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HomeMy WebLinkAboutStudy Session Packet 07-16-12STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO July 16, 2012 6:30p.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. PUBLIC COMMENT ON AGENDA ITEMS APPROVAL OF AGENDA .1. Elected Officials ' Report(s) 2. Jefferson County Schools Presentation ~ Staff Report( s) a) Closure of City Parking Lot-38th Ave. Events b) Architectural and Site Design Manual Update 4. Foothills Animal Shelter IGA 5. Discussion of 2010 Model Traffic Code 6. Amendment to the Current Amplified Sound Ordinance ~ l ~ .... ~ ~ r-City of • .. ~Wheat&_dge ~OFFICE OF THE CfTY MANAGER Memorandum TO: FROM: Mayor and City Council Patrick Goff, City Managerili DATE: July 10, 2012 SUBJECT: Jeffco School District Bond and Mill Levy Ballot Questions Representatives from the Jefferson County School District will be in attendance at the July 16th study session to present to City Council their proposal for a Mill Levy Override and Bond election in November 2012. The following individuals are scheduled to attend the meeting: • Cindy Stevenson, Superintendent • Jill Fellman, Secretary, Board ofEducation • GriffWirth, Principal , Wheat Ridge Senior • Warren Blair, Principal , Wheat Ridge 5-8 • John Martinez, Principal , Wilmore Davis Elementary Attachments: 1. Jeffco Public Schools Budget Highlights 2012-2013 2. Jeffco: Just the Facts -May 2012 3. Jeffco Fast Facts 4. Proposed 2012 Bond Scope, May 23 , 2012 5. Mill Levy Override and Bond Ballot Questions Budget Highlights 2012-2013 Building Bright Futures "The Board of Education worked hard to protect our classrooms and schools despite the reductions in state funding. We collaborated with our community, our employees, and our district leadership to sustain our conservative financial path and preserve our traditions of excellence." -Lesley Dahlkemper, President, Jeffco Board of Education Jeffco: Money Spent in the Right Places for Academic Excellence 11"18tructlonal Support Special Education 11"18tructlon School Administration Operation• and Maintenance Gener.~l Admlnlstnltlon • $5 million • $5 million • $3 million • $7 million Budget Recommendations: 2012-2013 Total: $20 million in Budget Balancing Efforts Continued 3% Reduction in Employee Compensation Additional Funds from jeffco's Rainy Day Fund Reduced Transfer to Capital Funds Reductions from Central Administration, Support & Services Potential Budget Reductions: 2013-2014 $43 million • Includes reductions in classroom teachers, instrumental music teachers, counselors, teacher librarians, and instructional coaches • Details available at www.jeffcopublicschools.or& jeffco's budget challenges are not over. Jeffco History-Efficient • Since 2010, the district has cut more than $60 million from the budget • If jeffco had not had a "rainy day fund" (savings account), reductions would have been closer to $127 million ]effco is continuously seeking efficient and lean operations. Why the reductions? Per child state funding has declined . • 2009-2010 $7,069 • 2011 -2012 $6,309 • 2010-2011 $6,637 • 2012-2013 $6,180 (estimated) State economic impacts have resulted in reductions in revenues from the State. Budget Highlights 2012-2013 Jeffco schools budget plan saves most painful cuts for 2013-14 Source : The Denver Post Feb . 1 7 , 2012 Jefferson County Public Schools officials and members of the School Board announced Friday a two-year program of budget cuts they say will spare classrooms and save teaching jobs for 2012-13, b u t not in 2013-14. After a weekend summit among school administrators, staff and representatives of the school employees' association and the Jeffco Education Association, the announcement follows months of meetings and public forums designed to prioritize the cuts. Jeffco Board of Education president Les ley Dahlkemper broke the cuts into two one -year plans. She d escribed the recommendations as tentative plans and solutions to the budget crisis. "These protect the classroom, preserve jobs and are financially responsible," she said. The reductions amount to nearly $20 million in the first year and close to $44 million in the second. Dahlkemper said, "This crisis is a result of fewer dollars from the state." Many of the reductions that otherwise would have been required in the first year would be offset by pulling $5 million from reserves and $3 million from capital transfer funds. Two furlough days for schools and staff also are being considered. A 3 percent cut in compensation to school staff will continue, which carries over from the past two years. At least 31 central administrative pos itions will be eliminated, but the Outdoor Lab is safe for one more year, as are elementary music programs and teacher-librarians. However, when it comes to the second year, Superintendent Cindy Stevenson said, "It's slash and burn." In 2013-14, there are 600 job reductions and no provision for Outdoor Lab . Jefferson County Education Association president Kerrie Dallman said, "It's kicking the can down the road one more year." For more information on the budget cuts, go to www.jeffcopublic schools.org. When asked about the possibility of a mill- levy override in 2012, Dahlkemper said, "That's something we need to hear from the community." She added that the expected funds from a bond levy has traditionally been $30 million to $40 million. But she said even if voters say yes, "We're still looking at cuts and will have to make tough choices." It's been eight years since a mill levy passed in the district. Dallman said the state needs to work on long- term solutions. "It's time for our community and our state to take the lead and decide what kind of education our students deserve -world - class or substandard," she said. JEFF CO PUBLIC SCHOOLS Jeffc:o: Just the Facts-May 201z;'!!~~S:c£ Achievement CSAP/TCAP • Jeffco students who score advanced or proficient, continue to outperform the state average in reading, writing, math and science in all grades. • Jeffco's 10th grade math scores for 2010-11 are higher than those of Douglas County, Cherry Creek and the state . Math -Percentage Poverty Rate Advanced/Proficient Jeffco 42% 31% Colorado 32% 40% Cherry Creek 39% 26% Douglas 41% 11% Boulder 49% 18% • Jeffco's third-grade reading results show that 80 percent of third graders are reading at proficient or advanced levels on TCAP in 2012. Only five percent score in the unsatisfactory range; the number of third graders who need significant support in reading is 312. Graduation rate • There are several different ways to calculate the graduation rate: );> Total graduation rate (including charters, option and programs for students at-risk): 79.1 percent );> Neighborhood graduation rate: 86 percent );> Graduation rate including fifth-year students: 89 percent • According to Education Week, Jeffco has the third highest graduation rate for the 50 largest school districts in the U.S. • Jeffco's class of 2009 had 75.7 percent of students in two or four-year institutions of higher education one year following graduation (according to a new report from the Colorado Commission on Higher Education). • Comparing U.S. student achievement to students in other countries should be done cautiously. Comparisons must consider the similarities and differences in population. Economist Robert J. Samuelson said, "U .S. schools do about as well as the best systems elsewhere in educating similar students." • According to the 2010-11 School Performance Framework ratings, 85 percent of schools in Jeffco will receive the highest accreditation plan assignment, Performance, from the Colorado Department of Education. For the state overall, 70 percent of schools earned a Performance rating. Jeffco Student Achievement: ]effco: Building Futures Every day Jeffc:o: Just the Fac:ts-May 201zR~~S2 Leading the way in choice. reform and transparency Transparency • Jeffco was one of the first school districts in Colorado to post its financial transactions in a searchable online database, prompting the Independence Institute to say, " .. .Jeffco, Colorado's largest school district, has established itself as a national leader in public education financial transparency ... " • Jeffco's transparency website recently won a Sunny Award from the Sunshine Review which honors the most transparent websites in the nation. Out of 6,000 websites reviewed, only 214 of them earned a Sunny Award. Choice • Jeffco has multiple charter (14} and option schools (10}. • In addition, families can choose among excellent neighborhood schools-Jeffco's traditions of excellence have kept public tax dollars in public schools, not in private or corporate schools. • A three-year trend of choice enrollment rates for resident students shows a stable enrollment with a median of: ~ 70.6 percent of students enrolling in their neighborhood school ~ 19 percent of students choice enrolling in another neighborhood school ~ 10.4 percent of students choice enrolling in a charter, option or special school Reform • Jeffco is the recipient of an innovative research and development project in 20 schools to test new ways of doing business, because we believe even great teachers can get better. • In those schools, teachers and principals will spend the next three years researching whether we can dramatically improve student learning by reforming the way we compensate and support teachers. • This project is one way Jeffco teachers are leaders in the education reform that is happening in Colorado and across the nation. Jeffco: Just the Facts-May 201~~~sg Budget Reductions • Budget reductions total $63 million or 9 percent between 2009 -10 and 2011-12. REDUCTIONS • The dollars Jeffco has received from the state have dropped $761 per student ($7,070 in 2009 -10 to $6,309 in 2012 -13}. • Jobs eliminated between 2009-2012: 447 );> 7 percent administrative );> 6 percent licensed );> 5 percent support staff • Between 2009-10 and 2011 -12, Jeffco's rainy day fund, or savings account, was spent down by $73 million; without it, budget reductions would have been more than $130 million. Expenditures • Expenditures have gone up since 2004 because of: $63,175,300 );> The American Recovery and Reinvestment dollars (federal) which are now gone. );> Federal Edujobs funding which is now gone. );> Amendment 23 provisions which provided an additional one percent to school funding which are now gone . );> Transfers from Jeffco's rainy day funds, which have been spent down by $73 million. );> The voter-approved mill levy override which raised revenue beginning in 2004. • Between 2009-10, 2010-11 and 2011 -12, expenditures and transfers decreased by seven percent ($669 million in 2009-10 compared to $619 million in 2011-12) while inflation was 5.5 percent . • Decreases in Jeffco's budget will continue in 2012 -13 . How is the money spent? • Jeffco spent approximately $7,734 per pupil in 2011-12. Jeffco calculates this general fund operating expense like every other school district in Colorado. Taking the district's total budget and dividing it by the number of students is a false and misleading amount for per pupil funding. (It double-counts revenues and expenditures between funds and doesn't take into account specific requirements of grants.) • Over the course of the 173-day school year, it costs approximately $42 dollars a day to educate each of our 85,796 students. • Every dollar spent from the general fund has 84 cents going into the classroom and classroom $.10 $.01 $.08 $.11 $.05 Speaial E*-tion l....truation School Admini.tratlon support. Only 16 cents goes to operations, maintenance and general administration. Jeffc:o: Just the Facts-May 20l~~~~S2 Employees • Jeffco has 133 central administrators budgeted in the general fund for 2011-12. These central administrators oversee 14,000 full-time, part- time and temporary employees. • Jeffco spends approximately 3 percent of the general fund compensation budget on central administrative staff. • According to a third-party analysis of the 20 largest school districts in Colorado: >-Jeffco is below the average in spending on administrative and support costs . >-Jeffco is above the average in spending on instruction and schools. Return on investment • According to a report issued by the Center for American Progress. Jeffco received a "green" rating indicating the highest return on investment. The study "measures the academic achievement a school district produces relative to its educational spending, while controlling for factors outside a district's control, such as cost of living and students in poverty." • Jeffco was one of only two districts in the Denver metro area to receive the "green" rating. Compensation PERA -Public Employees Retirement Account • PERA contributions are mandated by state statute . Under state law, Jeffco's contribution to PERA will increase to 15.65 percent next year; employee contribution will be 8.0 percent. • Regardless of the outcome of an election, the district will continue to pay into PERA because it is a state legislated requirement. Employee pay and benefits • In 2011 -12 and 2012 -13, Jeffco employees have continued to take a three percent reduction in compensation. • If employees had been required to take an additional one percent reduction to cover the cost of PERA, their pay would have been reduced by four percent. • A four percent reduction would jeopardize the ability for Jeffco to keep the best and brightest teachers, leaders and support staff because we compete with other districts that can afford to pay more. • Additionally, employee monthly contributions for family medical, dental and vision benefits have risen more than 300 percent over the past eight years. COMPENSATION two years continuing 3% reduction HEALTH CARE employees absorbed 300% increase in family care ]effco: Traditions of Great Teachers Jeffco Fast Facts • 2009-2010 through 2011-2012: $63,175,300 • 9% of the Operational Budget • $7611ess per child between 2009-2010 and 2012-2013 from the state • $7,069 to $6,309 • 2009-2010: $562,000,000 • 2012-2013: $509,000,000 •133 central administrators for 1 • 2012-2013 spending will be below that of 2007-2008 • Rainy Day Fund (savings account) spent down $73,000,000 •Worst Case Scenario : $43-$4S million of reductions •Rainy Day Funds (Savings Account) Drained anguage 1s approve •600 Jobs Lost (Including 396 teachers and 85 .3 librarians, counselors, and instructional coaches) •Demand for schools is reflected in the market value of every residential property •Each additonal dollar of local property tax increases property values by an estimated average of $34.27 •School system quality according to NAEP is correlated with higher property values Fast Facts: Business Edition June 2012 PROPOSED 2012 BOND SCOPE May 23,2012 ARTICULATION AREA-ALAMEDA Campus Name Elementary Schools Deane Kendrick Lakes Lasley Patterson International Patterson Preschool Stein Elementary Stein Preschool Middle Schools O'Connell High Schools Alameda # Scope HV AC system renovation Electrical system repairs Security system partial replacement Sidewalk repair HV AC system renovation Fire alarm & security system replacement Security system partial replacement No critical needs funded Security system partial replacement Exterior envelope repairs No critical needs funded Security system and paging system upgrades Fire alarm & security syste m upgrade Sidewalk repair Page 1 of 22 Bu/Wint BtUirr F"11rum PROPOSED 2012 BOND SCOPE May 23,2012 ARTICULATION AREA-ARVADA Campus Name Elementary Schools Arvada K-8 Fitzmorris Foster Hackberry Hill Lawrence Peck Secrest Swanson Thomson Scope Electrical system partial replacement Additional exterior envelope restoration Fire alarm & security system replacement Exterior envelope upgrades HV AC system renovation Additional exterior envelope restoration Fire alarm & security system replacement Electrical system partial replacement Fire alarm, paging & security system replacement Exterior envelope restoration Boiler replacement Exterior envelope restoration Fire alarm & security system replacement HV AC partial replacement Roof replacement Additional exterior envelope restoration Fire alarm, paging & security system replacement HV AC partial replacement Additional exterior envelope restoration Fire alarm, paging & security system replacement HV AC partial replacement Sidewalk repair I replacement Exterior envelope restoration Roof replacement Sidewalk repair I replacement Page 2 of 22 8tdWirtt lmtllt Fvrurrs PROPOSED 2012 BOND SCOPE May 23,2012 ARTICULATION AREA-ARVADA, continued Campus Name Middle Schools North Arvada High Schools Arvada Scope Bleacher repair I replacement Exterior envelope restoration Fire alarm, paging & security system replacement HV AC unit replacement Roof replacement Bleacher repair I replacement Electrical system renewal Additional HV AC system renovation Security system upgrade Page 3 of 22 PROPOSED 2012 BOND SCOPE May 23,2012 ARTICULATION AREA-ARVADA WEST Campus Name Elementary Schools Allendale Campbell Fairmount Fremont Stott Vanderhoof Middle Schools Drake Oberon High Schools Arvada West Scope HVAC system renovation Security system replacement Exterior envelope restoration Fire alarm & security system replacement HV AC system renovation Exterior envelope restoration Partial HV AC system renovation Additional exterior envelope restoration Fire alarm & security system replacement HV AC system renovation Fire alarm & security system replacement HV AC system renovation Electrical system partial replacement HV AC partial replacement Exterior envelope restoration HV AC partial replacement Partial roof replacement See Ralston Valley Articulation No critical needs Page 4 of22 t;;' I~Lfcfc~ B1111ifi"J Brf.llit Fttnnr:s PROPOSED 2012 BOND SCOPE May 23,2012 ARTICULATION AREA-BEAR CREEK Campus Name Elementary Schools Bear Creek K-8 Green Gables Kendall vue Peiffer Red Rocks Westgate Middle Schools Carmody High Schools Bear Creek Scope No critical needs Water heater replacement Security system panel replacement Fire alarm system renovation Sidewalk repair I replacement Additional exterior envelope restoration Fire alarm & security system renovation HV AC system renovation Electrical system repair Additional HV AC system renovation Security system replacement Bleacher repair I replacement Fire alarm & security system replacement HV AC system renovation Plumbing system restoration No critical needs Page 5 of 22 PROPOSED 2012 BOND SCOPE May 23,2012 ARTICULATION AREA-CHATFIELD Campus Name Elementary Schools Bradford Intermediate Bradford Primary Coronado Mortensen Shaffer Stony Creek Ute Meadows Scope Fire alarm & security system replacement HV AC system renovation Roof replacement Additional HV AC system renovation HV AC system renovation Parking lot & sidewalk repair I replacement Exterior envelope restoration HV AC system renovation Roof replacement Exterior envelope restoration Electrical system partial replacement HVAC system renovation Sidewalk repair I replacement Electrical system partial replacement HV AC system renovation Sidewalk repair I replacement Site drainage system restoration Page 6 of22 t;;' !~fcfc~ Bwiklfns 8f1Zhr Flltuft'S PROPOSED 2012 BOND SCOPE May 23,2012 ARTICULATION AREA-CHATFIELD, continued Campus Name Middle Schools Deer Creek Falcon Bluffs High Schools Chatfield Scope Bleacher repair I replacement Backup chiller repair I replacement Roofing partial replacement Paging system partial replacement No critical needs HV AC system renovation Roof replacement Sidewalk repair I replacement Page 7 of22 PROPOSED 2012 BOND SCOPE May 23,2012 ARTICULATION AREA-COLUMBINE Ca mpu s N am e El eme ntary Sc hools Columbine Hills Columbine Preschool Dutch Creek Governor's Ranch Leawood Normandy Mi ddle Schools Ken Caryl High Sc hools Columbine Scope Additional exterior envelope restoration HV AC system renovation Roofing partial replacement Surplused cottage B & C and temp June 2012 No critical needs in cottage A Fire alarm & security system replacement HV AC system partial replacement Additional exterior envelope restoration Fire alarm & security system replacement HV AC system renovation Sidewalk repair I replacement HV AC system renovation Sidewalk repair I replacement Bleacher repair I replacement Exterior envelope replacement Water heater replacement Fire alarm & security system replacement HV AC system renovation Water heater replacement Exterior envelope restoration Page 8 of 22 r;7 !~fctS2. Bw lldint Brltflt Ftlrum PROPOSED 2012 BOND SCOPE May 23,2012 ARTICULATION AREA-CONIFER Campus Name Elementary Schools Elk Creek Marsh dale West Jefferson West Jeff Preschool Middle Schools West Jefferson High Schools Conifer Scope HV AC system renovation Fire hydrant replacement Septic system restoration Electrical transformer replacement Sidewalk repair Electrical system partial replacement Domestic water system restoration Decommission June 2012 Additional exterior envelope restoration Fire alarm, paging & security system replacement HV AC system renovation Partial roof replacement Bleacher repair/ replacement Elevator upgrade Fire alarm, paging & security system replacement Paving & concrete replacement Water & wastewater treatment plant upgrades Page 9 of 22 PROPOSED 2012 BOND SCOPE May 23,2012 ARTICULATION AREA-DAKOTA RIDGE Campus Name Elementary Schools Blue Heron Colorow Mount Carbon Powderhorn Westridge Middle Schools Summit Ridge High Schools Dakota Ridge Scope HV AC system renovation Security system panel replacement Water heater replacement Sidewalk repair/ replacement Fire alarm, paging & security system replacement HV AC system renovation Fire alarm, paging & security system replacement Exterior door & hardware replacement Paging & security system replacement Bleacher replacement Fire alarm & security system replacement HV AC system renovation Roof replacement Page 10 of 22 PROPOSED 2012 BOND SCOPE May 23,2012 ARTICULATION AREA-EVERGREEN Campus Name Elementary Schools Bergen Meadow Bergen Valley Parmalee Wilmot Middle Schools Evergreen High Schools Evergreen Scope Fire alarm & security system replacement Additional HV AC system renovation Roof replacement Security system panel replacement Exterior door & hardware replacement HV AC system renovation Septic system restoration HV AC system renovation Sidewalk repair I replacement Partial HV AC system renovation Sidewalk repair I replacement Elevator repair I replacement Fire alarm & security system replacement Additional HV AC system renovation Locker replacement Page 11 of 22 Bulldi"J, Brltflt Ft1tutr.s PROPOSED 2012 BOND SCOPE May 23,2012 ARTICULATION AREA-GOLDEN Campus Name Elementary Schools Kyffin Jolm and Karen Litz Preschool Mitchell Pleasant View Ralston Shelton Welchester Middle Schools Bell High Schools Golden Scope Power services upgrade Security system partial replacement No critical needs Fire alarm & security system replacement HV AC system renovation Exterior envelope restoration HV AC system renovation Paging & security system replacement Sidewalk repair I replacement Exterior door replacement HV AC system renovation HV AC system renovation Paging & security system replacement Electrical panel replacement Exterior door hardware replacement HV AC system renovation Bleacher repair I replacement Paging & security system replacement HV AC system renovation Paving replacement No critical needs Page 12 of 22 PROPOSED 2012 BOND SCOPE May 23,2012 ARTICULATION AREA-GREEN MOUNTAIN Campus Name Elementary Schools Devinny Foothills Green Mountain Hutchinson Florence Irwin Preschool Rooney Ranch Middle Schools Dunstan High Schools Green Mountain Scope Door hardware replacement Paging system replacement HV AC system partial renovation Security system panel replacement Sidewalk repair I replacement Additional exterior envelope restoration HV AC system partial renovation HVAC system partial renovation Fire alarm & security system replacement No critical needs HV AC system partial renovation Partial roof replacement No critical needs Bleacher repair I replacement HV AC system partial renovation Security system replacement Page 13 of 22 PROPOSED 2012 BOND SCOPE May 23,2012 ARTICULATION AREA-JEFFERSON Campus Name Elementary Schools Edgewater Lumberg Martensen Molholm Stevens K-4 Middle S chools Wheat Ridge 5-8 High Schools Jefferson Scope Exterior door & hardware replacemen t HV AC system partial renovation Sidewalk repair I replacement Ex terior door & hard ware replacemen t Fire alarm, paging & security system replacement Roof replacement Sidewalk repair I replacement Declared surplus -to be sold July 2012 Fire alarm & security system replacement HV AC system par tial renovation Sidewalk repair I replacement Exterior door hardware replacement Bleacher repair I replacement Security system replacement Exterior door replacement Fire alarm & paging system replacement Sidewalk repair I replacement Page 14 of 22 PROPOSED 2012 BOND SCOPE May 23,2012 ARTICULATION AREA-LAKEWOOD Campus Name Elementary Schools Belmar Eiber Glermon Heights Slater South Lakewood Middle Schools Creighton High Schools Lakewood Scope Electrical switchgear replacement HV AC system partial renovation Roof replacement Security system replacement Exterior envelope restoration HV AC system partial renovation Paging & security system replacement Sidewalk repair/ replacement Fire alarm, paging & security system replacement Partial HV AC system renovation Roofing partial replacement Fire alarm & security system replacement HV AC system partial renovation Roofing partial replacement Water heater replacement Paging system replacement Bleacher repair/ replacement Sidewalk repair/ replacement Auditorium stage/ theater lighting replacement Upper bleacher repair/ replacement HV AC system partial renovation Page 15 of 22 PROPOSED 2012 BOND SCOPE May 23,2012 ARTICULATION AREA-POMONA Campus Name Elementary Schools Little Parr Warder Weber Zerger Middle Schools Moore High Schools Pomona Scope Exterior door hardware replacement Paging system replacement Water heater replacement Exterior door & hardware replacement Security system replacement HV AC system renovation Roof replacement HV AC system renovation Decommissioned -no critical needs Exterior door replacement Fire alarm & security system replacement HV AC system partial renovation Paging system replacement Site drainage restoration Page 16 of 22 ~ !¥sfcfcS2. BwiW&ts Bt\(bt Altum PROPOSED 2012 BOND SCOPE May 23,2012 ARTICULATION AREA-RALSTON VALLEY Campus Name Elementary Schools Coal Creek Canyon K-8 Meiklejohn Sierra VanArsdale West Woods Middle Schools Oberon Wayne Carle High Schools Ralston Valley Scope HV AC system partial renovation Security system replacement Sidewalk repair I replacement No critical needs Security system replacement Paving repair I replacement Exterior envelope restoration Boiler replacement Security system panel replacement See Standley Lake Articulation Area Exterior envelope restoration Partial HV AC system renovation Security system replacement Page 17 of 22 PROPOSED 2012 BO ND SCOPE May 23,2012 ARTICULATION AREA-STANDLEY LAKE Campu s Name Elementary Schools Adams Lukas Ryan Semper Sheridan Green W itt Middle Schools Mandalay Wayne Carle High Schools Standley Lake Scope Ex terior door replacement HV AC system partial ren ovation Ex te ri o r door replacement HV AC system & controls partial renovation Paging system replacement Electrical system renovation Paging system replacement Electrical system renovation Fire alarm & securi ty system replacemen t HV AC system partial renovation Bleach er repair/ replacement No critical needs Bleacher replacement Paging & security system replacement Page 18 of 22 PROPOSED 2012 BOND SCOPE May 23,2012 ARTICULATION AREA-WHEAT RIDGE Campus Name Elementary Schools Norma Anderson Preschool Kullerstrand Maple Grove Pennington Prospect Valley Stober Vivian Wilmore-Davis Middle Schools Everitt High Schools Wheat Ridge Scope No critical needs Fire alarm & security system replacement HV AC system partial renovation Exterior envelope restoration Fire alarm & security system replacement HV AC system partial renovation Exterior envelope restoration HV AC system partial renovation Security system panel replacement Fire alarm, paging & security system renovation Fire alarm & security system replacement HV AC system partial renovation Sidewalk I site access repair & replacement Paging system replacement HV AC system partial renovation Additional exterior envelope restoration HV AC system partial renovation Paving repair I replacement Security alarm replacement Page 19 of 22 BuiWUtt Brizhr Fwrum CHARTER SCHOOLS PROPOSED 2012 BOND SCOPE May 23,2012 Scope at charter schools is currently being assessed and evaluated. $5.6 million of tl1e total bond program is budgeted to accommodate ilie critical needs at charter schools iliat are district owned, charter school owned or charter school building corporation owned. Campus Name Collegiate Academy Compass Montessori -Golden Compass Montessori-Wheat Ridge Excel Academy Free Horizon Jefferson Academy Montessori Peaks Academy Mountain Phoenix of Wheat Ridge New America Rocky Mountain Academy - Evergreen Rocky Mountain Deaf School Two Roads High School Woodrow Wilson Academy Scope To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined Page 20 of 22 PROPOSED 2012 BOND SCOPE May 23,2012 DISTRICTWIDE/ OPTION SCHOOLS Campus Name Brady Exploration School & Literacy Center Preschool Connections Learning Center Dennison Elementary School D'Evelyn Junior/Senior HS Jeffco Open School LongViewHS Manning School McLain Community HS Fletcher Miller Special Sobesky Academy Warren Occupation Technical Center (OTC) High School Warren OTC North Campus Scope Electrical power service & panel replacement HV AC system partial renovation Roof replacement No critical needs Additional exterior envelope Fire alarm & security system replacement HV AC system partial renovation Partialroofreplacement Chiller & cooling tower Water heater replacement Exterior lighting replacement Exterior envelope restoration Roof & skylight replacement Security system replacement No critical needs Fire alarm & security system replacement Exterior door replacement Security system replacement Electrical transformer replacement HV AC system partial replacement HV AC system partial replacement Page 21 of 22 BwiiJr., 8.;,/tl Ftrlllm PROPOSED 2012 BOND SCOPE May 23,2012 OUTDOOR EDUCATION LAB SCHOOLS Campus Name Mt. Evans OELS Windy Peak OELS Scope Emergency lighting replacement Emergency lighting replacement Fire sprinkler replacement ADMINISTRATION, STADIA, AND SUPPORT FACILITIES Campus Name Education Center JeffCo Stadium -Driving Education Center Jefferson County Stadium Lakewood Memorial Stadium North Area Athletic Complex North Transportation Center Shop Facility for Zones 1 & 2 South Transportation Center Support Services Trailblazer Stadium West Transportation Scope No critical needs funded No critical needs funded No critical needs funded No critical needs funded No critical needs funded No critical needs funded No critical needs funded No critical needs funded No critical needs funded No critical needs funded No critical needs funded Page 22 of 22 MILL LEVY OVERRIDE-Ballot Title and Text of Ballot Issue: "SHALL JEFFERSON COUNTY SCHOOL DlSTRICT R-1 'S TAXES BE INCREASED $39 MILLION ANNUALLY BY THE COLLECTION OF AD VALOREM PROPERTY TAXES FOR THE 2012-2013 BUDGET YEAR AND EACH BUDGET YEAR THEREAFTER FOR DEPOSIT IN THE DISTRICT'S GENERAL FUND FOR THE EDUCATIONAL PURPOSES OF MAINTAINING THE DISTRICT'S TRADITIONS OF EXCELLENCE, GREAT TEACHERS AND GREAT LEADERS , INCLUDING , BUT NOT LIMITED TO: • MAINTAINING REASONABLE CLASS SIZES BY RECRUITING AND RETAINING HIGHLY QUALIFIED TEACHERS AND INSTRUCTIONAL STAFF ; • MAINTAINING CURRENT EDUCATIONAL PROGRAMS SUCH AS ELEMENTARY INSTRUMENTAL MUSIC , LIBRARIES , COUNSELING , TEACHER TRAINING , AND DISTRICT-WIDE TECHNOLOGY; • MAINTAINING HEAL THY AND SAFE LEARNING ENVIRONMENTS ; • CONTINUING THE DISTRICT'S COMMITMENT TO ACADEMIC EXCELLENCE AND ACCOUNTABILITY , AND TO MAINTAIN AN EDUCATIONAL PROGRAM OF THE HIGHEST QUALITY AND STANDARDS ; • PAYING THE INCREASED COSTS OF DISTRICT UTILITIES AND FUEL ; AND • REINSTATING INSTRUCTIONAL DAYS ; WITH SUCH TAXES TO BE IN EXCESS OF PROPERTY TAX REVENUES THAT WOULD BE PROVIDED BY THE GENERAL FUND MILL LEVY PERMITTED UNDER STATE LAW WITHOUT SUCH INCREASE AND, TOGETHER WITH REVENUES FROM SPECIFIC OWNERSHIP TAXES ATTRIBUTABLE THERETO AND THE EARNINGS ON SUCH TAXES AND REVENUES , TO CONSTITUTE A VOTER APPROVED REVENUE AND SPENDING CHANGE UNDER, TO BE COLLECTED AND SPENT EACH YEAR WITHOUT LIMITATION BY THE REVENUE AND SPENDING LIMITS OF , AND WITHOUT AFFECTING THE DISTRICT'S ABILJTY TO COLLECT AND SPEND OTHER REVENUES OR FUNDS UNDER, ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW?" BOND-Ballot Title and Text of Ballot Issue: "SHALL JEFFERSON COUNTY SCHOOL DlSTRJCT R-1 'S DEBT BE INCREASED $99 MILLION WITH A MAXIMUM REPAYMENT COST OF $195 MILLION OR SUCH LESSER AMOUNT AS MAY BE NECESSARY, AND SHALL JEFFERSON COUNTY SCHOOL DISTRJCT R-1 'S TAXES BE INCREASED $19.8 MILLION ANNUALLY OR SUCH LESSER AMOUNT AS MAY BE NECESSARY FOR THE PAYMENT OF SUCH DEBT, ALL FOR THE FOLLOWING PURPOSES: • INSTALLING , REPAIRING AND IMPROVING HEATING , VENTILATION AND AIR CONDITIONING SYSTEMS AND MECHANICAL CONTROLS , WITH A FOCUS ON ENERGY EFFICIENCY , IN DISTRICT BUILDINGS ; • RESTORING DISTRICT BUILDINGS BY REPLACING , REPAIRING AND INSTALLING ROOFS , WINDOWS AND DOORS AND MAKING BUILDING EXTERIOR IMPROVEMENTS ; • INSTALLING FIRE ALARM SYSTEM REPLACEMENTS AND UPGRADES IN DISTRICT BUILDINGS ; • REPLACING AND UPGRADING BUILDING SAFETY AND SECURITY SYSTEMS ; • REPLACING AND UPGRADING THE ELECTRICAL INFRASTRUCTURE IN DISTRICT BUILDINGS ; • MAKING PAVING AND CONCRETE REPAIRS DISTRICT-WIDE; AND OTHERWISE EQUIPPING , IMPROVING , REPAIRING AND FURNISHING DISTRICT BUILDINGS , FACILITIES AND GROUNDS AND CHARTER SCHOOLS AS PERMITTED BY LAW ; WITH SUCH DEBT TO BE IN THE FORM OF GENERAL OBLIGATION BONDS OR OTHER MUL TJPLE FISCAL YEAR FINANCIAL OBLIGATIONS THAT MAY BE USED AS MATCHING MONEYS FOR FINANCIAL ASSISTANCE FROM THE STATE UNDER THE BUILDING EXCELLENT SCHOOLS TODAY ACT; WHICH DEBT SHALL MATURE, BE SUBJECT TO REDEMPTION , WITH OR WITHOUT PREMIUM , AND BE ISSUED , DATED AND SOLD AT, ABOVE OR BELOW PAR, AND AT SUCH TIME OR TIMES AND IN SUCH MANNER AND CONTAINING SUCH TERMS , NOT INCONSISTENT HEREWITH , AS THE BOARD OF EDUCATION MAY DETERMINE ; AND IN CONNECTION THEREWITH (f) TO INCREASE AD VALOREM PROPERTY TAXES IN AN AMOUNT SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON SUCH DEBT AND TO FUND ANY RESERVES FOR THE PAYMENT THEREOF, AND (II) TO COLLECT AND SPEND THE PROCEEDS OF SUCH DEBT AND THE REVENUES FROM SUCH TAXES AND THE SPECIFIC OWNERSHIP TAXES ATTRIBUTABLE THERETO AND ANY EARNINGS FROM THE INVESTMENT OF SUCH PROCEEDS AND REVENUES WITHOUT LIMITATION BY THE REVENUE AND SPENDING LIMITATIONS OF, AND WITHOUT AFFECTING THE DISTRICT'S ABILITY TO COLLECT AND SPEND ANY OTHER REVENUES OR FUNDS UNDER , ARTICLE X , SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAWT .._ \ A .t' ... ~ r City of • '"rP!'Wheat&.__dge ~OFFICE OF THE CnY MANAGER TO: FROM: DATE: SUBJECT: Memorandum Mayor and City Council Patrick Goff, City Manager~ Tim Paranto, Public Works Director July 16, 2012 Closure of City Parking Lot for 381h Ave Events Jfet11-3a . Section 15.9 ofthe City Charter allows the City Council to grant a permit at any time for the temporary use or occupation of any street, alley, or city-owned place, provided such permit shall be revocable by the council at its pleasure, regardless of whether or not such right to revoke be expressly reserved in such permit. Mark Eskow and Justin Vogel, owners of Right Coast Pizza at 7100 W . 38th Ave, have requested a permit to use the city-owned parking lot adjacent to their business for four special events during the summer of 2012. The parking lot would be closed to all vehicles and will serve as an extension of the restaurant/bar during these events. The following events have been scheduled: • Saturday, August 11 , September 8 , and September 22: o "Movie in the Park-ing Lot" • Saturday, August 25 (Carnation Festival weekend) o Right Coast Pizza Grand Opening and Beer Festival Staffhas encouraged Mark and Justin to work with the 38th Avenue Leadership Committee to determine if their events could be coordinated with a larger 38th Avenue business event. Should the City Council desire to consider the request, Staff will prepare the Right-of-Way Use Permit for consideration at the July 23 , 2012 City Council meeting. Proposal to: Proposed by: Date: Purpose: Use Permit Proposal for the Parking Lot at 38th Ave and High Ct. City of Wheat Ridge, Tim Paranto Right Coast Pizza, Mark Eskow and Justin Vogel June 27, 2012 This letter serves as a formal application to use the city-owned parking lot west of the building at 38th and High Ct. owned by Right Coast Pizza for special events during the summer of 2012. The parking lot will serve as an extension of the restaurant/ bar during these events and security will be managed by Right Coast Pizza event staff. Security: • Each event will consist of creating a fenced off walkway from the front door to the parking lot. • Fences will be installed between the Right Coast Pizza building and the shoe store building and also blocking off the alleyway. The perimeter of the parking lot will be supervised by event staff during the entirety of the event. • All customers are welcome to attend these free events. • For those participants who are over 21, they will be age-verified and will be given a bracelet if they are legal to consume alcohol. • Those staffing the event will monitor outside areas to make sure only those with bracelets are consuming alcohol and that the perimeter of the parking lot and sidewalk are secure and that no one is passing drinks. Insurance: • Right Coast Pizza will secure special event insurance for all events scheduled in the parking lot area. They will also secure a special event liquor license permit for each of the events. Event Types: • Movie in the "Park-ing Lot"-These events will be run by installing a screen on the west side of the Right Coast Pizza building and projecting a family friendly movie . These events will begin before sunset so participants can come with their chairs and blankets. The movie will start at sunset and Right Coast staff will control the volume level so not to disturb the nearby residences. They will follow all of the above security guidelines above. Anticipated Parking Lot Closure: The parking lot will be closed at 6:30/7:00 PM to allow for the security parameters to be set up. The parking lot will remain closed until11:00 PM at the latest. Dates Requested: August 11, September 8 and September 22"d (weather permitting) • Right Coast Pizza Grand Opening and Beer Festival-This event will be the official grand opening of the restaurant and bar. Tents will be set up in the parking lot and staffed by local Colorado breweries who are suppliers for Right Coast Pizza. This event will also include a live band that will also be stationed in the parking lot. The event will be a late afternoon and evening event, but again will be conscious about quite evening hours as to not disrupt the neighborhood residences. Whereas the same process for security will be followed as above, increased security and staff will be on hand due to the nature of this event and the larger attendance expectations. Anticipated Parking Lot Closure: The Parking lot will be closed at 12:00PM to allow for security perimeter to be set up and for the guest tents will have time to set up. The event will officially end between 10PM and 10:30, but due to clean -up and breakdown, the parking lot will remain closed untii12:00AM. Date Requested: August 25, 2012 Thank you for your consideration and continued partnership with local businesses in Wheat Ridge . We are very optimistic that these events will bring additional positive attention to the great community we are building together and will work closely with the city to ensure the events are safe and meet the requirements of the city. Sincerely Yours, Mark Eskow and Justin Vogel .... ~ '~ .... ~ r City of _ ~Wheat&__dge ~OMMUNJTY DEVElOPMENT TO: THROUGH: FROM: DATE: SUBJECT: Introduction Memorandum The Mayor and City Council Patrick Goff, City Manage~ Ken Johnstone, Community Development Director Sarah Showalter, Planner II July 9, 2012 (for July 16th Study Session) Revisions to Architectural and Site Design Manual In 2007 , the City adopted the Architectural and Site Design Manual (ASDM). The manual provides design standards and guidelines to ensure quality development in Wheat Ridge. It applies to commercial , industrial , multi-family, and mixed use development throughout the City. It has been almost five years since the manual was created and staffhas prepared a series of revisions that will address the following issues: • Clearly establish the manual 's applicability and the review process required to ensure compliance with the manual • Update architectural standards based on lessons learned from actual projects and to more closely align with the mixed use zoning requirements • Create separate design standards for industrial buildings, which are currently grouped with commercial buildings • Update the formatting and organization of the manual to make it more user-friendly • Update the architectural overlay map The ASDM may be amended administratively but staff would like to present the proposed changes to City Council for review . A final version of the manual , with all changes highlighted in yellow , is attached for your review. Background The Architectural and Site Design Manual (ASDM) applies to site and building design on private property for commercial , industrial , multi-family, and mixed use development throughout the City. The ASDM is intended for use in conjunction with a property's underlying zoning. It does not apply to single-and two-family homes , properties with mixed use zoning (which has its own design standards), or properties with agricultural zoning. Since the ASDM was adopted in 2007 , staffhas had the opportunity to apply it to a range of proposed and actual developments in the City. This, along with feedback from applicants , has ASDM Study Session Memo July 16,2012 Page2 revealed some potential areas for improvement, including updated architectural standards, separate design guidelines for industrial buildings, and clearer organization. Staff presented a list of proposed revisions to the manual to City Council in January, 2012. The changes in the attached manual , which is presented for final review, are consistent with the list of changes proposed in January. The final draft incorporates feedback from the Planning Commission, who held a study session on May 3 to review the manual, as well as input on the new standards for heavy-commercial/light-industrial buildings from two architects who have years of experience designing those types of buildings. Overview of Proposed Revisions A draft of the revised manual is attached for your review. Although the manual has been reorganized and "spruced up," most of the actual content is the same. Any new or changed content is highlighted in yellow in the attached document. Most substantive changes are explained with footnotes , which will be removed for the final version. You may also refer to the 2007 manual (please notify staff if you need another copy) to compare the proposed new manual against the older version. A brief summary of the most notable changes from the 2007 manual follows. Overall Manual • Reorganized and reformatted to present information in a clearer method with less prose and more tables/bulleted lists • Reorgaruzed into five chapters with a chapter for definitions at the end • Replaced graphics with photos that illustrate examples of the type of design that the manual encourages Chapter 1 -Introduction • Added a section called How to Use This Manual and added flowcharts to more clearly demonstrate how the manual is used by an applicant • Clarified the applicability of the manual Chapter 2 -Overlay Areas • Updated the overlay map to include some properties on major commercial corridors that previously were not included Chapter 3 -Site Design • Consolidated all standards and guidelines for site design into one chapter • Added tables, graphics, and images to illustrate site design concepts Chapter 4 -Building Design • Consolidated all standards and guidelines for architecture into one chapter • Created three separate categories for building design: (1) Commercial/Retail/Mixed Use, 2 ASDM Study Session Memo July 16, 2012 Page 3 (2) Heavy Commercial/Light Industrial ; and (3) Multifamily Residential • Updated some architectural standards (such as transparency requirements for the ground floor) based on lessons learned and test cases Chapter 5 -Signage • Added images and reorganized content Chapter 6 -Definitions • Added some definitions and some images Requested Action The ASDM is administered by staff and Section 26-224 of the zoning code gives the Community Development Director the authority to amend the manual at any time. Staff is including both Planning Commission and City Council in the update to the manual , but no formal action by either body is necessary since the manual may be administratively amended. City Council will have the ability to give any final feedback on the manual at the July 16 Study Session, after which staff will formally publish the new manual in print and on the City 's website. Attachments: 1. Proposed new Architectural and Site Design Manual 3 City of Wheat Ridge Architectural and Site Design Manual Draft for City Council Approval July 16, 2012 ~~· ... .... " City of ?Wlieat~e Attachment 1 City of Wheat Ridge Architectural and Site Design Manual Adopted June 2007 -Acknowledgements Wheat Ridge City Council MAYOR Jerry DiTullio DISTRICT I Karen Berry Terry Womble DISTRICT II Dean Gokey Wanda Sang City of Wheat Ridge Staff Randy Young, City Manager COMMUNITY DEVELOPMENT DEPARTMENT Alan White, Director Sally Payne , Senior Planner Meredith Reckert, Senior Planner Travis Crane, Planner II Adam Tietz , Planner I DISTRICT Ill Karen Adams Mike Stites DISTRICT IV Lena Rotola Larry Schulz PUBLIC WORKS DEPARTMENT Tim Paranto, Director Adopted __ 2012 -Acknowledgements Wheat Ridge City Council MAYOR Jerry DiTullio DISTRICT I DISTRICT II DISTRICT Ill Davis Reinhart Joyce Jay Mike Stites William "Bud" Starker Kristi Davis George Pond Wheat Ridge Planning Commission DISTRICT I DISTRICT II DISTRICT Ill Anne Brinkman Alan Bucknam, Chair Steve Timms Scott Ohm City of Wheat Ridge Staff Patrick Goff, City Manager COMMUNITY DEVELOPMENT DEPARTMENT Kenneth Johnstone, Director Sally Payne, Senior Planner Meredith Reckert, Senior Planner Sarah Showalter, Planner II Lauren Mikulak, Planner I Richard Matthews Amanda Weaver DISTRICT IV Joseph De Mott Tracy Langworthy DISTRICT IV Tracy Guildner Monica Duran PUBLIC WORKS DEPARTMENT Tim Paranto, Director The Architectural and Site Design Manual is formally amended by the Community Development Department by the authority granted in Section 26-224 of the Wheat Ridge Code of Laws. DRAFT July 20 12 Wheat Ridge Architectural and Site Design Manual ii TABLE OF CONTENTS CHAPTER 1 -INTRODUCTION 1.1 Historical Context..................................... 1 1.2 Purposes of the ASDM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.3 Goals of the ASDM.................................... 3 1.4 ASDM Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.5 Applicability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1.6 How to Use This Manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1. 7 Review Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1.8 Varying from the Requ i rements . . . . . . . . . . . . . . . . . . . . . . . . . 8 CHAPTER 2 -OVERLAY AREAS 2.1 Traditional Overlay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2.2 Contemporary Overlay ................................. 9 2.3 Suburban Overlay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2.4 Inclusion i n an Overlay Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 CHAPTER 3 -SITE DESIGN 3.1 Pedestrian Connectivity ................................ 11 3.2 Building Entrance Placement . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 3.3 Building Placement: Build-To Areas ...................... 12 3.4 Parking Placement .................................... 14 3.5 Shared and On-Street Parking .......................... 14 3.6 Parking Lot Design .................................... 14 3. 7 Screening, Buffers , and Transitions ....................... 15 3. 7 Open Space Design .................................... 16 CHAPTER 4 -BUILDING DESIGN 4 .1 Commercial/Retail and Mixed -Use ....................... 19 4.2 Heavy Commercial/Light Industrial. ...................... 24 4.3 Multifamily Residential ................................ 27 CHAPTER 5 -SIGNAGE 5.1 Wall Signs ........................................... 31 5.2 Freestanding and Monument Signs ...................... 31 5.3 Sign Lighting ......................................... 32 CHAPTER 6 -DEFINITIONS ............................ 33 Wheat Ridge Architectural and Site Design Manual DRAFT COUNCIL APPROVAL July 2012 CHAPTER 1 -INTRODUCTION The Architectural and Site Design Manual (ASDM) for the City of Wheat Ridge establishes a clear blueprint for site development and architectural standards for commercial , industrial , mixed-use and multifamily structures . The Manual contains principles, standards, and guidelines which will provide consistent yet flexible design guidelines for the City of Wheat Ridge . 1.1 Historical Context Wheat Ridge had its origins in the silver and gold rush days of Colorado in the late 1800's. Miners traveled back and forth between Golden, Black Hawk and Central City through what is now the City of Wheat Ridge to Denver. Eventually, farmers settled Wheat Ridge and the routes between Denver and points west became established as the main thoroughfares we know today. Wheat Ridge became an incorporated City in 1969. Wheat Ridge, like many satellite suburban communities, does not have an historical main street or town center. Residential development radiated out from Denver and the commercial activity developed along the main thoroughfares . Today these thoroughfares remain as Wheat Ridge's main commercial corridors : W. 38th Avenue, W. 44th Avenue , Sheridan Boulevard, Wadsworth Boulevard, Kipling Street and Youngfield Street . The City 's suburban development pattern has created a diverse and eclectic character in the community. On the east side of Wheat Ridge development followed the traditional Denver urban grid pattern. The development pattern east of Wadsworth Boulevard is more dense and compact and the structures are older. As development moved west of Wadsworth, the pattern became more suburban with curved streets, cui -de-sacs and lower-density development. Farther to the west, agricultural uses and a rural setting and density remain . Historically, many of the commercial corridors were pleasant , tree- lined country lanes with smaller scale neighborhood-oriented retail shops . The proliferation of automobile travel as the main mode of transportation was at odds with creating pedestrian-friendly and pedestrian oriented developments. The suburban development pattern moved buildings from the street edge and placed large parking lots between the building and street. What were once small -scale buildings w ith intimate settings are now disorganized streetscapes dominated by parking lots, over-scaled signs and under-utilized or non-existent sidewalks . Wheat Ridge's commercial corridors provide many benefits to the Chapter J -Introduction The Wheat Ridge flaat in a 1914 parade along an early Denver streetscape. Wheat Ridge 's first post office, now preserved in the Wheat Ridge Historical Park. DRAFT -COUNCIL APPROVAL July 2 012 Wheat Ridge Architectural and Site Design Manual Chapter 7 -Introduction The Architectural and Site Design Manual (ASDM} is intended to promote quality new development, especially along major commercial corridors such as 38th Avenue, shown above . City and surrounding neighborhoods . These corridors serve as gateways into the City and establish the image of the City. They provide service, shopping, dining, cultural and entertainment opportunities for residents of the adjacent neighborhood, the city and the region . Business activity along these corridors provides a significant tax base for the City. Through thoughtful design, the corridors can connect the residential neighborhoods and add to a sense of community pride . 1.2 Purposes of the ASDM Much of the City 's current zoning code is focused on "greenfield" development -development of open, undeveloped land. The size of properties and proximity ofthe commercial corridors to residential neighborhoods in Wheat Ridge, a City that has little undeveloped land left, is not conducive to greenfield development. Today, the major development opportunities in Wheat Ridge 's commercial areas are redevelopment-oriented, making many aspects of the current zoning regulations difficult to apply. The purpose of the Architectural and Site Design Manual (ASDM} is to provide effective design and planning guidance for the design and physical appearance of Wheat Ridge 's commercial, industrial, mixed-use, and multi-family residential buildings and sites. If this purpose is fulfilled, Wheat Ridge 's commercial corridors will become more attractive and successful and Wheat Ridge will become a more desirable, livable city for residents, businesses and visitors . Quality design and planning will provide a positive image, vibrant environment, and increased revenue to the City. The manual is intended to: • Bring about greater consistency and predictability in the City 's design review process • Build upon the rules and regulations of Chapter 26 Zoning and Development of the Wheat Ridge Code of Laws • Implement the directions outlined in the City 's Neighborhood Revitalization Strategy and Comprehensive Plan, Envision Wheat Ridge. The ASDM is not intended to preclude an individual planner or architect's creativity. This manual presents important, but general, design concepts. It is intended to address site and architectural design; two aspects of development which are largely ignored in the City's traditional zone districts. The City has adopted several subarea plans which address future development for a particular area of the City. These subareas are unique in character, and present different development and redevelopment opportunities. Subarea plans may suggest or 2 Wheat Ridge Architectural and Site Design Manual DRAFT -COUNCIL APPROVAL July 2012 recommend specific design themes or inclusion of an area into one of the overlay districts shown on Figure 2-1. The requirements of this manual may be modified in specific areas of the City through additional overlay zones. 1.3 Goals of the ASDM 1 This manual is intended to encourage: 1. Creative site and building design that creates unique and sustainable places. 2. Site and building design that balances traffic needs with those of pedestrians and adjacent land uses. 3. Buildings and landscaping that contribute to the physical definition of streets and sidewalks as civic places . 4. Building design that acknowledges that uses within buildings may change over time, while the form of the building and its relationship to the street is more enduring. Therefore the placement, form and design of buildings are integral and important aspects of regulating community development. 5. New buildings that relate to any positive established character of adjacent existing buildings and streetscape design elements. 6. Building and site design that creates a consistent edge to the street and sidewalk, thereby encouraging pedestrian activity. 7. Pedestrian-friendly site and building design and convenient pedestrian access from the public right-of-way to each business . 8. Buildings with visual interest and human scale through the use of architectural elements such as mass, bulk, height, entry features, articulation and fenestration of facades, materials, texture, detail, and color. 1 .4 ASDM Contents2 In addition to this introductory chapter, the ASOM includes the following: • Chapter 2 -Overlay Areas. Some design standards apply to certain areas of City based on inclusion in a design overlay. Chapter 2 establishes three design overlay districts. • Chapter 3 -Site Design. Site design includes consideration of building orientation, parking layout, open space design, and screening. Many of the site design requirements in Chapter 3 are determined by the property's overlay district. • Chapter 4 -Building Design. Building design includes materials, facade design, transparency, and screening. Chapter 4 provides guidance on building design based on the building's type, or use. • Chapter 5-Sign Design. Sign regulations are established in the zoning code but Chapter 5 provides supplementary --- The wording of the goals has been slightly revised but the content is the same as the 2007 manual. 2 This section is new. Chapter 1 -Introduction The Architectural and Site Design Manual (ASDM) encourages quality architecture and site design that creates a pedestrian-friendly environment. DRAFT -COUNCIL APPROVAL July 20 12 Wheat Ridge Architectural and Site Design Manual 3 Chapter 1 -Introduction Desig n Pri ncipl es : establish design goals that the standards and guidelines are created to achieve. Design Standards : give specific direction for fu lfilling a design princi ple. Compliance is required . Design Guidelines : suggest additional measures for fulfilling the design principle. Compliance is encouraged . guidance for freestanding signs, walls signs, and sign lighting. • Chapter 6-Definitions. Terms that are used throughout the ASDM are defined in Chapter 6. Chapters 3 through 5 contain three levels of guidance: Design Principles: the principles establish design goals that the standards and guidelines are created to achieve. Compliance with design principles must be achieved to gain approval of the site and building design. Design Standards: typically indicated by "shall," design standards give specific direction for fulfilling a design principle and they require compliance. Design Guidelines: typically indicated by "may," design guidelines suggest additional measures for fulfilling the design principle. The guidelines are not required but are highly recommended. This manual contains photographs and illustrations which should provide direction and clarity. Where the text in the manual and graphics conflict, the text shall control. 1.5 Applicability3 This design manual applies to building and site design on private property throughout the City. Specifically, there are three factors that determine the applicability of the ASDM: project type, building use or type, and design overlay district. Project Type The ASDM applies to the following three types of projects: • New buildings • Major additions • Facade improvements A major addition is defined as development or redevelopment that increases existing building square footage by 50% or more. In the case of major additions, the manual shall apply where practical. For example, it may not be feasible to meet the build-to requirements if the existing building is setback from the front property line. For facade improvements and additions to an existing building, the manual shall apply where practical. For example, it may not be possible to meet all requirements for facade articulation or ground floor transparency given the existing facade design. 3 The Applicability section has been updated for more clarity. The only new content is that facade improvements are now clearly subject to the manual , where practical. 4 Wheat Ridge Architectural and Si te Design Manual DRAFT -COUNCIL APPROVAL July 201 2 Overlay Distri ct Some of the site design requirements in Chapter 3 apply based on the location of property within one of three design overlay areas: • Traditional • Contemporary • Suburban The overlay areas recognize that the character of the built environment varies throughout the City. Descriptions of the three overlays are provided in Chapter 2. Building Type Build i ng design requirements in Chapter 4 apply based on the use or type of the building. For simplicity, this manual organizes architectural requirements into three categories of building type: • Commercial/Retail and Mixed Use • Heavy Commercial/Light Industrial • Multifamily Residential Definitions of Building Types : Commercial/Retail: buildings that house commercial or retail uses such as office, restaurants, or any type of retail. Mixed-Use: buildings that combine commercial/retail and residential uses. Heavy Commercial/Light Industrial: buildings that house uses such as car or truck repair, warehousing, mini-storage, or flex/office space . Multifamily Residential: buildings with three or more residential units. Cases Where the Manual Does Not Apply The manual specifically does not apply to the following: • Single -and two-family homes, • Property in a mixed use zone district, • Property i n an agricultural zone district, and • Property in a planned development zone district for which the planned development contains standards which explicitly supersede this manual. Relationship to Zoning The manual is intended to work in concert with a property's underlying zoning . Where there is conflict between the zoning regulations and th is manual, this manual shall take precedence. For example, if the property is in an overlay that requires a build - to zone close to the front property line but the underlying zoning requires a large front setback, the build -to in this manual shall apply. Chapter 1 -Introduction ASDM Applicabi l ity This manual applies to the following project types: .; New buildings .; Major additions .; Facade improvements This manual does not apply to the following: x Single-and two-family homes, x Property in a mixed use zone district, x Property in an agricultura l zone district, and x Property in a planned development zone district for which the planned development contains standards which exp l icitly supersede this manual. DRAFT -COUNCIL APPROVAL July 20 12 Wheat Ridge Architectural and Site Design Manual 5 Chapter 1 -Introduction How To Use This Manual Figure 1.1-How to Use the Architectural and Site Design Manual {ASDM). Streetscape Improvements The ASDM only applies to building and site design on private property. For streetscape improvements that may be required in the right-of-way adjacent to your property, please see the Wheat Ridge Streetscape Design Manual, available on the City's website and in hard copy at the Community Development Department. 1.6 How to Use thi s Manual4 To use this manual, you will need to: 1. Determine Applicability -Does this Manual Apply? The manual applies to the following project types: • New buildings • Major additions • Facade improvements Please refer to Section 1.5 above for the list of cases in which the manual does not apply (such as single-and two-family homes and properties with agricultural or mixed-use zoning). 2. Determine the Overlay Area-What is my Overlay Area? Refer to Chapter 2 and the Overlay Map {Figure 2.1) to determine which overlay area applies: • Traditional • Contemporary • Suburban 3. Determine Applicable Site Design Requirements Chapter 3, Site Design, applies to new buildings and major additions. It does not apply to facade improvements. Most requirements in the site design chapter will depend on your project's overlay area. 4. Determine Applicable Building Design Requirements Chapter 4, Building Design, applies to each of the three project types -new buildings, major additions, and facade improvements. Requirements will depend on the building type: • Commercial/Retail and Mixed-Use • Heavy Commercial/Light Industrial • Multifamily Residential 5. Determine Applicable Sign Design Requirements Chapter 5, Signage, applies to new signs that are part of any project type -new buildings, major additions, or facade improvements -for all building types except multifamily. 1.7 Review Procedure In order to ensure compliance with this manual, all applications will follow the below review procedure. 4 This sect ion is new. 6 Wheat Ridge Architectural and Site Design Manual DRAFT -COUNCIL APPROVAL July 2012 A. Pre -Application Meeting A pre-application meeting with the City's development review staff will be required for all proposed development other than single-or two-family residential homes. At the pre-application meeting, staff will provide assistance to the applicant and clarify the principles , goals, standards, and guidelines from the ASDM that are relevant to their project. If staff determines that major adjustments to the concept design are needed, a follow-up pre-application meeting may be required . Staff will provide a written record of the pre-application meeting and provide it to the applicant(s) or agent of the applicant(s). The meeting and written record will include guidance as to which subsequent submittals, such as Site Plan Review, Land Use Applications , and Building Permit Applications are required. The following items must be submitted to City staff prior to the pre - application meeting: 1. Generallnformation : • Project title and location ; • Written request and description of project; • Date of submittal; • Contact information for applicant(s) and consultants . 2. Site plan: • To -scale drawing of existing and proposed conditions; • Location of required setbacks for buildings and parking; • Location of all driveways , parking areas, and pedestrian walkways; • Location (footprint) for all proposed structure(s) with entrances identified ; • Location and type of outdoor storage and/or trash disposal facilities ; • Location and dimensions of all signs including setback dimensions; • Location, size, and number of parking spaces to be provided , including handicapped spaces. 3. Concept architectural elevations : • Preliminary elevations of any proposed structure(s) or additions to existing structure(s) with notations as to the types of materials and colors; • Preliminary elevations of any accessory structures including trash enclosures . 4 . Concept landscape plan: • General location of trees, shrubs, groundcover, screen walls , fences , reta i ning walls or other site landscape features . 5. Any other information as determined at the pre-application meeting. Chapter 1 -Introduction Review Procedure Figure 1.2-Review Procedure. This diagram shows the Steps in the review procedure to ensure compliance with the Architectural and Site Design Manual (ASDM}. Depending on the project, additional steps and/or land- use applications, such as a subdivision or rezoning, may also be required. DRAFT -COUNCIL APPROVAL July 20 12 Wheat Ridge Architectural and Site Design Manual 7 Chapter J -Introduction B. Application Review5 At the pre-application meeting, staff will inform the applicant what application(s) will be required for the proposed development in order to ensure compliance with this manual. Most projects wit h new co nstru ction or major additions will be requi red to complete the Site Plan Review Process, which is outlined in Section 26 -111 of the Wheat Ridge Zoning Code. The Site Plan Review will ensure compliance with the ASDM and zoning prior to Building Permit application. Most f acade improvements and some additions will only be required to submit a Building Permit application and will not have to complete the Site Plan Review process . For either a site plan or building permit application, the applicant will be required to incl ud e a written narrative explaining, in general terms, how the pro posed project complies with the ASDM design principles and standards. 1.8 Varying from the Requirements The requirements listed in this manual shall not be completely waived . The requirements are structured in a manner to provide some latitude for site and building design . Only a few requirements are exact, such as the build -to requirements in the traditional and contemporary overlays . For these 'exact' regulations , and only these 'exact' regulations , the variance process in Section 26 -115 of the Wheat Ridge Code of Laws applies . A vari ance cannot be processed for anything specifically prohibited in this manua l. For instance, a requirement exists which prohibits parking between the building fac;ade and front property line in the traditional areas. This is not eligible for a variance . 5 Th is section spells out what we already requ ire of appl icants -no new requ irements are added . It is intended to clarify how the City checks fo r comp liance w ith the manua l. 8 Wheat Ridge Architectural and Site Design Manual DRAFT -COUNCIL APPROVAL July 20 12 CHAPTER 2 -OVERLAY AREAS 1 The City contains three overlay areas: traditional, contemporary, and suburban. Many of the design standards and guidelines in this manual will vary depending on the overlay. Please refer to the Overlay Map, Figure 2.1, to find the overlay area that applies to your property. 2 .1 Traditional Overlay The traditional overlay applies to those portions of the City where a vibrant, walkable environment is most important. Traditional areas are envisioned to have an attractive, pedestrian-friendly environment. This overlay has the strictest build-to requirements to encourage a consistent street edge where buildings line the sidewalk and parking areas are located behind or beside the building. 2.2 Contemporary Overlay The contemporary overlay applies on commercial corridors where a walkable environment is desired but where greater flexibility for the placement of buildings and parking lots is sensible. It promotes site design that makes buildings visible from the street but utilizes a greater build-to range than the traditional overlay. 2.3 Suburban Overlay The suburban overlay applies everywhere that the traditional and contemporary overlays do not. In these areas, buildings must meet the required front setback pursuant to the property's zoning in the Wheat Ridge Code of Laws. If redevelopment of a commercial, industrial, mixed-use, or multi-family property occurs within the suburban overlay, the owner may request to be included within either the traditional or contemporary overlay and comply with the build-to requirement for that overlay. If the property does not meet the requirements for inclusion into one of the overlay areas and the front setback required by the zoning cannot be met, the applicant may request a variance pursuant to Section 26-115 of the Code of Laws. 2.4 Inclusion in an Overlay Area Properties are shown in a particular overlay area (traditional, contemporary or suburban) in Figure 2.1. Where a property owner wishes to apply the standards of a different overlay, a written request must be submitted to the Director of Community Development. Additionally, the Director can, at his or her sole discretion, include This chapter at the very end of the 2007 manual. It has been moved to the front and reformatted for clarity. Build-to requirements associated with the overlays have been relocated to the site design standards in Chapter 3. Chapter 2 -Overlay Areas Traditional Overlay Example. This image shows the pedestrian-friendly streetscape, with buildings placed close to the street, that is encouraged within the Traditional Overlay. Contemporary Overlay Example. This image shows an example of a large-scale retailer where the building is placed close to the street with parking to the side, which is encouraged in the Contemporary Overlay. DRAFT -C OUNCIL APPRO VAL July 2 01 2 Wheat Ridge Architectural and Site Design Manual 9 Chapter 2-Overlay Areas a property in an overlay area . A property can be included into an overlay area based upon adjacency to other areas , recent development trends or recommendations in an adopted subarea plan. The Director also has the ability to interpret the overlay area map (Figure 2.1) which identifies the separate overlay areas. 10 Wheat Ridge Architectural and Site Design Manual DRAFT -COUNCIL APPROVAL July 20 12 .__ ·~ I c & .. ~ .... ". i J , I I ---1 Il{? ~ Contemporary Overlay Area 1m Traditional Overlay Area ,.......... . ' = i C1ty of Wheat Ridge Boundary ........ , Suburban Overlay Area (applres everywhere that the Tradit•onal a nd Contemporary Overlays do not) Figure 2.1 -Overlay Map r.,. ~ )w· ~I I 0 CHAPTER 3 -SITE DESIGN This Chapter contains design principles, standards, and guidelines that pertain to site design . Standards or guidelines that apply to a particular overlay will note that overlay in bold (e.g . Traditional Overlay). All other design standards and guidelines shall apply in all overlay areas . Please refer to the Overlay Map, Figure 2.1, for the overlay that applies to your property. 3.1 Pedestrian Connectivity Sites should be designed to accommodate a safe and convenient system of travel for pedestrians. This includes connections within the site as well as to adjacent streets. For requirements related to sidewalks, streetscaping, and bicycle facilities on public streets please refer to the Wheat Ridge Streetscape Design Manual and the Wheat Ridge Bicycle and Pedestrian Master Plan. Design Principle: A connected , continuous pedestrian sidewalk system makes pedestrian activity more convenient and safe . Pedestrian travel should be incorporated into the design of each site with a network of walkways into, across, and through the site. Design Standards: 1. The streets, bikeways , paths and trails of adjacent neighborhoods shall be extended into the proposed development. 2. Continuous, wide pedestrian sidewalks shall connect to the main entries of all buildings to promote a safe , pleasant walking environment. Walkways shall connect the main entrance of each building to sidewalks on the street. 3. Pedestrian walkways shall be continued across driveways and drive aisles in parking lots. All pedestrian walkways shall be clearly defined and separated from parking areas. 4 . Pedestrian walkways shall be constructed to minimum indust ry standards. Design Guidelines: 5. Pedestrian walkways internal to the site are encouraged to be at least five feet in width. 6. Detailed accents such as brick, flagstone, scored or colored concrete are encouraged at main entrances of buildings to delineate and accentuate the pedestrian travel way into the building. 7. Where pedestrian walkways cross parking lots or drive aisles, enhanced paving, such as patterned concrete, is encouraged to provide for pedestrian safety. Chapter 3 -Site Design Chapter 3 Applicability Project Type ~ New buildings ~ Major additions x Facade improvements Overlay ~ Traditional ~ Contemporary ~ Suburban Building Type ~ Commercial/Retail/Mixed -Use ~ Heavy Commercial/Industrial ~ Multifamily x =:Chapter 3 does not dpply Pedestrian Connectivity. Pedestrian walkways are required to continue across drive aisles and driveways . DRAFT -COUNCIL APPROVAL July 2012 Wheat Ridge Architectural and Site Design Manual 11 Chapter 3 -Site Design Building Entry Placement. Building entrances oriented to the street create a pedestrian-friendly environment. 12' PRIMARY STREET FRONTAGE = 0-12 ' Bu ild-To Area [ :::! = Property Lines Figure 3.1 -Build-To For Traditional Overlay. At least 60% of the property's frontage on the primary street must contain a building within the required 0-12 foot build-to area . 3.2 Building Entrance Placement Design Principle: Building entrances should be oriented toward the street to create convenient pedestrian access and encourage an active, attractive streetscape. Design Standards: 1. Traditional Overlay1 : each building shall have at least one main public entrance that faces an adjacent street or public open space . For corner lots with more than one frontage, the entry may be oriented toward the corner. Design Guidelines: 2. Contemporary and Suburban Overlay: each building is encouraged to have at least one public entrance that faces an adjacent street or public open space . 3.3 Building Placement: Build -To Areas2 Design Principle: Buildings should be placed close to the street to promote an interesting and pedestrian -friendly street environment. Build -to areas establish a zone close to the front property line w ithin which a building should be located. The build-to requirements shall not preclude the ability to access parking to the side or rear of buildings. Design Standards: 1. Traditional Overlay: a 0-12 foot build -to area shall apply to 60% of the primary street frontage . This means that at least 60% of the property's frontage along the primary street must be occupied by buildings within the 0-12 foot build-to area (see Table 3.1 and Figure 3.1). -For sites with more than one building, the build - to requirement may be fulfilled by one building or multiple buildings . Not every building is required to be in the build -to area as long as at least one structure meets the build-to requirements . -For corner lots with more than one street frontage, the primary street frontage may be reduced to 50% if at least 25% the secondary street frontage is occupied by buildings within the 0-12 feet build-to zone (see Figure 3 .2). -Within the 60% primary street frontage where the build -to applies, any area between the building facade The 2007 manua l requires all buildings in all overlay areas to have an entrance that faces a street. Th is is modified to be a requirement in the trad it ional overlay only and a recommended gu ideline in the other overlay areas since many commercial properties prefer to have building entrances face a parking lot in back . 2 The content in th is section is not new but it has been re-worded and re-formatted for clarity. 12 Wheat Ridge Architectural and Site Design Manual DRAFT-COUNCIL APPROVAL July 2012 and the property line shall be reserved for pedestrian activity, outdoor seating, plazas, and/or landscaping. 2. Contemporary Overlay: a 0-20 foot build-to area shall apply to 40 % of the primary street frontage . This means that at least 40% of the property's frontage along the primary street must be occupied by buildings within the 0-20 foot build -to area (see Table 3.1 and Figure 3.3). -For sites with more than one building the build - to requirement may be fulfilled by one building or multiple buildings . Not every building is required to be in the build -to area as long as at least one structure meets the build -to requirements . 3. Suburban Overlay: there are no build -to requirements and buildings shall be placed according to the setbacks for the property's underlying zoning . The following table depicts build -to requirements depending on (a) the scope of the project and (b) the applicable overlay. Traditional Overlay Table 3.1· Build-To Requirements Does Build-to Apply? Yes Requirement: 0-12 feet for 60% of the primary street frontage (see Figure 3.1). Does Build-to Apply? Yes Requirement: 0-12 feet for 60% of the primary street (see Figure 3.1), where ractical. Does Build-to Apply? No Requirement: N/A Contemporary Does Build-to Does Build-to Does Build-to Overlay Apply? Yes Apply? Yes Apply? No ~----------+-----------r---------_, 0-20 feet for 0-20 feet 'for Requirement: 40% of the 40% of the N/A primary street primary street frontage (see (see Figure Figure 3.3). 3.3), where Suburban Does Build-to Does Build-to Does Build-to Overlay Apply? No, Apply? No, Apply? No, refer to zoning refer to zoning refer to zoning for required for required for required setbacks . setbacks. setbacks . Chapter 3 -Site Design = 0 -12' Build-To Area ~:::! = Property Lines Figure 3.2 -Build-To for Corner Lot in Traditional Overlay. For a corner lot, the primary street frontage within the build-to area may be reduced to 50% if at least 25 % of the secondary street frontage contains a building within the 0-12 foot build-to area. PRIMARY STREET FRONTAGE = 0-20' Build -To Area ~ = = =! = Property Lines Figure 3.3 -Build-To For Contemporary Overlay. At least 40% of the property's frontage on the primary street must contain a building wi thin the required 0-20 foot build-to area . DRAFT -COUNCIL APPROVAL July 2012 Wheat Ridge Architectural and Site Design Manual 13 Chapter 3 -Si te Design Park ing to side of bu ild ing Park ing beh ind bu il ding Figure 3.4 -Parking Lot Placement. Parking areas should be placed to the side or back of the building. Figure 3.5-Contemporary Overlay Parking and Drive Aisle Location. Within the Contemporary Overlay, vehicular areas are allowed between the building and the primary street within the 0-20 foot build-to area as long as all screening requirements are met. 3.4 Parking Placement Design Principle: Parking lots detract from the pedestrian environment and should be placed to minimize their view from the street. Design Standards: 1. Traditional Overlay: parking lots shall be placed to the side or rear of buildings . Within the minimum 60% build -to area along the primary street frontage, no parking area or drive aisle is permitted . The remaining 40% of the primary street frontage may have parking areas or drive aisles, subject to the screening requirements in Section 3.7. 2. Contemporary Overlay: parking areas and drive aisles are allowed within the 40% build-to area, between the building and the property line, subject to the screening requirements below in Section 3.7 (see Figure 3.5). Design Guidelines: 3. Parking lots should be arranged to maximize the connectivity and continuity of pedestrian walkways and minimize the distances pedestrians must travel between buildings . 4 . Wherever possible, parking lots, drive aisles, and drive -thru lanes should be placed behind buildings where they are not visible from the street 3.5 Shared and On-Street Parki ng Design Principle: Shared parking and on -street parking should be utilized to minimize the size and presence of on -site parking lots . Design Standards: 1. On -street parking on adjacent streets may count toward minimum required parking. On -street parking must be approved by Public Works . Design Guidelines: 2. Shared parking is encouraged , especially within the traditional overlay. Please refer to the shared parking regulations in Section 26-50l.C of the Code of Laws for shared parking allowances.3 When adjacent to a City-owned parking lot, required parking may be accommodated in that lot. 3.6 Pa rk i ng Lot Design Design Principle: Parking areas should allow for safe , convenient pedestrian travel for clients , residents, and/or guests . Design Standards: 1. Parking lots shall contain clearly defined pedestrian walkways, 3 The 2007 manua l had a separate sha red park ing matrix. Th is has been rep laced w ith a reference to the matrix in the zon ing code . 14 Wheat Ridge Architectural and Site Design Manual DRAFT-COUNCIL APPROVAL July 2012 differentiated by change in material and/or landscaping, to provide a safe means of travel by foot through the park ing area to the building(s) on site. 2. Parking access drives shall be consolidated to minimize curb cuts along the street. 3. Within the same development, parking lots shall be interconnected to allow users to circulate without re-entering the street. Design Guidelines: 4 . Parking areas should be well lit to provide security. 5. For residential uses, parking areas should be in safe, convenient locations for residents and guests. Carports and garages are encouraged for resident parking spaces . 6. Large parking lots should be divided into smaller segments and generously planted with shade trees . Landscaped islands should be used to delineate circulation for cars and pedestrians. 3.7 Sc reening, Buffers , and Transitions Design Principle : New development or redevelopment should minimize impact to surrounding properties. Parking lots and drive- thrus should be de-emphasized and screened from view. Design Standards: 1. Any parking lot, drive aisle, or drive-thru lane adjacent to a public street shall be screened with one or more of the following:4 - A minimum 5-foot 5 wide landscape buffer with grass or other acceptable groundcover and regularly-spaced trees and/or shrubs to soften the parking edge. - A vertical screening device, 30 to 42 inches in height (and in compliance with the sight triangle requirements in Chapter 26 of the Code of Laws). The screening device may be a continuous masonry wall constructed of stone , brick, or split-face concrete block, a combination pier and decorative iron railing, or any 4 The 2007 manual requires a 1 0-foot landscape buffer along all streets for all properties except those in the traditional overlay. This requirement has been removed in this draft since it is already established and clearly explained in the landscaping requirements in the zon ing code (Sec 26-502 .0 .3). There may be some properties in the contemporary overlay that don 't want to provide a 10 ' landscape strip and meet the bu ild - to instead. 5 The 2007 manual requires that park ing lots have a 10-foot wide landscape buffer and/o r screen wall . It appears the intent is for this to apply where abutting res ident ial only, though that is not clearly stated. The proposed changes are for a 5' wide landscape buffer and /or screen wall where abutting a street , and 6 '-10 ' buffer where abutting resident ial . Chapter 3 -Site Design Parking Lot Design. Parking lots must incorporate clearly defined pedestrian walkways, which should be differentiated by landscaping and/or change in material. Parking Lot and Drive Aisle Screening. A low screen wall, in combination with a landscape buffer, demonstrates appropriate screening of vehicular areas such as parking lots and drive - thru fanes . DRAFT -COUNCIL APPROVAL July 20 12 Wheat Ridge Architectural and Site Design Manual 15 Chapter 3-Site Design Open Space Design. High -quality materials and amen i ties create attractive and well-used plazas and parks. Open Space Design. Seating areas should be incorporated into site des ign . other decorative and durable screening device that is consistent with the materials of the main building.6 2. Where a parking lot abuts a property with a residential use, a minimum 10-foot wide landscape buffer is required between the parking lot and the adjacent property line. This width may be reduced to 5 feet if an opaque 6-foot fence or decorative wall is placed at the property line. In either case , the landscape buffer shall contain grass or other acceptable ground cover and trees and/or shrubs at a regular spacing . Design Guidelines: 3. The edges of commercial development should provide a safe, quiet, and visually pleasant transition to adjacent residential neighborhoods. Large buildings should be located adjacent to commercial corridors and transition to smaller buildings closer to residential , low-density neighborhoods . Landscape buffers and screen walls may help ease the transition between commercial and residential properties. 4. Buildings should be placed so as not to impact the supply of light to adjacent properties . Building height and scale should relate to neighboring properties . 3.7 Open Space Design Please refer to Section 26 -502 of the zoning code for minimum landscape requirements . The standards and guidelines listed below shall serve as additional requirements, beyond the minimum zoning requirements , to ensure quality des ign . Design Principle: Open space should feature high-quality amenities and encourage pedestrian activity. Design Standards: 1. Traditional Overlay: at least two of the following des ign elements shall be incorporated. 2. Contemporary Overlay: at least one of the following design elements shall be incorporated. Open space design elements: -Areas of Congregation: Plazas or courtyards that contain open eating areas, landscaping, and/or fountains . Where possible, buildings should be placed to enclose these spaces on three sides . These areas shall count toward the minimum required landscaped area established in Chapter 26 of the Code of Laws. -Pedestrian Amenities: pedestrian amenities such as seating areas, arcades, bike racks , benches and 6 Th is language is taken from the mixed use zoning code (Sec 26- 1107 .C). It is consistent with the landscape buffer requirements for park ing lots in Sec 26 -502 .E of the code but prov ides more detai l. 16 Wheat Ridge Architectural and Site Design Manual DRAFT -COUNCIL APPROVAL July 2012 seat walls should be placed on site, close to building entrances . -Exterior Art: exterior art may be in the form of sculptures, statues or fountains . Art should be located where it is visible form the public right-of-way. Only approved art objects may be placed in the public right- of-way. 3 . For multi-family residential properties, open space shall incorporate amenities for play or congregation. Acceptable amenities include play structures, picnic tables, benches, or sporting area/fields. 4 . Subject to approval of Community Development and Public Works staff, detention areas may be used as open space provided that they are designed to be usable and do not allow standing water. Design Guidelines: 5. All open spaces should be designed with quality hardscape and planting materials . Ornamental trees and other plantings tnat provide seasonal interest are encouraged . 6. Open spaces should be oriented to take advantage of views and sunlight and , where possible, should visually and physically connect to the adjacent sidewalk. Chapter 3 -Site Design Open Space Design. Art such as sculptures and fountains help to create quality open space. DRAFT-COUNCIL APPROVAL July 2012 Wheat Ridg e Arc hit ectu ral and Site Design Man u al 17 This page is intentionally left blank. 18 Wheat Ridge Architectural and Site Design Manual DRAFT -COUNCIL APPROVAL July 201 2 Chapter 4 -Building Design (Commercial/Retail /Mixed-Use) CHAPTER 4 -BUILDING DESIGN This Chapter contains design principles, standards, and guidelines that pertain to buildings design . The applicable design standards vary by the type of building. The following table outlines how to identify which standards apply to your project: Table 4.1 -Building Design Categories Use the type of building to locate the applicable building design requirements Building Type Commercial/Retail and Mixed -Use Heavy Commercial/ Light Industrial Multifamily Res idential Applicable Building Design Requirements Section 4 .1 Section 4.2 Section 4.3 Definitions of Building Types: 1. Commercial/Retail : buildings that house commercial or retail uses such as office, restaurants, or any type of retail. 2. Mixed -Use : buildings that combine commercial/retail and residential uses . 3. Heavy Commercial/Light Industrial: buildings that house uses such as car or truck repair, warehousing, mini-storage, or flex/ office space . 4 . Multifamily Residential: buildings with three or more residential units . 4.1 Commercial/Retail and Mixed-Use A. Facade Design Design Principle: Building design should contain significant interest, level of detail, and human scale . Where these elements are already present on adjacent buildings, architecture should be consistent with surrounding buildings. Design Standards: 1. Facade detail : All building facades visible from a street or public space shall provide a level of finished architectural quality and be designed to the human scale. Each facade that is visible from a street or public space shall incorporate at least three of the following elements : -Reveals -Belt courses -Cornices Chapter 4 Applicability Project Type o.~ New buildings o.~ Major additions o.~ Facade improvements Overlay o.~ Traditional o.~ Contemporary o.~ Suburban Building Type o.~ Commercial/Retail/Mixed -Use o.~ Heavy Commercial/Industrial o.~ Multifamily Commercial and Mixed-Use Facade Design. Example of a facade on a mixed-use building that utilizes articulation, changes in texture, and other details to create a quality, human-scaled design . DRAFT -COUNCIL APPROVAL July 20 12 Wheat Ridge Architectural and Site Design Manual 19 Chapter 4-Building Design (Commercial/Retail/Mixed-Use) Facade articulation. Offsets in the plane of building facade create visual interest. Facade variation. A large arch itectural feature (cupola ) creates variation in the facade and emphasizes the primary entrance. -Deep overhangs a minimum of 3 feet in depth -Expression of a structural or architectural repeating element of least one foot in depth -Recessed windows and/or storefronts -Color and/or texture differences -Articulation of windows and doorways, which may include sills , mullions, or pilasters that create a three- dimensional expression 2. Facade articulation : Each facade that faces a street or public space shall have at least one variation in plane depth, a minimum of one foot for every SO linear feet of the length of the facade. Non -permanent features such as canopies or awnings will not qualify as variation . Plane depth variation may be accomplished through elements such as : -Upper level stepbacks -Dormers -Recessed entries -Porticos -Recessed windows and/or storefronts -Offsets in the general plane of the facade including columns , pilasters , protruding bays , reveals , fins , ribs , balconies, cornices or eaves . 3. Primary entrance : The primary entry of each building shall be emphasized through at least two of the following: -Changes in wall plane or building massing -Differentiation in material and/or color -High e r level of detail -Enhanced lighting -Greater amount oftransparency 4. Facade variation: For facades longer than 200 feet, at least one major identifying feature shall be incorporated into the building design. This feature shall be one of the following or a similar architectural feature that creates visual interest: -Cupola -Rotunda -Spire -Dome -Clock Design Guidelines: 5. For buildings taller than one story or setback 20 feet or more from the street, changes in plane depth to achieve facade articulation should be greater than one foot . 6. The character of the facade and overall building design should relate to positive examples from the surrounding The 2007 manual requires a depth change of four feet. In look ing at actual projects , th is is restrict ive and has been reduced to match the m ixed use zon ing . 20 Wheat Ridge Architectural and Site Design Manual DRAFT-COUNCIL APPROVAL July 2012 Chapter 4 -Building Des ign (Commercial/Retail/Mixed -Use) neighborhood, including existing facades and rooflines. 7 . The form and character of an addition should relate to the form and character of the existing building. 8. Buildings that express a standardized corporate identity are discouraged. B. Materials Design Principle: Buildings should utilize high -quality, durable materials that create visual interest and g ive buildings a human scale. Design Standards: 1. Primary materials: buildings shall be constructed of durable materials. Approved materials include, but are not limited to: -Brick -Stone Integral colored textured concrete block Hard coat stucco Synthetic brick and masonry materials -Terra-cotta 2 . Secondary materials: the follow i ng materials are allowed in limited amounts: -Architectural metal panels may not exceed 40% of any facade. -Smooth -faced concrete masonry units (CMU) may not constitute more than 25% 2of any facade. Exterior insulating finishing system (EIFS) may be used as an accent material, not to exceed 25% of the facade, subject to the following restrictions:3 • EIFS must have a textured finish. • EIFS may not be utilized below the height of 8 feet on any building facade visible from a street or public space. • The allowable amount of EIFS may be consolidated on a facade(s) that does not face a street or public space provided that the total amount of EIFS, calculated cumulatively for the entire building, does not exceed 25%. 3 . Proh ibited materials: The following materials are not allowed: -Plywood paneling -Vinyl and aluminum siding -Un -articulated large format concrete panels -Exposed raw concrete -Solid metal roll -up doors 2 The 2007 manual li mits CMU to 20 %. It is proposed here as 25 % to match the lim it on EIFS below. 3 The language on EIFS is taken from the mixed use code . The 200 7 manual does not address EIFS . Materials. Durable materials such as stone or masonry should be utilized at the base of the building with secondary materials such as EIFS above. Materials. This commercial facade demonstrates the use of architectural metal as a secondary material. DRAFT-COUNCIL APPROVAL July 2012 Wheat Ridge Architectural and Site Design Manual 21 Chapter 4-Building Design (Commercial/Retail/Mixed-Use) Material variation. Changes in material and masonry patterns create a quality building facade . Transparency. Windows at the ground level create a pedestrian -friendly environment. 4 . Material variation: All building faca des visible from a street or public space shall have at least one change in materials for each 12 4 feet (and portion thereof) of wall height. A change in material must be at least one foot in height. Masonry patterns, such as headers or rowlocks, can count as a change of material. Windows, canopies, and doorways will not count as a change in material.5 5. Building additions: The materials used in an addition shall relate to the materials of the existing building. Design Guidelines: 6. Building materials should relate to positive examples from adjacent buildings. 7. Materials with the greatest durability, such as brick or stone, should be used on ground floor facades that face public streets and public spaces . C . Transparency Design Principle: Facades at the ground level should incorporate windows to create visual interest and enhance the pedestrian environment. Design Standards:6 1. Retail or restaurant uses : Where a retail or restaurant use occupies the ground floor, the facade facing the primary street shall be at least 60% transparent. All other facades facing a street or public space shall be at least 30 percent transparent . 2. All other non-residential uses (excluding retail/restaurant): The facade facing the primary street shall be at least 40% transparent. All other facades facing a street or public space shall be at least 25% transparent. 3. Residential uses: Where a residential use occupies the ground floor, windows shall be provided where appropriate to create visual interest, while also balancing the need for residents' privacy. 4. Transparency calculation for all uses: transparency shall be calculated as the percentage of clear, non-reflective glass within the area between 3 feet and 8 feeti above the first floor 4 The 2007 manual requires a change in material for every 10 feet in height. Th is is changed to 12 feet based on analys is of case studies . 5 The 2007 manual requires material change for all facades (here it is proposed as just those visible from the street) and says that the change must be at least 2 feet in height (here it is proposed as 1 foot). These changes align with the mixed use zoning . 6 The 2007 manual requires all commercial and mixed use buildings to have 60-85% transparency on all facades facing a "street or pedestrian way.· The transparency requirements have been changed to reflect different types and to allow more flexibility for the facades that are not facing the primary street. 7 The 2007 manual calculates transparency for the entire height of 22 Wheat Ridge Architectural and Site Design Manual DRAFT -COUNCIL APPROVAL July 2012 Chapter 4 -Building Design (Commercial/Retail/Mixed -Use) finished elevation. -Transparent doors and window mullions shall count as transparent area . -Structural elements and opaque or reflective glass shall not be counted as transparent area. -Glass display cases may count toward transparent area if they give the appearance of windows and are maintained with items of interest, including window display graphics that do not include advertisements . -For retail uses on corner lots, the minimum transparency required for the primary street facade may be transferred to the secondary street facade provided that the primary street transparency is not less than 30%. Design Guidelines: 5. Large areas of glass should be subdivided by mullions, joints, or similar scaling elements to provide a reasonable level of scale and detail. D. Sc reening -Loading, Service Areas, and Utilities Design Principle: Service, loading, and utility areas should be screened from view and minimize impact to surrounding properties . Design Standards: 1. All loading equipment and service areas shall be adequately screened and located towards the rear of the building. 2. Rooftop equipment shall be screened with a parapet wall or similar device that is at least as tall as the item being screened . The screening element may be shorter than the equipment only if the equipment is set back so that it is not visible from the street or adjacent residential properties (to be demonstrated by drawings by the applicant). 3. Trash enclosures shall be incorporated into the building design and be fully screened with full wall enclosures or wing walls that are consistent with the building 's materials. Trash enclosures shall not be located between the building facade and right-of-way. 4 . Screening elements and/or enclosures shall be composed of forms, materials, and colors that are consistent with the primary building. 5. All screening elements shall be at least as tall as the object (e .g. trash enclosure, loading dock, or utility structure) being screened . Design Guidelines: the f irst floor facade , wh ich is not typ ical and makes it d ifficu lt to meet the req uireme nts . Transparency. An example of how o large - format retailer con utilize windows and glass display areas to create an interesting facade along the street. Screen wall. An example of a wi ng wall used to screen a utility area on a commercial building. DRAFT -COUNCIL APPROVAL July 2012 Wheat Ridge Architectural and Site Design Manual 23 Chapter 4 -Building Design (Heavy Commercial/Light Industrial) Heavy commercial/light industrial facade design. This building, home to a truck repair shop, demonstrates how quality materials, changes in plane depth, and street-facing windows can create an attractive facade. Facade articulation. This mini-storage facility uses setbacks in the building facade and changes in texture and material to create quality design. 6. Where possible , exterior utility boxes and above -ground utility installations shall be located to the side or rear of buildings, and not visible from the street. 4.2 Heav Commerciallli ht lndustrial8 A. Facade Design The following requirements shall apply only to building facades that meet one of the following conditions: 1. The facade faces a public street and is within 0 to SO feet of that public street. 2. The facade is visible to adjacent residential properties. All other facades are encouraged to follow as many of the below standards and guidelines as possible . Design Principle: Buildings serving heavy commercial and light industrial uses should include variation and human-scaled components to prevent monotonous and two-dimensional des ign and to contribute to the character of the community. Design Standards: 1. Facade detail: Each facade shall incorporate at least three of the following elements : -Reveals -Belt courses -Cornices -Deep overhangs a minimum of 3 feet in depth -Expression of a structural or architectural repeating element of least one foot in depth -Recessed windows and/or storefronts -Color and/or texture differences -Articulation of windows and doorways, which may include sills , mullions, or pilasters that create a three- dimensional expression 1 . Facade articulation: Each facade shall have at least one variation in plane depth, a minimum of one foot in depth for every 100 linear feet of the length of the facade. Non - permanent features such as canopies or awn i ngs will not qualify as variation . Plane depth variation may be accomplished through elements such as : -Upper level stepbacks -Recessed entries -Recessed windows and/or storefronts -Offsets in the general plane of the facade including columns , pilasters, protruding bays , reveals , fins , ribs , balconies, cornices or eaves. 2. Primary entrance : The primary entry shall be emphasized 8 All of sect ion 4.2 is new. 24 Wheat Ridge Architectural and Site Design Manual DRAFT -COUNCIL APPROVAL July 2012 Chapter 4 -Building Design (Heavy Commerciai/Ught Industrial) through at least two of the following : -Changes i n wall plane or building massing -Differentiation in material and/or color -Higher level of detail -Enhanced lighting Design Guidelines: 3 . Overhead roll -up doors should be placed on facades that are not visible from the public street or visible from an adjacent residential property. B. Materials The following requirements shall apply only to building facades that meet one of the following conditions: 1. The facade faces a public street and is within 0 to SO feet of that public street. 2. The facade is visible to adjacent residential properties. All other facades are encouraged to follow as many of the below standards and guidelines as possible . Design Principle: Buildings should utilize high-quality, durable materials that provide variation and visual interest. Design Standards: 1. Primary materials: each facade shall contain at least 40% of one or more of the following materials: -Brick -Stone -Integral colored textured concrete block -Hard coat stucco -Synthetic brick and masonry materials -Terra-cotta 2 . Secondary materials: the following materials are allowed but may not exceed 60% of any facade : -Smooth-faced concrete masonry units (CMU) -Exterior insulating finishing system (EIFS) -Metal panels -Articulated concrete panels 3 . Proh ibited materials: The following materials are not allowed: -Plywood paneling -Vinyl and aluminum siding -Un-articulated large format concrete panels -Exposed raw concrete 4. Material variation : Each facade shall include at least three different materials. A change in color or texture may count as one material variation. Windows, canopies , and doorways will not count as a change in material. Materials. Light industrial buildings may use metal panels, up to 60% of the facade area, in combination with higher-quality materials such as masonry. Materials. Quality masonry creates an attractive facade for this office-warehouse building. DRAFT-COUNCIL APPROVAL July 20 12 Wheat Ridge Architectural and Site Design Manual 25 Chapter 4 -Building Design (Heavy Commercial/tight Industrial) Transparency. An example of windows that create transparency in the facade of a flex office- warehouse building. Screening. An example of a trash enclosure with materials that are consistent with the primary structure. Design Guidelines: 5. Building materials should relate to positive examples from adjacent buildings . C. Transparency The following requirements shall apply only to building facades that meet one of the following conditions: 1. The facade faces a public street and is within 0 to SO feet of that public street. 2. The facade is visible to adjacent residential properties. All other facades are encouraged to follow as many of the below standards and guidelines as possible. Design Principle: Facades at the ground level should incorporate windows to create visual interest. Design Standards: 1. Each facade shall be at least 15 percent transparent. 2. Transparency calculation : transparency shall be calculated as the percentage of clear, non-reflective glass within the ground floor facade . -Transparent doors and window mullions shall count as transparent area. -Structural elements and opaque or reflective glass shall not be counted as transparent area . D. Screeni ng -Loading, Service Areas, and Utilities Design Principle: Service, loading, and utility areas should be screened from view and minimize impact to surrounding properties. Design Standards: 1. All loading equipment and service areas shall be adequately screened and located towards the rear of the building. 2. Rooftop equipment shall be screened with a parapet wall or similar device that is at least as tall as the item being screened . The screening element may be shorter than the equipment only if the equipment is set back so that it is not visible from the street or adjacent residential properties (to be demonstrated by drawings by the applicant). 3. Trash enclosures shall be incorporated into the building design and be fully screened with full wall enclosures or wing walls that are consistent with the building's materials. Trash enclosures shall not be located between the building facade and right-of-way. 4. Screening elements and/or enclosures shall be composed of forms, materials, and colors that are consistent with the primary building. 5. All screening elements shall be at least as tall as the object 26 Wheat Ri d ge Architectural and Site Design Manual DRAFT-COUNCIL APPROVAL July 2012 Chapter 4 -Building Design (Multifamily Residential) (e.g . trash enclosure, loading dock, or utility structure) being screened . Design Guidelines: 6 . Where possible , exterior utility boxes and above -ground utility installations shall be located to the side or rear of buildings , and not visible from the street. 4.3 Multifamily Residential A. Facade Design Design Principle: Building design should contain significant interest, level of detail, and human scale. Where these elements are already present on adjacent buildings , architecture should be consistent with surrounding buildings. Design Standard s: 1. Facade detail: All building facades visible from a street or public space shall provide a level of finished architectural quality and be designed to the human scale . Each facade that is visible from a street or public space shall incorporate at least three of the following elements: -Reveals -Belt courses -Cornices -Expression of a structural or architectural bay -Color and/or texture differences -Articulation of windows, which may include sills , mullions, or pilasters that create a three -dimensional expression 2. Facade articulation: Each facade that faces a street or public space shall have at least one variation in plane depth, a minimum of one foot9 for every 50 linear feet of the length of the facade. Non -permanent features such as canopies or awnings will not qualify as variation. Plane depth variation may be accomplished through elements such as: -Upper level stepbacks -Dormers -Recessed entries -Porticos -Porches , patios or balconies -Offsets in the general plane of the facade including columns, pilasters, protruding bays , reveals, fins , ribs , balconies, cornices or eaves . 9 The 2007 manual does not requ ire a specific dimens ion for the plane depth change . One foot is proposed here so that th is standard is easier to enforce . Multifamily facade design. Bay windows, changes in material, and a cornice help to create a quality, human-scaled facade . Facade articulation. Changes in plane of the facade, balconies, and details such as cornices prevent monotonous design. DRAFT -COUNCIL APPROVAL July 2012 Whea t Ridge Architectura l and Site De si gn Manual 27 Chapter 4 -Building Design (Multifamily Residential) Facade articulation and building entries. This building utilizes changes in height, changes in material, and recessed entries to highlight unit entries and to create a quailty facade . Materials. Quality materials such as masonry should be used for multifamily buildings. 3. Primary entrance: The primary entry of each building shall be emphasized through at least two of the following: -Changes in wall plane or building massing -Differentiation in material and/or color -Higher level of detail -Enhancedl~hting 4. Multiple unit entrances: For buildings with multiple exterior entrances to multiple units, each unit's entrance shall be defined through at least one of the following variations: -Recessed entrance -Projecting entrance -Change in height -Change in material Des ign G uideli nes: 5. The character of the facade and overall building design should relate to positive examples from the surrounding neighborhood, including rooflines, architectural themes, and building character. 6. If the development contains more than one building, each structure should be unique in size, height, shape, and roofline to prevent standardized or formulaic design. 7. Wherever possible, garage doors should be placed so that they are not visible from the street. B. Materials Des ign Princip le: Buildings should utilize high -quality, durable materials that create visual interest and give buildings a human scale. Design Standards: 1. Primary materials: buildings shall be constructed of durable materials. Approved materials include, but are not limited to: Brick -Stone -Integral colored textured concrete block -Hard coat stucco -Synthetic brick and masonry materials -Terra-cotta 2. Secondary materials: the following materials are allowed as accent materials. Cumulatively, one or more of the following materials may not exceed 30% of any facade: -Smooth-faced concrete masonry units (CMU) -Cement board siding -Architectural metal panels 3. Prohibited materials: The following materials are not allowed: -Plywood paneling -Viny l and aluminum siding 28 Wheat Ridge Architectural and Site Design Manual DRAFT -COUNCIL APPROVAL J u ly 2 0 12 Chapter 4 -Building Design (Multifamily Residential) -Un-articulated large format concrete panels -Exposed raw concrete -Exterior Insulation and Finishing System (EIFS) 4. Material variation: All building facades visible from a street or public space shall have at least one change in materials for each 1210 feet (and portion thereof) of wall height. A change in material must be at least one foot in height. Masonry patterns, such as headers or rowlocks, can count as a change of material. Windows, canopies, and doorways will not count as a change in materiai.U 5. For any facade visib le from a pub lic street, at least 25% of the facade shall contain stone, hard coat stucco, brick or a similar mortar building material. C. Fenestration Design Principle: Windows and openings in the facade provide visual entrance and interesting facade design. Design Standards: 1. At least 25% of each facade shall contain openings such as doors, windows, or balconies. Design Guidelines: 2. Large windows should be divided with mullions to provide isual interest. D . Accessory Structures Design Principle: Accessory structures such as carports, garages, and storage units should be designed to be consistent with the primary building(s) and to avoid monotonous facades . Design Standards: 1. Accessory structures shall be made of materials similar to the primary structure(s). 2 . Accessory structures shall not be located in the bui ld-to area in the Contemporary or Traditional Overlays and shall not be located in the front setback area in the Suburban Overlay. 3. When multiple garages or carports are attached as one structure, there shall be a clear delineation between parking stalls or garages. Design Guidelines: 4 . Where possible, accessory structures should be placed so 1 0 The 2007 manual requires a change in material for every 10 feet in height. This has been updated to 12 feet based on test cases . 11 The 2007 manual requires material change for all facades (here it is proposed as just those visible from the street) and says that the change must be at least 2 feet in height (here it is proposed as 1 foot). These changes align with the mixed use zon ing . Mate ria ls. Windows create a visually-pleasing facade . Garages. Garages and accessory structures such as carports should be oriented to face an alley or rear drive where possible. DRAFT -COUNCIL APPROVAL July 20 12 Wheat Ridge Architectural and Site Design Manual 29 Chapter 4-Building Design (Multifamily Residential) 30 Screening. Utilities serving the building should be fully screened from view. that they are not visible from the street and so that access is gained from an alley or rear drive. E. Screening -Loading. Service Areas. and Utilities Design Principle: Service, loading, and utility areas should be screened from view and minimize impact to surrounding properties . Design Standards: 1. All loading equipment and service areas shall be adequately screened and located towards the rear of the building. 2. All rooftop equipment shall be screened with elements, such as a parapet wall, that are at least as tall as the item being screened. 3. Trash enclosures shall be incorporated into the building design and be fully screened with full wall enclosures or wing walls that are consistent with the building's materials. Trash enclosures shall not be located between the building facade and right-of-way. 4. Screening elements and/or enclosures shall be composed of forms, materials, and colors that are consistent with the primary building. 5. All screening elements shall be at least as tall as the object (e.g. trash enclosure , loading dock, or utility structure) being screened. Design Guidelines: 6. Where possible, exterior utility boxes and above -ground utility installations shall be located to the side or rear of buildings , and not visible from the street. Wheat Ridge Architectural and Site Design Manual DRAFT -COUNCIL APPROVAL July 2012 CHAPTER 5 -SIGNAGE This Chapter contains design principles, standards, and guidelines regarding the design of signs for retail, commercial, light industrial, or mixed -use properties. Please refer to the sign regulations for your zone district in Chapter 26 of the Code of Laws for all signage requirements, including allowable size and location. 5. 1 Wall Signs Design Principle: Signs attached to a structure should be human- scaled and well-designed to contribute to the character of a street. Design Standards: 1. Building wall signs shall complement the building's architecture and fit within the architectural features of the facade so that they do not overlap windows or columns . Design Guidelines: 2. Innovative and unique sign graphics are encouraged. 3. Projecting signs: Projecting signs are encouraged in the Traditional Overlay areas . Wall signs and projecting signs are allowed on the same wall within the traditional overlay. -Projecting signs that encroach into the right-of-way must be approved by the Public Works Department. -Projecting signs should not be located closer than twenty-five (25) feet apart unless the signs work together to make a unified and compatible design or the sign group is integral to the building architecture, reinforcing a significant building feature such as a primary entry. -The structural support of projecting signs should be integrated into the design of the sign , either by being simple and inconspicuous, or by being creative in the use of structural elements, lighting, color and materials. 5 .2 Freestanding and Monument Signs Design Principle: Signage should be scaled to the pedestrian and minimize the impact of advertising. Design Standards: 1. The materials of new freestanding signs shall be similar or closely related to the materials of the primary structure(s). 2. For new development or total redevelopment, freestanding signs shall be located in landscaped areas . D esign G uidelines: 3. Monument signs, rather than pole signs, are strongly Chapter 5 -Signage Wall signs. Pedestrian-scaled wall signs and projecting signs are encoraged. DRAFT -COUNCIL APPROVAL July 2012 Wheat Ridge Architec tural and Site Design Manual 31 Chapter 5 -Signage Monument sign. Monument signs, rather than pole signs, are encouraged to create a more pedestrian -friendly environment. Sign typography. For internally lit signs, the typography should be lighter than the sign background. encouraged for all new develo pment. 4. Pole signs are strongly discouraged with new development, unless the development is located within X mile of the interstate and a highway-oriented sign is proposed. 5. Consolidated monument signage is encouraged in multiple use developments. 5.3 Sign Lighting Design Principle: The lighting of signage should be well-designed, minimize glare, and prevent light pollution. Design Standards: 1. Flashing or pulsing lights are not allowed. Changeable message signs sha ll only be allowed where permitted by the property's zoning , per Article VII of the zoning code.1 Design Guidelines: 2. Internally illuminated, translucent signs should have the typography lighter than the sign background. Opaque sign faces with internally-illuminated translucent typography or internally-illuminated individual channel letters with translucent faces are acceptable. 3. Sign lighting should be consistent with the lighting of building elements and storefront lighting. 4. It is encouraged that sign faces be of a darker hue with light colored text to prevent light glare emitted at night. 5. Signs adjacent to residential neighborhoods should be turned off after business hours . The 2007 manual states that "Flash ing , pulsating , dynam ic , or moving lights are not a ll owed ." This seems confusing for those areas where changeable message/LED signs would be allowed. The proposed language above is intended to add clarity. 32 Wheat Ridge Architectural and Site Design Manual DRAFT-COUNCIL APPROVAL July 20 12 CHAPTER 6 -DEFINITIONS The following chapter defines terms used throughout the ASOM . In the event of conflicts between these definitions and those of the Wheat Ridge Code , those of the ASDM shall take precedence for projects with the jurisdiction ofthe ASOM. Amenity Zone An area along the street curb, between the roadway and the sidewalk , where trees, planters , furnishings and lighting are arranged . Architectural Bay The area between two vertical elements, usually structural supports, which are usually spaced in repetition . Articulation A juncture in the face of a building that generally provides relief in an otherwise flat surface . Belt Course Usually referred to in masonry construction as a continuous row of a pattern of masonry around the fa~ade of a building. Build-to Area An area established adjacent to the primary street frontage where a building (or portion thereof) must be located . Character A viewer's impression of the elements which make up a particular composition of the landscape , trees, buildings, space, furniture, materials and colors. Corner Lot A lot which fronts at least two public streets. Curb Cut Any break in the street curb for a driveway which provides vehicular access from the street. EIFS Exterior Insulating Finish System or a synthetic stucco building material. Elevation The exterior face of a building. The north elevation is the north side of the building . Chapter 6 -Definitions Amenity Zone. The area along the street curb located between the sidewalk and roadway. Curb cut. A break in the street curb for a driveway to provide vehicular access. DRAFT-COUNCIL APPROVAL July 2012 Wheat Ridge Architectural and Site Design Manual 33 Chapter 6 -Definitions Groundcovers. Low-growing plant material typically used in place of turf Hardscape. Exterior ground surface areas paved with an impervious material. Fa~ade The exterior of a building that faces a street or public space. Fenestration The openings (doors and windows) in a building. Form The three dimensional shape and structure of a building . Groundcovers Low growing plant materials which are typically used in place of turf in tree lawns and as foreground plants in landscape shrub beds . Ground covers usually do not exceed 6" in height. Hardscape Exterior ground surface areas which are paved with an i mperv ious material such as concrete or pavers . Human Scale Proportions of elements that relate to the size of a human body. Large Format Retailer A retail store in excess of 50 ,000 square feet, also known as a 'big box ' store. These retailers often construct large, rectangular structures which have a standardized design , high ceilings , and generally little architectural interest. Luminaires The light source of a light fixture . Typically located on poles or are wall mounted . Mass The exterior form and shape of a building. Major Additions Development or redevelopment which increases existing building square footage by SO % or more . Median A raised island of paving or planting located in the center of the street dividing the two ways of travel along a street . Mixed-Use A development that has a m ixture of different uses w ithin its boundaries . Mixed use developments typically conta i n commercial on the ground floor and residential above, or if a one story building, commercial in front with residential behind . 34 Wheat Ridge Architectural and Site Design Manual DRAFT -COUNCIL APPROVAL July 2012 Mullion An upright dividing bar in a window. Open Space An outdoor, unenclosed area designed and accessible for recreation, pedestrian access, or passive leisure . May be hardscaped or landscaped . Pedestrian Lighting Human scale lighting that provides special effects in pedestrian areas along the street . Typically, lighting fixtures are pole mounted luminaries, lighted bollards or other low level light fixtures . Pre-Application Meeting A meeting between a potential developer, landowner or representatives or combination thereof and City staff members to discuss development or redevelopment. The meeting occurs prior to the submittal of a land use application or building permit application . Primary Street The street toward which a building is oriented. The primary street for each site shall be approved by the Community Development Director. Primary Street Frontage The property line of a parcel which is directly adjacent to and parallel to the primary street. Public Space A physical place accessible to the public including sidewalks, rights - of-way, parks, plazas, and other publicly-accessible open areas . Public Street A street that is owned by the City. Reflective Glass Glass that has a percentage of outdoor visible light greater than 19%. Reveal reflectivity A space or an indention in the surface of a building that separates materials or is used as an accent in the field of the same material. Right-of-way The area of the street that is in public ownership. Chapter 6 -Definitions Mullion. An upright dividing bar in a window Right-of-way. The area of the stree t under public ownership. DRAFT -C OUNCIL APPROVAL July 201 2 Wheat Ridge Arc hitectural and Site Design Manual 35 Chapter 6 -Definitions Roadway Sidewalk. A paved surface intended far pedestrian use . Scale The proportions of elements that relate to the street in relation to a human or automobile . Scale affects the arrangement of streetscape elements to form spaces that are comfortable for pedestrians and drivers alike . Secondary Street Frontage The property line perpendicular to the primary street frontage . The secondary street frontage is only applicable for lots with multiple street frontages. Sidewalk A paved surface expressly intended for pedestrian use. Street A publicly or privately owned street. Street Trees Trees that line the street in a regularly spaced row. They are typically located within the tree lawn. 36 Wheat Ridge Architectural and Site Design Manual DRAFT-COUNCIL APPROVAL July 2012 "'~·~ -, " City of • -~Wheat&___dge ~ADMINISTRATIVE SERVICES Memorandum TO: Mayor and City Council Patrick Goff, City Manager ~ THROUGH: FROM: Heather Geyer, Administrative Services Director/PIO DATE: July 16 , 2012 SUBJECT: Foothills Animal Shelter IGA Attached for Council's consideration is a draft resolution authorizing the City to enter into an IGA related to the Foothills Animal Shelter and the countywide Dog Licensing Program. Background In 1997 , the City became a party to the IGA that formed the Table Mountain Animal Center (TMAC). Over the years , the operations ofTMAC have grown -to a point of constructing a new shelter in 2010 that is three times larger than the old facility and changing the name of the facility to Foothills Animal Shelter (FAS). Currently, the City of Wheat Ridge, along with Jefferson County and the cities of Arvada, Edgewater, Lakewood , Westminster, and Golden make annual contributions towards the operations of the shelter. Wheat Ridge 's contribution to the shelter has historically been approximately $27 ,000 to $29 ,000 annually. In 2007 , the County and the various cities entered into an IGA that implemented a countywide dog licensing program. The revenue generated from the program was to be allocated to pay for the new shelter. The County has served as administrator for the licensing program and began collecting license revenue prior to the construction and opening of the new shelter. Those funds , in excess of $1.5 million , have been held in trust by the County. In addition , the license revenues generated annually have exceeded the annual debt service payments on the COP 's that were issued by the County to build the shelter. In 2008 , Wheat Ridge and the other cities approved resolutions to amend the Dog License Program IGA to allow for the excess dog license revenues (the amounts collected greater than the annual debt service requirement) to be used by TMAC/F AS for the construction, operation, maintenance, and replacement of the new facility , or for capital improvements and maintenance of the current facility (the TMAC facility that existed at that time). In 2011 , the Board of Directors for the Shelter (made up of one representative from the County and each of the cities), requested funds from the excess dog license revenues to pay for some needed capital improvements and to help cover the increased cost of operations related to the first full year of operations at the new facility. The County agreed to the capital funding as that was allowed for in the 2007 IGA , but denied the funding for operations as the County had never approved the 2008 amendment to the IGA (and had never communicated that to any of the cities Foothills Animal Shelter IGA July 16, 2012 Page2 or the Shelter Board). So, instead of using dog licensing revenues to assist with the operating costs, the County and each City received an additional special assessment for 2011, an unbudgeted expenditure for most of the entities including Wheat Ridge. Wheat Ridge's portion of the additional assessment was $20 033.19. If the Board decides that a special assessment is needed in 2012 , the City will receive a request for $20,250. Upon learning this information from the County, the Shelter Board began a series of discussions concerning how to stabilize the annual assessments to the entities and how to best utilize the excess dog licensing revenues. Specifically, the Board discussed the impact of special assessments on entities such as Wheat Ridge. The Board agreed that since the annual debt service was a relatively-fixed amount annually, applying the entity assessments to the debt payments would provide for a stable budgeted amount for the entities. Further, given that the dog licensing revenue already exceeded the annual debt requirements, using the revenue for operations was a better match. Currently, the dog license compliance rate is approximately 21 %. The Shelter Board has challenged the F AS staff to work on a marketing and promotion plan to increase the compliance rate and generate more revenue to help cover operating costs. The Board also felt it was prudent to establish both capital and operating reserves. Highlights of the I GA In general , the IGA merges the previous IGAs that established TMAC and implemented the Dog License Program into one IGA that supersedes the other IGAs . The primary changes in this IGA are as follows: • Officially change the name of the entity to Foothills Animal Shelter • Establish a capital reserve of $500,000 • Establish an operating reserve equivalent to 25% of annual operating expenses • Allocate the Dog License Program revenue (net of administrative costs incurred by the County who currently administers the program) to the operations ofF AS • Allocate the annual City assessments to the annual debt service obligation Financial Imp act The City's annual contribution toward the operations ofF AS in 2012 was $29,050 and in 2011 was $27,932 plus a special assessment of$20,033 for a total of$47,965 . There is still the potential for a special assessment in 2012 to help cover the cost of operations but that potential is greatly reduced by using the dog licensing revenue for operations as proposed in this I GA. Starting in 2013 , the annual contributions from the parties to this IGA will be allocated toward the debt service and will be less than the current atmual contributions assessed today. ChiefBretman, Jerry Dahl , and Mary McKenna have all reviewed the draft IGA . Staff recommends bringing the draft IGA to the July 23 , 2012 City Council meeting for approval. The effective date on the draft IGA is August 15 ' 201 2 .. The City of Golden and Jefferson County have approved the IGA. Approval from the other entities is forthcomin g. Attachment A . Draft Resolution B. Draft IGA CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. Series of 2012 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN JEFFERSON COUNTY, THE CITY OF ARVADA, THE CITY OF LAKEWOOD, THE CITY OF WHEAT RIDGE, THE CITY OF GOLDEN, THE CITY OF WESTMINSTER AND THE CITY OF EDGEWATER ANIMAL SHELTER/DOG LICENSING /FUNDING WHEREAS, by Resolution 1567-1996, the City of Wheat Ridge (Wheat Ridge) entered into an Intergovernmental Agreement (IGA) that added Wheat Ridge as a party to the establishment and operation of the Table Mountain Animal Center (TMAC); and WHEREAS, by Resolution 17-2007, Wheat Ridge entered into an IGA for the implementation of a Countywide Dog Licensing Program; and WHEREAS, TMAC has since moved to a new location is operating under the name of Foothills Animal Shelter (the Shelter); and WHEREAS, Wheat Ridge is currently assessed an annual fee to help cover the cost of the operations of the Shelter; and WHEREAS, revenues from the Dog Licensing Program are used to pay the debt service of the Shelter's new facility; and WHEREAS, the revenue from the Dog Licensing Program exceeds the annual debt service requirements; and WHEREAS, the Parties to the IGA wish to better match the revenue streams to expenses by allocating the assessments to the annual debt service and allocating the Dog Licensing revenue to operations of the Shelter, and also take advantage of the increased revenue potential of the Dog Licensing Program to cover future operating costs of the Shelter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The Intergovernmental Agreement Between Jefferson County, the City of Arvada, the City of Lakewood, the City of Wheat Ridge, the City of Golden, the City of Westminster and the City of Edgewater Animal Shelter/Dog Licensing/Funding attached to this Resolution as Exhibit A and incorporated herein by reference, is hereby approved. The Mayor and City Clerk are authorized and directed to execute the same. B. This Resolution shall be effective upon adoption. Attachment 1 DONE AND RESOLVED this 23rd day of July, 2012. Jerry DiTullio, Mayor ATIEST: Janelle Shaver, City Clerk INTERGOVERNMENTAL AGREEMENT BETWEEN JEFFERSON COUNTY, THE CITY OF ARVADA, THE CITY OF LAKEWOOD, THE CITY OF WHEAT RIDGE, THE CITY OF GOLDEN, THE CITY OF WESTMINSTER AND THE CITY OF EDGEWATER ANIMAL SHELTER/DOG LICENSING /FUNDING THIS AGREEMENT, dated for reference purposes only this 15th day of August, 2012, is made and entered into by and between the COUNTY OF JEFFERSON, STATE OF COLORADO, a body politic and corporate (the "County'); the CITY OF ARVADA, a municipal corporation ("Arvada'"); the CITY OF LAKEWOOD, a municipal corporation ("Lakewood"); the CITY OF WHEAT RIDGE, a municipal corporation ("Wheat Ridge"); and the CITY OF GOLDEN, a municipal corporation ("Golden"); and the CITY OF WESTMINSTER, a municipal corporation ("Westminster"). WITNESSETH WHEREAS, C.R.S. Section 30-15-101(1) authorizes the board of county commissioners of each county to establish an animal holding facility and engage personnel to operate it, provide for the impoundment of animals, and to establish terms and conditions for the release or other disposition of impounded animals; and WHEREAS, C.R.S. Section 30-15-1 0 I (2) authorizes counties and municipalities to enter into an intergovernmental agreement to provide for the control, licensing, impounding, or disposition of pet animals or to provide for the accomplishment of any other aspect of a county or municipal dog control or pet animal control licensing resolution or ordinance; and WHEREAS, C.R.S. Section 31-15-401 (m)(J) authorizes municipalities to regulate and control animals within the municipality including but not limited to, licensing, impoundment and disposition of impounded animals; and WHEREAS, Part 2 of Article I of Title 29, C.R.S. permits and encourages governments to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting w ith other governments; and WHEREAS, Part 2 of Article I of Title 29, C.R.S. authorizes governments to contract with one another to provide any function , service, or facility lawfully authorized to each of the contracting units through the establishment of a separate legal entity; and WHEREAS, pursuant to C.R.S. Section 30-1 1-1 07(1) the parties are authorized to e nter into agreements for the joint use and occupation of public buildings; and WHEREAS, some of the parties entered into an Intergovernmental Agreement formin g the separate legal entity called the Jefferson Animal Shelter on March 15. 1975 and this Intergovernmental Agreement was amended several times to modify the terms and add parties to the agreement; and Attachment 2 WHEREAS, the Towns of Morrison and Mountain View are no longer participating in the operation or funding of the Jefferson Animal Shelter; and WHEREAS, the parties entered into an Intergovernmental Agreement creating a County- Wide Dog Licensing Program ("Dog Licensing Program'") which provided that the revenue from the Dog Licensing Program would be used to construct a new animal shelter facility due to the deterioration of the prior facility ; and WHEREAS, the County funded the construction of a new animal shelter facility ("'Facility") by I )issuing Certificates of Participation ("COPs'') which included the amount of 5.2 million dollars for construction of the Animal Shelter Facility; 2) contributing 3 million dollars; and 3) contributing an additional 1.5 million dollars pursuant to the terms of an Intergovernmental Agreement between some of the parties (the "Facility Funding IGA ") which provided that the participating cities would repay the County(unless the County is repaid by the Fo othills Animal Foundation)at the end of a five year period ending on January 1, 20 15 ; and WHEREAS, the parties desire to amend the prior agreements for formation of the Shelter and the Dog Licensing Program to provide for the parties to no longer pay annual assessments for the operation of the Shelter. to instead use the revenue from the Dog Licensing Program for the operation of the Shelter and to provide for repayment of the COPs and the $1.5 million dollar contribution; and WHEREAS , the parties agree that each party and its residents should contribute toward the funding for the cost of capital construction of the Facility and the operation of a central animal shelter in equal proportion to the estimated number of dog s in their jurisdiction: and WHEREAS, it continues to be in the best interest of all of the above-referenced parties to participate in the. organization, administration. and common use of a central animal shelter and to amend the prior agreements for continued operation of the central animal shelter and the Dog Licensing Program and the Facility Funding IGA as set forth herein ; and WHEREAS, the City of Edgewater ("Edg ewater") may desire to become a party to this A g reement after adoption of a dog licen s in g ordinance in compliance with the terms of thi s Agreement. NOW, THEREFORE, in consideration of the mutual covenants and a g reement ofthe parties hereinafter contained, the receipt and sufficiency of which are hereby confessed, it is understood and a g reed a s follows: PART 1. FOOTHILLS ANIMAL SHELTER FORMATION AND OPERATION I. GENERAL PROVISIONS A. E STABLISHM ENT OF FOOTHILLS ANIMAL SH E LTER. The parties pre viously establi s hed a separate legal e ntity calle d th e J e fferson Anima l Shelter and then 2 renamed the entity the Table Mountain Animal Center. The parties hereby reaffirm the establishment of the separate legal entity which shall be known as the "Foothills Animal Shelter'· (the "Shelter") and which shall be responsible for the administration and operation of the Shelter and the Facility. B. LEASE OF SHELTER. The Shelter entered into a lease with the County for the new Facility located at 580 Mcintyre Street, Golden CO 80401 pursuant to a Lease Agreement effective on August 9 , 20 I 0 (the "Lease Agreement"). The Shelter, for the purpose of, organizing, administering, and operating the central animal facility on the land so leased , will improve, maintain , and operate the Facility as provided herein and as provided in the Lease Agreement. II. POWERS OF THE SHELTER A . GENERAL POWERS. The pa11ies hereto agree the Shelter shall be empowered with the authority to improve , construct, maintain , repair, control , regulate , and operate the Facility within Jefferson County, Colorado , as a complete animal shelter for the use and benefit of the parties to this Agreement and their constituents. B. POWER TO SHELTER ANIMALS AND PROVIDE EDUCATIONAL PROGRAMS. The principal purposes ofthe Shelter are (I) to retain in temporary custody and to provide for the subsequent adoption or disposition of animals taken into possession by the respective governing bodies or animals tendered to the Shelter by residents of the respective governing bodies, and (2) to provide educational , volunteer and related programs to individuals and the community to promote responsible pet ownership. As used herein , the term "animals" shall include, but is not necessarily limited to , dogs, cats , cattle , horses , and all other domestic or wild animals of any kind or description. C. The Shelter shall have the power to contract with other governing bodies who are not parties to this Agreement to provide the same temporary custody, adoption or disposition services provided for the parties. D. POWER TO ESTABLISH CLfNlCS FOR ANIMAL WELFARE PURPOSES. In addition to providing temporary custody for said animals , the Shelter shall have the authority to establish a clinic for the purpose of spaying and neutering animals , or any other animal welfare related purposes as deemed appropriate by the governing Board of Directors (the "Shelter Board"). E. POWER TO MAKE CONTRACTS, HIRE, AND FIRE. The parties hereto further agree the Shelter shall have the authority to contract and purchase all necessary supplies , equipment , materials , and services , including professional services , and further to hire and discharge employees as deemed necessary to operate the Shelter. F. POWER TO SET FEES. The fees to be charged for services shall be established by the Shelter Board , shall be uniform and reasonable , and shall supersede any fees previously 3 established by the respective governmental bodies. Fees for services provided to governing bodies who are not parties to this Agreement and their residents shall be set by the Shelter Board and shall be set to include the costs for operation and maintenance of the Shelter and capital costs of the Facility. G. POWER TO LEASE PROPERTY. The parties hereto agree the Shelter is empowered to negotiate and enter into a lease of the Facility which is suitable for an animal facility and additional property if necessary. III. BOARD OF DIRECTORS A. POWERS . All powers , privileges and duties vested in the Shelter shall be exercised and performed by and through the Shelter Board. Only parties to this Agreement shall be entitled to appoint a Director to serve on the Shelter Board . B. APPOINTMENTS . Each party shall designate and appoint one Director to serve on the Shelter board. Each Director shall be in regular attendance and participate in Shelter meetings and activities. Each Director shall serve in accordance with the terms and conditions set forth by the party that appointed the Director. Each party may also appoint an alternate board member. The current Directors for the existing animal shelter appointed by the parties shall continue to serve as Directors on the Foothills Animal Shelter Board after execution of this Agreement unless any Director is removed by the party who appointed the Director. C. ELECTION OF OFFICERS. At the annual meeting of the Shelter Board , the Shelter Board shall elect from its membership a President, a Vice President (and President pro tern), a Secretary and a Treasurer, who will assume their office at the annual meeting. These officers shall serve until their successors have been elected. The officers shall be elected by an affirmative vote of at least a majority of the Shelter Board. D. BYLAWS AND POLICIES AND PROCEDURES. The Shelter Board shall have the power to promulgate bylaws and policies and procedures which shall establish the organizational rules and policies and procedures for the management and operation of the Shelter. IV. CAPITAL IMPROVEMENT FUND The Shelter shall establish a capital improvement fund equal to a minimum of Five Hundred Thousand Dollars ($500 ,000) ("'Minimum Threshold ") using the surplus revenues generated by either the operation of the Shelter or the Dog Licensing Program or by funds transferred from the Foothills Animal Foundation, a Colorado non-profit corporation (the "Foundation"). The uses to which said fund may be put include, but are not necessarily limited to , replacement of capital equipment, procurement of new capital equipment, and improvement or expansion ofthe Facility. If funds are used from the capital improvement fund , the capital improvement fund shall be returned to the Minimum Threshold as soon as funds become available but within no more than a two year period from the date the fund fell below the 4 Minimum Threshold. The Shelter Board may adjust the Minimum Threshold above $500 ,000 on an annual basis if approved by a two-thirds vote ofthe Directors. Any adjustment ofthe Minimum Threshold below $500,000 shall only occur by amendment to this Agreement. V. CONTINGENCY/EMERGENCY FUND ESTABLISHED The Shelter shall establish a contingency/emergency fund with a minimum of three months of operating expenses as calculated from the prior year ("Minimum Balance"). The money for said fund may be generated from transfers from impoundment, boarding and adoption fees , investment income, donations , grants or other incidental sources of revenue. Said contingency fund shall be used to defray the costs of unanticipated operating expense shortfall. If funds are used from the contingency emergency fund , the contingency/emergency fund shall be returned to the Minimum Balance as soon as funds become available but within no more than a two year period from the date the fund fell below the Minimum Balance. VI. BUDGET A. BUDGET PROCESS. Each year, the Shelter shall prepare a preliminary budget and submit said budget to the Shelter Board. The budget shall contain detailed estimates of the operating costs of the subsequent year. The preliminary budget shall be approved by the Shelter Board on or before September 30th of each year. The approved preliminary budget shall be submitted to each of the governing bodies ofthe parties hereto as soon thereafter as possible . B. The final budget shall then be approved by the Shelter Board and certified by the secretary and treasurer of the Shelter Board. A final budget shall be submitted to each of the governing bodies of the parties no later than December 15th of each year that this Agreement is in effect. VII. FUNDS AND OPERATIONS A. DESIGN A TlON OF FUNDS. The Shelter and parties agree that the various monies paid to the Shelter from the Dog Licensing Program or any other source, and any monies generated by the Shelter, shall be placed into a designated fund , and any expenses incurred by reason of operation of the Shelter shall be paid from said fund. B. CHOICE OF DEPOSITORY. All monies belonging to the Shelter or designated for use by the Shelter shall be deposited in the name and to the credit of the Shelter with such depositories as the Shelter shall from time to time designate. C. DISBURSEMENT OF FUNDS. The Shelter Board will establish a written policy for the internal control and monitoring of the expenditure of funds by the Shelter and the type or method of payment used by the Shelter. The written policy established by the Shelter Board shall ensure that the Shelter Board is able to monitor all expenditures by the Shelter. 5 D. FISCAL RESPONSIBILITY. The Shelter shall not borrow money nor shall it approve any claims or incur any obligations for expenditures unless there is sufficient unencumbered cash in the appropriate fund , credited to the Shelter, with which to pay the same. The provisions and terms set forth in Part 3 of this Agreement shall not be considered debt of the Shelter. VIII. BOOKS AND RECORDS A. RECORD KEEPING. The Shelter shall maintain adequate and correct accounts of its funds , properties, and business transactions , which accounts shall be open to inspection at any reasonable time by the parties hereto , their attorneys , or their agents. B. ANNUAL AUDIT. The Shelter shall cause to be conducted an annual audit within 90 days after the end of the fiscal year. The Shelter fiscal year shall be from January 1st to December 31 st. Such audit shall be conducted by an independent certified public accountant. registered accountant, or partnership, or certified public accountants , or registered accountants licensed to practice in the State of Colorado. The Shelter shall tender a copy of said audit to the governing bodies of the respective parties hereto. IX. REPORTS A. ANNUAL REPORT. By June 1st of each year the Shelter shall prepare a comprehensive annual report of the Shelter's activities and finances during the preceding year and tender a copy of the annual report to the governing bodies of the respective parties hereto. B. REPORTS REQUIRED BY LAW , REGULATION OR CONTRACT. The Shelter shall also prepare and present such reports as may be required by law, regulation , or contract to any authorized federal , state , and /or local officials to whom such report is required to be made in the course and operation of the Shelter. C . REPORTS REQUESTED BY THE PARTIES. The Shelter shall also render to the parties hereto , at reasonable intervals , such reports and accountings as the parties hereto may from time to time request. PART 2. COUNTY WIDE LICENSING PROGRAM/FUNDING FOR SHELTER I. COUNTY-WIDE LICENSING PROGRAM A. ORDINANCE ADOPTION. Each party shall adopt or has already adopted an ordinance which establishes a dog licensing program and penalties within its jurisdiction. The dog licensing ordinances adopted by the parties shall be consistent with the County ordinance concerning licensing of dogs and license fees· however, each party has discretion to adopt its own penalties. 6 B. ENFORCEMENT. Each party shall be responsible for enforcement of the penalties for its dog licensing ordinance within their own jurisdiction. Each party agrees to actively pursue enforcement of said ordinance. C. LICENSING ADMINISTRATOR DEFINED. The Licensing Administrator is the entity delegated the authority by the parties to issue licenses and collect fees for said dog licenses on behalf of all parties. D. DELEGATION OF AUTHORITY. The parties hereby have delegated authority to the County to be the Licensing Administrator to issue licenses and collect fees for said dog licenses on behalf of all parties. A new Licensing Administrator may be appointed by written approval of the Shelter Board. If the Licensing Administrator appointed is not a party, the Shelter Board shall enter into an agreement with the entity chosen to be the Licensing Administrator to bind the new Licensing Administrator to the terms of this Agreement and any other terms deemed necessary by the Shelter Board. E. DOG LICENSES. The dog licenses shall all be identified as "County Dog Licenses." II. FUNDS AND OPERATIONS A. DESIGNATION OF FUNDS. The Licensing Administrator agrees that all monies paid to the Licensing Administrator for the licensing of dogs within the jurisdictions of all parties , shall be placed into a designated fund (the "Dog Licensing Fund ") except the funds due to the Licensing Administrator as provided in Part 2 , Article 11 , Section B and the funds withdrawn or retained by the County pursuant to Part 2 , Article II , Section C. B. LICENSING ADMINISTRATOR'S ADMINISTRATIVE COSTS. On August 151 of each year this Agreement is in effect, the Licensing Administrator shall provide each party with a statement of the Licensing Administrator's administrative costs directly attributable to the operation of the Dog Licensing Program from July 151 through June 30th of each year, and the projected administrative costs for the upcoming year. The Licensing Administrator shall retain the amount of the Licensing Administrator's administrative costs from the Dog Licensing Program revenue on a monthly basis. The Licensing Administrator shall be entitled to payment for the cost of, at a maximum , two full time employees including salary, benefits and overhead. The Licensing Administrator employee positions shall be Administrative Specialist lor II positions as currently defined by the County or equivalent positions. Any future staffing needs, beyond those currently listed above, require approval of the Shelter Board. The Licensing Administrator shall also be entitled to the cost of tags , mailers (for new tags and renewals), postage , printing, maintenance/updates of dog licensing software and miscellaneous office supplies, and any other costs directly attributable to the operation of the Dog Licensing Program. C. DISBURSEMENT OF FUNDS FOR 2012. The parties have each paid an assessment to the Shelter for the 2012 Budget Year as a contribution to the operating costs and capital improvement costs of the Shelter. The County, as the current Licensing Administrator 7 shall withdraw funds from the Dog Licensing Fund to pay that portion of the debt service on the COPs for 2012 attributable to the portion of those proceeds used to fund the construction of the Facility . The County, as the current Licensing Administrator, shall retain funds in the Dog Licensing Fund to pay the County 's estimated administrative costs and expenses for acting as the Licensing Administrator through December 31 , 2012. The remainder of the funds in the Dog Licensing Fund shall be paid over to the Shelter to be used first to meet the requirements for funding the Capital Improvements Fund and Contingency/E mergency Fund and the remainder shall be allocated as determined by the Shelter Board. D. DISBURSEMENT OF FUNDS AFTER 2012 . Except for the funds retained by the Licensing Administrator each month for its administrative costs and expenses as provided in Part 2. Article II , Section B , the funds contained in the Dog LicensinR Fund shall be paid to the Shelter by the Licensing Administrator on a monthly basis on the lOt of the following month as a contribution from the parties toward the operating costs of the Shelter or capital improvements or maintenance costs of the Shelter as approved by the Shelter Board. lll. BOOKS AND RECORDS RECORD KEEPING. The Licensing Administrator shall maintain adequate and correct accounts of the funds , which accounts shall be open to inspection at any reasonable time by the parties hereto. their attorneys , or their agents. IV. REPORTS A. DEFINITIONS. I. Reporting Period shall mean the period between July 1st to June 30th of each subsequent year. 2. Jurisdiction -The Jurisdiction of each party who is a city shall mean the area within its municipal boundaries. For Westminster and Arvada Jurisdiction shall include the area within their municipal boundaries that is within Adams County and Jefferson County. The Jurisdiction for the County shall be the unincorporated area of the County. 3. Estimated Dog Population for a party shall mean: a. the estimated percentage of Colorado households harboring one or more dogs , obtained from the most current data published by the American Veterinary Medical Association (the "Source''); multiplied by b. the number of households in a party 's Jurisdiction , as reported in the most current publication by the State Demographer's Office ; multiplied by c. the average number of dogs per household for each household with a dog, obtained from the most current Source using the data for Colorado . 8 4. Compliance Rate shall mean the rate calculated by dividing a. the number of licenses issued for dogs residing in a party 's Jurisdiction during a one year Reporting Period by b. the Estimated Dog Population in each party 's Jurisdiction for the same Reporting Period . B. ANNUAL REPORT. By August I 51 of each year, the Licensing Administrator shall prepare and present to the Shelter Board an annual report of the number of dogs licensed during the prior year in each party 's Jurisdiction , the estimated household population of each party 's Jurisdiction as reported in the most current publication by the State Demographer's Office, the Compliance Rate for each party 's Jurisdiction and the funds collected during the prior year. A sample of the report format is attached as Exhibit A. C. REPORTS REQUESTED BY THE PARTIES. The Licensing Administrator shall also render to the parties hereto , at reasonable intervals , such reports and accountings as the parties hereto may from time to time request. V. REVIEW OF REVENUES AND JURISDICTION COMPLIANCE A. REVIEW OF REVENUES AND COMPLIANCE BY JURJSDICTION. If during the reporting period ending June 30, 2012 , there is less than twenty per cent (20%) compliance by the residents in a party 's Jurisdiction , the respective party shall pay to the Licensing Administrator for placement in the Dog Licensing Fund an amount equal to the difference between the funds that the Dog Licensing Fund would have received if there was twenty per cent (20%) compliance at the spayed dog licensing rate and the amount of dog license fees actually collected from the residents of that party 's Jurisdiction. The twenty percent (20%) Compliance Rates set forth above shall be defined as the Minimum Compliance Rate for the reporting period ending June 30, 2012. When the annual report is distributed at the end of the next reporting period and every year thereafter, a new Minimum Compliance Rate shall be set for the following year if the Minimum Compliance Rate was exceeded by all the parties. If all the parties ' Jurisdictions exceed the Minimum Compliance Rate according to the annual report , the new Minimum Compliance Rate for the following year shall be the Compliance Rate of the party with the lowest Compliance Rate. If any party 's Jurisdiction fails to meet the Minimum Compliance Rate set for a reporting period , the party shall pay to the Licensing Administrator for placement in the Dog Licensing Fund an amount equal to the difference between the funds that the Dog Licensing Fund would have received if the Minimum Compliance Rate was met at the spayed dog licensing rate , and the amount of dog license fees actually collected from the residents of that party 's Jurisdiction. B. APPROPRIATION AND PAYMENT OF FUNDS. The parties agree to pay the amounts set forth in Part 2 , Article V , Section A , to the Licensing Administrator for placement in the Dog Licensin g Fund by January 31 st of the year following which the Annual Report determined a party failed to meet the Minimum Compliance Rate, provided , however, that all pa yments by the parties to the Dog Licensing Fund pursuant to this Agreement are subject to 9 annual appropriation by the parties hereto in the manner required by statute. It is the intention of the parties that no multiple-year fiscal debt or other obligation be created by this Agreement. PART 3. REPAYMENT OF DEBT SERVICE FOR CONSTRUCTION OF FACILITY I. BASIS FOR DOG POPULATION A. BASIS FOR DOG POPULATION. The basis for the dog population calculation shall be based upon the Colorado data from the most current Source. Whenever the dog population is needed for computations under this Agreement, the figure used shall be the most recent available at the time such figure is needed , unless otherwise specified herein. B. DEFINITIONS. The definitions for Jurisdiction , Reporting Period and Estimated Dog Population are set forth in Part 2, Article IV. II. CONTRIBUTIONS TO DEBT SERVICE FOR COST OF CONSTRUCTING FACILITY A. CONTRIBUTIONS OF THE PARTIES FOR DEBT SERVICE ON COPS. 5.2 million dollars of the proceeds from the COPs issued by the County were used to partially pay the cost for construction of the Facility. The par1ies agree that each municipal party shall annually pay an assessment to the County to repay that portion of the debt service on the COPs attributable to the portion of the proceeds used to fund the construction of the Facility (the ''Facility Debt Service") until the COPs are defeased. The Facility Debt Service Schedule is attached hereto as Exhibit A but such schedule may be modified ifthe COPs are refinanced as provided herein. Each party's annual repayment will be determined as follows: I. Calculation for the Annual Assessment a. Determine the Estimated Dog Population for each party 's Jurisdiction as of June 30th of each year. c. b. Add the Estimated Dog Population for all the parties together to determine the Total Dog Population. Determine what percentage each party 's Estimated Dog Population is compared to the Total Dog Population for all of the parties ' Jurisdictions combined ("Dog Population Percentage''). Each municipal pa11y shall pay the County a portion of the Facility Debt Service equal to that municipal party 's Dog Population Percentage. B. ANNUAL DEBT SERVICE STATEMENT AND INVOICE FOR COPS. By August 151 of each year, the County shall prepare and present to the Shelter Board and the governing bodies of the parties a statement and invoice ofthe Facility Debt Service due from January I to December 31 for the upcoming year, each party's Dog Population Percentage and the total dollar amount due from each party for its portion of the Facility Debt Service. C. PAYMENT FOR FACILJTY FUNDING IGA. Pursuant to the terms ofthe Facility Funding IGA , the County shall provide the parties with a report each year stating the 10 amount received each year and the balance owing. Section I.D . of the Facility Funding IGA shall be amended to provide that the final payment on the remaining balance is due on January 1, 2015 and shall be divided equally between Arvada, Lakewood , Wheat Ridge, Golden and Westminster (collectively the "Cities"). The Cities shall make their final payments to the County no later than January 31 , 2015. To the extent the Facility Funding IGA provides that the County is solely responsible for the Facility Debt Service on COPs, the Facility Funding IGA is amended in this Agreement to require participation of all the municipal parties and the County in the payment of the Facility Debt Service in the manner provided herein. D. APPROPRIATION AND PAYMENT OF FUNDS. The parties agree to consider for appropriation the amounts computed as set forth above by the first day of January of the year during which said monies are to be paid to the County. The parties agree to pay the amounts for the Facility Debt Service to the County by January 31st of the year during which said monies are to be paid by the County for the debt service. All payments to the County pursuant to this Agreement are subject to annual appropriation by both the County and each municipal party hereto in the manner required by statute. It is the intention of the parties that no multiple-year fiscal debt or other obligation be created by this Agreement. E. REPORTS REQUESTED BY THE PARTIES. The County shall also render to the other parties hereto , at reasonable intervals , such reports and accountings as the parties hereto may from time to time request. F. REFINANCING. The County shall have the right to refinance the debt on the COPs if deemed beneficial to the County so long as the amount owed by the municipal parties for debt service does not increase due to the refinancing. PART 4. GENERAL CONTRACT TERMS I. DEFAULT IN PERFORMANCE A. In the event any party fails to make the payments to the Licensing Administrator when due as provided by Part 2, Article V , or payments to the County as provided in Part 3 or to perform any of its covenants and undertakings under this Agreement, the County or any other party shall cause written notice to be given to the governing body of the defaulting party of the termination of the party 's participation in the Agreement, unless such default is cured within thirty (30) days from the date of such notice. Upon failure to cure said default within said thirty (30) day period , membership in the Shelter of the defaulting party shall thereupon terminate, and said defaulting party shall thereafter have no voting rights as a member of the Shelter at any regular or special meeting thereto , nor be entitled to representation on the Shelter Board , and said defaulting party shall thereafter be denied service by the Shelter. Further, the Licensing Administrator shall no longer provide licensing services to said defaulting party. The defaulting party whose participation is terminated under this section of this Agreement shall forfeit all right , title , and interest in and to any funds in the Dog Licensing Fund or any right, title or interest in and to any property of the Shelter to which said party may otherwise be entitled upon the dissolution of this Agreement. If a party is in default of this Agreement for any reason other than 1 I nonappropriation of funds for payment of an assessment to the County or payment to the Licensing Administrator for placement in the Dog Licensing Fund , tennination of the defaulting party's participation in the Agreement shall not relieve the defaulting party of the obligation to make the payments to the County as provided in Part 3 or the Licensing Administrator for placement in the Dog Licensing Fund as provided in Part 2 , Article V that were due prior to the defaulting pat1y 's termination. This Section is not intended to limit the right of any party under this Agreement to pursue any or all other remedies it may have for breach of this Agreement. A party who fails to make the payments required by Part 2 or 3 for any reason other than nonappropriation of funds shall be obi igated to pay all costs of collection of said payment, including reasonable attorneys ' fees. A municipal party who fails to make the payments for any reason other than nonappropriation of funds shall be obligated to pay interest at a default rate of I 0% plus all costs of collection of said payment, including reasonable attorneys ' fees. B. PAYMENT DEFAULT/ COPs. In the event any municipal party fails to make the payments to the County when due other than for non appropriation as set forth in Part 3 Section D that municipal party shall be in default. In the event of a payment default or non appropriation by any of the municipal parties, the remaining municipal parties and County shall be responsible for the debt service amount owed by the defaulting or non appropriating municipal party or parties in the same ratio calculation set forth in Part 3 except the ratio shall be calculated without the defaulting party or parties inclusion in the ratio . C. PAYMENT DEFAULT/ $1.5 MILLION. In the event Arvada , Lakewood , Wheat Ridge, Golden or Westminster fails to make the payments to the County when due other than for non-appropriation as set forth in Part 3 Section C the municipal party who fails to make a timely payment shall be in default. In the event of a payment default or non appropriation by Arvada, Lakewood , Wheat Ridge , Golden or Westminster, the remaining municipal parties shall be responsible for the debt service amount owed by the defaulting or non appropriating municipal parties as provided in the Facility Funding IGA. II. TERM, RENEWAL AND TERMINATION OF AGREEMENT A. TERM AND RENEWAL OF AGREEMENT. This Agreement shall be in full force and effect for a term of 50 years from July I , 2012 or until sooner terminated by two-thirds of the parties hereto , and the parties entering into this Agreement shall have the option to extend this Agreement by amending this Agreement pursuant to Part 4 , Section Ill. B. CONTINUATION OF SHELTER OPERATION/FEES FOR NON-PARTIES. All property and animals shall remain in the Shelter under the tenns of this new Agreement. Entities not parties to this Agreement who have animals at the Shelter that were placed at the Shelter by the entity or residents living within the boundaries of the entity on effective date of this Agreement shall pay a fee as set by the Shelter Board which may be per animal per day as long as said animal remains at the Shelter. C. TERM INA TJON BY WRITTEN NOTICE. This Agreement, or any party 's participation in this Agreement, may be terminated effective by written notice from the party or 12 parties to the Shelter at least 180 days prior to January I st of any given year. Any party terminating its participation pursuant to this provision shall not be entitled to any reimbursement for said parties' contributions to the County, the Shelter or the Licensing Administrator for capital costs, assessments or any operating costs previously paid by said party or any dog licensing fees previously paid by its residents. Such party shall be entitled to be readmitted to the membership of the Shelter if approved by the Shelter Board and if the terminated party has paid all dollar amounts the terminated party is in arrears under the terms of this Agreement. D. TERMINATION WITHOUT REQUIRED NOTICE. In the event that any party hereto elects to terminate its participation in this Agreement prior to the end of any period of this Agreement and not in accordance with subsection C ofthis section , such party shall be considered in default of this Agreement and accordingly shall forfeit its entire contribution to the Shelter. Upon default, the defaulting party shall forfeit all privileges and property that such party obtained as a result of its membership in this Shelter. Should a defaulting party, at some later date, seek readmission to the membership of the Shelter, such party shall be required to meet the requirements and contributions of any new party seeking membership pursuant to the terms of this Agreement. E. POWERS OF SHELTER UPON TERMINATION BY TWO-THIRDS. Upon tennination by mutual agreement of two-thirds of the parties to this Agreement, the powers granted to the Shelter under this Agreement shall continue to the extent necessary to make an effective disposition ofthe property, equipment, and animals under this Agreement. If the Agreement is tenninated the Shelter and the County shall cause the Lease Agreement with the County to be terminated. F. STATUS OF LEASED PREMISES UPON TERMlNATION BY TWO-THIRDS/ PAYMENT OF SHELTER LJABILITIES. Upon termination of this Agreement by mutual agreement oftwo-thirds of the parties hereto, the Lease Agreement shall terminate in accordance with its terms and improvements thereon located in Jefferson County, shall revert to Jefferson County for its use and ownership. Any cost for liabilities incurred by the Shelter during the termination of this Agreement and as an expense of termination shall be borne by each party to the Agreement in the same proportion as it is required to contribute to the assessments in Part 3 Section II , whether such assessments have terminated or not except, if the debt service on the COPs is not fully paid, the County shall not pay any part of the remaining Shelter liability and the proportion of each municipal party shall be adjusted to pay the full amount of the Shelter liability without the County participation. G. TERMINATION FOR REASON OTHER THAN NONAPPROPRIA TJON. Termination of the Agreement for any reason other than nonappropriation of funds shall not relieve the terminating party of the obligation to make the payments to the Licensing Administrator as provided in Part 2 or pay the party 's assessment to the County as provided in Part 3. H. DISBURSEMENT OF FUND UPON TERMlNATION. If this Agreement is terminated , the Licensing Administrator shall first pay the County any monies it holds from the 13 dog licensing revenue, except its costs of administration prior to termination of the Agreement, to pay the County for the cost of any remaining debt service on the COPs issued to pay for the cost of constructing the Facility. The Shelter shall pay any funds it holds beyond its expenses incurred prior to the termination of this Agreement to the County to cover any remaining cost of the debt service on the COPSs . This provision and the provisions of Part 2 , Article II, Section B; Part 2 , Article Y ; Part 3 , Atticle II; Part 4 , Article I, Section A , Band C and Article 11., shall survive termination of this Agreement. III. AMENDMENT This Agreement may be amended at any time in writing by agreement of all the parties to this Agreement except that the Agreement may also be amended as set for the in Patt 4 , Section X. IV. SEVERABILITY CLAUSE If any provisions of this Agreement or the application thereof to any party or circumstances are held invalid , such invalidity shall not affect other provisions or applications of the Agreement which can be given effect without the invalid provision or application , and to this end, the provisions of the Agreement are declared to be severable. V. COUNTERPARTS This Agreement may be signed in counterparts, and each counterpart shall be deemed an original , and all the counterparts taken as a whole shall constitute one and the same instrument. The Agreement shall not be effective until executed by all parties. Yl. NO THIRD PARTY BENEFICIARIES Except as otherwise stated herein , this Agreement is intended to describe the rights and responsibilities of and between the parties and is not intended to , and shall not be deemed to , confer rights upon any persons or entities not named as parties , limit in any way governmental immunity and other limited liability statutes for the protection of the parties , nor limit the powers and responsibilities of any other entity not a party hereto. Nothing contained herein shall be deemed to create a partnership or joint venture between the parties with respect to the subject matter hereof. VII. SUPERSEDES AND AMENDS PRIOR AGREEMENTS This Agreement supersedes and replaces all prior agreements dealing with formation of the Shelter including but not limited to the Intergovernmental Agreement dated for reference purposes only January I. 1998 , and the Intergovernmental Agreement for the County Wide Licensing Program dated for reference purposes only June 20, 2007 and any amendments to those agreements. The Facility Funding IGA shall remain in full force and effect except as amended herein . To the extent Facility Funding IGA says the County is solely responsible for 14 the Facility Debt Service for the COPs the Facility Funding IGA is amended by Part 3 Article II(C). VIII. NONDISCRIMINATORY POLICY The Shelter shall make its services, facilities , and programs available to all persons regardless of race, color, age , creed , national origin, sex , or disability. IX. NO GENERAL OBLIGATION INDEBTEDNESS Because this Agreement will extend beyond the current fiscal year, the parties understand and intend that the obligation of the parties to pay any costs hereunder constitutes a current expense of the parties payable exclusively from the parties ' funds and shall not in any way be construed to be a general obligation indebtedness of the parties within the meaning of any provision of Article XI of the Colorado Constitution , or any other constitutional or statutory indebtedness. None ofthe parties has pledged the full faith and credit of the state , or the parties to the payment of the charges hereunder, and this Agreement shall not directly or contingently obligate the parties to apply money from , or levy or pledge any form of taxation to , the payment of any costs. X. JOINDER OF THE CITY OF EDGEWATER All parties agree that the City of Edgewater ("Edgewater") may become a party to this agreement by adopting a dog license ordinance in compliance with the terms of this Agreement and Edgewater's properly executing this Agreement in counterpart. Upon Edgewater's execution of a counterpart of this Agreement the parties and Edgewater agree that this Agreement shall be deemed amended with Edgewater being deemed a party to this Agreement and Edgewater being subject to all the terms and provisions of this Agreement except Edgewater shall not be responsible for payment under the terms of the Facility Funding IGA without amendment to the Facility Funding lGA as provided therein. Calculation for the Compliance Rate for Edgewater shall be prorated for the first year from the date Edgewater executes the Agreement until the following June 301h. 15 IN WITNESS WHEREOF, the parties have executed this Agreement. ATIEST: Deputy Clerk and Recorder APPROVED AS TO FORM : Ga y Ummel Assistant County Attorney JEFFERSON COUNTY , STATE OF COLORADO By ______________________ _ Donald Rosier, Chairman Board of County Commi s sioners Date : ---------------------- 16 ATTE ST: City Clerk APPROVED AS TO FORM: Office ofthe City Attorney CITY OF ARVADA , STATE OF C OLORADO By ____________________ __ Name & Title: ------------- Date: ------------------- 17 ATTEST: City Clerk APPROVED AS TO FORM: Office ofthe City Attorney CITY OF LAKEWOOD STATE OF COLORADO By ____________________ ___ Name & Title: -------------- Date: -------------------- 18 ATTEST: City Clerk APPROVED AS TO FORM: Office ofthe City Attorney CfTY OF GOLDEN STATE OF COLORADO By ____________________ __ Name & Title: ------------ Date: ------------------- 19 ATTEST: City Clerk APPROVED AS TO FORM: Office of the City Attorney CITY OF WHEAT RIDGE STATE OF COLORADO By ____________________ ___ Name & Title : -------------- Date: -------------------- 20 AITEST: City Clerk APPROVED AS TO FORM: Office ofthe City Attorney CITY OF WESTMINSTER STATE OF COLORADO By ____________________ __ Name & Title: ------------- Date: __________________ _ 21 ATTEST: City Clerk APPROVED AS TO FORM: Office ofthe City Attorney CJTY OF EDGEWATER STATE OF COLORADO By ____________________ __ Name & Title: ------------- Date: ------------------- 22 ~~j~ ... ~ City of .. ~WheatRi_dge ~OLICE DEPARTMENT TO: THROUGH: FROM: DATE: SUBJECT: Memorandum Mayor DiTullio and City Cou ~cj\ Patrick Goff, City Manager SJJCJ Daniel Brennan , Police Chief Tracy Wardell , Sergeant Crime and Traffic Team July 9 , 2012 Adoption of the 2010 Model Traffic Code Cities and towns possess the authority to regulate traffic within their respective jurisdictions. Many Colorado municipalities do this through the adoption by reference of the Model Traffic Code for Colorado (MTC). The MTC is a comprehensive set of traffic rules and regulations promulgated and published by the Colorado Department of Transportation (CDOT). The MTC generally mirrors the traffic laws adopted by the State Legislature, as codified in Title 42 of the Colorado Revised Statutes. The 2003 edition of the MTC was previously adopted by the City, and currently governs traffic in Wheat Ridge. CDOT has published a 201 0 edition of the MTC , which contains certain changes and updates to the 2003 edition, some of which reflect changes in state law. The 2010 edition of the MTC is the most recent edition published by CDOT. This ordinance would adopt the 2010 MTC by reference , to bring the City's comprehensive set of traffic rules and regulations closer to uniformity with the traffic laws of the state and with other jurisdictions that have adopted the 2010 MTC. The Model Traffic Code is typically revised by the CDOT every three to four years to incorporate the most recent changes to state law. The 2003 revision stood until 2009 ; however the 2009 version was found to have significant errors and was not adopted . The 2010 version corrects those errors and is the most current version. City staff from the Police Department and Municipal Court have collaborated and made the recommendations set forth in this memo. Police Department staff compared the 2003 and 2010 editions of the MTC to identify the differences between the two. A summary of those differences , prepared by the Police Department, is noted below for your reference. The entire 2010 MTC is on file and available for review in the office of the City Clerk. This ordinance would adopt the entire 2010 MTC by reference and then make certain amendments to it. The amendments made to the 2010 MTC are largely the same as the amendments made to the 2003 MTC. July 9 , 2012 StaffReport-Adoption ofthe 2010 Model Traffic Code Page 2 of2 Amendments include: (1) MTC Section 235 , concerning minimum standards for commercial vehicles , allows for the inspection, enforcement, and impoundment ofthose vehicles. (2) MTC Section 236 , concerning child restraint systems , is amended to reflect current state law requirements. Staff identified that the 201 0 MTC failed to reflect the most recent legislation on child restraint systems. (3) MTC Sections 501 and 509 , concerning the penalty for size and weight violations , allows for the current standards to be enforced. ( 4) MTC Part 10 , concerning driving, overtaking and passing in bike lanes , prohibits these activities. (5) MTC Section 1101 (2), concerning speed limits , sets the 25 mph limit for all streets unless posted otherwise. (6) MTC Section 1203 , concerning parking of major vehicles, aligns the MTC with current Wheat Ridge ordinances. (7) MTC Section 1204 , concerning stopping, standing, or parking in specified places , prohibits parking in these areas except by emergency vehicles. (8) MTC Section 1208 , concerning parking privileges for persons with disabilities , allows Municipal Court to set the fines . (9) MTC Section 1407 , concerning spilling of loads on highways , allows the City to recover cleanup costs. (10) MTC Section 1416 , concerning driving through private property or driveways , prohibits this activity. (11) MTC Section 1417 , concerning traffic violations in certain zones, doubles fines in school and construction zones . (12) MTC Section 1701 , is amended to maintain the City 's current classification of traffic infractions and criminal traffic offenses and to provide the penalty ranges for infractions (a fine up to $1 ,000), and offenses (a fine up to $1 ,000 and /or imprisonment for up to one year). Section 1701 of the 2010 MTC , as published by CDOT, contains a detailed penalty schedule for violations of particular MTC sections. Staff recommends maintaining the current maximum penalty ranges for infractions and offenses generally, to permit the Municipal Court Judge to impose penalties that are appropriate to all the particular facts and circumstances of a case. (13) Part 18 ofthe 2010 MTC, as published by CDOT, addresses abandoned vehicles and tow procedures . The Wheat Ridge Code of Laws regulates abandoned vehicles and towing under Article III of Chapter 13 . Part 18 of the 2010 MTC is therefore unnecessary, and is deleted. A cross-reference to sections within Part 18 is also deleted from Section 13-43 of the Code. Staffrecommends that this ordinance, if adopted , become effective on November 1, 2012 , allowing for the Court and Police Records Management Systems to be upgraded to reflect these changes , and for new summons to be ordered reflecting these changes. TO: CC: FROM: DATE: RE: MURRAY DAHL KUEGHENMEISTER RENAUD LLP Mayor and City Council Patrick Goff, City Manager Gerald E. Dahl, City Attorney July 11, 2012 Draft Ordinance Regarding Amplified Sound At its study session on July 2, Council reviewed the draft amplified sound ordinance. Council directed that the ordinance be revised and brought back at the July 16 study session . The requested revision is attached. As Council will recall , the original concept was to create a permit system for amplified sound events , separate and apart from the City's noise ordinance, Code 16-103. The permit holder would be exempt from certain provisions of the noise ordinance. After discussion on July 2, Council directed that the ordinance be revised to simply add to the existing noise ordinance, and to eliminate the permit system. These changes have been made in the attached revision: • The attached is a revision ofCode 16-103. The new material is shown in bold face type. • The definitions of "amplified sound ," "event ," and "event location " from the prior draft are retained. • The amplified sound portion is at new subsection (c). • Notice that amplified sound is allowed during the hours from 9am to 9pm weekdays , and 9am to 1 Opm weekends. • Amplified sound events during this period of time are exempt from (b)(2) and (b)(3) of the noise ordinance -shown at the top of the same page. • Enforcement of amplified sound restrictions by the police department is under the reasonableness standard at (c)(3), which measures the event at the property line of the complaining party. I look forward to your comments on this draft on July 16. CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___ _ Council Bill No. __ _ Ordinance No . ---- Series 2012 TITLE : AN ORDINANCE AMENDING SECTION 16-103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING UNREASONABLE NOISE WHEREAS , the City of Wheat Ridge , acting through its City Council , has authority under Article XX of the Colorado Constitution , its Home Rule Charter and C.R.S. 31-15- 101 et seq. to adopt and enforce requirements for the protection of public health , safety and welfare; and WHEREAS , in the exercise of this authority, the Council has previously adopted Section 16-1 03 of the Wheat Ridge Code of Laws concerning unreasonable noise ; and WHEREAS, the Council wishes to provide an opportunity for amplified sound on private property , in order to encourage local businesses and to promote local social activities , subject to conditions imposed to protect the interests of the surrounding neighborhood. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE , COLORADO: Section 1. Section 16-103 Unreasonable noise; disturbing the peace of the Wheat Ridge Code of Laws is amended to read as follows: (a) Definitions. For the purposes of this section, the following terms shall have the meanings indicated: Amplified sound shall mean any music or sound produced out of doors by means of electronic or mechanical amplification, and shall include the use of drums, horns and percussion instruments. Sound-amplifying equipment shall mean any machine or device for the amplification of a human voice, music or any other sound, or by which the human voice, music or any other sound is amplified. Unreasonable noise shall mean any excessive or unusually loud sound, or any sound which disturbs the peace and quiet of any neighborhood or causes damage to any property or business. Event shall mean an outdoor event at which amplified sound is permitted pursuant to this section. Event location shall mean the real property at which an amplified sound event is held, extending to the exterior property lines thereof. In the case of a residential neighborhood "block party" or similar function, the event Location shall be the public street used for the event. (b) It is unlawful for any person to intentionally, knowingly, or recklessly make, continue or cause to be made or to permit or assist another to make, continue or cause to be made, any unreasonable noise which, under all of the circumstances presented, would annoy, injure or endanger the comfort, repose or peace of a person of ordinary sensitivities . The following noises and circumstances shall be deemed as prima facie unreasonable in the context of the above standards: (1) Any noise or sound which is audible twenty-five (25) or more feet from a mobile noise or sound source . (2) Any noise or sound which is audible within a private residence that the person responsible for the sound has no right to occupy, specifically including but not limited to apartments , common interest communities and other multiunit dwelling structures . (3) Any noise, sound source or any person or group of persons engaged in loud and continuing activities which are audible twenty- five (25) or more feet from the noise source or at the property line of the property upon which the noise source is located or upon which such activities are taking place , continuing for a minimum of fifteen (15) minutes . ( 4) Any person performing or permitting the performance of trash pickup with a truck which has a compactor or the capacity to raise and dump dumpsters in any area zoned for residential uses between the hours of 11:00 p.m. and 7:00a.m. For purposes of this paragraph, testimony that the name of a business which holds itself out as being in the business of trash hauling was written on the trash truck shall be prima facie evidence that the trash truck was owned by and under the control of the employer so identified. {c) Amplified Sound. Amplified sound on private property is permitted under this Section under the following conditions: {1) No person shall use or operate any loudspeaker, public address system, or other sound amplifying equipment for the purpose of giving instructions, directions, talks, addresses or lectures, or for transmitting music or sound to any persons or assemblages of persons, outside the hours of 9:00 a.m. and 9:00 p.m. Sunday -Thursday and 9:00 a.m. to 10:00 p.m. Friday and Saturday in such a manner as to be plainly audible at the property line of the complaining party. The intensity and loudness of any amplified sound, which is transmitted between the hours of the above stated days and hours shall not be unreasonable. (2) An amplified sound event shall be exempt from the provisions of (b)(2) and (b)(3) of this section. (3) No person shall use or operate any loudspeaker, public address system, or other sound amplifying equipment in a motor vehicle in such a manner as to be plainly audible at twenty-five feet from a motor vehicle. (4) The provisions of this section shall not apply to any bell or chime or any device for the production or reproduction of the sound of bells or chimes from any church, clock, or school. (5) The provisions of this section shall not apply to sound made on property owned by, controlled by, or leased to the city, the federal government, or to any branch, subdivision, institution or agency of the government of this state or any political subdivision within it, and when such sound is made by an activity of the governmental body or sponsored by it or by others pursuant to the terms of a contract, lease, or permit granted by such governmental body. (6) The police department shall have the authority to cite violators and require any person to reduce the sound volume, curtail the hours of any amplified sound event, or close the event entirely if the department determines that the event, evaluated at the property line of the complaining party, constitutes an unreasonable burden on the surrounding neighborhood. (d) Any activity or noise source conducted or caused by an activity conducted, sponsored or approved by the city shall be exempt from the requirements of this section. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication , as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of_ to _ on this __ day of July, 2012, 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 , 2012 at 7:00 p.m., in the Council Chambers, 7500 West 29 1h Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of_ to _, this day of , 2012. SIGNED by the Mayor on this __ day of _____ , 2012. ATIEST: Janelle Shaver, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald E. Dahl, City Attorney