right-of-way for [-70 is zoned A-I, Agriculture-One, and staff believes
that this piece should be zoned A-I as well. Because it was not included the PCD recommendation of approval for Clear Creek Crossing, separate action should be taken by Planning Commission.
The publication with approved legal description for the A-I zoning has occurred, therefore, Planning Commission hasjurisdiction to make a recommendation. The proposed A-I zoning will
be incorporated into the City Council action scheduled for April 25, 20 I [. SUGGESTED MOTION: HI move to recommend approval of A-I zoning on a 2.7 acre parcel owned by COOT located
north of 41 05 Youngfield Service Road, for the following reasons: [ . The parcel located is under consideration for annexation and zoning must be approved within 90 days. 2. The parcel
is used for right-of-way purposes and is not being incorporated into the Clear Creek Crossing development. 3. Other right-ot:way in the [-70 corridor is zoned A-I."
~ g = ~ ~ ~ EXHIBIT Clear Creek Crossing PCD: Proposed Zoning of Annexation Site Case No. ANX·11·01 Annexation of ??? acres Corrected Annexation Boundary Proposed Zoning _ Agricunural·One
_ Planned Commercial Development __ e-",~e..-.Il_ """'-"K' ''N f8!f9DG' -N ___ . _ .... ..... 0f00t_ ... ......., __· It!. ...... . _ ... _ ...... -...-.. ....... "...,.".. 1 .........
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______. . ....,. .•. ..............., _ ___ ... .. -. n.o ..... "' __ .... ~ __ ... Ci~"_. "'--"., ...... _ .... _--_ ...... -.. ... --.~-.,,..-.. ---~of Wncat~ OIly 01 WI •• , FWae
CoIor.OO 7500 WUI25th A'I«Iut WI_ AoO;t co '00334001 303 2,..MOO er.at.o IIYLaoI .. NlkwIM. ~ 1-lI2lon(11 1 D.t.s.o..n.u C ... olw.&lR-.. GIS
<.' > \) .1 -J-<:) f ~ '::s' rt U \" Il-i \J v '--V '0' "t E 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may
be limited to 3 minutes) 7. No members of the public wished to speak at this time. PUBLIC HEARING A. Case No. WZ-ll-Ol (Addendum to original PC action): An application filed by Cabela's
Retail Inc., Coors Brewing Co. and Jefferson County for approval of zoning for right-of-way being annexed into the City by Case No. ANX-II-01. This case was presented by Meredith Reckert.
She advised the Commission that proper noticing had taken place and there was jurisdiction to hear the case. A portion of the property being annexed (2.7 acres) is remnant right-of-way
owned by the Colorado Department of Highways. The applicants for Clear Creek Crossing have no interest in including this piece in the overall development plan, although it makes sense
for the City to incorporate it. It was moved by Commissioner POND and seconded by Commissioner OHM to recommend approval of A-I zoning on a 2.7 acre parcel owned by CDOT located north
of 4105 Youngfield Service Road for the following reasons: 1. The parcel location is under consideration for annexation and zoning must be approved within 90 days. 2. The parcel is used
for right-of-way purposes and is not being incorporated into the Clear Creek Crossing development. 3. Other right-of-way in the 1-70 corridor is zoned A-1. The motion carried 5-0. B.
Case No. WZ-ll-02 (continued from March 17,2011): An application filed by Cabela's Retail Inc., Coors Brewing Co. and Jefferson County for approval of a Specific Outline Development
Plan for property zoned Planned Commercial Development (PCD) and located at 4000 Cabela Drive and 4105 Youngfield Service Road. Prior to her presentation, Ms. Reckert introduced Tim
Paranto, Public Works Director and Ken Johnstone, Community Development Director. Mr. Johnstone assured the Commission that previous approvals related to the environmental assessment
will be fully implemented. The traffic study demonstrated that capacity improvements being constructed as part of the development project will fully accommodate the new development scenario.
Attachment 4 Planning Commission Minutes 2 April?, 2011
C..'1I5t AI/) . Wz -11-01 3-17-1 1 '}Of''''' TrEeD 13 '{ 5 "/1» j)iir>1f'se 'f Statement of Stan Dempsey, Applewood Property Owners Assocation I'm a member of the Board of the Applewood
Property Owner's Association and I'm here on behalf of the APOA. As you know, the APOA was actively involved in the public process surrounding what most of us refer to as the "Cabela's
development" -the project now before the Planning Commission -since the beginning . Although we have submitted extensive comments at various stages of the process, both on behalf of
the APOA and as individual members of the community, we were not given notice of tonight's public meeting. We learned of the meeting only this week, when one of our neighbors informed
of us the postings on the property and have had insufficient opportunity to review the pending proposal. In the spirit of conducting a meaningful open and public meeting, we think it
is important that the homeowners' association that represents over 1000 of the homes most directly impacted by this project be given direct notice of a meeting as critical as this one,
particularly in light of our active past participation. We respectfully request that this hearing be continued to a time when, with due notice, we can be better prepared to address the
pending proposal. On the assumption that the Planning Commission will go forward with its process tonight, we'd like to reiterate the comments we've made all along: 1. We received a
commitment early on that all access points and road improvements would be in place before project opening . Included among those improvements, a new exit from Highway 58 at Holden Street
is to be constructed to serve as the primary access for the development. We continue to maintain that Hwy 58 access is essential to avoid overwhelming the neighborhood with traffic approaching
the development from 32nd Ave. In addition, all promised improvements on and around 32nd Ave. must be completed before store opening, including promised changes to westbound traffic
exiting 1-70 at Youngfield and 32nd Avenue and traffic flowing on to 1-70 Westbound at 32nd and Zinnia. In light of the intervening years, the previously slated improvements must be
compatible with the revised traffic analysis, which we understand the City of Wheat Ridge has at its disposal but which we have not had an opportunity to review. 2. Commitments regarding
trail connections and improvements must be honored. 3. Previously established height restrictions; limitations on use, and Attachment 5 ,, I '
parameters regarding lighting were designed to maintain a level of compatibility between the project and its residential neighbors_ Zoning laws are intended to foster that compatibility
and to balance the rights of competing property owners. We request that these parameters be retained in the current proposal and object to any expansions of the developer's rights on
these matters. 4. There have been bald eagle sightings in the area of development during the years since the original zoning and planning of this project. We believe that any work on
the project must be in compliance with the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. It is our understanding that the US Fish and Wildlife Service and the
Colorado Department of Wildlife are aware of the sightings. 5. We'd like assurance that the APOA receive notice of all future public proceedings on the project in a timely and effective
manner. Our written submission of these comments contains an address for purposes of future notice: notice: -Brian Hansen, President Applewood Property Owner's Association 2750 Eldridge
Street Golden, CO 80401 Thank you for your time this evening. Stan Dempsey Member -Applewood Property Owners Association 3110 Alkire Street, Golden, Colorado 80401
", ~' _ • City of p WheatR;L.dge ITEM NO: ---.2.J. DATE: April 25, 20 II REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 10-2011 -AN ORDINANCE APPROVING A PLANNED COMMERCIAL
DEVELOPMENT (PCD) SPECIFIC OUTLINE DEVELOPMENT PLAN ON PROPERTY LOCATED AT 4000 CABELA DRIVE AND 4105 YOUNGFIELD SERVICE ROAD, MORE PARTICULARLY IDENTIFIED AS BLOCK 1, LOTS 1 AND 3;
BLOCK 2, LOT 1; BLOCK 3, LOT 1; BLOCK 4, LOT 1; BLOCK 5, LOTS 3, 4 AND 5 OF CLEAR CREEK CROSSING SUBDIVISION (CASE NO. WZ-ll-02/CLEAR CREEK CROSSING) ~ PUBLIC HEARING D BIDSIMOTIONS
D RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR I ST READING (03/14/20 II) ~ ORDINANCES FOR 2ND READING (04/25/2011) ~ YES D NO "Oa.,,,M~ A Planned Commercial Development (PCD)
Concept Outline Development Plan has been approved for 210 acres pursuant to Case No. WZ-II-O I (Council Bill No. 09-20 II). A land use application has been submitted for a Planned Commercial
Development Specific Outline Development plan for the combined parcels identified as Block I, Lots I and 3; Block 2, Lot 1; Block 3, Lot I; Block 4, Lot I; Block 5, Lots 3, 4 and 5 of
Clear Creek Crossing Subdivision. Approval of a Specific Outline Development Plan is the second step in the City's planned development process. If approved, the applicant can proceed
to administrative Final Development Plan (FDP) and subdivision. Adoption of the attached council bill on first reading set the public hearing to consider a Specific Outline Development
Plan on April 25, 2011. Case No. WZ-II -02/Clear Creek Crossing
Council Action Form April 25, 2011 Page 2 PRIOR ACTION: By prior action and in accordance with the lOA with Jefferson County, the property at 4105 Young field Service Road has been annexed
and zoned. A Planned Commercial Development (PCD) Concept Outline Development Plan for Clear Creek Crossing was approved pursuant to Council Bill 09-20 I J. Planning Commission reviewed
this request for Specific ODP at a public hearing held on April 7, 2011. A recommendation of approval was made for the following reasons: 1. All requirements for a PCD Specific Outline
Development Plan have been met. 2. The proposed Specific ODP is consistent with the development regulations established in the Clear Creek Crossing Concept Outline Development Plan and
Design Standards Pattern Book. With the following conditions: I. On the Cabela's site (Sheet 3) extensive landscaping be designed and installed along the rear of the building with a
focus on screening views and activating the space between the rear of the building and the greenbelt and users of the Clear Creek Trail and Clear Creek Crossing 2. The access drive design
from Cabela Drive show lane striping and dimensions to ensure proper functionality 3. The western entrance from Cabela Drive be properly designed to provide an attractive entrance 4.
Bike parking areas be shown on Sheets 3 and 5 5. On Sheet 5, screening must occur on the south side of the building including installation offencing and landscaping consistent with Pattern
Book 6. On Sheets 5 and 6, the public road be designated "Clear Creek Drive" 7. Regarding the northeast corner of Lot 2.2, the applicant commits to a buffer area greater in scope than
indicated in the Specific Development Plan to be fmalized in the Final Development Plan. 8. On Sheet 9, the use of painted concrete on building facades be changed to textured paint on
concrete 9. On the elevation designs on Sheets 7, 8, 9 and 10, an analysis be incorporated demonstrating compliance with requirements for building articulation, unifYing elements used,
transparency and breakdown of architectural materials \ O. On Sheets 5 -\ 0, the document title be revised to designate approval of Lot 1.1 , not Lot 1 There were several attendees in
the audience who gave public comment on the application. Attached for further information are copies of the Planning Commission staff report and meeting minutes. 2
Council Action Form April 25, 2011 Page 3 The Commission's recommended conditions of approval have not been incorporated into the review plan sets but are included in City Council's
recommended motion. However, the applicant has agreed to comply with all recommended conditions. FINANCIAL IMPACT: Fees in the amount of $24,375 were collected for the review and processing
of Case Nos. WZ-11-01 and WZ-II-02 (subject case). If the proposed Specific Outline Development Plan is approved and the property developed accordingly into a major commercial node,
there would be an advancement of the City's goals for economic development and a diverse and resilient tax base. BACKGROUND: The property known as Clear Creek Crossing Planned Commercial
Development is comprised of 210 acres of land. A Concept ODP was approved which established permitted uses, building floor area ratios and parking requirements. The Design Standards
Pattern Book further addressed signage, architectural materials, transparency requirements and streetscape standards. Both the Concept and Specific OOPs reflect the new development scenario
for the project which includes realignment ofW. 40th Avenue, the addition of retail pads and inclusion of another anchor tenant (Wal-Mart), in addition to a 135,000 square foot Cabela's
store. The Specific ODP is intended to defme site layout and includes information regarding proposed building locations, parking areas, loading areas and pedestrian connections. An important
component of the Specific ODP is the requirement for architectural elevations for all structures. This application has been through a standard City and outside agency referral process.
No major outstanding issues of concern have been raised. Guiding documents Envision Wheat Ridge designates this property as a Regional Commercial Center. It is intended that the center
will feature several anchor stores and other retail tenants, in addition to secondary uses such as employment, restaurants, or a hotel. The property and buildings within the center should
be designed with landscaping, high quality urban design and architecture. It should preserve significant views and incorporate green space. The Planning Commission staff report (attached)
provides a more detailed discussion of the content of the Specific ODP. RECOMMENDED MOTION: "1 move to approve Council Bill No. 10-20 II , an ordinance approving a PCD Specific Outline
Development Plan on property located at 4000 Cabela Drive and 4105 Youngfield Service Road more particularly described as Block 1, Lots I and 3; Block 2, Lot I; Block 3, Lot I; Block
4, Lot I; Block 5, Lots 3, 4 and 5 of Clear Creek Crossing Subdivision on second reading and that it take effect 15 days after fmal publication for the following reasons: 3
Council Action Form April 25, 2011 Page 4 Or, 1. All requirements for a PCD Specific Outline Development Plan have been met. 2. The proposed Specific ODP is consistent with the development
regulations established in the Clear Creek Crossing Concept Outline Development Plan and Design Standards Pattern book. 3. Planning Commission recommended approval. With the following
conditions: l. On the Cabela's site (Sheet 3) extensive landscaping be designed and installed along the rear of the building with a focus on screening views and activating the space
between the rear of the building and the greenbelt and users of the Clear Creek Trail and Clear Creek Crossing. 2. The access drive design from Cabela Drive show lane striping and dimensions
to ensure proper functionality. 3. The western entrance from Cabela Drive be properly designed to provide an attractive entrance. 4. Bike parking areas be shown on Sheets 3 and 5. 5.
On Sheet 5, screening must occur on the south side of the building including installation of fencing and landscaping consistent with Pattern Book. 6. On Sheets 5 and 6, the public road
be designated "Clear Creek Drive". 7. Regarding the northeast comer of Lot 2.2, the applicant commits to a buffer area greater in scope than indicated in the Specific Development Plan
to be finalized in the Final Development Plan. 8. On Sheet 9, the use of painted concrete on building facades be changed to textured paint on concrete. 9. On the elevation designs on
Sheets 7, 8, 9 and 10, an analysis be incorporated demonstrating compliance with requirements for building articulation, unifYing elements used, transparency and breakdown of architectural
materials. Any deviation from these requirements must be justified. 10. On Sheets 5 -10, the document title be revised to designate approval of Lot 1.1, not Lot I." "1 move to deny Council
Bill No. 10-2011 , an ordinance approving a PCD Specific Outline Development Plan on property located at 4000 Cabela Drive and 4105 Youngfield Service Road more particularly described
Block I, Lots 1 and 3; Block 2, Lot I; Block 3, Lot 1; Block 4, Lot 1; Block 5, Lots 3, 4 and 5 of Clear Creek Crossing Subdivision for the following reason(s) " 4
Council Action Form April 25, 2011 Page 5 REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill
No. 10-20 II 2. Planning Commission report with exhibits 3. Planning Commission minutes of April 17, 2011 5
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES Council Bill No.10 Ordinance No. --,-_....,-_ Series of 2011 TITLE: AN ORDINANCE APPROVING A PLANNED COMMERCIAL DEVELOPMENT
(PCD) SPECIFIC OUTLINE DEVELOPMENT PLAN ON PROPERTY LOCATED AT 4000 CABELA DRIVE AND 4105 YOUNGFIELD SERVICE ROAD MORE PARTICULARLY DESCRIBED AS LOTS 1.1, 2.1, 2.2, 2.3, 2.4, 3, 5.1,
5.2 AND 5.3 WITHIN THE CLEAR CREEK CROSSING CONCEPT OUTLINE DEVELOPMENT PLAN (CASE NO. WZ-11 -02/CLEAR CREEK CROSSING) WHEREAS, property located at 4105 Youngfield was annexed into the
City pursuant to Ordinance No. 08-11; and WHEREAS, the same property was rezoned to Planned Commercial Development (PCD) pursuant to Ordinance No. 09-11; and, WHEREAS, a Planned Commercial
Development Concept Outline Development Plan was approved for property located at 4000 Cabela Drive which incorporates property located at 4105 Youngfield Service Road; and WHEREAS,
the next step of the planned development process is a Specific Outline Development Plan (ODP); and WHEREAS, a land use application has been filed for a Planned Commercial Development
Specific Outline Development plan for property located at 4000 Cabela Drive and 4105 Youngfield Service Road for various Lots within the Clear Creek Crossing Concept Outline Development
Plan. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Upon application by Cabela's, Coors and Jefferson County, approval of a Planned
Commercial Development (PCD) specific Outline Development Plan for property located at 4000 Cabela Drive and 4105 Youngfield Service Road, and pursuant to the findings made based on
testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a PCD specific Outline Development Plan is hereby approved for the following described property:
LOTS 1.1, 2.1, 2.2, 2.3, 2.4, 3, 5.1, 5.2 and 5.3 within the Clear Creek Crossing Concept Outline Development Plan described as follow: A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER
OF SECTION 19, THE SOUTHWEST QUARTER OF SECTION 20, THE NORTHWEST QUARTER OF SECTION 29 AND THE NORTHEAST QUARTER 1 Attachment 1
OF SECTION 30, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING A THE WEST QUARTER CORNER OF SAID SECTION 29; THENCE N01°01'46"W A DISTANCE OF 997.38 FEET TO A POINT ON THE SOUTHERLY LINE OF THE CABELAS I COORS SUBDIVISION FILING NO.1,
AMENDED, AS RECORDED AT RECEPTION NUMBER 2006148911 , SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG THE SOUTHERLY AND WESTERLY LINE OF SAID CABELAS I COORS SUBDIVISION FILING
NO. 1, AMENDED THE FOLLOWING 14 COURSES: 1) CONTINUING N01 °01 '46"W A DISTANCE OF 323.41 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION
30; 2) THENCE S89°10'06'W ALONG THE SOUTHERLY LINE OF NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30, A DISTANCE OF 1315.31 FEET TO THE SOUTHWEST CORNER OF NORTHEAST QUARTER
OF THE NORTHEAST QUARTER OF SAID SECTION 30; 3) THENCE NOo055'43"W ALONG THE WESTERLY LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30, A DISTANCE OF 1320.36
FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 19; 4) THENCE NOooOT26"W ALONG THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION 19 A DISTANCE OF 913.46 FEET; 5) THENCE S89°0T35'W A DISTANCE OF 57.62 FEET; 6) THENCE 212.18 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS
OF 791 .19 FEET, A CENTRAL ANGLE OF 15°21 '56" AND A CHORD WHICH BEARS N50055'44'W A DISTANCE OF 211 .55 FEET; 7) THENCE 342.40 FEET ALONG THE ARC OF A NONTANGENT CURVE TO THE LEFT HAVING
A RADIUS OF 1529.61 FEET, A CENTRAL ANGLE OF 12°49'33" AND A CHORD WHICH BEARS N75°38'4TW A DISTANCE OF 341 .69 FEET TO A POINT OF COMPOUND CURVATURE; 8) THENCE 179.98 FEET ALONG THE
ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1022.23 FEET, A CENTRAL ANGLE OF 10°05'16" AND A CHORD WHICH BEARS N8r06'12"W A DISTANCE OF 179.75 FEET; 9) THENCE S8r51 '10"WA DISTANCE
OF 175.73 FEET; 10) THENCE NOo023'08'W A DISTANCE OF 174.56 FEET; 11) THENCE S89°0T35'W A DISTANCE OF 410.63 FEET TO A POINT ON THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION
19; 12) THENCE NOo023'08'W ALONG SAID WESTERLY LINE A DISTANCE OF 171.61 FEET; 13) THENCE 467.85 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 505.40 FEET,
A CENTRAL ANGLE OF 53°02'20" AND A CHORD WHICH
BEARS N28°13'13"E A DISTANCE OF 451 .32 FEET; 14) THENCE N01 °42'03"E A DISTANCE OF 141 .51 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF STATE HIGHWAY 58; THENCE ALONG THE SOUTHERLY
RIGHT-OF-WAY LINE OF SAID HIGHWAY 58 THE FOLLOWING 8 COURSES: 1) N8r01 '33"E A DISTANCE OF 1968.69 FEET; 2) THENCE S81 °54'27"E A DISTANCE OF 338.62 FEET; 3) THENCE S33°53'52"E 2
A DISTANCE OF 103.60 FEET; 4) THENCE S8r08'19"E A DISTANCE OF 51 :00 FEET; 5) THENCE N69°45'24"E A DISTANCE OF 13.67 FEET TO A POINT ON THE EASTERLY LINE OF THE SOUTHEAST QUARTER OF
SAID SECTION 19; 6) THENCE N69°45'14"E A DISTANCE OF 383.88 FEET; 7) THENCE S8r08'21"E A DISTANCE OF 142.63 FEET; 8) THENCE 592.11 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT
HAVING A RADIUS OF 577.60 FEET, A CENTRAL ANGLE OF 58044'05" AND A CHORD WHICH BEARS S5r08'25"E A DISTANCE OF 566.52 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY
70; THENCE SOo042'34"E ALONG SAID WESTERLY RIGHT-OF-WAY A DISTANCE OF 765.67 FEET TO THE NORTHEAST CORNER OF THE CABELAS I COORS SUBDIVISION FILING NO. 1, AMENDED; THENCE ALONG THE EASTERLY
AND SOUTHERLY LINE OF SAID SUBDIVISION THE FOLLOWING 5 COURSES: 1) SOo041'49"E A DISTANCE OF 1005.12 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION 29; 2) THENCE SOo045'44"E TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 29 A DISTANCE OF 1321 .80 FEET; 3) THENCE SOo043'38"E
A DISTANCE OF 241 .50 FEET; 4) THENCE S06°23'52'W A DISTANCE OF 82.23 FEET; 5) THENCE S89°24'56'W A DISTANCE OF 986.91 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 55.61 ACRES
MORE OR LESS. Section 2. Vested Property Rights. Approval of this zoning and specific ODP approval does not create a vested property right. Vested property rights may only arise and
accrue 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 object sought to be attained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to
any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances.
Section 5. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found
elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede
and prevail. Section 6 . This Ordinance shall take effect 15 days after final publication. 3
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 14th day of March, 2011, 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 April 25, 2011 , at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ,
ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 25th day of April, 2011 . SIGNED by the Mayor on this ___ day of ________ , 2011. ATTEST: Michael Snow,
City Clerk 1st publication: March 17, 2011 2nd publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to form by City Attorney Gerald Dahl, City Attorney
4
, . , _ City of. '~Wheat&"-dge J?'c"OMMUNtTY DEYfLOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED:
LOCATION OF REQUEST: PROPERTY OWNER: Al'PROXIMA TE AREA: PRESENT ZONING: COMPREHENSIVE PLAN: ENTER INTO RECORD: COMPREHENSIVE PLAN ZONfNG ORDINANCE CASE MANAGER: M. Reckert April 7,
2011 WZ-II-02/Clear Creek Crossing Approval of a Specific Outline Development (001') 4000 Cabela Drive and 4105 Youngfield Service Road (Block I, Lots I and 3; Block 2, Lot I; Block
3, Lot I; Block 4, Lot I; Block 5, Lots 3, 4 and 5 of Clear Creek Crossing Subdivision) Cabela's, Coors and Jefferson County 57 acres (Specific Outline Development Plan) Plalmed Commercial
Development (PCD), I'D (Jefferson County) and A-I Regional Commercial/Open Space CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION Attachment 2
All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Case No. WZ-II-02 is a request for approval of Planned Commercial
Development (pCD) Speci fie Outlinc Development Plan (001') on Lots 1. 1, 2, 3 and 5 within the Clear Creek Crossing Concept Outline Development Plan. This case was originally scheduled
to be heard at the March 17, 2011 , Planning Commission meeting but was continued without discussion until April 7, 2011. At the March 17 meeting, Planning Commission took action on
Case No. WZ-I 1-0 I, which· was a request lor approval of Planned Commercial Development (PCD) zoning on property in the process of being annexed into the City of Wheat Ridge located
at 4105 Youngfield Service Road and a Concept Outline Development Plan (001') for property located at 4000 Cabela Drive and 4105 Young field Service Road for 21 0 acres of land. A recommendation
of approval was made with conditions. (Exhibit I, Planning Commission minutes). Case No. ANX-II-OI (annexation of the TMAC parcel) and Concept ODP and Specific 001' are scheduled for
public hearing in front of City Council on April 25, 20 II. The subdivision plat is scheduled for public hearing in front of City Council on May 9. II. EXISTING CONDITIONS/PROPERTY HISTORY
The land under 001' consideration includes several parcels with multiple ownerships. The current property owners are Cabela's, Coors and Jetlerson County. (Exhibit 2, ownership map)
The County-owned parcel comprised of 32 acres is under contract for purchase by Cabela's and I.ongs Peak Metropolitan District. It previously contained the Table Mountain Animal Center
which was recently demolished and is zoned PD. Another parcel used by COOT tor right-of-way is included with the annexation but will be zoned A-I and is not included in either of the
ODP documents. The remainder of the property is located in the City of Wheat Ridge, is comprised of 174 acres and is zoned Planned Commercial Development (I'CD). It is currently vacant
with a a 28 acre water storage facility located in the southwest corner owned by Coors. The property WaS annexed in 2005 and an Outline Development Plan was approved for the entire 174
acres. A Final Development Plan (FOP) was approved in 2006 for Lots I and 2 for construction of an 185,000 square foot retail store. Special use permits have been granted in conjunction
with the excavation and fill deposition operations occurring on the property. Much of the discussion at the March 17 Planning Commission public hearing was related to trallic impacts
to the area generated by the Clear Creek Crossing development. The original Environmental Assessment for the project was previously approved and obligates that certain traffic improvements
be completed prior to the issuance of the first Certificate of Occupancy within the development. Planning Commission 2 WZ-II·02/Clear Creck Crossing Specific ODP
Many of the infrastructure improvements identified in the Environmental Assessment have already been built. Those improvements include the widening and improvement of Young field Street,
constntction of the W. 40'h Avenuell-70 underpass from Youngfield and the relocation ofa portion of thc Clear Creek greenbelt trail. There have also been improvements funded by COOT
for the constntction of interchange movements between State Highway 58 and 1-70. Improvements to the Clear Creek trail on the Jeflcrson County-owned parcels have occurred as well. Outstanding
improvements which still need to occur prior to the first C.O. for the development arc illustrated on Exhibit 3. (Exhibit 3, Required traffic improvements) Supplemental traffic information
was provided with the Concept 001' application. This new information has been reviewed by Stall' to ensure that the new and improved road network has the capacity to support the new
development concept. III. SPECIFIC OUTLINE DEVELOPMENT PLAN Where the Concept Outline Development Plan was general in nature and established uses, road improvements, access points and
development standards, the intent of the Specific Outline Development Plan is to more specifically define proposed site layout and architecture for different parcels in the development
(Exhibit 4, Specific 001'). While there are ten total parcels within the Clear Creek Crossing development, several of those primary parcels have been broken up into subparcels. The portions
of the development for which Specific 001' approval are being sought include the following parcels: Lots 1.1,2, 3 and 5 including various subparcels. Should the Specific 001' be approved,
prior to building construction, an administrative Final Development Plan (FOP) would be required for individual structures. The FOP would need to address speci fie site landscaping,
parking lot landscaping, pedestrian connections and lighting for each building. In addition to the Concept 001', an accompanying Design Standards Pattern Book was recommended for approval
at the March 17 Planning Commission public hearing. It is intended that all buildings within the Clear Creek Crossing development comply with both the 001' and the Pattern Book. While
the 001' document addresses permitted uses, setbacks, amount of parking and height, the Pattern Book addresses signage, streetscape improvements and architecture. Any deviation from
these documents requires justification by the applicant. The parcels which are not included in this phase of approval must obtain Specific ODP approval through the public hearing process.
Lot 1.1: Cabela's (Sheet 3 and 4 of the plan set) The applicant is proposing to construct a building which is 130,000 square fcct in size to be used as a retail sporting goods facility.
The structure is located in the northeast corner of the parcel, so as to capitalize on the visibi lity provided by 1-70. Due to the incorporation of the TMAC parcel, the building also
backs up to Clear Creek greenbelt. Boat display will occur on the east side of the structure. An RV dumping station and RV parking are located on the west side of the structure. Screened
loading bays will be located at the northwest corner of the building. Staff is concerned about views from the greenbelt and will require that extensive landscaping be installed along
the rear of the building for buffering. Planning COlllmission 3 WZ-ii -02/Ciear Creek Crossing Specific ODP
Primary access is from W. 40th Avenue via a landscaped entrance drive. In between the building and W. 40th Avenue is parking for the store with landscaped islands and four out-parcels,
which are not a part of the 001' document. An additional access is provided by Cabela Drive to the west which extends across another anchor tenant space which is not part of the specific
001'. StatThas concerns that this be properly designed to provide a welcoming entrance, instead of what could appear to be a back door to the store. Public Works is concerned with functionality
of the Cabela Drive access and would like a specific, engineered design to be included. Landscaped coverage is shown as comprising 25%. Parking exceeds the minimum number of spaces required
(520). Staff would note that bicycle parking areas should be added to the site plan. The structure is proposed to be 46.5' in height and will have the following architectural materials:
cultured stone, stucco and wooden siding. The elevations meet thc standards outlined in the Design Pattern Book for use of materials and identifying themes, layade articulation and transparency
Lot 2.2 (Sheets 6, 9 and 10) Development on Lot 2.2 has been indicated as containing "mini" or "junior" anchors within' the development. While no specilic users are proposed, it is generally
intended that these willbe large format retailers with around 25,000 square feet per lenant space. These tenant spaces are pushed to the east adjacent to 1-70 and will have retail store
fronts on the western filcade with loading areas on the east. I>rimary parking areas with pedestrian connections occur between the front of the buildings and the new internal street
named Clear Creek Drive. Building area on Lot 2.2 is 81 ,000 square feet with landscaped coverage at 12.7%. Staft'has expressed concern about the proximity of the rear loading and the
views from 1-70. While specific buffering is required by the Pattern Book, the views for the public traveling west bound on the freeway could be unattractive. As such such additional
detail was required by staff to better demonstrate how this buffering will occur. (Exhibit 5, Buffering detail on Lot 2.2) The exhibit depicts that there will be a 15' wide landscaped
strip along this rear property line. However, minimal room is provided at the very northeast corner of the building. Staff is recommending that this buffer area be increased in size
to at least 15 ' of private property which may afTect the configuration of the northern tenant space. An additional exhibit shows a "section" view of this area in relation to the freeway
elevation, (Exhibit 6, s ite section) Elevations for the proposed " mini" anchors are depicted on Sheet 9 of the plan set. Architectural materials for these facades include brick, stone
and EIFS. Staff would note that all of the facades utilize painted concrete which is not one of the recognized materials pursuant to the pattern book. The elevations appear to meet the
requirements for layade articulation, transparency and use of unifying elements, but an analysis should be included demonstrating compliance with the Design Standards Pattern Book. For
discussion of the elevations for the southern "shops" area on the south end of the building, refer to discussion under the next section regarding Lots 2.1 , 2.3 and 2.4. Lots 2.1, 2.3
and 2.4 (Sheets 6 and 10) The site plan for devclopment on out parcels 2.1, 2.3 and 2.4 is depicted on Sheet 6 of the plan set. No information is provided regarding uses although proposed
uses must be in accordance with the Concept 001', which allows retail, office, service and restaurant facilities. The design of Parcel 2.4 appears to be a vehicle fueling station with
fueling island canopy. Planning Commission 4 wz-t I,02/C lcar Creek Crossing Specific ODP
Access to Lot 2.1 is from Clear Creek Drive where a shared access to Cabela Drive is provided to Lots 2.3 and 2.4. as shown on the Concept ODP. For the combined three subparcels, building
coverage is roughly 39,000 square feet with landscaped coverage at 47%. Building height cannot exceed 35' in height. Parking provided exceeds the standards for retai I uses. Proposed
building elevations are depicted on Sheet 10 of the plan set. These elevations are applicab le to other parcels in the development, including Lots 3, 5.2 and 5.3. Architectural materials
proposed include brick, stone and EIFS. The elevations appear to meet the rcquirements for fa~ade articulation, transparency and use of unifying elements, but an analysis should bc included
demonstrating compliance with the Design Standards Pattern Book. Parcel 3 (Sheets 6 and 10) Building coverage on Parcel 3 is 20,800 square feet with landscaped coverage at 36%. Uses
and building height must be consistent with the standards on the Concept ODP. Parking exceeds the requirements for both restaurant and retail uses. Proposed building elevations are depicted
on Sheet 10 of the plan set. Architectural materials proposed include brick, stone and EIFS. The elevations appear to meet the requirements for ra~ade articulation, transparency and
use of unifying clements, but an analysis should be included demonstrating compliance with the Design Standards Pattern Book. Lot 5.1: Wal-Mart (Sheets 5, 7 and 8) A Wal-Mart store is
proposed for Lot 5.1 which is to be 177,535 square feet in size. The structure is pushed south on the lot with parking fields and landscaping to the north. The required parking specified
on the Concept ODP has been exceeded. Landscaping is shown as being shown as 18%. Loading will occur at the south side of the structure. Access is via two primary curb cuts from Cabela
Drive. Concern has been expressed regarding the low density neighborhood to the southwest and potential impacts of development on this particular lot, including site lighting and location
location of loading. An exhibit has been provided showing the relationship between the Lot 5.1 grade for Cabela Drive to the east and property to the south. (Exhibit 6, Site section
cxhibit). As indicated on Sections 2 and 3 of the Exhibit, the grade change between the building area and adjacent property is significant and provides "built-in" buffering, in addition
to the requirement for specific screening elements including fencing and landscaping. Architectural materials on the front and east fa~ades of the structure include cultured stone, integrally
colored CMU, EIFS and brick. The fayades which are less visible to the public (south and west) are primarily comprised of varying types ofCMU. While the requirement for the use of varying
building material appears to have been met, it does not appear that the requirements for architectural embellishment have been. An analysis must be provided describing how the requirements
of the Design Standards Pattern book are being met, similar to what is shown on Sheet Sheet 4 of the Cabela's elevations. This analysis should address building articulation, unifying
elements, transparency and breakdown of architectural materials. Planning Commission WZ·ll -02/Ctear Creek Crossing Specific ODP 5
The title of the document on sheets 5, 7 and 8 need to reflcct Specific ODP approval for Lot I. I, not Lot I. Screening must occur on the south side of the building including installation
of fencing and landscaping consistent with Pattern Book. Lots 502 and 503 (Sheets 6 and 10) The site plan lor development on out parcels 5.2 and 5.3 is depicted on Sheet 6 of the plan
set. No information is provided regarding uses although proposed uses must be in accordance with the Concept ODP, which allows retail, office, service and restaurant facilities. For
the combincd parcels, building coverage is 26,600 square feet and landscaping at 39%. Building height cannot exceed 35 ' in height. Parking provided exceeds the standards for both restaurant
and retail uses. A shared access is provided to Cabela Drive. Proposed building elevations are depicted on Sheet 10 of the plan set. These elevations are applicable to other parcels
in the development, including Lots 2.1 , 2.2, 2.3 and 3. Architectural materials proposed include brick, stone and EIFS. The elevations appear to meet the requirements for fa,ade articulation,
transparency and use of unifying elements, but an analysi s should be included demonstrating compliance with the Design Standards Pattern Book. Recommended conditions of approval for
the Specific ODP document: Based on the preceding analysis, Staff has the following recommended conditions of approval: I. On the Cabela's site (sheet 3) extensive landscaping be installed
along the rear of the building for buffering between the service area and greenbelt trail. 2. The access drive design from Cabela Drive show lane striping and dimensions to ensure propel'
functionality. 3. The western entrance from Cabela Drive be properly designed to provide an attractive entrance. 4. Bike parking areas be shown on Sheets 3 and 5. 5. On Sheet 5, screening
must occur on the south side of the building including installation of fencing and landscaping consistent with Pattern Book. 6. On Sheets 5 and 6, the public road be designated ""Clear
Creek Drive" . 7. On sheet 6, the buffer area at the northeast corner of the building on Lot 2.2 be increased in size to at least 15 ' of private property. 8. On Sheet 9, the use of
painted concrete on building facades be eliminated. 9. For all architectural elevations, an analysis be incorporated demonstrating compliance with requirements for building for m1iculation,
unifying elements used, transparency and breakdown of architectural materials. Any deviation from these requirements must be justified. 10. The title of the document on all sheets need
to reflect Specific ODP approval lor Lot I. I, not Lot I. Planning Commission WZol lo02/Clear Creek Crossing Specific ODP 6
IV. ZONE CHANGE CRITERIA The Specific ODP application rcquires analysis relative to the zone change criteria outlined in Section 26-112.0.2. The Planning Commission shall base its recommendation
in consideration of the extent to which the following criteria have been met: I. The existing zone classification currently recorded on the official zoning maps of the City of Wheat
Ridge is in error; There is not a mistake on the official city maps. The properly is zoned Planned Commercial Development. If these cases are approved the zoning maps will be updated
to reflect annexation and zoning on the old TMAC parcel. 2. A change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends,
deterioration, or development transitions, The properties have historically been utilized for gravel and mining operations. At the conclusion of the mining activities, the properly remained
vacant. In 2005, a portion of the properties were annexed and given a PCD zone designation. The properly exists where an interstate highway and a state highway converge. As a result,
the surrounding area has steadily grown and changed to provide more commercial services. The properly east of 1-70 (Applewood Shopping Center) contains large regional stores. The property
to the north of Highway 58 (44th Avenue Industrial Park) was annexed into the City in 1999 and developed with office/warehouse uses. In anticipation of development of this area into
a regional commercial node, infrastructure improvements have occurred which include the widening and improvement of Youngtield Street, construction of the W. 40th Avenuell-70 underpass
from Young field and the relocation ofa portion of the Clear Creek greenbelt trail. There have also been improvements funded by COOT for the construction of interchange movements between
State Highway 58 and 1-70. Additional improvements will be installed consistent with the EA for the property. Staf! concludes that this criterion has been met. The Planning Commission
shall also find that the evidence supports the finding of at least four of the following: 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 policics, and other related policies or plans for the arca; The City of Wheat Ridge's Three-Mile Plan is an addendum to Envision
Wheat Ridge, the City's comprehensive plan adopted in October 2009. The intcnt of a Three-Mile plan is to show property outside the current city limit which may be considercd for annexation
or be developed which may impact the city. The Three-Mile Plan designates the proposed annexation area as Regional Commercial on the southern one-thinl and open space on the northern
two-thirds. The plan speaks to these designations with the intent for the Regional Commercial to include retail, employment, restaurants and hotel uses. Planning Commission WZ-II-02/Clear
Creek Crossing Specific ODP 7
The designation of "open space" is a designation to indicate the land should not be developed; but may not ncccssarily be owned by a public entity. Envision Wheat Ridge's Structure Map
generally designates this property as Open Space on the northern on -third and Mixed-Use Commercial within a Regional Commercial Center on thc southern two-thirds of the combined parcels.
Regarding the open space designation, the Clear Creek Trail corridor is an important asset to the City of Wheat Ridge and our park infrastructure. Annexation of the TMAC parcel will
allow the city to continue to expand control of this important corridor and manage it to maximize its recreation, aesthetic and environmental value. The category of Mixed Use Commercial
and Regional Commercial Center specitically addresses this development. It is intended that the center will feature several anchor stores and other complementary retail tenants, in addition
to sccondary uses such as employment, restaurants, or a hotel. The property and buildings within the center should be designed with landscaping, high quality urban design and architecture.
It should preserve significant views and incorporate green space. In addition to the structure map designation, there are other goals being met by this application. Economy and Lund
Use o Make Wheat Ridge a "community of choice" in which to live, work, shop, and recreate. o Attract quality retail development and actively retain existing retailers to locate in Wheat
Ridge. o Retain and diversify local employment. o Increase the diversity of land uses. o Revitalize key redevelopment areas. Community Services o Continue investment in parks. recreation
and open space Sustainable Future o Establish and maintain a resilient and sustainable tax base. o Protect and preserve natural assets. Staff concludes Ihatthis criterion has been met.
b. The proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived; The property directly to the
south of the proposed development along 32nd Avenue is zoned PCD and contains a hotel. restaurants and a gas station. The property on the east side of 1-70 is a large shopping center
which provides a variety of retail, restaurant and service uses. Planning Commission 8 WZ-II-02/Clcar Creek Crossing Specific ODP
The original Cabela 'slCoors annexation is currently zoned PCD with a specified range of land uses. This application will extend the Specific ODP approval onto the former TMAC site.
Parcels to the south of Clear Creek are envisioned to be more retail and service oriented which is consistent with properties directly to the south and east across 1-70. Parcels 9 and
10 which are north of the Creek are allowed light industrial uses in addition to the reta il, office and service on the rest of the development. These light industrial uses are consistent
with the 441h Avenue Industrial Park located across Ilighway 58 to the north. All lots not included in this Specific ODP must receive approval through a public hearing process. Slaff·conciudes
Ihallhis criterion has been mel. c. There will be social, recreational, physicnl andlor economic benefits to the community derived by the change of zone; The approval of the Specific
ODP and development of the site should create a benefit to the community. Except for the Coors' pond on Lot Six, the property is vacant and has historically been uscd for mining. The
developable portion of the TMAC parcel is currently underutili 7.ed and is somewhat of an eyesore. If the property is developed it will provide additional services to the surrounding
residents and create jobs. Any retail sales on the property will generate sales tax revenue for the City, Jefferson County Open Space, the School District and Jefferson County. Special
taxing districts providing service to the area will receive increased property tax revenues. Many of the traffic infrastructure improvements identilied with the original EA have been
constructed which have benelited the surrounding area. Improvements to the Clear Creek trail have resulted in recreational benefits. When the land is developed there will be numerous
pedestrian improvements which currently do not exist today. Siaff concludes Ihallhis criterion has been mel. d. Adequate infrastructure/fncilities arc available to serve the type of
uses nllowcd by the change of zone, or that thc applicant will upgrade nnd provide such where they do not exist or arc undcr capacity; All responding agcncies are able to serve the property.
Longs Peak Metropolitan District was
formed and will fund and construct all on-site public improvements and infrastructure. The developer wil l be responsible for installation of pub lie streetscape improvements. SlafIconciudes
Ihallhis criterion has been mel. Planning Commission WZ-I I·02/Clear Creek Crossing Specific ODP 9
e. The change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and
air to adjacent properties; The request will not adversely affect public health, safety and welfare in the area. There are changed conditions from the old gravel mining operation which
was a potential hazard to residents in the area. While development of the property will create higher tramc volumes to the si te, the numerous roadway improvements which have already
occurred in the vicinity have alleviated tramc congestion. Drainage will be improved in the area based on construction of the regional water detention area adjacent to Clear Creek. The
parcels and subsequent buildings will be constructed to minimize air and light impacts to adjacent properties. Staff concllldes that this criterion has been met. 3. The application is
in substantial compliance with the applicable standards set forth in the Architectural allli Site Desigll MtllIIIIII. It is intended that the ODP and Design Pattern Book be stand-alone
design documents. Building design in the project must be consistent with both of these documents. Where deviation from the standards is requested, justification must be provided. St{Ur
concludes that this criterion is not applicable. VI. NEIGHBORHOOD MEETING The required pre-application meeting for neighborhood input was held on February 25, 20 I O. Therc were approximately
35 persons in attendance. The meeting was held in an "open house" format and comments were solicited through comment sheets. VII AGENCY REFERRALS All affected service agencies were contacted
regarding their ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development. Specific referral responses follow.
Jefferson County: No comments Renewal Wheat Ridge: Development of the site will comply with goals of the Urban Renewal Area. Prospect Recreation and Park District: Has commented regarding
the increased traffic and potential impact on their two parks located on access roads leading into the development. West Metro Fire Protection District: Can serve the property. Water
plan, hydrant locations and access to structures and buildings will be lilrther addressed as plans progress Planning Commission WZ-t t-02/Ctear Creek Crossing Specific ODP 10
Applewood Sanitation District: Developer must apply for inclusion in the district. Property can be served with installation of upgrades. Fairmount Fire Protection District: Can serve
the property. Future fire-related improvements must be reviewed and approved. Consolidated Mutual Water District: Can serve the property subject to installation of improvements. Colorndo
Department ofTrnnsportntion: No specitic comments at this time. Xcel Energy: Can scrvc. Wheat Ridge Public Works: lias reviewed and approvcd a master drainagc study. Instead of each
parcel having separate detention facilities, a regional pond will be locatcd on the western portion of the Jefferson County parcel. A traffic study has been reviewed with the conclusion
that the new and improved roadway network can support the development. An engineering design for the westerly access to the Cabela's site showing lane striping and dimensions for the
drive must be shown to ensure proper functionality. Wheat Ridge Police: Has reviewed the trallic addendum to determine impacts on resources and pcrsonnel. VIII. STAFF CONCLUSIONS ANI)
RECOMMENDATION Staff concludes that a Concept ODP with Design Standards Pattern Book have been recommended for approval by Planning Commission. Staff further concludes that all development
within the Clear Creek Crossing project must be compliant with these documents. While a recommendation of approval is given for the Specific ODP, there are several recommended conditions
incorporated into the suggested motion that will ensure compliance. IX. SUGGESTED MOTIONS: Case No. WZ-II-OI Option A: "[ move to recommend APPROVAL of Case No. WZ-II-02, a request lor
approval of Planned Commercial Development (PCD) Specific ODP on Lots 1.1,2.1 , 2.2,2.3, 2.4, 3,5.1,5.2 and 5.3 within the Clear Creek Crossing Concept Outline Development Plan, for
the following reasons: I. All requirements for a PCD Specific Outline Development Plan have been mct. 2. The proposed Specific ODP is consistent with the development regulations established
in the Clear Creek Crossing Concept Outline Development Plan and Design Standards Pattern book. With the following conditions: I. On the Cabela's site (sheet 3) extensive landscaping
be installed along the rear of the building for buffering between the service area and greenbelt trail. 2. The access drive design from Cabela Drive show lane striping and dimensions
to ensure proper functionality. Planning Commission II WZ-I I-02/Clear Creek Crossing Specific ODP
3. The western entrance from Cabela Drive be properly designed to provide an attractive entrance. 4. Bike parking areas be shown on Sheets 3 and 5. 5. On Sheet 5, screening must occur
on the south side of the building including installation of fencing and landscaping consistent with Pattern Book. 6. On Sheets 5 and 6, the public road be designated "Clear Creek Drive".
7. On sheet 6, the buffer area at the northeast corner of the building on Lot 2.2 be increased in size to at least 15' of private property. 8. On Sheet 9, the use of painted concrete
on building facades be eliminated. 9. On the elevation designs on Sheets 7, 8, 9 and 10, an analysis be incorporated demonstrating compliance with requirements for building articulation,
unifying elements used, transparency and breakdown of architectural materials. Any deviation from these requirements must be justitied. 10. On Sheets 5 -10, the document title be revised
to designate approval of Lot 1.1, not Lot I." Option 8: "1 move to recommend DENIAL of Case No. WZ-II-02, a request for approval'of Planned Commercial Development (PCD) Specific ODP
on Lots 1.1,2.1,2.2,2.3, 2.4,3,5.1,5.2 and 5.3 within the Clear Creek Crossing Concept Outline Development Plan, for the following reasons: I. 2. 3." Planning Commission WZ-I I·02/Clear
Creek Crossing Specific ODP 12
,,~~~ .... J .". City of .. pWheatRL-dge PLANNING COMMISSION Minutes of Meeting March 17,2011 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair MATTHEWS at 7:00 p.m.
in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: , . Staff Members Present: 3.
PLEDGE OF ALLEGIANCE . . Anne Brinkman . ,Alan !3\ieknam M"l,I Ic' Dietrick '. Did<:Matthews Scott Ohm George Pond Steve Timms Keq.Johnstone, Community Development Director Meredith
Reckert, Sr. Planner Gerald Dahl, City Attorney Tim Paranto, Public Works Director Patrick Goff, City Manager Heather Geyer, Administrative Services Director Ann Lazzeri, Recording Secretary
4. APPROVE 'EHE ORDER OF THE AGENDA It was moved by Commissioner TIMMS and seconded by Commissioner BRINKMAN to approve the order of the agenda as printed. The motion carried 7-0. 5.
APPROVAL OF MINUTES -February 17,2011 It was moved by Commissioner BUCKNAM and seconded by Commissioner POND to approve the minutes of February 17,2011 as presented. The Planning Commission
Minutes EXHIBIT 1 March 17, 2011
motion carried 5-0 with Commissioners BRINKMAN and TIMMS abstaining. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments
may be limited to 3 minutes) No members of the public wished to speak at this time. 6. PUBLIC HEARING (Prior to opening the public hearing, Chair MA ITHEWS.disclosed that he owns a small
amount of Calle la's stock. Staff determined thatthis would not affect his ability to hear the case.) A. Case No. WZ-ll-Ol: An application flIed by Cabela's Retail Inc., Coors Brewing
Co. and Jefferson County for approval of Planned Commercial Development (PCD) zoning for property located at 4105 Youngfield Service Road and approval of a Concept Outline Development
Plan on property zoned PCD and located at 4000 Cabela Drive and 4105 Y oungfield Service Road. This case was presented by Meredith Reckert. She distributed copies of letters of support
from Loretta DiTirro, PniSident ofEl}telPrise Wheat Ridge; Douglas Allen, Home Instead Senior Care; Denise Ste~fi¢!1S, Executive Director of Jefferson County Busi!J.l(ss ResourceJ~enter;
Britta Fisher, Wheat Ridge 2020; and Cheryl J;\,'iPngardt, I?J:/ltrict I Reside~t. She entered all pertinent documents into the reccird' .and advi§~il the CommissJon there was jurisdiction
to hear the case. She review¢q (he siaff rep,ort and di'gital presentation, .'" ,,)-.:-. ,-. l ,', . lflih!sponse to· ~.questio~ tom Commissioner BUCKNAM. Ms. Recker! . explained that
bike. parking ~!?quirements were taken from the Streetscape Design MilI)ual. . :;,~:~~, I,:: co~ffij~sioner BmkMAN referred to neighbors' concerns about lighting. Ms. Recker! 'iejllied
that freestanding lighting is proposed at 35 feet as opposed to 30 feet in the bId plan. The developer will be required to submit a photometric plan. She comment~d that increased light
pole height will decrease the number of light poles in the development. Commissioner POND asked if the ODP could be adjusted at final development plan. Ms. Reckert replied that there
is some ability for "tweaking" based on agreement between staff and the applicant. She also stated that the Streetscape Design Manual and the Architectural and Site Design Manual were
used as a reference point in developing the Outline Development Plan. Planning Commission Minutes 2 March 17.2011
Commissioner OHM inquired about electronic reader boards along 1-70. Ms. Reckert explained city code requirements for these types of signs. In response to a question from Commissioner
TIMMS, Mr. Paranto stated that all of Cabela Drive will be a public street. Commissioner BUCKNAM asked how far the multi-use path extends along the east side of the property to the south.
Mr. Paranto explained that a 10-foot path has been built on 40th underneath 1-70 and ties into the crosswalk to an existing sidewalk trail along the east side of Y oungfield down to
the Clear Creek trail. There will be four connections with the trail in the develd!llhent. Carolynne White . ,;' "i~\ Land Use Counsel, Cabela's '~; 'kl" . Ms, White stated the Concept
outline develol1Irientplan (ODPJ"would be presented this evening with the Specific ODP plarlned for presenliltion on April 7, Dennis Armstrong Corporate Arehitect, Cabela's Mr. Armstrong
presented the history and overview of the project. The location is desirable due to access from l-70.and SH58 that leads to the 1-70 corridor and outdoor recreation areas, It is hQlled
to use the open space for access by customers and as well as educational opportunities. The development will reclaim an old gravel pit and result in a great asset to'the community. Things
have changed since 2005 when it was planned to build a Cabela's store with other retail filling in over the years, The plan has been revisited to develop Clear Creek Crossing which will
bring a wider variety of tenants along with Cabela's and provide employment and .grea/services .to the community, Cabela's has already been a c.alJllyst to improve the community with
the 1-70 improvements and interchange' at 58th. The open space presents great opportunity to make the property next to Clear Cree~ more attractive and useful. Cabela's is very committed
to a sustainable future for the area. n. :r' .. Car0lYim~ White stilted that the applicant is requesting an amendment to the previousiY'lI{>proved'ODP and rezoning of an additional 32
acres of Jefferson County property' currently pending annexation to Wheat Ridge. She compared the previous OOP to the requested amended OOP, The principal changes reflect the additional
32' acres as well as changes resulting from additional anchors that will be developed concurrently with Cabela's, Chris Fasehing Traffic Engineer for Cabela's He stated that many traffic
analyses have been done on this site. As a result, some transportation improvements have already taken place Traffic counts have also been reduced on 44th and 32"d Avenues, Traffic analyses
have been "freshened" to take into account the expanded development area. Some of the changes include Planning Commission Minutes 3 March 17,2011
the following: 32nd Avenue will be improved including lane widening from Alkire just past Applewood Village Center access; signalization will be improved along 32nd Avenue; there will
be a grade separation at Cabela Drive and SH 58; and the Youngfield intersection will have added lanes. Additional lanes and signal timing will increase capacity of the intersection
by 40-50% while traffic should only increase 25-30%. New ramps will be constructed at 27'h Avenue at some time in the future and a new bridge will be constructed over 32nd Avenue. Cabela
Drive will have three lanes going south and two lanes going north. He reviewed the site circulation. In response to questions from Commissioner OHM, Carolynne White explained that the
bicycle path runs parallel to Cabela Drive. Mr. Paranto added that there will be a grade separation at Cabela Drive at Clear Creek for the path to go underneath Cabela Drive. Commissioner
TIMMS asked if there would be a sound wall for the homes along 32nd Avenue. Mr. Armstrong stated that the old sound wall will be removed and replaced with a new one. Noel Cupkovik Cupkovik
Architecture Mr. Cupkovic stated that he was retained by Cabela's in 2009 to work on the new ODP. He reviewed his firm's credentials. A Design Standard Pattern Book has been incorporated
under the amended ODP to· pro.vide an overall foundation for all future development. It establishes minimum levels of design and regulatory guidelines and focuses on standards that will
create a vibrant environment for residents and visitors. It addresses signage, landscaping, site amenities, site planning and architecture. He revieweq the elements provided in the Design
Stanqard :Patlern Bo\!k. Safe and,llplple pedestrian access has been provided for '!eigfibors . . Commissioner TIMMS asked about the timeline for construction. Dennis ~strong replied
that once begun, construction should take 12-16 months. '"' Comml~siqner TIMMS expressed concern about the use of synthetic stucco (EIFS.) Mr: ·C.upkovik stated that he didn't want to
handcuff applicants by prohibiting EIF8. Many problems with this material in the past have occurred with use in residential structures. Typically, stucco or EIFS is only used ten feet
above ground level so it isn't damaged by storm water or rain. In response to a question from Commissioner DIETRICK, Mr. Cupkovik stated that sustainablc design will be used in the development.
However, to make it a requirement of zoning could be detrimental in attracting tenants because sustainable design is related to economic viability of a project. Planning Commission Minutes
4 March 17,2011
Angela Milewski BHA Design Ms. Milewski reviewed the credentials for the landscape finn of BHA Design. BHA has been a leader in sustainable site design since 1993. She reviewed designs
for general landscaping, parking lot landscaping, streetscaping, site amenities and lighting. Lighting will be contained on the site. She noted the significant grade drop of 30-40 feet
from south to north which would further protect adjacent neighborhoods from light spillage. In addition, there will also be a 20-30 foot landscape buffer on the south side. In response
to a question from Commissioner BRINKMAN, Ms. Milewski stated that she agreed with the comments provided by the Forestry and Open Space ' Supervisor for Wheat Ridge. Commissioner OHM
asked if the Wheat Ridge Streetscape Design Manual would be adhered to. She stated that the Manual would be adhered to, however, cottonwoods will be used only where they are native along
Clear Creek. (The meeting was recessed at 9:07 p.m. and reconvened at 9:19 p.m.) CaroIynne White Ms. White commented that when talking about sustainability on this project, it is the
same as defined in the city's comprehensive plan (people, prosperity, planet). She agreed with rezOning criteria related to the ODP amendment and stated that their application meets'
ali of those criteria. She agreed with the staff report with the exception of condition 4 that will be dari fied later in the meeting. Chair MATTHEWS opened the public hearing. John
Moore 13950 W. 32nd Avenue Mr. Moore disclosed that he has done contracted work for Cabela's; however, he has owned or resided in his property since 1968 and expressed excitement about
the master planned project that will greatly improve the energy of the area. He commented that his neighbors share his excitement. Kevin McCasky CEO, Jefferson Economic Council (JEC)
Mr. McCasky, is also a fonner Jefferson County Commissioner. As a Commissioner, he was involved in this project over the past six years with the applicant and the City of Wheat Ridge.
He considered this to be a major and critical project for Wheat Ridge and Jefferson County because it will provide many returns for the area. There will be a positive employment impact
during the construction phase as well as in the future when the project is complete. The area needs this type of development for its citizens. Planning Commission Minutes 5 March 17,
2011
Janice Thompson Wheat Ridge Citizen Ms. Thompson spoke in favor of the project because Cabela' s is committed to excellence. She has visited the Cabela's store in Grand Junction that
has resulted in revitalization for the area. This land could have been developed in a much less desirable manner. She requested that hotels not be built in the area. She expressed her
disapproval of electronic message signs. Edna Miklos Ms. Miklos is a resident and business owner in the area. She spoke in favor of the project because it will be a positive tax and
employm,ent base for the area. She expressed concern about RV's parking overnight in the ~ea and asked that this not be allowed. She also expressed her disapprov~ of electiQnic message
signs along 1-70. .'" Don Klassen Mr. Klassen stated that he was not opposed to development. Because his neighborhood will get maximum impact from 32nd Avenue, he asked that wall barriers
on the residential side be raised to an appropriate level to minimize traffic noise. He asked that the Coors 'ponds be surrounci~d with chain link fence to protect chi Idren. Commissioner
BRINKMAN asked if Mr. Klassen felt that traffic on 32nd had bcen reduced since the interchange was installed. He replied that there is still a large amount of traffic due to the fact
that 32nd leads from downtown Golden out to Lutheran Hospital. Flora Andrus Fairmont improvement Association Ms. Andrus expressed concern that traffic studies did not include traffic
coming from the north oli McIntyre Street. She was pleased to have a hridge over 58th to allo:w:~ccess to Clear. Creek from the neighborhood to the north. She expressed concSrii $,at
lighting could prevent residents from seeing stars at night. -'.' Stan Dempsey 3110 Alkire, Golden Mr. Dempsey represented the Applcwood Property Owners Association (APOA). He submitted
a copy of his statement into the record. He stated that he had not received notice of the hearing and requested continuation of the hearing until such time when there has been due notice.
An exit from from Highway 58 to Holden Street is essential to prevent the neighborhood from being overwhelmed with traffic. Improvements must be compatible with the revised traffic analysis.
Commitment to trail connections and improvements must be honored. Lighting must be compatible with residential neighborhood. He asked for opportunity to review lighting changes. He asked
that the Bald and Golden Eagle Protection Act and Planning Commission Minutes 6 March 17,2011
the Migratory Bird Protection Act be adhered to. He requested that the APOA receive notices of any future meetings regarding this development. Shirley Schneider Applewood Valley Association
Ms. Schneider stated that her association represents two thousand homes immediately south of Wheat Ridge. She stated that she is not opposed to the development but wants it done right.
She expressed concern that there was inadequate notice of the hearing. Scott O'Donnell Applewood Valley Association Mr. O'Donnell stated that new factors in this revision compromise
a resolution because the plan allows for 1.5 million square feet' of floot' area which is almo'St twice the area in original ODP. He stated that state and federal' government gave approvals
based on the original ODP. Barbara Barry Applewood Valley Association Ms. Barry did not agree that the new ODP would not adversely impact the public health, safety or welfare. She expressed
concern about increased traffic impact. She objected to not having the abilitY to r!!view the new traffic analysis. Shirley Coen 13146 W. 33,d Avenue Ms. Coen's house is located near
Cabela Drive and 32nd Avenue. She expressed concern that the wall replacement would be closer to her house and prevent her from building a garage. Mr. Paranto stated that the wall would
be built on city property. Further, the design has not changed since 2006. She stated her opposition to the development. Meredith Reckert addressed comments about the noticing process
and explained the city is required to notice property owners within a 300 foot radius from the perimeter of affected property. There is no requirement to notifY adjacent homeowners associations.
She also noted that the files, including traffic analyses, are open to the pUblic. Carolynne White explained that digital signage is static and can only change every 15 seconds per City
of Wheat Ridge standards while CDOT standards allow change every 6 seconds. She reassured all present that Cabela's intends to complete all traffic commitments made in 2006 prior to
opening of store. The amended ODP has no changes to earlier traffic commitments. Commissioner BRINKMAN asked about overnight RV parking. Ms. White stated that she could only speak for
Cabela's and would have to discuss this with PlaMing Commission Minutes 7 March 17,2011
the other tenant. Under the proposed ODP amendment, it is allowed. Cabela's has no jurisdiction to require fencing on the ponds owned by Coors. Commissioner BRINKMAN asked if a traffic
study had been performed on 44'h Avenue. Mr. Fasching explained the nature of traffic impact to the north of the development. The intersection of 44'h and Holman and 44'h and McIntyre
are included in the traffic study. Present vehicles per day on McIntyre at 4411> Avenue are 20,000 vehicles per day (both directions). Build-out of the site could add roughly 3,000 vehicles
per day. McIntyre should be able to accommodate 30,000 vehicles per day. 44'h Avenue between McIntyre and Holman is now carrying 6,000 vehicles per day. About 1,500 vehicles would be
added. Most two-lane roads can handle up to 12-15,000 vehicles per day. The intersection of 44'h and Cabela Drive will be signalized. Traffic will be added to Youngfield and 32nd Avenue.
The numbers will increase up to 20-25%;' howe~er, capacity . improvements at that intersection will far exceCd the increased generation. He addressed concerns about increased density.
The increased square footage will not all be attributed to retail. Over half of that increase will be office space which presents less traffic intensity. Parcels north of Clear Creek
would have even less traffic. Carolynne White returned to the pqdium to close the presentation and thanked the Commission for its attention and aSked for favorable consideration of the
application. Commissioner TIMMS. expressed concern about proposed caretaker residences on Lots 5 and 7. Mr. Armstrong stated that Lot 7 is controlled by Coors and they have not yet made
a decision on allowed uses. It would be a light intensity use and there could be outdoor activities that would require a caretaker. Lot 5 would only be there in the event that 'any of
the out-parcels would require a caretaker use. In (esponse to a ql1estion from Commissioner TIMMS, Mr. Armstrong replied tha.{\iyernight carnijing on Lot 7 is not a new change. It is
up to Coors Coors as to whetlle-f;,l carnpgroilnd would be proposed. Mr. Armstrong will discuss this with ' -J., ~ _." Coors. ·C*.Jwnissioner TIMMS would like to see this use subject
to a special use • :·'~I'i'" perrmt proces~. . . Commissioner TIMMS expressed concern about "travel center/gas station" and stated that he would like to see self-service car washes,
other than those associated with a service station, excluded. He also wanted to see truck stops excluded as a use. Mr. Armstrong stated that truck stop use had never been considered.
Commissioner TIMMS asked why a warehouse use was included on Lot 8. Ms. Recker! stated that staff had recommended warehouses to be associated with office use. Mr. Armstrong stated that
Coors looks at Lot 8 as being used for Planning Commission Minutes 8 March 17,2011
access to their ponds rather than development. Mr. Armstrong and Ms. Reckert will clarify this with Coors. Commissioner TIMMS asked the applicant to address outdoor storage. Mr. Armstrong
explained that Cabcla's anticipates selling boats and A TV's and will need a screened area to house inventory. Commissioner POND asked the applicant if "travel center" could be eliminated.
Mr. Armstrong stated that language could be recreated to indicate there would be no truck stop use. Further, present-day gas stations have evolved to have a small restaurant inside which
makes them more like a travel center than merely a gas station. In response to a question from Commissioner TIMMS, Ms: Reckert clarified that no structures could be built on Lot 8. In
regard to questions from Commissioner TIMMS. regarding design standards, Ms. Reckert and Mr. Johnstone explained that four-sided architecture would not be required for the three large
anchors, but wOlJld be required for secondary buildings. Mr. Armstrong stated that this will be'looked at more closely at the specific ODP level. ,,; Commissioner TIMMS asked wh~ staff*anecommerlding
the removal of a condition requiring exterior signagc.to Pc iumed off two hours after a store is closed. Ms. Reckert stated that it wouid be unenforceable. Ken Johnstone commented that
signs that would be oil at night would be oriented toward the highway. Mr. Johnstone also noted that the requirement to turn off signs would be stricter than elsewhere in the City and
difficult to enforce. Commissioner POND asked what the procedure is for further amendments to the ODP. Ms. Reckert explained that ifit were something that wasn't working that didn't
impact the intent or integrity of the requirement, it could be handled administratively. However, ifit was out of the realm of what the project entails, it would require a full ODP amendment.
In response to a question from Commissioner OHM, Mr. Armstrong cxplained that the grade differential between 1-70 and Cabela's floor is 5 feet. Chair MATTHEWS closed the public hearing.
It was moved by Commissioner TIMMS and seconded by Commissioner BRINKMAN to recommend approval of Case No. WZ-ll-Ol, a request for approval of Planned Commercial Development (PCD) zoning
on property being considered for annexation at 4105 ¥oungfield Service Road and that a PCD Concept Outline Development Plan, including the Design Standard Planning Commission Minutes
9 March 17.2011
Pattern Book, on property located at 4000 Cabela Drive and 4105 ¥oungfield Service Road for the following reasons: 1. The TMAC parcel located at 4150 ¥oungfield Service Road is under
consideration for annexation and zoning must be approved within 90 days. 2. Extension of the PCD zoning and development to the north is a logical use for the property wbile protecting
the open space area currently located in the Clear Creek corridor. 3. The request is consistent witb both the Three-Mile Plan and Envision Wheat Ridge. 4. Many of the infrastructure
improvements are already constructed. 5. There will be economic and recreational benefits from the development. , 6. The proposed uses are compatible with commercial u~es in the vicinity.
7. All requirements for a Concept ODP have been met. With the following conditions: I. Comments
generated by the city's Parks, Open Space and Forestry Supervisor be incorporated in the Design Standard Pattern Book. 2. The applicant shall supplement, or, modify, the Wheat RidgeCabela's
RidgeCabela's Traffic Impact Analysis Updl!te, dated February 23, 2011, to sufficiently address the Public Works Department comments and requests. The Public Works Department must approve
the final document prior /0 the hearing on the ODP before the City Council. 3. All public infrastructure and improvements including streetscape amenities and drainage faCiliiies be constructed
prior to the Certificate of Occupancy. 4. On page 6-5 of the Design Standard Pattern Book, it be specified that the transparency requirements apply to buildings, not tenant spaces. 5.
·' , The followipg uses be added to the prohibited use list: truck stops imd self-seiv)ce car washes. 6. 'A41itiona! language be added to the Design Standard Pattern Book that '~hll·ifies
appropriate building locations for synthetic stucco and EIFS:, 7. The following uses be added as special uses for Lot 7: camping or campground; and for Lots 5: and 7, Caretakers Residence.
S. The following use be removed from Lot S: Warehouse. It was moved by Commissioner BUCKNAM and seconded by Commissioner POND to amend the third condition to state: Streetscape amenities
on or immediately adjacent to Cabela Drive, "fI" Avenue and Clear Creek Drive, including landscaping and associated amenities, shall be installed prior to the Planning Commission Minutes
10 March 17.2011
first Certificate of Occupancy within the development. The motion carried 7-O. Commissioner OHM moved and Commissioner TIMMS seconded to add an amendment that the plant list in the Design
Standard Pattern Book be modified to meet the criteria ofthe City of Wheat Ridge Streetscape Design Manual. The motion carried 7-0. Commissioner BRINKMAN moved and Commissioner BUCKNAM
seconded to add a condition to eliminate the note regar!Iing the requirement to turn off exterior signage two hours after a store is .. ~losed. The motion carried 4-3 with Commissioners
TIMMS, BUCKN~~ and DIETRICK voting no. ' " The main motion, as amended, carried by a'Yote of 7-0. B. Case No. WZ-1I-02: (Continuance until April 7, 2011 recommended by staff.) An application
filed by Cabela's Retail Inc., Coors Brewing Co. and Jefferson County for approval of a Specific Outline Development Plan for property zoned Planned Commercial Development (PCD) and
located at 4000 Cabela Drive and 4105 Youngfield Service Road. It was moved by Commissioner BUCKNAM and seconded hy Commissioner POND to continue Case No. WZ-ll-02, a request for approval
of Planned Commercial Development Specific Outline Development Plan on Lots 1.1, 2.1,2.2,2.3,2.4,3,5.1,5.2 and 5.3 within the Clear Creek Crossing Concept Outline Development Plan to
the April 7, 2011 Planning Commission meeting for the following reasons: I. Not aU submittal requirements for a specific ODP have been met. Commissioner TIMMS stated that he would not
be able to attend the April 7'h meeting and preferred to move the hearing to April 21. Commissioner BRINKMAN stated that she would also be unable to attend the meeting on April 7. Ms.
Reckert slated that public hearings have already been scheduled to be heard by City Council. The motion carried 6-1 with Commissioner TIMMS voting no. 7. OTHER ITEMS A. 38'h Avenue Corridor
Plan Update Planning Conunission Minutes II March 17,2011
~ ~ ~ = ~ ~ N t~ EXHIBIT 2 Clear Creek Crossing PCD: Ownership Map Case No. WZ-11-01 Concept Outline Development Plan Case No. WZ-11-02 Specific Outline Development Plan C oop Boundary
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...... ~.hIy ... '-ed \IP. DnIiond",*,11I'd21t~'1 -CHARACTER OF DEVELOPMENT THE"I'EHT-"'l)~OFtHlSIUHNED~DEVaOPNENT IS 'OPflOlo'lD(FORAww..ot:KiHEO.~Y..-....atl ~..P.R.O...L.C.T.n.u..
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...... ~ ...... ~1 1t~tlOMIop • .....wytlll:)6ol...,~ ... ~.~-...:.nal"'""""' _____ ,_~ -OoeIII."'CflndWaI .. DI$cl .... *""~"' ................ .,.""'.,.""'t,nIcdtn ___ '""' ... ~.
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, SUP·05-{I1 , WZ..()5.()l, SUP.()5.04, SUP.06-0S, WZ..()6-()3, ws.o6-Cl , sup·1D-02, ANZ,11-01, WZ-l1-01 , WZ·ll~ CLEAR CREEK CROSSING PLANNED COMMERCIAL DEVELOPMENT (Formerly known
as Cabela's) SPECIFIC OUTLINE DEVELOPMENT PLAN FOR LOTS 1,1 . 2. 3, AND 5 AN OFFICIAL OUTLINE DEVELOPMENT PLAN OF THE CITY OF WHEAT RIDGE, CO A PARCEL OF lAND, LOCA1ED IN THE SE 11.
OF SECTlON 19, THE SW 11' OF SECTION 21), THE NW 11' Of SECTION 29, AND THE NORTHEAST 11. Of THE NE 11. CUAA1EROF SECTION 30, T3 S, R69W, OFTHESIXTH P.M" CITY OF WHEAT RIDGE, COUNTY
OF JEFFERSON, STATE OF COLOAAOO w 'Z" ~ o z ::: ;t I\ '""/./, ~; .... --... ---.... .... -"" APPLEWOOD GOLF COURSE OWNER'S CERTIFICATE UNIFIED CONTROL STATEMENT M IElOW~IUNED OWNER(S).
OR LEGAL.l.V OEStGNATED AGENT(S) THEREOF, 00 HERESY AGREE THAT THE PROPERTY LEGAU. V 0E5CRJ8ED HEREON WIll 8.E DEVELOPEO AS A PI..ANNED DEVELOPMENT 1M ACC:ORO,.\HCE Win! THE USfS. RESTltICTIONSAt()
COHOITlONS CONTAHEO lH THIS PI..AN. Al6JAS W.V OTHERWI$E 1M: REOUiRED I V LAW. I (WE) FUATrlER RE~IZE THA.T THe IJ'IP'RrNAl Of RElOHIHG TO PlANNED OE'IELOPWENT, Nil) APPROVAL Of ntS
0I.ITlJE OEIJEl OPloEHT PlAN. OOES HOT CRfATE'" VESTEO PROPERTY RIGHT. VESTEO PROPERTY RlGtnS MAV OM. V AR!SE N¥J ACCRIJE JIlhItSUN(T TOTHE PROVISIONS Of SECTION 2&-121 OfnfE YlttfAT
RIOGE COOE Of LAWS. CA8.EI.A'S SlGN.AT\JRE Of OWNB(S) ORAGEHT(S) COORS SlGHATURE Of ~S) OR AoGaIT{S) NOTARY NOTARY =~=~wnuDA'r# ___ ~cn~Oj( TIA(»'YOl __ _ PLANNING COMMISSION CERTIFICATE
RECOIoIlWIOED FOR APPROIIAI. 'OOS_OAYOF _ __ 20_IYTHEWHEATRIOGEPl.ANHIHGCCltMo4ISSIOH CHAlRPfRSON CITY COUNCIL APPROVAL APPRO'Ie01l11S _ 00\YDF ___ 2C_ BVTHE'MlE/l.TRlOGEClTY COUNCl.
OlYClEAA "'''''' DIRECTOR OF COMMUNITY DEVELOPMENT DIA.ECTOR OFCOMNUNITY OEVELOPME.~ JEFFERSON COUNTY CLERK & RECORDER RfCOROER'SCERTIfICATE ACCEPTED FOR FUNG .. .. TlE OfFICE Of floE
COUNTY ClERK AND RECORDER Of JEfFERSOt.' COUHTV AT~, COLORADO. ON THIS __ DAVOF~ JEfF£RSON COUNTY a.eRK l RECOADER RfCEI'IlON ....... SEAL DATE: 321.11 JEA'ERSONCOUNTY NOTARY ~ _ TOJQOIIl""IMISa.t.tO
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1031431~ CONTACT: JOHN MOORE MOORE EXHIBIT 4
CLEAR CREEK CROSSING PLANNED COMMERCIAL DEVELOPMENT (Formerly known as Cabela's) SPECIFIC OUTLINE DEVELOPMENT PLAN FOR LOTS 1.1, 2, 3, AND 5 AN OFFICIAL OUTLINE DEVELOPMENT PLAN OF THE
CITY OF WHEAT RIDGE, CO A PARCEL OF lAND, LOCATED IN THE SE 1/4 OF SECTION 19, THE SW 1'4 OF SECTION 20, THE NW 114 Of SECTION 29, AND THE NORTHEAST 114 OF THE HE 1/4 QUARTER OF SECTlON
30, T 3 S, R 69 W, Of THE SIXTH P.M., CITY OF WHEAT RIDGE, COUNTY Of JEFFERSON, STATE OF COlORADO ~ _ V _I v~ ... '-'-"II ,...,....,_ I _ ~_I '\.Ir'\ .... ~ SCALE: NTS NORTH //' PAGE
201 DATE: 3.21.11 /.. ,,,.c-~ ... ·{:'t~. /"'1 NOT A PART . \'1 "'.... ! _.o-'~'~~OP . 'l'(,\, . CABELA'S BIRDSEYE AERIAL ,\ "'-<" .\ ," ~--",~~\",\_\,~" ", "':i? Q \' -.. -, .~~ /''1,1
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CLEAR CREEK CROSSING PLANNED COMMERCIAL DEVELOPMENT (Fonnerly known as Cabola's) SPECIFIC OUTLINE DEVELOPMENT PLAN FOR LOTS 1.1, 2,3, AND 5 AN OFFICIAL OUTLINE DEVELOPMENT PLAN OF THE
CITY OF WHEAT RIDGE, CO A PARCEl Of LAtjD. LOCA.TED IN THESE '''' Of SECTION 19. THE SW,,. Of SECTlOtj 20, T1'E NW 11' Of SECTION 29, ~DTIE tiOR~EAST 1/<1 Of THE HE 1/01 QU.I.Rru OF
SECT10N :10, T 15, II 18 W, Of THE SOO"H P.M., CITY OF WHEAt RIDGE, COIJI<TY OF JEFFERSON, STAre OF ClXOAADO STANDING SEAM METAL ROOf -WOODEN SIDING -SIGN.\GE.(LI3SF} OA",:3.21.11 ClA.
TURED STONE PIER BRACKET MOUNTED UGHT FlXllJRE $IGHAGE (651 SF) SMOOn1 STUCCO &&3 -[..D;J ~"" TEXTUR£D srucco SMOOTH STUCCO /451'-9" Cabela's Primary Elevation ""t"'"..,... ... ..,""""";~.;~;,'"'
~",,!)[II CAAOPY SCALE:" a 20' ....... 1 ':< "'l.N<nNG AI IItJIU)-"O [ DC[ ~ = ~ ~----..d 0 • 0 0 === _ Bi:o;c>;[S __ • ___ • _ ,..___ • ___ -.~-,"_ ", __ , ~_ [NHANcr.o "~~T AT (NTlI(S
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(253 SF) UNIFYING ELEIIIEHTII USED (3 MINIMUM): ~TEGORY 1 (ROOF fOAMS): HEAVY TIMaER LATTICE ~'fel ~&FJlEJ[ ~.38t1IE3lt 3IC-~:Ll.= PITCHED ROOFS. O'IERHAAIGS, GA8l.E DOfWERS CtJEGORV
2 STRIJCTIJfI.,\l ElEMEHTSt STONE PIlASTERS, TIt.IIIER FRAMING ~lEGORY 31'!L...I4UNiAV El~! COVERED ARCADE. SHo\DE TRElUS£S ~T£GORV " CANoPY E~ !Il.OPEOMETAL AWNING PRltAARY IllATERIAUI
USED (fS% MW): /,-I ~ //__ _____ _ 282'-5· CUI.. lURED STONE STIJCCO 283'-1· """""" SIGHAGE (1M SF) , --/Cabela's Side Elevation (East) SCAlf: 1" 020' -, '; /Cabela's Side Elevation
(West) SCALE. '" . 20' CUlT\JREO STONE: 4.821 SF SnJCCO: UIMI SF ,=co __ /-CULTUREOSTO~ Cabela's Rear Elevation (North) WOOD S10ING' 2228 SF SCALE. 1·_20' PfiIMARYIMTERlAlS 10.2013SF
BUILOIHG AA!!CULAT!OM: f'RjMARY ELEVATlONS PROVIOE ARTlCI..IlAT1Ot<I EVERY $0" YU NON-PRIMARY ELEVATIONS PROV1DE AATlCUlATlON EVERY 15'-YES F'RI:MDE AT L£AST , MAJOR IOEN'11fY1HG £L£MEHT
EVERY 2OCJ': YES OVERAll. ELEVAllON n .MlI Sf" PRlMAR"I'MATERIALS: '0,2'" SF !*I'lloj HON-PFIIMARY MAT'S: 1.100 SF II. ") WA.U. SlGNAGE: TRANSPARENCY 115'110 It!:~ WAll SIGNAGE AllOWEO
BASEO ON ,S1rt PERIMETER WAll: l!'TO SF PfUMARY elEVATION BUIlDING lENGTH. 452' TOTAl WAll SIGHAGE. PROPOSEO FOR All El.EVATlONS. , .... SF LENGTH OF WINDOWS F~ " TO 8': 80' (n 8'11.)
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1,2,3 AND 5 AN OFFICIAL OUTLINE DEVELOPMENT PLAN OF THE CITY OF WHEAT RIDGE, CO A'AIICR Of LAIID, LOCAlED iii TIE If 1/01 Of SlCTlOtt It, TIE SW 11( Of SECTION" TMf ""114 Of SECnOH 21,
AND THE IIOIffIiIE.UT 1H Of THf. N£ 11( OF IECTOIJII, T ' .. II. W, Of THE IIXnI '" Jl.. em Of 'MtUT NOGE. CCIUHT'I' Of JEFF'ERS(lN, HAlf. 01 COt..CIAADO @@® 1 MINI FRONT ELEVATION <D
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~fi; -l~~J----.M ._-PRfPARED Fat ... THF 8!!!1Y F'REPAREO BY' SEM DATE: Q1.I.11
s:=:-CLEAR CREEK CROSSING PLANNED COMMERCIAL DEVELOPMENT (Formerly known as Cabela's) SPECIFIC OUTLINE DEVELOPMENT PLAN FOR LOTS 1,2,3 AND 5 AN OFFICIAL OUTLINE DEVELOPMENT PLAN OF THE
CITY OF WHEAT RIDGE, CD A PARCEL OF WD, lOCItoTUI .. THE SE II. Of SECnoN ' .. 'OlE IW II. OF SECTION 20. ntf. HW'~ Of SECTION 21, AND 'OI! ~ ,U Of M NE 114 OFSECTlON 30. T S a. RltW,
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0 01 -' .. u_ _n _~_ ._< •. ~ .n_n~:==~~~---:u ~ r r r-lf' j r-.--~-2 ~H.? PS REAR ElEVATION <j) 0 0111' 0 I ~ . ,,~ -,. fJIE~ _toNJloIIIlBtOI.Il'. ..:r fXION n.s Mf'T NIl _AIM: Of IIUlDNl:SON
lOT J.' , LOT Ll.l.011J, LOT I~ . PNlCEll, lOI U,A/;(llOT ~I ~l '0-:; '1 '"--=;;::. to " ,-DEVELOPMENT PLAN ,'11 'w i ,]",, 1 ~---.N ., I \..:_-_.'C:=.: _ 3 ~H.? PS SIDE ElEVATION PREPARED
FOR: -M!!!!.!y P!\EPARSl IN' SEM _-"'IIICOECIlWl-...t,Ll.(. IIl/oII<IIDfItmIOC ' lUI(UIILUIlCI~~ Irr'c:Q._a'oO..IUII!'II:\l ___-'eI"Po1III_UI_I ,'"1 Utlf10 D_EIN,PlAIIIe _o_ '.llCc(lllll_
''''''PIIII'M!I1 CCII(I.oe:_~ljO Cl;NTOC_1WOIlIOfTDI DATE:IU.ll
'-J :::J :J , , Q [J II ' o o l!J l!J U Q Q Q LJ [J I II' LJ EXHIBIT 5
Trees located to Screen Service and loading Activities Existing Grade ----, Mini's Service Section 1 Proposed landscape 10-----"'meet site requirements and design pattern Section 2 Proposed
landscape meet site requirements and design pattern booI< Proposed Wali----. »2" 5510 '''''' Section 3 Service clear creek crossing wheat r i dge, colorado EXHIBIT 6 -1--10' -0· SS10
' 500 ---1-= 10' -0-"''' 1-= 10'-0-"",""u ~_.~
~~A.4 -~ City of ?WheatRt..-dge PLANNING COMMISSION Minutes of Meeting April 7, 2011 1. CALL THE MEETING TO ORDER 2. 3. 4. The meeting was called to order by Chair BUCKNAM at 7:00 p.m.
in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Alan Bucknam Tracy Guildner Dick
Matthews Scott Ohm George Pond Commission Members Absent: Anne Brinkman Marc Dietrick Steve Timms Staff Members Present: Ken Johnstone, Community Development Director Meredith Reckert,
Senior Planner Tim Paranto, Public Works Director Gerald Dahl, City Attorney Ann Lazzeri, Recording Secretary PLEDGE OF ALLEGIANCE APPROVE THE ORDER OF THE AGENDA It was moved by Commissioner
MATTHEWS and seconded by Commissioner POND to amend the order of the agenda to move Item A (Case No. ZOA-11-03) to Item D. The motion carried 5-0. 5. APPROVAL OF MINUTES -March 17,2011
It was moved by Commissioner MATTHEWS and seconded by Commissioner OHM to approve the minutes of March 17,2011 as presented. The motion carried 4-0 with Commissioner GUILDNER abstaining.
Planning Commission Minutes Attachment 3 I April?, 2011
6. PUBLIC FORUM (Tbis is tbe time for any person to speak on any subject not appearing on tbe agenda. Public comments may be limited to 3 minutes) No members ofthe public wished to speak
at this time. 7. PUBLIC HEARING A. Case No. WZ-ll-OI (Addendum to original PC action): An application filed by Cabela's Retail Inc., Coors Brewing Co. and Jefferson County for approval
of zoning for right-of-way being annexed into the City by Case No. ANX-II-Ol. This case was presented by Meredith Reckert. She advised the Commission that proper noticing had taken place
and there was jurisdiction to hear the case. A portion of the property being annexed (2.7 acres) is remnant right-of-way owned by the Colorado Department of Highways. The applicants
for Clear Creek Crossing have no interest in including this piece in the overall development plan, although it makes sense for the City to incorporate it. It was moved by Commissioner
POND and seconded by Commissioner OHM to recommend approval of A-I zoning on a 2.7 acre parcel owned by CDOT located north of 4105 Youngfield Service Road for tbe following reasons:
1. The parcel location is under consideration for annexation and zoning must be approved witbin 90 days. 2. Tbe parcel is used for right-of-way purposes and is not being incorporated
into tbe Clear Creek Crossing development. 3. Otber right-of-way in tbe 1-70 corridor is zoned A-I. Tbe motion carried 5-0. B. Case No. WZ-ll-02 (continued from Marcb 17,2011): An application
filed by Cabela's Retail Inc., Coors Brewing Co. and Jefferson County for approval of a Specific Outline Development Plan for property zoned Planned Commercial Development (PCD) and
located at 4000 Cabela Drive and 4105 Youngfield Service Road. Prior to her presentation, Ms. Reckert introduced Tim Paranto, Public Works Director and Ken Johnstone, Community Development
Director. Mr. Johnstone assured the Commission that previous approvals related to the environmental assessment will be fully implemented. The traffic study demonstrated that capacity
improvements being constructed as part of the development project will fully accommodate the new development scenario. Planning Commission Minutes 2 April ?, 2011
Ms. Reckert entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation.
Staff concluded that a Concept ODP with the Design Standards Pattern Book was recommended for approval by Planning Commission and all development within the Clear Creek Crossing project
must be compliant with these documents. While a recommendation of approval was given for the Specific ODP, staff recommended several conditions that would ensure compliance. Commissioner
POND asked about the call for extensive landscaping on the north side of Lot I. Ms. Reckert explained that Cabela's intends to make this an amenity as part of the development and has
agreed to work with the city's parks naturalist to develop an appropriate design. In response to a question from Commissioner BUCKNAM, Mr. Paranto explained that the large new water
quality pond to the west is the primary treatment facility for all the wastewater. There is a small area on the east side of the project where water will come into a small pond proposed
behind the Cabela's store. Commissioner BUCKNAM asked if additional changes to the Clear Creek Trail would take place when the overpass over Cabela Drive takes place. Mr. Paranto explained
that there will be a ramp from Cabela Drive to access the trail which will be lowered slightly to go under the street. Dennis Armstrong Cabela's Mr. Armstrong stated that the multi-modal
means of going through the project has been established and connections to the trail will be a strong amenity for the community. In addition to commitments fulfilled by Cabela's, there
has been a real consistency to the project. He requested a favorable recommendation from the Planning Commission to enable the next step to take place. He expressed appreciation to the
city staff and members of the community for the time and consideration that has been given to planning this project. Noel Cupkovik Cupkovik Architecture Mr. Cupkovik presented site plans
for Lot 1.1 including exterior elevations for the Cabela's building planned to be 130,000 square feet in size. He reviewed
building materials and lighting plans to be used as well as Cabela's sustainability strategies for the site. Sbad Vermeesch VR Architecture Mr. Vermeesch presented the site plan for
Lot 5.1 that includes a WalMart building proposed to be 177,535 square feet in size on 17.86 acres. He reviewed Planning Commission Minutes 3 April?,2011
locations for two pedestrian crossings as well as vehicular access to the site. He pointed out a grade change of approximately 30 feet on the east side of the site with a 50 foot landscaping
area. There is a grade change of 24 feet along the residential area to the south. He presented the hardscape plan and amenities for the entrance of the building and reviewed the unifYing
elements that meet requirements of the pattern book. He presented exterior elevations of the building and the lighting plan for the site. He reviewed WalMart's sustainability strategies
for the site. Karen Blumenstein THF Realty Ms. Blumenstein presented an overview ofTHF Realty, a private real estate development company that holds property for the long term. She stated
that THF owns, manages, leases and operates its properties and is excited about being" a member of the community. Christopher Kenton SEM Architects Mr. Kenton presented proposed site
plans for Lots 2.1,2.2,2.3, 2.4,3, 5.2 and 5.3. He presented proposed elevations for potential development of future tenant buildings in the project and demonstrated how they will meet
standards set forth in the pattern book. He reviewed potential landscaping plans that will accommodate potential tenants while meeting all requirements of the development. He reviewed
sustainable design elements. Ms. Blumenstein suggested two minor modifications to staff's suggested conditions. She requested that the matter of additional buffering at the northeast
comer be addressed during the Final Development Plan process. Secondly, while painted concrete is not currently in the pattern book she suggested that it be added with the requirement
that it have a textured finish. Carolynne White Land Use Counsel, Cabela's Ms. White summarized the request for approval of the Specific Outline Development Plan. She concurred with
the staff report with the exception of the two conditions discussed by Ms. Blumenstein. Commissioner OHM referred to page 3 of the ODP and asked ifthe truck turnaround will eliminate
landscape buffering. Mr. Cupkovik explained that it would touch a lot line and landscape edge and stated that he would take another look at the tum-around to make sure it complies. Commissioner
OHM asked if a screening wall would be considered if a landscape buffer is not possible. Mr. Cupkovik replied that an appropriate type wall would be considered, perhaps some type of
a vegetative wall rather than a hard wall. Planning Commission Minutes 4 April 7, 201 J
Commissioner OHM expressed concern about the trash compactor located within 100 feet from residential property on the WalMart plan. Ms. White commented that the city's code and state
law set forth noise standards that may not be exceeded when a commercial property abuts residential property. Mr. Vermeesch noted that there will be a solid wall surrounding the compactor.
Further, the compactor will be used less frequently due to recycling measures planned by WaiMart. In response to a question from Commissioner POND, Mr. Vermeesch stated that Leadership
in Energy and Environmental Design (LEED) certification will not be pursued. They will strive to incorporate many aspects of several sustainability systems rather than focusing on one
individual system. Ms. White stated that this is also true for the Cabela's project. Commissioner POND referred to the applicant's request to amend the condition regarding the buffer
on the northeast comer of Lot 2.2. Ms. Blumenstein clarified that there is a 10-foot retaining wall, rather than a screening wall, along Clear Creek Drive. Buffering will depend upon
the user. She was comfortable with a requirement for enhanced buffering with the type to be decided upon at the time ofFDP. In response to a question from Commissioner POND, Ms. Blumenstein
stated they are requesting an amendment to the pattern book to include painted concrete as a primary material. In order to avoid the appearance of a tilt-up building, a textured paint
would be required. Mr. Kenton explained that concrete can be finished to resemble stucco and would not be perceived as textured paint. Commissioner BUCKNAM commented that he is in favor
of using recycled materials and asked if the use of Trespa panels was included in the pattern book. Ms. White explained that the pattern book allows for some variation if staff feels
it generally meets the intent of the pattern book. Mr. Johnstone responded that the specific building materials are being considered and may be approved during this specific ODP process.
Staff would not necessarily recommend amending the Pattern Book to add painted concrete as a permitted material. In response to a question from Commissioner BUCKNAM, Mr. Kenton stated
that maintaining painted concrete is actually easier than synthetic stucco. Painted concrete lasts longer over a period of time than stucco. CHAIR BUCKNAM opened the public hearing.
Kevin Smith 3230 Oak Street Planning Commission Minutes 5 April 7, 20 II
Mr. Smith read the following statement from the Committee of Concerned citizens of the City of Wheat Ridge in support for the meaningful incorporation of the Clear Creek Greenbelt into
Clear Creek Crossing: "Over 30 years ago Wheat Ridge was designated Tree City USA by ti,e Arbor Day Foundation. This designation is given to communities that strive to incorporate the
natural environment into their public spaces. Wheat Ridge has Iteld this designation every year since. The Clear Creek Greenbelt is one of the crown jewels of Wlteat Ridge's open space
system. On just about any day tltousands of pedestrians and cyclists travel up and down tlte multi use bike path some traveling many miles. Clear Creek Greenbelt is a sacred place to
those of us who worship the natural environment. Five years ago we first learned tltat Cabela's would build a 200,000 sqft corporate flagsltip, right Itere in our town. We dreamed of
a truly unique facility, next to our cherished Clear Creek Greenbelt, with a water feature for flSllermen to test their tackle and for boy and girl scouts to tryout a canoe, maybe for
the very first time. Many in ti,e audience have driven over 200 miles to visit the Cabela's store in Sydney Nebraska and have shared this dream of a flagsltip store. Ti,e economy took
a downward turn and economic concerns required Cabela 's to downsize its plan to 130,000 sq ft and to bring in a partner witlt deep pockets to sltare tlte site. When we learned that
Wal-Mart was to become the main ancltor tenant ti,e flagship seemed to Itave sailed away to be replaced by a big box floating upon a sea of aspltalt among acres of parked cars. Concerned
citizens visited the site and went to view tlte plans. Standing on our cherished greenbelt at tlte nortll side of tlte Cabela's site we looked to tlte soutlt. On tlte left is a depression
basin to catclt parking lot runoff and on tile rigltt a loading dock 2 football fields long soon to be littered witlt idling semi trucks and traslt dumpsters. It doesn't Itave to be
tltis way. Citizens wish to incorporate our clterislled greenbelt in a meaningful way. Tlte citizens of Jefferson County own the land wish to build a gateway for tltose who arrive via
tile greenbelt. One citizen's vision is to fold ti,e drainage basin into a water feature for testing a fly rod, and pllt it inside an open space park with acres of trees. Build a 20ft
tall retaining wall sloped witll a small forest of tress along tile north to screen tlte loading dock. Access Jeffco Open Space funds so Wlteat Ridge and Cabela's don't Itave to carry
tile burden alone. Screen away ti,e loading dock and above it put a balcony so tltat Cabela's customers on tlte secondfloor can watcll wildlife, gold panners andfishermen on Clear Creek,
and enjoy refreshments. Call it "Cabela's Park' if you like and nickname it 'Gateway to tlte Rocky Mountains'. We may no longer IIave aflagsltip store but we can still have a Rocky Mountain
Gateway Store. Planning Commission Minutes 6 April 7, 20 II
Travel soutll from IIere along tile eastern border of tile Cabela's part of tile project. Tile park can continue witll a bike patll separated from tile road by a tall noise barrier.
From IIere tile trail travels tllrougll more trees, landscaping witll benclles and bike racks. As you turn west to face Cabela's main entrance on your left will be a forested greenbelt
and on your rigllt Clear Creek and tile open space park. Cyclists can dismount and pedestrians and people in wlleelcllairs will never IIave to compete witll cars. Wltat a lovely Gateway
to Cabela's it could be. As tile patll continues soutlt tltere must be curb cuts, bike racks and cross walks so tltat cyclists call visit not only Cabela 's but also tlte mini allc/lOrs
witllout competillg witll cars or beillg blocked by curbs. Continuing soutlt alollg tlte trail toward Wal-mart you will see at least two trees for eacll car ill view. Features along
tI,e wltole stretcll sltould incorporate liglltillg, curb cuts, foulltains, trees, benclles, picnic tables, bike rack, and red bikes from tile bike sllare program. As you travel down
tlte patll to Wal-mart tllere must be more landscaping. Tllis part of tlte desigll calls for only 28% landscaping wilen otlter parts of tlte design required 30 to 40%. Wal-mart must
put ill more trees and more landscaping to support our Tree City USA designation. We demand tltat City Council require Wal-mart to double tltat 18% and provide 36% landscaping and plant
at least 2 trees for every parking space. TIley also can Itave tlleir own park. Tllis park will allow slloppers to spend more time sllopping, allowing a place to rest alld tlte cllildren
to play. 1t can serve as a monument to wltat a good corporate partner call do for a community. Tllere is excess parking tllrougltout tile development. We wisll to turn it into landscape
areas witll tllousands of trees to support our Tree City USA Designation. From tI,e IIigllway you will not see an ocean of aspltalt. You will see a modem sltopping center among aforest
of trees to grace our natural world. " Dan Lopp 10565 W. 32nd Avenue Mr. Lopp stated that he is a Cabela's customer. He walks the area behind the proposed Cabela' s store and is familiar
with the wildlife in the area. He would like to see this wildlife area incorporated into the design. He liked the idea of a connection from the trail to the development. Users of the
bike path should not have to look at the back side of Cabela' s. He suggested that community volunteers work with Cabela's to enhance the area behind the store. Roxanne Runkel 3415 Alkire
Way Ms. Runkel owns two acres of horse property directly behind the proposed WaiMart. She expressed concern about the security of her property related to the WaiMart location. She would
like to have a substantial buffer, more than fencing or landscaping, to keep people from entering her property from the south and east Planning Commission Minutes 7 April 7, 2011
sides of the development. She invited Commissioners to visit her property to visualize the impact from WaiMart. She entered into the record a publication from the National Park Service
regarding recommendations for reducing noise impacts. She also expressed concern about RV parking in the WalMart parking lot. Commissioner MATTHEWS stated his understanding that there
were fences on the south side of WaiMart. Mr. Armstrong stated the original ODP specifies screening requirements and those requirements have not changed. The wall adjacent to residential
on the west will remain. Scott Christopher 2660 Gray Street Mr. Christopher stated that he was very excited about all the positive impacts this development will have on the community.
He would like to see safe travel throughout the development including mass transit and bicycle access. Bike parking is very important. He would like to see alternatives to motor traffic
encouraged. In response to a question from Commissioner BUCKNAM regarding ratio of bicycle parking, Ms. Reckert stated that bicycle parking requirements are 5% of required parking for
buildings 15,000 square feet and under and 2% for buildings over 15,000 square feet. Commissioner BUCKNAM asked if there are any plans for RTD access to the development. Mr. Johnstone
stated that RTD has expressed a willingness to discuss routes that would service this area, but nothing has been finalized. Ms. White stated that Cabela's has also been working with
RTD in this regard. Ron Kiefel 3893 Field Drive Mr. Kiefel owns Wheat Ridge Cyclery and echoed comments made by Mr. Christopher. As a business owner, he was excited about increased sales
tax revenue to be generated by the project. He asked if there would be bike lanes along Cabela Drive. Mr. Paranto replied that there are no designated bike lanes on Cabela Drive or 40th
Avenue. A speed limit has not yet been designated for Cabela Drive. In conclusion, Mr. Kiefel stated that he would like to see bike lanes included on Cabela Drive. Susan Motika 3651
Miller Ct. Ms. Ms. Motika commented that the number of parking spaces allotted in the development points to the need for shared parking strategies. She expressed concern about future
tenants and did not want to see a proliferation of fast food Planning Commission Minutes 8 April 7, 2011
restaurants. While there is a need for increased tax revenue, she expressed concern about the selection of WalMart with their tradition of low wages and the lack of health insurance
benefits for employees. Molly Hanson Live Well Wheat Ridge Coordinator Ms. Hanson expressed support for features that support a multi -modal transportation system. She asked if there
would be space between the street and the 10-foot wide multi-use path. Ms. White replied that there will be a 6-foot landscaped zone between the path and the street. In working with
city staff, it was determined that the 10-foot width was adequate. Barbara Barry Applewood Valley Association Ms. Barry asked the Commission to appreciate the nature of the Applewood
community. She requested a correction on page 7 of the March 17 Planning Commission minutes to reflect that she disagreed with some of the staff report conclusions about the ODP but
did not disagree with the ODP itself. There were two missing elements from the ODP presented on March 17: (I) a current commitment to required offsite roadway improvements; and (2) an
approved traffic analysis showing how nearly double amount of developed floor space would be managed without causing new impact to the community. She appreciated that the first element
has been addressed. The second element cannot be resolved until there is an acceptable final traffic analysis. She expressed concern that the total traffic entering and leaving the development
will increase 36% over the amount predicted in the 2006 traffic analysis. This significant increase requires special attention to prevent impacts to the neighborhoods. She requested
enhanced communication. In response to a question from Ms. Barry, Mr. Kenton stated that WalMart auto service center is not included in the plan. It was moved by Commissioner OHM and
seconded by Commissioner POND to recess the meeting at 9:30 p.m. The motion carried 5-0. (The meeting was recessedfrom 9:33 p.m. 109:44 p.m.) In conclusion, Ms. White stated that many
issues discussed this evening were already addressed in the original ODP and some will not be dealt with until the time of Final Development Plan. She noted that the WalMart site meets
the standard of 18% landscaping that has already been approved. She stated that Cabela's does not want to wall off the trail but have a blending of vegetation to create a more natural
environment. In regard to parking, she commented that maximum parking requirements are not set forth in the city code or the ODP. However, the parking proposed for Cabela's and WalMart
is necessary for use at peak times. Planning Commission Minutes 9 April 7, 20 II
Angela Milewski BHADesign Ms. Milewski addressed the buffering on the north side ofCabela's adjacent to Clear Creek. She noted that the building will have four-sided architecture making
the north side of the building very attractive. The existing vegetation will remain along Clear Creek and also along the secondary drainage area. This is considered an amenity to the
project. A solid wall is not being proposed. Chris Fasching Felsburg, Holt & UUevig Mr. Fasching addressed the 32nd Avenue and Youngfield situation. The increased density will create
increased traffic. However, there will be an increase in capacity in both directions where 32nd Avenue passes under 1-70. There will be double left turns at 32nd and Youngfield. There
will be an added capacity arthis intersection of 40% while there is an anticipated increase of20-25% increase in traffic. There will also be four ways to enter and leave the site. Commissioner
POND expressed concern about landscaping around the water quality ponds. Ms. Milewski explained that she is working with city staff to develop an appropriate plan to provide a natural
setting for the area. A direct extension ofthe trail will connect to the east side of Cabela Drive. In response to a question from Commissioner BUCKNAM, Mr. Paranto stated that a COOT
right-of-way permit could include a requirement for landscaping. Chair BUCKNAM asked if others present wished to address the matter. Hearing no response, he closed the public hearing.
It was moved by Commissioner POND and seconded by Commissioner GUILDNER to recommend approval of Case No. WZ-ll-02, a request for approval of Planned Commercial Development (PCD) Specific
ODP on Lots 1.1, 2.1, 2.2, 2.3, 2.4, 3, 5.1, 5.2 and 5.3 within the Clear Creek Crossing Concept Outline Development Plan for the following reasons: 1. All requirements for a PCD Specific
Outline Development Plan have been met. 2. The proposed Specific ODP is consistent with the development regulations established in the Clear Creek Crossing Concept Outline Development
Plan Plan and Design Standards Pattern book. It was moved by Commissioner POND and seconded by Commissioner MATTHEWS to amend the motion to change Condition 1 to read as follows: On
tile Cabela's site (SIIeet 3) extensive IUlldscaping be designed and installed along tile rear of tile building witll a focus on screening views and activating tile space between tile
rear of tile building and tile greenbelt and users of tile Clear Creek Trail and Clear Creek Crossing. Planning Commission Minutes 10 April 7, 20 II
The motion carried 5-0. It was moved by Commissioner POND and seconded by Commissioner OHM to amend the motion to accept the following conditions: 2. Tlte access drive design from Cabela
Drive sltow lane striping and dimellsiolls to ensure proper functionality. 3. Tlte western entrance from Cabela Drive be properly designed to provide an attractive entrance. 4. Bike
parking areas be sltown on Slteets 3 and 5. 5. On Slteet 5, screening must occur on tlte soutlt side of tI,e building including illstal/ation of fencing alld landscapillg consistent
witlt tlte Pattern Book. 6. On Slteets 5 and 6, tlte public road be designated "Clear Creek Drive". The motion carried 5-0. . It was moved by Commissioner POND and seconded by Commissioner
OHM to amend the motion to change condition no. 7 to read as follows: Regarding tlte nortlteast corner of Lot 2.2, tlte applicallt commits to a buffer area greater in scope tItan indicated
on tlte ODP to be finalized in tlte FDP. The motion carried 5-0. It was moved by Commissioner Commissioner POND and seconded by Commissioner OHM to change condition no. 8 to read as
follows: On Sheet 9, tlte use of painted concrete 011 building facades be cltanged to textured paint on concrete. Commissioner MATTHEWS stated he would not support the motion because
painted concrete is not in compliance with the design pattern book. Commissioner BUCKNAM stated he would support the motion because he could understand the architect's argument for a
more permanent structure and the challenges of matching color with stucco. The motion carried 4-1 with Commissioner MATTHEWS voting no. It was moved by Commissioner POND and seconded
by Commissioner OHM to accept the following conditions: 9. On tlte elevatioll desiglls on Slteets 7, 8, 9 and 10, an analysis be incorporated demonstrating compliance witlt requirements
for building articulation, unifying elemellts used, transparency alld breakdown of arcltitectural materials. Any deviation from tltese requirements must be justified. 10. On Sheets 5-10,
tI,e documellt title be revised to designate approval of Lot 1.1, not Lot 1. The motion carried 5-0. Planning Commission Minutes II April 7, 2011
The fully amended motion carried by a vote of 5-0. Chair BUCKNAM thanked members of the public who came to observe and to voice their opinions as well as time spent by the applicant
and staff on the case. C. Case No. WS-ll-Ol: An application filed by Cabela's Retail Inc., Coors Brewing Co. and Jefferson County for a major subdivision plat on property zoned Planned
Commercial Development (pC D) and located at 4000 Cabela Drive and 4105 Youngfield Service Road. This case was presented by Meredith Reckert. She entered all pertinent documents into
the record and advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. Staff recommended approval because the proposed
subdivision meets all requirements of Article IV of the zoning and development code and will accommodate the new development scenario for the property. The plat contains 15 lots, an
increase of 5 lots over the previous subdivision plat. Lori Baker Land Use Counsel, Cabela's Ms. Baker requested a recommendation of approval of the Clear Creek Crossing Subdivision
Plat which is an amendment to the previously approved subdivision plat for Cabela's that was approved in 2006. The plat reflects the addition of approximately 33 acres. There are now
15 lots and 4 tracts. There is also a slight realignment ofW. 40th Avenue, Cabela Drive and the new addition of Clear Creek Drive. John Moore Martin & Martin Engineering (civil engineer
for applicant) 13950 W. 32nd Avenue, Golden Mr. Moore presented an overview of the final plat for Clear Creek Crossing Subdivision Filing No. I which consists of approximately 210 acres.
He reviewed vacations and drainage easements as well as dedications and revised lot configurations. Ms. Baker stated that the applicant is in agreement with the conditions suggested
by staff as weIl as the staff's conclusion that the plat complies with all requirements of the city's subdivision regulations and the concept ODP and the Specific ODP. Chair BUCKNAM
opened the public hearing and asked to hear from members of the public. Hearing no response, he closed the public hearing. It was moved by Commissioner MATTHEWS and seconded by Commissioner
POND to recommend approval of Case No. WS-ll-OI, a request for approval of a fifteen-lot subdivision plat on property located at Planning Commission Minutes 12 April 7, 20 II
4000 Cabela Drive and 4105 Youngfield Service Road, for the following reasons: 1. All requirements of Article IV of the zoning and development code bave been met. 2. It will accommodate
the new development scenario for the property. Witb the following conditions: 1. A note identifying the use of Tracts B, C and D must be added. 2. Tbe easement note on sbeet 1 be modified
to indicate that 10-foot easements must be dedicated around the perimeter of lots, tracts, parcels and/or open space areas. 3. Public Works' comments be addressed prior to the City Council
public hearing. The motion carried 5-0. D. Case No. ZOA-ll-03: An ordinance amending Chapter 26 concerning nonconforming structures in the Floodway District. Tim Paranto reviewed the
staff report for this case. The current ordinance prohibits buildings within the floodway. This means that a building permit cannot be issued to rebuild any structure existing in this
area that is destroyed or in need of major reconstruction. There are approximately 80 properties that were in existence before the ordinance was created. He showed maps of the affected
areas within the city. The subject ordinance establishes standards for the maintenance of existing nonconforming structures for human occupancy within the city's established floodway
district. Mr. Dahl explained that the present ordinance does not allow structures for human habitation within the floodway. The proposed ordinance will allow homes in existence as of
February 26, 2001 to remain subject to certain requirements if they require reconstruction after damage. There was discussion among Commission and staff to clarify certain portions of
the ordinance. It was moved by Commissioner MATTHEWS and seconded by Commissioner OHM to recommend approval of the proposed ordinance amending Article VIII of Chapter 26 of the Wheat
Ridge Code of Laws concerning nonconforming structures in the Floodway District. The motion carried 5-0. Planning Commission Minutes 13 April 7, 20 II
8. OTHER ITEMS Chair BUCKNAM welcomed Tracy Guildner, representing District IV, to the Planning Commission. 9. ADJOURNMENT It was moved by Commissioner POND and seconded by Commissioner
MATTHEWS to adjourn the meeting at 11:00 p.m. The motion carried 5-0. Alan Bucknam, Chair Ann Lazzeri, Secretary Planning Commission Minutes 14 April 7, 20 II
, . , .' _ • City of ? WheatR.:!9ge ITEMNO:~ DATE: April 25, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 14-2011 -AN ORDINANCE ADOPTING A NEW CODE SECTION 1-11 CONCERNING
COUNCIL DISTRICT BOUNDARIES, AND IN CONNECTION THEREWITH, APPROVING AN AMENDED COUNCIL DISTRICT MAP PURSUANT TO CHARTER SECTION 4.2 ~ PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL:
City Clerk ISSUE: D ORDINANCES FOR I ST READING (4111/2011) ~ ORDINANCES FOR 2ND READING (4/25/2011) D YES Section 4.2 of the City Charter of the City of Wheat Ridge mandates that redistricting
changes must be made by the City Council no less than six months prior to the general municipal election every four years following the election of 1979 in order to maintain compliance
with its Council District apportionment requirements. The deadline for redistricting in this four-year interval is May 1,2011. A threshold of no greater than 10% deviation between municipal
districts is required to meet the constitutional standards, as set by the U.S. Supreme Court. The current 2010 U.S. Census figures indicate a deviation greater than 10% does currently
exist between the smallest population in District 2 and the greatest population in District 4 of the City of Wheat Ridge. To remain compliant with constitutional and Charter apportionment
standards for Council Districts, therefore, current boundaries require revision by May 1,2011. In addition, areas of real property recently annexed into the City require formal incorporation
into Council district maps. A Redistricting Plan, included in this packet item, provides details of the methods and considerations used to reach a recommended redistricting action.
Council Action Form April 25, 2011 Page 2 PRIOR ACTION: The City Council reviewed the current district population figures and redistricting options at the Study Sessions of March 21
sl and March 281h, 2011. An Ordinance approving a proposed 20 II Council District Map was approved on first reading on April II, 20 II. FINANCIAL IMPACT: None BACKGROUND: The City is
presently divided into four Council districts, each district represented by two Council members. These four districts have remained the same since 1978, the last date the Council district
map was altered. Since that date, the City has seen shifts in population density, new development and redevelopment. Also, significant additional real property has been added to the
City by annexation. RECOMMENDATIONS: Staff recommends approval of the Ordinance. RECOMMENDED MOTION: "I move to approve Council Bill No. 14-20 II (Ordinance 1488) adopting a new Code
Section III concerning Council District boundaries, and in connection therewith, approving an amended Council District Map pursuant to Charter Section 4.2., on second reading, and that
the Ordinance take effect immediately upon approval." Or, "I move to approve Council Bill No. 14-2011 (Ordinance 1488), with the following changes: " REPORT PREP ARED/REVIEWED BY: Michael
Snow, City Clerk A TT ACHMENTS:
1. Council Bill No. 14-20 II, including Exhibit A: 2011 Council District Map 2. 20 II Redistricting Plan 3. Current 2010 Census District Population Map
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER LANGWORTHY Council Bill No. 14 Ordinance No. "-:-: __ _ Series of 2011 TITLE: AN ORDINANCE ADOPTING A NEW CODE SECTION 1-11
CONCERNING COUNCIL DISTRICT BOUNDARIES, AND IN CONNECTION THEREWITH, APPROVING AN AMENDED COUNCIL DISTRICT MAP PURSUANT TO CHARTER SECTION 4.2 WHEREAS, as a home rule city, the City
of Wheat Ridge governs the election of its City Council as an exclusively local matter under Article XX of the Colorado Constitution; and WHEREAS, for purposes of representation on the
City Council, the City is presently divided into four (4) Council districts, each district represented by two (2) Council members; and WHEREAS, the four Council districts are also used
as the basis for appointment of board and commission members; and WHEREAS, the City Council is charged with the authority and responsibility pursuant to Section 42 of the Home Rule Charter,
to establish and amend, from time to time, the boundaries of Council districts in order to ensure ensure that the districts are contiguous, compact, and approximately equal in population,
such that each reapportionment shall be complete six (6) months prior to the next ensuing general municipal election; and WHEREAS, the present boundaries of the four Council districts
have not been altered since 1978; and WHEREAS, since that date, significant additional real property has been added to the City by annexation; and WHEREAS, new development, shifts in
development, and redevelopment throughout the City has resulted in shifts in population density among the present Council districts, such as to render them less equal in population and
less compact in area; and WHEREAS, the City Council has caused to be prepared a study documenting the present population of the City within the present four Council districts; and WHEREAS,
using the population data study and GIS data mapping techniques, the City Council has caused to be prepared a new Council district map, which adjusts Attachment 1
the boundaries of the four Council districts to account for additions in property to the City and shifts in population density since 1978; and WHEREAS, the City Council wishes to adopt
a new district map for Council districts within the City pursuant to Charter Section 4.2, and to make conforming changes to the Wheat Ridge Code of Laws to implement the same. NOW THEREFORE,
BE IT ORDAINED the City Council of the City of Wheat Ridge, Colorado as follows: Section 1. Chapter 1 of the Wheat Ridge Code of Laws is amended by the adoption of a new section 1-11,
entitled "Council District Map," to read as follows: Sec. 1-11. Council district map. (a) Pursuant to Section 4.2 of the Charter, the council shall adopt and regularly amend a map dividing
the city into four (4) districts for the purpose of election of council members, such districts to be contiguous, compact and approximately equal in population. The map shall be adopted
by the council by ordinance and a true and correct copy thereof maintained in the office of the city clerk. (b) Simultaneously (except as prohibited by Section 4.2) with the annexation
of real property by the city, the city council shall by ordinance amend the council district map to incorporate the annexed area into one or more council districts, and to make such
other adjustments to the council district map as required to comply with Section 4.2 of the Charter. (c) Any board or commission member in office and representing a council district
at the time of an amendment to the council district map, the effect of which places such member in a different council district than that from which the member was originally appointed,
shall nevertheless remain a legally appointed member until his or her then-current term of office expires. Section 2. Council district map adopted. Pursuant to the authority vested in
it by Charter Section 4.2, the city council hereby adopts the map attached hereto as Exhibit A and fully incorporated herein, entitled: "2011 Council District Map," as the official map
of the the four (4) council districts within the City, and directs that a copy of the same be kept on permanent file with the office of the city clerk. Section 3. 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 2
not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance
shall take effect immediately upon adoption, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 11th day of April,
2011, 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 April 25, 2011 at 7:00
p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2011. SIGNED
by the Mayor on this __ day of _____ , 2011 . ATTEST: Michael Snow, City Clerk First Publication: April 14, 2011 Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio,
Mayor Approved as to Form Gerald E. Dahl, City Attorney 3
Exhibit A 2011 Council District Map [Attached) 4
, J ". ~ Legend C.:J City Limits ~fi : Del.lil "'" DDi. triet l o Diltriet ll o Diltriet lll D Distriet IV r i=~ • '. City of y/".FUJh t&9ge .P'omcE"'O; ;.;~ CUIU. Pr~ b¥ MleMeI Snow.
CIty CIer1l 7500 'INett 2SIlh Ava'lU8 'MM. RIcIge. CO acJ03l-«>01 303.234 5800 IV IIIII In ~ Z ~ ~ 44TH AVE 33TH AVE 26TH AVE 2011 Council District Map Adopted April 25,2011 II r'//'
" ~ • d, •" z il 1/" ,I-.I/o '~" ," ,I' ," ,I' ,. /~ . ,/,~ ,/I I ~ •• • 0 N A -J! • ~ '''' ''''' -~ f>I'in!K 1)312712010 Exhibit A
", .... *' City or '~WheatBLdge ~OFFICE OF THE OlY CLERK Background 2011 REDISTRICTING PLAN City of Wheat Ridge April, 2011 1. Section 4.2 of the City Charter of the City of Wheat Ridge
mandates that redistricting changes must be made by the City Council no less than six (6) months prior to the general municipal election every four years following the election of 1979
in order to maintain compliance with its Council District apportionment requirements. The deadline for redistricting in this four-year interval is May I, 20 II. 2. District boundaries
have remained unchanged in the City of Wheat Ridge since the initial redistricting completed upon the City's establishment of the Home Rule Charter in 1978. 3. Council Districts must
be "contiguous and compact". The City Charter requires that municipal districts in the City of Wheat Ridge be "contiguous and compact" . 4. Council Districts must be "approximately equal
in population". Local election districts shall adhere to the concept of "one person, one vote" as as prescribed in the Equal Protection Clause of the U.S. Constitution. Thus, districts
specified by local power must insure that those qualified to vote have the right to an equally effective voice in the election process. As such, the Council Districts in the City of
Wheat Ridge are apportioned by total population determined by U.S. Census, rather than by registered voting population. 5. The criteria for district population reapportionment is based
on a U.S. Supreme Court ruling in the matter of White v. Regester, 412 US 755 (1973) specifying that the maximum population deviation between districts cannot be greater than 10%. This
figure is calculated by dividing the difference in populations of the district with the fewest number of people and the district with the greatest number of people by the population
of the district with the greatest number of people. This figure must not in any case be greater than. I or 10%. Alternately, a ratio of the population of the smallest district to that
of the largest district must not be less than .9 or 90%. 6. The 2010 U.S. Census population figures indicate significant population changes since the creation of the Council Districts
in 1978 have resulted in population deviations that do not comply with constitutional apportionment standards. The following table shows the current population in each district according
to the recent 2010 Census figures. Also shown is the difference in population in each district from the mean district size (7,529) and the percent of difference of each from that mean.
Attachment 2
Dist 1 Dist2 Dist 3 Dist 4 Total Proposed Pop. 7607 6980 7627 7902 30116 Difference from Mean 78 -549 98 373 Percent from Mean 1.0% -7.3% 1.3% 5.0% The Total Deviation in population
size from the city's smallest to largest district is currently 11.7%. 7. The City of Wheat Ridge has completed numerous recent annexations ofland into City boundaries. These areas have
not been incorporated into existing district boundaries, however, and should be done so formally upon a City Council redistricting action. Considerations 8. Census Block population data
has been used to compute the current populations and to advise recommendations for changes. Where City or District boundaries do not coincide with Census Block boundaries, a combination
of proportional area and of developed residential densities were used to estimate the total population in each segmented area. 9. In order to make new District boundaries contiguous
and compact, major streets, rivers, physical boundaries, and distinct neighborhood borders were used whenever possible for new district boundaries. It is also desirable to keep district
boundaries consistent with natural or man-made geographical boundaries. For instance, opposite sides of a residential street in different districts is confusing to residents of the area
and is therefore avoided in drawing district boundaries. 10. A redistricting plan that causes impact to the fewest number of residents as possible is desirable. This proposed redistricting
affects only 1% of the total population of the City of Wheat Ridge. The ideal goal in district apportionment is to achieve equal populations in each. This is not realistic, however,
as it would be necessary to draw boundary lines that are confusing for residents and city officials. It is beneficial, then to move blocks of populations that are bound by common streets,
neighborhoods or physical boundaries. This may limit how closely equal populations may be achieved but benefits the community by having well-understood boundary lines. II . In any redistricting,
there is the potential of negatively affecting City Councilor Board and Commission members who are seated to represent their current district. The proposed redistricting does not affect
any current City Council Members. However, there is one current Board and Commission member who currently resides in the area proposed for changes:
The proposed Ordinance makes accommodations that would permit existing Board & Commission members to fulfill their current terms representing their original district. After completion
of their term, they would only be eligible to represent their new district. 12. There are currently no guidelines in the City Code or Home Rule Charter to address the necessary redistricting
changes needed upon annexation of new territory into the City. The proposed Ordinance addresses this through the addition of language requiring that District maps be amended simultaneously
upon annexation to formally include them in these election boundaries. Recommendations I. District 4 currently has 5.0% greater than average population, while District 2 has 7.3% fewer.
It is recommended to move an appropriate amount of District 4 population into District 2 to achieve the smallest deviation from smallest to largest city district while maintaining the
clearest boundaries with respect to physical boundaries and neighborhood borders. II. The proposed redistricting plan would achieve a 4.5% city-wide deviation while keeping no single
District with a population greater than 3.3% difference from the mean. The following table displays the resulting District population figures from this proposed change: Dist 1 Dist2
Dist3 Dist4 Total Proposed Pop. 7607 7283 7627 7599 30116 Difference from Mean 78 -246 98 70 Percent from Mean 1.0% -3.3% 1.3% 0.9% Total Deviation 4.5% III. A communication plan is
recommended to notify residents of the effected area of the City where district boundaries are being moved. The City Clerk will deliver a letter of notification to these residents explaining
the proposed boundary changes and will include existing and proposed district maps. In addition, the proposed Ordinance will be published per the customary standards for public notice.
Report prepared by: Michael Snow, City Clerk City of Wheat Ridge
f-(f) « z ~ Cl Z Legend _II .... f-(f) W (!) Cl ii Cl .J W .,. _1I ..r i City Limits D Census Block D 1-7,607 D 11 -6,980 D 111-7,627 D IV-7,902 f-(f) w cr:: ;2 .J « .' _ City of • ~~~~&--dge
Prepared by Michael Snow, City Clerk 7500 West 29th Avenue Wheat Ridge, CO 80033-8001 303.234.5900 t;; W o Z W GRANDVIEW AVE 44TH AV>-_ ;2 372 537 m W 491 596 26TH AVE City of Wheat
Ridge Current 2010 Census District Popu lation t;; cr:: cr:: « o 52NDAV cr:: cr:: « 0 f-(f) z o (f) :::; .J « 460 32NDAVE Population By: Census Block Population Proportional Populations
f-(f) 59 825 56TH AVE Attachment 3 N A o 750 1,500 3,000 4,500 Feet -------~ § 'c" <!J' Z ~I o " ~" ~ w o L-___________________________________________________________________________________________
__________________________________________________________________________ "'o" ~ ~ Printed: 03/21/2010
" . • ' , r City of • ? WheatRL-dge lTEMNO:~ DATE: April 25, 20 II REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 11-2011 AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS
CONCERNING NONCONFORMING STRUCTURES IN THE FLOODWA Y DISTRICT ~ PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS ?ruoICIA~ ISSUE: o ORDINANCES FOR I ST READING (03/14/20 II) ~ ORDINANCES
FOR 2ND READING (04/25/2011) o YES This ordinance establishes standards for the maintenance of existing nonconforming structures for human occupancy within the City's established floodway
district. PRIOR ACTION: The Council previously discussed this issue at the December 13, 2010 City Council Meeting and directed that an ordinance be prepared. After fust reading, the
City Attorney and Public Works Director met with Councilmember Berry to address her concerns. The result of that meeting was a shorter version of the ordinance (attached), which was
reviewed and recommended for approval by the Planning Commission on April 7, 2011. FINANCIAL IMPACT: There There will be no financial impact to the City from this ordinance. BACKGROUND:
Section 26-805 of the Code governs uses in the City's floodway district, which is characterized by hazardous and significant depths and velocities in the event of a 1 OO-year flood event.
Uses currently permitted in the floodway district are very limited. For example, structures for human habitation are not currently listed as a permitted use. However, when the current
floodway district ordinance was adopted in 2001, approximately 80 structures for human occupancy
Council Action Form April 25, 20 II Page 2 (mainly residences) were in existence in the floodway district and concurrently became nonconforming uses within the floodway district. As
nonconforming uses, these residences are subject to Sec. 26-807, which allows improvement to a nonconforming structure so long as the use is changed to a conforming use. As a result,
Sec. 26-807 operates as a bar to property owners improving their residences in the floodway district, because "structures for human occupancy" are not listed as a conforming use in Section
26-805. Ultimately, at such time as a property owner stops using or needs to improve his or her property, that property owner is effectively prohibited from using the structure. One
of the stated goals of Chapter 26, Article VIII of the Code is to protect public health, safety and welfare, not to deprive property owners of the use of their property. In order to
balance these competing interests, the ordinance allows certain structures for human occupancy (which were present as of February 2001 , the date of adoption of the present floodway
district regulations) to remain and be improved, so long as they comply with the stated safety requirements contained in the remainder of Article VIII, which would otherwise be unavailable
but for this ordinance. In addition to the considerations explained above, the City Attorney's office consulted with FEMA regarding the adoption of this ordinance and any safety concerns
it might raise for FEMA. Because the improvements being allowed are only on existing structures and such improvements are required to comply with the standards for Class IT Special Exception
Permits, FEMA did not ,have substantive comments on the effect of the ordinance. RECOMMENDATIONS: Adopt the ordinance on second reading. RECOMMENDED MOTION: "I move to Approve Council
Bill No. 11-2011, an ordinance amending the Wheat Ridge Code of Laws concerning nonconforming structures in the floodway district on second reading and that it take effect fifteen days
following following final publication." Or, "I move to postpone indefinitely Council Bill No. 11-2011, an ordinance amending the Wheat Ridge Code of Laws concerning nonconforming structures
in the floodway district for the following reason(s) " REPORT PREPARED/REVIEWED BY: Gerald E. Dahl, City Attorney Tim Paranto, Director of Public Works ATTACHMENTS: 1. Council Bill No.
11-2011 2. Memorandum from City Attorney
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER JAY Council Bill No. 11 Ordinance No. -:-:-,----__ Series 2011 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING
NONCONFORMING STRUCTURES IN THE FLOODWAY DISTRICT WHEREAS, the City of Wheat Ridge, acting through its City Council, has previously adopted Article VIII of Chapter 26 of the Wheat Ridge
Code of Laws (the "Code") entitled "Floodplain Control;" and WHEREAS, Section 26-805.C of the Code prohibits structures within the "Floodway District" defined by Code Section 26-802
and as described in Code Sections 26-804 and 26-806; and WHEREAS, there currently exist numerous structures for human occupancy within the Floodway District which are legal nonconforming
uses, but which, as a consequence of Code Section 26-805.C.1 , could not be rebuilt if destroyed; and WHEREAS, the Council wishes to allow such structures to be rebuilt or repaired,
as permitted special exception uses subject to reasonable requirements to ensure safety of human occupants. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO: Section 1. Section 26-805 of the Wheat Ridge Code of Laws is amended by the addition of a new subsection C and renumbering current subsection C as 0, to read as follows: 26-805.
Floodway District. A. B .... C. SPECIAL EXCEPTIONS. THE FOLLOWING USES ARE PERMITTED IN THE FLOODWAY DISTRICT SUBJECT TO SPECIAL REQUIREMENTS AS NOTED: 1. STRUCTURES FOR HUMAN OCCUPANCY
WHICH WERE IN EXISTENCE AS OF FEBRUARY 26, 2001 , SUBJECT TO SECTION 26-807 (NONCONFORMING USES) AND THE REQUIREMENTS OF SECTION 26-806.0, E and F, PROVIDED, REVISED ORDINANCE Attachment
1
HOWEVER, THAT A SPECIAL EXCEPTION PERMIT SHALL NOT BE REQUIRED. D. Prohibited Uses . ... Section 2. Section 26-807 of the Wheat Ridge Code of Laws is amended to read as follows: Sec.
26-807. Non-conforming uses AND STRUCTURES. The existing lawful use of a structure or premises which is not in conformity with the provisions of these regulations may be continued subject
to the following conditions: A. No such use shall be expandea or enlargea THE NONCONFORMITY except in GOAforrnity COMPLIANCE with the provisions of these regulations. B. No substantial
improvement to any nonconforming structure over the life of the structure shall be allowed unless the nonconforming \ffie STRUCTURE is permanently changed to a conforming \ffieSTRUCTURE.
C. If such use is discontinued for TWO (2) twelve (12) consecutive YEARSrnoAtns, any future use of the building and premises shall conform to these regulations. D. Uses or adjuncts thereof
which are nuisances shall not be permitted to continue as nonconforming uses. E. Any alteration, addition or repair to any nonconforming structure permitted pursuant to subsection B.,
above, shall be protected by flood proofing measures pursuant to section 26-808C.4.a. Section 3. 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 4. 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 6 to 0 on this 14th day of March, 2011, ordered published in full
in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final -2-
passage set for March 28, 2011 and continued until April 25, 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED
on second and final reading by a vote of to , this day of , 2011 . SIGNED by the Mayor on this __ day of _____ , 2011 . Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved
as to Form Gerald E. Dahl, City Attorney First Publication: March 17, 2011 ; March 31, 2011 Second Publication: Wheat Ridge Transcript Effective Date: -3-
TO: FROM: DATE: RE: MURRAY DA5-4L KUIii:GHIiii:NMIILI~TER RENAUD LLP Mayor and Council MEMORANDUM Gerald E. Dahl, City Attorney February 15, 2011 Ordinance amending Floodway District
At the Council study session on this item, Councilwoman Berry raised the question of the potential effect of this ordinance on flood insurance rates. The City Attorney's office contacted
FEMA for consultation on this matter, and reports as follows: Impact on individual insurance rates: The local Federal Hazards Specialist for FEMA indicated that nothing about the ordinance
itself would make individual homeowners' insurance rates increase. When a person attempts to substantially improve their residence under the revised Code section, that person's insurance
rates might actually decrease if they are required to comply with all of the flood proofing measures (such as raising the first floor to l' above base flood elevation); because, in the
end, the home will be safer than it was before. However, in making such improvements, the owner will likely incur expenses in order to ensure the home is compliant with the Code. Further,
if for some reason a homeowner has not previously obtained flood insurance, they will likely be required to do so at the time of improving their property. Impact on City's rating: The
City is part of the National Flood Insurance Plan Community Rating System ("CRS"). Currently, the City has been very proactive in protection of its floodplain and has received a very
good rating. Flood insurance policies purchased within the floodplain are at a 15% discount, and flood insurance policies purchased outside of the floodplain are given a 5% discount
as a result of the City's rating. The City's flood insurance program is not at risk with this ordinance. Attachment 2
·. , .' _ • City of p WheatRL.dge ITEMNO:~ DATE: April 25, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 15-2011 AN ORDINANCE TEMPORARILY WAIVING THE CITY'S TWO-CENT SALES
TAX WITHIN THE BOUNDARIES OF THE LONGS PEAK METROPOLITAN DISTRICT ~ PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS QUASI-JUDICIAL: City Attorney ISSUE: o ORDINANCES FOR I ST READING 04/11120
II ~ ORDINANCES FOR 2ND READING 04/25/2011 o YES ~ NO Ordinance temporarily waiving two cents of the City's retail sales tax within the boundaries of the Longs Peak Metropolitan District.
PRIOR ACTION: None FINANCIAL IMPACT: The waiver of a portion of the City sales tax is intended to be temporary only and not a change in the City's tax policy. The waiver only affects
sales within the Longs Peak Metropolitan District. The waiver will not affect current revenues, as there are presently no retail uses within the boundaries of the District.
Council Action Form April 25, 20 I I Page 2 BACKGROUND: The Longs Peak Metropolitan District is obligated, by the terms of an Intergovernmental Agreement with the City, to construct
certain public improvements for the Cabela's development, which improvements will be of benefit to residents of and visitors to the City. In order to fund construction of the public
improvements, the District has agreed to impose certain public improvement fees (of2 cents and 0.6 cents) on transactions which are also subject to sales taxation by the City. As an
inducement to the imposition by the District of the public improvement fees and construction of the improvements, this ordinance will temporarily waive two cents ($0.02) of the City
sales tax on taxable retail sales transactions within the boundaries of the District. RECOMMENDATION: Adopt the Ordinance on second reading. RECOMMENDED MOTION: "\ move to continue the
hearing on Council Bill No. \5-2011, Series 2011 , an ordinance temporarily waiving two cents of the City's sales tax within the boundaries of the Longs Peak Metropolitan District until
May 9, 20 II at 7 p.m. in City Council Chambers." Or: I move to table indefinitely Council Bill No. \5-201\ , an ordinance temporarily waiving two cents of the City's sales tax within
the boundaries of the Longs Peak Metropolitan District for the following reasons " REPORT PREPARED BY: Gerald Dahl, City Attorney ATTACHMENTS: 1. Ordinance No. 15-20 II
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES Council Bill No. 15 Ordinance No. -::-:-,--__ Series 2011 TITLE: AN ORDINANCE TEMPORARILY WAIVING TWO CENTS OF THE CITY'S
SALES TAX WITHIN THE BOUNDARIES OF THE LONGS PEAK METROPOLITAN DISTRICT WHEREAS, the City of Wheat Ridge currently imposes a sales tax of three percent (3.0%) or three cents ($0.03)
on every $1 .00 of all taxable retail sales within the City pursuant to Article I of Chapter 22 of the Wheat Ridge Code of Laws; and WHEREAS, the City, acting by its City Council, has,
prior to the effective date of this Ordinance, approved an "Amended and Restated Intergovernmental Agreement Between the City of Wheat Ridge, Colorado and the Longs Peak Metropolitan
District," (the "Intergovernmental Agreement"), which Agreement provides, among other things, for the issuance by the District of bonds for the purpose of raising funds to construct
certain public improvements within the boundaries of the District; and WHEREAS, all the real property within the District is also located within the boundaries of the City; and WHEREAS,
the Longs Peak Metropolitan District is obligated by the terms of the Intergovernmental Agreement to construct the public improvements, which improvements will be of benefit to residents
of and visitors to the City; and WHEREAS, the Intergovernmental Agreement provides for payment of debt service on the bonds with two separate public improvement fees of two cents ($.02)
("Credit PIF") and six-tenths of one cent ($0.006)("Add-on PIF") respectively, imposed by private covenant on retail sale transactions within the boundaries of the District, which transactions
are also subject to sales taxation by the City; and WHEREAS, as an inducement to the imposition by the District of the public improvement fees, the City has or will agree in the Intergovernmental
Agreement to temporarily waive two cents ($0.02) of its sales tax on every $1 .00 of taxable retail sales transactions within the boundaries of the District; and WHEREAS, temporary waiver
by the City of this portion of its imposed sales tax will facilitate construction of the needed public improvements and be of great benefit to the City, its residents and visitors; and
WHEREAS, the waiver of this portion of the City sales tax is intended to be temporary only and not a change in the City's tax policy within the meaning of applicable law.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WHEAT RIDGE, COLORADO: Section 1. Recitals incorporated. The foregoing recitals are fully incorporated herein by this reference. Section 2. Temporary waiver of sales tax rate.
Two cents ($0.02) of the current three cents ($.03) sales tax imposed by Section 22-56 of the Wheat Ridge Code of Laws, as such section may be renumbered or re-codified from time to
time, is hereby temporarily waived with respect to taxable retail sales transactions taking place within the boundaries of the Longs Peak Metropolitan District, as those boundaries may
be adjusted from time to time. This temporary waiver of two cents ($0.02) shall not limit the City's right to change its citywide sales tax rate, provided that the waiver granted hereby
shall remain at two cents ($0.02) within the boundaries of the District until such waiver is terminated pursuant to the terms hereof. This temporary waiver shall commence on the first
day of the month prior to the date of issuance of any bonds issued by the Longs Peak Metropolitan District (the "First Bonds") and shall expire on the earlier to occur of: i. payment
of all principal and interest on the First Bonds, or II. twenty five (25) years from the date of the original issuance of the Bonds, or iii. on the date that, for whatever reason, the
"Credit PIF" public improvement fee of $0.02 provided for in Section 8 of the Intergovernmental Agreement ceases to be collected within the District. The term of the temporary waiver
of sales tax established hereby is absolute and shall not be extended for any reason, including without limitation extension of the term of any bonds issued by the District, whether
by refunding or otherwise, or by default in the payment of principal or interest on any of said bonds. Upon termination of the temporary waiver hereby granted, retailers within the boundaries
of the District shall collect and remit to the City the full amount of the City sales tax then in effect, in accordance with state and local law. Section 3. Effective date. This ordinance
shall be effective upon adoption on second reading, as permitted by Section 5.11 of the Charter, provided, however, that should the District fail, for any reason, to issue the First
Bonds on or before December 31, 2011 , this ordinance and the temporary sales tax waiver granted hereby shall be null and void. INTRODUCED, READ, AND ADOPTED on first reading by a vote
of 5 to 0 on this 11th day of April, 2011 , 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 April 25, 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. -2-
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _, this day of , 2011 . SIGNED by the Mayor on this __ day of _ _ ___ , 2011 . ATTEST: Michael Snow,
City Clerk First Publication: April 14, 2011 Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald E. Dahl, City Attorney -3-
", .' • • City of. p WheatRL.-dge ITEMNO: ~ DATE: April 25, 20 II REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 16-2011 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 1, OF THE WHEAT
RIDGE CODE OF LAWS AUTHORIZING THE CITY TO CONTRACT FOR COLLECTION OF OUTSTANDING DEBTS DUE TO THE CITY o PUBLIC HEARING o BIDSIMOTIONS o RESOLUTIONS ~ ORDINANCES FOR I ST READING (04/25/20
II) o ORDINANCES FOR 2ND READING (05/09/2011) QUASI·JUDICIAL: 0 YES ~~~~ Presiding Municipal Judge ISSUE: There are outstanding fines, fees, and restitution due to the Municipal Court
not successfully collected by the multiple methods currently authorized andlor utilized by the Municipal Court. The utilization of a private collection agency would add an additional
tool to assist with the collection of these outstanding fmes, fees, and restitution. The authority for the State Court to utilize a private collection agency to collect outstanding debt
is found in State Statute C.R.S. 16-11-101.6(3) Collection of fines and feesmethods--charges. It states in part: "To collect on past due orders of fines or fees, the State may employ
any method available to collect state receivables, including assigning such accounts to private counselor private collection agencies under section 24-30-202.4(2),C.R.S. Any fees or
costs of the private counselor collection agency shall also be added to the amount due, but such fees and costs shall not exceed twenty-five percent of the amount collectecf'. The proposed
City of Wheat Ridge Ordinance 2-8 Collection of Outstanding Debt would provide local authority to utilize a private collection agency to collect "outstanding and unpaid fmes, costs,
charges, restitution or other amounts owed to the City by any person" . V:\Forms\CAFtemplate
Council Action Fonn-Collection of Debts April 25, 20 II Page 2 PRIOR ACTION: As part of the strategic planning process conducted in April, 20 I 0, the use of a private collection agency
was suggested as a means to collect outstanding fines, costs, and restitution. This program was identified as an objective under Goal I: City Council's Financially Sound City Providing
Quality Services and reflected as "Collection Program for Municipal Court." FINANCIAL IMP ACT: The cost of collection of the debt will be borne by the Defendant in the fonn of added
collection fees up to twenty-five percent. Currently, there are approximately eighty-five (85) cases with an estimated $65,000 in outstanding fines, fees, and restitution in active.
warrant status In order to select a private collection agency, a request for proposal (RFP) process would be conducted pursuant to purchasing rules and guidelines under the direction
of the Purchasing Division. There would be a cost to the City in this process consisting of staff hours to conduct the RFP process through conclusion. For efficiency and cost effectiveness,
the Municipal Court plans to share information electronically versus paper form with the collection agency selected in the RFP process. There would be a cost to the City in the form
of computer reports prepared by American Data Group (ADG) as part of the Court Management Software Program. The estimated cost of this phase of the project is approximately $5,000. BACKGROUND:
The Municipal Court encourages timely payment of all fmes, fees, and restitution imposed by the Court. An early payment option is offered in traffic inrractions. Multiple fonns of payment
are accepted including cash, checks, money orders, or credit cards. An administrative fee is assessed when time to pay is granted. Authorization of a payment plan is needs based and
requires defendants to provide proof of income and expenses. The Municipal Court has further means of collecting outstanding fines, costs, and restitution. These sanctions include entry
of a default judgment with Department of Motor Vehicles (DMV). A default judgment enters a conviction to the original charge, assesses points on defendants' driver's licenses and begins
suspension proceedings. Secondly, an outstanding judgment/warrant may be entered with DMV that places a hold on defendants' driver's licenses and begins suspension proceedings unless
the outstanding traffic or juvenile matter is resolved. Thirdly, warrants for failure to appear or pay may be issued by the Court for most, but not all cases. All of these sanctions
result in additional fees being assessed by the Court to the original fines and costs. The State of Colorado Judicial Department and multiple municipal courts within the State of Colorado
have implemented the use of a private collection agency for the collection of outstanding debts with successful results.
Council Action Form-Collection of Debts April 25, 20 II Page 3 Implementation of this program would consist of multiple components: (a) the authority to utilize a collection agency,
(b) a request for proposal process to select a vendor, and (c) computer program upgrades to share information electronically between the Municipal Court and the selected vendor. RECOMMENDA
nONS: The Municipal Court recommends authorizing the use of a private collection agency as one additional method for the collection of outstanding fines, fees, and restitution. Alternatively,
the Municipal Court would continue to utilize the various means of collecting fines, fees, and restitution imposed by the Municipal Court. RECOMMENDED MOTION: "I move to approve Council
Bill No. 16-20 II , an ordinance amending Chapter 2, Article I, of the Wheat Ridge Code of Laws authorizing the City to contract for collection of outstanding debts due to the City,
on first reading, order it published, public hearing set for Monday, May 9, 2011 at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication. Or "I move
to postpone indefinitely approval of Council Bill No. 16-20 II -an ordinance amending Chapter 2, Article I, of the Wheat Ridge Code of Laws authorizing the City to contract for collection
of outstanding debts due to the City for the following reason(s) " REPORT PREPARED BY; Kersten Armstrong, Court Administrator Christopher D. Randall, Presiding Municipal Judge ATTACHMENTS:
I. Council Bill No. 16-2011
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___ _ Council Bill No. __ _ Ordinance No. ___ _ Series 2011 TITLE: AN ORDINANCE AMENDING CHAPTER 2, ARTICLE I, OF THE WHEAT
RIDGE CODE OF LAWS AUTHORIZING THE CITY TO CONTRACT FOR COLLECTION OF OUTSTANDING DEBTS DUE TO THE CITY WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality having all
powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to C.R.S. § 31-15-101 , the City is vested with certain corporate powers, including the right to enter
into contracts; and WHEREAS, the City Council has determined that outstanding fines, costs, charges, restitution and other amounts payable to the City ("debts") represent a loss of income
for the City; and WHEREAS, the City Council recognizes that the City's collection of outstanding debts payable to the City would be a significant drain of the City's resources; and WHEREAS,
the City Council has determined that it is in the best interest of the City to authorize use of the services of a debt collection agency or agencies (or similar business) to provide
for the collection of outstanding debts which are due to the City. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The Wheat Ridge Code
of Laws, Chapter 2, Article I, Section 2-8 (previously reserved) is hereby enacted to read as follows: SEC. 2-8. COLLECTION OF OUTSTANDING DEBT. (a) FOR THE PURPOSES OF THIS SECTION
"DEBT" SHALL MEAN AND INCLUDE ANY OUTSTANDING AND UNPAID FINES, COSTS, CHARGES, RESTITUTION OR OTHER AMOUNTS OWED TO THE CITY BY ANY PERSON. (b) NOTWITHSTANDING ANY OTHER PROVISION OF
THIS CODE TO THE CONTRARY, THE CITY MANAGER IS AUTHORIZED TO CONTRACT WITH A COLLECTION AGENCY OR AGENCIES (OR SIMILAR BUSINESS) IN ORDER TO COLLECT ANY DEBTS WHICH ARE DUE TO THE CITY
PURSUANT TO THIS CODE OR ANY OTHER PROVISION OF LAW. Attachment 1
(c) ANY SUCH CONTRACT MAY INCLUDE A SURCHARGE FOR THE COST OF COLLECTION WHICH SURCHARGE SHALL INCLUDE THE FEES AND/OR COSTS OF THE COLLECTION AGENCY. Section 2. Severability. Conflicting
Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections
and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date.
This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _
to _ on this __ day of , 2011, 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
, 2011 at 7:00 p.m. , in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _ , this
day of , 2011. SIGNED by the Mayor on this __ day of _____ , 2011. ATTEST: Michael Snow, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Jerry
DiTullio, Mayor Approved as to Form Gerald E. Dahl, City Attorney
, ., .' _ r City of ?Wheat~dge ITEMNO: l DATE: April 25, 20 II REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 12-2011 -A RESOLUTION APPROVING A CONTRACT WITH THE REGIONAL TRANSPORTATION
DISTRICT FOR THE CONSTRUCTION OF THE GOLD LINE COMMUTER RAIL CORRIDOR D PUBLIC HEARING D BIDSIMOTIONS ~ RESOLUTIONS D ORDINANCES FOR 1ST READING D ORDINANCES FOR 2ND READING ~RmI? D
YES ~~.~~ Public Works Director City Mauager ISSUE: An intergovernmental agreement is required between the Regional Transportation District (RTD) and the City concerning the construction
and local financial assistance of the Gold Line Commuter Rail System. PRIOR ACTION: City Council reviewed the agreement at the April 18, 2011 Study Session. FINANCIAL IMPACT: The agreement
requires the City to construct a storm sewer at an estimated cost of $1.5M. A grant is available in the amount of $750,000 from the Urban Drainage and Flood Control District to assist
the City with this project. BACKGROUND: The 2004 voter approved FasTracks Plan required required that local agencies contribute 2.5% of the costs of the various elements of the commuter
rail program. The Gold Line is currently under design and is estimated to cost $517M. The local agencies through which the Gold Line will be constructed (Denver, Arvada, Wheat Ridge,
Adams County) must collectively contribute $12,925,000. The local agencies arrived at an equitable method of allocating the local
Council Action Form April 25, 2011 Page 2 contribution using the length of the rail line within the agencies and the cost of the rail line construction within the agencies. The City's
contribution was calculated at $1 ,481 ,000. The City Staff has negotiated the attached intergovernmental agreement which identifies the important elements of the Gold Line construction
project within Wheat Ridge and the proposed City financial contribution to the Gold Line Project. The agreement also outlines the process for approving and constructing the project.
• The City will build a regional storm sewer from Ward Road to approximately Simms Place. This storm sewer is estimated to cost $1.5M. The construction of the storm sewer will fully
satisfy the City's obligation for the Gold Line. • The Ward Road Station will be designed to allow development of the adjacent properties as contemplated in the Northwest Area Sub-area
Plan. • RTD will cooperate with the City if structured parking is warranted for the TOD in the future. • 50th Place will be constructed through the Ward Road Station site to connect
with Ridge Road. • A new street, Taft Court, will be constructed from 50th Place to 52"d Avenue. • All raiVstreet intersections will be constructed to "quiet zone" criteria. The City
has a p50,000 grant scheduled with the Urban Drainage and Flood Control District for construction of drainage improvements on the Arvada Channel in 2013. Staff has begun discussions
with the District to advance the grant to 2012 and use it to assist in the construction of the storm sewer needed for the Gold Line Project. The grant would reduce the City's direct
contribution to the Gold Line to approximately $750,000. [t is anticipated that construction will begin on the Gold Line this year, with the rail commuter opening for traffic in 2016.
RECOMMENDATIONS: Staff recommends that the RTD Gold Line lGA be approved. RECOMMENDED MOTION: "[ move to approve Resolution No. I 2-20 I I, a resolution approving a contract with the
Regional Transportation District for the construction of the Gold Line Commuter Corridor." Or: "[ move to table indefinitely Resolution No. I 2-20 II , a resolution approving a contract
with the Regional Transportation District for the construction of the Gold Line Commuter Corridor for the following reason(s) "
Council Action Fonn April 25, 2011 Page 3 REPORT PREPARED/REVIEWED BY: Tim Paranto, Public Works Director ATTACHMENTS: I. Gold Line IGA 2. Resolution
CITY OF WHEAT RIDGE GOLD LINE CORRIDOR LOCAL AGENCY CONTRIBUTION INTERGOVERNMENTAL AGREEMENT THIS CITY OF WHEAT RIDGE GOLD LINE CORRIDOR LOCAL AGENCY CONTRIBUTION INTERGOVERNMENTAL AGREEMENT
(this "IGA") is made and entered into this __ day of :-::-:-:-=:-::--=:-:c=-::--:::--,o:-::-,,.,.--:::----:---' 2011 (the "Effective Date") by and between the CITY OF WHEAT RIDGE ("City"),
a home rule municipal corporation of the State of Colorado organized pursuant to Article XX of the Colorado Constitution, and the REGIONAL TRANSPORTATION DISTRICT ("RTD"), a political
subdivision of the State of Colorado organized pursuant to the Regional Transportation District Act, C.RS. 32-9-101, et seq. The City and RTD may hereinafter be referred to individually
as a "Party" and collectively as the "Parties". RECITALS A. RTD is statutorily authorized to develop, maintain, and operate a mass transportation system for the benefit of the inhabitants
of the district; B. The City is authorized by its Charter and RTD is authorized by its enabling statute to enter into this IGA; C. Pursuant to the Colorado Constitution, Article XIV,
Section 18(2)(a), and C.RS. 29-1-201 , et seq. the Parties may cooperate or contract with each other to provide any function, service or facility lawfully authorized to each, and any
such contract may provide for sharing of costs; D. RTD is authorized to implement the multimodal public transportation expansion plan that was adopted by RTD's Board of Directors ("Board"),
approved by voters on November 2, 2004, and approved by the Denver Regional Council of Governments as per the requirements of C.RS. 32-9-107.7 ("FasTracks Plan"); E. Based on voter approval
and contingent upon the receipt of federal funding or credit assistance, essential elements of the Project and a source of funding have been identified; F. RTD proposes to construct
the Gold Line commuter rail corridor, consisting of commuter rail transit connecting Denver Union Station in Denver with Adams County, Arvada, Wheat Ridge, and Ward Road, identified
in the FasTracks Plan and more fully described in the in the Final Environmental Impact Statement dated August 2009 and the Record of Decision (the "ROD") executed by the Federal Transit
Administration ("FT A") on November 2, 2009 (the "Projecf'). The City supports RTD's efforts to design and construct the Project, and has agreed to cooperate with RTD in regard to these
efforts; G. RTD and Denver Transit Partners, LLC ("DTP" or "the Concessionaire") entered into a Concession and Lease Agreement on July 9, 2010 (as amended, the "Concession Agreement"),
pursuant to which the Concessionaire is to design, construct, operate and maintain the Project, among other elements of the FasTracks Plan. H. The FasTracks Financial Plan assumes and
requires a two and one-half percent (2.5%) local agency contribution from local jurisdictions in the district in consideration for the construction of transit improvements that will
benefit the City and its citizens; and I. The Parties have determined the necessity for this IGA IGA concerning the rights and obligations of the Parties with respect to the City's local
agency contribution for the Project and the implementation of the Project in the City. Attachment 1 1 of 18 Final Gold line Corridor Intergovernmental Agreement -Wheat Ridge April 19.
2011
AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties agree as follows: 1. GENERAL. 1.1 Recitals. The recitals set forth above are incorporated herein by this reference. 1.2 Acronyms and Abbreviations. The following acronyms are
used in this IGA: a. ABE: Advanced Basic Engineering 30% Design Plans dated March 2009, Addendum dated August 2009. and RFP Addendum X drawings dated February 2010 b. BNSF Burlington
Northern and Santa Fe Railroad c. COOT: Colorado Department of Transportation d. CRT: Commuter Rail Transit e. FEIS Final Environmental Impact Statement dated August 2009 f. FFGA: FTA
Full Funding Grant Agreement g. FRA: Federal Railroad Administration h. FTA: Federal Transit Authority i. IBC: International Building Code, 2006 Edition as amended by the City j. IGA:
City of Wheat Ridge Gold Line Corridor Local Agency Contribution Governmental Agreement k. NEPA: National Environmental Policy Act I. OSP: UDFCD Outfall Systems Planning Columbine Basin
dated December 1994 m. PUC: Public Utilities Commission n. RFP: Request for Proposal o. RFQ: Request for Qualifications p. ROD: Record of Decision executed on November 2, 2009 q. RTD:
Regional Transportation District r. TOO: Transit Oriented Development s. TWG: Local Jurisdiction Technical Working Group 2 of 18 Final Gold line Corridor Intergovernmental Agreement
-Wheat Ridge April 19, 2011
t. UDFCD Urban Drainage and Flood Control District 1.3 Alignment. The Project Alignment ("Alignmenf') is generally depicted on Exhibit A, Concessionaire's Proposal Drawings of Gold Line
Corridor Alignment. The Alignment is a depiction of the alternative selected during the FEIS/NEPA Process and based on NEPA required mitigations included in the ROD and other factors.
1.4 Exhibits. The following exhibits are attached hereto and incorporated herein by this reference: a. Exhibit A: Concessionaire's Proposal Drawings of Gold Line Corridor Alignment;
b. Exhibit B: Regional Drainage Improvements-Plans and Cost Estimate; c. Exhibit C: CRT Trackway Clearance Envelope; d. Exhibit D: IGA Plans -ABE incorporated herein by this reference
(but not attached hereto, due to its size). Applicable portions of the ABE where it is within City limits are attached hereto and incorporated herein by this reference. In addition,
the IGA Plans will also include changes made to the ABE that incorporate the resolution of the City's comments that were included in the ROD; e. Exhibit E-1 and E-2: Taft Court station
access: RTD Proposed Change -Ward Road Station; Additions to RTD Proposed Change f. Exhibit F: Property Conveyance; g. Exhibit G: Permanent Easement Form; h. Exhibit H: FasTracks Stakeholder
Participation Policy adopted by the Board in 2007 (the "Participation Policy"); i. Exhibit I: Schedule of City Codes; j. Exhibit J: Expedited, Customary, and Exempt Permit Requirements
1.5 Compliance with FFGA. The Project will be federally funded and costs incurred by RTD, including design and construction costs incurred by and credited to the City as part of the
Local Agency Contribution (as defined below), must comply with the terms of any FTA FFGA that RTD receives for the Project, and with all other applicable laws and regulations. 2. COORDINATION.
2.1 Concessionaire and Other Contractors. The City agrees to coordinate and cooperate with the Concessionaire and all other RTD consultants, contractors and subcontractors and each of
their respective consultants, contractors and subcontractors (collectively, "Contractors") concerning the performance of RTD's obligations hereunder and agrees to coordinate its efforts
with the Contractors and RTD, as appropriate. The City acknowledges that RTD can and will delegate to any Contractor the duty to perform certain of 3 of 18 Final Gold Line Corridor Intergovernmental
Agreement -Wheat Ridge April 19, 2011
RTD's obligations hereunder; provided, however, that RTD will not delegate its obligation to collect payment(s) from the City, if any. 2.2 Concessionaire Duties. With the exception of
collecting payment(s) from the City, if any, the Concessionaire may perform any or all of RTD's obligations under this IGA including without limitation, the design and construction of
the Project; coordination with the City for exchange and approval of design plans, specifications, design criteria, and traffic control plans, as described herein; interfacing of construction
schedules with the City, as necessary; application for applicable City permits; coordination of City construction inspections; coordination of relocation of any City-owned utilities
in conflict with the Project; negotiation of any Betterments (as defined below) requested by the City in connection with the Project; traffic control plans; and operation and maintenance
of the Project. 2.3 Utility Providers. The City will coordinate and cooperate with all utility providers affected by Project construction and treat permits requested by utility owners
as Project Permits (as defined in Section 9.1 below) for the purposes of review periods and expedited processing of such utility permits in accordance with the Permits Section of this
IGA, provided, however, that utility owners will apply for and pay all costs of such utility permits. The City will also cooperate with utility providers in the provision, if necessary,
of water, storm sewer, sanitary sewer, and other utility service connections at Project passenger stations and other points of connection, all as mutually agreed upon by the Parties.
3. LOCAL AGENCY CONTRIBUTION. 3.1 Total. The total local agency contribution required for the Project is two and one-half percent (2.5%) of the cost of the Project. The cost of the Project
for the purposes of establishing the local agency contribution is Five Hundred and Seventeen Million Dollars ($517,000,000) in year of expenditure dollars. Therefore, the total local
agency contribution is Twelve Million Nine Hundred Twenty Five Thousand Dollars ($12,925,000), to be shared by and between the City, City of Arvada, City and County of Denver, and Adams
County and, accordingly, the City's local agency contribution is $1.481 Million Dollars ("Local Agency Contribution"). 3.2 Payment The City will fully satisfy the Local Agency Contribution
through construction of the regional drainage system more particularly described in Section 4, below, which is necessary for the Project and funded by the City or other funding sources
(exclusive of any Betterments). The City will be credited for the Local Agency Contribution upon completion of the construction project. 3.3 Other Expenditures. All other expenditures
required to complete the Project or other costs associated with the Project are the sole responsibility of RTD or parties other than the City. Funds submitted to RTD by the City pursuant
to this IGA, if any, will be used only for the Project. 4. LOCAL AGENCY CONTRIBUTION CREDIT. The following specified expenses will be credited toward fulfillment of the City's Local
Agency Contribution: 4.1 OSP Drainage Conveyance System. RTD is required to make drainage improvements to mftigate the impacts of the Project on the area drainage basins. RTD has prepared
preliminary designs for a drainage system along the Project alignment which is meant to maintain existing drainage pattems. The City and other partnering agencies have regional drainage
improvements 4 of 18 Final Gold Line Corridor Intergovernmental Agreement -Wheat Ridge April 19, 2011
planned in the vicinity of the Project that will be impacted by the Project, which plans area attached as Exhibit B, OSP Drainage Conveyance System. The City agrees to design and construct
the drainage conveyance system outlined in the OSP, subject to modifications locating it on the south side of the tracks, from Ward Road to the City boundary east of Simms Place. The
Parties acknowledge and agree that: (i) the City's construction of the OSP will satisfy RTD's requirement to construct similar facilities as part of the Project; (ii) RTD will relocate,
if required, an existing sanitary sewer main and a natural gas main which are in conflict with the construction of the OSP along the south side of the railroad right-of-way; and (iii)
the costs of designing and constructing the OSP will satisfy the City's local agency contribution. The City antiCipates completing the construction of the OSP by November of 2012, subject
to RTD's completion of the relocation of the conflicting utilities by March 2012. The Parties agree to work cooperatively with each other, and with the Concessionaire and UFCDD to (i)
design the Project and the OSP to minimize conflicts with existing utilities, and to (ii) finalize a construction schedule and minimize impacts to each other's construction projects.
Further description of project drainage improvements and additional
regional drainage improvements are discussed in Section 6 'Specific Design Requirements' and Section 7 'Betterments' and maintenance responsibilities in Section 13 'Operation and Maintenance'.
4.2 Other Funds Contributed. Funds received by the City from outside sources that are not otherwise available to RTD and that are not a grant match paid by RTD, and that are contributed
toward the design and construction of the OSP, whether grants, gifts, or other types of receipts, whether required to be matched or not, and whether from federal, state, local regional
or private sources, shall be credited toward the City's fulfillment of its Local Agency Contribution. The City is under no obligation to contribute such funds to RTD. 4.3 Reconciliation.
Because the City's entire Local Agency contribution will be fully satisfied with the construction of the OSP Drainage Conveyance System, reconciliation of the City's fulfillment of its
Local Agency Contribution will not be required. The City's estimate for design and construction of the OSP drainage system is attached as Exhibit B. 5. GENERAL DESIGN CRITERIA. 5.1 Applicable
Law. The Project design and construction will comply with state and federal law, including requirements of the Wheat Ridge Code of Laws, and Federal Railroad Administration ("FRA") Track
Safety Standards, and will incorporate any mitigations described in the ROD. 5.2 Transit System Elements. Certain Project elements are transit elements that are crucial to CRT system
operation, compliance with NEPA documentation, and/or compliance with FTA or FRA requirements (collectively, "Transit System Elements"). City permitting requirements will not apply to
Transit System Elements constructed within the CRT trackway clearance envelope boundaries as depicted on Exhibit C, CRT Trackway Clearance Envelope, or to certain Transit System Elements
that are constructed outside the boundaries of the CRT trackway clearance envelope on RTD Project property. Transit System Elements include, without limitation, trackage, prefabricated
traction power substations, prefabricated signal houses, prefabricated communications houses, and noise and ballast walls. Plans provided by RTD or the Concessionaire for Transit System
Elements are for information purposes only, and are not subject to the City's review fees or processes. Plans provided by RTD or the Concessionaire for the Station, street, traffic control,
stormwater improvements, utility 5 of 18 Final Gold line Corridor Intergovernmental Agreement -Wheat Ridge April 19, 2011
relocations, and erosion control are subject to the City's review and permitting processes. Although Transit System Elements are not subject to review or permit fees, all materials brought
into the City are subject to City Use Tax. 5.3 Design Criteria. RTD will design and construct the Project in accordance with the Concession Agreement. As more particularly described
in Section 5.2 above, RTD will design Project or Project-related improvements that will be owned and maintained by the City according to the City Design Standards, unless a variance
or waiver is granted by the City. All updates and amendments to the design criteria referenced herein will be provided to the other Party in a timely manner. 5.4 Impact Mitigation. RTD
agrees to mitigate all impacts outlined in the Gold Line FEIS, ABE and ROD including the resolution of the City's comments that were included in the ROD. This also includes unidentified
impacts that may be discovered as the design, land use approvals, and construction of this project project continues. The concessionaire is required to perform a preconstruction survey
which will involve the City. 5.5 Building Code. RTD will design and construct all building structures requiring a building permit from the City in accordance with the IBC. 6. SPECIFIC
DESIGN REQUIREMENTS. In accordance with the ROD and City comments during the FEIS, the following essential elements of the Project have been identified but are subject to change, based
on discussions during TWG and Focus Group meetings during the project design review period: 6.1 Electric Multiple Units ("EMUs"). RTD will operate Electric Multiple Units on the Project.
The City will permit RTD to construct or authorize construction of utilities related to the operation of the Corridor. 6.2 Ward Road Station Surface Parking and Access. a. Opening Day
Parking: RTD will construct paved surface parking which meets RTD park-n-ride criteria to accommodate two hundred ninety (290) surface parking spaces for 15 minute peak headways at the
Ward Road Commuter Rail Station for Gold Line opening day per the ROD, and will acquire sufficient property rights prior to opening day to construct one hundred fifty (150) additional
surface parking spaces at the Ward Road Commuter Rail Station for 2030 Station expansion. Per RTD Transit Access Guidelines and parking management program, RTD will conduct monthly park-n-Ride
utilization surveys and at such time as the parking at this Station is ninety percent (90%) utilized, RTD will increase the amount of parking at this Station to the 440 spaces that are
planned for this Station and outlined in the ROD for 15 minute peak headways. b. Parking Expansion: RTD will continue to conduct the monthly park-n-Ride utilization surveys and at such
time as the parking at this Station is ninety percent (90%) utilized, RTD will increase the amount of parking at this Station by an additional 150 spaces to a total of 590 spaces. If
the headways are changed to 7.5 minute peak headways, then RTD will increase the amount of parking at this Station to the 700 spaces that are shown for this Station in the FEIS for 7.5
minute peak headways. All parking will be paved in accordance with City Codes. All additional parking required will be constructed within ninety (90) days of the determination of need.
Should the additional parking be required in the winter outside of the 6 of 18 Final Gold line Corridor Intergovernmental Agreement -Wheat Ridge April 19. 2011
normal paving season, then a temporary gravel parking surface will be allowed for up to six (6) months to allow for paving during the next paving season. c. Station Access and Street
Grid System: RTD/Concessionaire will design the Station configuration, parking, and access to follow the street grid system outlined in the City's Northwest Subarea Plan, as shown on
Exhibit D, IGA Plans, as modified by Exhibit E-"RTD proposed change, Ward Road Station". RTD will coordinate with the City to insure the station is designed and constructed in such a
manner that the City can finish design, purchase Right-of-Way, and construct to complete the Northwest Subarea Plan. RTD will design and construct the Taft Court station access per Exhibits
E-1 and E-2, "RTD Proposed Change, Ward Road" and "Additions to RTD proposed change". In addition, RTD will design and construct 50th Place between Ward Road and Tabor Street/Ridge Road
to provide vehicle and pedestrian connectivity to meet the grid system in the City area plan. Improvements will include: 1) widening of the existing roadway to allow for an attached
sidewalk, curb, gutter, and enough asphalt along the south side of the existing pavement to accommodate two 10' wide travel lanes as well as two bike lanes for the connection from the
station to the 50th Place /Ward Road intersection within existing roadway right-of-way; 2) construction of the 50th Place /Ward Road intersection with 12' wide vehicular travel lanes
only to both accommodate the traffic mitigations outlined in the ROD and stay within existing right-of-way; and 3) a complete street build-out through the station to Tabor Street/Ridge
Road intersection per City standards as defined in the Wheat Ridge Streetscape Design Manual, including on-street parking, bike lanes, buffer/amenity zones, and sidewalks. The Parties
will work cooperatively to design Taft Court and 50th Place to minimize utility impacts. Further description of maintenance responsibilities is discussed in Section 13 'Operation and
Maintenance'. 6.3 Ward Road Station Stormwater Facilities. RTD will construct stormwater facilities, including storm sewer, in accordance with City Standards for the Ward Road Station
as part of the Project. The design of the Ward Road Station facilities will allow the system to tie into OSP Drainage Conveyance System. Reference Exhibit D, IGA Plans, for the location
and conceptual design of the Ward Road Station Stormwater Facilities. Further description of maintenance responsibilities is discussed in Section 13 'Operation and Maintenance'. Water
quality and detention for Ward Road Station may be provided at the station or at the Ridge Road Tributary Interim Stormwater Pond, or at a combination of both locations 6.4 Local Drainage
Convevance System. The City and other partnering agencies will be constructing the OSP to convey the deSign flows identified in the OSP for the Northwest Subarea. Because of the location
of the CRT tracks on the north side of the BNSF tracks, the OSP has been redesigned from Ward Road to the City boundary east of Simms Place to be located on the south side of the BNSF
tracks. RTD will construct the Local Drainage Conveyance System to convey the flows under the CRT and BNSF tracks from north to south to avoid adversely impacting the properties north
of the CRT tracks and upsizing the drainage system while CRT is operational. The OSP will be designed and constructed to have the capacity necessary to convey the OSP flows to the City
boundary east of Simms Place. The Local Drainage Conveyance System will tie into the OSP. Reference Exhibit D, IGA, Plans for the location and conceptual design of the improvements.
All culvert crossings between Ward Road and the City boundary east of Simms Place shall be designed and constructed to collect stormwater on the north side of the CRT tracks and convey
it to the OSP on the south side of the tracks. These culvert crossings will be sized based on the existing 1 OO-year flows and any additional flows from the development of the Station
and streets constructed with the the Project. 7 of 18 Final Gold Line Corridor Intergovernmental Agreement -Wheat Ridge April 19. 2011
6.5 Ridge Road Tributary Interim Stormwater Pond. In order to mitigate potential impacts to downstream properties due to the increased flow across the track corridor from increased drainage
system capacity, RTD will construct an interim stormwater pond and acquire property as required for the needs of the project west of Parfet Street downstream of the discharge point near
the Xcel substation. The Interim Stormwater Pond near the Xcel Substation shall be designed to minimize property and environmental impacts to expedite the approval process of the FTA.
Alternative channel designs will be investigated to determine options to minimize outfall to the Interim Stormwater Pond to reduce environmental impacts. 6.6 At-Grade Crossings. RTD
will construct at-grade crossings with associated roadway improvements within the City as outlined in the ROD, FEIS and IGA Plans. RTD will work with the City on refinements to these
at-grade crossings and roadway improvements during discussions in the TWG and Focus Group meetings held throughout the project design period. The interface between Ridge Road and current
design of CRT and BNSF tracks will be further investigated for safety requirements. Reference Exhibit D, IGA Plans, for the location and conceptual· design of the improvements. Further
description of maintenance responsibilities is discussed in Section 13 'Operation and Maintenance'. RTD will design and construct at-grade crossings at right-of-way intersections within
the City to include Miller Street, Parfet Street, and Tabor Street in accordance with mitigation measures and City comments contained in the ROD. The design will include improvements
of the streets to complete streets in accordance with City Standards to accommodate vehicular, pedestrian, and bicycle users. This may include realignment to match existing and proposed
right-of-way. RTD will make every effort to reduce vertical grade breaks during the design process to provide smooth, safe roadway profile for drivers while avoiding unsafe freight/CRT
alignments. In addition, each grade crossing at Ridge Road intersections will be signalized with appropriate preemption time and interconnected with both freight and commuter rail signal
systems for additional driver and passenger safety. 6.7 Quiet Zones. At-grade intersections listed in the above "At-Grade Crossings" are to be designed and constructed to allow for elimination
of train horn noise. RTD will assist the City in applying for Quiet Zones along the Gold Line Corridor. RTD will pay for all at-grade crossing improvements outlined in Section 6.6 to
address safety and noise impacts that are required by PUC/federal guidelines. This includes design/installation of traffic signals (per City standards) adjacent to the CRT and BNSF tracks
and traffic signal interconnect with rail system. The design of these crossing signals will include improvements to widen the roadway width or add sidewalk. Reference Exhibit D, IGA
Plans, for the location and conceptual design of the improvements. Further description of maintenance responsibilities is discussed in Section 13 'Operation and Maintenance'. 6.S Traffic
Signals. RTD will construct Ward Road/52nd Avenue traffic signal improvements as outlined in the FEIS and ROD when warranted. In addition, at Ward Road/50th Place, RTD will signalize
the intersection when a traffic signal is warranted. Temporary traffic cond~ions will be evaluated during construction to determine if any temporary traffic mitigations are required
at that location. Since Ward Road is also State Highway 72, all work will need to be coordinated with CDOT. 6.9 Project Property. The City will grant or convey to RTD land, permanent
easements, and access rights that are required to implement the Project. Subject to final design for the Project, the following real property interests have been identified as potentially
being required for the Project, reference Exhibit F, Property Conveyance, for the location of the properties: 8 of 18 Final Gold Line Corridor Intergovernmental Agreement -Wheat Ridge
April 19, 201 1
a. Ridge Road at Tabor Street. A portion of the existing right-of-way for Ridge Road on either side of Tabor Street is needed to accommodate the westbound CRT track entering the Ward
Road Station. The City will grant to "RTD a permanent easement along the south side of Ridge Road right-of-way pursuant to a Permanent Easement in substantially the form attached hereto
as Exhibit G, Permanent Easement Form. 6.10 Utilities Relocation. If relocation of public utilities (including but not limited to, electric, gas, sewer, water, cable or telephone lines)
is necessitated by the Project, RTD will notify the City and the City will cooperate with RTD to seek such relocation at no or minimal cost to RTD, including by exercising any contract,
legal, or other rights not inconsistent with existing utility agreements. 7. BETTERMENTS. If the City secures sufficient funding, the following Betterments may be constructed in conjunction
with the Project: 7.1 Definition. For purposes of this IGA, "Betterment" means any element element of work not included in Exhibit 0, the IGA Plans, and not otherwise required by federal
or state law or by those City codes, ordinances, policies, or regulations in accordance with subsection 8.2. In addition, work elements that result from the City's land use processes
as discussed in subsection 10.5 will not be considered betterments. 7.2 Project Betterments: a. Northwest Subarea Structured Parking. The City's Northwest Subarea Plan and Comprehensive
Plan propose TOO in the vicinity of the Ward Road Station. The surface parking as proposed by RTD uses valuable land adjacent to the Station. The City would prefer that the parking be
structured and combined with parking for the TOO to better utilize the land and accommodate TOO. If the City is able to make funding arrangements to build a parking structure, the Parties
agree to enter into a subsequent agreement governing their respective rights and responsibilities regarding cost allocation, shared ownership, use, operation and maintenance of the joint
parking structure. b. Ridge Road Tributary Regional Stormwater Pond. During the FEIS and ABE review and comment period, the City identified a non-funded regional stormwater pond project,
Ridge Road Tributary Regional Stormwater Pond, outside the Project that could be used by the Project in place of the Ridge Road Tributary Interim Stormwater Pond. If the City is able
to secure funding for the Regional Stormwater Pond prior to completion of the 100% design review for the Project, and is able to complete construction of the Regional Stormwater Pond
so as not to adversely impact RTD /DTP's construction schedule, RTD agrees to contribute to the Regional Pond project a proportional match based on the cost saved by not building the
interim pond to the cost of the regional pond. If the City secures funding for a Regional Stormwater Pond after the 100% design review, the Parties agree to amend this IGA or to enter
into a subsequent agreement governing their respective rights and responsibilities regarding cost allocation, ownership, use, operation and maintenance of the Regional Stormwater Pond.
7.3 Payment. If the City requests that RTD construct any Betterment, the City (or any third party that has agreed with the City in advance to be responsible for payment) will pay all
expenses incurred, including without limitation, incremental design, delay and/or maintenance costs to RTD of the Betterment. Before agreeing to construct any Betterment, RTD will evaluate
the technical feasibility of and costs associated with the Betterment to ensure there will be no 9 of 18 Final Gold line Corridor Intergovernmental Agreement -Wheat Ridge April 19, 2011
adverse impact to the Project schedule or budget and, if RTO determines that there is such an adverse impact, RTO may, in its sole discretion, deny the City's request for the Betterment.
7.4 City Costs. The City, in its sole discretion, may choose to perform work concurrently or in coordination with the Project, provided that the City will bear all costs for such work,
including incremental design and/or delay costs to RTO, and will coordinate with the Contractors to avoid interference with the Project construction schedule. If the City requests and
RTO agrees to perform concurrent work by and through the Contractors, the City will bear the costs, if any, of incorporating the City's design into RTO's design and construction schedule
and of any additional work performed by RTO at the City's request. 8. DESIGN PLAN REVIEW APPROVAL. 8.1 Review Periods. RTO/Concessionaire will submit "Formal Plan Submittals" to the
City both at a sixty percent (60%) complete, (hereinafter referred to as the Intermediate Submittal), and a one hundred percent (100%) complete, (hereinafter referred to as the Final
Submittal). The City will provide RTO/Concessionaire their standard design review checklist to assist in providing a thorough submittal for the City review. The City will be responsible
for only reviewing specific segments consistent with the City boundaries. The City will have one month or thirty (30) calendar days (equivalent to approximately twenty-two (22) working
days) from the date of receipt of such "Formal Plan Submittals" to submit review comments. The City will be included in regularly on-going TWG and Focus Group meetings to have an opportunity
to see the design evolve, be part of design process, and have an opportunity to review & ask specific design questions. Prior to the "Formal Plan Submittals", the Concessionaire will
provide additional opportunities for the City to review and become familiar with the design by having Periodical Design Review Meetings (PORM) also known as Stop and Plot Meetings. The
meetings will be scheduled approximately one month prior to the "Formal Plan Submittals" and fourteen (14) calendar days before the meeting the Concessionaire will submit the current
drawings to the City to have opportunity to look at the design and prepare themselves with comments/questions to be addressed during the meeting. This review step prior to the "Formal
Plan Submittals" will provide the City with approximately forty-four (44) calendar days of additional review time leading up to the "Formal Plan Submittals" and help in facilitating
the City review process and staff scheduling for review. This will allow a total of eighty-eight (88) calendar days for pre-submittals (14 days per pre-submittal) and Intermediate/Final
Submittals (30 days for both Intermediate/Final Submittals) to one-hundred forty-eight (148) calendar days (includes 30 calendar days leading up to formal submittals) of having the design
available to the City to address comments/questions on design at TWG and Focus Group Meetings or formal comment/response at "Formal Plan Submittals" in order to achieve Final Approval
(Rev 0 Plan Set). The Concessionaire's submittal and review process is summarized in the following matrix: Plan Submittal Description Matrix Stop & Plot Plans Intermediate Stop & Plot
(pre-60%) Submittal (60%) (pre-100%) Stop & Plot Meetings will be Although the Eagle Similar to pre-60% Stop & 100118 Final Gold Line Corridor Intergovernmental Agreement -Wheal Ridge
April 19. 201 1 Final Submittal (100%) Although the Eagle
scheduled approximately Project covers one month prior to the multiple formal 60% submittal. jurisdictional Current at the time, design boundaries, it is will "stop" and drawings DTP's
intent to will be "plotted" and follow the City transmitted to the City 14 process for formally calendar days prior to submitting the meeting. The City will use Intermediate (60% this
time to become familiar complete) design with the design drawings for Plan review and and make notes. At the comment. Written Stop & Plot Meeting, the comments received design will be
reviewed in from the City will be its entirety and comments addressed by DTP will be recorded in the form per the established of meeting minutes. The City process. meeting minutes will
be issued after the meeting. It is DTP's intent to transmit a comprehensive Stop & Plot package, however, the package/meetings may be subdivided into Civil, Structures, and Stations.
Plot transmittal. Meetings Project covers will be scheduled multiple approximately one month jurisdictional prior to the formal 100% boundaries, it is submittal. Current at the DTP's
intent to time, design will "stop" and follow the City drawings will be "plotted" process for formally and transmitted to the City submitting the Final 14 calendar days prior to (100%
complete) meeting. The City will use design for Plan this time to become Approval. Written familiar with the design comments received drawings and make notes. from the City will At the
Stop & Plot Meeting, be addr.essed by the design will be reviewed DTP per the in its entirety and established City comments will be recorded process. DTP's in the form of meeting desired
approach is minutes. The meeting to respond to minutes will be issued after written comments the meeting. This is also an and reflect the opportunity for the City to incorporation of
the review DTP's incorporation response in a of responses to comments Revision 0 Plan Set received on the 60% for final Approval. submittal. 8.2 Design Changes. Requests by the City
for design changes will comply with the Exhibit H, Participation Policy. RTD will implement design changes required by City codes, ordinances, policies, and regulations in effect at
the time of Intermediate Submittal design review. In addition, RTD will comply with any post-design-review amendments made to City codes, ordinances, policies, and regulations so long
as such amendments are necessary for fire/life safety compliance at the time of permitting. For the purposes of this IGA, City Codes will be limited to the codes listed on the attached
Exhibit I, Schedule of City Codes. 8.3 Objections. In the event of an objection by the City to any design plans or specifications, the Parties will meet in a timely manner and in good
faith to resolve the objection. RTD will not, however, be obligated to implement design changes not required by federal, state, or local law, City Design Standards, or conditions of
any City land use approvals as of the Effective Date of this Agreement. 9. PERMITTING PROCESS. RTD or its Contractors will apply for all applicable permits necessary for construction,
operation, and maintenance of the Project ("Project Permits") in accordance with this Section. Except as otherwise provided herein, applicable City permitting requirements will apply
to all Project elements constructed within the City except those elements constructed within the Project's CRT trackway clearance envelope, see Exhibit C, CRT Trackway Clearance Envelope,
as more particularly provided for in Section 5.2 above. Nothing herein will be construed as committing the City to issue permits or accept any plans for 110f18 Final Gold Line Corridor
Intergovernmental Agreement -Wheat Ridge April 19. 2011
construction or other related work or work product that does not meet applicable codes, ordinances, policies, regulations and any variances granted to the Project in accordance therewith.
The City will not unreasonably withhold, condition, or delay any Project Permits. Except as otherwise provided in this IGA, applicable City permitting requirements, as indicated on Exhibit
J, Expedited, Customary, and Exempt Permit Requirements, will apply to all Project elements constructed on property within the corporate boundaries of the City. 9.1 Project Penn its.
RTD or the Contractors will apply for all applicable Project Permits, including land use applications and building permits, necessary for implementation of the Project ("Project Permits")
and all fees customarily charged by the City for the Project Permits will be identified and directly paid by RTD or the Contractors. Reference Exhibit J , Expedited, Customary, and Exempt
Permit Requirements, for the fees for the Project Permits. 9.2 Right-ot-Way Permits. RTD and the City will mutually determine the reasonable time period(s) that construction of the Project
will impact City rights-of-way, the "Impact Period(s)", which RTD will inctude in the contract documents issued to the Concessionaire. The City, through the normal course of its review,
will issue the Contractors right-of-way permits and the associated permit fees will be directly paid by RTD or the Contractors. Reference Exhibit J, Expedited, Customary, and Exempt
Permit Requirements, for the fees for the Right-of-Way Permits. The duration of the rightof-way permits will be the Impact Period(s) plus a grace period of ten percent (10%) of that
time (the "Permit Period"). If the impact of the Project on City rights-of-way has not ceased or will not cease prior to the expiration of the Permit Period, the Concessionaire will
apply for a new or amended permit and any time it occupies the right-of-way beyond the Permit Period will be charged to and paid for by the Contractors. 9.3 Review Process. Upon design
plan completion for any portion of the Project, RTD will provide the City with one hundred percent (100%) submittal plans for that portion ("Submittal") and the City will conduct and
complete a review of the Submittal for compliance with its permitting codes and site development standards within thirty (30) calendar days (approximately twenty-two (22) working days)
of receipt. Any approved Submittal will constitute the City's permitting set for reference when issuing Project Permits. Certain Project elements included in any Submittal will not be
subject to a second review at the time of permitting but will be deemed to have been approved for permitting by virtue of the City's review and approval of the Submittal. At the time
of permit application, RTD (or its Contractor) will supply the City with the appropriate permit application but, rather than supplying a plan for review, will instead make reference
to the corresponding page of the Submittal that had previously been approved by the City. Provided that the application and the Submittal correspond, the City will issue the permit without
further review. In order for the City to confirm prior approval of any such expedited Project elements, RTD will make reference in its permit application to the page or pages of the
permitting set that contains the Project element requested
to be permitted. Any plans listed on Exhibit J, Expedited, Customary, and Exempt Permit Requirements, are in addition to Submittals if such information needed for the permit is not included
in the Submittal. 9.4 Zoning and Land Development. The provisions of this Section, regarding scope, process, submittals, and timing of reviews, will not apply to zoning changes, land
development of the Station, including associated parking, and other improvements, and property boundary changes that may be required for implementation of the Project. These land use
processes will be accomplished in accordance with the City's standard procedures and ordinances, including necessary public hearings. 10. CONSTRUCTION AND FIELD ENGINEERING; REVIEW AND
INSPECTION. 12 of 18 Final Gold Line Corridor Intergovernmental Agreement -Wheat Ridge April 19, 2011
10.1 Start Work. RTD will notify the City in writing seven (7) days prior to the date for the start of work for any portion of the Project that is located within the boundaries of the
City. RTD will invite the City to any pre-construction conferences and other Project construction meetings. No work will be done in City rights-of-way by RTD or its Contractors without
approved plans and applicable permits. In addition. no work will be done within the boundaries of the City without an approved Stormwater Management Plan from the City. 10.2 Construction
Easements. Temporary construction easements required by RTD on property owned or controlled by the City that are necessary for implementation of the Project will be requested by RTD
in the final design plans and considered on a site-specific basis. Construction easements will be granted at no cost to RTD and pursuant to a Construction Easement. RTD will restore
City property burdened by a Construction Easement to substantially the same condition it was in prior to RTD's use of the property. Construction easements will not interfere with the
City's intended use of the property and will not be granted if found to impact public safety or to not be in the best interest of the City. 10.3 City Inspector. The City may have an
inspector present in the construction area whenever City-permitted construction activities are being performed within the City. To facilitate orderly inspections and prevent the need
for dual inspections, the City will coordinate its inspections, in accordance with its standard policies and procedures, through RTD. City inspectors will be required to adhere to all
RTD and Concessionaire safety requirements. The City will not give direction to the Concessionaire except with respect to the Concessionaire's compliance with terms and conditions issued
with Project Permits; otherwise, any direction will be provided through the RTD project liaison or assignee. 11. BUSINESS AND RESIDENT INTERRUPTION. Before and during construction, RTD
will provide public information support, including conducting stakeholder briefings, preparation of information in response to media requests, and notification to the public of upcoming
work by signage, flyers, notices, and regular construction updates, copies of which will be provided to the City. RTD will work cooperatively with the City to minimize disruptions to
city business activities within the City and will submit construction work schedules in advance of construction when working within City limits. 12. FINAL INSPECTION AND ACCEPTANCE.
12.1 Notice. RTD will inform the City when City-permitted Project elements or elements to be owned and maintained by the City, if any, have been completed and are ready for final inspection.
Any such final inspection will be attended by RTD, the City, and the Concessionaire. RTD will be responsible for directing any corrective work relating to deficiencies. Once all such
corrective work is complete, RTD will notify the City and the City will have fourteen (14) calendar days to give written notice of acceptance or rejection of work. 12.2 As-Built Drawings.
RTD will comply with City requirements regarding as-built drawings for all property within the City limits affected by implementation of the Project. 12.3 Warranty. RTD will assign to
the City all Concessionaire warranties for all work performed by the Concessionaire that will be owned and maintained by the City. RTD will warranty from the date of acceptance by RTD
of all work performed by the Concessionaire that will be owned and maintained by the City in accordance with the City's warranty standards as set forth in Article II of Chapter 21 of
the Wheat Ridge Code of Laws, and incorporated herein by this reference as if fully set forth herein. Landscaping work on City-owned property will be 13 of 18 Final Gold line Corridor
Intergovernmental Agreement -Wheat Ridge April 19, 2011
warranted and maintained by RTD during the warranty period for not less than two (2) years from the date of acceptance. 13. OPERATION AND MAINTENANCE. 13.1 RTD Responsibilities. Except
as otherwise provided herein, RTD will operate and maintain the Project in confonnity with applicable federal, state, and local laws, rules, and regulations and with the requirements
of those entities having jurisdiction over the Project or its component parts. Reference Exhibit D, IGA Plans, for the location and conceptual design of the improvements. The following
additional requirements will apply: a. local Drainage Conveyance System. RTD will maintain all improvements associated with this drainage system including those elements that are designed
to convey the flows that are within the CRT trackway clearance envelope. b. Ridge Road Tributary Interim Stormwater Pond. RTD will maintain all improvements associated with this stonnwater
pond needed for stonnwater discharge resulting from the Project. c. Ridge Road. RTD will maintain any guardrail installed along Ridge Road between Tabor Street and Miller Street. In
addition, the street right-of-way between the Gold Line right-of-way and the back of the curb or edge of pavement adjacent to the guardrail will be maintained by RTD. d. At-Grade Crossings.
RTD will obtain all applicable pennits and will pay the costs associated with the maintenance of crossings gates, panels, other CRT warning devices, and other improvements with the CRT
trackway clearance envelope on the City streets in accordance with applicable regulations. e. Quiet Zones. In operating and maintaining the Project, RTD will take the actions necessary
to provide, install, and maintain, at no cost to the City, any new safety and quiet zone equipment mandated by state or federal regulatory agency with jurisdiction over the Project.
13.2 City Improvements. The City will own and maintain any structures or improvements, including Ward Road Station access built to City street standards per Section 6 of this IGA, constructed
constructed by RTD on property owned or controlled by the City that are unrelated to operation of the Project but necessary to accommodate the Project, except as provided elsewhere in
this IGA. 13.3 Additional Agreements. The City and RTD may enter into a subsequent intergovemmental agreement for any shared maintenance responsibilities. The possible agreements may
include maintenance of the Ridge Road Tributary Regional Stormwater Pond. 14. ASSOCIATED COSTS. Costs associated with changes to City property that the Parties agree are solely the result
of implementation of the Project will be the responsibility of RTD, unless they are a part of the City's fulfillment of its Local Agency Contribution. Such costs include but are not
limited to all costs related to the reconstruction, realignment, or maintenance of the City streets during construction, temporary and permanent traffic control, and modifications to
drainage. Associated costs will not include the costs of any Betterments (as defined in Section 7, above). 15. PROJECT LIAISONS. 14 of 18 Final Gold Line Corridor Intergovernmental Agreement
-Wheat Ridge April 19, 2011
15.1 ~. The City's project liaison will coordinate the exchange of documentation, plan review and approval, construction inspection, and any other similar activities with the City required
under this IGA. Wheat Ridge's Engineering Manager, or duly authorized delegate, is the City representative authorized to make and be responsible for City approvals required hereunder.
15.2 RTD. RTD's project liaison will coordinate the exchange of documentation, plan review and approval, construction inspection, and any other similar activities with RTD required under
this IGA. RTD's Project Manager, or duly authorized delegate, is the RTD representative authorized to make and be responsible for RTD approvals required hereunder. 16. DISPUTES. Disputes
will be initially resolved between the project liaisons. If the respective project liaisons are unable to resolve the dispute, they will document the basis for dispute, either independently
or together, and forward such information to senior management in accordance with the the following escalation process: (i) RTD FasTracks Senior Implementation Manager and the City's
Public Works Director, (ii) Assistant General Manager for Planning and Development for RTD and the City's Public Works Director, and (iii) the RTD General Manager and the City Manager
of Wheat Ridge. 17. LIABILITY. As between the Parties, and without either the City or RTD waiving any of the rights and protections provided under the Colorado Governmental Immunity
Act, C.R.S. Sections 24-10-101 to 120, each Party hereto will be responsible for its own negligence and that of its agents and employees in the performance of this IGA. If either Party
is given notice of claim or suit against or involving the other arising from the implementation of this IGA or the design or construction of the Project, it agrees to give the other
Party prompt written notice of such claim or suit. 18. APPROVAL BY CITY COUNCIL AND THE BOARD. This IGA is expressly subject to, and will not be or become effective or binding on the
City or RTD until approved by the Wheat Ridge City Council ("City Council") and the Board, respectively. In addition, the Parties expressly acknowledge and agree that this IGA is subject
to the ROD and contingent upon federal funding or credit assistance. 19. APPROPRIATION BY CITY COUNCIL AND THE BOARD. This IGA does not commit any present funding by either Party. Implementation
of this IGA implies future financial commitments by both Parties subject to approval by the Board and the City Council and subject to each entity's legally required budgeting, authorization,
and appropriation process. Any and all obligations of the City and RTD under and pursuant to this IGA which require funding are subject to prior annual appropriations of funds expressly
made by the City Council and the Board, respectively, for the purposes of this IGA. Nothing herein will be construed by either Party as a multiple fiscal year obligation as described
by Article X, Section 20 of the Colorado Constitution. 20. NO INTERFERENCE WITH PROJECT IMPLEMENTATION. The City will not conduct or knowingly approve any activity that would unreasonably
interfere with, impact or compromise the design, construction or operations of the Project (collectively, an "Impact"). Notwithstanding the foregoing, prior to engaging in, or permitting
others to engage in, any activity that may be an Impact, the City will provide written notice to RTD of the proposed activity. RTD will determine, in its sole discretion, if any such
activity constitutes an Impact. 21. MISCELLANEOUS. 15 of 18 Final Gold Line Corridor Intergovernmental Agreement -Wheat Ridge April 19, 2011
21.1 Merger. This IGA represents the entire agreement between the Parties with respect to the subject matter hereof and all prior agreements, understandings or negotiations will be deemed
merged herein. No representations, warranties, promises or agreements, express or implied, will exist between the Parties, except as stated herein. 21.2 Amendment. No amendment to this
IGA will be made or deemed to have been made unless in writing executed and delivered by the Party to be bound thereby. 21.3 Governing Law. This IGA will be interpreted and enforced
according to the laws of the State of Colorado, the ordinances of the City, the applicable provisions of federal law, and the applicable rules and regulations promulgated under any of
them. Venue for any action hereunder will be proper and exclusive in Jefferson County District Court, Golden, Colorado. 21.4 Term and Termination. This IGA will commence on the Effective
Date and will remain in effect until terminated in writing by the Parties or by court order. All All provisions of this IGA that provide rights or create responsibilities for the Parties
after termination will survive termination of this IGA. 21.5 Authority. The Parties represent that each has taken all actions that are necessary or that are required by its procedures,
bylaws, or applicable law to legally authorize the undersigned Signatories to execute this IGA on behalf of the Parties and to bind the Parties to its terms. 21.6 Severability. To the
extent that this IGA may be executed and performance of the obligations of the Parties may be accomplished within the intent of the IGA, the terms of the IGA are severable, and should
any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure will not affect the validity of any other terms or provision hereof.
21.7 Waiver. The waiver of any breach of a term hereof will not be construed as a waiver of any other term, or the same term upon a subsequent breach. 21.8 No Third Party Beneficiaries.
It is expressly understood and agreed that enforcement of the terms and conditions of this IGA, and all rights of action relating to such enforcement, will be strictly reserved to the
Parties hereto, and nothing contained in this IGA will give or allow any such claim or right of action by any other or third person under this IGA. It is the express intention of the
Parties to this IGA that any person or entity other than the Parties receiving services or benefits under this IGA be deemed an incidental beneficiary only. 21.9 Changes in Law. This
IGA is subject to such modifications as may be required by changes in city, state or federal law, or their implementing regulations. Any such required modification will automatically
be incorporated into and be part of this IGA on the effective date of such change as if fully set forth herein. 21.10 Independent Contractors. The Parties hereto are independent contractors
and not partners or jOint venturers of one another. 21.11 Conflict of Interest. No officer, employee or agent of RTD, nor any member of its Board, nor any member of Congress, nor any
other public official or employee of the governing body of the locality or localities included within the district, during his or her tenure, or for one (1) 160118 Final Gold Line Corridor
Intergovernmental Agreement -Wheat Ridge April 19, 2011
year thereafter, will have any personal pecuniary or property interest, direct or indirect, in this IGA or the proceeds hereof. 21.12 Paragraph Headings. The captions and headings set
forth in this IGA are for convenience of reference only and will not be construed so as to define or limit its terms and provisions. 21.13 Counterparts. This IGA may be executed in counterparts.
Signatures on separate originals will constitute and be of the same effect as signatures on the same original. Electronic and faxed signatures will constitute original signatures. 22.
NOTICES. Except as may be specifically required herein, all communications required by this IGA will be made in writing, via U.S. First Class Post, e-mail, or facsimile, to the following
individuals (or their delegates), who will be the project liaisons for their respective organizations: To the City: Copy to: To RTD: City of Wheat Ridge Steve Nguyen, PE, Engineering
Manager 7500 W 29th Avenue Wheat Ridge, Colorado 80033 Phone: (303) 235-2862 Facsimile: (303) 235-2857 e-mail: snguyen@ci.wheatridge.co.us XXXXXX Gold Line Corridor Engineering Project
Manager Ashland Vaughn, P.E. Regional Transportation District 1560 Broadway, Suite 700 Denver, Colorado 80202 Phone: (303) 299-6986 Facsimile: (303) 299-2452 e-mail: ashland.vaughn@rtd-fastracks.com
Project liaisons may be changed or additions made at the discretion of each Party by written notice to the other Party. IN WITNESS WHEREOF, the City and RTD have executed, through their
respective lawfully empowered representatives, this IGA as of the day and year above written. ATIEST: By: ___________ _ Michael Snow City Clerk CITY OF WHEAT RIDGE By: __ --:-_____ ---------Jerry
DiTullio Mayor, City of Wheat Ridge RECOMMENDED AND APPROVED: 17 of 18 Final Gold Line Corridor Intergovernmental Agreement -Wheat Ridge April 19, 2011
APPROVED AS TO LEGAL FORM FOR RTD: By: :-:-:--:-__________ _ Kate Iverson Associate General Counsel Date: ____________ _ By: P~a~tr~ic~k~G~o~ff~----------City Manager, City of Wheat
Ridge REGIONAL TRANSPORTATION DISTRICT By: -:-::-:-:----:----:-:-c----:--:--:-------Phillip A. Washington General Manager 180118 Final Gold Line Corridor Intergovernmental Agreement
-Wheat Ridge April 19, 2011
TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 12 Series of 2011 A RESOLUTION APPROVING A CONTRACT WITH THE REGIONAL TRANSPORTATION DISTRICT FOR THE CONSTRUCTION OF THE GOLD LINE
COMMUTER RAIL CORRIDOR, AS WELL AS ESTABLISHING THE LOCAL AGENCY CONTRIBUTION TO THE PROJECT WHEREAS, the City Council wishes to support the construction of the Gold Line Commuter Rail
Corridor; and WHEREAS, the City has negotiated a contract with the Regional Transportation District for the local funding of the Project; and WHEREAS, the negotiated contract outlines
the process for approving and constructing the project; NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. Contract Approved. The contract between the City
and the Regional Transportation District for construction of the Gold Line Commuter Rail Corridor is hereby approved and the Mayor and City Clerk are authorized and directed to execute
the same. Section 2.Effective Date ____ _ This Resolution shall be effective immediately upon adoption. DONE AND RESOLVED this __ day of _ _ ___ , 2011. Jerry DiTullio, Mayor ATTEST:
Michael Snow, City Clerk Attachment 2
Commissioners BRINKMAN and TIMMS presented a brief update on the 38th A venue Corridor Plan. B. Election of Officers Commissioner BUCKNAM was elected to serve as Chair of the Planning
Commission. Commissioner POND was elected to serve as Vice Chair. 8. ADJOURNMENT It was moved by Commissioner BUCKNAM and seconded by Commissioner POND to adjourn the meeting at 11:03
p.m. The motion carried 7-0. Richard Matthews, Chair Ann Lazzeri, Secretary Planning Commission Minutes 12 March 17.2011
, • < .' _ • City of pWheat~dge ITEMNO:~ DATE: April 25, 201 I REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPOINT DIANE TIPTON TO THE LIQUOR AUTHORITY BOARD o PUBLIC HEARING ~
BIDSIMOTIONS o RESOLUTIONS QUAsr-morCIAL: City Clerk ISSUE: o ORDINANCES FOR 1ST READING o ORDINANCES FOR 2ND READING DYES { I City Manager There currently is a vacancy in District IV
Dn the Liquor Authority Board. Council Members DeMott and Langworthy request that Diane Tipton be appointed to the Liquor Authority Board, term ending March 2,2012. FINANCIAL IMPACT:
None BACKGROUND: The District IV Representative, Richard Rotola, resigned in 2010. There has been a vacancy since this time. The City Clerk's Office received an application from Diane
Tipton, 4311 Tabor St, seeking to fill this position. RECOMMENDATIONS: Council Members DeMott and Langworthy recommend appointing Diane Tipton to the Liquor Authority Board. RECOMMENDED
MOTION: " I move to appoint Diane Tipton to the Liquor Authority Board, term to expire 3/0211 2." Or,
Council Action Form April 25, 2011 Page 2 "[ move to deny the appointment of Diane Tipton to the Liquor Authority Board for the following reason(s) " REPORT PREPARED BY: Bruce Roome,
Deputy City Clerk ATTACHMENTS: 1. Diane Tipton's Application
l Board d Commission A ii~'atroif =. S I (Board/-.; III mission/Com mittee) DATE: .3 -3D. dO II DISTRICT: J... l/---=--------HOW LONG HA VE YOU BEEN A RESIDENT OF WHEAT RIDGE: 30 {ARE
YOU A REGISTERED VOTER? )I e S WHY ARE YOU SEEKING THIS APPOINTMENT? T I J ~ 0-/(/-, 5ho" Id \tiC-lie.. S'C>~~ V'CfV'C-5eVl-ta.t-iOv) k>v 5oVV1e • I VJ.o '" 0 r-f 4-vvt· Cv :, +\1).
5· DO YOU HAVE EXPERIENCE IN THIS AREA? ""T'v-c. !;.;JOn.)::£' d 4 S <U \o""rtel'\cCY\. ()y Iu"';~y~> pan--/-t-ifh'-( . 0(.(; t\. .... J 0"'" ":Jinc-( T vP':> 2-J .. HA VE YOU EVER SERVED,
OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? ND ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDENCE OR DUTIES? No --:J:: ca
~ "VM""-", d.. rI-1o Y2 1"1,"'"1 Ses5 ionS SIGNATURE () Wfru I ~ PRINT NAME y ; t1.V1-e. L p I-v V) ADDRESS Lf '$ , I I t:\. '00 fL 'SJ-. LU la 8-"';\-" I dj I e HOMEPHONE 3D 3 · L1
> 1 -1 1o~"6 ( YlQ '1 c; d oY"t~-<;S) BUSINESS PHONE )0.3 -01 1 1-L-j <;0 ~ -e.,y t-. ,2, 1 E-MAIL ADDRESS d, aVle c-'SOD 33f>):j o..\nOD ' c.v rq APPLICATION WILL BE KEPT ON FILE FOR
ONE YEAR City Clerk's Office, 7500 W. 29th Ave., Wheat Ridge CO 80033