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HomeMy WebLinkAboutCity Council Agenda Packet 04/28/2014CITY COUNCIL AGENDA: April 28, 2014 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECONG READING £. Council Bill No. 02-2014-An Ordinance Amending Chapter 26 of the Wheat Ridge Code of Laws concerning the Subdivision Regulations and making certain related Amendments to Chapters 2 and 5 in association therewith (Case No. ZOA-14-01) ~ Council Bill No . 03-2014-An Ordinance amending Section 26-109 of Chapter 26 of the Wheat Ridge Code of Laws , concerning Public Noticing Requirements (Case No . ZOA-14-02) 4. Resolution No. 26-2014-approving a second amendment to the 1-70/Kipling Corridors Urban Renewal Plan to allow for the Utilization of Tax Increment Financing DECISIONS, RESOLUTIONS AND MOTIONS ~ Motion to approve the Neighborhood Traffic Management Plan (NTMP) dated April 28, 2014 6. Resolution No. 27-2014-amending the Fiscal Year 2014 Capital Improvement Program Budget reflecting the approval of a Supplemental Budget Appropriation in the amount of $76,074 .83 for the Clear Creek Crossing Environmental Assessment Reevaluation and awarding a contract to Parsons Brinckerhoff L Motion to award RFB-14-14, 2014 Annual Computer requirements to JPK Micro Supply, Inc., Industry, CAin the amount of $38,000 for the replacement of 50 computers ~ Motion approving the revised Council Rules of Order and Procedure dated April 28, 2014 ~ Motion to appoint Nancy Snow to the Election Commission, term to expire December 12,2015 CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT City Council Minutes April14, 2014 Page 2 CITIZENS' RIGHT TO SPEAK Greg Mular of the Wheat Ridge Fire Department spoke about the upcoming mill levy election. • The 2010 mill levy was based on a volunteer model and was to be used for capital expenditures . Community needs led to a model with more paid staff and the money went for that instead. Capital improvements were deferred. • The proposed mill levy increase will be used for general operating expenses, capital improvements , replacing apparatus, and building up reserves for possible economic hard times. • The request is for a 5 mil increase-from 7.5 to 12.5 mils. On a $250,000 house it would be $8 .29 a month. • WR has the lowest mill levy of any surrounding departments. • Without this mill levy operational staff will be laid off, and possible loss of apparatus, closure of a station, reduced services and increased response times. • Ballots have been sent out. Mail them back or bring them to the Fire Station at 3880 Upham by May 6th. He encouraged voters to vote "yes" on Issue A. • For Board nominees the local supports incumbents Kent Johnson and Jim Johnson and new nominee, Monica Duran. Joan Blanchard (WR) spoke about the beautification of 38th Avenue --needed and long overdue. She said the traffic isn't so bad - it's a long, quiet stream of commuters that are not shoppers. There are also fewer cars on 38th now because they're rerouting to residential streets, but the increased volume and speed on residential streets is dangerous and intersections are treacherous for pedestrians and difficult for cars. It would be wise if the plans for 381h Avenue were like Olde Town Arvada , Golden and the Highlands because they are all entirely different situations . Vivian Vos (WR) read a letter from Laszlo and Ava Nagy (WR) who both own property on 38th Avenue . They are strongly opposed to what is being proposed for 38th Avenue. They believe private investment on 38th is what's making it a destination -not the road diet or the plan for wider sidewalks. They don't support tax dollars being spent for things like Christmas lights and hanging baskets ; that's the responsibility of the businesses. They believe a proposal of this magnitude (several million dollars) should be put to the voters. -Ms . Vos also expressed her agreement that the 38th Avenue project should go to a vote of the people before any more effort and money is spent. Kim Calomino (WR) thanked the Council, Mayor and city staff for the good Town Hall Meeting . She encouraged Council to have these kinds of forums more frequently so that public dialog can take place. Not everyone agrees, but only through frank, honest dialog can we get to a place where Council can guide our decisions . Council should be honest and above board with each other too and not hold anything back . We are all just City Council Minutes April 14, 2014 Page 3 citizens-not special interest groups. We don't all agree, but the dialog is important. She thanked staff for spending their evening to provide us with information. APPROVALOFAGENDA ~ CONSENT AGENDA a. Resolution 25-2014-approving the Intergovernmental Agreement of the Colorado Information Sharing Consortium [Statewide sharing of law enforcement information (COPLINK). Updates to the IGA include creating an executive director position, recognizing node consolidation, and entering into information sharing agreements with out-of-state jurisdictions. No financial impact.] b. Motion to approve the annual support and licensing renewal for the Cartegraph System in the amount of $44,290 to Cartegraph, Inc. [Budgeted item; necessary to maintain the software for the City. All- inclusive for licensing and technical support services to include software upgrades, bug fixes and patches, and tech support for implementation.] c. Motion to award the purchase of 15 Mobile Data Computer (MDC) Replacements to Counter Trade Products, Inc. in the amount of $50,385 [Budgeted item; annual scheduled replacement for patrol car computers.] Councilmember Wooden introduced the Consent Agenda and read the titles. Motion by Councilmember Wooden to approve the consent agenda; seconded by Councilmember Starker; carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill No. 01-2014-An Ordinance approving the rezoning of property located at 6405-6409 W. 441h Ave. from Restricted Commercial (RC) to mixed Use-Neighborhood (MU-N) (Case NO. WZ-14-01/Lombardi) Councilmember Urban introduced Council Bill No. 01-2014 . Mayor Jay opened the public hearing. Meredith Reckert City Planner began the staff presentation . She entered into the record the comprehensive plan, zoning ordinance, case file and packet material, and the contents of the digital presentation. She noted that all notice, publishing and posting requirements have been met. Mayor Jay swore in the speakers for the hearing . Clerk Shaver assigned Ordinance 1545. City Council Minutes April 14, 2014 Page4 Ms. Reckert continued. The three parcels house two buildings which are currently antique stores. Surrounding uses are a mix of residential and commercial zoning and uses. The allowed uses in RC and MU-N zones are similar, but RC does not allow residential use and all uses have a maximum height of 50'. MU-N does allow residential and height limits are 35' for residential and 50' for commercial. The owner has no current plans to enlarge the buildings or redevelop the property, but is looking for a bit more entitlement and flexibility for the future. The routine rezoning process has been followed. Three people came to the neighborhood meeting; no opposition was expressed . All agencies can serve the property. The Planning Commission recommends approval and there was no negative testimony at that public hearing . Any future redevelopment would go through a site plan process and be reviewed by the staff. The criteria for zone change approval supports this request. The applicant was present but had nothing to add . Mayor Jay closed the public hearing. Motion by Councilmember Urban to approve Council Bill No . 01-2014 . an ordinance approving the rezoning of property located at 6405-6409 W. 44th Avenue from Restricted Commercial (RC) to Mixed Use Neighborhood (MU-N) 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 26-109 of the Code of Laws. 2. The requested rezoning has been reviewed by the Planning Commission , which has forwarded its recommendation. 3. The requested rezoning has been found to comply with the "criteria for review" in Section 26-112-E of the Code of Laws. seconded by Councilmember DiTullio; carried 8-0 ORDINANCES ON FIRST READING 3. Council Bill No. 02-2014-An Ordinance Amending Chapter 26 of the Wheat Ridge Code of Laws concerning the Subdivision Regulations and making certain related Amendments to Chapters 2 and 5 in association therewith (Case No . ZOA-14-01) Councilmember Starker introduced Council Bill No. 02-2014 The ordinance addresses these central goals: • To simplify the subdivision review process • To provide more clear and contemporary design standards • To establish consistent and defensible dedication and public improvement requirements • To improve clarity and organizations within the zoning code City Council Minutes April14, 2014 Page 5 Motion by Councilmember Starker to approve Council Bill No. 02-2014, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the subdivision regulations and making certain related amendments to Chapters 2 and 5 in association therewith, on first reading, order it published, public hearing set for Monday. April 28. 2014 at 7:00p.m. in City Council Chambers, and that it take effect 15 days after final publication; seconded by Councilmember DiTullio; carried 8-0 4. Council Bill No. 03-2014-An Ordinance amending Section 26-109 of Chapter 26 of the Wheat Ridge Code of Laws, concerning Public Noticing Requirements (Case No . ZOA-14-02) Councilmember Fitzgerald introduced Council Bill No. 03-2014 This ordinance: • Eliminates the requirement to use certified mailing for letter notice, which will increase the likelihood of delivery and save money. • Clarifies posting and publishing requirements to reflect current practice and rectify inconsistent language. Motion by Councilmember Fitzgerald to approve Council Bill No. 03-2014, an ordinance amending Section 26-1 09 of Chapter 26 of the Wheat Ridge Code of Laws, concerning public noticing requirements, on first reading, order it published, public hearing set for Monday. April 28. 2014 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication; seconded by Councilmember Starker; carried 8-0 DECISIONS. RESOLUTIONS AND MOTIONS ~ Resolution 22-2014-amending the Fiscal Year 2014 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation for the purposes of funding the expansion of the Seniors' Resource Center Circulator Bus Service in the Amount of $12,000 Councilmember DiTullio introduced Resolution 22-2014. $30,000 is in the budget for this service. This resolution would appropriate an additional $12,000 to expand services . Motion by Councilmember DiTullio to approve Resolution No. 22-2014, a resolution amending the fiscal year 2014 General Fund budget to reflect the approval of a supplemental budget appropriation for the purposes of funding the expansion of the Seniors' Resource Center circulator bus service in the amount of $12,000; seconded by Councilmember Urban; Motion by Councilmember Starker to amend the main motion as follows: strike the words " ... the expansion of the Seniors' resource Center circulator bus service ... " and replace this with the words " ... a contract employee for the Wheat Ridge Historical society ... "; seconded by Councilmember Fitzgerald . City Council Minutes April 14, 2014 Page 6 There was discussion on the amendment. John Zabawa, President and CEO of the Seniors Resource Center, thanked Council and Mayor Jay for their support of the Center and their commitment to the seniors of Wheat Ridge. • He spoke to the high and growing concentration of seniors in Wheat Ridge . • He commended the City for its vision and foresight in creating this shuttle service as it is so helpful for those who have no means of transportation. • He told of the partnership between the SRC, Jewish Services and Jefferson Center for Mental Health . They're in the process of having community meetings with seniors to make them aware of all the services and resources available to them. Transportation is a top need for older citizens that is expected to climb. Hank Braaksma, director of the SRC transportation, provided some details about current transportation services. The extra $12,000 will increase the service from six to eight hours per week . Council questions brought out the following: • Money from the NORC grant will be used for others transportation services -not the circulator bus. The SRC does solicit donations from riders, as required by the Older Americans Act, and they advertise that in multiple ways. • The SRC brings in a higher level of donations than any community provider in the area. Riders are made aware of the costs of providing rides. • The circulator bus only picks up at certain locations and takes the riders to shop in Wheat Ridge. It's not the only transportation service that the SRC provides. • $4.9 million is in the City's unallocated reserve fund. Council comments followed. The amendment failed 3-5 with Councilmembers Wooden, Langworthy, Pond, Urban, and DiTullio voting no. Discussion of the merits of the main motion continued. The main motion failed 3-5 with Councilmembers Wooden, Langworthy, Fitzgerald, Pond and Davis voting no. 6. Resolution 21-2014-amending the Fiscal Year 2014 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in an amount not to exceed $1.5 Million to pay down a Renewal Wheat Ridge Loan for the property at Town Center North Councilmember Davis introduced Resolution 21-2014 City Council Minutes April14, 2014 Page 7 • Staff has negotiated with First Bank to reduce the principal and interest on the loan by paying down the loan with funds the bank holds as security for the loan. • The supplemental appropriation will come from General Fund restricted reserves and will not impact the City's minimum reserve policy of 17%. • The balance on the new loan will not require cash security from the City. • Urban Renewal will continue the debt service payments until the property is sold. • The loan payment is due tomorrow. Motion by Councilmember Davis to approve Resolution No. 21-2014, a resolution amending the fiscal year 2014 general fund budget to reflect the approval of a supplemental budget appropriation in an amount not to exceed $1.5 million to pay down a Renewal Wheat Ridge loan for the property at Town Center North; seconded by Councilmember DiTullio; carried 8-0 7. Resolution 23-2014-concerning the proposed redevelopment at the southwest corner of West 38 1h Avenue and Kipling St. and the proposed incurrence of a loan by the Wheat Ridge Urban Renewal Authority to be secured by certain Tax Increment Revenues generated by the project; declaring the City Council's present intent to appropriate funds to replenish the reserve fund securing such loan, if necessary; and authorizing a Redevelopment Agreement, a Cooperation Agreement and other related actions in connection with Councilmember Davis introduced Resolution 23-2014 Motion by Councilmember Davis to approve Resolution No . 23-2014-A resolution concerning the proposed redevelopment at the southwest corner of West 38th Avenue and Kipling Street, and the proposed incurrence of a loan by the Wheat Ridge Urban Renewal Authority to be secured by certain tax increment revenues generated by the project; declaring the City Council's present intent to appropriate funds to replenish the reserve fund securing such loan, if necessary; and authorizing a Redevelopment Agreement, a Cooperation Agreement and other related actions in connection with; seconded by Councilmember DiTullio; Mr. Goff explained the resolution approves a development agreement with MVG. The project at 38 1h and Kipling will include Sprouts and a 64 unit senior care facility. • The agreement provides an economic incentive package of $3 million, which includes a $1 million direct cash contribution from the City's reserves and a $2.6 million loan by Urban Renewal which nets $2 million. • The agreement also sets up tax increment financing to that new property and sales taxes can be used to pay down the loan that Urban Renewal obtains. • The loan term is 10 years, but it's expected that excess revenue will be able to pay off the loan sooner. • A reserve fund will be established to pay debt service if revenues are ever insufficient. Mr. Goff introduced the representatives from MVG and the City's bond counsel. City Council Minutes April 14, 2014 Page 8 Motion carried 8-0. 8. Resolution 24-2014-amending the 2014 Fiscal Year General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in an amount not to exceed $1.0 Million for the purposes of funding Public Improvements in association with the Redevelopment of the southwest corner of West 38th Ave . and Kipling St. Councilmember Pond introduced Resolution 24-2014 Motion by Councilmember Pond to approve Resolution No. 24-2014-A resolution amending the 2014 fiscal year General Fund budget reflecting the approval of a supplemental budget appropriation in an amount not to exceed $1.0 million for the purposes of funding public improvements in association with the redevelopment of the southwest corner of West 38th Avenue and Kipling Street; seconded by Councilmember Starker. This appropriates the City's $1 million contribution referenced in Agenda Item 7. There was no discussion . H. McNeish, director of planning with MVG reported that the project is tracking on schedule. Motion carried 8-0. ~ Reconsideration of appointment to the Planning Commission, District IV Councilmember Langworthy introduced agenda item 9. City Attorney Dahl explained the steps necessary to rescind the appointment. Motion by Councilmember Langworthy to reconsider the appointment of Lisa Hollenbeck to the Planning Commission; seconded by Councilmember Pond; carried 7- 1, with Councilmember DiTullio voting no. Motion by Councilmember Langworthy to rescind the appointment of Lisa Hollenbeck to the Planning Commission; seconded by Councilmember Wooden; carried 7-1, with Councilmember DiTullio voting no. Motion by Councilmember Langworthy tore-advertise for applicants for membership on the Planning Commission from District IV; seconded by Councilmember Wooden. Motion substituted by Councilmember DiTullio to appoint Ray Maes to the Planning Commission representing District IV; seconded by Councilmember Urban. City Council Minutes April14, 2014 Page 9 Discussion followed. Attorney Dahl advised that code requires Council to appoint from the District unless there is no applicant from that District. Eight members are to be appointed with equal representation from the Districts. Council can decline to appoint someone and re- advertise, but the position shouldn't be left vacant forever. Motion to appoint Ray Maes failed 2-6, with Councilmembers Wooden, Langworthy, Fitzgerald, Pond, Davis and Starker voting no. Further discussion ensued. The motion to re-advertise for applicants carried 6-2, with Councilmembers Urban and DiTullio voting no. CITY MANAGER'S MATTERS Mr. Goff announced new hours for the Building Division effective May 5. New hours will be 7am -4pm which is more accommodating to the building trades. They've already gotten positive feedback on it. -He alerted folks to the Early Warning siren testing they will hear this coming Wednesday morning at 11 am. -He also announced that the Arvada Community Food Bank is expanding its service to include all of Wheat Ridge. CITY ATTORNEY'S MATTERS nothing CITY CLERK'S MATTERS nothing ELECTED OFFICIALS' MATTERS Jerry DiTullio reminded folks to mail in their Fire District ballots or bring them to the fire station at 3880 Upham by May 6. Don't bring them to City Hall.-He inquired of Mr. Dahl when the Council Rules will be coming forward; Mr. Dahl said it's on the agenda for the next study session. -He asked when the International Property Maintenance code will be coming. Mr. Goff will find out. -He inquired about code changes on sales tax review. Mr. Dahl reported the sales tax division has put together a list of 10 possible code changes for streamlining. It's in the review process and will be coming to Council. -He noted the Housing Authority board members would like to have a joint study session with the Council to discuss Fruitdale School. -He asked if the proposed resolution for eating and living well included any financial obligations or social engineering elements. Genevieve Wooden said the resolution isn't developed yet, but at this point, no. She said the purpose is for future planning such as streets and access to healthy foods. -Mayor Jay said receiving the designation as a healthful city will be beneficial for promoting the City and the elements are already in place. -Genevieve said there's no cost for the designation and the elements addressed are healthy eating, living/exercise and workplace. Transportation is only referenced in a general way. Council Action Form April 28 , 2014 Page 2 FINANCIAL IMPACT: Given the short duration of the moratorium , no significant financial impact is projected. BACKGROUND: As authorized by the Colorado Constitution (Amendments 20 and 64, concerning medical and retail marijuana, respectively) and implementing state law (the Colorado Medical Marijuana Code and the Colorado Retail Marijuana Code), the City has adopted regulations imposing local restrictions on both medical and retail marijuana establishments. These local restrictions include locational requirements, authorizing location of marijuana establishments only in certain zone districts and imposing distance requirements in some instances. Current regulations prohibit the location of a medical marijuana center or a retail marijuana store within I ,000 feet of a school, child care facility, alcohol/drug treatment facility or higher education campus. Additionally, medical marijuana centers and retail marijuana stores may not generally locate within % of a mile of one another. Centers and stores are the only marijuana establishments authorized by law to offer marijuana for sale to the public (patients , in the case of medical marijuana). Existing code does not impose similar distance limitations on marijuana establishments engaged in the business of testing marijuana or manufacturing marijuana products. Marijuana products include edible products , ointments and tinctures. City staff has recommended that the Council review the City's existing regulations on this topic and in regard to zoning and land use related to manufacturing and testing facilities . The temporary moratorium imposed by this ordinance would prohibit the acceptance of new applications and the future processing of pending applications for manufacturing and testing facilities while the Council conducts this review. OPTIONS FOR COUNCIL ACTION: I. Approve the ordinance as presented; or 2. Decline to approve the ordinance; decline to impose any moratorium. RECOMMENDED MOTION: "I move to approve the Emergency Ordinance imposing a temporary moratorium on the submission, acceptance, processing, and approval of applications for a land use approval , permit or license for any medical marijuana-infused products manufacturer, retail marijuana products manufacturer or retail marijuana testing facility and declaring an emergency, order it published , and that it take effect immediately." Or, "I move to postpone indefinitely the ordinance imposing a temporary moratorium on the submission, acceptance, processing, and approval of applications for a land use approval , permit or license for any medical marijuana-infused products manufacturer, retail marijuana products manufacturer or retail marijuana testing facility and declaring an emergency, for the following reason(s) " Council Action Form April 28, 2014 Page 3 REPORT PREPARED/REVIEWED BY; Gerald E. Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: I. Ordinance CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___ _ Ordinance No. ___ _ Series 2014 TITLE: AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF APPLICATIONS FOR A LAND USE APPROVAL, PERMIT OR LICENSE FOR ANY MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURER, RETAIL MARIJUANA PRODUCTS MANUFACTURER OR RETAIL MARIJUANA TESTING FACILITY AND DECLARING AN EMERGENCY WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality operating under a charter adopted pursuant to Article XX of the Colorado Constitution and vested with the authority by that article and the Colorado Revised Statutes to adopt ordinances for the regulation of land use and the protection of the public health, safety and welfare; and WHEREAS, pursuant to the authority granted by Section 14, Article XVIII of the Colorado Constitution and the Colorado Medical Marijuana Code, Article 43.3, Title 12, C.R.S., the Wheat Ridge City Council ("Council") previously adopted local regulations governing medical marijuana establishments; and WHEREAS, pursuant to the authority granted by Section 16, Article XVIII of the Colorado Constitution and the Colorado Retail Marijuana Code, Article 43.4, Title 12, C.R.S., the Council previously adopted local regulations governing retail marijuana establishments; and WHEREAS, pursuant to such local regulations, medical marijuana-infused products manufacturers, retail marijuana products manufacturers and retail marijuana testing facilities may locate within the City upon satisfaction of all state and local requirements applicable to each type of establishment, respectively; and WHEREAS, based on its experience in administering the City's local regulations applicable to manufacturers and testing facilities, City staff has recommended that the Council evaluate the appropriateness of such regulations, particularly in regard to locational requirements, potential land use impacts and zoning issues generally; and WHEREAS, the Council finds that such an evaluation is desirable and appropriate in order to ensure that manufacturers and testing facilities are located only in locations that are consistent with the intent and purpose of the City's comprehensive plans, land use code, compatible with surrounding uses and otherwise in furtherance of the public health, safety and welfare; and WHEREAS, the Council further finds that it is necessary to impose a temporary moratorium on the submission, acceptance, processing, and approval of applications for any land use approval, permit or license for medical marijuana-infused products manufacturers, retail marijuana products manufacturers and retail marijuana testing facilities while the Council conducts its review of current regulations governing the same in order to prevent the location of any such establishment that is contrary to the City's comprehensive plans, land use code, incompatible with surrounding uses or otherwise detrimental to the public health, safety and welfare; and WHEREAS, the imposition of a ninety (90) day moratorium on the submission, acceptance, processing, and approval of all applications for City land use approvals, permits and licenses concerning the operation of medical marijuana-infused products manufacturers, retail marijuana products manufacturers and retail marijuana testing facilities is reasonable and will allow the Council to review, evaluate and amend, if needed, its regulations concerning the same. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Findings. The above and foregoing findings are hereby incorporated by this reference as specific findings and determinations of the Council. Section 2. Temporary Moratorium. A temporary moratorium is hereby imposed on the submission, acceptance, processing, and approval of any application for a City land use approval, permit or license for any medical marijuana-infused products manufacturer, retail marijuana products manufacturer or retail marijuana testing facility. The City staff is directed to refuse to accept for filing, and not to further process or review any pending application for such establishments during the moratorium period. Section 3. Duration. The moratorium imposed by this ordinance shall commence as of the date of adoption of this ordinance and shall expire on the ninety- first (91 51 ) day thereafter. Section 4. Staff to Investigate and Prepare Proposed Regulations. Before the expiration of the moratorium imposed by this ordinance, City staff shall review and analyze the City's existing regulations governing medical marijuana-infused products manufacturers, retail marijuana products manufacturers and retail marijuana testing facilities in relation to locational requirements, potential land use impacts and zoning issues generally. Staff is further directed to investigate and evaluate potential new City regulations concerning the same. This review, investigation and analysis shall be presented to the Council for consideration. The Council declares that it will give due and timely consideration to those recommendations. Section 5. Emergency Declared; Effective Date. Pursuant to Section 5.13 of the Wheat Ridge Home Rule Charter, the City Council hereby finds, determines and declares that an emergency exists and that this ordinance is necessary for the immediate preservation of public property, health, welfare, peace or safety in order to prevent the future location of manufacturing and testing facilities in the City at locations 2 that may be inconsistent with the intent and purpose of the City's comprehensive plans, land use code, incompatible with surrounding uses or otherwise detrimental to the public health, safety and welfare, while the Council undertakes an evaluation of the City's existing regulations concerning the same. The Council finds that the moratorium enacted hereby is reasonable in duration and does not work an undue hardship on current or future applicants that may be affected hereby. This ordinance shall be effective immediately upon its adoption. INTRODUCED, READ, AND ADOPTED AS AN EMERGENCY MEASURE on first reading by a vote of_ to _on this __ day of , 2014, and ordered published in full in a newspaper of general circulation in the City of Wheat Ridge within ten (10) days after passage, or as soon thereafter as possible. SIGNED by the Mayor on this __ day of _____ , 2014 . ATTEST: Janelle Shaver, City Clerk Publication: Wheat Ridge Transcript Effective Date: Joyce Jay, Mayor Approved as to Form Gerald E. Dahl, City Attorney 3 Council Action Form April 28, 2014 Page2 FINANCIAL IMPACT: The proposed ordinance is not expected to have a notable financial impact on the City. The procedural changes may result in shorter review times for some applications and therefore less staff time. BACKGROUND: A subdivision entails the creation or reconfiguration oflots, tracts, or parcels for the purpose of sale or development. Subdivisions are considered quasi-judicial, land-use applications, but unlike zoning, over which the City has broad discretion, a subdivision application is a technical document that, to a large extent, is non-discretionary in nature. Subdivision approvals do not change zoning or pennitted uses, and do not address development design. Instead, subdivision regulations prepare land for development. A plat defines property lines , establishes rights-of-way, and delineates easements. In the case of Wheat Ridge much of this occurs within an infill or redevelopment context, so the proposed amendment seeks to align the City's regulatory environment with these physical realities. The proposed ordinance provides simplified review procedures, more administrative review, clear design standards, uniform and defensible exactions and fees, and improved organization. Below is a summary of the three central amendments that are proposed ; these relate to subdivision review, parkland dedication, and public improvements. Subdivision Review The proposed ordinance features a simplified classification of subdivisions with more administrative review. Based on feedback from the Planning Commi~sion and City Council ,.. study sessions, the ordinance retains three levels of review, but redefines these·three gro~s as administrative, minor, and major subdivisions. The table below outline~ the three classifications and respective review procedures. Proposed Classification of Subdivisions Type Criteria Reviewed by Must meet all criteria: Administrative -Involves 3 lots or less Staff -Conforms to all subdivision and zoning regulations -Does not include dedication of a full public street Must meet all criteria: Minor -Involves 4 or 5 lots Planning Commission -Conforms to all subdivision and zoning regulations -Does not include dedication of a full public street Any plat that exceeds administrative or minor review: Major -Involves more than 5 lots, or Planning Commission -Includes a variance or waiver, or and City Council -Dedicates a full public street Council Action Form April28 ,2014 Page 3 Currently, administrative review is limited only to two-lot consolidations or lot line adjustments; and the proposed ordinance expands administrative plats to include those involving 3 lots or fewer. This is recommended as an appropriate change in large part because a subdivision plat is a technical document that does not change the underlying land use entitlements . Regardless of size, any application with a variance or waiver request will automatically be processed as a major subdivision requiring review by Planning Commission and City Council. This is consistent with current practice and ensures that administrative review remains entirely objective. Sections 26-405 and -406 in the attached ordinance outline the types of plats and the review procedures. While more subdivision applications would qualify for administrative review , the process itself remains unchanged. Because the plat is a non-discretionary technical document (similar to a building permit), administrative review will not include a neighborhood meeting or public noticing. Non-administrative review of minor and major plats will follow the noticing procedures required for all public hearings. Parkland Dedication Parkland dedication is currently required for all new residential subdivisions or developments and is based on the assumption that additional residents create additional demands on parks , open space, and recreational facilities. The parkland dedication provisions are significantly revised to ensure that requirements are aligned with standard planning practices and to ensure consistent implementation . To this end , the ordinance includes three fundamental changes : how land dedication is calculated , how fees- in-lieu of dedication are calculated , and whether or not an applicant can seek relief. Up to now , the land dedication formula has been based on 0.016 acres per dwelling unit. The revised calculation is based on projected population. This type of metric or density multiplier is more common and is more defensible because it is related to actual impact. When land is not available to dedicate or the City does not desire a dedication , a fee is assessed in-lieu. Historically, the fee amount has been assessed inconsistently because it is based on "fair market value"- a relatively ambiguous term. As an alternative, the ordinance proposes that City Council establish a fair and defensible per acre fee or land value. This will allow the fee-in-lieu to be assessed uniformly and will result in a predictable cost. This fee will be set by resolution by City Council at the same time or shortly after the second reading of the ordinance. In the past, applicants have routinely sought relief from parkland requirements by requesting reduced fees , complete waivers , or credit for on-site facilities. Very few communities fully exempt projects from parkland dedication , but several incorporate reduced requirements as a means of offering relief. Reductions are provided in the proposed ordinance by lowering the density multipliers, as shown in the table below. Council Action Fonn April 28 , 2014 Page4 Proposed Density Multipliers Category · Persons per dwelling un1t Residential Within Y2-mile of transit Within an urban renewal area Within a mixed use development Senior housing *Definitions for each category are provided in section 26-414 . 2.12- 1.7 1.7 1.7 1.5 ** This number is based on the city-wide average household size. It will not be codified so it can be updated annually based on census data . Through the use of reductions, relief can be offered to broad classes of development instead of assessed on a case-by-case basis. Based on these categories , higher density projects are less likely to be penalized with a disproportionately high land dedication . In addition , reductions will help to incentivize or direct higher density and mixed use development to appropriate areas of the City. In the same spirit, this type of incentive supports the regionally adopted goal of locating fifty percent of all new housing units in designated urban centers ; the City has two designated urban centers-along Wadsworth and the Northwest Subarea. Public Improvem ents Public improvements can include but are not limited to the installation of curb , gutter, sidewalk, drainage facilities , amenity zones , utilities , street lights , and paving. Provision of public improvements (or a fee-in-lieu) is a condition of approval for certain types of subdivisions and development where adjacent improvements are substandard or nonexistent. This requirement is authorized by a series of code sections and documents, and this plurality has ultimately created inconsistencies, confusion , and inequities. With this in mind , the approach to public improvements has been revised to balance several goals: ensure consistency when requiring public improvements versus fees-in-lieu , support the City's goals of providing bicycle and pedestrian facilities , ensure all developers and residents bear an equal and proportionate cost of enhancing the city 's roadways , and promoting fair and equitable requirements and fees. Under the revised approach , public improvement provisions are consolidated into one section in the code (sec. 26-417). Street improvements are based on the type of development being proposed , and these standards are uniform for any type of development application (such as platting or building permits). This approach is summarized in the table below . Consistent with current practice, only certain types of projects will trigger the provision of street improvements. These include new roads , new lots, new development, and additions that increase floor area by more than 60%. Smaller projects that do not meet these thresholds do not generally trigger street improvements . Council Action Form April 28, 2014 Page 5 Project Type Any project with new public streets Multifamily residential or commercial Single-or two-family residential Required Street/Streetscape Improvements An applicant must build the new street to current city standards. The timing of construction is determined by a subdivision improvement agreement or is deferred with a development covenant. An applicant is responsible for all streetscape improvements if frontage does not meet current right-of-way standards. Applicants are required to construct improvements or pay a fee-in-lieu based on the decision of the Public Works Director. If fees are paid in lieu of construction, they are calculated for the specific improvements that would otherwise be built and are based on an engineer's estimate of all removal and installation costs. An applicant is responsible for curb, gutter, sidewalk . In most circumstances applicants may choose to build the improvements or pay a fee-in-lieu . Where construction would be impractical an applicant may be required to pay the fee-in-lieu . If fees are paid in lieu of construction , they are calculated based on the linear frontage of the lot and the cost of curb, gutter, and a 5-foot attached sidewalk (the minimum local street standard). Where partial improvements are existing, the fee will be adjusted accordingly. Because the single-and two-family fee calculation represents a development fee that will apply uniformly to a broad class of projects, an impact fee study is included as an attachment to this report. The study documents the fee calculation and establishes a legislative basis for such requirements . Staff estimates the single-/two-family fee for installation of curb, gutter, and sidewalk is about $52 per linear foot. Fees will be based on prevailing costs and may rise or fall accordingly. For a typical 75-foot wide R-2 zoned lot , the resulting fee would be $3900. Other amendments In addition to the revisions described above, the ordinance includes the following changes: • Subdivision design standards are consolidated and reorganized to ensure appropriate infrastructure, connectivity and logical lot layouts. • The street naming and numbering regulations are removed from Article IV and relocated to Article VI of Chapter 26 (supplementary regulations) because they apply to all development within the City. • The definitions section is updated and includes the addition of several new terms related to the subdivision process. • Outdated quantitative standards are removed from the code; where these standards are still relevant they will be provided by the Community Development or Public Works Departments. • Appendix A is removed from Chapter 26. This includes an outdated fee schedule that was codified in 2003. Current administrative fees associated with development applications are maintained in the Community Development Department. • All references to the subdivision regulations throughout the code of laws are updated to reflect the changes within Article IV. Council Action Form April28 ,2014 Page 6 RECOMMENDATIONS: Staff recommends approval of the ordinance. The purpose of this code amendment is to establish a more logical and efficient review procedure, and to update subdivision regulations to reflect the infill environment of the City of Wheat Ridge. Ultimately, the proposed ordinance supports City goals by creating a regulatory environment that is reasonable, efficient, contemporary, and predictable. RECOMMENDED MOTION: "I move to approve Council Bill No. 02-2014 , an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the subdivision regulations and making certain related amendments to Chapters 2 and 5 in association therewith , on second reading and that it take effect fifteen days after final publication ." Or, "I move to postpone indefinitely the ordinance amending Chapter 26 of the Wheat Ridge Code of Laws conceming the subdivision regulations and making certain related amendments to Chapters 2 and 5 in association therewith , for the following reason(s) , REPORT PREPARED BY: Lauren Mikulak, PlaJmer II Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: I. Council Bill No. 02-2014 2. Streetscape Impact Fee Study 3. Planning Commission Meeting Minutes (April 3, 2014) CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STARKER COUNCIL BILL NO. 02 ORDINANCE NO. ___ _ Series 2014 TITLE: AN ORDINANCE AMENDING CHAPTER 26 CONCERNING THE SUBDIVISION REGULATIONS AND MAKING CERTAIN RELATED AMENDMENTS TO CHAPTERS 2 AND 5 IN ASSOCIATION HEREWITH (CASE NO. ZOA-14-01) WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, in the exercise of that authority, the City Council of the City of Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the "Code") pertaining to zoning, land use, and development; and WHEREAS, the City has identified a need to simplify land use processes so review is efficient and costs are predictable; and WHEREAS, the City wishes to amend Article IV of Chapter 26 pertaining to subdivision regulations; and WHEREAS, the City has determined that additional sections of the Code should be amended for the sake of clarification. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Article IV of Chapter 26 of the Code is hereby repealed in its entirety and reenacted to read as follows: ARTICLE IV.-SUBDIVISION REGULATIONS Sec. 26-401. -Intent and purpose. A. Citation . This article shall be known and cited as the "subdivision regulations" of the City of Wheat Ridge, Colorado, or "these regulations," or "this article." B. Authority. No final plat of a subdivision shall be approved and accepted by staff, the planning commission or the city council unless it conforms to the provisions of these regulations. Pursuant to the authority contained in Article XX, Section 6 of the Colorado Constitution and in Colorado Revised Statutes sections 29-20-101 et seq., 31-23-101 et seq., and 24-67-101 et seq., the Wheat Ridge planning commission and city council are vested with the power and authority to adopt and amend these subdivision regulations Attachment 1 C. Purpose. The intent of these regulations is to prepare land for development and to recognize that the arrangement of parcels, streets, and infrastructure has a direct impact on the character and environment of the city. The general purposes of this article are as follows: 1. To protect the health , safety, and welfare of present and future residents of the city . 2. To promote orderly growth and good planning practice . 3. To guide land development that is consistent with the city's adopted plans and zoning regulations. 4. To ensure the provision of adequate public facilities and utility service. 5. To promote efficient circulation, logical lot layout , and necessary roadway and pedestrian connections . 6. To conserve natural resources and provide reasonable protection from flood and other hazards . 7. To provide open space and recreation facilities for residents. 8. To establish consistent and reliable land records and monumentation. 9. To provide a process for review and substantive requirements for approval. Sec. 26-402. -Applicability. A. Jurisdiction. These subdivision regulations shall be applicable within the following areas : 1. All land located within the City of Wheat Ridge. 2. Land in the process of annexation to the City of Wheat Ridge. 3. All unincorporated land located within three (3) miles of the corporate limits of the City of Wheat Ridge for major street plan purposes when a major street plan has been approved in accordance with the requirements of C.R.S. § 31-23-212. B. General Applicability. 1. These subdivision regulations shall apply to the creation or boundary modification of lots, tracts, parcels or other divisions of land for any purpose, including but not limited to its immediate or future sale, transfer, or development, whether residential, industrial, office, business or otherwise. 2. This article shall apply to a resubdivision or any division of land previously subdivided or platted, as well as to a lot line adjustment or consolidation of two or more lots, tracts, or parcels . 3. The transfer of any portion of land by the use of description for the purpose of sale, transfer, lease or development is prohibited until the division of land is approved and recorded in accordance with these subdivision regulations. 4. No subdivision plat shall be used for purposes of sale or development until the plat is approved and recorded in accordance with these subdivision regulations. 2 C. Exemptions. This article shall not apply to the following: 1. Any division of a tract of land into separate parcels of at least thirty-five (35) acres each for the purposes of sale; 2. Any division of land which is created by order of any court in this state or by operation of law, such as settlement of an estate; 3. Any division of land which is created by a foreclosure of a deed of trust, lien, mortgage or any other security instrument; 4. Any division of land which is created by a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in any investment entity; 5. Any division of land which creates cemetery plots; 6. Any sale of any interest in a lot or parcel of land which has located upon it a single main structure, which structure and associated land is to be divided into separate ownership, and so long as required parking and access to a public street is guaranteed to each owner by direct access, or through a recorded ingress/egress easement of at least ten (1 0) feet in width, or parking easements, as may be necessary. The intent of this exception is to ensure that the area and setback requirements for structures are met, but to allow subsequent division of an individual structure and associated land into separate ownership, as with duplex splits or condominium plats. This exception shall not apply whenever it is desired to sell off land for the purpose of creating a new building site; 7. Vacant nonconforming parcels of record as described in section 26-120; 8. The division of land for the purpose of conveyance of real property to the city in satisfaction of land dedication, condemnation, annexation, or other city requirements, including a city-approved land trade; 9. Acquisition of an interest in land in joint tenancy, or as tenants in common, or a joint venture. 10. A consolidation of eligible lots through a property merger agreement in accordance with section 26-117. D. Pending applications. Any application for a subdivision plat filed on or after May 16, 2014 shall be controlled by the provisions of these regulations. Any application for a subdivision plat filed prior to and pending on that date shall be controlled by the provisions of the subdivision regulations in effect at the time of the filing of the application (which regulations are retained in force solely for that limited purpose), unless the applicant chooses to have the application processed under the provisions of these regulations. E. Private covenants. These regulations are not intended to abrogate any easement, covenant, or any other private agreement or restriction. It is not the intent of these regulations that the city will enforce any private easement, covenant, agreement, or restriction; such provisions being a function of the right of individual property owners to further or separately restrict the use of their property as one (1) of the rights attendant upon property ownership. These regulations shall not be interpreted to either enhance 3 or diminish such private restrictions, and the existence of such private restrictions shall neither enhance nor dimin ish the application or enforceability of these regulations. Sec. 26-403. -Enforcement and penalties. A. General. It shall be unlawful for any person to sell , convey , transfer, or otherwise dispose of or subdivide any property within the city without compliance with this article or where such sale, conveyance , transfer, disposition , or division would otherwise result in the creation of a nonconforming lot or nonconforming parcel of land as such term is defined by section 26-120. In addition to any other remedy available to the city , the city shall not recognize or permit the use of a lot or parcel created in violation of these regulations unless and until such lot or parcel is properly subdivided and meets all applicable requirements of the Wheat Ridge Code of Laws . B. Permits withheld. No permits shall be issued by any administrative officer of the City of Wheat Ridge for the construction or occupancy of any building , or other improvement requiring a permit , upon any land for which a plat is required by these regulat ions , unless and unti l the requirements of the subdivision regulations have been met. C. Penalties. 1. Any subdivider or agent of a subdivider who transfers or sells or agrees to sell or offers to sell any subdivided land before a final plat for such subdivided land has been approved by the city and recorded in the office of the Jefferson County Clerk and Recorder shall be guilty of a misdemeanor and , upon conviction of such violation , shall be subject to a fine not to exceed one thousand dollars ($1 ,000 .00), or imprisonment not to exceed one (1) year, or both such fine and imprisonment. 2. This fine or sentence shall be applicable for each parcel or interest in subdivided land which is sold , agreed to be sold , negotiated to be sold and /or transferred . 3. The city shall have the power to bring an action to enjoin any subdivider from selling , agreeing to sell , offering to sell , use , occupy or develop unsubdivided land before a final plat for such subdivided land has been approved by the city . D. Sale voidable. Any deed of conveyance, sale or contract to sell made contrary to the provisions of these regulations is voidable at the sole option of the grantee , buyer, or person contracting to purchase , his heirs , personal representatives , or trustee within one (1) year after the date of execution of the deed of conveyance , sale, or contract to sell is binding upon any assignee or transfer of the grantee , buyer, or person contracting to purchase , other than those above enumerated. Sec. 26-404.-Definitions. As used in these regulations , the following words shall be interpreted and defined in accordance with the provisions set forth in this article : Adjacent property owners: Those persons who are shown in the then current records of the Jefferson County Assessor, as owning real property adjoining the land being 4 proposed for subdivision platting; disregarding intervening public streets, alleys, or other public right-of-way;. Administrative subdivision: See subdivision, administrative. Alley: A right-of-way, dedicated to public uses, which gives a primary or secondary means of vehicular access to the rear or side of properties otherwise abutting a street, and which may be used for public vehicular and/or utility access. Bicycle and pedestrian route: A street or trail that is part of the city's existing or proposed bicycle and pedestrian network as designated in the City of Wheat Ridge Bicycle and Pedestrian Master Plan. Block: A unit of land within a subdivision containing two or (2) more lots which is bounded by public or private streets, highways, railroad rights-of-way, public walks, alleys, parks or open space, rural or vacant land, drainage channels, subdivision boundaries, property boundaries or a combination thereof, and which is customarily divided into lots. City datum: Those three-dimensional coordinate values established during the state plane coordinate conversion program for all quarter corners, and section corners, and permanent high accuracy control (PHAC) points within and adjacent to the City of Wheat Ridge. Colorado Revised Statutes: The current edition of the laws governing the State of Colorado; hereinafter referred to as "C.R.S." Dedication: The intentional conveyance of land by the owner to the city for use as public right-of-way or easement. Dedication, fees in lieu of: Cash payment that may be required of an owner or developer as a substitute for a dedication of land or physical improvement. Duplex split: The process by which a single existing structure with two legal dwelling units is divided into separate units of ownership for the purpose of selling an interest in the existing structure and associated land. This process is not subject to the subdivision regulations per section 26-402.C. Easement: A nonpossesing legal interest in land, granted by a land owner to another person or entity which allows that beneficiary the use of all or a portion of the owners' land, for a stated purpose such as access, drainage, or placement of utilities. Geodetic surveying: The performance of surveys in which measure or account is taken of the shape, size, and gravitational forces of the earth to determine or predetermine the horizontal or vertical positions of points, monuments, or stations for use in the practice of professional land surveying or for stating the geodetic position of control points, monuments, or stations by using a coordinate system or derivative thereof recognized by the National Geodetic Survey. Lot merger: See plat, consolidation. Lot, through: An interior lot abutting on more than one (1) street or corner lot abutting on more than two (2) streets. Major subdivision: See subdivision, major. 5 Minor subdivision: See subdivision, minor Monuments: Actual points set into the ground to locate, delineate, or describe tracts of land. These include: a) United States Land Survey Monuments, the points or corners established by the survey of public lands for the United States Government, also the reestablishment or restoration of said corners; b) the points or corners set by a Colorado registered land surveyor in accordance with the Colorado Revised Statutes. Mylar: A clear plastic material on which the plat is "photographically" reproduced. It shall be a minimum of four one thousandths (.004) of an inch thick and have a matte finish on both sides. PHAC points: Permanent high accuracy control points established during the City of Wheat Ridge State Plane Coordinate Conversion Program by and for use in global positioning surveys. Plat, condominium: A plat which shows the division of land based on condominium ownership of an existing structure. This process is not subject to the subdivision regulations per section 26-402.C . Plat, consolidation: A plat which aggregates two (2) or more parcels or portions of land into a single lot, development or building site. See also section 26-117. Plat, final: A map of a land subdivision with necessary affidavits, dedications, and acceptances and with complete bearings and dimensions of all lines defining lots and blocks, streets and alleys, public areas and other dimensions of land for the recording of real estate interests with the Jefferson County Clerk and Recorder's office. All final plats shall comply with C.R.S. Article 51, Title 38. Plat, land survey: A plat which shows the information developed by a monumented land survey and includes all information required by C.R.S. § 38-51-106. Plat, lot line adjustment: A plat which adjusts the common property line or boundaries between two (2) or more parcels or portions of land, through which an equal or lesser number of lots are created. Plat, recorded: The official document which is filed with the Jefferson County Clerk Recorder's office. Plat, townhouse: A plat which shows the division of land based on a townhouse ownership structure. Townhouse development is subject to these regulations and requires a subdivision plat. Preapplication conference: A nonbinding, informative meeting between an applicant and staff that is required prior to submitting any plat application, in accordance with section 26-104. Private drive: A thoroughfare for vehicular traffic which provides access to no more than four ( 4) dwelling units. Public street: A dedicated public thoroughfare for vehicular traffic in accordance with the requirements as set forth in the subdivision regulations, the comprehensive plan, the Bicycle and Pedestrian Master Plan, and the Streetscape Design Manual of the City of Wheat Ridge. 6 Rep/at: See resubdivision. Resubdivision: The changing of any existing lot, tract, or parcel of any subdivision plat previously recorded with the Jefferson County Clerk and Recorder. Right-of-way: An area of land granted, acquired, or dedicated by deed or plat for public use and travel. In addition to a roadway, it may also include curbs, gutters, sidewalks, streetscape amenities, traffic signs and signals, lighting, and public utilities. Sketch plan: A rough sketch of a proposed subdivision indicating tentative lot layout and thoroughfare alignment to be used for the purpose of discussion at a preapplication conference. Subdivider: Any person , partnership , joint venture, association , corporation , person in a representative capacity, or other legal entity or legal representative who shall participate in any manner in the dividing of land for the purpose, whether immediate or future, of sale or building development. Subdivision or Subdivide: The creation or boundary modification of lots, tracts, parcels , or other divisions of land for any purposes whether immediate or future, including for sale or building development, whether agricultural, residential , industrial, commercial or other use. The term shall also include and refer to any division of land previously subdivided or platted but shall not include nor refer to a transaction or transactions which is or are exempt under these regulations. Subdivision, administrative: Any subdivision , consolidation , or lot line adjustment that involves 3 or fewer lots or parcels, conforms to all subdivision and zoning regulations , and does not include the dedication of a public street. See section 26-405. Subdivision , major: Any subdivision , consolidation , or lot line adjustment that does not meet the definition of an administrative or minor plat, including any plat with a right- of-way vacation or the dedication of public streets. See section 26-405. Subdivision, minor: Any subdivision, consolidation , or lot line adjustment that involves 4 or 5 lots or parcels , conforms to all subdivision and zoning regulations, and does not include the dedication of a public street. See section 26-405. Subdivision Improvement Agreement: An agreement between the city and developer that clearly establishes the developer's responsibility to construct any required public improvements for a subdivision, such as street or drainage facilities, and to provide financial security to ensure completion of the improvements. Tract: A portion of land that is part of a subdivision which is designated for some purpose other than a building site or lot, sometimes known as an outlot. Vacation: The termination of, or termination of interest in, an easement , right-of-way , or public dedication of land by resolution, plat or separate instrument. Variance : A deviation from the strict application of the development standards contained in these regulations due to unusual or atypical site conditions or characteristics . See section 26-115. Waiver: A waiver is a permitted exemption or reduction from a design principle or required improvement based on the specific conditions , circumstances or design context of a development proposal. 7 Sec. 26-405. -Types of plats. These regulations recognize a variety of platting circumstances and provide specific requirements and procedures for each . These types of plats are set forth below. A. Administrative plat. 1. Any subdivision, consolidation, or lot line adjustment meeting all of the following criteria: a. Involves 3 or fewer lots or parcels , b. Conforms to all subdivision and zoning regulations, includes no waiver or variance, and c. Does not include the dedication of a full-width ("Full") public street right-of- way, but may include a partial , less than Full dedication of right-of-way adjacent to an existing public street or for other purposes . See section 26- 415. 2. Review and approval of this type of subdivision plat is an administrative process that does not require a public hearing; the review procedure is outlined in section 26-406 .8. B. Minor plat. 1. Any subdivision , consolidation, or lot line adjustment meeting all of the following criteria : a. Involves 4 or 5 lots or parcels, b. Conforms to all subdivision and zoning regulations, includes no waiver or variance , and c. Does not include the dedication of a full-width public street right-of-way, but may include a partial, less than full-width dedication of right-of-way adjacent to an existing public street or for other purposes . See section 26-415 . 2. Review and approval of a minor subdivision plat requires one (1) a public hearing; the review procedure is outlined in section 26-406 .C. C. Major plat. 1. Any subdivision, consolidation , or lot line adjustment that does not meet the definition of an administrative or minor plat , including any plat with a right-of-way vacation or dedication of new or full-width public streets. 2. Review and approval of a major subdivision plat requires two (2) public hearings ; the review procedure is outlined in section 26-406 .C. Sec. 26-406. -Review procedures. All applications are subject to the following review procedures. 8 A. Preapplication conference. Prior to submitting any plat application, the applicant must participate in a preapplication conference, as described in section 26-104. A sketch plan shall be provided to the community development department for review prior to the preapplication conference. B. Administrative plat review procedure. 1. Application filing . An application packet shall be submitted to the community development department. Staff will review the application for completeness in accordance with the submittal requirements in section 26-410. If staff determines the application is not complete, it will be returned to the applicant and not further processed until the incomplete items have been supplied . 2. Review and referral. Upon rece ipt of a complete application packet the community development department will review the application and refer the application to affected departments and agencies for review and comment. The applicant must address all comments and resubmit relevant documents . 3. Decision. After the review period, staff will prepare written findings with a recommendation. The community development director shall review the plat and approve, approve with conditions, or deny the plat. C. Minor and major plat review procedure. 1. Application filing . An application packet shall be submitted to the community development department. Staff will review the application for completeness in accordance with the submittal requirements in section 26-41 0. If staff determines the application is not complete , it will be returned to the applicant and not further processed until the incomplete items have been supplied. 2. Review and referral. Upon receipt of a complete application packet the community development department shall proceed with the following process : a. Staff will review the application and refer the application to affected departments and agencies for review and comment. The applicant must address all comments and resubmit relevant documents. b. After the review period , staff will give notice of scheduled public hearings on the application before the planning commission and , if needed, the city council. Notice shall be by publication , letter, and site posting in the manner provided in section 26-109 . c. Staff will prepare a written report to the planning commission which evaluates the proposal , makes findings , and makes a recommendation . 3. Public hearing . a. Planning commission review. The planning commission shall hold a public hearing to review the plat and to hear and consider any evidence or statement presented by the applicant, city staff, or by any person in attendance at the public hearing. Any recommendation or decision shall be based upon the facts presented in the public hearing and in consideration of the regulations and standards of this article and article II of this chapter. 9 i. Minor subdivision. The planning commission shall make a decision to either approve, approve with conditions, or deny the application. The decision by planning commission is final for minor subdivisions. ii. Major subdivision . The planning commission shall make a recommendation of approval , approval with conditions , or denial of the application . The recommendation shall be forwarded to city council for final action. b. City council review . City council shall review and decide upon all major subdivision applications at a public hearing. Upon receipt of the final plat and accompanying recommendations , the city council shall either approve, approve with conditions, deny, or refer the plat back to planning commission for further review. City council shall base its decision upon all evidence presented , with due consideration of the regulations and standards of this article and article II of this chapter. D. Recording approved documents . 1 . All approved plats shall be recorded with the Jefferson County Clerk and Recorder. A recordable mylar of the plat and associated recording fees shall be submitted to the community development department within ninety (90) days of final action . 2. A subdivision improvement agreement , if required , shall be executed and recorded with the Jefferson County Clerk and Recorder concurrently with recordation of the final plat. Guarantee shall be provided as required by section 26-418 . 3. If public land dedications or easements are not conveyed by final plat , deeds or other documents of conveyance for such dedications shall be executed and recorded with the Jefferson County Clerk and Recorder concurrently with recordation of the final plat. 4. Fees in lieu of parkland ded ication , if required by section 26-414, shall be paid at time a recordable document is submitted. 5. Fees in lieu of constructing public improvements , if required , shall be paid at time a recordable document is submitted. 6. For lot line adjustments , a deed to transfer title of property from one owner to the other must be recorded along with the plat. 7. If the applicant fails to provide all required recordable documents within ninety (90) days of final action , the approval shall exp i re . The community development director is authorized to grant, in writing , one (1) or more extensions of time , for period of not more than thirty (30) days each . The extension shall be requested in writing and justifiable cause shown. 8. No building permits shall be issued until the plat is recorded. E. Review considerations . Decisions on subdivision applications are technical and non-discretionary in nature . The regulations and standards of this article shall be used 10 by the city council, planning commission , and community development director in judging the merits of the application submitted for review . F. Appeal. Because of the technical and non-discretionary nature of subdivision decisions, an appeal may be filed only when a decision is based in whole or in part on an incorrect finding of compliance with these regulations. 1 . Appeals may be filed by the applicant or property owner. 2. A written appeal shall be submitted to the community development department within ten (10) days of a decision. 3. Any appeal of the community development director's decision shall be heard by the planning commission at a public hearing in accordance with section 26-109. 4. Any appeal of the planning commission 's decision shall be heard by the city council at a public hearing in accordance with section 26-109. Sec. 26-407. -Error correction. Occasionally errors may be discovered on a recorded plat , and revisions are necessary which do not affect the character of the subdivision. It is the intent of the city to establish reasonable standards and administrative procedures to correct such errors in order to protect the interests of affected property owners. A. Types of errors. Minor errors which are eligible for administrative correction include , but are not limited to , the following : 1 . Typographical and spelling errors or transpositions . 2. Incorrect seals . 3. Incorrect dates. 4. Monumentation incorrectly noted, drawn or missing . 5. Incorrect or missing bearings and/or dimensions on the drawing . 6. Missing or incorrectly displayed arrows or symbols. 7. Street name changes or corrections. 8. Removal of or revisions to utility easements upon approval of all affected utility companies. 9. Additions to or deletions from the legal description or dedicatory language that are not typographical in nature. 1 O.lncorrect certificates or signatures . 11 . Other items or circumstances to be determined by the community development director and/or the director of public works. B. Correction procedure. Corrections approved by the community development director and any affected agencies are made by an affidavit of correction. The affidavit is prepared by city staff, and any necessary exhibits are prepared , signed and sealed by the professional land surveyor of record . The affidavit is signed as needed and 11 appropriate by the owner, land surveyor, community development director, mayor, and city clerk. The affidavit shall reference the title of the original subdivision and be recorded with the Jefferson County Clerk and Recorder's office . C. In no instance shall additional parcels be created, lot lines adjusted or the general character of the subdivision be altered by an affidavit of correction . Sec. 26-408. -Resubdivision. The redivision of any lot , tract , or parcel or the relocation of public streets within an approved subdivision shall be considered a resubdivision or replat and shall require a new application subject to the procedures described in section 26-406 . Sec. 26-409. -Variances and waivers. A. Review procedure. Any subdivision application that includes a request for a variance or waiver shall be processed as a major subdivision and rev iewed by planning commission and city council. B. Variance. Where a subdivider proposes a plat that does not fully comply with the development standards contained in these regulations or in the zoning code , the subdivider must provide a written variance request as part of the application contents. The variance request shall be considered pursuant to the procedures , review criteria, and voting ratios set forth in sections 26-115 and 2-53 (d). C. Waiver . A waiver is a permitted exemption or reduction from a design principle or required improvement based on the spec ific conditions, circumstances or design context of a development proposal. The burden of demonstrating that a waiver is justified falls on the applicant. 1. Process. The applicant shall submit to the community development department a letter requesting the waiver and providing justification addressing the review criteria in subsection 2 below . The waiver shall be considered concurrently with review of the final plat. Final action on the request shall be made by city council. 2. Review criteria . a. Unique physical circumstances exist that limit the ability of the property to comply with the regulations set forth in this article. Special circumstances or conditions include narrowness , unusual shape , exceptional topographic conditions , floodplains , or other extraordinary situations. Financial difficulties , loss of prospective profits and previously approved exceptions in other subdivisions shall not be considered as special circumstances or conditions ; or b. An alternative design exists that will meet the intent of the standards and requirements set forth in th is article. The waiver: i. Shall provide for orderly subdivision of land ; ii. Shall benefit the public without detriment to public interest or surrounding properties; 12 iii. Shall not be in conflict with the comprehensive plan or the spirit of approved policies and regulations; and iv. Shall not endanger public safety. Sec. 26-410.-Application contents. A. Application contents. A complete subdivision application shall include: 1 . Complete and notarized application form. 2. Appropriate fee. 3. Proof of ownership, such as copies of deeds. 4. Written authorization from property owner(s) where an agent acts on behalf of the owner( s ). 5. A written description of the request. 6. Mineral rights certification form. 7. Commitment for title insurance, if applicable. 8. Geodetic surveying requirements checklist, completed and signed by surveyor. 9. Closure sheet(s) for the exterior boundary and all individual lots, with the area rounded to the nearest square foot and acreage to four (4) decimal places . 10. Final plat. The application shall include the appropriate number of copies and electronic files, as determined at the pre-application conference. All final plats shall comply with C.R.S . Article 51, Title 38. All form and content requirements shall be met, as described below in subsections B and C. 11. Supplemental reports. In addition to the information contained on the final plat supportive information may be required in the format of hard copies, electronic files, or both. These may include, but are not limited to: a. Trip generation or traffic report; b. Final drainage report and plan; c. Grading, drainage, and erosion control plan; d. Stormwater management plan (SWMP); e. Stormwater operations and maintenance manual (O&M Manual); f. Civil construction plans; g. Subdivision improvement agreement or development covenant agreement; h. Exhibit and deed for partial right-of-way dedications; i. Homeowner's association declaration or agreement. B. Form of final plat. 1. Maps of the subdivision plat shall be drawn at not less than a scale of one (1) inch equals one hundred (1 00) feet. 13 2. Outer dimensions of the map shall be twenty-four (24) inches by thirty-six (36) inches with the following minimum margins: at least one (1) inch along the top and at least one-half (1'2) inch on the bottom and right sides. 3. Once a plat is approved, the plat shall be photographically reproduced or computer plotted on four millimeter (.004) thick mylar. No sticky-backs, transfer lettering, or labels shall be used on the mylar. All signatures must be permanent black ink. No ball point pens shall be used. 4. Maps of two (2) or more sheets shall be referenced to an index map placed on the first sheet and each sheet shall be numbered (e.g. sheet 1 of 3). C. Content of final plat. 1. Project information. a. Title of document. The title of the subdivision shall not duplicate another subdivision plat title in the records of the Jefferson County Clerk and Recorder's office. b. A surveyed metes and bounds legal description of the platted boundary, with section ties to two (2) section corners in conformance with city geodetic surveying requirements. Coordinates for all section corners, and quarter- section corners, and PHAC points used shall be consistent with the City of Wheat Ridge current city datum, and are available from the public works department. c. Basis of bearing statement , consistent with current city datum. d. Small scale location map, with north arrow and scale. e. Name, address, and phone number of architect, engineer, or surveyor associated with the project. f. Appropriate signature and certification blocks as determined by the community development department, such as for owners, lenders, and city officials. g. Signature and seal of the Colorado licensed professional land surveyor along with a statement that the survey was performed by him/her or under his/her direct responsibility , supervision, and checking, and in accordance with all City of Wheat Ridge requirements and applicable Colorado Statutes, current revised edition, as amended. h. Release of areas dedicated to public use by mortgage or lien holder. i. Standard easement notes as determined by the community development department. j. Dedicatory statement, if applicable. k. Case history box with reference case numbers. 2. Graphical information . a. All items on the City of Wheat Ridge geodetic surveying requirements for final plats shall be adhered to and provided on the plat. 14 b. Graphical representation of property boundary consistent with legal description. c. Lot areas and dimensions for each lot, tract, and parcel. d. Accurate dimensions for all lines, angles, and curves used to describe boundaries , streets , alleys , easements, areas to be reserved for public use , and other important features. i. Distance and bearings shall be on current city datum. ii. All curves shall be circular arcs and shall be defined by all of the following : the radius , central angle , arc length , chord length , and chord bearing. iii. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of at least one (1) in fifty thousand (50,000). iv. No final plat showing plus or minus dimensions will be approved. v. Total area shall be rounded to the nearest square foot and acreage to four (4) decimal places. e. Monument information , including: i. A description of all monuments that mark the boundaries of the property , both found and set , and a description of all control monuments used in conducting the survey . ii. Right-of-way survey monuments shall be established per City of Wheat Ridge standard specifications for all new roadways or relocation of existing roadways , at all new road right-of-way centerline intersections, center of radius for cui-de-sacs , and at the end of the centerline for dead end streets . Right-of-way survey monuments may also be required at roadway centerline points of curvature , points of reverse or compound curvature , and points of tangency, as determined by the department of public works. iii. Coordinates for all control monuments used shall be consistent with the current city datum. f. Identification of all proposed lots , blocks, and street names. Tentative addresses for each lot shall be provided by the city . g. Identification of existing streets, alleys , parks , and other public facilities . h. Identification of all easements within and abutting the subject property , including the purpose and dimensions . If any easement already of record cannot be definitely located, a statement of its existence and its recorded reference shall appear on the plat title sheet. i. Identification of adjacent property by subdivision name , lot, and block. If adjoining land is unplatted , it shall be identified as such. j. Identification of zon ing within and adjacent to subject property. k. Identification of areas reserved for future public acquisition. 15 I. Extent of 1 00-year floodplain and floodway, if applicable. m. Legend, north arrow, and scale (not to exceed 1" = 1 00'). Sec. 26-411.-Subdivision design. A. General requirements. 1. Name of subdivision. The title of the subdivision shall not duplicate another subdivision plat title in the records of the Jefferson County Clerk and Recorder's office . 2. Compliance with other provisions. All subdivisions shall comply with applicable zoning, design, and development regulations set forth in Chapter 26. B. Blocks. 1 . Block lengths and widths shall be suitable for the proposed land uses and for the zoning requirements pertaining to minimum lot sizes and dimensions . 2. In blocks over one thousand (1 ,000) feet long , mid-block pedestrian crosswalks may be required as determined by the department of public works . 3. For property in a mixed use zone district, block size shall also conform to requirements in section 26-1108.B . C. Lots. 1. All lots shall be developable and capable of being built upon. Where undevelopable tracts are necessary for purposes other than building, the plat should designate the tract and identify the purpose, maintenance, and ownership of such. 2. Lots shall meet all applicable zoning requirements. a. Individual townhouse lots shall be exempt from minimum lot size, lot width , and interior side yard setback requirements, so long as the development parcel for the entire multi-unit townhouse building meets all standards of article II. Individual townhouse lots shall not be developed for any purpose other than townhomes, and the plat shall include a note to this effect. 3. Through lots shall be avoided, except where essential to provide separation from major arterials . 4. Side lot lines shall be substantially at right angles or radial to street lines when feasible. 5. Reverse corner lots shall be avoided where possible. 6. All lots or parcels created by subdivision shall have access to or frontage upon a public street as required by 26-609. 7. Flag lots are not encouraged but are permitted when they are the most appropriate development option as determined by the community development director. Use of a flag lot design shall meet the following criteria: a. The minimum width of the pole portion abutting a public street is 25 feet. 16 b. Use of a flag lot design is necessary for effective development of land. c. The proposed design does not negatively affect public safety and includes clearly defined access for private use and for emergency service. D. Transportation and connectivity. 1. In all subdivisions, the vehicle access and circulation system shall accommodate the safe, efficient, and convenient movement of vehicles, bicycles, pedestrians and transit through the development as well as to and from adjacent properties and land uses. 2. The layout and design of all sidewalks, trails and bicycle paths shall be consistent with the Bicycle and Pedestrian Master Plan and all other adopted plans and policies. 3. The creation of reserve strips adjacent to the right-of-way which may be used to deny access to a street shall not be permitted. 4. See section 26-412 for street design standards. E. Stormwater, drainage, and floodplains. 1. Drainage, wetland, and floodplain areas shall be preserved in their natural state. No encroachments shall be made on existing channels to preserve the natural and beneficial functions. 2. Where drainage and wetland areas are encroached upon, acceptable mitigation shall be provided. 3. The platting of wetland or floodplain areas that are under federal jurisdiction shall be subject to applicable federal review. 4. Any subdivision must allow continued historic flow of waters, and provide drainage easements and stormwater facilities for proposed and actual on-and off-site runoff. 5. Any land within the regulated 1 00-year floodplain or other areas subject to the 1 00-year flood shall not be platted for development unless adequate provisions are made to provide for, to eliminate, or control flood hazards. 6. For any land within a special flood hazard area, the plat shall include base flood elevations and the limits of the 1 00-year floodplain and floodway. 7. All subdivision proposals shall be consistent with the need to minimize flood damage as outlined in Article VIII. F. Slope. 1. Steep land (ten percent slope or greater), unstable land, and areas having inadequate drainage, are problems that may endanger health, life or property. Areas with such problems shall not be subdivided unless acceptable provisions are made by a registered engineer qualified in the particular field which eliminate or control the problems. 2. Such areas may be included as part of a lot or lots where there is a building portion free of such problems. 17 G. Easements. 1. Utility. Utility easements shall be designed to minimize the encumbrance to the lot, to minimize maintenance problems, and to avoid anticipated locations of buildings or street trees. For new streets , utilities may be located within the right- of-way as approved by the public works department. 2. Drainage and irrigation facilities . All proposed on-site stormwater detention facilities shall lie within a stormwater detention easement. Where a subdivision is traversed by an irrigation ditch or channel, natural creeks or streams , an easement sufficient for drainage and to allow for maintenance of the ditch shall be provided. The width and location of this easement shall be approved by the controlling irrigation ditch company or lateral ditch users . When off-site detention , retention or conveyance is required, a recorded easement from the affected off-site property owner is required at the time of plat recordation . 3. Sidewalk . Sidewalk and landscape easements may be required when the sidewalk or streetscape improvements required by the Streetscape Design Manual or Bicycle and Pedestrian Master Plan are not within a dedicated street right-of-way . The width of this easement shall be determined by the public works department. 4. Access. When it is required to have circulation between adjacent properties , cross access/ingress-egress easements shall be provided on the plat. 5. Other easements may be required by the community development or public works departments . 6. All easement areas shall be maintained by the underlying fee simple property owner or appropriate owners' association. All improvements located in, on , over or under the easements shall be maintained by the applicable and/or designated agency. Other improvements provided by the fee simple property owner shall not interrupt nor in any way interfere with the designated and continued use of the easements and improvements located thereon . The city shall not be responsible for maintenance of easements and/or improvements thereon , unless otherwise approved by the city council. H. Nonresidential subdivisions . 1 . Applicants shall demonstrate that street , block , and lot layout in a nonresidential subdivision is appropriate for the anticipated uses. 2. Lots proposed for commercial or industrial development shall be suitable in area and dimension for the types of anticipated development. 3. Vehicular access and circulation should be designed to minimize the number of curb cuts , increase connectivity , and encourage shared access points from the street. 4. Nonresidential subdivisions shall designate areas for appropriate cross access easements. 18 Sec. 26-412.-Street design. A. General. 1. Streets shall conform to the requirements set forth in the subdivision regulations, the comprehensive plan, the Bicycle and Pedestrian Master Plan, and the Streetscape Design Manual of the City of Wheat Ridge. 2. All public streets shall be designed and constructed according to the city's current design and construction standards, the Streetscape Design manual, and the Bicycle and Pedestrian Master Plan. 3. Private streets shall not be allowed. 4. Fire apparatus access roads shall comply with the requirements of the appropriate fire protection district. 5. Street names shall conform to the standard metropolitan grid pattern, as outlined in section 26-639 . B. Access. 1 . For residential subdivisions, all lots shall have frontage on a public street with the exception of those lots served by private drive or easements. Private drives shall have a minimum width of 25 feet, shall be designated by recorded easement, and shall provide access to no more than four ( 4) dwelling units. 2. Whenever possible, residential lots shall not front on arterials (Class 3) or collectors (Class 4). Access to a freeway, arterial or collector shall occur only at intersections approved by planning commission and city council. Such design shall be reviewed by the director of public works in consultation with the city traffic engineer. 3. Any use providing access to an expressway, arterial, collector, state highway or interstate frontage roads, may require the subdivider to construct and dedicate acceleration and/or deceleration lanes along those streets upon which access is obtained. This requirement shall be determined at the time of subdivision, site plan approval for planned developments, rezoning or building permit review and shall be in accordance with the criteria of section 26-620. C. Connectivity. 1. The proposed street layout shall provide for the continuation of existing, planned or platted streets in the surrounding area unless the city determines that such extension is undesirable for specific reasons of topography or design. 2. Proposed streets shall be extended to the boundary of a subdivision to provide for future connections to adjoining lands. 3. If a dedicated or platted half-street or partial right-of-way is adjoining or parallel to a subdivision boundary, the other half of the street shall be dedicated. D. Design. 1. Right-of-way standards. 19 a. Street and alley rights-of-way shall conform to the city's current standards for width , grade, and design as determined by the public works department. 2. Cui-de -sacs. a. Cui-de-sacs shall have a turnaround right-of-way diameter of at least ninety six (96) feet. b. For cui-de-sacs less than two hundred (200) feet in length in a single family area, an alternate design such as a "Y", "T", "L", or loop may be considered and approved by the city if the standard design is not feasible. c. The center of the cul-de-sac bulb shall not be longer than seven hundred fifty (750) feet from center line of the intersecting street. d. Surface drainage on cui-de-sacs shall be directed toward the accompanying street or where necessary to a natural watercourse or natural drainage basin if approved by the director of public works. Drainage easements may be required through abutting lots where no alternative is capable of carrying drainage . e. In the case of temporary cui-de-sacs , the provision for reduced lot widths does not apply. Temporary cul-de-sac eyebrows shall be dedicated as tracts on the subdivision plat. Radial lot lines shall not be allowed on temporary cui - de-sacs. 3. Dead-ends . a. Dead-end streets , with the exceptions of cui-de-sacs , shall be prohibited unless they are designed to connect with future streets in adjacent land that has not been platted, in which cases a temporary cul-de-sac bulb shall be required. The "eyebrows" of temporary cul-de-sac bulbs shall be designated as tracts on the plat. 4. Intersections. a. Arterial and collector streets shall be aligned to join with planned or existing streets. b. Additional right-of-way or pavement width may be required at intersections. The design of intersections shall be determined by the public works director, or when applicable , the Colorado Department of Transportation. c. Intersections of streets shall be at right angles whenever possible and shall not exceed a variation of ten (10) degrees from a right angle. d. When "T" intersections are used, the center lines of the streets not in alignment must be offset a minimum of three hundred (300) feet when connected to a collector street and one hundred fifty (150) feet when connected to a local street. 5. Reverse ("S") curves. a. Reverse curves on arterials shall be joined by a tangent section at least two hundred (200) feet in length . Reverse curves on collectors shall be joined by a tangent section at least one hundred (1 00) feet in length. 20 6. Grade and Topography. a. Streets shall be designed to bear a reasonable relationship to the topography of the land to the maximum extent feasible. b. The maximum grade by street classification shall not be exceeded; maximum grade is determined by the public works department. Sec. 26-413.-Dedications and exactions, general provisions. A. Plat dedications. 1. Dedications of rights-of-way for public streets, utility easements, drainage and maintenance easements, and other interests required under the provisions of this article shall be made by the subdivider on the plat unless otherwise directed by these regulations or city council. B. Expansion or redevelopment of existing developments. 1. When existing development does not meet current design standards or is insufficient regarding current service capacities, the city shall require dedications or exactions to adequately meet the current standard or need upon development, redevelopment or expansion of these properties. 2. Dedications required at the time of issuance of a building permit for development, redevelopment, expansion or change of use shall include up to a half-width street dedication and/or construction based on street standards in the subdivision regulations, comprehensive plan, Bicycle and Pedestrian Master Plan, and Streetscape Design Manual. These construction improvements could include street reconstruction, paving, curb, gutter, sidewalk or other improvements deemed necessary by the director of public works. See section 5-45. 3. These dedications or exactions can be required at the time of rezoning, subdivision or building permit. Sec. 26-414.-Dedication of public parks and sites. A. Public parks and trails. 1. Purpose. Parkland dedication is based on the presumption that new residents create additional demands for and burdens on park, trail, open space, and recreation facilities. Land dedication for park facilities or cash-in-lieu fees are roughly proportional to the demands created by new residential development and contribute to the cost of acquisition and/or improvement of new or existing facilities. 2. Applicability and exemptions. a. The requirements of this section apply to the following types of development and subdivision: i. Residential subdivisions. ii. Residential development. 21 iii. Replatting or redevelopment that results in an increase in the number of dwelling units. b. Exemptions. Nursing homes and similar confined care or skilled nursing facilities are exempt from the requirements of this section. 3. Process for assessing parkland needs. a. As part of the subdivision review process, an application shall be referred to the parks and recreation director to determine whether land dedication or cash-in-lieu payment is appropriate. b. A determination shall be based on the available land area within the development or subdivision and based on the city's Parks and Recreation Master Plan. 4. Requirement for parkland dedication. a. Land dedication or cash-in-lieu required. The owner/developer of land to which this section applies shall, at the option of the city, either: i. Convey to the city in fee simple no less than seven and one-half (7.5) acres per one thousand (1000) people based on the projected population for the development and determined in accordance with this subsection; or ii. Pay to the city a sum of money based on a per acre fee adopted by resolution of the city council. A cash-in-lieu fee schedule shall be established with consideration for the per acre costs of acquiring and improving park land. b. Population density standards. For the purpose of determining park land dedication requirements, the projected population of a residential development or subdivision shall be based on the following density factors: i. Residential development: citywide average household size (a) This density factor shall be based on city housing and population data, expressed as a number of persons per dwelling unit, as established by the community development director on an annual basis and published in the manner provided for publication of ordinances under the Wheat Ridge Home Rule Charter. ii. Housing within a designated urban renewal area: 1. 7 persons per dwelling unit iii. Housing within a mixed use development: 1. 7 persons per dwelling unit (a) For the purposes of this section, mixed use shall mean the development of a parcel or parcels that includes residential and non- residential primary uses on the same site. iv. Housing within ~-mile of a transit station: 1. 7 persons per dwelling unit (a) For the purposes of this section, a transit station shall mean the property of any RTD Gold Line commuter rail station, RTD Park-n- Ride, or RTD Transfer Station. 22 v. Housing for seniors: 1.5 persons per dwelling unit (a) For the purposes of this section, senior housing shall be limited to a development qualifying as intended for, and qualifying as, "housing for older persons" pursuant to the Federal Fair Housing Act (42 U.S.C. Section 3607(b)(2), as amended). In the event that a development intended for "housing for older persons" fails to qualify for such status under the applicable provisions of the Fair Housing Act or pertinent regulations, or having achieved such status thereafter relinquishes or otherwise fails to maintain such status, additional land dedication or cash-in-lieu payment shall be required, based upon the appropriate density factor set forth in this subsection. c. Calculation. The following formula shall be used to determine the minimum amount of land to be dedicated: [(number of proposed dwelling units) x (density factor) x (7.5 acres)]+ 1000 people d. Form and timing of dedication. If land dedication is acceptable, the site shall be free of all liens and encumbrances and shall be conveyed to the City either on the plat or by warranty deed at the time the plat is recorded, accompanied by a current title commitment showing the property free from liens and encumbrances, in a form approved by the community development director. e. Form and timing of cash-in-lieu payment. Gash-in-lieu payments shall be paid to the City by certified check and deposited in the City account to be used solely for the acquisition, development, or improvement of parks, open space, bicycle and pedestrian trails, and related facilities. For subdivisions, payment shall be made at the time the plat is recorded. For development, payment shall be made prior to building permit issuance. 5. Required improvements on and adjacent to park land dedication. The subdivider shall be responsible for the cost of park development and all of the required public improvements for streets adjacent to dedicated parks, as outlined in an improvement agreement per section 26-418. 6. Required improvements on existing park land. The city shall be responsible for road construction improvements on or adjacent to existing park land or other publicly-owned property. 7. Prior dedications. In the event the land being subdivided has been annexed and as part of the annexation proceedings has been subject to a park land contribution, or a cash payment in lieu thereof, or a dedication for public purposes, then the requirements as herein set forth for land or cash in lieu of land shall be waived. B. Dedications for other public sites. 1. Dedication of sites for public use, such as schools and fire stations, shall be delineated on the final plat with appropriate dedicatory statements on the plat. 2. At the discretion of the public agency requiring the dedication, cash in lieu of land dedication may be required. The cash-in-lieu fee shall be equivalent to the full 23 market value of the acreage required for park land dedication . Value shall be based on anticipated market value after completion of platting and construction of public improvements. Sec. 26-415. -Dedication of public streets. A. Dedication. Street dedication requirements shall be based on the city 's adopted comprehensive plan , the Bicycle and Pedestrian Master Plan, and the Streetscape Design Manual of the City of Wheat Ridge. 1. Full. Dedication of a public street shall be by plat and shall be processed as a major subdivision . 2. Partial. A partial right-of-way dedication is acceptable if it is required to complete a substandard street already in existence. a. Half streets. For streets on the perimeter of a subdivision , the subdivider may be permitted to dedicate sufficient right-of-way to provide an adequate street width for two (2) lanes of traffic in accordance with the city's standards and specifications. In such instances , the subdivider shall be required to construct one-half of the street width plus six (6) feet or other design as determined and approved by public works department. If on street parking is desired , more right-of-way will be required. b. Administrative or minor subdivision . Where a partial right-of-way dedication is required as part of an administrative or minor subdivision application , the right-of-way may be dedicated to the city by separate document. On the plat , the right-of-way to be designated shall be labeled as a tract, and a plat note shall indicate that the dedication of the tract will be by separate instrument. An exhibit and deed shall be prepared , signed and sealed by the professional land surveyor of record and submitted to the community development department as part of the application packet. B. Future right-of-way expansion note . 1. When a development parcel is adjacent to a public street for which widening is not imminent but is contemplated in adopted plans of the city , county, Denver Regional Council of Governments , and/or the Colorado Department of Transportation , a note shall be placed on the plat identifying the proposed expanded right-of-way line . 2. By identifying the proposed expanded right-of-way line , the subdivider acknowledges there may be a future reduction in the usable area of the site in connection with a future roadway widening. Buildings are strongly discouraged within this area. Sec. 26-416.-Vacation of right-of-way and removal of easements. A. Right-of-way vacation. 24 1. Any subdivision application including a request for right-of-way vacation shall be processed as a major subdivision in accordance with sections 26-406 and 26- 118. 2. Right-of-way vacations by plat shall be noted as being "hereby vacated by this plat." B. Easement removal. 1 . Easements vacated by plat shall be noted as being "hereby vacated and released by this plat." 2. Easements requested to be vacated separately from a plat application may be processed as error correction. The applicant shall include written and notarized approval from affected property owners and utility agencies. See section 26-407 C. Separate sheets for vacation and rededication may be necessary for clarity. Sec. 26-417.-Required public improvements. A. Applicability. Provision of public improvements may be required as a condition of approval of a subdivision or development application. B. Compliance with city standards. 1 . Specifications for all public improvements are to be determined by the public works department, or in the case of utilities, by other reviewing agencies. 2. No public improvements shall be made until all engineering plans and specifications have been reviewed and approved by the department of public works and all applicable permits have been obtained. C. Types of public improvements: 1. Street and/or streetscape improvements. Construction of street improvements or payment in lieu is required only for certain types of subdivision or development applications as outlined in subsection E below. Street improvements include, but are not limited to, the following: a. Paved streets. b. Paved alleys (when platted). c. Curbs and gutters. d. Sidewalks, attached or detached. e. Streetscape enhancements, including but not limited to street lights, amenity zones , and street furniture. Refer to the city's Streetscape Design Manual. f. Traffic control devices, including but not limited to street name signs and signals. g. Landscaping. h. Other improvements as specified by the director of public works or other reviewing agencies. 25 2. Drainage improvements. The subdivider/developer is responsible for installing drainage improvements including , but not limited to , the following : a. Storm drainage improvements, storm sewers , open drainage channels , water quality/detention and related facilities. b. Erosion control measu res , in accordance with sections 20-1 through 20-4 of the municipal code and based on the current Urban Drainage and Flood Control District Criteria Manual. 3. Utilities. The subdivider/developer is responsible for installing utilities. a. All new development shall be served by public water and sanitary sewer lines through the appropriate district. b. The following utilities shall be provided : i. Water lines. ii. Sanitary sewer lines . iii. Electric and natural gas lines. iv. Telephone , cable , and similar utility services. v. Fire hydrants . Fire hydrant location , spacing and fire flow shall be determined by the fire ch ief of the local fire district with due consideration of their possible use as may be reflected by the hazards of the locality . c. The placement of utilities shall be as follows : i. All new utilities shall be placed underground. ii. Certain components may be placed above ground , including transformers , switching boxes , terminal boxes , meter cabinets , pedestals , ducts , and other facilities necessarily appurtenant to such underground utilities. Electric transmission and distribution feeder lines and communication long distance trunk and feeder lines and necessary appurtenances thereto may be placed above ground. Such above ground facilities shall be placed within easements or public rights-of-way provided for particular facilities . 4. Monuments . The subdivider is responsible for installing the following monumentation in compliance with Colorado State Statutes and with current city standard: a. Permanent survey monuments , range points , and lot pins. b. Monumentation of right-of-way . City will furnish right-of-way monument and range box hardware upon request. 5. Other improvements . The subdivider is responsible for installing other improvements required by the city , utility or special districts. D. As-built plans upon completion . 1. After installation of public improvements , the owner shall provide to the city a copy of "as-built" plans on the current City of Wheat Ridge datum showing the public improvements and specifications in their as-built locations. 26 2. As-built drawings shall be prepared and certified by a registered professional engineer in accordance with the requirements of Wheat Ridge and be submitted prior to the city's issuance of the first certificate of occupancy in the subdivision. 3. As-built drawings shall be provided in hard copy and electronic format. Hard copy drawings shall be signed and sealed by the engineer-of-record. Electronic files shall be an appropriate file format as determined by the public works department. 4. Upon completion of on-or off-site drainage improvements, the engineer-of-record shall provide to the city a letter of certification stating that the various improvements as defined in the approved final drainage report and plan and approved civil construction plans have been accurately surveyed to confirm their construction is in accordance with these documents. The letter of certification shall be written and stamped by the registered engineer-of-record, and shall be submitted for review and approval by the city prior to the issuance of the first certificate of occupancy in the subdivision. E. Required street improvements. 1 . Applicable projects. The provision of street and/or streetscape improvements may be required as a condition of approval for any subdivision or development application that results in the following: a. Dedication or construction of new roads, b. Platting of new lots, c. New development or redevelopment, or d. Additions that increase existing floor area by 60% or more. 2. Construction or payment-in-lieu. Where street improvements are required based on subsection 1 above, construction of improvements or payment-in-lieu is required as follows: a. New public streets. For any subdivision or development that includes a new public street, the applicant shall be responsible for construction of the street and associated public improvements based on current city standards. b. Multifamily residential and non-residential. i. For any subdivision or development associated with multifamily residential or non-residential land uses, the applicant shall be responsible for construction of public improvements based on current city standards. ii. In the event that construction of required improvements would be impractical and if it is recommended by the director of public works and the community development director, the applicant may be required to pay a fee-in-lieu of construction. iii. If fees are paid in lieu of construction, the fee shall be based on an engineer's estimate of the cost the public improvements that would otherwise be built. c. Single-or two-family residential. 27 i. For any subdivision or development associated with single-or two-family residential land uses, the applicant shall be responsible for construction of curb, gutter, and five-foot sidewalk. ii. An applicant may choose to install the improvements or pay a fee in lieu of construction, however in the event that construction of improvements would be impractical and if it is recommended by the director of public works and the community development director, then an applicant may be required to pay a fee in lieu of construction. iii. If fees are paid in lieu of construction, the fee shall be based on the linear frontage of the lot and the prevailing cost of curb, gutter, and sidewalk as determined by the public works department. 3. Timing of payment. If fees are paid in lieu of construction, the fee shall be paid to the city as condition of approval. The timing of payment shall be as follows: a. For subdivision plats, prior to the recordation of an approved subdivision plat. b. For planned developments, prior to the recordation of an approved planned development. c. For other development, fees shall be paid prior to issuance of a building permit or at the time specified in a condition of approval by the community development director, planning commission or city council. Sec. 26-418.-Agreement and financial security for required improvements. In the event that public improvements are required by section 26-417, an applicant shall enter into an agreement with the City that clearly establishes the responsibility of the subdivider/developer to construct any required public improvements. A. Subdivision improvement agreement. 1. The community development department and the subdivider shall prepare an agreement in a format provided by the city which details the obligations of the city and the subdivider/developer, the estimated costs of public improvements to the property, and the amount of letter of credit which is to be supplied by the subdivider/developer. 2. After final action on the final plat, the agreement shall be executed and recorded with the Jefferson County Clerk and Recorder concurrently with recordation of the final plat. 3. In the event that public improvements are required by section 26-417 separately from a subdivision application, this agreement shall be called a public improvement agreement. All provisions of this section shall apply. B. Requirement for financial security. 1. With the subdivision improvement agreement, a letter of credit acceptable to the city must be furnished by the subdivider to ensure the installation and construction of the required improvements in a manner approved by the city and in a reasonable period of time. 28 2. The amount of the letter of credit shall be based upon an itemized cost estimate prepared by the developer and approved by the city. 3. The minimum guarantee shall be for one (1) clearly defined block or one (1) filing of the subdivided area. Each filing shall be clearly defined on the plat and be addressed in the agreement. 4. Form of guarantee: a. The guarantee shall be for one hundred twenty-five (125) percent of the estimated costs of the required public improvements as computed by the subdivider and approved by the director of public works and/or the community development director. b. No security drawn upon a bank or financial institution having any relationship to the subdivider or any principal, director, officer or shareholder of the subdivider (other than the relationship of depositor or checking account holder), shall be acceptable. The city may reject any security for any reason. c. The guarantee shall be in the form of an irrevocable letter of credit in a form satisfactory to the city attorney which guarantees the city that the financial backing is available so that improvements will in fact be completed and paid for. i. The letter of credit may be from any financially responsible lender that is not directly or indirectly owned or controlled by the subdivider. ii. The letter of credit shall be in effect for a minimum period of one (1) year and shall be renewable for subsequent one-year periods at the city's sole discretion. iii. The letter of credit shall be such that the city is assured that the subdivider has funds committed to the amount and for the purpose stated in the agreement and that in the event of a default by the subdivider, the city shall have available to it, upon demand, funds necessary to construct any/or all of the public improvements and pay for the same. 5. Release of guarantee: a. Guarantee shall be held in perpetuity until released by the director of public works. b. The city may release portions of the letter of credit in increments of no less than twenty-five percent (25%) at the discretion of the director of public works upon written request of the subdivider. In such case, an amended letter of credit shall be required. C. Deferred construction/development covenant. 1. Where prior construction of required improvements under section 26-417 would be impractical and if it is recommended by the director of public works and the community development director, a development covenant may be entered into by the City of Wheat Ridge and the owner. 29 2. The development covenant shall be signed by the director of public works and attested by the city clerk and shall be recorded in the office of the Jefferson County Clerk and Recorder. 3. The development covenant shall be in a format provided by the community development and public works departments. 4. Financial guarantee may not be required in associated with a development covenant. D. Violation of agreement. In the event the subdivider fails to complete or pay for the improvements outlined in the subdivision improvement agreement or development covenant or commits any other breach of the terms of the agreement , the city may enforce the agreement by any suit in law or equity. The city shall have the power to enjoin any subdivider from selling , agreeing to sell or offering to sell subdivided land before a final plat and all required improvements for such subdivided land has been approved by the city. Sec. 26-419.-Forms. A. The community development director shall maintain forms of signature blocks , plat notes and certifications for use in connection with approved plats . B. The community development director shall maintain a fee schedule for the processing of subdivision applications . Fees will be assessed in accordance with section 26-108 and the established schedule . Sees. 26-420-26-500. Reserved. Section 2. Section 2-60 , subsections (i) through (m) of the Code , pertaining to the functions of the planning commission , are hereby amended (with appropriate re- lettering) to read : (i) Minor subdivision plats without public street dedications or public reservations shall be heard and approved by the planning commission at a public hearing. Public hearings shall be conducted following procedures outlined in the subdivision regulations. U) Minor subdivision plats with public street dedications or public reservations shall be heard by the planning commission at a public hearing and shall then be forwarded with their recommendations to city council for final approval. Public hearings shall be conducted following procedures outlined in the subdivision regulations. (k) Wherein the planning commission has denied a minor subdivision, an applicant may appeal that decision to city council in accordance with paragraph (f) of this section . 'A'herein the planning commission has approved such a minor subdivision , aggrieved adjacent property owners may appeal that decision to city council in accordance with paragraph (f) of this section . (I) Special use permits for curb cut modification , parking lot buffering and parking in front of multifamily developments shall be decided by the planning commission. 30 (m)Amendments to the subdivision regulations shall be initiated by the planning sommission or referred to it by the sity sounsil. The sommission's resommendation shall be forwarded to the sity sounsil for amendment and/or approval within thirty (30) days of referral of a proposed amendment by tho sity sounsil. The date of referral shall be the date on whish the sounsil makes its desision to refer the proposed amendment to the planning sommission. F'ailure to make any resommendation to tho sity sounsil•.vithin the thirty day time period shall be deemed a resommendation for approval of the proposed regulation without sommont and a referral of the proposed amendment bask to the sity sounsil for nesessary astian. The sity sounsil may extend the thirty day period based upon a finding that sush extension would servo the best interests of the sity. Section 3. Section 5-45 of the Code, pertaining to required public improvements and building permits, is hereby repealed and reenacted to read: (a) Applications for building permits shall be reviewed by the director of public works to determine whether the proposed construction will require the installation or construction of public improvements including, but not limited to, street paving, curbs, gutters, sidewalks, drainage facilities, or other improvements as may be required by this section or the subdivision regulations. (b) The requirements of sections 26-413, 26-414, 26-415, 26-417, and 26-417 pertaining to public improvements and the dedication of streets, parks, and public sites shall apply to any site development regardless of whether the application is subject to subdivision review. (c) If a fee-in-lieu of parkland dedication is required by section 26-414, the requirement shall be included as a condition of approval on the building permit and payment shall be made to the city prior to issuance of a building permit. (d) If public improvements are required by section 26-417, the requirement shall be included as a condition of approval on the building permit. If fees are paid in lieu of construction as provided in section 26-417, payment shall be made to the city prior to issuance of a building permit. (e) Any owner, contractor or developer who is aggrieved by a decision of the director of public works requiring installation of such public improvements or payment of funds in lieu of construction shall have the right to appeal the director's determination to the board of adjustment pursuant to section 2-61. (f) The public works director shall have the authority to close any escrow held by the city under the prior version of this section, for commercial or industrial projects and refund the monies to the original depositor, upon satisfaction of the following conditions: (1) The escrow has been held by the city for ten (1 0) years or more; (2) Written notice and an opportunity for hearing before the public works director shall be given by certified mail to the last known address of the developer; (3) The director must find that the original purpose of the escrowed funds has been or cannot be fulfilled. 31 Section 4. Section 26-106 of the Code, entitled "Review process chart" is hereby amended to read: TABLE INSET: Pre-Application Final Approval Requested Notes Staff Neighborhood Staff PC cc BOA URPC [ ... ] Major Subdivision X H H URA ART IV §~e4Q4.G Minor Subdivision X H H YAA § ~e 4Q4 .B (v.<tdedisatiens) Minor Subdivision Appeal to CC (wlo dedisations) X H URA ART IV § ~e 4Q4 .B ADMINISTRATIVE X A ART IV SUBDIVISION Minor Plat Gorrestion , § ~e 4Q9 X A Amendment , Revision bot bine Adjustment X A § ~e 4~Q Gonsolidatien Plat +§ ~e 4Q4 .D X H H YAA (wldedisatien) Genselidatien Plat 4X A YAA § 2e ~ ~ 7 (wle dedisatien) [ ... ] + If five (5) or fewer parcels , minor subdivision process applies. If more than five (5) parcels , major subdivision process applies . Section 5. Section 26-108, subsection A of the Code, pertaining to site development fees , is hereby amended to remove reference to an outdated fee schedule: A. Procedure for payment. At the time the application for site development is first submitted to the city, and prior to any review, the applicant shall pay to the city the fee necessary to cover the administrative and review costs for each project requiring review. The amount of the fee shall be established by the community development department and KEPT is shovm on Appendix A [on file in the office of the city clerk}. Section 6. Section 26-110 , subsection A of the Code, pertaining to public dedications and improvements, is hereby amended to read : 32 A. PUBLIC DEDICATIONS AND IMPROVEMENTS MAY BE REQUIRED IN CONNECTION WITH SEVERAL TYPES OF SITE DEVELOPMENT APPLICATIONS. The requirements of sections 26-413, 26-414, 26-415, 26-417, and 26-418 26 412, 26 413 and 26 421, pertaining to subdivision review PUBLIC IMPROVEMENTS AND THE DEDICATION OF STREETS, PARKS, AND PUBLIC SITES, shall apply to public dedications and improvements and security therefore required in connection with any site development APPLICATION, INCLUDING THOSE not requiring subdivision review. Section 7. Section 26-115 of the Code is hereby amended to remove reference to waivers: Sec. 26-115. Variance/waivers/temporary permits/interpretations. [ ... ] B. Application requirements. All requests for a variance, 'Naiver, temporary permit or interpretation, as described herein, shall be made by the filing of an application, together with the required fee and supporting documentation. [ ... ] C. Variances aRd wai'tfOrs: 1. Administrative variances fifty (50) percent or less: The director of community development is empowered to decide upon applications for administrative variances from the strict application of any of the "development standards" pertaining to zone districts in article II and sections 26-501 (Off-street parking) and 26-502 (Landscaping requirements), and 26-603 (Fencing) and Article VII (Signage) of this chapter, which apply throughout the various zone district regulations and in other situations which may be specifically authorized in the various sections, without requirement of a public hearing, under the following conditions: [ ... ] d. That no additional dwelling units would result from approval of such variance or waiver. [ ... ] 3. Variances of more than fifty (50) percent: The board of adjustment is empowered to hold public hearings to hear and decide only upon appeals for variances from the strict application of the development standards pertaining to zone districts in article II, sections 26-501, 26-503, 26-603 or Article VII of this chapter. Where a variance is made a part of another administrative process, such as a change of zone, subdivision or a formal site plan or development plan review which requires a public hearing before the planning commission and/or city council, then the planning commission and/or city council shall be empowered to decide upon such variance request concurrent with such other process; however, in deciding such variance or waiver the planning commission and/or city council shall be subject to the voting ratio as applies to the board of adjustment, set forth in Wheat Ridge Code of Laws section 2-53. In no instance shall the board of 33 adjustment hear or grant a variance as to use or as to an activity or development which is prohibited by this chapter or by section 5.1 0.1 of the Charter. [ ... ] D. Temporary permit for uses, buildings, signs and nonoperative vehicles . [ ... ] 2. One-month temporary permit: The director of community development is empowered to decide upon applications for temporary buildings , uses or signs which would not otherwise be permitted in a particular district , without requirement of a public hearing, under the following conditions: [ ... ] d. The director of community development has notified adjacent property owners in a form and manner as required for minor variances and waivers as set forth in section 26 -109 , and has received no objections. Any objections must be received in writing and be directly related to concerns regarding the request. General objections regarding existing land use conditions or issues not related to the request will not be considered grounds for objection; and [ ... ] E. Appeals . Appeal of any decision of the board of adjustment or city council which eithe r grants or denies applications for variances , waivers , temporary permits , or interpretations may be made by the applicant , the city council or any aggrieved party to district court within thirty (30) days of the decision . Appeal of any such decision of the planning commission may be made by the applicant , or any aggrieved party to the city council within ten (1 0) working days of the decision . Section 8. Section 26-116 , subsections C, G and H of the Code, pertaining to planned building groups , is hereby amended as follows : C. Application procedures. All applications for planned building groups shall be filed with the department of community development by the owner of the entire land area to be included and shall be accompanied by the APPROPRIATE APPLICATION fee set forth in Appendix A (which is on file and a'lailable for inspection in the office of the city ~.adequate proof of ownership , a certified survey of the parcel , and a site plan under section 26-111 . [ ... ] E. Subdivision of land subject to planned building group plan . Where it is desired to subdivide a parcel of land , exclusive of condominium subdivision , which is either currently subject to , or is proposed to be subject to , the provisions of a planned building group plan , all requirements of the underlying zone district shall apply, except that setback from interior lot lines (that is lot lines not abutting public streets or abutting adjacent separately owned property) may be less than normally required if approved by the planned commission at the time of subdivision approval. [ ... ] 34 F. It is the intent of this section that subdivision review may be carried out simultaneously with the review of planned building group plans permitted herein. All requirements of the subdivision regulations for either minor (four (4) or f:ewor lots) or for major (five (5) or more lots) subdivisions, in addition to those of a planned building group plan, must be satisfied if there are any parcel divisions created, or if there are any dedications for streets or other public purposes. In cases where subdivision requirements are to be met as described herein, the applicant must submit separate sheet(s) in addition to the planned building group plan. Section 9. Section 26-117 of the Code, pertaining to consolidation plats and deeds, is hereby amended by the addition of subsection b (with appropriate re-lettering) as follows: A. REQUIREMENT FOR CONSOL/DA TION PLAT. It is the intent of the City of \'Vheat Ridge that whore WHEN a development entails REQUIRES the aggregation or consolidation of two (2) or more lots or parcels of land or portions thereof in order to accommodate such development, such shall be considered a development lot. Prior to issuance of a building permit in such instances, the owner shall file a consolidation plat. ALL REQUIREMENTS OF THE SUBDIVISION REGULATIONS MUST BE SATISFIED. Or a consolidation deed, together with certified boundary survey, which plat or deed and survey shall be reviewed by the department of public works for accuracy and, if found to be accurate, shall be recorded by the owner with the Jefferson County Clerk and Recorder. See article IV for plat requirements. B. PROPERTY MERGER COVENANT. NONCONFORMING LOTS OF RECORD MAY BE MERGED AS A CONDITION OF A PERMIT OR OTHER DEVELOPMENT APPROVAL BY A PROPERTY MERGER COVENANT. A PROPERTY MERGER COVENANT MAY BE USED IN THE EVENT THAT AN OWNER OF TWO OR MORE ADJACENT LOTS WHICH CONTAIN AN EXISTING RESIDENTIAL USE WISHES TO OBTAIN A BUILDING PERMIT FOR AN ACCESSORY STRUCTURE ON THE PROPERTY OR AN ADDITION TO THE EXISTING STRUCTURE. THE COVENANT SHALL ENSURE THAT THE PROPERTY BE HELD AS ONE PARCEL AND SHALL RESTRICT ANY PORTION FROM BEING SOLD SEPARATELY. THE COVENANT SHALL BE IN A FORM APPROVED BY THE CITY ATTORNEY, RECORDED IN THE OFFICE OF THE JEFFERSON COUNTY CLERK AND RECORDER, AND SHALL RUN WITH THE LAND. THE COMMUNITY DEVELOPMENT DIRECTOR SHALL HAVE THE AUTHORITY TO EXECUTE ANY SUCH COVENANT AND ANY RELEASE OF THE COVENANT ON BEHALF OF THE CITY. C. All consolidation plats or consolidation deeds for multifamily dwelling development shall be accompanied by a site plan, as set forth by section 26-111. Such consolidation plats and deeds, together with the site plan, shall be subject to review by the planning commission and city council following the same application procedures, notice 35 requirements and approval procedures and standards for review as for a planned building group. The purpose of these provisions is to avoid the construction of overly large buildings which may negatively impact surrounding neighborhoods by increasing traffic, creating congestion by ingress/egress points, obstructing light and air and by making access for fire protection difficult, and to prevent construction of one (1) large building to avoid compliance with the subdivision regulations, and to encourage construction of smaller buildings which could give opportunities for better design of setbacks, landscaping, parking, vehicular and pedestrian circulation and drainage facilities. [ ... ] Section 10. Section 26-118, subsection A of the Code, pertaining to right-of-way vacations, is hereby amended to read: A. Vacation by plat. When a street is being vacated as part of the platting process it shall be graphically shown and shall be designated as being "hereby vacated". The document for vacation in this instance shall follow the form and content of a final plat outlined in section 26 407 and shall be processed as a major subdivision in accordance with article IVsection 26 4078. All submittal requirements of the platting process shall be provided by the applicant. There shall not be an additional charge for the processing of the vacation in this instance. Section 11. Section 26-210, subsection 8 of the Code, pertaining to Residential- Two A zone district regulations , is hereby amended by the addition of footnote (h) as follows: Max Min Min Min Min Min Max Bldg Lot Lot Front Side Rear Height Coverage Area Width Setback Setback Setback (a) (b) (c) (c) Principal [ ... ] Buildings Multifamily (3/more 35 ' 40 % 13,050sf 100' 25 ' 5' 10' dwelling units) (e) (d) per story (h) [ ... ] (h) INDIVIDUAL TOWNHOUSE LOTS SHALL BE EXEMPT FROM MINIMUM LOT SIZE, LOT WIDTH, AND INTERIOR SIDE YARD SETBACK REQUIREMENTS, SO LONG AS THE DEVELOPMENT PARCEL FOR THE ENTIRE MULTI-UNIT TOWNHOUSE BUILDING MEETS ALL STANDARDS OF THIS SECTION. SEE SECTION 26-411.C REGARDING THE REQUIRED PLAT NOTE FOR TOWNHOUSE LOTS. 36 Section 12. Section 26-211 of the Code , pertaining to Residential-Three zone district regulations, is hereby amended by the addition of footnote (h) as follows: Max Min Min Min Min Min Max Bldg Lot Lot Front Side Rear Height Coverage Area Width Setback Setback Setback (a ) (b) (d) (d) Principal [ ... ] Buildings Multifamily (3 /more 35' 40 % 12,500sf 100' 25 ' 15' 15' dwelling units) (f) (e) (c) (c) (h) [ ... ] (h) INDIVIDUAL TOWNHOUSE LOTS SHALL BE EXEMPT FROM MINIMUM LOT SIZE, LOT WIDTH, AND INTERIOR SIDE YARD SETBACK REQUIREMENTS, SO LONG AS THE DEVELOPMENT PARCEL FOR THE ENTIRE MULTI-UNIT TOWNHOUSE BUILDING MEETS ALL STANDARDS OF THIS SECTION. SEE SECTION 26-411.C REGARDING THE REQUIRED PLAT NOTE FOR TOWNHOUSE LOTS. Section 13. Section 26-212 of the Code , pertaining to Residential-Three A zone district regulations, is hereby amended by the addition of footnote (h) as follows : Max Min Min Min Min Min Max Bldg Lot Lot Front Side Rear Height Width Setback Setback Setback Coverage Area (a) (b) (d) (d) Principal [ ... ] Bu il dings Multifamily (3 /more 35 ' 40 % 12,500sf 100 ' 25 ' 15' 15' dwell ing un its) (f) (e) (c) (c) (h) [ ... ] (h) INDIVIDUAL TOWNHOUSE LOTS SHALL BE EXEMPT FROM MINIMUM LOT SIZE, LOT WIDTH, AND INTERIOR SIDE YARD SETBACK REQUIREMENTS, SO LONG AS THE DEVELOPMENT PARCEL FOR THE ENTIRE MULTI-UNIT TOWNHOUSE BUILDING MEETS ALL STANDARDS OF THIS SECTION. SEE SECTION 26-411.C REGARDING THE REQUIRED PLAT NOTE FOR TOWNHOUSE LOTS. Section 14. Article VI of Chapter 26 of the Wheat Ridge Code of Laws , concerning supplementary development regulations , is hereby amended by the addition 37 of a new Section 26-639 (previously part of the subdivision regulations) to read in its entirety: Sec. 26-639. -Street naming and numbering. A. Designation. The community development director shall designate the proper street names and numbers and addresses for all structures. B. Guidelines for street naming. 1 . The city-wide street numbering system is based upon the Denver Metropolitan system . 2. Streets running east and west are avenues . 3. Streets running north and south are streets. 4. Streets running east and west, halfway between established grids, shall take the name of the avenue preceding , with the suffix "place." 5. Streets running north and south halfway between established grids shall take the name of the street preceding, with the suffix "court." 6. Streets running east and west and connecting with an east and west avenue shall be a "drive ." 7. Streets running north and south and connecting with a north-south street shall be a "way." 8. Horseshoe-shaped streets beginning and ending within a major block , or dead end streets, shall be a "circle." It is suggested that the term "circle" should be used sparingly. If at all possible, a "way" or "drive" should be used except in the case of absolute necessity. 9. Streets should line up on a grid with existing streets and avenues preferably with those existing prominently in the metropolitan area. 10. Street signs should be readable from each direction of travel. 11 . Temporary signs shall be required during construction period. 12 . Names should be of simple spelling for easy pronunciation . C. Guidelines for structure numbering (addressing). 1. Structures including those on private drives shall be addressed to the street from which primary access is gained. 2. Numbers shall continue north and south from the base street, Ellsworth, and east and west from the base street, Broadway. 3. Numbers should be systematically spaced from 0 to 99 on each "major" block so that the 50 will be in the middle of the block. 4. Odd numbers shall be on the west and north sides of the street. Even numbers shall be on the east and south sides. 5. All address numbers shall be readable from the street. 38 6. Developments with multiple main structures. In cases where a single development that is under common or unified control or ownership has more than one (1) main structure, each such structure shall be assigned a single address based upon orientation of the primary building access and with regard to the normal grid system for address numbering. 7. Developments with a single building and with multiple units. Except for two-, three-, or four-family residential structures where a single building is divided into multiple units, either for residential or nonresidential, and either as units occupied by renters/lessors or by ownership, (i.e., a condominium or townhouse), each such building shall have a single address with the various units indicated by different means, such as by unit letter or number. A two-, three-or four-family dwelling structure may either have individual addresses, or one (1) address for the building with unit designation as defined above. 8. For circle or horseshoe-shaped streets, numbering shall be in accordance with the numbering on the street or avenue where the horseshoe or circle originates, and numbers should not duplicate those on the major street. D. Notice to place number. 1. It shall be the duty of any owner/occupant of any premises, upon notice from the community development director to cause the official number to be placed on any building so owned or occupied. Such numbering shall be accomplished in the manner required within thirty (30) days after service of such notice. For establishments where fire access is gained from the rear, both rear and front doors shall have the addresses posted. 2. It is unlawful for any owner/occupant to retain or use or to permit to be retained or used upon any building, any number other than the number designated by the community development director. E. Renumbering and renaming. 1. In all cases where a street has been named or numbered or renamed or renumbered pursuant to any other legal requirement, as the same may be required from time to time by action of the city council, it shall be the duty of the community development director to adjust and rename or renumber such streets . 2. The community development director may require or approve a request for a change of address, after proper notification of the owner and all affected agencies, on any property under one (1) or more of the following instances: a. In response to a street rename or change in number as described above. b. If an address is out of proper sequence. c. If an odd or even number is on the wrong side of a street. d. If the number series presently in use is incorrect or misleading. e. If a change in a street intersection or street location makes a present address outmoded or misleading. 39 f. Where identical numbers are found on the same street, or on streets which have the same number or name but different suffixes (i.e . street , avenue , place , etc.) g. Where the assigned address is not being used . h. Where subdiv ision or building development on one (1) large parcel would make an existing address misleading or out of sequence . i. Where the structure is not addressed to the street from which primary access is gained. j. Other situations not stated above which may cause problems with mail delivery, emergency service , or other public safety or service reason as determined appropriate by the community development director. F. Adjustments. In all cases where there is a mistake or conflict in names or numbers , or where some special arrangement varying from the general terms of this chapter is necessary , the community development director shall direct and make the proper adjustment of the same in harmony with the spirit and intention of this chapter. Section 15. Section 26 -705 , subsection C of the Code , is hereby amended to remove reference to an outdated fee schedu le: C. Fees for the erection of signs ARE ASSESSED AS PART OF BUILDING PERMIT REVIEW AND ISSUANCE shall be established and set forth in Appendix A. Permit fees and city use tax will be waived where a nonconforming sign is removed and replaced by a sign conforming with these regulations Section 16. Section 26-708 , subsection A of the Code , pertaining to building addresses , is hereby amended as follows : A. Building addresses. 1. House or building address number signs shall be consistent with section ~ 419 C. E. 26-639 of the zoning and development code . Section 17. Section 26-709 , subsection 13.g of the Code, pertaining to residential signs , is hereby amended as follows : TABLE INSET: Table 1. SIGN STANDARDS IN RESIDENTIAL, AGRICULTURAL, AND PUBLIC FACILITIES ZONES (R-1 , R-1 A, R-1 B, R-1 C, R-2 , R-2A, R-3, R-3A, A-1 , A-2 , PF) Permit Maximum Maximum Minimum Type of Sign Allowed Requ ired Size and Number Setback Other Requirements Height [ ... ] g. House or Yes No N/A N/A N/A Must meet the 40 building provis ions of Gt:lapteF address 26 , Artiale IV , Sea. 26 number 44Qc.. SEE§ 26-639 signs Section 18. Section 26-710 , subsection 13.g of the Code, pertaining to residential signs , is hereby amended as follows: TABLE INSET: Table 2. SIGN STANDARDS IN COMMERCIAL , INDUSTRIAL AND MIXED USE DISTRICTS (NC , RC , C-1 , C-2, 1-E , MU-C, MU-C TOO, MU-C Interstate, MU-N) Maximum Permit Maximum Minimum Type of Sign Allowed Required Size and Number Setback Other Requirements Height [ ... ] g. House or Must meet the building address number signs prov isions of Gt:lapteF Yes No N/A N/A N/A 26 , .A.rtiale IV, Sea . 26 44QG., SEE § 26-639 Section 19. Appendix A of Chapter 26 , pertaining to a proposed fee schedule, is hereby repealed. Section 20. Safety Clause. The City Council 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 21. Severability, Conflicting Ordinances Repealed. If any section , subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections , subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 22. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 14th day of April , 2014 , ordered published with Public Hearing and consideration on final passage set for Monday, April 28 , 2014 at 7:00 p.m., in the Council Chambers , 7500 West 29th Avenue , Wheat Ridge , Colorado . 41 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. ATIEST: Janelle Shaver, City Clerk First Publication: April17 , 2014 Second Publication : Wheat Ridge Transcript Effective Date: Joyce Jay, Mayor Approved as to form Gerald E. Dahl, City Attorney 42 Streetscape Impact Fee Study City of Wheat Ridge, Colorado Prepared March 19 , 20 14 Attachment 2 .,. .. ~~ ... ~ ., City of ~WheatRt_dge I. Introduction The City of Wheat Ridge has identified a need for public streets to include (at a minimum) curb, gutter, and attached sidewalk. This study evaluates a streetscape impact fee that will apply to certain types of development for the purpose of financing curb, gutter, and sidewalk improvements. A development fee or impact fee is a legislatively created , one-time fee that applies to a broad class of development. Impact fees are a common means of generating revenue to finance public improvements. Local governments are specifically authorized by state statute (C.R.S. §29-20-1 04.5) to adopt, calculate , and collect impact fees or other similar development charges for the purpose of capital facilities. The purpose of this study is to establish a reasonable fee that meets three goals: • Ensures consistency when requiring fees-in-lieu of construction for public improvements , • Supports the City 's goals of providing bicycle and pedestrian facilities , and • Promotes fair and equitable requirements and fees. II. Level-of-Service Standards for Public Streets Among local streets in the Wheat Ridge , curb and gutter are intermittent and sidewalks are rare. Even along arterial and collector roadways , sidewalks are sparse and segmented. Given these existing conditions , the City 's comprehensive plan , Envision Wheat Ridge (2009), includes several goals and policies related to transportation. These address the City 's desire to offer expanded travel options, improve the bicycle and pedestrian network, provide multi-modal connections , and identify funding sources to implement bicycle and pedestrian improvements. In order to implement the comprehensive plan and promote high-quality streets, the City has adopted two guiding documents. The Bicycle and Pedestrian Master Plan (BPMP) was adopted by City Council by motion on August 9, 2010 , and the Streetscape Design Manual (SDM) was adopted by City Council on March 28 , 20 II through Ordinance 1481. These documents establish cross-sections and minimum design standards for public streets in the City. They also affirm the policy goal of improving street infrastructure and accommodating all users and travel modes within the right-of-way. While the cross-sections in these documents range in size and amenities , the minimum standard provides curb, gutter, and a five-foot attached sidewalk. III. Applicability of Development Fee Funding for implementation of bicycle and pedestrian improvements continues to be a challenge, but incremental improvements have been made with new development. Section 26-417 of the Wheat Ridge Municipal Code addresses public improvement requirements . Where adjacent improvements are substandard or nonexistent, the provision of streetscape improvements can be required as a condition of approval for any subdivision or development application that results in one or more of the following: a. Dedication or construction of new roads , b. Platting of new lots , c. New development or redevelopment, or d. Additions that increase existing floor area by 60% or more . 2 The code differentiates between construction requirements or fees-in-lieu for three categories of development: projects with new public streets , projects for multi-family or commercial land uses, and projects for single-or two-family homes. Of these , the third category is the subject of this impact fee study. When single-and two-family residential development triggers streetscape improvements , an applicant is responsible for construction of curb, gutter, and a five-foot attached sidewalk. This is the minimum standard for a local street and will be required regardless of whether the subject property is adjacent to a local , collector, or arterial roadway . In most circumstances , an applicant may choose to build the improvements or pay a fee-in-lieu. In the event that construction of improvements would be impractical and if it is recommended by the director of public works and the community development director, then an applicant may be required to pay a fee in lieu of construction. IV. Calculation of Fee Amount If fees are paid or required in lieu of construction , they are calculated based on the linear frontage of the lot and the cost of curb , gutter, and a 5-foot attached sidewalk. Where partial improvements already exist, the fee will be adjusted accordingly. The calculation for a street improvement fee includes four components; these are described below and summarized in Table 1. 1. Excavation & Embankment-This includes site grading and ground preparation, including the removal or import of less than one-foot of fill material. The excavated area is area is 7.5 feet wide ; for each linear foot this area is 0.83 square yards in size (7 .5 feet + 9 square feet or 1 square yard). 2. Reconditioning-This includes the compaction and stabilization of the ground area prior to installation of improvements. This area is also 7.5 feet wide or 0.83 square yards in size. 3. Sidewalks-This include the material costs for a sidewalk that is 6 inches in depth and 5 feet in width . For each linear foot this area is 0.56 square yards in size (5 feet + 9 square feet). 4. Curb and Gutter-This includes the material costs for a standard vertical curb and gutter. Table 1 on the following page shows the median cost of each component as determined by the Public Works Department. These costs will be used to determine the streetscape impact fee and will be adjusted annually based on price fluctuations and inflation. 3 Table 1. Streetscape improvement cost per linear foot, as of March 2014 Quantity Unit Unit Item Item Cost Cost 1 Excavation & Embankment Earthwork -rough grade -7 .5' wide 0.83 SY $ 5.98 $ 4.96 Earthwork -fine grade -7 .5' wide 0.83 SY $ 1.23 $ 1.02 2 Reconditioning Reconditioning & proofrolling-7.5' wide 0 .83 SY $ 1.97 $ 1.64 3 Sidewalk Concrete sidewalk-6" thick and 5' wide 0.56 SY $43.02 $24.09 4 Curb & Gutter Vertical curb & gutter 1 LF $20.64 $20.64 Total cost per linear foot $52.35 SY =square yard LF = linear feet Appendix A includes the City's standard construction details that are associated with these cost estimates. Using the costs outlined above, the following formula shall be used to determine the street improvement fee for each applicable property: (linear feet of public street frontage) x (streetscape improvement cost per linear foot) V. Timing and Collection of Fees State statute (C.R.S. §29-20-1 04.5) allows fees to be collected at the time of final approval of any development application including for any rezoning, planned development, conditional or special use permit, subdivision, development or site plan , or similar application for new construction. Likewise , Section 26-417 of the Wheat Ridge Municipal Code provides that fees will be collected at the time of final approval. For an approved subdivision plat or planned development this is prior to recordation of an approved document. For other development, fees shall be paid prior to issuance of a building permit or at a time specified as a condition of approval. C.R.S. §29-1-803 provides for the collection of land development fees and allows such fees to be aggregated. All collected fees will be deposited into a city account dedicated for streetscape improvements. 4 ~~A~ ... ~ City of p\VheatR!ege PLANNING COMMISSION Minutes of Meeting April3, 2014 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair BRINKMAN at 7:01 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge , Colorado . 2. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Staff Members Present: 3. PLEDGE OF ALLEGIANCE Anne Brinkman Alan Bucknam Emery Dorsey Silke Popp Scott Ohm Amanda Weaver Steve Timms Lauren Mikulak, Planner Kim Waggoner, Recording Secretary 4. APPROVE ORDER OF THE AGENDA It was moved by Commissioner BUCKNAM and seconded by Commissioner OHM to approve the order of the agenda. Motion carried 6-0. 5. APPROVAL OF MINUTES-March 20, 2014 It was moved by Commissioner OHM and seconded by Commissioner DORSEY to approve the minutes of March 20, 2014, as written. Motion carried S-0 with Commissioner WEAVER 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. 7. PUBLIC HEARING Planning Commission Minutes April3,2014 -1 - Attachment 3 gutter. His neighborhood had gutters and curbs installed on the cul-de-sac 28-years ago. Some lots have sidewalks with curbs and gutters, some lots have nothing and some lots have curbs and gutters and no sidewalk . He stated his property has existing curbs and gutters. He asked if he were to build vertically would he have to install sidewalks . Ms . Mikulak stated a project with existing curb and gutter but no sidewalk would require only sidewalk . Ms. Mikulak stated this inconsistency in street improvements is recognized as an issue. Without the funding to do a comprehensive fix on each street, the code amendment provides a framework for incremental improvements to be achieved. Commissioner POPP asked if there are standard fees or contractor quotes for public improvements. Ms. Mikulak stated the city would establish the fee . The impact fee study outlines the current prevailing costs for material and these costs would be reviewed and updated annually. Commissioner OHM inquired about administrative subdivision review. If the criteria are not met does it move into the minor category. Ms. Mikulak stated if a plan does not meet all the subdivision requirements it is including either a waiver or variance which will be reviewed by Planning Commission and City Council. Chair BRINKMAN asked if there was any notification to the public for the administrative plat review procedure. Ms. Mikulak replied no . If an administrative subdivision plat meets the requirements there is no opportunity to deny due to an objection from the neighborhood . Chair BRINKMAN asked for clarification regarding whether or not Planning Commission is the final authority for deciding upon a minor subdivision. Ms . Mikulak confirmed they are but stated that any land use decision can be appealed . Chair BRINKMAN asked why the term waivers was eliminated from section 26-115. Ms. Mikulak stated that section of code applies only to variances . Planning Commission hears variances when it is associated with another land use application but typically variances are reviewed of as a quantitative request. Waivers are described in the subdivision regulations and are distinct from variances. Chair BRINKMAN asked how often the cash in lieu fee schedule will be revisited. Ms . Mikulak stated it is still being worked on. The fee schedule would be adopted by City Council by Resolution and the review frequency would be addressed in the first resolution. Chair BRINKMAN stated she is concerned about the lack of public input since subdivision regulations prepare land for development. The neighborhood would be aware that something is happening. Commissioner BUCKNAM stated he shared Chair BRINKMAN's concern when a large parcel of land is eligible for subdivision. Planning Commission Minutes April3,2014 -3 - Streetscape Impact Fee Study City of Wheat Ridge, Colorado Prepared March 19, 2014 ~ .. ~.,. ... r City of ~Wlieat~dge I. Introduction The City of Wheat Ridge has identified a need for public streets to include (at a minimum) curb, gutter, and attached sidewalk. This study evaluates a streetscape impact fee that will apply to certain types of development for the purpose of financing curb, gutter, and sidewalk improvements. A development fee or impact fee is a legislatively created , one-time fee that applies to a broad class of development. Impact fees are a common means of generating revenue to finance public improvements . Local governments are specifically authorized by state statute (C.R.S. §29-20-1 04.5) to adopt, calculate, and collect impact fees or other similar development charges for the purpose of capital facilities. The purpose of this study is to establish a reasonable fee that meets three goals: • Ensures consistency when requiring fees-in-lieu of construction for public improvements , • Supports the City 's goals of providing bicycle and pedestrian facilities , and • Promotes fair and equitable requirements and fees. II. Level-of-Service Standards for Public Streets Among local streets in the Wheat Ridge , curb and gutter are intermittent and sidewalks are rare. Even along arterial and collector roadways, sidewalks are sparse and segmented. Given these existing conditions, the City 's comprehensive plan , Envision Wheal Ridge (2009), includes several goals and policies related to transportation. These address the City 's desire to offer expanded travel options , improve the bicycle and pedestrian network , provide multi-modal connections , and identify funding sources to implement bicycle and pedestrian improvements. In order to implement the comprehensive plan and promote high-quality streets , the City has adopted two guiding documents. The Bicycle and Pedestrian Master Plan (BPMP) was adopted by City Council by motion on August 9, 2010 , and the Streelscape Design Manual (SDM) was adopted by City Council on March 28 , 20 II through Ordinance 1481. These documents establish cross-sections and minimum design standards for public streets in the City. They also affirm the policy goal of improving street infrastructure and accommodating all users and travel modes within the right-of-way . While the cross-sections in these documents range in size and amenities , the minimum standard provides curb, gutter, and a five-foot attached sidewalk . III. Applicability of Development Fee Funding for implementation of bicycle and pedestrian improvements continues to be a challenge, but incremental improvements have been made with new development. Section 26-417 of the Wheat Ridge Municipal Code addresses public improvement requirements. Where adjacent improvements are substandard or nonexistent, the provision of streetscape improvements can be required as a condition of approval for any subdivision or development application that results in one or more of the following: a. Dedication or construction of new roads , b. Platting of new lots , c. New development or redevelopment, or d. Additions that increase existing floor area by 60% or more. 2 The code differentiates between construction requirements or fees-in-lieu for three categories of development: projects with new public streets , projects for multi-family or commercial land uses , and projects for single-or two-family homes. Of these, the third category is the subject of this impact fee study. When single-and two-family residential development triggers streetscape improvements, an applicant is responsible for construction of curb, gutter, and a five-foot attached sidewalk. This is the minimum standard for a local street and will be required regardless of whether the subject property is adjacent to a local , collector, or arterial roadway. In most circumstances, an applicant may choose to build the improvements or pay a fee-in-lieu. In the event that construction of improvements would be impractical and if it is recommended by the director of public works and the community development director, then an applicant may be required to pay a fee in lieu of construction. IV. Calculation of Fee Amount If fees are paid or required in lieu of construction , they are calculated based on the linear frontage of the lot and the cost of curb, gutter, and a 5-foot attached sidewalk. Where partial improvements already exist, the fee will be adjusted accordingly. The calculation for a street improvement fee includes four components; these are described below and summarized in Table 1. 1. Excavation & E mbankment-This includes site grading and ground preparation , including the removal or import of less than one-foot of fill material. The excavated area is area is 7.5 feet wide ; for each linear foot this area is 0.83 square yards in size (7 .5 feet + 9 square feet or 1 square yard). 2. Reconditioning-This includes the compaction and stabilization of the ground area prior to installation of improvements. This area is also 7.5 feet wide or 0.83 square yards in SIZe. 3. Sidewalks-This include the material costs for a sidewalk that is 6 inches in depth and 5 feet in width. For each linear foot this area is 0.56 square yards in size (5 feet + 9 square feet). 4. Curb and Gutter-This includes the material costs for a standard vertical curb and gutter. Table I on the following page shows the median cost of each component as determined by the Public Works Department. These costs will be used to determine the streetscape impact fee and will be adjusted annually based on price fluctuations and inflation. 3 Table 1. Streetscape Improvement cost per linear foot, as of March 2014 Item Quantity Unit Unit Item Cost Cost 1 Excavation & Embankment Earthwork -rough grade - 7 .5' wide 0.83 SY $ 5.98 $ 4.96 Earthwork-fine grade-7 .5' wide 0 .83 SY $ 1.23 $ 1.02 2 Reconditioning Recond iti on ing & proofrolling-7.5' w ide 0.83 SY $ 1.97 $ 1.64 3 Sidewalk Concrete sidewalk-6" thick and 5' wide 0 .56 SY $43.02 $24.09 4 Curb & Gutter Vertical curb & gutter 1 LF $20.64 $20.64 Total cost per linear foot $52.35 SY = square yard LF = linear feet Appendix A includes the City's standard construction details that are associated with these cost estimates. Using the costs outlined above , the following formula shall be used to determine the street improvement fee for each applicable property: (linear feet of public street frontage) x (streetscape improvement cost per linear foot) V. Timing and Collection of Fees State statute (C.R.S. §29-20-1 04.5) allows fees to be collected at the time of final approval of any development application including for any rezoning, planned development, conditional or special use permit, subdivision, development or site plan , or similar application for new construction. Likewise , Section 26-417 ofthe Wheat Ridge Municipal Code provides that fees will be collected at the time of final approval. For an approved subdivision plat or planned development this is prior to recordation of an approved document. For other development, fees shall be paid prior to issuance of a building permit or at a time specified as a condition of approval. C.R.S. §29-1-803 provides for the collection of land development fees and allows such fees to be aggregated. All collected fees will be deposited into a city account dedicated for streetscape improvements. 4 APPENDIX A PAY ITEMS: CONCRETE SIDEWALK (6") (SY) 1-s-o· 6" l I 2% TO s:R~ET . Tr •. :. SUBGRADE COMPACTED TO MINIMUM DENSITY PER SOIL CLASSIFICATION , COOT SECTION 203.07 SIDEWALK SECTION SIDEWALK SECTION ~ ~ ~ ~ ~ r City of ~WheatRi_dge DEPTARTMENT OF PUBLIC WORKS ENGINEERING DIVISION APPROVED BY : SNN c Council Action Form April 28 , 2014 Page 2 practices, not only for the community as a whole , but also for municipal operations. Three categories organize municipal goals: waste reduction and recycling, natural resource conservation and management, and energy and transportation. The proposed amendment of section 26-109 builds on an effort of the Community Development Department to further the City's goals related to sustainability and increased efficiency. Letter Notice Section 26-1 09 of the zoning code establishes the public hearing notice procedure. These provisions require that a letter be sent to each property owner within 300 feet of a subject property. The code specifically requires letters to be sent via USPS certified mail. This service allows a sender to know when an item is delivered or delivery is attempted , but delivery requires the signature of a recipient. Each certified letter now costs the City $3.78. In addition to cost considerations , certified mailings are no longer an efficient method of notice . The post office attempts to deliver each certified letter three times , and if an adult recipient is not available to sign for it the mailing is returned to the post office and must be picked up there. Many letters are not retrieved resulting in a waste of money and a failure to notify property owners. If the City sent public hearing notices by first class mail , savings could be in the thousands of dollars each year. In addition , the likelihood of delivery is increased because a recipient signature would no longer be required. Staff would like to remove the cer(iji ed mai,ling requirement from the code and specify that first class maiJ is acceptable for letter notice. Staff will continue to send mail from the post office to provide evidence of the date that letters were presented to the post office for mailing. Published and Posted Notic e In addition to mailing letters , public hearings are a1mounced through publications and sign postings. The proposed code amendment will include cleanup of two items in the code which are unclear and inconsistent with current practice. Regarding published notice , a public hearing is announced in two places : in a local newspaper (typically the Wheat Ridge Transcript) and also in the Legal Notices section of the City's website. For the last several years , the newspaper publication has included the property address , the land use request , and the hearing details. The website publication includes this same information , in addition to the full legal description . The legal description is excluded from the newspaper because it can be lengthy, confusing, and add cost. The proposed code amendment simply clarifies that this is the current practice. Regarding posted notice, applicants are provided a sign that is displayed on the property for 15 days prior to the public hearing. The code includes an inconsistency in which it mentions a 10- day and 15-day posting period. Staff is recommending this error be corrected , so the code consistently refers to a 15-day posting period. Council Action Form April 28 , 2014 Page 3 RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: "I move to approve Council Bill No. 03-2014 , an ordinance amending Section 26-109 of Chapter 26 of the Wheat Ridge Code of Laws , concerning public noticing requirements , on second reading and that it take effect 15 days after final publication. Or, "I move to postpone indefinite} y the ordinance amending Section 26-109 of Chapter 26 of the Wheat Ridge Code of Laws, concerning public noticing requirements , for the following reason(s) " REPORT PREPARED BY; Lauren Mikulak , Planner II Meredith Reckert, Senior Plrumer Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 03-2014 2. Planning Commission Meeting Minutes (March 20 , 2014) CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER FITZGERALD COUNCIL BILL NO. 03 ORDINANCE NO. ___ _ Series 2014 TITLE: AN ORDINANCE AMENDING SECTION 26-109 OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING PUBLIC NOTICING REQUIREMENTS (CASE NO. ZOA-14-02) WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, in the exercise of that authority, the City Council of the City of Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the "Code") pertaining to zoning, land use, and development; and WHEREAS, the Wheat Ridge City Council ("Council") has previously enacted regulations concerning the noticing requirements associated with public hearings for land use applications; and WHEREAS, the City has identified a need to update these requirements for the purposes of clarity, cost savings, sustainability, efficiency; and WHEREAS, the City believes that this update does not diminish the quality, duration, or extent of public notification; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Subsection 26-109.8 of the Code, concerning published notice, is hereby amended as follows: B. Newspaper publication PUBLISHED NOTICE. At least ten (10) days prior to any public hearing for a specific site or development which requires approval by the planning commission, board of adjustment or city council, the director of community development shall cause to be published, ON THE CITY'S WEBSITE AND in the legal section of a newspaper of general circulation within the city, a notice of public hearing. The notice shall specify the kind of action requested; the hearing authority; the time, date and location of hearing; and the location of the parcel under consideration by betA STREET address and legal description. A LEGAL DESCRIPTION OF THE PARCEL UNDER CONSIDERATION SHALL ALSO BE SPECIFIED IN THE NOTICE PUBLISHED ON THE CITY'S WEBSITE. [ ... ] Section 2. Subsection 26-109.C of the Code, concerning posted notice, is hereby amended as follows: Attachment 1 C. Posted notice. At least ten (10) FIFTEEN (15) days prior to any public hearing for a specific site development which requires approval by the planning commission, board of adjustment or city council, the director of community development shall cause to be prepared, and the applicant shall post, a sign (one (1) per street frontage) upon the parcel under consideration for approval which provides notice of the kind of action requested; the hearing authority; the time, date and location of hearing; and the location of the parcel under consideration by address or approximate address. The sign shall be posted within the property boundaries, shall be affixed to a flat surface, shall measure twenty-two (22) inches in height by twenty-eight (28) inches in width, shall be elevated a minimum of thirty (30) inches from the ground (however, not more than six (6) feet above ground), shall be visible from the street without any obstructions, shall be legible and displayed for fifteen (15) days prior to the public hearing. The sign shall be maintained in good condition by the applicant throughout the ten (10) FIFTEEN (15) day posting period. The sign shall be removed within seventy-two (72) hours from the date the public hearing is concluded . The fact that a parcel was not continuously posted the full ten (1 0) FIFTEEN (15) days may not, at the discretion of the hearing authority, constitute grounds for continuance where the applicant can show that a good faith effort to meet this posting requirement was made. Section 3. Subsection 26-109.0 of the Code, concerning letter notice, is hereby amended as follows: D. Letter notice. At least ten (10) FIFTEEN (15) days prior to any public hearing which requires notification by letter, the director of community development shall cause to be sent, by certified FIRST CLASS mail, a letter to adjacent property owners within three hundred (300) feet of the property under consideration and to owners of property included within the area under consideration. The letters shall specify the kind of action requested; the hearing authority; the time , date and location of hearing; and the location of the parcel under consideration by address or approximate address. Failure of a property owner to receive a mailed notice will not necessitate the delay of a hearing by the hearing authority and shall not be regarded as constituting inadequate notice. Section 4. Subsection 26-115.A of the Code, concerning variances, is hereby amended as follows: A. Purpose. Where it is desired to gain relief from the strict application of any provision of this chapter or to seek an interpretation of the provisions or associated official maps, appeal to the appropriate authority as described below shall be made in accordance with the requirements relating to the specific type of appeal. Where a public hearing is required, notification shall occur by newspaper publication, posting, and certified letter as prescribed in section 26-109. Section 5. Safety Clause. The City Council 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 2 Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 6. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 7. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 14th day of April, 2014, ordered published with Public Hearing and consideration on final passage set for Monday, April 28, 2014 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of_ to _, this day of , 2014. SIGNED by the Mayor on this __ day of _____ , 2014. ATTEST: Janelle Shaver, City Clerk First Publication: April17, 2014 Second Publication: Wheat Ridge Transcript Effective Date: Joyce Jay, Mayor Approved as to form Gerald E. Dahl, City Attorney 3 ~~~~ ... _ ~ City of ?\VheatRi_dge PLANNING COMMISSION Minutes of Meeting March 20,2014 1. CAL.L THE MEETING TO ORDER The meeting was called to order by Chair BRINKMAN at 7:05 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29'h Avenue, Wheat Ridge, Colorado . 2. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Staff Members Present: Anne Brinkman Alan Bucknam Emery Dorsey Silke Popp Scott Ohm Steve Timms Amanda Weaver Lauren Mikulak, Planner Steve Art, Urban Renewal Manager/Economic Development Manager Gerald Dahl, City Attorney Kim Waggoner, Recording Secretary 3. PLEDGE OF ALLEGIANCE 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 6-0. 5. APPROVAL OF MINUTES-February 6, 2014 Commissioner OHM requested item #1 to be changed from Chair BRINKMAN to Vice Chair OHM and the signature line to be changed from Anne Brinkman, Chair to Scott Ohm, Vice Chair. It was moved by Commissioner OHM and seconded by Commissioner TIMMS to approve the minutes of February 20, 2014, with the proposed changed as requested Planning Commission Minutes March 20, 2014 Attachment 2 - 1- by Commissioner OHM. Motion carried 4-0 with Chair BRINKMAN and Commissioner DORSEY 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. 7. PUBLIC HEARING A. Case No. ZOA-14-02: Amendment to Public Noticing Requirements in Section 26- 1 09 of the Municipal Code. This case was presented by Lauren Mikulak. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case . She stated the city staff has adopted a sustainability policy and plan and the Community Development department has considered how to reduce inefficiencies and waste . She reviewed the staff report and answered questions from the Commissioners . Commissioner POPP asked if all locations in Wheat Ridge have street addresses . Ms . Mikulak stated only vacant land is not addressed . Commissioner DORSEY stated delivered certified mail can be verified. Ms. Mikulak stated more letters can be delivered to citizens via first class mail. Commissioner BUCKNAM asked if there was any legal jeopardy for claims of undelivered mail. Mr. Dahl stated there is no legal requirement that letter notices be sent via certified mail. Commissioner OHM stated he has no objection to first class mail in place of certified mail for the convenience of not having to go to the post office to pick up mail after work . He suggested residents provide an email address and sign a statement of notification preference by email. Ms. Mikulak stated addresses are pulled from the Assessor's ownership records which is a reliable source of information. The records are updated quarterly. She stated email addresses would be difficult to track. The city website does have a "Notify Me" feature for events and public hearings . Chair BRINKMAN closed the public hearing as there were no members in the audience to speak . It was moved by Commissioner BUCKNAM and seconded by Commissioner TIMMS to recommend approval of the proposed ordinance amending section 26- 109 of Chapter 26 of the Wheat Ridge Code of Laws, concerning public noticing requirements. Motion carried 6-0. Planning Commission Minutes March 20,2014 -2- Council Action Fonn April28 , 2014 Page2 FINANCIAL IMPACT: As a result of approving this second amendment, RWR would enter into a TIF agreement with MVG on or around May 14 , 2014. The TIF would include the sales tax and property tax increments generated on this site. An independent impact analysis indicates a current property tax base of $78,741 and a sales tax base of approximately $31 ,500. All affected agencies , including the City, will continue to receive their current tax base portion of property and sales tax as per Urban Renewal law . At full build out, the projects pro fom1a estimates the property tax increment in 2016 will be just over $148,000 and increasing to $271 ,000 by 2038. In addition , the sales tax increment in 2015 is projected to be just over $460,000 and increasing to approximately $744 ,000 by 2038 . BACKGROUND: The site for the future MVG redevelopment has had many uses since its original agricultural purpose in 193 7. In the 1940s, the small complex located behind the Starbucks was constructed . In 1961 , the existing commercial structure was completed for the original Safeway grocery store. That building now houses the Family Thrift Store. In 1974, two additional commercial structures were built. These two building are occupied by Clancy's Irish Pub , Starbucks and Cost Cutters , along with a few minor tenants. During its 40 years of operations , the entire shopping center has fallen into disrepair. Numerous code enforcement issues are continually addressed by the City including potholes and weeds in the parking lot, illegal dumping, transient occupancy of the vacant buildings , and general maintenance issues . In addition , the site has poor drainage which leads to occasional flooding in the structures located at the northern portion of the property. There are additional site constraints related to circulation, access , site sloping, inadequate parking in proximity to the Starbucks , and no significant landscaping anywhere on the 6.3 acres. The subject property, a blighted and under-performing commercial comer, was identified by RWR in the Plan and by the community in the City's Comprehensive Plan , Envision Wh eat Ridge, as an area in need of a transfonnative redevelopment project. In the opinion of staff, this objective is possible if existing improvements are replaced with new structures and the entire development is better connected to established neighborhoods surrounding the property. RWR and the City have attempted to locate a developer to purchase the property for many years. Staff attended the International Council of Shopping Center's (I CSC) annual conference numerous times to market this site. Throughout 2012 and 2013 , staff created working relationships with all of the property owners. These relationships were critical in enabling staff to obtain agreement from the property owners to sell their individual parcels to a private developer. MVG stepped in to begin extended negotiations with all four property owners and approached staff to inquire about the potential to implement TIF for the project. Proposed Project As the master developer of the site, MVG intends to: • Demolish all existing blighted structures that it acquires. Council Action Form April 28, 2014 Page 3 • Install new public improvements (drainage, sidewalk, landscaping, etc.) and bury the aboveground utilities. • Construct a new mixed-use development including retail and a senior housing facility on the 6.3 acre site. MVG proposes construction of a 27,000 sq. ft. retail grocery store to be occupied by Sprouts Farmers Market (Sprouts). Starbucks/Cost Cutters may continue to operate in their current facilities for a few months after construction has begun; however, at the end of Starbucks fiscal year a new store with a drive-thru will be constructed. One additional retail pad would be made available and is expected to be occupied by a quick service restaurant. The senior housing component will consist of a 64-unit assisted living and memory care facility and will be located on the northwestern portion of the site where the current strip center exists today. MVG has negotiated a lease agreement with Sprouts as the anchor tenant for the retail component. The project has been approved by the Sprouts Real Estate Committee, as well as by the company's President. All necessary site visits to approve the project have been completed and Sprouts expects MVG to deliver a finished building in the 4 1h quarter of2014 for an expected January 2015 opening. Development Incentive Package Request and Procedures The 1-70/K.ipling Corridors Urban Renewal Plan has stated objectives to reduce, eliminate and prevent the spread ofblight within the project area. To accomplish this purpose, the Plan promotes local objectives with respect to appropriate land uses, private investment and public improvements. The Plan, while not a regulating document, envisions new uses and redevelopment of existing uses in an architectural style that is regionally relevant. Staff believes this project meets the goals of the Plan. The Plan authorizes R WR to participate in redevelopment activities including demolition, public improvements, land acquisition, redevelopment, rehabilitation, and relocation. Completion of these activities may be financed in whole or part by RWR using TIF generated from property and sales taxes. At the November 19,2013 RWR meeting, Greg Moran, Jon Rankin and John Reinsma from MVG presented the proposed development and their justification for the TIF request. MVG provided the following items as barriers to development in the absence of TIF: • In order to consolidate all four parcels required for the redevelopment project, MVG is paying above market prices for the properties. • The site suffers from inadequate infrastructure which requires extensive site grading and utility undergrounding. At its April 10, 2014 meeting, R WR approved a redevelopment agreement between the City, MVG and RWR. At that same meeting, RWR approved a term sheet with Colorado State Bank and Trust which will provide a $2.6 million loan to RWR. The loan proceeds, which will net Council Action Form April28 , 2014 Page4 approximately $2.1 million, will be used by MVG for construction of tax exempt eligible public improvements related to the redevelopment project. On April 14 , 2014 the Council also approved the redevelopment agreement. At that same meeting, Council adopted a replenishment resolution stating their moral obligation to replenish the reserve fund if funds are drawn against that account. Finally, Council authorized an economic development incentive for up to $1 million toward the project for additional public improvements. This second amendment to the Plan is required to include the parcel at 3795 Kipling Street in the TIF authorization . This amendment is considered a substantial modification and requires that R WR satisfy the following: • Prepare an amendment to the Plan . This was completed in March 20 , 2014 and attached to this report. • Submit the second amendment to the Planning Commission for review of confonnity with the City's general plan at least thirty (30) days before the public hearing (C.R.S . § 31-25-1 07(2)). This item was heard and approved at the March 20 , 2014 meeting. • Provide a 30-day written notice to all property owners, residents and owners of businesses within the Plan area (C.R.S. § 31-25-107(4)(c)). Notices were sent in early March 2014. • Submit the second modification to the board of county commissioners at least thirty (30) days before public hearing (C.R .S. § 31-25-1 07(3 .5)). If the proposed modification contains TIF provisions , an impact statement must also be presented to the board of county commissioners containing specific infonnation required by C.R.S. § 31-25-1 07(3 .5). The plan modification and impact report was submitted to the office of the commissioners on March 3, 2014. • Post the public hearing notice. The notice was published on March 13 , 2014 in the Wheat Ridge Transcript. Upon completion of those items, Council is required to conduct a public hearing (C.R.S. § 31-25-1 07( 4)). After the public hearing and adoption of a resolution , the county assessor will be notified of the TIF provision (C .R.S. § 31-25-1 07(1 0)). REC OMMENDATI ONS : Staff recommends moving forward with the second substantial modification for the following reasons: 1. The project will add new retail options with the addition of a Sprouts Farmers Market. 2. The residential component will add a needed service for the City and surrounding area by providing alternative options for long-term care. 3. The project may act as a catalyst for future development and redevelopment of sites along the 38th Avenue corridor and the Plan area. 4. The project will create additional property and sales tax over time for RWR, the City and Council Action Form Apri1 28, 2 014 Page 5 other taxing entities. 5. The project will remove blight, an objective of the Plan and a key requirement ofRWR. RECOMMENDED MOTION: "I move to approve Resolution No . 26-2014, a resolution approving a second amendment to the 1-70/Kipling Corridors Urban Renewal Plan to allow for the utilization of tax increment financing." Or, "I move to deny Resolution No. 26-2014, for the following reason(s) ________ " REPORT PREPARED/REVIEWED BY: Steve Art, Urban Renewal Manager Patrick Goff, Executive Director ATTACHMENTS: 1. Resolution No . 26-2014 • Exhibit A -1-70/Kipling Corridors Plan (Not including Appendices A- C or Attachments 1 and 2) • Exhibit B Second Amendment to the I-70/Kipling Corridors Plan CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 26 Series of 2014 TITLE: A RESOLUTION APPROVING A SECOND AMENDMENT TO THE I-70/KIPLING CORRIDORS URBAN RENEWAL PLAN TO ALLOW FOR THE UTILIZATION OF TAX INCREMENT FINANCING WHEREAS, in May 2009, the Wheat Ridge City Council approved an urban renewal plan, known as the 1-70/Kipling Corridors Urban Renewal Plan (the Urban Renewal Plan) Exhibit A for the elimination of blight and redevelopment of certain portions of the City; and WHEREAS, such Urban Renewal Plan includes the area described in Exhibit B hereto, which is the location of the MVG Development property; and WHEREAS, Section 7.7 of the Urban Renewal Plan provided for the utilization of sales and property tax incremental revenue sources within the redevelopment area; and WHEREAS, in compliance with the Urban Renewal Law of Colorado, C.R.S. § 31-25-101 et seq., the Wheat Ridge Urban Renewal Authority desires to implement the use of tax increment financing for the project area described in Exhibit B; and WHEREAS, on January 27, 2014 the City Council approved a First Modification to the 170/Kipling Corridors Urban Renewal Plan authorizing the use of Tax Increment Financing for the redevelopment project at the southwest corner of Kipling Street and 38 1h Avenue· and ' WHEREAS, since the time of the First Modification, an additional parcel located at 3795 Kipling Street (Parcel ID: 39-281-00-001) has been acquired and will be included in the use of Tax Increment Financing; and WHEREAS, this second amendment to the Urban Renewal Plan is considered a substantial modification and therefore requires a 30-day notice to all property and business owners and the County Commissioners in the Urban Renewal Plan project area and requires the City's Planning Commission to review the modification and its conformity to the City's general plan for development as a whole . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Section 1. The City Council hereby adopts this resolution amending Section 8 of the Urban Renewal Plan for the utilization of property and sales tax increment for the MVG Development project and adds in the parcel addressed as 3795 Kipling Street (Parcel ID: 39-281-00-001 ). Attachment 1 DONE AND RESOLVED THIS 28 1h day of April, 2014. Joyce Jay, Mayor ATIEST: Janelle Shaver, City Clerk 1-70/ Kipling Corridors Urban Renewal Plan Wheat Ridge, Colorado May 2009 Prepared for: Wheat Ridge Urban Renewal Authority Wheat Ridge, Colorado City Council Prepared by: Leland Consulting Group (LCG) LELAND CONSULTING GROUP (20 july 2009) Exhibit · A 1 1-70/ Kipling Corridors Urban Renewal Plan Wheat Ridge, Colorado Tabl e of Cont ents Section 1.0: 1.1 1.2 1.3 1.4 Section 2.0 Section 3.0 3.1 Section 4.0 Section 5.0 Section 6.0 6.1 6.2 6.3 Section 7.0 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 Introduct ion Preface Blight Findings Other Findings Urban Renewal Area Boundaries 1.4 .1 Boundary Map of Urban Renewal Area Definitions Purpose of the Plan Public Participation Qualifying Conditions Relationship to Comprehen sive Plan Plan Objectives General Descriptions Development and Design Objectives Public Investment Objectives Authorized Urban Renewal Undertakings and Activities Public Improvements and Facilities Other Improvements and Facilities Development Opporturuties-Catalyst Projects Development Standards Variations in the Plan Urban Renewal Plan Review Process Project Financing and Creation of Tax Increment Areas Property Acquisition and Land Assemblage Relocation Assistance Demolition, Clearance, Environmental Remediation, and Site Prep Property Disposition Redevelopment and Rehabilitation Actions Redevelopment I Development Agreements Cooperation Agreements LELAND Co SUL TI G GROUP (20 july 2009) 4 6 10 11 13 14 18 2 1-70/ Kipling Corridors Urban Renewal Plan Wheat Ridge, Colorado Table of Contents Section 8.0 Project Financing 8 .1 Public Investment Objective 8 .2 Authorization 8.3 Project Revenues 8.3.1 Tax Increment Financing 8.3.2 Distribution of Tax Revenues 8.4 Other Financing Mechanisms I Structures Section 9.0 Appendix Appendix A: Appendix B: AppendixC: Attachment 1: Attachment 2: Severability Urban Renewal Area Legal Description Urban Renewal Plan Concept Map City of Wheat Ridge Comprehensive Plan, Updated 2000 References 1-70 I Kipling Corridors Conditions Survey 1-70 I Kipling Corridors Jefferson County Impact Report LELAND CONSULTING GROUP (20 July 2009) 26 28 3 1-70/ Kipling Corridors Urban Renewal Plan Wheat Ridge, Colorado 1.0 Preface and Background 1.1 Preface This 1-70 I Kipling Corridors Urban Renewal Plan (the "Plan" or the "Urban Renewal Plan") has been prepared by the Wheat Ridge Urban Renewal Authority (the "Authority") for the City of Wheat Ridge ("City"). It will be carried out by the Authority, pursuant to the provisions of the Urban Renewal Law of the State of Colorado, Part 1 of Article 25 of Title 31, Colorado Revised Statutes, 1973, as amended (the" Act"). The administration and implementation of tl1is Plan, including the preparation and execution of any documents implementing it, shall be performed by the Authority. 1.2 Blight Findings Under the Act, an urban renewal area is a blighted area, which has been designated as appropriate for an urban renewal project. In each urban renewal area, conditions of blight, as defined by the Act, must be present, and in order for tl1e Autl1ority to exercise its powers, the City Council must find that the presence of those conditions of blight, "substantially impairs or arrests the sound growtl1 of the municipality or constitutes an economic or social liability, and is a menace to the public health, safety, morals or welfare." LELAND Co SULTING GROUP (20 July 2009) 4 The J-70 I Kipling Corrid01'S Conditions Suroey, prepared by Matrix Design Group, submitted June 2009, which is attached hereto as Attachment 1 (the "Blight Study"), demonstrates that the 1-70 I Kipling Corridors Area ("Study Area"), as defined in the Blight Study, is a blighted area under the Act. 1.3 Other Findings The Area is appropriate for one or more urban renewal projects and other undertakings authorized by the Act to be advanced by the Authority. Projects could require the demolition and clearance of certain public and private improvements within the Area as provided in this Plan. If this is the case, such actions will be determined to be necessary in order to eliminate unsafe conditions, obsolete and other uses detrimental to the public welfare, and otherwise remove and prevent the spread of deterioration. The Authority has the discretion to create a single or several tax increment areas within a single urban renewal planning area. In addition, it is at the Authority's discretion whether or not to initiate creation of one or several tax increment areas at the time the Plan is adopted by City Council. Factors that could support creation of a tax increment district include announcement of a specific project or prevailing or impending market and I or economic conditions. Further, the Authority is entitled to all powers authorized in the Act. It is the intent of the City Council in adopting this Plan that the Authority exercise all powers which are necessary, convenient or appropriate to accomplish the objectives of the Plan. In addition, it is the intent of the Plan that the Authority exercise all such powers as may now be possessed or hereafter granted for the elimination of qualifying conditions in the Area. LELAND CONSUL TlNG GROUP (20 July 2009) 5 The powers conferred by the Act are for public uses and purposes for which public money may be expended and police powers exercised; and, this Plan is in the public interest and necessity -such finding being a matter of legislative determination by the City Council. 1.4 Urban Renewal Area Boundaries The proposed I-70 I Kipling Corridors Urban Renewal Area (referred to herein as "the Urban Renewal Area" or "the Area") is located within the City of Wheat Ridge and Jefferson County, Colorado as delineated in Figure No. 1 and described in the legal description presented in the Appendix. The boundaries of the Area generally include properties roughly following aU-shaped corridor that runs north along Interstate 70 begim1ing at 32nct Avenue, then east along the Interstate until Kipling Street, and finally south along Kipling Street until26tl1 A venue. The survey area contains 649 real property parcels. In terms of land area, the Area consists of approximately 1,189 total acres (including any streets or rights-of-way) of which approximately 812 acres lie within real property parcels. 1.4.1 Figure 1, 1-70 I Kipling Corridors Area The Plan Concept Map is presented in Appendix B. 2.0 Definitions In addition to terms previously defined in the text, the following terms are used in this Plan: LELAND CONSULT! G GROUP (20 July 2009) 6 Figure No.1 LELAND CONSULTING GROUP (20 july 2009) 7 Act -means the Urban Renewal Law of the State of Colorado, Part 1 of Article 25 of Title 31, Colorado Revised Statutes, as amended. Area or Urban Renewal Area -means the 1-70 / Kipling Corridors Urban Renewal Area as depicted in Figure 1 and legally described in the Appendix. Authority-means the Wheat Ridge Urban Renewal Authority. Blight Study-means the I-70 I Kipling Corridors Condition s Survey, prepared by Matrix Design Group, submitted June 2009, incorporated herein by this reference. City-means the City of Wheat Ridge, a home-rule municipal corporation of the State of Colorado. City Council-means the City Council of the City of Wheat Ridge. City Tax or City Taxes -means, collectively, taxes imposed by tl1e City on certain transactions. Comprehensive Plan-the CihJ of Wheat Ridg e Area Comprehensive Plan , Updat ed 2000 (the "Comprehensive Plan"). Cooperation Agreement -means any agreement between the Authority and City, one or more Metropolitan Districts, or any public body (the term "public body" being used in this Plan as defined by the Act) respecting action to be taken pursuant to any of tl1e powers set forth in tl1e Act or in any other provision of Colorado law, for the purpose of facilitating public undertakings deemed necessary or appropriate by tl1e Authority under tl1is Plan. LELA D Co SULT I G GROUP (20 july 2009) 8 C.R.S.-means the Colorado Revised Statutes, as amended from time to time. Impact Report-means the l-70 I Kipling Corridors, Jefferson County Impact Report prepared by Leland Consulting Group, dated July, 2009, attached hereto as Attachment 2 and incorporated herein by this reference. Improvement District -means a special district created to make improvements, typically to public space infrastructure, in a given area. Wheat Ridge Comprehensive Plan-means City of Wheat Ridge Area Comprehensive Plan, Updated 2000, as such plan has been or may be amended from time to time. Plan or Urban Renewal Plan-means this I-70 I Kipling Corridors Urban Renewal Plan. Property Tax Increment Area -means that portion of the Area designated as a property tax increment area Redevelopment I Development Agreement -means one or more agreements between the Authority and developer(s) and I or property owners or such other individuals or entities as may be determined by the Authority to be necessary or desirable to carry out the purposes of this Plan. Sales Tax -means the municipal sales tax imposed by the City on certain transactions. Sales Tax Increment Area -means any portion of the Area designated as a sales tax increment area. LELAND CONSULTING GROUP (20 July 2009) 9 Tax Increment Area-means a portion of the Area designated as a Property Tax and/ or Sales Tax Increment Area. 3.0 Purpose of the Plan The purpose of the l-70 I Kipling Corridors Urban Renewal Plan is to reduce, eliminate and prevent the spread of blight within the Area and to stimulate growth and investment within the Area boundaries. To accomplish this purpose, the Plan promotes local objectives with respect to appropriate land uses, private investment and public improvements, provided that the delineation of such objectives shall not be construed to require that any particular project necessa1·ily promote all such objectives. Specifically, the Plan promotes an environment which allows for a range of uses and product types, as supported by the City of Wheat Ridge Area Comprehensive Plan , Updated 2000 and any subsequent updates, as well as any other relevant policy documents which leverage the community's invesbnent in public improvement projects in the Area. While the principal goal of this urban renewal effort, as required by the Act, is to afford maximum opportunity consistent with the sound needs of the City of Wheat Ridge as a whole, and to develop and rehabilitate the Area by private enterprise; it is not intended to replace the efforts of area business development entities. 3.1 Public Participation The Plan has been made available to business and property owners located within and adjacent to the Plan boundaries, as well as Wheat Ridge residents at- large. All stakeholders and residents were also invited to participate in several LELA D Co SUL Tl G GROUP (20 july 2009) 10 venues: workshops held between April and May 2009 designed to solicit input on the vision for the Area. In all, more than 100 individuals participated. In addition, City staff received written comments via e-mail and phone calls. Notification of the public hearing was provided to property owners and owners of business concerns at their last known address of record within the Area as required by the Act. Notice of the public hearing to consider the Plan was published in the Wheat Ridge Transcript. Presentations were also made at public meetings of the City Council and Planning Commission during the summer of 2009 to receive comments and input on the process and Plan documents. As required by the Act, a report outlining the potential impact of the Plan on Jefferson County was prepared and submitted along with the Plan document to the County Commissioners of Jefferson County not less than 30 days before consideration of its approval. 4.0 Qualifying Conditions Before an urban renewal plan can be adopted by the City, the area must be determined to be a "blighted area" as defined in Section 31-25-103(2) of the Act, which provides that, in its present condition and use, the presence of at least four of the following factors in the Area, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare: (a) Slum, deteriorated, or deteriorating structures; (b) Predominance of defective or inadequate street layout; (c) Faulhj lot layout in relation to size, adequacy, accessibilihj, or usefulness; (d) Unsanitary or unsafe conditions; LELAND CONSULTlNG GROUP (20 July 2009) 11 (e) Deterioration of site or oth er improvements; (fJ Unusual topography or inad equat e public impro ve ments or utilitie s; (g) Defecti ve or unu sual condition s of titl e rend ering th e titl e nonmarketabl e; (h) Th e existence of condition s that endanger life or prop erh; by fir e or oth er cau ses; (i) Building s that are unsafe or unhealthy for person s to li ve or work in becau se of building co de violation s, dilapidation, deterioration, def ec ti ve des ign , phy sical co nstnt cti on, or faulhj or inad equat e fadliti es ; (j) Envi ronm ental co ntaminati on of building s or pr operh;; (k .S) TI1e ex istence of health , safeh;, or welfare fa ctor s requiring hi gh leve ls of municipal se rvi ces or sub stantial phy sical underu tili zati on or vacan cy of sites, building s, or oth er improve ments; or (l ) If th ere is no objec ti on by the pr operh; ow ner or ow ners and th e tenant or tenants of suc h ow ner or ow ners, if any, to the inclu sion of such pr operty in an urba n renew al area, "blighted area" al so mean s an area that , in it s prese nt co nditi ons and use and, by reaso n of the prese nces o f any one of th e fa ctors spec ifi ed in para g raph s (a ) to (k .S) of Sec ti on 31-25 -103 (2), sub stantially impair s or arres ts th e so und growth of th e muni cipalih;, retard s th e pr ov ision of housin g acc ommodation s, or con stitutes an ec onomi c or social liability, and is a mena ce to the publi c hea lth , safety, moral s, m· we lfare. The Act also provides that, if private property is to be acquired by the Authority by eminent domain, at least five of the factors specified in Section 31-25-103(2)(a) to (2)(1) must be present. The general methodology for conducting the Blight Study is to: (i) define the Study Area; (ii) gather information about the Study Area, such as right-of-way and parcel boundaries, aerial photography, etc.; (iii) evaluate evidence of blight through field reconnaissance of the Study Area to document observed physical conditions of blight; and, (iv) collect data about blight factors that are not visually observable. LELA D CO SU LTI G GROUP (20 July 2009 ) 12 Among the 11 qualifying factors identified in the Act, the Blight Study identified the presence of the following ten blight factors in the Study Area: (a) Slum, Deteriorated and Deteriorating Structures (b) Predominance of Defective or Inadequate Street Layout (c) Faulhj Lot Layout in Relation to Size, Adequacy, or Usefulness (d) Unsanitary or Unsafe Conditions (e) Deterioration of Site or Other Improvements (j) Unusual Topography or Inadequate Public Improvements or Utilities (h) Existence of conditions that endanger life or properhJ by fire and other causes (i) Buildings that are Unsafe or Unhealthy for Persons to Live or Work (j) Environmental Contamination of Buildings or ProperhJ (k.S) High Levels of Municipal Services or Underutilization or Vacanct; of Sites, Buildings, or Other Improvements The condition, (g) of Section 31-25-103(2), defective or unusual conditions of title rendering the title non-marketable, was not investigated. 5.0 Relationship to Comprehensive Plan A general plan for the City, known as the City of Wheat Ridge Area Comprehensive Plan, was updated in 2000. The Authority, with the cooperation of the City, private enterprise and other public bodies, will undertake projects and activities described in this Plan in order to eliminate the conditions of blight identified herein while implementing the goals and objectives of the City of Wheat Ridge Area Comprehensive Plan, Updated 2000 and all subsequent updates. Specific elements of the City of Wheat Ridge Area Comprehensive Plan , Updated 2000 which this Plan advances, are presented in Appendix C of this Plan (and taken verbatim). References from other adopted and accepted documents LELAND CONSULTING GROUP (20 July 2009) 13 (Repositioning Wheat Ridge, Neighborhood Revitalization Strategt;; and Wheat Ridge Northwest Sub-Area Plan) that speak to issues within the Urban Renewal Area are also provided. Pursuant to State Statutes, the 1-70 I Kipling Corridors Urban Renewal Plan was reviewed by the Planning and Zoning Commission on August 6, 2009 and a Resolution was passed indicating that the Plan was consistent with certain Goals, Policies and Strategies contained in the Wheat Ridge Area Comprehensive Plan, Updated 2000 and other City adopted and accepted plans. 6.0 Plan Objectives 6.1 General Description The vision for the Area as defined by stakeholders involved in the process is: Redevelopment of the Urban Re11ewal Area represents a unique opportunity to create a series of destinations tlwt are both region-serving and locally supportive. Tltis Urban Renewal Plan, while not a regulating document, envisions qualihJ materials; notable architecture; strong internal and external connections; and, liost environments for public events and cultural venues. New uses and redevelopment of existing uses may be developed in mixed-use and multi- use formats where feasible, and in an architechtrnl style that is regionally-relevant. Whereas existing neighborhoods will be stabilized, new neighborhoods will be co-located witlr commercial, employment and institutional uses. Improvements in the physical realm will be consistent and communicate a unified identihJ and brand. Connectio11s for vehicles, pedestrians, bietjcles and other modes of transportation will be improved and strengthened in a manner that is regionally-relevant and in accordance with the Architectural and Site Design Manual. LELA D CONSULTING GROUP (20 July 2009) 14 6.2 Development and Design Objectives All development in the Plan Area shall conform to the zoning and development codes of the Wheat Ridge Municipal Code, as well as any site-specific zoning regulations or policies which might impact properties in the Area, all as in effect and as may be amended from time to time. Codes and regulations present at the time of any project application and development will apply. No project within the Urban Renewal Area is vested to previous codes or regulations. While the Act authorizes the Authority to undertake zoning and planning activities to regulate land use, maximum densities, and building requirements in the Area, the City will regulate land use and building requirements. The primary development objective of this Urban Renewal Plan is strategic investment in the public realm that will leverage private sector projects. Potential land uses within the Urban Renewal Area include a range of commercial, employment (industrial and office), residential, institutional, lodging, civic, cultural and parking. Other, more general development objectives include flexibility given changing market conditions; adaptability to a range of uses and product types; and, consistency in building material and development quality. Specific project goals and objectives identified by the stakeholders, in collaboration with impacted property owners, that investment within the Urban Renewal Area should aspire to, include the following: 1. Eliminate and prevent blight 2. Implement elements of the City ofWheat Ridge Comprehensive Plan, Update 2000 related to urban renewal and the vision of this Plan 3. Ensure orderly growth throughout the community 4. Stimulate development of under-utilized land in the Urban Renewal Area LELAND CONSULT! G GROUP (20 July 2009) 15 5. Increase property values and strengthen the City's economic base 6. Participate in the long-term economic vitality of the City through quality (re) development 7. Enhance Wheat Ridge's identity 8. Preserve existing neighborhoods 9. Expand the City's commercial activities 10. Maintain a fiscally-prudent base of industrial uses 11. Encourage growth in primary jobs 12. Promote Wheat Ridge's cultural heritage 13. Reduce sub-standard uses 14. Support stronger code enforcement Land Use 15. Improve relationships between uses in the Urban Renewal Area and surrounding areas 16. Provide uses supportive of and complementary to plrumed improvements 17. Promote a variety of housing product types to address multiple segments of the populous 18. Advance cultural art programs and capital investments 19. Unify uses and plan components (signage, street furniture, landscaping) 20. Support preservation of historic structures 21. Expand service facilities (police, fire, library, recreation and/ or senior) Ec onomi c Deve lopm ent 22. Encourage the continued presence of existing viable businesses 23. Attract regional and national businesses LELAND CO S ULTI G GROUP (20 July 2009) 16 Financial 24. Provide a range of financing mechanisms for private property (re) investment 25. Encourage public-private partnerships 26. Promote economic incentives in order to attract (re) investment Political 27. Facilitate cooperation among government agencies (taxing entities) Architecture 28. Promote "green" development (environmentally sensitive) 29. Raise the quality of building standards in the Urban Renewal Area 30. Encourage higher design standards Physical 31. Improve the public realm 32. Increase the capacity and quality of infrastructure in the Urban Renewal Area 33. Develop and enhance community gateways 34. Maintain / develop public gathering spaces (soft and hard) 35. Preserve the area's natural (and man-made) resources 36. Grow the City's multi-modal options (bike routes, trails, pedestrian access, transit) LELAND CONSULTING GROUP (20 July 2009) 17 6.3 Public Investment Objectives Existing conditions present within the Area will be remedied by the proposed Plan, but will first need to be identified as a priority public invesbnent item by the Authority, in consultation with the stakeholders. As it is the intent of this Plan that improvements will only be partially ftmded by tax increment revenues, creation of special districts and/ or other financing districts to serve as supplemental funding sources will not only be considered, but encouraged . Experience has proven that a critical component to the success of any urban renewal effort is participation by both the public and private sectors. This said, leveraging of resources will be key as no one entity, either public or private, has sufficient resources alone to sustain a long-term improvement effort. 7.0 Authorized Urban Renewal Undertakings and Activities The Act allows for a wide range of activities to be used in the implementation of an urban renewal plan. In the case of this Plan, it is the Authority's intent to provide incentives to stimulate private investment in cooperation with property owners and other affected parties in order to accomplish its objectives . Public- private partnerships and other forms of cooperative development will be key to the Authority's strategy for preventing the spread of blight and eliminating existing blight conditions. Reliance on powers such as eminent domain will only be considered as a final option, as determined by the City Council, to achieve the objectives of this Plan. 7.1 Public Improvements and Facilities The Authority may undertake certain actions to make the Area more attractive for private investment. The Authority may, or cause others to, install, construct, and reconstruct any public improvements. Additionally, the Authority may, or LELA D CONSULTING GROUP (20 July 2009) 18 cause others to, demolish and clear buildings and existing improvements for the purpose of promoting the objectives of the Plan and the Act. Finally, the Authority may, or may cause others to, install, construct and reconstruct any other authorized improvements in the Area, including, without limitation, other authorized undertakings or improvements for the purpose of promoting the objectives of this Plan and the Act. Public projects are intended to stimulate (directly and indirectly) private sector investment in and around the Area. The combination of public and private investment will assist in the investment and reinvestment of the Area with a greater intensity and quality of viable commercial, employment, residential and mixed-use sub-areas supported by multiple forms of transportation and public spaces contributing to the overall economic well-being of the community. As described in Section 4.0 of this Plan, ten qualifying conditions of blight, as defined in Section 31-25-103(2) of the Act, are evident in the Area . This Plan proposes addressing each of these conditions through potential completion of the following public improvements and facilities: (a) Slum, Deteriorated and Deteriorating Structures: building improvements including facades, fencing, roof repairs; and, graffiti clean-up; (b) Predominance of Defective or Inadequate Street Layout: completion of incomplete streets and sidewalks; increased road and intersection capacity; roadway repairs; and, stronger connections; (c) Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or Usefulness: (see Predominance of Defective or Inadequate Street Layout); and, assemblage of small, narrow and awkwardly shaped parcels; (d) Unsanitary or Unsafe Conditions: pedestrian improvements; ADA improvements; lighting; bike paths; deferred maintenance items LELAND CONSULTING GROUP (20 July 2009) 19 including cracked and buckled sidewalks; and, roadway improvements designed to arrest congestion; (e) Deterioration of Site or Other Improvements: improvements to parking surfaces; curbs and gutters; and, signs and advertisements; (f) Unusual Topography or Inadequate Public Improvements or Utilities: undergrounding of overhead utilities; increasing infrastructure capacity where necessary; and, completion of curbs, gutters and sidewalks; (h) Existence of Conditions that Endanger Life or Property by Fire and Other Causes: sprinklering of commercial buildings; and, improved access for emergency vehicles; (i) Buildings That Are Unsafe or Unhealthy for Persons to Live or Work: demolition of substandard structures; G) Environmental Contamination of Buildings or Property: assistance with site and building environmental clean-up; (k.5) Existence of Factors Requiring High Levels of Municipal Services or Substantial Physical Underutilization or Vacancy of Sites, Buildings or Other Improvements: stronger code enforcement; site assemblage; site prep; and, assistance with post-development leasing strategies. 7.2 Other Improvements and Facilities There could be other non-public improvements in the Area that may be required to accommodate development a11d redevelopment. The Authority may assist in the financing or construction of these improvements. 7.3 Development Opportunities-Catalyst Projects A key concept associated with implementation of the Plan is targeted investment that will serve to catalyze development throughout the Area and fund future LELAND Co SUL TING GROUP (20 july 2009) 20 public improvements. The aggregate impact of potential investment within the Area is reflected in the Impact Report in Attachment 2. 7.4 Development Standards All development in the Area shall conform to applicable rules, regulations, policies and other requirements and standards of the City and any other governmental entity which has jurisdiction over all or any portion of the Area. In conformance with the Act and the Plan, the Authority may adopt design standards and other requirements applicable to projects undertaken by the Authority in the Area. Unless otherwise approved by City Council, any such standards and requirements adopted by the Authority shall be consistent with all other City zoning and development policies and regulations. 7.5 Variations in the Plan The Authority may propose, and the City Council may make, such modifications to this Urban Renewal Plan as may be necessary provided they are consistent with the City ofWireat Ridge Comprehensive Plan, Updated 2000 and any subsequent updates, as well as the Act, or such amendments made in accordance with this Plan and as otherwise contemplated by this Plan. The Authority may, in specific cases, allow non-substantive variations from the provisions of this Plan if it determines that a literal enforcement of the provision would constitute an unreasonable limitation beyond the intent and purpose stated herein. LELAND CONSUL TlNG GROUP (20 July 2009) 21 7.6 Urban Renewal Plan Review Process The review process for the Plan is intended to provide a mechanism to allow those parties responsible for implementing key projects to periodically evaluate its effectiveness and make adjustments to ensure efficiency in implementing the recommended activities. The following steps are intended to serve as a guide for future Plan review: (a) The Authority may propose modifications (including expansion of the Plan boundaries), and the City Council may make such modifications as may be necessary provided they are consistent with the Cihj of Wh eat Ridg e Comprehensive Plan , Updat ed 2000 and any subsequent updates, as well as the Act. (b) Modifications may be developed from suggestions by the Authority, property and business owners, and City staff operating in support of the Authority and advancement of this Plan. (c) A series of joint workshops may be held by and between the Authority and property and business owners to direct and review the development of Plan modifications. 7.7 Project Financing and Creation of Tax Increment Areas While projects within the Area are planned to be primarily privately financed, it is the intent of the City Council in approving this Urban Renewal Plan to authorize the use of tax increment financing by the Authority to assist with the development of these projects. Urban renewal authorities in Colorado are authorized by statute (C.R.S 31-25-105) to borrow money and accept advances, LELAND Co S ULTI NG GROUP (20 July 2009 ) 22 loans, grants and contributions from public or private sources, and to issue bonds to finance their activities or operations. In practice, an accepted method for financing urban renewal projects is to utilize incremental property tax and/ or municipal sales tax revenues attributable to redevelopment in the project area to pay the principal of, the interest on, and any premiums due in connection with the bonds of, loans or advances to, or indebtedness incurred by the Authority. The boundaries of the Urban Renewal Area shall be as set forth in Appendix A. As more fully set forth herein this Section 7.7, it is the intent of City Council in approving this Plan to authorize the use of tax increment financing by the Authority as part of its efforts to undertake and advance the Plan. 7.8 Property Acquisition and Land Assemblage The Authority may acquire property by negotiation or any other method authorized by the Act, except that any proposal to acquire property under the power of eminent domain must be approved by the City Council in accordance with the Act. The Authority may temporarily operate, manage and maintain property in the Area with the consent of the owner of the property. Such property shall be under the management and control of the Authority and may be rented or leased pending its disposition for redevelopment. 7.9 Relocation Assistance It is not anticipated that acquisition of real property by the Authority will result in the relocation of any individuals, families, or business concerns. However, if such relocation becomes necessary, the Authority will adopt a relocation plan in conformance with the Act. LELAND CONSULTING GROUP (20 July 2009) 23 7.10 Demolition, Clearance, Environmental Remediation, and Site Prep In carrying out this Plan, it is anticipated that the Authority may, on a case-by- case basis, elect to demolish and clear buildings, structures and other improvements. Additionally, development activities consistent with this Plan, including but not limited to Development or Cooperation Agreements, may require such demolition and clearance to eliminate unhealthy, unsanitary, and unsafe conditions, eliminate obsolete and other uses detrimental to the public welfare, and otherwise remove and prevent the spread of deterioration. With respect to property acquired by the Authority, it may demolish and clear, or contract to demolish and clear, those buildings, structures and other improvements pursuant to this Plan, if in the judgment of the Authority, such buildings, structures and other improvements cannot be rehabilitated in accordance with this Plan. The Authority may also undertake such additional site preparation activities as it deems necessary to facilitate the disposition and development of such property. 7.11 Property Disposition The Authority may acquire, sell, lease, or otherwise transfer real property or any interest in real property subject to covenants, conditions and restrictions, including architectural and design controls, time restrictions on development, and building requirements, as it deems necessary to develop such property. Real property or interests in real property may be sold, leased or otherwise transferred for use in accordance with the Act and this Plan. All property and interest in real estate acquired by the Authority in the Area that is not dedicated or transferred to public entities, shall be sold or otherwise disposed of for redevelopment in accordance with the provision of this Plan and the Act. LELAND Co SUL TI G GROUP (20 July 2009) 24 7.12 Redevelopment and Rehabilitation Actions Redevelopment and rehabilitation actions within the Area may include such undertakings and activities as are in accordance with this Plan and the Act, including without limitation: demolition and removal of buildings and improvements as set forth herein; installation, construction and reconstruction of public improvements; elimination of unhealthful, unsanitary or unsafe conditions; elimination of obsolete or other uses detrimental to the public welfare; prevention of the spread of deterioration; and, provision of land for needed public facilities. The Authority may enter into Cooperation Agreements and Redevelopment/Development Agreements to provide assistance or undertake all other actions authorized by the Act or other applicable law to redevelop and rehabilitate the Area. 7.13 Redevelopment I Development Agreements The Authority is authorized to enter into Redevelopment/Development Agreements or other contracts with developer(s) or property owners or such other individuals or entities as are determined by the Authority to be necessary or desirable to carry out the purposes of this Plan. Such Redevelopment/ Development Agreements, or other contracts, may contain terms and provisions as shall be deemed necessary or appropriate by the Authority for the purpose of undertaking the activities contemplated by this Plan and the Act, and may further provide for such undertakings by the Authority, including financial assistance, as may be necessary for the achievement of the objectives of this Plan or as may otherwise be authorized by the Act. These Agreements will be separate from this Plan, yet in support of its goals and objectives. Existing agreements between the City and private parties that are consistent with this Plan are intended to remain in full force and effect. LELAND CONSULTING GROUP (20 july 2009) 25 7.14 Cooperation Agreements For the purpose of this Plan, the Authority may enter into one or more Cooperation Agreements pursuant to the Act. The City and the Authority recognize the need to cooperate in the implementation of this Plan and, as such, Cooperation Agreements may include, without limitation, agreements regarding the planning or implementation of this Plan and its projects, as well as programs, public works operations, or activities which the Authority, the City or such other public body is otherwise empowered to undertake and including without limitation, agreements respecting the financing, installation, construction and reconstruction of public improvements, utility line relocation, storm water detention, environmental remediation, landscaping and/ or other eligible improvements . This paragraph shall not be construed to require any particular form of cooperation. 8.0 Project Financing 8.1 Public Investment Objective It is the intent of the Plan that the public sector will play a significant role in urban renewal efforts as a strategic partner. Typical infrastructure investments the public would anticipate making include, but are not limited to: unifying streetscape elements (but for specific modifications made on private property); improving access and circulation; improving streets and parks; providing for infrastructure improvements; completing utilities; and, creating special districts or other financing mechanisms. LELA N D CON SULTING GROUP (20 July 2009 ) 26 8.2 Authorization The Authority may finance undertakings pursuant to this Plan by any method authorized under the Act or any other applicable law, including without limitation: issuance of notes, bonds and other obligations in an amount sufficient to finance all or part of this Plan; borrowing of funds and creation of indebtedness; advancement of reimbursement agreements; and / or utilization of the following: federal or state loans or grants; interest income; annual appropriation agreements; agreements with public or private entities; and loans, advances and grants from any other available sources. The principal, interest, costs and fees on any indebtedness are to be paid for with any lawfully available funds of the Authority. Debt may include bonds, refunding bonds, notes, interim certificates or receipts, temporary bonds, certificates of indebtedness, or any other obligation lawfully created. 8.3 Project Revenues 8.3.1 Tax Increment Financing The Plan contemplates that a primary method of financing projects within the Area will be through the use of property tax and City Sales Tax increments. The Authority shall be authorized to pledge all or any portion of such property tax and City Sales Tax increment revenues for financing public infrastructure that benefits the Area pursuant to one or more Cooperation Agreements. LELAND CONSULTING GROUP (20 July 2009) 27 8.3.2 Distribution of Tax Revenues As specified in any amendment to this Plan which creates a new Tax Increment Area as set forth herein, property taxes and/ or City Taxes levied after the effective date of the approval of such amendment shall be divided for a period commencing on the date of City Council approval of such amendment and continuing for a period not-to-exceed twenty-five years in accordance with Section 31-25-107(9) of the Act and the terms of any applicable Cooperation Agreement. 8.4 Other Financing Mechanisms/ Structures The Plan is designed to provide for the use of tax increment financing as one tool to facilitate investment and reinvestment within the Area. However, in addition to tax increment financing, the Authority shall be authorized to finance implementation of the Plan by any method authorized by the Act. The Authority is committed to making a variety of strategies and mechanisms available which are financial, physical, market and organizational in nature. It is the intent of this Plan to use the tools either independently or in various combinations. Given the obstacles associated witl1 development, the Authority recognizes that it is imperative that solutions and resources be put in place which are comprehensive, flexible and creative. 9.0 Severability If any portion of tlus Plan is held to be invalid or unenforceable, such invalidity will not affect the remaining portions of the Plan. LELA D CO SULTI G GROUP (20 july 2009) 28 SECOND AMENDMENT TO THE 1-70/KIPLING CORRIDORS URBAN RENEWAL PLAN Section 8 of the 1-70/K.ipling Corridors Urban Renewal Plan ("Plan") is hereby amended to read as follows: 8.0 Project Financing 8.1 Public Investment Objective It is the intent of the Plan that the public sector will play a significant role in urban renewal efforts as a strategic partner. Typical infrastructure investments the public would anticipate making include, but are not limited to: unifying streetscape elements (but for specific modifications made on private property); improving access and circulation; improving streets and parks; providing for infrastructure improvements; completing utilities; and, creating special districts or other financing mechanisms. 8.2 Authorization The Authority may finance undertakings pursuant to this Plan by any method authorized under the Act or any other applicable law , including without limitation: issuance of notes, bonds and other obligations in an amount sufficient to finance all or part of this Plan; borrowing of funds and creation of indebtedness; advancement of reimbursement agreements; and I or utilization of the following: federal or state loans or grants; interest income; annual appropriation agreements; agreements with public or private entities; and loans, advances and grants from any other available sources. The principal, interest, costs and fees on any indebtedness are to be paid for with any lawfully available funds of the Authority. Debt may include bonds, refunding bonds, notes , interim certificates or receipts, temporary bonds, certificates of indebtedness, or any other obligation lawfully created. Exhibit B 8.3 Project Revenues 8.3.1 Tax Increment Financing The Plan contemplates that a primary method of financing projects within the Area will be through the use of property tax and City Sales Tax increments . The Authority shall be authorized to pledge all or any portion of such property tax and City Sales Tax increment revenues for financing public infrastructure that benefits the Area pursuant to one or more Cooperation Agreements. 8.3.2 Distribution ofTax Revenues As specified in any amendment to this Plan which creates a new Tax Increment Area as set forth herein , property taxes and /or City Taxes levied after the effective date of the approval of such amendment shall be divided for a period commencing on the date of City Council approval of such amendment and continuing for a period not-to-exceed twenty-five years in accordance with Section 31-25-1 07(9) of the Act and the terms of any applicable Cooperation Agreement. 8.4 Other Financing Mechanisms I Structures The Plan is designed to provide for the use of tax increment financing as one tool to facilitate investment and reinvestment within the Area. However, in addition to tax increment financing , the Authority shall be authorized to finance implementation of the Plan by any method authorized by the Act. The Authority is committed to making a variety of strategies and mechanisms available which are financial, physical, market and organizational in nature. It is the intent of this Plan to use the tools either independently or in various combinations. Given the obstacles associated with development, the Authority recognizes that it is imperative that solutions and resources be put in place which are comprehensive, flexible and creative . 8.5 Utilization of Property and Sales TIF Consistent with the foregoing provisions of this Section 8.0 regarding TIF , there is hereby adopted the utilization of property and sales tax increment for the properties described in the attached Appendix A. The properties and projects , for which a tax increment shall be utilized , along with a legal description for the properties , the date upon which the utilization of the tax increment shall take effect, and the terms of the tax increment applicable to each property, shall be as set forth in Appendix A. APPENDIX A 1. MVG Development Property a. Date TIF implemented: ________ _ b. Council Resolution: No._, Series 2014 (___,2014) c. Legal Descriptions : 10101 W. 371h Place Our Order No : ABB70393418 UGAL DESCRIPTION THAT PART OF THE NORTIIEAST ONE-QUARTER OF THE NORTIIEAST ONE-QUARTER OF 1HE NORTHEAST ONE-QUARTER OF SECilON 28 , 1UWNSH1P 3 SOUI'H, RANGE 69 WEST OF THE 6TH P.M ., DESCRIBED AS FOLLOWS: BEGINNING AT 1HE NORTHEAST CORNER OF SAID SECilON 28; THENCE SOUTHERLY , ALONG THE EAST LINE OF SAID SECTION , 230 FEET; THENCE WESTERLY, PARALLEL WITH THE NOR1H LINE OF SAID SECTION, 200 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WESTERLY, PARALLEL WITH THE NOR1H LINE OF SAID SECilON, 109.99 FEET, MORE OR LESS, 1U A POINT 20 FEET EAST OF THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 28 ; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF THE EAST ONE-HALF OF THE NORTIIEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION , 124.86 FEET, MORE OR LESS , TO A POINT 355 FEET SOUI'H OF THE NORTH LINE OF SAID SECTION 28 ; THENCE WESTERLY, PARALLEL WITH THE NORTH UNE OF SAID SECTION, 40 FEET; THENCE SOUI'HERLY, PARALLEL WITH AND 20 FEET WEST OF THE WEST LINE OF 1HE EAST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER, 75 FEET; THENCE WESTERLY , PARALLEL WI1H THE NORTH UNE OF SAID SECTION, 290.19 FEET , MORE OR LESS , TO THE EAST LINE OF LEE STREET ; THENCE NORTHERLY ALONG SAID EAST LINE, PARALLEL WITH AND 20 FEET EAST OF THE WEST LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER, 400 FEET, MORE OR LESS , TO THE SOUTH LINE OF 38TH AVENUE ; THENCE EASTERLY ALONG SAID SotJfH UNE, PARALLEL WITH AND 30 FEET SOUTH OF THE NORTH l1NE OF SAID SECTION 28 , A DISTANCE OF 440 .53 FEET, MORE OR LESS, TO A POINT 200 FEET WEST OF THE EAST LINE OF SAID SECTION; THENCE SOUI'HERLY, PARALLEL WITH THE EAST LINE OF SAID SECTION , ZOO FEET 1U THE TRUE POINT OF BEGINNING, COUNIY OF JEFFERSON , STATE OF COLORADO, EXCEPTING THEREFROM THE PORTIONS DESCRIBED IN BOOK 1579 AT PAGE 296 AND IN BOOK 1969 AT PAGE 800 AND IN BOOK 1970 AT PAGE I OF THE JEFFERSON COUNTY RECORDS . 3785 Kipling o.r Ordr:r No: ABJ70397564 lfGAL DESCRIPTINII A PARCEL OF LAND IN lHE EAST 112 OF TilE NORTIIEAST 1/4 OF 1liE NORlliEAST 114 OF TilE NORTHEAST 1/4 OF SECTIO 23 , TOWNSHIP 3 S01Jill, RANGE 69 WEST , COUNTY OF jEFFERSON. STATE OF COLORADO , DESCRIBED AS FOlLOWS: BEGINNING AT A POINT WHICH IS 30 FEET SOUlH AND 30 FEET WEST OF 1HE NORlHEAST CORNER OF SAID SECTION 2S ; THENCE Sot.JfH 100 FEET ALONG THE WEST UNE OF KIPLING STREET TO TilE TRUE POINT OF BEGINNING : THENCE SOUfH ALONG TilE WEST LINE OF KIPLING STREET A DISTANCE OF 100 FEET ; THENCE WEST AND PARALLEL TO 1HE SOUlH LINE OF WEST 3811{ A VENUE A DISTANCE OF IZSFEET ; THENCE NOR1ll AND PARALLEL TO TilE WEST llNE OF I<IPUNG STREET A DISTANCE OF 100 FEET ; THENCE EAST AND PARAllEL TO 11IE SOtml LINE OF OF WFST 38TH A VENUE , A DISTANCE OF 1 ZS FEET TO TilE TRUE POINT OF BEGINNING , EXCEPT THAT PORTION CONVEYFD TO THE DEPARTMENT OF lnGHWA YS BY DEED RECORDED AUGUST Z7 , 19691N BOOK Z12S AT PAGE 357 . COUNTY OF jEFFERSON , STATE OF COLORADO . 3795 Kipling The South 100 feet of the North 130 feet of the West 115 feet of the East 155 feet of the East half of the Northeast Quarter of the Northeast Quarter of the Northeast Quarter of Section 28, Township 3 South, Range 69 West of the 6th Prlndpal Meridian, EXCEPT that portion thereof conveyed to The aty of Wheat Ridge, Colorado by Deeds recorded November 10, 1972 in Book 2444 at Pages 376 and 3n, Council Action Form April 28 , 2014 Page 2 constraints. A draft NTMP policy was presented which included a public process and implementation plan for traffic control requests by residents. The NTMP program essentially provides a process for installing speed humps , curb extensions , signs , speed trailers and enforcement, and other traffic control measures when requested and as applicable. Based on Council feedback last fall, staff further revised the policy with the intent of adopting and implementing the program in 2014. RECOMMENDATION: Based on previous discussion and direction , staff recommends moving forward with adopting the NTMP as attached. RECOMMENDED MOTION: "I move to approve the Neighborhood Traffic Management Plan dated April 28 , 2014." Or: "I move to postpone approval of the Neighborhood Traffic Management Plan dated April 28 , 2014 for the following reason(s) " REPORT PREPARED/REVIEWED BY: Scott Brink, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Neighborhood Traffic Management Plan 2. Study Session Memorandum from April 7, 2014 .,.~A~ ""' .,.. City of :prwh atR!__dge Neighborhood Traffic Management Program (4-28-14) "Neighborhood residents working together with Public Works and Police Departments for safer, more livable, neighborhood streets." I. INTRODUCTION TO THE PROGRAM The citizens of Wheat Ridge place a high value on their quality of life. An important part of a good quality of life is a safe and livable neighborhood that accommodates residents, cyclists, motorists, and pedestrians. The Neighborhood Traffic Management Program (NTMP) represents the commitment of the City to the safety and livability of its neighborhoods by mitigating the negative impacts of vehicular traffic on residential streets. The Public Works and Police Departments are available to assist neighborhoods mitigate speeding or other traffic related concerns on streets where a problem has clearly been identified. The NTMP is limited to requests by residents adjacent to or on local street segments and is intended to mitigate problems directly associated with vehicular traffic. The program is intended to mitigate traffic on a particular street segment, not to divert traffic to adjacent or other nearby streets. This program is not intended to include traffic signs or signal modifications. However, if resolution of a specific traffic issue may be resolved by signing modifications, pavement markings, parking restrictions, improving sightlines, etc., such measures may be considered in lieu of installing traffic calming devices. Please contact the City's Public Works Department, Engineering Division at 303-235-2861 if you have questions about traffic signs or traffic signals. The following features are offered as a part of the NTMP: • Education and Enforcement -Requests can be made to the Police Department to provide neighborhood education, selective traffic enforcement, or placement of a portable speed display trailer. These services are available as resources allow. • Permanent Features-Requests can be made to the Public Works Department to install traffic control devices. Traffic control devices may include but not be limited to the following: Speed humps, traffic islands, curb bump-outs, and pavement markings. Speed humps will not be installed on streets that are Critical Emergency Response Routes (CERR). II. PROGRAM POLICIES Scope of Program and Policy This program is limited to neighborhood initiated projects for limited local street segments. Streets designated as arterial or collector streets under the City's Comprehensive Plan are not intended to be eligible for consideration under this plan. Projects may also be initiated by the NTMP Program (04-28-14) Attachment 1 City Council or considered as part of other programs or construction projects as appropriate . A similar but modified public process will be utilized to address traffic related issues and consider traffic calming devices when initiated by the City Council or as part of other infrastructure or Capital Improvement Projects. The intent of the Neighborhood Traffic Management Program is to address neighborhood initiated traffic complaints and requests. Typically after a request or complaint is made , City staff (including the Public Works and Police Departments) will investigate and provide an assessment or recommendation. Essentially, it is important that a problem is clearly identified before a mitigation measure is pursued. Such mitigation measures may include increased police enforcement , neighborhood education , addressing on street parking, or other eventual measures such as traffic calming devices. In reviewing a particular traffic issue , staff will generally follow accepted industry safety standards and professional practices as established and recognized by national , state, and local agencies . As a result , specific traffic calming devices may not be recommended by staff in certain situations. Howe ver, residents do have the option of pursuing specific traffic calming devices or other measures in accordance with a public process procedure as outlined further below. Traffic calming projects are intended to mitigate problems directly associated with vehicular traffic. Program projects are not intended to include lengths of sidewalk or other neighborhood infrastructure requests not directly associated with the mitigation of traffic problems and /or traffic mitigation treatments directly. III. NTMP PROCESS AND PROCEDURE Under the Neighborhood Traffic Management Program (NTMP), residents on certain neighborhood (local) streets are provided the opportunity to request the City to review and address traffic related problems and issues , including requesting traffic calming devices. All local streets shall be considered and prioritized based on several factors including; the order received , accident history, traffic volumes , documented safety issues , available resources , and the final discretion of the City Council. Step 1 Bring Traffic Issue to the City's Attention and/or File a Request: Any resident can contact the City and express a traffic related concern or request. Staff will investigate the request accordingly. In many cases , specific traffic issues may be resolved by increased police enforcement, removal of sightline restrictions such as trees or shrubs that obscure visibility, addressing parking violations or other enforcement issues , or by improving or replacing signs. Other options that may be pursued are as follows: Education and Enforcement: All applications for the NTMP program are eligible for consideration and action by the Police Department, including neighborhood education, selective traffic enforcement, or placement of a portable speed display trailer. N TMP Program (04 -28-14) 2 Neighborhood Education The Police Department can meet with a neighborhood upon request and provide information on the 3 A's (Awareness , Assistance, and Action) when dealing with local traffic and speeding problems. Often times, citizens may sometimes forget to watch their speed in their own neighborhood. Information regarding local transit , ride share and carpooling services may also be made available at this session. A neighborhood's livability often enhances when other transportation options are available and encouraged. Selective Traffic Enforcement Traffic enforcement, particularly for situations in which a specific repeat offender or other specific traffic problems are present is often available for residential streets. However, because of competition for Police resources across the City, general traffic enforcement for low volume residential streets is limited. Speed Display Trailer A portable speed trailer that displays drivers' speed to heighten speed awareness can be temporarily deployed to neighborhood streets as availability allows . Filing a Request for Installing Traffic Calming Devices If residents wish to pursue the installation of traffic calming devices such as speed humps , traffic islands, or other measures, a public process shall be followed to insure that a problem as been clearly identified, that the neighborhood as a whole wishes to have the devices installed , and that the identified problem or issue is addressed accordingly. Traffic calming devices that meet placement criteria may be eligible for consideration and installation. In addition, residential collector streets as designated in the Comprehensive Plan may be eligible for installation of radar feedback signs which heightens awareness of actual traveled speed vs. the speed limit. To file a request for consideration in the City NTMP Program , a minimum of five (5) City residents from a single street (must be from separate households) must submit a signed written request letter to: City of Wheat Ridge Engineering Division Public Works Department Attn: NTMP Program 7500 West 29th Ave Wheat Ridge, CO 80033 To be considered, a request must include the following basic information: a. The name, address , and phone of each requesting resident. b. Identify the resident who will be considered Point of Contact (POC) for the NTMP. c. Description of request location and/ or street segment of concern d. Nature of concern. NTMP Program (04-28-14) 3 Step 2 City Review of Request: Upon receiving a qualifying written request, staff will evaluate the request and perform an initial field investigation as follows: a. The street segment of concern will be observed, analyzed , and evaluated per standard engineering criteria. In addition, the evaluation will also include a review of available accident history and safety data , as well as input from the Police Department b. Staff will define the official limits of the street segment that will be eligible for the NTMP under the original request. The limits of a NTMP segment will generally fall within the limits of a block which is normally defined as the length of the street between two intersecting streets. The total number of households (properties) along the selected segment will be identified. c. If the street segment is determined to be eligible for the installation of traffic calming devices , staff will identify possible or appropriate devices. Staff will prepare a written cost estimate for the requested speed reduction feature , including the material cost and installation cost. Available resources will also influence the City 's ability to install traffic control devices in a timely manner. Staff will also propose an appropriate location for each feature based on engineering review and feedback received. d. Staff shall schedule a neighborhood meeting date following completion of the review process. Property owners bordering the affected street shall be notified of the meeting at least 10 days in advance. Step 3 Neighborhood Meeting: The neighborhood meeting is intended to be the first opportunity for open discussion regarding neighborhood concerns on traffic and speeding, including identification of a problem , and an appropriate solution. Staff from the Public Works and Police Departments will attend the meeting with the following format generally presented: a. Staff will listen to neighborhood concerns and provide interactive feedback. b. If appropriate, the Police Department will make a presentation of the 3 A's of traffic control (Awareness, Assistance, and Action). The presentation will include basic education on traffic calming principles and application of neighborhood solutions. Police Department Staff will present proposed methods for Traffic Enforcement and/ or application of a portable speed trailer in the neighborhood. c. Staff will explain the limits of the NTMP street segment and number of households/ properties along this segment as identified in Step 2. NTMP Program (04 -28-14) 4 d. Staff will also discuss the permanent features available under the NTMP , and explain the aspects of each as they are applied in a residential setting. e. Staff will provide a petition form at the meeting, which requires endorsement of 80% of the property owners along the NTMP street segment to qualify for the installation of any Permanent Features. Step 4 Police Department Action: If it is determined that Police Traffic Enforcement and/ or application of a portable speed trailer is desired and warranted, the Police Department will begin a selective program of traffic enforcement on or near the affected NTMP Segment. Step 5 Petition Process: To be considered for a permanent feature (traffic calming device), property owners along the NTMP segment must complete the following process: A valid petition form (as provided at the Public Meeting or by staff) shall be submitted by the appropriate neighborhood representative or point of contact. The petition form supplied by the City requires supporting signatures from a minimum of 80% of property owners along the identified NTMP segment. The petition form shall include a description of the requested feature and its proposed location. It shall be required that each property owner immediately adjacent to the proposed Permanent Feature provide a supporting signature on the petition form. Requests for pennanent features will be considered for construction once a valid petition and is received by the Public Works Department. In addition , engineering staff will complete a feasibility assessment to assure that the proposed construction is feasible. Complete requests for permanent features in any given NTMP year shall be taken on a first-come , first-served basis, and as funds are available. Should a project be validated after NTMP funds are exhausted in any given year, they shall be rolled over to the next NTMP project year, and will be prioritized based on the order received, available funds , safety considerations , and any other factors and considerations as determined appropriate by the City Council or staff. STEP6 City Council Approval A proposed project must be formally approved by the City Council before proceeding ahead with construction. If a petition is in order, clear direction and consensus of the neighborhood is provided , and staff has detennined that the project is feasible , staff will schedule for City Council consideration at the next available City Council meeting as scheduling allows. STEP7 If the City Council approves a project, staff will proceed with a bid or quote procurement process NTMP Prog ram (04-28-14) 5 and begin scheduling for construction. The intent will be to construct or install the approved traffic calming improvement as soon as reasonably possible. However, the timing and construction will be administered and balanced against other on-going or previously approved projects, available resources, or seasonal restrictions. Construction may not commence until other projects are completed or when a contractor and resources become available. General Program Policies 1. Unintended traffic diversion as a result of an NTMP project from one street to another, or simply shifting a traffic issue to an adjacent or nearby local street is not acceptable. 2. Unintended diversion is defined as an increase of 10% or more of a street's traffic volume or 100 vehicles -whichever is higher. 3. The City reserves the right to either remove or modify any traffic calming treatments/projects in cases when an unacceptable level of unintended diversion is created or if some other unforeseen problem or safety condition is created. 4. All traffic control devices and traffic calming measures are carefully and deliberately placed by the City based on the following: Safety, research , traffic volumes , standards and warrants as established nationally and locally, field studies, and other location specific considerations and details. Other factors such as drainage considerations, public utilities, adjacent private driveways, etc. may also affect the specific location of devices. Requests that deviate from established Local, State and National practices for safety and effectiveness are not considered acceptable. The Public Works Department may be contacted at 303-235-2861 for further information. 5. In some instances, it may be possible to consider a temporary or "pilot" project in lieu of an immediate pennanent improvement. This could involve the use of temporary measures to evaluate whether or not permanent improvements are acceptable and /or desired by the neighborhood. Whether a pilot project is appropriate or not would depend on the nature of the request, the result of the public process discussion, and available resources. IV. ENGINEERING CRITERIA Speed Humps: The following criteria shall be applied by the Public Works Department when considering eligibility for placement of Speed Humps a. Street Classification. Speed Humps will only be installed on streets identified as local or neighborhood residential streets as identified in the City's Comprehensive Plan. b. Spacing. A maximum of one speed hump shall be used in a block with humps no closer together than 700 feet. c. Location. In order to eliminate situations such as a speed hump near a drainage pan, driveway entrance, or other feature, a final determination on location shall be made by the Public Works Department. d. Grade. Speed humps will be installed only on streets with grades of 8% or less. NTMP Program (04-28-14) 6 e. Horizontal and Vertical Alignment. Speed humps will not be installed on horizontal curves with a centerline radius of less than 200 feet or on vertical curves with less than minimum stopping sight distance. f. Special Vehicle Restrictions. Speed hump requests will be referred to RTD on any local street that has an RTD bus route on it. Any local street that has more than 5% long wheel based vehicles will be reviewed by the City to determine if a speed hump shall be allowed on a street. Speed humps will not be installed on any street that is a Critical Emergency Response Route (CERR). The City will refer all requests to the local Fire Department for their review of emergency vehicle routes. g. Design. The design of speed humps to be installed within the City is shown on Attachment A. h. Resurfacing Streets. When a speed hump is approved on any street that is scheduled to be resurfaced within two years, installation of the speed hump will be delayed until resurfacing is completed. Speed Radar Boards: The following criteria shall be applied by the Public Works and Police Departments when considering eligibility for placement of Speed Radar Boards. Speed radar boards shall be considered for installation only on streets designated as collector or arterial under the City's Comprehensive Plan. a. Visibility. At the appropriate and recommended location for Speed Radar Board(s), there shall be sufficient unobstructed visibility to oncoming traffic. b. Spacing. A maximum of two Speed Radar Boards shall be used in any NTMP segment. c. Placement. At the appropriate and recommended location for Speed Radar Board(s), there shall be an adequate mounting surface and sufficient exposure to the sky for proper function with the attached solar panels. V. PERMANENT FEATURE REMOVAL Should the property owners on a street desire to have a permanent feature removed, a petition and approval procedure shall be followed identical to the request and installation procedures previously described. However, unanimous approval is not required for properties immediately adjacent to the permanent feature. Attachments: STREET CLASSIFICATION MAP NTMP Program (04-28-14) 7 '* • ~ . City of ~Wlieat:R!_dge ~PUBLIC WORKS TO: FROM: DATE: SUBJECT: ISSUE: Memorandum Patrick Goff, City Manager ~ Scott Brink, Director of Public Works March 3, 2014 (for Study Session on April7, 2014) Neighborhood Traffic Management Program ;J+&rn 3 On October 7 2013 the City Council discussed a proposed Neighborhood Traffic Management Program (NTMP), including possible concepts for entryway/monument signing based on previous Council discussions. The NTMP was essentially discontinued several years ago as a result of resource constraints. Council expressed a strong interest in resurrecting the program at the Study Session on October 7. A draft NTMP policy was pre ented which included a public process and implementation plan for traffic control requests by residents. The NTMP program essentially provides a process for installing speed humps, curb extensions signs, speed trailers and enforcement, and other traffic control measures when requested and as applicable. Based on Council feedback, staff has further revised the policy and is seeking Council concurrence to begin implementation of the program in 2014. Per previous Council feedback and direction at Study Sessions held on May 20 and August 5, 2013 staff presented concepts and options for entryway and monument signing at the October 7 meeting. Staff provided a map showing several potential sign locations throughout the City per previous discussions. Based on the estimated construction cost of a monument sign ($15 000 - $20,000), staff felt that the ·needs identified would far exceed the budgeted amount of 1 00 000, which also includes traffic calming devices under the NTMP. As a result, Council generally expressed interest in the entryway signs only when used as a traffic calming device through the public process under the NTMP , and not as a separate program. A copy of the memo presented to Council on October 7 is attached (with exhibits) and provides further background and history regarding monument and entryway signs. Design concept standards have been developed in the event monument signs are to be installed under the NTMP. Neighborhood Traffic Management P.lan (NTMPl As a result of feedback received from Council on October 7, staff has further refined the draft NTMP. The purpose of the plan is to provide a process to address citizen complaints and issues regarding neighborhood traffic. The intent is to provide a procedure that not only provides responsiveness, but also provides an open public process to insure that problems are clearly identified, that the correct mechanism or traffic calming measure is pursued, and that there is public participation and neighborhood buy-in on any traffic calming measure proposed for construction. In the 2014 budget, $100,000 has been earmarked for the construction and implementation of traffic calming devices. These devices may include the foJlowing: speed humps, center traffic islands. Attachment 2 Neighborhood Traffic Management Program (NTMP) April 7, 2014 Page2 raised cross-waJks, curb extensions, and possibly others. Main highlights of the NTMP are as follows: A. Education and enforcement -Requests can be made to the Police Department to provide neighborhood education, selective traffic enforcement, or placement of a portable speed display trailer. These services are available as resources allow. B. Permanent features -Requests can be made to the Public Works Department to install traffic control devices or radar feedback signs. Traffic control devices may include but not be limited to the following: speed humps, traffic islands, curb bump-outs, and pavement markings. A request procedure and public process is provided as part of the implementation of traffic control devices. RECOMMENDATIONS: Based on previous discussion and direction , staff proposes moving forward with implementation of the Neighborhood Traffic Management Program after addressing any additional questions or comments from Co unci] regarding the NTMP. ATTACHMENTS: I. Memorandum and attachments from the October 7 Study Session a) Existing, Future Gateway and Proposed Minor Entryway Monument Map b) Neighborhood Entry Monument Map c) Reported Cut-Through Traffic Problem Map d) Cost Estimate for Neighborhood Monument Sign, Traffic Calming Island e) Cost Estimate for Minor Entryway Pillar Monument 2. Neighborhood Traffic Management Program (NTMP) Council Action Form April28 ,2014 Page 2 discussions with the Colorado Department ofTransportation (CDOT), reevaluation of the past EA would include, but not be limited to, an up-to-date traffic analysis that considers the size and timing (phasing) of anticipated development activities. The consulting firm of Parsons Brinckerhoff (PB) is very familiar with the Clear Creek Crossing site, including traffic , environmental , and other technical issues that were addressed in the previous EA. They are also very familiar with the reevaluation process , having successfully completed similar reevaluations recently for other clients and projects in Colorado. PB has provided a scope of work and estimated fee amount for the City to consider (Attachment 2). PRIOR ACTION: None BACKGROUND: An EA process was conducted in 2006 and 2007 , culminating in the issuance of a FONSI (Finding ofNo Significant Impact) by CDOT and the Federal Highway Administration (FHWA). The findings required a significant amount of costly infrastructure to be constructed to provide access to the proposed developed site. The entire amount of the infrastructure identified in the EA was also required to be fully constructed before any certificate of occupancy could be issued by the City allowing commercial development at the proposed site to open for business. RECOMMENDATIONS: Because of critical timing in relation to current interest in the Clear Creek Crossing site, retaining a consultant to immediately perform professional services is needed and highly advised. Because of Parsons Brinckerhoff's familiarity and background knowledge of the site, their knowledge and past successes with EA reevaluations , and familiarity with CDOT and FHW A procedures , staff feels they are best suited to provide the services needed to successfully and immediately move the site development process forward . Staff therefore recommends appropriating funds accordingly and authorizing the award of a professional services contract to Parsons Brinckerhoff. RECOMMENDED MOTION: "I move to approve Resolution No . 27-2014 , a resolution amending the fiscal year 2014 Capital Improvement Program budget reflecting the approval of a supplemental budget approptiation in the amount of $76 ,074.83 for the Clear Creek Crossing environmental assessment reevaluation and awarding a contract to Parsons Brinckerhoff." Or: "I move to postpone indefinitely Resolution No. 27-2014 , a resolution amending the fiscal year 2014 Capital Improvement Program budget reflecting the approval of a supplemental budget appropriation in the amount of$76,074.83 for the Clear Creek Crossing environmental assessment reevaluation and awarding a contract to Parsons Brinckerhoff for the following reason(s) " Council Action Form April 28, 2014 Page 3 REPORT PREPARED/REVIEWED BY: Scott Brink , Director of Public Works Patrick Goff, City Manager ATTACHMENTS: I. Resolution No. 27-2014 2. Parsons Brinckerhoff Scope of Work 3. Clear Creek Crossing Basemap CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 27 Series of 2014 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2014 CAPITAL IMPROVEMENT PROGRAM BUDGET REFLECTING THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $76,074.83 FOR THE CLEAR CREEK CROSSING ENVIRONMENTAL ASSESSMENT REEVALUATION AND AWARDING A CONTRACTTOPARSONSBRINCKERHOFF WHEREAS, the City Council has identified the area west of 1-70 and north of 32nd Avenue, identified as Clear Creek Crossing as a priority area for economic development; and WHEREAS, an Environmental Assessment (EA) conducted in 2007 identified various infrastructure improvements in the Clear Creek Crossing area needed based on projected traffic levels; and WHEREAS, said EA requires a reevaluation, including an updated traffic study based on recent discussions with the Colorado Department of Transportation (COOT) and the Federal Highway Administration (FHWA); and WHEREAS, said reevaluation and traffic study requires a supplemental budget appropriation and the retaining of professional services; and WHEREAS, the firm of Parsons Brinckerhoff is best qualified to provide said services and has provided a proposal in the amount of $76,074.83. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1 . Effectiveness. This Resolution shall take effect immediately. Section 2. The City Council authorizes the transfer of $76,074.83 from the General Fund undesignated reserves to account number 30-303- 800-841 and the amendment of the 2014 Fiscal year revenues accordingly. Section 3. The Clear Creek Crossing Environmental Assessment re- evaluation is awarded to Parsons Brinckerhoff in an amount not-to- exceed $76,07 4.83. Attachment 1 DONE AND RESOLVED this __ day of _____ , 2014. Joyce Jay, Mayor ATIEST: Janelle Shaver, City Clerk RES O 001 2 Background Traffic Analysis Technical Report Clear Creek Crossing Development Scope of Work This scope of work to be performed by Parsons Brinckerhoff is to conduct a detailed traffic analysis for the proposed Clear Creek Crossing development, prepare for and participate in one public meeting and support the City of Wheat Ridge (City) coordination with the developer, Colorado Department of Transportation (CDOT) and the Federal Highway Administration (FHWA). Proposed Project The proposed project includes the commercial development of 147 acres located north of 32"d Avenue, south of SH 58, west of 1-70, and east of Applewood Golf Course . The development of this site is planned to occur in three phases (Phases 1, 2, and 3), resulting in between 800,000 to 900,000 square feet of retail or commercial development. A potential fourth phase of development on this site would be located on 68 acres north of Clear Creek. The conclusions of the traffic analysis and public meeting will determine the level of environmental analysis necessary for the Phase 1 re-evaluation of the l-70/32"d Avenue Environmental Assessment, which was completed in 2007. This contract will be amended to incorporate any required environmental resource analyses subsequent to completing the traffic analysis and conducting a public meeting. All future phases of development will require a separate and distinct re-evaluation, specific to the proposed phase. Elements of this effort include: Task 1.0 Project Management Parsons Brinckerhoff shall manage the administrative activities associated with the project. Assisting the City of Wheat Ridge with the establishment of project schedules and channels of communication will be detailed in the Project Management Plan. Communications associated with the administration of this project will be directly channeled through the project manager for distribution to the project team as appropriate. This scope assumes a three month project schedule. The project manager will review and approve monthly invoices and progress reports. Oeliverables: Project Management Plan (1) Invoices and Progress Reports (3) -----------------------------------Pagel Task 2.0 Project Meetings Parsons Brinckerhoff will attend up to three {3) meetings to report progress, verify that the project is proceeding in compliance with the scope of services, determine necessary adjustments to the project work plan and schedule, plan upcoming events and discuss and resolve project technical issues. A re - evaluation scoping meeting to determine the appropriate level of environmental analysis will be conducted after the traffic analysis and public meeting are completed . Parsons Brinckerhoff will prepare minutes of each meeting and circulate to meeting attendees. This scope assumes one review of draft meeting minutes by Wheat Ridge, COOT, and FHWA, as appropriate. Deliverables: Agency Meeting Minutes {3) Scoping Meeting Minutes {1) Task 3.0 Traffic Analysis Parsons Brinckerhoff will prepare a traffic study for the study area following the guidance provided in COOT's State Highway Access Code. The study will include the following tasks . 3.1 Methods and Assumptions-Parsons Brinckerhoff will prepare a Methods and Assumptions Technical Memorandum that documents how the study will be conducted, including what software will be used, which intersections will be analyzed and what time periods will be considered. All study assumptions will also be clearly identified. This document will be reviewed by City, COOT and FHWA . All comments will be incorporated and the final document will act as a blueprint for both conducting the study and reviewing the draft report. 3.2 Data Collection-Parsons Brinckerhoff will document existing condit ions, including AM and PM peak hour turning movement counts, intersection laneage, intersection traffic control features and speed limits at the following intersections: 1. 32"d and Eldridge 2. 32"d and Alkire 3. 32"d and Zinnia 4. 32"d and 1 -70 westbound off and on ramps 5. 32"d and Youngfield 6. 32"d and Xenon 7. Youngfield and 1-70 eastbound off ramp 8. Youngfield and Applewood 9. Youngfield and 38th 10. Youngfield and 40th 11. Youngfield and 44th 12. 44th and Ward 13 . 44th and 1-70 eastbound off and on ramps Page 2 14 . Mcintyre and SH -58 westbound off and on ramps 15. Mcintyre and SH -58 eastbound off and on ramps 3.3 Trip Generation and Distribution-Parsons Brinckerhoff will calculate the trip generation for each phase of the proposed development using the Trip Generation Manual, 8th Edition, Institute of Transportation Engineers . The land use basis (type of use and size in square footage) for the analysis will be provided by the City of Wheat Ridge . The assumptions from the original traffic analysis study for the l-70/32nd Avenue Interchange Environmental Assessment will be used for trip distribution. This will help ensure a comparable comparison between the previous work and this study. 3.4 Traffic Assignments and Analysis-Parsons Brinckerhoff will analyze the 15 intersections listed in Subtask 4.2 for each one of the following scenarios: • Existing Traffic and Existing Network • Existing Traffic with Phase 1 Site Traffic and Existing Network • 2035 Background with Phase 1 Site Traffic and Existing Network • 2035 Background with Build-out Site Traffic and Proposed Improvements SYNCHRO and SIMTRAFFIC software will be used for the analysis. 3.5 Improvement Phasing Analysis-Based on the results of Subtask 4.4, Parsons Brinckerhoff will conduct a sensitivity analysis to determine when the 1 -70 ramp modifications and the SH -58 interchange will be needed to accommodate background traffic and various levels of site development through build-out conditions. 3.6 Documentation-Parsons Brinckerhoff will document the results of the study in a Traffic Analysis Technical Report. A preliminary draft report will be provided for City review. A draft report will then prepared that responds to the comments received and submitted to COOT and FHWA for review . Once their comments are received, the report will be finalized . Parsons Brinckerhoff will complete OA/QC reviews on any project deliverables. Deliverables: Methods and Assumptions Technical Memorandum Preliminary Draft Traffic Analysis Technical Report Draft Traffic Analys is Technical Report Final Traffic Analysis Technical Report (20 copies) Task 4.0 Public Involvement Prepare for and attend one (1) public meeting. This will include preparing up to ten (10) display boards, creating the meeting notification, and preparing a power point presentation. Public comments will be collected at the meeting and summarized in a memorandum. This scope assumes one review of the draft meeting materials by Wheat Ridge . This task assumes no individual outreach to residents or business owners. -----------------------------------Page3 Deliverables: Display Boards (10) Meeting Notification Flyer (does not include copies or mailing) Power Point Presentation Not included in the scope: Stakeholder mailing list or any type of public notification. ---------------------------------Page4 140428 Attach Cleer Creek Scope 4it.xlsx Clear Creek Development Traffic Analysis Technical Report Parsons Brinckerhoff labor $ 61,044.49 Parsons Brinckerhoff Fee $ 7,325.34 Directs Cost Amount Total Mileage $ 0.56 150 $ 84.00 Public Involvement Rental space $ 200.00 1 $ 200 .00 Boards $ 90.00 10 $ 900.00 Copies Black/white $ 0.15 100 $ 15.00 Color $ 0.30 20 $ 6.00 Traffic Counts $ 400.00 15 $ 6,000.00 Misc. $500 Directs Total $ 7,705.00 TOTAL PROJECT COST $ 76,074.83 Clear Creek Development Traffic Analysis Technical Report Jim Kara Drew Jane I Paulmeno Swanson Lee Kellar Will Johnson Stewart Michael Sobol Gustafson Total Project Project Traffic Traffic QA/QC Traffic Traffic /Env/ PI Project Admin I Project Role Manager Coordinator Support I Task 1. Project Management 1.1 Project Management Plan 2 4 0 0 0 0 0 6 1.2 Invoicing and Progress Reports (3) 8 12 0 0 0 0 3 23 1.3 Project Coordination 8 8 0 0 0 0 0 16 Subtotal Hours 18 24 0 0 0 0 3 45 Task 2. Project Meetings I 2.1 Scoping Meeting (post-traffic analysis) 4 4 0 0 0 4 0 12 2.1 Internal PB Kick-off (1) 1 1 1 1 1 1 0 6' 2.3 Agency Meetings (CDOT, FHWA) (3)/Resource Co 12 9 8 0 0 0 0 29 Subtotal 17 14 9 1 1 5 0 47 Subtotal Cost $ 2,562 $ 1,597 $ 1,040 $ 145 $ 69 $ 371 $ -$5,784.31 Task 3. Traffic Analysis 3.1 Methods and Assumptions 0 0 16 0 0 8 0 24 3.2 Data Collection 0 0 16 0 24 0 0 40 3.3 Trip Generation and Distribution 0 0 16 0 16 0 0 32 3.4 Traffic Assignments and Analysis 0 0 24 16 40 0 0 80 3.5 Improvement Phasing Analysis 0 0 24 0 40 0 0 64 3.6 Documentation 0 0 64 8 0 92 0 164 Subtotal 0 0 160 24 120 100 0 404 Task 4. Public Involvement (1 meeting) 4.1 Preparation of display boards (10) 2 2 0 0 0 20 0 24 4.2 Coordination for public meeting 16 16 10 0 0 15 0 57 4.3 Conducting public meeting and public comment 5 7 5 0 0 15 0 32 Subtotal 23 25 15 0 0 so 0 113 Total Hours 58 63 184 25 121 155 3 609 Direct Hourly Rate $57.89 $43.82 $44.41 $55 .72 $26 .65 $28.50 $42.24 Burdened Labor $8,739.88 $7,186.00 $21,270.26 $3,625.98 $8,393 .76 $11,498.75 $329.85 $ 61,044.49 Total (Burdened Labor+ Fee) $9,788.67 $8,048.32 $23,822.69 $4,061.10 $9,401.02 $12,878.60 $369.43 $ 68,369.83 ----------- Council Action Form April 28 , 2014 Page2 In April 2014 , seven bids were received. All bids met the initial bid requirements. The apparent low bidder was JPK Micro Supply in the total amount of$38 ,000. JPK Micro Supply, Inc. is an exact match to the specification . Award is based on the lowest most responsive and responsible bid. RECOMMENDATIONS: Staff has evaluated the bids and recommends purchasing 50 computers in 2014 , maintaining the five-year rotation basis , from JPK Micro Supply, Inc. in the total amount of $38 ,000. This will improve the availability, speed , features and reliability of the City's desktop deployment. This is part of the upgrade, replacement and standardization of the City's computer network. RECOMMENDED MOTION: "I move to award RFB-14-14-2014 Annual Computer Requirements to JPK Micro Supply, Inc . in the total amount of $38 ,000 for the replacement of 50 computers." Or, "I move to deny award of RFB-14-14 -2014 Aru1ual Computer Requirements to JPK Micro Supply, Inc. for the replacement of 50 computers for the following reason(s) _____ _ REPORT PREPARED/REVIEWED BY: Michael Steinke, IT Manager Jennifer Nellis, Purchasing Agent Patrick Goff, City Manager ATTACHMENTS: 1. Bid Tabulation Sheet Council Action Form April 28 , 2014 Page2 RECOMMENDED MOTION: "I move to approve the revised Council Rules of Order and Procedure dated April 28 , 2014." REPORT PREPARED BY; Gerald Dahl , City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Draft Rules dated April 28, 2014 "~j~ ~ ~ityof \VheatR!ege RULES OF ORDER AND PROCEDURE CITY COUNCIL WHEAT RIDGE, COLORADO Adopted: April 28, 2014 Amended: ____ _ Attachment 1 TABLE OF CONTENTS I. AUTHORITY II. CITIZENS' RIGHTS III. CHAIR, MAYOR PROTEM AND THEIR DUTIES CHAIR ........................................................................................................... . MAYOR PRO TEM ........................................................................................... .. CITY CLERK ................................................................................................... . CITY ATTORNEY ............................................................................................. . PARLIAMENTARIAN AND RULES OF ORDER ....................................................... .. IV. COUNCIL MEETINGS AND MEETING PROCEDURES TYPES OF MEETINGS ..................................................................................... .. STUDY SESSIONS .......................................................................................... .. ADJOURNED MEETINGS ................................................................................... . EXECUTIVE SESSIONS ................................................................................... .. MEETING NOTICES AND REQUIREMENTS .......................................................... .. ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL GATHERINGS ................................................................................................. . ABSENCES ..................................................................................................... . RIGHT OF THE FLOOR ..................................................................................... . ELECTED OFFICIALS MATTERS ......................................................................... . V. ORDER OF BUSINESS AND THE AGENDA ORDER OF BUSINESS ...................................................................................... . AGENDA: PREPARATION AND INITIATION OF AGENDA ITEMS .............................. . INITIATING AND ADDING AGENDA ITEMS ........................................................ .. PUBLIC HEARINGS .......................................................................................... . ORDINANCES ON FIRST READING .................................................................... . TIME OF ADJOURNMENT .................................................................................. . VI. RECONSIDERATION VII. SUSPENSION AND AMENDMENT OF THESE RULES SUSPENSION ................................................................................................. . AMENDMENT .................................................................................................. . REVIEW ......................................................................................................... . 2 RULES OF ORDER AND PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE COLORADO I. AUTHORITY: Sections 4. 7 and 5.1 of the Home Rule Charter of the City of Wheat Ridge authorize the City Council to determine its own rules of procedure for meetings. The following rules shall be in effect upon their adoption by the Council until such time as they are amended or new rules adopted in the manner provided by these rules. II. CITIZEN'S RIGHTS A. CITIZENS' RIGHTS: 1. Any person may speak only once per meeting for a maximum of three (3) minutes on any item other than Agenda items. 2. Persons desiring to speak on an Agenda item are requested to sign the appropriate roster in Council Chambers. Speakers shall confine their remarks to the relative item. There shall be no time limit applied to Citizens' Comments on any scheduled Agenda item unless deemed appropriate by the Chair. 3. There shall be no restriction on the number of citizens who wish to speak. 4. The content of any speaker's comments cannot be censored. 5. Persons in attendance shall be allowed to donate time to other speakers to a maximum of nine (9) minutes, including the three (3) minutes the original speaker has. 6. The Chair will entertain no written comments from the public unless a member of the public representing the author is present to read them into the record. A Council Member may read written comments into the record with the approval of the majority of the Council present . 7. Council has the choice whether or not to respond to citizens after the closure of the Citizen Comment portion of the meeting. 3 8. All written communications to Council must be signed. If not signed, the written communications may not be accepted. III. CHAIR, MAYOR PROTEM, CITY CLERK, CITY ATTORNEY; PARLIAMENTARIAN AND THEIR DUTIES AT MEETINGS A. CHAIR: 1. The Mayor shall preside over the meetings of the Council. 2. In the absence of the Mayor, the Mayor Pro Tern shall preside. 3. The Chair shall preserve order and decorum, prevent personal attacks or the impugning of members motives, confine members in debate to questions under discussion, be responsible for conducting meetings in an orderly manner, assure that the minority opinion may be expressed and that the majority be allowed to rule. B. MAYOR PROTEM: 1. At the first or second Regular meeting in November of each year, the Council shall nominate, by secret paper ballot, and elect by motion upon a majority vote, a Mayor Pro Tern who shall serve until their successor is elected. The procedure shall be as follows: • The presiding officer will announce that the floor is open for nominations for the position of Mayor ProTem. • Nominations will be taken from City Council members by voice. No second is needed. • Each nominee will have the opportunity to address the Council. • Each Council member will mark the paper ballot with the name of the nominee they wish to vote for and fold the paper in half to ensure secrecy. • The City Clerk will collect the ballots, tally the results, and return the written name of the majority vote receiver to the presiding officer, who will announce the highest vote getter. • In the event of a tie, the Mayor will cast a paper ballot, to be delivered to the City Clerk for inclusion into the election tally. • A motion and second is then in order to elect, the highest vote getter to the position of Mayor Pro Tem. The Council is encouraged to confirm the nomination unanimously; however, 4 Council Members are not required to vote for this person. If the motion is not carried, additional motions are in order until a Mayor Pro Tern is elected by a majority of Council. 2. If presiding, the Mayor Pro Tern shall have the voting privileges of a regular Council Member. 3. The Mayor Pro Tern's duties shall include reviewing and setting the Agenda prior to Council Meetings and adding emergency items for discussion if necessary. The Mayor Pro Tern shall have the authority to remove any item from the Agenda of any Regular Meeting or Study Session with the exception of: (a) an item placed on the Agenda by two (2) Council Members prior to the meeting pursuant to Rule IV.D.l; or (b) an item added by the Council by majority vote during any meeting pursuant to RuleiV.D.l. 4. The Mayor Pro Tern shall arrange for and coordinate the orientation of all newly elected officials within two months after the election. C. CITY CLERK: The City Clerk, or designated representative, shall attend all meetings of Council and shall keep the official minutes. D. CITY ATTORNEY: The City Attorney, or acting City Attorney, shall attend all meetings of the Council unless excused by the City Council and shall, upon request, give an opinion, either written or oral, on the question of law. E. PARLIAMENTARIAN AND RULES OF ORDER: 1. The Mayor Pro Tern shall also function as the Council Parliamentarian, and may call upon the City Attorney for a recommendation on procedure if desired. 2. The Parliamentarian shall advise the Chair and members of Council on parliamentary rules. 3. The rules contained in the current edition of Robert's Rules of Order newly revised, shall advise the Parliamentarian regarding questions of order and procedure in all cases to which they are applicable and in which they are not inconsistent with these Rules, the Wheat Ridge Home Rule Charter, the Wheat Ridge Code of Laws or other laws governing the City. 4. In cases where the Rules contained in the current edition of Robert's rules of Order newly revised are inconsistent with these Rules, these Rules control. 5 5. The Mayor (or the Mayor Pro Tem, if presiding), shall be the final authority on all points of order procedure, subject to override upon a three-fourths majority vote of the entire Council. IV. COUNCIL MEETINGS AND MEETING PROCEDURES A. TYPES OF MEETINGS: 1. The Council meets in the Municipal Building for Regular, Adjourned, and Special Meetings and Study Sessions. 2. Regular Meetings are held the second (2nd) and fourth (4th) Monday of each month at 7:00PM unless otherwise provided by amendment of these Rules. 3. Study Sessions are the first (1st) and third (3rd) Monday of each month at 6:30 P.M., unless otherwise otherwise provided by amendment of these Rules. B. STUDY SESSIONS: 1. Study Sessions shall be for the purpose of discussion of concepts and ideas. No formal business shall be conducted. Consensus votes during all Study Sessions are non-binding, with exception of consensus votes to schedule or decline to schedule a matter for consideration at a Regular or Special Meeting, which may however be reconsidered after six (6) months as permitted by Rule IV.D.3. Unless an issue is disposed of at a Regular, Adjourned, or Special Meeting, it may be amended or reconsidered in that or any future Study Session. 2. Public Comment will be allowed at the beginning of a Study Session for only those items on the agenda and each speaker is limited to a maximum of three (3) minutes. C. ADJOURNED MEETINGS: Any Meeting of the Council may be adjourned to a later date and time, provided that no adjournment shall be for a period longer than the next Regular Meeting. D. EXECUTIVE SESSIONS: 1. The Council may meet in Executive Session on a vote of a majority of City Council in a Regular or Special meeting (Charter-Sec 5. 7). 2. No notes may be taken during an Executive Session except by the City Clerk and/or City Attorney. 6 3. If at any time during the session, a Council Member feels that a matter is being discussed other than that stated, that member should so state and may request that the session be terminated. Upon consensus vote of Council Members present, the session shall be terminated. E. MEETING NOTICES AND REQUIREMENTS: 1. Five (5) or more Council Members may attend informal meetings held for the purpose of acquiring information and discussion topics provided that public notice of the meeting is posted in the location establishing for posting of all Wheat Ridge meetings at least 72 hours prior to the meeting, listing the topic of the meeting, its location, time, and date. The location of this posting shall be the bulletin board outside the City Court room in City Hall. a) Copies of the notice shall be given to all City Council Members and the City Clerk at least 72 hours before the meeting. b) The City Clerk is responsible for the posting of the meeting. 2. Any three or four Council Members may attend informal meetings held for the purpose of acquiring information and discussing topics. Such meetings must be open to the public, but no notice is required unless formal actions will be taken. 3. Meetings involving no more than two Council Members, whether in person or by telephone, whether or not the Mayor also attends, shall not be subject to any of the requirements of this Rule. 4. All Meetings (other than those between only two council Members and/or the Mayor) shall be open to members of the public and the press. F. ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL GATHERINGS: 1. The purpose for this rule is to permit the City to be represented by its elected officials at meetings of other groups or organizations, including without limitation, intergovernmental organizations, neighborhood organizations, business and service organizations, and other organizations or groups with which the City has a relationship. 2. Any member of Council and the Mayor may attend meetings of other groups without prior notice, provided however, that any such meeting, if attended by three or more members of the Council, is open to the public, pursuant to Section 24-6-401, et seq., C.R.S. 7 3. Social gatherings, at which the discussion of public business is not the central purpose, shall not be subject to any of the requirements of Rule E. G. ABSENCES: In the event that a Council Member expects to be absent from a Regular Meeting or Study Session, the Member shall notify the City Clerk, and the City Clerk will duly notify the City Council at the beginning of the meeting. H. RIGHT OF THE FLOOR: 1. This Rule III.H shall apply only to Regular, Special and Adjourned Meetings, and not to Study Sessions, unless specifically noted. The presiding officer must first recognize each Council Member requesting to speak unless limited by a motion to limit debate or for calling the question. (applicable also to Study Sessions) 2. Speakers shall confine themselves to the question under discussion. All discussion must be germane to the agenda item. (applicable also to Study Sessions) 3. Members of Council shall avoid personal attacks and refrain from impugning the motives of any member's argument or vote. (applicable also to Study Sessions) 4. Following introduction of an agenda item, a staff report, if any, and a motion, each Council Member shall have the right to ask questions of staff or discuss an agenda item with staff. Council Member questions are limited to three (3) minutes each, two (2) times. Staff responses are not included in the time. Following question time, Council Members may engage in debate of the issue at hand prior to voting. The debate may consist of two (2) rounds with each Council Member having one opportunity per round to speak in turn. The first round may consist of a statement of position on the issue by each Council Member not to exceed four ( 4) minutes. The second round may consist of responses to position stated by other Council Members not to exceed two (2) minutes. 5. Once a vote has been taken, there shall be no further discussion on that motion or Agenda Item unless a motion to reconsider is adopted. 6. In the event of an amendment to an agenda item motion, the maker of the amendment shall have one (1) three (3) minute period to make the amendment and speak to the amendment. All other Council Members shall have one (1) two (2) minute period to speak to the amendment. 8 I. ELECTED OFFICIALS' MATTERS: This is the time elected officials and staff may make comments on any subject. Time limit per elected official and staff will be five (5) minutes. V. ORDER OF BUSINESS AND THE AGENDA A. SCOPE OF RULE: This Rule IV shall apply only to Regular, Special and Adjourned Meetings, and not to Study Sessions, unless specifically noted. B. ORDER OF BUSINESS: The general rule as to the Order of Business in Regular Meetings is stated thus: • CALL TO ORDER • PLEDGE OF ALLEGIANCE • ROLL CALL • APPROVAL OF MINUTES • PROCLAMATIONS AND CEREMONIES • CITIZENS RIGHT TO SPEAK • APPROVAL OF AGENDA • CONSENT AGENDA • PUBLIC HEARINGS, ORDINANCES ON SECOND READING, FINAL SITE PLANS • ORDINANCES ON FIRST READING • DECISIONS, RESOLUTIONS AND MOTIONS • CITY MANAGER'S MATTERS • CITY ATTORNEY'S MATTERS • ELECTED OFFICIALS' MATTERS • EXECUTIVE SESSION (AS NEEDED) • ADJOURNMENT C. AGENDA: PREPARATION AND INITIATION OF AGENDA ITEMS 1. The order of business of each meeting shall be as contained in the Agenda prepared by the Mayor ProTem. 2. By majority vote of the City Council during any City Council meeting, including any Study Session, the order of business for that meeting may be changed. The City Manager and City Attorney may propose to add items to the Agenda of such meetings under "Approval of Agenda," subject to approval by a majority of the Council. 3. Agenda shall be listed by topic of subjects to be considered by the Council and shall be distributed by 5:00p.m. on the Thursday prior to the Monday of the Regular Meeting. In the event of a holiday, the 9 material shall be distributed not later than noon on the Friday prior to the Monday meeting. 4. The City Clerk's Office shall be notified of the sequence of the Agenda Items by noon on the Wednesday preceding the Monday on which Council meets. All backup material and documents shall be filed with the Clerk's office by 5:00p.m. on that day in order to be included in the Council packet. 5. A majority of Council Members present is required to direct the City Attorney or staff to draft an ordinance to be included on the agenda. 6. A majority vote of City Council Members present may add, change the order of or delete an item from the agenda, under "Approval of Agenda." In Regular Meetings, this must be done before Public Hearings and Second Readings. 7. The first option of introducing Agenda Items shall go to a representative of the Council District to which the Agenda Item pertains or to the Council Member who initiated the item. Council Agenda items not specific to a Council District may be introduced by any member requesting such privilege from the Chair in advance of the meeting or requesting to introduce the item at the meeting. 8. Fiscal Notes. The City Manager may prepare a brief explanatory note that shall include a reliable estimate of the anticipated change in the expenditures or revenues to the City and whether such expenditures or revenues shall be recurring in nature during future budgets years. This shall include any principal and interest payments required to finance expenditures. 9. Council cannot approve an appropriation under City Manager's Matters, City Attorney's Matters, or Elected Officials' Matters. D. INITIATING AND ADDING AGENDA ITEMS: 1. Council Members or the Mayor may each originate an agenda item with the approval of one other Council Member. Each Council Member and the Mayor shall be allowed to originate only two (2) items per month to be added to the Agenda of a Regular Meeting or a Study Session, subject to the scheduling authority of the Mayor Pro Tern under Rule II.B.3. It is the intent of this Rule that no more than two agenda items may be initiated by the Mayor or any Council Member during any single month. 2. If a Council Member asks that an item be added to the Agenda for any Regular Meeting or Study Session, it is the responsibility of that Council Member to provide backup material for the Council packet as 10 to the subject or arrange for that backup material to be prepared. No item may be included in the Agenda without proper backup. 3. Other than by reconsideration pursuant to Rule V, once an item has been decided by a formal Council vote at any Regular, Special or Adjourned Meeting [or by a binding consensus vote at any Study Session under Rule III.B.l] it is not eligible to be added to a future agenda for six (6) months. 4. Motions made by Council Members, which are not in the Council packet, must be submitted to the City Clerk and Mayor in writing during the Council Meeting so it may be repeated, and included in the minutes. 5. During a Regular Meeting, under the Elected Official's, City Manager's or City Attorney's matters portion of the agenda, or at a Study Session, a Council Member, the City Manager, or the City Attorney may request that a motion be made to add an item to a future Agenda for consideration, subject to approval by the Council by a majority vote (for addition to a Regular Meeting Agenda) or a consensus vote (for additions to a Study Session Agenda). 6. The City Manager may add administrative and operational items to the agenda during "Approval of Agenda." E. PUBLIC HEARINGS: All speakers are requested to sign up on the appropriate roster, indicating whether they intend to speak to a particular Agenda Item. The Council shall not entertain a motion for the final disposition of the matter until the City staff and applicant have made their presentations, if any, and the public hearing has been closed, provided, however, that motions regarding the conduct, scheduling or continuation of the public hearing itself shall be proper at any time. F. ORDINANCES ON FIRST READING: It is the goal and desire of City Council to allow all interested parties to provide input during the Public Hearing/Second Reading on all proposed ordinances. A full, complete, and open discussion of all proposed ordinances is encouraged during the Public Hearing/Second Reading. Therefore, public comment and staff presentations will occur only during the Public Hearing/Second Reading. First Reading will be for the purposes of setting proposed ordinances for publication, and establishing a date for the Public Hearing/Second Reading. Amendments to a proposed ordinance can be made during a First Reading, following the guidelines for offering amendments in these Rules. G. TIME OF ADJOURNMENT: 11 At 11:00 P.M., the City Council shall complete action on the Agenda Item then under discussion and shall adjourn the meeting. Prior to such adjournment, the Council may take any or all of the following actions: 1. Acting by 3f4 majority vote, complete all or portions of the remaining Agenda. 2. Acting by a majority vote, schedule any unfinished items for a future Regular or Special Council Meeting. 3. Acting by majority vote, continue the meeting to a later date and time certain. VI. RECONSIDERATION 1. A motion to reconsider can be made only by a Council Member originally voting with the prevailing side. 2. Such motions shall be made only at that or the next regularly scheduled Regular Meeting. A continued or rescheduled meeting shall be considered a next scheduled Regular Meeting for the purpose of Reconsideration. If not reconsidered at that time, the issue cannot be placed on any agenda for six (6) months. 3. A motion to reconsider shall require an affirmative vote of a majority of the entire Council. 4. A Council Member who has been absent from the meeting at which the item was discussed may vote on the substantive matter following a successful motion to reconsider provided the Council Member affirms on the record that he or she has listened to the recording of that Agenda item . VII. SUSPENSION AND AMENDMENT OF THESE RULES A. SUSPENSION: Any provision of these Rules not governed by the Home Rule Charter or Code of Laws may be temporarily suspended by a three-quarters (3/4) majority vote of Council Members present. B. AMENDMENT: 12 These Rules may be amended, or new Rules adopted by a majority vote of Council Members at a Regular or Special Meeting, provided that the proposed amendments or new Rules shall have been submitted in writing to Council at a preceding meeting or a Study Session. Any Council Member, or the Mayor, may initiate an amendment of these Rules in the manner provided for initiation of agenda items by Rule IV.D. C. REVIEW: These Rules shall be reviewed by the Council within three months of a Regular Council Election. 13 Council Action Form April 28, 2014 Page 2 RECOMMENDATIONS: It is recommended that the City Council appoint Nancy Snow to the vacant position , tenn to expire December 12 ,2015. RECOMMENDED MOTION: "I move to appoint Nancy Snow to the Election Commission, tenn to expire December 12 , 2015 ." Or "I move to deny the appointment of Nancy Snow to the Election Commission for the following reason(s ) _________ _ REPORT PREPARED BY: Bruce Roome, Deputy City Clerk Patrick Goff, City Manager ATTACHMENTS: 1. Application from Nancy Snow