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HomeMy WebLinkAboutCity Council Agenda Packet 12/08/20146 :45-Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING December 8, 2014 7 :00p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge Call Heather Geyer, Administrative Services Director, at 303-235-2826 at least one week m advance of a meeting if you are interested in participating and need inctus1on assistance. CALL TO ORDER PLEDGE OF ALLEGI ANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF O c tober 27,2014 and November 3 , 2014 PROCLAMATIONS AND CEREMONIES National Impaired Driving Prevention Seniors ' Resource Center-National Award Recognition CITIZENS ' RIGHT TO SPEAK a . Citizens, who wish , may speak on any matter not on the Agenda f o r a m aximum of 3 Minutes and si gn the Public Comment Roster. b . Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARIN G ROSTER before the item is called to be heard . APPROVALOFAGENDA .1:. CONSENT AGENDA a . Resolut ion 58-2014-designating the City Hall Lobby as the Officia l Public Notice Posting Location and the Wheat Ridge Transcript as the Official Newspaper of General Ci rculation f or the City Publications in 2015 .!2:_ Motion to ratify the Mayoral Reappointment of Tim Rogers to District Ill of the Wheat Ri dge Urban Renewal Authority dba Renewal Wheat Ridge , term to expire November 30,2019 CITY COUNCIL AGENDA: December 8, 2014 Page -2- CONSENT AGENDA con 't c . Motion to approve the annual Police Radio System contract payment to the West Metro Fire Protection District in the amount of $83,401 .43 for Police Radio System Services d . Resolution 65-2014-approving an Intergovernmental Agreement between the City of Wheat Ridge and Renewal Wheat Ridge establishing the Rights and Responsibilities regarding operational assistance and finding . e . Resolution 66-2014-amending the Fiscal Year 2014 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $77 ,662.80 for a Deposit to purchase Solar Panels in the Clean Energy Collective Community-owned Solar Array t. Resolution 62-2014-amending the Fiscal Year 2014 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $25,000 for City Attorney Fees PU BLIC HEAR ING S AND ORDINANC ES O N SEC ONG READING 2. Resolution 57-2014-Adopting the City Budget and appropriating sums of money to the various funds and spending agencies in the amounts specified for the City of Wheat Ridge , Colorado for the 2015 Budget Year 3. Council Bill15-2014 -approving the rezoning of property located at 6904-6940 W . 48th Avenue from Residential-Three (R-3) to Planned Residential Development (PRO) (Case No. WZ 14-05/Somerset) 4 . Resolution No. 59-2014-approving a specific Development Plan for a Planned Residential Development (PRO) located at 6904-6940 W . 481h Ave. (Case No. WZ-14- 05/Somerset) 5 . Resolution No. 60 -2014-approving a 19-lot Subdivision Plat with Right-of-way dedication for property zoned Planned Residential Development (PRO) and located at 6904-6940 W . 48t h Ave. (Case No . WS-14-01/Somerset) 6 . Resolution No. 61-2014-approving a 20-lot Subdivision Plat with Right-of-Way dedications for property zoned Planned Residential Development (PRO) at 7671 W . 32"d Ave. and 3299 Wadsworth Blvd (Case No . WS-14-04/Yukon Grove) ORDINANCES ON FIRST READING 7 . Council Bill No.16-2014-approving the rezoning of property located generally at 3400 Youngfield Street from Neighborhood Commercial (NC), Restricted Commercial (RC), and Commercial-one (C-1) to Planned Comme rcial Development (PCD) and for approval of an Outline Development Plan (Case No. WZ-14-09/Applewood Village Shopping Center) 8 . Council Bill No. 17-2014-vacating any interest held by the City in a portion of 441h Avenue , a public roadway CITY COUNCI L AGENDA: December 8 , 2014 Page -3- DECISIONS, RESOLUTIONS AND MOTIONS ~ Reso lution 63-2014-Levying General Property taxes for the year 2014, to help defray the costs of government for the City of Wheat Ridge , Colorado for the 2015 Budget Year 10. Mot ion to elect the Mayor Pro Tempore llResolution 64-20 14 approving an Intergovernmenta l Agreement with the Urban Drainage and Flood Control Dist rict and the Regional Transportation District for the construction of drainage and flood control improvements for the Arvada Channel, between Miller St. and Oak St. CI TY MANAGER 'S MATTERS CI TY ATTORNEY'S MATIERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING October 27, 2014 Mayor Jay called the Regular City Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLLCALL OF MEMBERS Jerry DiTullio Kristi Davis Bud Starker Tim Fitzgerald Absent: Tracy Langworthy Zachary Urban Genevieve Wooden George Pond Also present: City Clerk, Janelle Shaver; City Treasurer, Larry Schulz; City Attorney, Gerald Dahl; Division Chief, Joe Cassa; City Manager, Patrick Goff; Community Development Director, Ken Johnstone; other staff and interested citizens. APPROVAL OF MINUTES OF October 13.2014 There being no additions or corrections, the Minutes of October 13, 2014 were declared approved as published. PROCLAMATIONS AND CEREMONIES Amanda Weaver from Five Fridges Farm and Carol Sue Fricke!, WR citizen, told about the farm-to-table project between Kullerstrand Elementary School, Five Fridges Farm, and CU Denver. Student volunteers and community groups helped with the garden to get fresh vegetables into the Backpacks that are donated to Title 1 families at Kullerstrand. CITIZENS' RIGHT TO SPEAK Jill Fellman, Jeffco School Board, reported some news from the school district.-There were recent exterior upgrades at Kullerstrand.-Prospect Valley has a STEM program for 3rd and 4th grade girls.-Pennington and WRHS received grants from a credit union that will be used for enrichment classes (Pennington) and new practice football equipment (WRHS).-30,000 high schools were rated by US News & World Report; Jeffco had 6 in the top fifty and WRHS is #29. -The first student town hall was held at Alameda HS recently. Jeff Gomez from Everitt Middle School spoke about his school. With 70% of the students on free/reduced lunch and 50% being minorities they are trying to change the City Council Minutes October 27, 2014 Page 2 perception of their school by focusing on critical thinking and academics. They have 14 clubs, a partnership with WRHS students who come in Mon-Thurs to help with homework club, and high expectations for their students. Kim Harr (WR) thanked a long list of individuals, organizations, and businesses who helped with Trunk or Treat on Saturday. Mary Fedje (WR) encouraged a yes vote on ballot issues 2A and 2B. She thinks 2A is needed to beautify our older city and 2B is a bargain for $9.3 million. Monica Duran (WR) thinks $9.3M for 8 blocks on 38th Ave . is fiscally irresponsible and the road diet has been too few voices and too many questions. She encouraged a no vote on 2B. Robin Chalker (WR), coach, introduced the Prospect Valley Destination Imagination team. This year's team has chosen education on the dangers of marijuana and edibles as their challenge . It's called Pot Stoppers. Team members Jack Cudahy (LW), Emily Chalker (WR), Matthew Chalker (WR), and Sonja Morin (WR) introduced themselves. John Clark (WR) reported attending the study session on the budget and noted there was no mention of the $9 .3 M for 38th Avenue. Where will the money come from? Will it come from 2A? Why have all the Councils who've worked on this "vision" over the years never talked about how to pay for it? He thinks 38th is booming well without it. Guy Nahmiach (WR) said 2B is not about sidewalks; it's about a life style. People move to WR so they can walk and not drive. He supports 2B . -As president of the Everitt PTA he challenged every PTA to invite people to their schools to discuss the dangers of marijuana/edibles. -As a realtor he wants our city to be friendlier to builders and investors . He asked that the Building Code Advisory Board be modified to be made up of builders, city officials, realtors, contractors, and investors who could address issues and make suggestions to City Council on how to better communicate and manage the growth we are experiencing. APPROVAL OF THE AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill14-2014--Imposing a Temporary Moratorium on the submission, acceptance, processing, and approval of applications and requests for a permit, license, land use approval or other approval for any Medical Marijuana Establishment. Councilmember Wooden introduced Item 1. The current emergency moratorium on applications for marijuana businesses will expire November 17, 2014. This ordinance will add another 120 days to the moratorium thereby providing City Council more time to review, evaluate and possibly amend the City's marijuana regulations. City Council Minutes October 27, 2014 Mayor Jay opened the public hearing. Clerk Shaver assigned Ordinance #1560. Public Comment Page 3 Cara Jakab (WR) suggested the number of medical marijuana centers in WR be capped at 5 and manufacturers at 3. She doesn't think we need our marijuana stores to outnumber our libraries and grocery stores . She agrees that marijuana use is a parenting issue, but also feels it is the responsibility of the community and its leaders. Kevin Cheney (Broomfield) works at the Boulder law firm that represents Babak Behzadzadeh, the owner of the property at 38th & Miller. He gave a character reference for Babak, who he said has followed every rule, regulation and request of the City to the letter. -Mr. Cheney outlined details of meetings with City staff who advised that if the gas tanks were removed a special use review could be avoided and they could grant an administrative approval for the marijuana facility. -He testified that Babak spent over $650,000 for the property and doing everything the City asked. Now Council has changed the rules and stopped Babak from having his dream of owning a dispensary. - He advised Council that Babak has been and remains willing to compromise to address the issues of the neighbors. Elaine Morin (WR) spoke of the realities she has learned since marijuana has come to WR. She listed a number of current and future negatives effects including declining property values in neighborhoods near pot shops, community friendly businesses that won't locate here, a decline in being a family friendly city, an impact on community safety, a reputation for being a pot city, and the Wheat Ridge Farmers becoming the butt of jokes. She urged Council to support a ban on all new marijuana stores and no expansion of existing ones. Becky Grant (WR) noted the reason given for not allowing Mr. Ketelsen to have an electric fence to protect his business was that it's near a school and children could be harmed by it. She compared the temporary pain of touching an electric fence to the numerous long-lasting negative effects marijuana can have on children. She encouraged Council to quit grandstanding about wanting to protect children and actually do something about it by making the moratorium on marijuana establishments permanent. Roger Morin (WR) questioned the proposal to limit grow operations to 5,000 sq ft for each of the five stores. This would be 25,000 sq ft. (at least 200% more than we need). He used math, data from the Dept of Revenue, information from the Rand Corporation, and census data to illustrate that WR only needs about 8,500 sq ft. of growing space to serve its residents. He urged Council to be concerned about the health and welfare of all its citizens as marijuana is not without significant side effects and health concerns -- especially for heavy users. He also urged Council to consider ordinances to help with all substance abuse addictions. Denise Klinger (WR) asked for clarification on some items that were posted . Regarding adding 1,000 feet separation from WR parks and recreation facilities, she City Council Minutes October 27, 2014 Page4 asked if retail marijuana stores are separate from a grow operation? She also asked why the WR Recreation Center was exempted as a day care center in the separation calculations? -Mayor Jay informed her that her questions were not appropriate for this hearing on a moratorium, but that those issues would be discussed at a later date. -Mrs. Klinger said she would like to see WR stay a family place and not have people coming in to buy the excess marijuana . Babak Behzadzadeh (Englewood), owner of the property at 38th & Miller, is a registered pharmacist who wants to open a marijuana store. He said he met with City staff in June several times . He was told the property was zoned C-1 and if he removed the gas tanks he could put in a marijuana shop by administrative decision . He reported asking what an administrative decision was, and was told it meant there would be no public meeting. He subsequently purchased the land, removed the gas tanks and about when he was ready to turn in his application the moratorium was passed.-He told Council he is happy to meet with the neighbors to address any issues, such as noise, smell, building size, and building orientation . He is planning a professional looking building. Ronna Burrows (WR), WRHS Class of 1974 and former teacher said she wants the image of Wheat Ridge to be a wholesome place to raise kids not a mecca for adult businesses .-The 1000 foot buffer zone does not protect the children whose bedroom is 20 feet from a marijuana shop property or the many children who live nearby. -The gas station that was there does not make this an industrial area. -Grow operations vent the air twice a day. The ongoing smell of skunkweed will permeate the area , Cambridge Park and the Recreation Center. -She reminded Council that retail stores haven't stopped the black market and listed other negative impacts of marijuana on the community. Patti Lazzari (WR) thanked Council for extending the moratorium because there is so much information to study. She presented the councilmembers with copies of a brief handout from SAM -Smart Approaches to Marijuana for reference during their study. Fran Langdon (WR) reminded Council to do their due diligence when deciding the future of marijuana in WR. Amendment 64 did not say every city has to have marijuana shops and she listed remarks she has heard from Council that are disappointing to her . She said sign spinners didn 't stop because they are good neighbors; they stopped because the state said it was illegal. She 's concerned that a pharmacist is promoting this business and cited a recent news article about marijuana dealers buying bulk candy from Costco and spraying hash oil on it. She doesn't want WR to be known as the best place to get drugs Steve Miller (WR) lives four houses from 38th & Miller and supports the moratorium . Jennifer Shepherd (WR) said the City is setting up the perfect recipe for drug use- increased availability, increased social acceptance, and decreased perception of harm. She told of Facebook posts by the businesses that welcome stoners and contradict information from the health department. City Council Minutes October 27, 2014 Page 5 Jennifer Yates (WR) would like to see a ban on all future marijuana facilities, but appreciates the willingness to limit the size and number of future facilities . She favors the 1,000 foot separation measured in a straight line. She related seeing people across from Paramount Park near Chronic Therapy taking hits off a bong. -She favors leaving in-home day cares left on the map for a year after they close to prevent marijuana businesses from buying them out. -She thinks state signage restrictions are adequate; enforcement is the problem. If they aren't following the signage rules, what other rules are they not following? There was no staff presentation. Mayor Jay closed the public hearing . Motion by Councilmember Wooden to approve Council Bill14-2014, an ordinance imposing a temporary moratorium on the submission, acceptance, processing, and approval of applications and requests for a permit, license, land use approval or other approval for any medical marijuana establishment or retail marijuana establishment on second reading, and that it take effect 15 days after final publication; seconded by Councilmember DiTullio; carried 7-0. 2. Resolution No. 55-2014 -Determining that the parcel commonly referred to as a strip of land adjacent to 12525 W . 32"0 Ave. is blighted as that term is defined at C.R.S. § 31-25-105.5(5)(a), and authorizing the Wheat Ridge Urban Renewal Authority to use Eminent Domain to acquire the parcel and to subsequently transfer it to a private party This involves a five-foot strip of property totaling 775 sq ft adjacent to the Applewood Shopping Center for which no owner can be found. The land is not buildable due to size constraints and has been tax delinquent for over 20 years. With City Council approval Colorado Revised Statutes authorize the Urban Renewal Authority to obtain the property through eminent domain. All required steps have been followed to allow condemnation proceedings to begin. Following acquisition of the property Urban Renewal will transfer ownership to U.S. Retailers for development with the larger shopping center. Councilmember Davis introduced Item 2. Mayor Jay opened the public hearing. Councilmember Davis noted the property is five feet wide. Councilmember Urban asked what steps have been taken by the City, apart from efforts by the developer, to find the owners of the property. -Mr. Dahl said title work has been done. He speculated that it's likely two previous surveys didn't touch each other resulting in a survey error that was repeated over time. This is not uncommon in inner- ring suburbs where development and redevelopment has taken place over time. He believes the use of eminent domain is the best way to clear up the title. No owners can City Council Minutes October 27, 2014 Page 6 even be identified, so this is one of the few times when it's recommended that Council give permission for Urban Renewal to exercise its power. Councilmember Starker asked if there is any reason to believe there is environmental contamination on or under this piece of property. Mr. Goff doesn't believe there is. U.S. Retailers (aka Regency) would be responsible for that. He believes a Phase 1 was done and nothing was identified. Motion by Councilmember Davis to approve Resolution No. 55-2014-Determining that the parcel commonly referred to as a strip of land adjacent to 12525 W. 32nd Ave. is blighted as that term is defined at C.R.S. § 31-25-1 05.5(5)(a), and authorizing the Wheat Ridge Urban Renewal Authority to use Eminent Domain to acquire the parcel and to subsequently transfer it to a private party; seconded by Councilmember Fitzgerald. Mayor Jay closed the public hearing. Mr. Dahl clarified that this was not a quasi-judicial matter and speakers didn't need to be sworn in. Motion carried 7-0 . ORDINANCES ON FIRST READING 3. Council Bill No. 15-2014-approving the rezoning of property located at 6904- 6940 W . 48th Avenue from Residential-Three (R-3) to Planned Residential Development (PRO) (Case No. WZ-14-05/Somerset) Councilmember Urban introduced Item 3. The applicant is requesting this zone change to allow the existing condominiums to be converted to townhomes. This would provide new options for affordable ownership and may promote owner occupancy. No new development is being proposed -only a change in the type of ownership. The Planning Commission heard the request in October 16, 2014 and recommends approval. Fees totaling $2,094 were collected for the review and processing of this case. Motion by Councilmember Urban to approve Council Bill 15-2014-approving the rezoning of property located at 6904-6940 W . 48th Avenue from Residential-Three (R-3) to Planned Residential Development (PRO) (Case No. WZ-14-05/Somerset); seconded by Councilmember Starker; carried 7-0. DECISIONS, RESOLUTIONS AND MOTIONS 4. Resolution 56-2014-concerning the acquisition of private property for the purpose of constructing, installing, maintaining and using Public Improvements City Council Minutes October 27, 2014 Page 7 for the Tabor Street Multi-Modal Improvements by either negotiation and voluntary purchase or, if necessary, through the utilization of the City's power of Eminent Domain , and authorizing such action as necessary to accomplish said purposes Councilmember Wooden introduced Item 4 . Since federal funds for the Gold Line station are also being used to widen Tabor Street and build sidewalks and bike paths ($740,228), one of the requirements is for City Council to approve a resolution authorizing the acquisition of public rights-of- way. This resolution authorizes the City Manager or his designee to acquire the necessary properties through good faith negotiations based on fair market value or begin condemnation proceedings if necessary. In this case the City has hired the right-of-way consultant H .C . Peck & Associates to perform that work. Construction is expected to begin in early summer 2015. There was no staff presentation , no public comment, and no questions from Council. Motion by Councilmember Wooden to approve Resolution 56-2014 a resolution concerning the acquisition of private property for the purpose of constructing, installing, maintaining and using public improvements for the Tabor Street multi- modal improvements by either negotiation and voluntary purchase or, if necessary, through the utilization of the City's power of eminent domain, and authorizing such action as necessary to accomplish said purposes ; seconded by Councilmember DiTullio ; carried 7-0 . 5 . Motion to approve payment of the Sales Tax Increment for September of Fiscal Year 2014 from the Town Center Project in the amount of $75 ,170.52 to Renewal Wheat Ridge Councilmember Davis introduced Item 5. The Town Center Urban Renewal Plan includes the commercial area east of Wadsworth between 38th and 44th. The 25 year plan started in December, 1981 . It has been extended twice and was amended in 2011 to increase the payment from 50% to 100% of the sales tax increment share back. It expires December 31, 2014. Mr. Goff noted that at next Monday's study session there will be a discussion about a new arrangement with Urban Renewal and extending this IGA. Motion by Councilmember Davis to approve payment of the sales tax increment for September of fiscal year 2014 from the Town Center Project in the amount of $75 ,170.52 to Renewal Wheat Ridge ; seconded by Councilmember Wooden; carried 7-0. City Council Minutes October 27, 2014 Page 8 6. Motion to cancel the Regular Meetings of the Wheat Ridge City Council on November 24 and December 22 , 2014 , due to the Thanksgiving and Christmas Holidays Councilmember Fitzgerald introduced the item . Motion by Councilmember Fitzgerald to cancel the regular meetings of the City Council on November 24 and December 22 , 2014 , due to the Thanksgiving and Christmas Holidays ; seconded by Councilmember Davis ; carried 7-0 . CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS MATTERS Jerry DiTullio explained that speakers are only sworn in on quasi-judicial land use matters . Zach Urban encouraged everyone to get out and vote. Genevieve Wooden thanked everyone who came out to speak tonight and thanked everyone who participated and supported Trunk or Treat. ADJOURNMENT The City Council Meeting adjourned at 8:28 pm . Janelle Shaver, City Clerk APPROVED BY CITY COUNCIL ON December 8 , 2014 Kristi Davis , Mayor Pro Tern The preceding Minutes were prepared according to §47 of Robert 's Rules of Order, i.e . they contain a record of what was done at the meeting , not what was said by the members. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk 's Office, as well as copies of Ordinances and Resolutions. STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue November 3, 2014 Mayor Jay called the Study Session to order at 6:30 p.m. Council members present: Bud Starker, Kristi Davis, Zachary Urban, Tim Fitzgerald, George Pond, and Genevieve Wooden Absent: Jerry DiTullio and Tracy Langworthy Also present: City Clerk, Janelle Shaver; Treasurer, Larry Schulz; City Manager, Patrick Goff; Economic Development Manager, Steve Art; guests and interested citizens PUBLIC COMMENT ON AGENDA ITEMS APPROVAL OF AGENDA 1.:. Solar Garden Discussion --Patrick Goff Mr. Goff introduced representatives from SunS hare and CEC (Collective Energy Collective --two competing companies, to make presentations about their solar garden opportunities. Emily Artale from Lotus Engineering was also present with independent analysis of the two offers for City Council to consider. SunShare --Mark Benson, senior VP of SunShare • SunShare is Colorado based, founded in 2011 and is one of the first Community Solar Companies. They won 100% of Xcel's competitive RFP awards in 2013, including all for Jefferson County. • Current customers include the cities of Arvada and Westminster, Adams County, and the Green Mountain Water District • SunShare is partnering with NRG to leverage each other's solar expertise. • NRG is a Fortune 250 Company dedicated to solar, wind and renewable energy; largest independent power producer in the US; nation's largest sponsor of solar projects; 10,000+ employees; expertise is solar panels and system components. • SunShare offers two options: 1) Pre-Pay Option • $553,360 up front payment from the City • Cost is $2.67/watt • 20 year savings projected to be $1,641,647 • Return on investment is 296% 2) $0 down, Pay-as-you-go Option; • No money up front; more typical with cities and school districts • Pay as the system produces; City pays $0.12/kilowatt hour • 20 year savings projected to be $1,062,672 STUDY SESSION NOTES: November 3, 2014 Page -2- • No investment, so no return on investment • Mitigating risk: 1) If they don 't get up and running the City can get out of the contract and owe nothing. 2) Once operating, if they are down the City doesn 't pay Sun Share for credits not being received , but would pay Xcel the regular rate . 3) After the 20yr contract starts if the City wants out they will work with the City to transfer our capacity to someone on the wait list. From Council questions: • Savings are based on a best estimate of what utility rates will be in the future (estimated to go up 5%). With a 3% increase City would still save $700,000 over the 20 years . • The $0.12 increases at 2.9% per year and will always go up . • If SunShare cannot provide the energy the City needs , the City would have to use another provider and SunShare would not be responsible for any of those costs. CEC (Clean Energy Collective) --Amy Thompson • CEC is the largest national producer of solar systems. They have 40 producing solar systems online nationwide . • Current government customers include the cities of Lakewood , Breckenridge and Silverthorne , and Arapahoe and Summit Counties. • Immediate return on investment (not mid-2015); can begin saving money immediately . CEC 's array is up and running ; SunShare 's has yet to be built. • The array is already built ; located north of Golden • City owns their panels and can reap gains well past the 20 years ; Xcel is obligated to renew the agreement; the panels are built to last well past 20 years . A 50 year total savings could be over $12M . • The system would be paid off in 8.5 years . • 1st year payback is 10.5% maxim izing savings, minimizing risk • Return on Investment (ROI) for 20 years is 200% • The City will receive ALL of its Renewable Energy Credits -less $.02/kWh , which goes into the Operations and Ma intenance trust fund . There will be no 2 .9% escalation rate. • Financing is available through Alpine Bank ; a TABOR compliant Lease to Own; $0 down; system is purchased over 15 years if f inanced ; 5.25% interest rate. • The City has already been preapproved; a 10% refundable reservation deposit will hold your spot until you decide . • $1,571,802 in savings with the 20 year model (after the purchase is paid off) From Council questions: • A portion of the City's REC payments and some of the initial wattage payments in the first 20 years seed a Bankruptcy Remote Account to cover for hail , vandalism , etc. Th is also covers Operations and Maintenance; if CEC ceases to exist the array would function as its own LLC . This also covers insurance , the land lease and property taxes. STUDY SESSION NOTES : November 3, 2014 Page -3- • Obsolescence is expected and when panels are replaced in 25 years they will be replaced with the latest technology. • The City's highest on-bill meters would be addressed first (ball field lights, AC pumps) to provide the highest credit. Lotus Engineering --Emily Artale Emily had presented to Council in September. She returned to compare the two solar garden offers. ~ CEC City owns solar panels Payment options: one-time purchase or $0 down financing Provides both a savings stream and an income stream • Savings come from the bill credits (administered by Xcel), and • Income from RECs (administered by CEC) ~ SunShare City owns electrons Payment options: one-time pre-pay or $0 down solar services agreement (SSA) i.e. pay-as-you-go Savings stream from bill credits Benefits with either company Both have similar size and bill credit rates Both have great environmental and financial benefits Both arrays not located in the City Both will save the City money Unique benefits of each model CEC: Potential to receive additional savings after 20 yr contract period (NREL predicts solar systems to last 30 yrs, but could be longer); their solar garden is commercially operational; also earns savings from RECs (guaranteed and fixed) SunShare: City only pays for electricity generated "pay as you go" Risks for either model Neither is 100% guaranteed. Key factors (bill credit rates, consumption, generation and rates) will vary annually and are not guaranteed. The major financial risk is the variability of bill credit rates (the savings stream) which is regulated by Xcel. Ms. Artale's Recommendations • Solar gardens are a great option for the City; there are lots of benefits • The City can prepare for the risks using the right assumptions and establishing reasonable expectations • Both companies present lots of benefits and similar risks • There is no wrong choice; the best option for the City may be a function of the most appropriate business model. STUDY SESSION NOTES : November 3, 2014 Page -4- Council questions and discussion followed. Some Councilmembers expressed interest in participating. Finances are a concern. Mr. Goff summarized : Potentially larger savings over a long period of time= CEC Pay as you go with less risk = SunShare Most Councilmembers leaned towards pursuing an arrangement with CEC using the $0 Down Financing . Consensus by Councilmember Starker for staff to pursue a $0 down agreement with CEC based on their proposal. 2. City/URA IGA Renewal -Patrick Goff and Steve Art • The Wheat Ridge Town Center Urban Renewal Plan was adopted in December, 1981 . This Intergovernmental Agreement (IGA) establishes various rights and responsibilities of the City and the Urban Renewal Authority related to the commercial area between 38th and 44th on the east side of Wadsworth . The IGA addresses (1) operational assistance and (2) the sales tax increment applicable to the WR Town Center. The 25 year agreement has been extended twice and the share back of the sales tax increment was increased in September, 2011 from 50% to 100%. The IGA expires December 31 , 2014. • The amount currently returned to Urban Renewal is about $450K a year. That money is used for projects and most recently almost entirely for debt service for the property purchase at 44th & Wadsworth (Town Center Apartments). Other Authority expenses include legal fees, site improvement and ongoing maintenance. • A portion of the Town Center loan was paid down recently (which decreased the debt service). When the remaining parcels are sold (expected by year's end) there will be no more debt service and URA will not need the full $450 ,000. Mr. Goff advised that it's important to maintain a relationship with Urban Renewal and keep them active . He suggested the City could reduce their funding and recommended the IGA be renewed with the following provisions : • Urban Renewal Funding no longer be tied to the incremental sales tax from Town Center as it is a cumbersome administrative process. • The City will provide an annual lump sum of $300 ,000 to Urban Renewal for their activities (a decrease of about $150,000). Urban Renewal will no longer need to reimburse the City for salaries , rents and costs provided by the City (employees, insurance, facilities , services, supplies). • The Terms of the IGAwould be from January 1, 2015 to December 31 ,2019 . Discussion followed, centering on the following points : • Next year the $300,000 will cover debt service for 38th & Yukon and URA expenses . • Caveat: If a project arises the URA may come to the City for some loans or cash . STUDY SESSION NOTES : November 3, 2014 Page -5- • Discontinuing reimbursement requirements streamlines the process. 0fVe won 't be giving them money and then asking for it back.) • TIF financing projects would still come through the City per state statutes . • City insurance covers most URA issues. • As an income stream the URA will continue to receive property tax funds from the WR Cyclery TIF project for the full 25 years even though the sales tax part has been paid off. That money will have to be used in the 38th Ave. corridor. • Steve Art reminded Council that TIF money has to be invested in the particular area from whence it came . The URA money under discussion tonight can be used elsewhere for other projects. • This IGA could be amended annually through the budget process. Councilmember Starker received consensus to approve the IGA as presented with the slight revision in the termination provision. 3. Staff Report(s) 4 . Elected Officials ' Report(s) Genevieve Wooden noted the Education Committee met today; they have several projects in the works. Tim Fitzgerald asked for consensus to proceed with a Code change to consolidate retail MIP applications and medical MIP applications as one application for business license purposes for the purpose of product distribution and manufacture . This would benefit EBBU . He sees this as a technical correction. Mr. Goff said they are currently two separate processes. Discussion followed . -Mrs . Wooden said she is against this because it is making concess ions and doing something special for one business . -Mr. Goff clarified that the other MIPs did separate applications for each type of license. -Ms. Davis would like to discuss this with everything else at the marijuana study session in December. -Mr. Urban expressed concerns about combining areas the state maintains as separate , and isn't keen on retroactive action for one business. -Mr. Pond agreed with discussing it in December. -There was agreement to discuss this at the December 1 study session when the other marijuana regulations are reviewed . Clerk Shaver explained the cart in the back of the room . It is the equ ipment that will turn Council Chambers into a Voter Service/Polling Center tomorrow for the election. She encouraged people to vote if they haven 't already. STUDY SESSION NOTES : November 3, 2014 Page -6- ADJOURNMENT The Study Session adjourned at 8 :36 p .m . Janelle Shaver, City Clerk APPROVED BY CITY COUNCIL ON December 8 , 2014 Kristi Davis , Mayor ProTem ... ~~~ ... ~ .r City of • :?WheatRi_dge ITEM NO:~ DATE: December 8, 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 58-2014 A RESOLUTION DESIGNATING THE CITY HALL LOBBY AS THE OFFICIAL PUBLIC NOTICE POSTING LOCATION AND THE WHEAT RIDGE TRANSCRIPT AS THE OFFICIAL NEWSPAPER OF GENERAL CIRCULATION FOR THE CITY PUBLICATIONS IN 2015 D PUBLIC HEARING D BIDS/MOTIONS [gl RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING D YES State statute requires that each municipality annually establish the location for posting public notices , and designate the newspaper in which the notices will be published , except where circumstance makes publication ineffective or otherwise undesirable, the City may publish official notice on the City's website PRIOR ACTION: In previous years, the Wheat Ridge Transcript has been utilized as the City's official newspaper for publications; official posting location has been the City Hall Lobby. FINANCIAL IMPACT: None RECOMMENDATIONS: It is recommended the City continue to use the same newspaper and posting location as in previous years. Council Action Form -Designating Official Public Notice Locations December 8, 2014 Page 2 RECOMMENDED MOTION: "I move to approve Resolution No. 58-2014, a resolution designating the City Hall Lobby as the official public notice location and the Wheat Ridge Transcript as the official newspaper of general circulation for City publications in 2015 ." REPORT PREPARED/REVIEWED BY; Kelly K. Stevens, Deputy City Clerk Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 58-2014 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 58-2014 Series of 2014 TITLE: A RESOLUTION DESIGNATING THE CITY HALL LOBBY AS THE OFFICIAL PUBLIC NOTICE POSTING LOCATION AND THE WHEAT RIDGE TRANSCRIPT AS THE OFFICIAL NEWSPAPER OF GENERAL CIRCULATION FOR THE CITY PUBLICATIONS IN 2015 WHEREAS, the Colorado Revised Statutes require municipalities to designate official public notice and publication locations for legal notices; and WHEREAS, such locations must be approved by the governing body of the municipality annually; and WHEREAS, the City is required by Charter, Ordinance and State Law to publish certain notices. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. Public notice of public meetings of the City Council, Planning Commission, Board of Adjustment, and all other Board, Commission, Committee, and advisory board meetings for which public notice is required, shall be posted on the first floor at the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado, which location shall be deemed the official posting location for the City. Section 2. Except as otherwise permitted by Sections 5 .2 and 5.12 of the Charter, notices and other information required to be published in a newspaper of general circulation within the City, shall be made in the Wheat Ridge Transcript; except that, where circumstance makes publication ineffective or otherwise undesirable, the City may publish official notice on the City's website. Section 3. This resolution shall be effective upon adoption . DONE AND RESOLVED this 8th day of December 2014. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 ,.~£~ .... "' . City of ?WheatRLdge ITEM NO:~ DATE: December 8, 2014 REQUEST FOR CITY COUNCIL ACTION ~-~ TITLE: MOTION TO RATIFY THE MAYORAL REAPPOINTMENT OF TIM ROGERS TO DISTRICT III OF THE WHEAT RIDGE URBAN RENEWAL AUTHORITY dba RENEWAL WHEAT RIDGE, TERM TO EXPIRE NOVEMBER 30, 2019 0 PUBLIC HEARING [8:1 BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING D YES ~& d!vw.v../ Clerk ISSUE: Tim Rogers currently serves as the District III representative to Renewal Wheat Ridge and has served since February 25 , 2014. His term will expire on November 30, 2014. Mr. Rogers was contacted and has indicated he would like to be reappointed to serve on the Authority. Mayor Jay is seeking to reappoint Mr. Rogers for a five-year term to expire November 30, 2019. PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUND: Members of Renewal Wheat Ridge are appointed by the Mayor and ratified by City Council. RECOMMENDATIONS: Mayor Jay is recommending that Tim Rogers be reappointed to Renewal Wheat Ridge representing District III , term to expire November 30, 2019. Council Action Form -R WR Appointment December 8, 2014 Page2 RECOMMENDED MOTIONS: "I move to ratify the Mayoral reappointment of Tim Rogers to District III of the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge, term to expire November 30, 2019." Or "I move to postpone indefinitely the Mayoral reappointment ofTim Rogers to District III of the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge, term to expire November 30, 2019 for the following reason(s) " REPORT PREPARED/REVIEWED BY: Kelly K. Stevens, Deputy City Clerk Patrick Goff, City Manager ATTACHMENTS: 1. Tim Rogers , Application for Reappointment City of Wheat Ridge Board & Commission Application for Reappointment ~ circl on of the following: (!Y would like to reapply for another Five-year term (Go to Section A) No , I do not wish to serve another term (Go to Section B) A. APPLICATION FOR REAPPOINTMENT TO THE: P> & ~ 'E-~L W t\~ Xt\I>E>c (BOARD/COMMISSION/COMMITTEE) DATE : V\U.., l . 2.bt 4= DISTRICT_:_.~.\-..:'1.._.(~--- ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATIENOANCE OR DUTIES? __ ..... ~~c..._r;.a...;:· ·::..~E------------- B. INFORMATION-PLEASE COMPLETE TO UPDATE RECORDS NAME : \ ' ""'"" \b. DbF"J1-1:5> ADDRESS :. __ ..... \'C-..4......;--.<\.._5.-_· _\J~-· ·--=~ ..... 5=·-:at_: _'7.)..._\-=l..A-.......;::4L~_'J......,.,.. ..... -...:=~" J~,l>:;...;:~"=-.....~CU-L.o HOME PHONE : ~3 .. ?.1 q-a tiD 3 BUSINESS PHONE : ]'2....b ... 4-, ~-5"2..2,...'5 E-MAIL ADDREss: '~c<aE.JlS. ~ c..,c.~ eRE., UM SIGNATURt:'._...:::\~~.;;....;......:a __ -.... _______ _ APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR Attachment 1 • October 16, 2014 Tim Rogers 10495 W. 35th Place Wheat Ridge, CO 80033 Dear Tim: ... ' . ~ :rP: ~ityof Wlieat~e In 1997, the Council passed a Resolution that outlined the process to be followed for reappointment when Board and Commission members complete their term. When their term expires, each Board and Commission member must complete an application form and formally reapply for the same Board or Commission or for any other Board or Commission. According to our records, your term on Renewal Wheat Ridge will expire on November 30, 2014. Please let us know if you are interested in reapplying for another five-year term. If you are interested an application is enclosed for your convenience. We ask that you return the bottom half of this letter no later than November 3, 2014. A stamped retum address envelope has been induded for your convenience. The Mayor appoints Renewal Wheat Ridge members and then her decision is ratified by City Council. Should she need any further information the Mayor will be in contact with you. Thank you for serving on Renewal Wheat Ridge. Wheat Ridge Is very fortunate to have citizens like you who volunteer their time and expertise to serve the City. Sincerely, ~,JL__..A.J... ~ ~~;~~~e:~ns, CMC Deputy City Clerk --------~----------.-....--........-------- NAME : Tim Rogers BOARD/COMMISSION : Renewal Wheat Ridge Please circle one of the following: \....__Yes I would like to reapply for another five-year term (application attached) No , I do not wish to serve another term . ... ~~~ .. ~ r City of • :?Wlieat:Ri__,dge ITEM NO:~· DATE: December 8, 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE ANNUAL POLICE RADIO SYSTEM CONTRACT PAYMENT TO THE WEST METRO FIRE PROTECTION DISTRICT IN THE AMOUNT OF $83,401.43 FOR POLICE RADIO SYSTEM SERVICES 0 PUBLIC HEARING ~ BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING D YES City Manager The West Metro Fire Protection District provides communication equipment maintenance services through a 2005 Intergovernmental Agreement (IGA) with the City. The services provided through the IGA include the Harris radio system support/maintenance, radio technician support, and expenses for the Mount Morrison antennae site lease. PRIOR ACTION: These fees have been budgeted annually by the Police Department and approved by City Council since 2005. FINANCIAL IMPACT: The total amount of these fees has been budgeted by the Police Department and approved by City Council for the 2014 Budget in account # 01-204-700-704. BACKGROUND In 2005 , the City of Wheat Ridge entered into an IGA with the West Metro Fire Protection District for annual contracted radio services. These services include technical support, system maintenance, equipment repair, a lease agreement for the Mount Morrison antenna site and associated software and hardware costs. These services have 2014 Payment to West Metro Fire Protection District December 8, 2014 Page2 provided significant improvement to the department's radio infrastructure and improved public safety in our community. RECOMMENDATIONS: Approve the contract payment in the amount of$83,401.43 to the West Metro Fire Protection District. RECOMMENDED MOTION: "I move to approve the annual radio contract payment to the West Metro Fire Protection District in the amount of$83,401.43 for police radio system services." Or, "I move to postpone indefinitely approval of the annual radio contract payment to the West Metro Fire Protection District in the amount of $83 ,401.43 for police radio system services for the following reason(s) " REPORT PREPARED/REVIEWED BY: Joseph Cassa, Support Services Division Chief Daniel Brennan, Chief of Police Patrick Goff, City Manager ATTACHMENTS; 1. WMFPD Invoice for 2014 Contract Services West Metro Fire Protection District West Metro Fire Rescue 433 S. Allison Parkway Lakewood, Colorado 80226 Bus: (303)989-4307 Fax: (303) 539-9567 www .westmetrofire.org City of Wheat Ridge Police Deparbnent 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attention: Mr. Larry Stodden Subject: Invoice for Radio Expenses Dear Larry, May 8, 2014 Please consider this correspondence the annual invoice for ~s and expenses. As you know the City of Wheat Ridge and West Metro Fire Rescue share the costs of Technical Services provided by the Radio Communications Division of the City of Lakewood. Additionally we share the costs of the rental and utility expense for the Mount Morrison site, which is based on the frequencies and equipment on that site. For clarity I have provided the following detail and attached a copy of the invoice from the City of Lakewood for your records: • Technical Services-50% of the annual Lakewood invoice of$120,731.40 = $60,365.70 • Rental/Utility Expense associated to Mount Morrison -50% of costs of 46,071.46 = 23.035.73 TOTAL= $83,401.43 Thanks for your continued partnership with our organization and the City of Lakewood. This strong partnership has insured good communications for all three agencies and a safe working environment for our personnel. I appreciate the opportunity to be associated with strong professionals like yourself and Steve Kabelis. Sincerely, Charles Michael Murphy Division Chief of Communications Attachment 1 "Whatever It Takes" ... To Serve ~~A~ ... 4 r-City of • JP'WheatRi_dge ITEM NO:~ DATE: December 8 , 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 65-2014 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND RENEWAL WHEAT RIDGE ESTABLISHING THE RIGHTS AND RESPONSIBILITIES REGARDING OPERATIONAL ASSISTANCE AND FUNDING D PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2 ° READING ]~DYES ~ ~ NO ISSUE: An Intergovernmental Agreement (IGA) entered into between the City and Renewal Wheat Ridge (RWR), establishing the rights and responsibilities of the City and RWR with respect to (1) operational assistance and (2) the sales tax increment applicable to the Wheat Ridge Town Center, expires on December 31 , 2014. This proposed IGA will extend and amend the terms for another fi v e years . PRIOR ACTION: Through an IGA between the City and RWR signed on June 26, 2006, an extension of the sharing ofthe sales tax increment was approved. The IGA stipulated that 50% ofthe sales tax increment, not to exceed $100,000 in any fiscal year, would be shared with RWR through December 31 , 2008. An amendment to the IGA in October 2007 removed the $100,000 annual cap and extended the agreement to December 31 , 2014. In September, 2011 the City Council approved an increase in the sales tax increment share back from 50% to 100%. Council Action Form -IGA with RWR December 8, 2014 Page2 FINANCIAL IMPACT: An annual budget appropriation in the amount of $300,000 will be transferred from the City's General Fund to RWR. The proposed annual funding in the amended IGA is approximately $150 ,000 less than the current IGA. BACKGROUND: The City adopted the Wheat Ridge Town Center Urban Renewal Plan on December 14, 1981 , which provided for the utilization ofpropert~ and sales tax increment in the commercial area east ofWadsworth Boulevard, between West 38 1 Avenue and West 44 111 Avenue. The increment was used for the construction of public improvements required for the Town Center redevelopment project. The property tax increment expired in 2006 , after 25 years. Through an Intergovernmental Agreement (IGA) between the City and Renewal Wheat Ridge (RWR) signed on June 26 , 2006 , an extension of the sharing of the sales tax increment was approved. The IGA stipulated that 50% of the sales tax increment, not to exceed $100,000 in any fiscal year, would be shared with RWR to and including December 31 , 2008. An amendment to the IGA in October 2007 removed the $100 ,000 annual cap and extended the agreement to December 31 ,2014. In September 2011 the City Council approved an increase in the sales tax increment share back from 50% to 1 00%. It has been determined that RWR no longer requires the full 100% increment from the Town Center project, but still requires some funding to meet its vision of remediating blight conditions in the area. The attached draft IGA establishes the following elements for the future relationship between the City and RWR: 1. RWR funding will no longer be tied to the incremental sales tax from the Town Center project. Funding in the amount of$300,000 will be provided by the City to RWR on an annual basis for urban renewal activities. This is a decrease of approximately $150 ,000 per year. 2. Reimbursement of salaries , rents and costs incurred by the City in providing employees , insurance, equipment, facilities , services and supplies will no longer be required by RWR . 3. The term of the Agreement shall commence on January 1, 2015 and shall continue through December 31 , 2019. RECOMMENDED MOTION: "I move to approve Resolution No. 65-2014 , a resolution approving an intergovernmental agreement between the City of Wheat Ridge and Renewal Wheat Ridge establishing the rights and responsibilities regarding operational assistance and funding." Or Council Action Form-IGA with RWR December 8, 2014 Page 3 RECOMMENDED MOTION: "I move to approve Resolution No. 65-2014, a resolution approving an intergovernmental agreement between the City of Wheat Ridge and Renewal Wheat Ridge establishing the rights and responsibilities regarding operational assistance and the sales tax increment applicable to the Wheat Ridge Town Center." Or "I move to postpone indefinitely Resolution No. 65-2014, a resolution approving an intergovernmental agreement between the City of Wheat Ridge and Renewal Wheat Ridge establishing the rights and responsibilities regarding operational assistance and the sales tax increment applicable to the Wheat Ridge Town Center for the following reasons." REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager Steve Art, Renewal Wheat Ridge Manager ATTACHMENTS: 1. Resolution No. 65-2014 Exhibit A -IGA TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 65 Series of2014 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND RENEWAL WHEAT RIDGE ESTABLISHING THE RIGHTS AND RESPONSIBILITIES REGARDING OPERATIONAL ASSISTANCE AND FUNDING WHEREAS, the City has created the Wheat Ridge Urban Renewal Authority d/b /a Renewal Wheat Ridge (R WR); and WHEREAS, RWR has administered five urban renewal areas across the City; and WHEREAS, the Colorado Urban Renewal Law , CRS 31-25-112 , authorizes the City and RWR to enter into agreements to cooperatively undertake all aspects of the administration and operation of urban renewal areas , plans and redevelopment projects within the City; and WHEREAS, the City and the Authority have entered into previous intergovernmental agreements under this enabling authority, including agreements pertaining to the allocation of the sales tax increment derived from the Town Center Project, and the sharing of resources relating to services, equipment and personnel ; and WHEREAS, the current intergovernmental agreement (IGA) between the City and RWR expires on December 31 , 2014 and City Council desires to extend the provisions of this IGA , with certain changes. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council , as follows: A. The intergovernmental agreement between the City and the Wheat Ridge Urban Renewal Authority attached hereto as Exhibit A , is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same. DONE AND RESOLVED this 8th day of December, 2014. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 Exhibit A Intergovernmental Agreement This Intergovernmental Agreement is entered into between the City of Wheat Ridge, Colorado {the "City") and the Wheat Ridge Urban Renewal Authority d/b/a Renewal Wheat Ridge {the "Authority'') as of the _.lB._ day of bh~Bdl.. , 2014, together referred to as the "Parties.". In consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which are acknowledged, the Parties agree as follows: 1. Puroose of Agreement This Agreement is entered into in order to establish the rights and responsibilities of the City and the Authority with respect to: (1) operational assistance and (2) funding. 2. Operational Assistance WRURAIGA A. Employees 1 . Executive Director. The City Manager has retained or shall retain a Director of Community Development and/or an Economic Development Manager and the Authority has retained said person as the Executive Director of the Authority .. 2. Authority Employees. The Authority has and may continue to retain the professional services of other staff, consultants, advisors, experts and legal counsel as necessary and in accordance with the Urban Renewal Law. 3. City Employees. Upon request of the Director of the Authority, and subject to approval of the City Manager or his designee, City employees may be assigned to work for the Authority. Such approval of the Manager shall include the right to limit or to withhold assignment of City employees to work for the Authority if, in judgment of the City Manager, the assignment of such employee{s) to work for the Authority is impairing the employee{s)' ability to complete his/her City duties. While performing services for the Authority, such City employees shall coordinate their services with the Director. B. Personnel Actions Related to Employees 1. Notwithstanding Section 2. A.1, the selection, termination and other personnel actions related to any person performing the functions of the Executive Director of the Authority, who is not a City employee, shall be made by the Board of Commissioners of the Authority. The Board of Commissioners of the Authority agrees to consult with the City Manager prior to the retention of an Executive Director regarding methods and areas of cooperation between the Authority and the City relating to duties of the Executive Director vis-a-vis contemporaneous City duties, if any, and utilization of other City employees. 2. The selection, description of duties and services, termination and other personnel actions related to all other employees, consultants, experts, attorneys and advisors of the Authority shall be made by the Authority's Board of Commissioners. 3. Personnel actions relating to City employees shall in no manner be affected by this Agreement. In the event of any personnel action relating to any City employee while working under the terms and provisions of this Agreement, such action shall be subject to the City's personnel rules and regulations. C. Salaries and Procedures 1. The salary of the Executive Director of the Authority shall be established by the Board of Commissioners of the Authority; provided, however, in the event the Executive Director hired by the Authority is also a City employee, the Authority agrees that his/her total salary shall be in accordance with the salary set by the City for the Director's position with the City; and the portion thereof attributable to the Authority shall be allocated and paid as provided in this Agreement. 2. The salaries/fees of all other employees, consultants, experts, attorneys and advisors of the Authority shall be established by the Board of Commissioners of the Authority. Any Authority employee may be included in benefit programs available to City employees and the Authority shall pay for the costs thereof. D. Other Services 1. The City may provide the Authority with such other services as may be required in order to perform its urban renewal functions including, but not limited to, accounting, financial and budget management, planning services and engineering services; provided, however, that nothing herein shall be construed as prohibiting the Authority from contracting with or retaining third parties to provide all or a portion of any services. 2 2. Annual or any special financial audits shall be performed by the City's independent auditor. All costs of any such audit or financial services shall by billed to and paid by the Authority. E. Office Space: Furnishings 1 . The City may make available appropriate office space and office equipment to the Authority. All furnishings, equipment and supplies for the Authority may be acquired by the Authority or rented from the City. All furnishings and equipment loaned or rented to the Authority by the City shall be billed to and paid by the Authority and remain the property of the City. All furnishings and equipment acquired by the Authority shall become the property of the City upon the dissolution of the Authority. F. Operations Integration 1. City Codes. The Authority shall comply with applicable City ordinances, codes, rules and regulations related to the development and/or redevelopment of the urban renewal areas, except as provided otherwise in the urban renewal plans and the Colorado Urban Renewal Law. 2. Reports to Council. The City Council shall be informed of the activities, functions, operations, legal processes and financial/budgetary administration and condition of the Authority on a periodic basis and as requested by Council. 3. Meetings. The Board of Commissioners and City Council shall meet at the request of the Council to communicate and coordinate activities, functions and share ideas and actions related to carrying out urban renewal and/or redevelopment projects. 4. Powers of Authority. The parties acknowledge and agree that the Board of Commissioners shall exercise all powers provided in the Urban Renewal Law and as provided in the urban renewal (redevelopment) plans adopted by Council. G. Insurance 1 . The City agrees to include the Authority under its existing property casualty and workers' compensation insurance coverages as a part of the services to be provided by the City to the Authority under the terms and provisions of this Agreement. 3 1. 3. Funding The Authority shall pay for any other insurance requirements as required. The City will provide to the Authority $300,000 on an annual basis for the Authority to perform its urban renewal functions. The funding will be provided to the Authority in one payment in the month of January. 4. City and Authority Separate Nothing in this Agreement shall be interpreted in any manner as constituting the City or its officials, representatives, consultants or employees as the agents or employees of the Authority, or the Authority or its officials, representatives, consultants or employees as the agents or employees of the City. Each entity shall remain separate, subject to the cooperation and coordination of each entity's respective duties and powers with regard to urban renewal (redevelopment) activities. Neither party shall hereby assume the debts, obligations or liabilities of the other. The Authority shall be responsible for carrying out the duties and functions in accordance with the Colorado Urban Renewal Law, the urban renewal plans and other applicable laws and regulations. 5. Effect on Prior Agreements All existing/prior cooperation agreements and/or intergovernmental agreements between the City and the Authority are hereby rescinded. The terms of this Agreement shall control the relationship between and activities of the City and the Authority. 6. Termination This Agreement may be terminated by the mutual consent of the parties at any time after giving at least (60) days written notice of intention to so terminate; provided, however, termination of this Agreement shall not release the Authority from its obligation to pay the funds due the City as provided herein, unless such obligation is specifically terminated by the City.The term of this Agreement shall commence on January 1 , 2015 and shall continue in full force and effect for a period of 60 months to and including December 31, 2019. 4 7. No Debt Nothing herein shall be construed as constituting any multi-year fiscal obligation within the meaning of Article X, Section 20 of the Colorado Constitution, it being the intention of the parties that all fiscal obligations herein be subject to annual appropriation. 8. Further Assurances The Parties agree to take such further acts as necessary to implement the provisions of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. WHEAT RIDGE URBAN RENEWAL AUTHORITY By.@~ ~Tl~~ STATE OF COLORADO ) ) ss. County of Jefferson The foregoing instrument was acknowledged before me this l ~ day of \J~"· , 2014 by llc\St\ ~v is , as Cbo ·~c oftheWheat Ridge Urban Renewal Authority. Not~4 My Commission expires: ____;.1~....;;.l....::::8+h ...... 2t.._ _______ _ I CARLY LORENTZ NOTARY PUBLIC STATE OF COLORADO NOTARY 10 I 20104046820 MY COMMISSION EXPIRES OCTOBER 28 , 2018 CITY OF WHEAT RIDGE, COLORADO By: __ ~--~------------------­ Joyce Jay, Mayor 5 ATIEST: APPROVED AS TO FORM: Janelle Shaver, City Clerk Gerald E. Dahl, City Attorney STATE OF COLORADO ) ) ss. County of Jefferson The foregoing instrument was acknowledged before me this __ day of _____ , 2014 by Joyce Jay as Mayor and Janelle Shaver as City Clerk of the City of Wheat Ridge, Colorado. Witness my hand and official seal. My Commission expires: ___________ _ Notary Public 6 ..... A~ .. _ r City of • :?Wheat:R.i_dge ITEM NO:~ DATE: December 8, 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 66-2014 - A RESOLUTION AMENDING THE FISCAL YEAR 2014 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $77,662.80 FOR A DEPOSIT TO PURCHASE SOLAR PANELS IN THE CLEAN ENERGY COLLECTIVE COMMUNITY-OWNED SOLAR ARRAY 0 PUBLIC HEARING 0 BIDS/MOTIONS [g) RESOLUTIONS 0 ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING ~YES City Manager [g) NO ISSUE: Consensus was reached by City Council at the November 3, 2014 study session to finalize contract negotiations with Clean Energy Collective (CEC) for the purchase of solar panels through the Xcel Energy 's Solar Rewards Community program in Jefferson County. A ten percent deposit in the amount of $77 ,662.80 is required to reserve the City's solar panels while contract negotiations and financing are being finalized. PRIOR ACTION: The City Council reviewed proposals from two companies at two separate study sessions to participate in the Xcel Energy Solar Rewards Community program. FINANCIAL IMPACT: The initial deposit of $77,662.80 is fully refundable to the City once the financing for the solar panels is in place. CEC Solar Panel Deposit Supplemental Budget Appropriation December 8, 2014 Page2 BACKGROUND: The City received two proposals to participate in a solar garden agreement through Xcel Energy's Solar Rewards Community program . One proposal was submitted by Clean Energy Collective, LLC (CEC) and a second proposal was submitted by SunShare, LLC. The intent of each proposal is to help the City generate electricity cost savings through the production of renewable energy, while promoting environmental stewardship to the community. Although participation in a solar garden can provide value to a community, it can also bring inherent risks. Therefore, the City contracted with Lotus Engineering & Sustainability to perform a due diligence review on the proposed solar garden models and to identify potential risks and opportunities to the City. The proposal offered by CEC would allow the City to purchase up to 972 panels in CEC's Jefferson County Solar Garden for approximately $776 ,628 . The panels would provide up to 228.42 kilowatts (kW) of electricity to offset nearly 100% of electricity consumption at 13 City facility locations . The City would receive savings in the form ofXcel bill credits and income in the form of renewable energy certificate (REC) payments each billing cycle. The savings and income streams would offset current electricity costs at the identified 13 locations and help payback the initial investment. CEC estimates the projected payback to be 8 to 9 years. Total best-case scenario cumulative savings , over a 20 year contract, is estimated at $1.6 million for a one-time purchase option or $1.2 million for the financing option . The financing option is based upon a 15-year tenn at an interest rate of 5.25 %.Sponsorship levels for the Fanners 5000 range from $250 to $2 ,500. Consensus was reached at the June 16 , 2014 study session that Council members would donate funds from their individual outreach accounts to this event and any additional sponsorship above that cumulative total would come from General Fund undesignated reserves. The proposal from SunShare describes an opportunity for the City to purchase up to 208 kW of electricity from its Jefferson County Solar Garden. SunShare proposes that this electricity will offset nearly I 00% of electricity consumption at 13 sites owned by the City . SunShare's proposal includes two payment options: the City can either pre-pay in one lump sum or the City can pay a monthly Solar Services Agreement (SSA) rate. The cost to pre-pay is approximately $553 ,360. The monthly SSA payment to SunShare starts at $0.12 per kilowatt-hour (kWh) generated by the system and escalates at 2.9% every year after. Both options require a 20 year contract with SunShare. The City would receive savings in the fonn ofXcel bill credits each billing cycle. The savings would be used to help offset current electricity costs and either payback the initial investment or pay the SSA rate to SunShare. SunShare would receive REC payments directly from Xcel Energy and will not distribute those to the City. Under the pre-payment option, SunShare estimates the payback period to be 6 to 7 years and under the SSA payment option, Sunshare proposes that the City will begin to offset electricity costs immediately. Total best-case scenario cumulative savings , over a 20 year contract, is estimated at $1.6 million for a one-time pre-pay option or $1 .0 million for the SSA option. CEC Solar Panel Deposit Supplemental Budget Appropriation December 8 , 2014 Page 3 RECOMMENDATIONS: Staff recommends City Council approve the supplemental budget appropriation in the amount of $77,662.80 and finalize contract and financing negotiations. RECOMMENDED MOTION: "I move to approve Resolution No. 66-2014 -a resolution amending the fiscal year 2014 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $77,622.80 for a deposit to purchase solar panels in the Clean Energy Collective Community- owned Solar Array." Or, "I move to postpone indefinitely Resolution No. 66-2014 -a resolution amending the fiscal year 2014 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $77 ,622.80 for a deposit to purchase solar panels in the Clean Energy Collective Community-owned Solar Array for the following reason(s) _____________ " REPORT PREPARED BY: Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 66-2014 2. CEC Proposal , dated September 24, 2014 TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 66 Series of 2014 A RESOLUTION AMENDING THE FISCAL YEAR 2014 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $77,662.80 FOR A DEPOSIT TO PURCHASE SOLAR PANELS IN THE CLEAN ENERGY COLLECTIVE COMMUNITY-OWNED SOLAR ARRAY WHEREAS, the City of Wheat Ridge received two proposals to participate in a solar garden agreement through Xcel Energy's Solar Rewards Community program; and WHEREAS, City Council is supportive of demonstrating the City's commitment to sustainability, sustainable community solutions and saving taxpayer dollars; and WHEREAS, a consensus was reached by City Council to finalize contract negotiations with Clean Energy Collective to purchase solar panels in its Jefferson County solar array; and WHEREAS, a 10 percent, refundable deposit in the amount of $77,662.80 is required to reserve the City's solar panels while contract negotiations and financing are being finalized. NOW, THEREFORE, BE IT RESOLVED by the City Council of Wheat Ridge, Colorado, as follows: A. The City Council authorizes the transfer of $77,662.80 from the General Fund undesignated reserves to account number 01-610-700-799 and amending the 2014 fiscal year budget accordingly. DONE AND RESOLVED this 8th day of December, 2014. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk GED/WRIWRURA Attachment 1 September 24, 2014, REVISED on-bill credit rate from $0.20241 to $0.19859,-$0.00382 change City of Wheat Ridge 7500 W. 291h Avenue Wheatridge, CO 80033 Cfean Energy COLLECTIVE . Clean Energy Collective (CEC) is pleased to present City of Wheat Ridge with the opportunity to own solar panels in our community-owned solar array for Xcel Energy's Solar* Rewards Community program in Jefferson County . You are currently spending 0.26 for electricity per kWh with Xcel. With a CEC purchase, the estimated on-bill credit and REC payments combined equals $0.21859 per kWh earned through our program . Your 12 month electrical usage was 312,195.00 kWh with a total electric expense of $92,211.88 . Below represents offsetting various premise numbers with a 228.42 kW system . The savings shows a payback of your system in/between year 8 and 9. Thank you, Amy Thompson Director of Commercial Sales Attachment 2 401 Tree Farm Drive, Carbondale, CO 81623 // phone 800.646.0323 II fax 970.692.2592 // easycleanenergy.com The information contained in this proposal has been prepared in good faith. All figures herein are only estimates of future costs, production and savings . Actual performance will vary . Clean Energy Collective bears no responsibility for variations between its projections and the actual realized performance. This proposal should not be considered as investment or tax advice, nor is it the offering of a financial instrument or security . Consult your accountant about any possible tax implications related to this proposal. Projected bill credit savings estimates assume 4.8% annual electricity price inflation . -· "' '0 -; 3 ::T (l) ::T '0 0 ~ (l) = c 0 -· Q 0: ::::! :::l o:=s~cr g g :::l 3 ~ g@ ~. (l) ::;: 0 ~8=:J ~ !il. ~ g 0 ~ ~ ![ ....... (D (") :J ;r.a.ro!l "' Ql Ql ~ ~-::l :;· o =s m g ~ ~ ~ in ' ~3~a ~ ~ g '8 .sl.;iifKl a ::.a ;: (l) Ql < Ql C.. X t'D VI O"Cl>O"O" =~re~ Q r;· iA :::1 ~.!b:::l'O r=t: ::J 0 in 0 .... '0 Kl .... (l) Ql -·~ .... 5· ~ 0 ~ <0 :::l -· VI ,....,. U'l :J ::T -· (l) (l) g: <0 ~8:~8. 3 (l) Q.I-,O'or fir:;· .... -· (/)\O<:f QIQQI . "' .... :::!. l> ~ Q.l ~ = 3:::110::!> (l):::l:::l<O Ql "' c ~ 5. g ~ ~~~::r Ql :;· ~ !!l :::l l!l. :::l ~. :::l .... :::l ~ ~ ~ 21 -(l) '0 (l) ~ :J ..., 0 c:p ,...... ~. :l ~oil>­ ::! ..... l=l.-< n VI -· !I! -· (l) 0 ~ .:< n :::l -· c "' 3 ~ ~. 0.1 Q.l ~ . .:< :::l ~ ~. n ~ ~ ::J 0 (D """"" ~~QI2' -· c l=l. ~ 0 ;::::; c c ? ~ ~ ~ c ..., n .... (l) ~ ~ ~ Gt n N -g ~~ :::l '0 8. or ro c ;:;a-l=). Ql 3 5 ' O"QI:::l 0 :::l Ql S.@g_ Ql · :::l -; Kl -< ::T < '0~ vr :;· '0<0 .... "' -· 0 . 2: '0 l> (l) Q l=l. ~ lli c Ql -Ql )( - ~ 0 .... -l ., 1'1) 1'1) "'T'' Ill ., 3 0 ., c::- ~1'1) n Ill ., C" 0 ::::J a. Ill ~ n 0 00 .... C7l N w ::::::: "0 ::r 0 :::l It) 00 g ~ C7l 0 w N w ::::::: Qj' X \D ...., 0 en \D N ;.., V1 \D N ::::::: 1'1) Ill "' ~ ii' Ill ::::J 1'1) ::::J 11) ~ n 0 3 Wheat Ridge Credit Analysis Ad dress 4900 Marshall St 11300 W 44 th Ave Unt Fall Field 4355 Field St 7500 W 29th Ave Bldg PUMP 11220 W 45 t h Ave Bl dg Pollee 6363 W 35th ave Bldg . RR 9110 W 44th Avenue 5349 W. 27th Avenue 4610Robb St 4355 Field Street 11220W. 45th Avenue 4255 Fenton Street 3400 Fenton Street Street 6363 W . 35th Avenue Facility Me ter# Premise II Account # On-Bill Credit Usase kWh SG W461BBT 300959796 5l-7763359-5 $0.52838 24,240.00 SG 59980352 304316779 5l-0762534-9 $0.50899 27,640.00 SG W60930S 300676601 Sl-7763359-5 $0.46278 24,622.00 SG 53942341 301079534 Sl-7763359-5 $0.17782 15,192.00 SG W51954T 304011874 5l-7763084-3 $0.11446 34,040.00 SG 49435016 301223669 Sl-7762988-4 $0.11189 72.240.00 SG W37601T 300936541 5l-7763359-5 $0.09030 36,880.00 R 35859566 300916497 5l-7763359-5 $0.07441 19,521.00 R 02197738 301213589 Sl-7763359-5 $0.07441 3,115.00 c W2496438 300676605 5l-7763359-5 $0.07369 21 ,264 .00 c W1506864 301420544j5l-7763084-3 $0.07369 8,049.00 c 01232598 300678678 Sl-7763359-5 $0.07369 2.670.00 c 44816806 300751720j5l-7763359-5 $0.07369 12.049.00 c W981629 300921818j5l-7762988-4 $0.07369 10,673.00 Cumulative Cumulative Usage kW kWSystem Usage kWh 120%Cap kW System 29,088 17.86000 17.860000 29,088 33,168 20.21000 38.070000 62,256 29,546 1&09500 56-165000 91 .~2 18,230 11.04500 67.210000 110,033 40,848 24.91000 92.120000 150,881 86.688 53.11000 145.230000 237,569 44,256 27.02500 172.255000 281,825 23,425 14.33500 186-590000 305,250 3,738 2.11500 188.705000 308,988 25,517 15.51000 204 215000 334,505 9,659 5 .87500 210.090000 344,164 3,204 1 .~ 211 .970000 347,368 14,459 8.69500 220.665000 361.826 12,808 7.75500 228.420000 374,634 Cumulative Total Annual On-Bill Utility Cre d it Rate Co st $0.52838 $18,264.90 $0.51805 $21,353.62 $0.5002E $16,297.84 $0.44684 $4 ,838.16 $0.35685 $5,972.09 $0.26747 $11 ,721 .32 $0.23965 $5 ,169.19 $0.22697 $2,251 .07 $0.22512 $414.46 $0.21357 $2 ,329.41 $020964 619.65 $0.20839 $161 .79 $0.20301 $1 ,409.19 $0.19859 $1 ,409.19 Current Effective Retail Rate $0.75 $0.77 $0.66 $0.32 $0.18 $0.16 $0.14 $0.12 $0.13 $0.11 $0.08 $0.06 $0.12 $013 Cumulati ve Effective Retai l Rate $0.75 $0.76 $0.73 $0.66 $0.53 $0.40 $0.36 $0.34 $0.34 $0.32 $0.31 $0.31 $0.30 $0.26 (")() o m I Q) I ::J m m n ::J -1 (1) -~ <<O m'< • Per Watt Gross Price $5 .29 30% Discount From Federal Tax ($1.59) Credit CEC Discount ($0.30) Net Purchase Price Bill Credit 20 Year Escalator /Inflation IRR 4.80% 11.86% 20Year Discount Rate NPV 4 .00% $716,323 Total $1,207,363 ($362,209) ($68,526) 28 SO Year IRR 14.10% SO Year NPV $2,921,103 REC Savings vs. Purchase Price C02 Avoided (lbs) Car Travel Avoided (miles) Trees Planted Clean Energy COL L ECTIVE . 28,593,228 32,421,813 101 401 Tree Farm Drive, Carbondale, CO 81623 // phone 800.646.0323 II fax 970.692.2592 II easycleanenergy.com The information contained in this proposal has been prepared in good faith. All figures herein are only estimates of future costs, production and savings. Actual performance will vary. Clean Energy Collective bears no responsibility for variations between its projections and the actual realized performance . This proposal should not be considered as investment or tax advice, nor is it the offering of a financial instrument or security. Consult your accountant about any possible tax implications related to this proposal. Projected bill credit savings estimates assume 4.8% annual electricity price inflation . ;. f ·';c' '·' ·-t-~~~----•. '.r4~~ :-!.l I i·: l J ' • I .· j -~ ' \ i I ~ 7 :. Bill Credit Escalator 4.80% Bill Credit Rate $0.19859 SG/PG- Class of Service Custom Est. REC Annual Credit Est. Bill Payments Est. Total Year kWh Rate Credits Credits Savings 1 371,702 $0.19859 $73,816 $7,434 $81,250 2 369,159 $0.20812 $76,830 $7,383 $84,213 3 366,617 $0 .21811 $79,964 $7,332 $87,296 4 364,074 $0.22858 $83,221 $7,281 $90,502 s 361,531 $0.23955 $86,606 $7,231 $93,837 6 358,988 $0.25105 $90,125 $7,180 $97,304 7 356,445 $0.26310 $93,782 $7,129 $100,911 8 353,902 $0.27573 $97,582 $7,078 $104,660 9 351,360 $0.28897 $101,531 $7,027 $108,558 10 348,817 $0.30284 $105,635 $6,976 $112,611 11 346,274 $0 .31737 $109,898 $6,925 $116,824 12 343,731 $0.33261 $114,327 $6,875 $121,202 13 341,188 $0 .34857 $118,929 $6,824 $125,753 14 338,645 $0.36530 $123,708 $6,773 $130,481 1S 336,103 $0.38284 $128,673 $6,722 $135,395 16 333,560 $0.40121 $133,829 $6,671 $140,500 17 331,017 $0.42047 $139,184 $6,620 $145,804 18 328,474 $0.44066 $144,744 $6,569 $151,313 19 325,931 $0.46181 $150,517 $6,519 $157,036 20 323,388 $0.48397 $156,512 $6,468 $162,979 Yrs 1-20 6,950,907 $2,209,412 $139,018 $2,348,430 Yrs 21- so 9,203,460 $9,960,779 $0 $9,960,779 Total 16,1S4,366 $12,170,191 $139,018 $12,309,209 Annual kWh is the estimated production fram yaur partian af the solar facility . Credit rate is the estimated credit adjusted far inflation at 4.8% per year. - Clean Energy COLlECTIVE ~~~---~~~1 Panels 972 Watts 228,420 Net Purchase Price $776,628 SO Year ROI 1485% O&M Total Est. Cumulative Expense Savings Savings $0 $81,250 $81,250 $0 $84,213 $165,464 $0 $87,296 $252,760 $0 $90,502 $343,262 $0 $93,837 $437,098 $0 $97,304 $534,403 $0 $100,911 $635,313 $0 $104,660 $739,973 $0 $108,558 $848 ,532 $0 $112,611 $961,143 $0 $116,824 $1,077,966 $0 $121,202 $1,199,168 $0 $125,753 $1,324,921 $0 $130,481 $1,455,402 $0 $135,395 $1,590,797 $0 $140,5 00 $1,731,297 $0 $145,804 $1,877,101 $0 $151,313 $2,028,415 $0 $157,036 $2,185,451 $0 $162,979 $2,348,430 $0 $2,348,430 $2,348,430 $0 $9,960,779 $12,309,209 $0 $12,309,209 401 Tree Farm Drive, Carbondale, CO 81623 II phone 800.646.0323 II fax 970.692.2S92 II easycleanenergy.com The information contained in this proposal has been prepared in good faith . All figures herein are only estimates of future costs, production and savings. Actual performance will vary . Clean Energy Collective bears no responsibility for variations between its projections and the actual realized performance . This proposal should not be considered as investment or tax advice, nor is it the offering of a financial instrument or security . Consult your accountant about any possible tax implications related to this proposal. Projected bill credit savings estimates assume 4.8% annual electricity price inflation. $776,628 Purchase Price Interest Rate $0 * Down 0% Term (years) Payment $776,628 Amount to Finance Monthly Payment Annual Payments Panels Watts Net Purchase Price Est. Total Savings Year Est. Bill Credits Generated 1 $73,816 $7,434 $81,250 2 $76,830 $7 ,383 $84,213 3 $79,964 $7,332 $87,296 4 $83,221 $7,281 $90,502 5 $86,606 $7,231 $93,837 6 $90,125 $7,180 $97,304 7 $93,782 $7,129 $100,911 8 $97,582 $7,078 $104,660 9 $101,531 $7,027 $108,558 10 $105,635 $6,976 $112,611 11 $109,898 $6,925 $116,824 12 $114,327 $6,875 $121,202 13 $118,929 $6,824 $125,753 14 $123,708 $6,773 $130,481 15 $128,673 $6,722 $135,395 16 $133,829 $6,671 $140,500 17 $139,184 $6,620 $145,804 18 $144,744 $6 ,5 69 $151,313 19 $150,517 $6,519 $157,036 $ 5.25%* 15* ($6,216) ($74,591) 972 228,420 $776,628 Lease ($74,591) ($74,591) ($74,591) ($74,591) ($74,591) ($74,591) ($74,591) ($74,591) ($74,591) ($74,591) ($74,591) ($74,591) ($74,591) ($74,591) ($74,591) $0 $0 $0 $0 Clean Energy COLLECTIVE . Down Payment $0 Net Cash Generated $1,229,560 Net Gain on Purchase $1,229,560 Cumulative Net cash Net cash Flow Flow $6,659 $6,659 $9,622 $16,281 $12 ,7 05 $28,986 $15,911 $44,896 $19,245 $64,142 $22,713 $86,855 $26,319 $113,174 $30,069 $143,243 $33,967 $177,210 $38,020 $215,229 $42,232 $257,462 $46,611 $304,072 $51,161 $355,233 $55,890 $411,123 $60,804 $471,927 $140,500 $612,427 $145,804 $758,231 $151,313 $909,545 $157,036 $1,066,581 401 Tree Farm Drive, Carbondale, CO 81623 // phone 800.646.0323 II fax 970.692.2592 II easycleanenergy.com The information contained in this proposal has been prepared in good faith . All figures herein are only estimates of future costs, production and savings . Actual performance will vary. Clean Energy Collective bears no responsibility for variations between its projections and the actual realized performance. This proposal should not be considered as investment or tax advice, nor is it the offering of a financial instrument or security. Consult your accountant about any possible tax implications related to this proposal. Projected bill credit savings estimates assume 4.8% annual electricity price inflation. Clean Energy COLLECTIVE . How the Xcel Energy Solar* Rewards Community Program Works Xcel Energy's Solar * Rewards Community Program provides Xcel Energy customers with the opportunity to purchase solar power from a number of community-owned solar facilities being built by Clean Energy Collective . The solar arrays are established by County and are designated to serve only those customers phys ically located within the county boundaries . CEC has 11 approved solar facilities in the following counties ; Denver (3), Jefferson (2), Boulder (3), Summit (2) and Arapahoe (1). Each of the solar arrays is progressing through a series of engineering and interconnection activities to determine optimal build characteristics and to establish the construction schedules . The table below shows the initial estimated credit rates Xcel Energy will apply to kWh's produced by panels in the community-owned solar facilities . Commercial credit rates are determined by customer and rate class and will vary from the estimated amounts listed below, primarily due to the impact of Demand Charges. Customers with high demand charges and low kWh usage will receive a higher credit per kWh. Xcel Fixed Credit Rates c $0.07369 SG,SGL,SST $0 .06902 v Secondary General, Low -load , Standby STOU $0.06598 v Secondary Time of Use SPVTOU $0.06591 v Secondary PV Time of Use PG,PST,SCS -7 $0 .05806 v Primary General, Standby , Regional Transportation District TG, TST, TIOU $0 .05526 v Transm ission , Standby, Time of Use V denotes credits rates that are variable by customer, and are established based on the preceding calendar year's actual usage and demand charges . The credit rates are tied to the retail rate charged by class and will rise and fall with Xcel Energy's retail rates , providing energy inflation protection for solar array customers . There are no caps on the cred it rates . Monthly Bill Credits Xcel Energy will calculate the amount of kWh 's attributable to each customer in the solar array on a monthly basis . Once the kWhs attributable to each customer are determined, Xcel Energy will calculate the credit amount owed and post it to their bill, one month in arrears . For example, September solar power will be credited to customers on their October dated bills from Xcel Energy . Xcel Energy will continue to bill all customers for the actual usage under prevailing tariff rates and will apply the solar array credits as a single line item entry, before taxes. Credits will reduce the amount of the current month's billings. Any credits that are unused will be rolled over and applied to future month's billings. Bill credits can be assigned or reassigned to any meter and any account you have with Xcel Energy in the County of the solar facility you are a part of. The reassignment capability allows your company the opportunity to move the bill credits from one location or account as service needs change over the 20 year contract. 401 Tree Farm Dri ve , Carbondale, CO 81623 // phone 800.646.0323 II fax 970.692.2592 II easycleanenergy.com The information conta ined in this proposal has been prepared in good fa ith . All figures herein are only estimates of future costs, production and savings . Actual performance w ill vary. Clean Energy Collective bears no respons ibility for variations between its projections and the actual realized performance . This proposa l should not be considered as investment or tax advice, nor is it the offeri ng of a finan ci al instr ument or security . Consult your accountant about any possible tax impl ications re lated to this proposal. Projected bill cred it sav ings estimates assume 4 .8 % annua l electricity price inflation . Renewable Energy Certificate Payments (REC Payments) Clean Energy COLLECTIVE . Xcel Energy makes Renewable Energy Certificate (REC) payments for the carbon offset and environmental benefits generated by clean renewable power produced by the solar array . CEC receives the REC Payments from Xcel Energy and deducts a portion of the REC Payment each month to fund the ongoing operations and maintenance of the solar array, ensuring that the facility has sufficient funds to operate for the first 20 years. CEC deposits these funds into the Operations & Maintenance Trust account. • CEC has set the initial O&M deduction at $0.02/kWh . This deduction is applied to all customers and all power produced on a monthly basis . CEC believes this amount will be sufficient to cover the operations and maintenance of the array for the first 20 years. After the deduction for operations and maintenance, CEC will calculate the remaining REC Payment attributable to each customer on a monthly basis. REC Payments will be equal to the customer's portion of the kWh produced for the month multiplied by the $0 .02 Net REC Rate . Payments will be released on a quarterly basis in arrears . REC payments will be made via electronic funds transfer or check. Federal Tax Credit The current federal tax code includes an available tax credit incentive for individuals and businesses who install a solar PV system on their property. This direct tax credit is unavailable to offsite community solar customers. CEC, however, is able to provide a 30% discount in the one-time system cost by capturing the federal tax credit for the entire array. This discount is equal to the value of the federal investment tax credit for solar installations . As a result, all CEC customers , regardless of their tax status, can experience the full value of the tax incentive without having to file for anything on their tax returns . Contract Structure Your organization will be purchasing a specific number of panels within CEC's solar facility. Under the terms of the contract you will appoint CEC as your agent to sell the power produced and environmental attributes of your panels to Xcel Energy . In return, you will receive both the energy bill credit on your Xcel Energy bill each month and a quarterly payment of Renewable Energy Credits from CEC. Taking direct ownership ofthe panels allows you to benefit from the estimated 50 year life of the solar facility and significantly increase the amount of savings your panels will generate. Reservations can be secured with a fully refundable 10% deposit with the full purchase price required at closing (upon activation of the array). CEC has financing partners available to provide loans for the purchase of interest in the solar arrays. Customer Purchase Restrictions Under the Xcel Energy program, customers cannot purchase interest in capacity greater than 120% of their average annual use , over the past 12 months. CEC works with Xcel Energy to confirm your previous 12 month usage and will present the analysis to you. Xcel Energy also restricts the purchase of interest in capacity to no more than 40% of the array's nameplate capacity to a single customer premise. Transfer and Sale Bill credits can be assigned to any meter under your Xcel Energy account, at any time. The reassignment capability allows you the opportunity to move the bill credits from one location or account as your organization's service need change over the 20 year contract . You can sell your interest in the solar array at any time, to any other qualifying Xcel Energy customer within the same county as the solar facility you have interest in . 401 Tree Farm Drive, Carbondale, CO 81623 II phone 800.646.0323 II fax 970.692.2592 II easycleanenergy.com The information contained in this proposal has been prepared in good faith . All figures herein are only estimates of future costs, production and savings . Actual performance will vary . Clean Energy Collective bears no respons ibility for variations between its projections and the actual realized performance . This proposal should not be considered as investment or tax advice, nor is it the offe ri ng of a financ ial instrument or security. Consult your accountant about any poss ible tax implications related to this proposal. Projected bill cred it sav ings estimates assume 4 .8% annual electricity price inflation . Operations & Maintenance Program Clean Energy COLLECTIVE CEC is responsible for the ongoing operations and maintenance of each solar array . This includes active daily monitoring of production and weather information, as well as real-time visibility into actual production . Any unexpected degradation in production is flagged and investigated by CEC and our maintenance personnel. To ensure that maintenance is provided over the life of the array, CEC establishes a separate O&M Trust account, which holds all of the funds necessary to pay for maintenance, insurance, property taxes and land costs . I .DS.OS ICIO.otl ... .,. ......... . ....,.. ....,. """' Expected Annual Production 1 2 l • S 6 7 I 9 10 11 11 U 14 IS 16 17 11 19 .lO 11 2) 1l 14 JS .... The manufacturer's 25 year panel warranty covers expected annual production at or above 90% in the first 10 years, and 80% far the remaining 15 years . Panels nat meeting the warrantied production levels will be replaced . The CEC O&M Trust program seeks to maximize production with proper monitoring, maintenance and timely repair. CEC's service and maintenance program is anchored by the creation of the O&M Trust and the funding that is placed in the account . The O&M Trust account is funded with an initial contribution by CEC and ongoing monthly contributions from the REC payment stream of $.02/kWh, for every hour of production. The Trust Account is established to ensure that the solar facility is able to operate for years to come, independent of CEC's continued operations . The CEC O&M Trust provides: • A segregated Trust Account that holds all of the Operations and Maintenance funds, the contract with Xcel Energy, the land lease and all of the manufacturers' warranties . • Real time monitoring of the array's production. • Real time monitoring of the weather and irradiation at the array. • Baseline production monitoring against the expected production per year, not just the manufacturers' warranties. If production falls by more than 2%, the array is inspected and faulty components are replaced or repaired. • Annual inspections of the array by certified technicians . • 25 year panel warranties from the manufacturer. • 10 year successive inverter warranties from the manufacturer. • 10 year installation warranty from the installation contractor. • Immediate repair or replacement of faulty or defective parts. • Insurance against all damages at full replacement value. Get Started Today 401 Tree Farm Drive, Carbondale, CO 81623 II ph one 800.646.0323 II fax 970.692.2592 II easycleanenergy.com The information contained in this proposal has been prepared in good faith . All figures herein are only estimates of future costs, production and savings. Actual performance will vary . Clean Energy Collective bears no responsibility for variations between its projections and the actual realized performance . This proposal should not be considered as investment or tax advice, nor is it the offering of a financial instrument or security. Consult your accountant about any possible tax implications related to this proposal. Projected bill credit savings estimates assume 4.8% annual electricity price inflation. Get Started Today Complete ALL of the following steps to reserve your system . 1. Choose your system size: kW System Size: Price: Ll_2_28_._42_o ______ __JI I $776,628 .00 Deposit: 1 1 $77,662.80 Clean Energy COLLECT! VE e 2. Send your Payment and Information -Complete all of the information on this page and then send with your refundable deposit check payable to: Clean Energy Collective Deposit Trust Mail to: Clean Energy Collective Deposit Trust, PO Box 173704, Denver, CO 80217-3704 Your deposit is fully refundable and secures your system in the array on a first-come, first-serve basis. 3. E-Sign your Agreements-Once we receive your information and deposit, we will create your customer agreements. You will receive an e-mail with instructions for completing the agreements electronically via CEC's secure website . 4. Customer Information-for all agreements (print) City of Wheat Ridge, CO Business or Organization Patrick Goff Contact Name Wheat Ridge co 80033 City State Zip 7500 W. 291h Avenue Mailing Address (if different than physical address above) 303-235-2805 303 -995-6465 Jefferson County Primary Phone Number See attached Secondary Phone Number see attached Xcel Account Number Xcel Premise Number Customer Signature Date 5. Confirmation -Your reservation is confirmed after receipt of your deposit. Your final payment is required to activate your panels once construction is complete. Thank you for joining Clean Energy Collective! 401 Tree Farm Drive, Carbondale, CO 81623 // phone 800.646.0323 // fax 970.692.2592 // easycleanenergy.com The information contained in this proposal has been prepared in good faith . All figures herein are only estimates of future costs, production and savings. Actual performance will vary. Oean Energy Collective bears no responsibility for variations between its projections and the actual realized performance . Th is proposal should not be cons ider ed as investment or tax advice , nor is it the offering of a financial instrument or security . Consult your accountant about any poss ible tax implications related to th is proposal. Projected bill credit savings esti mates assume 4.8% annual electric ity price inflation. -· VI "0 -t 3 :::r t1l :::r -g,ga-ro Qa::-..:r ct. ::l ~ ~ g g. ::J 3 Vlg@e» iil ~ g ~ 8 = :::1 f1) ~ < 8 CL -· Q.l ::J s ~-? g g.rooi5 vr~ma. '0 V1 ::l 5 ' o 5 ' m g. 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N U1 1.0 N ::::::: ~ Ql ~ n ii) Ql ::l ~ ::l ~ ~ n 0 3 Wheat Rfd&e Credit Analysis Address Facility Meter# Premise N Acoount N On-Bill Credit 4900 Ma rshall St SG W461BBT 300959796 53-7763359-5 $0.52838 11300 W 44th Ave Unt Fall Field SG 59980352 304316779 53-0762534-9 $0.50899 4355 Fiel d St SG W60930S 300676601 53-7763359-5 $0.46278 7SOO W 29th Av e Bldg P UMP SG 53942341 301079534 53-7763359-5 $0.17782 11220 W 45t h Av e Bldg Police SG W5 1954T 304011874 53-7763084-3 $0.11446 6363 W 35t h ave Bldg . RR SG 49435016 301U3669 53-7762988-4 $0.11189 9110 W 44th Avenue SG W37601T 300936541 53-7763359-5 $0.09030 5349 W . 27th Ave n ue R 35859566 300916497 53-7763359-5 $0.07441 4610 Robb St R 0 2197738 301213589 53-7763359-5 $0.07441 4355 Fiel d St reet c W2496438 300676605 53-7763359-5 $0.o7369 11220 W. 45th Avenue c W l506864 301420544 153-7763084-3 $0.07369 4255 Fe nton Street c 01232598 300678678 53-7763359-5 $0.07369 3400 Fe nton Street Street c 44816806 300751720153-7763359-5 $0.07369 6363 W. 35th Avenue c W981629 300921818 153-7762988-4 $0.07369 Cumulative Cumulative usace kW kW System Usage kWh usacekWh 120% Cap kW System 24,240.00 29,088 17.86000 17.860000 29,088 27,640.00 33,168 20.21000 38.070000 62,256 24,6U.OO 29,54E 18.09500 56.165000 91,802 15,192.00 18,230 11.04500 67.210000 110,033 34,040.00 40,848 24.91000 92.120000 150,881 72,240.00 86,688 53.11000 145.230000 237,569 36,880.00 44,2S6 27.02500 172.255000 281,825 19,521.00 23,425 14.33500 186.590000 305,250 3,1 15.00 3,738 2.11SOO 188.705000 308,988 21 ,264.00 25,517 15.51000 204 215000 334,505 8,049.00 9,659 5 .87500 210.090000 344,164 2,670.00 3,204 1.88000 211.970000 347,368 12,049.00 14,45 8.69500 220.665000 361,826 10,673.00 12,808 7.75500 U8.420000 374,634 Cumulative Total Annual On-Bill Utility Credit Rate Cost $0.52838 $18,264.90 $0.51805 $21,353.62 $0.50026 $16,297.84 $0.44684 $4,838.16 $0.35685 $5,972.09 $0.26747 $11,721 .32 $0.23965 $5,169.19 SO.U697 $2,251 .0 7 $0.22512 $414.46 $0.21357 $2,329.41 $0.20964 619.65 $0.20839 $161.79 $0.20301 $1,409.19 so 19859 _ _$1,4()9,19 Current Effective Retail Rate $075 $0.77 $0.66 $0.32 $0.18 $0.16 $0.14 so.u $0.13 $0.11 $0.08 $0.06 so.u $0.13 Cumulative Effective Retail Rate $0.75 $0.76 $0.73 $0.66 $0.53 $0.40 $0.36 $034 $0.34 $0.32 $0.31 50.31 $0.30 $0.26 ()() o m I QJ r-::J m m n ::J -i CD -~ <te m'< '-~A~ .... r-City of :P'WheatRi_dge ITEM NO: _j_£ DATE: December 8, 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 62-2014 - A RESOLUTION AMENDING THE FISCAL YEAR 2014 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $25,000 FOR CITY ATTORNEY FEES D PUBLIC HEARING D BIDS /MOTIONS ~ RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING D YES Should the City Council approve a supplemental budget appropriation in the amount of $25 ,000 for City Attorney fees through December 31 , 2014? PRIOR ACTION: City Council approves funding for City Attorney services annually through the adoption of the City budget. FINANCIAL IMPACT: The requested amount of the supplemental budget appropriation is $25 ,000 for City Attorney fees through December 31 , 2014. BACKGROUND: City Attorney, Jerry Dahl provided staff with an update on his budget. The unbilled time for No vember legal services is $11 ,000. Mr. Dahl estimates an additional payment of $14,000 will be necessary to complete outstanding legal issues for 2014. Typically, City Attorney fees Council Action Form -Legal Fees December 8, 2014 Page2 average $15 ,000 per monthly; however, legal preparation for marijuana policy issues, Fruitdale School transactions, and the November ballot preparation required additional legal support from the City Attorney. Therefore, the 2014 budget of$178 ,000 has been expended , requiring a $25 ,000 supplemental budget appropriation to meet obligations in 2014. RECOMMENDATIONS: Staff recommends approval of the supplemental budget appropriation. RECOMMENDED MOTION: "I move to approve Resolution No. 62-2014 -a resolution amending the Fiscal Year 2014 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of$25,000 for City Attorney fees ." Or, "I move to postpone indefinitely Resolution No. 62-2014 -a resolution amending the Fiscal Year 2014 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $25 ,000 for City Attorney fees for the following reason(s) " REPORT PREPARED BY: Heather Geyer, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 62-2014 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 62 Series of 2014 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2014 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $25,000 FOR CITY ATTORNEY FEES WHEREAS, the City Council recognizes and values the role the City Attorney's Office plays in providing legal expertise and services in carrying out daily operations of the City; and WHEREAS, legal services through December 31, 2014 are necessary to continue to move the strategic goals and operations of the City forward; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City Council authorizes additional funding for City Attorney services. B. The City Council authorizes the transfer of $25,000 from the general fund undesignated reserves to account number 01-107-700-750 and amending the 2014 fiscal year budget accordingly. DONE AND RESOLVED this 8th day of December 2014. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 ,.~~~ ... ~ r City of • :P'WheatRi_dge ITEM NO:~ DATE: December 8, 20I4 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 57-2014 - A RESOLUTION ADOPTING THE CITY BUDGET AND APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES IN THE AMOUNTS SPECIFIED FOR THE CITY OF WHEAT RIDGE, COLORADO FOR THE 2015 BUDGET YEAR (gl PUBLIC HEARING D BIDS /MOTIONS (gl RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR I ST READING 0 ORDINANCES FOR 2N° READING D YES Sections 10.7 and I 0.9 of the Wheat Ridge City Code require that a public hearing on the proposed budget be conducted before its final adoption and that the budget be adopted by resolution on or before the final day (December 15 , 2014) established by state statute for the certification of the next year 's tax levy to the county. Staff will provide a short presentation on the proposed 2015 budget during the public hearing portion of the City Council meeting. Overall , the proposed 20 I5 budget includes the following: • $9 million in proposed expenditures directly linked to City Council strategic goals • A balanced General Fund budget in the amount of $28 ,990,382 • A 7% decrease in the General Fund budget compared to the adjusted 2014 Budget • Reductions to the General Fund budget in the amount of $794 ,206 • Proposed Capital Inv estment Program (CIP) Fund in the amount of$7,595 ,228 • Proposed Special Revenue Funds in the amount of $4,698 ,384 • Proposed budget (all funds) in the amount of $41 ,283 ,994 Council Action Form -Adopting City Budget December 8, 2014 Page2 • Continued deferred maintenance and large equipment replacement PRIOR ACTION: • August II , 2014 -first public meeting to provide opportunity for citizens to comment on the budget • September 8, 20I4 -second public meeting to provide opportunity for citizens to comment on the budget • October I7, 20I4 -proposed 2015 Budget distributed to City Council and made available for public review • Octob er 20, 20I4 -City Manager presented the proposed budget to City Council during a Study Session • November I7, 20 I4 -City Manager presented options to City Council during a Study Session to balance the budget • December 8, 2 0I4 -as required by Section 10 .7 ofthe Wheat Ridge City Charter a public hearing was conducted to provide an additional opportunity for citizens to comment on the proposed budget prior to its adoption. Notification of the public hearing was made in the Wheat Ridge Transcript. • The proposed budget was made available for review by the public at the following location: Wheat Ridge City Hall City Clerk's Office 7500 West 29th Avenue The 2015 proposed budget was also available for purchase based on the City fee schedule from the City Clerk's Office. Additionally, the proposed budget and PowerPoint presentation from the budget retreat and public hearing were made available to the public at www.ci.wheatridge.co.us. FINANCIAL IMPACT: A total budget of $41 ,283 ,994 IS to be appropriated to the vanous funds m the attached resolution. BACKGROUND: At the November 17 , 2014 Study Session, City Council provided staff with consensus to bring the proposed budget to public hearing and adoption based with the following direction: • Balanced budget with reductions in the amount of $794 ,206 as shown in Attachment 4 . Additional reductions in the amount of $20,000 were made following the addition of increased funding for the WR2020 Community Improvement Program per City Council direction. CoW1cil Action Form -Adopting City Budget December 8, 2014 Page 3 • CIP option that allows for the City to fulfill its current grant commitments , $3.3 million in preventative street maintenance and $310,000 in priority discretionary CIP projects. 2015 PROPOSED CIP PROJECTS BUDGET Misc. Drainage Improvements $250,000 Maple Grove Reservoir $10,000 Kiplin2 Pedestrian Improvements $2,835,000 Tabor Street Improvements -Gold Line $680,228 Preventative Street Maintenance $3 ,300,000 Wadsworth PEL $470,000 ADA Transition Plan $50,000 Total $7 ,595,228 As we move into 2014 year end , and during the first quarter of 2015 , revenues and expenditures will be closely monitored. Staff plans to bring a first quarter financial update to City Council in 2015. Any additional recommendations for reductions or holds on discretionary spending will be made at that point in time. The 2015 Proposed Budget Message, found on pages 1 -11 of the budget book, is included below: OVERALL SUMMARY Wheat Ridge's total adopted General Fund operating budget for 2015 is $28 ,990,382 excluding transfers. The City's total 2015 operating budget represents a 7% decrease compared to the adjusted 2014 Budget. The projected 2015 General Fund ending fund balance is $6 ,010 ,246. Of this amoW1t , $4 ,928 ,365 or 17%, of expenditures is considered the unrestricted fund balance. The City 's financial policies require that the City maintain a minimum unrestricted fund balance of at least two months or approximately 17% of its General Fund operating expenditures, as recommended by the Government Finance Officers Association. The total adopted City Budget for 2015 , which includes the General FW1d , CIP and Special Revenue FW1ds , is $41 ,283 ,994. The CIP Budget is at $7 ,595 ,228 and the eight Special Revenue Funds' adopted budgets total $4,698 ,384. Sales tax , the City's largest revenue source, for 2015 is projected to increase by 3% compared to 2014 estimated revenue. Sales tax revenue is projected to increase by 7% compared to 2014 adjusted revenue. Overall , total General Fund revenues for 2014 are projected to increase by 1 0% compared to 2013 actual revenue and increase by 10% compared to 2014 adjusted revenue. However, 2015 proposed total General Fund revenues are projected to decrease by 5% compared to 2014 primarily due to one-time revenue generated from a sales tax audit in 2014. Council Action Form -Adopting City Budget December 8, 2014 Page4 The estimated 2014 Budget ending fund balance is $8,470,246, of which $7,395,246 or 25%, of operating expenditures is considered the unrestricted fund balance. The proposed 2015 Budget ending unrestricted fund balance is projected to decrease to $4,928,365, or 17% of operating expenditures, to allow for a $2,460,000 transfer to the CIP Budget. L ONG-TERM FISCAL CHALLENGES Long-term fiscal sustainability remains one of the City's greatest challenges. The City's proposed 2015 -2023 Capital lnveshnent Program (CIP) budget demonstrates the severity of our funding gap in regards to unfunded capital needs. The 2015 Proposed Budget inc] udes a minimal transfer of $2,460 ,000 from General Fund undesignated reserves to the CIP budget. Beyond 2015 , funds will not be available for capital needs unless significant cuts are made to operating expenses or additional revenues are found. The sales and use tax increase in the amount of I% that was on the November 2014 ballot did not receive voter approval. The requested tax increase would have generated approximately $6.4 million in new revenues annually that would have been dedicated to critical public works and parks and recreation capital infrastructure projects. Because the tax question did not pass, critical discussions with City Council will have to take place in 2015 to determine how the City will manage its capital infrastructure assets moving forward. WHEAT RIDGE FIVE-YEAR GOALS The Mayor, City Council and staff work together annually to develop and update a strategic plan that includes a vision, goals and action agenda. Staff used these goals as a guide to develop strategies and priority projects for the 2015 Budget. The Mayor and Council identified four key strategic goals for the next five years: I. Economically Viable Commercial Areas 2. Financially Sound City Providing Quality Service 3. Choice of Desirable Neighborhoods 4. More Attractive Wheat Ridge In addition , at the March 2014 retreat, the Mayor and City Council agreed to the following 2014/2015 Action Agenda: • Revenue enhancement • Engage development and redevelopment opportunities • Community I neighborhood building • Code enforcement • 38th Avenue Corridor implementation • Targeted housing incentive policies • Multi-modal transportation The proposed 2015 Budget includes the following expenditures to address the Five-Year Goals and the 2014/2015 Action Agenda: (Division #) Council Action Form -Adopting City Budget December 8, 2014 Page 5 Goal 1: Economically Viable Commercial Areas • Urban renewal funding for Renewal Wheat Ridge (RWR) projects $450,0000 (105 to RWR) Amount reduced by $150,000, revised total is $300,000 • Enhanced Sales Tax Incentive Program (ESTIP)/Tax Increment Financing (TIF) $400 ,000 (1 05) • Ridge at 38 public events $98 ,600 (105) Amount reduced by $10,000 revised total is $88,600 • Citywide public relations and marketing efforts $80,000 (105) • Community engagement and communications $50,000 (1 05 to WR2020) Amount reduced to $0 • Wheat Ridge Business District (WRBD) loan program $45 ,000 (1 05 to WRBD) • Live Local events $40,000 (1 05 to WR2020) • Building up Business Loan Program (BUBL) $25,000 (105 to WR2020) • Citywide marketing and positioning tours $15,000 (1 05 to WR2020) • 44th Avenue Corridor marketing efforts $10,000 (105) • 29th A venue Marketplace marketing efforts $5,000 (1 05) • Kipling Corridor planning efforts $151,700 (123) Amount reduced by $50,000, revised total is $101,7000 • Ridge at 38 banners and lights program $15 ,000 (105) Goal2: Financially Sound City Providing Quality Service • Preventative street maintenance $1,600 ,000 (CIP Fund) Amount increased to $3.3 million • Transfer to Equipment Replacement Fund for equipment replacement $125,000 (610) Amount reduced to $0 • Fleet acquisition and replacement $516 ,000 (303) Amount reduced by $45,000, revised total is $471,000 • Employee compensation -3% projected Pay-for-Performance $450,000 (61 0) • Regionalization of the Police Department's Records Management System (RMS) $235 ,000 (Fund 57) • Lakewood crime lab services $69,600 (212) • City Hall LED lighting retrofits $35,000 (118) Amount reduced to $0 • Regional crime lab $31 ,2 80 (212) • Employee safety and wellness programs $30,950 (112) Amoullt reduced by $9,000, revised total is $21,950 • Priority Based Budgeting (year 4) $17,000 (111) Goal 3: Choice of Desirable Neighborhoods • Prospect Park improvements $300,000 (OS Fund) • Outdoor pool maintenance $180,000 (OS Fund) • Pedestrian/bicycle Improvements $100,000 (CIP) Amount reduced to $0 • Recreation Center maintenance $100,000 (CT Fund) • Hank Stites Park playground replacement $85,000 (CT Fund) • Active Adult Center parking lot replacement $75,000 (CT Fund) Council Action Form -Adopting City Budget December 8, 2014 Page 6 • Kipling Pedestrian Trail improvement grant match $70,000 (OS Fund) • East Wheat Ridge Block Improvement Program $35 ,000 (1 05 to WR2020) Amount remains the same • Traffic signal upgrades $28 ,500 (303) • Home Investment Loan Program (HIP) $25 ,000 (1 05 to WR2020) • Hayward Park outdoor fitness equipment $25,000 (CT Fund) • Police Department community-oriented neighborhood programs $17 ,655 (211) • Police Department greenbelt patrol $17 ,280 (211) • Aging Needs Plan implementation $13 ,000 (111) Amoullt reduced to $0 • Police Department special events overtime $1 0 ,000 (211) G o al 4: M o re Attr a ctive W heat Ridge • Kipling Street multi-use path and lighting $2,835 ,000 (CIP Fund) -partially grant funded • Parks & trails maintenance projects $230 ,000 (CTF and OS Funds) • Open Space improvements $90 ,000 (OS Fund) • Citywide right -of-way maintenance $55,636 (603) • Bus shelter and bench maintenance and cleaning $36 ,000 (303) • Public art acquisition $20 ,000 (Public Art Fund) • Ridge at 38 rumual plantings $5 ,000 (604) • Large-item pickup program $5 ,000 (303) Additionally, the following budget expenditures are not directly related to any one of the City Council goals , but are worthy of noting and are included in the proposed 2015 Budget: • City sponsorships/conmmnity partnerships: o Carnation Festival/Zoppe Frunily Circus $80 ,000 and in-kind assistance $28 ,000 (1 02) Reduced by $30,000, revised total is $50,000 o Senior Resource Center (SRC) circulator bus $42 ,000 (1 02) Amount reduced to $30,000 o Jeffco Public Schools outdoor lab $16 ,450 (1 02) Amount reduced to $0 o Arvada Food Bank $15 ,000 (102) Amount reduced to $10,000 o Feed the Future Backpack Program $10 ,000 ( 1 02) o Action Center capital campaign $10 ,000 (1 02) Amount reduced to $0 o Outside agency requests $10 ,000 (1 02) o Regional Air Quality $4,000 (1 02) o Kite Festival $3 ,000 (1 02) o Exempla Lutheran Leaves of Hope event $2 ,500 ( 1 02) o Jefferson Center for Mental Health $2 ,500 (1 02) o Wheat Ridge High School Fanners 5000 $2 ,500 (1 02) o Wheat Ridge Active Transportation Advisory Committee $1 ,000 (1 02) • Management contingency fund $100 ,000 (106)-consolidation of Citywide contingency funds • Biennial citizen survey $21 ,000 (111)-project was budge ted in 2014 and put on hold until 2015 Council Action Form -Adopting City Budget December 8, 2014 Page 7 A TRADITION OF EXCELLENCE IN A.C.T.I.O.N! The City of Wheat Ridge has earned a reputation for repositioning itself and becoming a community of choice. In 2015 , the City will celebrate the 1Oth anniversary of the development of the Neighborhood Revitalization Strategy (NRS) plan. This grassroots, community-driven planning document has guided the transfonnation the City has experienced over the past ten years . The City has received numerous state and national awards for its local partnerships and innovative approaches to service delivery. The City's reputation was created by the excellent stewardship provided by past City Councils and staff at all levels. An Engaged Community A commitment to excellence has helped position the City to respond and plan for the needs of the future. The City prudently responded to the fiscal challenges of the recent recession by making cuts and deferring expenses while minimizing impacts to the levels of service. As the recessionary period winds down , the City is seeing a positive shift in community engagement. The demand for services, amenities , and community events that provide opportunities for citizens to come together has increased. Participation in educational academies , involvement on boards and commissions, and overall , participation in community and neighborhood planning efforts has also increased. The City has an extremely engaged community, focused not only on the short-term viability of the City, but more importantly, on the long-term sustainability of the City. An Engaged Organization City staff, at all levels, continually approach their jobs looking for ways to improve the level of service, contain costs, improve efficiency, leverage partnerships and generate innovative ideas so the community receives the best possible service. The City actively pursues grant opportunities and has a solid track record of success in receiving grants. City staff is empowered to continue to look for additional cost-effective opportunities to partner with local and regional organizations , to explore and expand the use of alternative service delivery opportunities , to continue to use volunteers where feasible , to increase cost recovery, and to discontinue or reduce service standards for those programs that are that are less of a priority. Priority Based Budgeting In 2014, the City embarked on year three of the Priority Based Budgeting (PBB) process. The City has received national recognition and interest from other local governments who are considering switching to a priority-driven budget. The City engaged the Center for Priority Based Budgeting in 2012 to facilitate the transition from a more traditional incremental budgeting process to a priority-driven budgeting process. The Center's mission is to "lead communities to fiscal health and wellness." Priority Based Budgeting is another tool that will allow the City's management team to improve the programs and services provided by aligning resource allocation with the results the City is working to achieve. The primary area that we continue to integrate into the budget process is the focus on budget variances. Budget variances generally occur because certain line items must be budgeted based on projected use such as staffing, fuel , and utilities. However, circumstances such as employee Council Action Form -Adopting City Budget December 8, 2014 Page 8 turnover, the weather or the economy dictate what those true expenditures will be on an annual basis. For example, if we experience an unusually bad winter or fuel prices skyrocket, mid-year supplemental budget appropriations may be required. In addition to continuing the variance exercise for development of the 2015 Budget, staff added a contingency reduction exercise. Included in the City Manager's Budget is a management contingency fund in the amount of $100 ,000. This is the result of a consolidation of City-wide contingency funds in 2014 which enabled staff to cut approximately $70,000 from the 2014 proposed budget. In the past contingency funds have been budgeted for carrying out policy direction by City Council that may not be planned for at the time of budget development. An example of this would be engineering or design work required for a public project. Contingency funds were used in 2014. However, those items placed on the contingency fund list were notre- budgeted in 2015. Overall , for the 2015 Budget, staff made approximately $589 ,649 in the reduction of funding requests that were not considered critical to meeting the City 's defined results. Collectively, the variance and contingency fund tools have been an important step in our continued integration of a priority-driven budget system. This process has enabled staff to look at the budget data through a different lens. REVENUES AND EXPENDITURES The total 2015 Proposed Budget is $41 ,283 ,994. The Budget is based on projected revenues of $36 ,104,362. In addition , the beginning fund balance for 2015 is projected at $13 ,027 ,058 which brings the total available funds to $49 ,131 ,420. This will provide for a projected ending fund balance of$7,847 ,426 which is a 19% decrease compared to the 2014 Adopted Budget. Detailed revenue and expenditure tables are presented in the Revenue and Expenditure Summary section of this Budget. GENERAL FUND General Fund revenue is projected at $28 ,990,382 , which is a 5% decrease compared to 2014 estimated revenues. In addition , the beginning fund balance for 2015 is projected at $8 ,470 ,246 which brings the total available funds for the General Fund to $37 ,460 ,628. General Fund expenditures total $28 ,990,382 , excluding transfers. General Fund expenditures represent a 7% decrease compared to the adjusted 2014 Budget and a 2% decrease compared to the estimated 2014 Budget. This will provide for a projected ending fund balance of $6 ,010 ,246 , of which $4,928 ,365 (17% of operating expenditures) is considered unrestricted. CAPITAL INVESTMENT PROGRAM FUND CIP Fund revenue is projected at $5 ,780 ,228 ($2,460 ,000 transferred from the General Fund) which is a 28% increase compared to the 2014 estimated revenue of $4,541,601. In addition , the beginning fund balance for 2015 is projected at $1 ,879 ,302 which brings the total available funds for the CIP Fund to $7 ,659 ,530. Council Action Form -Adopting City Budget December 8, 2014 Page9 The proposed 2015 CIP includes the following major projects: • $2.8 million for Kipling Street pedestrian trail improvements -partially grant funded • $1.6 million for preventative street maintenance projects Amount increased to $3.3 million • $630,228 for Gold Line Station street project -fully grant funded • $470,000 for Wadsworth Planning Environmental Linkage (PEL)-partially grant funded • $260 ,000 for drainage improvement projects (mainline storm sewer outfall replacements along Clear Creek and Maple Grove Reservoir improvements) • $225 ,000 for Public Improvement projects (29th Avenue and Fenton Street intersection improvements) Amount reduced to $0 • $150,000 for Traffic Management Program (traffic calming improvements and traffic signal upgrades) Amount reduced to $0 • $100,000 for Bike/Pedestrian trail improvements Amount reduced to $0 • $50,000 for ADA transition plan for improving sidewalk accessibility Citywide • $25 ,000 for Public Works/Parks Shops Amount reduced to $0 • $15,000 for street lights Amount reduced to $0 CIP expenditures total $7 ,595 ,228 which is a 17% decrease compared to the adjusted 2014 Budget and a 50% increase compared to the estimated 2014 Budget. This will provide for a projected ending fund balance of $64,302. Typically the CIP Budget is funded primarily with General Fund undesignated reserves. The City Council adopted a General Fund reserve policy in 2011 setting the minimum reserve level at 17%. In order to maintain this minimum reserve balance in the General Fund in 2015 and beyond , the General Fund will no longer be able to fund the CIP Budget after 2015. To continue funding CIP projects , City Council will need to consider substantial cuts in the City's operating budget or find new revenue sources for 2016. Without additional funding , the proposed CIP Budget for 2016 to 2023 will be limited to the following projects: • $350,000 for minor street improvements in 2016 • A total of $1.5 million available for preventative street maintenance over an 8 year period. Staffhas identified the need for $3.9 million annually to maintain an appropriate street pavement Overall Conditions Index (OCI) of at least "good." OPEN SPACE FUND Open Space revenue is projected at $967 ,000 which is a 45% decrease compared to the 2014 estimated revenue of$1 ,769,346. The large decrease is primarily due to Jefferson County grants received in 2014. In addition , the beginning fund balance for 2015 is projected at $442 ,511 , which brings the total available funds for the Open Space Fund to $1 ,409 ,511 . Open Space projects for 2015 include: • Open Space improvements • Improvements to Prospect Park Council Action Form -Adopting City Budget December 8, 2014 Page 10 • Completion of the master plan design for the renovation of Prospect Park and improvements • Parks maintenance projects • Trail replacement and repair • Outdoor pool maintenance and repair • Matching funds for the Jefferson County Opens Space River Corridor signage project and Kipling Trail pedestrian improvements Funding is also appropriated for five Parks maintenance workers. Open Space expenditures total $1 ,307,3 79 which is a 51% decrease compared to the adjusted 2014 Budget and a 48% decrease compared to the estimated 2014 Budget. These expenditure decreases are due to construction of Hopper Hollow Park in 2014 and a Parks vehicle storage building. This will provide for a projected ending fund balance of $102 ,132. The future five-year Open Space Budget proposes the continuation of miscellaneous open space improvements, parks maintenance projects , trail replacement and repair, Prospect Park improvements , a new public works and parks operations facility , and funding for five additional Parks positions. No changes were recommended by City Council. CONSERVATIO N T R UST FUND Conservation Trust revenue is projected at $301 ,000 , which is equal to the 2014 estimated revenue. In addition , the beginning fund balance for 2015 is projected at $315 ,538 , which brings the total available funds for the Conservation Trust Fund to $616 ,538 . Conservation Trust projects for 2015 include: • Recreation Center maintenance projects • Active Adult Center parking lot replacement • Installation of outdoor fitness equipment at Hayward Park • Playground equipment replacement at Hank Stites Park • Parks maintenance projects • Resurfacing oftennis and basketball courts Conservation Trust expenditures total $365 ,000 , which is a 54% decrease compared to the adjusted 2014 Budget and a 35% decrease compared to the estimated 2014 Budget. These expenditure decreases are due to construction of Hopper Hollow Park in 2014. This will result in a projected ending fund balance of $251 ,538. The future Five-Year Conservation Trust Budget proposes to provide funds for Recreation Center maintenance needs , Anderson Building replacement, parks maintenance projects , resurfacing of tennis/basketball courts , Discovery Park ADA playground and Boyds Crossing playground. No changes were recommended by City CounciL Council Action Form -Adopting City Budget December 8, 2014 Page 11 RECREATION CENTER OPERATIONS FUND Recreation Center Operations revenue for 2015 is projected at $2,074,642, which is a decrease of 0.2% compared to the 2014 estimated revenue of $2,079,559. In addition, the beginning fund balance for 2015 is projected at $1,000,075 which brings the total available funds for the Recreation Center Operations Fund to $3,074,717. Recreation Center expenditures total $2,363,101, which is a 4% increase compared to the adjusted 2014 Budget and a 6% increase compared to the estimated 2014 Budget. This will provide for a projected ending fund balance of $711,616. No cha1lges were recomme1lded by City CoUttciL OTHER SPECIAL REVENUE FUNDS Several other Special Revenue Funds are also included in this Budget to track revenues and expenditures that are designated by law to be used for specific purposes or are used to simplify the budgeting process. Those funds include the Public Art, Police Investigation, Municipal Court, Equipment Replacement, and Crime Prevention/Code Enforcement funds. Detailed revenue and expenditure infonnation for these funds can be found in the Special Revenue Funds and the Line Item Accounts sections of the Budget. City Council direction at the November t7'h Study Session included removing the proposed budget transfer of $125,000 to the Capital Equipment Replacement Fund. DEBT The City currently has no debt. However, the City's Urban Renewal Authority (Renewal Wheat Ridge), is a component unit of the City and does have a loan in the amount of$728,838 for the Town Center North project. The Urban Renewal Authority also has a loan with the City in the amount of $690,000 for infrastructure improvements at Town Center North and the purchase of an environmentally contaminated property at 38 1h and Yukon Court. These loans will be paid-off with the sale of properties at Town Center North and 38 1h and Yukon in 2014 and 2015. Additionally, the Urban Renewal Authority provided a loan in the amount of $2.4 million for the Kipling Ridge commercial center development. The term of this loan is for 10 years and will be paid from sales and property tax incremental revenue from the Kipling Ridge project. COMPENSATION, BENEFITS AND STAFFING Personnel-related expenses account for the largest portion of the City's Budget; therefore, maintaining this investment is a high priority. In 2013, the City launched a new compensation plan for full-time/part-time benefited employees that is financially sustainable and is a plan that will help the City recruit and retain top talent. Additionally, the compensation plan is market- based and fully aligned with the Performance Management Project (PMP) that has culminated in the full implementation of a pay-for-performance system. The City's pay-for-performance model is consistent with the culture and commitment to A.C.T.I.O.N!-the City's core values of Council Action Form -Adopting City Budget December 8 , 2014 Page 12 Accountability -Change -Teamwork -Integrity -Opportunity -Now!. It is important for the City to reward employees who exemplify these core values and who help achieve the City's strategic results. The new compensation plan consists of two sub plans 1) a pay-for-performance open range plan , which includes civilian and police sergeants and higher ranks, and 2) a sworn step plan , which includes Police Officer I and II positions. Employees will be eligible for a performance increase on January 1, 2015 , based on how well they meet the core values and competencies ofthe new PMP system. The pay-for-performance budget is detennined on an annual basis according to what comparable organizations are providing and what the City can afford for that fiscal year. The City conducted a biennial market review in 2014. For 2015, the market shift in compensation is 3% for the City plans noted above . The proposed 2015 budget includes $450,000 in the Central Charges budget to fund both sub plans. The City continues to provide a competitive benefits package to employees that includes medical , dental , life and disability benefits. Throughout the year, staff works closely with the City's benefit broker, IMA , to ensure that the City is controlling benefit costs while still providing a competitive benefits package to its employees , which is a vital part of the City's total compensation approach to pay. The City currently provides Kaiser Permanente plans for employee medical benefits. Medical premiums will increase by 5% for 2015. There are several key factors that play a role in calculating the City 's health care premium renewal. Participation in the Wellness Program is a positive contributing factor to the minimal premium increase. Historically, the City's premium increases range from I 0 -15 %, which is the market average. The 5% increase for 2015 is well below that average. The City will continue to encourage enrollment and active patticipation in the Wellness Program . There is minimal increase to the dental premium , but the life and short- term disability premiums will remain constant. In 2015 , the City will continue to offer the High Deductible Health Plan (HDHP). This plan was added in 2013 and is a consumer model of health care paired with a Health Savings Account (HSA). The City will also continue to offer the traditional HMO plan. The premiums for both the employee and the City are lower for a HDHP but the out-of-pocket costs to the employee are higher. The goal of the consumer-driven HDHP is to encourage employees to manage costs through effective use ofhealth care. The 2015 staffing level will increase by a net of3.ll FTE's for a total of230.375 FTE's in all funds . Staffing levels continue to remain below the 233.755 FTE's authorized in 2002 before the budget reduction program and elimination of positions in 2003 and 2004 . Council Action Form -Adopting City Budget December 8, 2014 Page 13 New Positions: 1.0 FTE Permit Technician-Community Development -Over the past six years, the Building Division has seen a significant increase in the volume of building permits in the City. The division is understaffed to meet the current demands with the existing Senior Permit Technician. The creation of this position will increase customer service by expediting the processing of building permits and allowing for expansion of over-the-counter permitting. Additionally, this position will allow for the division to expand its hours of operation and eliminate waiting times for customers seeking permits or code information. 2.0 FTE Emergency Services Specialist (ESS) -Police Department -Currently the Communications Center which operates 24 hours a day/7 days a week is not adequately staffed according to the Association of Public Safety Communications Officials International (APCO) staffing standards, which creates a public safety issue. The APCO studies conducted in 2007 and 2013 recommended that the City needs to add 5.3 dispatcher positions. Due to the limited staffing in the center, there may be only one dispatcher in the Communications Center at any given time. While the gaps in adequate coverage have been managed by existing staff working additional hours and with a Lead ESS, the result has been increased turnover, fatigue, loss of focus on the job and overall burnout. The liability of not increasing staffing in the Communications Center is the potential for service impacts if a major incident occurs and a single dispatcher is not able handle the call volume. 1.0 FTE Deputy Court Administrator-Municipal Court -This position will support the Court Administrator in the supervision of six Deputy Court Clerks Jill. This reorganization will reduce the number of direct reports to the Court Administrator and create capacity within the department for improved communication, and the coaching and mentoring of employees. Eliminated Positions: 0.875 FfE Deputy Court Clerk-Municipal Court -This allocated FTE has been vacant for several years. With the addition of a Deputy Court Administrator this FTE can be eliminated. 0.010 FfE Court Marshal-Municipal Court -An adjustment of.OJO FTE (previous years rounding error for Court Marshal position(s)) for a total decrease ofO.OJO FTE. 0.005 FTE Recreation Coordinator -Parks and Recreation -An adjustment of.005 FTE (previous years rounding error for recreation coordinator) for a total decrease of 0. 005 FTE. Grant Funded Positions: 2.0 FfE Police Officer(s)-Police Department Council Action Form -Adopting City Budget December 8, 2014 Page 14 -The Police Department was awarded a Community Oriented Policing Services (COPS) grant in September 2010 for a total of$508,902 . Funding for this grant will be expended during the first pay period in January 2015. Receipt of the COPS grant included the requirement to continue funding these two positions for a one year period. After grant funds have been fully expended, these positions will be funded through the General Fund. RECOMMENDATIONS: Adopt the 2015 Budget as proposed. RECOMMENDED MOTION: "1 move to approve Resolution No. 57-2014, a resolution adopting the City Budget and appropriating sums of money to the various funds and spending agencies in the amounts specified for the City of Wheat Ridge, Colorado for the 20 15 Budget Year." Or, "I move to postpone indefinitely Resolution No. 57-2014, a resolution adopting the City Budget and appropriating sums of money to the various funds and spending agencies in the amounts specified for the City of Wheat Ridge, Colorado for the 2015 Budget Year for the following reason( s) " REPORT PREPARED/REVIEWED BY: Heather Geyer, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: l. Resolution No. 57-2014 2. Revised 2015 Proposed Revenues & Expenditures Summary 3. Revised 20 15 Proposed Capital Investment Program ( CIP) budget 4 . Revised 2015 General Fund Budget Reductions to Balance Budget TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 57 Series of 2014 A RESOLUTION ADOPTING THE CITY BUDGET AND APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES FOR THE CITY OF WHEAT RIDGE, COLORADO, FOR THE 2015 BUDGET YEAR WHEREAS, the City of Wheat Ridge annual budget for the fiscal year 2015 has been established and public hearings and meetings have been held after duly published public notices; and WHEREAS, the budget provides for the combination of revenues and excess fund balance reserves equal to or greater than the total proposed expenditures as set forth in said budget in the total amount of $41 ,283,994 which includes the following funds: 1. Fund 01 -General Fund $31,450,382 2. Fund 12 -Public Art Fund $20,000 3. Fund 17 -Police Investigation Fund $25,000 4. Fund 30 -Capital Investment Fund $7,595,228 5. Fund 32 -Open Space Fund $1,307,379 6. Fund 33 -Municipal Court Fund $26,000 7. Fund 54-Conservation Trust Fund $365,000 8. Fund 57 -Equipment Replacement Fund $235,000 9. Fund 63 -Crime Prevention Fund $356,904 10. Fund 64-Recreation Center Operation Fund ~2,363,101 Total: $43,743,994 Less Transfers: ($ 2,460,000) Total Expenditures: $41,283,994 Attachment 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that the City of Wheat Ridge Total Budget as stated in the Resolution be hereby approved, adopted, and appropriated for the entire fiscal period beginning January 1, 2015 and ending December 31, 2015. DONE AND RESOLVED THIS ___ day of _____ , 2014. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk ~~·~ ~of WheatRi_dge Budget Summary by Fund Operating Funds General $8,470,246 + $28 ,990 ,382 = $37,460,628 -$31,450,382 = $6,010 ,246 Unrestricted Fund Balance $4,928,365 17% Capital Funds Capital Investment Program $1,879,302 + $5 ,780,228 = $7,659 ,530 -$7,595,228 = $64 ,302 Special Revenue Funds Public Art Fund $47,331 + $37 ,710 = $85,041 $20,000 = $65 ,041 Police Investigation $80 ,725 + $350 = $81 ,075 $25 ,000 = $56 ,075 Open Space $442 ,511 + $967,000 = $1,409 ,511 $1 ,307 ,379 = $102 ,132 Municipal Court $30 ,350 + $28,050 = $58 ,400 $26 ,000 = $32,400 Conservation Trust $315 ,538 + $301 ,000 = $616,538 $365 ,000 = $251,538 Equipment Replacement $530 ,705 + $54,000 = $584 ,705 $235 ,000 = $349 ,705 Crime Prevention/Code Enforcement Fund $230 ,275 + $331 ,000 = $561 ,275 $356 ,904 = $204 ,371 Recreation Center $1,000 ,075 + $2 ,074,642 = $3 ,074 ,717 $2,363 ,101 = $711 ,616 Total Operating Funds $8,470 ,246 + $28 ,990 ,382 = $37,460 ,628 $31,450 ,382 = $6 ,010 ,246 Total Capital Funds $1 ,879 ,302 + $5 ,780 ,228 = $7 ,659 ,530 $7 ,595 ,228 = $64 ,302 Total Special Revenue Funds $2 ,677 ,510 + $3 ,793,752 = $6,471 ,262 $4 ,698 ,384 = $1 ,772 ,878 (Less Transfers) + ($2,460 ,000) = ($2,460 ,000) ($2,460,000) = Attachment 2 :~# ~ltyof WhcatRLdgc General Fund Revenues SALES TAXES Sales Tax $15,466 ,512 $15 ,500,000 $15 ,837 ,708 $16,200 ,000 Sales Tax Audit Revenue $330 ,103 $250,000 $1,900,000 $350 ,000 ESTIP $0 $103 ,000 $0 $0 TIF-Wheat Ridge Cyclery $59,476 $0 $40,000 $40,000 TIF-Town Center (Safeway) $439 ,134 $425,000 $475 ,000 $475 ,000 ESTIP-Dillion Co . (King Soopers) $29 ,036 $0 $160,000 $110,964 ESTIP-Liquid Art Works (Colorado Plus) $8 ,024 $0 $17,000 $25 ,000 ESTIP-Muscle Masster $0 $0 $5 ,700 $5 ,000 ESTIP-Taste of Home Cooking $1 ,846 $0 $1,887 $0 ESTIP -Walrus (West 29th Ave Rest) $9,671 $0 $6 ,500 $10,000 TIF- OTHER TAXES Real Property Tax $736,015 $750 ,000 $744 ,111 $758 ,000 Liquor Occupational Tax $60 ,520 $60,000 $62 ,500 $62 ,500 Auto Ownership Tax $54 ,997 $53 ,000 $58 ,000 $58,000 Xcel Franchise Tax $1 ,318 ,887 $1 ,335 ,000 $1 ,376 ,918 $1 ,300 ,000 Telephone Occupation Tax $374,371 $385 ,000 $385 ,000 $390 ,000 Lodgers Tax $544 ,276 $500 ,000 $650,000 $550 ,000 Admissions Amusement Tax USE TAXES Use Tax-Reta il/Professional $595 ,715 $682 ,000 $826 ,000 $700 ,000 Use Tax-Building $749 ,707 $675 ,000 $770 ,000 $805 ,000 Use Tax-Auto LICENSE Amusement Machine License $6,720 $7 ,500 $6 ,500 $6 ,500 Arborist License $1 ,750 $1 ,760 $1 ,700 $1 ,700 Contractors License $112 ,685 $100 ,000 $120 ,000 $120 ,000 Liquor License Fee $16 ,340 $12 ,500 $12 ,500 $12 ,500 Build ing Permits $557 ,858 $511 ,000 $575 ,000 $607 ,000 Street Cut Permits $153,459 $75 ,000 $125 ,000 $125 ,000 Cab le TV Permits $366 ,216 $365 ,000 $367 ,500 $365 ,000 Elevator Inspection Fees $25,410 $25,410 $27 ,500 $26 ,000 Pawn Shop License Fees $10 ,000 $10 ,000 $10 ,000 $10 ,000 Business License Fees "' ~ t .. ~of Wlie atR,!9ge General Fund Revenues INTERGOVERNMENTAL Cigarette Tax County Road and Bridge Arvada Ridge Redevelopment Highway Users Tax Motor Vehicle Registration Wheat Ridge Fire Radio E911 Reimbursements EPA Brownfields Grant Police -CATPA Auto Theft Grant Police -Seat Belt Safety Grant Police -Drug Overtime Grant Police -COPS Grant Police -Bryne Grant Police -Child Safety Grant Police -Ball istic Vest Grant Police -LEAF Grant Scientific & Cultural Grant Police-HVIDE SERVICES Zoning Applications Planning Re imbursement Fees Engineering Fees Misc. Zoning Fees Plan Review Fees Pavilion/Park Rental Revenue Athletics Revenue Active Adult Center Revenue Parks Historic Fac ilities Gen . Prog . Revenue Anderson Building Revenue Outdoor Swimming Fees Retail Marijuana Fees Police Report Fees Pawn Shop Ticket Fees Sex Offender Registration Police Drug Destruct ion Fees Police Fees Police Duty Reimbursement FINES & FORFEITURES Municipal Court Fines Nuisance V iolations Fees Handicap Parking Fees Traffic General Other Parking No Proof of Insurance , I ;• ~~-I' , . ,: .J , , I $81 ,375 $277 ,017 $100 ,000 $995,610 $113,434 $33 ,978 $48,090 $138 ,776 $73 ,572 $1 ,536 $3 ,768 $128 ,777 $27 ,604 $4 ,877 $4 ,229 $2 ,306 $2 ,017 $7.833 $37 ,062 $2 ,670 $4 ,294 $644 $290 ,228 $30 ,171 $135 ,683 $199 ,380 $28 ,320 $166 ,603 $13,485 $150,431 $0 $11 ,777 $31 ,933 $6 ,291 $360 $3 ,643 $10.360 $85 ,000 $275 ,000 $100 ,000 $975 ,000 $111 ,000 $35 ,000 $50 ,000 $250 ,000 $51 ,095 $2 ,500 $7 ,500 $132 ,000 $23,476 $5 ,000 $6 ,000 $5 ,000 $0 $12.000 $42,400 $4 ,000 $7 ,500 $1 ,000 $266 ,500 $26 ,000 $131 ,036 $192 ,250 $24 ,000 $178,445 $9 ,000 $165 ,000 $0 $11 ,000 $25 ,000 $7 ,000 $400 $4 ,000 $25.000 $115 ,323 $120 ,000 $71 ,919 $58 ,800 $420 $1 ,500 $412 ,073 $490 ,000 $70 ,585 $80 ,000 $17 ,613 $18 ,000 $3,483 $5 ,000 $15 .318 __ $20.000 $89,431 $282 ,830 $100 ,000 $992,212 $119 ,500 $27 ,800 $56 ,500 $142 ,172 $81,520 $2 ,500 $7 ,500 $155 ,842 $8 ,172 $5 ,000 $6 ,000 $5 ,000 $0 $12.000 $46 ,000 $6 ,500 $12 ,000 $6 ,000 $275 ,000 $27,486 $121 ,088 $185 ,000 $17 ,200 $158 ,606 $12 ,000 $143 ,360 $33 ,000 $13 ,308 $28 ,000 $6 ,660 $400 $4 ,000 $15.000 $100,000 $60 ,000 $500 $425 ,000 $55 ,000 $15 ,000 $8 ,000 $15 .500 $85 ,000 $280 ,000 $100 ,000 $1,000,000 $119 ,000 $29 ,200 $53 ,000 $168 ,357 $81 ,225 $2 ,500 $7 ,500 $0 $15,300 $5 ,000 $10 ,000 $5 ,000 $0 $12 .000 $45 ,000 $6 ,000 $7 ,500 $3 ,000 $205 ,000 $28 ,000 $131 ,036 $191 ,100 $22 ,000 $160 ,000 $12 ,000 $156 ,600 $33 ,000 $13 ,000 $28 ,000 $6 ,500 $400 $3 ,500 $20 .000 $110 ,000 $60 ,000 $500 $425 ,000 $70 ,000 $20 ,000 $8 ,000 $20.000 General Fund Revenues INTEREST OTHER Cable Peg Fees Passport Process ing Fee Zoppe Fam ily Circus Miscellaneous Income $37 ,069 $6 ,600 $62 ,507 $44 ,200 $5 ,500 $60 ,000 $38 ,000 $5 ,500 $60 ,000 1 ,' ~·· .. ~ , 1 ' ... \it.t 1 11·)11 1 ~ $38 ,000 $5 ,000 $0 General Fund Expenditures Legislative Legislative Services City Manager City Attorney City Treasurer Central Charges Municipal Court Administration Finance Human Resources Sales Tax Purchas ing and Contracting Information Technology ow Community Development Administration Planning Building Long Range Planning otal Police Administration Grants Community Services Team $428.345 $248 .908 $121.394 F00,126 $7 , $404 ,763 $237,818 $527,948 $223,277 $101,458 ~1,514,537 $3.-. $192 ,704 $204,461 $331 ,796 ~184,036 $912.817 $715 ,634 $258 ,197 $241 ,174 ~~4# ~of WheatR.i_dge $480,838 $276 ,366 $253 ,252 $342,732 $262.000 $133.982 $131.076 $135.493 F62,918 F47,585 $526 ,020 $524 ,509 $494,681 $252 ,900 $252 ,900 $240 ,141 $553 ,170 $532 ,025 $461,473 $226,879 $223 ,874 $228,295 $110 ,376 $109 ,789 $117,484 ~1,791,261 ~1,719,358 ~1,625,024 13.117. $218 ,301 $209 ,481 $203 ,873 $210 ,037 $208 ,901 $211,412 $412 ,993 $383 ,719 $483,652 ~661,878 ~195,816 ~187,467 $1.503,21t 1117.117 $1.081.404 $803 ,203 $792 ,592 $893 ,730 $274 ,919 $274 ,979 $142,448 $284 ,440 $278 ,346 $494,477 :~ ~ityof WheatR.i_dge General Fund Expenditures Communications Center $740 ,216 $827,506 $803 ,277 $899,422 Crime Prevention Team $318 ,608 $304,409 $304,409 $314,448 Records Team $207 ,694 $346 ,561 $333 ,566 $351,737 Training and Public Information $217,667 $261 ,883 $257,581 $267,443 Patrol $3 ,976,477 $4 ,071 ,595 $4 ,061 ,265 $3 ,858 ,706 Investigations Bureau $1 ,679,457 $1 ,788,721 $1,785,181 $1 ,996 ,625 Crime & Traffic Team $269 ,390 $348,001 $347 ,151 $437,197 Emergency Operations $8.700 iQ iQ iQ Total $8,833,214 $9,311,238 $9,238,347 $1,15t,23 Public Works Administration $150 ,797 $142,836 $142 ,836 $142 ,544 Engineering $998 ,535 $979 ,571 $978 ,501 $1 ,046,453 Operations ~2,869,658 ~3,078,857 ~2,984,084 ~3,146,466 Total $4,018,990 $4,201,284 $4,105,421 $4,335, Parks and Recreation Administration $211 ,932 $220 ,126 $219 ,548 $226 ,022 Recreation $201,267 $203 ,033 $197 ,216 $190 ,008 Parks Maintenance $1 ,168,860 $1,462 ,230 $1,336,902 $1 ,339 ,196 Forestry $380 ,211 $385 ,835 $350,461 $485 ,032 Natural Resources $276 ,012 $274 ,317 $251 ,640 $293 ,361 Anderson Bu ilding $55 ,275 $63 ,321 $47,750 $58 ,096 Athlet ics $183 ,959 $198 ,807 $180,315 $207 ,635 General Programs $242,108 $271 ,796 $259,933 $301 ,995 Outdoor Pool $199,422 $242 ,003 $221 ,251 $224 ,088 Active Adult Center $471 ,969 $519,211 $488 ,387 $528,862 Historic Buildings $56 ,752 $55 ,305 $45 ,634 $69 ,748 Facility Maintenance ~411,849 $482,602 $435,331 $451,301 Total $3,859,616 $4,378,586 $4,034,368 $4,375,344 Total General Fund $25,755,650 $31,001,297 $29,477,378 $28,990,382 Transfers $960,000 $3,676,075 $3,671,075 $2,480,000 Total With Transfers $26,715,650 $34,677,372 $33,153,453 $31,.450,382 20151 30·580·00-589 Beginning Fund Silence $4 .172.433 $2 .41 2.039 $1 ,879 302 $64 302 $319.302 $570.302 $821 .302 $1 072.302 $1 .323.302 $1.57 4 , 2 30.500-00-508 Lodger's Tax $217.710 $200.000 S250.000 S250.000 S250,000 $250.000 $250.000 $250.000 $250.000 $250.000 30.520.11·539 Grant • RTO Gold L.ne Station so so $680.228 so so so so so so $0 30.520.03·539 Grant-COOT-Wadsworth $0 so $0 $0 so so so so so so 30.520.00·539 Grant • Wadsworth Trail $13.03.4 so so so so $0 $0 so $0 $0 30·520.09-539 Grant • Wadsv.orth PEL $7.234 so $181 .000 so so so $0 $0 $0 $0 30.520-1 0·539 COOT Grant-Bus Benches $0 so so $0 $0 $0 $0 so so so 30.520.06-539 Grant· 32nd and Youngfield S2 ,922,822 $0 $0 $0 $0 $0 $0 $0 $0 so 3Q-52Q.OS.539 Grant· Kipling Trail $209,974 $2,199.000 S2 .199.000 $0 so $0 so $0 $0 $0 30.550.00.551 Public Improvement Fee $7,678 so $0 $0 $0 $0 $0 $0 $0 $0 30.580·00-581 Interest $34,241 $1.000 $10.000 $5,000 $1 ,000 $1 .000 $1 .000 $1 .000 $1 ,000 $1 .000 30-580.00..588 Mise Revenue $1.287.082 $0 $0 $0 $0 $0 $0 $0 $0 $0 Transfer from General Fund Minor Street Improvements ProjeCts $143,184 $23,116 $0 $0 32nd & Youngfield Improvements $5.197,391 $1 ,371 ,258 $0 so so Kipling pedestnan 1mprovements $202.958 $2 ,997,472 $2 ,835 .000 $0 $0 Wadsworth bike/ped tra1l $19,278 $23.420 so so so Bike/Pedestnan Improvements so S100.000 $0 $0 $0 Public Improvement Projects. Oev. Related S48,192 $25,000 $0 $0 $0 Gold Une station street project $0 $121 .312 $680 .228 so $0 Street Lights. lnstallat1on of Approved Lights so so $0 $0 $0 Preventative Maintenance Projects $1 ,502.367 $1 ,330.556 $3,300.000 so so Wadsworth PEL $0 $1 ,186.360 $470 .000 $0 $0 38th Ave ReVItalization $131.587 $803,846 $0 $0 so $0 Attachment 3 187 2015 General Fund Budget Reduction s to Balance Budget Budget Item Carnation Festival overtime pay Senior Circulator Bus Arvada Food Bank Program Budget 102-610 102-780 102-780 102-780 102-780 102-780 102-780 105-720 105-710 105-710 105-706 105-721 106-750 111-750 111-750 112-731 112-797 117-728 117-809 118-812 123-750 303-750 303-807 303-809 603-750 Jeffco Action Center Capital Contribution Jeffco Outdoor Lab Zoppe' Circus/carnation Fest ival General Table sponsorships Renewal Wheat Ridge Annual Contribution Marketing Ridge at 38 Events WR2020 • Results . com Community Engagement and Communication mise professional services Aging Needs Implementation professional photography well ness coach PTO Buy Back program Reduce training in IT Cisco Fire wall LED retrofit at City hall Kipling Corridor Study 44th Ave ROW reconciliation 3/4 Ton Cargo Van (New addition) Speed Trailers with options xmas figurines Added back in by City Council Overall total 105-721 Block Improvement Program Increase Additional reductions to balance the budget 102-617, 620, 625 Packet Delivery 111·702 ICMA Conference 111-702 NLC Conference Professional photography 111-750 111-602 111-702 Salary Savings & Benefits w1th Staff Vacancy TLG Conference 111-750 Community Advertising 106-607, 109, 120, 201, 301 lpad Allowances for S directors 112 -702 SGR Conference Overall total additional reductions Overall total Budget Reductions $2 500 $12,000 $5,000 $10,000 $16,450 $30,000 $3,000 $150,000 $10,000 $10,000 $11,000 $50,000 $20.000 $13.000 $1 .256 $9,000 $50,000 $5,000 $170,000 $35.000 $50,000 $30,000 $45,000 $26,000 $10.000 $774,206 $20,000 $20,000 $1,077 $2,500 $2,000 $1,744 $6,459 $1,000 $1,000 $3,600 $620 $20,000 $794,206 Attachment 4 ... ~j.( .. ~ r City of • j?"WheatRLdge ITEM NO:~ DATE: December 8 , 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 15-2014-AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6904-6940 W. 48TH A VENUE FROM RESIDENTIAL-THREE (R-3) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) (CASE NO. WZ-14-05 I SOMERSET) ~ PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS ISSUE: D ORDINANCES FOR 1ST READING (10/27 /2014) ~ ORDINANCES FOR 2ND READING (12/08 /2014) ~ YES City Manager The applicant is requesting approval of a zone change from Residential-Three (R-3) to Planned Residential Development (PRD) on property located at 6904 to 6940 W . 481h Avenue. The proposed rezoning area includes 0.91 acres . The purpose of the request is to allow the conversion of 19 existing condominiums to townhomes. There is no new development being proposed at this time. The request will simply allow a change in the type of ownership and will allow the platting of 19 townhome lots, the size and density of which is not permitted under current zoning. Approval of the Outline Development Plan is the first step in the City's approval process for a PRD. This request is the first in a series of three related cases. PRIOR ACTION: Planning Commission heard the request at a public hearing on October 16 , 2014 and recommended approval. The staff report and meeting minutes from the Planning Commission meeting are attached. City Council adopted the attached council bill on first reading on October 27 , 2014. Case No . WZ-14-05 /So merset Council Action Form -Somerset Rezoning December 8, 2014 Page2 FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City, although the conversion is expected to positively affect property values on the site . Fees in the amount of $1 ,064 were collected for the review and processing of the Outline Development Plan. BACKGROUND: The property is located at 6904-6940 W. 48 1h A venue in the northeast quadrant of the City. The property is currently zoned Residential-Three (R-3) which allows for single-, two-, and multi- family development. The subject site is 39,626 square feet (0.91 acres) in size and includes 19 condominiums in two primary structures. A detached single-story dwelling originally built in 1957 is located at the north end of the property. Behind the home and along the western and southern property lines is a two-story L-shaped structure that includes 18 attached dwelling units. These condos were built in 1983. A carport with 21 spaces is located along the eastern property line. Surrounding Land Uses The site is embedded in a neighborhood and is surrounded by other residentially zoned properties. To the north, east, and west are properties zoned Residential-Two (R-2) containing single-and two-family homes. To the south along Quay Street are properties zoned R-3 with multi-family and two-family residences. Current and Proposed Zoning The purpose of the zone change request from Residential-Three (R-3) to Planned Residential Development (PRD) is to allow the conversion of the existing 19 units from condominiums to townhomes. There is no new development being proposed at this time; but a change in the type of ownership is desired for several reasons . Financing for townhomes is currently much easier to obtain than for condominiums . Several owners are seeking to sell their condos but are unable to do so in today's market conditions. The ability to sell the units as townhomes will provide new options for affordable homeownership in the City and may promote owner occupancy. A primary difference between condos and townhomes relates to the ownership ofland. The owners of individual condos own only the air space of a dwelling unit. As townhomes, an owner purchases the dwelling unit and the land on which the unit is built. In order to purchase land , the property must be platted into individual lots. In order to plat 19 townhome lots, the zoning on the property must be changed because 19 small townhome lots are not otherwise permitted in the R-3 zone district. As part of the zone change, the applicant has prepared an Outline Development Plan (ODP) which establishes zoning and development standards. Because no new development is proposed at this time, the ODP includes minimum and maximum standards that allow the existing conditions but also have enough flexibility to accommodate minor modifications in the future. The ODP is enclosed as an attachment to the Planning Commission report. Council Action Form -Somerset Rezoning December 8, 2014 Page3 Related Applications Approval of a Specific Development Plan and subdivision plat are also required to finalize the PRD zoning and to create townhome lots. These two documents are approved by resolution and are described in separate Council Action Forms. RECOMMENDED MOTION: "I move to approve Council Bill No. 15-2014, an ordinance approving the rezoning of property located at 6904-6940 W . 48th Avenue from Residential-Three to Planned Residential Development, known as the Somerset Homes Townhomes PRD, on second reading and that it take effect 15 days after final publication, for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-1 09 of the Code of Laws. 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3 . The requested rezoning has been found to comply with the criteria for review in Section 26-303.D of the Code of Laws. 4. All requirements of an Outline Development Plan have been met. With the following conditions: 1. Typo corrections shall be made prior to recordation." Or, "I move to deny Council Bill No. 15-2014, an ordinance approving the rezoning of property located at 6904-6940 W. 48th Avenue from Residential-Three to Planned Residential Development for the following reason(s): 1. 0 0 0 and direct the City Attorney to prepare a Resolution of Denial , to be scheduled for Council consideration at the next available regular business meeting." REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 15-2014 2. Planning Commission Meeting Minutes 3. Planning Commission StaffReport CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER URBAN COUNCIL BILL NO. 15 ORDINANCE NO. ___ _ Series of 2014 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6904-6940 W. 48TH AVENUE FROM RESIDENTIAL-THREE (R-3} TO PLANNED RESIDENTIAL DEVELOPMENT (PRO} (CASE NO. WZ 14-05/ SOMERSET} WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and, WHEREAS, the Somerset Homes Condominiums Homeowners Association has submitted a land use application for approval of a zone change to the Planned Residential Development zone district for property located at 6904-6940 W. 48th Avenue; and, WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan- Envision Wheat Ridge-which calls for increased homeownership opportunities and stable neighborhoods; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on October 16, 2014 and voted to recommend approval of rezoning the property to Planned Residential Development (PRO) , NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Somerset Homes Condominiums Homeowners Association for approval of a zone change ordinance from Residential Three (R-3) to Planned Residential Development (PRO) for property located at 6904-6940 W. 48th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY COLORADO BEING A PORTION OF LOT 27, COULEHAN GRANGE, A SUBDIVISION RECORDED IN THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER IN PLAT BOOK 1 AT PAGE 46 AND THAT TRACT OF LAND SHOWN ON THE CONDOMINIUM PLAT OF SOMERSET HOMES, A CONDOMINIUM PLAT RECORDED IN CONDOMINIUM BOOK 36 AT PAGE 36 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Attachment 1 COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 23; THENCE S.00°13'27"E. ALONG THE EAST LINE OF SAID NORTHEAST ONE- QUARTER A DISTANCE OF 30.70 FEET TO A POINT ON THE EXTENSION OF THE SOUTH RIGHT-OF-WAY LINE OF WEST 48TH AVENUE; THENCE S.89°43'21"W. ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 253.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING S. 89°43'21"W. ALONG SAID LINE A DISTANCE OF 132.00 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE S.00°13'27"E. A DISTANCE OF 300.20 FEET TO THE SOUTHWEST CORNER OF SAID TRACT, BEING A POINT ON THE SOUTH LINE OF SAID LOT 27; THENCE N.89°43'09"E. ALONG THE SOUTH LINE OF SAID LOT 27 A DISTANCE OF 132.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT; THENCE N.00°13'27"W. A DISTANCE OF 300.19 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING AN AREA OF 39,626 SQUARE FEET OR 0.910 ACRES MORE OR LESS. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge , that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability: Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 2ih day of October, 2014, ordered it published with Public Hearing and consideration on final passage set for Monday, December 8, 2014 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29 1h Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication . READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2014. SIGNED by the Mayor on this ___ day of ______ , 2014. ATTEST: Janelle Shaver, City Clerk 1st publication: November 6, 2014 2nd publication: Wheat Ridge Transcript: Effective Date: Joyce Jay, Mayor Approved as to Form Gerald Dahl, City Attorney ..,.,." _?w~~~tRi_dge PLANNING COMMISSION Minutes of Meeting October 16,2014 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair BRINKMAN at 7:16p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge , Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Staff Members Present: 3. PLEDGE OF ALLEGIANCE Anne Brinkman Emery Dorsey Donna Kimsey Scott Ohm Steve Timms Alan Bucknam Silke Popp Amanda Weaver Lauren Mikulak, Senior Planner Kim Waggoner, Recording Secretary 4. APPROVE ORDER OF THE AGENDA It was moved by Commissioner TIMMS and seconded by Commissioner OHM to approve the order of the agenda. Motion carried 5-0. 5. APPROVAL OF MINUTES-September 4, 2014 It was moved by Commissioner TIMMS and seconded by Commissioner OHM to approve the minutes of September 4, 2014, as written. Motion carried 5-0. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. Planning Commission Minutes September 4 , 2014 - 1 - Attachment 2 7. PUBLIC HEARING A. Case No. WZ-14-05 & Case No. WS-14-01: Ms. Mikulak presented the related cases together. She entered into the record the contents of the case file and packet materials, the zoning ordinance, the comprehensive plan and the digital presentation. She stated the public noticing and posting requirements have been met. Planning Commission will make a recommendation to City Council which is the final authority. She reviewed the staff report and digital presentation. She stated there are no proposed physical changes to the property. The purpose of the zone change and subdivision requests is to convert the existing condominium units to townhomes. Commissioner DORSEY asked if there will be a townhome association and if the association will own the common drive. Ms. Mikulak replied yes . Commissioner DORSEY stated the townhome units will each own a carport and the common area will be owned by the association. Ms. Mikulak concurred . In response to Commissioner TIMMS inquiry, Ms. Mikulak stated each owner authorized the President of the Condo Association to represent them in the application. Commissioner TIMMS inquired why the owners wanted to convert the condos to townhomes. Ms. Mikulak stated due to the difficulty in getting financing and to increase the property value. Commissioner TIMMS inquired about the number of owner occupied units and rental units . Ms. Mikulak replied she does not know. There was some discussion about the stairs for unit number fifteen. They are shared by several units and are therefore part of the commonly owned Tract A. Chair BRINKMAN opined the drainage area at the southwest comer is not effective. Ms. Mikulak stated it is not intended to hold water but to convey it to the storm sewer. Chair BRINKMAN asked if Tract B is part of the HOA. Ms. Mikulak stated all tracts are commonly owned. Chair BRINKMAN asked if there will be a change in property taxes. Ms. Mikulak replied she did not know. Charles Ochsner 11748 W . 54th PI, Arvada CO Mr. Oschner stated he is one of the nine owners and he owns twelve units and is a partner in the single family home. He said he purchased the units several years ago and did not intend to own them for this long. He and several other owners would have liked to sell Planning Commission Minutes September 4, 2014 -2 - their units , but found the financing for condos is challenging or nonexistent. He said Wheat Ridge 2020 owns three units and is experiencing the same issue. The units were originally built as townhomes and recorded as condominiums. The goal is to make them more financeable. The common area remains exactly as it was before and each unit will have a specific carport and the property taxes will increase. Chair BRINKMAN opened the public hearing. Britta Fisher Executive Director of Wheat Ridge 2020 Ms. Fisher stated the reason WR2020 got involved was to do significant exterior/interior renovations. She said this is the next step to accomplish the initial goal of selling the units to promote affordable homeownership. Jennifer Jacobson 6906 w. 48th Ave. Ms. Jacobson stated the units are an affordable entry into Wheat Ridge. This needs to become a financeable opportunity for families coming to Wheat Ridge. She would appreciate the opportunity to sell as she would like to buy a larger property in Wheat Ridge. Chair BRINKMAN closed the public hearing . It was moved by Commissioner TIMMS and seconded by Commissioner OHM to recommend approval of Case No. WZ-14-05, a request for approval of a zone change from Residential-Three (R-3) to Planned Residential Development and accompanying Outline and Specific Development Plans for property located at 6904-6940 W. 48th Ave, for the following reasons: 1. The proposal is consistent with the City of Wheat Ridge comprehensive plan. 2. The proposal meets the zone change criteria. 3. All requirements of an Outline Development Plan have been met. 4. All requirements of a Specific Development Plan have been met. With the following conditions: 1. Typo corrections shall be made prior to recordation. Motion carried 5-0. It was moved by Commissioner OHM and seconded by Commissioner TIMMS to recommend approval ofCase No. WS-14-01, a request for approval of a 19-lot major subdivision for property located at 6904-6940 W. 48th Avenue, for the following reasons: 1. All utility agencies can provide services to the property. Planning Commission Minutes September 4 , 2014 -3 - 2. All requirements of Article IV of the zoning and development code have been met. With the following conditions: 1. If lender signatures are obtained by separate document, they shall be removed from the plat prior to recordation. Motion carried 5-0. Ms. Mikulak stated the application will be heard by City Council on December 8, 2014. 8. OTHER ITEMS A. Ms. Mikulak stated public hearings are scheduled on November 6 and 20. Commissioner TIMMS stated he is unavailable on November 6. B. Chair BRINKMAN inquired about upcoming code changes. Ms. Mikulak stated staff has started to review and prioritize topics for 2015 such as lighting, cell towers , potentially accessory dwelling units and signs. C. Chair BRINKMAN asked when the Commission will vote for Chair. Ms. Mikulak replied in January 2015. 9. ADJOURNMENT It was moved by Commissioner TIMMS and seconded by Commissioner DORSEY to adjourn the meeting at 7:55 p.m. Motion carried 5-0. Scott Ohm, Vice Chair Planning Commission Minutes September 4 , 2014 Kim Waggoner, Recording Secretary -4 - TO: DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED: City of Wheat~ge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT Planning Commission October 16, 20 14 CASE MANAGER: Lauren Mikulak WS-14-01 and WZ-14-05 I Somerset Request for approval of a 19-lot subdivision and a zone change from Residential- Three (R-3) to Planned Residential Development (PRO) for the purpose of converting existing condominiums to townhomes LOCATION OF REQUEST: 6904-6940 W. 481h Avenue APPLICANT(S): PROPERTY OWNER(S): APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: ENTER INTO RECORD: Somerset Homes Condominium Association Somerset Homes Condominium Association; 6904 48th, LLC; Tamara Manthey; Jennifer Jacobson; Robert P. Keenan, II; Aimee Sorensen; Wheat Ridge 2020, LLC; BDI Properties, LLC; Charles S. Ochsner; and John Zook 39,626 Square Feet (0.91 Acres) Residential-Three (R-3) Multi-family residential (18 attached condominiums and 1 detached) (X) (X) CASE FILE & PACKET MATERIALS ZONlNG ORDINANCE (X) (X) SUBDIVISION REGULATIONS DIGITAL PRESENTATION LOCATION MAP Site Planning Commission Case No. WS-14-0 I and WZ-14-05 1 Somerset Attachment 3 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a 19-lot subdivision plat and a zone change from Residential- Three (R-3) to Planned Residential Development (PRD) on property located at 6904 to 6940 W. 48th A venue. The purpose of the request is to allow the conversion of existing condominiums to townhomes. There is no new development being proposed at this time; the request will simply allow a change in the type of ownership. A primary difference between condos and townhomes relates to the ownership of land. The owners of individual condos own only the living space of a dwelling unit. As townhomes, an owner purchases the dwelling unit and the land on which the unit is built. In order to purchase land , the property must be platted into individual lots. In order to plat 19 townhome lots, the zoning on the property must be changed. Based on the number of lots , the plat is processed as a major subdivision. The zone change request to a planned development includes an Outline Development Plan (ODP) and Specific Development Plan (SDP). For both the plat and for the zone change, the Planning Commission will make a recommendation to City Council which is the final authority for approval. II. EXISTING CONDITIONS The property is located at 6904-6940 W. 48th Avenue in the northeast quadrant of the City. The site is currently zoned Residential-Three (R-3) and is surrounded by other residentially zoned properties Exhibit 1 Zoning Ma . To the north , east, and west are properties zoned Residential-Two (R-2) containing single-and two-family homes. To the south along Quay Street are properties zoned R-3 with multi-family and two-family residences. The subject site 39,626 square feet (0.91 acres) in size. The site includes a detached single family home at the north end of the property. The home was built in 1957 and is a single-story in height. It is approximately 1,150 square feet in size and has a narrow private driveway along the western property line Exhibit 2, Aerial). Behind the home and along the western and southern property lines is a two-story L-shaped structure that includes 18 attached dwelling units. These condominiums were built in 1983. The interior of the property provides parking for tenants and visitors, including carports along the eastern property line and open spaces in the middle of the site. The majority of the landscaping on the ro erty is located in the north portion of the site with smaller landscape areas in front of each unit hibit 3 Site Photo~. In addition to the primary frontage on W. 48th Avenue, there is right-of-way adjacency at the southwest comer of the property at W. 47th Place and Quay Street. This comer of the property includes mature landscaping and a drainage feature. Ownership of the property and units is divided among nine parties. Planning Commission Case No. WS-14-01 and WZ-14-05 I Somerset 2 III. PROPOSED ZONING The applicant is requesting a zone change from Residential-Three (R-3) to Planned Residential Development (PRD) for several reasons. Under the current R-3 zoning, the minimum lot size requirement is 7,500 square feet and minimum lot width is 60 feet. Because the townhouse lots will be substantially smaller to align with the footprint of each dwelling unit, the lots cannot meet the minimum R-3 lot size standards. In terms of density , the property is considered legally nonconforming. Under current R-3 standards , the maximum permitted density is 12 dwelling units per acre. Based on the size of the property , only 1 0 units would be permitted under the current zoning. Under PRD zoning, maximum density is 21 units per acre , so the existing 19 units would be permitted. The City 's process for rezoning to a Planned Residential Development requires two documents: an Outline Development Plan (ODP) which establishes the zoning, permitted uses , and development standards and a Specific Development Plan (SDP) which provides site plan details. In this application , the ODP and SDP were submitted together for review and reflect the existing conditions. Outline Development Plan The ODP includes two sheets hibit 4, Outline Develo. ent Plan . Sheet 1 includes the legal description and required signature blocks. Sheet 2 includes development standards and a general layout of the site. Because no new development is proposed at this time, the ODP includes minimum and maximum standards that allow the existing conditions but also have enough flexibility to accommodate minor modifications in the future. Permitted uses and development standards vary based on the use areas of the site. Lot 1 is larger and allows for detached single family homes and typical accessory structures. The townhome parcels (Lots 2-19) only allow for attached townhomes. Home-based businesses and household pets are permitted accessory uses , but RV and boat storage is prohibited. Setbacks for the townhomes are 5 feet along the perimeter of the site. Lot 1 has larger setbacks consistent with other single family homes along W. 48th Avenue. Lot coverage maximums are based on the existing conditions. Specific Development Plan The SDP also includes two sheets with standard declarations on Sheet 1 and a site plan on Sheet 2 hibit 5 S ci c Develo ment Plan . Because the planned development is being established to allow the existing structures, the site plan simply shows the existing conditions including the building footprints , landscape areas , sidewalks , parking spaces, and existing setbacks. The townhomes are two story buildings with second story overhangs , landscaping at the front door, and paved back yard patios. If modifications to the site are proposed in the future an amended SDP would be required. IV. PLANNED DEVELOPMENT CRITERIA Criteria for the review of ODP and SDP documents are provided in section 26-303.D and 26-305.D , respectively. Staff has provided an analysis of these criteria below. Planning Commission shall base its recommendation in consideration of the extent to which the criteria have been met. Planning Com mission Case No. WS-I 4-0 I and WZ-I 4-05 I S omerset 3 OUTLINE DEVELOPMENT PLAN 1. The change of zone promotes the health, safety, and general welfare ofthe community and will not result in a significant adverse effect on the surrounding area. The change of zone will not result in an adverse effect on the surrounding area. The development has existed in the neighborhood for over 30 years . The applicant anticipates that a conversion from condos to townhomes may increase property values and increase homeownership which would benefit the community. Staff concludes this criterion has been met. 2. The development proposed on the subject property is not feasible under any other zone district, and would require an unreasonable number of variances or waivers and conditions. As described above , the existing density on the site is considered legal nonconforming under the current R-3 zone district. A Planned Residential Development is the only zone district that will allow for the platting of 19 townhome lots . Staff concludes this criterion has been met. 3. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. The site is currently served by public water and sewer districts. All utility agencies have indicated they can continue providing service to the property. No upgraded infrastructure is necessary . Staff concludes this criterion has been met. 4. At least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance with, the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other city- approved policies or plans for the area. In the City 's comprehensive plan , Envision Wheat Ridge (2009), the subject area is designated as "neighborhood." The existing dwelling units have been part of the established neighborhood for over 30 years , but as condominiums many are renter-occupied. Financing can be easier to obtain for the purchase of townhomes than for the purchase of condominiums. Currently , several units are owned by Wheat Ridge 2020 and a conversion to townhomes may enable sale of the units. Ultimately, the applicant anticipates that the conversion may help to promote homeownership. The goals of the comprehensive plan include improving neighborhood stability, property values , and homeownership ; and the rezoning application promotes this goal. Staff concludes this criterion has been met. Planning Co mmission Case No . WS-14-01 and WZ-14-05 I Som erset 4 b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current R-3 zoning designation as it appears on the City's zoning maps. Staff concludes this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Staff fmds no evidence of any significant changes in the area. The zone change request neither responds to, nor results in a notable change of character. Staff concludes that this criterion is not applicable. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable. SPECIFIC DEVELOPMENT PLAN 1. The proposed specific development plan is consistent with the purpose of a planned development as stated in section 26-301 of this article. The purpose of a planned development is to promote well-designed and innovative new developments that may not be feasible in other zone districts. While the existing conditions of the site are not particularly notable from a design perspective, the planned development allows for townhome ownership which is not otherwise permitted in the City's standard residential zone districts. For this reason, the SDP is considered to be consistent with the purpose of a planned development. Staff concludes this criterion has been met. 2. The proposed specific development plan is consistent with the design intent or purpose of the approved outline development plan. The SDP is consistent with the existing improvements on the property and with the proposed purpose of the outline development plan. Staff concludes this criterion has been met. Planning Commission Case No. WS-14-01 and WZ-14-05 I Somerset 5 3. The proposed uses indicated in the specific development plan are consistent with the uses approved by the outline development plan. The SDP is consistent with the existing uses on the property and with the proposed use standards in the outline development plan. Staff concludes this criterion has been met. 4. The site is appropriately designed and is consistent with the development guidelines established in the outline development plan. No new development is being proposed; the SOP shows existing conditions and does not propose any modifications to the design ofthe site. Staff concludes that this criterion is not applicable. 5. Adequate infrastructure/facilities are available to serve the subject property, or the applicant will upgrade and provide such where they do not exist or are under capacity. The site is currently served by public sewer and water districts, and each unit is already metered separately for gas and electric service. All utility agencies have indicated they can continue providing service to the property. Staff concludes this criterion has been met. 6. The proposed specific development plan is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual, Streetscape Design Manual, and other applicable design standards. The requirements of the Architectural and Site Design Manual and Streetscape Design Manual are triggered by new development and not by a zone change. Staff concludes that this criterion is not applicable. V. PROPOSED SUBDIVISION PLAT In order to convert the existing condominiums to townhomes, a subdivision plat is re uired to establish individual lots for purchase. The proposed plat is currently comprised of four sheets Exhibit 6 ro osed Plat . Sheet 1 is the declaration page and includes the legal description and required signature blocks for the city, county, and surveyor. Signature blocks for the nine owners span Sheets 1 and 2. In addition, Sheet 2 includes signature blocks for lenders. The applicant has requested that lender signatures be obtained by separate document to reduce circulation of the final mylar. This change will be made prior to recordation. Sheet 3 includes standard notes and site data tables. Sheet 4 shows the graphic layout of the subdivision, the features of which are described below. Planning Commission Case No. WS-14-01 and WZ-14-05 I Somerset 6 Lot Layout The lot layout is based on the locations of existing structures and shared walls between each attached dwelling unit. Lot 1 accommodates the detached single farnjly home on the north portion of the site. The eastern property line of Lot 1 is irregular because it follows the existing edge of the landscaped side yard. Lots 2 through 19 will accommodate the 18 attached dwelling units and their respective front and back yards. These lots may only be developed as attached townhomes; thls is memorialized on Sheet 3 in note 13. Tracts A series of tracts are established on the plat to accommodate existing shared improvements. The specific purpose of each tract is established on plat and summarized below: • Tract A is located in the middle of the site and includes the main driveway, the surface parking area, the trash storage area, and the sidewalk that extends along the front of all units. • Tract B is located at the southwest corner of the property and includes landscaping and drainage improvements. • Tract Cis located at the northeast corner of the property and also includes landscaping and drainage improvements. • Tract Dis located on the east side of the site and includes the existing carport structure. The boundary of Tract D is slightly larger than the footprint of the existing carports in order to accommodate any future reconstruction of the carport structure. • Tract E is located along the eastern property line and is coterminous with a 5-foot wide utility easement. All tracts will be owned and maintained by the homeowners association. Easements Five-foot utility easements are provided along the perimeter of the subdivision. Drainage easements are provided as needed and based on the location of existing improvements. During review of this application, it became apparent that a 21" pipe is located under the existing carport structure. To protect the existing infrastructure, a 6-foot drainage easement traverses Tract D. A note on the plat requires Public Works review of any alteration to the carport to ensure that the pipe is not impacted. Right-of-way Dedication A narrow sliver of right-of-way is being dedicated by plat at the southwest comer of the property. West 47th Place is substandard in width (40 feet), and the comer ofW. 47th Place and Quay Street intersects at a right angle instead of a curve. The subject property has minimal adjacency to the street, but a small area is being dedicated for a standard curved intersection. Thjs area is less than 20 square feet in size. VI. AGENCY REFERRALS All affected service agencies were contacted for comment on the zone change and subdivision plat regarding the ability to serve the property. Specific referral responses follow. Planning Commission Case No. WS-I 4-0 I and WZ-I 4-05 1 Somerset 7 Wheat Ridge Public Works: The application has been reviewed and approved. Wheat Ridge Building Division: The original Certificates of Occupancy recognize the attached units as townhomes, so no action related to building code is required. Wheat Ridge Fire District: Deferred to Building Division comments in regards to building codes; no additional requirements. Wheat Ridge Sanitation District: Can serve; conversion to townhomes does not impact ability to serve the property. Xcel Energy: Can serve. Wheat Ridge Water District: No comment. Comcast Cable: No comment. Century Link: No comment. VII. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff has concluded that the proposed Planned Residential Development and accompanying Outline and Specific Development Plans are consistent with the goals and policies of the City 's comprehensive plan. A conversion to townhomes may promote neighborhood stability and home ownership. With no proposed redevelopment , staff concludes that the rezoning will not adversely affect the health , safety , and welfare of the community. Staff further concludes that the proposed subdivision plat is compliant with the proposed PRD zone district regulations and results in a logical lot layout for the existing development. Staff further concludes that the subdivision plat complies with the standards in Article IV (subdivision regulations) of the zoning and development code and that all utility agencies can serve the property. For these reasons , Staff recommends approval ofthe zone change and subdivision plat with the conditions listed below. VIII. SUGGESTED MOTIONS A motion to approve the zone change must precede a motion to approve the subdivision plat. ZONE CHANGE Option A: "I move to recommend APPROVAL of Case No. WZ-14-05 , a request for approval of a zone change from Residential-Three (R-3) to Planned Residential Development and accompanying Outline and Specific Development Plans for property located at 6904 -6940 W. 48th A venue, for the following reasons: 1. The proposal is consistent with the City of Wheat Ridge comprehensive plan. 2. The proposal meets the zone change criteria. Planning Commission Case No. WS-14-01 and WZ-14-05 I Somerset 8 3. All requirements of an Outline Development Plan have been met. 4. All requirements of a Specific Development Plan have been met. With the following conditions: 1. Typo corrections shall be made prior to recordation. Option B: "I move to recommend DENIAL of Case No. WZ-14-05, a request for approval of a zone change from Residential-Three (R-3) to Planned Residential Development and accompanying Outline and Specific Development Plans for property located at 6904-6940 W. 48th Avenue, for the following reasons: 1. 2. 3. " SUBDIVISION PLAT Option A: "I move to recommend APPROVAL of Case No. WS-14-0 1, a request for approval of a 19-lot major subdivision for property located at 6904-6940 W. 48th Avenue, for the following reasons: 1. All utility agencies can provide services to the property. 2. All requirements of Article IV of the zoning and development code have been met. With the following conditions: 1. If lender signatures are obtained by separate documents, they shall be removed from the plat prior to recordation. Option B: "I move to recommend DENIAL of Case No. WS-14-01, a request for approval of a 19-lot major subdivision for property located at 6904 -6940 W. 48th A venue, for the following reasons: 1. 2. 3. " Planning Commission Case No. WS-I 4-0 I and WZ-14-05 I Somerset 9 EXHIBIT 1: ZONING MAP Planning Commission 10 Case No. WS-14-01 and WZ-14-05 I Somerset EXHIBIT 2: AERIAL Planning Commission 11 Case No. WS-14-01 and WZ-14-05 1 Somerset EXHIBIT 3: SITE PHOTOS Existing detached single family home (proposed Lot 1) Interior of site -carports on left, attached townhomes on right and in background Planning Commission 12 Case No . WS-14-01 and WZ-14-05 I Som ers et Planning Commission Case No . WS-14-01 and WZ-14-05 I Somerset View of attached townhomes with overhanging second floor and landscaping at front door. 13 SOMERSETHOMESTOWNHOM FINAL PLAT A PART OF THE NORTHEAST 1/4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 611 WEST, 6TH P.M. CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO SHEET 4 OF 4 HORlliEAST CORNER SECnON 23. H 1/4 CORNER Of lliE NE 1;4 SECnON 23• 3 1/4" BRASS CN' IN RANGE POINT BOX. CAP 3 1/4" ALLOY CN' IN RANGE POINT BOX. STAMPED 'LS 13212." CN' STAMPED 'LS 13212.' (CITY IIONUIIENTI 13809. (WCP#1370il. WEST 481H AVE H. 71112:1.15. E. 1210!12.84) H. 711112.44. E. 118427.57) RIGHT-Of-WAY AND POINT Of COIIIIENCDIENT. r ----1Dea.ar------>v r--..h..,-- -- -J-----oi'89~2t'[-262:1.-30' --7 -----r---- --->y-----J L~ . o-S! l ri ,_ m ~~E j!:l;; ~ ~~ (I) 1 0~ ~ l~t; I ~ l I ., HORlli UNE NORlliEAST 1/4. SECnON 23./ _I !l;l~ 0. 0. ~. CO~ CJt 0t NO 8 "! g ~~I z ~ I 271 .33'-- .,I Lot 1 ~I I I I N89'43'09'E 81 Lot 2 I ~I ZONED R-2 N89'43'09"E PART Of LOT 27 Lot 3 I COULEHAN GRANGE SUBDIVISION N89'43'09"E Lot • I I I --- N89.43'0ii"E Lot 10 N89'43'0ii"E ZONED R-2 Lot 11 PART Of LOT 27 COUlEHAN GRANGE N89'43'09"E SUBDIVISION .. • .7. .. ·m...cr A / .. ., 12,194 SO. PT_. :2 0 .280 /.)..s 511 .73' ;.., ., /,./ :25! 511 .7J' .s l:l~ ..; 56.73' -;, J:!J; ri"' -8 l:lz :2 / 56.73' 56.73' 511 .73' 253.00' ZONED RJ I R2 PART Of LOT 27 COUI.DiAN GRANGE SUBDIVISION ·' ZONED RJ I R2 PART Of LOT 27 COULEHAN GRANGE SUBDIVISION -Y-1 I I I I I I I ~ I I I I I ).. 0 !!! ~ 5' UllUTY EASEIIENT OEDICA TEO BY lliiS PLAT. 1 I I RIGHT-Of-WAY AREA HEREBY O£D1CA TEO BY lliiS PLAT. SEE DETAIL ,..: Lot 14 ... ~ 3 3 .!l Lot 151 +. '15t'-'>.,. fo"» ... A15 A13 A6 .... b ~ "' ! 12.194 SQ.FT. ... :( SCAlE 1'• 20' 20 0 10 20 s 89'4&'33' w 5.00' ;.., ;.., "' "' ,.; ,.; ;;; ;;; J; 0.28 ACRES J; ,_ \.. J; \.. ~ ;.., .----=:--------,SEE SHEET 13 FOR THE TRACT PURPOSES g ~ N ;.., ;.., 8 ,... 8 z B3 II) J; N 89'43'20" E 54.n· \.. 1,095 SQ.FT. f::iic N ;.-,~ "' ;.., 0.025 ACRES 8;::; • 1,075 SQ.FT. 8 '{,~" 0 .024 ACRES II) z ·.9o'! ., N 89'43'0il' E s 89'4&'33" w 22.35' 26.30' l:BAkl...fl lBAU.C SCALE: 1"•20' SCALE: 1"•20' SEE SHEET 3 FOR UNE AND CUR~ TABLES. LOT 12 LOT 13 LOT 14 V ?/ ... 1 INDICATES TRACT A INDICATES AOJOINING LOT UHES INDICATES BLOCK UNES INDICATES EASEIIENT INDICATES SUBDIVISION BOUNDARY INDICATES LOT UNE HEREBY CREATEO BY lliiS PLAT -----INDICATES RIGHT-Of-WAY CENTERUNE INDIC ATES SEC nON UNE Nocrt3'27"W 300.19' INDICATES DISTANCE AND BE.ARING AS MEASURED (NOO'OO'OO"E) (300") INDICATES OIST ANCE AND BE.ARING AS RECORDED e REBAR Willi CAP STAMPED "LANE ENG SRV INC 16837" 0 BRASS WASHER STAMP ED "LS 16837" S89'43'09"W I 10.2T .j .. \P4) ... .... l:.r-~ ~§~g ., ,.._ ...;en !"'~r::" -NB9"29'J6·e ;:? o ~ 19l!.. ~- 5.621 4.85' LOT 15 UNPLATTED TRACT B N89'43'0ii"E 8.33' W. 47TH PLACE ¥1 AIQ<T-Ot'-WAY Ettl ARCFD DEIAII ·a· EC8 I CIS l2-l5 RKiHIEID?o/-~ICADON SCALE: 1"•10' CASE HISTORY W$-14-01 WZ-14-0!1 PREPARED BY: SOL SUR'IE'r1NG. LLC 20il N. SCOTT STREET ST. FRANCIS. KS en56 m... 7~332-2483 \... ~~ p "' ?ls "'· ~""' 8 z N 89'51'05' E 22.00' s 89'48.33" w ~.01' II ~ ! I' s 89'43'0il" w 94.91' N 89"43'09' E 101.30' I 11 11 6' DRAINAGE EASEMENT SCALE: 1" -.a· ,... ,... 8 8 "' z N 89'43'0il" E 5.00' ruu...E SCALE: 1"•40' DATE Of PREPARAllON: SEPTEIIBER 30, 201J OA TE Of RE'>ISION: IIAY 21 , 2014 DATE Of RE'>ISION: AUGUST 1 O. 2014 l ~ I J ! J I J t ~ l ! I lllllES: 1. THE PURPOSE OF THIS PLAT IS TO CON"{JH AN EXISTING CONOOUINIUM PROJECT TO A TOWNHOME PROJECT. 2. THE DATE OF THE FIELD WORK IS WARCH 1. 2013. 3. THIS PARCEL IS LOCATED IN ZONE "X" SHOWN ON THE F.E.W .A. MAP TlniD "FLOOD INSURANCE RATE WAP , .EFFERSON COUNTY COLORADO ANO INCORPORATED AREAS. PANEL 212 or 675, NUWBER 08059C0212E, DATED FEBRUARY 5, 2014." 4. 5/8 INCH DIAIIETER REBAR 'MTH CAP STAWPED "LANE ENG SRV INC 16837" IS SET AT POINT SHOWN THUS;e 5. 5/8 INCH BRASS WASHER STAIIPED "LS 16837" IS SET AT POINT SHOWN THUS;O 6 . NOT1Cf:, ACCORDING TO COLORADO LAW YOU WUST COMWENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY 'MTHIN THREE YEARS AFTER YOU FIRST DISCOo,{R SUCH DEFECT. IN NO EVENT WAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COWWENCED WORE THAN TEN YEARS FROW THE DATE OF THE CERTlFICA liON SHOWN HEREON . 7. ANY PERSON WHO KNO'MNGLY REMOVES, ALTlERS OR DEFACES ANY PUBUC LAND SURVEY WONUWENT OR LAND BOUNDARY WONUWENT OR ACCESSORY CQWj,jiTS A CLASS TWO (2) j,jiSO£liEANOR PURSUANT TO STATE STATUTE 18-4-506, C.R.S. 8 . PER COLORADO REVISED STATUTES SEC. 38-51-106 (L), ALL UNEAL UNITS DEPICTED ON THIS LAND SURVEY PLAT ARE U.S. SURVEY FEET. ONE WETER EOUALS 39.37 DIVIDED BY 12 U.S. SURVEY FEET, ACCOROING TO THE NA TlONAL INSTITUTE OF STANDARDS ANO TECHNOLOGY. 9 . THERE ARE PUBUC EAS[),jENTS AND A RIGHT-OF-WAY BEING DEDICATED BY THIS PLAT. 10. THE CURRENT CITY DA TUj,j COORDINATE SYSTEW USED IS A GROUND-BASED WOOIFIED FORW OF THE NA083/92 STATE PLANE COORDINATE SYSTEW, COLORADO CENTRAL ZONE 0502. VERTICAL DATU),j USED IS THE NORTH AWERICAN VERTICAL DATUW OF 1988 (NAVD 88). GROUND TO GRID COWBINEO SCALE FACTOR IS 0 .999747803, SCALED FROW BASE POINT PHAC 1 (PERI.IANENT HIGH ACCURACY CONTROL POINT 11) HAVING THE FOLLO'MNG NAO 83/92 STATE PLANE COORDINATES: PHAC 1 NORTHING: 1701258.75; EASTlNG: 3118217.58; ELEVATION : 5471 .62. 11 . THIS PLAT OF S0WERS£T HOMES TOWNHOWES WAS PREPARED 'MTHOUT THE BENEFlT OF A CURRENT TITLE eot.IWINENT ANO DOES NOT CONSTITUTE A TITLE SEARCH BY LANE ENGINEERING SERVICE. INC. TO OETER),jiNED TITLE OR EAS[),jENT OF RECORD . THIS SURVEY DOES NOT PURPORT TO REFLECT ANY OF THE FOLLO'MNG 1\HICH ),jAY BE APPUCABLE TO THE SUB..ECT REAL ESTATE: EAS[),jENTS. OTHEIR THAN POSSIBLE EAS[),jENTS THAT '1\UlE VISIBLE AT THE Tlj,jE OF j,jAKING THIS SURVEY, BUILDING SE1l!ACK UNES. REST1RICT1"{ COVENANTS, SUBDIVISION RESTRICTIONS. ZONING OR OTHER LAND-USE REGULATIONS. AND ANY OTHEIR FACTS THAT AN ACCURATE AND CURRENT TITLE SEARCH WAY DISCLOSE. 12. PERII.IETER UllUTY EAS[),jENTS ARE HEIREBY GRANTED ON PRIVATE PROPERTY AS SHOWN ON THE PLAT. THESE EASEWENTS ARE DEDICATED FOR THE INSTALLATION, j,jAINTENANCE, AND REPLACEWENT OF ELECTRIC, GAS. TELEVISION CABLE, DRAINAGE AND TELECQW),jUN ICATlONS FACIUTIE5. UTIUTlES SHALL ALSO BE PERj,jiTTED 'MTHIN ANY ACCESS [ASE),jENTS AND PRIVATE STREIETS IN THE SUBDIVISION . PERj,jANENT STRUCTURES AND WATER WETERS SHALL NOT BE PERWITTED 'MTHIN SAID UllUTY [AS[),j[NT5. 13. LOTS 2 THROUGH 19 ),jAY ONLY BE DEVELOPED AS ATIACHEO TOWNHOWES. 14. BASIS FOR BEARINGS: GPS DEIRIVED BEARINGS BASED ON A BEARING or N. 89'41'34"E. ALONG THE SOUTH UNE or THE NORTHEAST OUARTER or SECTION 23, BETWEEN A FOUND 3 1/4" ALLOY CAP AT THE SOUTH'M'.:ST DORNER OF THE NORTHEAST OUARTER OF SECTION 23, (WCP NO. 14709) AND A FOUND 3 1/4" ALLOY CAP AT THE SOUTHEAST CORNER or THE NORTHEAST OUARTlER OF SECTION 23 (WCP NO. 14809). AS SHOWN HEREON . PER CITY OF \\HEAT RIDGE CONTROL j,jONUIIENT NETWORK: POINT I 13709 13609 14709 14809 INGRESS-EGIRIESS EASIEIIENTS; CITY OF YIHEA T RIDGE DATUj,j NORTHING EASTIN 711112.44 118427.57 11125.16 121052.84 708488.52 118435.36 708482.61 121063.18 THE OWNERS, THEIR SUCCESSORS AND ASSIGNS GRANTS Uj,jiTED RIGHTS AND PRIVILEGIES TO ACCESS AND TO FREE j,jQV[IIENT THROUGH THOSE AREAS INDICATED AS INGRES5-EGIRIESS EASEWENTS; AS ILLUSTRATED UPON THIS PLAT. SUCH GRANT or [AS[),jENT SHALL BE UI.IITED TO THE OWNERS; TENANTS, CUSTOMERS; AND GUESTS OF THE OWNERS, AND SHALL FURTHERIIORE GRANT ACCESS TO AND FREIE j,jOVEIIENT THROUGH SAIO EAS[),jENTS TO THOSE ENTERING SAID EAS[),jENTS FROW SI"ILARIL Y RECORDED EASEWENTS FRQ),j ADJACENT PROPERTIES AND /OR FROW ABUTTING PUBUC STREIETS. DRAINAGE EASDIENT: THE STOIRW DRAINAGIE AREAS HERE SHOWN AS TRACT B AND TRACT C SHALL BE OWNED AND "AINTAINED BY THE HQ),jEQWNER'S ASSOCIA liON. IN THE EVENT THAT SUCH j,jAINTENANCE IS NOT PERFOIRWED BY SAID HOWEOWNER'S ASSOCIATION, THE CITY Of \\HEAT RIDGE SHALL HAVE THE RIGHT TO ENTlER SUCH AREA AND PERFORW NECESSARY WORK, THE COST OF WHICH SAID HQ),jEOWNER'S ASSOCIATION, AGREES TO PAY. NO BUILDING OR STRUCTURE 'MLL BE CONSTRUCTED IN THE DRAINAGE AREA AND NO CHANGES OR ALT1ERAT10NS AF'FECTlNG THE HYDRAUUC CHARACTERISTICS OF THE DRAINGIE AREA 'MLL BE "ADE 'MTHOUT THE APPROVAL OF THE DIRIECTOR OF PUBUC WORKS. SOMERSET HOMES T OWNHOMES FINAL PLAT A PART OF TH E NORTHEAST 1/4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6TH P.M. CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO SHEET 3 Of 4 9QUNDA8Y 0-QSJR£ BP'QRI• COURSE: S 89'43'21" W COURSE: S 00"13'2T E COURSE: N 89'43'09" E COURSE: N 001 3'2T W DISTANCE 132.00000 DISTANCE 300.20000 DISTANCE 132.00000 DISTANCE 300.19000 AREA: 39626 SO. FEET OR 0 .9097 ACRES ERROR IN LATITUDE: 0 .00232 ERROR IN DEPARTURE: 0 .00000 ERROR or CLOSURE: D.00232 PRIECISION 1: 372490 COURSE: N 00'02'32" W DISTANCE 0 .00232 SJAJD4EHT Of ACCURACY· THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROW THE NAO 83 HARN STATE PLANE COLORADO CENTRAL FIPS 0502 COORDINATE SYSTEW. AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0 .04 U.S. SUR"{Y FEET AT THE 95" CONFIDENCE LEVEl. AS DEFlNED IN THE GEOSIPATlAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOI.II.IITTEE (FGOC-STD-007.2-1998). PURPOSE or TRACT "A", TRACT 11", TRACT "C", TRACT "0" AND TRACT "[": TRACT "A" IS FOR THE PURPOSE or INGRESS AND EGRESS INTO THE SITE. ACCESS TO PARKING AREAS, ACCESS TO ALL LOTS AND TO THE DRAINAGE AREA IN THE NORTHEAST CORNER OF THE SITE. TRACT "A" 'MLL BE OWNED AND j,jAINTAINED BY THE HOWEOWNER'S ASSOCIATION . TRACT "A" IS A NON -BUILDABLE AREA, EXCEIPT fOR THE PURPOSES OF A DRI"{WAY AND DRAINAGE APPURTENANCIES. TRACT ·a· IS LOCATED IN THE SOUTH'M'.:ST CORNER OF THE SITE AND IS FOR THE PURIPOSE or THE DRAINAGE AREA. TRACT ·a· 'MLL BE OWNED AND WAINTAINEO B Y THE HQ),jEOWNER'S ASSOCI A liON. TRACT "B" IS A NON-BUILDABLE AREA. EXCEIPT FOR DRAINAGIE APPURTENANCES. TRACT •c• IS LOCATED IN THE NORTHEAST CORNER or THE SITE AND IS FOR THE PURPOSE or A STORj,jWATlER DRAINAGE AREA. TRACT "C" 'MLL BE OWNED AND WAINTAINED BY THE HQ),jEOWNER'S ASSOCIATION . TRACT •c• IS A NON-BUILDABLE AREA USED fOR STQRj,jWATER DETENTION AND DRAINAGIE APPURTENANCES. TRACT "D" IS LOCATED ALONG THE EAST PROPERTY UNE or THE SUBOIVSION AND IS FOR THE PURPOSE or PARKING, P[R),jiTIEQ ACCESORY BUILDINGS AND UT1UT1E5. TRACT "D" 'MLL BE OWNED AND j,jAINTAINED BY THE HQ),jEOWNER'S ASSOCIATION. TRACT "D" IS A BUILDABLE AREA. OUE TO THE PRIESENCE OF A STORWWATEIR SYSTEW 1\lTHIN TRACT "0", EXCILUSI"{ or ROUTINE WAINTENANCE. NO CHANGIES OR AL TlERA liONS AF'FECTlNG THE EXISTING PARKING STRUCTURES 'MTHIN TRACT "0" SHALL BE !.lADE 'MTHOUT WRITIEN APPROVAL FROW THE OIRIECTOR or PUBUC WORKS. TRACT "[" IS LOCATED BETWEEN TRACT "D" AND THE EAST UNE OF THE SUBDIVSION AND IS FOR THE PURIPOSE OF UTIUTIES. TRACT "[" 'MLL BE OWNED AND "AINTAINED BY THE HOWEOWNER'S ASSOCIATION . TRACT "E" IS A NON-BUILDABLE AREA EXCEIPT FOR UllUTIES. CURVE C1 C2 C3 C4 C5 LOT UNE TABLE UNE BEARING LENGTH PI N89'29'36"E 135.67' P2 N00'47'36"W 0 .83' P3 N89'29'36"E 110.80' P4 589'43'09"W 110.27' P5 5001 1'2T 17.97' P6 N89'29'36"E 10.27 P7 50013'27"E 10.04 LOT & lRACT SIZES SQUARE LOT ADDRESS FEET ACRES 1 6940 4,849 0 .111 2 6938 851 0 .020 3 6936 785 0 .018 4 6934 785 0 .018 5 6932 785 0 .018 6 6930 785 0 .018 7 6928 785 0 .018 8 6926 771 0.018 9 6924 771 0 .018 10 6922 785 0 .018 11 6920 785 0 .018 12 6918 743 0 .017 13 6916 662 0.015 14 6914 1 ,309 0 .030 15 6912 739 0 .017 16 6910 786 0 .018 17 6908 786 0 .018 18 6906 786 0 .018 19 6904 1,424 0.033 A 12,194 0 .280 8 c D E DEDICATION TOTALS CURVE TABLE RADIUS 1~.oo· 30.00' 1 .74' H .80' 35.40' CENTRAL ANGLE 34'55'21" 13'50'15" 11 1'36" I 53'00'511" U15'54" TRACT "A" UNE TABLE CHORD BEARING N14'S9'41"W S\9'27'08" N06'4 ·~g·w S08,5'06"W N '32'12"W UNE BEARING LENC11- A1 I S119'43'20"W 31 .49' A2 S41'22'16"E 7 .4;' A3 SOJ19'J7"E UO' A4 I 557'0:''30"W 9.90' A~ I 500'50'09" 21.04' A6 N80'13'09"E \.OJ' A7 I S119'43'09"W 10.27' A8 50013'27"E 1 '.97' A9 I N80'20'36"E 110.27' A10 I N001 :i'2TW 10.04' .t.11 N00"1;i'2TW 4.23' A121 S119'S1'M"W I 2~00' A\3 N89~ i'29"E 122.00' A14 N00"13'2TW I 21 .55' AI 51 S119' .. 'JJ"W I 21 .30' 1,094 0 .025 1,075 0 .025 4,195 0 .096 1,083 0 .025 13 0 .000 39,626 0 .910 CHORD DISTANCE LENGTH 7 .80' 7 .92' 22.40' 22.95' 23.31' 23&4' 13.21' 1 .70' 8 .79' 8.81 ' TRACT "8" UNE TABLE UNE BEARING LENGTH Bl I 589'29'36"W 8.97' 82 SM1 2'26"W 21.:'18' B3 I N01'"''3TW 4.28' } lt PREPARED BY: SOL SURVE\'INC, LLC OATE or PREPARATION : SEPTEWBER 30, 2013 ~ 209 N. SCOTI STREIET DATE OF REVISION: WAY 21, 2014 f ST. FRANCIS. KS anss DATE OF REVISION: AUGUST 10, 2014 t '-----------------------------------------------------------------------------------------------------~~-------~--·--7~---JJ·2·--2483----------------------------------~--------~-----------------------------------------------------~PR~~~~c~~·~ ~~ .. 1 --------------~ CASE HISTORY W5-14-01 WZ-14-05 ~ t j . l l ' I l Qllj£8; 6i311 W. 411TH A 1/ENUE 801 PROPERllES. LLC. 1001A E. HARWONY ROAD 1 180 fORT COUJNS. COLORADO 80!12~ JiiMY RAY BO'IiiiAR, tXECOn'iE DiRECTOR NQIABX CfBDFJCATE STATE OF COLORADO ) )SS COUNTY OF ..uFD!SON ) THE fOREGOING INSTRUioiENT WAS ACKN0\10\.EDCED BEFORE ME THIS DAY OF A.D 20 BY .IMMY RAY BOWMAN, AS ElCECUll\'E DIRECTOR OF BD1 PROPERllE$, LLC.. -----' • - WITNESS loiY HAND AND OFFlCIAl SEAL MY COMMISSION EXP1RES: _____ _ NOTARY PUBUC lllllm; 6918 W. 411TH A\'ENUE 6920 W. 411TH A \'EHU£ 6922 W. 411TH A 1/ENUE 692. W. 411TH A \'ENUE 6i26 W. 411TH A \'ENUE CHARLES S: OOiSNtR 5n2 MCINTYRE COURT GOlDEN , COLORADO 80403 NOTARY CfRDEJCAJE STATE OF COLORADO ) )SS COUNTY Of ..uFD!SON ) 6928 W. 411TH A \'ENUE 6i30 W. 4IITH A \'ENUE 69J2 W. 411TH A \'ENUE 69~ W. 411TH A \'ENUE 6940 W. 411TH A \'ENUE ~E~~; ~~rsw~~~0\10\.EDCED BEFORE loiE THIS __ DAY Of ------·A.D . 20- WITNESS MY HAND AND Off1CIAl SEAL MY COMMISSION EXP1RES: ------ NOTARY PUBUC lllllm; 6940 W. 4IITH A\'ENUE JOHN ZOOK 6940 W. 411TH A \'ENUE WHEAT RIDGE. COlORADO NOTARy CDDEICATE STATE Of COlORADO ) ) ss COUNTY Of ..uFD!SON ) ~E ~a:=-~~g,T WAS ACKN0\10\.EDCED BEFORE ME THIS __ DAY Of -----, A.D. 20- WITNESS MY HAND AND Off1CIAl SEAL MY COMMISSION EXPIRES:'------- NOTARY PUBUC 6906 W. 411TH A liE. WHEAT RIDGE. CO ..I:NNIFER R. JACOBSON INSTRUMENT f20J6~9l! DUD (I!' IBVSI H(J PER THE UNDERSIGNED, AS LEGAl HOlDER OF THE DEED OF TRUST ON 5121200. AT RECEPllON NO. f2036597, OF THE RECORDS OF THE ..uFD!SON COUNTY CLERK AND RECORDER HEREBY CONSENTS TO THE WITHIN PlAT AND SUBORDINATES ALL OF ITS RIGHT, llTLE AND INTEREST UNDER SAID DEED OF TRUST I MORTGAGE TO THE WITHIN PLAT. SICNEO THIS ____ DAY OF ------· 20 __ L.ENDER:;;PRI;;;,:;NTT'ilN;";AMU.E0"7AN;;;D;;--.ll;;TL.E:=·-------------- COUNTRY'MOE txiiPANY NOTARy aRDfJCATE STATE OF COlORADO ) )SS COUNTY OF ..uFD!SON ) ~E fOREGOING INSTRUioiENT W~SA~CKN0\10\.EDCED BEFORE loiE THIS __ DAY Of ------, A.D. 20_ WITNESS MY HAND AND OFFlCIAl SEAL MY COiolloiiSSION EXPIRES: NOTARY PUBUC SOMERSETHOMESTOWNHOMES FINAL PLAT A PART OF THE NORTHEAST 1/4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE U WEST, 6TH P.M. CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO SHEE T 2 OF 4 6i10 W. 411TH AilE, WHEAT RIDGE. CO TA~o~ARA MANTHEY INSTRUMENT JTT791 4< 1181122411 QEm Of IBUST HOLQER THE UNDERSIGNED, AS LEGAL HOlDER OF THE DEED OF TRUST ON 91•12002 AT RECEPllON NO. F1~1~. OF THE RECORDS OF THE ..uFD!SON COUNTY CLERK AND RECORDER. HEREBY CONSENTS TO THE WITHIN PlAT AND SUBORDINATES ALL OF ITS RIGHT, llTLE AND INTEREST UNDER SAID DEED OF TRUST I MORTGAGE TO THE WITHIN P1.A T. SICNEO THIS ___ DAY Of _____ .20.......... L.ENDER:"PRI=NT..-::N""AM"'E=-:AN::::D::-;ll;;;TL.E:;..-· ------------ ~~1':.1 N.A. NOTARY CfRDFICATE STATE Of COLORADO ) )SS COUNTY OF ..uFD!SON ) THE FOREGOING INSTRUMENT WAS ACKNOWL.EOGED BEFORE loiE THIS __ DAY OF ------, A.D. 2D_ BY , AS ________ _ WITNESS loiY HAND AND OFFlCIAl SEAL MY COioiMISSION EXPIRES: NOTARY PUBUC 6914 W. 411TH AilE, WHEAT RIDGE, CO AlloiEE lol . SORENSON INSTRU!oj[NT 195J2. 4< 19~J25 prm Of IBUST HQID£B THE UNDERSIGNED, AS LEGAL HOlDER OF THE DEED Of TRUST ON 9126120011 AT RECEPllON NO. 2008095233, Of THE RECORDS Of THE ..uFD!SON COUNTY CLERK AND RECORDER, HEREBY CONSENTS TO TH E WITHIN P1..A T AND SUBOROINA TES ALL Of ITS RIGHT, llTL.E AND INTEREST UNDER SAID DEED Of TRUST I MORTGAGE TO THE WITHIN P1.A T. SICNEO THIS ___ DAY OF ----------· 2<l.......... L.ENDER:;;:PRI=NT.-;:;Nc.-AM~E=-:ANDu;;--.ll~TL.E:=· ------------- FlRSTBANK OF WHEAT RIDGE COiliPANY NOTARY CERDF1CAIE STATE Of COlORADO ) )SS COUNTY OF ..uFD!SON ) ::: fOREGOING INSTRUMENT W~A~CKNOWL.EOGED BEFORE ME THIS __ DAY OF -----, A.D. 20_ WITNESS loiY HAND AND OFFlCIAl SEAL MY COfolljJSSfON EXPIRES: NOTARY PUBUC CASE HISTORY W5-1o6-01 WZ-1o6-05 6912 W. 4IITH AilE, WHEAT RIDGE. CO WHEAT RIDGE 2020, LLC 6i16 W. 411TH AilE, WIHEAT RIDGE, CO WHEAT RIDGE 2020, LLC 6936 W. 4IITH A \IE, WHEAT RIDGE. CO W1HEA T RIDGE 2020, LLC Q£ED OF musr Hot DEB INSTRUMENT f53961 AND INSTRUMENT 153682 INSTRUMENT 19#46 THE UNDERSIGNED, AS LEGAL HOlDER OF THE DEED OF TRUST ON i/2212010 AT RECEPllON NO. 201001193116, OF THE RECORDS OF THE ..uFD!SON COUNTY CLERK AND RECORDER AND THE DEED Of TRUST ON 912212010 AT RECEPllON NO. 2010089368, BOTH OF THE RECORDS OF THE ..uFD!SON COUNTY CLERK AND RECORDER HEREBY CONSENTS TO THE WITHIN PLAT AND SUBORDINATES ALL Of ITS RIGHT, llTL.E AND INTEREST UNDER SAID DEED Of TRUST I MORTGAGE TO THE WITHIN PlAT. SIGHED THIS ___ DAY Of _____ .20.......... L.ENDER:ftPR"'I~NT....,N""AM~E=-:AN::::D""ll~TL.E:~·----------------------­ FlRST BANK NOTARY CEBDFlCAJt STATE Of COLORADO ) )SS COUNTY OF ..uFD!SON ) ~E fOREGOING INSTRUioiENT W~A~CKN0\10\.EDCED BEFORE ME THIS __ DAY OF -----, A.D. 20_ WITNESS MY HAND AND OFFlCIAl SEAL loiY COMMISSION EXPIRES: NOTARY PUBUC 69J8 W. 411TH A \IE, WHEAT RIDGE. CO BD1 PROPER liES CErn CJ: IRU$! HO Df8 INSTRUioiENT ~8959 THE UNDERSIGNED, AS LEGAl HOlDER Of THE DEED OF TRUST ON 5/512010 AT RECEPllON NO. 20100•1J2J, Of THE RECORDS Of THE ..uFD!SON COUNTY CLERK AND RECORDER. HEREBY CONSENTS TO THE WITHIN P1.A T AND SUBOROINA TES ALL OF ITS RIGHT, llTL.E AND INTEREST UNDER SAID DEED OF TRUST I MORTGAGE TO THE WITHIN PLAT. SICNEO THIS ___ DAY OF-----· 20.......... L.ENDER:;;:PRIN=T..-::N""AM"'E=-:AN;:;;D::-o;ll;;;TL.E:=· ------------ MSJ1 OF COlORADO. N.A. NOTARY CfRDFlCAit STATE OF COlORADO ) )SS COUNTY OF ..uFD!SON ) THE fOREGOING INSTRUioiENT WAS ACKN0\10\.EDCED BEFORE ME THIS __ DAY OF -----, A.D. 20_ BY , AS ________________ ___ WITNESS MY HAND AND OFFlCIAl SEAL MY COMMISSION EXP1RES: NOTARY PUBUC ~ 209 N. SCOTT STREET DATE OF PREPARAllON: SEPT[fojBER JO, 201J J lt PREPARED BY: SOl SUR'.'EnNG. LLC f ST. fRANCIS. KS &n~ DATE OF REVISION: MAY 21 , 201• 30 ................................................................................................................... ~::~------~~::·.J~a5-:.~JJ2::-~2~4113:: .................................... ~----------~----------------------------------------------------------~DA~TE~~Ofl.~~~SI;ON!_:•AU--GU•ST--•10•,•20--14 ...... J PRO.£CT: SJ0.4.-1 ~ I J l I l ) OMJfB"S CQUflCAlE• ~ THE UNDERSIGNED, BEING THE O~ERS OF REAL PROPERTY CONTAINING 0.910 ACRES DESCR1BED AS FOIJ.OWS: U:CAL OESaal'llON: A TRACT OF LAND l.OCI.TED IN THE NORTHEAST QUARTER OF SECTION 23, TO~SHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PR1NeP& l.tERIDIAN, eTY OF Y1HEA T RIDGE, ..urrRSON COUNTY CQ.ORADO BEING A PORllON OF LOT 27, COUI.DiAN GRANGE, A SUBDIIIISION RECORDED IN THE RECORDS OF THE .GfrRSON COUNTY Cl£R1< AND RECORDER IN PlAT BOOK 1 AT PAGE 46 AND THAT TRACT OF LAND SNO~ ON THE CONDOI.tiNIUI.t PlAT OF SONERSET HOI.tES. A CONDOI.tiNIUI.t PLAT RECORDED IN CONDOI.tiNIUI.t BOOK 36 AT PAGE 36 AND B£1NG WORE PARllCUI..ARLY DESCRIBED AS FOlLOWS: COI.tMENeNG AT THE NORTHEAST CORNER OF SAID SECllON 23; THENCE S.0013'27"E. &ONG THE EAST UNE OF SAID NORTHEAST ONE-QUARTER A DISTANCE OF 30.70 F'EET TO A POINT ON THE EXTENSION OF THE SOUTH RIGHT-OF-WAY UNE OF WEST 46TH A~E; THENCE 5.69'43'21"W. ALONG SAID SOUTH RIGHT-OF-WAY UNE A DISTANCE OF 253.00 F'EET TO THE NORTHEAST CORNER OF SAID TRACT AND THE TRUE pgNT Of BEGINNING; THENCE CONTINUING S. 89'43'21"W. ;t.LONG SAID UNE A DISTANCE OF 132.00 F'EET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE 5.0013'27"E. A DISTANCE OF 300.20 F'EET TO THE SOUTHWEST CORNER OF SAID TRACT, BElNG A POINT ON THE SOUTH UNE OF SAID LOT 27; THENCE N.89'43'09"E. &ONG THE SOUTH UHE OF SAID LOT 27 A DISTANCE OF 132.00 F'EET TO THE SOUTHEAST CORNER OF SAID TRACT; THENCE N.0013'27"W. A DISTANCE OF 300.19 F'EET TO THE TRIJE POINT Of BEGINNING CONTAINING AN AREA OF 39,626 SQUARE F'EET OR 0.910 ACRES MORE OR L£55. HAllE LAID OUT, SUBOIIIIDED AND PLATTED SAID LAND AS PER THE ORA'MNG HEREON CONTAINED UNDER THE NAI.tE AND STYL£ OF SOMERSET HOliES T~ F'NAl PLAT, A SUBDIIIISION OF A PART OF THE eTY OF 'MHEAT RIDGE, COLORADO AND BY THESE PRESENTS DO DEDICATE TO THE eTY OF 'MHEAT RIDGE AND THE PUBUC THOSE PORTIONS OF RE;t.L PROPERTY SNO~ AS RIGHT -OF-WAY, AND DO FURTHER OEDICA TE TO THE eTY OF 'MHEA T RIDGE AND THOSE t.IUNiePALLY O~ED AND/OR MUNiePALLY FRANCHISED UTIUTIES AND SERIIICES THOSE PORTIONS OF RE;t.L PROP£RTY SHO~ AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION. t.IAINTENANCE, REPAIR AND REPLACEI.tENT FOR ALL SERIIICES. THIS INCLUDES BUT IS NOT UMITED TO TELEPHONE AND EL£CTRIC UNES. GAS UNE5. WATER AND SANITARY SE't!UI UNE5. HYDRANTS, STORiol WATER SYSTEWS AND PIPES, DETENTION PONDS. STREET UGHTS AND ALL APPURTENANCES THERETO. lmllm; 8904 W. 46TH A\IENUE 8904 46TH LLC 418 RIDGE A\IENUE LONGMONT, COLORADO ~1 ANNE MARIE POUCH, MANAGING MEI.tBER NOTARY CEBDFlCAit STATE OF COLORADO ) ) ss COUNTY OF JEFFERSON ) ~E ~~E'i?~~ ~~~~~; ::;A~~t~~ BEFORE ME THIS __ DAY OF -----• A.D. 20_ 'MTNESS WY HAND AND orne& SEAL WY COI.tMISSION EXP1RES: NOTARY POBUC QHB; 6906 W. 46TH A IIIENUE DNIFER R. JACOBSON 9606 W. 46 A \IENUE 'MHEA T RIDGE, COLORADO NOTARY CEBDf]CAIE STATE OF COLORADO ) )SS COUNTY OF .GfrRSON ) ~E ~o::~N; I~A~,T ~A~~r;r.OYUDGED BEFORE ME THIS--DAY OF -----, A.D . 20_ 'MTNESS WY HAND AND orneAL SEAL MY COI.tl.tiSSION EXP1RES: _____ _ NOIART PUBUC QIIIJ!; 6908 W. 46TH A \IENUE ROBERT P. KEENAN II 7626 VANCE ORI\IE, 1100 ARVADA. COLORADO 6000J NOTARY CER]f)CAIE STATE OF COLORADO ) )SS COUNTY OF ..urrRSON ) ~E~~:.\~~~FisW~.!.:?.NOVoi..EDGED BEFORE ME THIS--DAY OF-----, A.D . 20- 'MTNESS lAY HAND AND orne& SEAL lAY COI.tl.tiSSION EXP1RES: ------- NOTARY PUBUC ~ ~ ~ "' ~ SOMERSETHOMESTOWNHOMES FINAL PLAT v .-- t;; ~ A PART OF THE NORTHEAST 1/4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 611 WEST, 6TH P.M. CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO SHEET 1 OF 4 W 46TH A\IE ~"--~ ITB ,_ :;; i 47TH tl .... "' ,.. .... W46 THPL 0: "' ~ 0 ... ... 0: :> < "' .... "' .... "' " 0: < :I: ~ Q. :> I!! w 45_11 1-- ll!IWt 6910 W. 46TH A \IENUE IAUARX UAN I HEY 6910 W. 46TH A\IENUE 'MHEAT RIDGE, COLORADO NOTARY CEB]EJCAJf STATE OF COLORADO ) )SS COUNTY OF .GfrRSON ) ffi 0: :;;~ Pl ,.. < a MARTENSEN ES A \IE W 44TH A\IE VICINITY MAP SCAL£: 1" • 500' --- W 47TH A\IE :;; ~ ~ W t<T>< Al.1' w ..,.TH ,Aio£ - .... "' ~ I I ~E T~~~~.U~~.;;~. ACKNOYUDGED BEFORE l.tE THIS __ DAY OF ------, A.D. 20_ 'MTNESS MY HAND AND orne& SEAL lAY COI.tWISSION EXP1RES:. ______ _ NOIARY POBOt QIIIJ!; 6914 W. 46TH AIIIENUE All.tEE iJ . 50RENstN 4109 COACH HOUSE LOOP CASTI.£ ROCK, COLORADO 60109 NOTARY CfB]f)CATf STATE OF COLORADO ) )SS COUNTY OF .GfrRSON ) ~E :~~N~~~~~; t:~.CKNO'M..EDGEO BEFORE ME THIS--DAY OF -----, A.D . 20_ 'MTNESS MY HAND AND orneAL SEAL MY COI.tMISSION EXPIRES: ______ _ NOTARY POBUC .... ... ... ~ "' ~ !!i :I: CASE HISTORY ... " j ~ ... 0 ~~ iii ~ ~ EXHIBIT 6: PLAT QIIIJ!; 6912 W. 46TH A \IENUE 6916 W. 46TH A\IENUE 6936 W. 46TH A\IENUE 'MHEA T RIDGE 2020, LLC 7391 W. 36TH A\IEN\JE 'MHEAT RIDGE, COLORADO 80033 NON PROFlT CORPORAllON BRITTA E. ASHER. EXECUTI\IE DIRECTOR NOTARY a:R]FJCAJE STATE OF COLORADO ) )SS COUNTY OF ..urrRSON ) ~~ ~EGOIBNYG ~~~EN~~:. ~~~~ 01~~ ~ -:h-T_R_I_D~A;oro: "'LL"'c"". ---- 'MTNESS MY HAND AND orne& SEAL lAY COI.tMISSION EXP1RES: _____ _ NOTARY PUBUC I, STE\IEN D. USTER, DO HEREBY CERTIFY THAT THE SUR~ OF THE BOUNDARY OF SONERSET HOI.tES TOWNHOI.tES AN& PLAT WAS l.tADE BY ME OR UNDER NY DIRECT SUPERIIISION AND TO THE BEST OF MY KNOWLEDGE, INFORMAllON AND BEUEF. IN ACCORDANCE 'MTH ALL APPLICABLE COLORADO STATUTES. CURRENT REIIISEO EDillON AS AMENDED. THE ACCOI.tPAN'11NG PLAT ACCURATELY REPRESENTS SAID SUR\IEY. REGISTERED COLORADO LAND SUR\IEYOR REGISTRATION NO. 16637 Pl.NMfG C(IIISSQi qR'OOCADCif· ~~M:o:' P~N~bR~~IS~~-. --DAY OF ------• 201_ BY THE CHAIRPERSON QTy CfRDFJCAJQt APPRO\IEO THIS--DAY OF·-----~ COUNCIL ATTEST 201-BY THE VoHEAT RIDGE eTY eTY CLERK MAYOR COI.tl.tUNITY DE\IELOPMENT DIRECTOR DIRECTOR OF PUBUC WORKS COINJY Q,£RK ANQ MCQRPt:RS CJBDFlCAJt; STATE OF COLORADO ) )SS COUNTY OF ..urrRSON ) I HEREBY CERTIFY THAT THIS PLAT WAS Al.EO IN THE ornCE OF THE COUNTY Cl£R1< AND RECORDER OF ..urrRSON COUNTY AT GOUOEN , COLORAIDO. AT. __ O'CLOCK-· M. ON THE __ DAY OF , _ A.D., IN BOOK ___ , PAGE ___ , RECEPllON NO. ..urrRSON COUNTY CLERk AND RECORDER BY:~o~~~rrr------------------1t W$-14-01 PREPARED BY: SOL SURIIE'11NG, LLC WZ-14-05 DATE OF PREPARATION : SEPTEI.tBER 30, 2013 f J09rn'!;N~~s~W:56 DATE OF REIIISION: WAY 21, 2014 ;> TEL: 765-332-2463 DATE OF REIIISION: AUGUST 10, 2014 • ._ __________________________________________________________________________________________________________ ~~------------------------------------------------------L---------.J~------------------------------------------------------~PR~O£~C~~_;SJ04-;;~1 ----------------~ I { I 0168ACifB Cf' QE)f1 <JVNI· THIS SPEOAC DEVEI.OPI.IENT PLAN SHOWS THE IIM'RO\'E)jENTS THAT CURREI<lt Y EXIST ON THE PROPERTY. ZONED R-2 PART OF LOT 27 COULEHAN GRANGE SUBOI'-1SION SOMERSETHOMESTOWNHOMES PLANNED RESIDENTIAL DEVELOPMENT SPECIFIC DEVELOPMENT PLAN 6' DRAINAGE EASOIEN T ZONED RJ I R2 PART OF LOT 27 COULEHAN GRANGE SUB01"1SION ZONED R3 I R2 PART OF LOT 27 COULEHAN GRANGE SUBOI'-1SION A PART OF THE NORTHEAST 1/4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 19 WEST, eTH P.M. CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO SHEET 2 OF 2 t LOT & lRACT SIZES SQUARE LOT ADDRESS FEET ACRES 1 6940 4,849 0 .111 2 6938 851 0 .020 3 6936 785 0 .018 4 6934 785 0 .018 5 6932 785 0.018 6 6930 785 0 .018 7 6928 785 0 .018 8 6926 771 0 .018 9 6924 n1 0.018 10 6922 785 0 .018 11 6920 785 0 .018 12 6918 743 0.017 13 6916 662 0.015 14 6914 1,309 0 .030 15 6912 739 0 .017 16 6910 786 0 .018 17 6908 786 0.018 18 6906 786 0.018 19 6904 1,424 0 .033 A 12,194 0 .280 B 1,094 0 .025 c 1,075 0 .025 D 5,278 0 .121 DEDICATION 13 0 .000 TOTALS 39,626 0 .910 AIREA(SO.n) " LOT SIZE: 39,626 100.00 BUILDING 10,417 26.3 LANDSCAPING 10,1 24 2!1.~ f OF UNITS 19 DENSITY 19 UNITS I 0.91 ACRES • 21 UNITSIAORE BUILDING HEJGHT, 8940 18.8' BUILDING HEJGHT, 6904--6914 23.2' BUILDING HEJGHT, 8918-6936 23.~· PAIRKING SPAC£5: COIIERED PARKING SPAC£5 21 UNCOIIERED PAIRKING SPACI:S 21 .L.EGEliQ. ..--,.----~ INDICATES BUILDING ll.tPRO\'E)jENTS INDICATES BUILDING 0\otJ!HANG INDICATES CARPORT INDICATES CONCRETE lloiPRO\'E)jENTS INDICATES PA\'E)jENT ll.tPRO\'E)jENTS ---INDICATES ADJOINING LOT UNES INDICATES EASE14ENT -.oo-----INDICATES EDGE OF PA\'EI.tENT INDICATES fENCE UNE INDICATES FLOIIUNE -------INDICATES SUBDI'IISION INDICATES LOT UN E. INTERNAL INDICATES RETAINING WAILL INDICATES RIGHT-OF-WAY CENTERUNE ------INDICATES SIECllON UNE - - ----- - -INDICATES SETBACI< INDICATES CURB LS INDICATES LANDSCAPING SCALE 1" • 20' 20 0 10 20 ~---------------------~.s.~·--------------------------~ CASE HISTORY W$-14-01 WZ-14-05 BRICI< 'T'IPICAL TOWNHOWE SECllON BAY 'MNOOWS AT ONLY THE FOU.OWING UNITS: 6936,6932,6924,6920.8912. 6906 LEGAL DESCRIP'110N: A lliACT OF LAND LOCATED IN lllE NORlllEAST QUAATO! OS SECnON 23, TOWNSHIP 3 SQUlll, RANCE 69 II{ST OF lllE 81ll PRINCIPAL loiERIDIAN, CITY OF ~EAT RIDGE. .HFIRSON COUNTY COLORADO BEING A PORnON OF LOT 27, COULEHAN GRANGE. A SUBOI'o1SION RECORDED IN lllE RECORDS OF lllE ..ufERSON COUNTY CLERK AND RECORDER IN PlAT BOOK 1 AT PACE 411 AND THAT TRACT OF LAND SHO'IItl ON THE CONDOMINIIJiol PlAT OF SOMERSET HOioiES, A CONDOMIN1\Jiol PlAT RECORDED IN CONDOMINIIJiol BOOK 36 AT PACE 36 AND BEJNG loiORE PARnCUL.ARLY DESCRIBED AS fOLLOWS: COiolloiENCING AT THE NORTHEAST CORNER OF SAID SECnON 23; lllENCE S.0013'2TE. ALONG THE EAST UNE OF SAID NORTHEAST ONE-QUARTO! A DISTANCE OF 30.70 FEET TO A POINT ON THE EXTENSION OF THE SOUTH RICHT-01'-WAY UNE OF II{ST 48TH A~UE; THENCE S.B9'-43'21"W. ALONG SAID SOUTH RIGHT-OF-WAY UNE A DISTANCE OF 253.00 FEET TO THE NORTHEAST CORNER OF 5.AJD TRACT AND THE TRUE PQ!NT Of BEGINNING: THENCE CONnNUING S. 89'-43'21"W. ALONG SAID UNE A DISTANCE OF 132.00 FEET TO THE NORTHIIf:ST CORNER OF SAID TRACT; THENCE S.0013'2TE. A DISTANCE OF 300.20 FEET TO THE SQUTHIIf:ST CORNER OF SAID TRACT, BEING A POINT ON THE SOUTH UNE OF SAID LOT 27; THENCE N.II9'-43'09"E. ALONG THE SOUTH UNE OF SAID LOT 27 A DISTANCE OF 132.00 FEET TO THE SQUlllEAST CORNER OF SAID TRACT; THENCE N.0013'2Tw. A DISTANCE OF 300.19 FEET TO lllE TRUE PQ!NT Of ~ CONTAINING AN AREA OF 39,828 SQUARE FEET OR 0 .910 ACRES loiORE OR LESS. OMR'$ CEB'I'flCIJE· THE BEl.OW SIGNED OWNER(S), OR LEGALLY DESIGNATED AGENT(S) THEREOF, DO HEREBY AGREE THAT THE PROPERTY LEGALLY OESCRIBED HEREON 'MLL BE DE\'ELOPED AS A PlANNED DE\'ELOPioiENT IN ACCORDANCE 'MTH THE USES. RESllllcnONS AND CONDinONS CONTAINED IN THIS PLAN. AND AS loiAY OTHER'MSE BE REQUIRED BY LAW. I (llf:) FURTHER RECOGN1ZE THAT THE APPROVAL OF A REZONING TO PlANNED DEVELOPMENT, AND APPROVAL OF THIS SPECIFlC DEVELOPioiENT PlAN, DOES NOT CREATE A VESTED PROPERTY RIGHT. VESTED PROPERTY RIGHTS loiAY ONLY ARISE AND ACCRUE PURSUANT TO THE PROV1SIONS OF SECnON 26-121 OF THE ~EAT RIDGE C00E OF LAWS. Qlllll: 8904 W. 48TH A~UE 8904 48TH LLC 418 RIDGE AVENUE LONGioiONT, COLORADO ~ ANNE IIAR!t POUCH . loiANACiNC loiEMBER NOTARY CEBDEJCAI£ STATE OF COLORADO ) )SS COUNTY OF ..ufERSON ) ~E _!.W~~~ I=~~; :~A~C:CN~ BEFORE loiE THIS __ DAY OF -----, A.D . 20_ 'MTNESS loiY HAND AND OI'FlCIAL SEAL. loiY COiolloiiSSION EXPIRES: _____ _ NOTARY POeOc Qlllll: 691D W. 48TH A~UE TAIIARA ilANlHEY 691 D W. 48TH A VENUE ~EAT RIDGE. COLORADO NOTARY CfB]ElCAlE STATE OF COLORADO ) )SS COUNTY OF DTERSON ) ~E T~~~tJ~~n..::~. ACKNOWLEDGED BEFORE loiE THIS __ DAY Of -----, A.D. 20_ 'MTNESS WY HAND AND OI'FlCIAL SEAL WY COiolloiiSSION EXP1RES: _____ _ NOTARY PUBUC lllii!UI: 6908 W. 48TH A VENUE ::tliNIFtR R. JACOBSON 9606 W. 48 A VENUE ~EAT RIDGE. COLORADO NOTARY CfB]flCAlf STATE OF COLORADO ) )SS COUNTY OF ..ufERSON ) THE fOREGOING INSlliUioiENT WAS ACKNOWLEDGED BEFORE loiE THIS BY ..ENNifER R. JACOBSON , AS O'MIER. 'MTNESS loiY HAND AND OI'FlCIAL SEAL loiY COiolloiiSSION EXPIRES: ______ _ NOTARY PUBliC Qlllll: 811011 W. 48TH A VENUE ROBERT P. KEENAN H 7828 VANCE DRIVE, 1100 ARVADA. COLORADO 80003 NOTARY CERDACAII STATE OF COLORADO ) )SS COUNTY OF ..ufERSON ) DAY OF -----, A.D. 20_ ~E R~~:.G K~~~:s W~~NO'Io\IDCED BEFORE loiE TH IS--DAY OF -----, A.D. 20- 'MTNESS loiY HAND AND OI'FlCIAL SEAL. WY COiolloiiSSION EXPIRES: ______ _ NOTARY PU80c PREPARED BY: SOL SURVEYING, LLC 209 N. scDn S11IEET ST. fRANCIS. KS 8nM TEL: 7115--332-2483 51 aj ~ ~ ~ ~ SOMERSETHOMESTOWNHOMES PLANNED RESIDENTIAL DEVELOPMENT SPECIFIC DEVELOPMENT PLAN A PART OF THE NORTHEAST 1/4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 89 WEST, 8TH P.M. CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO SHEET 1 OF 2 :~.:I ~~ W 48/H ,AVE / -... "' ,_ W46 THPL 0: ::> 31 3 U!i :; ... "' ... "' ~ ::1 0: < :z: :t > Q. ~ ::> II!HII: 8914 W. 48TH A~UE AIMEE II . SORENSEN 4109 COACH HOUSE LOOP CASTLE ROCK, COLORADO 60109 NOJABY CER]EJCAJF' STATE OF COLORADO ) )SS COUNTY OF .HFIRSON ) --... "' ¥'4nii L ... u a: ... 0: W 471ll AVE ~~ PL ... "' ... ~ "' ,_ § < ~ a 1- "' 0: z ,_ ~ MARTENSEN I ES w 451} AVE W 451ll AVE I I VICINITY MAP SCAIL 1" • :500' ~E .J:i~N~~~~; ~r:.CKNOWLEDGED BEFORE WE THIS--DAY Of -----, A.D. 20_ 'MTNESS loiY HAND AND OI'FlCIAL SEAL. WY COioll.tiSSION EXPIRES: _____ _ NOTARY POBOC II!HII: 8912 W. 48TH A VENUE 6916 W. 48TH AVENUE 8936 W. 48TH AVENUE 'IIHEA T RIDGE 2020, LLC 7391 W. 38TH AVENUE 'IIHEAT RIDGE. COLORADO 80033 NON PROflT CORPORA nON BRITIA E. FlSHER , EXECUnVE DIRECTOR NQTABY CERDfiCAIE STATE OF COLORADO ) )SS COUNTY OF .HFIRSON ) ~~ ';~GOI:YG :.~~ENri~ ~~~ Dl'l:c~ ~ ~~-T-R10CE-DAJog. "'LL"'C.;----- YIITNESS IIY HAND AND OI'FlCIAL SEAL. WY COiolloi iSSION EXPIRES: _____ _ NOTARY PUBUC QBit 6936 W. 48TH A~UE BDI PROPERnES, LLC. 1001A E. HARioiONY ROAD I 160 fORT COLUNS. COLORADO 6052~ .JioiiiY RAY BOYIWAN, EXECUnVE DIRECTOR NOTABY C£R]flCAJE STATE OF COLORADO ) )SS COUNTY OF ..ufERSON ) lllE fOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE WE THIS DAY OF BY .JIIWY RAY BOYIWAN , AS EXECUnVE DIRECTOR OF Bot PROPERnES. LLC .. 'MTNESS loiY HAND AND OI'FlCIAL SEAL. WY COiolloiiSSION EXPIRES:------ NOTARY P08UC -----, A.D. 20_ -- I ~ ... 0 ill "' ... ~ "' I!! "' ~ 0: < :z: CASE HISTORY W$-14-01 W2-14-05 EXHIBIT 5: SDP QBit 6918 W. 481ll AVENUE 6920 W. 48TH AVENUE 6922 W. 48TH A VENUE 6924 W. 48TH AVENUE 8928 W. 48TH A~UE CRARlts S: OCHSNER 5n2 MCINTYRE COURT COLDEN. COLORADO 80403 NOTARY CE8Df1CAit STATE OF COLORADO ) )SS COUNTY-'l£ SFERSON ) 6928 W. 48TH A VENUE 6930 W. 48TH A VENUE 6932 W. 48TH AVENUE 6934 W. 48TH A VENUE 8940 W. 48TH A VENUE THE fOREGOING INSTRUioiENT WAS ACKNOWLEDGED BEFORE loiE THIS --DAY OF BY CHARLES S. OCHSNER, AS O'MIER. 'MTNESS loiY HAND AND OI'FlCIAL SEAL loiY COiolloiiSSION EXPIRES:------- NOTARY PUBUC QBit 6940 W. 48TH A VENUE JOHN ZOOK 6940 W. 48TH A VENUE ~EAT RIDGE. COLORADO NOTAftX CERDf)CAJE STATE OF COLORADO ) )SS COUNTY OF ..ufERSON ) ----------· A.D. 20-- ~E ~a:=-~~~g:_T WAS ACKNO'Io\IDCED BEFORE loiE THIS __ DAY OF -----• A.D . 20_ 'MTNESS WY HAND AND OI'FlCIAL SEAL l.tY CONIIISSION EXPIRES: ______ _ NOTARY PUBUC SUf!liElll!!'S CIERDf!CATE; I, STEVEN D. USTER. DO HEREBY CERnfY THAT THE SURVEY OF THE BOUNDARY OF SOUEl!SIET HOliES TOWNHOIIES WAS IIADE BY liE OR UNDER IIY DIRECT SUPERV1SION AND TO THE BEST OF WY KNO'M.IDGE, INfORIIA nON AND BEIJEF, IN ACCORDANCE 'MTH ALL APPliCABLE COLORADO STATU TES. CURRENT RE'o1SIED EDinON AS AloiENOED, THE ACCONPAN\'lNC PlAN ACCURATELY REPRESENTS SAID SURVEY. REGISTO!ED COLORADO LAND SURVEYOR REGISlliA nON NO. 16837 pt.Ntt!NQ COMMSSIQN CE:BlJlCADQi• ~~lol:~ ~N~~~~:~----DAY OF ------· 201_ BY THE CHAIRPERSON QJY cmJ)f]CADON· ~~ THIS __ DAY Of ______ 201_ BY THE ~EAT RIDGE CITY ATTEST CITY CLERK WAYOR CONWUNITY DE\'ELOPioiENT DIRECTOR DIRECTOR OF PUBUC WORKS CC'JJNJ)' Q EBK ANQ AfCQVBS qRDEJCAlE· STATE OF COLORADO ) )SS COUNTY OF .HFIRSON ) I HEREBY CERTifY THAT THIS P1.A T WAS F1l.ED IN lllE OI'FlCE OF THE COUNTY CLERK AND RECORDER OF DTERSON COUNTY AT COLDEN, COLORADO. AL___O'CLOCK _. W. ON THE __ DAY• ~OF======-:--,_ A.D., IN BOOK ___ , PAGE ___ , RECEPnON NO._ ..ufERSON COUNTY Cl£RK AND RECORDER B~~~~~rrr------------------ i l ~ i l ~ I I ~~· I I J I SCAl.£ 1"-20' 20 0 10 20 5' unuTY EA~EN T ZONED R-2 PART~ LOT 27 COULEHAN GRANGE SUBDIVISION ---- ZONED R-2 PART~ LOT 27 COULEHAN GRANGE SUBDIVISION • I "' ,._ N ;., ~ SOMERSETHOMESTOWNHOMES PLANNED RESIDENTIAL DEVELOPMENT OUTLINE DEVELOPMENT PLAN ot ~ Lot 6 Lot 7 Lot 8 / Lot 9 Lot 10 lot 11 Lot 12 Lot 13 TRACT B ~DSCAPI NG & DRAINAGE AREA lot I• ~ ~ 0 .3 ~ A PART OF THE NORTHEAST 1~ OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE IV WEST, fTH P.M. CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO SH EET 2 OF 2 !:: :!! ~ :3 .9 6' DRAINAGE EA~ENT ZONED RJ / R2 PART~ LOT 27 COULEHAN GRANGE SUBDIVISION ZONED R3 / R2 PART~ LOT 27 COULEHAN GRANGE SUBDIVISION 5' unuTY ~ENT 5 .0 ' 1"1-J / t RIGHT-Of-WAV / / DlOICA nON, SEE / --;~~P~l.A~~T-·~~r;;f~~--------t-~~~~~~7:~~~~~~~~;o~~~--~j;;-/" -r ZONED R2 f I ~~~~ OUllJNE OE\'D.OPIIENT PLAN GENERAL NOlE: THIS OUTUNE DEVEI.OPIIENT PLAN IS CONCEPTUAL IN NATURE. SPEQFlC DEVEI.OPIIENT El.EliENTS SUCH AS SllE LAYOUT AND BUILDING ARCHlECTURtE HA'o£ HOT BEEN ADDRESSED ON THIS DOCUMENT. AS A RESULT, A SPEQFlC OE\'D.OPWENT PlAN MUST BE SUBMITlED AND APPRO VIED BY THE aTY ~ WHEAT RtOIGE PRIOR TO THE SUBWITT AL ~ RIGHT-~-WAY DR BUILDING PER1o41T APPUCAnON AND ANY SUBSEQUENT SllE OE\'D.OPIIENT. O!ARAClER OF OEWJ..OPIIEI(T: THIS OUTUNE DEVEI.OPIIENT PLAN ESTAIBUSHES THE SO..ERSET HOWES TOWHHOWES AS A PLANNED RESIDENnAL OE\'D.OPWENT. THE PROPERTY IS Al.R£ADY DEVELOPED 'MTH 18 ATTACHED DWEUJNG UNITS AND A SINGLE fAWILY HOWE. THE PURPOSE ~ THE PRO IS TO AIJ.OW THE ElCISnNG D'MEUUNG UNITS TO REWAIN BUT BE CONVIERlED fROW CONDOioiiNIUII TO TOWHHOW£ OWNERSHIP . SllE AND BUlDINC DESIGN: l];E~~C.:::i ~ESI~~~E~ ::tt:'~~lE~~~~A~~~~~~~~==i ACCESSORY BUIUliNGS SHALL NOT BE CONSTRUClED ~ WETAL. BUT ARE ALLO'MED TO HA'o£ loiETAL SIDING AS LONG AS THE WA TERIAL HAS A TEXTURED IWXlD GRAIN APPEARANCE SIWILAR TO HORIZONTAL Cl.AP90ARD. PARICING: ALL PARKING SHALL BE IN CONfORWANCE 'MTH SECnON 26-501 (Off-STREET PARKING AND LOADING) ~ THE WHEAT RtOIGE CODE ~ LAWS (EXCEPT FOR REQUIRED NUWBER ~ SPAaES AS HOlED BELOW). l.ANDSCN'IHCl: ALL LANDSCAPING SHALL BE IN CONfDRWANCE 'MTH SECnON 26-002 (LANDSCAPING REQUIREWENTS) ~ THE WHEAT RtOIGE CODE ~ LAWS (EXCEPT FOR CDVIERAGE REQUIREWENTS AS HOlED BELOW). EXlER10R UGHTINC: ALL EXlERIDR UGHnNG SHALL BE IN CONFORMANCE 'MTH SECnON 26-003 (EXTERIOR UGHnNG) ~ THE WHEAT RIDGE CODE ~ LAWS. SIGNAGE: ALL SIGNAGE SHALL BE IN CONFORWANCE 'MTH ARnCLE VII (SIGN CODE) ~ THE WHEAT RJOIGE CODE ~ LAWS. fDjQNG: ALL fENQNG SHALL BE IN CONFDRWANCE 'MTH SECnON 26-&0J (fENCES. WALLS AND OBSTRUCnONS TO 111EW) ~ THE WHEAT RIOIGE CODE ~ LAWS. DEVEI.OPIIENT STAND ARDS ENnRE SllE WAXJWUW BU1l.DIHG COVIERAGE 40ll WINIWU"' LANDSCAPE CD'o£RAGE ~" WAXJWUW DENSITY 21 un lto/oere WINIMUW Off-STREET PARKING 2 1100<e0/unlt LOTI WAXJWW BU1l.DING COVIERAGE 40ll WAXIMUW HEJGHT 35 fEET LOTS 2-19 WAXJWUW BUit.DtNG CD'o£RAGE 75X WAXJWUM HElGHT 35 fEET TRACT D WAXIIIUW BUILOING CDVIERAGE lcml MAXIWM HElGHT 1~ fEET POIIMTlED USES LOT I PRtWARY USES: SINGLE F AWIL Y D'MEUUNG ACCESSORY USES: HOWE OCCUPATIONS HOUSEHOLD PETS. UWilED TO NO loiORE THAN 3 DOGS & 4 CATS URBAN GARDENS ACCESSORY BUILDINGS LOTS 2-li PRtWARY USES: IIJI.n fAWILY DWEUJHG, UMITED ACCESSORY USES: TO ATTACHED T~ONES HOWE OCCUPATIONS HOUSEHOLD PETS. UMilED TO NO loiORE THAN J DOGS & 4 CATS TRACT A PRtWARY USES: SURfACE PARKING TRASH STORAGE TRACT 0 PRtWARY USES: ACCESSORY BUtl.DIHGS. Ul.lllED TO ATTACHED CARPORTS OR GARAaES HOlE: DUE TO THE PRESENCE ~ A STDRWWA TER SYSTEW 'MTHIN TRACT ·o·. EXCLUSI'o£ ~ ROUliNE WAINlENANCE. NO CHANQES OR ALTERATIONS AF'f'EcnNG THE EJClsnNG PARKING STRUCTURES 'MTHIN TRACT "0" SHALL BE WADE 'MTHOUT WRITTEN APPROVAL fRON THE DIRECTOR ~ PUBUC WORKS. NOT P£1!11TlED: RV/IIOAT STORAGE WiEt:lll !~~~~~~ INOICAlES BUILDING IWPRO'o£WENTS INDICATES CARPORT INDICATES EDGE ~ CONCRElE INDICATES PA'o£MENT IMPRO'o£WENTS INDICATES ADJOINING LOT UNES INDICATES EA~ENT ----INDICATES EDGE ~ PA'JIEWENT -------------INDICATES fLO'MUNE ------------INDICATES SUBDIVISION INDICATES LOT UNE. INlERNAL INDICATES RIGHT-~-WAY CENlERtUNE INDICATES SECnON UNE INDICATES SETBAa< INDICAlES CURB ~ t INDICATES DRIVING aRCULA nON ~ OT I fRONT NORTH 25 Fn'T REAR SOUTH 5 FEr SIDlE lEAST] ' 5 fEEl SIDE (WES" • FlTT OT 2 19 fRONT NORTH 5 FlTT EXlERIDR REAR ~FEr INTERIOR SllE 0 fEEl TRACT 0 OF'EE' i' W. 471H PLACE 11::! COU~~VI:~GE I 40' RtQ1T-~-WAY I 1 sw 1/4 SECnON 23, BY PlAT~ I z~~o9RJ EAST 1/4 CORNER SEcnON 23, 1 "'# l J 1/4" AIJ.OY CAP IN RANGE POINT BOX. CAP LEPPLA MANORSUB I LEPPLA ... ANDR SUB J 1/4" BRASS CAP IH RANGE POINT BOX. I PRfPARfD BY: Sill SURVE'IIHC, LLC f STAIIPED "LS 13212." m • CAP STAIIPED "l.S 13212." ST~rr:t,~~ssr:wM ~~ ~~~~:: ~ ... ------...I~(WCP __ -_~~_~_09_. _N._7_0&46 ___ ':_•5•2•, •E.•1•18•435.---~_);;;;.-.------~:.::_-_-_---->v-_..;:,_-_-_-_-:.:.:.-_-_:.::;_-_-_-_-_:.:.-_\!__. _ .. _lH_A_..ai ___ .l/_E::;.-_-_-_-_-:.-:.:.-_-_-->v_...:,_-_-:,:::.(.~---~~-4809-•, _H._2_0848 ___ 2._0_1._E._~_2_1~--10•)~...,j~----.L.--.:;;...;,. ____ lEL;_·_7_M-_3J_2 __ 2_4113 _______________ ...,jDi:I:AilllE::.I·;!i09~/30~/20~1~3....1 CASE HISTORY W5-14-0I WZ-14-05 i l LEGAL DESCRIPllON: A TRACT OF LAHD LOCATED IN lHE NORlHEAST QUARTER OF SECllON 23, TO\\tjSHIP 3 SOOlH, RANGE 69 'IIEST OF lHE 6lH PRINCIPAL WERIDIAN, OTY OF WHEAT RIDGE. .uFERSON COUNTY COLORADO BEING A PORllON OF LOT 27, COULEHAN GRANGE. A SUBDI'JISION RIECOROED IN lHE RECORDS OF lHE JEffERSON COUNTY !l.£RI< AND RECORDER IN PLAT BOOK 1 AT PAGE 48 AND lHAT TRACT OF l.AHO SHOWN ON lHE CONOOWINIUW PLAT OF SOWERSET HOWES. A CONOOWINIUW PLAT RIECOROED IN CONOOWINIUij BOOK 36 AT PAGE 36 AND BEING WORE PARTICULARlY DESCRIBED AS FOU.OWS: C0WijfNQNG AT lHE NORlHEAST CORNER OF SAID SECllON 23: lHENCE S.0013'27"E. ALONG lHE EAST UNE OF SAID NORlHEAST ONE-OUARTER A DISTANCE OF 30.70 FEET TO A POINT ON lHE EXTENSION Of' THE SOOlH RIGHT-OF-WAY UNE OF M:ST 48lH A VENUE; lHENCE S.89'43'21"W. ALONG SAID SOOlH RIGHT-OF-WAY UNE A DISTANCE Of' 253.00 FEET TO lHE NORlHEAST CORNER Of' SAID TRACT AND lHE TRUE POINT Of' BEGINNING · lHENCE CONllNUING S. 89'43'21"W. ALONG SAID UNE A DISTANCE OF 132.00 FEET TO lHE NORTHM:ST CORNER Of' SAID TRACT: lHENCE S.0013'27"E. A DISTANCE OF 300.20 FEET TO THE SOOlHM:ST CORNER Of' SAID TRACT, OONG A POINT ON lHE SOOlH UNE OF SAID LOT 27: lHENCE N.89'43'09"E. ALONG lHE SOOlH UNE OF SAID LOT 27 A DISTANCE OF 132.00 FEET TO lHE SOOlHEAST CORNER OF SAID TRACT: lHENCE N.0013'2TW. A DISTANCE Of' 300.19 FEET TO lHE TRUE POINT Of BEGINNING CONTAINING AN AREA OF 39,626 SOOARE FEET OR 0 .910 ACRES WORE OR LESS. O'MIER'S CER'TFlCATE: lHE BELOW SIGNED 01\tjER(S), OR LEGALLY DESIGNATED AGENT(S) lHEREOF, DO HEREBY AGRfE lHAT THE PROPERTY LEGALLY DESCRIBED HEREON Will. BE OE\'El.OPED AS A PLANNED DE\nOPWENT IN ACCORDANCE WllH lHE USEs. RESTRICllONS AND CONDITIONS CONTAINED IN lHIS PLAN, AND AS WAY OlHERWISE BE REOUIRED BY LAW. I (\\£) FURTHER RECOGNIZE lHAT THE APPROVAL OF A REZONING TO PLANNED DE\nOPI.IENT, AND APPROVAL OF lHIS OUTUNE DEW.OPWENT PLAN, DOES NOT CREATE A VESTED PROPERTY RIGHT. VESTED PROPERTY RIGHTS ~jAY ONLY ARISE AND ACCRUE PURSUANT TO THE PRO'JISIONS OF SECllON 26-121 OF lHE WHEAT RIDGE CODE OF LAWS. QIHI!; 6904 W. 48lH AVENUE 6904 48lH LLC 418 RIDGE AVENUE LONGI.IONT, COLORADO 80501 ANNE iJARIE POUCH, ilANAGING I.IEI.IBER NOTA8Y CfBDf)CAif STATE OF COLORADO ) )SS COUNTY OF JEffERSON ) ~E ~~~~~ ~~~~~r:; =~A~~~~~ BEFORE I.IE THIS __ DAY OF -----, A..D . 20_ WITNESS I.IY HAND AND Ofl'lC1AL SEAL I.IY COWI.IISSION EXPIRES: ______ _ NOTARY P08Uc QIIIEII; 6910 W. 48TH AVENUE TAUARA UANTHEY 6910 W. 48lH AVENUE WHEAT RIDGE. COLORADO NOTARY CEBDFJCAJE STATE OF COLORADO ) )SS COUNTY OF JEffERSON ) ~E !~~?~t1~W.~6.:~. AO<NOWI..EDGED BEFORE I.IE lHIS __ DAY Of' -----, A.D . 20_ WITNESS I.IY HAND AND Ofl'lOAL SEAL WY COWI.IISSION EXPIRES:. ______ _ NOTARY POBUC QIIIEII; 6906 W. 48lH A VENUE bNiftR R. JACOBSON 91106 W. 48 A VENUE WHEAT RIDGE, COLORADO NOTARY CERDFJCA!E STATE Of' COLORADO ) )SS COUNTY Of' ..uFIRSON ) ~E ~~~;. I~A~.T :f;A~v!c:;.,~oYA.E.OG!ED BEFORE I.IE lHIS --DAY OF -----, A.D. 20_ WITNESS I.IY HAND AND Ofl'lOAL SEAL I.IY COWI.IISSION EXPIRIES: _____ _ NOTARY P\Jeuc QIHI!; 6908 W. 48TH AVENUE ROBERT P. KEENAN II 7828 VANCE DRIVE, f100 ARVADA. COLORADO 80003 NOTA.RY CERDflCATE STATE Of' COLORADO ) )SS COUNTY OF ..uFIRSON ) THE FOREGOING INSTR\JijfNT WAS AO<NOWI..EDG!ED BEFORE I.IE lHIS --DAY OF -----, A..D. 20- BY ROBERT P. KEENAN II, AS 01\tjER. \IllNESS I.IY HAND AND Ofl'lOAL SEAL I.IY COWI.IISSION EXPIRES: _____ _ SOMERSETHOMESTOWNHOMES PLANNED RESIDENTIAL DEVELOPMENT OUTLINE DEVELOPMENT PLAN ~ ;; ~ "' 0 -< ill' A PART OF THE NORTHEAST 1/4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 611 WEST, 6TH P.M. CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO SHEET 1 OF 2 v ~ W46 THPL ~ ... ... "' "' ~ 0: l if ~ :> ~ 6914 W. 48lH AVENUE AlLiE£ U. SORENSEW 4109 COACH HOUSE LOOP CASTLE ROO<, COLORADO 80109 NOTARy CERDFJCAJE STATE Of' COLORADO ) )SS COUNTY OF .uFERSON ) W 48lH AVE ~- 47TH fL ... "' >-0: :> ~ :> ~ \IICINIJY MAP SCALE: 1" -!100' I.IARTENSEN I ES ... "' >-~ ~E J~~N~~~r:J ~:r:.O<NO'MLOGED BEFORE I.IE lHIS __ DAY OF -----, A.D. 20_ WITNESS I.IY HAND AND Ofl'lOAL SEAL I.IY COI.II.IISSION EXPIRES: NOTARY POSOc lliiiEB: 6912 W. 48lH A VENUE 6916 W. 48lH A VENUE 6938 W. 48lH AVENUE WHEAT RIDGE 2020, LLC 7391 W. 38lH AVENUE WHEAT RIDGE , COLORADO 80033 NON PROFIT CORPORATION BRITI A E. FISHER. EXECUTIVE DIRECTOR NOTAR Y CfRDf)CATf STATE Of' COLORADO ) )SS COUNTY OF JEffERSON ) :.~ ~EGOIBNYG ~~~~~ENFi~ ~r~~ 01':¥~~ 'ti :t.-T-RI_DGE_ D":ofo. "LL"'C"".---- WITNESS I.IY HAND AND Ofl'lOAL SEAL WY COWI.IISSION EXPIRES: ______ _ NOTARY POBUC lliiiEB: 6938 W. 48lH A VENUE 801 PROPERTIES, LLC . 1001A E. HARI.IONY ROAD I 180 FORT COLUNS, COLORADO ~25 .II.IWY RAY BOWWAN, EXECUTIVE OIRECTOR NOTARY CfRDEJCAJf STATE Of' COLORADO ) )SS COUNTY Of' JEffERSON ) ~E~~c;?~G:=r:; ~~~~~ ?ff:fp~~~Es.--LL-C.~AY Of'------· A.D . 20_ WITNESS I.IY HAND AND Ofl'lOAL SEAL I.IY COWMISSION EXPIRES:------- W 48lH l AVE -,_ ~ ~~ ~ I CASE HISTORY W$-14-01 W2-14-05 ... ... ... ~ ~ "' ~ ... 0 El ~ "' :z: j EXHIBIT 4: ODP QIIIEII; 6918 W. 48TH AVENUE 6920 W. 48TH A VENUE 6922 W. 48lH A VENUE 6924 W. 48TH AVENUE 6926 W. 48lH A VENUE CHARLES S. OGHSNER 5n2 ~jQNTYRIE COURT GOUlEN , COLORADO 80403 NOTARY CERDflCAIE STATE OF COLORADO ) )SS COUNTY Of' JEffERSON ) 6928 W. 48lH A VENUE 6930 W. 48lH A VENUE 5932 W. 48lH A VENUE 6934 W. 48lH A VENUE 6940 W. 48lH A VENUE lHE FOREGOING INSTRIUI.IENT WAS AO<NOWI..EDG!ED BEFORE I.IE lHIS __ DAY OF BY CHARLES S. OGHSNER, AS 01\tjER . WITNESS loiY HAND AND Ofl'lC1AL SEAL I.IY COIAI.IISSION EXPIRES: ------ NOTARY PUBUC QIIIEII; 6940 W. 48TH A VENUE JOHN ZOOK 6940 W. 48TH AVENUE WHEAT RIDGE. COLORADO NOTARY g:BDflCAJE STATE Of' COLORADO ) )SS COUNTY Of' .uFERS0N ) -----, A.D. 20- lHE FOREGOING INSTRIUj,j[NT WAS AO<NDWI..EDGEO BEFORE I.IE lHIS --DAY Of' -----, A.D. 20- BY JOHN ZOOK, AS OWNER . WITNESS ljy HAND AND Ofl'lOAL SEAL I.IY COIAI.IISSION EXPIRES: ______ _ NOTARY P08Uc SlJB\IEYQ!'S CDJflC.AJE; I, STEVEN D. USTER , DO HEREB Y CERTIFY lHAT lHE SURVEY Of' THE BOUNDARY OF SOWERSET HOWES TO-.ow£5 WAS I.IAOE BY I.IE OR UNDER I.IY DIRECT SUPER'JISION AND TO lHE BEST Of' I.IY KNOWlEDGE, INFORUAllON AND BEUEF, IN ACCORDANCE WITH ALL APPU~ COLORADO STATUTEs, CURRENT RIE'JISIED EDillON AS AI.IENOED , lHE ACCOWPANYING PLAH ACCURATELY REPRESENTS SAID SURVEY. REGISTERED COLORADO LAND SURVEYOR REGISTRAllON NO. 15837 Pl.Nt4ftC CXWtSSION CDJYlCADQt RECOWI.IENOED FOR APPROVAL THIS __ DA Y OF------· 201_ BY lHE WHEAT RIDGE PLAHNING COI.IWISSION. CHAIRPERSON en CDJJFJCADON· ~~~ lHIS __ DAY Of' ______ 201_ BY THE MiEAT RIDGE CITY ATTEST CITY CLERK COI.IIjUNITY DE\nOPI.IENT DIRECTOR DIRECTOR Of' PUBUC WORKS CDitfl'Y QfBK t.NQ BECMQfRS CJBDEtCATE· STATE Of' COLORADO l SS COUNTY Of' .uFERSON ) I.IAYOR I HEREBY CERllFY THAT lHIS PLAT WAS F1l..£l) IN THE Ofl'lCE OF THE COUNTY CLERJ< AND RECORDER OF JEffERSON COUNTY AT GOLDEN, COLORADO, Al: __ O'CLOO< -· W. ON lHE __ DAY Of' , _ A..D ., IN BOOK ___ , PAGE ___ , RECEPTION NO. ____ _ JEffERSON COUNTY CLERJ< AND RECORDER .... ~~~ ... ~ r City of • :rwheatRi_dge ITEM NO:~ DATE: December 8, 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 59-2014 - A RESOLUTION APPROVING A SPECIFIC DEVELOPMENT PLAN FOR A PLANNED RESIDENTIAL DEVELOPMENT (PRD) LOCATED AT 6904- 6940 W. 48TH A VENUE (CASE NO. WZ-14-05 I SOMERSET) C8J PUBLIC HEARING D BIDS/MOTIONS C8J RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2 ° READING C8J YES D NO IJ.~ A rezoning to Planned Residential Development (PRD) has been approved for the property at 6904-6940 W. 48 111 A venue pursuant to Council Bill 15-2014. Approval of a Specific Development Plan is the second step in the City's approval process for a PRD. The Specific Development Plan provides a site plan for the subject property. PRIOR ACTION: Planning Commission heard the request at a public hearing on October 16, 2014 and recommended approval. The staff report and meeting minutes from the Planning Commission meeting are provided with the Council Action Form for Council Bill 15-2014. FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City, although the conversion is expected to positively affect property values on the site. Fees in the amount of $1 ,105 were collected for the review and processing of the Specific Development Plan. BACKGROUND: Council Bill 15-2014 approved a rezoning to Planned Residential Development (PRD) and the associated Outline Development Plan (ODP). The ODP included general development Council Action Form -Somerset SDP December 8 , 2014 Page 2 parameters, whereas the Specific Development (SDP) shows final site plan details. Because the planned development is being established to allow the existing structures, the site plan simply shows the existing conditions including the building footprints, landscape areas, sidewalks, parking spaces, and existing setbacks. If modifications to the site are proposed in the future an amended SDP would be required. RECOMMENDED MOTION: "I move to approve Resolution No. 59-2014, a resolution approving a Specific Development Plan for property located at 6904-6940 W. 48th Avenue and known as the Somerset Homes Townhomes PRD and that it take effect upon recordation, for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-1 09 of the Code of Laws. 2. The request has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The request has been found to comply with the "criteria for review" in Section 26-305.D of the Code of Laws. 4. All requirements of a Specific Development Plan have been met. With the following conditions : 1. Typo corrections shall be made prior to recordation." Or, "I move to deny Resolution No. 59-2014, a resolution approving a Specific Development Plan for property located at 6904-6940 W. 48 1h Avenue and known as the Somerset Homes Townhomes PRD for the following reasons: I. ... and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at the next available regular business meeting." Or, "I move to refer back to the Planning Commission for further study, the specific development plan for property located at 6904-6940 W. 48th Avenue and known as the Somerset Homes Townhomes PRD for the following reasons: 1. . .. " Council Action Fonn -Somerset SDP December 8 , 2014 Page 3 REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Senior Planner Kenneth Jolmstone, Commm1ity Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 59-2014 TITLE: CITY OF WHEAT RIDGE, COLORADO Resolution No. 59 Series of 2014 A RESOLUTION APPROVING A SPECIFIC DEVELOPMENT PLAN FOR A PLANNED RESIDENTIAL DEVELOPMENT (PRO) LOCATED AT 6904-6940 W. 48TH AVENUE (CASE NO. WS-14-01 I SOMERSET) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and, WHEREAS, the Somerset Homes Condominiums Homeowners Association has submitted a land use application for approval of a Specific Development Plan for the Somerset Homes Townhomes Planned Residential Development located at 6904-6940 W . 48th Avenue; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on October 16, 2014 and voted to recommend approval of the Specific Development Plan; and, WHEREAS, all required publishing, posting and notification requirements for a December 8, 2014 City Council public hearing have been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: THE SPECIFIC DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 6904-6940 W. 48TH AVENUE KNOWN AS SOMERSET HOMES TOWNHOMES PLANNED RESIDENTIAL DEVELOPMENT IS HEREBY APPROVED, FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The request has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The request has been found to comply with the "criteria for review" in Section 26- 305.D of the Code of Laws . 4. All requirements of a Specific Development Plan have been met. And with the following conditions: 1. Typo corrections shall be made prior to recordation. DONE AND RESOLVED by the City Council this 8th day of December 2014. Attachment 1 Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk ... ~A~ .... ~ r-City of • ~Wheat:Ri..__dge ITEMN0:2 DATE: December 8, 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 60-2014 - A RESOLUTION APPROVING A 19-LOT SUBDIVISION PLAT WITH RIGHT-OF-WAY DEDICATION FOR PROPERTY ZONED PLANNED RESIDENTIAL DEVELOPMENT (PRD) AND LOCATED AT 6904-6940 W. 48TH A VENUE (CASE NO. WS-14-01 I SOMERSET) [8:1 PUBLIC HEARING D BIDS /MOTIONS [8:1 RESOLUTIONS ISSUE: D ORDINANCES FOR 1 STREADING 0 ORDINANCES FOR 2 N° READING [8:1 YES D NO Ci~~dci111 The applicant is requesting approval of a 19-lot subdivision plat for property located at 6904 to 6940 W. 48th A venue . This is the third and final land use application to allow the conversion of existing condominiums to townhomes on the subject property. PRIOR ACTION: Planning Commission heard the request at a public hearing on October 16 , 2014 and recommended approval. The staff report and meeting minutes from the Planning Commission meeting are provided with the Council Action Form for Council Bill15-2014. FINANCIAL IMPACT: Fees in the amount of$1 ,332 were collected for the review and processing of Case No . WS-14-01. BACKGROUND: Council Bill 15-2014 approved a rezoning to Planned Residential Development (PRO) and Resolution 59-2015 approved a Specific Development Plan. In order to convert the existing Council Action Form -Somerset Plat December 8, 2014 Page2 condominiums to townhomes, a subdivision plat is the final required step to establish individual townhome lots for purchase. Proposed Plat Because no development is being proposed , the lot layout is based on the locations of existing structures and improvements. Nineteen (19) lots are established for each existing dwelling unit and the respective front and back yards. Lot 1 is the largest lot on the property and accommodates the detached single family home on the north portion of the site. A series of five tracts are established on the plat to accommodate existing shared improvements. These include the main driveway, surface parking area, trash storage area, sidewalks , carports , landscaped areas, utility easements, and drainage facilities. All tracts will be owned and maintained by the homeowners association. Five-foot utility easements are provided along the perimeter of the subdivision. Drainage easements are provided as needed and based on the location of existing improvements. A narrow sliver of right-of-way is being dedicated by plat at the southwest comer of the property. All affected service agencies were contacted for comment on the subdivision plat , and have expressed an ability to serve the property. Each unit is already served and separately metered ; no concerns were expressed by utility providers. One minor modification to the plat is necessary before recording, and is suggested as a condition of approval. In addition to owner signatures , sheet 2 includes signature blocks for lenders. The applicant has requested that lender signatures be obtained by separate document to reduce circulation of the final mylar. These signature blocks will be removed prior to recordation. RECOMMENDED MOTION: "I move to approve Resolution No. 60-2014 , a resolution approving a 19-lot subdivision plat with right-of-way dedications for property zoned Planned Residential Development and located at 6904-6940 W. 48 1h Avenue, for the following reasons: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission , which has forwarded its recommendation. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer's expense." and with the following conditions: Council Action Form -Somerset Plat December 8 , 2014 Page 3 Or, 1. If lender signatures are obtained by separate documents, they shall be removed from the plat prior to recordation." "I move to deny Resolution No. 60-2014 , a resolution approving a 19-lot subdivision plat with right-of-way dedications for property zoned Planned Residential Development and located at 6904-6940 W. 48th Avenue, for the following reasons: I. ... and direct the City Attorney to prepare a Resolution of Denial , to be scheduled for Council consideration at the next available regular business meeting." REPORT PREPARED/REVIEWED BY: Lauren Mikulak , Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No . 60-2014 CITY OF WHEAT RIDGE, COLORADO Resolution No. 60 Series of 2014 TITLE: A RESOLUTION APPROVING A 19-LOT SUBDIVISION PLAT WITH RIGHT-OF-WAY DEDICATIONS FOR PROPERTY ZONED PLANNED RESIDENTIAL DEVELOPMENT (PRO) AND LOCATED AT 6904-6940 W. 48TH AVENUE (CASE NO. WS-14-01/ SOMERSET) WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws establishes the procedures for the City's review and approval of Subdivision Plats; and, WHEREAS, an application for a subdivision plat was received from the Somerset Homes Condominiums Homeowners Association to subdivide property located at 6904- 6940 W. 48th Avenue in a Planned Residential Development district; and, WHEREAS, all referral agencies have reviewed the request and do not have concerns; and, WHEREAS, all required publishing, posting and notification requirements for a December 8, 2014 City Council public hearing have been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: THE SUBDIVISION PLAT KNOWN AS SOMERSET HOMES TOWNHOMES FINAL PLAT IS HEREBY APPROVED, FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer's expense. And with the following conditions: 1. If lender signatures are obtained by separate documents, they shall be removed from the plat prior to recordation. DONE AND RESOLVED by the City Council this 8th day of December 2014. Attachment 1 Joyce Jay, Mayor ATIEST: Janelle Shaver, City Clerk ~~A~ .... r . City of :_rpr WheatRi._dge ITEM NO:~ DATE: December 8, 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 61-2014-A RESOLUTION APPROVING A 20-LOT SUBDIVISION PLAT WITH RIGHT-OF-WAY DEDICATIONS FOR PROPERTY ZONED PLANNED RESIDENTIAL DEVELOPMENT (PRD) AT 7671 W. 32N° AVENUE AND 3299 WADSWORTH BLVD (CASE NO. WS-14- 04/YUKON GROVE) [gl PUBLIC HEARING D BIDS/MOTIONS [gl RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1 STREADING 0 ORDINANCES FOR 2ND READING [gl YES The applicant is requesting approval of a 20-lot subdivision plat for property zoned Planned Residential Development (PRD) at 7671 W. 32nd Avenue and 3299 Wadsworth Blvd . The proposed platting area includes two parcels totaling approximately 3.48 acres. The intent of the subdivision is to prepare the site for development of a new single family residential neighborhood. The property was rezoned from Residential-Two (R-2) to Planned Residential Development (PRD) with an accompanying Outline Development Plan (ODP) on September 8, 2014. The approved ODP document allows for a small lot, single family development. PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on November 20 , 2014. They also approved an accompanying Specific Development Plan (SDP). Per code, Planning Commission is the final authority for planned development Specific Development Plans. Case Nos . W S-14 -0 4/Yuko n Grove Council Action Form -Yukon Grove December 8, 2014 Page2 The SDP documents are included in the PC Staff Report (Attachment 3) as Exhibit 3 On November 20,2014, Planning Commission reviewed the plat document and recommended approval for the following reasons: 1. The plat is consistent with the approved ODP document. 2. All requirements of the Subdivision Regulations have been met. With the following conditions: 1. The drainage agreement with the property owner to the north be executed and recorded prior to plat recording. 2. Sheet numbers and lot widths be added to Sheet 2 of the plat document prior to City Council public hearing. 3. The fees in lieu of parkland dedication be paid prior to plat recording. 4. A standard Subdivision Improvements Agreement with financial security be executed prior to plat recording. 5. Inclusion of the gap property into the plat be allowed without additional review by Planning Commission. The staff report and draft meeting minutes from the November 20 ,2014 Planning Commission public hearing have been attached. FINANCIAL IMPACT: Fees in the amount of$5430 were collected for the review and processing of Case No WS-14-04 and the associated SDP document. BACKGROUND: Subject Property The proposed subdivision is comprised of two parcels with a combined acreage of 3.48 acres. The propert)' at 7671 W . 32 11d Avenue is long and narrow with about 110 feet of street frontage along W. 32 11 Avenue. The property at 3299 Wadsworth is essentially a flag lot. The main portion of the property is rectangular with the exception of the northern property line which is angled and parallel to the Rocky Mountain Ditch . The southeast comer of the property includes a "pole" portion which extends east to Wadsworth and provides 60 feet of street frontage . Surrounding zoning and land use Surrounding properties include a variety ofland uses. To the west are parcels zoned R-2 including single and two-family homes. To the southeast at 32 11 d and Wadsworth are two multifamily apartment complexes zoned Residential-Three (R-3). Immediately to the north , the property is bordered by the Rocky Mountain Ditch ; across which there are additional properties zoned R-2 and R-3. Finally, to the south across W. 32nd A venue is Crown Hill Cemetery which is outside of the City of Wheat Ridge boundary and is part of unincorporated Jefferson County. Council Action Form -Yukon Grove December 8, 2014 Page 3 Plat design The accompanying plat document has three sheets. Sheet 1 serves as the declaration page. Sheet 2 depicts the layout ofthe subdivision. On sheet 2, the smallest lots are Lots 1-4 on the southern portion of the site each with 3,519 square feet of lot area. The largest is Lot 14 at the end ofthe cul-de-sac bulb with 6,193 square feet of area. The lots on the southern portion of the site are slightly wider than those on the northern portion. This is consistent with what is being shown on the SDP document. Lot width dimensions need to be added to Sheet 2. The development gains access from a single cul-de-sac extending north from 32"d Avenue. The southern portion of the street will have 48 feet of right-of-way with a detached five-foot sidewalk and a tree lawn on the western side with no parking allowed. The eastern side of the street will have curb and gutter with a five-foot landscaped buffer without a sidewalk but parking will be allowed. After the ''bend" in the street, the right-of-way width increases to 59 feet. Both sides of the street will have curb and gutter with a five-foot-wide tree lawn and a five-foot-long detached sidewalk. Parking will be allowed on both sides of the street on this wider stretch. The street designs are consistent with the Streetscape Design Manual. Public Works has reviewed and approved a final drainage study for the property. The drainage system has been designed to split stonnwater runoff flows between the north and south portions of the site. The stonnwater on the south part will be directed to a detention pond adjacent to 32"d A venue {Tract C on Sheet 2). Another pond will capture flows on the north side in a pond labeled Tract B. The outlet from this pond will release to a pipe system bored under the Rocky Mountain Ditch, cross the property to the north, and then release into the existing storm sewer within Wadsworth Blvd. An agreement has been made with the affected property owner to the north to allow this to happen. An executed agreement will be required prior to plat recordation. Another smaller water quality pond will be located on Tract A which is the "leg" that extends east over to Wadsworth. The remainder of Tract A will be utilized for a community garden amenity for the development. The southern 30' of the Tract A will be paved to accommodate the looped water system required by Consolidated Mutual. It is not required for emergency fire access but will provide pedestrian access over to Wadsworth. At the September 81h City Council public hearing on the zone change, concern was expressed regarding the requirement for easement paving even though there would be no vehicular access, and whether there were alternatives to the hard surfacing. Planning staff has been in contact with Consolidated Mutual to discuss easement requirements with regard to paving of the easement area. One additional meeting has been scheduled for December 3rd with the water district to determine the necessity of the paving requirement. This case has been through a standard referral process and all agencies can provide service subject to improvements installed at the developer's expense. Council Action Form -Yukon Grove December 8 , 2014 Page4 Incorporation of five-foot-wide strip of unclaimed land A small strip of unclaimed land of approximately five feet in width lies on the west side of the northerly portion of the proposed Yukon Grove Subdivision. This five-foot strip ofland needs to be included within the boundary of the proposed development. (Exhibit 5 of Planning Commission report) The legal description of Yukon Grove and the legal description of the Ridgeview Estates Subdivision lying to the west (platted in 1963) do not coincide along a portion of their adjoining boundary lines , but instead create a gap of approximately 5 feet in width between them. The five- foot gap is considered "unclaimed" and needs to be incorporated into the new development, so that it does not create safety or nuisance issues for both developments. Gaps such as this that are left between what should be abutting developments often attract wildlife, vagrants, and are a maintenance problem for the adjacent property owners. The City has been working with the current owner, Jefferson County, and the four adjacent property owners within the Ridgeview Estates Subdivision, to cede any rights or claims to ownership ofthis five-foot strip ofunclaimed land. A boundary agreement, being prepared jointly by Jefferson County and City of Wheat Ridge attorneys , will create a parcel ofland for the unclaimed gap. The boundary agreement will allow the gap parcel to be incorporated into the Yukon Grove Subdivision , and will also serve to clear the title for the gap parcel. Recordation of the boundary agreement will allow for the inclusion of this unclaimed land into the subject property. Staff is recommending a condition to allow inclusion of the gap property without additional review by City Council. RECOMMENDED MOTION: "I move to approve Resolution No. 61-2014, a resolution approving a 20-lot subdivision plat with right-of-way dedications for property zoned Pla1med Residential Development (PRD) at 7671 W. 32 11d Avenue and 3299 Wadsworth Blvd. (Case No. WS-14-04Nukon Grove), for the following reasons: 1. City Council has conducted a proper public hearing, which met all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, and their recommendation was forwarded for approval. 3. The subdivision plat is in compliance with the PRO standards and Article IV of Chapter 26 of the Code of Laws. With the following conditions: 1. The drainage agreement with the property owner to the north be executed and recorded prior to plat recording. 2. Sheet numbers and lot widths be added to Sheet 2 of the plat document prior to plat recording. Council Action Form-Yukon Grove December 8, 2014 Page 5 Or, 3. The fees in lieu of parkland dedication in the amount of$49,945.80 be paid prior to plat recording. 4. A standard Subdivision Improvement Agreement with security be executed prior to plat recording. 5. Inclusion of the gap property into the plat be allowed without additional review by City Council." "I move to deny Resolution No. 61-2014, a resolution approving a 20-lot subdivision plat with right-of-way dedications for property zoned Planned Residential Development (PRD) at 7671 W . 32"d Avenue and 3299 Wadsworth Blvd. (Case No . WS-14-04Nukon Grove), for the following reason(s): 1. 2. 3. and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at the next available regular business meeting." REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 61-2014 2. Planning Commission staff report from November 20, 2014 3 . Draft Planning Commission minutes from November 20, 2014 (includes SDP pages under Exhibit 3) TITLE: CITY OF WHEAT RIDGE, COLORADO Resolution No. 61 Series 2014 A RESOLUTION APPROVING A 20-LOT SUBDIVISION PLAT WITH RIGHT-OF-WAY DEDICATIONS FOR PROPERTY ZONED PLANNED RESIDENTIAL DEVELOPMENT (PRO) AT 7671 W. 32N° AVENUE AND 3299 WADSWORTH BLVD (CASE NO. WS- 14-04/YUKON GROVE) WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws establishes the procedures for the City's review and approval of Subdivision Plats; and, WHEREAS, an application for a subdivision plat was received to subdivide property located at 7671 W. 32"d Avenue and 3299 Wadsworth Blvd. in a Planned Residential Development (PRO) zone district; and, WHEREAS, all referral agencies have reviewed the request and do not have concerns; and, WHEREAS, all required publishing, posting and notification requirements for a December 8, 2014 City Council public hearing have been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A RESOLUTION APPROVING A 20-LOT SUBDIVISION PLAT WITH RIGHT-OF-WAY DEDICATIONS FOR PROPERTY ZONED PLANNED RESIDENTIAL DEVELOPMENT (PRO) AT 7671 W. 32N° AVENUE AND 3299 WADSWORTH BLVD (CASE NO. WS- 14-04/YUKON GROVE) FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. Attachment 1 1 WITH THE FOLLOWING CONDITIONS: 1. The drainage agreement with the property owner to the north be executed and recorded prior to plat recording. 2. Sheet numbers and lot widths be added to Sheet 2 of the plat document prior to recording. 3. The fees in lieu of parkland dedication in the amount of $49,945.80 be paid prior to plat recording. 4. A standard SIA with security be executed prior to plat recording. 5. Inclusion of the gap property into the plat be allowed without additional review by City Council. DONE AND RESOLVED by the City Council this 81h day of December, 2014. By: ________________________ _ Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk 2 City of WheatRi_dge CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED: LOCATION OF REQUEST: PROPERTY OWNER: APPROXIMATE AREA: PRESENT ZONING: COMPREHENSIVE PLAN: ENTER INTO RECORD : COMPREHENSIVE PLAN ZONING ORDINANCE LOCATION MAP CASE MANAGER: M. Reckert November 20 ,2014 WZ-14-08 & WS-14-04Nukon Grove Approval of a Planned Residential Development (PRD) Specific Development Plan and plat 7671 W. 32nd Avenue and 3299 Wadsworth Blvd Jefferson County 3.48 acres Planned Residential Development (PRD) Neighborhood Buffer area CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION ATTACHMENT 2 All notification and posting requirements have been met ; therefore, there is jurisdiction to hear this case. I. REQUEST This application is for approval of a Planned Residential Development (PRD) Specific Development Plan and plat for property located at 7671 W . 32nd Avenue and 3299 Wadsworth Boulevard. The City 's planned development approval is a two-step process. The first step is the zone change to PRD and approval of an Outline Development (ODP). The ODP document sets allowed uses and development standards for the property. The ODP also contains a general concept plan which labels areas of landscaping, parking, building footprints and access points. Case No. WZ-14-06 rezoned the subject property from Residential-Two (R-2) to Planned Residential Development (PRO). Planning Commission reviewed the request on June 19 , 2014 and August 21 ,2014 and gave a recommendation of approval to City Council who a roved the zone change and Outline Development Plan on September 8, 2014. Exhibit/, ODP documen The Specific Development Plan (SOP) and plat is the second step of the process which focuses on the details of the development such as final drainage , street improvements , architecture and final lot layout. The SDP document requires a single public hearing in front of Planning Commission . The City Council will review the plat since there are right-of-wa y dedication s and over 5 lots associated with the development, but Council will not be considering the SOP . A neighborhood meeting is not required for either a Specific Development Plan or plat. II. EXISTING CONDITIONS/PROPERTY HISTORY The site is located at 7671 W. 32nd Avenue and 3299 Wadsworth Boulevard. Exhibit 2, Aerial hoto Surrounding properties include a variety ofland uses . To the wes t are parcel s zoned R-2 including single and two-family homes. To the southeast at 32n d and Wadsworth are two multifamily apartment complexes zoned Residential-Three (R-3). Immediately to the north , the property is bordered by the Rocky Mountain Ditch ; across which there are additional properties zoned R-2 and R-3 . Finally, to the south across W. 32nd Avenue is Crown Hill Cemetery which is outside of the City of Wheat Ridge boundary and is part of unincorporated Jefferson County. The subject parcels both have unusual shapes and each currently have vacant houses on them. The total size of the two sites combined is 3.48 acres. The property at 7671 W. 32nd Avenue is long and narrow with about 110 feet of street frontage along W . 32nd Avenue. The property at 3299 Wadsworth is essentially a flag lot. The main portion of the property is rectangular with the exception of the northern property line which is angled and parallel to the Rocky Mountain Ditch. The southeast comer of the property includes a "pole" portion which extends east to Wadsworth and provides 60 feet of street frontage. Plann ing Commission Ca se Nos. WZ -14 -08 & WS -14-04 /Yuk on Gro ve 2 III. SPECIFIC DEVELOPMENT PLAN Attached is a copy of the Specific Outline Development Plan (SDP) which contains five sheets. The ODP set allowed uses and development standards for the property. The ODP also contained a general concept plan which designates a street layout, proposed lots , building footprints and general architectural themes. The SDP document needs to be consistent with the ODP document and needs to include a site plan with more details related to the proposed development. (Exhibit 3, SDP document) Sheet 1 is the declaration page of the document which includes legal descriptions , signature blocks , site data table, etc. It also refers to the development standards for setbacks , building coverage and height allowances set by the ODP. Sheet 2 of the document shows the layout of the development. The proposed layout on this sheet is very similar to what was depicted on the second sheet of the ODP plan. The properties on the southern portion of the site are smaller but wider than those on the northern portion. Building envelopes are included which represent the minimum setbacks allowed in the development. Each of the homes will have an attached two car garage accessed via a shared drive reducing the amount of impervious surface in the development. On-street parking will be allowed on the eastern side of the southern portion of the street. Parking on both sides of the street will be allowed on the north . Section 26-501 of the City's zoning and development code requires that two spaces per dwelling unit be provided when there is street parking available. Staff concludes that the parking is consistent with the city code. The proposed public street will extend north from W. 32nd Avenue with a cul-de-sac bulb at the north end of the site. The street will be dedicated as public right-of-way via the plat document. Pursuant to the direction given by the Planning Commission, a cross walk is provided north of the street curve. Sheet 3 of the plan set shows a rendering of the proposed construction from a "plan view" perspecti v e . It includes a tentative layout on the individual parcels with driveways and garages and includes a typical landscape plan showing shrubs and a tree in the front yard. Street trees are represented in the tree lawn separating the sidewalk from the street. Perimeter fencing is shown as a 6 ' high privacy fence along the western and eastern boundaries . Split rail fencing runs along the north and south sides . Community garden plots are shown on the "appendage" extending out to Wadsworth. Sheet 4 shows proposed floor plans and elevations which are designed around a "cottage theme". The prototypes correspond with model layouts on sheet 3 . It should be noted that the floor area calculations on sheet 3 do not include garage square footages ; these will be updated to include garages prior to SDP recording. The designs are consistent with lot coverage standards which allow up to 50% coverage for one-story homes and up to 40% coverage for two-story homes . 3 Plann ing Commission Case Nos. WZ-14-08 & WS -14-04/Yukon Grove Sheet 5 shows elevations of the model homes. Lots I - 5 will be developed with cottage and farmhouse models B. The rest of the lots will accommodate models A, C and D. Architectural materials include stucco and lap siding. All of the models have consistent design features with front porches, window awnings, brackets and sills. The following is a comparison of standards establishes on the ODP and those provided on the SOP and plat, when applicable. Development Approved on ODP Provided on SDP Provided on plat standard Building height 35' 35' Building coverage 40%-50% 40%-50% Min. lot area 3500 sf 35I9 sf -6193 sf Min. lot width 45' 45'-99.72' Lot width dimensions will be added to plat Setbacks Front: IO' I 0' Side: 5' 5' Rear: I5' I5' Max. Driveway width I2' 12' Min . building 16' 16' from interiors on separation driveway sides Parking Per section 26-50 I Complies Uses allowed Single family Single family residential , home residential occupation, household pets IV. SPECIFIC DEVELOPMENT PLAN CRITERIA Criteria for the review of SDP documents is provided in Section 26-305.D . Staff has provided an analysis of these criteria below. Planning Commission shall base its decision in consideration of the extent to which the criteria have been met. 1. The proposed specific development plan is consistent with the purposes of a planned development specified in this article. The purpose of a planned development is to permit well-designed , innovative developments which may not be feasible under a standard zone district and to promote flexible and efficient use ofland. Staff has made the following conclusions regarding this criterion: • The proposed planned development is more urban in nature than the typical residential development patterns in the City. While it is still a single family project, Planning Commission Ca se No s . WZ-14-08 & WS-14-04/Yukon Grove 4 the proposed lot sizes and widths could not be accommodated by the City's straight zoning categories. • Traffic and development along the Wadsworth Corridor continue to intensify. The proposed small lot single family development will meet several goals of the city including providing additional housing options, providing entry level housing stock and providing a land use transition between Wadsworth and the lower density residential neighborhood to the west. • The property has been designed to have less impervious area than typical residential lots as the adjacent units will be sharing driveways. Each of the homes has two off- street parking spaces and street parking is allowed on the northern portion of the street. • The proposed homes will be single and two family models and will have common elements such as front porches and the use of architectural elements such as corbels, gables. Brick or stone will be incorporated where appropriate. • Staff has concluded that the Planned Residential zoning and proposed Specific Development Plan are consistent with the goals and policies of the City's guiding documents including the Wadsworth Subarea Plan, the Neighborhood Revitalization Plan and Envision Wheat Ridge. Staff concludes this criterion has been met. 2. The proposed specific development plan is consistent with the design intent or purpose of the approved outline development plan; and The SOP is consistent with the intent and purpose of the approved Outline Development Plan for a small lot, single family development with an urban feel but with a full-width public street. Staff concludes this criterion has been met. 3. The proposed uses indicated in the specific development plan are consistent with the uses approved by the outline development plan; and Uses listed as permitted on the SDP document are single family homes, in-home businesses and the keeping of household pets. The uses are consistent with the underlying ODP. Staff concludes this criterion has been met. 4. The site is appropriately designed and is consistent with the development guidelines established in the outline development plan; and Planning Commission Case Nos . WZ-14-08 & WS-14-04/Yukon Grove 5 All of the proposed construction will have to be consistent with the development guidelines included on the ODP document. Those would include setbacks, lot coverage, building height and architectural themes. Staff concludes this criterion has been met. 5. Adequate infrastructure/facilities are available to serve the subject property, or the applicant will upgrade and provide such where they do not exist or are under capacity; and All utility agencies have indicated that they can serve the property with improvements installed at the developer's expense. Staff concludes this criterion has been met. 6. The proposed specific development plan is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual, Streetscape Design Manual, and other applicable design standards. Single family residential development is not required to follow the ASDM. Since this is a planned development, the development standards and character of the development were established at ODP. The proposed street design is consistent with the requirements of the Streetscape Design Manual with separated sidewalks and tree lawns . Staff concludes this criterion has been met. V. SUBDIVISION PLAT The accompanying plat document has three sheets. Exhibit 4, Plat document Sheet 1 serves as the declaration page. Sheet 2 depicts the layout of the subdivision. On sheet 2, the smallest lots are Lots 1-4 on the southern portion of the site each with 3519 square feet oflot area . The largest is Lot 14 at the end of the cul-de-sac bulb with 6193 square feet of area. The lots on the southern portion of the site are slightly wider than those on the northern portion. This is consistent with what is being shown on the SDP document. Lot width dimensions need to be added to Sheet 2. Street System and Drainage The development gains access from a single cul-de-sac extending north from 32"d A venue. The southern portion of the street will have 48' of right-of-way with a detached 5' sidewalk and a tree lawn on the western side with no parking allowed . The eastern side of the street will have curb and gutter with a 5' landscaped buffer without a sidewalk but parking will be allowed. After the "bend" in the street, the right-of-way width increases to 59'. Both sides of the street will have curb and gutter with a 5' wide tree lawn and a 5' detached sidewalk. Parking will be Planning Commission Cas e No s. WZ -14 -08 & WS -14-04/Yukon Gro ve 6 allowed on both sides of the street on this wider stretch. The Wheat Ridge Fire Protection District has reviewed these street sections and has indicated that they have adequate room for maneuvering through the development. As such the additional access point from the "leg" that extends east to Wadsworth is not required for emergency access. The street designs are consistent with the Streetscape Design Manual. Public Works has reviewed and approved a final drainage study for the property. The lot is relatively flat. As such, the drainage system has been designed to split runoff flows between the north and south portions of the site. The storm water on the south part will be directed to a detention pond adjacent to 32"d A venue (Tract C on Sheet 2). Another pond will capture flows on the north side in a pond labeled Tract B. The outlet from this pond will release to a pipe system bored under the Rocky Mount Ditch, cross the property to the north , and then release into the existing storm sewer within Wadsworth Blvd. An agreement has been made with the affected property owner to the north to allow this to happen. An executed agreement will be required prior to plat recordation. Another smaller water quality pond will be located on Tract A which is the "leg" that extends east over to Wadsworth. The remainder ofTract A will be utilized for an amenity such as a community garden for the development. The southern 30 ' of the Tract A will be paved to accommodate the looped water system required by Consolidated Mutual. It is not required for emergency fire access but will provide pedestrian access over to Wadsworth. All three tracts will be maintained by the Homeowners' Association. Sheet numbers and lot widths need to be added to the document prior to City Council public hearing. VI. INCORPORATION OF 5' WIDE STRIP OF UNCLAIMED LAND A small strip of unclaimed land of approximately 5' in width lies on the west side of the northerly portion of the proposed Yukon Grove Subdivision. This 5' striQ ofland needs to be included within the boundary of the proposed development. (Exhibit 5, Ga drawing)_ The legal description of Yukon Grove and the legal description of the Ridgeview Estates Subdivision lying to the west (platted in 1963) do not coincide along a portion of their adjoining boundary lines, but instead create a gap of approximately 5' in width between them. The easterly boundary of the northerly portion of Ridgeview Estates lies approximately 5' west of the westerly property line of the Yukon Grove property. The 5 ' gap is considered ''unclaimed" and needs to be incorporated into the new development, so that it does not create safety or nuisance issues for both developments. Gaps such as this that are left over between what should be abutting developments often attract wildlife, vagrants, and are a maintenance problem for the adjacent property owners. The City has been working with the current owner, Jefferson County, and the four adjacent property owners within the Ridgeview Estates Subdivision, to cede any rights or claims to ownership of this 5 ' strip of unclaimed land. A boundary agreement, being prepared jointly by Plann ing Commission Case Nos. WZ-14-08 & WS -14-04/Yuko n Grove 7 Jefferson County and City of Wheat Ridge attorneys, will create a parcel efland for the unclaimed gap. The boundary agreement will allow the gap parcel to be incorporated into the Yukon Grove Subdivision, and will also serve to clear the title for the gap parcel. Recordation of the boundary agreement will allow for the inclusion of this unclaimed land into the subject property. Staff is recommending a condition in both the recommended motions that inclusion of the gap property be allowed without additional review by Planning Commission. The documents should be in place and the plat amended prior to review of the plat by City Council VII. AGENCY REFERRALS All affected service agencies were contacted regarding their ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development. Specific referral responses follow. Consolidated Mutual Water District: Can serve the property subject to installation of improvements. A "looped" system will be required so a paved connection must be made to Wadsworth via Tract A in accordance with the district's requirements. Wheat Ridge Fire Protection District: Can serve the property. Wheat Ridge Parks and Recreation Department: Will require fees-in-lieu of land dedication to be paid at the time of recording in the amount of$49,945.80. Wheat Ridge Police: Can serve the new development. Wheat Ridge Public Works: Has reviewed and approved a final drainage design. Continues to work with property owners to the west to resolve title on the 5' wide tract. Wheat Ridge Sanitation District: Has adequate capacity to accommodate development subject to the district's requirements. A mainline extension will be required from 32 11 d A venue. Xcel Energy: Can serve . Is requesting 6 ' front setback easements and 8 ' rear setback easements . VIII. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that the proposed PRD Specific Development plan and plat are consistent with the approved ODP document. Staff further concludes that the proposed documents are consistent with the zoning and development code. Because approval of these documents will offer a new homeownership option in the City, a recommendation of approval is given for Case Nos. WZ-14-08 and WS-14-04 with the conditions listed below. IX. SUGGESTED MOTIONS: Planning Commission Ca se No s. WZ-14-08 & WS -14-04/Yukon Gro ve 8 SPECIFIC DEVELOPMENT PLAN Option A: "I move to APPROVE Case No. WZ-14-08, a request for approval of a Specific Development Plan on property located at 7671 W. 32"d Avenue/3299 Wadsworth Blvd, for the following reasons: 1. The proposed SDP is consistent with the approved ODP document. 2. All requirements for an SDP have been met. 3. The criteria used to evaluate an SDP have been met. 4. The proposed SDP will result in a new housing option in the City. With the following conditions: 1. Sheet 3 be amended to include garage square footages in the building footprint totals. 2. Inclusion of the gap property into the SDP be allowed without additional review by Planning Commission." Option B: "I move to DENY Case No. WZ-14-08, a request for approval of a Specific Development Plan on property located at 7671 W. 32"d Avenue/3299 Wadsworth Blvd, for the following reasons: 1. 2. 3." SUBDIVISION PLAT Option A: "I move to recommend APPROVAL of Case No. WS-14-04, a request for approval of a subdivision plat on property zoned Planned Residential Development located at 7671 W. 32"d Avenue/3299 Wadsworth Blvd, for the following reasons: 1. The plat is consistent with the approved ODP document. 2. All requirements of the Subdivision Regulations have been met. With the following conditions: 1. The drainage agreement with the property owner to the north be executed and recorded prior to plat recording. 2. Sheet numbers and lot widths be added to Sheet 2 of the plat document prior to City Council public hearing. 3. The fees in lieu of parkland dedication be paid prior to plat recording. 4. A standard SIA with security be executed prior to plat recording. 5. Inclusion of the gap property into the plat be allowed without additional review by Planning Commission.'' Planning Commission Case Nos . fVZ-14-08 & WS-14-04/Yukon Grove 9 Option B: "I move to recommend DENIAL of Case No. WS-14-04, a request for approval of a subdivision plat on property zoned Planned Residential Development located at 7671 W. 32"d Avenue/3299 Wadsworth Blvd, for the following reasons: 1. 2. 3." Planning Commission Case Nos . WZ-14-08 & WS-14-04/Yukon Grove 10 ----·--· ------------··--------------·------------·------------------·------------- SUR\IEYQR'S CERTiflCAT(; GROVE 21 AT WHEAT RIDGE PLANNED RESIDENTIAL DEVELOPMENT OUTLINE DEVELOPMENT PLAN NW ~OF SECTION 26, T.3S., R.69W., OF THE 6TH P.M. f([Wrrrl HOnHC£R. OWNER -CAUER CAPrT...._ U.C SlAT£ or COLOIWlO ) )SS COUillY or JEJT[IISOOI l THt FOMOOfNC IHSTIIIJUOIT WAS ACII<NOIOI.EI)C II[TI)II{ 111: THIS __ o.t.Y Of A.D. 2014 1'1'-------- WITHCSS W'Y HAHD AHD Of'JlCW. SC.AL. W't' co.MSSIOH [)l'ftltt:S; opp NOTE· COUNTY CLERK AND RECORPER'S CERTifiCATE· sw•t or COl.l)fW)O CO'-""' or JUrtfiSOH ) )SS ) I Hfftt8Y CCRTIN lHAl TJi!S PlAN WA$ ntCD 1N lH( orrte( Of THE. ~ a..ERtC NIO fttt.O'tD£R or JEffl:RSON couwrr AT GOU>£H, c:ou::M2AOO. AI ___ O'CLOCk _.14. "" TH£ --t».Y or 101• w .. JH II[C(PTJON NO •• ___ _ ALLOWED USES · I. IHTOfT; THIS ~ llt$100ITioli. OEVIl.OI'W£HT OISl1IICT IS rstAIUSHEO 10 PRD'fU fOR A HIOtt OUWTY M:'SUNTML ~. C0NSGTJ«: Of SlrG..C FAMA.T D£TACHU) OCSIIlOITW. US($ \'HOT N1E ~ wmt N>JN::O(I OCISllHC lltR)(ornol. AND ()P(H $PN:£ usts. 2. usa, A. "-LOWED US£5 ONE r...._,. OW£UMG 01'01 Sf'AC£ I . .OCCCSSOI!'t USES HOWE OCCUPATIOHS HOU5tHOl.D P(T$ ~AAv·~~~··~HD~~~~ .......ct:. OCTAC><EO ACCCSSOO'Y S!OUCTURCS AR1: NOT .....owtD. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO PLANNING COMMISSION CEBTIEICAT!ON: ~~= ~~~~---"'r or----201•. C!JX CERT!OCADON · IJ'f'fiCN£0 THIS ---OAY or ____ _.. ?Ot• BY THE WHEAT lllOC( CllY COUNCIL ATTEST: IIAI'OR pEVELOPMENT SIANPARPS: '· M4XIAJW HDGHT: l!.' 2. ~ BUI.DtNC COYEittAGE: 4~ 3. _ ... t.l7f fol!f.J.< 3.500 s.r. 4. ~lOT wtDTH: 4~· 5 . SCTBIIC'(S, A. _,.. riiOHT YARO SCTIW:I<' TO< (10) rtCI 8. ..-uol SIOC YMO SCTIIACK< rOY£ (S) 1tP C. 10~ RtAA YARO SIJliACI(. lli"T£0/ (1~) rt0 .. ........... -·y W()Tit TW[I.Y( ( 12) rtrT 7. N£T DI:IISITY' 0.73 owruJNC UHITS 1'£11 loCll( 0 . C110SS O£NSITY' 5 75 DWQJ.JI«) UNITS Pt1l ACA£ -.ow IIUill>O'G SCPAAATIDI< SZ><Ttvl (II) rm 10 PARICNO: AU PARKING SKoW. 8C lN ~[ 'IIIO'Ji S£C110H 2&-501 orr-S11!££T P-AEOIJI!OIDITS or THt WHCAT ...,_( COO£ or lAWS . 11. IAHOSCAPIHC' AU. ~ SHW. liE .. CONI"Of!WANC£ Wl1l1 SECTION 70-:102 ~ ~ or THE wo<AT RIOGE COO£ or IAIIS. U . £l(11J!IOR t.JGHIINC' ~ UCifTlHC $1"'-1. BE IN CO~ Wf!H S(Ct10N 70-= (XT[T!IOR UCHTINC or M •"HAT 0100£ COO( or lAWS. 13. SICNAG£: .U. SIGI'ACC S>WJ. BE .. COHf"OI!>W'CI: WITH St:t:T"ION 26 · 7~ SION COO£ or tift; W>EAT ltiDGC COO£ or lAWS. UCO'l AS I"OU.DWS' A. II(SIOOITIOI. S<.eDM5ION SICIIS ' • WAXUUW sw;;N llttk Je s.r. 14 . f"ENCN:t: AU. rtNCfNC $tW.L IE. .. CCINf"'RMAUC{ wmt S(CTCON 26 -&0J rtHeiNC or THE WHEAT tliOG£ C00C or IAIIS . 1 ~ QoSTliO; Zl)NOIC: lt(.SIDE>ITW. twO (R-2) 16. PtiOPOSCO Z0N110C< P!.\NH(l) RtSIOOITW ot\'WIPioiOIT (PtiD) 17. THE PllllPOSll> OOIELOP>It:IIT 1.6 OVISIDC 1'>1£ 100-VO f\.000 PlAIN. THIS ~CT IS AJ<TICPAT£0 fO ..._01( 0111.1 011[ PHAS£. HOWtloOI f\/TUA£ PHASIIC. IF IIE.O<.OA£0. W1U. NOT 11£1)UIR[ ... tHDWtNI fO THIS P\.AN. CASE HISIORX: lAND USE TABLE USE N:.. DU DU/AC . XAC . lltSIDCHT..._ AIICA 1.78 Df'OI SI'IIC( I orTt•IION 0.&1 sua TCJTAI. or R!SIOCNTW. AAtA 2.2t 20 IlCHT -or_...., w. 3ZNO AYt. D.Dl RtOHf-of'-WAY WA0$W011nH lt..\'D 0.08 .,._ smrrs 1.08 SUB TOTAl or RIGHT-or WAY 1.10 TOTAlS 3.48 20 PROJECT INFORMATION· OWND!/QMlQPfl! CAUtR CAPITAl, LlC 2305 W. B£RAY A.Vf.. lmUTON. CO 80120 CONTACT: KE:\91 HFRINCER ~ 5 1S .... 8 .73 6IIS 1S 2S 31S J-4:0: 5.75 100% IMRTIN/WARTlN CONSULTING tNGINEERS 12499 W. COLFAX AVE . W<EWOOO , COLORADO 80215 PH:JOJ-43 1-6100 CONTACT : IMRK TllORNBROUGH , P .E. 001'1 01>"2 SHErr INPEX 2-81QI(SS DAYS W -AHC£ EXHIBIT 1 ----------------------·---------·-------·---------------·----------------- GROVE 21 AT WHEAT RIDGE PLANNED RESIDENTIAL DEVELOPMENT OUTLINE DEVELOPMENT PLAN NW )'4 OF SECTION 26, T.3S., R.69W., OF THE 6TH P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO MOPt'ltlY l W£ ~~~;>-.>ON1W(;~--J CASOoO<l Sttl10N LINE ct)IT[R IJM( S£laiCK UN£ -...c UN[ 10' D£DC4TlON fOR l2NO AWOU£ 110fT Of W•Y (TO BE II" PlAT) SITE PLAN ~l.S· CL TO pt eoors 1-6l SCHEMATIC f 16 SCk i"· Cl TO PL SriT PLAN (LOTS 7-20) SCHEMATIC 11 -J ZONINC GfNfBAI NOU:s · !. TRACT A SHI.U BE roR ORAJHioG(, UTILITY !ASEW£NT (JO. WID£) NID DRAINAGE !AS(IIENT roR lAST OCT£NTION POND AND WIU 9£ loWNTAINED BY THE IIOA. TAACT A MAY ALSO 9£ LIS(!) rOR OTHER OEVti.OPIIENT Aloi(IIITI(S SUCH AS COIMo!IJN!lY GAAD£NS OR OTHER SUCH USES AT THE HOA·s DISCR(TION. 2. TRACT 8 Sl~ 9E roR ORIJW.CE ANO W1U BE WIINTAINEO BY THE Htlf.. ORAIN4C£ COUECTLD IN TRACT 8 WIU BE CONII['t£0 TO THE CITY'S STOIIioiWATER svsro. ~ BURI£0 PIPE NID DRAINAGE APPUR'I'OWICCS. STORI.IWATER I'LO'NS COtiV(Y(O fliOt,l TRACT B WIU BE AS AU0W£0 PER C!TY STNIOAROS AND REGULATIONS. 3. TRACT C SHI.U BE rOR ORIJNAGE AND 1!1U. BE MAINTAINED BY THE HOA. ORAINAGC COUECTEO IN TRACT C WU BE CON\ItYEO TO THC CITY'S STOIIioiWATCR SYSTEM \1A BURIED PIPE AND ORIJNACE APPURTDIANC£5 . STORIIWATER rtOWS CONV[:Y(O fliOt,l TRACt C WIU 8E AS Al.I..OM:D PER CITY STANDARDS AND RECUlATIONS . ..______1>2-lOHfNC ________________ _ ROAQ SECTION 8-8 2-1»1£ LOCAL. STREET MODIFIED CROSS -SECTION NOT TO SCAlE CtM8 • CllllOI ASI'IW.T ~- R-2 ZONII.'C 1--· __ :J I"'C! 11" Exhibit 2, Aerial Photo Site "' z • 0 .., t; 0: 0 !!!: "' "' / --' "' :! 3 ;: Q. Ol ~ 0 :~ w u ~ I ~ <: -g ~ ~ ~ "' ~ 0 ~ ,;; .. .... 0 I N "' 0 0 "' 0 ..., ..; SURVEYOR'S CERTIFICATE: I, RICHARD A NOBBE . DO HEREBY CERTIFY THAT THE SURVEY Of THE BOUNDARY or THE SPECifiC DEVELOPMENT PLAN WAS MAO£ BY M£ OR UNDER MY DIRECT SUPERVISION AND TO THE BEST Of MY KNOWLEDGE. INfORMATION AND BELIEf. IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES CURRENT REVISED EDITION AS AMENDED . THE ACCOMPA,.Y,NG PLAN ACCURATELY REPRESENTS SAID SURVIEY (SURVIEYOR'S SEAL) RICHARD A. NOBBE. PLS 2J899 OWNER 'S CERTIFICATE/UNIFIED CONTROL STATE MENT: THE BELOW SIGNED OWNER(S). OR LEGALLY DESIGNATED AGENl(S) THEREOf, DO HEREBY AGREE THAT THE PROPERTY LEGALLY DESCRIBED HEREON WILL BE DEVELOPED AS A PLANNED DEVELOP MENT IN ACCORDA NCE WITH THE USES RESTRICTIONS AND CONDITIONS CONTAINED IN THIS PLAN, AND AS MAY ' OTHERWISE BE REQUIRED BY LAW. I (WE) fURTHER RECOGNIZE THAT THE APPROVAL Of A SPEC/riC DEVELOPMENT PLAN. DOES NOT CREATE A VESTED PROPERTY RIGHT . VESTED PROPERTY RIGHTS MAY ONLY ARISE AND ACCRUE PURSUANT 10 THE PROIIISIONS Of SECTION 26-T 21 Of THE WHEAT RIDGE CODE Of LAWS . KEVIN HERINGER. OWNER -CALlER CAPITAL. LLC STATE Of COLORADO ) ) ss COUNTY Of JEffERSON ) THE fOREGOING INSTRUMENT WAS ACKNOWLEDGED BEfORE ME TH IS ____ DAY Of ----------• A.D. 201~ BY ____________ _ WITNESS MY HAND AND OffiCIAL SEAL. MY COI.41.4/SSION EXPIRES ; NOTARY PUBLIC SOP NOTE: THIS SPECifiC 0£VELDPI.4ENT PLAN IS BEING SUBI.41TIED TO THE CITY Of WHEAl RIDGE fOR APPROVAL PRIOR TO THE SUBI.4mAL Of A RIGHT -Of-WAY OR BUILDING PER"'IT APPLICATION AND ANY SUBSEQUENT SITE OEVELOPI.4ENT . COUNTY CLERK AND RECORDER'S CERTIFICATE: STATE Of COLORADO ) ) ss COUNTY Of JEffERSON ) I HEREBY CERTIFY THAT THIS PLAN WAS fiLED IN THE OffiCE Of THE COUNTY CLERK AND RECORDER Of JEffERSON COUNTY AT GOLDEN. COLORADO. AT _____ O'CLOCK __ .1.4 . ON THE ---DAY Of -----------· 2014 A.D .. IN RECEPTION NO . ________ _ JEffERSON COUNTY CLERK AND RECORDER BY '------------------- (DEPUTY) ALLOWED USES: 1. INTENT : THIS PLANNED RESIDENTIAL OEVELOPI.4ENT DISTRICT IS ESTABLISHED TO PROIIIOE fOR A HIGH QUALITY RESIDENTIAL NEIGHBORHOOD. CONSISTING Of SINGLE fAMILY DETACHED RESIDENTIAL USES THAT ARE COI.4PATIBLE WITH ADJACENT EXISTING RESIDENTIAL AND OPEN SPACE USES USES · A. ALLOWED USES ONE fAMILY DWELLING OPEN SPACE B. ACCESSORY USES HOME OCCUPATIONS HOUSEHOLD PETS OUASI -PUBUC AND PUBLIC UTILITY LINES. STORI.4 DRAINAGE , SAN ITARY SEWER AND WATER SUPPLY fACILTTIES . DETACHED ACCESSORY STRUCTURES AIRE NOT ALLOWED . JN ANO BOAT STORAGE ARE NOT ALLOWED . YUKON GROVE PLANNED RESIDENTIAL DEVELOPMENT SITE DATA TABLE SPECIFIC DEVELOPMENT PLAN EXISTING ZONING PLANNED RESIDENTIAL 0£VELOP1.4ENT PROPOSED LAND USE DETACHED SINGLE -FAMILY RESIDENTIAL lo4/NIMUI.4 LOT SIZE ALLOWED 3,500 SQUARE fEET NW )-4 OF SECTION 26, T.3S., R.69W., OF THE 6TH P.M. CITY OF WHEAT RIDGE , COUNTY OF JEFFERSON, STATE OF COLORADO MAX 8 LOTS HAlliNG ONE STORY HDI.4ES ..... y BUILDING COVERAGE HAVE UP 10 50::1 BUILDING COVERAGE . REMAINDER LOTS WITH ONE OR TWO STORY HO.,ES MAY NOT EXCEED 40::1 COVERAGE. STOR MWATER DETENTION/WATER QU ALITY AREAS · THE STORM DETENTION/WATER QUALITY AREAS HERE SHOWN AS TRACTS B AND C AND STOR1.4WATER EAS£1.4ENT SHALL BE CONSTRUCTED AND MAINTAINED BY THE OWNER AND SUBSEQUENT OWNERS, HEIRS . SUCCESSORS AND ASSIGNS . IN THE EVENT THAT SUCH CONSTRUCTION AND MAINTENANCE IS NOT PERfOR"'ED BY SAID OWNER . THE CITY Of WHEAT RIDGE SHALL HAVE THE RIGHT TO ENTER SUCH AIREAS AND PERfOR" NECESSARY WORK, THE COST Of WHICH SAID OWNER , HEIRS, SUCCESSORS. AND ASSIGNS AGREES TO PAY . NO BUILDING OR STRUCTURE WILL BE CONSTRUCTED IN THE STOR.,WATER DETENTION/WATER DUALITY AIREAS AND NO CHANGES OR ALTERATIONS AffECTING THE HYORAIJLIC CHARACTERISTICS Of THE DETENTION A/REA WILL BE MADE WITHOUT THE APPROVAL Of THE DIRECTOR Of PUBLIC WORKS CH ARACTER OF NEIGHBORHOOD: THIS PLANNED RESIDENTIAL OEVELOPI.4ENT 1.4EETS THE CITY Of WHEAT RIDGE CODE REQUIREMENTS Of SECTION 26-301C BY PROIIIO/NG A PEDESTRIAN fRIENDLY, SINGLE fAMILY DETACHED RESIDENTIAL NEIGHBORHOOD THE PROPOSED OEVELOP1.4ENT IS A TRANSITIONAL NEIGHBIORHDOO BETWEEN LAAGER LOT RESIDENTIAL TO THE WEST AND COM1.4£RCIAL AND MULTifAMILY USES TO THE SOUTH , NORTH AND EAST. THE NEIGHBORHOOD WILL fEATURE LifESTYLE LIVING WITH A VAIRIETY Of ARCHITECTURAL STYLES INCLUDING ON£ AND TWO-STORY HOMES WITH TWO-CAIR GARAGES . ARCHITECTURAL STYLE Of HOI.4£S WILL ENTERTAIN A COTIAGE TH£1.4£, KEEPING WITH HISTORIC DESIGN ELEI.4ENTS IN THE AREA. COVERED fRONT PORCHES WILL BE PART Of ALL HOI.4ES TO ENGAGE THE STREETSCAPE AND fOSTER CO.,.,UNITY INTERACTION . MATERIALS WILL CONSIST Of PAINTED LAP SIDING WITH TR/1.4 DETAILS THAT AIR£ ARCHITECTURALLY CORRECT fOR COTIAG£ H01.4£S INCLUDING BRACKETS, CORBELS. SILLS AND LINTELS. ALL HOMES WILL HAVE EITHER STONE OR BRICK ACCENTS . COLORS SHALL BE SELECTED fROM BENJAI.41N MOORE'S HC (HISTOR ICAL COLORS) PALETTE Of EARTH TON£ AND LIGHT PASTELS . ALL COLOR SCHEMES WILL BE PREOETERI.4/NEO TO ASSURE A CONSISTENT STREETSCAPE . ALL H01.4ES WILL HAVE ATIACHEO TWO-CAIR GARAGES BEHIND THE HOM£ SERVED FROM C01.41.40N DRIVES ON PAIRED LOTS AVOIDING AN OVERLOADING Of CONCRETE AND GARAGE ODORS ON THE STREET. A C01.4B/NATION Of RANCH PLANS. WITH ELEVATED BASEMENTS. AND TWO-STORY PLANS. RANGING IN SIZE fROM I 200-1800 SQUARE fEET WILL BE THE PRODUCT 1.4/X CREATING A VARIETY Of SCALE AND 1.4ASS ON THE STREET THE NEIGHBORHOOD WILL fEATURE ENTRY 1.40NUMENTATION SIGNAGE AND TREE LAWN ON BOTH SIDES Of THE ACCESS ROAD . THIS PEDESTRIAN fRIENDLY WALKABLE NEIGHBORHOOD ALLOWS CONVENIENT ACCESS TO EXISTING BUS ROUTES ON W. 32ND AVENUE. AS NOTED ABOVE. EACH RESIDENCE WILL HAVE A TWO-CAR GARAGE. PR0\//0/NG TWO Off-STREET PARK ING SPACES PER LOT . ON STREET PARKING WILL ALSO BE PROVIDED . THE SOUTHERN HALf Of THE OEVELOP .. ENT WILL PROIIIOE ON-STREET PAIRK/NG ON THE EAST SID£ Of THE STREET. AND THE NORTH HALf Of THE DEVELOPMENT WILL PROIIIOE ON-STREET PAIRK/NG ON BOTH SIDES Of THE STREET . THE PROPOSED PLANNED RESIDENTIAL DEVELOPI.4ENT WILL ALLOW fOR BUffERING AND DENSITY TRANSITION fROI.4 WADSWORTH TO THE ESTABLISHED NEIGHBORHOOD TO THE WEST. PLANNING COMMISSION CERTIFICATION: RECOMMENDED toR APPROVAL THIS -----DAY Of ------· 2014, BY THE WHEAT RIDGE PLANNING C01.4M/SSION . CHAIRPERSON __________________ _ CITY CERTIFICATION: APPROVED TH IS --------DAY Of ----· 2014 BY THE WHEAT RIDGE CITY COUNCIL. ATTEST: CITY CLERK MAYOR VIC INITY MAP NOT TO SCALE DEVELOPMENT STANDARDS: I . MAXI1.4UI.4 HEIGHT : 35' 2 . BUILDING COVERAGE · MAX11.4UI.4 8 LOTS HAlliNG ONE STORY HOMES WTTH UP TO 50::1 BUILDING COVERAGE . THE REMAINDER Of THE LOTS THAT HAVE ONE OR TWO STORY HO .. ES MAY NOT EXCEED 40::1 BU ILDING COVERAGE . J . 4 . 5 . 6 . 7 . e. 9 . 10. 11. 12. 13 . 14. 14 . 15. 16 1.4/N/1.4UioA LOT AIREAo 3.500 S.f (PROPOSED LOT SIZES VARY BETWEEN 3,519.26 Sf AND 6,192 82 Sf) 1.41N/1.4U I.4 LOT WIDTH : 45' (PROPOSED LOTS ARE AT 45' WIDTH OR 1.40RE) SETBACKS : A. 1.4 1N/1.4UM fRONT YARD SETBACK : TEN (I D) fEET (AS PROPOSED) B. 1.41N/1.4UI.t SIDE YARD SETBACK: fiVE (5) fEET (AS PROPOSED) C. 'IIN/1.4UI.t REAR YARD SETBACK ; nnEEN (15) fEET (AS PROPOSED) MAXI'IUI.4 DRIVEWAY WIDTH : TWELVE ( 12) fEET NET DENSITY: 8 .7J DWE LLING UNITS PER ACRE GROSS DENSITY : 5. 75 DWELLING UNITS PER ACRE "/N/1.4UI.4 BUILDING SEPARATION : SIXTEEN (16) fEET PARKING: ALL PARKING SHALL BE IN CONfOR~CE WITH SECTION 26-501 OfF -STREET PARKING REOUIREI.4ENTS Of THE WHEAT RIDGE CODE Of LAWS . LANDSCAPING: ALL LANDSCAPING SHALL BE IN CONfOR~CE WITH SECTION 26-502 LANDSCAPING REOUIREI.4ENTS Of THE WHEAT RIDGE CODE Of LAWS. STREET TREES e STREET TREES SHALL BE PLACED EVERY 30' WITHIN THE DETACHED LANDSCAPE BUffER. THE 1.4/NIIo4UioA CALIPER OIAI.4ETER fOR STREET TREES SHALL BE NO LESS THAN 2.5". EXTERIOR LIGHTING : A/UL LIGHTING SHALL BE IN CONfORMANCE WITH SECTION 26-50J EXTER IOR LIGHTING Of THE WHAT RIDGE CODE Of LAWS SIGNAGE: A/UL S/CNAGE SHALL BE IN CONtoR~CE WITH SECTION 26-709 SIGN COO£ Of THE WHEAT RIDGE CODE Of LAWS. EXCEPT AS fOLLOWS: A. RESIDENTIAL SUBDIVISION SIGNS : MAX/1.4UI.4 SIGN AREA: J6 S.r . fENCING : ALL fENCING SHALL BE IN CONfOR~C£ WITH SECTION 26-603 fENCING OF THE WHEAT RIDGE CODE Of LAWS . EXISTING ZONING : PLANNED RESIDENTIAL DEVELOPMENT (PRO) THE PROPOSED D£VELOP1.4ENT LIES OUTSIDE THE I 00-YR fLOOD PLAIN . PHASING: THIS PROJECT IS ANTICIPATED TO HAVE ONLY ONE PHASE. HOWEVER fUTURE PHAS ING, If REQUIRED. WILL NOT REQUIRE A1.4ENDI.4ENT TO THIS PLAN CASE HISTORY: CASE #WZ -05-1J. fWZ -14 -06, #WZ -14 -08. IWS-14 -04 AREA A/REA (ACRES/Sf) COVERAGE LOT I 0 .08 J,519 sr LOT 2 008 J .519 SF LOT J 0 .08 3,519 Sf LOT ~ 0.08 3.519 Sf LOT 5 008 J.537 sr LOT 6 0 .10 ~.293 Sf LOT 7 0 .09 J.820 Sf LOT 8 0 .09 3 ,735 Sf LOT 9 0 .09 3,735 Sf LOT 10 0 .09 3 ,735 Sf LOT 11 0 .09 3,735 Sf LOT 12 0 .09 3.943 Sf LOT 13 0 .09 ~.002 Sf LOT ,. 0 .14 6,193 Sf LOT 15 0 .08 3.690 Sf LOT 16 0 .08 J.690 Sf LOT 17 0 .08 3,690 Sf LOT 18 0 .08 3 ,690 Sf LOT 19 0 .08 3 .690 Sf LOT 20 0 .09 3 ,967 Sf RESIDENTIAL AREA (TOTAL LOTS) 1.77 77.221 Sf 51::1 TRACT A 0 .26 11,469 Sf TRACT B 0 .20 8 ,667 Sf TRACT C 0 .05 2,219 Sf OPEN SPACE / DETENTION (TOTAL or TRACTS) 0 .51 22 ,355 SF 15::1 SUB TOTAL OF RESIDENTIAL AREA 2 .J2 100,928 Sf 67::1 RIGHT -Of WAY W. J2NO AVE . 0 .03 1,114 Sf I ::I RIGHT -Of WAY WADSWORTH BLVD 0 .05 2.2~8 Sf I ::I fUTURE RIGHT -OF -WAY (WADSWORTH) (TRACT D) 0.03 1.J52 Sf 1::1 INTERNAL STREETS I 08 47.203 Sf 31ll: SUB TOTAL OF RIGHT OF WAY I 16 50,566 Sf 3J::I TOTALS 3 48 151.~94 sr I DOll NET DENSITY {DWELLING UNITS PER ACRE) 8 .7J GROSS DENSITY {DWELLING UNITS PER ACRE 5 .75 LEGAL DESCRIPTION: A PAIRCEL Of LAND LOCATED IN THE NORTHWEST QUARTER Of SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST ~:;R~H~~~7c0'~~~~L£S~~~~~AsC~L~~W~~EAT RIDGE . COUNTY Of JEffERSON, STATE or COLORADO AND BEING COI.4MENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 26: THENCE S89"~5'02"W , ~2J .03 fEET ALONG THE SOUTHERLY LINE Of SAID NORTHWEST QUARTER Of SECTION 26; THENCE OEPAIRTING SAID SECTION LINE N00'14'58"W. 25.00 fEET TO THE NORTHERLY R/GH[-Qf-WAY LINE Of 32NO AVENUE . AND THE POINT Of BEGINNING · THENCE S89 '45'02"W. 111.<1 fEET ALONG SAID NORTHERLY RIGHT -Of-WAY LIN£ TO A POINT ON THE EASTERLY LINE Of R/DG£11/EW ESTATES SUBOMSION: THENCE DEPARTING SAID NORTHERLY RIGHT-Of -WAY LINE AND ALONG THE EASTERLY LINE Of SAID RIDGEVIEW ESTATES SUBDMSION N00'19'27"W, J70.00 fEET; THENCE CONTINUING ALONG SAID EASTERLY LIN~ ~89:45 '02"£, Ill 41 fEET; THENCE .N0?'19'27"W, ~66 .00 fEET ; THENCE SSJ'4~'06"E. 278.98 fEET : THENCE SOD 19 27 E. JOO .OO fEET; THENCE N89'45 02 E. 184.00 fEET TO THE WESTERLY RIGHT -Of-WAY LINE Of WADSWORTH BOULEVARD: THE~CE 500'19'27"£. 60.00 fEET ALONG SAID RIGHT -Of-WAY LINE; THENCE OEPAIRTING SAID RIGHT -Of -WAY LINE 589'~5 02"W. 408.00 fEET ; THENCE S00'19'27"E, 310.00 fEET TO THE NORTHERLY RIGHT -Of-WAY LINE Of J2ND AVENUE AND THE POINT OF BEG INNING . SAID PARCEL CON TAINS 151.~95 Sf (3 .~8 ACRES) 1.40RE OR LESS BASIS Of BEAR INGS : BEARINGS ARE BASED ON TH E SOU THERLY UN£ Of THE NORTHWEST QUARTER Of SECTION 26 TOWNSHIP 3 SOUTH. RANGE 69 WEST Of THE SIXTH PRINC IPAL "'ERIOIAN BEARING N89'45'02"E BETWEEN THE WEST QUARTER CORNER BEING A fOUND 3 l(. ALUI.4/NUM CAP PLS I 13212 IN RANGE BOX AND THE CENTER OUA!l1ER CORNER BEING A fOUND 3 JC ALUI.4/NUI.4 CAP PLS I I J 2 1 2 IN RANGE BOX . • PROJECT INFORMATION: OWNER/DEVELOPER CALlER CAPITAL, LLC 2305 W. BERRY AVE. LITTLETON, CO 801 20 CONTACT: KEVIN HERINGER, ENGINEER· OWNER MARTIN/MARTIN CONSULTING ENGINEERS 12499 W. COLFAX AVE . LAKEWOOD, COLORADO 80215 PH:303-431-6100 CONTACT: MARK THORNBROUGH, P .E . ARCHITECT· JEFF W. BURNHAM ARCHITECT 1 1 633 MASONVILLE DRIVE PARKER. COLORADO 80134 PH :303-84 1-6892 CONTACT: JEFF BURNHAM, A .I.A . SURVEXOR· MARTIN/MARTIN CONSULTING ENGINEERS 12499 W. COLFAX AVE. LAKEWOOD. COLORADO 80215 PH:303-431 -6100 CONTACT: RICHARD NOBBE. P L.S . SHEET INDEX SDP-1 SDP-2 SDP -3 SPD-~ SOP-S TTTLE PAGE PR£L/1.4 1NARY SIT£ PLAN LANDSCAPE SITE PLAN 1.400£L PLANS & ELEVATIONS TYPICAL STREETSCAPES UNCC KMwwiYI'Ibelow. ~W'~ C&lbeforeyoudlg. CALL 811 2 -BUSINESS DAYS IN ADVANCE BEFORE YC ~KING Of ~TIN/~TIN A LOCA liONS THE UTI PLOTIEO fR01.4 THE B THE CONTRACTORS 1.4ATERIAL. HORIZONTI PRIOR TO THE ( EXHIBIT3 -~ C": ' I 6 I ~ I d: ' -~ 'r 'I 'I soii'19'27"E 310.00'- YUKON GROVE RESIDENTIAL DEVELOPMENT SPECIFIC DEVELOPMENT PLAN NW ~OF SECTION 26, T.3S., R.69W., OF THE 6TH P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO GENERAL NOTES: I. R26.00' 2. 3. TRACT A SHALL BE FOR DRAINAGE, UTILITY EASEMENT (30' WIDE) AND DRAINAGE EASEMENT FOR EAST DETENTION POND AND WILL BE MAINTAINED BY THE HOA. TRACT A MAY ALSO BE USED FOR OTHER DEVELOPMENT AMENITIES SUCH AS COMMUNITY GARDENS OR OTHER SUCH USES AT THE HOA'S DISCRETION. TRACT B SHALL BE FOR DRAINAGE AND WILL BE MAINTAINED BY THE HOA. DRAINAGE COLLECTED IN TRACT B WILL BE CONVEYED TO THE CITY'S STORMWATER SYSTEM VIA BURIED PIPE AND DRAINAGE APPURTENANCES. STORMWATER FLOWS CONVEYED FROM TRACT B WILL BE AS ALLOWED PER CITY STANDARDS AND REGULATIONS. TRACT C SHALL BE FOR DRAINAGE AND WILL BE MAINTAINED BY THE HOA. DRAINAGE COLLECTED IN TRACT C WILL BE CONVEYED TO THE CITY'S STORMWATER SYSTEM VIA BURIED PIPE AND DRAINAGE APPURTENANCES. STORMWATER FLOWS CONVEYED FROM TRACT C WILL BE AS ALLOWED PER CITY STANDARDS AND REGULATIONS. 4. LANDSCAPING ON TRACTS A, B. C, AND D WILL BE REVIEWED AND APPROVED BY THE CITY PRIOR TO CONSTRUCTION. 5. TRACT D SHALL BE RESERVED FOR THE USE OF FUTURE WADSWORTH BOULEVARD RIGHT -OF -WAY. 8' UTILITY AND DRAINAGE EASEMENT 5' LANDSCAPE BurrER, TYP. 10.00' DEDICATION FOR 32ND AVENUE RIGHT OF WAY (TO BE BY PLAT) 23.5' CL TO PL 15' SETBACK 5.00' SETBACK 10.00' SETBACK STREET TREE (TYP.) SITE PLAN (LOTS 1-6) SCHEMATIC NOT TO SCALE 15' SETBACK 5.00' SETBACK -.... 10.00' 1~~~;;;;~~~l;;~;~~ SETBACK 6' DRY UTIL ESMT -PROPERTY LINE (AT BACK OF WALK) 29.5' CL TO PL STREET TREE (TYP.) SITE PLAN (LOTS 7-20) SCHEMATIC NOT TO SCALE R-J ZONING ASPHALT PAVEMENT TRACT "A" UTILITY EASEMENT -I I I I : 1.:!. I l:;j I I 369157 sr ~------1 I I :@: 18 I ll;j I : 3690 oo sr : I I ~------1 I I :0: 18 ~I ll;j I : 3690.00 sr : ~-----J 18 l:;j : 3690.00 sr ~-----~ sr I I I I L------' '------~ --------~ 8.00' UTILITY AND DRAINAGE EASEMENT UTILITY EASEMENT FUTURE WADSWORTH BLVD ROW LINE WADSWORTH BOULc:yAR'-!._ _ 0 , <1~· I LANDSCAPE AREA (LANDSCAPING ACROSS THE UTILITY EASEMENT SHALL CONrORM TO THE REQUIREMENTS OF CONSOLIDATED MUTUAL WATER DISTRICT AND SHALL BE APPROVED BY THE DISTRICT PRIOR TO INSTALLATION) L QUARTER SECTION LINE --Qj -o~- 6' DRY UTIL.-r-----1 ESMT, TYP. I ~ TYP -t---------48~ ROW-------4i I I ROAD SECTION A-A 2-LANE LOCAL STREET MODIFIED CROSS-SECTION NOT TO SCALE ., ' l ~I I liiH'o· 5' LANDSCAPE I I ~BUFFER 1 I 2.5' , I 5' IMIN P~G -t--11' SIDEWALK LANE 1 LANE L 26' FIRE LANE J (ENCROACHES 2' INTO EACH PKG LANE) ROAD SECTION 8-B 2-LANE LOCAL STREET MODIFIED CROSS-SECTION ~1nT Tn C:f"AI C" ·a· PROPERTY LIN( EASEMENT SECTION LINE CENTER LINE SETBACK LINE PARKING LIN( CURB & GUTTER ASPHALT PAVEMENT CONCRETE/ SIDEWALK DESCRIPTIONS I. R-2 ZONING DRIVE / I FW-, I 30 15 0 30 60 SCALE: 1"•JO' All Oo.tENSION5 SHOWN .\R( U.S SURV£Y r[[T I UNCC ec.wwlllt'sbelow. ~~ caUbefareyaudlg. CALL 811 2-BUSINESS DAYS IN ADVANCE BErORE YOU DIG, GRADE OR EXCAVATE FOR MARKING OF UNDERGROUND MEI.<BER UTILITIES MARTIN/MARTIN ASSUMES NO RESPONSIBILITY FOR UTILITY LOCATIONS THE UTILITIES SHOWN ON THIS DRAWING HAVE BEEN PLOTIED FROM THE BEST AVAILABLE INFORMATION. IT IS, HOWEVER THE CONTRACTORS RESPONSIBILITY TO nELO VERIFY THE SIZE ' MATERIAL. HORIZONTAL AND VERTICAL LOCATION OF ALL UTILITIES PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION. " I _____ , __ I TWO CAR GARAGE TYPICAL RESIDENCE ! ·-·-~~----- TYPICAL LOT LANDSCAPING 1 • ORNAMENTAL FRU IT TREE OR DWARF CONIFEROUS 8 • 1 GAL. GROUND SHRUBS TURF FRONT YARD TWO CAR GARAGE TYPICAL RESIDENCE M ULCH BED BETWEEN DRIVEWAY NOTE: LOTS 1.S AU. PLAN B 2 1/2~ CALIP E R DECID U OUS T REE @ 30' ON TREE LAWN YUKON GROVE SITE PLAN ---------------------~$ 2 1/2" CALIP E R DECIDUOUS T REE@ 30' O N TR E E LAW N NOTE : PlANS INTERCHANGEABLE LOTS 8-12 , 1&-20 ... -~ ------~ NOTE : PlANS INTERCHANGEABLE -__ 1 LOTS 8-12, 1&-20 ........ I ...__~c=-:.::....>"""'4 ~ LAII?I/ ,Rq! C/T'Yd/"' fr/lt!Ar~ ,.... 57"~ ----------. ~--------t~ ~~~~ •••••• l tP -.P.-6V.A0-" ~ ----. -DETENTION P OND P LANTED WITH NAT IVE G RASSES Urbotn Ons~ ~ Flood Coulrul District Urbaa Kronn ~ t:ntm. MaouaJ \•olwnt ) . I I ~ +-~ ~--i -~:-_--.: __:·:_=:_-=.-lb MODEL A COTIAGE L ~" l ~----~ dlif#c-~-::_· __ _ ~;;-'o• tt?"~$1&1..PT: MODEL A . ' _ _____, __ _ YUKON GROVE PLANS & ELEVATIONS r--~----~ I . : I I t--1 & I I I I I 1· ~~I I afM.J I I -l / I PER MO .DEL SIDE AND REAR ELEVA TlONS TO MAINTAiN SAME ARCH!TECI1JAL DETAILS AS · LLLJSTRA TED ON FRONT BLEV ATIONS ZkZ /.Z~.IO j -~~Cl:#l ~':tfP" 844 -f'r. MODELB 1 I I I +-r I I I rJ ' I ---MOD~L-b -COT[A_GE ,. - rr-------, I I I MOOELC f-ARMHOUSE ! r~ I I I G· .,_ ___ _ II I' II II II II lo r---, I I I 'P/1~ I I //x/3 I I I t-----1 I A'Y.--I .L1 ~~ I I I I ~~~~ I I• ~ . MODEL D __ 41Atol~----__ w"-·"'"'" --·· """'' · ,., .,-v,~nv'.' MOUEL tl 34.4% IDI COVJ;RAG£ MODEL B 34.4% LOT COVERAGE MODEL B FARMHOUSE MODEL tl COTTAGE YUKON_GROYE TYPICAL STREETSCAPE LOl'S 1-5 YUKON GROVE TYPICAL STREETSCAPES {I ,, .(:;:·''-"·· ~ODEL A 46% LOT COV EJ{,\CE MODEL J\ \011 AGE RAlSED RANCH +4'-0" MODEL C 39 .8% LOT COVERA(,F. 'v!ODEL C FARM! lOUSE MODEL A 46% LOT COVERA GE MODI..:L II I'AJ{.WI<~I 05E RAISE1J RANCH +4' .0 " YUKON GROVE TYPICAL STREETSCAPE LOTS 6-13, 15-20 -, MODEL D 36 .8% LOT COVERAGE MODEL D COTTAGE :::: ... G~ ,tn .t: t: i... 0 "' • .D ~ E ~ ~~ ~ .0~ ""0 0...; ~ ...., .... .., "' 0 "' 0 c~ ~ ~~ c~ Si ~~ .3o 0 ....i .... .,--o ON 0 O W NER 'S CERTIFICATE: I, KEVIN HERINGER, BEING THE OWNER OF REAL PROPERTY CONTAINING 3 4778 ACRES. MORE OR LESS , DESCRIBED AS FOLLOWS : A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 26 TOWNSHIP 3 SOUTH, RANGE 69 WEST, OF THE 6TH PRINCIPAL t.I[RIOIAN, CfN OF WHEAT RIDGE. COUNTY OF JEFFERSON. STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS rQLLOWS : COMMENCING AT THE CENTER QUARTER CORNER or SAID SECTION 26· THENCE 589'45'02'\Y, 4 23.03 FEET ALONG THE SOUTHERLY LINE OF SAID NoRTHWEST QUARTER OF SECTION 26; THENCE DEPARTING SAID SECTION UNE N00'14'58"W, 25.00 FEET TO THE NORTHERLY RIGHT -OF -WAY LI NE OF 32NO AVENUE, AND THE f'OINT OF BEGINNING· THENCE S89'45'02"W 1 II 4 1 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LI NE TO A POI NT ON ,THE EASTERLY UN[ OF RIDGEVIEW ESTATES SUBOMSION; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE AND ALONG THE EASTERLY LINE OF SAID RIDGEVIEW ESTATES SUBOMSION N00'19'27"W, 370.00 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N89'45'02"E, II 1 41 FEET; THENCE N00'19'27"W. 466.00 FEET; THENCE S53'44'06"E, 278 98 FEET; THENCE 500'19'27"[ JOO.OO FEET; THENCE N89'45'02"E, 184.00 FEET TO THE WESTERLY , RIGHT-OF-WAY LINE OF WADSWORTH BOULEVARD; THENCE S00'19'27"E, 60.00 FEET ALONG SAID RIGHT -OF -WAY LINE; THENCE DEPARTING SAID RIGHT-OF-WAY UN[ S89'45'02"W. 408.00 FEET; THENCE S00'19'27"[. 310 .00 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF 32NO AVENUE AND THE :Jbl~l g:; ~fg~NNINC. SAID PARCEL CONTAINS 151,495 SF (3.4778 ACRES) HAVE LAID OUT, SUBOMDEO AND PLAITED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF YUKON GROVE SUBOMSION, A SUBDMSION OF A PART OF THE CITY OF WHEAT RIDGE COLORADO AND BY THESE PRESENTS DO DEDICATE TO THE CITY OF WHEAT RIDGE AND THE PUBLIC THOSE PORTIONS OF REAL PROPERTY SHOWN AS RIGHT-OF-WAY, AND DO FURTHER DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE t.I UNICIPALLY OWNED AND/OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASE MENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, t.<AINTENANCE, REPAIR AND REPLACEt.IENT FOR ALL SERVICES . THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORM WATER SYSTEt.IS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL APPURTENANCES THERETO . KEVIN HERINGER, OWNER STATE OF COLORADO COUNTY OF JEFFERSON ss THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS ___ DAY OF -----------• A.D . 2014 BY _________ _ WITNESS MY HAND AND OFFICIAL SEAL . MY CO Mt.I ISSION EXPIRES: NOTARY PUBLIC COUNTY CLERK AND RECORDER'S CERTIFICATE: STATE OF COLORADO ) ) ss COUNTY OF JEFFERSON ) I HEREBY CERTIFY THAT THIS PLAN WAS FILED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO. AT _____ O'CLOCK _.M. ON THE ---DAY OF ------------· 2014 A 0., IN RECEPTION NO . ______ _ JEFFERSON COUNTY CLERK AND RECORDER BY: (DEPUTY) -------------- SURVEYOR'S CERTIFICATE: I, RICHARD A. NOBBE, 00 HEREBY CERTIFY THAT THE SURV£Y OF THE BOUNDARY OF THE YUKON GROVE SUBOMSION, FILING NO . I, WAS t.IAOE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE. INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES. CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAN ACCURATELY REPRESENTS SAID SURV£Y R!CHARQ A NOBBE pi S 23899 ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACnON BASED UPON A DEFECT IN THIS SURVEY v.lTHIN THREE YEARS ArTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THIS CERTIFICA nON SHOWN HEREON YUKON GROVE SUBDIVISION, FILING NO. 1 A PARCEL OF LAND LOCATED IN THE NW 1/4 OF SECTION 26 , T .3S ., R.69W ., OF THE 6TH PM CITY OFWHEAT RIDGE, COUNTY OFJEFFERSON , STATE OF COLORADO SHEET 01 OF 03 USE RESIDENTIAl AREA (LOTS LAND USE I 20) OPEN SPACE I OEl[NTION (TRACKS A, B. C AND D) SUB TOTAL OF RESIDENTIAL AREA VICINITY MAP ..Ol TO SCAl[ RIGHT -OF WAY W 32ND AVE RIGHT -OF -WAY WADSWORTH BLVD INTERNAL STREETS SUB TOTAL OF RIGHT -OF WAY TABLE SF AC. 77,221 177 23,707 0 .54 100,928 2.32 I, 114 0 .03 2.2~8 0 .05 47,203 108 50,566 1.16 TOTALS 151,494 3.4778 BENCHMARK ELEVATIONS ARE BASED ON THE CITY OF WHEAT RIDGE BM #PHAC I A CITY OF WHEAT RIDGE 9/16 STAINLESS STEEL ROD 12 rOOT LONG WITH SLEEVE AND DATUM ACCESS COVER ELEVATION • 5471 62 FEET {NAV01988) DATUM B A SIS OF BEARINGS: BEARINGS ARE BASCO ON THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL t.IERIOIAN BEARING N89' 45'02"E BETWEEN THE WEST QUARTER CORNER BEING A FOUND 3 )(" ALUt.IINUt.l CAP PLS 6 1 3212 IN RANGE BOX AND THE CENTER ~~~E~0~0RNER BEING A FOUND 3 )(" ALUMINUt.l CAP PLS # I 3212 IN PLANNING COMMISSION CERTIFICATION: RECOt.IMENOEO FOR APPROVAL THIS ------DAY OF ------· 2014, BY THE WHEAT RIDGE PLANNING COMMISSION. CITY CERTIFICATION: APPROVED THIS -------DAY OF ---------• 2014 BY THE WHEAT RIDGE CITY COUNCIL ATIEST: CITY CLERK MAYOR COt.IMUNITY OEVELOPUENT DIRECTOR DIRECTOR OF PUBLIC WORKS STATEMENT OF ACCURACY THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM THE NAO 83 HARN STATE PLANE COLORADO CENTRAL FIPS 0502 COORDINATE SYSTEM. AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.04 U.S. SURV£Y FEET AT THE 95ll: CONFIDENCE LEVEL, AS DEFINED IN THE GEOSPATIAl POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITIEE (FGOC-ST0-007.2-1998) CU R RENT CITY DATUM 1. THIS PLAT IS BASED ON THE CURRENT CITY DATUM, WHICH USES A HORIZONTAL COORDINATE SYSTEM THAT IS GROUND BASED , MODIFIED roRM OF THE NA083/92 STATE PLACE COORDINATE SYSTEt.l , COLORADO CENTRAL ZONE 0502, AND THE NORTH AM ERICAN VE RTICAL DATUM OF 1988 (NAVOBB). 2. THE GROUND TO STATE PLANE GRID COMBINED SCALE rACTOR IS 0.9 997~780300, SCALED rROM BASE POINT PHAC 1 (PERMANENT HIGH ACCURACY CONTROL POINT i1) HAVING THE roLLOWING NA083/92 (NA083 HARN) STATE PLANE COORDINATES: PHAC 1: NORTHING : 1701258.75, CASTING: 3118217.58, ELEVATION 5471.6 2 (NAVO 88) MEASUREMENT UNITS STATEMENT: PER COLORADO REVISED STATUTES SEC. 38-51-106 (L), ALL LINEAL UNITS DEPICTED ON THIS LAND SURVEY PLAT ARE U.S. SURV£Y FEET. ONE METER [OUALS 39 .37 OMDED BY 12 U.S . SURV£Y FEET ACCORDING TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. STORMWATER DETENTION/WATER QUALITY AREAS: THE STORM DETENTION/WATER QUALITY AREAS HERE SHOWN AS TRACTS B AND C AND STOR!o!WATER EASE!o!ENl SHALL BE CONSTRUCTED AND MAINTAINED BY THE OWNER AND SUBSEQUENT OWNERS. HEIRS. SUCCESSORS AND ASSIGNS. IN THE EVENT THAT SUCH CONSTRUCTION AND MAINTENANCE IS NOT PERFORMED BY SAID OWNER, THE CITY or WHEAT RIDGE SHALL HAVE THE RIGHT TO ENTER SUCH AREAS AND PERrQRM NECESSARY WORK. THE COST OF WHICH SAID OWNER, HEIRS, SUCCESSORS, AND ASSIGNS AGREES TO PAY . NO BUILDING OR STRUCTURE WILL BE CONSTRUCTED IN THE STORMWATER DETENTION/WATER QUALITY AREAS AND NO CHANGES OR ALTERATIONS AFFECTING THE HYDRAULIC CHARACTERISTICS OF THE OETENnON AREA WILL BE t.IAOE WITHOUT THE APPROVAL OF THE DIRECTOR OF PUBLIC WORKS . 1. THE PURPOSE OF "TRACT A" IS A NON-BUILDABLE TRACT 10 BE USED FOR DRAINAGE, UTILITY EASEMENT (30'-50' WIDE) AND DRAINAGE EASEMENT FOR THE EAST DETENTION POND AND SHALL BE MAINTAINED BY THE OWNER, SUCCESSORS, HEIRS, AND ASSIGNS . 2. THE PURPOSE OF "TRACT 0" IS AN AREA RESERVED rOR FUTURE WASOWORTH BOULEVARD RIGHT -OF -WAY. "TRACT D" SHALL BE MAINTAINED BY THE OWNER. SUCCESSORS, HEIRS, AND ASSIGNS UNTIL SUCH Tlt.IE THAT "TRACT 0" IS ACQUIRED AT FAIR t.IARKET VALUE, UPON REQUEST BY EITHER THE CITY OF WHEAT RIDGE OR THE COLORADO DEPARTMENT OF TRANSPORTATION . 3 . STREET RIGHT OF WAY !o!ONUMENTS SHALL BE SET eBillB 10 FINAL LIFT OF ASPHALT PAVEMENT . MONUMENT HARDWARE WILL BE PROVIDED BY THE CITY OF WHEAl RIDGE UPON REQUEST PROJECT INFORMATION: OWNER /DEVELOPER GAUER CAPITAL, LLC 2305 W. BERRY AVE. UTILETON, CO 80120 CONTACT: KEVIN HERINGER, OWNER ENGINEER; MARTIN/MARTIN CONSULTING ENGINEERS 12499 W. COLFAX AVE. LAKEWOOD, COLORADO 80215 PH:303-431-6100 CONTACT: MARK THORNBROUGH, P.E. ARCHITECT; JEFF W. BURNHAM ARCHITECT 11 633 MASONVILLE DRIVE PARKER, COLORADO 80134 PH:303-841-6892 CONTACT: JEFF BURNHAM. A .I.A. SURY[YOR; MARTIN/MARTIN CONSULTING ENGINEERS 12499 W. COLFAX AVE. LAKEWOOD, COLORADO 80215 PH :303-431-6100 CONTACT: RICHARD NOBBE EXHIBIT4 CASE HISTORY: CA3E IWZ -05 -1 ), WZ-14-06, #WZ -1 4 -08, WS -14-04 DU DU/AC. ::tA 20 B 62 I 20 5.75 1( PT. NO. 16609 WEST ~ CORNER, SECTION 26 fND 3l" BRASS CAP PLS 13212 IN RANGE BOX 51 ATE PLANE COORD N,1702727.540 LAT N39'45'43 494267" E'3115030.780 LDN,Wl 05'05'26 991389" CITY Or WHEAT RIDGE DATUM YUKON GROVE SUBDIVISION, FILING NO. 1 A PARCEL OF LAND LOCATED IN THE NW 1/4 OF SECTION 26, T.3S., R.69W ., OF THE 6TH PM CITY OFWHEAT RIDGE, COUNTY OFJEFFERSON, STATE OF COLORADO SHEET 02 OF 03 N'703157.07 E,11581658 N,703191.24 RIDCEVICW L117923.70 CSTATCS LOT 45 ~R:?-ZONINC S1R[[1 RIGHT-Of-WAY MON UMENTS SHALL BE SET fB1QB fiNAL LifT Of ASPHALT PAVEMENT . MONUMENl HARDWARE BE PROVIDED BY THE CITY or WHEAT RIDGE UPON REOUE : LOTH 8' UTILITYIAND DRAINAGE EASEMENT, ITYP. I LOT 4J r-------~ --------, .------ 1 LOT 1 : I : LOT 3 I I I I I I 3519 sr .-,1 I IN 3519 Sf I 1-I o LOT 5 I I I f-..L.L.........L.L....L~~;o~ ~-__ri~---==J:~~ ~~ =-1t~ ":~c=c= =~:_:~r~--H~:\~ ~ ~10' WIDE AREA HEREBY DEDICATED ' FNO . ./5 RCBAR W/ CAP LS ./10945 N 703561 24 E'117921.61 LOT 39 I RIOCEYICW I I ~~m I I I ~ I I -------r---R:?-ZON!NC-------! LOT 41 : LOT 40 -------+-------1 I I LOT 42 FNO. ./5 RCBAR W/ CAP LS ./15J21 I~ AS RIGHT -Of -WAY BY THIS PLAT BUILDING SE1BACK, TYP. LOT LINE HEREBY CREATED 6' DRY UTILITY ~" ''\ .....J_::.-AREA=lll 4 sr. 0 _ 03 AC . (10' fRONT , 5' SIDE, 15' REAR) ~ BY THIS PLAT, TYP. EASEMENT, TYP "'\ 32ND R.O.W. LINE YUKON COURT J--....... o~ C'> '\' ·~ R.O.W. MON #9349 • ~ \ \1 ~~~ O~EGINNING _ _ _ _ TO BE S£1 ':' ' ' ------J '\ \L . .J 8' UTILITY AND 1 L'± GAP TO ADJACENT lsuBOIVISIDN ORAINAG"t EASEMENT, TYP. I I I 466 .'oo'--x---x x--x---x 1 x-- FNO . ./5 RCBAR W/ CAP LS ./15J21 32ND AVE R.O.W. DEDICATION S00'19'27"E 310 .00' 8' UTILITY AND DRAINAGE EASEMENT, TYP. UNPLATTCO R-3 ZONING TRACT A 11469 SF 0.26 AC (SEE TRACT A NOTE ON SHE£1 1} : \ \ ~==~ ~-----~ ~-----~ ~-----~ ~-----1 I :---~~~;---: 48' R.O.w.---J 1 t I I 1 I I I I I : I 1 4002 Sf t l .. 1 1 : LOT 7 : I : LOT 8 ! I : LOT 9 : 1 • ..: LOT 10 I I I LOT 11 : ~.: 3~T3 ,;f :ft::ll 009 AC. : ~ ~I I 3820 sr !! 1 I 3735 SF '::> 1 I 3735 Sf 1 t-' ~7gi 16. 1 I~ ~7gi% I 1-' 0 09 AC I 1------1 I i om~ ! I! om~ ~~! om~ iIi iIi iIi . ,;/ ,::--~-:-::~~ I I t.J t-'1 I I I ) ' LOT 14 6193 SF 0 14 AC . '\' ' \\ I N:704027 71 E'118030.38 TRACT B 8667 Sf, 0.20 7 I I I I R.O. W. MDN #9348 TO BE SET RIGHT -Of -WAY WIDTH VARIES fOR YUKON COURT HEREBY DEDICATED BY THIS PLAT ,~('~~==1=~~~~:~~=~ :IT-~~,~~=c_-~~-_:~/ u: EASEMENT, TYP BUILDING SE1BACK, TYP. /;; ~ YUKON COURT (JD' fRONT, 5' SlOE. 15' REAR) /P -a::-- R.O.W. JolON /9351 TO BE SET YUKON COURT 'a> RIGHT -Of -WAY 08 AC . T \ I I \I 1 I I '~ I / PT . NO 16709 CENTER I CORNER. SECTION 26 fND Jl" BRASS CAP PLS# 13212 IN RANGE BOX STATE PLANE COORD N:/702739.030 LAT :N39'45' 43.488914 " E'3117671 .780 LON W105'04'53172273" CITY Of WHEAT RIDGE N:703168 57 E: 118458.25 8' UTILITY AND DRAINAGE EASEMENT, AREA RESERVED rDR FUTURE RIGHT-Of-WAY, (SEE TRACT 0 NOTE ON SHE£1 1) c. 6' DRY UTILITY AREA=47203 Sf, 1.~ r~~: -~~+--~-~q 1----~~~ ic-_ ~~ c--:v-c-_ c-l= ~ c-_ c-_! I 3967 SF I l"'_l LOT 19 I I LOT 18 I I LOT 17 I I LOT 16 I I LOT 15 I I 0 ·09 AC . I 3690 SF I to 3690 Sf I I~ 3690 Sf I I~ 3690 Sf I I!:: 3690 SF I I I 1-'1 0 .08 AC. I 1~, 0.08 AC . I 1-', 0.08 AC . I 1-', 0.08 AC . I 1-', 0.08 AC . I I I I I I I I I I I I I I I I I I I I I I I I I ~-----_! I I ~-----~ ~-----~ !,_ _____ ~ I I 8' UTILITY AND DRAINAGE EASOAENT, TYP . STORMWATER EASEMENT HEREBY DEDICATED BY THIS PLAT FNO NAil W/ 0/SC R-2 ZONING UNPLATTED PT. NO. 15709 NORTH I CORNER. SECTION 26 FND 3j" BRASS CAP PLSf 13212 IN RANGE BOX FNO . ./5 RCBAR W/ ~ CAP LS ./15J21 1 I I I I N:703862.69 (: 11 8255.32 ~I 30 15 D 30 SCALE : 1"•30' I I R -2 ZONING CXtSnNC 0 ORM iil 60 All 011.401SlONS SHOWN ARC U S SURVt'l' f([l --x--x-__ , ___ ,_ BENCHMARK ELEVATIONS ARE BASED ON THE CITY 0,-WHEAT RIDGE BM #PHAC 1 A CITY OF WHEAT RIDGE 9/16 STAINLESS STEEL ROD 12 FOOT LONG WITH SLEEV£ AND DATUM ACCESS COVER. STATE PLANE COORD N: 1705393.280 LAT :N39'46'09.720504" E:3117656.790 LON :WJ05'04'53 207629 ELEVATION • 5•71.62 fE£1 (NAV01988) DATUM N:703563.50 soo·,g'z7"E 60 oo· E: 11844 1. 0 ' CITY Of WHEAT RIDGE DATUM N·705823.48 E:118443.25 BASIS OF BEARINGS; I I I PROPERTY LINE RIGHT -Or -WAY LINE SECTION LINE SETBACK EASEMENT FOUND PIN AS DESCRIBED SECTION CORNER DESCRIPTIONS SURVEY CONTROL: S£1 f4 REBAR WITH CAP (PLS f23! CHAIN LINK FENCE BARB WIRE fENCE 0!-------------------------------N89'40'33"E l5.00' W~DSWORTH BOULEVARD --4»----------------------------'-.L-'--;:.:_~ v ------ BEARINGS ARE BASED ON THE SOUTHERLy LINE OF THE NORTHWEST QUARTER Of SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARING N89'45'02"E BETWEEN THE WEST QUARTER CORNER aEING A rDUND 3 J'. ALUMINUM CAP PLS # 13212 IN RANGE BOX AND THE CENTER ~~~iE~ C:CiR B~~NG A fOUND 3 )(" ALUMINUM CAP PLS # L __ __l.,_ __ .. .,--o ON 0 NUMBER Ll L2 lJ L4 L5 L6 L7 L8 L9 LID Lll Ll2 Ll3 Ll4 L 15 Ll6 Ll7 LIB Ll9 L20 L21 L22 L23 L24 L25 L26 L27 L28 L29 uo Ul L32 L33 L34 U5 U6 L37 L38 LJ9 L40 LINE TABLE DIRECTION N5Y44'D6"W S89'45'D2"W N89'45'D2"E N8!H5'D2"E N89'45'D2"E N89'45'D2"!: N89'45'D2"E N89'45'D2"E N89'45'D2"( N89'45'D2"E N89'45'D2"E N89'45'D2"E N89'45'D2"!: N89'45'D2"E N89'45'D2"E N89'45'D2"E N89'45'02"E N89'45'02"E N89'45'02"E N89'45'02"E N89'45'02"E N89'45'02"E N00'19'27"W N89'40'26"E N00'19'27"W 500'19'27"( S89'40'26"W NOD'19'27"W NOO' 19'27"W N00'19'27"W N53'27'34"W N00'19'27"W NOO'I9'27"W N00'19'27"W N00'19'27"W N00'19'27"W N00'19'27"W N00'19'27"W N00'19'27"W N00'19'27"W LENGTH 143.4D ' 6D 10' 59.55' 83.00' 83.00' 83.00' 83.00' 83.00' 68.98' 63.41' 63.41' 63.41' 63.41 ' 63.41' 111 .41 ' 81.84' 82.00' 82.00' 82.00' 82 .00' 82.14' 99.57' 223.94' 42.50' 284.94' 217.94' 70.34' 9 .63' 60.00' 60.00' 10.02' 24.91 ' 99 72' 69.00' 52.00' 45.00' 4500' 45.00' 4500' 50.00' YUKON GROVE SUBDIVISION, FILING NO. 1 A PARCEL OF LAND LOCATED IN THE NW 1/4 OF SECTION 26, T.3S ., R.69W ., OF THE 6TH PM CITY OFWHEAT RIDGE, COUNTY OFJEFFERSON, STATE OF COLORADO SHEET 03 OF 03 CURVE TABLE LINE TABLE NUMBER DIRECTION LENGTH L41 N00'19'27"W 48.00' L42 N00'19'27"W 55.00' L43 NOO'I9'27"W 55.50' L44 N00'19'27"W 55.50' L45 N00'19'27"W 55.50' L46 N00'19'27"W 55.50' L47 NOO'I9'27"W 35.00' L48 S89'45'02"W 63.41' L49 NOO' 19'27"W 3500' L50 N00'19'27"W 55.50' L51 NOO'I9'27"W 55.50' L52 NOO' 19'27"W 55.50' L53 N00'19'27"W 55.50' L54 N00'19'27"W 27.94' L55 N00'19'27"W 26.75' L56 N00'19'27"W 45.00' L57 NOO'I9'27"W 45.00' NUMBER OELTA ANGLE RADIUS ARC LENGTH CHORD DIRECTION CHORD LENGTIH C2 51'47'57" 17 .50' 15.82' S25'34'31"W 15.29' C3 51'47'57" 1750' 15.82' N26'13'26"W 15.29' C4 4727'40" 79.00' 65.44' S23'24'23"W 63.58' C5 89'59 '53" 20.00' 31.42' N44'40'29"( 28.28' C6 1737'59" 25.40' 7 .82' S44'40'29"W 7 79' C7 89'59'53" 68.50' 107 .60' N44'40'29"E 96.87 ' C8 42'32'13" 60.00' 44 .54' S68'24'19"W 43.53' C9 23'15'33" 68.50' 27 .81' 51 1'18'19"W 27.62' CIO 49'19'38" 68 .50' 58.97' S4735'54"W 57.17 ' Cll 1724'43" 68.50' 20.82' S80'58'04"W 20 74' Cl2 2o37'41" 58.50' 27 19 ' 538'48'33"!: 26.94' Cl3 65'49'09" 58.50' 67 .20' S0724'52"W 63.57' C14 51'56'24" 58.50' 53.DJ' 56o17'39"W 51.24' C15 09'12'14" 58.50' 142.0' NI8'07'46"W 109.67' Cl6 44'01'1 o· 17.50' 13.44' S29'27'54"W 0 .12' Cl7 746'47" 17 .50' 2.38' 50Y33'56"W 2.37' CIS 3'24'19" 79.00' 4.70' ND1'22'42"E 4.69' C19 35'33'05" 79 .00' 49 .02' N20'51 '24"( 48.24' L58 N00'19'27"W 45.00' L59 N00'19'27"W 45.00' L60 NOO'I9 '27"W 17 .19' L6 1 S00'19'27"E 42.63' L62 S00'19'27"E 45.00' L63 SD0'19'27"E 45.00' L64 S00'19'27"E 45.00' L65 sao· 19'27"E 40.31' L66 500'19'27"[ 45.00' L67 500'19'27"[ 45.00' L68 500'19'27"E 45.00' L69 500' 19'27"E 45.00' L70 SOO' 19'27"E 45.00' L71 500'19'27"[ 45.00' L72 500'19'27"E 60.00' L73 N89'45'02"E 22.53' L74 N89'45'02"E 37.47' L75 S89'45'02"W 37.47 ' L76 S89'45'02"W 22 .53' L77 N89'44'21"E 146.53' MONUMENT TABLE MONUMENT NUMBER NORTHING EASTING 9348 703166.62 118011.25 9349 703486.59 118009.44 9350 703578.87 118145 42 9351 703859 .52 118143.83 I 174 ___ _j_ EXHIBIT 5 '-~A~ -r-City of ?VVheatRi_dge PLANNING COMMISSION Minutes of Meeting November 20,2014 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair BRIN AN at 7:13 p.m. in the City Council Chambers of the Municipal Building, 7500 Wes 29111 venue, Wheat Ridge , Colorado . 2. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Staft:Members Present: Anne Brinkman Emery Dorsey Donna Kimsey Scott Ohm Steve Timms Alan ucknam Silke P pp Amanda Weaver Meredith Reckert, Senior Planner Kim Waggoner, Recording Secretary 4. APPROVE ORDER OF THE A<;ENDA It was moved b Commissioner TIMMS and seconded by Commissioner OHM to approve the o er ot: he agenda. Motion carried S-0. 5. APPROVAL OF MINUTES-November 6, 2014 It was moved by Commissioner OHM and seconded by Commissioner KIMSEY to approve the minutes of November 6, 2014, as written. Motion carried 3-0-2 with Commissioners BRINKMAN and TIMMS abstaining. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. Planning Commission MjnntPc November 20 , 2014 Attachment 3 - 1 - 7. PUBLIC HEARING A. Case No. WZ-14-08 & WS-14-04: Ms. Reckert presented the related cases together. She entered into the record the contents of the case file and packet materials , the zoning ordinance, the comprehensive plan and the digital presentation . She stated the public noticing and posting requirements have been met. Planning Commission is the final authority for the SDP and the Commission will make a recommendation to City Council for the subdivision plat. She reviewed the staff report and digital presentation. In response to Commissioner OHM's inquiry, Ms. Reckert stated the minimum lot area information is listed under the column labeled "Provided on Plat" on the ODP Comparison slide of the presentation and i would be appropriate to add a condition to eliminate the sidewalk along Tract A south of the crosswalk. Commissioner OHM inquired about ifth area in Tract A will be landscaped or paved and asked about the surrounding area around the d entjon pond. Ms. Reckert stated negotiations are continuing with Consolidated utual for the width of the easement and typically it a detention pond will be landscaped . Commi ssioner TIMMS asked how staff reviews and approves the landscaping for open tracts. Ms . Reckert stated staff does an internal review after the final civil documents are reviewed for functionality. Typically natural grasses and shrubbery are installed around it. Commissioner TIMMS asked if the four property owners are amicable to the solution for the property gap. Ms. Reckert replied yes. Commissioner TIMMS inquired about the house elevations for Lots 6, 7 , 13 and 14 in regards to model layout requirements and flexibility. Ms. Reckert deferred to the applicant. Commissioner TIMMS asked if there could be a row of the same models. Ms. Reckert replied preferably not. A condition could be included to eliminate the possibility. Commissioner KIMSEY inquired about Lot 14 as there is no plan option listed on the site plan . Ms. Reckert deferred to the applicant. In response to Commissioner DORSEY's inquiry, Ms. Reckert replied paragraph 3 on page 5 should read , "The proposed homes will be single and two-story", instead of "single and two-family". Planning Commission Minutes November 20, 2014 -2 - Chair BRINKMAN asked if all the adjacent residents have to agree on the gap agreement. Ms. Reckert stated no , there could be a jog in the western property line of the development. The boundary agreement will be recorded and referenced on the plat. Commissioner DORSEY asked if the four adjacent properties to the gap currently have fences. Ms. Reckert replied yes, they vary in height and material. The developer will add new six foot solid fence. Commissioner TIMMS asked if there was any record of anyone paying the property tax on the gap property. Ms. Reckert replied no. Bill Fritz 10827 Bobcat Terrace, Littleton 80124 Mr. Fritz stated the Jefferson County Assessor s office IS i they will follow up with taxes issues being addressed. ved in the gap issue and Commissioner TIMMS inquired about the vision with the differe t housing plans on the site plan page of the presentation. Mr. Fritz stated the layouts can be fliR ed either way. They do not want the homes to look the same. The market will dictate tr ch models will be placed on the lots. Commissioner TIMMS asked if Lots , , 13 & 14 are locked into certain plans. Mr. Fritz stated Lot 14 is the largest I , t and a aif erent model may be proposed as a larger house could fit on it. Commissioner TIMMS asked if a different p1an for Lo 14 would be allowed. Ms. Reckert stated s aff could approve a different design administratively as long as it is consistent wjth character. and architecture o the SDP. N opened t e public hearing Lor--raine Loeffler 3260 arrow St. Ms. Loe er expressed ~oncern about the "gap" property. It is her understanding that her property ext nds 5-feet beyond her fence. She has been paying taxes on that property since 1970 or -971. 141e property behind hers had previously been maintained by Xcel. CJ Rickstrew 3240 Yarrow St. Ms. Rickstrew indicated she spoke to the other four owners in question and they will not sign the agreement. The Ridgeview Estates plat states the five foot gap is for utility and water rights. She also expressed her concerns about the current traffic and the increase in traffic and property taxes. She is opposed to the plan. Planning Commission Minutes November 20, 2014 -3 - Chair BRINKMAN asked Ms . Rickstrew to point out 3260 -3240 Yarrow Street on the 5' Gap Exhibit. Chair BRINKMAN stated the five foot gap issue is not reflected adjacent to 3260-3240 Yarrow Street. Commissioner TIMMS asked engineering staff if the legal descriptions line up between the Yukon Grove subdivision and the Ridgeview Estates subdivision for Lots 43 & 45. Mr. Westberg stated there is not a property ownership gap adjacent to those lots. The property ownership gap is on the northern four lots of the Yukon Grove subdivision. Commissioner DORSEY stated when the Yukon Grove subdivision is developed the land behind Ms. Loeffler's property will be maintained . Commissioner KIMSEY asked if there a grade c ange where the 5 foot gap is located. Ms. Reckert relied no. Chair BRINKMAN closed public hearing. It was moved by Commissioner TIMMS and seconded by Commissioner OHM to approve Case No. WZ-14-08, a request for approval of a Specific Development Plan on property located at 7671 W. 32"d Avenue /3299 Wadsworth Boulevard, for the following reasons. 1. The proposed SDP is consistent with the approved ODP document. 2. All requirements for an SDP have been met. 3. The criteria used to evaluate an SOP have been met. 4. The proposed SDP will resultin a new housing option in the City. With the following conditions: 1. Sheet 3 be amended to include garage square footages in the building footprint totals. 2. Inclusion of the gap property into the SDP be allowed without any additional review by Planning Commission. 3. The developer work with City staff for a safe termination of sidewalk adjacent to Tract A. 4. No two of the same model and no two of the same style could be built adjacent to each other. There was some discussion about condition number 4. Chair BRINKMAN commented to Lorrain Loeffler and CJ Rickstrew and said the properties at 3260 & 3240 Yarrow Street are not adjacent to the unclaimed gap property. The gap is located adjacent to the northern properties on Yarrow. There is no unclaimed property adjacent to their property. Planning Commission Minutes November 20, 20 14 -4 - It was moved by Commissioner OHM and seconded by Commissioner KIMSEY to recommend approval of Case No. WS-14-04, a request for approval of a subdivision flat on property zoned Planned Residential Development located at 7671 W. 32" Avenue/3299 Wadsworth Boulevard for the following reasons: 1. The plat is consistent with the approved ODP document. 2. All requirements of the Subdivision Regulations have been met. With the following conditions: 1. The drainage agreement with the property owner to the north be executed and recorded prior to plat recording. 2. Sheet numbers and lots widths be added to Sheet 2 of the plat document prior to City Council public hearing. 3. The fees in lieu of parkland de i ation be paid prior to plat recording. 4. A standard SIA with security e executed prior to plat recording. 5. Inclusion of the gap proper ·nto the plat be allowed without additional review by Planning Commission. Chair BRINKMAN requested clarification fo SIA. Ms. Reckert replied Subdivision Improvement Agreement. Motion carried 5-0. Ms. Reckert stated the subdivision application will be heard by City Council on December 8, 2014 . 8. OTHER ITEMS A. Ms. Reckert introduced Sara White, Planner II and Josh Botts, Planner I. Ms . Reckert stated staff will start working on zoning code amendments after the first of the year. B. A study session for Planning Commission is scheduled for December 4th with the City Attorney to review meeting protocol , motions and Urban Renewal powers and duties at 6:00p.m. All meetings are open to the public. 9. ADJOURNMENT It was moved by Commissioner TIMMS and seconded by Commissioner DORSEY to adjourn the meeting at 8:19p.m. Motion carried 5-0. Anne Brinkman, Chair Planning Commission Minutes No v ember 20 ,2014 Kim Waggoner, Recording Secretary -5 - .... '~~ .... , ~ City of • ~WheatRi_dge ITEM NO:~ DATE: December 8 , 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 16-2014 -AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED GENERALLY AT 3400 YOUNGFIELD STREET FROM NEIGHBORHOOD COMMERCIAL (NC), RESTRICTED COMMERCIAL (RC), AND COMMERCIAL-ONE (C-1) TO PLANNED COMMERCIAL DEVELOPMENT (PCD) AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN (CASE NO. WZ-14-09/APPLEWOOD VILLAGE SHOPPING CENTER) D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS cgj ORDINANCES FOR 1ST READING (12 /08 /2014) 0 ORDINANCES FOR 2N° READING (1/12//2015) cgj YES City Manager ISSUE: The applicant is requesting a zone change from Neighborhood Commercial, Restricted Commercial and Commercial-One to Planned Commercial Development. The location of the zone change is the Applewood Village Shopping Center in the western quadrant of the City of Wheat Ridge. It is the intent of this application to incorporate new ownership parcels, consolidate the boundary of the center and to prepare several existing building pads for new development. While portions of the property have been zoned planned development for over forty years , there has never been a unifying zoning document. The proposed ODP will fulfill this need. The zone change and ODP approval is the first step in the process for approval of future development on this site. The second step ofthe process is the Specific Development Plan (SDP) and plat, which will be subject to Planning Commission and/or City Council review and approval. Council Action Form -Applewood Rezoning December 8, 2014 Page 2 PRIOR ACTION: Planning Commission heard the request at a public hearing on November 6 , 2014 and recommended approval with conditions . The staff report and meeting minutes from the Planning Commission public hearing will be included with the ordinance for second reading. FINANCIAL IMPACT: Fees in the amount of $1 ,573 were collected for the review and processing of Case No. WZ-14-09. BACKGROUND: Subject Property The Applewood Village Shopping Center is comprised of approximately 35 acres and is bordered by West 38 1h Avenue to the north , low density residential neighborhoods to the north and east, West 32 11d to the south, and Youngfield Street and I-70 to the west. The shopping center was initially developed in the early to mid-1960 's. The shopping center is comprised of numerous parcels and buildings and is the largest commercial center in the City. Existing businesses on the site include King Soopers , Walmart, Wells Fargo Bank and Applejack Liquor. The northern portion of the site is primarily zoned Planned Commercial Development. The southem portion has a mix of zoning including Restricted Commercial (R-C), Neighborhood Commercial (N-C), Commercial-One (C-1) and Planned Commercial Development (PCD). The center has been through a series of development plan amendments to facilitate new development as needed prior to new construction on the site. Most of the new development on the site will occur on the south end. The shopping center is located in a busy c01mnercial corridor and has easy access to l-70 through the 32 11d Avenue and Youngfield on/offramps. Youngfield and both West 32 11d and 38 1h Avenues are classified as minor arterials and carry numerous vehicles per day. The location is also a popular stop for travelers to and from the mountains who can fulfill most of their shopping needs in a single stop. Adjacent Zoning and Land Use Surrounding properties include a variety ofland uses. On the east and north sides of the center are residential neighborhoods , generally zoned R-lA. To the south across West 32 11d Avenue are a mix of homes and businesses. Abutting the property on the west is Youngfield and beyond that , I- 70. Propos ed Zoning and Outline Development Plan (ODP) The proposed ODP recognizes existing conditions and establishes standards and guidelines for new development areas. The ODP also include parcels which the owner, Regency Centers , has under contract for purchase. Council Action Form -Applewood Rezoning December 8, 2014 Page 3 Uses permitted under the existing ODP are C-1 uses. The C-1 zone district regulations allow office, service and retail uses, including large format retail stores. By following the C-1 regulations, the current protocol for new drive-through uses is to process a separate Special Use Permit. The proposed list has been expanded to allow C-1 uses which currently require a Special Use Permit for drive-through facilities as uses by right. This modification would accommodate uses such as fast food drive-throughs, fueling stations and drive-through banking facilities. Such uses would still be subject to City review and approval through the Specific Development Plan process. Development standards established by the ODP include a 0'-20' build-to line, a maximum of35% building coverage (526,803 square feet), 55% hard surfaced coverage, a minimum 10% landscaped coverage and maximum building height of 50'. Overall parking on the site is required at a rate of four spaces per I 000 square feet of gross building coverage which is consistent with the requirements in the zoning code for unified shopping centers over 100 ,000 square feet in size. Architecture will follow the requirements specified in the Architectural and Site Design Manual (ASDM). Minimal mention is made on the ODP regarding buffering for adjacent residential uses. This is of particular concern with the redevelopment area located in the southeast comer of the property. In addition to low density residential property to the east, there are substantial grade changes which will challenge mitigation efforts. For buffering purposes and to maintain compatibility with adjacent uses , Staff recommends language be added to the plan that development in this area includes consideration for upgraded vertical landscaping, reduction oflighting at night and business hour limitations. Guiding Documents When staff reviews a zone change application, there is specific criteria in Section 26-122.E. of the City Code which must be evaluated in regard to the request. One of the criteria is compliance with the City's guiding documents. In this case, there are four documents which must be considered: the Neighborhood Revitalization Strategy, Envision Wheat Ridge, I-70/Kipling Corridors Urban Renewal Plan and the City's Economic Development Strategy. The Neighborhood Revitalization Strategy identifies strategies for the City to become a "community of choice" by upgrading and increasing housing stock, being "open for business" through City processes and procedures and targeting underutilized properties for redevelopment. Envision Wheat Ridge is the City's Comprehensive Plan which designates this property as being Mixed-Use Commercial within a Community Commercial Center with Youngfield designated as a Primary Commercial Corridor. The 32nd A venue/I-70 interchange is also designated as a Primary Gateway into the City of Wheat Ridge. The Applewood Center is also a part of the /-70/Kipling Corridors Urban Renewal Plan. The Council Action Form -Applewood Rezoning December 8, 2014 Page4 Urban Renewal Plan was created to assist with redevelopment of properties in the defined area including development along the Youngfield/I-70 corridor by remediating and removing blight. The Plan identifies a unique opportunity to create a series of destinations that are both region- serving and locally supportive . The Plan authorizes Renewal Wheat Ridge (RWR) to undertake zoning and planning activities to regulate land use, maximum densities, and building requirements in the Plan area. The Economic Development Strategy was adopted with a broad goal of retaining and increasing retail and revenue-generating activities in commercial activity centers. The Applewood Shopping Center is the City's largest producer of sales tax revenues and is a primary shopping district for the surrounding neighborhoods. The rezoning of the center will support the Economic Development Strategy by promoting and marketing Wheat Ridge, creating new employment opportunities, retaining and attracting retail growth , and rehabilitating under-utilized retail space. Staff has concluded that the zone change and ODP document are consistent with the goals and objectives established by these documents. Further analysis of the zoning criteria will occur at the time of the City Council public hearing. Incorporation of the Sliver A small strip ofland located north ofthe parcel under contract at 12525 W. 32"d Avenue is under separate ownership from the shopping center and needs to be incorporated into the PCD and ODP. The owners of the Applewood Shopping Center have made attempts to purchase the parcel , but have been unable to do so because of the inability to locate the parcel owners, a long-dissolved corporation. Renewal Wheat Ridge is pursuing acquisition of this small parcel of land and City Council has approved the use of condemnation , should that be necessary. The property has been tax delinquent for many years. It is not buildable and is valued at slightly less than $1000 based on a recent appraisal that RWR commissioned. RWR then intends to convey the parcel to the shopping center owner. It is logical to consider rezoning the parcel so that it is incorporated into the overall development plans for the entire center. On August 25 , 2014, City Council authorized staff to initiate rezoning of the sliver. On October 27 ,2014 , City Council authorized Renewal Wheat Ridge to use eminent domain to acquire the parcel. REC OMMENDE D M OT IO N : "I move to approve Council Bill No . 16-2014, an ordinance approving the rezoning of property located generally at 3400 Youngfield Street from Neighborhood Commercial (NC), Restricted Commercial (RC), and Commercial-One (C-1) to Planned Commercial Development (PCD) and for approval of an Outline Development Plan on first reading, order it published , public hearing set for Monday, January 12 , 2015 at 7 p.m. in City Council Chambers , and that it take effect 15 days after final publication." Council Action Form -Applewood Rezoning December 8, 2014 Page 5 REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 16-2014 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER------- COUNCIL BILL NO. 16 ORDINANCE NO. ___ _ Series of 2014 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED GENERALLY AT 3400 YOUNGFIELD STREET FROM NEIGHBORHOOD COMMERCIAL (NC), RESTRICTED COMMERCIAL (RC), AND COMMERCIAL-ONE (C-1) TO PLANNED COMMERCIAL DEVELOPMENT (PCD) AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN (CASE NO. WZ-14-09/APPLEWOOD VILLAGE SHOPPING CENTER) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and, WHEREAS, Regency Centers, LLC has submitted a land use application for approval of a zone change to Planned Commercial Development for property located in the Applewood Village Shopping Center generally addressed as 3400 Youngfield Street; and, WHEREAS, the proposed zone change is supported by the City's guiding documents including the Neighborhood Revitalization Strategy, Envision Wheat; the 1-70/Kipling Corridors Urban Renewal Plan and the City's Economic Development Strategy; and, WHEREAS, the zone change criteria specified in Section 26-112 support approval of the request, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Regency Centers for approval of a zone change for property located generally at 3400 Youngfield Street from Neighborhood Commercial (NC), Restricted Commercial (RC), Commercial-One (C-1) and Planned Commercial Development (PCD) to Planned Commercial Development and for approval of an Outline Development Plan, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: A parcel of land located in the Northwest One-Quarter of Section 29, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, more particularly described below: Commencing at the Southeast corner of the Northwest One-Quarter of said Section 29 and considering the South line of said Northwest One-Quarter to bear S89°29'29"W with all bearings herein relative thereto; ATTACHMENT 1 Thence along said South line, S89 °29'29"W a distance of 1263 .09 feet; Thence N00 °30'31"W , a distance of 98 .24 feet to the Point of Beginning , said point be ing on the East Right-of-Way for Youngfield Street and 60 .00 feet East of the West line of the Southeast One-Quarter of the Northwest One-Quarter of said Section 29 ; Thence parallel to the West line of the Southeast One-Quarter of the Northwest One- Quarter of said Section 29 , N00 °54'01 "W, a distance of 556 .10 feet to the Southwest corner of Lot 1, Applewood Village Shopping Center Subdivision Thence the following ten (10) courses along the West, North and East boundaries of said Lot 1: 1. Continuing parallel to the West line of the Southeast One-Quarter of the Northwest One-Quarter of said Section 29 , N00 °54'01"W , a distance of 667.77 feet; 2 . N89 °26'17"E , a distance of 150.00 feet ; 3 . N00 °54'01"W , a distance of 200 .00 feet; 4. S89 °26'17"W , a distance of 150 .00 feet ; 5. Parallel to the West line of the Southeast One-Quarter of the Northwest One- Quarter of said Section 29 , N00 °54'01 "W , a distance of 135.14 feet ; 6 . Along the arc of a non-tangent curve to the right having a rad i us of 182 .00 feet and a central angle of 7r25'57", an arc distance of 245 .96 feet with a chord bearing N3r48'56"E, a distance of 227.67 feet to a point on the South Right-of- Way for W . 38 1h Ave.; 7 . Along said South Right-of-Way , N76 °31 '47"E , a distance of 701.71 feet ; 8 . S00 °46'08"E , a distance of 670 .37 feet; 9. S89 °26'17"W , a distance of 0 .68 feet; 10. S00 °53'19"E , a distance of 762.82 feet to the Northeast corner of Lot 2 , Applewood Village Shopping Center Subdivision ; Thence continuing , S00 °53'19"E along the East line of said Lot 2 , a distance of 133 .50 feet to the Northwest corner of Lot 19 , Applewood V illage ; Thence the follow ing four (4) courses along the Northerly, Easterly and South boundaries of Lots 19 and 20 , Applewood Village : 1. S48 °30'24"E , a d istance of 234.05 feet ; 2 . Along the arc of a non-tangent curve to the left having a radius of 45 .00 feet and a central angle of 188 °38'41", an arc distance of 148.16 feet with a chord bearing S3r10'16"W, a distance of 89.74 feet ; 3 . S00 °54'01 "E , a distance of 38 .91 feet ; 4 . S89 °29'29"W , a distance of 117 .57 feet to the Southwest corner of said Lot 20 ; Thence continuing , S89 °29'29"W , a distance of 37.43 feet to the Northeast corner of Lot 23 , Applewood Village ; Thence along the east line of said Lot 23, S00 °54'01 "E, a distance of 115.21 feet to a point on the North line of the parcel described by the Special Warranty Deed recorded at Reception No. 2008031587 ; Thence the following two (2) courses along the North boundary of said parcel : 1. N82 °31'21 "W , a distance of 83.90 feet ; 2. N88°13'59"W, a distance of 72.07 feet to the Northeast corner of the parcel described by the Bargain and Sale Deed recorded at Reception No. 2008093175; Thence the following ten (1 0) courses along the Northerly boundary of said parcel: 1. N88°14'22"W, a distance of 58.35 feet; 2. Along the arc of a non-tangent curve to the left having a radius of 9.50 feet and a central angle of 8r14'16", an arc distance of 14.46 feet with a chord bearing N44°37'16'W, a distance of 13.11 feet; 3. S89°05'15"W, a distance of 87.36 feet; 4. S00°24'32"E, a distance of 8.16 feet; 5. Along the arc of a curve to the right having a radius of 9.50 feet and a central angle of 89°32'21", an arc distance of 14.85 feet with a chord bearing S44°21'39"W, a distance of 13.38 feet; 6. S89°07'49"W, a distance of 136.21 feet; 7. Along the arc of a non-tangent curve to the right having a radius of 9.50 feet and a central angle of 90°40'44", an arc distance of 15.04 feet with a chord bearing N45°31'50"W, a distance of 13.51 feet; 8. N00°11'28"W, a distance of 2.00 feet; 9. S89°48'32"W, a distance of 32.54 feet; 10. Thence S00°54'01"E, a distance of 4.64 feet to the Northeast corner of the parcel described by the Special Warranty Deed recorded at Reception No. 2011 096840; Thence along the North line of said parcel, S89°29'29"W, a distance of 149.91 feet to the Northeast corner of the parcel described by the Special Warranty Deed recorded at Reception No. 2011096812; Thence the following two (2) courses along the North line of said parcel: 1. Continuing S89°29'29"W, a distance of 100.77 feet; 2. Along the arc of a curve to the right having a radius of 39.50 feet and a central angle of 89°36'53", an arc distance of 61.78 feet with a chord bearing N45°42'05"W, a distance of 55.67 feet to the Point of Beginning; Containing 1 ,505,152 square feet or 34.554 acres, more or less. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative objective sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed . If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of_ to_ on this 81h day of December, 2014 , ordered it published with Public Hearing and consideration on final passage set for Monday, January 12, 2015 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29 1h Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 81h day of December, 2014. SIGNED by the Mayor on this ___ day of _______ , 2014. ATTEST: Janelle Shaver, City Clerk 1st publication: 2nd publication: Wheat Ridge Transcript: Effective Date: Joyce Jay , Mayor Approved as to Form: Gerald Dahl, City Attorney ~ . ~ -~ ... City or ,?WlieatRi_dge ITEM NO:~ DATE: December 8, 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 17-2014 -AN ORDINANCE VACATING ANY INTEREST OF THE CITY IN A PORTION OF 44'h A VEN UE D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTION S QUASI-JUDICIAL: -.,7 , t_,// C ity Attorney ISS UE: IZ! ORD INANCES FOR 15T READING (December 8. 2014) 0 ORDINANCES FOR 2'l0 READING (J anuary 12, 2015) D YES An o rdinance vacating any interest of the City in certain land adjacent to, and potentially a part of, the 441h Avenue right-of-way. PRJOR ACTION : None BAC KGROUND : The Wheat Ridge Housing Auth ori ty has previously purchased from the Jefferson County School District the Fruitd ale Elementary School. The Authority h as entered into a contract w ith the Fruitdale B u ilding Corporation for sale o f the p roperty a nd its continued usc as a school, a lon g w ith restrictions preserving the architectural features and n ame of the school. In preparing th e title work for the transfer, a potential defect has been discovered -there is some inaccuracy in the original deed. creating a potential claim that approximately 31 feet of the property o n the southern side, bordering 441h A venue, mi ght have been subject to a dedication as right-of-way. This a rea is not used in any way by the Ci ty as right-of-way, and in fact is outside of any potential for such use. Jn order to help clear tit le to this area and faci litate the Authority's sale of the p roperty, it is requested that the Counc il act to vacate any interest of the Ci ty in this area. Counci l Action Fonn-Vacating Right-of-way December 8. 20 14 Pa ge 2 R ECO MMEN DAT IO NS: Staff recommend s approval of the ordinance. RECOMMEN D E D M OTION: ·'J mo ve to approve Council Bill No. 17-2014, an ordinance vaca ting any interest held by the Ci ty in a porti on of 44111 A ve nue on tirst read ing; order it publi shed , publi c hearing set for Mon da y. January 12, 2015 at 7:00p.m. in City Council Chambers, and that it take effect 15 da ys after final publication. Or. "I move to postpone indefinit ely Council Bill 17-2014 vacati ng any interest held by th e City in a portion of 44 1h Avenue for the following reason(s) ." R E PO R T PR EPAR ED BY : Gerald Dahl. Ci ty Attomey Patrick Goff, City Manager ATTACHMENTS: I. Cou ncil Bill No. 17-20 14 CI TY OF WH EAT RIDGE , COLORADO INTRO DUC ED BY COUNCIL MEMBER ___ _ COUNC IL B I L L N0.17-2014 ORDINANCE NO . ___ _ Series 2014 TI TL E : AN ORDINANCE OF TH E CITY OF WHEAT VACATI NG ANY INTEREST HELD BY THE CITY IN A PORTION OF 44TH AVENUE , A PUBLIC ROADWAY WHEREAS , the City of Wheat Ridge ho lds public rights-of-way in trust for the public and the landowners abutting such rights-of-way; and WHEREAS, due to a potentially inaccurate legal description , certain property lying immediately north of 44th Avenue may be subject to a dedication as a part of the 441h Avenue right-of way; and WHEREAS, pursuant to the authority granted by C.R.S . §§ 31-15-702(1)(a)(l) and 43-2-301 et seq .. the Council of the City of Wheat Ridge , Colorado, has determined that the natu re and extent of the public use and the public interest to be served is such as to warrant the vacation of this area ; and WHEREAS, the portion of the 44th Avenue right-of-way to be vaca ted and which is the subject of this ordinance is more fully described on Exhibit A attached hereto and fully incorporated herein by this reference ; and WHEREAS , no property abutting said public roadway will be left without an established public road or private-access easement connecting said land with another established public road . NOW THEREFORE BE IT ORDAIN ED B Y THE CI TY COUNC IL OF THE CITY OF WHEAT RIDG E, CO L ORADO : Secti on 1. Vacati on . To the extent of any City interest therein , the following portion of the 441h Avenue right-of-way is hereby vacated , the same being no longer required for public use and the public interest will be served by such vacation : as more particularly shown on the attached Ex hibit A . Section 2. Severability, Confli cti ng Ordinances Repea l ed . 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. Record ing . This Ordinance shall be filed for record with the office of the Jefferson County Clerk and Recorder. Se ct ion 4. Effe ctive Date . Th is Ord inance shall take effect fifteen (15) days after final publication , as provided by Section __ of the Charter. INTRODUCED, READ , AND ADOPTED on first reading by a vote of_ to _ on this __ day of , 2014 , ordered published in full in a newspaper of general ci rculat ion in the City of Wheat Ridge, and Public Hearing and consideration on fina l passage set for , 2015 at 7 :00 p .m ., in the Council Chambers , 7500 West 291h Avenue , Wheat Ridge , Colorado . READ , ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _, th is day of , 2015. SIGNED by the Mayor on th is __ day of _____ , 2015. ATTEST: Janelle Shaver, City Clerk First Publication : Second Publ ication : Wheat Ridge Transcript Effective Date: Published : Joyce Jay, Mayor Approved as to Form Gerald E. Dahl , City Attorney Wheat Ridge Transcript and www .ci.wheatridqe.co .us 2 \ ", .~ r Ci ty of _?Wlie atR!_dge ITEM NO:~ D ATE: December 8, 20 14 REQUEST FOR CITY COUNCIL ACTION TITLE : RESOLUTION NO. 63-2014 -A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2014, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE CITY OF WHEAT RIDGE , COLORADO FOR THE 2015 BUDGET YE AR 0 PUBLIC HEARING D BIDS/MOTIONS IZI RESOLUTIONS QUAS I-JUD ICLAL: IS S UE: D ORDINANCES FO R I ST READING D OROJNANCES FO R 2ND READ ING D YES C ity Manager Levyi n g property taxes for the 2014 fisca l year PRIOR ACTION : None FI NANCIAL IMPACT: The City's mill levy will be set at 1.830, raising $739,930 in property tax revenue. BA C KGROUN D: Section 39-5 -128 of the Colorado Revised S tatutes (C.R.S.) requ ires the Jefferson County Assessor to cert ify to the City the total va luation for assessment of a ll taxab le property located within the territoria l lim its of the City of Wheat Ridge. T h e total net assessed valuation for the City for the year of 20 14 is $404,333,556 which is a decrease of$6,534,632 compared to the year of 2013. The City is also required by this same section of the C.R.S. to officially certify the property tax mill levy to the Jefferson County Board of County Commissioners by December 15, 2014. The City's property tax mill levy will remain at 1.830 mills for the 2015 budget, potentially raising $739,930 in property tax revenue, a decrease of$11 ,959 compared to 2013. Council Action Fonn December 8, 2014 Page 2 Section 20 of Article X of the Constitution of Colorado. the Taxpayers Bill of Rights (TABOR). restricts increases in property tax revenue to inflation plus local growth (defined as the percentage change in actual value of real property from construction of taxable real property improvements). Wheat Ridge voters exempted the City from this TABOR revenue limitation at the November 2006 election. However, TABOR s till restricts the City from raising the property tax mill levy without voter approval unless the mill levy was temporari ly reduced in a previous year. R ECOMMEN D ATIO NS: Set the mill levy al I .830. RECO MMEN D ED MOT ION: ''I move to approve Resolution No. 63-2014. a re solution levying a mill lev y of 1.830 on general property taxes for the year 2014. to help defray the costs o f government for the City of Wheat Ridge. Colorado for the 2015 budget year." Or. "I move to table indefinitely Resolution No. 63-2014, a resolution levying a mill levy of 1.830 on general property taxes for the year 2014, to help defray the costs of government for the City of Wheat Ridge, Colorado for the 2015 budget year for the following rea so n(s) " R EPORT PR E PA R E D/R EV IEW ED BY : Heather Geyer, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: I. Resolution No. 63-2014 2. 2014 Certification of Value from Jefferson County CITY OF WHEAT RIDGE , COLORADO RESOLUTION NO . 63 Series of 2014 TITLE: A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR OF 2014, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE CITY OF WHEAT RIDGE , COLORADO FOR THE 2015 BUDGET YEAR WHEREAS , the City Council of the City of Wheat Ridge adopted the 2015 annual budget on December 8 , 2014 in accordance with the Local Government Budget Law, and; WHEREAS, the amount of money necessary to balance the budget for general operating purposes from real property tax revenue is $739 ,930 , and ; WHEREAS, the Local Government Budget Law requires certification of the annual property tax mill levy by December 15, 2014 , and; WHEREAS , the total net assessed valuation of all taxable property subject to taxation for the year of 2014 is $404,333,556 and ; WHEREAS , the City for the fiscal year 2014 has determined to levy 1.830 mills on all taxable property within the City; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE : A. That for the purpose of meeting all general operating expenses of the City of Wheat Ridge during the 2015 budget yea r, there is hereby levied a tax of 1.830 mills placed upon each dollar of the total valuation of all taxable property within the City of Wheat Ridge for the year 2014. B. That the Mayor of the City of Wheat Ridge is hereby authorized and directed to immediately certify to the County Commissioners of Jefferson County, Colorado the mill levy fo r the City of Wheat Ridge as herein above determined and set. DONE AND RESOLVED THIS __ day of _____ , 2014. Joyce Jay, Mayor ATTEST: Janelle Shaver, City C lerk Attachment 1 _31_1o ___ Count) Ta-t Entll) Code DOLA LGLD SID ----'--- CER T I F I CATION O FT AX LEVI ES for NO N-SCHOO L G ove rnments TO: Coon~Commi~ooe~1 of_Je_f_fu_r_w_n~C~o_u_M~y ________________ ~·~C~o~l~o_rn_d~o_. O n behalf of the ___ C_it-"-y_o_f_W_h_e_a_t _Ri_.d_,g'-e--------.-----------------'-. \ (taxmg cnmy) th e ___ C_i~~~C_o_u_nc_i_l ________________________________ _ B (govemmg txldy) ofthe ____ C~i~ty~o~f~Wh~~e_at_R_i~d~g~e--------~-------------c (local govcmm~'11t) He r e b y officially certifies the fo ll owing mills to be levied against the taxing entity's GROSS $ _4-=-04.....;''--4.,54,-:'-=-1 ~14.;,.._ ______________ _ assessed valuatio n of: (G ROSS 0 assessed 'nluation. Line 2 of the Ccntficuuon of Valuation Fcmn DLG 57[) Note: If the asse~sor certified a NET assessed valuati on (A V) different than Lhe GROSS A V due to a T ax In crement Financing (TIF) Arei the tax levies m ust be $ 404 ,333,556 ~~~~---------------------------------calcu lated using the NET A V . The taxing entity's total !NET assessed vaiU<JIIon. Ltn e 4 of the c~-nificauon ofValuauon Fonn DLG 57) property tax revenue will be derived fr om the mill levy multiphed against the NET ac;sessed valuation of: S ubmitted : (tltltlatcnhan !Aoc . 15) 10129120 13 (nun dd yyyy) PU RPO SE <~cc end note:. for dc:fimuon~ and examples) l. General Operating Ex penses" 2. <M inus > Temporary General Property Tax Cred it/ T emporar y Mill Levy Rate Reduction' SUBTOTAL F OR GENERAL OPERATI NG: 3. General Obligation Bonds and In terese 4 . Contractua l Obligations" 5. Capital ExpendituresL 6. Refund s/ Abatements '1 7. Other' (spec1fy): for budget/fiscal year 2014 {)'>)')') L EVY2 RE VENUE2 1.830 mills $ 739,930 < > mill s $< 1.830 lmm s Is 739 ,930 mills $ mills $ mill s $ mills $ mills $ mill s $ TOTAL . [Sum of Gcncral Operoun~ ] • Subtotal and Ltn~ 3 to 7 1.830 lmill s I $739,930 Contact person: Daytime (print) _P_a_tn_·c_k_G_o_ff _________ phone: (303) 235-2805 S igned: Title: C ity Manager ltrc/ude one copy oftlri:. tax entity':. completed fomr 11/renfi/mg the local go'·~mmem's budget by January 3/:.t. per 19-1-113 C.R.S .. 1111/r tire D11·isron of Local Go1emmcnt (DLG). Room 521. 1313 Shennan Street. Dem·er. CO 80203 Question.\? Call DLG at (303) 866-J /56 1 If the taxing entity's boundaries include more than one county. you must certify the levies to each county. Use a separate fonn for each county and cenify the same levies uniformly to each county per Article X. Section 3 of Lhe Co lorado Constitution. > 2 Levies must be rounded to Lhree decimal places and revenue mu st be calculated fr om the total NET assessed wtluation (Li ne 4 of Fom1 DLG57 on the County Assessor's final certification of valuation). Fonn DLG 70 (l'e' 7 OR) Attachment 2 Page I of4 "~ 4. ~ City of JP'WheatRi_dge ITEM NO:~ DATE: December 8, 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO ELECT THE MAYOR PRO TEMPORE D PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: ISSUE: 0 ORDINANCES FOR 1 ST READING 0 ORDINANCES FOR 2N° READING D YES Each year City Counci l members nominate by secret paper ballot, and elect by a majority vote, a Mayor Pro Tempore (ProTem) who serves until their successo r is elected. The Council is encouraged to confirm the nomination unanimously. Each Cou nc i.l Member has been provided a nomination form in their agenda packets. Each Council Member is asked to comp lete the form , fold it and hand it to the City Clerk during the hearing of this item. The City Clerk will announce the results of the secret ballot. FINANCIAL IMPACT: None BACKGROUND: Mayor Pro-Tem authority and duties include: l. Presiding over the meetings of Council in the absence of the Mayor 2. Functioning as the Counci l Parliamentarian and advising the Chair and Council Members on Parliamentary rules 3. Reviewing and setting the Council agenda prior to Council Meetings 4. Determining emergency items at Council Meetings 5. The Mayor Pro Tern has the authority to pull an item off the agenda with the exception of an item placed on the agenda by two Council Members 6. Arranging and coordinating the orientation of all newl y-elected officials within two months after the election. Council Action Form -Election of Mayor Pro Tern December 8, 2014 Page 2 RECOMMENDED MOTION: "I move to elect as Mayor Pro Tempore, effective immediately, term to expire upon election of their successor." REPORT PREPARED/REVIEWED BY: Janelle Shaver, City Clerk Patrick Goff, City Manager ATTACHMENTS: 1. Mayor Pro Tern nomination form Below Space For Office Use Only Cou ncil Nom ination for Mayor Pro Tempo re Council Rult.-s. CHAIRMAN. MAYOR PRO TEM AND THEIR DUTIES. Section B.( I): At the first or second business meeting in Nov<.'111bcr of each year. the Council shall nominate by secret paper ballot, and elect by motion upon a majority vote, a Mayor Pro Tern whtl shall serve unrilrheir successor is elected TI1e Council b cnco\Jnlgcd to confirm the nomination unanimously . Name of Co uncil Member to be nominated This Council Member nominalion of candidate for M ayor P ro Tempore was made and submitted to the City C lerk on this 8th day of December, 20 I 4. City Clerk:---------- Attachment 1 City llf Wheat Ridge Fonn Rev .. 06/09 ~ • 4 -" .. City of _?Wheat~dge ITEM NO: II. DATE: December 8, 20 14 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 64-2014 -A RESOLUTION APPROVING AN INTERGOVERMENTAL AGREEMENT WITH THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND THE REGIONAL TRANSPORTATION DISTRICT FOR THE CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL ~ROVEMENTS FOR THE ARVADA CHANNEL, BETWEEN MILLER STREET AND OAK STREET 0 PUBLIC HEARING 0 BIDS/MOTIONS 1:8] RESOLUTIONS ISS UE : 0 ORDINANCES FOR 1 ST READING 0 ORDINANCES FOR 2ND READING 0 YES City Manager An intergovernmental agreement (IGA) is required between the Urban Drainage and Flood Control District (UDFCD), the Regional Transportation Di strict (RTD). and the City concerning the construction of stonn sewer proposed to serve the Gold Line Commuter Rail System. A separate, previous IGA between UDFCD and the City provided financing for the design of the project and acquisition of an easement between Miller and Oak Streets to construct the project. This IGA would provide the funding for the remaining construction of the project by RTD. Thi s project will provide the last segment to complete the drainage outfall which serves adjacent areas between the Target in Arvada and the future Ward Road Rail Station. PRIOR ACTION: On April 14, 2008, the City Council approved an IGA with the UDFCD for the extension of a stonnwater system, the Arvada Channel, from Miller Street to Oak Street, south of 501h Avenue for $325,000. This 2008 Arvada Channel IGA also included the design and acquisition of a drainage easement for the project. On September 14, 2009. the City Council Action Fonn -Arvada Channel IGA December 8, 2014 Page2 Council voted to delay the construction of the project due to funding concerns, but proceeded with the acquisition of the required easement. On April 25, 2011, the City Co uncil approved an lGA with the RTD for funding the City's local match for the FasTracks Gold Line project. This 2011 Gold Line IGA required the City to construct a portion of a related regional stonn sewer, the Ridge Road Tributary Outfall (RRTO), in the southern portion of the RTD railroad right-of-way from Ward Road to the City boundary east of Simms Place. On May 23, 2011, City Council then approved an IGA with the City of Arvada and U DFCD concerning the construction of the RRTO along the Gold Line corridor. This 20 11 RRTO IGA provided funding. $50,000. for the design of the RRTO. On April 23. 2012. C ity Counci l approved an amendment to the 20 II RRTO IGA that provided additional funding. $700,000. for the construction of the RRTO. Because of the complex nature of the IGAs and amendments, the table shown in Attachment 2, 1GA lnfonnation. was prepared. FINANCIAL IMPACT: The 20 14 Arvada Channel lGA does not require the City to contribute additional funding at this time. An amendment to thi s agreement will be proposed in early 2015 to complete the funding of the co n struction of this project. Additional funding in an estimated amount of $350,000 will be required from the City at that time. BACKGROUND: The 1994 Columbine Basin Outfall Systems Planning Study. sec Attachment 3. identified many improvements within the Columbine Basin, which covers the portion of the C ity north of Interstate 70. UDFCD, in cooperatio n with the City of Arvada, ha s constructed the Arvada Channel downstream of Miller Street. with the latest addition being a box culvert. completed at the time of the Target development. Since 2011. several segments of the RRTO have been constructed in conjunction with the Gold Line construction. In 2008, UDFCD funding became available for the completion of the Arvada Channel from Miller S treet to Oak Street. The 2008 Arvada C hannel IGA was entered into by the City with UDFCD to address funding the project, with UDFCD and the City each contributing $325,000. ln 2009. the project's design engineers detennined that the origi na l design proposed for the open chrumel would not be feasible due to high ground water. Adequate funding was not availab le to construct the more expensive box culvert that was needed. As a result, the constructi on project was postponed indefinitely by the City Council on September 14, 2009. However, the decision was made to complete the design and finalize the acquisition of the needed easement from the State Land Board. UDFCD acquired the drainage easement across the state property and assigned its interest to the City. which was accepted on April 23. 2012. The project was then closed and UDFCD returned approximately $280,000 to the City from the 2008 Arvada Channel Council Action Fom1 Arvada Channel lGA December 8, 20 14 Page 3 I GA. All of the local agencies along the Gold Line were required to provide a local match for the cost of the construction of the commuter rail line; the City's share was $1.5 million. On April 25, 2011, the City Council approved an IGA with RTD in which the City would construct a portion of the RRTO in the southern portion of the RTD railroad right-of-way from Ward Road to the City boundary east of Simms Place to meet its local match. In collaboration with UDFCD and the City of Arvada, the Cities arranged to have UDFCD construct the RRTO from Ward Road to the property northwest of the Medved dealership. The resulting 201 1 RRTO IG A, for $50,000, and the 20 12 amendment, tor $700,000, funded the design and construction of the RRTO by UDFCD. The totaJ funding in the 20 11 RRTO IGA was $3.2 million with UDFCD's and the City of Arvada's contributions. At the completion of the RRTO project, the City had approximately $87,000 remaining in the fund. In order to mitigate the downstream impacts of the Gold Line project, RTD has constructed a large regional stormwater facility on the property northwest of the Medved dealership. In addition, RTD has constructed a storm sewer/open channel system from the regional stormwater facility to the west side of Oak Street. To complete the system between Oak and Miller Streets, RTD bad planned on constructing a temporary system. consisting of open channels and large culverts. RTD approached the City and UDFCD in January of this year to discuss the poss ibility of working together to construct the Arvada Channel box culvert instead of the tempo rary system. Since that time, City staffhas been working with UDFCD and RTD to finalize the design, using about half of the remaining funds from the RRTO project. The funding included in thi s 2014 Arvada ChannellGA for the construction of the Arvada Channel box culvert is as follows: RTD UDFCD City Total $1 ,500,000 -funds RTD would have spent on a temporary system $647.178 -funds remaining from RRTO and a delayed Lakewood project $48.642 -funds remaining from RRTO $2,195.820 In early December 2014, RTD received a bid from their o n-call contractor for just under $2.5 million. RTD is recommending a contingency of I 0%. so the final cost is estimated to be $2.7 million. UDFCD will be able to provide an additional $150,000 in 2015. The additional fund s (currently estimated at $350,000) will need to be provided by the City. Once UDFCD's additional funds become avail able in early 2015, an amendment to the 20 14 Arvada Channel lGA will be prepared. The City's local match will be requested at that time. This portion of the Arvada Channel box culvert is the last link in this critically important segn1ent of the stormwater system from Ward Road Station to the existing Arvada Channel box culvert at Miller Street. In 20 II, during negotiations with RTD on costs, City staff estimated that the construction of this entire system would be $8 to $9 million. The City's s hare of the work that has already been completed by UDFCD and RTD, is less than $800,000. Even with an Council Action Form-Arvada Channel IGA December 8, 20 14 Page4 add itiona l con tribution of$350,000, the City's total contributions toward the completion of the system would be $1.15 million, which is less than I 5% of the $8-$9 million estimated in 20 I I . REC OMMEN DAT IO NS: Staff recommends that the 2014 Arvada Channel IGA be approved. The City Attorney has reviewed the IGA and does not have significant concerns. R EC OMMEN DED MOT ION : "I move to approve Resolution No. 64-2014, a resolution approving an IGA with the Urban Drainage and Flood Control District and the Regional Transportation District for the construction of the Arvada Channel." Or: "I move to table indefinitely Resolution No. 64-2014, a resolution approving an lGA with the Urban Drainage and Flood Control District and the Regional Transportation District for the construction of the Arvada Channel for the following reason(s) RE PO RT PRE PARED /R EV IE\VE D B Y: Mark Westberg. Project Supervisor Steve Nguyen, Engineering Manager Scott Brink, Public Works Director Patrick Goff. City Manager ATTACHMENTS: I. Resolution No. 64-2014 2. IGA Jnfonnation 3. Columbine Basin Storn1 Sewer 4. 2014 Arvada Channel IGA 5. Krische Construction Estimate TITLE : CITY OF WHEAT RIDGE , COLORADO RESOLUTION NO . 64 Series of 2014 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND THE REGIONAL TRANSPORTATION DISTRICT FOR THE CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR THE ARVADA CHANNEL, BETWEEN MILLER AND OAK STREET WHEREAS , the City Council wishes to construct the Ridge Road Tributary; and WHEREAS , the City has negotiated an intergovernmental agreement with the Urban Dra i nage and Flood Control District and the Regional Transportation District for the local funding of the project; NOW , THEREFORE, BE IT RESOLVED by the Wheat Ridge Ci ty Council , that: 1. Intergovernmental Agreement Approved The Intergovernmental Agreement between the City and the Urban Drainage and Flood Control District and the Regional Transportation D istrict for construction of the Ridge Road Tributary is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same. 2. Effective Date ----- This Resolution shall be effective immediately upon adoption . DONE AND RESOLVED this __ day of _____ , 2014. Joyce Jay, Mayor ATIEST: Janelle Shaver, City Clerk Attachment 1 IGA Information IGA Date Parties Scope City Funding 2008 Arvada ChanneiiGA 4/14/2008 City, UDFCD Arvada Channel -Oak to Miller Street $ 325,000 2009 Arvada Channel Amendment 9/14/2009 City, UDFCD Arvada Channel-Oak to Miller Street $ {280,000) 2011 Gold Line IGA 4/25/2011 City, RTD Gold Line Local Match* $ 2011 RRTO IGA 5/23/2011 City, Arvada, UDFCD Ridge Road Tributary Outfall -Design $ 50,000 2012 RRTO Amendment 4/23/2012 City, Arvada, UDFCD Ridge Road Tributary Outfall -Construction $ 700,000 2014 Arvada Channel IGA Pending City, UDFCD, RTD Arvada Channel -Oak to Miller Street $ 2015 Arvada Channel Amendment Pending City, UDFCD, RTD Arvada Channel -Oak to Miller Street $ 350,000 Total Funding $ 1,145,000 * The required local match of $1.5 million was met by the co nstruction of the RRTO . Atta chment 2 Columbine Basin Storm Sewer Attachment 3 AGREEMENT REGARD ING CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR ARVADA CHANNEL (MILLER STREET TO OAK STREET) Agreement No. I 4-08.04 TH IS AGREEMENT. made this day of 2014, by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRJCT (hereinafter called "DISTRICT"), CITY OF WHEAT RIDGE (hereinafter called "CITY"), and REGIONAL TRANSPORTATION DISTRICT (hereinafter called "RTD") and collectively known as "PARTIES"; WITNESSETH: WHEREAS, DISTRICT, in a policy statement previously adopted (Resolution No. 14, Series of 1970 and Resolution No. II , Series of 1973) expressed an intent to assist public bodies which have heretofore enacted floodplain regulation measures; and WHEREAS, DISTRICT and CITY participated in a joint planning study titled "Outfall Systems Planning, Columbine Basin" by Muller Engineering Company, Inc., dated December 1994 (hereinafter called "PLAN"); and WHEREAS, DISTRJCT and CITY cooperated in the preparation of"Construction Drawings for Construction of Arvada Channel (Miller Street to Oak StTeet)" b)' Muller Engineering Company, Inc .. dated August 2014. Monies for these Construction Drawings were provided by CITY and DISTRICT, under a separate agreement and outside of the monies provided by DISTRICT and CITY for this Agreement: and WI IEREAS. CITY and RTD , with DISTRICT assistance. have acquired the nece ssary right-of-way to construct improvements along Arvada Channel (Miller Street to Oak Street); and WIIEREAS. PARTIES now desire to proceed with the construction of drainage and flood control improvements for Arvada Channel (Miller Street to Oak Street) (hereinafter called "PROJECT"); and WIIEREAS , DISTRICT has adopted at a public hearing a Five-Year Capital Improvement Program (Resolution No. 54 , Series of2013) for drainage and flood control facilities in \\hich PROJECT was included in the 2014 calendar year: and WHEREAS, DISTRJCT has heretofore adopted a Special Revenue Fund Budget for calendar year 2014 subsequent to public hearing (Resolution No. 53, Series of 20 13) which includes funds for PROJECT; and WHEREAS, D ISTRICrs Board of Directors has authorized DISTRJCT financial participation for PROJECT (Resolution No. 30, Series of 20 14 ); and WHEREAS, RTD desires to actively participate in PROJECT and subsequent inspection of the improvements in order to assure proper drainage and flood control for its Gold Commuter Rail Line Project; and WHEREAS, CITY desires to actively participate in PROJECT and subsequent inspection and maintenance of the improvements; and \dcm\agmlntl 14 1\140804 Attachment 4 WHEREAS, the City Council of CITY, the Board ofDirectors ofRTD, and the Board of Directors of DISTRICT have authorized, by appropriation or resolution, all of PROJECT costs of the respective PARTIES; and WHEREAS, this Agreement provides for the funding to RTD of$533.704 ($667,130 with RTD local match) ofFederal Highway Administration (F HWA ) funds. which were transferred by the FHWA to the Federal Transportation Authority (FTA) to be administered by DRCOG to RT D for improvements associated with th e Gold Line Corridor on the EAGLE project; and WHEREAS, RID Funding Not to Exceed $1,500,000 is co mpri sed of$500,000 of Gold Line In Commitment DR COG Funds (Grant C0-95-XO I 7-0 I), $167,130 Gold Line 2nd Commitment DR COG Funds (Grant C0-95-XO 17-0 I), and $832,863 of EAGLE Full Funding Grant Agreement Funds (Grant C0-03-0208-00); and NOW, TIIEREFORE, in consideration of the mutual promises contained herein, PART IES hereto agree as follows: I. SCOPE OF THIS AGREEMENT This Agreement defines the responsibilities and financial commitments of PARTIES with respect to PROJECT. 2. SCOPE OF PROJECT A. Construction Drawings. PROJECT shall be constructed in accordance with "Construction Ora\\ ings for Construction of Arvada Channel (Miller Street to Oak Street)" by Muller Engineering Company, Inc .. dated August 2014. PROJECT limits shall extend from approximately Miller Street to Oak Street, as shown on Exhib it A. B. Construction. PROJECT shall in clude construction by RTD of the drainage and flood control improvements as set fonh by PROJECT. 3. PUBLIC NECESSITY PARTIES agree that the work perfonned pursuant to this Agreement is necessary for the health, safety, comfon. convenience, and welfare of all the people of the State, and is of particular benefit to the inhabitants of PARTIES and to their property therein. 4. PROJECT COSTS AND ALLOCATION OF COSTS A. PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist of and be limited to the following: I. Construction of improvements; 2. Contingencies mutually agreeable to PARTIES. B. It is understood that PROJECT costs as defined above are not to exceed $2, 195.820 without amendment to this Agreement. \dcm\ogrmnt\ 14\\140804 2 PROJECT costs for the various elements of the effort are estimated as follows: ITEM AMOUNT I. Construction* $1,996.200 2. Contingency (I 0%) 199,620 Grand Total $2,195,820 *his anticipated that additional monjes may be added in future years by amendment. This breakdown of costs is for estimating purposes only. Costs may vary between the various elements of the effort without amendment to this Agreement provided the total expenditures do not exceed the maximum contribution by all PARTI ES plus accrued interest. C. Based on total PROJECT costs. the maximum percent and dollar contribution by each party shall be: Percentage Previous!} Additional Maximum Share Contributed• Contribution Contribution DISTRICT 29.5% $147.178 $ 500,000 $ 647,178 CITY 2.2% $ 48.642 $ -0-$ 48 ,642 RTD 68.3% $ -0-$1,500.000 $1,500,000 TOTAL 100.0% $195,820 $2,000,000 $2,195.820 The percentages listed above are for reference only, and do not provide any basis for how additional funding will be provided. RTD's maximum contri bution for PROJECT shaJI not exceed $1 ,500,000. *This amount remains from the completed Phase I -Ridge Road Tributary Reach. 5. MANAGEMENT OF FINANCES As set forth in DISTRICT policy (Resolution No. II, Series of 1973, Resolution No. 49. Series of 1977, and Resolution No. 37, Series of2009). the funding ofa local body's share may come from its own revenue sources or from funds received from state. federal or other sources of funding without limitation and without prior Board approval. The payments by CJTY and DISTRICT shall be held by DISTRICT in a special fund to pay for increments of PROJECT as authorized by PARTIES. and as defined herein. DISTRICT shal l provide a periodic accounting of PROJECT funds as we ll as a periodic notification to C ITY of any unprud obligations. Any interest earned by the monies contributed by CITY and DISTRICT shall be accrued to the special fund established by DISTRICT for PROJECT and s uch interest shall be used only for PROJECT upon approval by the contracting officers (Paragraph 13). DISTRICT shall provide CITY and DISTRICT contributions to RTD within 30 days of RTD giving Notice to Proceed to PROJECT contractor. Execution of a Work Order shall qualify as Notice to Proceed. \dcm\agrmnt\ 141\140804 3 Within one year of completion of PROJECT if there are monies including interest earned remaining which are not committed. obligated, or disbursed, C ITY and DISTR ICT shall receive a share of such monies, which shares shall be computed as were the original shares. 6. FINAL DES IGN The design of PROJECT shall be provided by DISTRICT and CITY. 7. RIGHT-OF-WAY C ITY and RTD, with DISTRJCT assistance, has acquired such land or interests in land needed to implement construction of PROJECT from Miller Street to Oak St reet, as defined herein. A. Ownership of Property and Limitat ion of Use. C ITY and RTD shall own the property either in fee or non-revocable easement and shall be responsible for same. It is specifically understood that the right-of-way is being used for drainage and flood control purposes. The properties upon which PROJECT is constructed shall not be used for any purpose that will diminish or preclude its use for drainage and flood control purposes. C ITY may not dispose of or change the use of the properties without written approval of DISTRICT and RTD. If, in the future. CITY disposes of any portion of or all of the properties acquired upon which PROJECT is constructed pursuant to this Agreement; changes the use of an} portion or all of the properties upon which PROJECT is constructed pursuant to this Agreement; or modifies any of the improvements located on any portion of the properties upon which PROJECT is constructed pursuant to this Agreement; and CITY has not obtained the written approval of DISTRICT and RTD prior to such action, CITY shall take any and all action necessary to reverse said unauthorized activity and return the properties and improvements thereon. acquired and constructed pursuan t to this Agreement, to the ownership and condition they were in immediately prior to the unauthorized activity at C ITY's sole expense. In the event C ITY breaches the terms and provis ions of th is Paragraph 7.A and does not voluntar ily cure as set fo rth above, DISTRICT and/or RTD shall have the right to pursue a claim against CITY for specific performance of this portion ofthe Agreement, or if substan tial damage to PROJECT improvements or the RTD Gold Commuter Rail Line is imminently due to the unauthorized changes or modifications in the improvements or their use, RID and/or DISTRICT may take its own action to return the properties and improvements thereon (constructed pursuant to this Agreement) to the condition they we re in immediately prior to the unauthorized activity, and require C ITY to compensate RTD and/or DISTRICT for any and all expenses it incurred to return the property to its condition prior to the unauthorized activity. C ITY agrees to pay such reasonable and necessary expenses in the event such unauthorized activities occur. DISTRICT or RTD may, subsequent to the recording by CITY of any document transferring title or another interest to property acquired pursuant to this Agreement to C ITY, record a memorandum of this Agreement (Exhibit B), specifically a verbatim transcript of this Paragraph 7.A. Ownership of Property and Limitation of Use except for this sub-paragraph \dcm\agrmnt\ 14\\140804 4 which shall not be contained in the memorandum. The memorandum shall reference by legal description the propert) being acquired by CITY and shall be recorded in the records of the Clerk and Recorder of Jefferson County immediate!) following the recording of the document transferring title or another interest to CITY . CITY authorizes the recording of that memorandum and acknowledges that the same is meant to encumber the property with its restrictions. 8. MANAGEMENT OF CONSTRUCTION A. Costs. Construction costs shall consist of those costs as incurred by the most qualified contractor(s) including detour costs. licenses and permits, and utility relocations. as defined in Paragraph 4 of this Agreement. B. Construction Management and Payment I. RTD , with the assistance of CITY and DISTRICT, shall administer and coordinate the construction-related work as provided herein. 2. RTD, with assistance of CITY and DISTRICT, shall select and award construction contract(s). 3. RTD shall require the contractor to provide adequate liability insurance that includes CITY and DISTRICT . The contractor shall be required to indemnify CITY and DISTRICT. Copies of the insurance coverage shall be provided to CITY and DISTRICT. 4. RTD, with assistance of CITY and DISTRICT, shall assure that construction is performed in accordance \\ ith the construction contract documents including approved plans and specifications. Copies of all inspection reports shall be furnished to CITY and DISTRICT upon request. RTD shall retain an engineer to perfonn all or a pan of these duties. 5. DISTRICT, with approval of CITY, under a separate contract, and outside of the monies provided by DISTRICT and CITY for this AgreemenL shall contract with and provide the services of the design engineer for basic engineering construction services to include addendum preparation; explanatory sketches; revisions of contract plans; shop drawing review, responses to field inquiries; review of as-built plans; weekly inspection of work: and final inspection. 6. PARTIES shall have access to the site during construction at all times to observe the progress of work and conformance to construction contract documents including plans and specifications. PARTIES shall be required to follow all PROJECT safety requirements while onsite. 7. RTD shall review and approve contractor billings and send copies of them to CITY and DISTRICT for revie\\-. RTD shall remit payment to contractor based on billings approved by RID unless objection is made by either CITY or DISTRICT. \dcm\:lgrmnt\14 14 0804 5 8. RTD. with assistance and written concurrence by CITY and DISTRICT, shall prepare and issue all written change or work orders to the contract document s. 9. PART I ES s hall jointly conduct a final inspection and accept or reject the completed PROJECT in accordance with the contract documents. I 0. RTD s hall provide CITY and DISTRICT "as-built" information. C. Construction Change Orders. In the event that it becomes necessary and advisable to change the scope or detail of the work to be performed under the contract(s), such changes shaH be rejected or approved in writing by the contracting officers. No change orders shall be approved that increase the costs beyond the funds available in the PROJECT fund. including interest earned on those funds. unless and until the additional funds needed to pay for the added costs are committed by all PARTIES . ldcm\agrmnt\ 14\\140804 6 9. MAINTENANCE PARTIES agree that CITY shall be responsible for maintenan ce of the comple ted and accepted PROJECT. PARTIES shall have right-of-access to ri ght-of-wa) and storm drajnage improvements at all times for observation of flood control facility conditions. Should CITY fail to proper!) maintain the completed and accepted PROJ ECT improvements in the state the y were in when accepted and completed, RTD and/or DISTRICT shall have the right to demand immediate action by CITY and to seek specific performance if necessary. Should substantial damage to the improvements or RTD's Gold Commuter Rail Line be imminently due to the lack of maintenance, RTD and/or DISTRICT shall have the right to enter upon the property to conduc t s uch maintenance as to bring PROJECT improvements back into their completed and accepted state, and to submit a payment request to CITY for any and all expenses incurred to conduct such maintenance. CITY agrees to pay suc h cos ts that are reasonable and necessary to return PROJE CT improvements to their completed and accepted state. 10. FLOODPLAIN REGULATION C ITY agrees to regulate and control the floodplain of Arvada Channel wi thin C ITY in the manner prescribed by the National Flood Insurance Program and prescribed regulations thereto as a minimum . PARTIES understand and agree, however, that C ITY cannot obligate itself by contract to exercise its police powers. If CITY fails to regulate the floodplain of Arvada Channel within CITY in the manner prescribed by the National Flood Insurance Program and prescribed regulations thereto as a minimum , DISTRICT may exercise its pov.er to do so and CITY shall coope rate fully. I I. TERM OF AGREEMENT The term of this Agreement shall commence upon final execution by all PARTIES and shall terminate three (3) years after the final payment is made to the construction contractor and the final accounting of funds on deposit at DISTRICT is provided to all PARTIES pursuant to Paragraph 5 herein, except for Paragraph 10. FLOODPLAIN REGULATION. Paragraph 7.A. Ownership of Prop erty and Limitation of Use, and Paragraph 9. MAINTENANCE. which sha ll run in perpetuity. 12. LIABrLITY Each party hereto shall be responsible for any suits, demands, costs or actions at Jav. resulting from its own acts or omissions and may insure against such possibilities as appropriate. 13. CONTRACTING OFFICERS A. The contracting officer for CITY shall be the Director of Public Works, 7500 West 29ch Avenue, Wheat Ridge, Co lorado 80033. B. The contracting officer for RTD shall be the General Manager, 1600 Blake Street, Denver. Colorado 80202. C. The contracting officer for DI STRICT shall be the Executive Director , 2480 West 26th A venue. Suite 1568, Denver. Colorado 802 I 1. \dcm\ngrmnt\ 14\\ 140804 7 D. The contracting officers for PARTIES each agree to designate and assign PROJECT representatives to act on the behalf of said PARTIES in all matters related to PROJECT undertaken pursuant to this Agreement. Each representative shall coordinate all PROJECT-related issues between PARTIES, shall attend all progress meetings, and shall be responsible for providing aJI available PROJECT-related file information to the engineer upon request by DISTRICT or CITY. Said representatives shall have the authority for all approvals, authorizations, notices or concurrences required under this Agreement. However, in regard to an} amendments or addenda to this Agreement, said representative shall be responsible to promptly obtain the approval of the proper authority. 14. RESPONSIBILITIES OF PARTTES DISTRICT shall be responsible for coordinating wi th CITY and RTD the information deve loped by the various consultants hired by DISTRICT and for obtaining all concurrences from CITY and RID needed to complete PROJECT in a timely manner. 15. AMENDMENTS This Agreement contains all of the terms agreed upon by and among PARTIES. Any amendments to this Agreement shall be in writing and executed by PARTIES hereto to be valid and binding. 16. SEVERABILITY If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, such invalid or unenforceable clause or provision shall not affect the validity of the Agreement as a v. hole and all other clauses or provisions shall be given full force and effect. 17. APPLICABLE LAWS This Agreeme nt shall be governed by and construed in accordance with the laws of the State of Colorado. Jurisdiction for any and all legal actions regarding this Agreement shall be in the State of Colorado and venue for the same shall lie in the C ITY where PROJECT is located. 18. ASSIGNABILITY No party to this Agreement shall assign or transfer any of its rights or obligations hereunder without the prior written consent of the nonassigning party or parties to this Agreement. 19. BINDING EFFECT The provisions of this Agreement shall bind and shall inure to the benefit of PART IES hereto and to their respective successors and permitted assigns. 20. ENFORCEAB ILITY PARTIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity, by decree of specific performance or damages, or such other legal or equitable relief as may be available subject to the provisions ofthe laws of the State of Colorado. 21. TERMINATION OF AGREEMENT This Agreement may be terminated upon thirty (30) days' written notice by any party to this Agreement. but only if there are no contingent, outstanding contracts. If there are contingent, \dcmlagrmnt l 141\140804 8 outstanding contracts. this Agreement may only be tenninated upon the cancellation of all contingent, outstanding contracts. All costs associated with the cancellation of the contingent contracts shall be shared between PARTIES in the same ratio(s) as were their contributions. 22. PUBLIC RELATIONS It shaH be at RTD's sole discretion to initiate and to carry out any public relations program to infonn the residents in PROJECT area as to th e purpose of PROJECT and what impact it may have on them. Technical infonnation shall be presented to the public by the selected engineer. In any event C ITY and DISTRJCT shall have no responsibility for a public relations program, but shall assist RTD as needed and approp riate. 23. NO OISCRIMINA T ION IN EMPLOYMENT In connection with the performance of wo rk under this Agreement. PARTIES agree not to refuse to hire, discharge, promote or demote, or to discriminate in matte rs of compensation against any person otherwise qualified because of race, color, ancestry, creed, religion, national origin, gender. age, military status, sexual orientation. marital status. or physkal or mental disability and further agree to insert the foregoing provision in all subcontracts hereunder. 24. APPROPRIATIONS Notwiths tanding any other tenn . condi ti on, or provision herein, each and every obligation of RTD, ClTY, and/or DISTRICT stated in this Agreement is subject to the requirement of a prior appropriation of funds therefore by the appropriate governing body of RTD. CITY, and/or DISTRICT. 25 . NO THIRD PARTY BENEFICIARIES It is expressly unders tood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to PARTIES, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person on such Agreement. It is the express intention of PARTIES that any person or party other than any one of PART IES receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 26. ILLEGAL ALIENS PARTIES agree that any public contract for services executed as a result of this intergovernmental agreement shall prohibit the employment of illegal aliens in compliance with §8-17.5-1 01 C.R.S. et seq. The following language shall be included in any con tract for public services: "The Consultan t or Contractor shall not and by signjng this Agreement certifies that it does not knowingly employ or contract with an illegal alien to perfonn work under this Agreement. Consultant or Contractor shall not enter into a subcontract with a subcontractor that fails to certify to the Consultant or Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this public contract for services. Consultant or Contractor affinns that they have verified through participation in the Colorado Employment Verification program established pursuant to 8-17.5-102 (5)(c) C.R.S. or the Electronic Employment Verification Program 'dcm\ogmmt\14 '•\1408().1 9 administered jointly by the United States Department of Home land Security and the Social Security Administration that Consultant or Contractor does not emplo} illegal aliens. Consultant or Contractor is prohibited from using these procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. In the event that the Consultant or Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Consu ltant or Contractor shall be required to: A. Notify the subcontractor and PARTIES within three days that the Consultant or Contractor has actual knowledge that the subcontractor is employing or cont ractin g with an illegal alien; and B. Terminate the subcontract with the subcontractor if within three days of receiving the notice required the Subcontractor does not stop employing or con tractin g with the illegal alien; except that the Consultant or Contractor shall not terminate the contract with the Subcon tra ctor if during such three days the Subcontractor provides information to establish that the subcontractor has not knowingly employed or con tra cted with an illegal alien. Consultant or Contrac tor is required under this Agreement to comply with any reasonable request by the Colorado Department of Lab or and Employment (CDL) made in the course of an investigation the CDL is undertaking pursuant to its legal au thorit y. Violation of this section of this Agreement shall cons titut e a breach of this Agreement and may re sult in termination by PARTIES. Consultant or Contractor shall be liable to PARTIES for actual and consequential damages to PARTIES resulting from such breach pursuant to §8-17.5-1 0 I (3) C.R.S. PARTIES shall also report any such breach to the Office of the Secretary of State. Consultant or Contrac tor acknowledges that the CDL may investigate whether Consultant or Contractor is complying with the provision of the Agreement. This may include on-site inspection s and the review of documentation that prove s the citizenship of any person performing work under this Agreement and any other reasonable steps necessary to determine compliance with the provisions of this section." 27. GOVERNMENTAL IMMUNITIES PARTI ES hereto intend that nothing herein shall be deemed or construed as a waiver by any party of any rights, I imitations, or protections afforded to them under the Colorado Governmental Immunity Act (Section 24-10-1-1, C.R.S., et ~.)as now or hereafter amended or otherwise available at lav. or equity. 28. INTENT OF AGREEMENT Except as otherwise stated herein, this Agreement is intended to describe the rights and responsibilities of and between PARTIES and is not intended to and shall not be deemed to confer rights upon any person or entities not named as PARTIES , nor to limit in any way the powers and re sponsib ilitie s of RTD, CITY. DISTRICT or any other entity not a party hereto. \dcm\agrmnt\ 14\\140804 10 29. EXECUTION TN COUNTERPARTS This Agreement shall be executed by PARTIES in counterparts and on ly upon execution of the responsible counterparts by everyone listed herein shall this Agreement be treated as executed by PARTIES. WHEREFORE, PARTLES hereto have caused Lhis instrument to be executed by properly authorized signatories as of the date and year first above written. (SEAL) ATTEST: (SEAL) ATTEST: APPROVED AS TO FORM: CITY Attorney APPROVED AS TO FORM: RID Associate General Counsel \dcm\ngrmnt\ 14 \\ 1408().1 I 1 URBAN DRAfNAGE AND FLOOD CONTROL DlSTRlCT By ______________________ __ Title Executive Director Date. _______________________ _ CITY OF WHEAT RIDGE By ______________________ __ Title. ___________________ _ Dat e. ______________ _ REGIONAL TRANSPORTATION DISTRICT By ______________________ __ Title General Manager D~e __________________ __ AGREEMENT REGARD ING CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR ARVADA CHANNEL (MILLER STREET TO OAK STREET) Agreement No. 14-08.04 Exhibit A SAMPLE AGREEMENT REGARDING CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVE MENTS FOR ARVADA CHANNEL (MILLER STREET TO OAK STREET) Agreement No. 14-08 .04 Exhibit B MEMORANDUM This MEMORANDUM is entered into this ____ day of _______ , 20_ by and between URBAN DRA INAGE AND FLOOD CONTROL DISTRICT, a quasi-governmental entity. whose address is 2480 West 26th A venue. Suite 156-B, Denver, Colorado 80211 (hereinafter called "DISTRJCT") and -------------'' a governmental entity, ''hos e address is --------------(hereinafter called "CITY") and collectively known as "PARTIES"; WHEREAS, PARTIES entered into "Agreement Regarding Final Design, Right-of-Way Acquisition and Construction of Drainage and Flood ControllmprovemenlS for --------------·"Agreement No.--------on or about -----" 20_. (hereinafter called "AGREEMENT"): and WHEREAS , AGREEMENT is unrecorded , however PARTIES have agreed in AGREEMENT to record this MEMORANDUM in the records of the Clerk and Recorder of _________ _: State of Colorado, in order to put all who inquire on notice of AGREEMENT and in particular Paragraph 7.C of AGREEMENT; and WHEREAS, in AGREEMENT, PARTIES agreed to participate equally (up to a maximum of $. _____ each) in the cost of the construction of drainage and flood control improvements for within CITY boundaries which include ---------------- _____________________________ (hereinafter called "PROJECT"); and WHEREAS. construction of PROJECT may require the acquisition by CITY of real property; and WHEREAS, AGREEMENT funher provides that CITY will own all real property required to construct the improvements and that CITY ownership of that real property shall be subject to the terms and conditions of AGREEMENT and in particular Paragraph 7.C of AGREEMENT; and WHEREAS. Paragraph 7.C of AGREEMENT provides in appropriate part as follows: "7.C. Ownership of Property and Limitation of Use. CITY shall own the property either in fee or non-revocable easement and shall be responsible for same. It is specifically understood that the right-of-way is being used for drainage and flood control purpos es . The properties upon which PROJECT is constructed shall not be used for any purpose that will diminish or preclude its use for drainage and flood control purposes. CITY may not dispose of or change the use ofthe properties without approval of DISTRICT. If, in the future, CITY disposes of any portion of or all ofthe properties acquired upon which PROJECT is constructed pursuant to this Agreement, changes the use of any portion or all of the properties upon which PROJECT is cons tructed pursuan t to this Agreement, or modifies any of the improvements located on any portion of the properties upon which PROJECT is constructed pursuant to this Agreement, and CITY has not obtained the written approval of DISTR ICT, prior to such action, C ITY shall take any and all action necessaJ) to reverse said unauthorized activity and return the properties and improvements thereon, acquired and constructed pursuant to this Agreement, to the ownership and condition they were in immediately prior to the unau thorized act ivity at CI TY's sole expense. In the event C ITY breaches the terms and provisions of this Paragraph 7 .C and does not voluntarily cure as se t forth above. DISTRICT shall have the right to pursue a claim against CITY for specific performance of this portion of the Agreement."; and WHEREAS, CITY has just acquired the real property desc ribed in Exhibit Z attached hereto and incorporated herein by reference, as if set forth verbatim herein, pursuant to the terms and conditions of AGREEMENT for the construction of PROJECT; and WHEREAS, PARTIES intend that the terms and provisions of AG REEMENT, including but not limited to Paragraph 7.C of AGREEMENT set forth verbatim above, sha ll apply to and control the rea l property described in Exhibit Z. IT HAS BEEN AGREED previously in AGREEMENT by and between PARTIES that the terms and provisions of AGREEMENT. including but not limited to Paragraph 7.C of AGREEMENT set forth verbatim above shall appl) to and control the real property described in Exhibit Z, now owned by CITY and that this MEMORANDUM be placed of record for the purposes of encumbering the real property described in Exhibit Z with the limi tations and restrictions set forth in this MEMORANDUM. Th is MEMORANDUM is not a complete summary of AGREEMENT. Provisions in this MEMORANDUM shall not be used in interp reting AGREEMENT's provision. In the event of conflict between this MEMORANDUM and the unrecorded AGREEMENT, the unrecorded AGREEMENT shall control. (SEAL) ATTEST: URBAN DRAINAGE AND FLOOD CONT ROL DISTRICT By ______________________ __ Title Executive Director Date. ____________ _ STATE OF' COLORA DO ) ) ss. CITY OF _______ ) Subscribed and sworn to before me this day of . 20_. by -------------------------- WITNESS my hand and official seal. (SEAL) Notary Public M y Comrn iss ion Expires --------------------------- Estimator Esllmale Detail Report Job: 121822085 -14099 RTD Arvada Channel RevJsed. Wheatndge, CO Estimator: Christian Reference ! DoscrlpUon I Qty I' Units I UnltCost 1 AdJ':.ILCo XtdOost Comment -----~1o .,. Contract General Conditions 1.00 LS 119,987.44 119,987.44 119,987.44 --- + .015 General Labor, Clean-up, Small Tools 1.00 LS 18,328.80 18,328.80 18,328 .80 ---- + .020 Storm Water Const Permit DPMTMT 1.00 LS 750.00 750.00 750.00 + .030 Construction Discharge Permit 1.00 LS 750.00 750.00 760.00 • + .040 XceJFeos 1.00 LS 0.00 0.00 0 .00 Excluded - '+ .050 Shoring of Xcel Towers 2.00 EA 0.00 0.00 0 .00 Included, If needed under item # 120 -+ .060 Interim Dewatering 1.00 LS 139,925.00 t 39 ,925.0 0 139,925 .00 -• + .080 Testing of Solis, Concrete, Asphalt 1.00 LS 0.00 0.00 0.00 Excluded + .090 Traffic Control -Subcontractor 1.00 LS 1,600.00 1,500.00 1,500.00 1--.100 DBE Consullant 6,700.00 6,700.00 6,700.00 + 1.00 LS t--.110 Construction Fencing 3,500.00 LF 1.50 1.50 5,250.00 + - "' .1 15 Mobilization 1.00 89,365.00 89,365.00 89,365.00 + .120 Precast Concrete Box Culvert 1,353.00 LF 1,013.89 1,0 13.89 1,37 1,790.00 + .130 72" Relnforc.ed Concrete Pipe 6.00 LF 458.67 458.67 2,752.00 -+ .140 54" Reinforced Concrete Pipe 14.00 LF 276.43 275.43 3,856.00 I--.150 36" Reinforced Concrete Pipe + 28.00 LF 150.86 150.86 4,224.00 r--.160 30" Reinforced Concrete Pipe 56.00 LF 100.00 100.00 5,600.00 "' -- + .110 24" Reinforced Concrete Pipe 150.00 LF 79.04 79.04 11 ,856.00 -- + .18Q M-1 Manhole and any Necessary Risers 1.00 EA 3,830.00 3,830.00 3,830.00 - + .190 M·2 Manhole and any Necessary Risers 1.00 EA 3 ,830.00 3,830.00 3,830.00 --' + .200 MH-3 Manhole and any Necessary Risers 1.00 EA 7,515 .00 7 ,515.00 7,515.00 --+ .210 MH Box Base Special 1.00 EA 32,010.00 32,010 .00 32,010.00 --- -t .220 TypeD Inlet 8.00 EA 5,005.00 5 ,005.00 40,040.00 - + .230 Re -route Existing Water Line Below Culvert 20 .00 LF 1,310.00 1,310.00 26,200.00 -+ .240 Precast Concrete Temporary Bulkhead Upstream of 7i 1.00 EA 1,800.00 1,800.00 1,800.00 - -t .250 Removal of Existing Pipe 1.00 LS 750.00 750.00 750.00 -+ .260 Clay Cut-off Walls Every 200' Along Box Culvert 7.00 EA 4,390.00 4,390.00 30 ,730.00 -+ .270 Swell Stop-sealing Bands at Pipe to Culvert Connec!ic 14.00 EA 350.00 350.00 4,900.00 -+ .280 City of Wheatrldge Manhole Lids 4 .00 EA 0.00 0.00 0.00 Included by Storm Water Sub - + .290 Hydrostatic Testing of Precast Elements per Spec 1.00 LS 0.00 0.00 0 .00 Included by Storm Water Sub -- + .300 Clearing and Grubbing 3.50 AC 10,250.00 10,250.00 35,875.00 - "' .310 Grading of Access Road Approx . 10' Wide 1,355.00 LF 7 .80 7.80 10,569.00 .. - + .315 Site Grading 1.00 LS 67,150.00 67,150.00 67,150.00 ---... .320 COOT Crushed Rock Bedding@ New Box Culvert 21,650.00 SF 0 .00 0 .00 0 .00 Included by Storm Water Sub - T .330 Export Soils for Proposed Grade Elevations 5,000.00 CY 0.00 0.00 0.00 Included --·-····-- 12/112014 3:15.36 PM Knsche Conslrucuon. Inc. Attachment 5 1 or 2 I Est•rnator Esllmate Octa11 Report JOb. 121822085-14099 RTD Arvada Channel Revise<!, Wheatrldge , CO Estimator: Christian Reference Description --- + .340 Bedding Material for RCP ---... .350 Bedding Material at all Other Pre-cast Structures ---... .355 Eros ion Control. --- + .360 Temporary Inlet Protection 1 .5" Crushed Rock Fully W ---+ .370 Stabilized Staging Area + .380 Vehicle Tracki ng Control 12" thick r----.390 Culvert Inlet Protection + + .400 Surface Roughening ----+ 410 Daily Removal of D•rt and Debris --- T .420 Erolslon Control of Soli Stockpiles ... 430 Topsoil Prior to Reseeding --- + .440 Weekly Inlet Protection, Erosion Control Inspections + .460 6" Asphalt Road Replacement + .480 Restore Brown & Baugh Di tch + .490 Seedmg & Mulching ... .500 Seeding Maintenance Period of 2 years ---- + .510 Erosion Control Blankets + .520 Reset 3.25" alum. Cap City of Wheatrldge Monument + .530 Survey Site for New Grades , Invert Elevations and Uti I + .540 Remove and Replace Bayou Ditch Concrete Lining -- + .550 Plug Ex isting Culvert with COOT class B Materi al -- + 560 Manhole Shapmg 12" min thick - + .570 Completely Fill Annular Space Around Pi pe Connectio - + .580 End Transition Structure 110 to existing ----.590 Concrete Washout Area -s 50.000.0 FINANCIAL ITEMS $ 50 .100.31 General Liability Insurance $ 51 .100.0 PERFORMANCE AND PAYMENT BOND $ 51 .100.10.1000 Contractor's Perf. & Pav Bond 51 200.10 1000 Subcontractor Bon ds s 53.100 0 OVERHEAD AND PROFIT s 53.100 10.2000 Overhead and Profit r-L-60.100.0 DEVELOPMENT COSTS 60.100.20 1000 Sales Tax $ 12/112014 3 15.36 PM · urltcost AdjUnltco, XtdCost i Qty Units at Comment I 1 .00 LS 0.00 0.00 0.00 Included by Stonn Water Sub 1 .00 LS 0.00 0 .00 0 .00 Included by Storm Water Sub 1.00 LS 19 ,700.00 19,700 .00 19,700.00 8.00 EA 0 00 0.00 0.00 Included In item # 355 1 00 LS 3,000.00 3,000.00 3 ,000 00 Included In item il 355 4 ,000.00 SF 0 .00 0.00 0 .00 Included in Item # 355 2.00 EA 0.00 0.00 0 .00 Included In item # 355 4.00 AC 0.00 0 .00 0 00 Included In item # 355 1 .00 LS 0.00 0.00 0 .00 Included in Item # 355 1 .00 LS 0.00 0.00 0 .00 Included In Item # 355 1 .00 LS 0.00 0 .00 0 .00 Included in item # 355 1 .00 LS 0 .00 0 .00 0.00 Included in Item II 355 47 .00 TN 248.00 248.00 11 ,656.00 150.00 SF 3.46 3.46 519.00 1.00 LS 18,683.71 18,683.71 18,683.71 1 .00 LS 8,683.14 8,683 .14 8,683 .14 1 .00 LS 3,763.10 3,763 .10 3,763.10 1 .00 EA 300.00 300.00 300.00 1.00 LS 11,000 .00 11,000.00 11.000.00 1 .00 LS 7,700 .00 7 ,700.00 7,700.00 1 .00 LS 5 ,200 .00 5,200.00 5,200.00 1 .00 LS 3,200 .00 3,200.00 3,200.00 1 00 LS 7 ,50000 7,500.00 7,500.00 Included by Storm Water Sub 1 .00 EA 28,180.00 28 ,180.00 28,180.00 1 .00 LS 2,000.00 2,000.00 2,000.00 Included by Stonn Water Sub 1 00 0.00 0.00 0 .00 IUOC.XXXXXXXJOtlOCXXXXXXXXXXXXXXXXXXXXXXl i 0 .50 % 22 ,156.60 22.156 .60 11,078.30 i I 0 .00 0 .00 0.00 0 .00 lOUtlCXXXXXXXXXXXXXJOCXXXXXXX'lOOCXXXXXxxi 1 .50 % 24,494 .12 24,494 12 36,741 .18 1 00 LS 0.0 0 0 00 0.00 0 .00 0.00 0 .00 0. 00 xxxxxxxxxxxxxxxxxxxxxxx.xxxxxxxxxxxxx 10 00 % 22 ,267.38 22,267 38 222,673.77 1.00 0.00 0 .00 0.00 XXXXXXXXX.XXXXXXlOOOCXXJCXXXXX.XX.XXXXJClCX 0.00 .,. 0.00 0.00 0 .00 Excluded Krische Corstructlon, lr.c 2 of 2 Esumator Esumate Totals Report Job: 121822085 14099 RTD Arvada Channel Revised, Wlleatrtdge, CO Estimator: ChrlsUan Laoor 1 -.,-.,.. ••• _,, , ···-·-.. -· 1 -~- -95.731 12/1120 14 3 16 02 PM Ins and Bonds ManHoo(S d7,819 229.9 Knsche Construction. Inc. 1 or 1