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HomeMy WebLinkAboutCouncil Packet 05/10/2010 6:30 p.m. Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING May 10. 2010 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 26, 2010 PROCLAMATIONS AND CEREMONIES • Planning Academy Graduation/Presentation • Proclamation for 2010 Natior")al Police 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 CITY COUNCIL AGENDA: May 10, 2010 Page -2-1. CONSENT AGENDA A. Motion to approve renewal and encumber funds for 2010 Activities Guide printing services to Publication Printers in the amount of $39,384. B. Contract Award to Complete Climate Control in the amount of $19,217 for the installation of the mechanical system for the Baugh House. C. Motion to approve the annual renewal for the MobileCop Computer System in the amount of $24,174 to Interact Public Safety Systems. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill 04-2010 -An Ordinance repealing and reenacting certain sections of Chapter 5 of the Code of Laws of the City of Wheat Ridge concerning the Building Code, the Mechanical Code, the Plumbing Code, the Property Maintenance Code, the Energy Conservation Code, the Residential Code, the Fire Code, the Fuel Gas Code and penalties for violation of the same. 3. Council Bill 05-2010 -An Ordinance amending certain sections of Chapters 5 and 21 of the Code of Laws of the City of Wheat Ridge concerning the licensing of contractors. 4. Council Bill 07-2010 -An Ordinance approving the sale of designated Park Land near the intersection of West 38th Avenue and Kipling Street, and, in connection therewith, approving an agreement. 5. Resolution 15-2010 -approVing a Special Use Permit to allow a Major Auto Repair Facility in a Commercial-One (C-1) Zone District on property located at 4395 Xenon Street. DECISIONS, RESOLUTIONS, AND MOTIONS 6. Resolution 21-2010 -amending the fiscal year 2010 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $20,966 as a matching contribution for funds raised by Wheat Ridge 2020 through December of 2009. CITY COUNCIL AGENDA: May 10, 2010 Page -3-7. Motion to approve award of the ITB-10-07 2010 Overlay Project to Brannan Sand and Gravel in the amount of $792,979.08. 8. Resolution 22-2010 -allocating the remainder of the City's 2007 Jurisdictional Allocation of Federal Community Development Block Grant Funds to the Wheat Ridge Housing Authority for the purpose of acquisition of a single family home to be rehabilitated and sold. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO April 26, 2010 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Councilmembers present: Karen Adams, Karen Berry, Joseph DeMott, Joyce Jay, Tracy Langworthy, Davis Reinhart, Wanda Sang, and Mike Stites. Also present: City Clerk, Michael Snow; City Manager, Randy Young; Deputy City Manager, Patrick Goff; City Attorney, Gerald Dahl; Director of Community Development, Kenneth Johnstone; Director of Public Works, Tim Paranto; Planner, Adam Tietz; Assistant to the City Manager, Heather Geyer; staff; and interested citizens. APPROVAL OF MINUTES OF April 12, 2010 Motion by Mrs. Sang for approval of the Minutes of April 12, 2010; seconded by Mr. Stites; carried 8-0. PROCLAMATIONS AND CEREMONIES Mrs. Wheat Ridge Karen Thaler read the proclamations and Mayor DiTullio presented them. • Presentation to Mayor's Public Art Donation Mayor DiTullio recognized Steve Huppert of Temple-Inland Foundation of Wheat Ridge who presented a donation in the amount'of $5,000 to to Joyce Manwaring in support of the Mayor's Public Art Project. The sponsored art sculpture will be installed at the park being constructed at 38th & Kipling. Tom Abbott thanked Temple Inland for their contribution. Diane & Kevin Robb also thanked Temple Inland and announced that the sculpture would be completed in time for the completion of the park construction late this summer. • Arbor Day & Tree City U.S.A. -April 29, 2010 Keith Wood, Community Forester from the Colorado State Forest Service, presented Wheat Ridge its 31 st Tree City USA Award, citing the specific criteria by which a City is awarded this honor. Rick Murray, Parks Manager for the City of Wheat Ridge, recognized Keith for his assistance throughout the year. All interested citizens are invited to participate in one of two tree-planting events to take place later this week as part of the Arbor Day celebrations: Thursday, April 29th 10am at Wheat Ridge Recreation Center and on Friday, April 30th , 10am at Anderson Park. CITY COUNCIL MINUTES: April 26, 2010 Page -2-• Mental Health Month -May 2010 Julie DiTullio, Board Member, and Mark Johnson with Jefferson Center for Mental Health, were present to accept the proclamation and spoke of the importance of mental health services in the community. • Building Safety Month -May 2010 Kenneth Johnstone accepted the proclamation of Building Safety Month, sponsored by the International Code Council, on behalf of the City of Wheat Ridge. • Celebrate Business in Wheat Ridge Week -April 26 -May 2, 2010 Ryan Stachelski, Randy Young, and Tom Ripp of Enterprise Wheat Ridge, were present to accept the City's proclamation and designation of Celebrate Business in Wheat Ridge Week. Ryan encouraged nominations for business of the year by visiting the City's website under the Economic Page for electronic forms. CITIZENS' RIGHT TO SPEAK Steve B/akes/eyfrom Orion Development, LLC, submitted and read a letter into the record regarding non-payment of work completed for WR2020 and urged Council to consider how taxpayer money is spent through WR2020 before they allocate another dime. APPROVAL OF AGENDA 1. CONSENT AGENDA A. Motion to appoint Scott Ohm to the Building Code Advisory Board, representing District II; term to expire 03/02/2011 . B. Motion to approve payment to Code ConSUltants International in the amount of $17,580 for March 2010 Contract Building Inspections. C. Motion to appoint the Mayor as the primary representative and the Community Development Director, or Designee, as the alternate representative on the Jefferson County Community Development Advisory Board. Consent Agenda was introduced and read by Mr. DeMott. Motion by Mr. DeMott for approval of the Consent Agenda; seconded by Mrs. Sang; carried 8-0. CITY COUNCIL MINUTES: April 26, 2010 Page -3-PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Resolution 19-2010 -approving a Special Use Permit to allow a Body Art Establishment in a Restricted-Commercial (R-C) Zone District on property located at 4330 Harlan Street. Resolution 20-2010 -approving a Variance to allow the amount of total floor area devoted to the residential use of the structure to exceed the amount of floor area devoted to the Commercial Use in a Restricted-Commercial (R-C) Zone District. (SUP-10-04 and WA-10-03/Fuks and Harris) Mayor DiTullio opened the public hearing. Resolutions 19 and 20 were introduced by Council Member Sang. Mayor DiTullio called for a five minute break at 7:35pm due to technical difficulties; to resume at 7:40pm. Adam Tietz presented the staff report. He entered a letter of protest into the record , which was submitted to the City of Wheat Ridge from a neighboring business owner, McKinley & Hill, signed by Harold K. (Buddy) Hill (amended to this packet). Marc Hansen, 4340 Harlan Street, employed by McKinley & Hill, spoke for Mr. Hill. He is against the approval of this special use permit. He argues that his business of 50 years, which sits next door to the proposed body art studio, would be detrimentally affected by this type of business. He requests that if the C9uncil does approve this request, that they consider to limit the allowed signage language at the site in order to minimize the stigma that may be inflicted to the neighboring businesses. Les Jorgensen, 4335 Gray Street, owns a property to the northeast of the proposed property, which is now rented by a daycare center. He is concerned that this type of business is not appropriate in a residential area or in the vicinity of a daycare. Sharon Galloway, 43rd and Gray, is concerned with the signage of a flashing neon sign indicating tattoos, but would be amenable to body art signage. Applicants 80 Fuks and Hillary Harris of Lakewood, explained that this will not be a tattoo "parlor", but a private studio. Mr. Fuks related his professional experience in body art. He is willing to have his sign read "body art" and not "tattoo". He is willing to close at 8pm to appease the neighbors. Ms. Ajarris pointed out that evening hours are often the only time clients can get body art service after work. He will operate only one of three pneumatic tattoo equipments in the State of Colorado, which is the only type of tattoo equipment that is sterilized in a standard autoclave. CITY COUNCIL MINUTES: April 26, 2010 Page -4-Mr. Dahl indicated tattoo and psychic reading businesses require special use permitting in order to afford a process for neighbors to such businesses have a forum to voice concerns or support for such businesses. Don Feltner is the seller of the property and indicated the property has been vacant for over two years and has been rapidly going downhill. Mayor DiTullio closed the public hearing. Special Use Permit Motion by Mrs. Sang to adopt Council Resolution No.19-2010, Case No. SUP-10-04, a request for a Special Use Permit to allow a body art establishment at 4330 Harlan Street for the following reasons: 1. This request for a Special Use meets all applicable conditions as required by Section 26-114 of the City of Wheat Ridge Code of Laws. 2. There will be no detrimental effect on health, safety, welfare, or convenience to the public in the area. 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property. 4. There will be no impact on the light, air, or water to adjacent property owners. 5. The special use will not create or contribute to blight in the neighborhood and will not over burden the capacities of the existing streets, parks, schools, and other public facilities and services. With the following conditions; 1. The special use for this establishment shall be issued to the applicant and may not be inherited. 2. The parking lot must be restriped to reflect 90 degree parking. 3. The SUP shall be consistent with the definition of a body art establishment as specified in City Code Section 26-123. 4. The business shall operate in compliance with all State and County regulations regarding safe and sanitary practice of body art, the safe and sanitary physical environment where body art is performed, and the safe and sanitary conditions of equipment utilized in body art procedures. 5. Approval from the Jefferson County Health Department must be obtained and submitted in order for the City of Wheat Ridge to issue building permits and a Certificate of Occupancy. 6. Multiple documented legitimate complaints for the business shall be grounds for initiating enforcement procedures of City Code Section 26-114(F). 7. Operation hours of the business shall cease by 8 p.m., Sunday through Thursday and 10 p.m., Friday and Saturday. 8. The number of artists allowed to perform work in this studio shall be limited to 2 as regulated by the Jefferson County Health Department. Seconded by Mr. Reinhart; carried 8-0. CITY COUNCIL MINUTES: April 26, 2010 Page -5-Variance Motion by Mrs. Sang to adopt Council Resolution No.20-2010, Case No. WA-10-03, a variance to allow the amount of total floor area devoted to the residential use of the structure to exceed the amount of floor area devoted to the commercial use on property zoned R-C located at 4330 Harlan Street for the following reasons: 1. There will be no detrimental effect on health, safety, welfare, or convenience to the public in the area. 2. There will be no impact on the light, air, or water to adjacent property owners. 3. The variance will not create or contribute to blight in the neighborhood and will not over burden the capacities of the existing streets, parks, schools, and other public facilities and services. 4. The character of the area will not be altered by the request. 5. The applicants are proposing a substantial investment in the property which would not otherwise happen if the variance is denied. 6. The variance will result in the accommodations for person with disabilities to be made. With the following conditions: 1. The area floor dedicated to the residence may not be increased either through the conversion of the studio to "livable space" or through the construction of additions to the structure that would be for residential use. 2. The structure may not be used wholly as a residential structure at any point. Seconded by Mr. Reinhart; carried 8-0. f ORDINANCES ON FIRST READING 3. Council Bill 07-2010 -An Ordinance approving the sale of designated Park Land near the intersection of West 38th Avenue and Kipling Street, and, in connection therewith, approving an agreement. Council Bill 07-2010 was introduced on first reading by Mr. Stites. Motion by Mr. Stites to approve Council Bill 07-2010 on first reading, order it published, public hearing setfor Monday, May 10, 2010 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 8-0. CITY COUNCIL MINUTES: April 26, 2010 DECISIONS, RESOLUTIONS, AND MOTIONS Page -6-4. Motion to award SOO-10-09 Design/Build Parks Signs to Gordon Sign in the amount of $25,000. Motion by Mr. Reinhart to approve SOO-10-09 Design Build Parks Signs to Gordon Sign, Denver, CO in the total amount of $25,000 to be charged to Open Space Fund 32, Acct. #32-601-800-862; seconded by Mrs. Jay; carried 8-0. CITY MANAGER'S MATTERS Mr. Young asked that Mr. Goff provide a budget update. Mr. Goff stated that this information had been forwarded to Council last Friday be e-mail, but he would like to repeat this for the public. Fund Balance for 2009 was about $2.6 million larger than expected. This was mainly accomplished by cut-backs on expenditures. 2009 expenditures were about $740,000 less than we estimated and the revenues came in at about 1.9 Million more than expected. Most of the variances and revenues were because of the services provided for building permits and building use tax and plan review fees for work related to the July 20 storm. ELECTED OFFICIALS' MATTERS Mr. Reinhart addressed forming a council committee to exercise a study on the effectiveness on staffing and the pay scales on persons within the administration. He would like 2 volunteers to join him in this exercise. Ms. BerN and Mrs. Sang agreed to be part of the committee. Mr. DeMott expressed his condolences on the passing of Tom Douglas. Meeting adjourned at 8:42p.m. Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON MAY 10, 2010 BY A VOTE OF __ to __ Davis Reinhart, Mayor pro tern The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e. they 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. • City of • -rWheat~ge ITEM No:lA-, DATE: May 10, 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE RENEWAL AND ENCUMBER FUNDS FOR 2010 ACTIVITIES GUIDE PRINTING SERVICES TO PUBLICATION PRINTERS IN THE AMOUNT OF $39,384 D PUBLIC HEARING [:gJ BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR I ST READING D ORDINANCES FOR 2ND READING DYES [:gJ NO CityU :J'1 The Parks and Recreation Department is requesting an encumbrance of funds to pay for the printing of the activities guide. Total yearly expenditures will exceed $15,000. Encumbrance of these funds will facilitate a prompt payment process to the vendor and approve the third and final renewal option for activity guide printing services. All terms and conditions remain the same. Pricing increases may reflect a change in specifications and cost of materials. Renewal is through Febmary 25, 20 II. PRIOR ACTION: The approved 20 I 0 Budget includes funding for printing of the activities guide. FINANCIAL IMP ACT: $19,692 was appropriated in the Recreation Center Fund budget, account #64-607-650-654 and $19,692 was appropriated in the General Fund, account #01-602-650-654. BACKGROUND: The Parks and Recreation Department distributes three activity guides annually. A summer, fall and winter/spring issue of the guide is mailed to all Wheat Ridge residents. The guide is the primary marketing tool the Recreation Division uses to promote various classes, programs, V:\Forms\CAFtemplate Council Action Form May 10,20 10 Page 2 special events, the Recreation Center, the Senior/Community Center and parks. Some form of an activities guide has been printed since the City's incorporation. As the Recreation Division grew and programs expanded, the size and content of the guide also increased. This is the final year of the renewal of the bid awarded to Publication Printers in 2007 -RFB-07-II. The original bid was $35,336. An increase in cost of $4,347 has occurred for a total cost of $39,384 due to (I) an increase in the number of color pages throughout the guide in addition to the front/back cover and (2) paper and printing cost increases. RECOMMENDATIONS: Staff recommends that the City Council approve the encumbrance of$39,384 to Publication Printers for the printing of the activities guide in 20 I O. RECOMMENDED MOTION: "I move to encumber funds to Publication Printers, in the amount of $39,384. ($19,692 to be charged to the Recreation Center Fund account #64-607-650-654 and $19,692 to be charged to the General Fund account #01-602-650-654)." Or, "I move to deny the encumbrance of funds to Publication Printers for the following reason(s): " REPORT PREPAREDIREVIEWED BY: Julie Brisson, Recreation and Facilities Manager Joyce Manwaring, Parks and Recreation Director Reviewed by Linda Trimble, Purchasing Agent ATTACHMENTS: I. Vendor proposal Publication Printers 2001 S Plaue Rlvcr Dr [).:,wcr, Colorado 80223 (jOl) 936·0;03 Fi!.\ PC) (,48·5760 .S3 1 ~1ilpllbhc"lJoUprnllm com Qual iry Web Printing Proposal CITY OF WIIEAT RIDGE for 7500 W. 29th Ave. Date: 411 5/20 I 0 Estimate #: 67 150251 Issued #: 94523 Wheat Ridge, CO, 80033 Page: Contact: Linda Trimble Sales Rep: Office: (303)235-2811 ext: Fax: (303 )234-5924 E-mail: Job Description : Acti vi.ies Guide (64pg self cover) Quantities: 25 , 0~0~0~ _ Page Count: Prepress : Proofs: Digi.al Press Text Ink: 4/C Process Text Paper: JS" 50# #3 Offset Bindery : Sadd le Stitch, 8.375 x 10875, Plast ic Bander Pac kaging : Skid Pack (Doesn'. Include Boxes) Details: Price includes Carrier Route Sort 011 17,500 Incl udes bundles of 50 Delivery: 5 Metro Denver Post office drops Pricing: Customer #: Quantity 25,000 Base Price $12,504. t3 Add'I1 ,OOO (for increased quantities only) $371.50 Proposal Terms & Conditions , Digital (Online) Magazines available at $4.00 per page Laminating available at $125.00 per 1,000 copies + setup (min. cover weight of 80#) Page I of2 Garelik, Jacob 8300 Publication Prinlen COfP. conduclS buslnoss In OCCOI'danc;e With lhc slandard! and (rad. cusloms geneml:y actepled in the printino industry AS speafied by the Nationol Association of Printers and UlhographtHS and the Printing Industries 0' Amerita Mail prices do not indUde postage, foreign mail or nsf purchaSoeS, Prices lIalid for 30 days from 8Ool/e proposal date. Job muse print within !hiS JO day lime penod 0( prices R'IIIY be subject 10 chance Prlcos Ot> not IIIdude sales laIC. Pubtication Printarsls obligated to eo!:eel s~le $ lax for the sllltes of Color~, California end washington. Sales lax Is assessed by point 01 exchange. NOTE: ElftClronic Prepren SeNius &rid proofs as specilled afe IIIduded., OIJr Iluotod plices. Prlt.ing IISSumOS lila! yourmes Mil be 'print ready'. !,hal no I~I! rnanipulali(Jn wHl be ileuSliar)' tl the flies need additional wMt. PPC witt contact you ir the additional work wi. cost Oller $250.00. Fixes LIIIderthe $250.00 cap wilt be maue Wllhout no/iricalion nnd billed to you on your nnal inl/olce wilh an eICplanat10n 01 work pCl1ormCi1. II you wisn to perform th" additiaoal wor1I: or YOIlf files are missi~ graphics and/or fOllls you will be charged It $50.00 rep'ocessing fee. ClAIMS: AI dams for defective or damaged goods or for S/'IOrht(ItJs must be made In WIding within twcn!y days After the r!!Oll!pl: of goods. CuSlomefs !aiuI.lo do so shall con.s(jlute Irrevocable acceptance 01 the goods.-xt a waiver of any dared., damaga 01 5hortage. The Iiabi.11.y of the pnnIer sha! ba fimiled to !he qOOl.ed price per copy of any deledJlIl!!I goods, and in no evenllndude spadal Ofa)llll8queolial d1wges.. Claims of inlIOicII discrepanciell mUlit be mitda in writing WlIhin 30 day~ of invotC41 date, An ol/eM,m Of underrul 013% 5hall coMlilute an acceptable deill/ery. AIId shaU be blled aCCOrding 10 the actuailluantily delivered. PapCit' price irn;rea..'18s: Should PubWca1ion Prin~ Corp. receive notice 01 a papct price /nc::nc::rease WIthin lhe 30 day Urne period. lhe prlc:a may be subjecl lo ctmog • . Freight: "no specific delil/etY location is listed, prices baS&d on FOB Pu!:Jlcatiofl PrinIOfl Corp. doc;k (FOB 001 Oocle). F'eishi costs are IPPto.ximale and cannot be guanmteed. Uriess otherwise specified on Ihfs Proposal. freight is quoted dock to ckX:k and addilional c:haIDDS may apply. Pa~ 11!Im$: You will be notified In wrtUng 01 paymenll9ffl11 by the Publication Prinlers Col'p. C(edIt Depllflmlnl Fai/ur.lo provide ctedif applicalJOfI and gain ctecfittetms by lhe Ume files for' job arrive may result \"I tetnUI 01 100% 0( proposal price with filel, balanOH are: COD before lha job Is delivered, ma~ed or picked up. ATTACHMENT 1 ! I: I Publication Printers 2001 S. Plane Rlv(r Dr Oem er, Colorado 8022J (:,03) 9.16·0]C3 F3~ (03) 6i8·i760 o;alestWlXlblicallOJlpntllCls.com Proposal CITY OF WHEAT RIDGE for 7500 W. 29th Ave. Whea, Ridge, CO. 80033 Contact: Linda Trimble Office: (]03)1J5·28 I I ext: E-mail Fax. (303)234·5924 Job Description: Activities Ouid.:: (72pg sell' covel) Quantities: 25,000 pagecoun~/Prepress: PfiJl1ReaYflks Proofs: Digital Press Text Ink: 41C Process Text Paper: 17.5" 50# #] Offset. 35" 50# #3 Offse, Bindery: Saddle S,i 'ch, 8.375 x 10.875, PI.>! ,c Bander Packag ing: Skid Pack (Doesn't Includl! Box(!s) Details: Price includes Carrier Route Son on 17.500 Includes bundles or 50 Delivery : 5 Metro Denver Pos' office drops Pricing: Quality Web Printing Date: 4/15/2010 Es tim a te II: 67150251 Iss ued #: 94523 Page: Sales Rep: Customer #: Page I 01'2 Gnrelik, Jacob 8300 Quantity 25,000 Base Price $1 4,374.84 Add'I1,OOO (for increased quantities only) $423.79 Proposal Terms & Conditions Digital (Online) Magazines available at at $4.00 per page Laminating available at $125.00 per 1,000 copies + setup (min. cover weight of 80#) Putl"r:.aOon Prin1er.!! corp. comlucis businC!lls in IJCCOld3nce with me s1andards antl1rade customs genem' ~ accepted In 1ho printmg intlusuy as speGinOO by Ihe National Assoclallon of Printers and LJthographers and tile Prinling Induslries of America Mall prices do nOl Indude posta~e. foreign mail or list purchases. Ptices valid for 30 davS from above proposal dale Job musl prinl WllhWl1l11S 30 dOiy bme pened or prices may be subjecllo change. Prices do not indude sales leI:. Publication Prlol"u. ~ oDf.gat<:d 10 coiled saies l al: fer the stath 01 C<:lorado, Califomia and Washington Sales lax Is asseu~ by point of exchallge, NOTE: B~onic PrepreSi SeroIiCes and proofs as specified are ~ded In our quel!!::! JHICeS PRcmg assumes that yout ~les wiD be 'prllll roady". thai no I~e manipulalion will be necessary. If !he flies netKI additional WOI'1I.. PPC wi_ conrad you If the add~,onal wof1I will tost over $250.00. Fi~ under Ihe $250.00 cap will be llIade withoul notirlCCllion and bIIed to you on your final inllOice wilh An explanabon of wort perfQfme(! If you WIsh 10 per10rm the addilional wort or your files are mis.sing graphiCs sod/Of" fonts you wi. be mar'(led a $50.00 reprocessing lee Cl.AJMS: All clams for deledlve or damaged goods or for shortages must be made In wrltfflg wi"UIin lwanly d~ af\er the receipl ct goods. Customt'!r's lallura 10 do 50 $flail coosUtute ilTevocatMe lIcc:epl8nce of Ihe goods and a waillef of any detcci. d3lOago or shOftagtl. Tile liability of be priMer shall be lmited 10 the quoted pIa ~I copy of any dcfecrive goods, lind k'I no even( indude spedal or ccnsequenliat chlllllel. Oa~n$ at inv0ic8 lIiscrepancies must be mado In writing WIthin 30 days. of inllOice dat •. An owrrun 01 undell\ll 01 3% shall ooos\ilule an acceptable de!ive<y. and shall tie oiled 3t".cordlng \0 Vle ocIual quantity deivereG Paper pricl flauses; Should Pub!lealioo PnntefS COI"p_ receive nolice at It pllpf!:r price: .ncrea'!le 'M\lIln tile 30 day lime period. U'Ie prices may be sub)ecIIO change Freight: 11 no specific deUVflty locahon is IISled. prk.es based on FOB Publication rnnters Corp. dodl (FOD o..r Dock) Freight co,ts nrc approximate and cannol be guaranleed Urot~s olhl!lWlse spedlitld 01"' Ihis Proposel. Irelghl Is quoted doellio docIr; end eddlllOnal charges ma,. apply Paymenllenns· Yoo will be nolllie<!'n wrilmg 01 pavmefll lermS by 1M Publlcauon Prmtors Corp. Credit Depar1menl. Failure 10 provide crlKlll apptic;allon and gain aelii1 tetmli b" the time r~es lor Job OIrive mlr)' resull in terms of 100% of proposal priee wflh 'iles, balanals ate COO before tile job is delivered, mailed or prcltlKl up. City of , WheatRl-dge ITEM NO: ~33 , DATE: May 10, 20 I 0 REQUEST FOR CITY COUNCIL ACTION TITLE: A CONTRACT AWARD TO COMPLETE CLIMATE CONTROL IN THE AMOUNT OF $19,217 FOR THE INSTALLATION OF THE MECHANICAL SYSTEM FOR THE BAUGH HOUSE D PUBLIC HEARING [8J BIDSIMOTIONS D RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING D ORDINANCES FOR 2ND READING D YES D NO City Man.£er The Baugh House, located at 11361 West 44th Avenue, was purchased in 1997 for the purpose of restoring the existing 1860's log cabin located in the interior of the house, as well as the interior and exterior restoration of the Victorian era house itself. The funding for this phase of the project is provided by a grant from the Colorado State Historical Fund and matching funds from the City of Wheat Ridge General Fund and Open Space Fund. This grant is the fifth grant to date on the project. Completion of this fifth and fmal phase will allow the City and Wheat Ridge Historical Society to apply for designation for this property on on the National Register of Historic Places. The City currently has two other locations listed on the National Register; the Wheat Ridge Sod House and the Richards-Hart Estate. The Baugh House Restoration project is currently under construction. Contracts were awarded for the interior restoration and electrical scope of work in October of 2009. This contract award is for the installation of the mechanical scope of work. Contractors were prequalified and attended a scheduled walk through. Two quotes were received. Staff recommends award to Complete Climate Control based on qualifications and pricing. V:IFormslCAFtemplate Council Action Form May 10,2010 Page 2 PRIOR ACTION: City Council has approved submitting an application for four of the five grants. City staff has administered three of the four prior grant awards. The city is currently administering the fifth and final grant to complete the restoration of the house. The application for this grant was submitted to the State Historical Fund in the spring of 2008. Notification of award was received in the fall of 2008, and the City received the contract to proceed with the grant in the summer of2009. City Council approved matching funds for the grant as part of the 2008 budget appropriation. Therefore, the appropriation for this project was carried over from the 2008 budget to the 2009 budget. City Council also approved the placement of an environmental covenant on the property as part of the acceptance of the grant funds. This covenant restricts use of the property for any purpose other than the intended use as stated in the grant for a term of 20 years. City Council also approved transfer ofthe Jefferson County Open Space Reverter Clause from the 38th and Kipling future park site to the Baugh property which further encumbers this property for Park and Recreation purposes only. FINANCIAL IMP ACT: Funding for the fifth and final phase of the Baugh House restoration is being provided by a Colorado State Historical Fund grant in the amount of$135,000. The City has appropriated the required funding match for the final grant in the amount of $45,000 from the City of Wheat Ridge General Fund and Open Space Fund. I BACKGROUND: The Baugh House restoration funding to date has been provided by four grants totalling $218,695. from the Colorado State Historical Fund. The required matching funds amount of 25% or $75,000 for these four prior grants were provided through a private donation to the Wheat Ridge Historical Society. The City is currently administering the fifth and final grant to complete the restoration of the Baugh House. RECOMMENDATIONS: Staff recommends award of the contract contract to Complete Climate Control based on qualifications and pricing. RECOMMENDED MOTION: "I move to award a contract to Complete Climate Control in the amount of $19,2 17 for the installation of the mechanical system for the Baugh House to be charged to account #01-603-800-812." Or, Council Action Form May 10,2010 Page 3 "1 move to deny a contract award to Complete Climate Control in the amount of $19,217 for the installation of the mechanical system for the Baugh House for the following reason(s) " REPORT PREPARED BY: Joyce Manwaring, Director Parks and Recreation ATTACHMENTS: I. Bid Sheets · , .' . '. City of ·rY("WheatB.-;L.dge ~ARKS AND RECREATION City of Wheat Ridge Parks & Recreation Administration 4005 Kipling SI. Wheat Ridge, CO 80033-4 125 P: 303.231.1 300 F: 303.231. 1350 BAUGH HOUSE -MECHANICAL BID SHEET Mechanical System: Provide and install one-zone hydronic heating system with gas-fired. high-efficiency boiler (side-vented through north wall of mechanical room). piping shall be "Wirsbo" (or equal) installed per manufacturers' directions, system shall adhere 10 Baugh House Mechanical Specifications and all addendum(s) provided. System shall be warranted for one year. Product literature (manufacturers' spec sheets on each element) and shop drawings of system components and equipment (showing all the elemenls and their location/order in the system) shall be provided to owner for approval by owner's mechanical engineer prior to proceeding with the work. TOTALAMOUNTOFBID$_~~69)_D__~__ . D_c _ )_ ___________________________ _ WRITTEN OUT AMOUNT OF BID /w€:N1'{ E 16 H /THOU s,A;t....sD DOL-LA)Z. S Authorized Name & Title ....=::"':-""'-.:....!... _ =..:=-":::c.:....!....:.-'-:'-'7'::-p:.. ..:....~.=.'3::c.;.\ "'-D....:ei:::.:N.....:...\.:...... _________ _ Authorized Signature, __ --6,L..::::::..:::.!::!:Y--II-#-..K.:.st?-f-________________ __ To bid on this work. complete this BID SHEET and submit it in a sealed envelope labeled to: "BAUGH MECHANICAL" Joyce Manwaring Director of Parks and Recreation Wheat Ridge Recreation Center 4005 Kipling Street Wheat Ridge, Colorado 80033 Close-of-bidding deadline is 5:00pm Thursday, April 22nd 2010 and all bids must be delivered to the front desk of the Wheat Ridge Recreation Center by this close-of-blddlng deadline. No bids will be accepted after the close-of-bid deadline. All bidders will be notified by email as to the results of the bid award. ATTACHMENT 1 www.ci.wheatridge.co.us I , , , ~' • • City of -~ WlieatB..:!9ge ~)A RKS AND RECREATION City of Wheat Ridge Parks & Recreation Administration 4005 Kipling Sl. Wheat Ridge, CO 80033-4 125 P: 303.231.1300 F: 303.23 1.1 350 BAUGH HOUSE -MECHANICAL BID SHEET Mechanical System: Provide and install one-zone hydronic heating system with gas-fired, high-efficiency boiler (Side-vented through north wall of mechanical room), piping shall be "Wirsbo' (or equal) installed per manufacturers' directions, system shall adhere to Baugh House Mechanical Specifications and all addendum(s) provided. System shall be warranted for one year. Product literature (manufacturers' spec sheets on each element) and shop drawings of system components and equipment (showing all the elements and their location/order in the system) shall be provided to owner for approval by owner's mechanical engineer prior to proceeding with the work. Authorized Name & Title _1r..:.:C'="\"'i:..o!f-_S=.., :,+t>""iJJ.Lle~, ...... _S=-· ~~c.",-r-"dc"",o..::..:l"-I'-Tl-----------Authorized Signature ~~ ~ To bid on this work, complete this BID SHEET and submit it in a sealed envelope labeled to: "BAUGH MECHANICAL' Joyce Manwaring Director of Parks and Recreation Wheat Ridge Recreation Center 4005 Kipling Street Wheat Ridge, Colorado 80033 Close-ot-bidding deadline is 5:00pm Thursday. April 22nd 2010 and all bids must be delivered to the front desk of the Wheat Ridge Recreation Center by this close-of-bldding deadline, No bids will be accepted after the cloSEHlf-bid deadline. All bidders will be notified by email as to the results of the bid award. • • City or ? WheatRL.dge ITEM NO: ~ C. I DATE: May 10,20 10 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE ANNUAL RENEWAL FOR THE MOBILE COP COMPUTER SYSTEM IN THE AMOUNT OF $24,174 TO INTERACT PUBLIC SAFETY SYSTEMS o PUBLIC HEARING ~ BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING o ORDINANCES FOR 2ND READING QUASI-JUDICIAL: 0 YES ~ NO -g~~.~~ ISSUE: The annual renewal of licensing and support of the existing MobileCop Computer System is necessary to maintain the software and officer productivity tools in the field for the Police Department. The annual renew of licensing and support will cost $24,174 which has been approved in the 2010 IT Budget. PRIOR ACTION: The contract was previously approved by Council in 2009. FINANCIAL IMPACT: $24,174 is budgeted for 20 lOin the IT Budget. BACKGROUND: The proposed annual renewal of licensing and support of the existing MobileCop Computer System is necessary to maintain the software for the police department and public safety. The annual renew of licensing and support will cost $24,174, of which the funds have been approved in the 20 I 0 IT Budget. This package is all inclusive for licensing and all technical support services. It includes software upgrades and bug fixes and patches, plus technical support to implement these software enhancements and fixes. V:IFormslCAFtemplate Council Action Form May 10, 2009 Page 2 Currently, these software tools allow the officers to query background checks, DMV registration, Computer Aided Dispatch and other law enforcement criminal databases (State NC1C) from their patrol vehicles. The continued renewal of the annual licensing and support contract is a strategic move to maintain and keep the MobileCop software system up to date. This will be advantageous to the City's Information Technology Division allowing for support and maintenance to be proactive. RECOMMENDATIONS: Staff recommends approval of the annual renewal for the MobileCop Computer System. RECOMMENDED MOTION: "I move to approve the support and licensing renewal for the MobileCop Computer System to interAct Public Safety Systems in the amount of $24,174. Or, "I move to postpone indefinitely the renewal of the MobileCop Computer System to InterAct Public Safety Systems for the following reason(s) " REPORT PREPARED AND REVIEWED BY: Michael Steinke, IT Manager Patrick Goff, Deputy City City Manager ATTACHMENTS: 1. InterAct Invoice fiJlnterAct "~, PUBLIC SAFETY SYSTEMS Bill To: City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge CO 80215-6713 Attn: A TIN: Accounts Payable Maintenance: Service From: 4/1/2010 Maintenance: InfoServer Servlcl} From: 4/112010 Maintenance: StatelNCIC Interface Service From: 4/1 /2010 Maintenance: MoblleCop, LAN Service From: 4/1/2010 Maintenance: Mag Stripe Reader Servlco From: 4/112010 Please Remit Payments To: Accounts Receivable PO Box 671713 Dallas, TX 75267-1713 For Questions: (336) 397·5317 To: 3/31 /2011 To: 313112011 To: 313112011 To : 3/31/2011 To: 313112011 ATTACHMENT 1 Invoice $5,373.00 SI2.690.00 $2,421 .00 $3,240.00 $450.00 • , City of !p"WheatRL.dge ITEM NO: Q, DATE: May 10, 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 04-2010 AN ORDINANCE REPEALING AND REENACTING CERTAIN SECTIONS OF CHAPTER 5 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING THE BUILDING CODE, THE MECHANICAL CODE, THE PLUMBING CODE, THE ENERGY CONSERVATION CODE, THE RESIDENTIAL CODE, THE FIRE CODE, THE FUEL GAS CODE AND PENAL TIES FOR VIOLATIONS OF THE SAME D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (April 12, 2010) [gJ ORDINANCES FOR 2ND READING (May 10,2010) QUASI-JUDICIAL: DYES [gJ NO ISSUE: The proposed ordinance would adopt the 2006 versions of the International Building Code, the International Mechanical Code, the International Plumbing Code, the International Energy Conservation Code, the International Residential Code, the International Fire Code and the International Fuel Gas Code, with administrative and technical amendments to each of the codes. The ordinance also amends the current building permit fee schedule. PRIOR ACTION: The proposed amendments were reviewed at a City Council study session on March I, 20 I O. The proposed amendments have also been reviewed by two citizen task forces. A City Manager appointed task force met 3 times in 2009 and made recommendations on the 2006 codes to be adopted and in January of201O, a Mayor appointed task force convened to review the proposed 2006 codes and made recommendations to City Council that were reviewed at the March I study session. Both task forces received consulting support from Steve Thomas with Colorado Code Council Action Form May 10,2010 Page 2 Consulting (CCC), a recognized expert in the field of building codes and enforcement. The 2006 codes with amendments have also been presented to the City's licensed building contractors and the City's appointed Building Code Board of Appeals. Based on City Council action at I Sl reading, the ordinances published for public hearing have removed all references to "planning permits". Also, the International Residential Code has been amended to fi.llly exempt exterior cladding replacement from permitting requirements. FINANCIAL IMPACT: The ordinance proposes to reduce the base building permit fee from $30.50 to $26.50 (13% reduction), which will have an estimated financial impact of the City of approximately $75,000 annually. Previously in 2009, City Council approved an ordinance establishing reduced set fees for various small residential building permits, such as furnace and hot water heater replacements. The current ordinance would also establish reduced set fees for window replacement permits. Based on City Council direction at the March I study session, we have adopted a new fee schedule for different categories of floodplain permits, which is an administrative approval. BACKGROUND: The City is currently operating under the 2003 International Codes, with local amendments. Nearly all communities on the Front Range have now adopted the 2006 International Codes. Over the course of the past 18 months, the City has been considering adoption of the 2006 International Codes, with amendments as appropriate for the City of Wheat Ridge. Based on the Building Division Assessment that was developed with the help of CCC and a citizen task force in 2009 and the Mayor's Task Force, which was convened in early 2010, we believe we have an ordinance that reflects the needs ofthe 'conununity. Amendments that are included in the ordinance include the following. • Base fee has been reduced from $30.50 to $26.50 • New plumbing schedule establishing at what occupancy separate sex toilet facilities are required • Exemption for residential exterior siding replacement • 2006 International Property Maintenance Code removed from ordinance • Ventilation Section from 2009 International Mechanical Code inserted into 2006 Mechanical Code RECOMMENDATIONS: Adoption of the 2006 International Codes has had input from a number of valuable sources, including two citizen /contractor task forces, the broader contractor community and City Council through study sessions. The proposed ordinance contains amendments that bave been tbe consensus recommendation of those citizens and elected officials. Staff recommends adoption of Council Bill No. 04-2010 on 2nd reading after conducting a public hearing. Council Action Fonn May 10, 20 10 Page 3 RECOMMENDED MOTION: "I move to approve Council Bill No. 04-2010, an ordinance repealing and reenacting certain sections of Chapter 5 of the Code of Laws and adopting the 2006 International Codes by reference, on second reading and that it be effective August 1,20 10. Or, "I move to table indefinitely Council Bill No. 04-2010 for the following reason(s) ____ " REPORT PREPARED BY: Kenneth Johnstone, Community Development Director John Schumacher, Chief Building Official A TT ACHMENTS: 1. Council Bill No. 04-2010 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES Council Bill No. 04 Ordinance No . .,--,--__ Series 2010 TITLE: AN ORDINANCE REPEALING AND REENACTING CERTAIN SECTIONS OF CHAPTER 5 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING THE BUILDING CODE, THE MECHANICAL CODE, THE PLUMBING CODE, THE PROPERTY MAINTENANCE CODE, THE ENERGY CONSERVATION CODE, THE RESIDENTIAL CODE, THE FIRE CODE, THE FUEL GAS CODE AND PENALTIES FOR VIOLATION OF THE SAME WHEREAS, the City Council ("Council") of the City of Wheat Ridge, Colorado ("City") has authority to enact ordinances for the protection of public health, safety and welfare; and WHEREAS, the City of Wheat Ridge Home Rule Charter ("Charter") Section 5.16 provides that standard codes promulgated by any recognized trade or professional organization may be adopted by reference; and WHEREAS, exercising this authority, the Council has determined that it is in the best interest of the City to adopt the 2006 promulgated versions of the International Building Code, the International Mechanical Code, the International Plumbing Code, the International Property Maintenance Code, the International Energy Conservation Code, the International Residential Code, the International Fire Code and the International Fuel Gas Code; and WHEREAS, the Council wishes to amend certain sections of Chapter 5 of the Code of Laws of the City of Wheat Ridge ("Code") to incorporate the 2006 versions of the above-referenced codes .. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 5-76 of the Code is repealed in its entirety and reenacted to read as follows: (a) Adoption. The International Building Code, 2006 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the building construction code of the City of Wheat Ridge. One copy of said International Building Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such Code is adopted in full, including the outline of contents, index and appendices contained herein. ATTACHMENT 1 (b) Amendments. The International Building Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2006 International Building Code. 101.1 Title. Amend to read in its entirety: 101.1 Title. These regulations shall be known as the Building Code of the City of Wheat Ridge, hereinafter referred to as "this code." 105.1.1 Annual permit. Delete entire section. 105.1.2 Annual permit records. Delete entire section. 105.5 Expiration. Amend to read in its entirety: 105.5 Expiration. Every permit issued by the code official under the provisions of this code shall expire one year (365 days) after the date of issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 106.1 Submittal documents. Amend to read in its entirety: 106.1 Submittal documents. Construction documents, statement of special inspections and other data shall be submitted in three (3) or more sets with each application for permit. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with this code. 106.3.1 Approval of construction documents. Amend to read in its entirety: 106.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing writing or by stamp, as "Approved Subject to Field Inspections -Wheat Ridge Building Dept.". One set of construction documents so reviewed shall be retained by the building official. One set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. 2 108.2 Schedule of permit fees. Amend to read in its entirety: 108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable goveming authority. The permit fee shall be established as setforth in Table 1-A. 108.3 Building permit valuations. Amend to read in its entirety: 108.3 Building permit valuations. The applicant for a permit shall provide an estimated project valuation at the time of application. Permit valuations shall include the value of all work, including foundation work, structural and nonstructural building components, electrical, plumbing, mechanical and interior finish materials. Project valuation shall be calculated by the Building Division based on data published on the City website, and the higher of the applicant stated valuation and the division calculated valuation shall be used to determine building permit fees. Final building permit valuation shall be set by the building official. 108.6 Refunds. Amend to read in its entirety: 108.6 Refunds. The code official shall authorize the refunding of fees as follows: 1. The full amount of any fee paid hereunder that was erroneously paid or collected. 2. Not more than 100 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 4. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled after initiation of any plan review effort. Note: The code official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. 112 Board of Appeals. Amend to read in its entirety: 112 Board of Appeals. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of 3 Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. 113.4 Violation penalties. Amend to read in its entirety: 113.4 Violation penalties. Any person or entity who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 114.2 Issuance. Delete entire section. 114.3 Unlawful continuance. Rename and amend in its entirety: 114.3 Issuance and unlawful continuance. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, or visibly posted at the work site. The notice shall state the conditions under wlilich the work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than 1000 dollars. 1101.2 Design. Amend to read in its entirety: 1101.2 Design. Buildings and facilities shall be designed and constructed to be accessible in accordance with this code and ICC A117.1-2003 Edition 1209.2 Attic spaces. Amend to read in its entirety: 1209.2 Attic spaces. An opening not less than 20 inches by 30 inches shall be provided to any attic area having a clear height of over 30 inches. A 3D-inch minimum clear headroom in the attic space shall be provided at all points directly above the access opening. The finish opening dimensions of attic accesses shall be a minimum of 20 inches by 30 inches. 4 1502 Definitions. Add the following text under the definition of "ROOF DECK": Solidly sheathed deck shall be defined as decking consisting of APA approved wood structural panel sheathing. Closely fitted deck shall be defined as decking consisted of APA approved wood structural panel sheathing or lumber sheathing conforming to the requirements of Tables 2304.7(1) through 2304.7(S) in which no gap between members exceeds one-half of one inch. Spaced decking shall be defined as lumber sheathing conforming to the requirements ofTables 2304.7(1) through 2304.7(S) in which any gap between members exceeds one-half of one inch. 1507.2.7 Attachment. Amend to read in its entirety: 1507.2.7 Attachment. Asphalt shingles shall be attached with a minimum of 6 nails per shingle or as specified by the manufacturer, whichever is more restrictive. Where the roof slope exceeds 20 units vertical in 12 units horizontal (167 percent slope) special methods of fastening are required. Special fastening methods shall be tested in accordance with ASTM 0 3161, Class F. Asphalt shingle wrappers shall bear a label indicating compliance with ASTM 0 3161 , Class F. 1S07.2.8.2 Ice dam membrane. Amend to read in its entirety: 1507.2.8.2 Ice dam membrane. Ice dam membrane complying with ASTM 01970 shall be required in lieu of normal underlayment at roof eaves and shall extend from the eave edge to a point at least 24 inches inside the exterior wall line of the building. Exception: Detached structures and attached garages that contain no conditioned floor area. 1805.1 General. Amend to read in its entirety: 1805.1 General. Footings shall be designed and constructed in accordance with Sections 180S.1 through 180S.9. Footings and foundations shall be built on undisturbed soil, compacted fill material or CLSM. Compacted fill material shall be placed in accordance with Section 1803.S. CLSM shall be placed in accordance with 1803.6. All footing and foundation systems for additions and new structures shall be designed by a State of Colorado structural structural engineer and submitted plans for these systems shall be wet-stamped by the engineer of record at the time of permit application submission. The top surface of footings shall be level. The bottom surface of footings is permitted to have a slope not exceeding one unit vertical in 10 units horizontal 5 (10 percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footing or where the surface of the ground slopes more than the one unit vertical in 10 units horizontal (10 percent slope). 3109.3 Public swimming pools. Amend to read in its entirety: 3109.3 Public swimming pools. Public swimming pools shall be completely enclosed by a fence at least 60 inches in height or a screen enclosure. Openings in the fence shall not permit the passage of a 4-inch-diameter sphere. The fence or screen enclosure shall be equipped with self-closing and selflatching gates complying with section 3109.4.1.7 Gates. 3109.4.1 Barrier height and clearances. Amend to read in its entirety: 3109.4.1 Barrier height and clearances. The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, and the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches. Appendix I: Patio Covers. Appendix I is adopted in its entirety to set forth requirements not otherwise covered in other areas of the code for Patio Covers. Section 2. Section 5-78 of the Code is repealed in its entirety and reenacted to read as follows: (a) Adoption. The International Mechanical Code, 2006 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the mechanical code of the City of Wheat Ridge. One copy of said International Mechanical Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full, including the outline outline of contents and index contained herein. (b) Amendments. The International Mechanical Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2006 International Mechanical Code. 101.1 Title. Amend to read in its entirety: 101.1 Title. These regulations shall be known as the Mechanical Code of the City of Wheat Ridge hereinafter referred to as "this code." 106.3.1 Construction documents. Amend to read in its entirety: 6 106.3.1 Construction documents. Construction documents, engineering calculations, diagrams and other data shall be submitted in three or more sets with each application for permit. The code official shall require construction documents, computations and specifications to be prepared and designed by a registered design professional when required by state law. Where special conditions exist, the code official is authorized to require additional construction documents to be prepared by a registered design professional. Construction documents shall be drawn to scale and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that the work conforms to the provisions of this code. Construction documents for buildings more than two stories in height shall indicate where penetrations will be made for mechanical systems, and the materials and methods for maintaining required structural safety, fire-resistance rating and fireblocking. 106.4.3 Expiration. Amend to read in its entirety: 106.4.3 Expiration. Every permit issued by the code official under the provisions of this code shall expire one year (365 days) after the date of issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 106.5.2 Fee Schedule. Amend to read in its entirety: 106.5.2 Fee Schedule. The fees for all mechanical work shall be established as set forth in Table 1-A. 106.6.3 Fee refunds. Amend to read in its entirety: 106.6.3 Fee refunds. The code official shall authorize the refunding of fees as follows: 1. The full amount any fee paid hereunder that was erroneously paid or collected. 2. Not more than 100 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee fee has been paid is withdrawn or canceled before any plan review effort has been expended. 4. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled after initiation of any plan review effort. 7 Note: The code official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. 108.4 Violation penalties. Amend to read in its entirety: 108.4 Violation penalties. Any person or entity who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair mechanical work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 108.5 Stop work orders. Amend to read in its entirety: 108.5 Stop work orders. Upon notice from the code official, work on any plumbing system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, or visibly posted at the work site. The notice shall state the conditions under which the work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than 1000 dollars. 109 Means of Appeal. Amend to read in its entirety: 109 Means of Appeal. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on claim the true intent of this code or the rules legally adopted there under have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. 8 Chapter 4 -Ventilation. Delete this chapter and insert: CHAPTER 4 VENTILATION SECTION 401 GENERAL 401.1 Scope. This chapter shall govern the ventilation of spaces within a building intended to be occupied. Mechanical exhaust systems, including exhaust systems serving clothes dryers and cooking appliances; hazardous exhaust systems; dust, stock and refuse conveyor systems; subslab soil exhaust 9 systems; smoke control systems; energy recovery ventilation systems and other systems specified in Section 502 shall comply with Chapter 5. 401.2 Ventilation required. Every occupied space shall be ventilated by natural means in accordance with Section 402 or by mechanical means in accordance with Section 403. 401.3 When required. Ventilation shall be provided during the periods that the room or space is occupied. 401.4 Intake opening location. Air intake openings shall comply with all of the following: 1. Intake openings shall be located a minimum of 10 feet from lot lines or buildings on the same lot. Where openings front on a street or public way, the distance shall be measured to the centerline of the street or public way. 2. Mechanical and gravity outdoor air intake openings shall be located not less than 10 feet horizontally from any hazardous or noxious contaminant source, such as vents, streets, alleys, parking lots and loading docks, except as specified in Item 3 or Section 501.2.1. 3. Intake openings shall be located not less than 3 feet below contaminant sources where such sources are located within 10 feet of the opening. 4. Intake openings on structures in flood hazard areas shall be at or above the design flood level. 401.5 Intake opening protection. Air intake openings that terminate outdoors shall be protected with corrosion-resistant screens, louvers or grilles. Openings in screens, louvers and grilles shall be sized in accordance with Table 401.5, and shall be protected against local weather conditions. Outdoor air intake openings located in exterior walls shall meet the provisions for exterior wall opening protectives in accordance with the International Building Code. Table 401.5 Opening sizes in screens, louvers and grilles protecting air intake openings Outdoor Opening Type Minimum and maximum opening sizes in screens, louvers and grilles measured in any direction Intake openings in residential Not < Yo inch and not> Y, inch occupancies Intake openings in other than > Yo inch and not> 1 inch residential occupancies 10 401.6 Contamination sources. Stationary local sources producing airborne particulates, heat, odors, fumes, spray, vapors, smoke or gases in such quantities as to be irritating or injurious to health shall be provided with an exhaust system in accordance with Chapter 5 or a means of collection and removal of the contaminants. Such exhaust shall discharge directly to an approved location at the exterior of the building. SECTION 402 NATURAL VENTILATION 402.1 Natural ventilation. Natural ventilation of an occupied space shall be through windows, doors, louvers or other openings to the outdoors. The operating mechanism for such openings shall be provided with ready access so that the openings are readily controllable by the building occupants. 402.2 Ventilation area required. The minimum openable area to the outdoors shall be 4 percent of the floor area being ventilated. 402.3 Adjoining spaces. Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the opening to the adjoining rooms shall be unobstructed and shall have an area not less than 8 percent of the floor area of the interior room space, but not less than 25 square feet. The minimum openable area to the outdoors shall be based on the total floor area being ventilated. Exception: Exterior openings required for ventilation shall be permitted to open into a thermally isolated sunroom addition or patio cover, provided that the openable area between the sunroor,n addition or patio cover and the interior room has an area of not less than 8 percent of the floor area of the interior room or space, but not less than 20 square feet. The minimum openable area to the outdoors shall be based on the total floor area being ventilated. 402.4 Openings below grade. Where openings below grade provide required natural ventilation, the outside horizontal clear space measured perpendicular to the opening shall be one and one-half times the depth of the opening. The depth of the opening shall be measured from the average adjoining ground ground level to the bottom of the opening. SECTION 403 MECHANICAL VENTILATION 403.1 Ventilation system. Mechanical ventilation shall be provided by a method of supply air and return or exhaust air. The amount of supply air shall be approximately equal to the amount of return and exhaust air. The system shall not be prohibited from producing negative or positive pressure. The system to convey ventilation air shall be designed and installed in accordance with Chapter 6. 11 403.2 Outdoor air required. The minimum outdoor airflow rate shall be determined in accordance with Section 403.3. Ventilation supply systems shall be designed to deliver the required rate of outdoor airflow to the breathing zone within each occupied space. Exception: Where the registered design professional demonstrates that an engineered ventilation system design will prevent the maximum concentration of contaminants from exceeding that obtainable by the rate of outdoor air ventilation determined in accordance with Section 403.3, the minimum required rate of outdoor air shall be reduced in accordance with such engineered system design. 403.2.1 Recirculation of air. The outdoor air required by Section 403.3 shall not be recirculated. Air in excess of that required by Section 403.3 shall not be prohibited from being recirculated as a component of supply air to building spaces, except that: 1. Ventilation air shall not be recirculated from one dwelling to another or to dissimilar occupancies. 2. Supply air to a swimming pool and associated deck areas shall not be recirculated unless such air is dehumidified to maintain the relative humidity of the area at 60 percent or less. Air from this area shall not be recirculated to other spaces where more than 10 percent of the resulting supply airstream consists of air recirculated from these spaces. 3. Where mechanical exhaust is required by Note b in Table 403.3, recirculation of air from such spaces shall be prohibited. All air supplied to such spaces shall be exhausted, including any air in excess of that required by Table 403.3. 4. Where mechanical exhaust is required by Note g in Table 403.3, mechanical exhaust is required and recirculation is prohibited where more than 10 percent of the resulting supply airstream consists of air recirculated from these spaces. 403.2.2 Transfer air. Except where recirculation from such spaces is prohibited by Table 403.3, air transferred from occupiable spaces is not prohibited from serving as makeup airfor required exhaust systems in such spaces as kitchens, baths, toilet rooms, elevators and smoking lounges. The amount of transfer air and exhaust air shall be sufficient to provide the flow rates as specified in Section 403.3. The required outdoor airflow rates specified in Table 403.3 shall be introduced directly into such space or into the occupied spaces from which air is transferred or a combination of both. 403.3 Outdoor airflow rate. Ventilation systems shall be designed to have the capacity to supply the minimum outdoor airflow rate determined in accordance with this section. The occupant load utilized for design of the ventilation system shall not be less than the number determined from the estimated maximum occupant load rate indicated in Table 403.3. Ventilation rates for occupancies not represented in Table 403.3 shall be 12 those for a listed occupancy classification that is most similar in terms of occupant density, activities and building construction; or shall be determined by an approved engineering analysis. The ventilation system shall be designed to supply the required rate of ventilation air continuously during the period the building is occupied, except as otherwise stated in other provisions of the code. With the exception of smoking lounges, the ventilation rates in Table 403.3 are based on the absence of smoking in occupiable spaces. Where smoking is anticipated in a space other than a smoking lounge, the ventilation system serving the space shall be designed to provide ventilation over and above that required by Table 403.3 in accordance with accepted engineering practice. Exception: The occupant load is not required to be determined based on the estimated maximum occupant load rate indicated in Table 403.3 where approved statistical data document the accuracy of an alternate anticipated occupant density. 403.3.1 Zone outdoor airflow. The minimum outdoor airflow required to be supplied to each zone shall be determined as a function of occupancy classification and space air distribution effectiveness in accordance with Sections 403.3.1.1 through 403.3.1 .3. 403.3.1.1 Breathing zone outdoor airflow. The outdoor airflow rate required in the breathing zone (Vbz) of the occupiable space or spaces in a zone shall be determined in accordance with Equation 4-1 . (Equation 4-1) Az = Zone floor area: the net occupiable floor area of the space or spaces in the zone. Pz = Zone population: the number of people in the space or spaces in the zone. Rp = People outdoor air rate: the outdoor airflow rate required per person from Table 403.3 Ra = Area outdoor air rate: the outdoor airflow rate required per unit area from Table 403.3 13 TABLE 403.3 MINIMUM VENTILATION RATES OCCUPANCY CLASSIFICATION PEOPLE AREA OUTDOOR OUTDOOR AIRFLOW AIRFLOW RATE IN RATE IN SHEATHING SHEATHING ZONE, Rp ZONE. R. CFM/PERSON CFM/FT" Correctional facilities Cells without plumbing fixtures 5 0.12 with plumbing fixtures 5 0.12 Dining Halls (see food and beverage service) ----Guard Stations 5 0.06 Day rooms 5 0.06 Booking/waiting 7.5 0.06 Dry cleaners, laundries Coin·operated dry cleaner 15 . _. Coin·operated laundries 7.5 0.06 Commercial dry cleaner 30 ... Commercial laundry 25 ... Storage, pick up 7.5 0.12 Education Auditoriums 5 0.06 Corridors (see public spaces) ... ... Media center 10 0.12 Sports locker rooms' ... .-Music/theater/dance 10 0.06 Smoking lounges· 60 Day care (through age 4) 10 0.18 Classrooms (ages 5·8) 10 0.12 Classrooms (age 9 plus) 10 0.12 Lecture classroom 7.5 0.06 Lecture hall (fixed seats) 7.5 0.06 Art classroom' 10 0.18 Science laboratories' 10 0.18 Wood/metal shops' 10 0.18 Computer lab 10 0.12 Multiuse assembly 7.5 0.06 Locker/dressing dressing rooms' ------Food and beverage service Bars, cocktail lounges 7.5 0.18 Cafeteria, fast food 7.5 0.18 Dining rooms 7.5 0.18 Kitchens (cooking)· -_. 14 DEFAULT EXHAUST OCCUPANCY AIRFLOW DENSITY RATE #/1000 FT" CFM/FTh 25 ---25 1.0 -.. .-15 .-30 .-30 .-20 ... 20 -.. 30 ---10 ---30 ... 150 -----25 --0.5 35 --70 --25 -25 --35 --65 ... 150 ... 20 0.7 25 1.0 20 0.5 25 ... 100 ... _. 0.25 100 -100 ... 70 ... . .. 0.7 OCCUPANCY CLASSIFICATION PEOPLE AREA DEFAULT EXHAUST OUTDOOR OUTDOOR OCCUPANCY AIRFLOW AIRFLOW AIRFLOW DENSITY RATE RATE IN RATE IN #11000 FT" CFMlFTZa SHEATHING SHEATHING ZONE, Rp ZONE, R. CFMiPERSON CFM/FT" Hospitals, nursing and convalescent homes Autopsy rooms· -----0.5 Medical procedure rooms 15 ---20 ---Operating rooms 30 ---20 ---Patient rooms 25 ---10 ---Physical therapy 15 ---20 -Recovery and ICU 15 -20 --Hotels, motels, resorts and dormitories Multipurpose assembly 5 0.06 120 --Bathroom/toilet -private9 -----25/50' Bedroom/living room 5 0.06 10 --Conference/meeting 5 0.06 50 ---Dormitory sleeping areas 5 0.06 20 ---Gambling casi nos 7.5 0.18 120 ---Lobbies/prefunction 7.5 0.06 30 --Offices Conference rooms 5 0.06 50 -Office spaces 5 0.06 5 -Reception areas 5 0.06 30 -Telephone/data entry 5 0.06 60 -Main entry lobbies 5 0.06 10 -I Private dwellings, single and multiple 0.75 Garages, common for multiple units· ----100 dm per car Garagesb separate for each dwelling· --------25/100' Kitchens Living areasc 0.35 ACH bul Based upon -not less than 15 number of cfmIperson bedrooms. Firstbedroom, 2; each additional ---bedroom, 1 Toilet rooms and bathrooms9 -----20/50' OCCUPANCY CLASSIFICATION PEOPLE AREA DEFAULT EXHAUST OUTDOOR OUTDOOR OCCUPANCY AIRFLOW AIRFLOW AIRFLOW DENSITY RATE RATE IN RATE IN #11000 FTza CFM/FT2a SHEATHING SHEATHING ZONE, Rp ZONE, R. CFM/PERSON CFM/FT1a 15 Public spaces Corridors --0.06 ---Elevator car ------1.0 Shower room (per shower head)" -----50/20' Smoking lounges· 60 --70 ---Toilet rooms -public' --------50/70· Places of religious worship 5 0.06 120 ---Courtrooms 5 0.06 70 ---Legislative chambers 5 0.06 50 ---Libraries 5 0.12 10 ---Museums (children 's) 7.5 0.12 40 ---Museums/galleries 7.5 0.06 40 ---Retail stores, sales floors and showroom floors Sales (except as below) 7.5 0.12 15 ---Dressing rooms ------0.25 Mall common areas 7.5 0.06 40 --Shipping and receiving ---0.12 ----Smoking lounges· 60 --70 -Storage rooms --0.12 ----Warehouses (see storage) --------Specialty shops Automotive motor-fuel dispensing stations· ---------1.5 Barber 7.5 0,06 25 0.5 Beauty and nail salons·' h 20 0,12 25 0.6 Embalming room· ---------2.0 Pet shops (animal areas)· 7.5 0,18 10 0.9 Supermarkets 7,5 0,06 8 -Sports and amusement Disco/dance floors 20 0,06 100 ---Bowling alleys (seating areas) 10 0,12 40 ---Game arcades 7.5 0,18 200 --Ice arenas without combustion engines ----0,30 --0.5 Gym, stadium, arena (play area) -0.30 ----Spectator areas 7.5 0.06 150 --Swimming pools (pool and deck area) --0.48 ------Health club/aerobics room 20 0.06 40 ---Health club/weight room 20 0,06 10 --OCCUPANCY CLASSIFICATION PEOPLE AREA DEFAULT EXHAUST OUTDOOR OUTDOOR OCCUPANCY AIRFLOW AIRFLOW AIRFLOW DENSITY RATE RATE IN RATE IN #/1000 FT" CFM/FT1 • SHEATHING SHEATHING ZONE, R,. ZONE, R. 16 CFM/PERSON CFMlFT Storage Repair garages, enclosed parking garages·' d -------0,75 Warehouses -0,06 --Theaters Auditoriums (see education) ----Lobbies 5 0,06 150 Stages, studios 10 0,06 70 Ticket booths 5 0,06 60 Transportation Platforms 7,5 0,06 100 Transportation waiting 7,5 0,06 100 Workrooms Bank vaults/safe deposit 5 0.06 5 Darkrooms -------Copy, printing rooms 5 0,06 4 Meat processing' 15 --10 Pharmacy (prep, Area) 5 0.18 10 Photo studios 5 0,12 10 Computer (without printing) 5 0,06 4 a. Based upon net occupiable floor area. b. Mechanical exhaust required and the recirculation of air from such spaces is prohibited (see Section 403.2.1, Item 3) --------------------1.0 0.5 -------c. Spaces unheated or maintained below 50°F are not covered by these requirements unless the occupancy is continuous. I d. Ventilation systems in enclosed parking garages shall comply with Section 404. e. Rates are per water closet or urinal. The higher rate shall be provided where periods of heavy use are expected to occur, such as toilets in theaters, schools and sports facilities. The lower rate shall be permitted where periods of heavy use are not expected. f. Rates are per room unless otherwise indicated. The higher rate shall be provided where the exhaust system is designed to operate intermittently. The lower rate shall be permitted where the exhaust system is designed to operate continuously during normal hours of use. g, Mechanical exhaust is required and recirculation is prohibited except that recirculation shall be permitted where the result supply airstream consists of not more than 10 percent air recirculated from these spaces (see Section 403.2,1, Items 2 and 4), h. For nail salons, the required exhaust shall include ventilation tables or other systems that capture the contaminants and odors at their source and are capable of exhausting a minimum of 50cfm per station. 17 403.3.1 .2 Zone air distribution effectiveness. The zone air distribution effectiveness (E,) shall be determined using Table 403.3.1.2. Table 403.3.1.2 ZONE AIR DISTRIBUTION EFFECTIVENESS·,b.e,d,e Air Distribution Effectiveness Ez Ceiling or floor supply of cool air 1.0' Ceiling or floor supply of warm air and floor return 1.0 Ceiling supply of warm air and ceiling return 0.89 Floor supply of warm air and ceiling return 0.7 Makeup air drawn in on the opposite side of the room from the exhaust and/or return 0.8 Makeup air drawn in near to the exhaust and/or return 0.5 location a. "Cool air" is air cooler than space temperature. b. "Warm air" is air warmer than space temperature. c. "Ceiling" includes any point above the breathing zone. d. "Floor" includes any point below the breathing zone. e. "Makeup air" is air supplied or transferred to a zone to replace air removed from the zone by exhaust or return systems. f. Zone air distribution effectiveness of 1.2 shall be permitted for systems with a floor supply of cool air and ceiling return, provided that low-velocity displacement ventilation achieves unidirectional flow and thermal stratification. g. Zone air distribution effectiveness of 1.0 shall permitted for systems with a ceiling supply of warm air, provided that supply air temperature is less than 15°F above space temperature and provided that the 150 foot-per-minute supply air jet reaches to within 4-1/2 feet of floor level. 403.3.1.3 Zone outdoor airflow. The zone outdoor airflow rate (VOl ). shall be determined in accordance with Equation 4-2. VOl = (Equation 4-2) 403.3_2 System outdoor airflow. The outdoor air required to be supplied by each ventilation system shall be determined in accordance with Sections 403.3.2.1 through 403.3.2.3 as a function of system type and zone outdoor airflow rates. 403.3.2.1 Single zone systems. Where on air handler supplies a mixture of outdoor air and recirculated return air to only one zone. the system outdoor air intake flow rate (VOl) shall be determined in accordance with Equation 4-3. 18 Vot = Voz (Equation 4-3) 403.3.2.2 1 OO-percent outdoor air systems. Where one air handler supplies only outdoor air to one or more zones, the system outdoor air intake flow rate (Voz) shall be determined using Equation 4-4. Vot = 3allzonesVoz (Equation 4-4) 403.3.2.3 Multiple zone recirculating systems. When one air handler supplies a mixture of outdoor air and recirculated return air to more than one zone, the system outdoor air intake flow rate (Voz) shall be determined in accordance with Sections 403.3.2.3.1 through 403.3.2.3.4. 403.3.2.3.1 Primary outdoor air fraction. The primary outdoor air fraction (Zp) shall be determined for each zone in accordance with Equation 4-5. (Equation 4-5) where: Vpz = Primary airflow: The airflow rate supplied to the zone from the air handling unit at which the outdoor air intake is located. It includes outdoor intake air and recirculated air from that air handling unit but does not include air transferred or air recirculated to the zone by other means. For design purposes, Vpz shall be the zone design primary airflow rate, except for zones with variable air volume supply and Vpz shall be the lowest expected primary airflow rate to the zone when it is fully occupied. 403.3.2.3.2 System ventilation efficiency. The system ventilation efficiency (Ev) shall be determined using Table 403.3.2.3.2 or Appendix A of ASHRAE 62.1. Table 403.3.2.3.2 SYSTEM VENTILATION EFFICIENCya,b Max (ZD) Ev :50.15 1 :50.25 0.9 :50.35 0.8 :50.45 0.7 :50.55 0.6 19 SO.65 0.5 SO.75 0.4 >0.75 0.3 a. Max (Zp) is the largest value of Zp calculated using Equation 4-5 among all the zones served by the system. b. Interpolating between values shall be permitted. 403.3.2.3.3 Uncorrected outdoor air intake. The uncorrected outdoor air intake flow rate (Vou) shall be determined in accordance with Equation 4-6. Vou = 0 3 all zonesRpP z + 3 all zonesRaAz (Equation 4-6) where: o = Occupant diversity: the ratio of the system population to the sum of the zone populations, determined in accordance with Equation 4-7. 0= (Equation 4-7) L all zones Pz where: Ps = System population: The total number of occupants in the area served by the system. For design purposes, Ps shall be the maximum number of occupants expected to be concurrently in all zones served by the system. 403.3.2.3.4 Outdoor air intake flow rate. The outdoor air intake flow rate (Vot) shall be determined in accordance with Equation 4-8. Vou (Vot) = (Equation 4-8) 403.4 Exhaust ventilation. Exhaust airflow rate shall be provided in accordance with the requirements in Table 403.3. Exhaust makeup air shall be permitted to 20 be any combination of outdoor air, recirculated air and transfer air, except as limited in accordance with Section 403.2. 403.5 System operation. The minimum flow rate of outdoor air that the ventilation system must be capable of supplying during its operation shall be permitted to be based on the rate per person indicated in Table 403.3 and the actual number of occupants present. 403.6 Variable air volume system control. Variable air volume air distribution systems, other than those designed to supply only 1 OO-percent outdoor air, shall be provided with the controls to regulate the flow of outdoor air. Such control system shall be designed to maintain the flow rate of outdoor air at a rate of not less than that required by Section 403.3 over the entire range of supply air operating rates. 403.7 Balancing. The ventilation air distribution system shall be provided with means to adjust the system to achieve at least the minimum ventilation airflow rate as required by Sections 403.3 and 403.4. Ventilation systems shall be balanced by an approved method. Such balancing shall verify that the ventilation system is capable of supplying and exhausting the airflow rates required by Sections 403.3 and 403.4. SECTION 404 ENCLOSED PARKING GARAGES 404.1 Enclosed parking garages. Mechanical ventilation systems for enclosed parking garages shall be perlTlitted to operate intermittently where the system is arranged to operate automatically upon detection of vehicle operation or the presence of occupants by approved automatic detection devices. 404.2 Minimum ventilation. Automatic operation of the system shall not reduce the ventilation airflow rate below 0.05 cfm per square foot of the floor area and the system shall be capable of producing a ventilation airflow rate of 0.75 cfm per square foot of floor area. 404.3 Occupied spaces accessory to public garages. Connecting offices, waiting rooms, ticket booths and similar uses that are accessory to a public garage shall be maintained at a positive pressure and shall be provided provided with ventilation in accordance with Section 403.3. SECTION 405 SYSTEMS CONTROL 405.1 General. Mechanical ventilation systems shall be provided with manual or automatic controls that will operate such systems whenever the spaces are 21 occupied. Air-conditioning systems that supply required ventilation air shall be provided with controls designed to automatically maintain the required outdoor air supply rate during occupancy. SECTION 406 VENTILATION OF UNINHABITED SPACES 406.1 General. Uninhabited spaces, such as crawl spaces and attics, shall be provided with natural ventilation openings as required by the International Building Code or shall be provided with a mechanical exhaust and supply air system. The mechanical exhaust rate shall be not less than 0.02 cfm per square foot of horizontal area and shall be automatically controlled to operate when the relative humidity in the space exceeds 60 percent. 504.6.1 Maximum Length. Amend to read in its entirety: 504.6.1 Maximum Length. The maximum length of a clothes dryer exhaust duct shall not exceed 35 feet from the dryer location to the outlet terminal. The maximum length of the duct shall be reduced 2-1/2 feet for each 45 degree bend and 5 feet for each 90 degree bend. The maximum length of the exhaust duct does not include the transition duct. Exception: Where the make and model of the clothes dryer to be installed is known and the manufacturer's installation instructions for such dryer are provided to the code official, the maximum length of the exhaust duct, including any transition duct, shall be permitted to be in accordance with the dryer manufacturer's installation instructions. Section 3. Section 5-79 of the Code is repealed in its entirety and reenacted to read as follows: (a) Adoption. The International Plumbing Code, 2006 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the plumbing code of the City of Wheat Ridge. One copy of said International Plumbing Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents and index contained herein. (b) Amendments. The International Plumbing Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2006 International Plumbing Code. 101.1 Title. Amend to read in its entirety: 22 101.1 Title. These regulations shall be known as the Plumbing Code of the City of Wheat Ridge hereinafter referred to as "this code." 105.4.4 Construction documents. Amend to read in its entirety: 105.4.4 Construction documents. The registered design professional shall submit to the code official three complete sets of signed and sealed construction documents for the alternative engineered design. The construction documents shall include floor plans and a riser diagram of the work. Where appropriate, the construction documents shall indicate the direction of flow, all pipe sizes, grade of horizontal piping, loading, and location of fixtures and appliances. 106.5.3 Expiration. Amend to read in its entirety: 106.5.3 Expiration. Every permit issued by the code official under the provisions of this code shall expire one year (365 days) after the date of issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 106.6.2 Fee Schedule. Amend to read in its entirety: 106.6.2 Fee Schedule. The fees for all plumbing work shall be established as set forth in Table 1-A. 106.6.3 Fee refunds. Amend to read in its entirety: 106.6.3 Fee refunds. The code official shall authorize the refunding of fees as follows: 1. The full amount any fee paid hereunder that was erroneously paid or collected. 2. Not more than 100 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 4. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled after initiation of any plan review effort. Note: The code official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. 23 108.4 Violation penalties. Amend to read in its entirety: 108.4 Violation penalties. Any person or entity who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair plumbing work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 108.5 Stop work orders. Amend to read in its entirety: 108.5 Stop work orders. Upon notice from the code official, work on any plumbing system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, or visibly posted at the work site. The notice shall state the conditions under which the work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than 1000 dollars. 109 Means of Appeal. Amend to read in its entirety: 109 Means of Appeal. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on claim the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. 403.1 Minimum number of fixtures. Delete the text of this section, while maintaining Table 403.1 , and insert: 403.1 Minimum number of fixtures. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number shown in Tables 403.1 and 403.1.1.Types of occupancies not shown in Tables 403.1 and 403.1.1 shall be considered individually by the code official. The number of occupants shall be determined by the International Building Code. Occupancy classification shall be determined in accordance with the International Building Code. Table 403.1 .1 shall be as follows: 24 Table 403·1 .1 Separate Sex Facilities Required Occupancy Description When Occupant Load Exceeds A-1 Theaters and other buildings for the performing arts and Motion pictures 65 Nightclubs, bars, taverns, dance halls and buildings for 40 A-2 similar purposes Restaurants, banquet halls and food courts 75 Auditoriums without permanent seating , art galleries, exhibition halls, museums, lecture halls, libraries, 65 A-3 arcades and gymnasiums PassenQer terminals and transportation facilities 250 Places of worship and other reliQious services 75 A-4 Coliseums, arenas, skating rinks, pools and tennis 40 courts for indoor sporting events and activities A-5 Stadiums, amusement parks, bleachers and 40 grandstands for outdoor sporting events and activities Buildings for the transaction of business, professional B services, other services involving merchandise, office 25 buildings, banks, light industrial and similar uses E Educational facilities 50 Structures in which occupants are engaged in work F1 & F2 fabricating , assembly or processing of products or 100 materials 1-1 Residential care I 10 Hospitals, ambulatory nursing home patients N/A 1-2 Employees, other than residential care 25 Visitors, other than residential care 75 1-3 Prisons N/A 1-3 Reformatories, detention centers, and correctional 15 centers 1-4 Adult day care and child care 15 M Retail stores, service stations, shops, salesrooms, 250 markets and shopping centers R-1 Hotels, motels, boarding houses (transient) N/A R-2 Dormitories, fraternities, sororities and boarding 10 houses (not transient) R-2 Apartment house N/A R-3 One-and two-family dwellings N/A R-4 Residential care/assisted living facilities 10 S-1 Structures for the storage of goods, warehouses, S-2 storehouse and freight depots. Low and moderate 100 hazard 2S 904.1 Roof Extensions. Amend to read in its entirety: 904.1 Roof Extension. All open pipes that extend through a roof shall be terminated at least twelve inches above the roof, except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet (2134 mm) above the roof. Appendix A: Plumbing Permit Fee Schedule. Appendix A is not adopted. Section 4. Section 5-84 of the Code is repealed in its entirety and reenacted to read as follows: (a) Adoption. The International Energy Conservation Code, 2006 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the plumbing code of the City of Wheat Ridge. One copy of said International Energy Conservation Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents and index contained herein. (b) Amendments. The International Energy Conservation Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2006 International Energy Conservation Code. 101.1 Title. Amend to read in its entirety: , 101.1 Title. These regulations shall be known as the Energy Conservation Code of the City of Wheat Ridge, and shall be cited as such. It is referred to herein as "this code." 104.1 General. Amend to read in its entirety: 104.1 General. Construction documents and other supporting data shall be submitted in three or more sets with each application for permit. The code official is authorized to require necessary construction documents to be prepared by a registered design professional. Exception: The code official is authorized to waive the requirements for construction documents or other supporting data if the code official determines they are not necessary to confirm compliance with this code. 105.5 Violation penalties. Amend to read in in its entirety: 26 105.5 Violation penalties. Any person or entity who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1 ,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 105.6 Stop work orders. Amend to read in its entirety: 105.6 Stop work orders. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, or visibly posted at the work site. The notice shall state the conditions under which the work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than 1000 dollars. 105.7 Means of Appeal. Amend to read in its entirety: 105.7 Means of Appeal. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. Section 5. Section 5-85 of the Code is repealed in its entirety and reenacted to read as follows: (a) Adoption. The International Residential Code, 2006 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the one-and two-family dwelling code of the City of Wheat Ridge. One copy of said International Residential Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents and index contained herein. 27 (b) Amendments. The International Residential Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2006 International Residential Code. R101.1 Title. Amend to read in its entirety: R101.1 Title. These provisions shall be known as the Residential Code for Oneand Two-family Dwellings of the City of Wheat Ridge, and shall be cited as such and will be referred to herein as "this code." R105.2 Work exempt from permit. Amend to read in its entirety: R10S.2 Work exempt from permit. Permits shall not be required for the following. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Building: 1.0ne-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet. 2. Fences not over 6 feet high. 3. Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. 4. Water tanks supported directly on grade if the capacity does not exceed 5, 000 gallons and the ration of height to diameter or width does not exceed 2 to 1. 5. Sidewalks and driveways. 6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work that is not part of the scope of a larger permittable project. 7. Prefabricated swimming pools that are less than 24 inches deep. 8. Swings and other portable playground equipment. 9. Window awnings supported by an exterior wall which do not project more than 54 inches from the exterior wall and do not require additional support. 10. Exterior cladding for the purpose of maintenance when the work does not include the relocation of electrical or gas utilities. 28 Electrical: Repairs and maintenance: A permit shall not be required for minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Gas: 1. Portable heating, cooking or clothes drying appliances. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 3. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. Mechanical: 1. Portable heating appliances. 2. Portable ventilation appliances. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated I;>y this code. 5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less. 8. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 29 The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. R105.5 Expiration. Amend to read in its entirety: R105.5 Expiration. Every permit issued by the code official under the provisions of this code shall expire one year (365 days) after the date of issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. R106.1 Submittal documents. Amend to read in its entirety: R10S.1 Submittal documents. Construction documents, special inspection and structural observation programs and other data shall be submitted in three or more sets with each application for permit. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with this code. R10B.2 Schedule of permit fees. Amend to read in its entirety: R108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. The permit fee shall be established as set forth in Table 1-A. R10B.3 Building permit valuations. Amend to read in its entirety: R108.3 Building permit valuations. The applicant for a permit shall provide an estimated project valuation at the time of application. Permit valuations shall include the total value of all work, including foundation work, structural and nonstructural building components, electrical, gas, plumbing, mechanical and interior finish materials. Project valuation shall be calculated by the Building Division based on data published on the City website, and the higher of the applicant stated valuation and the division calculated valuation shall be used to determine 30 building permit fees. Final building permit valuation shall be set by the building official. R108.5 Refunds. Amend to read in its entirety: R10S.5 Refunds. The code official shall authorize the refunding of fees as follows: 1. The full amount any fee paid hereunder that was erroneously paid or collected. 2. Not more than 100 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 4. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled after initiation of any plan review effort. Note: The code official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. R112 Means of Appeal. Amend to read in its entirety: R112 Means of Appeal. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. R113.4 Violation penalties. Amend to read in its entirety: R113.4 Violation penalties. Any person or entity who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair residential work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 31 R114.2 Unlawful continuance. Amend to read in its entirety: R114.2 Unlawful continuance. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than 1000 dollars and shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. R202 Definitions. Add the following text under the definition of "ROOF DECK": Solidly sheathed deck shall be defined as decking consisting of APA approved wood structural panel sheathing. Closely fitted deck shall be defined as decking consisted of APA approved wood structural panel sheathing or lumber sheathing conforming to the requirements of Table 503.2.1.1(1) in which no gap between members exceeds one-half of one inch. Spaced decking shall be defined as lumber sheathing conforming to the requirements of Tables 2304.7(1) through 2304.7(5) in which any gap between members exceeds one-half of one inch. Table R301.2(1): Climatic and Geographic Design Criteria. Table R301 .2(1) shall apply as referenced in this code and is hereby completed as follows: Ground Snow Load 30 psI Wind Speed (mph) 100 Table R301 .2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA Seismic Design Category B Subject to damaging from frost line depth Weathering Depth Termite Severe 36" Slight Winter Design Temp 0 Ice Barrier Flood Underlayment Hazards Required Yes 1979 Finn 6/17/03 Air Mean Freezing Annual Index Temp 1500 45 R401.2 Requirements. Amend to read in its entirety: R401.2 Requirements. Foundation construction shall be capable of accommodating all loads according to Section R301 and of transmitting the resulting loads to the supporting soil. Fill soils that support footings and foundations shall be designed, installed and tested in accordance with accepted 32 engineering practice. Gravel fill used as footings for wood and precast concrete foundations shall comply with Section R403. With the exception of prescriptive monolithic slabs less than 1000 square feet in size for garages or similar nonhabitable occupancies, foundation systems shall be designed, inspected and approved by a State of Colorado registered Structural Engineer. R602.5 Interior nonbearing walls. Amend to read in its entirety: RS02.5 Interior nonbearing walls. Interior nonbearing walls shall be permitted to be constructed with 2-inch-by-3-inch (51 mm by 76 mm) studs spaced 24 inches on center. Interior nonbearing walls shall be capped with at least a single top plate. Interior nonbearing walls shall be fire blocked in accordance with Section R602.S. R602.7.2 Nonbearing walls. Amend to read in its entirety: RS02.7.2 Nonbearing walls. In interior and exterior nonbearing walls, a header constructed of two(2) 2-inch-by-4-inch members placed on edge shall be required over all openings spanning less than eight(S) feet. R703.6.1 Lath. Amend to read in its entirety: R703.6.1 Lath. All lath and lath attachments shall be of corrosion-resistant materials. Expanded metal or woven wire lath shall be attached with 11/2-inch long, 11 gage nails having a 7/16-inch head, or 7/S-inch-long, 16 gage staples, spaced at no more than 6 inches, or as otherwise approved. Whenever the wall sheathing is of code approved material capable of receiving and sustaining fasteners, lath fasteners shall be spaced at no more than 6 inches on center both horizontally and vertically, or as otherwise approved. R803.1 Lumber Sheathing. Amend to read in its entirety: RB03.1 Lumber Sheathing. Allowable spans for lumber used as roof sheathing shall conform to Table S03.1. Spaced lumber sheathing for wood shingle and shake roofing shall conform to the requirements of Section R905.7 and R905.S. Spaced lumber sheathing is not allowed in Seismic Design Category 02. Lumber sheathing with any gap exceeding one-half inch shall not be considered to be solid or closely-fitted sheathing, and shall be defined as spaced sheathing. R807.1 Attic Access. Amend to read in its entirety: RB07.1 Attic Access. Buildings with combustible ceiling or roof construction shall have an attic access opening to attic areas that exceed 30 square feet and have a vertical height of 30 inches or more. The rough-framed opening shall not be less than 22 inches by 30 inches and shall be located in a hallway or other readily accessible location. A 3D-inch 33 minimum unobstructed headroom in the attic space shall be provided at all points directly above the access opening. The finish opening dimensions of attic accesses shall be a minimum of 20 inches by 30 inches. See Section M1305.1.3 for access requirements where mechanical equipment is located in attics. R905.2.6 Attachment. Amend to read in its entirety: R905.2.6 Attachment. Asphalt shingles shall be attached with a minimum of 6 nails per shingle or as specified by the manufacturer, whichever is more restrictive. Where the roof slope exceeds 20 units vertical in 12 units horizontal (167 percent slope) special methods of fastening are required. Special fastening methods shall be tested in accordance with ASTM 0 3161, Class F. Asphalt shingle wrappers shall bear a label indicating compliance with ASTM 0 3161 , Class F. 905.2.7.1 Ice barrier. Delete this section and insert: 905.2.7.1 Ice barrier.Jn areas where there has been a history of ice forming along the eaves causing a backup of water as designated in Table R301 .2(1), an ice barrier complying with ASTM 01970 shall be required in lieu of normal underlayment at roof eaves and shall extend from the eave edge to a point at least 24 inches inside the exterior wall line of the building. Exception: Detached structures and attached garages that contain no conditioned floor area~ R905.2.8.5 Other Flashing. Amend to read in its entirety: R905.2.S.5 Other Flashing. Flashing against a vertical front wall, as well as soil stack, vent pipe and chimney flashing, shall be applied according to the asphalt shingle manufacturer's printed instructions. A minimum 2-inch by 2-inch galvanized flashing shall be required at eaves of all roofs. Flashing shall be installed to as recommended by manufacturer or as necessary to seal gaps between roof sheathing and roof gutters. M1305. 1.4 Appliances under floors. Amend to read in its entirety: M1305.1.4 Appliances under floors. Underfloor spaces containing appliances requiring access shall have an unobstructed passageway large enough to remove the largest appliance, but not less than 30 inches high and 22 inches wide, no more than 20 feet long when measured along the centerline of the passageway from the opening to the appliance. A level service space at least 30 inches deep and 30 inches wide shall be present at the front or service side of the appliance. If the depth of the passageway or the service space exceeds 12 inches below the adjoining grade, the walls of the passageway shall be lined with concrete or masonry extending 4 inches above the adjoining grade in accordance with Chapter 4. The rough-framed access opening dimensions shall 34 be a minimum of 22 inches by 30 inches where the dimensions are large enough to remove the largest appliance. The finish opening dimensions of under floor accesses shall be a minimum of 20 inches by 30 inches. M1502.6 Maximum Length. Amend to read in its entirety: M1502.6 Maximum Length. The maximum length of a clothes dryer exhaust duct shall not exceed 35 feet from the dryer location to the wall or roof termination. The maximum length of the duct shall be reduced 2.5 feet for each 45-degree bend and 5 feet for each gO-degree bend. The maximum length of the exhaust duct does not include the transition duct. Exceptions: 1. Where the make and model of the clothes dryer to be installed is known and the manufacturer's installation instructions for the dryer are provided to the building official, the maximum length of the exhaust duct, including any transition duct, shall be permitted to be in accordance with the dryer manufacturer's installation instructions. 2. Where large-radius 45-degree and gO-degree bends bends are installed, determination of the equivalent length of clothes dryer exhaust duct for each bend by engineering calculation in accordance with the ASHRAE Fundamentals Handbook shall be permitted. P3103.1 Roof extension. Amend to read in its entirety: P3103.1 Roof extension. AI) open pipes that extend through a roof shall be terminated at least twelve (12) inches above the roof, except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet (2134 mm) above the roof. Appendices. The following appendices are adopted in their entirety: Appendix A (IFGS): Sizing and Capacities of Gas Piping Appendix B (IFGS): Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category 1 Appliances, and Appliances Listed for Use with Type B Vents Appendix C (IFGS): Exit Terminals of Mechanical Draft and Direct-vent Venting Systems Appendix D (IFGS): Recommended Procedure for Safety Inspection of an Existing Appliance Installation Appendix G: Swimming Pools, Spas and Hot Tubs 35 Appendix H: Patio Covers Section 6. Section 5-86 of the Code is repealed in its entirety and reenacted to read as follows: (a) Adoption. The International Fire Code, 2006 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the plumbing code of the City of Wheat Ridge. One copy of said International Fire Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents and index contained herein. Only Appendices B, D, E, F and G, published by the International Fire Code Council are hereby adopted by reference. The 2006 International Fire Code shall be known as the "I.F.C." or the "fire code" and may be cited and referred to as such. (b) Amendments. The International Fire Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the the 2006 International Fire Code. 104.1 General Authority and Responsibilities. Amend to read as follows: 104.1 General Authority and Responsibilities. The International Fire Code shall be administered and enforced by the Building Official of the City of Wheat Ridge and designated assistants, who shall perform the following functions: 1. Approval of plans for building new structures and remodeling of existing structures. 2. The inspection of all construction of new and remodeling of existing structures 3. The destruction of unsafe structures. 4. The International Fire Code shall be enforced by the Division of Fire Prevention of the Wheat Ridge Fire Protection District and the Division of Fire Prevention of all adjoining Fire Protection Districts, for the functions listed, pertaining to each jurisdictions respective amendments. 5. The Fire Marshal or his designated representative shall be responsible, as the designee of the Building Official of the City of Wheat Ridge, for the administration and enforcement of the code and shall enforce all ordinances of the jurisdiction. 36 6. Wherever this code refers to the Chief in the context of Code administration or enforcement, it shall refer to the Fire Marshal or designated representative of the Building Official. 7. Wherever the code refers to the Chief of fire suppression, it shall mean the Chief of the Wheat Ridge Fire Department and the Chiefs of the adjoining Fire Departments. 103.4.1 Legal Defense. Amend to read in its entirety: 103.4.1 Legal Defense. Any suit instituted against any office or employee of any fire protection district or any office or employee of the City of Wheat Ridge because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the fire protection district or City by which he or she is employed by the legal representative of the fire protection district or City by which he or she is employed until the final termination of the proceedings. he fire code official, city officer or employee or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer or employee of the department of fire prevention or the City, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or reason of any acts or omission in the performance of official duties in connection therewith. 105.2.2 Inspection authorized. Amended by the addition of the following sentence to the end of the paragraph: Twenty-four hours notice shilll be provided to the division of fire prevention for required inspections and tests. 37 105.6 Required operational permits. Deleted in its entirety with the exception of the following sections: 105.6.42 Scraping of tires; 105.6.43 Temporary membrane structures, tents and canopies, which section 105.6.44 shall be adopted as written. 108 Board of appeals established. Amended to read in its entirety: 108 Board of Appeals. Appeals of decisions and determinations made by the Building Official or the fire code official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. 108.3 Qualifications. Deleted in its entirety. 109.3 Violation penalties. Amended to read in its entirety: 109.3 Violation penalties. Any person or entity who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The denial, suspension, revocation, or restriction of any permit or other privilege conferred by this code shall not be regarded as a penalty for purposes of this chapter. 111.1 Order. Amended to read in its entirety: 111.1 Order. Whenever the fire code official finds any work regulated by this Code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the fire code official, with the concurrence of the building official, is authorized to issue a stop work order. 111.4 Failure to comply. Amend to read in its entirety: 38 111.4 Failure to comply. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, or visibly posted at the work site. The notice shall state the conditions under which the work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than 1000 dollars. 304.2.1 Trash enclosures. Added to read as follows: 304.2.1 Trash enclosures. Trash enclosures, including doors, shall be of a non-combustible construction. Exception: Trash enclosures for one-and two-family dwellings are permitted to be constructed of any materials approved in th is code. 308.3.1 Open-flame cooking devices. Amended to read as follows: 308.3.1 Open-flame cooking devices. No open flame cooking devices shall be operated on combustible balconies or within 10 feet (3048 mm) of combustible construction. Exceptions: 1. One and two family dwellings. 2. Liquefied-petroleum fueled cooking devices may be operated as set forth in section 308.1.1.1. 308.3.1 .1 Liquified-petroJium-gas fueled cooking devices. Amended to read in its entirety: 308.3.1.1 Liquified-petrolium-gas fueled cooking devices. L-P gas burners having L-P gas container with a water capacity up to 20 pounds (9.1 kg) I-p gas capacity may be used on combustible construction. 315.2 Marking maximum permitted storage height. Added to read as follows: 315.2.5 Marking maximum permitted storage. When storage areas are constructed that do not meet the requirements for high piled combustible storage or sprinkler system design densities, a minimum of a four (4) inch 39 (101.6 mm) stripe on a contrasting background shall be placed at twelve (12) feet (3657.6 mm) above the finished floor to designate the maximum permitted storage height, and clearly justified with the designation: 'No Storage Above This Line'. 503.2.1 Dimensions. Amended to read in its entirety: 503.2.1 Dimensions. Fire apparatus access roadways in other than residential streets shall have an unobstructed width of not less than twenty-four (24) feet (7315.2 mm) and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches (4115 mm). Private streets shall not be less than twenty-six (26) feet (7924.8 mm) wide and shall have an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches (4115 mm). Exception: the width of private streets may be reduced from the required twenty-six (26) feet (7935mm) if a specific access and parking design is approved by the fire code official. 503.2.3 Surface. Amended to read in its entirety: 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced with the first lift of asphalt as to provide all-weather driving capabilities. Grass-crete, geo-tek, ritter rings or other similar landscape treatments that will prevent a fire apparatus access road from being maintainable as an all-weather surface and immediately discernable, shall be prohibited. 503.2.5.1 Group R, Division 3 occupancies. Added to read as follows: 503.2.5.1 Group R, Division 3 occupancies. Where a property is a Group R, Division 3 occupancy, the length of a dead end fire department access roadway may be increased to one-hundred seventy-five (175) feet (53,340 mm) without the provisions for the turning around of fire apparatus if approved by the fire code official. 503.2.8 Curbs. Added to read as follows: 503.2.8 Curbs. Vertical curbs shall not be placed at the entrance of or within fire access lanes and roads. Mountable curbs may be used if approved by the fire code official. 503.2.9 Gated communities. Added to read as follows: 40 503.2.9 Gated communities. Gated communities may be permitted, provided the community meets the requirements as detailed herein and subject to the approval of the fire code official. The access roadways within a gated community shall be a minimum of twenty-eight (28) feet (8534.4 mm) of unobstructed width and be maintained as an all-weather surface and maintained as needed to provide all-weather driving capabilities and requirements of section 503 of the fire code. Unobstructed vertical clearance shall not be less than thirteen (13) feet six (6) inches (4115 mm). Two separate means of ingress/egress shall be provided into the site. Gates shall be staffed on a twenty-four (24) hour basis or be equipped with an automatic and manual system approved by the fire code official. Exception: Street widths may be reduced to 26 feet of unobstructed width and fire hydrant spacing may be increased to 500 feet when each individual dwelling unit within the gated community meeting the requirements of a Group R-3 Occupancy defined by the International Residential Code is provided with an approved NFPA 13-D Residential Sprinkler System as approved by the fire code official. 503.2. 10 Fire protection in recreational vehicle, mobile home, and manufactures housing parks, sales lots, and storage lots. Added to read as follows: 503.2.10 Fire protection in recreational vehicle, mobile home, and manufactured housing parks, sales lots, and storage lots. Recreational vehicle, mopile home, and manufactured housing parks, sales lots, and storage lots shall provide and maintain fire hydrants and access roads in accordance with Sections 503.1 and 508. Fire hydrant locations and minimum required fire flows shall be approved by the fire code official. Exception: Recreational vehicle parks located in remote areas shall be provided with protection and access roadways as required by the fire code official. 506.3 Key box installation. Added to read as follows: 506.3 Key box installation. All buildings with a required fire alarm system or automatic fire extinguishing or standpipe system shall be provided with a key box in a location approved by the fire code official. The key box shall be of an approved type. Exception: Individual units within retail and office units that do not contain sprinkler control valves, fire alarm panels, or fire protection equipment are not required to provide keys to gain access to other individual units. 41 508.5.1 Required Water Supply. Amended to read in its entirety: 508.5.1 Required water supply. The location, number, and type of fire hydrants connected to a water supply capable of delivering the minimum required fire flow shall be provided on the public street or on the site of the premises or both to be protected as required and approved. A fire hydrant shall be installed and maintained within one hundred fifty (150) feet (45,720 mm) of a fire department connection serving a sprinkler or standpipe system. When installation of fire protection including fire apparatus access roads and water supplies for fire protection, is required, such protection shall be made serviceable prior to the time of above grade construction. Exceptions: 1. When the alternate means of protection, as approved by fire code official, are provided, the requirements of section 508.1 may be modified or waived. 2. For Group R-3 and Group U occupancies that distance requirement shall be 500 feet (152400 mm). 2.2 When street widths are reduced in Group R-3 and Group U occupancies to less than thirty two (32) feet (9753.6 mm), the distance requirement shall be three hundred (300) feet (91440 mm). 3. For all buildings with the exception of Group R-3 and Group U occupancies and buildings that are equipped throughout with an approved automatic sprinkler system installed in accordance with sections 903.1 .1. the distance requirement shall be 300 feet (91440 mm). 508.5.7 Marking of fire protection equipment. Added to read as follows: 508.5.7 Marking of fire protection equipment. Fire protection equipment and fire hydrants shall be clearly identified in an approved manner to prevent obstruction by parking and other obstructions. See also sections 508.5 and 505.5.5. Fire hydrants shall be painted only colors that are approved by the Water District of jurisdiction. 603.9.1 Gas meter identification. Added to read as follows: 603.9.1 Gas meter identification. Gas meters shall be identified with the building address and/or unit number. 42 605.1, Abatement of electrical hazards. Amended by the addition of a second paragraph to read as follows: Wiring systems, including covers, shall be maintained as required in the National Electrical Code for their original installation. 605.3.1.2, Main electrical disconnects labeling. Added to read as follows: 605.3.1.2 Main electrical disconnects labeling. Electrical rooms containing the main electric disconnect shall be identified with a permanently affixed sign with letters not less than one (1) inch (25 mm) in height on a contrasting background to read "MAIN ELECTRICAL DISCONNECT." 605.3.1.3, Labeling of address or unit disconnects. Added to read as follows: 605.3.1.3 Labeling of address or unit disconnects. Electrical disconnects shall be identified with the address and/or unit number in accordance with the electrical code. 903.1.2, Location of sprinkler control valves. Added to read as follows: 903.1.2 Location of sprinkler control valves. When automatic sprinkler systems are provided within a building and the system serves more than one tenant space, the main control valves shall be placed within an approved room that has access provided from the building exterior. The door to said room shall be not less than three (3) feet (914 mm) in width by six (6) feet eight (8) inches (203.2 mm) in height. The door shall be appropriately labeled with a permanent sign with letters having a principal stroke of not less than one inch (25 mm) in height on a contrasting background. 903.2.1.6 Group B. Created to read as follows: Section 903.2.1.6 Group B. An automatic sprinkler system shall be installed in Group B occupancies where the fire area containing a Group B Occupancy exceeds 12,000 square feet (1115m2) or more or where the combined fire area on all floors including mezzanines exceeds 18,000 square feet (91937m2). 903.2.2.1 Group E Occupancies. Amended to read as follows: 903.2.2.1. Group E. An automatic sprinkler system shall be installed where the floor area containing a Group E Occupancy exceeds 12,000 square square feet (1115m2) or more including all combined floors. 43 903.2.3.2 Group F-2 Occupancies. Created to read as follows: 903.2.3.2. Group F-2. An automatic sprinkler system shall be installed in Group F-2 Occupancies where the floor area exceeds 12,000 square feet (1115m2) or where the combined fire area on all floors including mezzanines exceeds 18,000 square feet (1937m2). 903.2.9.2 Group S-2 Occupancies. Created to read as follows: 903.2.3.9 Group 5-2. An automatic sprinkler system shall be installed in Group S-2 Occupancies where the floor area exceeds 12,000 square feet (1115m2) or where the combined fire area on all floors including mezzanines exceeds 18,000 square feet (1937m2). 903.3.7.1 Hose connection locations. Added to read as follows: 903.3.7.1 Hose connection locations. The fire department hose connections for a sprinkler system shall be located within one hundred fifty (150) feet (45 ,720mm) of a fire hydrant. Hose connections shall be located a minimum height of three (3) feet (194mm) and a maximum height of four (4) feet (1219mm) above the finished grade. 903.4.2.1 Audible and visual signals. Added to read as follows: 903.4.2.1 Audible and visual signals. Audible and visual fire alarm signals shall be connected to every automatic sprinkler system. Such audible and visual signals shall be activated throughout the building upon water flow. 904.11 Commercial cooking systems. Amended by deleting referenced standard numbers: 1. Carbon dioxide extinguishing system, NFPA 12; and 2. Automatic sprinkler systems, NFPA 13. The remaining referenced standards 3, 4, and 5 shall remain unchanged. 904.11.3 Carbon dioxide systems. Deleted in its entirety. 904.11.4 Special provisions for automatic sprinkler systems. Deleted in its entirety. 904.11 .7, Residential type cooking equipment. Added to read as follows: 904.11.7 Residential type cooking equipment. When residential type cooking equipment is installed within Group A, B, E, F, S, and R-4 occupancies, a residential fire extinguishing system may be used in lieu of 44 a commercial type fire extinguishing system with the approval of the fire code official and building code official. 905.1.1 Hose connection locations-standpipe systems. Added to read as follows: 905.1.1 Hose connection locations-standpipe systems. Fire department hose connections for a standpipe system shall be located within 150 feet (45720 mm) of a fire hydrant, and a minimum of three (3) feet (914 mm) and a maximum of four (4) feet (1219 mm) above finished grade. A minimum of a three-foot (914 mm) clear space shall be provided around the circumference of a fire department connection. 905.1.2 Main control valve. Added to read as follows: 905.1.2 Main control valve. When standpipe systems are provided within a building and it serves more than one tenant space, the main control valve shall be located within an approved room that has access provided from the building exterior with a door for fire department access. Said door shall not be less than three (3) feet (914mm) in a width by six (6) feet eight (8) inches (2030mm) in height and shall be appropriately labeled with a permanent sign with letters having a principal stroke of not less than one-inch (25mm) in height on a contrasting background. 906.3 Size and distribution. Amended to read in its entirety: 906.3 Size and distribution. Multipurpose dry chemical portable fire extinguishers shall be ten (10) pounds (4.5kg), shall have a minimum UL classification of 4-A, and shall be rated to fight Class A, B, or C fire hazards. 907.1.2.1. Remote Indicating Devices. Added to read as follows: 907.1.2.1. Remote indicating devices. Remote indicating devices shall be provided on all required duct detectors, elevator and electrical panel rooms, 120 volt detectors within multi-family dwelling units with access from interior corridors and where detection device activation is not readily visible to responding fire fighters. 907.2.3 Group E. Amended to read in its entirety: 907.2.3 Group E. An approved smoke and heat detection system and manual activation devices shall be installed in Group E occupancies having an occupant load of 20 or more. Group E occupancies having an occupant load of more than five but not more than 19 shall be equipped with an approved hard wired 120-volt smoke detection system, with 45 battery back-up, and which is interconnected in accordance with the International Residential Code. 907.2.10.1.2.1, Group R-4. Added to read as follows: 907.2.10.1.2.1 Group R-4. Group Homes classified as Group R-4 occupancies arranged for occupancy as residential care. assisted living facilities containing more than five (5) persons, including staff, shall be provided with an approved automatic fire alarm system. Group homes having four (4) or fewer persons, including staff, shall be provided with an approved hard wired one hundred twenty (120) volt smoke detection system, with battery back up, and interconnected in accordance with the International Residential Code. 907.2.10.1.2.2, Group R-4-Senior citizen care. Added to read as follows: 907.2.10.1.2.2 Group R-4 -Senior citizen care. Structures used to provide for the care or housing of six or more senior citizens shall be equipped with an approved automatic fire alarm system installed in accordance with NFPA 72." Senior care facilities housing containing containing five (5) or fewer persons including staff shall be provided with an approved hard-wired one-hundred-twenty (120) volt smoke detection system, with battery back-up that is interconnected in accordance with the International Residential Code. 912.3.1 Locking fire department connection caps. Amended to read in its entirety: 912.3.1 Locking fire department connection caps shall be installed on fire department connections on all new water-based fire protection systems. Existing fire department connections on waterbased fire protection systems shall be required to install locking fire department connection caps, where the fire department connection caps are missing or where the fire department connection is being subject to interior obstructions. 1011.1.1, Additional exit signs. Added to read as follows: 1011.1.1 Additional exit signs. When exit signs are required by the building code, additional low-level exit signs, which are internally or externally illuminated, photo luminescent, or self-luminous shall be provided in corridors serving guest rooms in Group R, Division 1 occupancies and amusement buildings. The bottom of such sign shall not be less than six (6) inches (152 mm) nor more than eight (8) inches (203 mm) above the floor level and shall indicate the path of exit travel. For exit and exit-access doors, the sign shall be on the floor or adjacent to the 46 door with the closest edge of the sign within four (4) inches (102 mm) of the doorframe. 1027.3.1 Signs. Added to read as follows: 1027.3.1 Signs. Exit doors that could be obstructed from the outside shall be posted with a permanent sign on the exterior side of the door stating "EXIT DOOR -DO NOT BLOCK." The sign shall consist of letters having a principal stroke of not less than three-fourths (3/4) inch (19 mm) wide and at least six (6) inches (152 mm) high on a contrasting background. 1412.1 When required. Amended by addition a second paragraph to read as follows: 1412.1 When required. When inadequate fire flows and distribution of fire hydrants are present at the site prior to construction, an approved water supply system and additional fire hydrants shall be provided to meet the requirements of Appendix B Fire flow requirements for buildings, prior to additional construction commencing. 2204.3 Unattended self-service motor fuel-dispensing facilities. Amended to read in its entirety: Unattended self-service motor fuel-dispensing facilities that dispense Class 1 flammable liquids shall not be permitted or operated. , Exception: Diesel and bio-diesel facilities that comply with Section 2204.3.1. through 2304.3.7 3308.2.2., Where allowed. Added to read as follows: 3308.2.2.1 Where allowed. Proximate audience displays may be conducted only within buildings that contain an approved automatic sprinkler system. 3406.6.1.2.1 Vapor recovery device. Added to read as follows: 3406.6.1.2.1 Vapor recovery device. It shall be unlawful for any driver, operator, or attendant to defeat or fail to use any vapor recovery device or system that has been provided for use with the vapor recovery device or system. All equipment shall be approved and maintained for use with the vapor recovery system provided at the site. 3804.2 Maximum capacity within established limits. Amended to read as follows: 47 3804.2 Maximum capacity within established limits. Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacity of anyone installation shall not exceed a water capacity of 2,000 gallons within the City of Wheat Ridge. Chapter 45 Referenced standards. Amended by adding the following referenced standard on to the International Code Council Standard Reference list: Insurance Service Office 545 Washington Boulevard Jersey City, NJ 07310-1686 Insurance Service Office Guide for Determining Fire Flow, Fire Suppression Rating Schedule February 2003. Chapter 45 Referenced standards. Amended by deleting the following referenced standards from the National Fire Protection Association Standard's from the National Fire Protection Association's standard reference list: Standard 101 , Life Safety Code. Appendix B, Fire-flow requirements for buildings, Section B103.1 Decreases. Amended in its entirety to read as follows: B103.1 Decreases. Decreases in the minimum required fire flow are permitted up to 50 percent, when the building is provided with an approved automatic sprinkler system installed throughout and in accordance with 903.3.1 standards. Section 903.3.1.2 NFPA 13R sprinkler systems are not permitted to be used for a reduction in minimum required fire flows. In areas where the required fire flow cannot be obtained, Group R-1, R-2, R-3, or R-4 new or remodeled residential occupancies shall have sprinkler systems installed in accordance with section 903.3.1.1 of the building code, as amended. When it is determined that it is impractical to obtain the required fire flows as required herein for any other occupancy, a decrease shall not be granted without the approval of fire code official and building official. Any decrease in the required fire flows will require alternative means of fire protection and mitigation. Section 7. Section 5-87 of the Code is repealed in its entirety and reenacted to read as follows: (a) Adoption. The International Fuel Gas Code, 2006 Edition, is hereby adopted by reference and incorporated into this article as though fully set 48 forth herein as the fuel gas code of the City of Wheat Ridge. One copy of said International Fuel Gas Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents and index contained herein. (b) Amendments. The International Fuel Gas Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2006 International Fuel Gas Code. 101.1 Title. Amend to read in its entirety: 101.1 Title. These regulations shall be known as the Fuel Gas Code of the City of Wheat Ridge, hereinafter referred to as "this code." 106.4.3 Expiration. Amend to read in its entirety: 106.4.3 Expiration. Every permit issued by the code official under the provisions of this code shall expire one year (365 days) after the date of issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 106.5.2 Fee schedule. Amend to read in its entirety: 106.5.2 Fee Schedule. The fees for work done pursuant to this code shall be as set forth in Table 1-A. 106.5.3 Refunds. Amend to read in its entirety: 106.5.3 Refunds. The code official shall authorize the refunding of fees as follows: 1. The full amount any fee paid hereunder that was erroneously paid or collected. 2. Not more than 100 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 49 4. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled after initiation of any plan review effort. Note: The code official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. 108.4 Violation penalties. Amend to read in its entirety: 108.4 Violation penalties. Any person or entity who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1 ,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 108.5 Stop work orders. Amend to read in its entirety: 108.5 Stop work orders. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, or visibly posted at the work site. The notice shall state the conditions under which the work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than 1000 dollars. 109 Means of Appeal. Amend to read in its entirety: 109 Means of Appeal. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. 50 406.4 Test pressure measurement. Amend to read in its entirety: 406.4 Test pressure measurement. Test pressure shall be measured with a manometer or with a pressure-measuring device designed and calibrated to read, record, or indicate a pressure loss caused by leakage during the pressure test period. Mechanical gauges used to measure test pressure shall have a maximum pressure range of 150 psig" except for one and two-family dwellings, which shall have a maximum range of 30 psig and shall display measurements in 1 psig increments. 406.4.1 Test Pressure. Amend to read in its entirety: 406.4.1 Test Pressure. The test pressure to be used shall be no less than 1-1/2 times the working proposed maximum working pressure, but not less than 20psig, irrespective of design. Where the test pressure exceeds 125 psig, the test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50 percent of the specified minimum yield strength of the pipe. 406.4.2 Test duration. Amend to read in its entirety: 406.4.2 Test duration. Test duration shall be not less than one-half hour for each 500 cubic feet of pipe volume or fraction thereof, except for one and two-family dwellings, which shall a test duration of not less than 15 minutes. The maximum t~st duration shall not be required to exceed 24 hours. 614.6.1 Maximum length. Amend to read in its entirety: 614.6.1 Maximum length. The maximum length of a clothes dryer exhaust duct shall not exceed 35 feet from the dryer location to the outlet terminal. The maximum length of the duct shall be reduced 2-1/2 feet for each 45 degree bend and 5 feet for each 90 degree bend. The maximum length of the exhaust duct does not include the transition duct. Exception: Where the make and model of the clothes dryer to be installed is known and the manufacturer's installation instructions for such dryer are provided to the code official, the maximum length of the exhaust duct, including any transition duct, shall be permitted to be in accordance with the dryer manufacturer's installation instructions. 51 Appendices. The following appendices are adopted in their entirety without amendment: Appendix A (IFGS): Sizing and Capacities of Gas Piping Appendix B (IFGS): Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category 1 Appliances, and Appliances Listed for Use with Type B Vents Appendix C (IFGS): Terminals of Mechanical Draft and Direct-Vent Venting Systems Appendix D (IFGS): Recommended Procedure for Safety Inspection of an Existing Appliance Installation Section 9. Table 1-A concerning building permit fees and other related fees, attached hereto as Attachment 1, is hereby adopted; provided, however, the City Council may amend the same from time to time by motion or resolution. Section 10. Section 5-83 of the Code is amended to read as follows: EXCEPT AS OTHERWISE PROVIDED FOR IN THE AMENDMENTS FOR A CODE ADOPTED HEREIN BY REFERENCE, a person, firm, corporation, partnership or any other entity who violates any of the technical codes contained in this articles, as such violations are are defined in each of the respective codes and its amendment(s), may be punished by a fine of not more than one thousand dollars ($1 ,000.00), or by imprisonment for a period of not exceeding one year, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment for violation of any provision of a technical code contained in this article. Each day that a violation continues shall be deemed a separate offense. The penalties provided in this section are intended to apply exclusively and solely to the technical codes contained in this articled and do not rescind, amend or otherwise affect any other penalty provisions of this chapter. Section 11. 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 12. Effective Date. This Ordinance shall take effect August 1, 2010. 52 INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 1 on this 1ih day of April, 2010, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for Monday, May 10, 2010 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 , 2010. SIGNED by the Mayor on this __ day of _____ , 2010. ATTEST: Michael Snow, City Clerk First Publication: April 15, 2010 Second Publication: April 30, 2010 3rd Publication: Wheat Ridge Transcript Effective Date: August 1, 2010 I Jerry DiTullio, Mayor Approved as to Form Gerald E. Dahl, City Attorney 53 Attachment 1 2006 Table 1-A -Building Permit Fees Total Valuation Fee $1.00 to $500.00 $26.50 $501 .00 -$2,000.00 $26.50 for the first $500.00 plus $3.40 for each additional $100.00, or fraction thereof, to and including $2,000.00. $2,001 -$25,000.00 $77.50 for the first $2,000 plus $15.85 for each additional $1 ,000.00, or fraction thereof, to and including $25,000.00. $25,001 .00 -$50,000.00 $442.05 for the first $25,000.00 plus $11 .50 for each additional $1 ,000.00, or fraction thereof, to and including $50,000.00. $50,001 .00 -$100,000.00 $729.55 for the first $50,000 plus $8.05 for each additional $1 ,000.00, or fractions thereof, to and including $100,000.00. $100,001.00 -$500,000.00 $1132.05 for the first $100,000.00 plus $6.45 for each additional $1,000.00, or fraction thereof, to and including $500,000.00. $500,001 .00 -$1 ,000,000.00 $3712.05 for the first $500,000.00 plus $5.50 for each additional $1 ,000.00, or , fractional thereof, to and including $1 ,000,000.00. $1 ,000,001 .00 and up $6462.05 for the first $1 ,000,000.00 plus $4.10 for each additional $1,000.00, or fraction thereof. Other Inspections and Fees: 1. Inspections outside of normal business hours (two hour minimum) $60.00 per hour (1) 2. Re-inspection fees $60.00 per hour (1) 3. Inspections for which no fee is specifically indicated (one hour minimum) $60.00 per hour (1) 4. Additional plan review required by changes, additions or revisions to plans $60.00 per hour (1) * (two hour minimum) 5. For use of outside consultants for plan checking and inspections, or both Actual costs (2) 6. A fee equal to the permit fee shall be applied to all permits for work initiated prior to issuance of the required permit (1) Or the total hourly costs to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employee(s) involved. (2) Actual costs including administrative and overhead costs. 54 Fees for specific projects shall be as listed below, plus use taxes based on project valuation: Residential Fences (Outside of designated flood areas) Residential Furnace/Boiler Replacement Residential Water heater replacement Backflow device for Residential lawn irrigation Residential Evaporative Coolers Residential Window Replacement Residential Hot Tubs and Above-Ground Pools Residential Air-Conditioning New Residential Furnace/Boiler installation $100.00 (non-replacement) $35.00 $40.00 $40.00 $40.00 $40.00 $50.00 $60.00 $60.00 * Prices are exclusive of applicable use taxes based on valuation 55 , WhCiety aof t RLd.ge ITEM No:3\ DATE: May 10,2010 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 05-2010 AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTERS 5 AND 21 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING THE LICENSING OF CONTRACTORS o PUBLIC HEARING o BIDSIMOTIONS o RESOLUTIONS QUASI-JUDICIAL: o ORDINANCES FOR 1ST READING (04/12/2010) ~ ORDINANCES FOR 2ND READING (0511 012010) DYES ~ NO eot Director ISSUE: The proposed ordinance amends the existing contractor license classes and clarifies the definition ofa contractor. The scope of the Class 4 license is broadened to include all contractors not specifically included in classes 1-3 and 5-15. The class 5 Homeowner Building Contractor license is altered to remove the currently prescribed fee and licensing requirement, and instead, establish a simplified registration process similar to the Class 10 Electrical Contractor license. The Class JO Electrical Contractor license is update to coordinate with licensing legislation enacted at at the state level. Other amendments are included to clarify responsibility at the departmental and divisional level for verification oflicense qualifications. PRIOR ACTION: This ordinance was also proposed in 2009 when adoption of the 2006 codes was initially being considered. The proposed changes were reviewed during the building division assessment in 2009 and were not reviewed by the Mayor's Task Force in 2010. It was a recommendation of Colorado Code Consultants to clarify contractor licensing and make the changes regarding homeowner licensing as is being proposed in this ordinance. Council Action Form May 10,2010 Page 2 FINANCIAL IMP ACT: None. BACKGROUND: The current ordinance, as written, is ambiguous in its definition of contractor and scope of work requiring licensing. Additionally, the current ordinance does not distinguish in its licensing requirements between homeowners and traditional contractors, requiring the same licensing procedures for both and a fee for homeowner licensing. These requirements for homeowners are unnecessary and present an obstacle to the Building Division's ability to properly record and track homeowner performed projects. The current ordinance also contains a specific list of projects eligible to be performed under a class 4 contractor license, creating ambiguity as to which classification of license is required for contractors no performing the specified types of work that are listed. Finally, the current ordinance language pertaining to electrical contractors does not align with State requirements for "registration" of electrical contractors in lieu of of "licensing". RECOMMENDATIONS: Staff recommends that City Council conduct a public hearing and adopt the proposed ordinance on 2nd reading. RECOMMENDED MOTION: "[ move to approve Council Bill No. 5-2010, an ordinance amending certain sections of Chapters 5 and 21 of the Code of Laws concerning the licensing of contractors on second reading and that it take effect August 1,20 I 0." Or, "I move to table indefinitely Council Bill No. 5-2010 for the following reason(s) _____ " REPORT PREPARED BY: John Schumacher, Chief Building Official Ken Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill 05-2010 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER REINHART Council Bill No. 05 Ordinance No. ___ _ Series 2010 TITLE: AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTERS 5 AND 21 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING THE LICENSING OF CONTRACTORS WHEREAS, the City of Wheat Ridge ("City"), acting through its City Council, has authority pursuant to Article XX of the Colorado Constitution, C.R.S. § 31-15-501, and the City's Home Rule Charter to regulate the licensing of contractors, and has previously done so in Chapter 5, Article IV of the Code of Laws of the City of Wheat Ridge ("Code"); and WHEREAS, the City acting through its City Council, has authority pursuant to Article XX of the Colorado Constitution, C.R.S. § 31-15-702, and the City's Home Rule Charter to regulate the licensing of work performed in the public way, and has previously done so in Chapter 21, Article II of the Code; and WHEREAS, the City Council wishes to revise certain sections of Chapter 5, Article IV of the Code and to relocate a provision of said Article IV to Chapter 21, Article II to provide for more efficient administration and enforcement of licensing of contractors. ' NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 5, Article IV, Section 5-101 of the Code, concerning the definition of "contractor," is hereby amended as follows: (a) CONTRACTOR, GENERALL Y. In this article "contractor" shall mean any person who undertakes to perform any of the operations controlled by this article for any compensation whatsoever, excepting that a person performing for wages under and for another person appropriately licensed shall not be considered as a contractor. (b) CLASSIFICATION OF CONTRACTORS. NOTWITHSTANDING SUBSECTION (a) ABOVE, ANY PERSON PERFORMING WORK CLASSIFIED IN SEC. 5-117(a) SHALL BE APPROPRIATELY LICENSED AS A CONTRACTOR PURSUANT TO THIS ARTICLE; PROVIDED, HOWEVER, ANY PERSON OPERATING AS AN ELECTRICAL CONTRACTOR SHALL NOT BE REQUIRED TO BE ATTACHMENT ATTACHMENT 1 .1 LICENSED, BUT SHALL BE REQUIRED TO BE REGISTERED PURSUANT TO SEC. 5-116(b). (c) PROPERTY OWNERS. An owner performing WORK on his own property shall be considered as a contractor if the l3erformanse WORK affects the structural sufficiency of a habitable structure, AND TO THAT EXTENT, SUCH OWNER MUST BE LICENSED AS A CONTRACTOR unless he is working under and for another person appropriately licensed. Section 2. The first sentence of Chapter 5, Article IV, Section 5-116(b) of the Code is hereby amended as follows: Inasmuch as electrical licensing and the examination of persons performing electrical work is HAS BEEN DECLARED BY THE COLORADO LEGISLATURE TO BE a matter of statewide concern, no examination, certification or licensing of electrical contractors or any examination, certification, licensing or registration of ELECTRICAL CONTRACTORS, master electricians, journeyman electricians, 9f-residential wiremen, OR apprentices or trainees who are licensed, REGISTERED or certified under C.R.S. tit. 12, art. 2J l3aragral3h 12 2J 1().2 et seq. ARTICLE 23, TITLE 12, C.R.S., as amended, shall be required by the city; HOWEVER, THE CITY MAY IMPOSE REASONABLE REGISTRATION REQUIREMENTS ON ANY ELECTRICAL CONTRACTOR AS A CONDITION OF PERFORMING SERVICES WITHIN THE JURISDICTION OF ANY SUCH AUTHORITY. NO FEE SHALL BE CHARGED FOR SUCH REGISTRATION. Section 3. Chapter 5, Article IV, Section 5-117(a)(3) of the Code is hereby amended as follows: Residential building contractor-Class 3. A residential building contractor, class III, shall be limited to one (1) and two (2) family dwellings and multiple single-family (townhouse) residential structures not exceeding three (3) stories, AND THEIR ACCESSORY STRUCTURES. Section 4. Chapter 5, Article IV, Section 5-117(a)(4) of the Code is hereby amended as follows: Building contractor-Class 4. A CLASS 4 CONTRACTOR LICENSE SHALL BE REQUIRED FOR ALL WORK NOT OTHERWISE AUTHORIZED UNDER SUBSECTIONS (1) THROUGH (3) AND (5) THROUGH (15) OF THIS SUBSECTION (a) . A buileling sontrastor, slass 4, shall be authorizoeel to l3erform the following, Non habitable builelings anel strustures Carl30rt Private eletasheel garage Storage Sheel Swimming 130015 2 Fenses Siding Fassia Soffit Patio sovers Glazing/windows (installation, replasement and repair) Framing Drywall Masonry (none strustural '/eneer only) Elevator systems Section 5. Chapter 5, Article IV, Section 5-117(a)(5) of the Code is hereby amended as follows: Home owner building contractor -Class 5. A home owner building contractor, class 5, shall be AUTHORIZED TO DO THE FOLLOWING: issued to an individual who desires to perform work involving construction, alterations or additions including plumbing, eleotrisal and mechanical alterations of a single-family dwelling owned and resided in by that individualc FOR A PERIOD OF ONE YEAR AFTER APPROVED FINAL INSPECTION OF THE WORK. A CITY CONTRACTOR LICENSE SHALL NOT BE REQUIRED; HOWEVER, A HOME OWNER BUILDING CONTRACTOR, CLASS 5, SHALL BE REQUIRED TO BE REGISTERED IN THE CITY. Section 6. Chapter 5, Article IV, Section 5-117(a)(10) of the Code is hereby amended as follows: Electrical contractor-Class 10. An electrical contractor, class 10, shall be authorized to do the following: installation of electrical systems on residential and commercial properties. PURSUANT TO SEC. 5-116(b) ABOVE, AN ELECTRICAL CONTRACTOR, CLASS 10 SHALL NOT BE REQUIRED TO BE LICENSED IN THE CITY; HOWEVER, AN ELECTRICAL CONTRACTOR, CLASS 10 SHALL BE REQUIRED TO BE REGISTERED IN THE CITY AND PROVIDE PROOF OF required to have A VALID, CURRENT STATE OF COLORADO MASTER ELECTRICIAN'S LICENSE PURSUANT TO ARTICLE 23, TITLE 12, C.R.S. a State of Colorado issued sontrastors masters lisense UPON REGISTRATION. Exception: Authorized and franchised public utility companies. Section 7. Chapter 5, Article IV, Section 5-117(a)(15) of the Code is hereby amended as follows: MtJRisifJa! sonY-astor Class A. Electrical signal contractor-Class 15. An electrical signal contractor, class 15, shall be authorized to do the following: installation of fire detection, fire alarm, burglar alarm, pneumatic control and all signaling or control systems where the electrical voltage does not exceed forty eight (48) FIFTY (50) volts. Exception: Authorized and franchised public utility companies. 3 Section 8. Chapter 5, Article IV, Section 5-117(b) of the Code is hereby amended as follows: Holders of certain of the licenses SET FORTH IN SUBSECTION (a) ABOVE, may perform as if licensed for certain of the other functions in accordance with the following schedule: Licensed as Class 1 Class 2 Class 3 Section 9. as follows: May perform as Class 2, 3,4 Class 3, 4 Class 4 Chapter 5, Article IV, Section 5-119 of the Code is hereby amended (a) The aef)artment of f)ubliG works [is] to aetermine liGense qualifiGations for Glass I'. through Glass C liGenses. (Gt-There is hereby vested in the building inspection division ana the aef)artment of f)ubliG works, pursuant to law, the duty of determining the qualifications of applicants for the certain licenses established by this chapter. Section 10. Chapter 5, Article IV, Section 5-121 of the Code is hereby amended as follows: (5) Home owner building contractor, Class 5 --$75.00 NO FEE Section 11 . Chapter 21, Article II, Section 21-21 of the Code is hereby amended by by the insertion of a new subsection (a) as follows, the remaining subsections to be relettered and numbered accordingly: (a) THE DEPARTMENT OF PUBLIC WORKS SHALL DETERMINE LICENSE QUALIFICATIONS FOR CLASS A THROUGH CLASS C LICENSES. Section 12. Severabilitv: Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, sUbsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 13. Effective Date. This Ordinance shall take effect on August 1, 2010. 4 INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 -0 to on the 1 ih day of April 2010, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for Monday, May 10, 2010, 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 day of , 2010. SIGNED by the Mayor on this ___ day of _________ , 2010. ATTEST: Michael Snow, City Clerk First Publication: April 15, 2010 Second Publication: Wheat Ridge Transcript: Effective Date: Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl, City Attorney 5 _ City of. ? Wheat RL-dge ITEM NO: JtDATE: May 10,2010 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 07-2010 -AN ORDINANCE APPROVING THE SALE OF DESIGNATED PARK LAND NEAR THE INTERSECTION OF WEST 38TH AVENUE AND KIPLING STREET AND, IN CONNECTION THEREWITH, APPROVING AN AGREEMENT D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: !(o< Public Works Director ISSUE: D ORDINANCES FOR I ST READING (04/26/2010) [g) ORDINANCES FOR 2ND READING (05/10/2010) DYES [g) NO A master plan for the park property located at 3Sth and Kipling was completed and approved in 200S. The park master plan addressed the actual park design, as well as accommodated the parking lot deficiency of the Appleridge Cafe, located at the SE comer of3Sth and Kipling. The park master plan included a pedestrian/bicycle trail along Kipling Street. However, there is insufficient Kipling right of way adjacent to the Appleridge Cafe to extend the trail to 3Sth Avenue. Acquisition of property from the restaurant site would allow construction of the trail connection and provide continuity to 3Sth Avenue. The restaurant site is not large enough to meet the restaurant's parking needs or provide convenient access to their trash dumpster. The City has accommodated this business need for many years through a license agreement for use ofthe park property south of the restaurant site for trash truck access. Selling a portion of the park property to the restaurant owner, while buying a portion of the restaurant site along Kipling, will provide a permanent solution Council Action Form May 10,2010 Page 2 concerning the restaurant parking issue and will allow the City to construct the trail to 38th Avenue. PRIOR ACTION: City Council approved a resolution to obtain an appraisal on the applicable portion of park property adjacent to the Appleridge Cafe on August 28, 2008. City Council approved the transfer of the reverter clause from this park parcel to the Baugh House property on September 28,2009 as one of the required steps to allow for the future disposal of the park property. FINANCIAL IMPACT: The City will, in exchange for the right of way, construct the new addition to the restaurant parking lot for an amount not to exceed $103,000. BACKGROUND: The City has presented a contract to the property owner with the following components based on the appraised price: I) Owner purchase 11,431 square feet of park property for the purchase price of $110,197.60. 2) City will receive Kipling Right of Way from the property owner in the amount of 4,572 sq uare feet. 3) The City will, in exchange for the right of way, construct the new addition to the restaurant parking lot for an amount not to exceed $103,000. Per Gerald Dahl, City Attorney, the Meat Ridge Charter addresses the disposal of park land in Section 16.5. "The city shall not sell or dispose of municipally owned buildings or real property for a public purpose, without first obtaining the approval, by ordinance, of three-fourths of the entire council. Unanimous approval of the entire council, by ordinance, shall be necessary for sale or disposition of designated park land." The park master plan was designed to achieve a win-win situation with the existing restaurant business located on the corner. The plan identifies the northeast comer of the parkland as an area for future development. The restaurant property owner at this time does not wish to purchase the entire .85 acres. A lot will be platted for future sale when, and if, the restaurant property redevelops. This park parcel will remain vacant in the future to allow for future development, sale and or lot consolidation with the restaurant property. RECOMMENDATIONS: Staffrecomrnends approval of Council Bill No. 07-2010 Council Action Form May 10,2010 Page 3 RECOMMENDED MOTION: " /move to approve Council Bill No. 07-2010, approving the sale of designated park land near the intersection of West 38th Avenue and Kipling Street and, in connection therewith, approving an agreement on second reading, and take effect 15 days after final publication." Or, "I move to table indefinitely the approval of Council Bill No. 07-2010, approving the sale of designated park land near the intersection of West 38th Avenue and Kipling Street for the following reason(s) " REPORT PREPARED AND REVIEWED BY: Joyce Manwaring, Parks and Recreation Director Tim Paranto, Public Works Director ATTACHMENTS: 1. Council Bill No. 07-2010 2. Agreement 3. Park Master Plan 4. Parcel Diagram TITLE: CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES COUNCIL BILL NO. 07 ORDINANCE NO. ___ _ Series 2010 AN ORDINANCE APPROVING THE SALE OF DESIGNATED PARK LAND NEAR THE INTERSECTION OF WEST 38TH AVENUE AND KIPLING STREET AND, IN CONNECTION THEREWITH, APPROVING AN AGREEMENT WHEREAS, the City of Wheat Ridge, Colorado ("City") owns certain real property within the City near the intersection of West 38th Avenue and Kipling Street that is designated as park land; and WHEREAS, a portion of said park land is adjacent to private property owned by John Athanasopoulos, upon which a cafe business is currently located; and WHEREAS, in 2008, the City approved a master park plan for said park property that includes a pedestrian/bicycle trail along Kipling Street and recognizes the need to address the parking and access difficulties currently experienced by Mr. Anthanasopoulos' cafe property; and WHEREAS, in furtherance of both of these goals, the City and Mr. Anthanasopoulos have negotiated an agreement under which Mr. Anthanasopoulos conveys property to the City suitable to locate the pedestrian/bicycle trail and the City conveys property to Mr. Anthanasopoulos suitable to address his parking and access issues; and WHEREAS, the property the City proposes to convey to Mr. Anthanasopoulos is designated park land; and WHEREAS, pursuant to the Wheat Ridge City Charter Section 16.5, the unanimous approval of the entire City Council, by ordinance, is necessary to sell or dispose of designated park land; and WHEREAS, the City Council finds and determines that the sale of a portion of the park land located at West 38th Avenue and Kipling Street, under those terms and conditions set forth in the agreement concerning the same, promotes the public health, safety and welfare by removing access to the private cafe property through the Kipling deceleration lane and by allowing the continuation of pedestrian and bicycle access along Kipling Street to West 38th Avenue; and WHEREAS, the City Council therefore desires to approve the sale of said park property and, in connection therewith, to approve an agreement concerning the same. ATTACHMENT 1 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Sale of Park Property Approved. Pursuant to Charter Section 16.5, the City Council hereby approves the sale of certain City-owned property designated as park land, more particularly described in Exhibit 1, attached hereto and incorporated herein by this reference. Section 2. Agreement Approved. In connection with the sale of park land approved by Section 1 above, the City Council hereby approves the Agreement Concerning the Conveyance, Improvement and Development of Properties Adjacent to W. 38th Avenue and Kipling Street ("Agreement"), attached hereto as Exhibit 2 and incorporated herein by this reference. The Mayor and City Clerk are hereby authorized and directed to execute the Agreement. Section 3. Condition of Approval of Sale of Property. The sale of property approved by Section 1 above is expressly contingent upon the satisfaction of the condition precedent set forth in Section IIA of the Agreement: subdivision of the property subject to sale in accordance with the Wheat Ridge Code of Laws. Should this condition precedent fail to occur, the approval set forth in Section 1 above shall never become effective. Section 4. Severability. Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first readin~ by the unanimous approval of the entire membership of the City Council this 26t day of April, 2010, ordered published in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage passage set for Monday, May 10, 2010 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 the unanimous approval of the entire membership of the City Council th is day of ______ , 2010. SIGNED by the Mayor on this _ _ day of _____ , 2010. ATTEST: Michael Snow, City Clerk First Publication: April 29, 2010 Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald E. Dahl, City Attorney EXHIBIT 1 THE CITY PARCEL LEGAL DESCRIPTION: THE POINT OF COMMENCEMENT IS THE NW CORNER OF SECTION 27, T3S, R69W, 6TH PM; Thence N89°39'35"E on and along the North line of said section 27, a distance of 199.00 feet; Thence SOoo12'38"E parallel with the West line of said section 27, a distance of 35.00 feet; to the South ROW line of W. 38th Ave. and the TRUE POINT OF BEGINNING; Thence continuing southerly parallel with the West line of said section 27, a distance of 214.63 feet Thence S89°39'35"W parallel with the North line of said section 27, a distance of 124.00 feet; Thence NOoo12'38"W parallel with the West line of said section 27, a distance of 70.00 feet; Thence N89°39'35"E parallel with the North line of said section 27, a distance of 105.00 feet; Thence NOoo12'38"W parallel with the West line of said section 27, a distance of 144.92 feet to the South ROW line ofW. 38th Ave.; Thence S89°29'38"E on and along the South ROW line of W. 38th Ave., a distance of 19.00 feet; to the TRUE POINT OF BEGINNING. Containing 11,430.78 square feet or 0.2624 acres, more or less. NOTE: All bearings are relative to one another and are based on the bearing of the NORTH line of the NW 1/4 of said Section 27 being N 89°39'35" E. Bearings shown hereon are based on the CURRENT CITY DA TUM, a Ground-Based modified form of the NAD83/92 State Plane Coordinate System. EXHIBIT 2 AGREEMENT CONCERNING THE CONVEYANCE, IMPROVEMENT AND DEVELOPMENT OF PROPERTIES ADJACENT TO W. 38TH AVENUE AND KIPLING STREET This Agreement concerning the conveyance, improvement and development of properties adjacent to West 38th Avenue and Kipling Street (the "Agreement") is made and entered into as of the _ day of , 2010, by and between the City of Wheat Ridge, a Colorado home rule municipal corporation, whose address is 7500 W. 29th Avenue, Wheat Ridge, Colorado 80033 (the "City") and John Athanasopoulos, an individual whose address is 22 Morningside Drive, Wheat Ridge, Colorado 80215 (the "Owner"), collectively hereinafter the "Parties." WHEREAS, the Owner owns certain real property abutting the east side of Kipling Street, immediately south of the intersection of Kipling Street and W. 38th Avenue, more particularly described on Exhibit A (the "Kipling Parcel"); and WHEREAS, the Owner also owns certain real property adjacent to the Kipling Parcel, more particularly described on Exhibit B, upon which the business known as the Apple Ridge Cafe is located (the "Cafe Property"); and WHEREAS, the City owns a parcel of real property located to the southeast of the Cafe Property, which has been used with the City's consent for Cafe Property parking and trash storage and is more particularly described in Exhibit C (the "City Parcel"); and WHEREAS, the Owner wishes to convey the Kipling Parcel to the City in exchange for certain improvements which the City agrees to make to the City Parcel and the Cafe Property to better the Owner's use of the Cafe Property and the City Parcel for parking, storage, and other uses incidental to the primary use of the Cafe Property; and WHEREAS, the City desires to sell, and Owner desires to purchase, the City Parcel, which is more particularly described in Exhibit C; and WHEREAS, the Parties therefore wish to convey certain interests in their respective properties to each other with those reservations and upon those terms and conditions as more specifically set forth herein. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. THE KIPLING PARCEL A. The Parties recognize that all parcels proposed to be conveyed pursuant to this Agreement must first be properly subdivided in accordance with the laws of the City of Wheat Ridge. The parties agree to cooperatively pursue such subdivision. Within thirty (30) days of the date a final plat containing the Kipling Parcel is recorded in the office of the Jefferson County Clerk and Recorder, pursuant to Section 26-407.B.6. of the Wheat Ridge Code of Laws, as existing or hereafter amended, the City shall commence the Purchase Process, as defined and further described by Article V of this Agreement, for the Kipling Parcel. If the Kipling Parcel is conveyed to the City, it shall be conveyed by a deed in substantially the same form as attached hereto as Exhibit D. B. As sole consideration of Owner's conveyance of the Kipling Parcel, the City shall make certain improvements to the City Parcel and the Cafe Property in furtherance of Owner's use of the Cafe Property as a restaurant, such as parking and signage. The City's improvements to the City Parcel shall include the grading and paving of parking surface areas and the relocation of the existing free-standing Apple Ridge Cafe sign, as illustrated on Exhibit F to this Agreement (the "Improvements"). The cost of the Improvements shall not exceed ONE HUNDRED THREE THOUSAND DOLLARS ($103,000.00). The Parties agree that the City shall have no obligation to commence or complete any of the Improvements if and when the City's cumulative expenditures toward the Improvements total the maximum amount provided above. C. The City's obligation to construct the Improvements is contingent upon transfer of title to the Kipling Parcel to the City at Closing. The City shall commence construction of the Improvements within 240 business days of a successful Closing. II. THE CITY PARCEL A. The Parties recognize that all parcels proposed to be conveyed pursuant to this Agreement must first be properly subdivided in accordance with the laws of the City of Wheat Ridge. The parties agree to cooperatively pursue such subdivision. Within thirty (30) days of the date a final plat containing the City Parcel is recorded in the office of the Jefferson County Clerk and Recorder, pursuant to Section 26-407.B.6. of the Wheat Ridge Code of Laws, as existing or hereafter amended, Owner shall commence the Purchase Process, as defined and further described by Article V of this Agreement, for the City Parcel. If the City Parcel is conveyed to the Owner, it shall be conveyed by a deed in substantially the same form as attached hereto as Exhibit G. B. As sole consideration for the estate conveyed by the deed described in Section II .A. , Owner shall pay the City the sum of ONE HUNDRED TEN THOUSAND ONE HUNDRED NINETY-SEVEN AND 60/100 DOLLARS ($110,197.60). Owner's obligation to pay this amount is contingent upon transfer of title to the City Parcel to Owner at Closing. ARTICLES III AND IV INTENTIONALLY OMITTED V. PURCHASE PROCESS A. This Article shall govern the purchase process for any parcel conveyed pursuant to th is Agreement (the "Subject Property"), which process shall be known as the "Purchase Process" for each such individual parcel. B. The Party responsible for commencing the Purchase Process (the buying Party) shall do so by providing written notice of its intent to commence the Purchase Process to the selling Party as of a date certain, no earlier than the date of such notice. C. On or before ten (10) days following commencement of the Purchase Process, the selling Party shall cause to be furnished to the buying Party, at the selling Party's expense, a current commitment for owner's title insurance policy (Title Commitment) in an amount equal to the purchase price of the Subject Property. At the selling Party's expense, the selling Party shall cause the title insurance policy to be issued and delivered to the buying Party as soon as practicable at or after Closing if Closing occurs pursuant to subsection N below. The Title Commitment shall commit to delete or insure over the standard exceptions which relate to: 1. Parties in possession not shown by public records, including the Form 100 endorsement for the same; 2. Unrecorded easements; 3. Survey matters; 4. Any unrecorded mechanic's liens; 5. Gap period (effective date of commitment to date deed is recorded); and 6. Unpaid taxes, assessments and unredeemed tax sales prior to the year of Closing. f Any additional premium expense to obtain this additional coverage shall be paid by the selling Party. D. On or before ten (10) days following commencement of the Purchase Process, the selling Party shall cause the buying Party (and the issuer of the title insurance commitment) to receive a current survey of the Subject Property (the "Survey"). E. On or before ten (10) days following commencement of the Purchase Process, the selling Party, at its own expense, shall furnish to the buying Party: (1) a copy of any plats, declarations, covenants, conditions and restrictions burdening the Subject Property, and (2) copies of any other documents listed in the Title Commitment schedule of exceptions. The Title Commitment, together with any documents identified in this subsection as well as the Survey, constitute the Title Documents. F. The buying Party shall have the right to inspect the Title Documents. Written notice by the buying Party of un-merchantability of title, form or content of the Title Documents or of any unsatisfactory title condition shown by the Title Documents shall be signed by or on behalf of the buying Party and delivered to the selling Party on or before ten (10) days following receipt by the buying Party of the Title Documents or within five (5) days after receipt by the buying Party of any change to the Title Documents or endorsement to the Title Commitment (whichever is later), together with a copy of the document adding any new exception to title. If the selling Party does not receive the buying Party's notice by ten (10) days following the buying Party's receipt of the last to be received of the Title Documents, the buying Party accepts the condition of title as disclosed by the Title Documents as satisfactory. G. The selling Party shall deliver to the buying Party, on or before ten (10) days following commencement of the Purchase Process, true copies of any matters not shown by public records and of which the selling Party is in possession, including but not limited to, all leases and surveys pertaining to the Subject Property and shall disclose to the buying Party all easements, liens, or other title matters not shown by public records of which the selling Party is aware. The buying Party shall have the right to inspect the Subject Property to investigate if any third party has any right in the Subject Property not shown by the public records (such as unrecorded easement, unrecorded lease, or boundary line discrepancy). Written notice of objection to any unsatisfactory condition disclosed by the selling Party or revealed by such inspection shall be given to the selling Party on or before ten (10) days following receipt by the buying Party of the selling Party's disclosure or completion by the buying Party of the inspection contemplated above. If the selling Party does not receive any such notice by said date, the buying Party accepts title subject to such rights, if any, of third parties of which the buying Party has actual knowledge. H. The buying Party shall have the right to inspect the Survey. If written notice by or on behalf of the buying Party of any unsatisfactory condition shown by the Survey, notwithstanding subsection F. above, is received by the selling Party on or before ten (10) days following receipt by the buying Party of the Survey, then such objection shall be deemed an unsatisfactory title condition. If the selling Party does not receive the buying Party's notice on or before ten (10) days following receipt by the buying Party of the Survey, the buying Party accepts the Survey as satisfactory. I. On or before ten (10) days following commencement of the Purchase Process, the selling Party agrees to deliver to the buying Party the most current version of the selling Party's Property Disclosure form completed to the best of the selling Party's actual knowledge, current as of that date. J. On or before ten (10) days following commencement of the Purchase Process, the selling Party shall initiate at its cost a Phase I environmental assessment of the Subject Property and shall deliver the same to the buying Party as soon thereafter as is reasonably practicable. The buying Party shall also have the right to inspect the Subject Property. If the condition of the Subject Property as documented by the assessment is unsatisfactory in the buying Party's subjective discretion, the buying Party shall on or before ten (10) days following receipt by the buying Party of the Phase I environmental assessment of the Subject Property, deliver to the selling Party a written description of any unsatisfactory physical condition which the buying Party requires the selling Party to correct (Notice to Correct). If written notice is not received by the selling Party on or before ten (10) days following receipt by the buying Party of the Phase I environmental assessment of the Subject Property, the physical condition of the Subject Property shall be deemed to be satisfactory to the buying Party. If a Notice to Correct is received by the selling Party and if both Parties have not agreed in writing to a settlement thereof on or before ten (10) days following receipt by the selling Party of the buying Party's Notice to Correct, this Agreement shall terminate unless before such termination the selling Party receives the buying Party's written withdrawal of Notice to Correct. This paragraph shall not apply to the City Parcel because a Phase I environmental assessment has been performed on these properties and is currently available to all interested parties. K. Other than the environmental assessment required by subsection J above, the buying Party is responsible for payment of all inspection, tests, surveys, engineering reports, or for any other work performed at the buying Party's request and shall pay for any damage which occurs to the Subject Property and inclusions as a result of such activities. The buying Party shall not permit claims or liens of any kind against the Subject Property for inspections, tests, surveys, engineering reports or any other work performed on the Subject Property at the buying Party's request. Within the limitations imposed by the Colorado Constitution and Revised Statutes, the buying Party agrees to indemnify, protect and hold the selling Party harmless from and against any liability, damage, cost or expenses incurred by the selling Party to enforce this subsection, including the selling Party's reasonable attorney fees. The provisions of this subsection shall survive the termination of this Agreement. L. The buying Party's right to object shall include those matters listed in subsections C, D, E, G, I and J. If the selling Party receives notice of un-merchantability of title or any other unsatisfactory title condition or commitment terms as provided above, the selling Party shall use reasonable efforts to correct said items and bear any nominal expense to correct the same within ten (10) days of receiving notice thereof. If such unsatisfactory title condition is not corrected to the buying Party's satisfaction or waived by the buying Party within said ten (10) period, this Agreement shall terminate and the buying Party shall have no obligation to purchase the Subject Property nor shall the buying Party be compelled to purchase the same pursuant to Section VIA M. All amounts paid by the buying Party at Closing, including cash at Closing, plus the buying Party's share of the closing costs, shall be in funds which comply with all applicable Colorado laws, which include cash, electronic funds, certified check, savings and loan tellers check and cashiers check (Good Funds). N. Delivery of the deed for the Subject Property, in the form required by this Agreement, shall be at Closing. Closing shall be fifteen (15) days after the expiration of all notice and cure periods contemplated by this Agreement (the Closing Date), or by mutual agreement at an earlier or later date. The hour and place of Closing shall be designated by mutual agreement. O. Subject to payment of the purchase price at Closing as required herein, and compliance by the buying Party with the other terms and provisions hereof, the selling Party shall execute and deliver a deed to the buying Party, in the form required by this Agreement for the particular parcel. Except as provided herein, title shall be conveyed free and clear of all liens, including any governmental liens for special improvements installed as of the date of Closing, whether assessed or not. Title shall be conveyed subject to: 1. Those exceptions described by reference to recorded documents as reflected in the Title Documents accepted by the buying Party in accordance with subsection F. above; 2. Distribution utility easements; and 3. Those specifically described rights of third parties not shown by the public records of which the buying Party has actual knowledge and which were accepted by the buying Party in accordance with sUbsection G above, those exceptions disclosed by the Survey and which were accepted by by the buying Party in accordance with subsection H, and those physical conditions accepted by the buying Party in accordance with subsection J. P. Any encumbrance required to be paid shall be paid by the selling Party at or before Closing. All encumbrances, of whatever kind or nature, created or imposed upon the Subject Property during the period of the selling Party's ownership of the same shall be paid or removed by the selling Party, as appropriate, and compliance with this requirement is a condition to the buying Party's obligation to close and purchase the Subject Property. Q . The Parties shall pay in Good Funds, their respective Closing costs and all other items required to be paid at Closing, except as otherwise provided herein. The Parties shall sign and complete all customary or reasonably required documents at or before Closing. Fees for real estate closing services shall be paid at Closing as one-half by the buying Party and one-half by the selling Party. R. The following shall be prorated to the Closing Date except as otherwise provided: 1. Personal property taxes, if any, and general real estate taxes for the year of Closing, based on the most recent mill levy and most recent assessment. 2. Any rents due for the month of Closing. Security deposits held by the selling Party shall be credited to the buying Party. 3. Any charges for utilities provided for the month of Closing. 4. Unless otherwise agreed in writing, these prorations shall be final. S. Possession of the Subject Property shall be delivered to the buying Party on the Closing Date. If the selling Party fails to deliver possession as specified , the selling Party shall be subject to eviction and shall be additionally liable to the selling Party for payment of $1500 per day (or any part of a day) from the Closing Date until possession is delivered. T. The selling Party represents and agrees that (1) as of the execution hereof, there are no other contract purchasers of the Subject Property or holders of rights of refusal to buy the Subject Property, holding or having such rights by or through the selling Party, and (2) on and after its execution hereof, the selling Party shall not enter into any contract with any other party for purchase of the Subject Property, or granting any option or right of refusal to buy the subject property, from the date of this Agreement continuously until and while the Purchase Process for the Subject Property is in effect or until the option period expires for those parcels described in Articles III and IV of this Agreement. The Parties intend that this Agreement is exclusive with respect to the buying Party's right to purchase the Subject Properties described herein. U. For purposes of this Article V, any item required to be provided to a party shall be delivered to such party at the address designated by Section VI.F. below, and shall be deemed received by the party on either: (a) the date of personal delivery of the item, or (b) the 3rd day after the item is deposited in the United States Mail, first class, postage pre-paid, excluding legal holidays and Sundays. VI. MISCELLANEOUS PROVISIONS A. Breach; Remedies. The failure of either Party to perform any act required under this Agreement, including but not limited to the conveyance of property pursuant to the valid exercise of an option granted hereunder, shall constitute a breach of this Agreement. A non-breaching Party agrees to give written notice of such breach to the other Party, together with notice that the breaching Party may cure the same within ten (10) days of the date of the notice, to prevent further enforcement action by the nonbreaching Party. Each Party agrees to act in good faith to remedy any asserted breach within the ten (10) day cure period. In the event that any breach is not remedied after written notice and the expiration of the cure period, the non-breaching Party shall have the right of specific performance against the breaching Party. In no event shall any Party be entitled to claim or recover damages in any form, including actual, punitive, exemplary, consequential or economic, including lost profits. B. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in the District Court for Jefferson County, Colorado. C. No Waiver. Delays in enforcement or the waiver of anyone or more defaults or breaches of this Agreement by either Party shall not constitute a waiver of any of the other terms or obligation of this Agreement. D. Integration. This Agreement and any attached exhibits constitute the entire Agreement between Owner and the City, superseding all prior oral or written communications. E. Third Parties. There are no third-party beneficiaries to this Agreement. F. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail, addressed as follows: To the City: ATTN: -::-:--:--________ _ City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 To the Owner: John Athanasopoulos 22 Morningside Drive Wheat Ridge, Colorado 80215 G. Binding Effect. This Agreement shall be a covenant running with each of the properties identified herein, shall be recorded in the office of the Jefferson County Clerk and Recorder and shall be binding upon and inure to the benefit of the Parties hereto and their respective personal representatives, heirs, successors and assigns. H. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. I. Modification. This Agreement may only be modified upon written agreement of the parties. J. Assignment. Neither this Agreement nor any of the rights or obligations of the parties hereto, shall be assigned by either party without the written consent of the other. IN WITNESS WHEREOF, the City and the Owner have executed this instrument the day and year first above appearing. CITY OF WHEAT RIDGE, COLORADO Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk OWNER John Athanasopoulos STATE OF COLORADO ) ) ss. County of ______ _ ) The foregoing instrument was acknowledged before me this __ day of _____ , 2010, by John Athanasopoulos. Witness my hand and official' seal. My Commission expires: ___________ _ Notary Public EXHIBIT A Kipling Parcel LEGAL DESCRIPTION A Parcel of land in the NW Y. of Section 27, T3S, R69W of the 6th PM, described as: Commencing at the NW corner of Section 27, T3S, R69W of the 6th PM: Thence S.00012'38''E. on and along the West line of said section a distance of 179.92 feet; thence N.89°39'35"E. a distance of 40.00 feet to a point lying on the east Right-ofWay line of Kipling Street, the south Right-of-Way line of W. 38th Ave. , the southwesterly corner of the Parcel of land described at Reception Number 85033477, as recorded in the official records of the County of Jefferson, State of Colorado, and being the TRUE POINT OF BEGINNING; Thence on a bearing of N.00012'38''W. on and along the east Right-of-Way line of Kipling Street and parallel to the west line of the NW Y. of Section 27, a distance of 119.92 feet to the south Right-of-Way line of W. 38th Ave.; Thence N.89°39'35"E, on and along said south Right-of-Way line and parallel to the north line of the NW Y. of said Section 27, a distance of 10.00 feet; Thence N.38°23'57"E. , on and along said south Right-of-Way line a distance of 32.05 feet; Thence N.89°39'35"E., on and along said south Right-of-Way line and parallel to the north line of the NW Y. of said Section 27, a distance of 5.00 feet; Thence S.00012'38''E., a distance of 144.92 feet; Thence N.89°39'35"E., on and along the southerly property line of said Parcel described at Reception #85033477, a distance of 35.00 feet to the TRUE POINT OF BEGINNING. Said Parcel contains 4,572 square feet or 0.1050 acres, more or less. Basis of Bearings: All bearings are relative to one another and are based on the bearing of the west line of the NW y., Section 27, being S.00012'38''E. The bearings shown hereon are based on the CURRENT CITY DATUM, a ground-based modified form of the NAD83/92 State Plane Coordinate System, Central Zone 0502. EXHIBIT B CAFE PARCEL LEGAL DESCRIPTION THE POINT OF COMMENCEMENT IS THE NW CORNER OF SECTION 27, T3S, R69W, 6TH PM; Thence N89°39'35"E on and along the North line of said Section 27, a distance of 180.00 feet; Thence SOoo12'38"E parallel with the West line of said section 27, a distance of 35.00 feet; to the South ROW line of W. 38th Ave. and the TRUE POINT OF BEGINNING; Thence continuing SOoo12'38"E and parallel with the West line of said section 27, a distance of 144.92 feet Thence S89°39'35"W parallel with the North line of said section 27, a distance of 105.00 feet ; Thence NOoo12'38"W parallel with the West line of said section 27, a distance of 144.92 feet to the South ROW line of W. 38th Ave.; r Thence N89°39'35"E on and along the South ROW line of W. 38th Ave. parallel with the North line of said section 27, a distance of 105.00 feet; to the TRUE POINT OF BEGINNING. Containing 15,216.56 square feet or 0.3493 acres, more or less. NOTE: All bearings are relative to one another and are based on the bearing of the NORTH line of the NW 1/4 of said Section 27 being N 89°39'35" E. Bearings shown hereon are based on the CURRENT CITY DA TUM, a Ground-Based modified form of the NAD83/92 State Plane Coordinate System. EXHIBIT C The City Parcel LEGAL DESCRIPTION THE POINT OF COMMENCEMENT IS THE NW CORNER OF SECTION 27, T3S, R69W, 6TH PM; Thence N89°39'35"E on and along the North line of said section 27, a distance of 199.00 feet; Thence SOo012'38"E parallel with the West line of said section 27, a distance of 35.00 feet; to the South ROW line of W. 38th Ave. and the TRUE POINT OF BEGINNING; Thence continuing southerly parallel with the West line of said section 27, a distance of 214.63 feet Thence S89°39'35"W parallel with the North line of said section 27, a distance of 124.00 feet; Thence NOo012'38'W parallel with the West line of said section 27, a distance of 70.00 feet; Thence N89°39'35"E parallel with the North line of said section 27, a distance of 105.00 feet; Thence NOo012'38"W parallel with the West line of said section 27, a distance of 144.92 feet to the South ROW line of W. 38th Ave.; Thence S89°29'38"E on and along the South ROW line of W. 38th Ave., a distance of 19.00 feet; to the TRUE POINT OF BEGINNING. Containing 11,430.78 square feet or 0.2624 acres, more or less. NOTE: All bearings are relative to one another and are based on the bearing of the NORTH line of the NW 1/4 of said Section 27 being N 89°39'35" E. Bearings shown hereon are based on the CURRENT CITY DA TUM, a Ground-Based modified form of the NAD83/92 State Plane Coordinate System. EXHIBIT D GENERAL WARRANTY DEED [KIPLING PARCEL] THIS DEED is made this _ day of , 2010, between JOHN ATHANASOPOULOS ("Grantor") and THE CITY OF WHEAT RIDGE, COLORADO, a Colorado home rule municipal corporation ("Grantee"). Collectively, Grantor and Grantee may be referred to as the "Parties." WITNESSETH, that Grantor for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the delivery, receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed , and by these presents does grant, bargain, sell, convey and confirm, unto Grantee, its successors and assigns forever, the real property, together with improvements, if any, situate in the County of Jefferson, State of Colorado, more particularly described on Exhibit A, attached hereto and fully incorporated herein by this reference (the "Property"). TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim, and demand whatsoever of Grantor, either in law or equity, of, in and to the Property with the hereditaments and appurtenances. TO HAVE AND TO HOLD tl<le Property above bargained and described with the appurtenances, unto Grantees, their successors and assigns forever. Grantor, for itself and its successors and assigns, does covenant, grant, bargain and agree to and with the Grantee, its successors and assigns, that at the time of ensealing and delivery of these presents, it is well seized of the Property, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except for taxes for the current year, a lien but not yet due and payable; easements, restrictions, reservations, covenants, and rights-of-way of record, if any, shown on the title commitment dated , 20_, or on the survey dated , 20_ , and accepted by Grantee as permitted exceptions; and any lien or encumbrance created by action of Grantee. Grantor shall and will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Grantor has hereto executed this Deed as of the day first above written. STATE OF COLORADO County of ______ _ ) ) ) GRANTOR: John Athanasopoulos ss. The foregoing instrument was acknowledged before me this __ day of _____ , 20_, by John Athanasopoulos. Witness my hand and official seal. My Commission expires: ____________ _ Notary Public EXHIBIT E [INTENTIONALLY OMITTED] EXHIBIT G GENERAL WARRANTY DEED [THE CITY PARCEL] THIS DEED is made this _ day of , 2010, between THE CITY OF WHEAT RIDGE, COLORADO, a Colorado home rule municipal corporation ("Grantor") and JOHN ATHANASOPOULOS ("Grantee"). Collectively, Grantor and Grantee may be referred to as the "Parties." WITNESSETH, that Grantor for and in consideration of ONE HUNDRED TEN THOUSAND ONE HUNDRED NINETY-SEVEN AND 60/100 DOLLARS ($110,197.60) and other good and valuable consideration, the delivery, receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto Grantee, its successors and assigns forever, the real property, together with improvements, if any, situate in the County of Jefferson, State of Colorado, more particularly described on Exhibit A, attached hereto and fully incorporated herein by this reference (the "Property"). TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim, and demand whatsoever of Grantor, either in law or equity, of, in and to the Property with the hereditaments and appurtenances. TO HAVE AND TO HOLD the Property above bargained and described with the appurtenances, unto Grantees, their successors and assigns forever. Grantor, for itself and its successors and assigns, does covenant, grant, bargain and agree to and with the Grantee, its successors and assigns, that at the time of ensealing and delivery of these presents, it is well seized of the Property, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except for taxes for the current year, a lien but not yet due and payable; easements, restrictions, reservations, covenants, and rights-of-way of record, if any, shown on the title commitment dated , 20_, or on the survey dated , 20_ , and accepted by Grantee as permitted exceptions; and any lien or encumbrance created by action of Grantee; Grantor shall and will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Grantor has hereto executed this Deed as of the day first above written. GRANTOR CITY OF WHEAT RIDGE, COLORADO , Mayor ATTEST: , City Clerk STATE OF COLORADO ) ) ss. County of JEFFERSON ) The foregoing instrument was acknowledged before me this __ day of _____ , 20_, by _________ as Mayor of the City of Wheat Ridge and by _________ ~, as City Clerk of the City of Wheat Ridge. Witness my hand and official seal. My Commission expires: ___________ _ Notary Public AGREEMENT CONCERNING THE CONVEYANCE, IMPROVEMENT AND DEVELOPMENT OF PROPERTIES ADJACENT TO W. 38TH AVENUE AND KIPLING STREET This Agreement concerning the conveyance, improvement and development of properties adjacent to West 38th Avenue and Kipling Street (the "Agreement") is made and entered into as of the _ day of March, 2010, by and between the City of Wheat Ridge, a Colorado home rule municipal corporation . whose address is 7500 W. 29th Avenue. Wheat Ridge. Colorado 80033 (the "City") and John Athanasopoulos. an individual whose address is 22 Morningside Drive, Wheat Ridge, Colorado 80215 (the "Owner"), collectively hereinafter the "Parties." WHEREAS. the Owner owns certain real property abutting the east side of Kipling Street, immediately south of the intersection of Kipling Street and W. 38'" Avenue. more particularly described on Exhibit A (the "Kipling Parcel"); and WHEREAS. the Owner also owns certain real property adjacent to the Kipling Parcel, more particularly described on Exhibit B. upon which the business known as the Apple Ridge Cafe is located (the "Cafe Property"); and WHEREAS, the City owns a parcel of real property located to the southeast of the Cafe Property, which has been used with the City's consent for Cafe Property parking and trash storage and is more particularly described in Exhibit C (the "City Parcel"); and WHEREAS, the Owner wishes to convey the Kipling Parcel to the City in exchange for certain improvements which the City agrees to make to the City Parcel and the Cafe Property to better the Owner's use of the Cafe Property and the City Parcel for parking, storage, and other uses incidental to the primary use of the Cafe Property; and WHEREAS, the City desires to sell, and Owner desires to purchase. the City Parcel . which is more particularly described in Exhibit C; and WHEREAS. the Parties therefore wish to convey certain interests in their respective properties to each other with those reservations and upon those terms and conditions as more specifically set forth herein. herein. NOW, THEREFORE, in consideration of the mutual covenants , promtses and consideration set forth herein, the receipt and sufficiency of which are hereby acknowledged , the Parties agree as follows: I. THE KIPLING PARCEL A. The Parties recognize that all parcels proposed to be conveyed pursuant to this Agreement must first be properly subdivided in accordance with the laws of the City of Wheat Ridge. The parties agree to cooperatively pursue such subdivision. Within thirty (30) days of the date a final plat containing the Kipling Parcel is recorded in the office of the Jefferson County Clerk and Recorder, pursuant to Section 26-407.B.6. of the Wheat Ridge Code of Laws, as existing or hereafter amended, the City shall commence the Purchase Process. as defined and further described by Article V of this Agreement, for the Kipling Parcel. If the Kipling Parcel is conveyed to the City, it shall be conveyed by a deed in substantially the same form as attached hereto as Exhibit D. {D06301001) ATTACHMENT 2 B. As sole consideration of Owner's conveyance of the Kipling Parcel, the City shall make certain improvements to the City Parcel and the Cafe Property in furtherance of Owner's use of the Cafe Property as a restaurant, such as parking and sign age. The City 's improvements to the City Parcel shall include the grading and paving of parking surface areas and the relocation of the existing free-standing Apple Ridge Cafe sign, as illustrated on Exhibit F to this Agreement (the "Improvements' ). The cost of the Improvements shall not exceed ONE HUNDRED THREE THOUSAND DOLLARS (5103,000.00). The Parties agree that the City shall have no obligation to commence or complete any of the Improvements If and when the City's cumulative expenditures toward the Improvements total the maximum amount provided above. C. The City 's obligation to construct the Improvements is contingent upon transfer of title to the Kipling Parcel to the City at Closing. The City shall commence construction of the Improvements within 240 business days of a successful Closing . II. THE CITY PARCEL A. The Parties recognize that all parcels proposed to be conveyed pursuant to thiS Agreement must first be properly subdivided in accordance with the laws of the City of Wheat Ridge. The parties agree to cooperatively pursue such subdivision. Within thirty (30) days of the date a final ptat containing the City Parcel is recorded in the office of the Jefferson County Clerk and Recorder, pursuant to Section 26-407.B.6. of the Wheat Ridge Code of Laws, as existing or hereafter amended, Owner shall commence the Purchase Process, as defined and further described by Article V of this Agreement, for the City Parcel . If the City Parcel is conveyed to the Owner, it shall be conveyed by a deed in substantially the same form as attached hereto as Exhibit G. B. As sole consideration for the estate conveyed by the deed described in Section tI.A., Owner shall pay the City the sum of ONE HUNDRED TEN THOUSAND ONE HUNDRED NINETY-SEVEN AND 60/100 DOLLARS ($110, 197.60). Owner's obligation to pay this amount is contingent upon transfer of title to the City Parcel to Owner at Closing. ARTICLES III AND IV INTENTIONALLY OMITTED V. PURCHASE PROCESS A. This Article shall govern the purchase process for any parcel conveyed pursuant to this Agreement (the "Subject Property"), which process shall be known as the "Purchase Process" for each such individual parcel. B. The Party responsible for commencing the Purchase Process (the buying Party) shall do so by providing written notice of its intent to commence the Purchase Process to the selling Party as of a date certain, no earlier than the date of such notice. C. On or before ten (10) days following commencement of the Purchase Process, the selling Party shall cause to be furnished to the buying Party. at the selling Party's expense, a current commitment for owner's tille insurance policy (Title Commitment) in an amount equal to the purchase price of the Subject Property. At the selling Party's expense, the selling Party shall cause the title insurance policy to be issued and delivered to the buying Party as soon as practicable at or after Closing if Closing occurs pursuant to subsection N below. The Title Commitment shall commit to delete or insure over the standard exceptions which relate to: {D0630100.1)2 1. Parties in possession not shown by public record s. Including the Form 100 endorsement for the same; 2. Unrecorded easements; 3. Survey matters; 4. Any unrecorded mechanic's liens : 5. Gap period (effective date of commitment to date deed is recorded); and 6. Unpaid taxes, assessments and unredeemed tax sales prior to the year of Closing. Any additional premium expense to obtain this additional coverage shall be paid by the selling Party D. On or before ten (10) days following commencement of the Purchase Process, the selling Party shall cause the buying Party (and the issuer of the title insurance commitment) to receive a current survey of the Subject Property (the "Survey"). E. On or before ten (10) days following commencement of the Purchase Process. the selling Party, at its own expense, shall furnish to the buying Party: (1) a copy of any plats . declarations, covenants, conditions and restrictions burdening the Subject Property, and (2) copies of any other documents listed in the Title Commitment schedule of exceptions. The Title Commitment, together with any documents identified in this subsection as well as the Survey . constitute the Title Documents. F. The buying Party shall have the right to inspect the Title Documents. Written notice by the buying Party of un-merchantability of title, form or content of the Title Documents or of any unsatisfactory title condition shown by the Title Documents shall be signed by or on behalf of the buying Party and delivered to the selling Party on or before ten (10) days following receipt by the buying Party of the Title Documents or within five (5) days after receipt by the buying Party of any change to the Title Documents or endorsement to the Title Commitment (whichever is later), together with a copy of the document adding any new exception to title. If the selling Party does not receive the buying Party 's notice by ten (10) days following the buying Party's receipt of the last to be received of the Title Documents, the buying Party accepts the condition of title as disclosed by the Title Documents as satisfactory. G. The selling Party shall deliver to the buying Party, on or before ten (10) days following commencement of the Purchase Process, true copies of any matters not shown by public records and of which the selling Party is in possession, including but not limited to, all leases and surveys pertaining to the Subject Property and shall disclose to the buying Party all easements, liens, or other title matters not shown by public records of which the selling Party is aware. The bUYing Party shall have the right to inspect the Subject Property to investigate if any third party has any right in the Subject Property not shown by the public records (such as unrecorded easement, unrecorded lease, or boundary line discrepancy). Written notice of objection to any unsatisfactory condition disclosed by the selling Party or revealed by such inspection shall be given to the selling Party on or before ten (10) days following receipt by the buying Party of the selling Party's disclosure or completion by the buying Party of the inspection contemplated above. If the selling Party does not receive any such notice by said date, the buying Party accepts title subject to such rights, if any, of third parties of which the buying Party has actual knowledge. (00630100 1}3 H. The buying Party shall have the right to inspect the Survey. If written notice by or on behalf of the buying Party of any unsatisfactory condition shown by the Survey. notwithstanding subsection F above, is received by the selling Party on or before ten (10) days follOWing receipt by the buying Party of the Survey, then such objection shall be deemed an unsatisfactory title condition. If the selling Party does not receive the bUYing Party's notice on or before ten (10) days following receipt by the bUYing Party of the Survey, the bUYing Party accepts the Survey as satisfactory. '-On or before ten (10) days following commencement of the Purchase Process. the selling Party agrees to deliver to the buying Party the most current verSion of the seiling Party's Property Disclosure form completed to the best of the selling Party 's actual knowledge, current as of that date. J. On or before ten (10) days following commencement of the Purchase Process, the selling Party shall initiate at its cost a Phase I environmental assessment of the Subject Property and shall deliver the same to the buying Party as soon thereafter as is reasonably practicable. The buying Party shall also have the right to inspect the Subject Property. If the condition of the Subject Property as documented by the assessment is unsatisfactory in the buying Party's subjective discretion, the buying Party shall on or before ten (10) days following receipt by the buying Party of the Phase I environmental assessment of the Subject Property, deliver to the selling Party a written description of any unsatisfactory physical condition which the buying Party requires the selling Party to correct (Notice to Correct). If written notice is not received by the selling Party on or before ten (10) days following receipt by the buying Party of the Phase I environmental assessment of the Subject Property, the physical condition of the Subject Property shall be deemed to be satisfactory to the buying Party. If a Notice to Correct IS received by the selling Party and if both Parties have not agreed in writing to a settlement thereof on or before ten (10) days following receipt by the selling Party of the buying Party's Notice to Correct. this Agreement shall terminate unless before such termination the selling Party receives the buying Party's written withdrawal of Notice to Correct. This paragraph shall not apply to the City Parcel because a' Phase I environmental assessment has been performed on these properties and is currently available to all interested parties. K. Other than the environmental assessment required by subsection J above, the buying Party is responsible for payment of aI/inspection, tests, surveys, engineering reports, or for any other work performed at the buying Party's request and shall pay for any damage which occurs to the Subject Property and inclusions as a result of such activities. The buying Party shall not permit claims or liens of any kind against the Subject Property for inspections. tests, surveys, engineering reports or any other work work performed on the Subject Property at the buying Party's request. Within the limitations imposed by the Colorado Constitution and Revised Statutes, the buying Party agrees to indemnify, protect and hold the selling Party harmless from and against any liability, damage, cost or expenses incurred by the selling Party to enforce this subsection, including the selling Party 's reasonable attorney fees. The provisions of this subsection shall survive the termination of this Agreement. L. The buying Party's right to object shall include those matters listed in SUbsections C, D, E, G, I and J. If the selling Party receives notice of un-merchantability of title or any other unsatisfactory title condition or commitment terms as provided above, the selling Party shall use reasonable efforts to correct said items and bear any nominal expense to correct the same within ten (10) days of receiving notice thereof. If such unsatisfactory title condition is not corrected to the buying Party's satisfaction or waived by the buying Party within said ten (10) day period, this Agreement shall terminate and the buying Party shall have no obligation to (006301001}4 purchase the Subject Property nor shall the buying Party be compelled to purchase the same pursuant to Section VI.A. M. All amounts paid by the buying Party at Closing, including cash at Closing. plus the buying Party's share of the closing costs. shall be in funds which comply with all applicable Colorado laws, which include cash, electronic funds. certified check, savings and loan tellers check and cashiers check (Good Funds). N. Delivery of the deed for the Subject Property, in the form required by this Agreement, shall be at Closing. Closing shall be fifteen (15) days after the expiration of all notice and cure periods contemplated by this Agreement (the Closing Date) , or by mutual agreement at an earlier or later date. The hour and place of Closing shall be designated by mutual agreement. O. Subject to payment of the purchase price at Closing as required herein, and compliance by the buying Party with the other terms and provisions hereof, the selling Party shall execute and deliver a deed to the buying Party, in the form required by this Agreement for the particular parcel. Except as provided herein, title shall be conveyed free and clear of all liens, Including any governmental liens for special improvements installed as of the date of Closing, whether assessed or not. Title shall be conveyed subject to: 1. Those exceptions described by reference to recorded documents as reflected in the Title Documents accepted by the buying Party in accordance with subsection F. above; 2. Distribution utility easements; and 3. Those specifically described rights of third parties not shown by the public records of which the buying Party has actual knowledge and which were accepted by the buying Party in accordance with subsection G above, those exceptions disclosed by the Survey and which were accepted by the buying Party in accordance with subsection H, and those physical conditions accepted by the buying Party in accordance with subsection J. P. Any encumbrance required to be paid shall be paid by the selling Party at or before Closing. All encumbrances, of whatever kind or nature, created or imposed upon the Subject Property during the period of the selling Party's ownership of the same shall be paid or removed by the selling Party, as appropriate, and compliance with this requirement is a condition to the buying Party's obligation to close and purchase the Subject Property. Q. The Parties shall pay in Good Funds. their respective Closing costs and all other items required to be paid at Closing, except as otherwise provided herein. The Parties shall sign and complete all customary or reasonably required documents at or before Closing. Fees for real estate closing services shall be paid at Closing as one-half by the buying Party and one-half by the selling Party. R. The following shall be prorated to the Closing Date except as otherwise provided: 1. Personal property taxes, if any, and general real estate taxes for the year of Closing, based on the most recent mill levy and most recent assessment. 2. Any rents due for the month of Closing. Security deposits held by the selling Party shall be credited to the buying Party. 3. Any charges for utilities provided for the month of Closing. 4. Unless otherwise agreed in writing, these prorations shall be final. (00630100.1)5 S Possession of the Subject Property shall be delivered to the buying Party on the Closing Date. If the sell ing Party fails to deliver possession as specified, the selling Party shall be subject to eviction and shall be additionally liable to the selling Party for payment of $1500 per day (or any part of a day) from the Closing Date until possession is delivered. T. The selling Party represents and agrees that (1) as of the execution hereof, there are no other contract purchasers of the Subject Property or holders of rights of refusal to buy the Subject Property, holding or having such rights by or through the selling Party, and (2) on and after ItS execution hereof, the selling Party shall not enter into any contract with any other party for purchase of the Subject Property, or granting any option or right of refusal to buy the subject property, from the date of this Agreement continuously until and while the Purchase Process for the Subject Property is in effect or until the option period expires for those parcels described in Articles III and IV of this Agreement. The Parties intend that this Agreement is exclusive with respect to the buying Party's right to purchase the Subject Properties described herein. U, For purposes of this Article V, any item required to be provided to a party shall be delivered to such party at the address designated by Section VI.F. below, and shall be deemed received by the party on either: (a) the date of personal delivery of the item, or (b) the 3rd day after the item is deposited in the United States Mail, first class, postage pre-paid, excluding legal holidays and Sundays. VI. MISCELLANEOUS PROVISIONS A. Breach; Remedies. The failure of either Party to perform any act required under this Agreement, including but not limited to the conveyance of property pursuant to the valid exercise of an option granted hereunder, shall constitute a breach of this Agreement. A nonbreaching Party agrees to give written notice of such breach to the other Party, together with notice that the breaching Party may cure the same within ten (10) days of the date of the notice, to prevent further enforcement action by the non-breaching Party. Each Party agrees to act in good faith to remedy any asserted breach within the ten (10) day cure period. In the event that any breach is not remedied after written notice and the expiration of the cure period, the nonbreaching Party shall have the right of specific performance against the breaching Party. In no event shall any Party be entitled to claim or recover damages in any form , including actual, punitive, exemplary, consequential or economic, including lost profits. B. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in the District Court for Jefferson County, Colorado. C. No Waiver. Delays in enforcement or the waiver of anyone or more defaults or breaches of this Agreement by either Party shall not constitute a waiver of any of the other other terms or obligation of this Agreement. D. Integration. This Agreement and any attached exhibits constitute the entire Agreement between Owner and the City, superseding all prior oral or written communications. E. Third Parties, There are no third-party beneficiaries to this Agreement. {D0630100 1)6 F Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail. addressed as follows: To the City: Mr. Tim Paranto City of Wheat Ridge 7500 W. 29'" Avenue Wheat Ridge, Colorado 80033 To the Owner Mr. John Athanasopoulos 22 Morningside Drive Wheat Ridge, Colorado 80215 G. Binding Effect. This Agreement shall be a covenant running with each of the properties identified herein, shall be recorded in the office of the Jefferson County Clerk and Recorder and shall be binding upon and inure to the benefit of the Parties hereto and the ir respective personal representatives, heirs, successors and assigns. H. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. I. Modification. This Agreement may only be modified upon written agreement of the parties. J. Assignment. Neither this Agreement nor any of the rights or obligations of the parties hereto, shall be assigned by either party without the written consent of the other. (00630100.1}7 IN WITNESS WHEREOF, the City and the Owner have executed this instrument the day and year first above appearing. CITY OF WHEAT RIDGE, COLORADO Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk OWNER John Athanasopoulos STATE OF COLORADO ) ) ss. County of LX,(Wcr ) +1--The foregoing instrument was acknowledged before me this 2& day of March, 2010, by John Athanasopoulos. Witness my hand and official seal. My Commission expires: ---'---------1+----My Commission Expires 0410412013 {D0630100.1}8 EXHIBIT A Kipling Parcel LEGAL DESCRIPTION t\ Poreel or land in the NW \I., of Section 17, T3S, R69W of the 6'" PM. described as: CO llllll~ll ci ng at the N\V corner ofS~c{ion 27. '1'3S. R6C)\V orthe 6111 PM : Thl!flCC S.OOOI2 '3 S"E. on and ~Iong the West line ofsnid sC": lioll a distance or 179.92 feet: thence N.89°39'3Y'E. a distam:c 01'-10.00 fect to a point ly ing on the east Right-of.. \Vay line of Kipling Strc~t. the south Right-of-\VJY linc or \V. 381h Ave., the sOUlhwcstcrly corner of the Parcel of land des~ribt.:d at Reception Number 85033477. as recorded in tIH .. : ofticial records of the Counry of Jcnerson. Stale of Col aroda. and being the TRUE POINT OF I:lEGINNING: 'J hence 011 a bearing ofN,OooI2'38" W. on and along the cast Right-l)f-\Vay line of Kipling Sired ,Jl1d parnllcl to the west line of the N W ~ of Section 27. a distance of I 19,92 feel 10 the ~o llth Righl-of-Wa~ line of\V. 381h Ave.: Thence N.g9°39'35"E, on and along said south Right-of-Way line and parallel to the north line of of tile NW L~ of said Section 271 a distance of 10.00 feet: Thence N.38°23'S7"E., on and along said south Right-of-\Vay line a distance of32.05 feet; Thence N.89°39'35"E., 0 11 and along said south Right-ot:'Way line and parallel to the north line orthe N W ~ of said Sect ion 27, a distance of 5.00 reet; Thence S.00012'38"E.,,, distance of 144.92 reet; Thence N.g9°39'35"E .. on and along the southerly property line of said PC/rcel described at Reception 1/85033477. a distance 01"35.00 feet to the TRUE POINT OF BEGINNING. Said Parcel contains 4,572 square feCI or 0.1050 acres, mure or less. Basis of Bearings; All bearings are relative to one another and are based on the bearing of the west line of the NW Yo, Section 27, being S.00012'38''E. The bearings shown hereon are based on the CURRENT CITY DA TUM, a ground-based modified form of the NAD83/92 State Plane Coordinate System. Central Zone 0502. (00624 t26.1)9 EXHIBIT B CAFE PARCEL LEGAL DESCRIPTION THE POINT OF COMMENCEMENT IS THE NW CORNER OF SECTION 27, T3S, R69W, 6TH PM; Thence N89°39'35"E on and along the North line of said Section 27, a distance of 180.00 feet; Thence SOo012'38"E parallel with the West line of said section 27, a distance of 35.00 feet; to the South ROW line of W. 381h Ave. and the TRUE POINT OF BEGINNING: Thence continuing SOo012'38"E and parallel with the West line of said section 27, a distance of 144.92 feet Thence S89°39'3S"W parallel with the North line of said section 27, a distance of 1 OS 00 feet , Thence NOo012'38"W parallel with the West line of said section 27, a distance of 144 92 feet to the South ROW line of W. 381h Ave.; Thence N89°39'3S"E on and along the South ROW line of W. 381h Ave. parallel with the North line of said section 27, a distance of 10S.00 feet: to the TRUE POINT OF BEGINNING Containing 1S,216.56 square feet or 0.3493 acres, more or less. All bearings are relative to one another and are based on the bearing of of the NORTH line of the NW 114 of said Section 27 being N 89°39'35" E. Bearings shown hereon are based on the CURRENT CITY DATUM, a Ground-Based modified form of the NAD83192 State Plane CoordInate System. (00624 '281 )10 L ORNAMENTAL ORCHARD PLANTING POTINTlAl EXPANSION APPlE RIDGE CAFE 38th and Kipling Final Master Plan +-'lAIN PAR' GATEWAY SKATE PARK -+/-IO,OOO5.F ~---S"~~~ELn>'ND POTENTIAL COMMUNnY FAQUTY51TE --..-..-... 5WING8ENCH lOOPWAIJ( ~ I ~ ATTACHMENT 4 , • _ City of ? Wheat RL-dge ITEM NO: 5, DATE: May 10,2010 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 15-2010 -A RESOLUTION CONSIDERING A SPECIAL USE PERMIT TO ALLOW A MAJOR AUTO REPAIR FACILITY IN A COMMERCIAL-ONE (C-l) ZONE DISTRICT. ~ PUBLIC HEARING D BTDSIMOTlONS ~ RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR I ST READING D ORDINANCES FOR 2ND READING YES ~ NO The Property located at 4395 Xenon Street is currently vacant with no improvements. The applicant is proposing to build a one-story building, approximately 5,432 square feet in size, to provide auto and diesel pick-up truck repair. The building will have nine service bays with overhead doors. One bay will serve as a State certified diesel emissions testing facility for diesel engine pick-ups. In addition the structure will have areas for administrative offices, waiting room, reception and sales counter, restrooms, and storage. The property in question is zoned Commercial-One (C-I), which allows a broad range of commercial uses, including restaurants, retail establishments and light automotive repair facilities as permitted uses. Drive-thru facilities, motor fueling stations, and heavy automotive repair facilities are examples of uses that are only allowed through approval of a special use permit (SUP). Special uses are discretionary uses which, if properly designed, developed, operated and maintained, should have little effect on the property or area of the request. The primary purpose of the special use process is to ensure the impacts related to the design and operations, the street system, and public services and facilities have the ability to be in compliance with the special use criteria. The criteria are designed to mitigate potential negative impacts associated with the use. Council Action Fonn May 10, 2010 Page 2 PRIOR ACTION: There has been no prior action on this request. FINANCIAL IMPACT: Auto repair facilities generate limited sales tax for the City of Wheat Ridge. The majority of the tax provided to the City comes from the vehicles parts that are purchased by the repair facility in order to repair vehicles. If items are on site, such as tires, belts, oil, or other automotive products are available for purchase, sales tax will be applied to these items. In contrast, the labor provided at such facilities is a service and therefore no sales tax is generated from the labor. If any supplementary items associated with the business such as t-shirts, hats, and other miscellaneous items are sold, sales tax will be collected but the tax generated would be minimal. A one-time fee for the Special Use Permit request was also submitted with the application. BACKGROUND: The property in question is 23,391 square feet, zoned C-1, and is currently vacant. The site sits at a highly visible location in the City of Wheat Ridge as it is located at the convergence of three major roads that run through the City: Youngfield Street, Ward Road, and West 441h Avenue. Also in proximity is the Ward Road interchange with Interstate 70. The majority of the surrOlmding property is already developed and used commercially. Despite the high volume of traffic that passes the property, there are constraints that have rendered the property both expensive and difficult to develop. Under the current zoning, the uses allowed on the property potentially have the ability to be a high-traffic generating, high-intensity use. When the interstate was constructed Y oungfield Street was realigned to shift to the east to where it now intersects with W 441h Ave. This action left the parcel in a trapezoidal shape which has created problems for building orientation and placement. In addition to the irregular shape of the parcel, a large easement for the maintenance of the Bayou irrigation ditch crosses the propelty. The easement leaves nearly the entire northwest quadrant of the parcel unusable as no structure is permitted to be constructed within the easement. The proposed structure and site improvements have been designed around these constraints to make the site fully usable for the applicants while attempting to mitigate the impacts to the surrounding properties. The proposed auto repair facility to be constructed on the site has been designed with significant interest and detail to meet the requirements set forth in the ASDM. Both the proposed structure and the site improvements have been designed in order to create a high level of architectural interest. Generous landscaping and landscape walls have been incorporated to buffer and screen the development from the areas to the south of the site. All setbacks have been met including a reduced front setback as required by "contemporary overlay area" in the ASDM. Parking will be fully accommodated on site. The facility will utilize one of the bays for emissions testing for diesel diesel powered vehicles. The bay proposed to be used by the applicant for the emissions testing will be on the southwest corner of the building as it is the furthest from the residential structures in the area. The remaining bays will be used for tune-ups, oil changes, engine work, clutch work, and other auto Council Action Form May 10,2010 Page 3 repair and maintenance operations. All work done on vehicles, including the emissions testing, will be done indoors with the overhead doors closed. There will be no bodywork performed at the site and no semi-tractors will be serviced at this facility as regulated by the City Code of Laws. The proposed use is only allowed through the Special Use Permit process in the C-I zone district. [fproperly designed, developed, operated and maintained, it should have little effect on the property or area of the request. The special use process offers members of the public who may be affected to give input and voice concerns on the design, operations and maintenance of the proposed use througb neighborhood meetings and during a 10-day public comment period. These periods are establisbed so the applicant can develop plans to mitigate and address any concerns that may be raised. If any concerns are received in writing during the I O-day comment period the request for the special use must be heard before the City Council at a public hearing. During the 10-day public comment period for the proposed auto repair facility, nine letters were received along with a petition signed by 48 people with concerns regarding the proposed use. The concerns received generally pertained to increased traffic, building design, noise concerns, air quality concerns, site drainage and run-off, and underground water contanlination. The applicant bas taken several steps to mitigate the new structure's impact on surrounding properties and to address the concerns of the surrounding property owners. Both the site and proposed structure have been significantly redesigned from the original submittals to meet the requirements set forth in the Architectural and Site Design Manual (ASDM). The proposed structure has been reoriented so the office, administrative areas, and waiting areas have been moved to face Xenon Street to provide' an area that is more compatible with the surrounding development. This area has a lowered roof and eave line tbat appropriately minlics the roofs and eave lines of the existing structures in the area. In addition, here bas been a significant area of transparency added to create interest. Other architectural elements have been included to further increase the architectural interest of the building. The materials include "green/living walls" (exterior walls that bave plant materials growing on them), stucco and/or galvanized corrugated metal, and stone wainscoting, in addition to multiple materials being used on the building. Traffic generated by the proposed use will have a minimal impact on Xenon Street as the proposed auto repair facility will generate an average of 12-15 vehicles per day based on traffic counts generated by the applicant's current auto repair facility. Single family homes generate an average of 10 vehicle trips per day. In order to ensure that no undue traffic turns south onto Xenon Street when exiting the facility, tbe applicant will instruct people to turn right when leaving the facility. The site plan also indicates that a "No Right Turn" sign will be installed at the exit of the site. Water quality and detention facilities are incorporated on the site; both of which will be required to meet City of Wheat Ridge requirements. The parking area will serve a dual purpose with porous paving to capture and filter any storm water tbat is generated from the development of the site. These facilities will be required to be constructed in compliance with both City of Wheat Council Action Form May 10, 2010 Page 4 Ridge and State of Colorado regulations. The installation of these facilities should improve the current conditions in the area in terms of run-off and drainage. The Colorado Department of Public Health and the Environment (CDPHE) strictly regulates the operation of diesel emissions testing facilities to ensure they do not negatively impact the air quality or contribute to air pollution. ALI air that is released from the facility is non-toxic and is deemed clean by the CDPHE. Regular inspections by the CDPHE ensure that all equipment and air being released meets the standards of the CDPHE. All work done on vehicles, including the emissions testing, will be done indoors with the overhead doors closed to prevent any noise pollution. Since all work will be confined to the interior of the structure, oil, soil, solvents and other materials will not have the ability to seep into ground water, on-site or near-by drainage and detention facilities, or irrigation ditches. Materials or byproducts of the auto repair facility that gather on the interior floor will be cleaned off the floors with non-toxic cleansers and enter an approved sand oil filter that will be routinely maintained by approved methods in conformance with the regulated treatment of waste by the Fruitdale Sanitation District. RECOMMENDATIONS: Staff has acknowledged the neighborhood concerns and feels the applicant has sufficiently addressed the concerns in order to minimize any impact on them. Through this review, staff has concluded that the proposed request for an auto repair facility complies with the Special Use criteria. A detailed analysis of the Special Use criteria has been attached in the staff report and is recommending APPRO V AL of the Special Use with conditions. RECOMMENDED MOTION: "I move to approve Case No. SUP-l 0-04, a request for a Special Use Permit to allow a major automotive repair facility located at 4395 Xenon Street for the following reasons: 1. This request for a Special Use meets all applicable criteria as required by Section 26-114 of the City of Wheat Ridge Code of Laws. 2. There will be no detrimental effect on health, safety, welfare, or convenience to the public in the area. 3. The applicant has made an attempt to mitigate all impacts and concerns addressed in the letters of objection, neighborhood comments, and from staff comments. 4. The special use will not create adverse impacts greater than allowed under existing zoning for the property. 5. There will be no impact on the light, air, or water to adjacent property owners. 6. The special use will not create or contribute to blight in the neighborhood and will not overburden the capacities of the existing streets, parks, schools, and other public facilities and services. 7. The proposed facility is in substantial compliance with the ASDM. 8. Given the unusual shape of the property and other encumbrances on the property other development opportunities would be difficult. Council Action Form May 10,2010 Page 5 OR With the following conditions: I. The Special Use Permit be prescribed to the property and may be inherited 2. Proof of all State of Colorado certificates and approvals be submitted along with building permits. 3. The site be developed in compliance with Exhibits 6 and 9." "I move to table indefinitely Case No. SUP-l 0-04, a request for a Special Use Permit to allow a major automotive repair facility located at 4395 Xenon Street for the following reason(s) " REPORT PREPAREDfREVIEWED BY: Adam Tietz, Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: I. Cmmcil Resolution No. l5-2010 2. Staff report with Exhibits 3. Mark Westberg Memorandum TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 15 Series of 2010 A RESOLUTION APPROVING A SPECIAL USE PERMIT TO ALLOW A MAJOR AUTO REPAIR FACILITY IN A COMMERCIALONE (C-1) ZONE DISTRICT ON PROPERTY LOCATED AT 4395 XENON STREET WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws establishes the procedures for the City's review and approval of Special Use Permits; and WHEREAS, an application for a Special Use Permit has been received from Brent Allred and Richard Maher for approval of a major auto repair facility at property located at 4395 Xenon Street and zoned Commercial-One (C-1); and WHEREAS, the request for the Special Use Permit began as an administrative process which registered multiple written objections and a petition of opposition during the 10-day posting and notification period; and WHEREAS, the Community Development Director denied an administrative decision for the application pursuant to Chapter 26, Section 114(E); and WHEREAS, the request has been forwarded to City Council to to be heard at a public hearing; and WHEREAS, notice of the City Council public hearing was properly published in the Wheat Ridge Transcript on April 26, 2010. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A SPECIAL USE PERMIT TO ALLOW A MAJOR AUTO REPAIR FACILITY IN A COMMERCIAL-ONE (C-1) ZONE DISTRICT BE APPROVED FOR THE FOLLOWING REASONS: 1. This request for a Special Use meets all applicable criteria as required by Section 26-114 of the City of Wheat Ridge Code of Laws. 2. There will be no detrimental effect on health, safety, welfare, or convenience to the public in the area. 3. The applicant has made an attempt to mitigate all impacts and concerns addressed in the letters of objection, neighborhood comments, and from staff comments. 4. The special use will not create adverse impacts greater than allowed under existing zoning for the property. 5. There will be no impact on the light, air, or water to adjacent property owners. 6. The special use will not create or contribute to blight in the neighborhood and will not over burden the capacities of the existing streets, parks, schools, and other public facilities and services. 7. The proposed facility is in substantial compliance with the ASDM. 8. Given the unusual shape of the property and other encumbrances on the property other development opportunities would be difficult. With the following conditions: 1. The Special Use Permit be prescribed to the property and may be inherited 2. Proof of all State of Colorado certificates and approvals be submitted along with building permits. 3. The site be developed in compliance with Exhibits 6 and 9." DONE AND RESOLVED THIS 10th day of MAY 2010. Jerry DiTullio, Mayor ATIEST: Michael D. Snow, City Clerk , City of ? WheatR.l.-dge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: CASE NO. & NAME: ACTION REQUESTED: City Council CASE MANAGER: Adam Tietz SUP-10-03/Maher DATE: May 10, 2010 Approval of Special Use Penn it to allow a major auto repair facility on C-I zoned property located at 4395 Xenon Street. LOCATION OF REQUEST: 4395 Xenon Street APPLICANT (S): Brent Allred, Allred and Associates Richard Maher, Perfonnance Wise Automotive OWNER (S): Richard Maher, Perfonnance Wise Automotive APPROXIMATE AREA: 23,391 square feet (.54 acres) PRESENT ZONING: C-I, Commercial One PRESENT LAND USE: Vacant Land COMPREHENSIVE PLAN: Primary GatewaylNeighborhood Commercial Corridor ENTER INTO RECORD: (X) (X) COMPREHENSIVE PLAN ZONING ORDINANCE Location Map Case No. SUP-I 0-03/Maher (X) (X) DIGITAL PRESENT A TlON CASE FILE ATTACHMENT 2 All notification and posting requirements have been met; therefore, City Council has jurisdiction to hear this case. I. REQUEST Case No. SUP-IO-03 is an application by Brent Allred of Allred and Associates and Richard Maher of Performance Wise Automotive requesting approval of a Special Use Permit to allow a major auto repair facility on land that is currently vacant and zoned C-I . If the Special Use Permit is approved a new structure will be constructed on the site for the auto repair facility. Pursuant to Ordinance No. 1291, the Community Development Director has the ability to decide upon applications for administrative special use approval, without a public hearing, provided the following conditions have been met: I. A completed application package has been submitted and fee paid. 2. The Community Development Department has notified adjacent property owners by letter and the site has been posted for at least ten (10) days. 3. No written objections have been received in such ten day period. 4. The Community Development Director concludes that the criteria for approval, as set forth below, are substantially complied with and support the request. Should the Community Development Director find that any of the preceding conditions are not met; the request shall be forwarded to City Council for their review and a decision on the request at a public hearing. The noticing for this special use has resulted in nine letters of objection and a signed petition with 48 signatures from surrounding property owners who oppose the request (See Packet of "letters of objection "). Based on those objections the Community Development Director has scheduled it to be heard at a City Council public hearing. City Council can impose conditions or stipulations upon the approval, which may include physical design, operational , and maintenance considerations to, ensure compliance with the criteria for review. City Council shall also decide the following: I. Whether the SUP runs with the land in perpetuity 2. Whether the SUP is personal to the applicant and mayor may not be inherited; and/or, 3. Whether the SUP is granted only for a defined period, after which time the special use shall expire unless renewed subject to all of the requirements of this section. II. CASE ANALYSIS The property in question is very unique in terms of its shape, location, visibility and site constraints that encumber the property which have made it difficult to develop over the years. The site is 23,391 square feet or .54 acres in size and sits at a highly visible spot in the City of Wheat Ridge as it is located at the convergence of 3 major roads that run through the City, Youngfield Street, Ward Road, and West 44th Avenue. Further to the east is the location of the Ward Road interchange with Interstate 70. In addition, the site is highly visible from the interstate as it curves to head in a southerly direction at the intersection ofW 44th Avenue and Youngfield Street (Exhibit 1, Aerial Photograph). As a result of the convergence of these roads and interstate, interstate, much of the area is zoned and used commercially (Exhibit 2, Commercial Properly Graphic). Specifically, the site is zoned C-I which allows for areas with a wide range of commercial land uses which include office, minor auto repair facilities, general business, retail sales and service establishments. It also intends to provide services that are supported by the community and entire region. Case No. SUP-J 0-03/Maher 2 The lot has frontage along the west side of Xenon Street. Based on the irregular lot shape, it appears to have several frontages. It does appear that the lot has frontage along W. 44th Ave; however, there is a small parcel of land directly north of the site that is CDOT owned right-of-way. Directly north of that CDOT owned parcel is W. 44th Ave. The lot does not have frontage along Youngfield St. There is a vacant lot to the west that is privately owned, it is zoned Planned Commercial Development (PCD) and does have frontage along Youngfield St. Directly west of Youngfield Street is Interstate 70. The property is currently vacant with no improvements (Exhibits 3-4, Site Photographs). There are constraints that have rendered the property both expensive and difficult to develop. When the interstate was constructed, Youngfield Street was realigned to shift to the east to where it now intersects with W 44th Ave. When property was acquired by CDOT for the construction of this intersection, excess right-of-way was acquired on the north side of the subject property. This action left the parcel in a trapezoidal shape which has created problems for building orientation and placement. In addition to the irregular shape of the parcel, a large easement for the maintenance of the Bayou irrigation ditch crosses the property (Exhibit 5, Properly Survey). The easement is 30 feet wide and enters the lot on the southwest side ofthe property. It crosses the lot in a diagonal manner to the northeast. The easement leaves nearly the entire northwest quadrant of the parcel unusable as no structure is permitted to be constructed within the easement; however, areas for parking and landscaping are allowed to be located in the easement. The proposed structure on the site has been designed around these constraints to make the site fully usable for the applicants while attempting to mitigate the impacts to the surrounding properties. Architecture and Site Design The applicant is proposing to build a one-story building, approximately 5,432 5,432 square feet in size, to provide auto and diesel pick-up truck repair. The building will be 22 feet in height at its peak. There are 9 drive-through bays proposed, as well as administrative offices, waiting room, reception and sales counter, restrooms, and storage (Exhibit 6, Proposed Elevations). Both the proposed structure and the site improvements have been through several re-designs in order to mitigate the new structure's impact on surrounding properties, in an effort to address the concerns of the surrounding property owners. Both the site and proposed structure have also been significantly redesigned from original submittals to meet the requirements set forth in the Architectural and Site Design Manual (ASDM). The ASDM: requires careful and purposeful architectural considerations be taken into account to ensure that any newly constructed structure will be of quality design and contain differing levels of architectural interest. The ASDM also regulates the front setback of new structures that are are constructed in different "overlay areas" throughout the city in order to further enhance the quality and interest of the structures constructed in them. Previous designs of the building included a largely metal structure with 4, 12-14 foot high overhead doors within 20 feet of Xenon St (east elevation). Five additional overhead doors of the same height had been located on the west elevation with the administrative and waiting areas to face the vacant lot to the north (north elevation). The plan included 12 surface parking spaces on the northern portion of the lot along with two curbcuts onto Xenon St; one curb cut was located on the southern portion of property to accommodate the overhead doors that faced Xenon St. The second curb cut was located further to the north to provide access to the parking area for customer use as well the overhead doors on the west elevation. The plan also provided areas for landscaping and a detention area. This design was generally not in compliance with the ASDM (Exhibits 7 and 8, Original Elevations and Site Plan). Through the redesign process the structure and site have been reworked to be in compliance the ASDM. The proposed structure now consists of several building materials including "green/living walls" (exterior walls that have plant materials growing on them), stucco and/or galvanized corrugated metal, and stone wainscoting. There has also been a significant area of transparency added to the structure to meet the transparency requirements of the ASDM. In addition to multiple building materials being used the building has also been reoriented. As the structure is now proposed, the office, administrative areas, and waiting areas have been Case No. SUP-l 0-03/Maher 3 moved to face Xenon St to provide an area that is more compatible with the surrounding development. This area has a lowered roof and eave line that more appropriately mimics the roofs and eave lines of the existing structures in the area. The previously proposed overhead doors in this area were much larger in scale and were less compatible with the surrounding properties. Now this area has a substantial amount of transparency to generate vi sual interest. Sidewalks will be constructed along this portion of the building as well as the entire length of the property that will connect with the existing sidewalk at W. 441h Ave. Due to neighborhood concerns, site modifications have been proposed in order to diminish the impacts of the proposed structure (Exhibit 9, Proposed Site Plan). The overhead doors have been shifted to the north and south elevations and no longer face Xenon St. This move has reduced the number of curb cuts from 2 to I. The new curb cut is proposed to be located on the northern end of the lot and is now closer to W. 44'h Ave. Traffic coming out of the site will be directed to not make a right turn onto Xenon St. by the applicant and a "No Right Turn" sign at the exit of the facility. The overhead doors on the southern elevation will be screened with a 6 foot high landscape wall with additional landscaping to provide an increased buffer. Generous landscaping has been provided throughout the site and along Xenon St to further mitigate the visual impacts of the building. Signage By virtue of the City of Wheat Ridge sign code one sign is allowed per street frontage. Since this parcel only has frontage along Xenon St, only one sign is allowed. The size of the sign is determined by the size of the building. Typically signs are not allowed to exceed 15 feet in height however; any parcel that is located within one-quarter (1/4) of a mile of the interstate is allowed to erected a sign up to 50 feet high. Any sign that is taller then 15 feet high requires an increased setback of 30 feet from the right-of-of-way. One sign is being proposed with the development of the property. The property is located within one-quarter (1 /4) mile of the interstate; therefore a 40 foot sign is being requested. The proposed sign is approximately 50 square feet in size but based on the square footage of the building but a sign of up to 100 square feet is allowed. Lighting The applicant is proposing to have minimal lighting on the sight. Site lighting must be in compliance with the City of Wheat Ridge lighting standards to ensure that all lighting is captured on the site. In order to prevent light seepage off the site a lighting plan with photometric will be required to be provided at tbe time of building permit. The plan and photometric must show tbe location of all exterior lighting, the height of all structures and the type of lighting element used. In order to be approved the photometric measurements must have "0 foot candles" at all property lines. Parking and Water Quality Parking and water quality features are incorporated in the site; both of which meet City of Wheat Ridge requirements. In order to accommodate these facilities, the applicant is proposing to pipe and bury the irrigation ditch that runs along the west side of the property. The ditch company has approved the plans to pipe and bury the ditch. Permeable paved parking is proposed to help obtain the required volumes for storm water run-off. Preliminary geotechnical and grading plans have been submitted and reviewed by the Public Works Department to ensure all requirements pertaining to drainage and storm water run off can be met. The preliminary plans have indicated that these proposed facilities are able to be accommodated on the site and will be in conformance with City of Wheat Ridge and State of Colorado regulations. The plans have also indicated that the development and its facilities will not result in the rise or mounding of the groundwater. Detailed plans for these facilities will be required to be submitted and approved when a building permit is applied for. During and after construction of these facilities routine inspections will be performed to ensure the facilities are constructed as proposed. If constructed properly, the installation of these facilities should improve the current conditions in the area in terms of run-off and drainage. Case No. SUP-l 0-03/Maher 4 Use Major auto repair facilities are only allowed through the Special Use Permit process in the C-l zone district. Special uses are discretionary uses which, if properly designed, developed, operated and maintained, should have little to no effect on the property or area of the request. The primary issues related to the impacts of Special Uses are those related to the design and operations which may have potential detrimental impacts on surrounding land uses, the street system, or public services or facilities. The applicant is proposing to construct a new auto repair facility for cars and diesel engine pick-ups. The majority of the work at the proposed facility would be classified as minor automotive work which is a permitted use in the C-l zone district which requires no formal process to go through other than Site, Architectural and Building Permit review. However, a small fraction of the business done at the facility is classified as major automotive work. City code defmes the two as the following: A lito service, repair and maintenance shops, major. Tire recapping, major mechanical repair shops, body work and painting, engine repair, and transmission repair. This term does not include any such use primarily for service, repair or maintenance truck tractors or semi-trailers. Allto service, repair and maintenance shops, minor. Auto detail shops, tune-up shops, upholstery shops, radiator repair shops, lubrications service, sound system shops, and alignment services Based on information conveyed to staff, the applicant does provide services such as engine work, exhaust work, differential work, clutch work and emissions testing, all which would fall under the "major auto repair facility" definition. The applicant will not service semi/tractor trailer trucks or do any body work. Other services offered by the applicant will include tire rotations, oil changes, battery charging and changing, tune-ups, radiator flushes and other minor auto repairs and maintenance. If the proposed use for the facility only provided provided minor auto repair and services, the use would be allowed and no plartning process would be required since it is allowed use. Similarly, other more intense uses that would generate more traffic and noise than the proposed use are allowed on the property under the C-l 'zone district. !fa use is allowed it would only require building permits be obtained prior to construction. Such uses include large retail establishments, banks, restaurants and bars, and offices. The facility will utilize one of the bays for emissions testing for diesel powered vehicles. The bay proposed to be used by the applicant for the emissions testing will be on the southwest corner of the building as it is the furthest from the residential structures in the area, therefore having the least amount of impact on them. [n order to provide diesel engine testing, the facility must be state certified and operate under the guidelines set by the State of Colorado, Department of Public Health and the Environment (CDPHE). The CDPHE regulates these facilities to ensure that trucks with diesel engines are compliant with State air quality standards. The CDPHE also strictly regulates the operation of diesel emissions testing facilities themselves and the equipment used for testing so that they do not negatively impact the air quality or contribute to air pollution. As vehicles are tested, they are hooked up to equipment that captures the emissions being produced. After the emissions have been tested they are put through a series of "scrubbers" and other air cleaning processes before being allowed to leave the facility and being released into the air. All air that is released from the fac ility is non-toxic and is deemed clean. Regular inspections by the CDPHE ensure that all equipment and air being released meets the standards of the CDPHE. All work done on vehicles, including the emissions testing, will be done indoors with the overhead doors closed to prevent any noise pollution. Since all work will be confined to the interior of the structure, oil, soil, solvents and other materials will not have the ability to seep into ground water, on-site or near-by drainage and detention facilities, or irrigation ditches. Materials or bypro ducts of the auto repair facility that gather on the interior floor Case No. SUP-IO-03fMaher 5 will be cleaned off the floors with non-toxic cleansers and enter an approved sand oil filter that will be routinely maintained by approved methods in conformance with regulated treatment of waste water from an auto repair facility. Traffic generated by the proposal will have a minimal impact on Xenon Street as the proposed auto repair facility will generate an average of 12-15 vehicles per day based on traffic counts generated by the applicant's current auto repair facility. Single family homes generate an average of 10 vehicle trips per day. Xenon St. was constructed as a local street which has the ability to handle the increased traffic that will be generated by this use. In order to ensure that no undue traffic turns south onto Xenon Street when exiting the facility, the applicant will install and a "No Right Turn" sign at the exit of the site. In addition, for the test drives of vehicles, employees will be instructed to only head north on Xenon St. This will not add to the traffic on the Xenon to the south of the site. The majority of traffic using Xenon St would remain "as is" with the traffic being generated from the other commercial and residential uses located further to the south of the site along Xenon. m. NEIGHBORHOOD MEETING Prior to submittal of an application for a special use, the applicant is required to hold a neighborhood meeting in accordance with the requirements set in City Code, Section 26-1 09A. A meeting for neighborhood input was held on February 16,2010 in accordance with Section 26-109A. Other than the staff and applicants, seven residents of the area were present. In addition to the neighborhood meeting, one letter and one email were received in this time frame in regards to the proposed use. The individuals who expressed their concerns had similar concerns to those of the residents who attended the neighborhood meeting. Their concerns generally included those related to the zoning, building construction, noise and air pollution, groundwater issues. IV. AGENCY REFERRAL All affected affected service agencies were contacted regarding the ability to serve the property. Their specific referral responses follow: Public Works: Public Works has reviewed all preliminary drainage plans and determined the drainage will be able to meet City of Wheat Ridge standards. The preliminary geotechnical reports have also been reviewed and have been approved. Detailed plans will be required to be submitted at the time of building permit. The sidewalk along Xenon St will be required to be constructed to the City of Wheat Ridge standards. Economic Development: The City of Wheat Ridge Economic Development office supports the approval of a Special Use Permit for the following reasons: • The proposed improvements to this property will enhance the overall appearance of the area. The proposed project would meet the ASDM and dramatically enhance the current aesthetics of the property. • The improvements will also allow for a higher quality use of the property, which could therefore create a net positive gain in sales tax revenue coming from this property. • This site is a particularly challenging site, due to several ditches within the property. In the past, the only interest the City has seen for this site has been used car lots, a use that would not enhance the look of the area and would not create a positive sales tax stream for the City. • The site is zoned for general commercial purposes, i.e. retail, office, etc. These uses would likely Case No. SUP-I 0-03/Maher 6 have a much more significant traffic impact on the neighborhood than the proposed development. Wheat Ridge Police Department: No comments or objections. Renewal Wheat Ridge: The proposed use is not in conformance with the West 44th Avenue and Ward Road Redevelopment Plan. The Land Use Concept Plan for this area recommends a Small Office/Business Center. Arvada Fire District: Fire protection is able to be provided. The piping of the Bayou Ditch will need to be constructed in a manner to accommodate imposed loads of an 85,OOOlb fire apparatus. Fire lanes will be required to be marked with "No Parking Fire Lane" signs. Additional information is required to determine the occupancy status of the auto repair facility. Valley Water District: Valley Water has the ability to serve the property. Additional main lines, fire hydrants or fire sprinklers may be required. Xcel Energy: No comments or objections. All other agencies to which the request was put referral either did not respond or have indicated they have no issues with the proposed use and that they have the ability to serve the property. V. SPECIAL USE PERMIT CRITERIA Staff has the following criteria to evaluate special use permit requests and shall determine that the majority of the "criteria for review" listed in Section 26-114.0 of the City Code have been met. Staff provides the following review and analysis of the special use criteria: 1. The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. I The proposed special use will not affect the health, welfare, safety, or convenience of any person working or residing in the area. The property is currently vacant and a new commercial structure is proposed. The property is zoned C-l and is located in a highly traveled and commercialized area of the City. The addition of a business that is fairly low in intensity will unlikely cause any detrimental effects on the surrounding neighborhood. In addition, the applicant has taken measures beyond what is required to further lessen the impact of both the structure and the land use on the surrounding area. The City of Wheat Ridge and of the State of Colorado will also be required to impose restrictions on the development of the site and the operations of the facility. These restrictions will be enforced to ensure that the health, safety, welfare or convenience of the people will not be compromised. Prior to a Certificate of Occupancy being issued, the applicant will have to submit all State licenses, approvals, and inspections. Staff finds this criterion has been met. 2. The special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. The property is currently vacant and has been for several years. The site in its current state contributes to blight in the neighborhood. The proposed use will result in the construction of a Case No. SUP-J 0-03/Maher 7 new structure that is in compliance with the ASDM. In addition, the site will have extensive landscaping and will be improved significantly from its current state. Staff finds this criterion has been met. 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property. Staff has identified some potentially adverse impacts greater than are allowed under existing zoning pertaining to noise. However, the applicant has identified ways to mitigate this issue through working with overhead doors closed at all times. The property is also within 500 feet of the Interstate 70 which generates more noise than what could be heard coming from the proposed auto repair fac ility with the overhead doors closed. Staff finds this criterion has been 4. The special use will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. The request will result in an increase in traffic in the area however the traffic generated by the proposed used will have a minimal impact on Xenon Street. The traffic generated from the business will be slightly more then that of a single family home. Xenon Street was constructed as a local street and does have the capacity to handle the minimal increase that will result from the property being developed. The use generates daily vehicle trips similar to a single family home. Other higher intensity uses are allowed as a "use by right" in the Col zone district which would have a much greater impact on the traffic then the proposed use. As a "use by right" those higher intensity uses would be allowed on the property with no public review. According to the site plan, the applicants indicated that they will install a "No Right Turn" sign at the exit of the facility to discourage traffic from turning to head south onto Xenon Street. Additional measures will be taken further mitigate traffic turning south on Xenon as all employees of the facility will be instructed to head north on Xenon when exiting the site when for the day and during vehicle test drives. All parking can be accommodated and will be contained on the site which has been designed to allow for the full movement of vehicles on the site. Staff finds this criterion has been met. 5. The property is appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. Both the proposed structure to be constructed on the site and the site itself has been designed in order to mitigate the impact on and address the concerns of the surrounding properties. It has also been designed to be in compliance with the ASDM. The proposed structure consists of several building materials include "green/living walls", stucco, galvanized corrugated metal, stone wainscoting as well as a large portion of the building incorporating glass. All setbacks have been met including a reduced front setback as required by "contemporary overlay area" in the ASDM. All other development standards have been met including parking, screening, signage and landscaping. Case No. SUP·J O·03/Maher 8 Staff finds this criterion has been met. 6. The special use will not over burden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. Parks and schools will not be negatively impacted. Since the property is vacant and a new building is proposed, the site will have to be connected to municipal water and sewer. All utility agencies have the ability to serve the property. The minimal increase in usage will not overburden the facilities and will not result in the loss of services to anyone. Any improvements required by the utility companies must be completed during the building permit process. The existing network of streets has the ability to handle the capacity of the existing traffic generated by the uses along W. 44th Avenue and along Xenon Street. Even with the small increase of traffic generated by this use, Xenon Street and the surrounding network of streets, will have the ability to handle the traffic without overburdening the facilities. Staff fmds this criterion has been met. 7. There is a history of compliance by the applicant and/or property owner with Code requirements and prior conditions, if any, regarding the subject property. The applicant and the property have no history of code vio lations. Staff finds this criterion has been met. 8. The application is in substantial compliance with the applicable standards set forth in the Architectural alld Site Desigll Mal/ual. The proposed structure is in coiupliance with the ASDM. It has been accomplished through the use of multiple building materials, varying wall plane changes, differing roof lines, and building setbacks. Staff finds this criterion has been met. VI. STAFF RECOMMENDATIONSIFINDINGS OF FACT Having found the application for Case No. SUP-l 0-03/Maher a Special Use Permit to allow a major auto repair facility on land that is currently vacant and zoned C-l located at 4395 Xenon Street, to be complete and in compliance with the majority of the applicable review criteria, staff recommends APPROVAL of the special use request. Case No. SUP-IO-03/Maher 9 'Q",l c o N ~ .:.:.!. Q,l 8 8 o U _-r.. ..... !. • ",1l ;C'III .. ' I ' • II 1;MI-lA.t . EXHIBIT 2 Looking Southwest at the Site from W. 44th and Xenon ! j l . ~-;;~ .. /,' ~ $' IMPROVEMENT SURVEY PLAT 4395 XENON STREET LOCATED IN A PORTION OF TIIE NW 1/4, SEC. 20, T.3S., R.69W., 61H P.M. CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO 1/,~, --7--' ---, -, ,mww=_ ....•. l 438$XENONSTREET CONrAINSD.63ACRES 23,2T3 St;/. FT. '" 'Oll.OW I."S' "1 88011 r-----I I ----~»-I ----I I __ : : I _________ .J-""'0"/_. ----, I LI __"""_" _ II I I I I I W. 44TH AVENUE !l15 N 20 10 0 20 SCALE~ 1" .. :to' 40 BLOW·UP#l SCAtB '""5' LEGAL DESCRIPTION A PORllON Of" THE Hili 1/4, se:CllON 20, TO\'cT<JSHIP :5 SOUTli, RANGE 69 \£ST Of THE SI~TH PRINCIPAL MERIDIAN. CITY OF 'WHEAT RIDGE, ..EFFERSON COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTlON; THENce: N~1"37'39'W, eaJ.se FEET TO THE POINT Of BEGINNING; lHENC;; 000'0'00"£, 1~.OO tEET; THENCE N89"1SO'OO"E, 12.9.\~ FE£T TO 1HE wasr RIGHT-OF-WAY UNE OF XENON STREET; THENCE 10100"32'00'1'1 AUlNG SAlO \'jEST UNt, 207.00 fEET: THEtlCE 567'4"54·W, 136.00 FEET TO THE POiNT OF BEGlNNlNO. SAID PMCEL AS OESCRlaro OONTAINS 23,273 SQUARE FEET OR 0,53 ACRES, MORE OR LESS. LEGEND PRo..f;CT BOUNDARY .---...... ----. ElaSTING WillER UNE --sNI -El(!STlNG SANITARY_SEWER = = = EXISTING STORI.! SE'o\tR -.... ~-EXISTING GAS MAIN ". EXISTING CONTOUR --..~-EXISTING UNDERGROUND ELECTRIC UNE -_--EXlSTrNG UNDERGROlINO TEl.EJ>HQNE UNE -~--EXISTING FENCE ---EXISTING EOGE Of ASPHAi.. T _ EXlSTING CURB de GUTTER IMPROVEMENTSURVEY~ 4395 XENON STREET JOB NO. 10007 DATE: FEBRUARY 3, 2010: SHEETIOFI 21WW.LiItlcto~lIh~SUitom U\\I""""C,iII<a<loti01W 1'hImt:1Ol·7l8.(Jl!1J F..,lUl·ilH-1l21!5 ELEVATION t.lATrnAL TOTALS WZIND ON lCINOH STREEf a£V .... TION 'lOT .... SQlWIE FOOT~ or El£VA1n,S m .... or GWlIfCl 0lI BOl.DI!IG TOT .... or MErAl.. SlOt«; ON BlIlLOI!!G 'IOTA!. OF SlO/!E 011 8IJjLDRIS TOT .... or I.ANDS('..I,I'E SCRrnI 00 IMUJIHG ""'" 1-0'--0-'------,( ~ ~ ~ \ \ \~CEImR ~SlGN -5IQt TO POSI CONNECTIOO PfR t.WIF. REn. ~ -•' ,/i'""SI"Z'E'D'" ''P'E' R'"' '-I'W-IF. "". (r=~,=:~G. PER SIGN IIAHF". ,---"'. 7 HIGHWAY BUSINESS SIGN 3I'1B".".q 5J2SfOR&S% 1315JJ5 Sf 13Z3.35 SF 011 11.9OX: lm7S SF OR 19.2U 1062.80 SF OR 14.64% ~SFOR6.8IJ!II 306l.5a Sf OR 41AJ:C stC1IOIW. MRiffAD DOOR -,,_ 'iiI 'iffrOOiiS iYP. -." ~~:~~.------. 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"""""'''''' CUiSTRIJCTQ{ !WE: ~PERtOO~~: A!OPOSED pmt(l 00'0'UI0IGE ; """"""Of"" PROPOSED I.o\HOSCN'INi; ~ : I'fJmfTAGE OF SJE PROPOSED BIAlDIIW sroR£S : PROPOSED 1U!llIN(; !IEOIT : ·-ir' PROPOSED PlAllltIC srwa : 2: PeR lIS'oIIR IMY I PER.ElIPLO'i"EE PROPOSElI RtOOCnOM """ '"'~, ,". ,2..S. •• c-< u,m SF/lfIJ,II;Af ""'" NJI'O FIl'MI SIM , .. 7,150 SF" ~." 10,412 SF ~." 5,711 Sf ", " n' ~ 'Tr I~ J:~1/1' -"•, ~ CONMENQNG AT lHE: CENTER OF" SAIO SECTlON; TliENCE N51'J1'39wW. 883.56 FEET TO THE POINT Of BEGINNING: tliENa:: SQO'\O'oo"E, 165.00 F'EET: nlENCE NGG'SO'OO"E, 12'i1.1S FEET TO TliE WEST RlCMT-(lf'-WAY UNE OF XENON STREET: TlIENCE Noo'J2'oo"W AlONG SAID WEST UNE, 201.00 FEET; TliENC£ S6T41'S4-W, 1.38.00 FEET TO TliE POINT OF BEGINNING. SAlO PARC£L AS OE5CRISED CONTAINS 2.3,27J 5~ARE FEET OR 0.5.3 Aa<tS, !.lORE OR LESS. (H) HQ1.~Y ... ,""s-~ (NI "'<O_"'-~ 8 ~~,~:ER SCREEN ELEV. (0 8 '" cn:rsus SCOPNiIOS 'auRKKlOD' BURKIIOOD RED II!OWN " , ... COS PRUfUS IIESSE.'I1. 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BUT NOT"UMITEIl TO, ~AP"'G, IRRiGAnQN, STQRMWAiER ORAINA~ SlD~ALKS AND OTHER COO'CRETE WORK, 2. ~1'f:ll~M.LORCO:~I~~~B~~s~~Jl1f~SJt~u~k'Jr ~~EffNtf1er CONCRETE AREAS PRIOR TO THE INSTAlLATION OF CON~ :s. WI.Ql ALl PLANT eEllS-WITH 3-"" RlWR ROa<. 8 ACCESSIBLE ~~~,~,ING SYMBOL o ~~.~~:OST DETAIL 1'·0' 1'-0" I"R. 1'11'. .","" . -, ~ ./'"" '"-IN) r '"" ."''.'"'.''.'"'.'' ' :IE: J/:': 8~~~~ ELEVATIONS 8 ~~~~,ING LOT LIGHT STANDARD SITE PLAN LEGEND _w_(E)'llUERl.fi£ltIl101111 _ GIIS _ (E) GAS UIf.: TO !£1M _ SAN-(E) ~ SEIER TO IIOINN -_ .. -(£) PflOPERIY lM: ---(£)~EHT -----(E) SEtiMCK --0 (N) P.w<INC lOT UGt;l' ~(N)BI..lWHO CJ (H) A9'IIAU' c:J (H) P£RIILIIll£ CONe. c:::J (NJ I.AIIfISCIPIHC m(N}ctJ/C. -0--IO"~~~~~~~~:: //I /I /I I I I ~ I GRAPHIC ISCALE 5 I '1° 21° ( IN F'EEI' ) , inc:k • 1(1 It. 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(HI CfFICE ~~Ares Ml0 ...................................................................... .......................................................................................................................................................~ ~~ <l LETTERS OF OBJECTION April 6, 2010 4350 Xenon Street Wheat Ridge, Colorado Adam Tietz, Planner City of Wheat Ridge, Colorado 7500 W. 29th Avenue Wheat Ridge, Colorado Re: Special Use Permit Application for a light truck repair center at 4395 Xenon St., Wheat Ridge, Colorado Dear Mr. Tietz, As a long time resident on Xenon Street, I have very sincere objections to this facility being granted permission to encroach upon this neighborhood. There are at least five families still on Xenon SI. that have raised their families on this street and some of the younger ones have been raised here. This is basically a residential area, the few businesses that have managed to get a stronghold in this area that do not live on the premises could care less for the residents, their vehicles speed up and down our street with no regard to residents, children or animals. Xenon Street in a very narrow street, this street as well as all others that go south of 44'h Avenue are 'Lanes. There is barely enough room for two large vehicles to meet. There is is no longer an option make a left tum, west, on 44'h Avenue from Xenon Street, this will add to southbound traffic on our street. In addition to children there are animals; we are very near the greenbelt so it is not unusual to see wild animals such asfoxes, raccoons and sometimes deer crossing our street. One of my concerns is, if this business in allowed to become established here, is their sign. My information is that the sign is to be 5 by10 feet and 40 feet high. The prospective owners think it is necessary that it is to be seen from 170. This means I will have a garish, lighted sign shining in my windows all night-where is my right for privacy?! They were asked at the meeting about diesel pollution, the question was blown off with the explanation that it would be dispensed through vents in the roof-that still sends the odor and pollution through the neighborhood. I Will there be enough parking for employees? Or are they expected to park in front on our properties? We have been hearing for 20 years that Xenon will eventually be closed off and become a cui de sac, when asked about the impact of the commercial traffic imposed by this business; we were told that it would not happen for another 20 years. If and/or when this happens, traffic will intenSify dramatically. I sincerely hope this business is not allowed to build on our street. Some of us love this street and this neighborhood, the complexity is enormous and has been growing for many years. A person has to experience it to appreciate il. I ask, sincerely, that this permit is denied. Let a small bit of the old Fruitdale community survive. Sincerely, 9'1--{, ~ ( /(y 'l~? ( Joy Leon Mengel Resident ancj owner of 4350 Xenon StreeWheat Ridge, Colorado .-\pril 7, 20 I 0 To the Community Development DlreclO' City of Wbeat Ridge: We would like to let you know of a huge concern we have when we heard of plans for a Diesel Testing Station on 441h Ave. at Xenon ST. There already is a lot of pollution from the truck stop, this would add much more noise and pollution. The new ramp for [70 was designed to help ease traffic on 441h and Ward Rd . . The Testing Station would add more congestion from Ward Rd. west to Xenon. If the 44111 and Xenon intersection would be closed by COOT, the only access to the facility would be from 42nd and Xenon through a residential neighborhood. Wouldn't that exceed the weight limits on that street'.' Besides the extra noise; added to the noise that we already have from I70. the tall building, tall and lighted signs, light poles, and traffic, this would show poor planning and show insensitivity to the surrounding residential neighborhoods. It also would decrease our property val ues. We strongly oppose this invasion to our neighborhood. Although it is zoned commercial. couldn't a much better and less invasive commercial use be considered? ~incerely ~ . ,~ IJlt e';) /t71lCtc l ( \~~ daVid and Joan Arndalll Date 4/6/20 I 0 We at D. Deorio & Sons memorials are concerned with the future project residing at tjs'l;;:kN':)N S,-. First of all, the noise pollution will cause possible stress on our business. As a established monument company in Wheat Ridge for over fifty years; we deal with grieving families on a daily basis. In addition to the noise, the air pollution from diesel testing is inevitable even with the operational procedures to improve it. Finally, the traffic concerns us as well as our neighbors especially with the possible future realignment of 44th avenue. If this project goes through it would exhibit poor city planning. Thank you for listening to our issues regarding this project. ::::, ~/~-\ Charles Deorio tiuJUv ~ .. £- Patricia and Michael Tilly 4322 Xenon St. Wheat Ridge, Co. 80033 April 7, 2010 Community Development Director City of Wheat Ridge 7500 West 29th Ave. Wheat Ridge, Co. 80033 RE: Special Use Permit SUP-10-03 Dear Director: We are writing to express our concerns regarding the request for a SUP by Mr. Brent Allred with regard to Performance Wise, Inc. Our neighbors, Scoll and Donna Mefford have done extensive research into the possible detrimental effects caused by building a large vehicle repair shop in our neighhorhood. We share their concerns. We also worry about the negative impact this business can have on traffic, pollution and water drainage. We are especially concerned with water contanlinants because we are planning a community garden on our property which will be using our water rights for the irrigation ditch that runs along our property. As new parents we are also very concerned about increased traffic on our lillie street, particularly large vehicle traffic. We moved to Wheat Ridge to run our own home based business and raise a family and we feel that the proposed use for 4395 Xenon is too large for our neighborhood. Sincerely, P tlJ!!fT"ill a;;;#~ Michael Tilly ~ r wo",/,) lk -4 ",-€-,X(a-i.. 0" Sor>-re 0-/~ LM~S /dJ. O/tJI.... -ftt,Y/q I#e 1£1 cJ,..;v..+-..;.h. 1161-/lw'/t-Nu,) l<)/...." 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(') C-( , April 6, 20 I 0 Ms. Sarah Showalter Planner II City of Wheat Ridge 7500 West 29'h Place Wheat Ridge, Colorado 80033-800 I Dear Ms. Showalter: Donna C. Mefford 4380 Xenon Street Wheat Ridge, Colorado 80033 We own the home at 4380 Xenon Street, immediately east of the vacant property at 4395 Xenon St. We have been watching for posting of the properly at 4395 Xenon St, as we understand the owners are applying for a special use permit for the in stallation of an automotive repair facility. This was discussed in the public meeting held on February 16, 20 10 at the City offices. We first noticed the posting on Friday, April 2. We had been watching for the posting as we understand the response time is short. [t is our belief that the posting didn ' t occur until April 2, leaving very little time before the posted date of April 8 to respond . , We did not receive the formal notice of the posting, even though we are immediate ly east of the proposed facility. Apparently the notice was sent to some prior owners. We learned from our neighbors that they received letters noti fy ing them of the Special Use Permit over the last few days. We contacted the City, and were provided a copy of the notice on April 5. That notice indicates comments are due by April 7, rather than the April 8 date on the posting, so I am not sure what the actual deadline is. In any event, it was our belief that there was supposed to be a 10 day period for responding. Many of our neighbors had not seen the sign, and were not aware of the timing until they recently recei ved their letters. Others were apparently out of contact over the spring break holidays. We have serious concerns with the proposed Special Use Permit, and are doing our best to respond within the short time left respond. Thanks You: -:22 Donna C. Mefford April 7, 2009 Community Development Director City of Wheat Ridge 7500 West 29'" Ave. Wheat Ridge, Colorado 80033 RE: Special Use Permit SUP-I 0-03 Director: Scott and Donna Mefford 4380 Xenon Street Wheat Rjdge, Colorado 80033 We understand the propelty located at 4395 Xenon St. has submitted a request fo r a Spec ial Use Permit to allow construction and operation of a " light automotive repair shop" on th is site. We furth er understand that the special use permit for tillS facility is required under Section 26-114 of the City Code. A public meeting was held on tilis matter on February 16, where considerable information on the proposal was made available to those attending. We appreciate the City's efforts to make that meeting informative. On April S, we were provided with plans for the facility which had been somewhat revi sed from the versions available at the meeting of February 16. The new plans are dated March 23, 2010. These plans offer some benefits over those previously presented, especially in regard to building ori entation, but the most prolifjc concerns remain. [n this letter, we are referencing the updated plans of March 23 . We appreciate thi s opportunity to comment on the proposed permit. As such, we request your consideration of the following concerns: 1. Property Intended Use The request [or the SUP was submitted by Mr. Brent Allred, the architect for the proposed new owner, Performance Wise. [nc.. It is our understanding Performance Wise, Inc. or it's principals have an option on the property at 4380 XenoL1. The first paragraph of Mr. Allred's letter indicates the SUP is [or a " light automoti ve repair shop". At the meeting of February 16, we learned that thi s was in fa ct a 9-bay diesel truck repair facility rather than what most would envision as a " light auto repair shop". This would include di esel pickups, commercial vehi cles, recreational vehicles and other diesel vehicles short of I O-wheel diesel cabs. I th ink the application is, in this regard, somewhat misleading to those who who did not attend the meeting, or have only read the Allred letter. 2. Community Compatibility The Xenon Street neighborhood is one of the older neighborhoods in Wheat Ridge. The proposed Performance Wise facility is quite large, the building itself being over 5400 square feet on one level. This is located on a lot that is barely Y, acre (0.53 acres), and is partly constrained by a 30 foot wide irrigation ditch easement running diagonally across the tract. The building is an industrial ty pe steel building with some rock facade. It stand s 2 1 feet high at the roof crest, generally higher than other residential or commercial structures in the vicinity. With the exception of a very small perimeter of landscaping, nearly the entire tract is covered by either building or pavement. The building will house a 9 bay maintenance facility, and will have a 40 foot high electric sign designed to draw clientele off of 1-70. To put this in visual perspective, the facili ty is not greatl y smaller than the S-bay front 10 the maintenance facility at Campers World on Youngfield. If the building was accessed from the commercia l thoroughfare of44'" Ave, it would seeml110re reaso nabl e. However, a building of this scale is simply out of place frontin g onto a small street in a residential neighborhood. It is not compatible with the neighborhood, and would seem to exempli fy poor municipal plaJming if it were to proceed. 3. Traffic Concerns One of the greatest concerns expressed at the public meeting was in regard to traffi c. Xenon is not designed for heavy traffic loads, and the prohibition of left turns onto 44'" Ave. from northbound Xenon creates further problems. The 44'h Ave. and Xenon intersection is not signaled, and added traffic turning onto Xenon from 44'" westbound will disrupt the eastbound traffic flow on 44'h Of more concern, we aJlticipate a significant increase in traffic flow through the residenti al neighborhood on Xenon as anyone wanting to access Youngfield must drive south on Xenon from the facility to 42'd and then to west west to Youngfield. The left turn restri ction at Xenon and 44'" prevents any other means of accessing Youngfield. It is unclear how many employees this facility may have, but it certainly will require a significant number to work a 9-bay facility along with appropriate administrative staff. These people will all access the facility off Xenon. Additionally, all cli ents of the facility wi ll need to access off Xenon, aJld all test driving of vehicles will also use Xenon in one direction or another. Despite good intentions, there is no reasonable means of controlling traffic patterns, or governing, or restricting traffic on Xenon. 4. Building Setbacks The proposed building so tightly fits the lot (hat setbacks are nearly non-existent. On the Xenon Street side, (he setback is onl y 5 feet frol11 the property line. The structure walls are just 5 feet frol11 the edge of the property. While we assume this must be allowable under the City zoning, this provides little buffer with the res idcntialneighborhood and it's difficult to see how this minimal setback qualifies as good planning. -2- 5. Drainage and Water Quality As discussed above, nearl y all of the property is covered by the bui Iding roof, asphalt paving, or concrete. With so much hard surface, storm water drainage is very difficult to achieve in a area where no municipal storm sewers exist. We have not seen a drainage plan for the site, but from the di scussion at the public meeting it appears they intend to control water onsite through the use of a permcable concrete in a portion of the parking lot, and with the ass istance of a seepage pit in the northeast comer of the site. Both of these solutions pose unique problems in this area. Ground water in this area has not yet been spec ifically class ified by the Colorado Water Quality Control Commission, and as such is deemed to be classified to meet the most stringent of the domestic and iLTigation standards. Details of the water classification program, and table standards for protection of ground water may be found in 5 CCR 1002-41 , THE BASIC STANDARDS FOR GROUND WATER. Many individual well s still remain in Wheat Rjdge. One lies on our property, just across the street. Though we do not use this water for domestic purposes, it is used for irrigation and water quality is important. Generally, the direction of the ground water gradient in this arca, and consequently the direction of flow, will be to the south east toward the river. Any contamination will also flow in this direction across Xenon, and toward properties to the south east. Sa. Permeable Pavements Permeable pavements have gaincd some popularity in recent years for reducing runoff from paved surfaces. Such pavements can work quite well if bui It in suitab le areas, if traffic is properly restricted, and if the facility is maintained correctly. However, the proposed facility at 4395 Xenon is far less than the ideal lotation for utilization of such pavement. The ground water is shallow here, and seaso nally, the ground water becomes very shallow as ditch seepage raises the water table. One key authority explaining the proper and improper uses of permeable pavements is the EPA document titled "EPA -Storm Water Fact Sheet -Penneable Pavement" which may be found at: http://www.cleanwatermn.org/Documents/MS4%20toolkit%20file s/Good%20Housekeeping/Por ous%20Pavementlporouspa.pdf The EPA Paper concludes some of the problcms wi th porous pavements include: • Many pavement engineers and contractors lack expertise with this technology. • Porous pavement has a tendency to becollle clogged ifimproperly installed or maintained. • Porolls pavement has a high rate offailure. -3- • There is some risk of contaminating groundwater. depending on soil conditions and aquifer susceptibility. • Fuel may leak Fom vehicles and toxic chemicals may leach Fom asphalt and/or binder sUI/ace. Porous pavement systems are not designed to treat these poilutants. The document spec ifically states "Pollutants that are not easily trapped. adsorbed. or reduced. such as nitrates and chlorides. may continue to move through the soil profile and into the groundwater. possibly contaminating drinking waler supplies." The mag chloride now frequently used on streets, highways, and parking lots is such a contaminant. The EPA document recommends to: * avoid use of permeable pavements in "moderate to high traffic areas and Significant truck traffic. * Avoid sno\ll removal operations; post with signs to restrict the use of sand. salt. and other deicing chemicals typically associated \Vith snow cleaning activities. Finally, the EPA document describes in some detail the considerable maintenance necessary to keep permeable pavements operational. It is unclear how the City could require or monitor proper maintenance of this pavement, even if geo logic conditions were suitable. Sb. Seepage Pits Seepage pits, or percolation ponds are notorious for their ineffi ciency. They require a lot of maintenance to keep n.mctional, incl uding routine removal of sediment, and prevention of the bui ldup ofa bi ofilm that reduces the penneability of the seepage bed. Grass lined retentionseepage pits are no different, especially small ones with insufficient seepage surface to di ss ipate water at a sustained and effective rate. r [fthe pond does function correctly, in a shallow water table area as we have here the pond simply functions as a conduit for the rapid infiltration of contaminants into the ground water. Runoff from parking areas contain a variety of petroleum products, polycycl ic aromatic hydrocarbons, heavy metals, and de-icing products which can get into the ground water and local wells through this conduit. Besides the potential contamination issues, locating the retention/seepage pond inunediately adjacent to the irrigation ditch makes little engineering sense. The ditch will leak, and the water table will mound under the ditch as a result. This will reduce the efficiency of the seepage pit, or eliminate it's functionality altogether, as the bottom elevation of the pit is barely above the elevation of the adjacent ditch. 5c. Stonn water so lutions Without access to appropriately sized municipal storm water facilities, dissipation of storm waters on the proposed s ite wi ll be diffi cult at best, and iffuncti onal , wil l simply tran sfer -4- contamination into the underlying shallow water table. Without access to storm drai ns, this site would be much better served with some sort of facili ty with larger unpaved areas, increased natural percolation capacity, and decreased pavement and pollutant sources. Again, the proposed fac ili ty is simply too large for the allotted space. 6. Hazardous Materials Plans A garage fac ility of this size will handl e signifi cant amounts of solvents, oil s and grease, detergents, and various other hazardous materials. Clearl y, these materi als need to be protected from spillage, and the sewer system needs to be protected so such materials don ' t end up in the residential sewer collection system. We have not seen any such plans ancJ!or facilities for assuring hazardous materi als on the site are properly handled and disposed of. 7. Parking The site has 15 parking spaces. As indicated above, it is unclear how many employees, and cli ents may be us ing the facility at anyone time, however with 9 maintenance bays and associated administrative offices, it would seem there could be qui te a few. Will parking fo r the fac ili ty be allowed on Xenon andlor in fro nt of residences on that street? 8. Air Quality With 9 operating bays, and at least one emiss ion testing bay, it would seem that this facili ty and the associated traffic co uld contribute considerab le CO, C02, parti cul ates, and other co ntaminants to the air in this residential neighbo rhood. It is unclear how thi s will be controll ed, or if any attempt has been made to do so. 9. Noise Section 16-1 03 of the City Code indi cates: /1 is unlawfulfor any person 10 make, continue or cause to be made or to permit or assist another 10 make, continue or cause to be made, any unreasonable noise which, under all of the circumstances presented, would annoy, inj ure or endanger the comfo rl, rep ose or p eace of a person of ordinary sensitivities. Thefollowing noises and circumstances shall be deemed as primafacie unreasonable: (/) Any noise or sound which is audible audible twenty;(ive (25) or more fee t ji-om a mobile noise or sound source . This would seem a reasonable standard in a residenti al neighborhood such as Xenon. I assume Performance Wi se, Inc. will be required to meet thi s standard on Xenon, and any additi onal stand ards for fi xed source noise, though high performance engine testing doesn' t necessarily sound Hqui et". -5- 10. Lighting and Signage Performance Wise, Inc. plans parki ng lot lighting and the construction of a large electric sign designed to be visibl e from the freeway. The lighting will be on 12 foo t poles, and it is unclear if it will operate all night. We understand the light ing will be designed to point downward, but it would appear such li ghts will still light up the area close by well beyond current conditions. Additionally, a 40 foot high electrical sign 5 feet by 10 feet in dimension is also planned to draw customers from the freeway. Thi s seems a little out of line in a residential area. I'm not sure we really want to be attracting traffic offl-70 onto Xenon. There are many places along the 44'" avenue co rridor that such facilities would be perfectl y suitable, but such facilities should be maintained in that corridor and not allowed to oveltake the res identi al neighborhood . II. CDOT Plans It appears CDOT has purchased additional Rights of Way along the north side of 4395 Xenon for some purpose. purpose. At the public meeting it was indicated that this was des igned so Xenon could be terminated in a cul-de-sac before entering 44'" Ave, and the problemati c curve on Youngfi eld co uld be smoothed out. While the timing of this is unceltain, and could be some years off, it still seems unreasonable to put a large commercial facility at a location that current planning suggests could be cut off from the 44'" Ave co rridor. [n this event, all commercial traffic access ing the di esclmaintenance fac ility would be forced into the Xenon neighborhood. 12. Property Values , Although I have owned ] different homes in Wheat Ridge, and lived in either Wheat Ridge or Golden nearl y all my life, I have just recently purchased the home on Xenon. The development of the lot across the street at 4395 Xenon just came to light about 2 weeks after my wife and I purchased tile home. Nowhere in our diligence work did we find mention of this proposal, though we talked with the City, various real estate people, the property property owners, and the County assessor. I can only assume this canle up after our purchase date as the Allred letter was not dated. I have had a number of di scussions with real estate brokers concerning the purchase, and whether or not the residenti al property will maintain it's value in the shadow of a large scale garage such as is proposed here. Contrary to the opinions in the Allred letter, the general consensus is the residenti al properties near and immedi ately adj acent to the site wi ll experience some devaluation. In fact, it seems our ability to resell the property currently for the amount we paid just weeks ago is questionable given the current knowledge of the proposed diesel maintenance [acility. -6- 13. More Objectionable Development At the public meeting we were warned by the applicants that under the commercial zoning we could end up with a worse al ternative. However, I don't find this reasoning parti cul arly persuasive. Just because things could possibly be worse, doesn't mean we need to accede to a bad option. There are many options for commercial development of the site that could enhance the Xenon neighborhood rather than cause it to deteriorate. We are not opposed to Performance Wise, Inc. developing a new facility in Wheat Ridge, and we would hope they do. However, we would also hope they co uld find a more compatible commerc ial site, with less residential impacts, easier access, and more reasonable drainage options. 14. Zoning History We have had litt le time to thoroughly examine the zoning history of the site. However, from the work we have completed. it seems the C-I zoning attri buted to the site was assigned prior to CDOT acquiring rights of way across the northern portion of the ori ginal lot. The original zoning assumed a commercial facility with direct access to the 44'h Ave business corridor, not access off of Xenon in a res identi al area. However, when CDOT took out ROW's on the north s ide of the property, this precluded development of the site as originally designed. We were left with a C-I zoned res idual which cannot be developed per the original intent of the zoning. We are uncertain of the exact hi story here, maybe the City can shed some additional light on this matter. 15. Comparable Facilities There do not appear to be a great number of large maintenance facilities which are not associated with some dealership . The most comparable facilities with mUltiple working bays, similar traffic, and similar parking features seem to be autobody repair firm s. Two such firms, Hanks Autobody and Abra Autobody are located on the north [-70 service road in Wheat Ridge. Both of these firms are located in plD zoning (Planned Industrial Development) . It seems more logical for such finns to to be located in light industrial zones rather than attempting to adapt a commercial zoning with a Special Use Permit to try and make it fit in a residential area. 16. Summa'1' We understand the Ci ty reviews Special Use Permits based on specifi c criteri a. The City documentation in this regard indicates: ·7· Before a special use permit is approved, the applicant will demonstrate that the following criteria have been met (only the applicable criteria have been listed) .-1. Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood 2. Will not create adverse impacts greater than allowed IInder exislingfor Ihe zoning for the property. 3. Will not result in undue IrajJic congestion or trajJic hazards, or unsafe parking, loading, service of inlemaltrajJic conflicts to the detriment of persons whether on or of/the site. 4. Is appropriately designed, including setbacks, heights, parking. bulk, buffering, screening and landscaping, so as to be in harmony and compafible with the characler of the surrounding areas alld neighborhood, especially wifh adjacent properties. 5. Will nOf overburden the capacities o.fthe existing streefs, utilities, parks, schools and other public facilities and services. We do not believe that the applicant has demonstrated compliance with the above criteria to the degree necessary to protect this nOl1h Wheat Ridge neighborhood. cott and Donna Mefford -8- Ms. Sarah Showalter Planner Il City of Wheat Ridge 7500 West 29th Place Wheat Ridge, CO 80033-8001 Dear Ms. Showalter, April 6, 20 I 0 Our names are Ray and Mary Strohmeyer. We own the property at 4320 Xenon St. This letter is to notifY you of our objection to the Special Use Permit at 4395 Xenon St. This street is a quiet street and the width is not two lanes. We do not want the increased traffic. You cannot turn left onto 44th from Xenon St., so the traffic would be routed south to 42nd Street and then west to Youngfield St. This would be a hazard give the street size. There is no traffic light on Youngfield, so access would be a problem. We do not want the additional noise. This was a farming conununity long before il was zoned for anything else. We are a small community with residential housing and we want to keep it that way. We love our families and our children and do nol want the increased danger to them. We do not want the additional pollution to our water or our air. There is no stoml sewer and the runoff would drain into the ditch water that we use to irrigate our gardens. We have a right to this water and do not \\lant it contaminated. The proposed building size and signage would be an eye sore. We love our views. Why does the city of Wheat Ridge want a business on every lot? Would you prefer to be an industrial city rather than farming community that Wheat Ridge was founded? Shame on you. Would you want this monstrosity in your neighborhood? We moved here because of the environment and have faithfully paid our property taxes for many years. How long do you think the truck business will be there before it is abandoned, as are so many other businesses? Do not ruin our community! We do vote regularly. Regards, Ray A. Strohmeyer .-'-7 " /C l ~ !1 }J:~~~fft Mary T. Stroluneyer 11177th;; ~ City of fPr Wheat RL..dge ~PUBL1 C W O RKS Memorandum TO: Adam Tietz, Plrumer FROM: Mark Westberg, PE, CFM, Project Supervisor DATE: April 16, 2010 SUBJECT: 4395 Xenon Street SUP Public Works staff has reviewed the letter from the resident at 4380 Xenon Street, dated April 7, 2010, concerning the proposed SUP at 4395 Xenon Street. We have the following responses to the resident's concerns: I. Traffic Concerns -Xenon Street and 42nd Avenue are both classified as local streets that connect to Youngfield Street and 44th Avenue, which are both classified as arterial streets. Two lane streets can typically accommodate up to 10,000 vehicles per day, so the addition of the proposed facility will have a minimal impact on the capacity of the street. Xenon Street and 42nd Avenue already have a mixture of residential and non-residential properties. In addition, the property for the proposed development is already zoned commercial. I According to the applicant, there will be 9 employees and they typically serve 12-15 15 customers per day. Based on these numbers and the numbers above, Xenon has more then adequate capacity to handle any increase in traffic that would be generated from this property. 2. Drainage and Water Quality -The applicant is proposing to follow the City's drainage requirements which include regionally accepted facilities and best management practices (BMPs) to mitigate the impacts of stormwater from developments on the environment. A maintenance plan will be prepared by the applicant and reviewed by the City for compliance with the regionally accepted BMPs with annual reports being required to show that the plan is being followed. 3. There currently is no project scheduled to realign Youngfield Street and Ward Road that would result in Xenon Street ending in a cul-de-sac. [fa cul-de-sac was constructed at the north end of Xenon Street, the only traffic using the northern end Xenon Street would only be from the existing headstone business and the applicant's property and. A cul-de-sac on Xenon Street would likely result in less traffic on the Xenon Street than exists today as traffic would no longer be able to travel down Xenon Street to W. 42nd Avenue to get to Youngfield Street in order to avoid the traffic signal at W 44lh Avenue and Youngfield Street. If you have any questions or comments, please let me know. ATTACHMENT 3 • City of. ? WheatRL.dge ITEMNO: £ DATE: May 10, 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 21-2010 -A RESOLUTION AMENDING THE FISCAL YEAR 2010 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $20,966 AS A MATCHING CONTRIBUTION FOR FUNDS RAISED BY WHEAT RIDGE 2020 THROUGH DECEMBER 2009 o PUBLIC HEARING o BIDS/MOTIONS IZI RESOLUTIONS QUASI-~ {L 4t Deputy City Manager ISSUE: o ORDINANCES FOR 1 S1' READfNG o ORDINANCES FOR 2ND READING DYES IZI NO At a study session in August 2009, Wheat Ridge 2020 (WR2020) requested that the City Council consider matching all contributions made to WR2020 in 2009 up to $50,000. On March 29, 2010, WR2020 submitted a matching fund request in the amount of $29,966. FINANCIAL IMPACT: Matching funds to WR2020 were not budgeted in the 2010 Budget. A supplemental budget appropriation from General Fund undesignated reserves is required if City Council approves this request. BACKGROUND: WR2020 is making efforts to diversify its revenue base to fund its programs and services. In 2009, an individual and business fundraising campaign was conducted with the support from City Council to match all funds raised to a maximum of $50,000. Council Action Form May lO,2010 Page 2 RECOMMENDATIONS: Staff recommends approval of Resolution No. 21 -20 I 0 to reflect the approval of a supplemental budget appropriation in the amount 0 f$20,966 to match contributions made to WR2020 through December 2009. RECOMMENDED MOTION: "I move to approve Resolution No. 21-2010, amending the Fiscal Year 20 I 0 General Fund Budget to reflect the approval of a supplemental budget appropriation from the General Fund undesignated reserves in the amount of $20,966 for the purpose of matching contributions made to Wheat Ridge 2020 in 2009." Or, "I move to table indefinitely Resolution No. 21-2010, amending the Fiscal Year 20lO General Flmd Budget to reflect the approval of a supplemental budget appropriation from the General Fund undesignated reserves in the amount of $20,966 for the purpose of matching contributions made to Wheat Ridge 2020 in 2009 for the following reason(s) " REPORT PREPARED BY: Patrick Goff, Deputy City Manager A TT ACHMENTS: I. Resolution No. 21-2010 2. Wheat Ridge 2020 Request Letter CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 21 Series of 201 0 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2010 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $20,966 AS A MATCHING CONTRIBUTION FOR FUNDS RAISED BY WHEAT RIDGE 2020 THROUGH DECEMBER OF 2009 WHEREAS, the City recognizes the Wheat Ridge 2020 organization as partners in a vibrant community; and WHEREAS, Wheat Ridge 2020 is working diligently to diversify their income and the matching funds will be useful in getting individual and business fundraising off the ground; and WHEREAS, other donors will understand the City's commitment to the Wheat Ridge 2020 mission and those donors will also want to be a partner in the effort; and WHEREAS Wheat Ridge 2020 was successful in raising $20,966 through 2009; and WHEREAS, a request for matching funds was made to the City Council in August 2009; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a Resolution; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: 1. The City Council authorizes the transfer of $20,966 from the General Fund undesignated reserves to account #01-105-700-721 amending the 2010 Fiscal Year Budget accordingly. DONE AND RESOLVED THIS 10th day of May 2010. Jerry DiTullio, Mayor ATTEST: Michael D. Snow, City Clerk ATT ACHMENT 1 March 29,2010 Whent Ridge City Council 7500 W 29'" Avenue Wheal Ridge CO 80033 RE: REQ1JEST FOR MATCHING I' UNDS Oellr \\;thcnt Ridge City Council, Tn August 2009, "'heM R..idgc 2020 requested thnt Cit }' Council consider l11illch.ing all contributions up to 550,000 made to \\~,eat Ridge 2020 clu:ough December 31, 2009. AI Ihis lime we would like 10 rCl)UCSr $20,966 to ffiillCh contributions made tluollgh December 31~ 2009. \~/hcat Ridge 2020 is working diligently to cli\<ersify Ollr income, ilnd the possibility of matching funds was useful in getting our incliviciual and business fundraising efforts of( the ground. Other donors understantlthe City's commitment 10 the \'Vb.Cilt Ridge 2020 mission and revitalization of the cOl1ul1l1nit)' find those dono['$ want to be II partner in the effort. \,Ie were s\1ccess[uJ in raising the followi.ng funds: I ndividllal and business contribuuons Special Event contributions PrQ~m IncQme T olnl contributions $13,910 5 5,098 S 1958 $20,966 \"'('hile tlus is only tile beginning of our fundraising effort, it shows tremendous progress. \'\Ie have also reached our goal of lOO% participation of ollr boatel in contributing monetarily to the organization. \'\Iith these steps we believe we will be able to attract marc uwcstment to our mission. 1l1ank you for your support in advanculg \,/heat Ridge as a vibrant and sustainable community. Sincerely, M4-Brina rishcr Executive Director 1'.0. IIOX 1268 \VIt IAl RIDGE. CO 800J~ -1 268 W\\~".wHfATIUDGE2020.0RG Pit: 720 259 1030 fAX: .10) 9'10 9312 ATTACHMENT 2 • _ • City o f , Wheat RL..dge lTEMNO:J, DATE: May 10,2010 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE AWARD OF THE ITB-IO-07 2010 OVERLAY PROJECT TO BRANNAN SAND AND GRAVEL IN THE AMOUNT $729,979.08 D PUBLIC HEARING [gJ BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: ~ Director of Public Wor ISSUE: D ORDINANCES FOR I ST READING D ORDINANCES FOR 2 ND READING DYES [gJ NO City~' The 2010 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 38th Avenue from Wadsworth Boulevard to Kipling Street, and a number of local streets in the central third of the City. 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 to high volume streets throughout the City by priority, the reconfiguration of the Apple Ridge Ridge Cafe parking lot and spot pavement patching citywide. This project is the last of three preventive maintenance projects that the City will implement this year. On April 20, 2010, six bids were received and all met the initial bid requirements. The apparent low bidder was Brannan Sand and Gravel, Denver, Colorado in the total amount of $729,979.08, which includes the Base Bid and Bid Alternates I through 9. Staff verified the bid results and found a minor math error which was corrected with the approval of Brannan Sand and Gravel. The company's references and experience were evaluated by Public Works Staff. Brannan Sand and Gravel has successfully completed similar City projects over the past several years. PRIOR ACTION: None V:IFormslCAFtemplate Overlay Council Action Form May 10,2010 Page 2 FINANCIAL IMPACT: Funding for this program has been approved in the Preventive Maintenance Projects line item of the 20 I 0 Capital Improvement Program budget in the amount of $1,250,000. This project is the last of three preventive maintenance projects that will be funded from this account. BACKGROUND: Bids for the 20 I 0 Overlay and Concrete Rehabilitation Project, #S-PM-O I-I 0, were opened on April 20, 2010. Six bids were received. The bids were comprised often parts -Base Bid and Alternate Bid I through Alternate Bid 9. Base bid -Pavement overlay and concrete replacement on 38th Avenue from Kipling Street to Wadsworth Boulevard and selected local streets in the central third of the City. Spot pavement patching citywide. Alternate I -Striping maintenance to high volume streets citywide Alternate 2 -Apple Ridge Cafe parking lot reconfiguration Alternate 3 -Sidewalk construction along Kipling Street adjacent to the Apple Ridge Cafe Alternate 4 -Pavement overlay on Yukon Street from 38th Avenue to end of street Alternate 5 -Pavement overlay on Allison Court from 38th south to cul-de-sac Alternate 6 -Pavement overlay on 37'h Avenue from 10hnson Street to Independence Street Alternate 7 -Pavement overlay on Independence Street from 35th Avenue to 38th Avenue Alternate 8 -Pavement overlay on Alley Street at 391h and Wadsworth Boulevard Alternate 9 -Pavement overlay on 441h Avenue at the railroad crossing near Eldridge Street Bid Ranges Base Bid: $536,758.49 -$709,935.25 Alternative: #1 $19,855.40 -$30,925.45 #2 $47,878.05 -$81 ,237.60 #3 $11,766.75 -$30,152.64 #4 $ 9,105.00 -$18,254.07 #5 $21,470.75 -$38,016.87 #6 $16,013.45 -$28,348.70 #7 $26,748.60 -$51 ,340.49 #8 $17,335.00 -$32,464.27 #9 $ 5,979.15 -$15,372.48 Engineering Estimate $702, 155.75 $63,975.00 $70,720.00 $24,170.00 $ 9,317.50 $21 ,886.25 $14,920.25 $29,716.25 $18,962.50 $ 5,126.75 Due to favorable bid prices, staff recommends base bid and all bid alternatives be selected for construction. The lowest responsible and responsive bidder, Brannan Sand and Gravel of Denver, Colorado, has met the bid and qualification requirements. Overlay Council Action Form May 10,2010 Page 3 A 10% contingency amount of $72,998 is requested for the cost of other items related to the project. The proposed property purchase and sale agreement with John Anthanasopoulos provides for the City making parking lot improvements at the Apple Ridge Cafe at 38th Avenue and Kipling Street. Approval of the agreement is scheduled for City Council action on May 10, 2010. This work is included as Bid alternative # 2 of the project. RECOMMENDATIONS: Based upon the contractor's demonstrated capabilities and performance on a previous City project and due to favorable bid prices, Staff recommends the bid be awarded to Brannan Sand and Gravel which includes base bid and all bid alternatives. RECOMMENDED MOTION: "( move to award the ITB-J 0-07,2010 Overlay Project to Brannan Sand and Gravel, Denver, in the amount of $729,979.08, and that a contingency amount of $72,998.00 also be approved. I further move that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of$802,977.08. and all costs associated with the contract be paid from account number 30-303-800-884, and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 Series." Or, "I move to deny award of ITB-IO-07 2010 Overlay Project for the following reason(s) REPORT PREPARED AND REVIEWED BY: Steve Nguyen, Engineering Manager Linda Trimble, Purchasing Agent Tim Paranto, Director of Public Works ATTACHMENTS: 1. Project Map 2. Bid Tab Sheet " CITY OF WHEAT RIDGE 2010 OVERLAY PROJECT Cilyof .r? Wheat Rt9ge ~rUflllC WORK~ 4 N a -, We t ...eke ATTACHMENT 1 --OVERLAY/CONCRETE --ALTERNATIVE PROJECT: ITB-10-07 OVERLAY PROJECT BID DUE DATEITIME: APRIL 20,2010 BY 2:00 OUR CLOCK REQUESTED BY: PIW OPENED BY: LINDA TRIMBLE PURCHASING AGENT,"" -WITNESSED BY: AMY VANDER MEER, PURCHASING TECHNICIAN City of ~V\7hea:tR..!9ge BRANNAN SAND & AGGREGATE ASPHALT ASPHALT LAFARGE VENDOR GRAVEL INDUSTRIES PAVING SPECIALITIES WEST LOCATION DENVER GOLDEN GOLDEN HENDERSON DENVER . :~, : "~"": ".I,: " t,;/·, c: SIGNATURE PAGE YES YES YES YES YES ACCEPTS VISA YES NO NO NO NO ADDENDUM 1 YES -YES YES YES YES ILLEGAL ALIEN COMPLIANCE YES YES YES YES YES CONTRACTOR'S QUALIFICATION YES YES YES YES YES LIST OF SUB-CONTRACTORS YES YES YES YES YES NON-COLLUSION AFFADAVIT YES YES YES YES YES BID BOND FORMS YES YES YES YES YES BID FORM! TOTAL BASE BID 537,887,99 675,261.10 644,599.40 609,452,00 676,877.85 ALTERNATE 1 21 ,347.47 30,925.45 19,855.40 23,541 .00 20,855.40 ALTERNATE 2 56,516.03 49,186.05 81 ,237.60 54,197.50 47,878,05 ALTERNATE 3 14,099,74 11 ,766.75 30,152,64 23,516.00 16,081 .54 ALTERNATE 4 93,090,80 11 ,325.00 18,254,07 9,105.00 12,547.41 ALTERNATE 5 21 ,470.75 26,050.00 38,016.87 23,050,00 24,868.88 ALTERNATE 6 16,013.45 19,694.05 28,348,70 18,107,00 19,812,77 ALTERNATE 7 26,748.60 32,157.40 51 ,340.49 29,465.00 33,384.65 ALTERNATE 8 21 ,655,60 17,996.65 32,464.27 17,335.00 20,247.52 ALTERNATE 9 5,979.15 11,143.20 14,356,76 7,652.00 15,372.48 PROJECT: ITB-10-07 OVERLAY PROJECT BID DUE DATEITIME: APRIL 20, 2010 BY 2:00 OUR CLOCK VENDOR LOCATION PREMIER PAVING DENVER ,.:. " ", .~., ... -.,,~.-:> .. ~,. ~~-• SIGNATURE PAGE YES ACCEPTS VISA NO ADDENDUM 1 YES -ILLEGAL ALIEN COMPLIANCE YES CONTRACTOR'S QUALIFICATION YES LIST OF SUB-CONTRACTORS YES NON-COLLUSION AFFADAVIT YES BID BOND FORMS YES BID FORMITOTAL BASE BID 709,935.25 ALTERNATE 1 22,576.00 ALTERNATE 2 55,520.75 ALTERNATE 3 17,642.25 ALTERNATE 4 17,490.50 ALTERNATE 5 37,306.25 ALTERNATE 6 26,369.50 ALTERNATE 7 44,211 .25 ALTERNATE 8 25,107.50 ALTERNATE 9 11,484.50 REQUESTED BY: PIW OPENED BY: LINDA TRIMBLE PURCHASING AGENT '1'WITNESSED BY: AMY VANDER MEER, PURCHASING TECHNICIAN " _ • City o r , Wheat R.L-dge ITEM NO:~ DATE: May 10,2010 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 22-2010 A RESOLUTION ALLOCATING THE REMAINDER OF THE CITY'S 2007 JURISDICTIONAL ALLOCATION OF FEDERAL HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE WHEAT RIDGE HOUSING AUTHORITY FOR THE PURPOSE OF ACQUIRING A SINGLE FAMILY RESIDENTIAL HOME TO BE REHABILITATED AND SOLD o PUBLIC HEARING o ORDINANCES FOR 1ST READING o BIDS/MOTIONS ~ RESOLUTIONS QUASI-JUDICIAL: ISSUE: o ORDINANCES FOR 2 ND READING YES ~ NO City ManaRtr The City receives an annual allocation of federal Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds from Jefferson County. The City currently has approximately $75,000 in remaining funds in our jurisdictional allocation from 2007. HUD and Jefferson County are requiring those funds be obligated to a project no later than May 31, 20 I O. City Council had previously allocated those funds to go toward site clearance, demolition and public improvements in conjunction with the Renewal Wheat Ridge proposal to redevelop properties at the southeast corner of 44th and Wadsworth. With the public/private partnership for that redevelopment project not yet finalized, it is not currently possible to spend those funds on that project. Working with the Jefferson County Community Development staff, it has been determined that the most straightforward and expedient use of those funds to meet the Council Action Form May 10,2010 Page 2 HUO and County deadline would be to acquire a single family home for acquisition, rehabilitation and sale. It is being recommended the funds be allocated to the Wheat Ridge Housing Authority for the purpose of acquiring a single family home. The Wheat Ridge Housing Authority would augment the COBO funds with their own resources to cover the full costs of the acquisition and subsequent rehab of the property. PRIOR ACTION: At a February 22, 2010 City Council meeting, City Council adopted a resolution supporting the use of the City's 2007, 2008, 2009 and 20 10 COBO funds for the redevelopment of the 44th Ave. and Wadsworth Blvd. and allocated $30,000 toward the Senior Resource Center senior circulator bus. BACKGROUND: Jefferson County is considered the grantee of the COBO funds by the federal government and is ultimately responsible for the timely and proper use of the funds . The City is considered a sub recipient of the funds. The City has an Intergovernmental Agreement Agreement ([OA) with Jefferson County concerning the allocation of County COBO funds to the City of Wheat Ridge. [n recent years, the IGA was amended to allow the accumulation of up to three years of the City's jurisdictional allocations. There has been a change in administration at the Jefferson County Community Development Office. The new director has indicated the County is over the unallocated funding limit allowed by the U. S. Treasury and needs to spend 2007 funds by May 31, 2010. Based on City Council's previous action, the balance of the 2008, 2009 and 2010 funds will continue to be reserved for work associated with th~ 44th and Wadsworth redevelopment. However, it is necessary for the City to identify an alternative use of the remaining 2007 funds, or we will be required to return the funds to the County to allocate toward some other eligible project. FINANCIAL IMP ACT: There will not be any direct financial impact to the City based on the recommended action. The $74,738 will be allocated directly from Jefferson County to the Wheat Ridge Housing Authority (WRHA). The funds will leverage additional financial resources from the WRHA, who will cover the balance of the acquisition and rehab costs. RECOMMENDATIONS: Staff recommends authorizing the use of the City's 2007 COBG funds in the amount of $74,738 to the WRHA for the purpose of acquiring a single family home and rehabbing for sale to an owner-occupant. Based on previous City Council direction, staff had been attempting to allocate the funds toward the pending redevelopment project at 44th and Wadsworth. However, because that public private development agreement has not been finalized, it is not possible to spend the money on that project. Council Action Form May 10,2010 Page 3 Staff also looked at several other options for use of the funds, including the following: • Allocating to SRC to acquire a new bus (ineligible because it is considered a "service" and the County has already used the maximum amount allowed in that category) • Allocating for seasonal code enforcement (ineligible in the same manner noted above) • Allocating toward demolition costs and environmental remediation for the former transmission shop at the corner of 44th and Upham, which is owned by Renewal Wheat Ridge (timeframes necessary to bid that project were too lengthy to meet the County's May 31 deadline) RECOMMENDED MOTION: "T move to approve Resolution No. 22-2010 authorizing the allocation 0[$74,738 ofthe City'S 2007 jurisdictional allocation ofCDBG funds to the WRHA for the purpose of acquiring a single family home and rehabilitating it for sale to an owner-occupant. " Or, "r move to table indefinitely the approval of Resolution No. 22-2010 for the following reasons: __________________________ " REPORT PREPARED AND REVIEWED BYj Sally Payne, Senior Planner Kenneth Johnstone, Community Development Director ATT ACHMENTSj I. Resolution No. 22-20 I 0 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 22 Series 2010 TITLE: A RESOLUTION ALLOCATING THE REMAINDER OF THE CITY'S 2007 JURISDICTIONAL ALLOCATION OF FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE WHEAT RIDGE HOUSING AUTHORITY FOR THE PURPOSE OF ACQUISITION OF A SINGLE FAMILY HOME TO BE REHABILITATED AND SOLD WHEREAS, the City currently receives annual allocations of Federal funding from the Department of Housing and Urban Development through the Community Development Block Grant (CDBG) Program administered by Jefferson County Community Development, and WHEREAS, the Department of Housing and Urban Development has established certain parameters within which local jurisdictions are allowed to expend such funds, which generally relate to three areas: 1) provision of low and moderate income housing, 2) elimination of slum and blight, and 3) emergency needs,and WHEREAS, the City is permitted to establish additional local priorities for the use of CDBG funds, so long as they remain within the general areas identified by HUD for this program, and WHEREAS, the City is permitted to determine how the City's jurisdictional allocations will be expended as long as the projects are eligible and meet the goals and objectives of the CDBG program, subject to final approval by the Jefferson County Board of Commissioners. WHEREAS, the Department of Housing and Urban Development is requiring that Jefferson County identify projects to expend the remaining 2007 allocation of CDBG funds no later than May 31,2010. WHEREAS, the Wheat Ridge Housing Authority has a mission to acquire residential properties and rehab them for sale to future owner occupants, which is an eligible activity for the CDBG program. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. $74,738 of 2007 CDBG funds shall be allocated to the Wheat Ridge Housing Authority to acquire a single family home for acquisition, rehab and sale to a future owner-occupant. ATTACHMENT 1 1 Section 2. This resolution shall be effective upon adoption. DONE AND RESOLVED this 10th day of May, 2010. Jerry DiTullio, Mayor ATTEST Michael Snow, City Clerk 2 Connecting the Dots Economic Development Summit As a Council representative for Wheat Ridge business district, I have been asked by the mayor to introduce a plan that brings together city stake holders into an economic development assembly, the mayor calls "Connecting-the-Dots." This assembly pools the efforts of the city and all named organizations into a partnership of shared knowledge, cooperation and effectiveness. Who has been named for participation City of WR Econ. Development Dept Mayor's Office Renewal Wheat Ridge Enterprise Wheat Ridge Wheat Ridge Business District Wheat Ridge 2020 What will be Discussed Who else might be included to attend Jefferson Economic Council Applewood Business District The West Chamber Heads of .Boards/Commissions Major participants will be presenting their basic roles in economic development as well as being afforded information to see how those roles blend with new projects and particularly with each other. City Staff currently meets bi-weekly to review economic development as part of basic city operations. However, the multiple organizations formed to assist in economic development are not always available to current information or how they complement the city's changing plans or each other. When, Where To allow city staff, the Mayor's office and participants time to prepare documentation and presentations, the first week of August has been suggested at City Hall. To the Mayor and City Council, May 10,2010 12290 W 42nd Ave Wheat Ridge, Colorado 80033 Due to a funeral today, we are unable to attend tonight's meeting concerning Case #SUP-lO-03. There are numerous reasons we are opposed to this special use and we will list a few of them. 1. A special use permit is just that, SPECIAL. These permits should not be given out without a clear need for that particular use in a particular zone category. This use should also be one that will not be detrimental to the surrounding land uses. This particular special use does not fall into this category, as we see it. 2. The April 25, 2010 Hub the Mayor stated that the new mixed use zoning code would encourage development that is walk-able, compact and contains a mix ofland uses. It is to create a balanced mix of land uses that will promote long-term economic growth for the community. Yes, this use is walk-able for a few homeowners who might want to have their vehicles repaired here. It is defiantly compact but does it promote long-term economic growth for the community. We think not. The impact to the surrounding land uses will ouly encourage a loss of land values, and an undo impact on a residential street. It can also have long term effects on the revitalization of the area. 3. Impact to Xenon Street and W. 42nd Avenue and Xenon will be beyond words. The long range plan for Xenon Street and 44th Avenue is to close off the street and have traffic exit from Xenon Street onto 42nd and Y oungfield Street. This means, commercial traffic on a residential street. Until that time, traffic, no matter what the developer says, will use EITHER 44thIXenon or 42nd and Youngfield as the access to this development. 4. After a major investment is made by this owner, the use established with a special use permit, will probably be next to impossible to not allow future special use permits to continue for this use. Or a re-zoning application to continue said use. 5. It is our hope that you do not think a precedent was set in this neighborhood by the approval of a special use permit for the doggie daycare. We were opposed to the issuance of that permit. Now, we have a request for a use with a much more intense impact on the residential neighborhood. The traffic flow for the doggie daycare is not always to and from 44th and Xenon but, also traffic uses 42nd and Youngfield, thus traveling down a residential street. 6. Will Cabela's be built? It is anyone's guess, but for once, the City of Wheat Ridge has an opportunity to begin encouraging development that will encourage a renewal of this end of Wheat Ridge that does not include one more business that deals with vehicles of any kind. We have camper sales lots, camper repair sites, a truck stop, truck tire repair shop, small trailer sales, diesel repair at the truck stop, gas stations. Nice view from 1-70, Youngfield, 44th Avenue, and \ ,/Ward Road. One of the "better" gateways to Wheat Ridge!!! . This area of Wheat Ridge has more than enough auto repair shops to meet the needs of the area. 7. This site is near a major irrigation ditch and the water table is rather close to the surface. Many, ifnot most of the homes in this area depend on wells for their domestic water. We are concerned about the detergents used to clean bays, oil, diesel fuels, etc. getting into the water table. Yes, the developer can say and the City can require systems to protect the water, but all of us know these are not fail safe. 8. What impact will this development have when Y oungfield Street is improved at this intersection? 9. This site will also increase the noise in this neighborhood. We could go on and on, but we hope you see our concern. Now, instead of just asking you to deny this special use, we need to work with the City and come up with a mini master plan for the area from Tabor Street west to Youngfield, Clear Creek to 1-70. This plan would help all land owners, commercial and residential to know and understand what the future uses will be so they can decide how much they want to invest in their property. We know it is almost unbelievable to many that people enjoy living in this part of Wheat Ridge. We have so many amenities that are not found elsewhere in the city. People come from all over to use the greenbelt that is right in our backyards, so to speak. We have access to shopping, the interstate, schools of all kinds, large lots, horses, trails for walking, biking and horseback riding, safe neighborhoods where neighbors know neighbors. So, to the City Council, we ask you to deny this special use permit and work with us to improve what is here instead of causing a slow death of the neighborhoods. With decay comes crime with crime comes more decay and blight for businesses and residential neighborhoods. ~ .. ,J1J.ank you, .=-=o~