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PBG-13-01
THIS AGREEMENT made this 30th of August, 2013, by and between the CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporation (the "City"), and InCarnation CSC 11, LLC, (the "Developer"), together referred to as the uParties". W KOMI I W 11 11MMIZaK1111 01 E e Ir c U1 NOW, therefore, for and in consideration of the mutual promises and covenant&_2od� the parties hereto agree as follows 2. Fees in - Lieu of Parkland Dedication. The developer owes fees in lieu of parkland dedication to the City in the amount of $89,500. The fees will be paid on a pro-rate share based on the number of units to be built in four phases of building construction. The payments shall be made prior to issuance of a building permit for the four individual phases. This provision does not prohibit the developer from paying fees in a lump sum the whole or remaining amount at any given time, 3. Title_Po - lIcY. If applicable, title commitment for the Property shall be provided to the City. The title commitment shall show that all property to be Unless necessary to protect the immediate health, safety and welfare of the City or to protect the City's interest with regard to security given for the completion of the Public Improvements, the City shall provide the Developer thirty (30) days written notice of its intent to take any action under this paragraph. The Developer may cure the breach described in the notice. I The Developer shall warrant any and all Public Improvements for a period conform to specifications approved by the City. Specifically, but not by way of limitation, the Developer shall warrant the following: (a) That the title conveyed shall f"! and its transfer rightful; (d) To the degree the Developer is required to install and maintain landscaping on public or private property, it is the obligation of Developer to maintain the required landscaping for two (2) growing season(s), The City will finally accept for maintenance all Public Improvements after Wiiiwi I'll - 1 & f I WWWAW i — I MUMN W- # . # - 0 11=11 MT4 The Director is designated by the City to exercise authority on its behalf under this Agreement and to see that this Agreement is performed according to its terms. Work under this Agreement may, without cost or claim against the City, be suspended by the Director for substantial cause. The Director and his authorized representatives shall have free access to the work at all times. The Director, or his designee, will make periodic observations of construction (sometimes commonly referred to as "supervision"). The purpose of these observations and construction checking is to determine if the work is being performed in accordance with the plans and specifications. Inspectors may be appointed to inspect materials used and work done. Inspections may extend to all or any part of the work and to the preparation or manufacture of the materials to be used, The Inspector will have authority to reject defective materials and to suspend any work that is being done improperly, gubject to the final decision of the Director, 9 10. Improvements to be the Prop -Qtty. All Public Improvements for roads, concrete curb and gutters, public storm sewers and public drainage improvements accepted by the City shall be the property of the City following .s by provided ws• Is 9 The Developer shall pay all property taxes on the Property dedicated to the City, if any, and shall indemnify and hold harmless the City for any property tax liability. 14. Third party j peneficiaries. There are and shall be no third party beneficiaries to this Agreement. 16, Release of Liabift. It is expressly understood that the City cannot be legally bound by the representations of any of its agents or their designees except in accordance with the City of Wheat Ridge Code of Ordinances and the laws of the State of Colorado. 17. CaPfi—ons. The captions to this Agreement are inserted only for the purpose of convenient reference and in no way define, limit, or prescribe the scope or intent of this Agreement or any part thereof. 18. Bind 09-Eft-4 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns as the case may be. 19. No Waiver. No waiver of any of the provisions of this Agreement shall be deemed or constitute a waiver of any other provisions herein, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided, nor shall the waiver of any default hereunder be deemed a waiver of any subsequent default hereunder. WAMIJIVAL*19119A I I I I ' laMijame 2 determination shall not affect any other provision hereof, all of the other provisions shall remain in full force and effect. It is the intention of the Parties that if any provision of this Agreement is capable of two constructions, one of which would render the provision void, and the other which would render the provision valid, then the provision shall have the meaning which renders it valid. 21. Q�pw�mjinq Law. The laws of the State of Colorado shall govern the validity, performance and enforcement of this Agreement. Should either party institute legal suit or action for enforcement of any obligation contained herein, venue of such suit or action shall be in Jefferson County, Colorado. 2Z Attprnpys_Fees. Should this Agreement become the subject of litigation to resolve a claim of default of performance or payment by the Developer and a court of competent jurisdiction finds in favor of the City, the Developer shall pay the City's attorney's fees and court costs. Notice to City 4 • A I MR91M 26. Recordip q pf epment. This Agreement shall be recorded in the � A real estate records of Jefferson County and shall be a covenant running with the Property in order to put prospective purchasers or other interested parties on notice as to the terms and provisions hereof. # 19 Agreement. The Developer and the undersigned individual(s) understand that the City is relying • such representations and warranties in entering into this Agreement, WHEREF STATE OF COLORADO ss COUNTY OF__I\AAV M P ianelle Shaver, City Clerk , Ce S-hiW��Nr, ° a�► NIXON � _ r �r s s� • � s . » • • • •��► . �� and � . �.�, +� a •» � ��» �; ,� *� r • o '11W 1 Ell � Z) of= 1. ig lill III Pill III lill ii I HE I u =a American Title Services Company Incarnation CSC LLC 621 1,7" St, #1777 Denver CO 80293 Final Owners Policy Enclosed, please find the ALTA Owners Policy for file number DC-2012060358RSA and borrower(s) Incaniation CC I. for the property located at 5801 W. 38"' Ave. Wheat Ridge, CO 80 211 Owner's Policy of Title Insurance Issued by Title Resources Guaranty Compal Company at the address shown In Section I$ of the Conditions, AL 1 A Owner's Policy (61-17/2006) ,� �. ,� Title Resources Guaranty Company 8111 L.BJ Freeway, Ste. 1200 Dallas, 7 X 75251 American Land Title o i tion Owner's Poli Adopted -17.0 R MUMUM 1F The use of this Form is restricted toAL3`Alicensees and ALTAmembers in good standing as of the date of use. All other uses are prohibited, Reprinted under license from theArrierican Lard Title Association, d ANO Y�SD`tt 'tws sIyfvtxii It (DC- 201206035 Rsa,PFD y2ti1206935 RSAd1Q6 American Lang Title o l lain Owner's l c A dopted 6-17-06 x s K Copyright 20W2009 American Lanai "Rtte Association. All rights reserved. h 4f1 fw kd :e: „� A 01 Cr F,v..': The use of this Forms is restricted to AL.TAlicensees and ALT"Amembers I' W: G t; ', in good standing as of the date of use All other uses are prohibited, , Reprinted tender license from theArnerican Land TitteAssociation. File Number: DC-2012060358RSA Policy Number: 86700-009681 T! inereUT; 57gamer Min Me s ee o U5T - o - r - Wro -- , - S - I EIVANT G with the East 16.5 feet of the SWA SW% SEI/4 of said Section 24; together with all water, water, and ditch rights belonging or appertaining • the above described land, County of Jefferson, State of Colorado AIYA Owner's Policy ExhbdA (DC-201206035BRsa,PFDIDC-2012060358RSA/108) City of Wheat Ridge Municipal Building 7500 W. 29 Th Ave. Wheat Ridge, CO 80033-8001 P: 3012151861 F: 303.235,2857 Au cost 21, 2013 Mr, Joel R. Scallions, P.E. Park Engineering Consultants 420 21 Avenue, Suite 101 Longmont, CO 80501 303.651.6626 Re: Fourth Review Cornments of the Final Drainage Report/Plan, Final Construction Plans,, and Cost Estimates for the InCarnation Subdivision located at 5801 W. 38' Avenue (39"' Pl. & Fenton Ct.), Case #MS-1 3-02 (plat) and PSG -1 -01 (planned building group). Dear Mr. Seamons, I have completed the review of the above referenced documents, the full submittal being received on August 21, 2013 and August 20, 2013, and I have the following comments* CIVI[L ENGINEERING Final DrainaLre Report jpjKUjjc�n 1. All previous comments have been adequately addressed in the Discussion portion of the Report, 2. Please provide a P.E. seal and signature oil the revised Final Drainage Report for approval IMMI - Final Drainage Plan (AKA Grading & Drainage Plan): 1. Need to identif y the area inlet t on the northwesterly portion, and the three clean-out accesses or the underground detention facility. 2. Show all storm sewer pipe grades oil this sheet as previously requested, 3. Please provide a P.E. seal and signature on the Final Drainage Plan for approval. www.0,wheatridge.co.us I ;;;; I - • - M -M 49WITT"OFF', • #T�M 1 e 7, 17, r, - W"- 2 • T V �# August �1, 2013 Page 2 1 Cost Estimate The final TOTAL Amount of the public nuprovements plus 25% (as required by Code) = $389 ,2 1 5 This is the amount of the Irrevocable Letter of Credit (ILOQ required witb, the Subdivision Improvement Agreement. ww-w.d.wheatridge.coms 58i'M W381h Ave - InVarnation Sub FDR-M.".46-Plat - re0ew-4 Itr,docx August 21, 2013 Page 3 1 5Liect 6jStorrn Line C" Plan & Profile I . Please change the color of the EGI, (it's currently white) so it is visible. Sh eet 7 �Detail �Shcqt � 1. Remove the top section fort 3e Utility Locations Detail, This is for a 3-lane collector roadway and not applicable for this project. Sheet 8Detail Sheet I 1. Need to remove the text related to "Pay Items" as these are strictly for use by City-hired contractors. Sheets 9 - !2 torrinvater Plan a JS a nd Detail Sheets)-'. 1. Please refer to the previous Memo from Bill LaRow, Stonnwater Program Manager. For questions pertaining to his Memo, please contact Bill directly at 303.235.2871. Comments for the 3"' submittal were as follows: Planned Building Grow g Plans: Sheet I Site Plain I I . Rename W. 39"' Avenue to West 39"' Place Sheet LI LLandsca e Plan : X 1. It seems the description for the "Prefabricated Tot Lot" maybe should be identified as "Depressed" rather than "Repressed,". www.d.wheatridge.coms W1 W38th Ave - InCarnation Sub FDR-P136-Plat - review-4 W,docx August 21, 2013 Page 4 I . All previous comments have been addressed; the Final Plat was approved on August 20, 2013 by separate letter. A copy of the plat approval letter accompanies this comment letter. STORMWATER Stormwater Management Plan (SWMP: Please refer to the previous Memo from, Bill LaRow, Stormwater Program Mana ger previously sent on August 14 with the third review corrunents. For questions pertaining to his Men please contact Bill directly at 303.235.2871. ADDITIONAL REQUIREMENTS: 1. Street Lighting Plan Required A Street, Lighting Plan showing a photometric analysis, adequate spacing, and including all associated details will need to be submitted for review and approval prior to issuance of any Rigght-of-Wayor B t i d Permits. MM • August 21, 2013 Page 5 the WLOC. The City shall retain said WLOC for the entire 2-year Warranty Period, Upon completion of the 2-year Warranty Period, the WLOC will be surrendered by the City of Wheat Ridge. 6. Public Improvement Restoration/Debris Tracking It will be the responsibility of the contractor for the prejject to repair any darnage to the existing public improvements along W. 39"' Place and Fenton Court as a direct result of related construction traffic, Also, the contractor will be responsible for maintaining all affected roadways on a regular basis such that they remain free of construction debris and tracking from construction traffic accessing the site 9. Information www.d.wheatridge.coms 5801 W38th Ave - InCimation Sub ,.FDR-PBG -Plat - review-4 Itr.docx A 7 ugust 21, 2013 Page 6 Inforrnation pertaining to the Public Works development requirements, land surveying, platting, and ROW information, as well as the City's Standard Street Construction, and Stormwater/Erosion Control Details are available on the City of Wheat Ridge website at: www.ci.Aheatrid&e.co.us e,mail to me at: dbrossnian(&ci.wheatridp-e.co.us . NOTE: • Incomplete submittals are not considered as being under review. • The above comments are as of the date reviewed and may not reflect all comments from other departments or reviewing agencies. If you have any questions, please contact me at 03.2 .286 . David F. Brossman, P.L.S. Development Review Engineer/ City Surveyor CC: Steve Nguyen, Engineering Manager Meredith Reckert, Senior Planner Bill LaRow, Stonriwater Program Manager File wwwAwheatridge.coms 5901 W39th Amy - InCarnation Sub -FI)I�-lB(i-Plat-review-4hr,docx City of P " W he � at I�iclge BL1C WORKS City of Wheat Ridge Municipal Building 7500 W. 29 Ave. August 20, 2013 Mr. Joel R. Seamons, P.E. Park Engineering Consultants 420 21 Avenue, Suite 101 Longmont, CO 80501 303.651.6626 Wheat Ridge, CO 80033 -8001 P: 303.235.2861 F: 303.235.2857 Re: Third Review Comments of the Final Plat for the InCarnation Subdivision located at 5801 W. 38 Avenue (39 Pl. & Fenton Ct.), Case #MS -13 -02 (plat) and PBG -13 -01 (planned building group). Dear Mr. Seamons, I have completed the third review of the above referenced document received on July 30, 2013, and I have the following comments: Final Plat 1. All comments have been addressed; the Final Plat is hereby approved by Public Works. NOTE: Please note that the Construction Plans received today (08/20/13) will be reviewed separately and comments will be returned under separate cover from the Final Plat. ADDITIONAL REQUIREMENTS: 1. Street Lighting Plan Required A Street Lighting Plan showing a photometric analysis, adequate spacing, and including all associated details will need to be submitted for review and approval prior to issuance of anv Right -of -Way or Building- Permits 2. Subdivision Improvement Agreement Prior to the issuance of any Building or Right -of -Way Construction Permits or the commencement of any construction activities, a Subdivision Improvement Agreement (SIA) will need be executed by the project owner /developer. The project owner /developer will need to contact the InCarnation Case Manager, Ms. Meredith Reckert, Senior Planner at 303.235.2848, to obtain a copy of the SIA and for further instructions. Please note the following Exhibits A -C to be included in the SIA: a. Exhibit A: Legal Description of the property. b. Exhibit B: Copy of the Final Plat. c. Exhibit C: Approved engineer's itemized cost estimate for all public improvements (see Item 3 below). www.ci.wheatridge.co.us Public Works Engineering August 20, 2013 Page 2 3. Public Improvements Cost Estimate & Guarantee An itemized engineer's cost estimate shall be submitted for review and approval. Upon acceptance of this estimate and prior to the recordation of the Final Plat, an Irrevocable Letter of Credit (ILOC) in the amount of Three Hundred Eighty Nine Thousand Two Hundred and Fifteen and NO /100 Dollars ($389,215 USD), reflecting the total amount of the approved cost estimate plus 25% (125% of the total estimate shall be submitted. The ILOC shall remain in force for the entire duration of the project, and the City reserves the right to request the ILOC be renewed if deemed necessary. 4. 2 -Year Warranty Period and Guarantee for Public Improvements Upon completion of all public improvements and Final Acceptance has been granted by the City Inspector, the original Irrevocable Letter of Credit will be surrendered. At that time a 2 -year warranty period for the completed and approved public improvements shall commence. Upon commencement of the 2 -year Warranty Period, a 2 nd (Warranty) Letter of Credit ( "WLOC ") in the amount of Seventy Seven Thousand Eight Hundred Forty Three and NO/ 100 Dollars ($77,843 USD) or 25% of the original itemized engineer's cost estimate, shall be submitted to the City of Wheat Ridge and be dated as to expire on the 2 -year anniversary of the Warranty Period commencement date. If at any time during said 2 -year Warranty Period the City Inspector deems that the constructed public improvements are in such condition as to require repairs or replacement, the Developer shall complete such work upon request or the City will have the right to draw on the WLOC. The City shall retain said WLOC for the entire 2 -year Warranty Period. Upon completion of the 2 -year Warranty Period, the WLOC will be surrendered by the City of Wheat Ridge. 5. Right -of -Way Construction Permit(s)/Licensing a. ROW Permits Prior to any construction within the public right -of -way (ROW), the necessary Right -of -Way Construction Permit(s) and respective licensing will need to be submitted for processing by the City. Right -of -Way Construction Permits are issued by the City only after approval of all required technical documents, including but not limited to, the Final Drainage Report & Plan, Final Plat, Final Development Plan, Traffic Impact Study, Storm Sewer Plans, Street Construction Plans, Grading & Erosion Control Plan, Traffic Control Plan, and easement or ROW dedications. b. Licensing All work within the public Right -of -Way shall only be performed by a municipally- licensed contractor. 6. Public Improvement Restoration/Debris Tracking It will be the responsibility of the contractor for the project to repair any damage to the existing public improvements along W. 30 Place and Fenton Court as a direct result of related construction traffic. Also, the contractor will be responsible for maintaining all affected roadways on a regular basis such that they remain free of construction debris and tracking from construction traffic accessing the site 7. Drainage Certification w /As -Built Plans required prior to C.O. Upon completion of the drainage improvements, the Engineer -of- Record Mr. Joel R. Seamons, P.E., shall provide to the City of Wheat Ridge a written, signed and sealed Drainage Certification Letter stating that the overall site grading was completed per the approved Grading and Drainage Plans, all drainage facilities were constructed per the approved construction plans and shall function as defined in the approved Final Drainage Report/Plan, and that the site has been accurately surveyed to confirm that the grading and construction of all drainage facilities was completed in accordance with these documents. The Drainage Certification Letter shall be submitted to the City for review and approval, and shall be accompanied with As -Built Plans on the Current City Datum for all constructed drainage facilities prior to issuance of any Certificate of Occupancy. Three (3) copies of the "As- Built" Plans are to be submitted as follows: a. One (1) hardcopy is to be signed & sealed on 24" X 36" bond paper, and b. Two (2) electronic files are to be delivered on DVD /CD -ROM as follows: www.ci.wheatridge.coms 5801 W38th Ave - InCamation Sub_PlatOnly - Approval.hr.docx Public Works Engineering August 20, 2013 Page 3 One (1) filc iii AutoCAD 2007 DWG format and one (1) file in PDF format. 8. Stormwater Maintenance Agreement and O & M Plan Required All post - construction Best Management Practices (BMP's) for water quality must be maintained and inspected by the property owner(s) per Section 20 -34 of the City of Wheat Ridge Municipal Code of Laws. For above - ground detention facilities with outlet structures, underground detention facilities, porous landscape detention areas, porous pavement, and centrifuge type devices such as a Rinker Stormcepter®, a Stormwater Maintenance Agreement accompanied by an Operations and Maintenance (O & M) Plan will be required prior to issuance of the Certificate of Occupancy. The O & M Plan shall be kept current and will be inspected on a regular basis by City staff to ensure compliance with the State and local requirements. The O & M Schedule/Log is typically assembled by the Engineer -of- Record, must be kept current by the property owner, and will be inspected on a regular basis by City staff to ensure compliance with City of Wheat Ridge Municipal Code requirements. Contact Bill LaRow, Stormwater Program Manager at 303.235.2871 for additional information. 9. Information Information pertaining to the Public Works development requirements, land surveying, platting, and ROW information, as well as the City's Standard Street Construction, and Stormwater /Erosion Control Details are available on the City of Wheat Ridge website at: www.ci.wheatridQe.co.us • Incomplete submittals are not considered as being under review. • The above comments are as of the date reviewed and may not reflect all comments from other departments or reviewing agencies. If you have any questions, please contact me at 303.235.2864. Sincerely, David F. Brossman, P.L.S. Development Review Engineer/ City Surveyor CC: Steve Nguyen, Engineering Manager Meredith Reckert, Senior Planner Bill LaRow, Stormwater Program Manager File www.ci.wheatridge.co.us 5801 W38th Ave - InCarnation Sub_Platonly - Approval.ltr.docx DELICH ASSOCIATES Traffic & Transportation Engineering . .11 1. _ 2272 Glen Haven Drive Loveland, Colorado 80538 Phone: (970) 669 -2061 Fax: (970) 669 -5034 � 11 r MEMORANDUM TO: Joel Seamons, Park Engineering Consultants City of Wheat Ridge FROM: Matt Delich DATE: April 11, 2013 SUBJECT: IN /Camation Traffic Study (File 1317ME02) IN /Carnation is a proposed residential development, on a largely vacant lot, east of North Harlan Street and south of West 41"Avenue in Wheat Ridge. The site location is shown in Figure 1. The scope of this exercise was discussed with Dave Brossman, Wheat Ridge Development Review Engineer. A memorandum discussing the trip generation and trip distribution was requested. The site will be accessed from West 39 Place (to North Harlan Street) and Fenton Court (to West 41 Avenue). West 39 Place currently stubs to the subject property. Fenton Court is a cul- de -sac that has a gate to the subject property. These streets will be connected through the site. The site plan is shown in Figure 2. There is an existing house which will remain on the site. There will be seven additional single family homes on the north portion of the site. On the south portion of the site, eleven row homes and six patio homes are proposed. The trip generation of the IN /Carnation residential development was estimated using Trip Generation, 9 Edition ITE as the reference document. The trip generation for the single family homes used equations in Single - Family Detached Housing (Code 210) to determine the daily and peak hour trip generation. The row homes and patio homes will be smaller units. Equations in Residential Condom inium/Townhouse (Code 230) were used to determine the daily and peak hour trip generation for these two residential home types. Table 1 shows the calculated trip generation for the IN /Carnation site. The estimated trip generation for the IN /Carnation residential development is: 253 daily trip ends; 29 morning peak hour trip ends; and 27 afternoon peak hour trip ends. Given the location of IN /Carnation within Wheat Ridge, and the hierarchy of streets in the area, it is expected that the trip distribution will be as depicted in Figure 3. To some extent, residents will utilize the access street, West 39 Place or Fenton Court, that is closest to their dwelling unit. Do not hesitate to contact me if you have questions or desire additional information. CD 1 1 i ko AF Regis Inspiration 'VV 49' k Creek h Ave Point Par Side Park 2: o m M G QAh. W 48th Ave W 48th Ave W 481h Ave m I N4 1 7th PI W 47th Ave Vif 47th Ave W z 46th Pill cA 4 W 46th P1 U CL En fD W 46th Ave c 0 W 45th P1 (n M 5L ED 9 V Z3. CL W 45th Ave W 4 5th Ave el-Bacher Lakeside rk k-V 44th R C Rd 58 W 44th Ave Co RO 50 Vy 44th Ave W 44th Ave Co Rd 58 M > 0 j�7 42nd Ave U 92 % �P" Lp. sn W 4 Ave z Rindell Mew > W VV 42nd Ave D B Piric W411sfAve W 41st Ave (A W41Et Ave -- --- - -W41r,1A , , , (3.& ED CL aJ 4(Mh Avg ■ M CL VV 391h Ay CD - 59t h Ave. In- LAI Carnation — "h Ave Barths Co Rd 180 W 38th Ave IN 37th Pr W 37M Pi 3 :T CL W 36th M (D Pi W w W W 36th Ave > SD 3 ww Ridge W 35th Ave W 35th Ave W 35th Ave x 0 z W 35th Ave m Ave Marshatj Panorama W Parke 2L E W 33rd Ave Park YY 33 itiGALE: 1"=1000' SITE LOCATION Figure 1 --Ili DELI CH - 71 [-ASSOCIATES A & N SCALE: 1"=50' I 4a 7 L B 15728 SF 4 UNITS MAX. SN(' f !.w! Y SN..1 iNA1 lazls< - Ivsu - I 1 i - — iNV Is; s1CC.02 (N) 5399.94 .._ 1 IapCA I OCY 1 7M ]'�16p .WV f4•Jp S! IBSY /400Y I I�Jp l` ��(C'J IA'1p 3� Icpp Sf !•ppp I { rP'AlOui 1PM1:Y.t P R3N`.KW� iOJ4gYl �O"MOBC lO�mqu_ fG^M It]vl ['Jw10r'I 1.7MgMt ROwriOtl( JIiC'0 ]1 71A0 77 "m ;115:. ]IAO JIJSO I'm ]lit, 150 ]180 I i I PARCEL A 80282 SF =22 UNITS MAX$ . i.: • gip � SAti MH _ _ . + nl 3108.68 �J "NV N rA'q S 54 1.13 nJ h7B•l Isis Is7os ,eacx �emx :`v:[ti I. • };NV OUT (N) 101.03 �ha X. t.np lgdlt +� .A'q Il1K !IdM SITE DEVELOPMENT PLAN SCAIE 70.0 SITE PLAN Figure 2 -- »L- DELICH - 7. [-ASSOCIATES TABLE 1 Trip Generation Code Use Size AWDTE AM Peak Hour Rate In Rate ; Out PM Peak Hour Rate Trips Rate In Rate Out 210 Single - Family 8 DU 11 DU 6 DU EQ EQ EQ 1 10 94 56 EQ EQ 1 4 2 1 EQ 11 EQ 7 EQ 4 EQ EQ EQ 7 7 4 EQ EQ EQ 4 3 2 230 Row Homes 230 Patio Homes Total Trip Generation 253 7 22 18 9 TRIP DISTRIBUTION Figure 3 _ -/I DELICH - 7,1 rASSOCIATES O ~' -- F' €ig n Q PHASE IV IOU —� PHASEI 2 Q c IQ' O . C 7 0 i l if o N ef O 0 1 '9 BUJ g G 90�o � i illl�el 4 tl x a a a -- f n Q PHASE IV IOU —� PHASEI 2 Q O O . C 0 i I 6��6 j �•f I � �ie 0 vi ip i y "' RA A architecture n..��.�. .1W t� In Carnation ss !� � t 00 oea 0 Ise o � , ! t 1 �vltc •I• � I 9�'0 �;�oe c oo � e� .: 4 [[ � I ifgi t ! t��e p11,it{ 1 i "i W 1 J ;i 1 4 p111�� ' f l ' 1 •f I I 9 1 `i 1 '. ; �++I� 2 1 o I t 0 41 - City of Wheatidge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29 Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 November 1, 2013 David Gregory Oxbow Design Collaborative Dear Mr. Gregory This letter is in regard to the landscape plan submitted for the InCarnation project at 4200 Fenton Court. I have reviewed the first submittal and have the following comments. \.�In the graphic, would it be possible to add an additional street tree at the northwestern corner of �enton Court? V2' In the graphic, on the western perimeter, there are four shrubs which are designated as XX. Please orrectly identify the species. On the southwest corner of third building from the north (five eastern rowhouse units) a deciduous tr e does not have a species assigned. In the graphic, I could only find three Winter King Hawthomes where it is indicated in the Plant List table that there are 7. n the Plant List table it indicates that there are zero Shadbow Serviceberry trees where there are at least two on the graphic. Vw"'F'he required number of shrubs to be planted on the site is 320 where only 178 are provided; however, because the number of internal trees provided exceeds the minimum, the quantities shown are approved. 7. This concludes the summary of comments. Please make the changes and resubmit three full -xized copies. If you have questions, please contact me at 303 - 235 -2848. Sincerely, Meredith Reckert, AICP Senior Planner www.ci.wheatridge.co.us E I p KIM ffi ro r ar VA Rif �il A URD 14403 W. COLFAX AVE, LAKEWOOD, CO 80215 82- 504/1070 (800)964 -3444 REMITTER FIRSTBANK LOAN 820-5093 DATE OCtobe 10, 2013 PAYABLE TO CItY 00 WHEAT RIDGE CASH IER'S RECEI AM OUNT i f l f 1 - Ii �Ity W heat �idge PUBLIC WORKS City of Wheat Ridge Municipal Building 7500 W. 29 "' Ave. August 14, 2013 Mr. Joel R. Seamons, P.E. Park Engineering Consultants 420 21 Avenue, Suite 101 Longmont, CO 80501 303.651.6626 Wheat Ridge, CO 80033 -8001 P: 303.235.2861 F: 303.235.2857 Re: Third Review Comments of the Final Drainage Report/Plan, Planned Building Group Plans, Final Construction Plans, Final Plat, and Cost Estimates for the InCarnation Subdivision located at 5801 W. 38'" Avenue (39 Pl. & Fenton Ct.), Case #MS -13 -02 (plat) and PBG -13 -01 (planned building group). Dear Mr. Seamons, I have completed the third review of the above referenced documents, the full submittal being received on August 6, 2013, and I have the following comments: CIVIL ENGINEERING Trip Generation Memo 1. All previous comments have been address; the Trip Generation Memo is approvable by Mark Westberg, P.E. Final Drainage Report (Discussion): 1. Under Section 1.3 Proposed Project Description, in the fifth sentence include the following text after the word Stormcepter®: "...hydrodynamic separator device (HDSD) to provide water quality treatment..." One would hope the reader would already know what a Stormcepter® is, but in the event they don't this will provide the needed info. 2. Under Section 3.2.1 Sub -basin W, rather than stating "...the inlets provide the required capacity... ", please state the street flow spread and depth at the inlets for both Q and Q 100 for the Wheat Ridge standard inlets in this section of the discussion. 3. Under Section 3.5 — Proposed Storm Sewer Outfall, please include or modify the following a. Please revise the text in the first sentence per my redlined comment. b. This paragraph states that a 12" PVC will be utilized due to the sanitary service crossing. This design is not something the City will approve. The typical minimum approvable pipe size, type, and grade are 18" RCP @ 0.50 %. We understand the design constraints given the sanitary service crossing. So in the spirit of cooperation to help move this project forward, the City is willing to accept an 11" x 18" Arch Pipe (approx. 15" round equivalent) or a 18" round HDPE, and we can accept dropping the pipe grade to 0.40 %. If HDPE is used you will save 2" in outside diameter (22" vs. 24" for RCP). The City will not accept any smaller pipe or grade less than 0.40% (per discussions with Engineering Manager) due to maintenance concerns. 4. Under Section 3.6 Water Quality & Maintenance, please include the following statement: "The maintenance of all permanent water quality treatment Best Management Practices (BMPs) used in this project shall remain the sole responsibility of the Homeowner's Association (HOA), www.ci.wheatridge.co.us Public Works Engineering August 14, 2013 Page 2 property owners, and their successors and assigns. The precise maintenance procedures and schedule for the different BMPs will be discussed in a separate Operations and Maintenance Plan (O & M) which is included with a Stormwater Maintenance Agreement to be recorded at the Jefferson County Clerk & Recorder's Office." 5. Under Section 4.1 Impact of Development, please include the following: a. Provide a brief comparison of the existing runoff release rates versus the developed rates. b. Since this project appears to improve currently negative impacts to surrounding, downstream properties, using the comparison in 5a. above you can add a statement similar to: "The drainage improvements associated with this project will improve the site drainage by reducing the amount of stormwater runoff released from the site that in the past may have had a negative impact to adjacent and downstream properties." 6. Under Section 5 — References, you need to be using and referencing the latest version of the City's Site Drainage Requirements (May. 2011) 7. Please provide a P.E. seal and signature on the revised Final Drainage Report for approval. Final Drainage Report (Appendix): 1. Please provide pipe profiles for all storm sewer pipe runs, and include both the energy and hydraulic grade lines on all profiles. 2. The UDFCD spreadsheet that was used for an unspecified inlet has the wrong title, wrong inlet identification, and the input info is unreadable. You may need to have this printed in B & W prior to scanning (or create the PDF directly from Excel). 3. Only one UDFCD spreadsheet was provided for the 3 Wheat Ridge standard inlets. With the next submittal please provide a spreadsheet for both of the Wheat Ridge standard (street) inlets 4. Be sure to modify the heading information on the UDFCD spreadsheets using the inlet IDs corresponding to this project, and also change the Project name to "InCarnation Subdivision" (rather than Doud Overlook Subdivision). 5. The values shown on the 5 -year for the minor storm event, the Detention Volume graph will need to be modified to reflect the 5 -year values. 6. The orifice calculations and detail currently shown at the end of the Report are for the 100 -year and 10 -year events. The City of Wheat Ridge requires that the 5 -year and 100 -year storms be analyzed and used in the orifice design — please modify to reflect the 5 & 100 -year events. Final Drainage Plan (AKA Grading & Drainage Plan): 1. The area inlet shown on the northwesterly portion of the underground detention facility must be of sufficient size so as to allow for access and cleaning of the system. 2. Please provide a detail of the above - mentioned area inlet on this sheet. 3. Need to add the three additional risers /manholes at the locations shown. Since the proposed barrels are 114' in length these access points will be crucial in future maintenance procedures that shall be referenced in the Operations & Maintenance (O & M) plan typically put together by the designing engineer. 4. Show all pipe grades on this sheet. 5. Show the boundary of the Drainage and Detention Easement. 6. In the Drainage Legend, modify the C -value for the minor storm to be for the 5-year event per the City of Wheat Ridge Site Drainage Requirements. 7. Please add a manhole between the outfall for the underground detention facility and the sidewalk in the vicinity of my redlined comment, and label this as a "maintenance manhole ". www.d.wheatridge.coms 5801 W38th Ave - Incarnation Sub FDR -MG -Plat - review3 Itr.docx Public Works Engineering August 14, 2013 Page 3 8. The design for the pipe run down to W. 41 Avenue as shown on the Grading and Drainage Plan is not acceptable and in fact has already been redesigned as I write these comments. Please refer to the redlined comments found on Sheet 5 of the Final Construction Plans. 9. Please provide a P.E. seal and signature on the Final Drainage Plan for approval. Cost Estimate The following revisions are based upon actual city -hired contractor prices. If you have a quote from your contractor that reflects lower costs than the City, please return a copy to me with the next submittal. 1. Asphalt: a. The 6" asphalt pavement unit cost of $25.00 /yd is far lower than the $56.90 /yd the cost the City is being charged by our city -hired paving contractor. Please adjust this cost to the City's amount or provide me with the contractor's quote. 2. Concrete: a. The cost of $11.00 /LF for the 6" vertical curb & gutter is far less than the $20.64/LF cost of the City. Please adjust this cost to the City's amount or provide me with the contractor's quote. b. The cost of the 5' detached sidewalk of $3.25/ft is less than the City's cost of $5.14/ft 2 . Please adjust this cost to the City's amount or provide me with the contractor's quote. The final TOTAL Amount of the public improvements plus 25% (as required by Code)= 38$ 9,215 This is the amount required with the Subdivision Improvement Agreement. Final Civil Construction Plans General Comments: 1. Correctly show the boundary of the Drainage and Detention Easement. 2. Need to create a separate Plan & Profile sheet or sheets for the street. These sheets need to be separate from the P & P for the storm drainage for clarity. Include the following on the Street Plan and Profile sheets: a. Adequate elevation information to properly construct. b. Include elevations at 25 -foot stations for: i. Each flowline ii. Centerline (crown) iii. Elevations and stationing at all grade breaks, Points of Curvature and Points of Tangency. c. Need to show the ADA ramps on the plan view. d. Include crosswalk striping for the two ADA ramp crossing. e. Include the "Crosswalk Ahead" signage on the Street Plan & Profile sheet. (W 11 A -2 with W 16 -9P beneath). f. Show the drivecuts on the plan view (matching the detail provided). g. Show the four Right -of -Way centerline monuments that must be set. h. Include a Note stating, "ROW MONUMENTS TO BE SET PRIOR TO TOP LIFT OF ASPHALT (SEE GENERAL NOTE 14 ON SHEET 1)." Sheet 1 (Cover Sheet): 1. See General Comment 2 above. w wi%.ci.ir heatridge.co.us 5801 W38th Ave - InCarnation Sub FDR -M -Plat - review3 Itr.doex Public Works Engineering August 14, 2013 Page 4 Sheet 2 ( - Title of Sheet Unreadable - ): 1. I believe there are to be bollards placed at the northerly end of the 650' "tail" down to W. 38" Avenue to prevent vehicular traffic from entering the project. If these are to be constructed they need to be shown on this and/or the Street Plan & Profile sheets. 2. Need to show CDOT Type 3 ADA ramps at the locations shown on the redlined sheet. 3. Include a crosswalk across the roadway at the new ADA ramps. 4. Place "Crosswalk Ahead" signage (i.e., W 11 A -2 with W 16 -9P beneath) on either side, to warn drivers of the approaching crosswalk. 5. Be sure when the revised sheet is scanned the title of the sheet is visible. Sheet 3 (Grading & Drainage Plan): 1. The area inlet shown on the northwesterly portion of the underground detention facility must be of sufficient size so as to allow for access and cleaning of the system. 2. Please provide a detail of the above - mentioned area inlet on this sheet. 3. Need to add the three additional risers /manholes at the locations shown. Since the proposed barrels are 114' in length, these access points will be crucial in future maintenance procedures. And FYI, those specific maintenance procedures will need to be outlined in the Operations & Maintenance (O & M) plan that is typically put together by the designing engineer. 4. Show all storm sewer pipe grades on this sheet, and please note that no pipe runs of less than 0.40% will be approved. 5. In the Drainage Legend, modify the C -value for the minor storm to be for the 5-year event per the City of Wheat Ridge Site Drainage Requirements. 6. Please add a manhole between the outfall for the underground detention facility and the sidewalk in the vicinity of my redlined comment, and label this as a "maintenance manhole ". 7. The design for the pipe run down to W. 41 Avenue as shown on the Grading and Drainage Plan is not acceptable and in fact has already been redesigned as I write these comments. Please refer to the redlined comments found on Sheet 5 of the Final Construction Plans. Sheet 4 (STA 0+00 to STA 4 +00 Plan & Profiles): I . On the plan view: a. Need to include the pipe grades for all storm lines. b. Include the inverts in and out for all manholes. 2. The grades on the profiles will need to be modified; no storm pipe grades flatter than 0.40% and no pipes smaller than 18" will be approved (per discussion with the City Engineer) due to maintenance concerns. 3. Show the manhole to be used for maintenance of Storm Line C on both the Plan and Profile views. 4. Include a Legend and show the all linetypes and symbols used on the Plan View. 5. Rotate the text for W. 39"' Place. Sheet 5 (Storm Line C Plan & Profile): 1. The grades on both the plan view and the profiles will need to be modified; no storm pipe grades flatter than 0.40% (and no pipes smaller than 18 ") will be approved. 2. Detail A for the outlet orifice shows a 100 -year and a 10 -year orifice. Please revise the detail to reflect the 5 -year orifice for the minor storm as required by the City of Wheat Ridge Site Drainage Requirements. 3. The last pipe run near W. 41 Avenue has been modified from a 12" PVC on the original submittal to an 18" RCP which is great, and the grade was also changed from a 0.20% to a 0.30 %. The standard minimum approvable pipe size, type, and grade is an 18" RCP @ 0.50 %. However, we do understand the design constraints caused by the sanitary service lines, and are www.ci.wh eatridge.com s 5801 W38th Ave - InCamation Sub FDR -MG -Plat - review3 Itr.docx Public Works Engineering August 14, 2013 Page 5 willing to offer a compromise by allowing the minimum pipe type and grade be an 18" HDPE @0.40 %. The O.D. of the HDPE is 22" rather than the 24" O.D. of the RCP, so this could buy you an additional 2 ". But per discussions with the Engineering Manager, 0.40% is the flattest grade we will approve due to maintenance concerns. 4. Please include the manhole number, inverts, and rim information for the two manholes on Storm Line C near W. 41 st Avenue. Sheet 7 (Detail Sheet): 1. Pertaining to Detail C -1305 VCG.DC2: Since the City has not yet created the standard detail for a vertical curb drivecut with a detached sidewalk, you will need to modify this drawing to reflect the detached sidewalk and connecting drivecut that will actually be constructed (and delete the attached walk). And be sure to correctly show this drivecut at the desired locations on all Plan Views. 2. Please delete the CDOT Type 2A ADA ramp detail and replace it with the CDOT Tyne 3 ADA ramp detail. Sheets 8, 9, & 10 ( Stormwater Plan and Detail Sheet): 1. Please refer to the attached Memo from Bill LaRow, Stormwater Program Manager. For questions pertaining to his Memo, please contact Bill directly at 303.235.2871. PLANNING & ZONING Planned Building Group Plans: Sheet 1 Site Plant 1. Rename W. 39 Avenue to West 39 Place Sheet L1 (Landscape Plan): 1. It seems the description for the "Prefabricated Tot Lot" maybe should be identified as "Depressed" rather than "Repressed ". Final Plat: 1. All previous comments have been addressed; the Final Plat is approvable from a Public Works standpoint. Upon final alignment of the storm sewer, which will determine the final location of the Drainage and Detention Easement, the plat will be approved by Public Works and a stamped copy will be sent back to you. STORMWATER Stormwater Management Plan (SWMP: Please refer to the attached Memo from Bill LaRow, Stormwater Program Manager. For questions pertaining to his Memo, please contact Bill directly at 303.235.2871. «ww.ci.�N heatridge.coms 5801 W38th Ave - InCarnation Sub FDR -M -Plat - revieO Itr.docx Public Works Engineering August 14, 2013 Page 6 ADDITIONAL REQUIREMENTS: 1. Street Lighting Plan Required A Street Lighting Plan showing a photometric analysis, adequate spacing, and including all associated details will need to be submitted for review and approval prior to issuance of any Right -of -Way or Building Permits 2. Subdivision Improvement Agreement Prior to the issuance of any Building or Right -of -Way Construction Permits or the commencement of any construction activities, a Subdivision Improvement Agreement (SIA) will need be executed by the project owner /developer. The project owner /developer will need to contact the InCarnation Case Manager, Ms. Meredith Reckert, Senior Planner at 303.235.2848, to obtain a copy of the SIA and for further instructions. Please note the following Exhibits A -C to be included in the SIA: a. Exhibit A: Legal Description of the property. b. Exhibit B: Copy of the Final Plat. c. Exhibit C: Approved engineer's itemized cost estimate for all public improvements (see Item 3 below). 3. Public Improvements Cost Estimate & Guarantee An itemized engineer's cost estimate shall be submitted for review and approval. Upon acceptance of this estimate and prior to the recordation of the Final Plat, an Irrevocable Letter of Credit (ILOC) in the amount of Three Hundred Eighty Nine Thousand Two Hundred and Fifteen and NO /100 Dollars ($389,215 USD), reflecting the total amount of the approved cost estimate plus 25% (125% of the total estimate shall be submitted. The ILOC shall remain in force for the entire duration of the project, and the City reserves the right to request the ILOC be renewed if deemed necessary. 4. 2 -Year Warranty Period and Guarantee for Public Improvements Upon completion of all public improvements and Final Acceptance has been granted by the City Inspector, the original Irrevocable Letter of Credit will be surrendered. At that time a 2 -year warranty period for the completed and approved public improvements shall commence. Upon commencement of the 2 -year Warranty Period, a 2' (Warranty) Letter of Credit ( "WLOC ") in the amount of Seventy Seven Thousand Eight Hundred Forty Three and NO/ 100 Dollars ($77,843 USD) or 25% of the original itemized engineer's cost estimate, shall be submitted to the City of Wheat Ridge and be dated as to expire on the 2 -year anniversary of the Warranty Period commencement date. If at any time during said 2 -year Warranty Period the City Inspector deems that the constructed public improvements are in such condition as to require repairs or replacement, the Developer shall complete such work upon request or the City will have the right to draw on the WLOC. The City shall retain said WLOC for the entire 2 -year Warranty Period. Upon completion of the 2 -year Warranty Period, the WLOC will be surrendered by the City of Wheat Ridge. 5. Right -of -Way Construction Permit(s)/Licensing a. ROW Permits Prior to any construction within the public right -of -way (ROW), the necessary Right -of -Way Construction Permit(s) and respective licensing will need to be submitted for processing by the City. Right -of -Way Construction Permits are issued by the City only after approval of all required technical documents, including but not limited to, the Final Drainage Report & Plan, Final Plat, Final Development Plan, Traffic Impact Study, Storm Sewer Plans, Street Construction Plans, Grading & Erosion Control Plan, Traffic Control Plan, and easement or ROW dedications. b. Licensine All work within the public Right -of -Way shall only be performed by a municipally- licensed contractor. www.d.wheatridge.co.us 5801 W38th Ave - InCamation Sub FDR -M -Plat - review3 Itr.docx Public Works Engineering August 14, 2013 Page 7 6. Public Improvement Restoration/Debris Tracking It will be the responsibility of the contractor for the project to repair any damage to the existing public improvements along W. 39 Place and Fenton Court as a direct result of related construction traffic. Also, the contractor will be responsible for maintaining all affected roadways on a regular basis such that they remain free of construction debris and tracking from construction traffic accessing the site 7. Drainage Certification w /As -Built Plans required prior to C.O. Upon completion of the drainage improvements, the Engineer -of- Record Mr. Joel R. Seamons, P.E., shall provide to the City of Wheat Ridge a written, signed and sealed Drainage Certification Letter stating that the overall site grading was completed per the approved Grading and Drainage Plans, all drainage facilities were constructed per the approved construction plans and shall function as defined in the approved Final Drainage Report/Plan, and that the site has been accurately surveyed to confirm that the grading and construction of all drainage facilities was completed in accordance with these documents. The Drainage Certification Letter shall be submitted to the City for review and approval, and shall be accompanied with As -Built Plans on the Current City Datum for all constructed drainage facilities prior to issuance of any Certificate of Occupancy. Three (3) copies of the "As- Built" Plans are to be submitted as follows: a. One (1) hardcopy is to be signed & sealed on 24" X 36" bond paper, and b. Two (2) electronic files are to be delivered on DVD /CD -ROM as follows: One (1) file in AutoCAD 2007 DWG format and one (1) file in PDF format. Stormwater Maintenance Agreement and O & M Plan Required All post - construction Best Management Practices (BMP's) for water quality must be maintained and inspected by the property owner(s) per Section 20 -34 of the City of Wheat Ridge Municipal Code of Laws. For above - ground detention facilities with outlet structures, underground detention facilities, porous landscape detention areas, porous pavement, and centrifuge type devices such as a Rinker Stormcepter®, a Stormwater Maintenance Agreement accompanied by an Operations and Maintenance (O & M) Plan will be required prior to issuance of the Certificate of Occupancy. The O & M Plan shall be kept current and will be inspected on a regular basis by City staff to ensure compliance with the State and local requirements. The O & M Schedule/Log is typically assembled by the Engineer -of- Record, must be kept current by the property owner, and will be inspected on a regular basis by City staff to ensure compliance with City of Wheat Ridge Municipal Code requirements. Contact Bill LaRow, Stormwater Program Manager at 303.235.2871 for additional information. 9. Information Information pertaining to the Public Works development requirements, land surveying, platting, and ROW information, as well as the City's Standard Street Construction, and Stormwater/Erosion Control Details are available on the City of Wheat Ridge website at: www.ci.wheatridee.co.us Please include 1 hardcopy of each document accompanied by electronic files in PDF format for all documents accompanied by an AutoCAD 2007 DWG file of the Plat with the next submittal. The electronic files may be delivered either on CD -ROM with the hardcopy submittal or sent by e -mail to me at: dbrossmanrkei.NN'licatrid2e.co.us . w ww.d.wheatridge.co.us 5801 W381h Ave - InCamation Sub FDR -MG -Plat - review3 Itr.docx Public Works Engineering August 14, 2013 Page 8 NOTE: Incomplete submittals are not considered as being under review. The above comments are as of the date reviewed and may not reflect all comments from other departments or reviewing agencies. If you have any questions, please contact me at 303.235.2864. Sincerely, David F. Brossman, P.L.S. Development Review Engineer/ City Surveyor CC: Steve Nguyen, Engineering Manager Meredith Reckert, Senior Planner Bill LaRow, Stormwater Program Manager File www.ci.wheatridge.co.0 s 5801 W38th Ave - InCarnation Sub FDR -MG -Plat - review3 Itr.docx Meredith Reckert From: Meredith Reckert Sent: Monday, August 05, 2013 2:14 PM To: Joel Seamons (Joel @parkengineering.net) Cc: dbrossman @ci.wheatridge.co.us Subject: Incarnaton Hi, Joel I have only three small items relating to modifications for mylars for the Incarnation project. Subdivision plat — • no changes Planned Building Group — • on Sheet in the drawing, the street that dead -ends at the western property line is shown as being called both W. 39 Place and W. 39 Avenue. The correct name is W. 39 Place. • Addresses should be added, perhaps onto sheet 2 unless that makes it illegible. Let me know what you think. • The elevations for the single family (Sheet 5) and patio homes (Sheet 6) should be removed and the other sheets renumbered accordingly. Both of the documents must be blackline mylars with original signatures of the property owner, lien holder and surveyor. Signatures should be in black, indelible ink. They should be submitted to us for our signatures — recording fees are $11 per page. Prior to making the mylars, make sure you have incorporated any comments Dave Brossman may have. If you have questions, please let me know. Meredith Meredith Reckert, AICP Senior Planner 7500 W. 29 Avenue Wheat Ridge, CO 80033 Office Phone: 303 -235 -2848 FAX: 303 - 235 -2857 www.ci.wheatridpe.co.us City of d� gc � � Wh6atBj* MUNITY ID EVEt,OPMEN7 CONFIDENTIALITY NOTICE: This e-mail contains business - confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. � - J City of Wheat dge COMMUNITY DEVELOPMENT .3 City of Wheat Ridge Municipal Building 7500 W. 29` Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 July 18, 2013 Keith Gallegos Urban Green Development 621 17 St. Denver, CO 80293 Dear Mr. Gallegos: At its meeting of July 8, 2013, City Council APPROVED Case No. MS- 13 -02, a request for approval of a two -lot subdivision plat with a right -of -way dedication for property zoned Residential —Three (R -3) and Neighborhood Commercial (NC) located at 5801 W. 38` Avenue /4000 Fenton Court for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26 -109 and 26 -407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The Subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. The applicant pay a fee -in -lieu of parkland dedication prior to the issuance of the first building permit in the amount of 50% of the required fee as determined by a certificated appraisal of the property as calculated per Section 26- 421.F.2 of the Code OR $89,500, whichever is less, with 100% of the fee to be paid to the City to be used as allowed by Section 26- 421.F.4 of the Code. Enclosed is a copy of the signed resolution and a copy of the minutes stating Council's decision. If you have not done so already, please remove the posting signs associated with this case from the property. Please feel free to contact me at 303 - 235 -2846 if you have any questions. Sincerely, Kim Waggoner Administrative Assistant Enclosure: Copy of Resolution Draft of Minutes cc: MS -13 -02 (case file) MS 1302_UGD.doc www.d.wheatridge.co.us CITY OF WHEAT RIDGE, COLORADO Resolution No. 23 Series of 2013 TITLE: A RESOLUTION APPROVING A TWO- LOT SUBDIVISION PLAT WITH A RIGHT -OF -WAY DEDICATION FOR PROPERTY ZONED RESIDENTIAL -THREE (R -3) AND NEIGHBORHOOD COMMERCIAL (NC) LOCATED AT 5801 W. 38 AVENUE /4000 FENTON COURT (CASE NO. MS -13 -02 1INCARNATION) WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws establishes the procedures for the City's review and approval of Subdivision Plats; and, WHEREAS, an application for a subdivision plat was received from Urban Green Development to subdivide property located at 5801 W. 38 Avenue /4000 Fenton Court in a Residential -Three Neighborhood - Commercial zone district; and, WHEREAS, all referral agencies have reviewed the request and do not have concerns; and, WHEREAS, all required publishing, posting and notification requirements for a July 8, 2013 City Council public hearing have been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A TWO -LOT SUBDIVISION PLAT WITH A RIGHT -OF -WAY DEDICATION FOR PROPERTY ZONED RESIDENTIAL -THREE (R -3) AND NEIGHBORHOOD COMMERCIAL (NC) LOCATED AT 5801 W. 38 AVENUE /4000 FENTON COURT (CASE NO. MS -13 -02 /INCARNATION) IS HEREBY APPROVED FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26 -109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. The applicant pay a fee -in -lieu of parkland dedication prior to the issuance of the first building permit in the amount of 50% of the required fee as determined by a certified appraisal of the property as calculated per Section 26- 421.F.2 of the Code OR $89,500, whichever is less, with 100% of the fee to be paid to the City to be used as allowed by Section 26- 421.F.4 of the Code. DONE AND RESOLVED by the City Council this 8 of July 2013. �rynrullio, Mayor ATTEST: / X lwa- 4mt Janelle Shaver, City Jerk W H U, SEAL) CAL 0RPi City Council Minutes July 8, 2013 Page 3 Neighborhood Commercial (NC) located at 5801 W. 38" Avenue /4000 Fenton Court (Case No. MS -13 -02 /Incarnation) Mayor DiTullio opened the public hearing. Council Member Davis introduced Resolution 23 -2013. Staff Report: Meredith Reckert provided Council with a digital presentation which states that the applicant is requesting approval of a two -lot subdivision plat for property zoned R -3 and NC at 5801 W. 38th Avenue /4000 Fenton Court. The purpose of the request is to prepare the site for development of 26 new residences and to dedicate street right-of- way. Applicant: Mark Young, Denver, addressed Council regarding the extra steps they have taken to provide Wheat Ridge with the best product possible. They have exceeded all of the outlines that have been placed on them from the Planning Commission. Asked for Council to reconsider the fees that the Parks Commission has stated are necessary to receive their approval. Public Comment: Sheldon Ronholdt, 4075 Fenton Court, spoke in opposition of the planned development. Ellen Goodnight, 5825 W. 39 Avenue, stated some opposition of the planned development and hopes that Council can be proactive and address her concerns. Brenda Hurley, 4090 Fenton Court, spoke in opposition of the planned development. 7 :46 pm: Mayor DiTullio took a five minute recess so the City Attorney could research the issue. 7 :51 pm: Mayor DiTullio reconvened the meeting Mayor DiTullio closed the public hearing. Motion by Councilmember Davis to approve Resolution No. 23 -2013 a resolution approving a two -lot subdivision plat with a right -of -way dedication for property zoned Residential -Three (R -3) and Neighborhood Commercial (NC) located at 5801 W. 38 Avenue /4000 Fenton Court, for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26 -109 and 26 -407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation. City Council Minutes July 8, 2013 Page 4 3. The Subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws; seconded by Councilmember Reinhart; Motion by Councilmember Davis to amend the main motion that the applicant pay a fee -in -lieu of parkland dedication prior to the issuance of the first building permit in the amount of 50% of the required fee as determined by a certified appraisal of the property as calculated per Section 26- 421.F.2 of the Code OR $89,500, whichever is less, with 100% of the fee to be paid to the City to be used as allowed by Section 26- 421.F.4 of the Code; seconded by Councilmember Pond; carried 8 -0. Main motion carried 8 -0 8:15 pm: 5 minute break called by Mayor DiTullio 8:20 pm: Mayor DiTullio reconvened the meeting 3. Resolution No. 22 -2013 — A Resolution approving a 48 -Lot Subdivision Plat with Right -of -Way Dedications for Property Zoned Planned Residential Development (PRD) Located at 11885 W. 38 Avenue (Case No. WS-1 3-01 /Doud Overlook) Mayor DiTullio opened the public hearing. Council Member Pond introduced Resolution 22 -2013. Staff Report: Meredith Reckert provided Council with a digital presentation showing that the applicant is requesting approval of a 48 -lot subdivision plat with right -of -way dedications for property zoned Planned Residential Development (PRD) located at 11885 W. 38" Avenue. The purpose of the subdivision is to prepare the property for development of a new residential subdivision. Applicant: Rip Reid, spoke in behalf of his company stating their goals of creating a new subdivision. They are under contract to purchase the land from the original developer. Russ Burrows, consulting Civil Engineer, answered questions regarding the detention pond that is proposed for the site. Public Comment: Ava Nagy, 3834 Union Court, wants two lots eliminated in order to keep lot sizes similar to those of the existing neighborhoods to the east and west. Ken Asbury, 3882 Union Court, is happy with the developer as they appear to have a good product but is also concerned with lot sizes adjacent to his neighborhood. Marilyn Fisher, 3850 Union Court, is also happy with the developer as they appear to have a good product but is also concerned with lot sizes adjacent to his neighborhood. Meredith Reckert From: Meredith Reckert Sent: Thursday, July 11, 2013 3:46 PM To: 'jmorris @mpconstruct.com'; keith @ugddenver.com Cc: John Schumacher; dbrossman @ci.wheatridge.co.us Subject: Next steps Gentlemen I wanted to follow -up with regard to the next steps for the Incarnation project which was approved by City Council Monday evening. Jason was asking about addresses for permit submittal so thought I drop a quick line to detail what needs to happen. Prior to the issuance of permits for construction, the following has to occur: • A final drainage report and Civil design documents need to be submitted to Public Works for review — this should include a sheet with overall landscape plan for the development with streetscape details. • A Subdivision Improvements Agreement must be executed with security based on cost estimate prepared by your engineer. The plat needs to be recorded so that the right of way is formally dedicated — must be a blackline mylar with original signatures of the property owner and surveyor. Once submitted to us, we get city signatures and take to the county to get recorded. Recording fees are $11. The PBG needs to be recorded - would like to see a modified plan set with only Sheets 1, 2, 3, 4, 7, 8, 9 and 10. Addresses should be added — perhaps onto sheet 2. Must be a blackline mylar with original signatures of the property owner and surveyor. Once submitted to us, we get city signatures and take to the county to get recorded. Recording fees are $11. It sounds like the building plan check is taking from 4 — 6 weeks. The plan check can occur concurrently as the civil review but no permits will be issued until all of these items are in place. Let me know if you have any questions or if I missed something. Meredith Meredith Reckert, AICP Senior Planner 7500 W. 29` Avenue Wheat Ridge, CO 80033 Office Phone: 303 - 235 -2848 FAX: 303 - 235 -2857 www.cimheatridge.co.us ' City of OPIA Wheat �e A D FVELC►PMENT CONFIDENTIALITY NOTICE: This e-mail contains business - confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. Meredith Recke From: Kenneth Johnstone Sent: Tuesday, July 09, 2013 8:14 AM To: Meredith Reckert; Bruce Roome; Gerald E. Dahl (gdahl @mdkrlaw.com) Subject: Incarnation Subdivision Plat condition of approval My language for the condition would be as follows: with the condition that "The applicant pay a fee -in -lieu of parkland dedication prior to the issuance of the first building permit in the amount of 50% of the required fee as determined by a certified appraisal of the property as calculated per Section 26- 421.F.2 of the Code OR $89,500, whichever is less, with 100% of the fee to be paid to the City to be used as allowed by Section 26- 421.F.4 of the Code." This language expands on Ms. Davis specific wording to capture fully the intent of her condition. Please let me know if you concur. Thanks. Ken Johnstone, AICP Community Development Director 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303 -235 -2844 Fax: 303 - 234 -2824 www.ci.wheatridge.co.us `� City of W heate CClA1MUfNItY D f.Vf t�r MENl CONFIDENTIALITY NOTICE: This e-mail contains business - confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. 00 N O W n cD O W O N n OEM. 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Q 0 0 im H O O city of 1�l l bL•L�r 41 D � t heat i l ITEM NO: DATE: July 8, 2013 REQUEST FOR CITY COUNCIL ACTION '��r�L� .ors `"����► `� TITLE: RESOLUTION NO. 23 -2013 — A RESOLUTION APPROVING A TWO -LOT SUBDIVISION PLAT WITH A RIGHT -OF -WAY DEDICATION FOR PROPERTY ZONED RESIDENTIAL - THREE (R -3) AND NEIGHBORHOOD COMMERCIAL (NC) LOCATED AT 5801 W. 38 AVENUE /4000 FENTON COURT (CASE NO. MS -13 -02 /INCARNATION) ® PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING ❑ BIDS /MOTIONS ❑ ORDINANCES FOR 2" READING ® RESOLUTIONS QUASI- JUDICIAL: i S ❑ NO Ddlv City Manager ISSUE: The applicant is requesting approval of a two -lot subdivision plat for property zoned R -3 and NC at 5801 W. 38` Avenue /4000 Fenton Court. The purpose of the request is to prepare the site for development of 26 new residences and to dedicate street right -of -way. PRIOR ACTION: Planning Commission recommended approval of this subdivision request on June 20, 2013. They also approved an accompanying Planned Building Group (PBG) site plan application with setback variances for construction of the 26 residential units. Approval of these portions of the request occurred at public hearings held on May 16 and June 20, 2013. Per code, Planning Commission is the final authority for PBG site plans. Any appeal is forwarded directly to Jefferson County District Court. Attached for reference purposes only is a sheet from the PBG plan set showing building layout. (Attachment 4, PBG site plan) The staff report and meeting minutes from the June 20, 2013 Planning Commission public hearing regarding the subdivision case have been attached. Case Nos. MS -13 -02 /Incarnation Council Action Form July 8, 2013 Page 2, FINANCIAL IMPACT: Fees in the amount of $2,690 were collected for the review and processing of Case Nos. WA -13- 05 (setback variances), PBG -13 -01 (Planned building group site plan) and MS -13 -02 (subdivision plat). BACKGROUND: The property is located at 5801 W. 38 Avenue and is zoned primarily Residential -Three (R -3) which is described as a medium to high density zoning district. The property is a flag lot, with a narrow strip of land connecting the parcel to W. 38 Avenue; this narrow strip, referred to as the "pole," is 16.5 feet wide and extends nearly 650 feet. The southern half of the pole is zoned Neighborhood - Commercial (NC). The main portion of the lot is located at Fenton Court and W. 39 Place, both extended, and has an area of approximately 2.26 acres. Including the pole portion, the entire lot is about 2.5 acres in size. Historically, the site was used for growing carnations. Two accessory structures on the western half of the lot were recently demolished. A farmhouse is located in the northeast corner of the property which will be incorporated into the development. Based on Jefferson County assessor records, the house was originally constructed in 1877. Access onto the property for the greenhouse use was gained from 38 Avenue through the pole. The property is embedded in a residential neighborhood. To the north, south, and west are parcels zoned R -3 with single and two - family homes and several multi - family apartment buildings to the northwest. To the east are parcels zoned R -1 A with single - family homes on large lots. Proposed plat The proposed plat document is comprised of two sheets (Exhibit 4 of Planning Commission staff report). Sheet l is the declaration page and contains the legal description, required signature blocks for recording and notes. Sheet 2 contains the layout of the subdivision. While the dwelling units will be a "for sale" product, the purchase will be condominium -style where the interior space of the units is owned by individuals but the underlying property is commonly owned. All of the units' exteriors and grounds will be maintained by the Homeowners' Association (HOA). The plat depicts two parcels. Lot 1 corresponds with Parcel B of the PBG and will contain the four single- family homes in the northwest corner of the property. Lot 2 corresponds to Parcel A of the PBG and includes the 16.5 x 646 -foot "pole" which extends south to West 38 Avenue. Structures included in Lot 1 are the remaining units — three single - family homes and a duplex in the northeast quadrant of the property, the two row house buildings containing 11 units and the three duplex structures on the south end of the site. Both lot sizes are consistent with the density standards in the R -3 zone district. A 20- foot -wide sanitary sewer easement traverses the property from south to north to accommodate an existing sewer line. The PBG design designates this area as open space with no permanent structures. Council Action Form July 8, 2013 Page 3 Currently, Fenton Court and W. 39 Place dead end at the property boundaries. These roads will be continued into the lot to intersect and be dedicated as public right -of -way by this plat. The width of the right -of -way dedication is 47 feet. This street section will accommodate two travel lanes, a five- foot -wide tree lawn, and five- feet -wide detached walks on both sides of the street. This roadway section does not accommodate on- street parking. The "pole" portion of the property or alley measures 16.5 -foot wide x 646 -foot long and was historically used for access to the site. While it is not wide enough to accommodate a dedicated public street, it can function as an alley. Many of the property owners on Eaton Street whose rear property lines abut the alley have used it through the years for access to the rear of their properties. As such, the alley will be used for pubic pedestrian access and private vehicular access. An easement has been included on the plat regarding use of this area. The application has been through the standard referral process with no concerns raised by any outside agencies or City departments. A separate referral process will be required as part of any future site development. All proposed improvements will be installed at the developers' expense. The Parks Commission is recommending fees in lieu of land dedication for parkland needs. The amount will be based on the anticipated value of the land after land entitlements have been approved and subdivision improvements have been installed. This valuation will be determined by a certified appraiser, and the cost will be borne by the applicant at the time of subdivision platting. The fees will be required prior to issuance of building permits for home construction on the property. The applicant intends to appeal the anticipated fees to City Council based on the cost of private amenities provided in the development. (Attachment S, letter of appeal) RECOMMENDED MOTION: "I move to approve Resolution No. 23 -2013 a resolution approving a two -lot subdivision plat with a right -of -way dedication for property zoned Residential -Three (R -3) and Neighborhood Commercial (NC) located at 5801 W. 38 Avenue /4000 Fenton Court, for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26 -109 and 26 -407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The Subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws." Or, "I move to deny Resolution No. 23 -2013 a resolution approving a two -lot subdivision plat with a right -of -way dedication for property zoned Residential -Three (R -3) and Neighborhood Commercial (NC) located at 5801 W. 38 t11 Avenue /4000 Fenton Court, for the following reasons: Council Action Form July &, 2013 Page 4 1. 2. 3. and to direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at the next available regular business meeting." REPORT PREPARED /REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Resolution No. 23 -2013 2. Planning Commission staff report 3. Planning Commission minutes 4. Approved PBG site plan 5. Applicant's letter of appeal on park fee CITY OF WHEAT RIDGE, COLORADO Resolution No. 23 Series of 2013 TITLE: A RESOLUTION APPROVING A TWO- LOT SUBDIVISION PLAT WITH A RIGHT -OF -WAY DEDICATION FOR PROPERTY ZONED RESIDENTIAL -THREE (R -3) AND NEIGHBORHOOD COMMERCIAL (NC) LOCATED AT 5801 W. 38 AVENUE /4000 FENTON COURT (CASE NO. MS -13 -02 /INCARNATION) WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws establishes the procedures for the City's review and approval of Subdivision Plats; and, WHEREAS, an application for a subdivision plat was received from Urban Green Development to subdivide property located at 5801 W. 38 Avenue /4000 Fenton Court in a Residential -Three Neighborhood - Commercial zone district; and, WHEREAS, all referral agencies have reviewed the request and do not have concerns; and, WHEREAS, all required publishing, posting and notification requirements for a July 8, 2013 City Council public hearing have been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A TWO -LOT SUBDIVISION PLAT WITH A RIGHT -OF -WAY DEDICATION FOR PROPERTY ZONED RESIDENTIAL -THREE (R -3) AND NEIGHBORHOOD COMMERCIAL (NC) LOCATED AT 5801 W. 38 AVENUE /4000 FENTON COURT (CASE NO. MS -13 -02 /INCARNATION) IS HEREBY APPROVED FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26 -109 and 26 -407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. DONE AND RESOLVED by the City Council this 8 tH day of July 2013. Jerry DiTullio, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 I City of "� Wheat �idge COMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: M. Reckert DATE: June 20, 2013 CASE NO. & NAME: ACTION REQUESTED: LOCATION OF REQUEST: OWNER (S): APPROXIMATE AREA: Case No. MS -13 -02 /Incarnation Approval of a two -lot subdivision plat 5801 W. 38` Avenue /4000 Fenton Court Urban Green Development 2.5 acres PRESENT ZONING: Residential Three (R -3) and Neighborhood Commercial (NC) ENTER INTO RECORD: (X) (X) SUBDIVISION REGULATIONS CASE FILE & PACKET MATERIALS (X) DIGITAL PRESENTATION Planning Commission MS -13 -02 /Incarnation Attachment 2 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a two -lot subdivision with right -of -way dedications on property zoned Residential -Three (R -3) and Neighborhood Commercial (NC) located at 5801 W. 38` Avenue /4000 Fenton Court. Because this plat has a right -of -way dedication, Planning Commission will be providing a recommendation to City Council who will be the final authority for approval. II. PROPERTY DESCRIPTION/ HISTORY The property is located at 5801 W. M h Avenue and is zoned primarily Residential -Three (R -3). The property is a flag lot, with a narrow strip of land connecting the parcel to W. 38` Avenue; this strip is 16.5 feet wide and extends nearly 650 feet. The southern half of the "pole" is zoned NC. The main portion of the lot is located at Fenton Court and W. 39` Place, both extended, and has an area of approximately 2.26 acres. Including the flag pole portion, the entire lot is about 2.5 acres in size. (Exhibit 1, Aerial photo) The property is embedded in a residential neighborhood. To the north, south, and west are parcels zoned R -3 with single- and two- family homes and several multi - family apartment buildings to the northwest. To the east are parcels zoned R -IA with single - family homes on large lots. (Exhibit 2, zoning map) Historically, the site was used for growing carnations. Two accessory structures on the western half of the lot were recently demolished. A farmhouse is located in the northeast corner of the property which will be incorporated into the development. Based on Jefferson County Assessor records, the house was originally constructed in 1877. Access into the property for the greenhouse use was gained from 38` Avenue through the "flagpole ". III. PLAT DESIGN The proposed plat document is comprised of two sheets. (Exhibit 3, Reduced copy of original plat document) Sheet 1 is the declaration page and contains the legal description, required signature blocks for recording and notes. The notes, among other things, contain the city's standards language regarding easements and detention pond maintenance. Sheet 2 contains the layout of the subdivision. The plat depicts two parcels. While the dwelling units will be a "for sale" product, the purchase will be condominium -style where the interior space of the units is owned by individuals but the underlying property is commonly owned. All of the units' exteriors and grounds will be maintained by the Homeowners' Association (HOA). Lot 1 corresponds with Parcel B of the Planned Building Group (PBG) and will contain the four single family homes in the northwest corner of the property. Lot 2 pertains to Parcel A of the PBG and includes the 16.5' x 646' "pole" which extends south to West 38' Avenue. Structures included in Lot 1 are the remaining units — three single family homes and a duplex in the northeast quadrant of the property, the two Planning Commission 2 MS -13 -02 /Incarnation rowhouse buildings containing eleven units and the three duplex structures on the south end of the site. Both lot sizes are consistent with the density standards in the R -3 zone district. A 20' wide sanitary sewer easement traverses the property from south to north to accommodate an existing sewer line. The PBG design designates this area as open space with no permanent structures. Street design Currently, Fenton Court and W. 39` Place dead end at the property boundaries. These roads will be continued into the lot to intersect and be dedicated as public right -of -way. The width of the right -of- way dedication is 47 feet (see image below). This street section will accommodate two travel lanes, a 5 -foot wide tree lawn, and 5' wide detached walks on both sides of the street. This roadway section does not accommodate on- street parking. The right -of -way will be dedicated by the plat document. 47' Minimum ROW 5' Min. 5' Min. 12.5' 11' 1 11' 12.5' 5' Min. 15' Min. Side- walk Buffer/ Lane Lane Buffer/ J Side - menrtie walk Cross - Section L2: 2 -Lane Local Because the existing W. 39` Place has a substandard street width, the new roadway section will need to taper where it approaches the western property line. The pavement widths will be similar and the detached sidewalks will transition to meet the existing attached sidewalk. The "flagpole" portion of the property measures 16.5' wide x 646' long and was historically used for access to the site. While it is not wide enough to accommodate a dedicated public street, it can function as an alley. At the May 16 public hearing several property owners on Eaton Street indicated they have used this "alley" to access the rear of their properties. Based on this testimony, the PBG design has been modified to provide public pedestrian access and private vehicular access to 38 Avenue. An easement has been added to the plat regarding use of this area. (Exhibit 4, Full -sized copy of revised sheets I and 2) Storm drainage design The subdivision storm sewer system has been designed to provide storm curb inlets in the street that will collect the runoff from parking areas, drives and structures, and then be piped through either a "Stormceptor" or "Snout" stormwater treatment system before entering into an underground storage tank. Other area inlets will collect runoff from the grass area and discharge directly into the Planning Commission 3 MS -13 -02 /Incarnation underground storage tank. Water from the tank will then be released below the historical rate into the existing storm sewer in Fenton Court. Because most of the system is subterranean, only one drainage /detention easement is required to be shown on the plat. IV. AGENCY REFERRALS All affected service agencies were contacted regarding their ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development. Specific referral responses follow. Xcel Energy: Can serve. Wheat Ridge Sanitation District: Has an existing 8" main extending south to north through the property. Wheat Ridge Fire Protection District: Additional hydrants will be required to meet the water supply requirements of the District. Wheat Ridge Building Division: Has conversed with the contractor regarding the building permit review process. Wheat Ridge Police: No concerns. Wheat Ridge Public Works: Has reviewed drainage report and traffic plans. They have concluded that the existing street network system can adequately handle the traffic generated by the proposed development. Wheat Ridge Parks and Recreation Department: The Parks Commission is recommending fees in lieu of land dedication for parkland needs. The amount will be based on the anticipated value of the land after land entitlements have been approved and subdivision improvements have been installed. This valuation will be determined by a certified appraiser, the cost of which will be born by the applicant at the time of subdivision platting. The fees will be required prior to issuance of building permits for home construction on the property. The applicant intends on appealing the anticipated fees to City Council based the cost of private amenities provided in the development. V. STAFF CONCLUSION Staff concludes that the proposed plat is consistent with the design concept represented by PBG- 13 -01. Staff further concludes that all requirements of Article IV of zoning and development code have been met. For these reasons, a recommendation of Approval is given for Case No. MS -13 -02 with conditions itemized in the Option A recommended motion. VI. RECOMMENDED MOTIONS Option A: "I move to recommend APPROVAL of Case No. MS- 13 -02, a request for approval of a two -lot subdivision plat for property located at 5801 W. 38` Avenue /4000 Fenton Court, for the following reasons: Planning Commission 4 MS -13 -02 /Incarnation I . The proposed plat is consistent with the design concept approved in PBG -13 -01 approval. 2. The plat accommodates historical use of the strip of land extending out to 38` Avenue for access by adjacent properties on Eaton Street. 3. All requirements of the subdivision regulations have been met. 4. Utility districts can serve the property with upgrades at the developer's expense. With the following conditions: 1. City staff will require submittal of HOA covenants to ensure that there are adequate provision for maintenance of the common elements." Option B: "I move to recommend DENIAL of Case No. MS- 13 -02, a request for approval of a two - lot subdivision plat for property located at 5801 W. 38` Avenue /4000 Fenton Court, for the following reasons: 2." 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GE X.d 6 woc 6 5 - 'J - AMC, (SONW38 4 A) � "O.qco r, W"1 s 3NI A 'x 3st/ was moved by Commissioner OHM and seconded by Commissioner BU to a rove Case No. PBG- 13 -01, a request for approval of a , planned buil group 'te on property zoned R -3 and NC at 5801 W. 38' Avenue /4000 Fei Court fo a following reasons: 1. The pro sed site plan is less impactive and more in charac r with the neighborho than traditional multi - family development 2. The application c plies with the applicable stand /dset forth in the Archilectural and Si esiQn Manual. 3. The application is in compN#nce with the PJ#G evaluation criteria. With the following conditions: 1. The applicant continue workin ith planning staff to ensure the requirements for fagade trea ent, antic tion and transparency can be met. 2. A six foot high solid rimeter fence be built arou the "flag" portion of the development. 3. The entry p age accessing the existing single family show be w;awest to a minimum 20 feet. 4. The plicant work with staff to add additional trees on the south si s to screen the two and three story homes. approved 7 -0. Commissioner GUILDNER left the hearing at 8:38 p.m. B. Case No. MS- 13 -02 An application filed by Urban Green Development for approval of a 2 -lot subdivision with right -of -way dedication located at 5801 W. 38` Avenue /4000 Fenton Court. This case was presented by Meredith Reckert. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear this case. She reviewed the staff report. The projector was not working so the digital presentation could not be viewed on the screen and monitors on the dais. Staff recommends approval of the 2 -lot subdivision. Commissioner BUCKNAM noted a typographical error on sheet 1, item 3 of the plat document. He asked if the street being dedicated will be addressed Fenton Ct. until it meets 39 Pl. Ms. Reckert stated yes. Planning Commission Minutes -6— June 20, 2013 Attachment 3 Commissioner MATTHEWS stated there minimal impact on Commissioners due to the lack of the audio /visual as they have had their packet with a complete set of plans since last Friday. Commissioner TIMMS asked if the proposed subdivision rendered the existing house non - confirming based on the setbacks. Ms. Reckert stated no. Chair BRINKMAN asked if there are cofferdams on the storm sewer or is it more traditional. Mr. Westberg stated they will have to install a storm sewer line down Fenton. That will be reviewed with the final documents. Chair BRINKMAN closed the public hearing. It was moved by Commissioner BUCKNAM and seconded by Commissioner OHM to approve Case No. MS- 13 -02, a request for approval of a 2 -lot subdivision plat for property located at 5801 W. 38 Avenue/4000 Fenton Court for the following reasons: 1. The proposed plat is consistent with the design concept approved in PBG -13-01 approval. 2. The plat accommodates historical use of the strip of land extending out to 38 1b Avenue for access by adjacent properties on Eaton Street. 3. All requirements of the subdivision regulations have been met. 4. Utility districts can serve the property with upgrades at the developer's expense. With the following conditions: City staff will require submittal of review and approval of HOA covenants to ensure that there are adequate provisions for maintenance of the common elements. 2. Typographical errors be corrected on the plat documents. Motion approved 6 -0. Chair BRIKMAN stated this case will be heard by City Council on July 8th. 8. OTHER ITEMS A. Commissioner BUCKMAN asked staff about neighborhood meeting requirements. Ms. Reckert stated the PBG process is a discretionary review for design. Density, nuisance and zoning are not being reviewed. Special uses and zone changes require Planning Commission Minutes -7— June 20, 2013 CD C PHASE IV PHASE 7 0 C 5 0 Ii Co 4 rQ 0 rD . Attachment 4 a C- it 'J S 00 0, G 1 g'jF u -j!411 ''j# I fit 1 � - - - - - - - - - - - - - J:T- ; - - ----- --- (D Cr G 1 IMt 'P; lip ,111 Mi C q IN 4' WE Q Q 4- 0 D b (DOR all �;jjl ; fly r) TIT I CD C PHASE IV PHASE 7 0 C 5 0 Ii Co 4 rQ 0 rD . Attachment 4 a C- it 'J S 00 0, G 1 g'jF u -j!411 ''j# I fit 1 � - - - - - - - - - - - - - J:T- ; - - ----- --- (D Cr G 1 IMt 'P; lip ,111 Mi C q IN 4' WE Q Q 4- 0 D b (DOR all �;jjl ; fly TIT CD C PHASE IV PHASE 7 0 C 5 0 Ii Co 4 rQ 0 rD . Attachment 4 a C- it 'J S 00 0, G 1 g'jF u -j!411 ''j# I fit 1 � - - - - - - - - - - - - - J:T- ; - - ----- --- (D Cr G 1 IMt 'P; lip ,111 Mi C q IN 4' WE Q Q 4- 0 D b (DOR all �;jjl ; fly As part of the process for our PBG and Subdivision the parks commission reviewed the application and determined that a cash -in -lieu payment for park fees would be preferable over a land dedication. After meeting with the city staff it was determined that the fee assessed would be about $179,000. Staff has also indicated that the fee is being determined differently now then it has been in the past. Historically the fee would be about $1,500 per unit rather than $7,000 per unit. We are appealing the fee and we ask for relief on the amount of the fee and we ask that the city council direct the fee to be used on site for improvements. A quick review of the code will help us understand the purpose of the fee, the intentions behind the assessment and how the fee should be used. Parkland dedication. At the time of subdivision for new residential development, the city shall review the proposal for impact to the city's current parkland and parks and recreation programs. A recommendation shall be made whether the city shall require a dedication of a portion of the total site acreage of the development for park, parkland and recreation purposes or fees in lieu of dedication as specified below, or a combination of land and cash in lieu of land. If land dedication is recommended, the land dedicated shall be a developed park constructed to city standards and specifications. Ownership shall transfer to the city at the time the plat is recorded. If cash in lieu of dedication is required, the amount will be paid prior to building permit issuance. Note from the applicant: This part of the code clearly states that the assessment can be for land or cash or a combination of land and cash. 4. Credit toward park land dedication requirements or a portion thereof, may be considered for the followine• a. Throueh the provision of private on -site recreation facilities, provided that such facilities: iD Are adequate to meet the needs of the development, or ( 2 ) Replace or supplement facilities that would generally be provided by the city. b. Throueh the provisions of trails. Trails are considered a normal element of an appropriately planned development. Credit for trails shall be considered only under the following circumstances: Attachment 5 W The trail provides linkages for the community to local parks, schools and other activity areas. (2) The trail provides linkages for the community to regional parks, trails or open space as specified in the parks and recreation master plan. (3) The trail is not located within an exclusive utility or other easement, public street right -of -way, regulations or an area with topographical or hazardous obstructions that would preclude development of a trail. Note from the applicant: Our Project includes private on -site recreation facilities sufficient to serve the needs of the community. So it meets the criteria for Credit towards park land dedication. Perhaps more significant is our trail system. We have a trail that is dedicated as a public pedestrian access that connects the community to be built as well as the surrounding neighbors with access to the 38' Avenue Corridor Plan. The preservation of this land for this purpose not only serves the project but also was something specifically requested by the adjacent property owners. This is also a criteria specifically called out in the code as qualifying for Credit toward parkland dedication. As these are private improvements it should be noted that the maintenance of the private on -site recreation facilities as well as the trail system will remain the ongoing responsibility of the development so in essence the contribution continues unlike a one time cash -in -lieu payment. C. Unless specifically approved by city council or the planning commission, credit for private, on -site recreation facilities shall not exceed fifty (50) percent of the total park land acreage required to be dedicated. Note from the applicant: It would seem clear that the project should qualify for the 50% credit for the park land dedication. Council has the authority to recognize the contribution as being worth more than the 50% provided by code. For your consideration we would like you to consider the following: We are creating one of the nicest projects in Colorado. There is no question that our project will rival Aria , Stapleton and Midtown in the quality of the neighborhood, product and community. We must also necessarily compete with those projects. Our work will be published, promoted and will bring a lot of positive attention to Wheat Ridge. We have spared no expense in making this a quality project. Some of the things that we have done which are expensive but contribute to the quality of life are: Underground detention, detaining the water underground is very expensive compared to above ground detention. This may cost us in excess of $70,000 but it greatly enhances the lot. Every foot not in detention is a foot of useable land for recreation /community use. We saved over 15,000 square feet of land. Community areas we have provided on site areas for dog parks and community gardens. We have exceeded the minimum design requirements required by code in every category from landscaped area (42% landscaped area where 30% is required), tree and shrub count, energy efficiency and quality of life. We have spared no expense in making this a great community and a wonderful place to live. We have provided for park facilities and trail connections, infrastructure and design standards that exceed the requirements of other projects thus we would ask that the City Council recognize our contributions and accept them as credit for 100% of our park land contribution. Our second argument: The code says F. Cash in lieu of land dedication. In the event a land dedication as set forth above is not approved, then a cash contribution in lieu of land dedication shall be required. 2. The cash contribution shall be calculated using the following formula: A Total acreage for dedication multiplied by the dollar value per acre as determined by market value = total cash amount required. b. The cash -in -lieu fee shall be equivalent to the full 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. 3. The cash contribution shall be made prior to issuance of a building permit. 4. The funds shall be separately accounted for and shall be used to acquire, if possible under the circumstances, park land within three - fourths (%) of a mile of the area being developed or for greenbelt purposes, park land and park capital improvements. Note from the applicant: The area has sufficient parks and there are no needs for capital improvements. The needs of the community are served on site. The applicant is unaware of any potential use of the funds within' /. of a mile of the project. I:A Test of reasonableness. All exactions required by the City of Wheat Ridge, whether on or offsite, must be reasonable, directly attributable to the project and for a legitimate purpose. Any exaction required must be in the public's and property owner's best interests. Note from the applicant: After meeting with the city staff it was determined that the fee assessed would be about $179,000. Staff has also indicated that the fee is being determined differently now then it has been in the past. Historically the fee would be about $1,500 per unit rather than $7,000 per unit. The fee represents 25% of our development costs. It is unreasonable to assess such a high fee and can not really be recovered by developer through sales. A more reasonable position for the city to take is to recognize the contribution by the applicant as credit toward the park land dedication, in the event that the City council cannot recognize the benefit to the community of the improvements made by the applicant in it's totality the applicant would ask that the city assign a percentage of credit and then make a more reasonable cash -in -lieu requirement that will not make the applicant compromise their improvements to make the project financially viable. CITY OF WHEAT RIDGE NOTICE OF PUBLIC HEARING BEFORE CITY COUNCIL NOTICE IS HEREBY GIVEN that a Public Hearing to consider Case No. MS- 13 -02, filed by Urban Green Development for a 2 -lot subdivision with right -of -way dedication for property zoned Residential Three (R -3) and Neighborhood Commercial (NC) located at 5801 W. 38 Avenue /4000 Fenton Court will be held in the City Council Chambers, Municipal Building at 7500 West 29` Avenue, Wheat Ridge, Colorado, on July 8, 2013 at 7:00 p.m. All interested citizens are invited to speak at the Public Hearing or submit written comments. The full text of this notice including a map is available in electronic form on the City's official website, www.ci.wheatridge.co.us Legal Notices. Copies are also available in printed form in the Community Development Department. Published: Wheat Ridge Transcript, June 20, 2013 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge CITY COUNCIL on July 8, 2 013 at 7:00 p.m., in the Council Chambers of the Municipal Building at 7500 W. 29 Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303 - 235 -2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. The following case shall be heard: Case No. MS- 13 -02 An application filed by Urban Green Development for approval of a 2 -lot subdivision with right -of -way dedication for property zoned Residential Three (R -3) and Neighborhood Commercial (NC) located at 5801 W. 38` Avenue /4000 Fenton Court and legally described as follows: COMMENCING AT SAID NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION 24;THENCE ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION 24, NORTH 89 0 58'46" EAST A DISTANCE OF 339.17 FEET; THENCE DEPARTING SAID NORTH LINE, SOUTH 00 0 16'19" EAST A DISTANCE OF 340.00 FEET TO THE SOUTHWEST CORNER OF AUDREY SUBDIVISION RECORDED IN PLAT BOOK 9, PAGE 11, RECORDED AT THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE AND THE POINT OF BEGINNING; THENCE ALONG THE SOUTH LINE OF SAID AUDREY SUBDIVISION AND A LINE 340 FEET SOUTH OF AND PARALLEL WITH SAID NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION 24 NORTH 89 0 58'46" EAST A DISTANCE OF 322.69 FEET TO THE SOUTHEAST CORNER OF SAID AUDREY SUBDIVISION AND A POINT ON THE WEST LINE OF LOT 36, STEWART GARDENS, RECORDED IN PLAT BOOK 4, PAGE 23, SAID CLERK AND RECORDER'S OFFICE; THENCE SOUTH 00 0 16'33" EAST A DISTANCE OF 25.14 FEET TO THE NORTHWEST CORNER OF LOT 33, SAID STEWART GARDENS; THENCE ALONG THE NORTH LINE OF SAID LOT 33, SOUTH 89 0 59'57" EAST A DISTANCE OF 5.00 FEET; THENCE SOUTH 00 °16'33" EAST, 5 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID LOT 33, A DISTANCE OF 148.50 FEET; THENCE ALONG THE SOUTH LINE OF SAID LOT 33, NORTH 89 0 59'57" WEST A DISTANCE OF 5.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 33; THENCE SOUTH 00 0 16'33" EAST ALONG THE WEST LINE OF SAID STEWART GARDENS A DISTANCE OF 775.52 FEET TO THE SOUTHWEST CORNER OF SAID STEWART GARDENS AND A POINT 30 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER SAID SECTION 24, ALSO BEING THE NORTHERLY RIGHT -OF -WAY LINE OF W. 38TH AVENUE; THENCE NORTH 89 0 59'57" WEST, ALONG SAID NORTHERLY RIGHT -OF -WAY LINE, 30 FEET NORTH OF AND PARALLEL WITH SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION 24, A DISTANCE OF 16.50 FEET; THENCE NORTH 00 °16'33" WEST, PARALLEL WITH AND 16.50 FEET WEST OF SAID WEST LINE STEWART GARDENS, A DISTANCE OF 646.22 FEET TO THE NORTHEAST CORNER OF PLAT OF HOLLEY COURTS RECORDED IN BOOK 6, PAGE 69, SAID CLERK AND RECORDER'S OFFICE; THENCE ALONG THE NORTH LINE OF SAID PLAT OF HOLLEY COURTS S89 0 58'46" WEST A DISTANCE OF 306.21 FEET TO THE SOUTHEAST CORNER OF SAID HARTUNG SUBDIVISION; THENCE ALONG THE EAST LINE OF SAID HARTUNG SUBDIVISION NORTH 00 0 16'19" WEST A DISTANCE OF 302.93 FEET TO SAID SOUTHWEST CORNER AUDREY SUBDIVISION AND THE POINT OF BEGINNING; CONTAINING ±109,159 SQUARE FEET OR ±2.506 ACRES, MORE OR LESS. HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF INCARNATION CSC, A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY THESE PRESENTS DO DEDICATE TO THE CITY OF WHEAT RIDGE AND THE PUBLIC THOSE PORTIONS OF REAL PROPERTY SHOWN AS RIGHT -OF -WAY, AND DO FURTHER DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND /OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORM WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL APPURTENANCES THERETO. Kim Waggoncr, Administntivc Assistant City of " WheatR gge ;"..M.NiTy DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29` Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 CERTIFIED LETTER NOTICE (as required pursuant to Code Section 26- 109.13) June 21, 2013 Dear Property Owner: This is to inform you of Case No. MS- 13 -02, which is a request for approval of a 2 -lot subdivision with right -of -way dedication for property zoned Residential Three (R -3) and Neighborhood Commercial (NC) located at 5801 W. 38 Avenue /4000 Fenton. This request will be heard by the Wheat Ridge City Council in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. This meeting will be held on July 8, 2013 at 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and /or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303 -235 -2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. If you have any questions or desire to review any plans, please contact the Planning Division at 303 - 235 -2846. Thank you. 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Reckert DATE: June 20, 2013 CASE NO. & NAME: Case No. MS -13 -02 /Incarnation ACTION REQUESTED: Approval of a two -lot subdivision plat LOCATION OF REQUEST: 5801 W. 38 Avenue /4000 Fenton Court OWNER (S): Urban Green Development APPROXIMATE AREA: 2.5 acres PRESENT ZONING: Residential Three (R -3) and Neighborhood Commercial (NC) ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) SUBDIVISION REGULATIONS (X) DIGITAL PRESENTATION 3vt n nvt' {r i � r .r.. _ e 7 - .. ; !'A Planning Commission MS -13 -02 1Incarnation r All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a two -lot subdivision with right -of -way dedications on property zoned Residential -Three (R -3) and Neighborhood Commercial (NC) located at 5801 W. 38 Avenue /4000 Fenton Court. Because this plat has a right -of -way dedication, Planning Commission will be providing a recommendation to City Council who will be the final authority for approval. II. PROPERTY DESCRIPTION/ HISTORY The property is located at 5801 W. 38 Avenue and is zoned primarily Residential -Three (R -3). The property is a flag lot, with a narrow strip of land connecting the parcel to W. 38 Avenue; this strip is 16.5 feet wide and extends nearly 650 feet. The southern half of the "pole" is zoned NC. The main portion of the lot is located at Fenton Court and W. 39 Place, both extended, and has an area of approximately 2.26 acres. Including the flag pole portion, the entire lot is about 2.5 acres in size. (Exhibit 1, Aerial photo) The property is embedded in a residential neighborhood. To the north, south, and west are parcels zoned R -3 with single- and two- family homes and several multi- family apartment buildings to the northwest. To the east are parcels zoned R -IA with single- family homes on large lots. (Exhibit 2, zoning map) Historically, the site was used for growing carnations. Two accessory structures on the western half of the lot were recently demolished. A farmhouse is located in the northeast corner of the property which will be incorporated into the development. Based on Jefferson County Assessor records, the house was originally constructed in 1877. Access into the property for the greenhouse use was gained from 38 Avenue through the "flagpole ". III. PLAT DESIGN The proposed plat document is comprised of two sheets. (Exhibit 3, Reduced copy of original plat document) Sheet 1 is the declaration page and contains the legal description, required signature blocks for recording and notes. The notes, among other things, contain the city's standards language regarding easements and detention pond maintenance. Sheet 2 contains the layout of the subdivision. The plat depicts two parcels. While the dwelling units will be a "for sale" product, the purchase will be condominium -style where the interior space of the units is owned by individuals but the underlying property is commonly owned. All of the units' exteriors and grounds will be maintained by the Homeowners' Association (HOA). Lot 1 corresponds with Parcel B of the Planned Building Group (PBG) and will contain the four single family homes in the northwest corner of the property. Lot 2 pertains to Parcel A of the PBG and includes the 16.5' x 646' "pole" which extends south to West 38` Avenue. Structures included in Lot 1 are the remaining units — three single family homes and a duplex in the northeast quadrant of the property, the two Planning Commission 2 MS -13 -02 /Incarnation rowhouse buildings containing eleven units and the three duplex structures on the south end of the site. Both lot sizes are consistent with the density standards in the R -3 zone district. A 20' wide sanitary sewer easement traverses the property from south to north to accommodate an existing sewer line. The PBG design designates this area as open space with no permanent structures. Street design Currently, Fenton Court and W. 39` Place dead end at the property boundaries. These roads will be continued into the lot to intersect and be dedicated as public right -of -way. The width of the right -of- way dedication is 47 feet (see image below). This street section will accommodate two travel lanes, a 5 -foot wide tree lawn, and 5' wide detached walks on both sides of the street. This roadway section does not accommodate on- street parking. The right -of -way will be dedicated by the plat document. 47' Minimum ROW 5' Min. 15' Min. 12.5'1 ill I ill 12.51 5' Min. 15 Min. Side- I Buffer/ walk AmenNO Lane Lane Buffed I Side- naill 6 Cross - Section L2: 2 -Lane Local [a Because the existing W. 39` Place has a substandard street width, the new roadway section will need to taper where it approaches the western property line. The pavement widths will be similar and the detached sidewalks will transition to meet the existing attached sidewalk. The "flagpole" portion of the property measures 16.5' wide x 646' long and was historically used for access to the site. While it is not wide enough to accommodate a dedicated public street, it can function as an alley. At the May 16 public hearing several property owners on Eaton Street indicated they have used this "alley" to access the rear of their properties. Based on this testimony, the PBG design has been modified to provide public pedestrian access and private vehicular access to 38` Avenue. An easement has been added to the plat regarding use of this area. (Exhibit 4, Full -sized copy of revised sheets 1 and 2) Storm drainage design The subdivision storm sewer system has been designed to provide storm curb inlets in the street that will collect the runoff from parking areas, drives and structures, and then be piped through either a "Stormceptor" or "Snout" stormwater treatment system before entering into an underground storage tank. Other area inlets will collect runoff from the grass area and discharge directly into the Planning Commission MS -13 -02 1Incarnation underground storage tank. Water from the tank will then be released below the historical rate into the existing storm sewer in Fenton Court. Because most of the system is subterranean, only one drainage /detention easement is required to be shown on the plat. IV. AGENCY REFERRALS All affected service agencies were contacted regarding their ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development. Specific referral responses follow. Xcel Energy: Can serve. Wheat Ridge Sanitation District: Has an existing 8" main extending south to north through the property. Wheat Ridge Fire Protection District: Additional hydrants will be required to meet the water supply requirements of the District. Wheat Ridge Building Division: Has conversed with the contractor regarding the building permit review process. Wheat Ridge Police: No concerns. Wheat Ridge Public Works: Has reviewed drainage report and traffic plans. They have concluded that the existing street network system can adequately handle the traffic generated by the proposed development. Wheat Ridge Parks and Recreation Department: The Parks Commission is recommending fees in lieu of land dedication for parkland needs. The amount will be based on the anticipated value of the land after land entitlements have been approved and subdivision improvements have been installed. This valuation will be determined by a certified appraiser, the cost of which will be born by the applicant at the time of subdivision platting. The fees will be required prior to issuance of building permits for home construction on the property. The applicant intends on appealing the anticipated fees to City Council based the cost of private amenities provided in the development. V. STAFF CONCLUSION Staff concludes that the proposed plat is consistent with the design concept represented by PBG- 13 -01. Staff further concludes that all requirements of Article IV of zoning and development code have been met. For these reasons, a recommendation of Approval is given for Case No. MS -13 -02 with conditions itemized in the Option A recommended motion. VI. RECOMMENDED MOTIONS Option A: "I move to recommend APPROVAL of Case No. MS- 13 -02, a request for approval of a two -lot subdivision plat for property located at 5801 W. 38` Avenue /4000 Fenton Court, for the following reasons: Planning Commission 4 MS- 13- 02IIncarnation I . The proposed plat is consistent with the design concept approved in PBG -13 -01 approval. 2. The plat accommodates historical use of the strip of land extending out to 38` Avenue for access by adjacent properties on Eaton Street. 3. All requirements of the subdivision regulations have been met. 4. Utility districts can serve the property with upgrades at the developer's expense. With the following conditions: ; s 1. City staff will require submittal,of HOA covenants to ensure that there are adequate provision for maintenance of the common elements." Option B: "I move to recommend DENIAL of Case No. MS- 13 -02, a request for approval of a two - lot subdivision plat for property located at 5801 W. 38` Avenue /4000 Fenton Court, for the following reasons: 2." Planning Commission MS -13 -02 1Incarnation Q. Q JE ;� iF tR v T / 15k amt tsa � •ew^� EXHIBIT 1: AERIAL PHOTO � S MINWA Planning Commission 6 MS -13 -02 1Incarnation EXHIBIT 2: ZONING MAP Planning Commission MS -13 -02 /Incarnation OWNER'S CERTIFICATE WE. INCARNATION CSC, LLC, BEING THE OWNER Of REAL PROPERTY CONTAINING i ACRES DESCATSED AS FOLLOWS: DESCIOPTION: A PARCEL OF LAND BEING THAT SAME PARCEL OF LANE REFERRED TO N WARRANTY DEED RECORDED AT RECEPTION NUMBER 2012129771 RECORDED AT THE JEFFERSON COUNTY CLERK AND aCCOROERS OFFICE. STUATE WITHIN THE SOUTHWEST WARIER OF THE SOUTHEAST QUARTER SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 67H PRINCIPAL MERIDIAN, COUNTY Of JEFFERSON, STATE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS= RANGE 69 COMMENCING AT SAID NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION 24;THENCE ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION 24, NORTH 89U'46 EAST A DISTANCE OF 339.17 FEET; THENCE DEPARTING SAM NORTH LINE, SOUTH ooIS'19 EAST A DISTANCE OF 340,00 FEET TO THE SOUTHWEST CORNER OF AUDREY SUBDIVISION RECORDED IN PLAT BOOK 9, PAGE 11, RECORDED AT THE XFFERSON COUNTY CLERK AND RECORDER*S OFFICE AND THE PONT OF BEGINNINC, CONTAINING �109,159 SQUARE FEET OR *ZSOS ACRES, MORE OR LESS. HAVE LAID OUT, SUB01 AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF INCARNATION CSC, A SUSOOASFON OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND By THESE PRESENTS DO DEDICATE TO THE CITY OF WHEAT NOCE AND THE PUBLIC THOSE PORTIONS OF REAL PROPERTY SHOWN AS RIGHT- CIF' -WAY, AND DO FURTHER DEDICATE TO THE CITY OF WHEAT R0GE AND THOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, RISTALLAGON, OPERATION, MANTENANCE, REPAIR AND REPLACEMENT FOR ALL SERIACES, THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER GENES, HYDRANTS, STORM WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL APPURTENANCES THERETO. SCOTT KIERE AS MANAGER OF INCARNATION DEC, LLC 621 17TH MEET #1777 DENVER, CO. $0293 STATE OF COLORADO ) )BE COUNTY OF JEFFERSON T HE FOREGONG INSTRUMENT WAS ACKNOWLEDGED BEFORE ME TEAS —DAY OF _— &0, 20— BY---- WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRE& NOTARY PUBLIC LIEN HOLDER iE - NOUTS558 — os STATE OF COLORADO )Ss COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS ----DAY OF -- A.D. 20 sy—_— WITNESS MY HAND AND OFFICIAL SEAL MY COMMtSSON EXPIRES COUNTY CLERK AND RECORDERS CERTIFICATE STATE OF COLORADO I ) ED COUNTY OF JEFFERSON ) I HEREBY CERTIFY THAT THIS PLAT WAS FILED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO, AT --OtLOCK— M. ON THE -- DAY OF — A.D.. IN DOOR— PAGE— RECEPTION NO.-- JEFFERSON COUNTY CLERK AND RECORDER j A "A FINAL PLAT BEING A PORTION OF THE SWI14 OF THE SE114 OF SECTION 24, TOWNSHIP 3 SOUTH, WEST OF THE 6TH P.M, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET f OF 2 UWAXIS 111 #3 0 INCARNATION CSC SUBDIVISION FINAL PLA T BEING A PORTION OF THE SWI14 OF THE SE114 OF SECTION 24, TOWNSHIP 3 SOUTR RANGE 69 WEST OF THE 6TH PM, CITY OF WHEAT RIDGE. COUNTY OF JEFFERSON, STATE or COLORADO SHEET 2 OF 2 0 LCT 5 SE CORNER AUDREY S. i WE AUDREY SLeDDAVON 32Z 69' LAI % 5, ZONED R._ I "' 13 . 5 dT � 0o, IRAINAGI, soc DRAWAG[ �0' DRANAGE, ItS Uft"Y TASEMENT I VIM � , ?y EASEMr ar V`NU1Y CASEMENT 25.14' LOT 1 b tr7 (3 r -751?21 so, FT L- 34.64 'S To Ok ""CE & W U%Ik" LOT '!�3 AV (0 LOT 01 R 22, 06 o M I �:! I I M. ACW� Uk' TT' rANCIAENT k. 9' LAS' LINE OF DC RE C I; w6 JOF THE NW ' O I T ic sw ; 0 E < T, 4' SIXRON 24, I-SS_ 5' .1 - j I_ I '�40RO L 1&,? 56 V.6941, 6T111 A. LAEL ST �01 31 6 R- 6i , x T�c C' LO T b4 F"7' A-56qnl AINACE & r q)' DR j L, 1 I 5'0 007 UI PY CASEMF 2 t W 3jTH--"' A 0 01 TV Z97H PLAQ , ' (17' NO w') T A Y HERESY N I. �'WbX' W , / --DRMNAGE AND DFITN CIN V) > R�OV 48 SEOWNT PLACE 0 30 8 R HEREty GRAN7ED tHT COT Rr TKiS PLA" Bi L 4 DRA�NAC,- R-6PO6, 4" 90'00'00 3 V %J Kj 4 i CA„�t i I - ; L01 2 I Z sec 3, SQ F" 2, Z kn V MA UNT I LINE 5WI/4SET/4 SEC, 24, S89 '58'46'W 0) T.3s- R169w" 6TH P.M. NW CORNER SWI/4SrI/4 T ZONED R- OD Z SEC, 24, T.35, R,69W, 6TH P.M. i FOUND 3" DRABS CAP STAMPED PLC 26603 PER MONUMENT RECORD ACCEPTED OI/23/2003 N ca POINT OF COMMENCEMENT to LOT 7 Cd I M POINT NO, 160013 N 707164.03 / NUDREY SURDPAWN 1, 12,1719,152 X 3 VTQTY Vt BOOK 9 PAGE 11 LOT '30 340 00' ZONED R3 FENTON ZONED R-S COURT ' W OiANACC P(%NT Of RPON-"'N ; SW CORNER AUDy K 50 ROX S89'583415 415 w I 0 U S wv'sg ' R ' - N 706824.16 S, LINE NI/2 SWI/4 SCC, 24 N89'58'46'E 23 SDI INCARNATION CSC SUBDIVISION FINAL PLA T BEING A PORTION OF THE SWI14 OF THE SE114 OF SECTION 24, TOWNSHIP 3 SOUTR RANGE 69 WEST OF THE 6TH PM, CITY OF WHEAT RIDGE. COUNTY OF JEFFERSON, STATE or COLORADO SHEET 2 OF 2 0 LCT 5 SE CORNER AUDREY S. i WE AUDREY SLeDDAVON 32Z 69' LAI % 5, ZONED R._ I "' 13 . 5 dT � 0o, IRAINAGI, soc DRAWAG[ �0' DRANAGE, ItS Uft"Y TASEMENT I VIM � , ?y EASEMr ar V`NU1Y CASEMENT 25.14' LOT 1 b tr7 (3 r -751?21 so, FT L- 34.64 'S To Ok ""CE & W U%Ik" LOT '!�3 AV (0 LOT 01 R 22, 06 o M I �:! I I M. ACW� Uk' TT' rANCIAENT k. 9' LAS' LINE OF DC RE C I; w6 JOF THE NW ' O I T ic sw ; 0 E < T, 4' SIXRON 24, I-SS_ 5' .1 - j I_ I '�40RO L 1&,? 56 V.6941, 6T111 A. LAEL ST �01 31 6 R- 6i , x T�c C' LO T b4 F"7' A-56qnl AINACE & r q)' DR j L, 1 I 5'0 007 UI PY CASEMF 2 t W 3jTH--"' A 0 01 TV Z97H PLAQ , ' (17' NO w') T A Y HERESY N I. �'WbX' W , / --DRMNAGE AND DFITN CIN V) > R�OV 48 SEOWNT PLACE 0 30 8 R HEREty GRAN7ED tHT COT Rr TKiS PLA" Bi L 4 DRA�NAC,- R-6PO6, 4" 90'00'00 3 V %J Kj 4 i CA„�t i I - ; L01 2 I Z sec 3, SQ F" 2, Z kn V Please see the updated full size document MA UNT NOTE: STREET ROH-O SH F-WAY UONQUENTS ALL BE SET SEE OEIML 0) W "'0 LEFT HARDWARE MLL BE PROVIDED Sy THE CITY CC WHEAT UPON RDWESE ZONED R- OD Z i C, ca LOT 7 Cd I M n Y n L01 1 12 X 3 VTQTY Vt LOT '30 EASEMENT ZONED R3 10 ERAINAOE ffi LMU EASEMEN J W OiANACC 3' US S89'583415 415 w I -- 306,21 3' U7 U"' - CASEMEN', S, LINE NI/2 SWI/4 SCC, 24 ZONE D R-- 3 1 0'4 30 0 15 30 60 ZONED R PLAT Cr HOLLFY LOT 6 y C06RTS uru BOOK 6 FAZE 69 A* URUTY LEGEND a EAREMEN'T 4, Lu v SW CORNER SWI/4$EI/4 3 UTMIY CASEMFUT 31 ?IT SEC 24, 135, fL69W, 614 P.M.. 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Iq IrD C n ;Z 'rl CD C (? ►-� J ��, CD CD CD C)- CD x CD CD CD CD O ~ CD CD CD CD CD CD CD CD C O ¢, (D CD ¢� CD CD HJ J A 4 City of Wh6atl, e COMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Meredith Reckert DATE: June 20, 2013 CASE NO. & NAME: Case No. PBG- 13-0 1 /Incarnation ACTION REQUESTED: Approval of a Planned Building Group to allow multiple structures on a single parcel LOCATION OF REQUEST: 5801 W. 38`" Avenue /4000 Fenton Court APPLICANT: Urban Green Development APPROXIMATE AREA: 2.5 acres PRESENT ZONING: Residential -Three (R -3) and Neighborhood Commercial (NC) ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION Planning Commission PBG -13 -01 lIncarnalion All notification and posting requirements have been met; therefore, there is jurisdiction to make a decision regarding this request. I. REQUEST The applicant is requesting approval of a planned building group (PBG) for property zoned Residential -Three (R -3) and Neighborhood Commercial (NC) and located at 5801 W. 38` Avenue /4000 Fenton Court. The purpose of the request is to allow multiple structures on the property in preparation for development of 26 residential dwelling units. An accompanying case, Case No. WA- 13 -05, was approved on May 16, 2013, to allow setback variances associated with the Planned Building Group (PBG). Pursuant to Section 26 -116 of the code of laws, a PBG site plan is required in all zone districts other than planned development and mixed use districts for properties on which more than one primary structure is proposed. An application for more than four main structures requires approval by the Planning Commission at a public hearing. This case will not require review by City Council. Per Section 26- 116.D.2. the decision of Planning Commission is final. Appeals from a Planning Commission ruling shall be to the Jefferson County District Court. The applicant is also requesting a minor subdivision with a right -of -way dedication approval by Case No. MS- 13 -02. In this case, City Council will be the final authority with a recommendation from Planning Commission. See separate staff report for Case No. MS- 13 -02. A courtesy neighborhood meeting to discuss the project was held by the developer on June 12, 2013. Staff was not in attendance. A formal neighborhood meeting is not required for this application. II. PROPERTY DESCRIPTIONIHISTORY The property is located at 5801 W. 38 Avenue and is zoned Residential -Three (R -3). The property is a flag lot, with a narrow strip of land connecting the parcel to W. 38 Avenue; this strip is 16.5 feet wide and extends nearly 650 feet. The southern half of the "pole" is zoned NC. The main portion of the lot is located at Fenton Court and W. 39 Place, both extended, and has an area of approximately 2.26 acres. Including the flag pole portion, the entire lot is about 2.5 acres in size. (Exhibit 1, Aerial photo) The property is embedded in a residential neighborhood. To the north, south, and west are parcels zoned R -3 with single- and two - family homes and several multi - family apartment buildings to the northwest. To the east are parcels zoned R -1A with single - family homes on large lots. (Exhibit 2, zoning map) Historically, the site was used for growing carnations. Two accessory structures on the western half of the lot were recently demolished. A farmhouse is located in the northeast corner of the property which will be incorporated into the development. Based on Jefferson County Assessor records, the house was originally constructed in 1877. Access into the property for the greenhouse use was gained from 38 Avenue through the "flagpole ". The permitted density calculation in the R -3 zone district is one unit is permitted for every 3630 square feet of land area or 12 units per acre. Given a net lot size (gross acreage minus right -of -way dedication) of 96,008 square feet, 26 residential dwelling units are permitted to be built on the site. (Exhibit 3, property photos) Planning Commission PBG -13 -01 1Incarnation 2 III. PROPOSED PBG SITE PLAN A planned building group entails site plan review for a parcel with more than one primary structure. The purpose of a PBG is to promote better overall utilization of a site through comprehensive review of elements such as circulation, access, parking and building layout. (Exhibit 4, Reduced copy of original PBG) The applicant is proposing to develop a residential community comprised of 26 units. The unit breakdown includes seven single family homes including the existing house, eight duplex units in four buildings and eleven row houses in two buildings. The units will be two and three stories in height. At the May 16 public hearing, Case No. WA -13 -05 was approved by Planning Commission to allow certain structure setbacks to be modified. The approved variances are reflected in the PBG plan. (Exhibit 5, May 16 Planning Commission minutes) Street system/ Public improvements installation Currently, Fenton Court and W. 39` Place dead end at the property boundaries. These roads will be continued into the lot to intersect and be dedicated as public right -of -way. The width of the right -of- way dedication is 47 feet (see image below). This street section will accommodate two travel lanes, a 5 -foot wide tree lawn, and 5' wide detached walks on both sides of the street. This roadway section does not accommodate on- street parking. The right -of -way will be dedicated by the plat document. 47' Minimum ROW 5' Min. 1 5' Min. 1 2.5'1 11' 1 11' 12.51 5' Min. 1 5' Min. Side- lAmenitk Buff er/ walk Lane Lane Buffer / I Side - menit� walk Cross - Section L2: 2 -Lane Local 0 Because the existing W. 39` Place has a substandard street width, the new roadway section will need to taper where it approaches the western property line. The pavement widths will be similar and the detached sidewalks should transition to meet the existing attached sidewalk. The "flagpole" portion of the property measures 16.5' wide x 646' long and was historically used for access to the site. While it is not wide enough to accommodate a dedicated public street, it can Planning Commission P8G -13 -01 11ncarnation 3 function as an alley. At the May 16 public hearing several property owners on Eaton Street indicated that they have used this "alley" to access the rear of their properties. Based on this testimony, the PBG design has been modified to provide public pedestrian access and private vehicular access to 38` Avenue. Sheet 2 of the PBG has been modified to reflect this change. (Exhibit 6, Full -sized copy of revised sheets 1 and 2) The proposed improvements include a 10.5' wide crusher fines drive with native grasses on each side. The first 50' of the drive from 38` will be surfaced with concrete. A vehicular gate with restricted access will be provided to allow vehicles to pull off from 38` Avenue while the gate is being opened. Free movement by pedestrians will be provided. An easement has been added to the plat regarding use of this area. Landscaping Section 26 -502 of the zoning code establishes landscape standards for residential development. The code distinguishes between low density (single and two - family) development and multi - family development. Because of the mix of unit types, staff has applied the multi - family standards which are more restrictive than those for single family development. The proposed plan exceeds the 30% minimum landscape standard with 42% landscaped coverage; this figure includes the native grasses on the "pole" area. At this point, no perimeter fencing is shown on the plan: however the developer has agreed to provide a 6' high solid perimeter fencing which must be reflected on the plan. Landscape amenities include playground and a "dog park" area. The site plan also exceeds the standards for quantities of trees and shrubs required. In addition to street trees, Section 26- 502.D.3.b. requires one additional tree and ten shrubs for every 1000 square feet of required landscaped area. Based on lot sizes, the additional plant counts would be 28 trees and 280 shrubs. The applicant is proposing to plant 34 additional trees and 728 shrubs. The single and two - family units will have their own, small yard space. Fencing within these areas will be allowed. Parking All of the units will have two covered parking spaces. To compensate for the lack of street parking, 15 visitor parking spaces have been provided. In addition, the single family homes at the northeast corner of the development each have an additional two uncovered spaces. The amount of parking provided is consistent with Section 26 -501. V. PLANNED BUILDING GROUP CRITERIA In order to approve a planned building group application, the Planning Commission shall consider the criteria listed in Section 26- 116.D.3. of the city code. The applicant has provided an analysis of the application's compliance (Exhibit 7, Applicant's response). Staff provides the following review and analysis of the criteria: 1. The proposed plan complies with the zoning and development code and is not contrary to the general welfare of the immediate neighborhood and economic prosperity of the city. Except for the previously approved setback variances, the proposed development meets or exceeds the R -3 development standards, parking and landscape standards. The application also meets the broader goals identified in the City's Neighborhood Revitalization Strategy (NRS) for encouraging investment in property, the creation of new housing stock, and thoughtful residential design. The project combines three housing types which are aesthetically pleasing and are Planning Commission PBG -13 -01 1Incarnation 4 compatible with zoning and the mix of housing types in the neighborhood. It will offer additional home choices for the contemporary home buyer. Much of the objection expressed regarding the project relates to traffic. Neither of the adjacent neighborhoods wants to be negatively impacted. While alternative street configurations could have been an extension of a street with a cul -de -sac bulb from either Fenton or 39` Place, this would have resulted in a concentration of traffic on either one of the two streets. The extension of both streets into the property results in dispersion of vehicular trips to and from the development instead of forcing it onto one street only. The attached correspondence includes written comments and includes the petition submitted into the record at the May 16 public hearing. (Exhibit 8, Correspondence received) Staff finds that this criterion has been met. 2. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual (ASDM). Many of the proposed improvements on the site are consistent with the desired development attributes identified in the Architectural and Site Design Manual (ASDM). Those would include increased pedestrian connectivity both along the public street and through the site. The development also shows upgraded landscaping around the perimeter and open space amenities with a playground, a dog park and pedestrian connection to 38` Avenue. Each of the units will have their own trash service so there is no need for communal trash dumpsters. As recommended in Section 4.3.4 of the ASDM, no garage doors face the public street. The Architectural Standards of the ASDM apply only to the row houses as single and two - family dwellings are exempt. However, architectural details shown for the rowhouses are mimicked by the facades of the houses and duplexes providing cohesion within the development. Thematic architectural elements include the use of hardcoat stucco, lap siding and metal accents. Other common design elements include the use of shed -style roof lines, patios and entrances canopies. The applicant will continue working with planning staff to ensure the requirements for fagade treatment, articulation and transparency can be met. Staff finds that this criterion has been met. VI. AGENCY REFERRALS All affected service agencies were contacted regarding their ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development. Specific referral responses follow. Xcel Energy: Can serve. Wheat Ridge Sanitation District: Has an existing 8" main extending south to north through the property. Planning Commission PBG- 13- 0111ncarnation Wheat Ridge Fire Protection District: Additional hydrants will be required to meet the water supply requirements of the District. Access lanes appear adequate; however. the entry passageway accessing the existing single family should be widened to a minimum of 20' Wheat Ridge Building Division: Has conversed with the contractor regarding the building permit review process. Wheat Ridge Police: No concerns. Wheat Ridge Parks and Recreation Commission: The Commission is recommending fees in lieu of land dedication. Wheat Ridge Public Works: Has reviewed drainage report and traffic plans. They have concluded that the existing street network system can adequately handle the traffic generated by the proposed development. VII. STAFF RECOMMENDATION Staff concludes that the application is not contrary to the general welfare of the immediate neighborhood and promotes the economic prosperity of the city. Staff further concludes that the proposed planned building group site plan meets the requirements of the zoning and development code and the ASDM. For these reasons, Staff recommends approval of the planned building group with conditions listed below. VIII. SUGGESTED MOTIONS: PLANNED BUILDING GROUP Option A: "'I move to APPROVE Case No. PBG- 13 -01, a request for approval of a planned building group site plan on property zoned R -3 and NC at 5801 W. 38` Avenue /4000 Fenton Court, for the following reasons: 1. The proposed site plan is less impactive and more in character with the neighborhood than traditional multi - family development. 2. The application complies with the applicable standards set forth in the Archileclural and Site Design Manual. 3. The application is in compliance with the PBG evaluation criteria. With the following conditions: 1. The applicant continue working with planning staff to ensure the requirements for fagade treatment, articulation and transparency can be met. 2. A six foot high solid perimeter fence be built around the "flag " portion of the development. 3. The entry passageway accessing the existing single family should be widened to a minimum of 20 feet." Planning Commission PBG -13 -01 /ncarnalion 6 Option B: "I move to DENY Case No. PBG- 13 -01, a request for approval of a planned building group on property zoned R -3 and NC at 5801 W. 38` Avenue /4000 Fenton Court, for the following reasons: 2." Planning Commission PBG -13 -01 1Incarnation 7 Exhibit 1 — Aerial Photo Planning Commission PBG -13 -01 /Incarnation Exhibit 2 — Zoning Map Planning Commission PBG -13 -01 /Incarnation Entrance into the property from 38` Avenue Looking east on 39' Place where street dead -ends at property Exhibit 3 — Site Photos Planning Commission PBG -13 -01 lncarnalion 10 Looking west on 39`" Place towards Harlan Looking south on Fenton Court towards property Planning Commission PBG -13 -01 Incarnation Looking south across property from dead -end on Fenton Court Google image of property Planning Commission PBG -13 -01 Incarnation 12 City of Wheat Midge PLANNING COMMISSION Minutes of Meeting May 16, 2013 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 29 Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Anne Brinkman Alan Bucknam Monica Duran Dick Matthews Scott Ohm Steve Timms Amanda Weaver Commission Members Absent: Staff Members Present: 3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA Tracy Guildner Meredith Reckert, Senior Planner Lauren Mikulak, Planner II Mark Westberg, Project Supervisor Kim Waggoner, Recording Secretary It was moved by Commissioner MATTHEWS and seconded by Commissioner DURAN to approve the order of the agenda. Motion carried 7 -0. 5. APPROVAL OF MINUTES —May 2, 2013 It was moved by Commissioner MATTHEWS and seconded by Commissioner OHM to approve the minutes of May 2, 2013. Motion carried 5 -0 with Commissioners BUCKNAM and WEAVER abstaining. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Planning Commission Minutes May 16, 2013 EXHIBIT 5 No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WA- 13 -05 An application filed by Urban Green Development for setback variances for property zoned Residential Three (R -3), located at 5801 W. 38 Ave. /4000 Fenton Ct. B. Case No. PBG- 13 -01 An application filed by Urban Green Development for a planned building group for 26 new residences (single family, duplexes and rowhouses) for property zoned Residential Three (R -3), located at 5$01 W. 38 Ave. /4000 Fenton Ct. C. Case No. MS- 13 -02 An application filed by Urban Green Development for approval of a 2 -lot subdivision with right -of -way dedication located at 5801 W. 38 1t ' Ave. /4000 Fenton Ct. Case No. WA -13 -05 and Case No. PG -I3 -01 were presented by Meredith Reckert concurrently. She entered into public record the case file, the zoning ordinance, the Comprehensive Plan, and the digital presentation. The property is within the City of Wheat Ridge and all posting requirements have been met. The Planning Commission does have jurisdiction to hear this case. She reviewed the staff report and digital presentation. The purpose of the request is to construct 26 new residences in multiple structures and in the form of single family homes, duplexes and rowhomes. Commissioner OHM asked if a 6 foot fence for the east and south neighbors is part of the concept plan. Ms. Reckert stated that would be considered during the building permit process. In response to Commissioner OHM's question, Ms. Reckert stated 1 street tree is required for every 35 feet of street frontage. Commissioner OHM expressed his concern about there not being enough trees on the plan. Commissioner OHM asked about the detention pond. Mr. Westberg stated due to limited space an underground detention system was proposed. It will have a couple of manholes for access and maintenance. Commissioner TIMMS asked about the condition of the existing house on the property. Ms. Reckert deferred to the applicant. Commissioner TIMMS inquired about the site contamination referenced in the staff report. Ms. Reckert stated the site will need to be cleaned up due to the previous greenhouse use and pesticides previously utilized on the site. She deferred to the applicant. Planning Commission Minutes -2— May 16, 2013 Commissioner TIMMS confirmed the flagpole portion of the lot is about 16V2 feet wide. He asked about current city standards for a two way street width and for multifamily parking standards. Ms. Reckert stated if it were a dedicated public street the right -of -way would be 45 to 50 feet wide. For a private access or fire access the minimum requirement is 22 feet of width. Staff doesn't consider the flagpole width to be a viable option as an official access to the property. Parking for multifamily structures is based on the number of bedrooms in a dwelling unit. Ms. Mikulak stated for this case the multifamily parking requirement would apply to the townhomes. The parking requirements are 1.5 spaces for a 1 bedroom unit; 2 spaces for 2 or 3 bedroom units; 2.5 spaces for 4 or more bedroom units plus 1 additional space per 10 spaces for visitors. Staff does not know how many bedrooms the townhouses will have. Commissioner TIMMS asked if there has been a neighborhood meeting. Ms. Reckert stated there was not a city mandated neighborhood meeting. The developer proposed to meet with the neighborhood. Ms. Reckert stated she received emails and phone calls which have been forwarded to the applicant. Commissioner TIMMS asked staff to elaborate about the fire protection and park fees. Ms. Reckert stated when a property is developed it is referred to the fire district. Wheat Ridge Fire District will require line extensions, service lines and installation of hydrants. Wheat Ridge Fire District stated they could serve the property. As for park fees, new subdivision developments are referred to the Parks Commission for assessments of impacts. The developer proposed a pedestrian trail along the flagpole portion of the lot and requested that it count toward their parkland dedication. For a variety of reasons the Park Commission recommended a cash fee be paid in lieu of land dedication. Commissioner MATTHEWS asked if there would be a HOA and if the amenities would be private. Ms. Reckert stated yes there would be a HOA and the amenities would be private. Commissioner WEAVER asked if the applicant considered applying for the PRD or Planned Residential Development zoning. A PRD would allow for 46 homes on the property. Ms. Reckert stated the rezoning was offered as an option but rezoning to PRD is a lengthy process and the applicant was comfortable with the R -3 development standards. Commissioner BUCKNAM asked if the property had ever been zoned agriculturally and asked for an explanation for the 4 phases shown on the site plan. Ms. Reckert stated the property has always been zoned R -3. Each quadrant represents a development phase. All the public improvements would have to be put in during the first phase. In response to Commissioner BUCKNAM's questions, Ms. Reckert stated the existing house is a single story house. Planning Commission Minutes - 3 May 16, 2013 Chair BRINI{MAN asked if the water service will affect Fenton Ct. and 39` Pl. Mr. Westberg stated water and sewer lines traverse the site. Those are not city services. The applicant will have to work with Wheat Ridge Water District for the final plans. A storm sewer is planned on Fenton Ct. Keith Gallegos 621 17 St., Suite 1777, Denver, CO 80293 The applicant summarized the mission of Urban Green Development. The company specializes in building modern, urban, affordable, and energy efficient residential units and mixed use projects. As a B Corporation, they are also concerned with having a positive impact on the communities in which their projects are Iocated. Mark Young 621 17 St., Suite 1777, Denver, CO 80293 The applicant stated he would answer any questions about the proposed project. Commissioner OHM asked for clarification on the Exhibit I narrative in which the applicant stated they were not asking for any variances. Mr. Young explained it was based on a misunderstanding. In response to a question from Commissioner OHM, Mr. Young explained that much of the grass shown on the plan is located in areas used for drainage and water quality facilities. Commissioner DURAN asked if the applicant had hosted a neighborhood meeting. Mr. Young stated no, but indicated he had spoken to a number of the neighbors and is open and willing to meet with the neighbors and accommodate requests such as fencing. He acknowledged the neighbor's concerns regarding traffic and stated UGD will continue to work with staff to find the best solution Commissioner TIMMS asked about the condition of the original house. Mr. Young stated it is in very good condition. The inside will be remodeled to upgrade the interior of the house and adjust the exterior to match the facade of the new houses. A second story will not be added to the house. Commissioner TIMMS asked about the results of the Phase I and Phase II environmental assessments. Mr. Young stated there was contamination and they would need to remove 6 to 8 inches of dirt across 38,000 feet of the property. They plan to use the pole portion of the lot to remove the soil from the site. Commissioner TIMMS asked about the pricing for the homes. Mr. Young explained that the energy efficient designs may result in higher home costs but long term savings for homeowners. Single family homes will range from the high Planning Commission Minutes -4— May 16, 2013 $300s to low $400s, the patio and duplexes will be priced around $350,000 and the townhomes will be in the $290,000 to $310,000 range. Commissioner TIMMS asked about if there will be any restrictions for parking boats and RVs. Mr. Young stated vehicles over a certain width and height will not be allowed unless such vehicles can fit inside a garage. Mr. Young commented about the addition of fire hydrants and water lines. The water system will be looped which will improve the water flow and quality for everyone in the neighborhood. Commissioner BUCKNAM asked the applicant about the phasing schedule shown on Exhibit 5 in the staff report. Mr. Young stated they refer to the construction of the homes. Public improvements will be installed before any residences are constructed. Chair BRINKMAN asked the applicant if the removed contaminated soil will be replaced. Mr. Young stated it would be. Chair BRINKMAN asked about parking for multi - family homes and the number of bedrooms. Mr. Young stated the townhomes will be 2 bedrooms. There is more parking on site than what is required. Mr. Young noted the fee in lieu of parkland dedication is an investment in the community and pointed out that the underground detention facility allows for additional open space on the site. Chair BRINKMAN asked if the building will be LEED Certified. Mr. Young stated the will not be applying for LEED certification but the project will be built to exceed LEED standards. Ms. Reckert stated the number of trees has been reviewed by staff and the plan does meet the requirement. The park fees will be determined by City Council. Chair BRINKMAN opened the public hearing. Ron Olin 3940 Harlan St. Mr. Olin presented two notarized petitions signed by many of the neighbors. The first petition is deny change of the right -of -way to 39 Place and the other is related to architectural and site design requirements. Mr. Olin expressed several concerns related to the conversion of Fenton Court from a cul -de -sac to a through street, the setback variances, and the use of the flagpole portion of the lot in the density calculation. He requested that primary access for the property be off of W. 38' Avenue. He testified that a looped water system affects water pressure, not water quality. Planning Commission Minutes _ 5 May 16, 2013 Norma Hazen 3993 Eaton St. Ms. Hazen stated her concerns about the evergreen trees on her property due to the roots being west of the property line of the development and the fence height for the protection of the trees on her property. Karen Case 3871 Eaton St. Ms. Case asked why Wheat Ridge Water District was not listed in the referral responses. Ms. Reckert stated there was no formal response but staff did have discussions with them. Ms. Case stated her concern about the setbacks and housing density and asked if any of the units will be available for low income tenants. Dawn DeBello 4055 Eaton St. Ms. DeBello inquired about the proposed fence and the timeline to build the project. Ms. Reckert stated the fence height and material is probably negotiable but should be consistent around the property. Janine Rose 5830 W. 39 Ave. Ms. Rose did not speak as her concerns have been addressed. Sheldon Ronholdt 4075 Fenton Ct. Mr. Ronholdt stated he was not in favor of opening Fenton Ct. for traffic. He stated his concerns about parking, water restrictions considering the drought, the fox family living on the west side of the property and inquired about tax/green incentives for the developer and asked who would be paying the taxes for property while it is under construction. Gary Goodnight 5825 W. 39` Ave. Mr. Goodnight asked about potential impacts that could be imposed on the cul -de- sac for the sewer easement. Ms. Reckert stated it is an existing sanitary easement and was unsure if there would be any impacts. Mr. Goodnight stated the concept plan is good but the architectural style is not consistent with the neighborhood. He is also concerned about the number of units proposed. Dave Newson 3985 Eaton St. Mr. Newson stated his concerns about the flagpole /alley as he uses it to access his property like many of the other neighbors. A fence will prevent rear property Planning Commission Minutes -6— May 16, 2013 access for the homes on Eaton. Mr. Newson would prefer 4 -5 houses instead of 26 residences. Mary Ann Whitehead 4040 Fenton Ct. Did not speak as her concerns had been addressed. Joanna Buchholz 4075 Fenton Ct. Ms. Buchholz stated her concerns about traffic, safety and crime. Chris Whitehead 4040 Fenton Ct. Did not speak as his concerns had been addressed. Noah Lorenz 4040 Fenton Ct. Did not speak as his concerns had been addressed. Darcy St. Aubin 5920 W. 39" Pl. Ms. Aubin stated her concern with the entrance on 39 place being narrow due to parking on both sides of the street. She is also concerned about safety for the children. Gary Wardle 5920 W. 39 Pl. Mr. Wardle stated his concerns for environmental hazards, fencing, lighting and the setback for the proposed structure next to his property. Patricia Clark 5975 W. 39" Pl. Did not speak as her concerns had been addressed. Judy Vance 5760 W. 41 n Ave. Did not speak as her concerns had been addressed. Lon Wheeler 5760 W. 41 Ave. Did not speak as his concerns had been addressed. Albert Hohl 5947 W. 39` Pl. Mr. Hohl voiced his concerns about the connection to 39 Ave. and the interruption of the peacefulness in the neighborhood. Planning Commission Minutes - 7 _ May 16, 2013 Carol Rowland 5950 W. 39 P1. Did not speak as her concerns had been expressed. Daniel Feinster 5925 W. 39` Pl. Mr. Feinster stated the plan does not consider the community. He suggested denial for the variance and right of way and re -do the plan. Hank Cordova 5785 W. 38 Ave. Mr. Cordova stated his concerns about the number of dwellings proposed and toxic waste during property clean-up. Dale Hurley 4090 Fenton Ct. Mr. Hurley stated his concerns about the noise, traffic, number of units and suggested access from 38` Ave. Patricia Allen 3945 Eaton St. Ms. Allen stated her concerns about semi - trucks, toxic waste, lack of communication from the developer, access of back yards on the flagpole/alley if a fence is erected and security for the proposed walkway through the flagpole. Sally Ronholdt 4075 Fenton Ct. Ms. Ronholdt voiced her concerns about density, number of units and the safety hazard of parked vehicles on both sides of Fenton along with the vehicles parked at Randall Park. Kathy Wardle 5920 W. 39 Pl. Ms. Wardle stated her concerns about the proximity of building B to her home along with density concerns, the flagpole property used in the calculation for allotted units, traffic, access thoroughfares and suggested a building story limit to mitigate views to the east. Albert Hohl 5947 W. 39 Pl. Mr. Hohl expressed his concern with safety and crime. Brenda Hurley 4090 Fenton Ct. Planning Commission Minutes -8— May 16, 2013 Ms. Hurley stated her concerns about the lack of police presence in the neighborhood and the number of dwellings. Judy Vance 5760 W. 41 Pl. Ms. Vance expressed her concerns about the toxic material removal through the flagpole/alley and the impact on the neighborhood and Red Tango. Mark Young The applicant addressed questions /concerns expressed by the previous speakers. Mr. Young stated access through Fenton Ct. and 39` Pl. are the best options as traffic will be dispersed. The City recommended creating a path way through the flagpole. The development will consist mostly of two -story dwellings. A height variance is not required nor requested. The hearing was delayed when the setback variances were discovered. UGD was unaware of the need for the setback variances since the variances were internal to the development. The plan can be redrawn without the variances with the same number of dwellings by shifting elements with each section of the plan. The timeline for the project is 18 months including construction and selling of the 26 dwellings. A six foot stockade perimeter fence is agreed to by Urban Green. The water quality will be improved due to replacement of the current two dead end water lines. Sedimentation effects water quality. The apartment house shown in the presentation is not the vision for the property. However, one building on the lot is permitted by the R -3 zoning. As for tax incentives, Urban Green is not asking for consideration from the city or state. Solar panels are subject to a state tax deduction, federal tax credit and a rebate from Xcel energy. The homes will be very efficient with almost no electric bills. Urban Green will pay for the cleanup of the contaminated soil and will use all 3 access points to do so. Contact information for the contractor will be provided to the neighbors if problems arise during construction. The alley /flagpole for use by the neighbors can be accommodated. Commissioner DURAN stated the neighbors wanted to be heard and thanked the applicant for answering all the questions. Planning Commission Minutes 9 May 16, 2013 Commissioner TIMMS asked if the flagpole /alley had any record of an access easement in the title work. Mr. Young stated no. Commissioner TIMMS asked if the flagpole/alley were to be used as an access easement, would that need to be placed on the plat. Ms. Reckert stated yes. Chair BRINKMAN asked the applicant if low income individuals could occupy the homes. Mr. Young stated the single family dwellings would not qualify but the row houses can meet the standard for low income. Commissioner TIMMS stated that the maximum height for the zoning is 35 feet; therefore potentially any property owner on Fenton, 39 Place or 39 Ave could potentially build up to 35 feet and or increase the density on their property. Ms. Reckert concurred and added, with a building permit and as long as the density standards could be met. Commissioner MATTHEWS inquired about the procedure to change pedestrian right -of -way to a public alley. Mr. Westberg stated Public Works would not want to maintain the alley due to budget restraints. Discussion regarding the flagpole /alley continued. Commissioner WEAVER asked if staff can recommend moving forward with the flagpole issue. Ms. Reckert stated staff is hesitant due to landscape coverage and safety. Chair BRINKMAN stated the flagpole /alley does not hinge on the variance request. Planning Commission could vote on the variance request separately. In response to a question from Commissioner BUCKNAM, Ms. Reckert stated the townhouse northwest of the parcel line has 22 units. Commissioner BRINKMAN asked staff to address concerns about the parking on both sides of street on 39 Pl. Mr. Westberg stated it is a 47 foot right -of -way, two way street. The City does not assign no parking on streets. It isn't wide enough to accommodate parking and traveling. Chair BRINKMAN closed the public hearing. In response to Commissioner OHM's suggestion of including a condition for parking on Fenton, Ms. Reckert stated staff is uncomfortable with applying conditions that are not on the site. Mr. Westberg stated typical parking permitted signs are issued only around schools and parks. Commissioner BUCKNAM stated the side setback for building A is by far the largest variance. It is extreme. Planning Commission Minutes -10— May 16, 2013 Commissioner MATTHEWS asked staff when is the proper time to address the fence and landscaping issues. During the Planned Building Group. Ms. Reckert stated yes. It was moved by Commissioner DURAN and seconded by Commissioner TIMMS to recommend approval of Case No. WA- 13 -05, a request for approval of setback variances in conjunction with Case No. PBG13 -01, for property located at 5801 W. 38` Ave./4000 Fenton Ct. for the following reasons: 1. The variances would not alter the essential character of the locality as they are internal to the site. 2. The request would not be detrimental to public safety or welfare. 3. The proposed design provides a better traffic arrangement. 4. Site enhancements such as increased landscaping and open space amenities compensate for the variances. 5. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. 6. A majority of the evaluation criteria support approval of the request. Motion approved 7 -0. Chair BRINK-MAN encouraged the applicant to continue working with the staff. It was moved by Commissioner MATTHEWS and seconded by Commissioner DURAN to continue Case No. PBG13 -01, a request for approval of a planned building group on property zoned Residential Three (R -3), and Neighborhood Commercial (NC) located at 5801 W. 38` Ave. /4000 Fenton Ct., for the following reason: 1. The developer work with staff and the community to determine access on the alley and the fencing conditions. Commissioner TIMMS asked if a date should be designated for the continuance. Ms. Reckert stated a renotice would not be required if a date was designated. June 20, 2013 was designated for the hearing continuance. Motion approved 7 -0. Chair BRINKMAN stated the second part of the case has been continued to June 20, 2013. Ms. Reckert stated the alley disposition will affect the plat so the plat needs to be continued until June 20. Planning Commission Minutes May 16, 2013 It was moved by Commissioner BUCKNAM and seconded by Commissioner DURAN to continue Case No. MS -12 -03 to June 20, 2013. Motion approved 7 -0. 8. OTHER ITEMS A. Commissioner OHM asked staff about the status on the Wadsworth PEL. Mr. Westberg stated a consultant is to be hired then public meetings will occur. Commissioner OHM asked if there are plans for some type of pedestrian linkage to connect underneath I -70 on Wadsworth. Mr. Westberg stated that the need for pedestrian connectivity along the corridor is identified in the Bike/Ped Master Plan. 9. ADJOURNMENT It was moved by Commissioner MATTHEWS and seconded by Commissioner WEAVER to adjourn the meeting at 10:30 p.m. Motio carried 7 -0. !'n ' ne Brinkman, Chair Kim Waggonefj, Ricordwg Secretary Planning Commission Minutes -12— May 16, 2013 uReRn GREEn DEVELOPMENT InCarnation C.S.C., LLC 5801 West 38th Avenue PROJECT NARRATIVE 621 17 St Ste 1777 Denver, CO, 80293 % %w %� . urbangreendevelopments.com Urban Green Development's vision for a conscious and sustainable community in Denver begins with a centrally located urban infill lot. The firm's focus for all new work has moved away from 'new sprawl' and enthusiastically toward urban infill. The architecture is simple yet, deliberately planned. These `not -so -big" houses are sustainable in nature, using fewer materials to build and requiring less energy to occupy. The massing is efficient with passive solar orientation and effective daylighting. The interiors contain multi -use rooms without excessive ceiling volume. Sleeping units are primarily located on upper floors to maximize heating efficiency during the winter months while venting properly for the summer months. Evaporative cooling is a planned option. The style is modern and appealing to the masses, with fresh and bold colors strategically planned. Lower pitched roofs have been abundant with architecture in Colorado for hundreds of years for several reasons. First, retaining the snow on the roof is an effective means of additional insulation. Second, heating large cathedral ceilings is wasteful. It also allows for more day lighting, has less surface area and thus allows for fewer materials. The beauty of each residence comes not from expensive materials and massing but from intrinsic thought. SUSTAINABILITY PROGRAM Sustainability is our responsibility, not a luxury of the modern age of development. We as design professionals and developers need to make sure we are doing everything we can possibly do to lower our impact on the environment and the energy that is required to heat /cool our buildings. There has been a global shift towards creating energy conscious buildings. Below are the goals of the development to create a conscious and sustainable project: Site. Desgrn - Located within walking distance to community amenities Exhibit 7 — PBGIASDM Criteria Planning; Commission PBG -13 -01 /Incarnation 14 - Infill and not Greenfield -Use permeable pavement or pavers - High- density development - Detain storm water on site with landscaping and as little pavement as possible -Use a light colored roof material to decrease heat island effect Wa(eeu Savi ng; - Xeriscaping with plant materials that require little or no watering - Direct roof runoff to landscaping requiring water - Install two - button water saving toilets - Install low water use shower heads Enp-rgy coom ryation - Install PV cells and take advantage of tax credits -Use high efficiency heating (95 %) - Install evaporative coolers in lieu of air conditioning - Orient buildings in an east -west direction to enhance passive solar characteristics ++ - Design for abundant delighting during winter months and shading during summer months: with overhangs, strategically placed windows and shade trees -Solar tube daylighting - Install cost effective automated lighting controls - Install programmable thermostats linked to automated systems -Low E glazing Mate I - Require contractors to recycle excess construction materials - Initiate neighborhood wide recycling program - Investigate and buy local materials whenever possible - Investigate and buy recycled materials whenever possible -Use FSC certified wood whenever possible -Use rapidly renewable materials whenever possible Indoor Air Quality -Use no or low VOC adhesives and paints - Install radon vents - Monitor for Carbon Monoxide and Radon -Limit composite materials with polymer off gassing Architecture is not the only aspect that sets InCarnation apart from other communities. Open parks, community gardens, and a dog run emphasize community and help residents to know their neighbors. Safe tree lined sidewalks increase walk ability around the neighborhood. Instead of a central area for mail, mail will be directly delivered to the residences. Also, each homeowner will be responsible for his/her individual trash collection to ensure trash and recycling needs are met. 41 �t Planning Commission PBG- 13- 01 11ncar-nalion Meredith Reckert From: Wardle, Gary <gwardle @brightonco.gov> Sent: Thursday, June 06, 2013 7:37 AM To: 'Keith Gallegos' Cc: Meredith Reckert Subject: RE: Fenton project Keith thanks for the update. We are experiencing dust forthe3 work. Con you add more water to keep the dust from our yard. You have constructed a tracking pad on 39th Place. In the meeting you agreed that all construction traffic will come into and out of the site from 38th. I hope this is still the case. 39th Place was not constructed to carry heavy truck traffic and the street is to narrow to safely accommodated large trucks. Thanks for your attention to these matter Gary Wardle 5920 w 39th Place - - - -- Original Message---- - From: Keith Gallegos [mailto:keith(@ueddenver com Sent: Friday, May 31, 2013 2:17 PM To: Wardle, Gary Subject: Fenton project Gary, We will be starting the mitigation next week Tuesday we will start the demolition greenhouses and by the end of the week will start moving topsoil.. Keith Gallegos, UGD Sent from my iPhone Confidentiality Notice The content of this email, and any attachments, is intended only for the confidential use of the person(s) to whom it is addressed. If the reader of this email is not such a person, you are hereby notified that you have received this communication in error and that reading it, copying it or in any way disseminating its content and any attachments to any other person, is strictly prohibited. If you have received this email in error, please notify the author by either calling 303.655.2000 or replying to this email immediately and permanently delete the original and any copy of the e-mail and any printout thereof. EXHIBIT 8 Meredith Reckert From: dne11542 @comcast.net Sent: Thursday, May 23, 2013 9:05 AM To: Meredith Reckert Subject: Alley 2 23 May 2013 Memo to: Meredith Reckert, City of Wheat Ridge From: Dave Newson, 3985 Eaton St. Owner and resident Re: Use of an alley which is part of a proposed development at 5801 W. 38`'' St. A MODEST PROPOSAL At the north end of this alley is a locked gate which has been in place since the greenhouse closed in the early 1970's. Since that time there has been no through traffic of any kind in the alley. The development plan of a walkway could be achieved by placing a restricted gate that would allow only pedestrian and bicycle access from the development to 38`" Ave. Limited vehicular ingress and egress from 38th Ave would be permitted by residents of Eaton St. whose west property lines face the alley. Vehicular use would be very limited and at a speed of less than five mph. I have used this alley only two times since last November. But this use is essential to me . There would be no safety hazards to pedestrians and bicyclists. The alley could left much as it is with minimum expense. I will continue maintenance requirements. Meredith Reckert From: dne11542 @comcast.net Sent: Tuesday, May 21, 2013 7:13 AM To: Meredith Reckert Subject: Alley use 20 May 2013 Memo to: Meredith Reckert, City of Wheat Ridge From: Dave Newson, 3985 Eaton St. Owner and resident Re: Use of an alley which is part of a proposed development at 5801 W. 38` St. I am petitioning the City of Wheat Ridge to allow me and my neighbors continued traditional vehicular use of th that runs behind my house. When my wife, Nancy, and 1 moved to 3985 Eaton St. in 1969 the Morrison greenhouse was in full operation. T description used the alley behind my house many times every day. For decades this alley was the sole means of to this business. When the greenhouse went out of business in the early 70's, the alley was in effect abandoned disrepair. Volunteer trees and shrubs and yard litter from surrounding residences, as well as miscellaneous trash creating an eyesore and fire hazard. The alley became practically impassible. During this time a fire, started by (we still don't know), destroyed a tree and some surrounding shrubs near the back of my residence. The Wheat l Department was able to penetrate the alley and put out the fire. Their use of the alley prevented what could have neighborhood catastrophe. Shortly after this incident Sam Morrison, owner of the greenhouse property at that time, gave me permission to t access to the back of my property as long as I maintained it. I removed the volunteer trees and shrubs and variot alley today is fairly clean and easily traversed. Each summer I removed Iitter and mowed the grass in the middlf summer I hired a chipper truck to remove wood debris. I have used this alley for over twenty years to perform v needs. Following are the reasons why the use this alley is so important to me. 1. My lot is 258 feet deep. I cannot access the back half of my property with a vehicle from Eaton of my house with wood. Vehicular deliveries (via my pick -up) to the rear of my property is conv, Otherwise I would have to stack wood in the front along my driveway creating visible and unsigl passersby on Eaton St. I also have a wood working shop in my back yard. Delivering lumber C from Eaton St. would be very difficult if not impossible. Other miscellaneous household needs ( camper during the winter months) can be expedited through the use of this alley. My next door south also uses the alley for wood supply and storage, etc. Storing unsightly items in the back promotes neighborhood neatness and overall visual appearance. 2. My use of this alley will be very limited I use it about once every two months, but that limited u necessary to me. Vehicle speed is always less than five miles per hour. Therefore, pedestrian this alley will in no way be endangered. 3. This alley is lined on either side by trees and shrubs from surrounding residences. For most of area is a potential fire hazard. If limited vehicular access is continued, fire equipment will be ab alley, as they did in the incident described above. Closing this alley to vehicular traffic would cr unacceptable fire hazard because fire equipment will have no access. Another fire, like the onE above, could occur with catastrophic results. If the alley is left as it is, I will continue to provide along the alley. 4. The developer of the Morrison property, Urban Green Development, supports keeping the alley state with limited vehicular use. Meredith Reckert From: ledesigninc @comcast.net Sent: Monday, May 20, 2013 4:22 AM To: Meredith Reckert Subject: Fenton Court Residents Hi Meredith, There are a lot of angry people concerning the Urban Green Development. Not one person at the Planning Commission meeting got up and said that this development is a good idea. The problem is, a total lack of communication with the Wheat Ridge citizens. When the first meeting of the Planning Commission was held, December 13, 2012, on the Urban Green Development, we should have had our in -put at that time. Now the issues have escalated into anger. UGD made the first mistake in purchasing the contested property. There is no access to the property for a development. What was UGD's thinking toward the Wheat Ridge citizens? I am confident that if the Wheat Ridge citizens had been brought on board, by the developer, in the very beginning of this process, we could have resolve these issues, however, that did not happen. There should be a moratorium on this project until these issues can be worked out. The threat of selling the property to another land owner that would put up unacceptable housing if the vote did not go UGD's way, is not a good way to promote their project. Sheldon May 16, 2013 Wheat Ridge Planning Commission City of Wheat Ridge Municipal Building 7500 W. 29` Avenue Wheat Ridge, CO 80033 -8001 Re: Case No. MS- 13 -02, Case No. PBG- 13 -01, Case No. WA -13 -05 Proposed development for 26 new residences located at 5801 W. 38` Avenue/4000 Fenton Street. To Whom It May Concern: We are Gary W. and Ellen P. Goodnight. Our home address is 5825 W. 39` Avenue, Wheat Ridge, CO 80212. Our home phone number is 303 - 421 -7597. Our property backs up to the above proposed development. Our fenced backyard will be next to duplexes that have been indicated on architectural drawings submitted to your office. We have many concerns and questions, which are as follows: I . Due to the height of the proposed duplexes behind our home, we will be loosing our privacy in our backyard. What will the developer do to mitigate this privacy loss? 2. Assuming that the units will be air conditioned, what will the developer do to mitigate the noise of the air conditioning units? 3. We have signed Mr. Ron Olin's petitions regarding zoning and code concerns. How will your office and the developer address these issues? 4. Will this development have a home owners association? 5. Will this development have any impact on our utilities? If so, how will the developer and the City of Wheat Ridge deal with these issues? As Wheat Ridge residents, Jefferson County and Colorado taxpayers, we would appreciate a concise and timely response to our questions. Sincerely, Gary W. Goodnight Ellen P. Goodnight PETITION TO DENIEY CHANGE of Architectural and Site Design requirements. PLEASE PRINT. In the following case: Case No. MS- 13 -02: An application filed by Urban Green Development for approval of a 2 -lot subdivision with right -of -way dedication and Case No. PBG- 13 -01, a planned building group for 26 new residences (single family, duplexes and row houses) for property zoned Residential Three (R -3), located at 5801 W. 38th Ave. /4000 Fenton Ct. We request the site design be per section 26 -211. Residential - Three District (R -3) That all stated height, coverage, minimum lot area, minimum lot width, front yard setbacks, minimum side yard setbacks, and minimum rear yard setbacks be strictly enforced with no,variances allowed. NAME (PRINT) ADDRESS I DATE SIGNATURE � . Q l � a &a 13 39 0 ,c 1+.j 54. tJR Co 9 / 1/ 1 7 b chi . A ' Ovt.lA 3 9 1+ 4 P1 w rt cs $ - 1 - 13 fir... UlJ co rq-r-Z t e r VOLIj, W ILQ S • 2- 13 (, 0 �� 1-2 4Q Q .�� �+ LIZ 9 1A N j K. � s C r "Q s 1N 3 ef fh�� -Lz /l a . 3 q ` F uz SQL/ 4 <17j G- vl 0 i GvP4, t Ni 6 K• 37X iA 5/Yl 9 !S e 1 I Cj 6DZ, i Signature of circulator: MICHAEL ERICKSON Notary Public State of Colorado Notarized by: �!�/CYIC �!'�tC��S�%N�.r1� -� sea PETITION TO DENIEY CHANGE of Architectural and Site Design requirements. PLEASE PRINT. In the following case: Case No. MS -13 -02: An application filed by Urban Green Development for approval of a 2 -lot subdivision with right -of -way dedication and Case No. PBG- 13 -01, a planned building group for 26. new residences (single family, duplexes and row houses) for property zoned Residential Three (R -3), located at 5801 W. 38th Ave. /4000 Fenton Ct. We request the site design be per section 26 -211. Residential - Three District (R -3) That all stated height, coverage, minimum lot area, minimum lot width, front yard setbacks, minimum side yard setbacks, and minimum rear yard setbacks be strictly enforced with no variances allowed. NAME (PRINT) ADDRESS DATE SIGNAT RE r f� l6l S A 0rJ S - W _ L-3 ► -- h S Signature of circulator: MICHAEL ERICKSON Notary Public State of Colorado Notarized by: k1' w1'—C —& 'IC�'SGat,���% seal: c�,Yllee -S Submitted by Sheldon Ronholdt 4075 Fenton Court Wheat Ridge, CO 303.420.6251 / - 7 4000 Fenton Court /5801 W. 38t Avenue Talking Points 1. No one residing on Fenton Court, and in the surrounding community, are in favor of opening up Fenton Court to through traffic for the development of 26 housing units that is planned by Urban Green Development. 2. Urban Green Development should develop the 5801 W 38 Avenue for access instead of Fenton Court. The business address for the property is the W. 38"' address. 3. There has been no concerns, for the residents of Fenton Court or the surrounding community, by this developer, to work with us as a community of tax paying citizens of Wheat Ridge to mitigate our issues. 4. As early as the December 13, 2012, a meeting was held by the Wheat Ridge Community Development Department to discuss the completed plans, of the Urban Green Development Company. The Fenton Court residents at that time should have been notified by mail of the developer's plans so that any misinformation could have been averted. 5. There is contaminated dirt on the property at 5801 W. 38" street address and when removing this dirt, the residents of Fenton Court would object to its hauling on Fenton Court. All construction vehicles should use the business 5801 W 38 address for access. 6. The street parking that is available to the Fenton Court residents is limited, and to have an over flow of parking from the development will cause additional congestion to our street, and additional safety hazards, and illegal parking in front of our driveways. This will inevitably happen with the increased congestion on Fenton Court if it is opened up to through traffic. wr-%#L^rw^ i "m ur rLpmeoto tsunima aRoup WEREAS, SCOTT K:ERE HAS SAMIMD, A PLAVRNCq OU WN, OPOUN Y LAN FOR THE a" I OF %HEAT RFDOVS APPROM PURSUANT TO WCAT A DOE, CD 1 1' LAWS, FOR TKE LAND AREA LEGALLY DESMETEA AS A A,- AR, OF LAND BUNG UDkT SAME PARCEL Of LARD ROPERRED, 10 W WARRANTY SETS RECORDED AT RECOPIRAF hjIABOT OTT 242877? 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AND VIE DESCH MMWAt SHALL AFRA A TO THE PROPOSED 4ULCrAW: Y POW ROUS"S ONLY, 9 TRASH PICK -AP SMALL 8z ArRVSSD TO OE)tVDUAL REF3Drycm 9 NOW- SAIL. or, DWYERED 10 m�mmowt RFSTEDENCEL 30 a Is 30 60 - --------- is S J Fl - T -1 So La i AD M 4 91, 4-- 0IOGSAIAL SENILE W 391,'H AVE SURVEYORPS CERTIFICATE N'4 77&52' r E STATE Of C=RADO g Mir 00 REAW CERTTF' TRA T IRE ECSTASY CF TK aDUNDAr' O! -A, CDUNTY OF , mFsO4) TOD C= AA 5Y' )AF, CRT IN)ER MY DSRFC7 SVPYRATON MY KNOWED9, A "ILDR -`Al: WAS AQA`NRVLDClfO BEFORC ME NYS OF A,R, 20 !MrCTRMAC,* AND KOS', ACILYAOANC WTH ALL APF!ZZ S WRATEN REVISED CD AS AVIENTLED THE ACC0FTAlAYl,5 ""'COS N 'WO O`Ft AL DEAN, MY COMMMSON EXPM7A nAT ACELRATEL REPRrSENTS SAO SLAWT1 I*WtkmAwxm Lei R. 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De T' S R CNDSOOOT 0'C.D$, EVID. me VAL$ 0 -, HF PAIELAT44AW TO CREATE A MASON VEXTS � R -MRFW�,MR HER ILAR&ON vERAL)OCH AID APART COvqTyY CcRK WC, A - AND R ORDER TO JE-1f, %CN C-1,11TY AT 1XV4 AND SJV,,A%ATkZ PRA,&Cl� -NM � COMPOSTE MAIT4 WTH PMAVER OF PASSING GO DfN, CO-OTAW, A LO'k W. ON nRE , ECIVRL S PAT TUE OW Y ASLACC� PAT AVIS ADFINNkNON AAN' 1 44 SAY OF ulE-Q=x- 01AARC, 0, '.;CALM UkMEP RANKS, OTNMVATY CATIMVS AND A ORA RuN -LOCAIED MYRIN WALK WA M57ANCE ") CWIMUTHT, AVEM',,ES SAP ASIZE COMMON, AND lial. RESTRANTS To . ZSA NO"isToD, ao"X- PACE—— RECYPTON NO, --,NUU AN5 N01 - USk PERWEAM- PAWMEN'� 0A FAVTA'F 5 N X ASA�TY AWYJAAY TK N EKL ATE FACE UNDO WREW&KS AtTREASE W , ,30M400D INSWkO I A CENTRAL kALA FR Ai V A MA - MAT , AFL, OF JEF FEASOU COURTY CLERK AND RECORDER DEVEECA"FON7 -OCEAN' $3094 WATER AN SVIE Wr+ LAN5SOATRN, AD VITIA, P. 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A STORM SEV INLET e s 7 ti 4L � , STREETS 3 of 10 F .,(.....a matio n i SINGLE FAMILY DESIGN m COMPOSITION Sl - RIGHT ELEVATION I HARDI-PLANK SIDIN COMPOSITION SHINGL architecture am mm-l- NG ML Loal KAUNU FROM LLtVAIIUN ion Carnafi DUPLEX DESIGN HARDCOAT STUCCO ----------- I � f FRONT ELEVATION DWS J STUCC( VINYL WINDOWS C OMPOSITION SHINGLES ■ architecture M 09 R* wl I FWVI�L/f -F W 1 4 N REAR ELEVATION SIDING 'Carnation ROWHOME A DESIGN VINYL WINDOWS architecture HARDCOAT ST U( FRONT ELEVATION (...arnation I HARDCOAT STUCCO PAINTED METAL DA�� Mir REAR ELEVATION ■ architecture LEFT ELEVATION VINYL WINDOWS om I arch itectu re RIGHT ELEVATION 9 of 10 FRONT ELEVATION W**v.lmT*v,*rl 2 m i architecture LEFT ELEVATION I NUAR ELEW I lUN COMPOSITION City of Wheat Ridge Municipal Building 7500 W 29 Ave, Wheat Ridge, CO 80033-8001 P: 303.2352846 F: 303-235,2857 • n I #a I any 1 . 4 # tolo) # # LOMMI LWO) # 4 1. The developer work with staff and the community to determine access on the alley and the fencing conditions, June 20, 2013 was designated for the hearing continuance. Enclosed is a draft copy of the minutes stating the Commission's decisions, Enclosure: Draft of Minutes www.cLwheatridge.co.us Planning Commission Minutes -2— May 16, 201 property. A_ t"A - , vwvY"&%A,WN recomr a c w u*w W, e amenities' i1s, missi ner esi on 9w Planning Commission Minutes May 16, 2013 -3— i axxassv �, lr. C, , n coran ,,l and a€ld t otia open luvr B 11` th a ll h to c Ms leckert sit des meet the to U`t Planning Commission Minutes May 16, 201 r t h'- I out t )n the Sly 33 ri 40 i the Inii will b LEED Certified. M. Y oung he'apply" "I" certification but the project will be built lords. I the n 14 her of trees has been reviewed by staff and the plan t r rnent,. "The park fees will be determined by City Council. opened the public hearing. two notarized petitions signed by �T of the neighbors. The m, — • Janine Rose 5830 W, Ms. g"id not' t,""'p as he Sheldon , ° old ,� M , 4075 F 0 ent e nd the t d material is prop c)pe �`��tr3 ����wutr Dave Newson 3985 Eaton St. Mr. I wson stated his concerns about the flagpole/alley as he uses it to access his property like many of the other neighbors. A fence will prevent rear property Planning Commission Minutes -6— May 16, 2013 access for the homes on Eaton, Mr. Newson would prefer -5 houses instead of 26 residences. Mary ,Anon Whitehead 4040 Fenton Cat. Did not speak as her concerns had been addressed. Joanna Buchholz 4075 Fenton C`;t. Ms. Buchholz stated her concerns about traffic, fet and crime. Chris Whitehead 4040 Fenton Cat. Did not speak as his co ncerns had been addressed 1 N oah Lorenz( 4040 Fenton Ct. 1 1 tz, Did not speak as his concerns had ben addressd. t tt tt �1r t Darcy St. A.t bin : s, ,,Y1Ln 5920 W. 39` Pl. Ms. A bin stated her concern *i ehtrarie on 39` place being narrow due to parking on bath sides of the street. h also con red about safety for the childrem ' t tr Cary Wardle 5920 ' Pl. a Wardle s fed h n s for uyp emal hazards, fencirt , lighting d. 1 .,, liil tt ' t� ek for t� ►ropos tur�ect to his property. }s' �� yta a Fatrich . 9t l id not speak ,s er concerns had been addressed. .l udnni ce 5 Did not s er concerns had been addressed. Lon Wheeler 5760 W. 41 A Did not spear as his concerns had been `addressed. Albert Hohl 5947 W. 39� Pl. . Hohl voiced his concerns about the connection to 39` Ave, and the interru o f the peacefulness in the neighborhood. Plann Commission Minutes `7— May 16, 2013, 5785 W. 38 Ave. Mr. 6rdova stated his concerns ab6nt Dale Hurley 4090 Fenton Ct. Mr. Hur ley stated his col Ms. Allen st d her con, �. )f dwellings proposed and is anour.,ttie noise :tratt3 , number of units and ve. aik abat cks, toxic waste, lack of Ro per, 4� ' back"" ards an 'the flpale /alley if a 1 Y ` --cased",' ' ay through the flagpole. & RATIO t h pentaN� at Randall Ra *1. `� Y thy Wardl tik" �� Y1 th lae ls. idle stater COT along de cancer allotted c, acre mitigate iew'ta the east. Albert Hohl 5947 W. 39" pl, Mr. HOW expressed his concern with safety and crime. Brenda Hurley 4090 Fenton Ct. Plan ning Commission Minutes May 1, 2013 pro e t � 1 tS 1ncluum "I;, t cant i cts sa�aap; Asa sac k B g rime ter agreed td by Urban Green. re l . to replacement of the current two dead zment ec hater duality. vn in the presentation is not the vision for the property. ig �' e lot is permitted b the R -3 onin n y sl t e9I crgy. ilie "es will be very with almost no electric Urban Green will pay for the cleanup of the contaminated soil and will use all 3 access points to do so. Contact information for the f' the neighbors i problems arise during construction. The alley /flagpole for use by the neighbors can be accommodated. Commissioner DURAN stated the neighbors wanted to be' heard `and thanked the applicant for answering all the questions. Planning Commission Minutes - May 1, 2013 Planning Commission Minutes _ 1 — M May 16, 20113 Planning Commission Minutes May 16, 2013 D ^ ✓t s yl 5 yo _- 3 - 1 { k = — U c J a �r tit,t �� _ 1rvv�c C l s — , ct- -2--r a. � "i � � V _�..� a'I a t—. 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Q CD IrD n n CD n � CD (� CD A) (� ►-t p � CD ►-- C7 � �--r CD Cl. 5� CD CD CD CD CD � CD oz O • CD Un CD N CD �3 O �71 �7• CD 1 * „ 4' City of - A eat i e COMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission CASE MANAGER: Meredith Reckert DATE: May 16, 2013 CASE NO. & NAME: Case No. WA -13 -05 and PBG- 13-01 /Incarnation ACTION REQUESTED: Approval of a Planned Building Group to allow multiple structures on a single parcel with setback variances LOCATION OF REQUEST: 5801 W. 38` Avenue /4000 Fenton Court APPLICANT: Urban Green Development APPROXIMATE AREA: 2.5 acres PRESENT ZONING: Residential -Three (R -3) and Neighborhood Commercial (NC) ENTER INTO RECORD: (X) CASE FILE (X) ZONING ORDINANCE (X) Digi presentation WA -13 -05 & PBG -13 -01 1Incarnation All notification and posting requirements have been met; therefore, there is jurisdiction to make a decision regarding this request. I. REQUEST The applicant is requesting approval of a planned building group (PBG) for property zoned Residential -Three (R -3) and Neighborhood Commercial (NC) and located at 5801 W. 38 Avenue /4000 Fenton Court. The purpose of the request is to allow multiple structures on the property in preparation for development of 26 residential dwelling units. An accompanying case (Case No. WA- 13 -05) is required to approve setback variances in the development. The motion for Case No. WA -13 -05 shall be made prior to the motion for the PBG (Exhibit 1, Applicant request). Pursuant to Section 26 -116 of the code of laws, PBG site plan is required in all zone districts other than planned development and mixed use districts for properties on which more than one primary structure is proposed. An application for more than four main structures requires approval by the Planning Commission at a public hearing. This case will not require review by City Council. Per Section 26- 116.D.2., the decision of Planning Commission is final. Appeals from a Planning Commission ruling shall be to the Jefferson County District Court. The applicant is also requesting a minor subdivision with a right -of -way dedication approval by Case No. MS- 13 -02. In this case, City Council will be the final authority with a recommendation from Planning Commission. See separate staff report for Case No. MS- 13 -02. A neighborhood meeting is not required for a Planned Building Group application. II. PROPERTY DESCRIPTION /HISTORY The property is located at 5801 W. 38 Avenue and is zoned Residential -Three (R -3). The property is a flag lot, with a narrow strip of land connecting the parcel to W. 38 Avenue; this strip is 16.5 feet wide and extends nearly 650 feet long. The southern half of the "pole" is zoned NC. The main portion of the lot is located at Fenton Court and W. 39 Place, both extended, and has an area of approximately 2.26 acres. Including the flag pole portion, the entire lot is about 2.5 acres in size. (Exhibit 2, Aerial photo) The property is embedded in a residential neighborhood. To the north, south, and west are parcels zoned R -3 with single- and two- family homes and several multi - family apartment buildings to the northwest. To the east are parcels zoned R- I A with single - family homes on large lots. (Exhibit 3, zoning map) Historically, the site was used for growing carnations. Two accessory structures remain on the western half of the lot. A farmhouse is located in the northeast corner of the property which will be incorporated into the development. Based on Jefferson County Assessor records, the house was originally constructed in 1877. Access into the property for the greenhouse use was gained from 38 Avenue through the "flagpole ". The permitted density calculation in the R -3 zone district is one unit is permitted for every 3630 square feet of land area or 12 units per acre. Given a net lot size (gross acreage minus right -of -way dedication) of 96,008 square feet, 26 residential dwelling units are permitted to be built on the site. (Exhibit 4, property photos) WA -13 -05 & PBG -13 -01 1Incarnation 2 III. PROPOSED SITE PLAN A planned building group entails site plan review for a parcel with more than one primary structure. The purpose of a PBG is to promote better overall utilization of a site through comprehensive review of elements such as circulation, access, parking and building layout. (Exhibit S, Planned Building Group) The applicant is proposing to develop a residential community comprised of 26 units. The unit breakdown includes seven single family homes including the existing house, eight duplex units in four buildings and eleven row houses in two buildings. All of the units will be two stories in height. The R -3 zone district setback regulations vary based on unit type as demonstrated in the following table. There are four structures in the proposed development which cannot meet the front or side setbacks due to proximity to the street. See section IV. Variances required. Street system/ Public improvements installation Currently, Fenton Court and W. 39` Place dead end at the property boundaries. These roads will be continued into the lot to intersect and be dedicated as public right -of -way. The width of the right -of- way dedication is 47 feet (see image below). This street section will accommodate two travel lanes, a 5 -foot wide tree lawn, and 5' wide detached walks on both sides of the street. This roadway section does not accommodate on- street parking. The right -of -way will be dedicated by the plat document. WA -13 -05 & PBG -13 -01 1Incarnation R -3 Zone District Required Setbacks Single Family Construction Front: 25' Side : 5' or 25' when adjacent to public street Rear: 10' or 25' when adjacent to public street Duplex Construction Front: 25' Side: 5' per story or 25' when adjacent to public street Rear: 10' or 25' when adjacent to public street Multi - Family Construction Front: 25' Side: 15' or 25' when adjacent to public street Rear: 15' or 25' when adjacent to public street There are four structures in the proposed development which cannot meet the front or side setbacks due to proximity to the street. See section IV. Variances required. Street system/ Public improvements installation Currently, Fenton Court and W. 39` Place dead end at the property boundaries. These roads will be continued into the lot to intersect and be dedicated as public right -of -way. The width of the right -of- way dedication is 47 feet (see image below). This street section will accommodate two travel lanes, a 5 -foot wide tree lawn, and 5' wide detached walks on both sides of the street. This roadway section does not accommodate on- street parking. The right -of -way will be dedicated by the plat document. WA -13 -05 & PBG -13 -01 1Incarnation 47' Minimum ROW 5' Min. 15' Min, 1 2.5'1 11' 1 11' 12.5' 1 5' Min. 5' N1 in. Side- Buffer/ walk Lane Lane 1P M Cross - Section L2: 2 -Lane Local Buffer/ I Side - meniliesl walk . . Because the existing W. 39 Place has a substandard street width, the new roadway section will need to taper where it approaches the western property line. The pavement widths will be similar and the detached sidewalks should transition to meet the existing attached sidewalk. The "flagpole" portion of the property measures 16.5' wide x 646' long. While it historically provided access to the site, it is not wide enough to accommodate vehicular traffic to the project in accordance with today's standards. The developer will improve this strip of land with landscaping and path construction to provide pedestrian access to 38 Avenue. Landscaping Section 26 -502 of the zoning code establishes landscape standards for residential development. The code distinguishes between low density (single and two - family) development and multi - family development. Because of the mix of unit types, staff has applied the multi - family standards which are more restrictive than those for single family development. The proposed plan exceeds the 30% minimum landscape standard with 42% landscaped coverage; this figure includes the "pole" area. At this point, no perimeter fencing is proposed; however at least one neighbor to the east has requested a six foot fence be built, as have neighbors to the south. Landscape amenities include construction of a path and landscaping down the pole to 38 Avenue, a playground and a "dog park" area. The site plan also exceeds the standards for quantities of trees and shrubs required. In addition to street trees, Section 26- 502.D.3.b. requires one additional tree and ten shrubs for every 1000 square feet of required landscaped area. Based on lot sizes, the additional plant counts would be 28 trees and 280 shrubs. The applicant is proposing to plant 34 additional trees and 728 shrubs. The single and two - family units will have their own, small yard space. Fencing within these areas will be allowed. Parking WA -13 -05 & PBG -13 -01 /Incarnation 4 All of the units will have two covered parking spaces. To compensate for the lack of street parking, 15 visitor parking spaces have been provided. In addition, the single family homes at the northeast corner of the development each have an additional two uncovered spaces. The amount of parking provided is consistent with Section 26 -501. IV. VARIANCES REQUIRED Front and side yard setback reductions As mentioned above, the proposed structures meet all minimum setback requirements with only four exceptions. The minimum front yard setback in the R -3 zone district is 25'. If a property is a corner lot or has street frontage next to a side yard, the 25' setback is required there as well. Because of the street configuration connecting Fenton Court to West 39` Place, four of the buildings require setback variances for reduced front or side yards. The following chart compares the required and proposed setbacks. The building letters refer to those on the attached map (Exhibit 6, Variance location map) Variance criteria In order to approve a variance, Planning Commission must determine that the majority of the criteria for review listed in Section 26- 115.C.4 of the City Code have been met. The applicant has provided a response to the criteria. (Exhibit 7, Applicant's response) Staff provides the following review and analysis of the variance criteria 1. The property in question would not yield a reasonable return in use, service, or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located. If the variance requests are denied, the property could be developed by maximizing the height and density regulations in the R -3 zone district. All of the structure types proposed can be 35' in height. This could have resulted in a traditional apartment or condominium complex three stories in height with 26 units and surface parking. Instead, the project combines three housing types which are aesthetically pleasing and are more compatible with zoning and land use in the neighborhood. Staff finds that this criterion has been met 2. The variance would not alter the essential character of the locality. WA -13 -05 & PBG- 13- 01dncarnation 5 Most of the home construction in the vicinity occurred in the 1940's and 1950's. There is a mix of housing styles in the area including small and large lot single family, duplexes and multi - family, in addition to commercial. The mix of housing types proposed is similar to the established mix of housing types in the vicinity. A cursory review of case history in the area since incorporation indicates that there have been variances granted in the past including front, side and rear setback variances and that there are existing non - conforming structures that do not meet required setbacks. The variances are interior to the site and will not affect the character of the established neighborhoods. The setbacks reflected on the site plan are consistent with a more neo- traditional design that is being proposed. Staff finds that this criterion has been met. 3. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. This project represents substantial capital investment in the property. While the variances accommodate the mix of housing types, the property could be developed into a traditional three -story apartment complex and could be a rental product instead of an ownership product. Staff finds this criterion has not been met. 4. The particular physical surrounding, shape or topographical condition of the specific property involved results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out. The main portion of the property is regular in shape but the extension and intersection of the streets must be accommodated through reduced setbacks. Alternative street configurations could have been an extension of a street with a cul -de -sac bulb from either Fenton or 39` Place. This design would have resulted in a concentration of traffic on either one of the two streets. The extension of both streets into the property results in dispersion of vehicular trips to and from the development instead of forcing it onto one street only. This more desirable transportation design, however, results in more public street frontage and more stringent setback requirements. The existing residential zoning regulations are typical of 1950's style of development with large front yard setbacks and small side and rear yards. Instead of requesting variances around the perimeter, the applicant chose a layout which is more contemporary in nature with a shallower, consistent street edge and increased landscaping around the perimeter. In addition, the "flagpole" while being used for the density calculation, is not wide enough to be used for any building construction. Upgraded design features in the development includes increased landscaping, open space amenities and covered parking for all of the units which helps mitigate impacts of the setback reductions. Staff recommends that 6' high solid fencing be constructed around the perimeter of the "flag" portion of the property to provide additional buffering. Staff would not support 6' solid fencing along the "pole" as it would result in a canyon - effect. WA -13 -05 & PBG- 13- 01/Incarnation 6 Staff finds this criterion has been met. 5. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. The applicant has created his own hardship by proposing an innovative design requiring setback variances. The applicant had explored rezoning the property from R -3 (which allows 12 units per acre) to Planned Residential Development. The PRD zoning allows 21 units per acre which if the property had been rezoned, could have resulted in 46 multi - family units on the property, instead of the 26 being proposed. Staff finds this criterion has not been met. 6. The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, substantially or permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood. The proposed development will provide a public benefit by increasing the diversification of the City's housing stock for contemporary home buyers. Extension of the streets into the property will provide continuation of the City's street and pedestrian grid which will also benefit the public welfare. The property has not been adequately maintained and development should have a positive impact on aesthetics and property values in the neighborhood. Although there could be some reduction on the amount of light and air to adjacent properties, the applicant has minimized the impact by pushing buildings closer to the street and providing upgraded perimeter buffering. Staff finds that this criterion has been met. 7. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. Circumstances are unique in that the property is one of the last infill lots in Wheat Ridge with inadequate access. However, there are no unique circumstances in the neighborhood that necessitate the variances. Staff finds that this criterion has not been met. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. Approval of the subject variances would not result in a reasonable accommodation of a person with disabilities although two of the units will be handicapped adaptable. Staff finds that this criterion is not applicable. TV4 -13 -05 & PBG- 13- 01dncarnalion 7 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual The property is located in the suburban overlay district which means development should follow the standards of the underlying zoning. Aside from the setback variances, all requirements for the R -3 zoning and multi - family development have been met or exceeded. Many of the proposed improvements on the site are consistent with the desired development attributes identified in the Architectural and Site Design Manual (ASDM). Those would include increased pedestrian connectivity both along the public street and through the site. The development also shows upgraded landscaping around the perimeter and open space amenities with a playground, a dog park and the path connection to 38` Avenue. Each of the units will have their own trash service so there is no need for communal trash dumpsters. As recommended in Section 4.3.4 of the ASDM, no garage doors face the public street. The Architectural Standards of the ASDM apply only to the row houses as single and two - family dwellings are exempt. However, architectural details shown for the rowhouses are mimicked by the facades of the houses and duplexes providing cohesion within the development. Thematic architectural elements include the use of hardcoat stucco, lap siding and metal accents. Other common design elements include the use of shed -style roof lines, patios and entrances canopies. The applicant will continue working with planning staff to ensure the requirements for facade treatment, articulation and transparency can be met. Staff finds that this criterion has been met. V. PLANNED BUILDING GROUP CRITERIA In order to approve a planned building group application, the Planning Commission shall consider the criteria listed in Section 26- 116.D.3. of the city code. The applicant has provided an analysis of the application's compliance (Exhibit 8, Applicant's response). Staff provides the following review and analysis of the criteria: 1. The proposed plan complies with the zoning and development code and is not contrary to the general welfare of the immediate neighborhood and economic prosperity of the city. Except for the setback variances, the proposed development meets or exceeds the R -3 development standards, parking and landscape standards. The application also meets the broader goals identified in the City's Neighborhood Revitalization Strategy (NRS) for encouraging investment in property, the creation of new housing stock, and thoughtful residential design. The variety of home styles in the development will offer additional home choices for the contemporary home buyer. Development of a previously blighted property should have a positive impact on the neighborhood both aesthetically and investment wise. Staffconcludes that this criterion has been met. WA -13 -05 & PBG- 13- 014ncamation 8 2. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual (ASDM). Many of the goals of the ASDM are being met with the proposed development. Those would include increased pedestrian connectivity, extension of the City's street network system, upgraded landscaping around the perimeter and open space amenities. The row houses comply with the applicable architectural design requirements of the ASDM. Staff finds that this criterion has been met. VI. AGENCY REFERRALS All affected service agencies were contacted regarding their ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development. Specific referral responses follow. Xcel Energy: Can serve. Wheat Ridge Sanitation District: Has an existing 8" main extending south to north through the property. Wheat Ridge Fire Protection District: Additional hydrants will be required to meet the water supply requirements of the District. Access lanes appear adequate; however, the entry passageway accessing the existing single family should be widened to a minimum of 20' Wheat Ridge Building Division: Has conversed with the contractor regarding the building permit review process. Wheat Ridge Police: No concerns. Wheat Ridge Parks and Recreation Commission: The developer proposed to the Parks Commission that the "pole" portion of the lot be improved and be allowed for use by the general public. The costs of the improvements would compensate for a portion of the parks fees required with the development. The Parks Commission chose to recommend to City Council to have cash payment for all of the park fees. Wheat Ridge Public Works: Has reviewed drainage report and traffic plans. They have concluded that the existing street network system can adequately handle the traffic generated by the proposed development. VII. STAFF RECOMMENDATION Staff finds the request for setback variances is in compliance with the majority of the of the review criteria. Staff further concludes that the proposed planned building group meets the requirements of the zoning and development code and the ASDM. For these reasons, Staff recommends approval of the planned building group and accompanying variance request. VIII. SUGGESTED MOTIONS: WA -13 -05 & PBG -13 -01 1Incarnation 9 VARIANCE Option A: "I move to APPROVE Case No. WA- 13 -05, a request for approval of setback variances in conjunction with Case No. PBG- 13 -01, for property located at 5001 W. 38` Avenue /4000 Fenton AN�L Court, for the following reasons: 0 1. The variances would not alter the essential character of the locality as they are internal to the site. 2. The request would be not detrimental to public safety or welfare. �� 3. The proposed design provides a better traffic arrangement. 4. Site enhancements such as increased landscaping and open space amenities compensate for the variances. 5. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. 6. A majority of the evaluation criteria support approval of the request." Option B: "I move to DENY Case No. WA- 13 -05, a request for approval of setback variances in conjunction with Case No. PBG- 13 -01, for property located at 5001 W. 38` Avenue /4000 Fenton Court, for the following reasons: 2." ?LANNED BUILDING GROUP � a Option A: "I move to APPROVE Case No. PBG- 13 -01, a request for approval of a planned building `�,� group on property zoned R -3 and NC at 5001 W. 38 Avenue /4000 Fenton Court, for the following > reasons: L 1. The proposed site plan is less impactive and more in character with the neighborhood than traditional multi- family development. 2. The application complies with the applicable standards set forth in the Architectural and Site Design Manual. 3. The application is in compliance with the evaluation criteria. With the following conditions: 1. The applicant continue working with planning staff to ensure the requirements for facade treatment, articulation and transparency can be met. 2. A six foot high solid perimeter fence be built around the "flag" portion of the development. 3. The entry passageway accessing the existing single family should be widened to a minimum of 20 feet." 4. Option B: "I move to DENY Case No. G- 13 -01, a request for approval of a planned building group on property zoned R -3_4� C t 5001 . 8` ^ Avenue /4000 Fenton Court, for the following reasons: 1 ►' l. 2. " S WA -13 -05 & PBG- 13- 014ncarnation 10 4-- URBAN GREE I would like to take this opportunity to introduce you to InCarnation CSC a "Conscientious, Sustainable Community" The project is a 2.6 acre ill site zoned R3 that has a few unique characteristics. You will see from the survey that the project is bordered on the North by Fenton Court and on the West by West 39' Place. There is an interesting pan handle that comprises .25 acres that extends from the property to the South all the way to 38'". We intend to develop the land with a mix of homes including single family, patio homes and row homes in a mix we feel is appropriate for the market. Our intent is to develop the project by right and we are not asking for any variances to the land use code. This application serves two purposes, first the minor subdivision which is the process the city uses to accept public dedications for the road and second a PBG application to approve the site plan. City staff has been very helpful and encouraging in guiding us through this application process. They have indicated that this project is right in line with the best interests of the city and the community. This project fills some gaps for the city with regard to fire protection and infrastructure patterns not to mention cleaning up a significantly contaminated site. We would like the city to waive our park fees in lieu of us creating a pedestrian connection between the project and 38' street. This will facilitate the walkability of the site and encourage the residents to interact with the commercial elements along 38' This project brings new blood to the city of Wheat Ridge which should facilitate the improvements of the commercial properties along 38 This is the right project at the right time. Even though the PBG does not require a neighborhood meeting it is our intention to host a meeting on the site with the neighbors during the third week in April. We look forward to working through the details of the project with staff, planning board and council. Best Regards The Staff at Urban Green Development 621 17th Street Suite 1777 Denver. CO 802930621 3D3.UGD.1000 303.284.2871 UrbanGreenDevelopments corn Exhibit 1 —Applicant narrative WA -13 -05 & PBG- 13 -01 11nca 1 1 Exhibit 2 — Aerial Photo WA -13 -03 & PBG -13 -01 /Incarnation 12 Exhibit 3 — Zoning Map WA -13 -05 & PBG -13 -01 /Incarnation 13 Entrance into the property from 38`" Avenue Looking east on 39" Place where street dead -ends at property Exhibit 4 — Site Photos WA -13 -05 & PBG- 13- 014ncarnation 14 Looking west on 39' Place towards Harlan Looking south on Fenton Court towards property WA -13 -05 & PBG -13 -01 11ncarnation 15 Google image of property Looking south across property from dead -end on Fenton Court WA -13 -05 & PBG- I3- 014ncarnation 16 Or SITE DEVELOPMENT PLAN Exhibit 6 — Variance map WA -13 -05 & PBG -13 -01 1Incarnation 17 - Building - Reduced Setback The Applicant would request a variance to the standard building setbacks to a public street where 25' would be required the applicant would ask that the setback be reduced to 6 -10'. This request is appropriate as unique conditions on the site make it difficult to provide the quality of project without the exceptions. The Applicant meets 8 of the 10 established criteria for a variance. Criteria for review: The planning commission shall base its decision in consideration of the extent to which the applicant demonstrates a majority of the following criteria have been met: a. The property in question would not yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located. Without the relief afforded the variance the project would produce fewer units but still require the same amount of infrastructure thus pushing the cost of the project up to the point where it might not be viable. The applicant alternative would be to build more multifamily units or apartments by right which would not be as desirable for the neighborhood. b. The variance would not alter the essential character of the locality. The neighborhood is comprised of a variety of units and the applicant has tried to preserve that variety. Adjacent to the property are single family homes and apartments with a density that varies from 4 to 24 units per acre. In the new urban style of design the applicant has tried to provide for a variety of units on tire site including single family homes, patio homes arranged as duplexes and row homes or town homes. The nature of the project was defined by the location of the two primary access points Fenton Court and West 39` Place. The project was further defined by the city requirement for Public right of way or street width. The street we are using to connect the two points of entry is wider by requirement than the streets we are connecting to. This creates an awkward amount of depth in which to locate the various units. But the most compelling argument is float the applicant is not requesting a variance where the project abuts existing developed neighbors. The only variance requested is in the interior of the project, and the variance is in character with the new urban design proposed by the applicant. C. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. d. The particular physical surrounding, shape or topographical condition of the specific property involved results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out. The nature of the project was defined by the location of the two primary access points Fenton Court and West 39` Place. The project was further defined by the city requirement for Public right of way or street width. The street we are using to connect the two points of entry is wider by requirement than the streets we are connecting to. The number and type of units would be severely limited e. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. The nature of the project was defined by the location of the two primary access points Fenton Court and West 39 Place. The project was further defined by the city requirement for Public right of way or street width. The street we are using to connect the two points of entry is wider by requirement than the streets we are connecting to. This was an existing condition and the street width was defined by code. Exhibit 7 — Variance Criteria WA -13 -05 & PBG -13 -01 /Incarnation 18 f. The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, substantially or permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood. In fact the development of this property as proposed by the applicant not only does not have a negative impact on the neighborhood but it also has a substantial benefit to the neighbors and the city as a whole. The existing site was highly contaminated with dangerous toxins as a result of the use as a carnation farm the applicant is cleaning the site and it will be made safe for the community. Furthermore the surrounding developed properties are underserviced for fire protection and the ensuing development will create better access for emergency vehicles and install fire hydrants that will greatly enhance the safety and security of the area g. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. The nature of the project was defined by the location of the two primary access points Fenton Court and West 39` Place. The project was further defined by the city requirement for Public right of way or street width. The street we are using to connect the two points of entry is wider by requirement than the streets we are connecting to. h. Granting of the variance would result in a reasonable accommodation of a person with disabilities. i. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual WA -13 -05 & PBG -13 -01 /Incarnation 19 UReRn "REEF DEVELOPMENT InCarnation C.S.C., LLC 5801 West 38th Avenue PROJECT NARRATIVE 621 17" St Ste 1777 Denver. CO. 80293 www.urbangreendevelopments.com Urban Green Development's vision for a conscious and sustainable community in Denver begins with a centrally located urban infill lot. The firm's focus for all new work has moved away from 'new sprawl' and enthusiastically toward urban infill. The architecture is simple yet, deliberately planned. These "not -so -big " houses are sustainable in nature, using fewer materials to build and requiring less energy to occupy. The massing is efficient with passive solar orientation and effective daylighting. The interiors contain multi -use rooms without excessive ceiling volume. Sleeping units are primarily located on upper floors to maximize heating efficiency during the winter months while venting properly for the summer months. Evaporative cooling is a planned option. The style is modern and appealing to the masses, with fresh and bold colors strategically planned. Lower pitched roofs have been abundant with architecture in Colorado for hundreds of years for several reasons. First. retaining the snow on the roof is an effective means of additional insulation. Second, heating large cathedral ceilings is wasteful. It also allows for more day lighting, has less surface area and thus allows for fewer materials. The beauty of each residence comes not from expensive materials and massing but from intrinsic thought. SUSTAINABILITY PROGRAM Sustainability is our responsibility, not a luxury of the modern age of development. We as design professionals and developers need to make sure we are doing everything we can possibly do to lower our impact on the environment and the energy that is required to heat /cool our buildings. There has been a global shift towards creating energy conscious buildings. Below are the goals of the development to create a conscious and sustainable project: Site - - Located within walking distance to community amenities Exhibit 8 — ASDM Criteria WA -13 -05 & PBG -13 -01 1Incarnation 20 - Infill and not Greenfield -Use permeable pavement or pavers - High- density development - Detain storm water on site with landscaping and as little pavement as possible -Use a light colored roof material to decrease heat island effect Water Saving - Xeriscaping with plant materials that require little or no watering - Direct roof runoff to landscaping requiring water - Install two - button water saving toilets - Install low water use shower heads Energy Conservation - Install PV cells and take advantage of tax credits -Use high efficiency heating (95 %) - Install evaporative coolers in lieu of air conditioning - Orient buildings in an east -west direction to enhance passive solar characteristics ++ Design for abundant delighting during winter months and shading during summer months: with overhangs, strategically placed windows and shade trees -Solar tube daylighting - Install cost effective automated lighting controls - Install programmable thermostats linked to automated systems -Low E glazing Materials - Require contractors to recycle excess construction materials - Initiate neighborhood wide recycling program - Investigate and buy local materials whenever possible - Investigate and buy recycled materials whenever possible -Use FSC certified wood whenever possible -Use rapidly renewable materials whenever possible Indo Air Quay -Use no or low VOC adhesives and paints - Install radon vents - Monitor for Carbon Monoxide and Radon -Limit composite materials with polymer off gassing Architecture is not the only aspect that sets InCarnation apart from other communities. Open parks, community gardens, and a dog run emphasize community and help residents to know their neighbors. Safe tree lined sidewalks increase walk ability around the neighborhood. Instead of a central area for mail, mail will be directly delivered to the residences. Also, each homeowner will be responsible for his /her individual trash collection to ensure trash and recycling needs are met. WA -13 -05 & PBG -13 -01 1Incarnation 21 If you have any questions plans, • Division 303-235-2846. MS 1302, PBG 1301 CSC WA 134 .doc Www.d.whestridge.co.us Vicinity Map Site CITY OF WHEAT RIDGE NOTICE OF PUBLIC HEARING BEFORE PLANNING COMMISSION NOTICE IS HEREBY GIVEN that a Public Hearing to consider Case No. MS- 13 -02, Case No. PBG -13 -01 and Case No. WA -13 -05 filed by Urban Green Development for approval of a 2 -lot subdivision with right -of -way dedication and a Planned Building Group for 26 new residences (Single Family, Duplexes and Row Houses) with setback variances for property zoned Residential Three (R -3) located at 5801 W. 38` Avenue /4000 Fenton Ct. will be held in the City Council Chambers, Municipal Building at 7500 West 29 Avenue, Wheat Ridge, Colorado, on May16, 2013 at 7:00 p.m. All interested citizens are invited to speak at the Public Hearing or submit written comments. The full text of this notice is available in electronic form on the City's official website, www.ci.wheatridge.co.us Legal Notices. Copies are also available in printed form in the Community Development Department. Published: Wheat Ridge Transcript, May 2, 2013 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on May 16, 2013 at 7:00 p.m., in the Council Chambers of the Municipal Building at 7500 W. 29�ue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303 -235 -2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. The following case shall be heard: Case No. MS -13 -02 Case No. PBG -13 -01 and Case No. WA- 13 -05: An application filed by Urban Green Development for approval of a 2 -lot subdivision with right -of -way dedication and a Planned Building Group for 26 new residences (Single Family, Duplexes and Row Houses) with setback variances for property zoned Residential Three (R -3) located at 5801 W. 38` Avenue /4000 Fenton Ct., and legally described as follows: COMMENCING AT SAID NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOU THEAST S AID SOUTHWEST AL THE NORTH LINE OF S HW ST QUARTER OF THE SOUTHEAST QUARTER SECTION 24, NORTH 89 0 58'46" EAST A DISTANCE OF 339.17 FEET; THENCE DEPARTING SAID NORTH LINE, SOUTH 00 0 16'19" EAST A DISTANCE OF 340.00 FEET TO THE SOUTHWEST CORNER OF AUDREY SUBDIVISION RECORDED AND D RE S OFFICE REC AT THE POINT JEFFERSON COUNTY CL OF BEGINNING; THENCE ALONG THE SOUTH LINE OF SAID AUDREY SUBDIVISION AND A LINE 340 FEET SOUTH OF A PARALLEL WITH QUARTER R SECTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST NORTH 89 0 58'46" EAST A DISTANCE OF 322.69 FEET TO THE SOUTHEAST CORNER OF SAID AUDREY ART GARDENS, O THE RECORDED IN PLAT BOOK 4S LINE OF LOT 36, STEW PAGE 23, SAID CLERK AND RECORDER'S OFFICE; THENCE SOUTH 00 0 16'33" EAST A DISTANCE OF 25.14 FEET TO THE NORTHWEST CORNER OF LOT 33, SAID STEWART GARDENS; THENCE ALONG THE NORTH LINE OF SAID LOT 33, SOUTH 89 0 59'57" EAST A DISTANCE OF 5.00 FEET; THE S OU TH 00 EAST, 5 FEET EAST LOT 33, A DISTANCE OF AND PARALLEL WITH T OF 148.50 FEET; THENCE ALONG THE SOUTH LINE OF SAID LOT 33, NORTH 89 WEST A DISTANCE OF 5.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 33; THENCE SOUTH 00 °16'33" EAST ALONG THE WEST LINE OF SAID STEWART GARDENS A DISTANCE OF 775.52 FEET TO THE SOUTHWEST CORNER OF SAID STEWART GARDENS AND A POINT 30 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER SAID SECTION 24, ALSO BEING THE NORTHERLY RIGHT -OF -WAY LINE OF W. 38TH AVENUE; THENCE NORTH 89 0 59'57" WEST, ALONG SAID NORTHERLY RIGHT -OF -WAY LINE, 30 FEET NORTH OF AND PARALLEL WITH SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION 24, A DISTANCE OF 16.50 FEET; THENCE NORTH 00 °16'33" WEST, PARALLEL WITH AND 16.50 FEET WEST OF SAID WEST LINE STEWART GARDENS, A DISTANCE OF 646.22 FEET TO THE NORTHEAST CORNER OF PLAT OF HOLLEY COURTS RECORDED IN BOOK 6, PAGE 69, SAID CLERK AND RECORDER'S OFFICE; THENCE ALONG THE NORTH LINE OF SAID PLAT OF HOLLEY COURTS S89 0 58'46" WEST A DISTANCE OF 306.21 FEET TO THE SOUTHEAST CORNER OF SAID HARTUNG SUBDIVISION; THENCE ALONG THE EAST LINE OF SAID HARTUNG SUBDIVISION NORTH 00 0 16'19" WEST A DISTANCE OF 302.93 FEET TO SAID SOUTHWEST CORNER AUDREY SUBDIVISION AND THE POINT OF BEGINNING; CONTAINING ±109,159 SQUARE FEET OR ±2.506 ACRES, MORE OR LESS. HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF INCARNATION CSC, A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY THESE PRESENTS DO DEDICATE TO THE CITY OF WHEAT RIDGE AND THE PUBLIC THOSE PORTIONS OF REAL PROPERTY SHOWN AS RIGHT -OF -WAY, AND DO FURTHER DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND /OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORM WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL APPURTENANCES THERETO. Kim Wagguncr. Adminimmuvc Assistant WELLS FARGO BANK NA 3476 STATEVIEW BLVD FORT MILL SC 29715 7009 2820 0003 5198 0761 WHITEHEAD JAMES CHRISTIAN WHITEHEAD MARY ANN 4040 FENTON CT WHEAT RIDGE CO 80212 7009 282 0003 5198 0785 WESTOVER RONALD L 5725 W 38TH AVE WHEAT RIDGE CO 80212 7009 2820 0003 5198 0778 WONNING EARL R WONNING JUDITH C 1980 TAFT DR LAKEWOOD CO 80215 7009 2820 0003 5198 0792 L 5725 ^H AVE WH GE CO 80212 YANT KEVIN S YANT CHRISTEL A 4095 FENTON CT WHEAT RIDGE CO 80212 7009 2820 0003 5198 0808 I ~ l 3 spy . u PARK PLACE TOWNHOME ASSOC INC 6732 W COAL MINE AVE 123 LITTLETON CO 80123 7009 2820 0003 5198 0440 PASTOR JEFFREY 3880 EATON ST WHEAT RIDGE CO 80? 1 7009 2820 0003 5198 0471 PIEL DANIEL N PIEL JENNIFER 5875 W 39TH AVE WHEAT RIDGE CO 80212 7009 2820 0003 5198 0 518 PARK PLACE TOWNHOME ASSOC C/O CHRISTINE A FONTANE & TROY A TOMSICK 815 E 133RD PL THORNTON CO Rn)A 1 7009 2820 0003 5198 0457 PETTIT CAROLE L PETTIT WALTER I 3930 EATON ST r 3 0003 5198 0488 PURCELL GINETTE M MALDONADO EDWARD 439 E 2000 S OREM UT 84058 7009 2820 0003 5198 0525 PARK PLACE TOWNHOME ASSOC INC C/O FULLER AND COMPANY 1515 ARAPAHOE 1600 DENVER CO 80202 7009 2820 0003 5198 0464 PETTIT CAROLE L PERSONAL REP C/O JEFFERSON COUNTY TREASURER 100 JEFFERSON COUNTY PKWY �nr TNUXT nn onn 10 ^ 70E9 2820 0003 5198 0501 5835 W 39TH AVE WHEAT RIDGE CO 80212 7009 2820 0003 5198 0532 RENNINGER BROCK M 4075 EATON ST WHEAT RIDGE CO 80212 7009 2820 0003 5198 0549 ROBINSON KATHLEEN MARY 3905 EATON ST WHEAT RIDGE CC) Ro '> I 7009 2820 0003 5198 0556 ROSE JEANINE V 5830 W 39TH AVE WHEAT RIDGE CO 80212 820 0003 5198 0587 RONHOLDT SHELDON H RONHOLDT SALLY A 4075 FENTON CT WHEAT RIDGE CO 80212 7009 2820 0003 5198 0570 RUDEN ARNOLD 5914W41STAVE WHEAT RIDGE CO 80212 7009 2820 0003 5198 0600 SENO ROBERT R SENO MARY ANN 5855 W 37TH PL WHEAT RIDGE CO 80212 7009 2820 0003 5198 0648 SLAVENSKI STEVEN A SLAVENSKI JANET R 4065 EATON ST WHEAT RIDGE CO 80212 7009 2820 0003 5198 0679 TIMMS STEPHEN A 3850 EATON ST WHEAT RIDGE CO 80212 7009 2820 0003 5198 0709 RUSSELL JINNA 4070 HARLAN ST WHEAT RIDGE CO Rnnzz 7009 2820 0003 5198 0617 SHAW SCOTT PO BOX 22153 DENVER CO 80222 7009 2820 0003 51 0655 SPALLONE INC FRED L PO BOX 367 BROOMFIELD CO 80038 __'.0 0003 5198 0686 VALDEZ JOANN 5922 W 41 ST AVE WHEAT RIDGE CO 80212 7009 2820 0003 5198 4716: ROLLAND CAROL L 5950 W 39TH PL WHEAT RIDGE CO 80212 :09 2820 0003 5198 0563 ROTHERMEL RONALD R ROTHERMEL SHANTEL L 5805 W 39TH AVE WHEAT RIDGE CO 80212 7009 2820 0003 5198 0594 SCHAFER LOIS I 5800 W 39TH AVE LAKEWOOD CO 80212 7009 2820 0003 5198 0631 SKINNER BRENT ALLAN LESLIE WENDY L 1890 S FILLMORE ST DE VER CO 80210 - 820 0003 5198 0662 TAYLOR TODD 13111 E BRIARWOOD CENTENNIAL CO 80112 v 2820 0003 5198 0693 WAGNER VALERIE J 3870 EATON ST WHEAT RIDGE CO 80212 -,700 2820 0 003 5198 0723 WAREHAM TEDDI K WATT REBECCA A 5918 W 41 ST AVE PO BOX 107 WHEAT RIDGE CO 80212 HOT SULPHUR SPRINGS CO 80451 2820 0003 5198 0730 ^ 0003 5198 {1'� WEBER RICHARD G 5948 W 41 ST AVE WHEAT RIDGE CO 80212 7820 0003 5198 0754 HANIS CHRISTINA R HARTLEY SUSAN HAZEN NORMA B MONTALVA MARCELO A HARTLEY TODD A 3993 EATON ST 5936 W 41ST AVE 4015 EATON ST WHEAT RIDGE CO 80212 WHEAT RIDGE CO 80212 WHEAT R IDGE CO 90212 ?009 2 8 2 0 0002 5 5 4 7 6 018 7009 2820 0002 5547 5998 _ 302 5547 6001 HOME TEAM REAL ESTATE INC 1980 TAFT DR LAKEWOOD CO 80215 7009 2820 0002 5547 6025 JACOBSON DOUGLAS W 5805 W 37TH PL WHEAT RIDGE CO 80212 7009 2820 0002 5547 6056 KEATING BONITA R OLIN RONALD W 3940 HARLAN ST WHEAT RIDGE CO 80033 7009 282 0002 55 47 6087 HURLEY DALE R HURLEY BRENDA L 4090 FENTON CT WF;F ^ T RIDGE CO 90212 !0 0002 5547 6032 KAREN A BARON TRUST GARY L WARDLE TRUST 2296 MATTIVE PL BRIGHTON CO 80601 7009 2820 0002 5547 6063 KITCHINGS ALAN KITCHINGS ERICA 4095 EATON ST WNF - T RIDGE CO 80212 X20 0002 5547 6094 LOPEZ LEO D 5908 W 41 ST AVE WHEAT RIDGE CO 80212 7009 2820 0002 5547 6117 MAHONEY BILLY MCKINZIE NICOLE R 12970 W VIRGINIA AVE LAKEWOOD CO 80228 7009 2820 0003 5198 MCMICHAEL ALISA 5942 W 41 ST AVE WHEAT RIDGE CO 80212 ?009 2820 0003 5198 LOU E WHEELER TRUST 5760 W 41 ST AVE WHEAT RIDGE CO 80212 ' 7 0002 5547 6124 HUSKEY ANGELA M 5928 W 41 ST AVE WHEAT RIDGE CO 80212 7009 2820 0002 5547 6049 KAREN K CASE TRUSTEE 6324 DEFRAME WAY ARVADA CO 80004 7009 2820 0002 5547 6070 LEIKER SHIRLEY MAY J DURANDO JUNE M 4085 FENTON CT WHEAT RIDGF Cn Qn" 7009 2820 0002 5547 6100 LUND CRAIG 0 LUND TRACY E 3875 EATON ST WHEAT RIDGE CO 80212 7009 2820 0003 5198 0280 MANDZIC SENADIL MARBACH REBECCA ANNE CAVCIC SEJDA 4080 FENTON CT 5920 W 41 ST AVE WHEAT RIDGE CO 80212 WHEAT RIDGE CO 80212 7009 2 8 2 0 0003 519 8 0 310 0297 1 2820 0003 5198 0303 MILLER JOE R MORANDE SCOTT A MILLER JANET MORANDE JANET L 4040 EATON ST 3994 EATON ST 0327 WHEAT RmGF CO R0712. WHEAT RIDGE CO 80212 MORRISON SAMUEL C PO BOX 53 VICTOR CO 80860 009 2820 0003 5198 0358 7009 2820 0003 5198 0334 7009 2820 000_3 519 034 MULLEN MICHAEL MURRAY FREDERICK DEAN MULLEN CAROL MURRAY RANDALL S 4065 FENTON CT MURRAY BELINDA K WHEAT RIDGE CO 80212 4000 EATON ST WHEAT RIDCiF. M Rn 7 i 20 0003 5198 0365 7009 2820 0003 5198 0372 NEWSON DAVID G 0 R TOO LLC ILLA FRANCISCO NEWSON NANCY L 5710 W 38TH AVE PADILLA JUANA 3985 EATON ST WHEAT RIDGE CO 80212 5766 W 38TH AVE WHEAT RMCTF M Rl ' ' 820 0003 5198 0396 "ENVER CO R07 I) 20 0003 5198 0389 -- -- 7009 2820 0003 5198 0402 PADILLA JOSE 4486 MEADE ST DENVER CO 80211 -1 820 0003 5198 0419 PADILLA JUANA ALEJANDRO PADILLA PARTNERSHIP 6698 W LOUISIANA PL LAKEWOOD CO 80232 - 20 0003 5198 0 426 PALMER WILLIAM HAL 3900 EATON ST WHEAT RIDGE CO 80212 7009 2820 0003 5198 0 433 ♦ A 4' City of Wheat R ge POSTING CERTIFICATION CASE NO. 86 6 -0 ( 0,4 - 1 3 -0S / A,�- a ` 0 Z PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One) HEARING DATE: �`I � .3 I, 1 residing at / (name) { r?77 �wi y-ck,, tb 8dgi� (address) � � 1 3 -DS - Mj -l3 -o2 as the applicant for Case No. M 13 - 01 ^ , hereby certify that I have posted the Notice of Public Hearing at Gdka� (location) on this Ik day of , 20 13 ., and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: /� NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Community Development Department. MAP 'It , 4 4 1 V, City of Wheat RiOgc PUBLIC NOTICE POSTING REQUIREMENTS Applicants are required to post a sign of PUBLIC NOTICE before all administrative variance cases. Signs will be provided by the Community Development Department. One sign must be posted per street frontage. In addition, the following requirements must be met: ■ The sign must be located within the property boundaries. ■ The sign must be securely mounted on a flat surface. ■ The sign must be elevated a minimum of thirty (30) inches from ground. ■ The sign must be visible from the street without obstruction. ■ The sign must be legible and posted for ten (10) continuous days prior to and including the deadline for written comments. It is the applicant's responsibility to certify that these requirements have been met and to submit a completed Posting Certification Form to the Community Development Department. 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I ! 7 3 Attachment 2 I� - 3 ct 5 -�- D. Park land dedication. 1. At the time of subdivision for new residential development, the city shall review the proposal for impact to the city's current park land and parks and recreation programs. A recommendation shall be made whether the city shall require a dedication of a portion of the total site acreage of the development for park, park land and recreation purposes or fees in lieu of dedication as specified below, or a combination of land and cash in lieu of land. If land dedication is recommended, the land dedicated shall be a developed park constructed to city standards and specifications. Ownership shall transfer to the city at the time the plat is recorded. If cash in lieu of dedication is required, the amount will be paid prior to building permit issuance. 2. Subdivisions with existing dwelling units prior to subdividing shall not be assessed this fee for those prior existing units. For mixed use development approvals containing residential and commercial lots, the subdivision shall be assessed separately for the residential and commercial portions. 3. If property was previously platted and a dedication of land or fees has never been assessed for the subdivision wherein the parcel is located, a fee in lieu of dedication shall be assessed and collected prior to building permit issuance. The same will be required for vacant, unplatted property at the time that a building permit for new residential construction is applied for. 4. Credit toward park land dedication requirements or a portion thereof, may be considered for the following: a. Through the provision of private on -site recreation facilities, provided that such facilities: (1) Are adequate to meet the needs of the development; or (2) Replace or supplement facilities that would generally be provided by the city. b. Through the provisions of trails. Trails are considered a normal element of an appropriately planned development. Credit for trails shall be considered only under the following circumstances: (1) The trail provides linkages for the community to local parks, schools and other activity areas. (2) The trail provides linkages for the community to regional parks, trails or open space as specified in the parks and recreation master plan. (3) The trail is not located within an exclusive utility or other easement, public street right -of -way, regulations, or an area with topographical or hazardous obstructions that would preclude development of a trail. C. Unless specifically approved by city council or the planning commission, credit for private, on -site recreation facilities shall not exceed fifty (50) percent of the total park land acreage required to be dedicated. E. Assessing park land needs. 1. At the time an area is submitted for subdividing, the department of community development shall refer the plat with the developer's proposal for parks needs to the parks and recreation commission and the planning commission for their recommendations to the city council. 2. The land area to be dedicated shall be calculated using the following formula: Total number of dwelling units multiplied by .016 acre = Total acreage required 3. If a developer disagrees with the amount of park land required to be dedicated, he may submit a study assessing the park needs of the proposed development. Such study shall be at the sole expense of the developer and is subject to review and approval by the city council or planning commission. 4. The said commissions and the city council in determining whether land is acceptable for dedication shall consider the following: a. The size of the development and its adequacy for accommodating a suitable park site. b. Conformance with the goals and objectives of the city's parks and recreation master plan, existing parks in the area, and the topography, geology and location of land in the subdivision available for dedication and the needs of the people in the area. 5. In lieu of dedicating such area within the proposed subdivision, the subdivider may dedicate an alternate parcel of the required size within three - fourths ( 3 /) of a mile of the proposed subdivision which is acceptable to the city council after a review and recommendation by the parks and recreation commission and the planning commission based upon the standards and considerations as above set forth. 6. If a site is accepted, such shall be free of all liens and encumbrances and shall be dedicated to the City of Wheat Ridge for park land, park and recreation purposes. F. Cash in lieu of land dedication. In the event a land dedication as set forth above is not approved, then a cash contribution in lieu of land dedication shall be required. 2. The cash contribution shall be calculated using the following formula: a. Total acreage for dedication multiplied by the dollar value per acre as determined by market value = total cash amount required. b. The cash -in -lieu fee shall be equivalent to the full 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. architecture April 11, 2013 Meredith Reckert, AICP Senior Planner City of Wheat Ridge 7500 W. 29" Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 Dear Meredith, 2990 LARIMER STREET DENVER COLORADO 80205 p. 303.831.4307 f. 303.832.1222 www.row architecture.com This letter and accompanying sheets are the re- submittal for the Planned Building Group for the Incarnation Development at 5801 W. 38" Avenue. All of the comments have been reviewed and the drawings have been revised. My firm is responsible for Sheets 2 of 10 through 10 of 10 and we had no questions to your comments. All of the comments have been addressed on these sheets. If you have any questions or other comments, please don't hesitate to contact me. Sincerely, _ -:� , (? Brian Higgins Principal City of WheatRiclge PUBLIC WORKS City of Wheat Ridge Municipal Building 7500 W. 29 Ave March 28, 2013 Mr. Joel R. Seamons, P.E. Park Engineering Consultants 420 21" Avenue, Suite 101 Longmont, CO 80501 303.651.6626 Wheat Ridge. CO 80033 -8001 P: 303.235.2861 F: 303.235.2857 Re: First Review Comments of the Final Drainage Report/Plan, Planned Building Group Plans, Trip Generation Memo, and the Final Plat for the InCarnation Subdivision located at 5801 W. 38' Avenue (39` Pl. & Fenton Ct.), Case #MS -13 -02 (plat) and PBG -I3 -01 (planned building group). Dear Mr. Seamons, I have completed the first review of the above referenced documents received on March 12, 2013, and have the following comments: CIVIL ENGINEERING Trip Generation Memo 1. Please refer to the Memo from Mark Westberg, P.E. for comments pertaining to the traffic. Final Drainage Report (Discussion): I . Under Section l .l .Site Location, a brief description of the adjacent properties should be included. 2. Under Section 1.2 Site Description, you need to: a. Provide the (646') length of the 16.5' "tail" extending southward to W. 38`' Avenue. b. Include a statement that the site is primarily native with an existing single - family residence located on the easterly side that is to remain after this project is completed. c. Please include a copy of the geotechnical report with the next submittal. 3. Under Section 1.3 Proposed Project Description, include: a. The number of each type of "residential products" this project is proposing. b. Provide a description of how the drainage will be handled (beyond just the curb & gutter as currently mentioned). Describe the storm sewer, underground detention system, the water quality features to be utilized (including the sodded area around the area inlets directly above the detention facility), etc. And FYI, the "Snout" will not be an acceptable BMP as currently proposed, please refer to Comment a. under 3.5 Water Quality & Maintenance. c. State the percent of post- development imperviousness surface. 4. Under Section 2.1 Major Basin, it is stated that both historically and post- development stormwater flow will travel to the south. This is in disagreement with the statement made in Section 2.2.2 that says, "The flow from the site will continue to collect in the middle of the site..." 5. Under Section 2.2.1 Off -site flows, please include the basin area and historical Q and Q, for OS -W. 6. Under Section 2.2.2 On -site flows, please include the following: wwwxi.whcatridge.co.us Public Works Engineering March 28, 2013 Page 2 a. Revise the first sentence to describe the existing, historical flow condition (section 2.1 states the existing flows historically travel to the south) rather than the proposed post- development condition (bowl with outflow to Fenton St.). b. Please describe the current impact(s) of the historical flows upon downstream properties. 7. Under Section 3.1 Hydrologic Criteria, please include: a. Change the Minor Storm to the 5 -year event rather than the 2 -year as currently stated. b. In the second sentence it is stated that the IDF curves were used to "develop rainfall intensities" for the T Please include those intensity values in the Report. 8. Under Section 3.2.1 Sub -basin W, please correct the following: a. In the first paryaph: i. In the 3 sentence it is stated that Type R inlets will be used within the new roadway at Design Point 2. This must be revised to "Wheat Ridge standard inlets ", as the Wheat Ridge standard combination inlet is the only type of inlet allowed within public roadways in Wheat Ridge. ii. Specify the size of the RCP conduit mentioned in the last sentence. b. In the second paragraph: i. Revise the last part of first sentence to read"... roof drainage for 4 units on the southwesterly portion of the site." ii. The Snout is not an acceptable BMP for the roadway inlets (please refer to Comment a. under 3.5 Water Quality & Maintenance). A higher efficiency BMP such as a hydrodynamic separator type (i.e., Stormcepter STC or Contech CDS) shall be required to capture the amount of pollutants necessary to meet the intent of the Clean Water Act. Therefore, you will need to include the selected type of hydrodynamic separator device (HDSD) either in this section along with the other sub -basin info or in Section 3.5 Water Quality & Maintenance, or both. Include a brief description of where the HDSD is to be located within the site. iii. NOTE: The Department of Public Works highly requires that the HDSD be located in- line, between the roadway storm inlets and the underground detention facility if the WQCV is not being taken into account for a detention facility. Any time a WQ device, HDSD or otherwise, is not in -line but is instead located downstream of the detention facility, the detention facility shall incorporate the full 100 -year + 50% WQCV in its design volume due to sedimentation/ maintenance concerns. 9. Under Section 3.2.2 Sub -basin SE, please incorporate a water quality device for the proposed inlet at design point 1. This inlet can remain a Type R as currently designed, since this will be maintained in the future entirely by the HOA rather than by the City. This inlet would be a good candidate for the Snout BMP, as the amount of pollutants entering this inlet should be relatively small due to the majority of the runoff being from roof drains or overland flows. 10. Under Section 3.2.3 Sub -basin UD: a. Please revise the text in the 3` sentence of the first paragraph to read, "Roof downspouts will direct flow to the center park area, which will utilize sod to provide water quality treatment, before entering one of two area drains (DP3), then dropping the flows into the proposed underground detention system." b. In the second paragraph: L The description of the underground system should be moved to Section 3.4 Detention Requirements. 11. Under Section 3.2.4 Sub -basin TR, please include the 646' length of the 16.5' wide strip in the description. 12. Under Section 3.3 Existing Off -site Sub - basin, the historic Q & Q 100 provided in this section should also be included in Section 2 Historical Drainage System. 13. Under Section 3.4 Detention Requirements, please include the following: www.ci.wheatridge. co. us 5801 W38th Ave - InCarnation Sub FDR -MG -Plat - review I.Itr.docx Public Works Engineering March 28, 2013 Page 3 a. Need to include both the required and provided Q 100 volumes. b. State the release rate from the underground detention system to the City's storm sewer. c. The underground detention system release orifice mentioned in Section 3.2.3 Sub -basin UD needs to be in this section, and also a detail provided in the Appendix of the Report. d. If the selected water quality device is not to be located in -line between the street inlets and the UG detention facility, the volume must be increased to 100 -year +50 %WQCV rather than just the 100 -year. 14. Under Section 3.5 Water Quality & Maintenance: a. The Snout from BMP Inc. is not an acceptable water quality device for public roadway inlets within new developments Please note the following regarding the Snout: i. After thoroughly researching the Snout BMP it has been determined from the case studies provided by BMP, Inc. that this device removes approximately half of all pollutants entering the inlet. This unfortunately does not meet the minimum performance criteria of either the EPA (under the Clean Water Act) or the State of Colorado (under the CDPHE) requirements of 80% total pollutant removal. ii. The Snout, as it is touted in the case studies from BMP, Inc., is a product designed to reduce the amount of pollutants entering existing inlets. And it performs very well when compared to an inlet without a BMP. iii. It appears the Snout was primarily designed as a retrofit BMP for existing inlets to help municipalities and counties reduce their overall pollutant discharge into the states waters. iv. However, in an effort to attain the 80% pollutant removal level the Clean Water Act is seeking, new construction projects must utilize methods proven to meet a higher level of pollutant removal in order to be approved by the City. Such methods include any Urban Drainage and Flood Control District ( UDFCD) Volume III BMP, or a highly tested hydrodynamic separator device (HDSD) type of BMP such as the Rinker Stormcepter® or the Contech CDS® as approved by the City. v. The City will consider any type of BMP if proposed, but to -date the only below - ground units that seem to perform to the required removal level are the HDSD types. vi. The inlet currently proposed at Design Point 1 might be a candidate for the Snout. This inlet will receive runoff primarily from roof drains and by overland means; only a small portion of runoff will contain automobile - related pollutants. Plus, this inlet does not fall within the public ROW and will therefore not be maintained by the City in the future. (FYI, the maintenance of all inlets and other storm- related facilities located within the public ROW are the responsibility of the City unless a Long -Term License Agreement between the City and the HOA is created, with insurance provided by the HOA and the City is indemnified, etc.). b. Public Works highly suggests the HDSD or other approved water quality feature be located in -line between the street inlets and the UG detention facility. 15. Please include a section briefly describing: a. The capacities, depth at the inlets for both Q and Q when using the Wheat Ridge standard inlets for the new roadway. Please note I have attached to the comment letter the spreadsheet info as developed by Ken MacKenzie at UDFCD for the Wheat Ridge inlet in sump to assist you with the calculations. b. That the 5 -year flows will be fully contained within the street and that no gutter overtopping will occur and also that the depth at the inlet (sump) for the 100 -year event will not exceed 12" in depth at flowline, thus meeting UDFDC requirements. c. The 16. Under Section 4 — Conclusion, please provide the following: www.d.wheatridge.co.us 5801 W38tb Ave - InCamation Sub FDR -M -Plat - review 1.Itr.doex Public Works Engineering March 28, 2013 Page 4 a. Provide a comparison of the historical release rates and location(s) with those of the developed flow rates and Design Points to show this project will not only not produce any new ones but also will not increase any existing negative impacts to downstream properties. b. Public Works suggests maybe including Sub -basin TR as an example of how an existing problem is being improved by this development. 17. Under Section 5 — References, I must suggest that the latest version of the City's Site Drainage Requirements (SDRs) be used. May, 2011 is the latest edition; however please check our website periodically as the SDRs are currently undergoing another update to include underground and porous interlocking concrete paver systems, and eventually full- spectrum detention requirements. 18. Please provide a P.E. seal and signature on the Final Drainage Report for approval. Final Drainage Report (Appendix): Include the UDFCD inlet capacity spreadsheets for two roadway inlets (in sump) on this project. Be sure to use the values (i.e., length & width of grate, Grate Weir and Orifice Coefficients, etc.) from the spreadsheet I've provided to you from Ken M. to obtain the correct inlet interception capacity. Refer to the spreadsheet from the UDFCD for the values developed for the Wheat Ridge inlet. Details of the following need to be included in the Appendix: a. The underground detention system release orifice. b. The manufacturer's detail for the selected HDSD. Final Drainage Plan: 1. Need to include the following items on this Plan: a. A water quality device for the inlet at Design Point 1. b. The Snout is not suitable for use in new developments; a Stormcepter or other hydrodynamic separator device (HDSD) must be used as the primary WQ device (please see comment a. under Section 3.5 Wafer Quality & Maintenance above. Note: If the HDSD is located in -line then only the 100 -year volume needs to be accounted for. If this device is placed downstream of the detention facility then the volume of the detention will increase to 100 -year + 50% WQCV. 2. Type R inlets cannot be used within the public Right -of -Way. Please modify this to reflect that City of Wheat Ridge standard inlets will be used. 3. Please move the inlets westerly to be behind the PCR of the curve (so they are constructed in a tangent section rather than on a curve). Trying to construct a rectangular box within a curve has proven difficult in the past and is no longer allowed. 4. Please provide a P.E. seal and signature on both the Final Drainage Plan for approval. PLANNING & ZONING Planned Building Group Plans: Sheet AO (Index Sheet & Architectural Site Plan): 1. Rename 39 t1i Place to West 39 Place. www.ci. heatridge.co.us 5801 W38th Ave - InCarnation Sub FDR -MG -Plat - review I.Itcdmx Public Works Engineering March 28, 2013 Page 5 Sheet 1 (Site Plan): 1. Please note that the Legal Description and Basis of Bearing will be changing slightly due to plat modifications; be sure that the PBG documents correspond to the Final Plat. 2. Show the location of the proposed hydrodynamic separator device (i.e., Stormcepter or equivalent). 3. Please show all street and area inlets on this sheet. 4. Provide the street names. Sheet L1 (Landscape Plan): 1. Rename 39` Place to West 39 Place. 2. Please be sure to show the proposed area drains and Stormcepter locations by the "park" area. These items could affect planting types and locations. 3. The proposed playground area must be recessed and utilize a structural barrier such as concrete curbing around the perimeter to protect the water quality characteristics of the surrounding sod area (for runoff prior to entering the area drains). Please be sure to clearly identify these items on both the construction plans and on this Landscape Plan providing sufficient information to properly construct. Final Plat: Sheet 1: 1. The Basis of Bearing IS PROVIDED IN Note 4 so the one in the Owner's Certification block may be removed. 2. There are a few discrepancies in the Legal Description versus what is show on the graphical portion on Sheet 2 that will need to be cleared up: a. The bearing along the easterly side of the 16.5' wide "tail" that extends to W. 38 Avenue is shown on the graphical portion as S 00 °16'40" E while in the Legal Description this is S 00° 16'40" W. b. The distance coming up the westerly side of the "tail" shown on the graphical portion (and the closure sheet) as being 646.24', as opposed to the distance of 646.21' in the Legal Description. 3. Public Works would like to have a hard call added into the Legal Description at the location shown on the redlined plat. The call is to the northerly line of W. 38 Avenue (which is likely the original intent) to ensure the "tail" actually extends to and along the ROW line (as well as lying 30' north of the section line per the official City mapping) 4. Please include the following Note 10 pertaining to the required Right -of -Way centerline monuments: "]0) STREET RIGHT -OF -WAY MONUMENTS SHALL BE SET PRIOR TO FINAL LIFT OF ASPHALT PAVEMENT. MONUMENT HARDWARE WILL BE PROVIDED BY THE CITY OF WHEAT RIDGE UPON REQUEST." 5. Comments pertaining to the Section Tie and "Boundary Detail ": a. Per Section 26 -407 of the City of Wheat Ridge Municipal Code of Laws, the bearings and coordinates used for all section ties and for the Point of Commencement "shall be consistent with the Current City Datum." Therefore, please modify the coordinate values for monuments used for the Basis of Bearing and POC to reflect those values as published by the City. And also include the City monument point numbers (please refer to the redlined plat). www.ci.wheatridge.co. u s 5801 W38th Ave - 1nCamation Sub FDR -PBG -Plat - review 1.1tr.docx Public Works Engineering March 28, 2013 Page 6 b. Since the coordinate values for the P.O.C. are going to change to the Current City Datum values, the bearings and distances for the ties to PHAC points 3 & 4 will also need to be modified. c. Other City monuments used should also have the published values referenced and the point numbers identified (and if you wish to also show the coordinate values you have derived or calculated please be sure these are identified as such). d. Please include the Current City Datum coordinate values on this diagram for the two subdivision corners tied to PHAC Points 3 & 4. Sheet 2: 1. Please refer to Comment 5 a. above pertaining to the City monument coordinate values. 2. Need to provide the Current City Datum coordinates for the True Point of Beginning. 3. Please rename 39 Avenue to W. 39 Place. 4. Show the north -south portion of the roadway as being Fenton Court. 5. Need to show the Right -of -Way centerline monuments as "TO BE SET" at the property boundary line intersection with the center of ROW, and also on the center of ROW line at the PC and PT of the curve (refer to the redlined plat as necessary). 6. Please include the following Note on this sheet: "STREET RIGHT -OF -WAY MONUMENTS SHALL BE SET PRIOR TO FINAL LIFT OF ASPHALT PAVEMENT. MONUMENT HARDWARE WILL BE PROVIDED BY THE CITY OF WHEAT RIDGE UPON REQUEST." 7. Depending on the outcome of the drainage design, the boundary of the Drainage and Detention Easement may need to be modified slightly on the westerly side. 8. Please point to the ROW width and include the text, "47.00' OF RIGHT -OF -WAY HEREBY DEDICATED BY THIS PLAT." 9. The scale bar shown is not correct, please modify. 10. The ROW for W. 38 Avenue is currently shown as "R.O.W. VARIES ". While this may be true for the West 38` Avenue corridor, across the 16.5' frontage of this property the north line of the W. 38 Avenue Right -of -Way lies 30.00' north of the section line. Please remove the "VARIES" on Sheet 2 and identify the northerly ROW line as shown on the redlined plat. 11. Need to include the following items in the Legend: a. Include all linetypes used along with an explanation. b. The street ROW centerline monuments to be set. ADDITIONAL REQUIREMENTS: 1. Street Lighting Plan Required A Street Lighting Plan showing a photometric analysis, adequate spacing, and including all associated details will need to be submitted for review and approval prior to issuance of any Right -of -Way or Building Permits. 2. Subdivision Improvement Agreement Prior to the issuance of any Building or Right -of -Way Construction Permits or the commencement of any construction activities, a Subdivision Improvement Agreement (SIA) will need be executed by the project owner /developer. The project owner /developer will need to contact the InCarnation Case Manager, Ms. Meredith Reckert, Senior Planner at 303.235.2848, to obtain a copy of the SIA and for www.ci.whes tridge.co. us 5801 W38th Ave - InCatnation Sub FDR -MG -Plat - reviewl.ltr.doex Public Works Engineering March 28, 2013 Page 7 further instructions. Please note the following Exhibits A -C to be included in the SIA: a. Exhibit A: Legal Description of the property. b. Exhibit B: Copy of the Final Plat. c. Exhibit C: Approved engineer's itemized cost estimate for all public improvements (see Item 3 below). 3. Public Improvements Cost Estimate & Guarantee Prior to the recordation of the Final Plat, an itemized engineer's cost estimate shall be submitted for review and approval. Upon acceptance of this estimate, an Irrevocable Letter of Credit (ILOC) reflecting the total amount of the approved cost estimate plus 25% (125% of the total estimate) shall be submitted within ninety (94) days of the execution of the SIA and prior to commencement of any construction activities or issuance of any Building or Right -of -Way Construction Permits. The ILOC shall remain in force for the entire duration of the project, and the City reserves the right to request the ILOC be renewed if deemed necessary. 4. 2 -Year Warranty Period and Guarantee for Public Improvements Upon completion of all public improvements and Final Acceptance has been granted by the City Inspector, the original Irrevocable Letter of Credit will be surrendered. At that time a 2 -year warranty period for the completed and approved public improvements shall commence. Upon commencement of the 2 -year Warranty Period, a 2 nd (Warranty) Letter of Credit ( "WLOC ") in the amount of 25% of the original itemized engineer's cost estimate, shall be submitted to the City of Wheat Ridge and be dated as to expire on the 2 -year anniversary of the Warranty Period commencement date. If at any time during said 2 -year Warranty Period the City Inspector deems that the constructed public improvements are in such condition as to require repairs or replacement, the Developer shall complete such work upon request or the City will have the right to draw on the WLOC. The City shall retain said WLOC for the entire 2 -year Warranty Period. Upon completion of the 2 -year Warranty Period, the WLOC will be surrendered by the City of Wheat Ridge. 5. NPDES /CDPS Permit and Stormwater Management Plan An NPDES permit is required for all construction sites greater than one (1) acre in size. The site area for this project is greater than one acre and shall therefore comply with NPDES regulations. The NPDES permit for construction activities is issued by the State through the Colorado Discharge Permit System (CDPS), and may be obtained by contacting the Colorado Department of Public Health & Environment, Water Quality Control Division. A Stormwater Management Plan (SWMP) detailing the Best Management Practices to be utilized both during and also post construction is required with this development. A copy of the CDPS Permit and approved Stormwater Management Plan (SWMP) shall be submitted to the Department of Public Works for review and approval prior to commencement of construction activities or issuance of any Right -of -Way or Building Permits. 6. Right -of -Way Construction Permit(s) /Licensing a. ROW Permits Prior to any construction within the public right -of -way (ROW), the necessary Right -of -Way Construction Pen-nit(s) and respective licensing will need to be submitted for processing by the City. Right -of -Way Construction Pen are issued by the City only after approval of all required technical documents, including but not limited to, the Final Drainage Report & Plan, Final Plat, Final Development Plan, Traffic Impact Study, Storm Sewer Plans, Street Construction Plans, Grading & Erosion Control Plan, Traffic Control Plan, and easement or ROW dedications. b. Licensins; All work within the public Right -of -Way shall only be performed by a municipally- licensed contractor. 7. Public Improvement Restoration/Debris Tracking It will be the responsibility of the contractor for the project to repair any damage to the existing public www.ci.w heat ridge.co. us 5801 W38th Ave - InCamation Sub FDR -M -Plat - reviewl.ltr.docx Public Works Engineering March 28, 2013 Page 8 improvements along W. 39`" Place and Fenton Court as a direct result of related construction traffic. Also, the contractor will be responsible for maintaining all affected roadways on a regular basis such that they remain free of construction debris and tracking from construction traffic accessing the site Drainage Certification w /As -Built Plans required prior to C.O. Upon completion of the drainage improvements, the Engineer -of- Record Mr. Joel R. Seamons, P.E., shall provide to the City of Wheat Ridge a written, signed and sealed Drainage Certification Letter stating that the overall site grading was completed per the approved Grading and Drainage Plans, all drainage facilities were constructed per the approved construction plans and shall function as defined in the approved Final Drainage Report/Plan, and that the site has been accurately surveyed to confirm that the grading and construction of all drainage facilities was completed in accordance with these documents. The Drainage Certification Letter shall be submitted to the City for review and approval, and shall be accompanied with As -Built Plans on the Current City Datum for all constructed drainage facilities prior to issuance of any Certificate of Occupancy. Three (3) copies of the "As- Built" Plans are to be submitted as follows: a. One (1) hardcopy is to be signed & sealed on 24" X 36" bond paper, and b. Two (2) electronic files are to be delivered on DVD /CD -ROM as follows: One (1) file in AutoCAD 2007 DWG format and one (1) file in PDF format. 9. Stormwater Maintenance Agreement and O & M Plan Required All post - construction Best Management Practices (BMP's) for water quality must be maintained and inspected by the property owner(s) per Section 20 -34 of the City of Wheat Ridge Municipal Code of Laws. For above - ground detention facilities with outlet structures, underground detention facilities, porous landscape detention areas, porous pavement, and centrifuge type devices such as a Rinker Stormcepter®, a Stormwater Maintenance Agreement accompanied by an Operations and Maintenance (O & M) Plan will be required prior to issuance of the Certificate of Occupancy. The O & M Plan shall be kept current and will be inspected on a regular basis by City staff to ensure compliance with the State and local requirements. The O & M Schedule /Log is typically assembled by the Engineer -of- Record, must be kept current by the property owner, and will be inspected on a regular basis by City staff to ensure compliance with City of Wheat Ridge Municipal Code requirements. Contact Bill LaRow, Stormwater Program Manager at 303.235.2871 for additional information. 10. Information Information pertaining to the Public Works development requirements, land surveying, platting, and ROW information, as well as the City's Standard Street Construction, and Stormwater /Erosion Control Details are available on the City of Wheat Ridge website at: www.ci.wheatridee.co.us Please include 1 hardcopy of each document accompanied by electronic files in PDF format for all civil documents accompanied by an AutoCAD 2007 DWG file of the Plat with the next submittal. The electronic files may be delivered either on CD -ROM with the hardcopy submittal or sent by e-mail to me at: dbrossman(ii)ci.-, NOTE: Incomplete submittals are not considered as being under review. www.ci.whestridge.co.us 5801 W38th Ave - InCamation Sub FDR -M -Plat - review I.Itr.docx Public Works Engineering March 28, 2013 Page 9 • The above comments are as of the date reviewed and may not reflect all comments from other departments or reviewing agencies. If you have any questions, please contact me at 303.235.2864. Sincerely, David F. Brossman, P.L.S. Development Review Engineer/ City Surveyor CC: Steve Nguyen. Engineering Manager Meredith Reckert. Senior Planner File ww"xi.wheatridge.co.us 5801 W38th Ave - InCantation Sub FDR -PBG -Plat - review I.Itr.docx R L v ez$_8 a $ a ay'e a z get' / II" p 7 "N 4 -E a•�� ba�ja :$ 6A�_ $�� � � - a 3 € 3 ~z� �� @e n b � a $ Y$hBA b�e jap W a9 O RR4 ff bIM! 4 g_= a ���$ $ I x z g s ' e~ � ' i tl$ � < e F It DO I os Pg $ �n $$ 8 � � Y a i 3 er '� $�N d aL$ � na g;�Wsi$ wg z °�� 1 11 @ ~ r $ � a P. -Mi 0.e 1a, Xb z F k P @ $ "! k ; p 3$s $ w � U a.- god t - " a� �6 :� §$aka �� :�Y��S r3��� sSg�R s8xz - .1H �� a �d�9 1 1:1 p rn z / lepers �% lt' — — — — — f• /E En 7 lIILYIf o � • � u �Y• Ym Y: y pp � p G•. CO � € e 1g a 6z ? a V F. 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I have the following comments: 1. On page 1, the second paragraph mentions a total of 6 patio homes being proposed. 2. On page 3, the Site Development Plan shows a total of 6 patio homes on the south side of the plan. 3. On page 4, Table 1 shows 4 DU for the number of patio homes. 4. On page 5, Figure 3, Trip Distribution, shows a total of 6 patio homes on the south side of the plan. The number of patio homes needs to be consistent and any calculations or text corrected as necessary. Incarnation NIAW.docs .+ar van YI t�� gig no IIN L - - - - - - - -- 1I q tj J r ••MONISM � ♦ m g W Z o o �� � � � ^�� ' � ISIS ISM IS • �� z `> � m � � 30 V oil 3AV HLB£ M \ I I I � I 1 In IF Alt-, City of � Wh6atNdge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building March 26, 2013 Keith Gallegos Urban Green Development 621 1 7' h Street #1777 Denver, CO 80293 Dear Mr. Gallegos: 7500 W. 29 Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 This letter is in regard to an application filed for approval of a Subdivision Plat and Planned Building Group Plan for property located at 5801 W. 38` Avenue. The application has been reviewed and the following are comments regarding the first submittal. PLAT DOCUMENT SHEET 1 OF 2 1. Modify the title of the document so that Incarnation CSC is the leading identifier; otherwise the plat will be recorded and titled "Final Plat ". 2. Pursuant to Jefferson County requirements, the left hand margin should be 2" wide. 3. Add a case history box with the following case numbers: MS -13 -2, PBG -13 -1. 4. The signatures in the City Certification signature blocks will be illegible because of crowding. Can these be given more room? 5. In note #5, correct the spelling of "knowkingly ". 6. In note #7, correct the spelling of "idetification." 7. Add a note regarding zoning on the property - NC on the southern 306' of the flagpole and R -3 on the remainder. SHEET 2 OF 2 1. Modify the title of the document so that Incarnation CSC is the leading identifier; otherwise the plat will be recorded and titled "Final Plat ". 2. Pursuant to Jefferson County requirements, the left hand margin should be 2" wide. 3. Identify the scale used for the graphic (1 "= 30'). 4. Identify adjacent zoning; R -3 on the north, south and west, and A -1 on the east. 5. Designate the square footage of the right -of -way dedication. 6. Indicate that the right -of -way is being "hereby dedicated by this plat ". 7. With the 10.5' x 16.5' easement, designate the purpose and the beneficiary of this easement. PLANNED BUILDING GROUP PLAN SHEET ONE 1. The site plan, sheet 1 should be the first page of the document. Renumber all sheets accordingly as sheet 1 of 8, etc. 2. Retitle the document as follows: "Incarnation CSC Planned Building Group An Official Development plan in the City of Wheat Ridge Located in the Southwest '/ of the SE % of Section 24, Range 69 West of the 6` PM City of Wheat Ridge, County of Jefferson, State of Colorado" 3. The legal description at the bottom of the page is redundant and can be removed. 4. Add a note regarding zoning on the property NC on the southern 306' of the flagpole and R -3 on the remainder. 5. Please provide a description of the project. Address proposed product types, project design features and street design. 6. Add a case history box with the following case numbers: PBG- 13 -01, MS -13 -? 7. In the surveyors' certificate, designate who will be signing the document. 8. Add the following note: Fencing shall be consistent with Section 26 -60 of the Wheat Ridge zoning and development code. 9. Add the following note: Landscaping shall be consistent with Section 26 -502 of the Wheat Ridge zoning and development code. 10. Add the following note: Parking shall be consistent with Section 26 -501 of the Wheat Ridge zoning and development code. 11. Add the following note: Site and building lighting shall be consistent with Section 26 -503 of the Wheat Ridge zoning and development code. 12. Add the following note: Signage shall be consistent with Article VII of the Wheat Ridge zoning and development code. 13. Add the following note: The building and design standards from the Architectural and Site Design Manual shall apply to the proposed multi - family row houses only. 14. On the graphic, remove references to park areas and rename them landscaped areas. 15. On the graphic, remove the reference to a pocket park. 16. Add street names. 17. How will trash pick -up be handled? Please address as a note. If a communal dumpster is provided, show location and method of screening. SHEET TWO 1. The landscape plan should be the second sheet of the document. Renumber all sheets accordingly. 2. On the graphic, identify the unit types. 3. On the graphic, along the southern row of duplexes, there are areas which need to be identified. 4. On the graphic, designate garage and surface parking and provide a parking table. 5. The handicapped parking space must be van accessible requiring an 8' wide loading area. 6. Is perimeter fencing proposed? If so, it should be shown. 7. Add a symbol for parking and drives in the legend. 8. Add a symbol for non - ornamental trees in the legend. 9. Add the following note: All landscaped areas shall be served by a fully automatic, zoned irrigation system. 10. Add the following note: Individual tree and shrub species will be established by a landscape plan and approved by staff during the building permit review process. 11. Provide a site data breakdown for the project by parcel number (in square footage and percent of parcel) and for total site (in square footage and percent of total). This should reflect net area with the removal of the square footage for right -of -way. Include building coverage, landscaped coverage and other hard surfaced coverage. 12. Add a note regarding phasing. 13. Add a note regarding the playground and what this will entail. 14. Street trees are required to be planted every 35' on center. 15. On the graphic, where areas used for parking and drives are adjacent to low density residential development, 6' wide landscape buffers must be provided. There are two areas where these buffers are insufficient. One area is at the northwest parking area adjacent to the northern property boundary. The other is at the southwest parking area adjacent to the western property boundary. 16. The R -3 zone district standards require 30% landscaped coverage. In addition to public street trees, the landscape regulations require an additional tree and ten shrubs for every 1000 sf of required landscaped areas. This computes to an additional 28 trees and 280 shrubs on site. Provide a landscape quantities schedule to demonstrate how these quantities are being met. Include percent living versus non - living landscaping. SHEET THREE 1. The third sheet of the plan set should be the streetscape plan. 2. The proposed public improvements should be accurately show in plan-view and include curb and gutter, street lights, pedestrian lights, sidewalks and tree lawn. 3. Add a note that the tree lawn will be shall be served by a fully automatic, zoned irrigation system. 4. Add a scaled, cross - section detail of the public street improvements. 5. Street trees are required to be planted every 35' on center. 6. Add the following note: Individual tree and shrub species will be established by a landscape plan and approved by staff during the building permit review process. 7. Add a note regarding the restriction of on- street parking. SHEET FOUR 1. The fourth sheet of the plan set should be the photometric plan. 2. Include details for the fixture types. OTHER 1. Addressing - the address of the property being used for this ap is 5801 W. 38 Avenue which is the location of a driveway into the property from 38 Avenue. There may be another address more appropriate which indicates the exact location of the property. I have heard the neighbors reference it as 4000 Fenton Court. Please advise. 2. For publication purposes, please email a boundary legal description in Word format to mreckert(a 3. Prior to recordation of the mylar, staff will want to review the Homeowner's Association Covenants for maintenance of the common elements. Attached are referrals received from other city departments and outside agencies regarding the plat document. Wheat Ridge Sanitation District. See attached letter from Patrick Roberts dated March 26, 2013. Wheat Ridge Fire Protection District. See attached letter from Kelly Brooks dated March 14, 2013. Wheat Ridge Parks and Recreation Department. The Parks and Recreation Commission reviewed this request on March 20, 2013 and recommended fees in lieu of cash contribution. Wheat Ridge Police Department. See attached memo from Kevin Armstrong dated March 13, 2013. Wheat Ridge Public Works. See attached letter from Dave Brossman dated March 28, 2011. Xcel Energy. See attached letter from Donna George dated March 25, 2013. Additional referral comments may be forthcoming and will be forwarded. This concludes the summary of comments. Please address each of these comments by revising the drawings accordingly. For clarification on any of these issues, please feel free to contact any of the Development Review committee members: Community Development Meredith Reckert 303 - 235 -2848 Public Works Dave Brossman 303 - 235 -2864 Traffic Engineering Mark Westberg 303 - 235 -2863 Once the changes have been made, please submit two copies of both the subdivision plat and planned building group plan, and two copies of the technical documents with electronic copies. This case has not yet been scheduled for public hearings in front of Planning Commission and City Council. In order to be targeted for the May 2nd Planning Commission hearing, resubmittal documents must be brought in by April 11 and be in approvable condition by April 18. If these dates cannot be met, the next regularly scheduled Planning Commission public hearing will be May 16. Please let me know at your earliest convenience whether this time frame is within reason. If you have any questions or need further clarification, do not hesitate to contact me at 303 - 235 -2848. Sincerely, Meredith Reckert, AICP Senior Planner 4 XcelEnergysm PUBLIC SERVICE COMPANY March 8, 2013 City of Wheat Ridge Community Development 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Attn: Meredith Reckert Re: Sorrentino, Case #s MS -13 -01 and WV -13 -01 Right of Way & Permits 1123 West 3 Avenue Denver. Colorado 80223 Telephone: 303.571.3306 Facsimile: 303. 571.3524 donna.1.george @xcelenergy.com Public Service Company of Colorado (PSCo) has reviewed the plans for Sorrentino and has no conflict with this vacation request. The property owner /developer /contractor must contact the Builder's Call Line at 1- 800 - 628 -2121 and complete the application process for any new gas or electric service, or modification to existing facilities. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details. Additional easements will need to be acquired by separate document for new facilities. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center at 1- 800 - 922 -1987 to have all utilities located prior to any construction. If you have any questions about this referral response, please contact me at (303) 571- 3306. Sincerely, Donna George Contract Right of Way Referral Processor Public Service Company of Colorado WHEAT RIDGE FIRE PROTECTION D ISTRICT DOING IHE RICH IHINGS Al [HL RICH I1MES IOR IHE RIGHI REASONS 3880 Upham Street Wheat Ridge, Colorado 80033 • ph.303.403.5900 0 www.wrfire.org DIVISION OF FIRE PREVENTION March 14, 2013 Meredith Reckert City of Wheat Ridge Community Development 7500 West 29' Ave Wheat Ridge, CO 80033 RE: Community Development Referral CASE No.: MS -13 -02 and PBG -13 -01 /Urban Green Development The Wheat Ridge Fire Protection District has reviewed the Community Development Referral and has the following comments regarding our ability to serve this property: 1. A Residential Site Planning Guide for use by the applicant is attached to this response. All requirements established in the Residential Site Planning Guide, as well as the 2006 International Fire Code and IFC amendments adopted by the City of Wheat Ridge shall be met unless approved by the Division of Fire Prevention. 2. Based on a review of the Site Development Plan, additional fire hydrants will be needed to meet the water supply requirements of the Fire District. Reference the attached Development Guide and then contact the Fire District and the Wheat Ridge Water District to confirm distribution requirements. 3. Based on a review of the Site Development Plan, access lanes appear to be adequate however: The entry passageway accessing the "EXISTING SINGLE FAMILY" should be widened to a minimum of 20'. It is the responsibility of the property owner /tenant to verify that all required Fire Department permits are acquired and all requirements and conditions are met. Please feel free to contact me if there are any questions or concerns with respect to this review. Reviewed by, 'r" c Kelly Brooks Fire Marshal Wheat Ridge Fire Protection District Wheat Ridge Sanitation District 7100 W. 44th Ave. # 104 P.O. Box 288 Wheat Ridge, Colorado 80034 -0288 FAX: 303 -424 -2280 Phone: 303 -424 -7252 March 26, 2013 Meredith Reckert City of Wheat Ridge Community Development 7500 West 29 Avenue Wheat Ridge CO 80033 Email: mreckert@ci.wheatridge.co.us Re MS -13 -02 and PBG- 13- O1/Urban Green Development —5801 W. 38 Avenue/4000 Fenton Court Dear Ms. Reckert: On behalf of the Wheat Ridge Sanitation District (WRSD), Martin/Martin Inc., acting as the District Engineer, offers the following in response to the referenced referral dated March 11 ` h , 2013 concerning a request for approval of a two lot subdivision plat with dedications and a planned building group plan for the above referenced property. The District has no objection to the plat or planned building group plan with exceptions noted herein. The subject lot at the address referenced above is entirely within the boundary and service area of the Wheat Ridge Sanitation District. Treatment of sewage generated within the Wheat Ridge Sanitation District is provided by the Metro Wastewater Reclamation District (Metro). Wheat Ridge Sanitation District has an 8 -inch mainline extending south to north through the referenced property. After reviewing existing flow of the downstream mainlines, it appears that the existing District mainlines should be capable of providing service to the new development. However, Martin/Martin Inc., acting as the Wheat Ridge Sanitation District Engineer, has listed bullet points below that require discussion prior to connecting into the District collection system. Individual taps /individual service lines will be required for each single family and duplex homes connecting to the District line. If the row houses are to be of single ownership, they would be allowed to connect from a single tap if a single building and a single responsible entity is shown to be solely responsible for the service. However, if each row house is to be owned separately, each row house would be required to install an individual sewer service. As more specific design layouts showing these connections become available, these connections would need to be reviewed by the District and commensurate fees indentified. In addition, main extensions may be required if all buildings will be owned individually to allow separate connections to occur as per rules and regulations. Sheet AO — it appears on the southern portion of the development, the sanitary line will cross a new park/detention pond. The District would need to understand what type of detention (below grade or above ground) will be occurring in this area to determine if realignment or an acceptable alternative (leak tight pvc and encasement) of the existing sanitary sewer mainline will be required. Sheet - Site Plan - It appears from the Site Plan that underground detention is planned for the development. The proposed easement for this underground detention encroaches on the new sanitary sewer easement. Detailed plans showing profiles and layout will need to be reviewed for this underground detention structure to ensure this installation will have no effect on the existing sanitary sewer mainline or easement. In addition, proper vertical/horizontal separation of any storm and sanitary sewer line(s) must be met. The storm easement shall not encroach on the sanitary sewer easement unless for access only. Wheat Ridge Sanitation District 7100 W. 44th Ave. #104 P.O. Box 288 Wheat Ridge, Colorado 80034 -0288 FAX: 303 -424 -2280 Phone: 303 - 424 -7252 Sheet — Site Plan - It is unknown the water line location's in relation to the existing sanitary sewer main. Proper vertical/horizontal separation of any water and sewer lines must be met. If these separation requirements can not be met, proper encasement must occur according to the District Rules and Regulations. Sheet — Site Plan — All existing and proposed utilities shall be shown on the site plan to proper review by the District. MH naming — Please label MH's as listed below for District nomenclature reasons. • MH with Rim 5411.14 —Please name Existing MH MA -1 • MH with Rim 5408.68 — Please name Existing MH MA -2 Easement A 20' Easement has been indentified for the existing sanitary mainline crossing the new development. This information has been provided/coordinated with the Engineer for review /procurement. As the easement documents indicate, any structure, tree, woody plant or nursery stock may be removed from the easement area during repair /replacement by the District without liability or damages arising therefrom. In addition, easements will be required along all drives to access and maintain the sanitary sewer line. A mountable curb and a driveable surface shall be located north of Manhole MA -2 to allow District access to the existing MH MA -2 for maintenance purposes. Easement procurement is the responsibility of the Developer /Owner and must meet the requirements of the Wheat Ridge Sanitation District including all associated review fees. Also, any tap, engineering review fees, district attorney fees, and managerial services are the responsibility of the owner /developer based on the then current fee rate structure. If you have any questions, please do not hesitate to contact Ms. Sue Matthews during regular office hours, 8:30 am to 12:30 pm, or Bill Willis, MARTIN/MARTIN Consulting Engineers, 303 - 431 -6100. Sincerely, Bill Willis District Engineer MARTIN/MARTIN, Inc. C: Sue Matthews — Wheat Ridge Sanitation District Dave Sebem, CPA Sebern & Co. Tim Flynn — Collins, Cockrel, Cole City of Community Development ,/. W ld e 7500 West 29th Avenue COMMUNITY DEVELOPME-g Wheat Ridge, Colorado 80033 Ph: 303.235.2846 Fax: 303.235.2857 Community Development Referral Form Date Mailed: March 11, 2013 Response Due: March 26, 2013 The Wheat Ridge Community Development Department has received a request for approval of a two lot subdivision plat with dedications and a planned building group plan at 5801 W. 38` Avenue/ 4000 Fenton Court. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: MS -13 -02 (plat) and PBG -13 -01 (planned building group plan) /Urban Green Development Request: The subject property is 2.5 acres in size and contains an existing single family residence built in 1877. The site is zoned R -3 and is the former site of a greenhouse operation. The property ownership includes a 646' x 16.5' "flagpole" extending south from the southeast corner of the property to 38` Avenue. The applicant intends on developing 26 dwelling units with single family homes (8 units including the existing single family home), two family homes (8 units in 4 buildings) and row houses (11 units in 2 buildings). A new street connecting Fenton Court from the north and West 39 Place to the west will provide access and circulation through the site. Please respond to this request in writing regarding your ability to serve the property. Please specify any new infrastructure needed or improvements to existing infrastructure that will be required. Include any easements that will be essential to serve the property as a result of this development. Please detail the requirements for development in respect to your rules and regulations. If you need further clarification, contact the case manager: Case Manager: Meredith Reckert Phone: 303.235.2848 Email: mreckert@ci.wheatridge.co.us Fax: 303.235.2848 DISTRIBUTION: Wheat Ridge Water District Wheat Ridge Sanitation District Wheat Ridge Fire District Xcel Energy Qwest Communications AT&T Broadband Comcast Cable Wheat Ridge Police Department Wheat Ridge Public Works Wheat Ridge Building Division Wheat Ridge Parks fi .�i W rrl Vicinity Map -j A NW-'VAU.I, WA 1 ST AV r- 4 � q .1vow URBAN G R E E N I would like to take this opportunity to introduce you to InCamation CSC a "Conscientious, Sustainable Community" The project is a 2.6 acre infill site zoned R3 that has a few unique characteristics. You will see from the survey that the project is bordered on the North by Fenton Court and on the West by West 39 Place. There is an interesting pan handle that comprises .25 acres that extends from the property to the South all the way to 38` We intend to develop the land with a mix of homes including single family, patio homes and row homes in a mix we feel is appropriate for the market. Our intent is to develop the project by right and we are not asking for any variances to the land use code. This application serves two purposes, first the minor subdivision which is the process the city uses to accept public dedications for the road and second a PBG application to approve the site plan. City staff has been very helpful and encouraging in guiding us through this application process. They have indicated that this project is right in line with the best interests of the city and the community. This project fills some gaps for the city with regard to fire protection and infrastructure patterns not to mention cleaning up a significantly contaminated site. We would like the city to waive our park fees in lieu of us creating a pedestrian connection between the project and 38` street. This will facilitate the walkability of the site and encourage the residents to interact with the commercial elements along 38' This project brings new blood to the city of Wheat Ridge which should facilitate the improvements of the commercial properties along 38' This is the right project at the right time. Even though the PBG does not require a neighborhood meeting it is our intention to host a meeting on the site with the neighbors during the third week in April. We look forward to working through the details of the project with staff, planning board and council. Best Regards The Staff at Urban Green Development 621 17th Street Suite 1777 Denver, CO 80293-0621 303 UGD.1000 303.284.2871 UrbanGreenDevelopments corn DELIGH ASSOCIATES Traffic& Transportation Engineering �_ 2272 Glen Haven Drive Loveland, Colorado 80538 Phone: (970) 669 -2061 Fax: (970) 669 -5034 MEMORANDUM TO Joel Seamons, Park Engineering Consultant City of Wheat Ridge FROM: Matt Delich DATE: March 6, 2013 SUBJECT: IN /Carnation Traffic Study (File: 1317ME01) IN /Carnation is a proposed residential development, on a largely vacant lot, east of North Harlan Street and south of West 41 in Wheat Ridge. The site location is shown in Figure 1. The scope of this exercise was discussed with Dave Brossman, Wheat Ridge Development Review Engineer. A memorandum discussing the trip generation and trip distribution was requested. The site will be accessed from West 39 Place (to North Harlan Street) and Fenton Court (to West 41 Avenue). West 39 Place currently stubs to the subject property. Fenton Court is a cul- de -sac that has a gate to the subject property. These streets will be connected through the site. The site plan is shown in Figure 2. There is an existing house which will remain on the site. There will be seven additional single family homes on the north portion of the site. On the south portion of the site, eleven row homes and six patio homes are proposed. The trip generation of the IN /Carnation residential development was estimated using Trip Generation. 9 t h Edition ITE as the reference document. The trip generation for the single family homes used equations in Single - Family Detached Housing (Code 210) to determine the daily and peak hour trip generation. The row homes and patio homes will be smaller units. Equations in Residential Condominium/Townhouse (Code 230) were used to determine the daily and peak hour trip generation for these two residential home types. Table 1 shows the calculated trip generation for the IN /Carnation site. The estimated trip generation for the IN /Carnation residential development is: 236 daily trip ends; 28 morning peak hour trip ends; and 25 afternoon peak hour trip ends. Given the location of IN /Carnation within Wheat Ridge, and the hierarchy of streets in the area, it is expected that the trip distribution will be as depicted in Figure 3. To some extent, residents will utilize the access street, West 39 Place or Fenton Court, that is closest to their dwelling unit. Do not hesitate to contact me if you have questions or desire additional information. R • E( f - V,MB IS'S Q SUALL: I"=IUUU SITE LOCATION Figure 1 --// L—DELICH -7,1 r—ASSOCIATES V5 Z3 R e g i A& Inspiration W 49;h Ave Point Park C re e Side Park z tp W 46th km W 48th Ave 91D W 48th Ave I W 471ti Pf 2 VV 4 Ave IN 4 7 1 h Avf- Lakc Z , V dF91 R fj 'OV46th P1 ou d c 4 lie -16th Ave ry W 4 r 5th PI jU co CL '0, 4GthAve VV 4 A Lakeside CD el-BaCher rk VV Rd 58 W 441h Ave Cn Rd 58 W 44th Ave V4 4431) Avr-- Co Rd 58 M M 4 0 tk- > :2 tP - rt fr U) rp F. K 1 4 L 42ndAvc 1 4414 3rd Ave m a 0 Randall cl, n. Vq'47jid Avo F T. Park 2 W- rb ti Eft W Z -0 ci n rr v -,7- cr 1X* 3 „1 Ave 1 4 1 41 st Awe 4 A Ave - &— X (D M o ty (MM k/e. VJ CL .r fry W Ave n- u Carnation 8th Ave Ba. rt h 5 Co Rd 180 16V 38th Ave -:j L- w 371h P1 Vj =r 3 vy vv Bari) P1 w M - n z ul M VV 36 Ave-. wV Ridge Vv SEA h 4�Ave 'k 36th Ave 1 0136th Ave m 35th Ave X 10 z E .A A u Marshall Panorama 1 Av& L(I go Ca :3 tW cr Park <1 51 Park SL %V j 3rd Ave- � SUALL: I"=IUUU SITE LOCATION Figure 1 --// L—DELICH -7,1 r—ASSOCIATES 4� N SCALE: 1 " =50' I JT 5393.94 trlcr Am4y mar W3 5• ?'XM �Wrl ?'ASO 21-M I 2MI, 7!M 71.VA PARCEL A 80 282 SF=22 UNITS MAXQ .. ......... .......... IkN ....... IN (5) '4 4. Ibis RIAU E +.i7ol6.11 1:: QIIUA OUT •07.03 rwuwavt CZ SITE DEVELOPMENT PLAN it SITE PLAN Figure 2 /IL-DELICH - 71 r-ASSOCIATES TABLE 1 Trip Generation Code Use Size AWDTE AM Peak Hour PM Peak Hour Rate Trips Rate In Rate Out Rate In Rate Out 210 Single - Family 8 DU EQ 103 EQ 4 EQ 11 EQ 7 EQ 4 230 Row Homes 11 DU EQ 94 EQ 2 EQ 7 EQ 7 EQ 3 230 Patio Homes 4 DU EQ 39 EQ 1 EQ 3 EQ 3 EQ 1 Total Trip Generation 1 236 7 21 17 8 ll�_ j TRIP DISTRIBUTION Figure 3 - - -- / L-DELICH [,-ASSOCIATES i " � Cit of Geodetic Surveying Wheat f-�'- e Requirements for Final Plats PU BLIC WORKS Q TITLE OF PLAT t t P (J ol Tl w alvia yn CSC Notice to Surveyor u Initial each item as completed. This form shall accompany the Final Plat submittal. 06c 1. All distances for the above referenced Plat are shown using (ground) modified State Plane measurements (U.S. survey feet rounded to the nearest 0.0 P) consistent with the Current City Datum, AND the following datum information is shown on the Final Plat: a. The Current City Datum Coordinate System used is a ground -based modified form of the NAD83 /92 State Plane Coordinate System, Colorado Central Zone 0502. b. Vertical Datum used is the North American Vertical Datum of 1988 (NAVD88). c. Ground to Grid Combined Scale Factor is 0.99974780300, scaled from base point PHAC 1 (Permanent High Accuracy Control Point #1) having the following NAD83/92 State Plane coordinates: PHAC 1: Northing: 1701258.75, Easting: 3118217.58, Elevation: 5471.62. 2. Modified State Plane coordinates consistent with the Current City Datum are shown on the Final Plat to the nearest one - hundredth of a foot (0.01') for all property boundary corners, angle point(s), and for all point(s) of curvature /tangency. I 3. The following curve data for the site boundary, and for all lot lines and easement boundaries, shall be shown on the Final Plat. All angular measurements shall be to the nearest second and all distances to the nearest 0.01': a. Arc length. b. Chord length. c. Chord bearing. d. Central angle (delta). p e. Radius. ruJC� 4. The Section Tie control points shall be on the Current City Datum and shown using (ground) modified State Plane distances and bearings with the Latitude/Longitude and modified State Plane coordinates shown per City of Wheat Ridge published values. All associated property boundary corners shall be in modified State Plane values consistent with the Current City Datum; a minimum of two (2) property boundary corners of the site shall be tied to any of the three (3) following control point types within the City of Wheat Ridge network: a. Section corners. b. Quarter - section corners. c. City of Wheat Ridge Permanent High Accuracy Control (PHAC) points. 5. A Basis of Bearing Statement shall be shown specifying the two (2) City of Wheat Ridge monuments selected to establish the modified State Plane (Current City Datum) bearings used for the Plat. Specify the City monument identification number, the Current City Datum coordinates and the Latitude /Longitude for each of the two monuments used for the Basis of Bearing, and show the modified State Plane distances and bearings between them. Rev 11/12 1296 6. The following information is included on the Plat for all monuments used: a. The City -based monument identification number. b. Modified State Plane coordinates on the Current City Datum (as supplied by the City). — 7. Provide one (1) 24 "X 36" paper copy on the Current City Datum as listed on this Plat, with all bearings relative to the Current City Datum Basis of Bearing, and all coordinates relative to said Current City Datum. 8. Two digital files of the Final Plat positioned correctly on the Current City Datum have been provided with the Plat submittal as follows: a. One (1) file in the currently acceptable version of AutoCAD DWG format (please contact the Department of Public Works at 303.235.2861 for version info). b. One (1) file in Adobe PDF format. ♦ 9. A Closure Report showing the error of closure for the platted area was provided with the plat submittal. The error of closure shall not exceed 1:50,000 for all linear and angular (bearing) rI� measurements per Section 26 -407 -D of the City of Wheat Ridge Municipal Code of Laws. �'✓ 10. The following statement is included on the plat: "Per Colorado Revised Statutes Sec. 38 -51 -106 (L), all lineal units depicted on this Land Survey Plat are U.S. Survey Feet. One Meter equals 39.37 divided by 12 U.S. Survey Feet according to the National Institute of Standards and Technology. " 11. Per C.R.S. 38 -52 -106, the Final Plat shall contain a Statement of Accuracy, as defined by the National Ocean Survey/National Geodetic Survey, used to derive the coordinates shown on the Final Plat. The form of the Statement of Accuracy shall be: The geodetic point coordinate data shown herein has been derived from the NAD 83 HARK State Plane Colorado Central FIPS 0502 Coordinate System, and has a horizontal Accuracy Classification of 0.07 U.S. Survey Feet at the 95% Confidence level, as defined in the Geospatial Positioning Accuracy Standards of the Federal Geodetic Control Subcommittee (FGDC- STD - 007.2- 1998). I hereby acknowledge all the above requirements have been addressed in a full and complete manner. to ieGtc✓ R 6'a Surveyor Name (Please Print) Surveyor Signature }� wc� 5�ivcc „z.r C'oiv,,oc.�r,� Tilc_ Firm 3 A,, z�i3 Date For information pertaining to Section and Quarter Corner information, PHAC points, benchmarks, or for general City surveying monumentation information, please visit the City of Wheat Ridge website at: www.ci.wheatridize.co.us Or contact the Department of Public Works, Engineering Division at 303.235.2861. Rev 11/12 Parcel name: LOT 1 North: 706824.2231 Line Course: N 89 -58 -35 E North: 706824.2800 Line Course: S 00 -00 -00 W North: 706731.4950 Curve Length: 34.7349 Delta: 91 -04 -56 Chord: 31.1913 Course In: S 89 -27 -32 W RP North: 706731.2887 End North: 706709.4394 Line Course: N 90 -00 -00 W North: 706709.4394 Line Course: N 00 -16 -26 W North: 706824.2234 East : 124060.4092 Length: 138.1292 East : 124198.5384 Length: 92.7850 East : 124198.5384 Radius: 21.8502 Tangent: 22.2668 Course: S 45 -00 -00 W Course Out: S 00 -32 -28 W East 124176.6891 East 124176.4828 Length: 115.5249 East : 124060.9579 Length: 114.7853 East : 124060.4092 Perimeter: 495.9593 Area: 15,725 sq.ft. 0.361 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0003 Course: N 01 -09 -43 E Error North: 0.00033 East : 0.00001 Precision 1: 1,641,385.6667 Parcel name: LOT 2 North: 706662.4391 Line Course: S 90 -00 -00 E North: 706662.4391 Curve Length: 108.4723 Delta: 90 -00 -00 Chord: 97.6593 Course In: N 00 -00 -00 E RP North: 706731.4947 End North: 706731.4947 Line Course: N 00 -00 -00 E North: 706824.2990 Line Course: N 89 -58 -35 E North: 706824.3557 East : 124061.1826 Length: 115.3002 East : 124176.4828 Radius: 69.0556 Tangent: 69.0556 Course: N 45 -00 -00 E Course Out: S 90 -00 -00 E East 124176.4828 East 124245.5384 Length: 92.8043 East : 124245.5384 Length: 137.5625 East : 124383.1009 Line Course: S 00 -16 -40 E North: 706799.2151 Line Course: N 89 -59 -55 E North: 706799.2152 Line Course: S 00 -16 -40 E North: 706650.7152 Line Course: S 89 -59 -55 W North: 706650.7151 Line Course: S 00 -16 -40 E North: 705875.1952 Line Course: S 89 -59 -55 W North: 705875.1948 Line Course: N 00 -16 -40 W North: 706521.4260 Line Course: S 89 -58 -35 W North: 706521.2998 Line Course: N 00 -16 -26 W North: 706662.4387 Length: 25.1409 East 124383.2227 Length: 5.0001 East 124388.2228 Length: 148.5017 East 124388.9428 Length: 5.0001 East 124383.9427 Length: 775.5290 East : 124387.7026 Length: 16.5002 East : 124371.2024 Length: 646.2388 East : 124368.0693 Length: 306.2118 East : 124061.8575 Length: 141.1405 East : 124061.1828 Perimeter: 2523.4022 Area: 80,287 sq.ft. 1.843 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0005 Course: S 30 -35 -32 E Error North: - 0.00040 East : 0.00024 Precision 1: 5,025,178.8000 Parcel name: OVERALL North: 706824.2231 Line Course: N 89 -58 -35 E North: 706824.3561 Line Course: S 00 -16 -40 E North: 706799.2155 Line Course: N 89 -59 -55 E North: 706799.2156 Line Course: S 00 -16 -40 E North: 706650.7156 Line Course: S 89 -59 -55 W North: 706650.7155 Line Course: S 00 -16 -40 E North: 705875.1956 Line Course: S 89 -59 -55 W North: 705875.1952 Line Course: N 00 -16 -40 W East : 124060.4092 Length: 322.6917 East : 124383.1008 Length: 25.1409 East 124383.2227 Length: 5.0001 East 124388.2228 Length: 148.5017 East 124388.9428 Length: 5.0001 East 124383.9427 Length: 775.5290 East : 124387.7025 Length: 16.5002 East : 124371.2023 Length: 646.2388 North: 706521.4264 Line Course: S 89 -58 -35 W North: 706521.3002 Line Course: N 00 -16 -26 W North: 706824.2232 East : 124368.0693 Length: 306.2118 East : 124061.8575 Length: 302.9264 East : 124060.4095 Perimeter: 2553.7406 Area: 109,159 sq.ft. 2.506 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0003 Course: N 72 -42 -48 E Error North: 0.00009 East : 0.00029 Precision 1: 8,512,469.0000 Parcel name: ROW North: 706709.4391 Line Course: S 90 -00 -00 E North: 706709.4391 Curve Length: 34.6449 Delta: 90 -00 -00 Chord: 31.1913 Course In: N 00 -00 -00 E RP North: 706731.4947 End North: 706731.4947 Line Course: N 00 -00 -00 E North: 706824.2797 Line Course: N 89 -58 -35 E North: 706824.2991 Line Course: S 00 -00 -00 W North: 706731.4948 Curve Length: 108.4723 Delta: 90 -00 -00 Chord: 97.6593 Course In: N 90 -00 -00 W RP North: 706731.4948 End North: 706662.4392 Line Course: N 90 -00 -00 W North: 706662.4392 Line Course: N 00 -16 -26 W North: 706709.4392 East : 124060.9579 Length: 115.5249 East : 124176.4828 Radius: 22.0556 Tangent: 22.0556 Course: N 45 -00 -00 E Course Out: S 90 -00 -00 E East 124176.4828 East 124198.5384 Length: 92.7850 East : 124198.5384 Length: 47.0000 East : 124245.5384 Length: 92.8043 East : 124245.5384 Radius: 69.0556 Tangent: 69.0556 Course: S 45 -00 -00 W Course Out: S 00 -00 -00 W East 124176.4828 East 124176.4828 Length: 115.3002 East : 124061.18Z6 Length: 47.0005 East : 124060.9580 Perimeter: 653.5320 Area: 13,147 sq.ft. 0.302 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0001 Course: N 40 -03 -49 E Error North: 0.00006 East : 0.00005 Precision 1: 6,3921655.0000 American Title Services Company November 26, 2012 rVenture3, LLC 5801 W. 38 Ave. Wheat Ridge, CO 80212 Final Owners Policy Enclosed, please find the ALTA Owners Policy for file number DC- 2012060358RSA and borrower(s) rVenture3, LLC for the property located at 5801 W. 38 Ave., Wheat Ridge, CO 80212. Thank you for your business and we hope to insure you in the near future. Be sure to keep this policy. For the next five years, Every time you refinance or sell this home using American Title Services, you qualify for a discount of up to 50% off the currently filed title premium rate. To get your discount, just present a copy of this policy or letter to American Title Services, at the time of application for a loan or to when listing your home for sale. Order direct or tell your lender or Realtor to order from American Title Services. Sincerely; Richard Talley President 6465 South Greenwood Plaza Blvd #700, Centennial, CO 80111, ph: 303- 738 -1700, Fx: 303- 738 -1712 86700 - 009681 Owner's Policy of Title Insurance Issued by Title Resources Guaranty Company Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, TITLE RESOURCES GUARANTY COMPANY, a Texas corporation (the "Company ") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered, (iv) failure to perform those acts necessary to create a document by electronic means authorized by law, (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land, (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. An Authorized Signature r-r Title Resources Grrai -ciWY Coiuj)rn{i' 7 Executive � ° >c 1Gr� / /r � n Oi= Executive Vice President - �'�� b / rl.Y A S Secretary ALTA Owner's Policy (6/17/2006) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 2. 3. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy ": The date designated as "Date of Policy" in Schedule A. (c) "Entity ": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured ": The Insured named in Schedule A. (i) the term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly -owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly -owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly -owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) with regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant ": An Insured claiming loss or damage. (f) "Knowledge" or "Known ": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land ": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage ": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records ": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. Q) "Title ": The estate or interest described in Schedule A. (k) "Unmarketable Title ": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e- mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10 %, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ( "Rules "). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: Title Resources Guaranty Company 8111 LBJ Freeway, Ste. 1200 Dallas, TX 75251 American Land Title Association SCHEDULE A Name and Address of Title Insurance Company: Title Resources Guaranty Company 8111 LBJ Freeway, Suite 1200 Dallas, Texas 75251 Policy Number: 86700- 009681 File Number: DC- 2012060358RSA Address Reference: 5801 W 38th Ave Wheatridge, CO 80212 -7146 Amount of Insurance: $ 395,000.00 Premium: $ 1,669.00 Date of Policy: November 27, 2012 1. Name of Insured: rVenture3, LLC 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: rVenture3, LLC 4. The Land referred to in this policy is described as follows: SEE EXHIBIT AATTACHED HERETO Owner's Policy Adopted 6 -17 -06 Copyright 2006 -2009 American Land Title Association. All rights reserved. The use of this Form is restricted toALTAlicensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN (DC- 2012060358Rs a. PFD /DC- 2012060358RSA/28) American Land Title Association Owner's Policy Adopted 6 -17 -06 Title Resources Guaranty Company SCHEDULE B File Number: DC- 2012060358RSA Policy Number: 86700 - 009681 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses which arise by reason of: 1. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 2. Taxes and assessment for the year 2011, paid: Taxes and assessments for the year 2012 and subsequent years, a lien not yet due or payable. 3. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water 4. Statutory liens for any existing or future assessments, taxes, fees of charges on account of the inclusion of the subject property in one or more special districts or municipalities. 5. Permanent Easement with City of Wheat Ridge recorded 10/04/2001 at Reception No. F1332687 6. Easements, Restrictions, Notes, Terms, Conditions, Agreements, Obligations, Reservations and Rights -of -Way of record, if any, as shown on the recorded plat of STEWART GARDENS, recorded 10/03/1925, at Reception No. 164640 7. Terms, conditions, provisions, agreements, stipulations and all other matters set forth in Contract to Buy and Sell Real Estate Agreement recorded 09/14/2012 at Reception No. 2012098274. 8. Deed of Trust from rVenture3, LLC to the Public Trustee for Jefferson County in favor of Ted Koutsoubos, filed for record in the Clerk and Recorder's Office of Jefferson County, in the approximate principal sum of $395,000.00. Owner's Policy only. Copyright 2006 -2009 American Land Title Association. All rights reserved. AMERICAN LAND TITLE ASSOCiATIUN The use of this Form is restricted to ALTA licensees and ALTAmembers in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. (DC- 2012060358Rs a. PF D/DC- 2012060358RSA/28) EXHIBIT A File Number: DC- 2O12060358RSA Policy Number: 86700 - 009681 The Land referred to in this policy is described as follows: East 112 NW1 /4 SW1 /4 SE1 /4, Section 24, Township 3 South, Range 69 West of the 6th PM., excepting the North 340 feet thereof; together with the West 5 feet of Lot or Block 33, STEWART GARDENS, and together with the East 16.5 feet of the SW'% SW% SE'/ of said Section 24; together with all water, water, and ditch rights belonging or appertaining to the above described land, County of Jefferson, State of Colorado ABTA Owner's Policy Exh i bi t A (DC- 2012060358Rsa. PFD /DC- 2012060358RSA/28) Deleting Printed Exceptions or Paid Encumbrances Colorado Form No. 110.1 (4/94) Issued by Title Resources Guaranty Company Attached to Policy No. 86700 - 009681 Said Policy is hereby amended by deleting Paragraph(s) 1 -3 of Schedule B, Part I. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. An Authorized Signature 41 % aR Title Resources Gtta wwju Cottapruty '..• . 727 GYM Vice President/Asst. Secretary �- >'txAS i Secretary TRGC Colorado Form: 110.1 (4/94) Deleting Printed Exceptions or Paid Encumbrances WW Weiland, Inc. Environmental Ft tnginLm-ring PHASE I ENVIRONMENTAL SITE ASSESMENT 5801 W 38" Ave Wheat Ridge,CO Prepared For: Urban Green Developers 2899 N Speer Blvd, Suite 101 Denver, CO 80211 Prepared by: Weiland, Inc. PO Box 18087 Boulder, CO 80308 July 27, 2012 Po Box 16097, BOULDER, CO B030B ph 303- 443 -9521 TABLE OF CONTENTS PAGE 1.0 EXECUTIVE SUMMARY ................................................... ................................... 1 2.0 INTRODUCTION ................................................................... ............................... 2 2.1. PURPOSE AND SCOPE ........................................................ .............................. 2.2. DETAILED SCOPE -OF- SERVICES ...................................... ............................... 2 3.0 SITE DESCRIPTION ............................................................. ............................... 4 3.1. LOCATION AND LEGAL DESCRIPTION ............................... .............................. 3.2. SITE AND VICINITY GENERAL CHARACTERISTICS .......... .............................. 3.3. PHYSICAL SITE DESCRIPTION ........................................... .............................. 3.4. CURRENT TARGET PROPERTY'S USE .............................. .............................. 3.5. DESCRIPTIONS OF STRUCTURE ........................................ .............................. 3.6. CURRENT USES OF ADJOINING PROPERTIES ................. .............................. 4.0 USER PROVIDED INFORMATION ........................................ .............................. 4 .1. TITLE RECORDS ................................................................... .............................. 4.2. ENVIRONMENTAL LIENS OR ACTIVITY AND USE LIMITATIONS ....................5 4.3. OWNER AND PROPERTY MANAGER INFORMATION ....... ..............................5 4.4. INTERVIEWS WITH OWNERS .............................................. .............................. 4.5. REASON FOR PERFORMING PHASE I ............................... .............................. 5.0 RECORDS REVIEW ............................................................. ............................... 7 5.1. FEDERAL, STATE AND LOCAL REGULATORY RECORDS REVIEW ............................................ ............................... FINDINGS .................. .....................7 5.2. PHYSICAL SETTING SOURCES .......................................... ............................... 7 5.3. HISTORICAL USE INFORMATION ON THE TARGET PROPERTY AND ADJOINING PROPERTIES ........................................................ ............................... 7 6.0 SITE RECONNAISSANCE ..................................................... ..............................8 6.1. 6.1 GENERAL SITE SETTING ............................................... ..............................8 6.2. 6.2 OBSERVATIONS ............................................................ ............................... 8 6.2.1 Above - Ground and Underground Storage Tanks ........ ..............................8 6.2.2 Hazardous Materials and Petroleum Products ............... ............................... 8 6.2.3 Utilities ............................................................................. ..............................8 6.2.4 Other .............................................................................. ............................... 8 7.0 FINDINGS AND CONCLUSIONS ........................................... ..............................9 8.0 OPINION / RECOMMENDATION ........................................ ............................... 10 9.0 REFERENCES .................................................................... ............................... 11 10.0 SIGNATURES OF ENVIRONMENTAL PROFESSIONALS ............................... 12 Figures and Plates Figure 1 - Site Location /Radius Map Figure 2 - Site Plan Figure 3 — 1963 Aerial Photo Site Photographs (Plates 1 -16) Appendix I Regulatory Records Review Documentation 1.0 EXECUTIVE SUMMARY In July of 2012 Weiland, Inc. (WI) performed a Phase I Environmental Site Assessment (ESA) on the property and building located at 5801 W 38th Ave (target property) located in Wheat Ridge, Colorado. The location of the target property is shown on Figure 1, Site Location Map. The ESA was conducted in conformance with the scope and limitations of ASTM Practice E 1527 -00. The scope of work included visual observations of the site and vicinity, review of available historical information, and review of regulatory databases and related sources. The target property consists of a 1580 sq ft residential building constructed in 1877, and a 2405 sq ft outbuilding on approximately 2.65 acres. This ESA, which is based on regulatory history and historical land use, finds that there could be pesticides and or herbicides present in soils in the area where the greenhouses were formerly located. The levels of pesticide and herbicide concentrations in soils are unknown and therefore a modified Phase II Environmental Site Assessment is recommended. 5801 W 38 Ave. Phase I ESA Page 1 of 12 2.0 INTRODUCTION 2.1. PURPOSE AND SCOPE This report presents the results of the Phase I ESA conducted on the property located at 5801 W 38th Ave performed by WI for Urban Green Developments. This report has been prepared according to the ASTM Standard Phase I Environmental Assessment Practice E 1527 -00. The purpose of this Phase I Environmental Site Assessment is to evaluate the potential presence of hazardous substances and soil and /or groundwater contamination, due to past and /or current land -use practices at the site, or from nearby off site operations, to the extent that time and available information allowed. It is understood that the proposed use for the property could be re- development consisting of remodeling or demolition and new construction. 2.2. DETAILED SCOPE -OF- SERVICES The scope of services for this assessment included the following tasks 1. Site visit to identify any obvious visual signs of contamination by hazardous materials and /or petroleum products; 2. Investigation of past and present land use for the target property and adjacent properties since 1959; 3. Review of pertinent readily available documents and maps regarding geologic and hydrogeologic conditions for the site; 4. Local, state and federal regulatory database review per guidelines established in the ASTM 1527 -00 standard; 5. A review and discussion of readily available business records for uses and activities at or on the real property; 6. A review by way of FOIA (Freedom Of Information Act) of reasonably obtainable State, Federal and Local government records and investigation reports of sites or facilities at, on, or near the real property to discover the presence or likely presence of a Hazardous Substance, Petroleum Product or Pesticide or incidents or activities likely to cause or contribute to a release or a threatened release of a Hazardous Substance, Petroleum Product or Pesticide at, on, to, or from the real property; 7. Review of any off site disposal practices and whether disposal location is identified on the state published list of NPL and CERCLIS sites, and review of documentation available from property owner or managers regarding the disposal locations utilized and any previous or pending violation of environmental regulations; 8. A review and discussion and general overview of industrial processes involved with current and past uses that are likely to involve the use, 5801 W 38 Ave. Phase 1 ESA Page 2 of 12 treatment, storage, disposal or generation of Hazardous Substances, Petroleum Products, and Pesticides and any applicable state, federal, and local regulatory agencies that may have jurisdiction; 5801 W38' Ave. Phase 1 ESA Page 3 of 12 3.0 SITE DESCRIPTION 3.1. LOCATION AND LEGAL DESCRIPTION The target property is located within the City of Wheat Ridge within Jefferson County. The site location for the target property is given in Figure 1. The site plan for the target property is given in Figure 2. The legal description of the property is as follows: Lot 29, Block 33, Section 24, Township 3S, R69W. 3.2. SITE AND VICINITY GENERAL CHARACTERISTICS The target property is located in the central Wheat Ridge Stewart Gardens neighborhood. This area consists of a mixed -use commercial residential. The site elevation is approximately 5,416 feet (ft) above mean sea level. The land is generally flat and gently slopes down to the south. 3.3. PHYSICAL SITE DESCRIPTION The site is generally flat lying; however the regional topography dips down to the south. 3.4. CURRENT TARGET PROPERTY'S USE The target property is currently vacant. 3.5. DESCRIPTIONS OF STRUCTURE The existing residential structure is constructed of brick and wood with stone foundation and full basement. There is one level including approximately 1580 square ft. The outbuilding (storage shed) is constructed of wood on concrete slab. Utilities include city water sewer and natural gas. 3.6. CURRENT USES OF ADJOINING PROPERTIES Photographs documenting current adjoining land uses are given in Plates 1 -16. All of the adjoining properties are residential except for some commercial uses near the access parcel along 38 Ave. 5801 W 38" Ave. Phase I ESA Page 4 of 12 4.0 USER PROVIDED INFORMATION 4.1. TITLE RECORDS Based on personal interview with Mrs. Morrison the property has been owned by the Morrison family since 1959. 4.2. ENVIRONMENTAL LIENS OR ACTIVITY AND USE LIMITATIONS There were no environmental liens or use limitations found in the agency records or deed search. 4.3. OWNER AND PROPERTY MANAGER INFORMATION The current landowner is Samuel Morrison. 4.4. INTERVIEWS WITH OWNERS Mrs. Karen Morrison was interviewed by telephone on July 19 2012. When asked about the general history of the property Mrs. Morrison said that her husband's parents had purchased the property in 1959. At the time of their purchase the property was a working carnation farm. When asked about the operation of the carnation farm, she explained that flowers were grown in elevated boxes within the greenhouses. The greenhouses occupied the ground south of the existing shed and had dirt floors. Heating pipes and irrigation pipes were all above ground. When asked about the use of herbicides and pesticides, she said that they had used them and they were stored in the remaining shed (approximately middle of the building) on the concrete floor. When asked if any pesticides or herbicides were stored or disposed of outside on the ground, she indicated that they were not. When asked if there were any petroleum storage tanks on the site, she said that there had been one near the east entrance of the existing shed installed in the 1970's, however it was never used and subsequently removed. She went on to say the carnation farm ceased operations in 1982 and the greenhouses were removed soon thereafter. The property was used to grow crops since then and was quite productive. Mrs. Morrison's mother in law had lived in the house until recently. When asked if there were any other environmental issues with the property that she knew of, she indicated that some asbestos had been buried near the boiler house at the time when the boiler had been removed in the early 1980's. Mrs. Morrison was again contacted on July 27, 2012 and asked if the soil from the flower boxes had been placed on the ground in the area where the greenhouses were located. She indicated that it was. She was also asked about the use of pesticides and herbicides in the greenhouses and she indicated that in the 1970's a fogger was used approximately once ever 3 months. 5801 W 38" Ave. Phase 1 ESA Page 5 of 12 4.5. REASON FOR PERFORMING PHASE I The reason for conducting this ESA on this property is to perform a due diligence investigation for a development land use. This ESA assesses the given parcel of commercial real estate with respect to the range of contaminants defined by the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) and petroleum products. This practice is intended to permit the buyer to satisfy one of the requirements to qualify for the innocent landowner defense against CERCLA liability. 5801 W 38 Ave. Phase I ESA Page 6 of 12 5.0 RECORDS REVIEW 5.1. FEDERAL, STATE AND LOCAL REGULATORY RECORDS REVIEW FINDINGS In accordance with ASTM E1527 -00, a record search was conducted with local, state and federal regulators. The results of these findings are presented in Appendix I. There were no listings for the target property. There were no listings found for any of the adjacent properties. All other listings found within the database search radius were examined for potential to affect the target property. Listing locations and type are shown on the radius maps. There were no listings within 0.25 of miles of the target property. Some listings occurred within .5 miles, however after careful examination of each listing, none of the listings were thought to be of any concern to the target property due to either the proximity or type of listing. 5.2. PHYSICAL SETTING SOURCES The USGS 7.5' topographical quadrangle Arvada, Colorado were consulted to determine the physical setting of the project site. 5.3. HISTORICAL USE INFORMATION ON THE TARGET PROPERTY AND ADJOINING PROPERTIES This area of Wheat Ridge had historically been used for residential commercial and agricultural production including fruit orchards, nurseries and flower farms. In the late 1800's 38 Ave was known as the Prospect Trail and later as the Middle Golden Road. As of 1941, the land east of the target property and the target property was the site of Stewart Gardens, which according to the Wheat Ridge Historical Society was owned by Alex Ritchie. The Ritchie family was described as one of the original pioneers and so it is likely that the Ritchie family constructed the house located on the target property in 1877. Alex Ritchie subsequently sold the target property to Mr. Clifford Morrison in 1959. According to Mrs. Morrison, the target property was already set up as a carnation farm at the time of purchase. By 1963, aerial photography (see Figure 3) shows residential structures occupying the land to the east where Stewart Gardens was located as well as to the north, west and south. In summary, the target property and surrounding land was part of the Stewart Gardens which dates at least as far back as 1941. At some time between 1941 -1963, the target property was divided from the rest of Stewart Gardens and the remaining property was subdivided into residential parcels. 5801 W 38"" Ave. Phase 1 ESA Page 7 of 12 6.0 SITE RECONNAISSANCE On June 21, 2012 Peter Wayland of WI visited the property and the surrounding vicinity to make visual observations of existing site conditions. The photographs taken at the time of the site visit are included in Appendix I, Plates 1 -16. 6.1. 6.1 GENERAL SITE SETTING The general setting of the site and surrounding area is residential and some commercial along W 38 Ave. 6.2. 6.2 OBSERVATIONS 6.2.1 Above - Ground and Underground Storage Tanks No evidence of aboveground storage tanks ( AST's) was observed at the site or adjacent properties. No evidence of underground storage tanks (UST's) or vent pipes were observed on the property. 6.2.2 Hazardous Materials and Petroleum Products No evidence of petroleum products or hazardous materials was found during the site inspection. 6.2.3 Utilities The property is serviced by city water, power, and natural gas. All utilities are buried. No hazardous materials or petroleum product releases associated with utilities were visible. 6.2.4 Other No signs of distressed vegetation, groundwater wells were observed on the project site at the time of the site reconnaissance visit. There were no observed industrial or major stormwater discharges observed on or around the target property. 5809 W 38" Ave. Phase ! ESA Page 8 of 12 7.0 FINDINGS AND CONCLUSIONS WI performed this Phase I Environmental Site Assessment Update in conformance with the scope and limitations of ASTM Standard E 1527 -00. The target property was not listed with any environmental regulatory agencies. The adjoining properties were not listed with any environmental regulatory agencies. The likely historical land uses of the target property and vicinity since 1877 have been described herein and are found to be land uses that do not typically generate significant quantities of petroleum products or hazardous materials. It is known that of pesticides and herbicides were used in the farming of carnations, and that the soil used to grow the flowers contained in raised boxes was placed onto the ground in the area formerly occupied by the greenhouses during the demolition process. A nearby site located at 3705 Jay Street, which is shown in the .5 mile buffer map in Appendix I, was listed with the CDPHE as an environmental covenant site restricting excavation of soil due to DDT and Dieldrin contamination. This property was the location of the Davis Brothers Florist site, which was likely used to grow and sell flowers. Due to the proximity of this site in relation to the target property, it is unlikely to be of concern with regard to migration of contaminants onto the target property, however the historic land use is similar, and could indicate the degree of past pesticide and herbicide application on the target property. It is therefore recommended that a modified Phase II Environmental Site Assessment be conducted. 5801 W 38" Ave. Phase ! ESA Page 9 of 12 8.0 OPINION / RECOMMENDATION Given the information provided herein, the recommendation is to conduct a modified Phase II Environmental Site Assessment before proceeding with real property transactions and or developments. 5801 W 38" Ave. Phase 1 ESA Page 10 of 12 9.0 REFERENCES Jefferson County Clerks Office, 2012. Real Estate Records and Property Search of property. Colorado Department of Labor and Employment Oil Inspection Section, July 2012. COSTIS Database. Colorado Department of Health and Environment Hazardous Materials Division, July 2012. Hazardous Materials and Waste Management Division Database Wheat Ridge Historical Society 2012, The Middle Golden Road ". http * // wheatridgehistoricalsociety .org /Joomla /index.php ?option =com_ content &task =view &id= 130 <emid =44 5801 W 38"" Ave. Phase l ESA Page 11 of 12 10.0 SIGNATURES OF ENVIRONMENTAL PROFESSIONALS Respectfully submitted, Peter Wayland M.S. P.G. President Weiland, Inc. 5801 W 3e" Ave. Phase 1 ESA Page 12 of 12 no w F' 0 r F: o- f r e" f t � Plate Plate 1. Exterior of residential building on Target Property !. Interior of residential building on Target Property F T K; q � i._ Alt Y[ Plate 4. Looking south at boiler building on Target Property Plate 3. Chicken coop on Target Property Plate 5. Looking north across the Target Property at former greenhouse location. Note greenhouse rooflines on the south side of the remaining building Plate 6. North side of the remaining storage shed on Target Property "Y YH A 711 14— 1 "�6 e Plate 8. Adjoining property to the east. Plate 7. Interior of the remaining storage shed on the Target Property 7 1, � I Plate 9. Adjoining property to the east Plate 10. Adjoining property to the south. Plate 11. Looking south along the access portion of the Target Property Plate 12. Adjoining property to the south west. Plate 13. Adjoining property to the west "�R V Plate 14. Adjoining property to the west. Plate 16. Adjoining property to the north. Plate 15. Adjoining property to the north APPENDIX I Map Uutput 5801 W 38th Ave, 80212 -.5 Mile Buffer m y s1I:i L• J h C II _ ` r• l 7rn RV q 11 NfY Y S:a S�rcn V L" Ave, 60212 �z - rte Enviromental Covenants Rec OBJECTID IDI NAME ACCURACY TYPE POLLUTANTS COUNTY COV DATE SHAPE LENG SHAPE AREA RESTRICTIO LINKS #SHAPE# #ID# 1 COD980956908 TINACO 6190 W 38TH AVE WHEAT RIDGE JEFFERSON 80033 SQG A htto (lwww ena v /coi- 4g binl9eticReport cai� No + OR - 30 [Polygon] 443 tool= echo&IDNumber- .OD9809M9o8 excavation, METERS 1 4 0 WHEATRIDGE 50 METERS COVENANT DDT, Dieldrin Jefferson Tue, 1 Oct 2002 00.00.00 0 0 grading, construction without htto / /vrvw cdoheslate co us/hm /covenanVindex htm (polygon] 2 2 COD981542640 SANITARY COMMERCIAL 5800 WEST DENVER JEFFERSON 80212 SQG UTC htto /Pwww eoa aov /coi bin /aeticReoort coin consent of CLEANERS 84TH AVE. tool= echo8IDNumber-COD981542640 the METERS [Polygon] 517 INC Department Hazardous Wactp Small r)nantit r — + — Rec ID FACILITY STREET ADD CITY COUNTY ZIP 4 FAC TYPE STATUSI LINKS METHOD ACCURACY #SHAPE# #ID# 1 COD980956908 TINACO 6190 W 38TH AVE WHEAT RIDGE JEFFERSON 80033 SQG A htto (lwww ena v /coi- 4g binl9eticReport cai� CENTRUS + OR - 30 [Polygon] 443 tool= echo&IDNumber- .OD9809M9o8 METERS SAFE & 2 COD981542640 SANITARY COMMERCIAL 5800 WEST DENVER JEFFERSON 80212 SQG A htto /Pwww eoa aov /coi bin /aeticReoort coin + OR - 30 CLEANERS 84TH AVE. tool= echo8IDNumber-COD981542640 CENTRUS METERS [Polygon] 517 INC http emaps. dphe .state.co.us lservleticom.esri. esrimap. 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This is not an official copy. This property is subject to an Environmental Covenant held by the Colorado Department of Public Health and Environment pursuant to section 25 -15 -321, C.R.S. ENVIRONMENTAL COVENANT By this deed, the City of Wheat Ridge, Colorado ( "City ") grants an Environmental Covenant ( "Covenant ") as of the 26` day of August, 2002 to the Colorado Department of Public Health and the Environment ( "the Department ") pursuant to § 25 -15 -321 of the Colorado Hazardous Waste Act, § 25 -15 -101, et seq. The Department's address is 4300 Cherry Creek Drive South, Denver, Colorado 80246 -1530. WHEREAS, the City is the owner of certain property commonly referred to as the Davis Brothers Florist Site, located at 3705 Jay Street, Wheat Ridge, Colorado, more particularly described in Attachment A, attached hereto and incorporated herein by reference as though fully set forth (hereinafter referred to as "the Property "); and WHEREAS, pesticide residue is found in the soil at the Property as the result of activities by prior owners of the Property (not the City); and WHEREAS, the City acquired the Property after the pesticide residue was deposited, but is addressing the environmental condition of the Property in the process of redeveloping the Property into a park -like setting; and WHEREAS, the Property is the subject of a Voluntary Clean -Up Plan approved by the Colorado Department of Public Health and Environment on Se 12 , 2002 in accordance with the Voluntary Clean -Up and Redevelopment Act, C.R.S. § 25 - 16- 301 to 310; and WHEREAS, the City desires to subject the Property to certain covenants and restrictions as provided in Article 15 of Title 25, Colorado Revised Statutes, which covenants and restrictions shall burden the Property and bind the City, its heirs, successors, assigns, and any grantees of the Property, their heirs, successors, assigns and grantees, and any users of the Property (except persons using the Property as members of the public for the purpose for which the Property has been redeveloped as a park -like setting), for the benefit of the Department. NOW, THEREFORE, the City hereby grants this Environmental Covenant to the Department, and declares that the Property as described in Attachment A shall hereinafter be bound by, held, sold, and conveyed subject to the following environmental use restrictions which shall run with the Property in perpetuity and be binding on the City and all parties having any right, title or interest in the Property, or any part thereof, their heirs, successors and assigns, and any persons using the land (except persons using the Property as members of the public for the purpose for which the Property has been redeveloped as a park -like setting). PETER\53027\400078.03 I . Use restrictions A. No residential or commercial development of the Property shall be permitted or allowed without the express prior written consent of the Department; and B. No excavation, grading, construction, or any other activity that disturbs the ground surface is permitted on the Property, without the express written consent of the Department, subject to the exception that the City and/or its designees may disturb the ground surface for the purposes of complying with all requirements of the approved Voluntary Clean -Up Plan, maintaining the landscaping, removing sediment from surface runoff found in the catch basin to be constructed, installing and removing fences, replanting, new planting, revegetating, and other activities consistent with the approved Voluntary Clean -Up Plan. It is not the intention of the City, the Department, or this Covenant to require the Department's approval for, or to preclude, activities on the Property consistent with the acknowledged goal of enabling use of the Property for recreation in a park -like setting. 2. Purpose of this covenant The purpose of this Covenant is to ensure protection of human health and the environment by minimizing the potential for exposure to pesticide residue that remains in the soil on the Property. The Covenant will accomplish this by minimizing those activities that result in disturbing the ground surface, and by creating a review and approval process to ensure that any such intrusive activities are conducted with appropriate precautions to avoid or eliminate any hazards. 3. Modifications This Covenant runs with the land and is perpetual, unless modified or terminated pursuant to this paragraph. The City or its successors and assigns may request that the Department approve a modification or termination of the Covenant. The request shall contain information showing that the proposed modification or termination shall, if implemented, ensure protection of human health and the environment. The Department shall review any submitted information, and may request additional information. If the Department determines that the proposal to modify or terminate the Covenant will ensure protection of human health and the environment, it shall approve the proposal. No modification or termination of this Covenant shall be effective unless the Department has approved such modification or termination in writing. Information to support a request for modification or termination may include one or more of the following: a) a proposal to perform additional remedial work; b) new information regarding the risks posed by the residual contamination; c) information demonstrating that residual contamination has diminished; d) information demonstrating that the proposed modification would not adversely impact the remedy and is protective of human health and the environment; and other appropriate supporting information. 4. Conveyances This Covenant is intended to run with the land and shall be binding upon all subsequent owners of all or any part of the Property for the period of time described above. The City shall notify the Department at least fifteen (15) days in advance of any proposed grant, transfer or conveyance of any interest in any or all of the Property. The City agrees to incorporate either in full or by reference the restrictions of this Covenant in any leases, licenses, or other instruments granting a right to use the Property. 5. Bindin E� Notwithstanding the foregoing, pursuant to §25 -15- 318(2) C.R.S., this Covenant shall, once recorded with the Clerk and Recorder for Jefferson County, Colorado, run with the land and bind any person or entity who acquires any right, title or interest in all or any part of the Property for the period of time described above, whether or not any reference to this Covenant or its provisions is contained in the deed or other conveyance instruments by which such person or entity acquires an interest in the Property. 6. Notification for proposed construction and land use The City agrees to notify the Department simultaneously when submitting for consideration any application for a building permit or change in land use. 7. Inspections The Department shall have the right of entry to the Property at reasonable times with prior notice for the purpose of determining compliance with the terms of this Covenant. Nothing in this Covenant shall impair any other authority the Department may otherwise have to enter and inspect the Property. 8. No Liability The Department does not acquire any liability under State law by virtue of accepting this Covenant. 9. Enforcement The Department may enforce the terms of this Covenant pursuant to §25- 15 -321. C.R.S. The City may file suit in district court to enjoin actual or threatened violations of this Covenant. 10. Annual Reporting The City will receive a form on an annual basis from the Department. The suitable completion and timely return of the form to the Department will serve as an indication of current compliance with terms of this Covenant. Substitution of a similar city - generated letter will suffice, in lieu of the City not receiving the form from the Department in a timely manner. The City has caused this instrument to be executed as of the day and year first set forth above. CITY OF WHEAT RIDGE, COLORADO By: Gretchen Cerveny Gretchen Cerveny, Mayor STATE OF COLORADO ) ss: COUNTY OF JEFFERSON ) The foregoing instrument was acknowledged before me this 5�h day of September, 2002 by Gretchen Cerveny on behalf of the City of Wheat Ridge, Colorado. Barbara Delgadillo Notary Public Address My commission expires: 12 -23 -02 Accepted by the Colorado Department of Public Health and Environment this O ctober , 2002. By: Douglas Benevento Title: Acting Executive Director STATE OF Colorado COUNTY OF Denver ss: 1 day of The foregoing instrument was acknowledged before me this L day of October , 2002 by Douglas H Benevento on behalf of the Colorado Department of Public Health and Environment. Maria S. Zepeda- Sanchez Notary Public 5863 Magnolia St Address Commerce City, CO 80022 My commission expires: 4/14/03 W �o I Weiland. Inc. Environmental & Engineering SOIL MITIGATION / REMEDIATION PLAN 5801 W 38 AVE, WHEAT RIDGE, CO Prepared For Urban Green Developers 2899 N Speer Blvd, Suite 101 Denver, CO 80211 Prepared by Weiland, Inc. PO Box 18087 Boulder, CO 80308 Oct 5, 2012 PO BOX 1BOB7, HOULOER. CO 8030e ph 303- 443 -9521 R wwII�, TABLE OF CONTENTS 1.0 INTRODUCTION ......................................................... ............................... 2 2.0 FIELD WORK ............................................................... ..............................3 2.1 UTILITY LOCATE ..................................................... ..............................3 2.2 SOIL SAMPLING. ................................................................................... 3 2.3 DISCUSSION OF SOIL SAMPLING ......................... ..............................3 2.4 CONTAMINATED SOIL VOLUME AND REMOVAL . ..............................4 3.0 REFERENCES ............................................................. ..............................5 Figure 1 — Site Plan Appendix I - Colorado Soil Evaluation Values (CSEV) Table Appendix II — Test Hole Soil Logs Appendix III — Accutest Analytical Results 1.0 INTRODUCTION A Phase I Environmental Site Assessment (ESA) was performed in by Weiland, Inc. (WI) on July 27, 2012 for Urban Green Developers of Denver, CO. The findings of the ESA indicated the possibility of soil contamination due to the historic application of herbicides and pesticides for the cultivation of carnations. Subsequent Modified Phase II activities confirmed the presence of pesticides and specifically Dieldrin at levels above the Colorado Soil Evaluation Values (CSEV) as defined by the Colorado Department of Public Health and Environment (CDPHE) Hazardous Materials and Waste Management Division (CSEV table given in Appendix 1). 2.0 FIELDWORK 2.1 UTILITY LOCATE UNCC was also notified and non - private utilities were located offsite and offsite in the vicinity of the drilling locations. 2.2 SOIL SAMPLING Three near surface test holes (Th- 1 -TH -3) were hand augered on August 16, 2012 and soil samples were submitted to the Accutest lab in Wheat Ridge , CO for analysis. This soil sampling (Modified Phase II) was designed to ascertain the presence /absence of soil contamination. The full suite of herbicides and pesticides were specified for analysis by EPA methods 8081, 8151, and 8270. The results returned hits for several pesticides, however only Dieldrin was found to occur at levels greater than those defined by the CSEV. Soil Test Hole locations are given in Figure 1, Test Hole Logs in Appendix II and Analytical results in Appendix III. On September 12, 2012 additional soil test holes were completed with a 2" split spoon sampler advanced in 2ft increments from continuous coring. This second round of test holes was designed to ascertain the vertical and areal extent of soil contamination on the property and thereby allowing the calculation of soil volume to be removed from the site. Test holes Th -1 — TH -3 were completed in the same location as the August sampling, only deeper. Test Holes TH -4 — TH -6 were completed outside of the former greenhouse area to determine the presence absence of pesticides outside the greenhouse area on the property agricultural fields. Soil Test Hole locations are given in Figure 1, Test Hole Logs in Appendix II and Analytical results in Appendix III. No pesticides were found to occur at levels above the CSEV values below the topsoil layer in test holes TH -1 — TH -3. Deildrin was however found to occur at levels above the CSEV in topsoil outside the former greenhouse area on the agricultural fields. 2.3 DISCUSSION OF SOIL SAMPLING In the Phase I report, based on information from the daughter in law of the historic operators of the carnation farm, it was assumed that the pesticides had only been applied to greenhouse box soils, which had been placed onto the ground in the area of the greenhouses during their removal. Soil sampling revealed a distinct contact between the dark, organic rich soils found in this area and the underlying native silty sand. These soils were not found outside of the area of the former greenhouse. The topsoil in the agricultural fields outside of the former greenhouse area were found to be lighter in color and occur as a thinner layer. The presence of Dieldrin in these fields indicates that it was likely that carnations were also grown outside of the greenhouses on the property in the past. The sampling of test holes TH -4 — TH -6 was only completed to shallow depths as a screening for the presence / absence of pesticides. Further research on the mobility of Dieldrin in soils revealed that Dieldrin will strongly sorb to organic matter and will not mobilize from the organic soil horizon (topsoil) vertically (USEPA, 2007). The soil testing below the topsoil layers in TH -1 — TH -3 confirms that this mechanism occurs at this site and that Deildrin has not significantly mobilized vertically downward. It is therefore, the conclusion of this report, that removal of the organic soil profile (topsoil) for the areas identified in Figure 1 will effectively remediate the soil contamination due to Dieldrin on the property. It is recommended that confirmatory soil testing be completed following soil excavation to confirm removal. 2.4 CONTAMINATED SOIL VOLUME AND REMOVAL Figure 1 shows the areas designated for soil excavation and disposal to complete the soil remediation. The soil in the area formerly occupied by the carnation greenhouses will require excavation of the soil topsoil to a depth of 8 ". This area includes approximately 18,503 ft of ground. The contaminated soil volume is approximately 459 yd . The soil in area of the agricultural fields will require excavation of the soil topsoil to a depth of 6 " -8" (average 7 "). This area includes 52,903 ft of ground. The contaminated soil volume is 1,136 yd The total soil volume required for removal / remediation is calculated to be approximately 1,596 yd The soil profiles show a distinct boundary between the dark organic rich topsoil to be removed and the tan colored native silty sand below and will serve as a good visual indicator for the remediation contractor. The remediation contractor shall follow all applicable regulations regarding the transport and disposal of soil contaminated with Dieldrin. 3.0 REFERENCES 2007, USEPA, Ecological Soil Screening Levels for Dieldrin Interim Final. OSWER Directive 9285.7 -56 Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division Table 1. Colorado Soil Evaluation Values (CSEV Table) — July 2011 CDPHE_Table 1 Soil Cleanup Value Standards_July 2011 x1 Page 1 of 3 Analyte Residential Worker (4) Groundwater Protection Leachate Reference Water Standard Class (CDPHE Preferred Name) CAS No F Level Concentratwn m /k I Notes m /k Notes I [ma/kg [ma/kg Notes I Imq/Lj Notes [mg/L I [mg/Lj I Notes Aluminum 7429 -90 -5 77000 no 910000 no NA 110 5 1.3 Antimony 744036-0 31 no 410 no NA 0.13 0.006 1 Arsenic 7440 -38 -2 039 10.c 1 6 toc NA 0.22 0.01 1 Barium 7440 -39-3 15000 rtc 160000 Inc NA 44 2 1 Beryllium 7440-41 -7 160 no 1300 c NA 0088 0.004 1 Cadmium and compounds 7440-43 -9 70 nc 770 no NA 0.11 I 0.005 1 Chromium(III) 16065 -83 -1 120000 nc 1500000 no NA 2.2 6 0.1 1,6 Chromium(VI) particulates 18540 -29-9 1.2 12,c 5 12,c NA 0.015 I 0.0007 2 Cobalt 7440 -48 -4 23 12, no 300 12, no NA 11 0.05 1 9 Copper and compounds 7440 -50-8 3100 hC_ 41000 no NA 4.4 I 0.2 1,3 cr Iron 7439 -89-6 55000 12,nc 720000 12 nc NA 66 0.3 1 O 1 Lead (inorganic) 7439 -92 -1 400 11,nc 800 11,nc NA 1,1 0.05 1 _ ° c Lead (tetraethyl) 78 -00 -2 00061 no 0 062 no NA 0000015 7E -07 2 Manganese 7439 -96 -5 9200 12,nc 51000 12,nc NA 1.1 0.05 1 Mercury (elemental) 7439 -97-6 13 8.nc 160 8,nc 0 025 00011 2 Mercury compounds (i.e., HgCI) 7487 -94 -7 23 ric 300 no NA 0.044 0.002 1 Nickel (soluble salts) 7440 -02 -0 1500 nc 12000 c NA 22 0.1 1 Selenium 7782-49 -2 390 nc 5100 no NA 0.44 0.02 1,3 Silver 7440 -22-4 390 no 5100 no NA 1.1 005 1 Thallium (suRate etc .) 7440 -2" Pending Pending NA 0.044 0.002 1 Vanadium 7440 -62 -2 390 12. no 5100 12, no NA 22 01 1.3 Zinc 7440 -66-6 23000 no 310000 no NA 44 2 1,3 1,1.1,2- Telrachloroethane 630 -20 -6 23 9,c 29 9,c 016 NA 0.013 2 1,1,1 - Trichloroethane 71 -55-6 9000 12,r1c 13000 12, no 62 NA I 0.2 1 1.1,2,2- Tetrachloroethane 79 -34 -5 0.66 9,12.c 079 9,12,c 00024 NA 0.00018 1 1,1,2- Trichloroethane 79 -00-5 1.1 9,c 1.5 9,c 0.038 NA 0.0028 1 1,1- Dichloroethane 75 -34 -3 4 12,c 49 12,c 1.8 NA 0.061 2 1,1- Dichloroethylene 75 -35-4 7.1 8, nc 10 8,nc 12 NA I 0.007 1 1.2.3- Tnchloropropane 96 -18 -4 0.019 9.12,c 008 9,12,c 27 NA 0.028 2 1,2,4- Trichtorobenzene 120 -82 -1 20 9,c 82 9,c 13 NA 0.07 1 1,2.4- Tnmethylbenzene 95 -63 -6 71 9,13, no 100 9,13, no 71 NA NA 1,2- Dibromo- 3chloropropane 96 -12-8 0.2 7,12,c 3.6 7,12,c 0.002 NA 0.0002 1 1,2- Dibromoethane 106 -93 -4 0.05 9.c 0068 9.c 000018 NA 000002 1 1,2- Dichlorobenzene 95 -50-1 2000 9,nc 3700 9,nc 57 NA 0.6 1 12- Dichloroethane 107 -06 -2 045 9,c 0 56 9.c 0.0036 NA 000038 1 1,2- Dichloropropane 78 -87 -5 1 9,12,c 1.3 9,12,c 00087 NA 0.00052 1 1,3,5- Trimethylbenzene 108 -67 -8 720 9,12,nc 8500 9,12, no 23 NA 007 2 1,3- Dichlorobenzene 541 -73-1 Pending Pending 8.5 NA 0.094 1 1,3- Dichloropropene 542 -75 -6 2 9,c 31 9.c 0084 NA 00035 2 1,4- Dichlorobenzene 106 -46-7 76 9,12,c 3.1 9,12,c 7.8 NA 0.075 1 1- Methylnaphthalene 90 -12 -0 20 12,c 82 12,c 081 NA 0.012 2 2- Butanone 78 -93-3 28000 9,nc 91000 9,nc 18 NA 4.2 2 2- Chlorophenol 95 -57 -8 360 9. no 4300 9,nc 1.2 NA 0.035 1 2- Hexanone 591 -78-0 330 no 2600 no 021 NA 0.035 2 2- Methylnaphthalene 91 -57 -6 290 9,nc 3400 9.nc 74 NA 0.028 2 4- Methyl- 2- pentanone 108- 10 -1 5000 9,nc 29000 9, no 3.3 NA 0.56 2 Acenaphthene 83 -32 -9 4300 9.no 51000 9,nc 1000 5 NA 0.42 1 Acetone 67 -64-1 61000 nc 380000 no 32 NA 6.3 2 Acetophenone 98 -86 -2 7800 no 100000 no 52 NA 07 2 Anthracene 120 -12 -7 22000 9,nc 260000 9,nc 1000 5 NA 2.1 1 Benzene 71 -43 -2 12 c 1.6 c 017 NA 0.005 1 U beta - Chloronaphthalene 91 -58-7 5800 9,nc 68000 9,nc 1000 NA 0.56 1 Ci Bis(2- chloroisopropyl)ether 108 -60 -1 83 9,c 34 9,c 0.037 NA 0.005 2 Bromobenzene 108-86 -1 540 9,12,nc 4500 91 3 NA 0.056 2 Bromodichloromethane 75 -27 -4 0 42 9,c 0.52 9,c 0 007 NA 0.00056 1 Bromomethane 74 -83-9 10 nc 15 nc 016 NA 0.01 2 Carbon disuthde 75 -15 -0 740 no 1100 no 1000 5 NA 0.7 2 Carbon tetrachloride 56 -23 -5 0.24 c 0.3 c 0.92 NA 0.00027 1 Chlorobenzene 108 -90 -7 330 no 580 no 5 3 NA 0.1 1 Chloroethane 75 -00-3 2.8 13,c 3.4 13,c 520 NA NA Chloroform 67 -66 -3 0.29 c 0 35 c 0.085 NA 0.0035 1 Chloromethane 74 -87 -3 120 13,nc 180 13,nc 20 NA NA cis- 1.2- Dichloroethene 156 -59 -2 780 nc 10000 nc 13 NA 0.07 1 Cumene 98 -82-8 2200 9,nc 4300 9,nc 700 NA 0.7 2 Dibenzofuran 132 -64 -9 72 9,12,nc 850 9.12. no 41 NA 0.007 2 Dibromochloromethane 124-48 -1 1 9,c VA 9,c 0.11 NA 0.014 1 Dichlorodifluoromethane 75 -71 -8 250 no 350 no 390 NA 1.4 2 Ethyl ether 60 -29 -7 16000 nc 200000 ne 11 NA 1.4 2 Ethyl melhacrylate 97 -63 -2 6500 9,nc 77000 9,no 1000 NA 0.63 2 Ethylacetate 141 -78-6 65000 91 770000 9,nc 35 NA 6.3 2 Ethylbenzene 100 -41 -4 6 9,12,c 7.8 9,12.c 100 NA 0.7 1 Fluorene 86-73 -7 2900 9,nc 34000 9,nc 1000 5 NA 028 1 Hexane 110 -54 -3 Pending Pending 100 sat NA 0.42 2 Methylene chloride 75 -09 -2 12 c 16 c 0.06 NA 0.0047 1 Naphthalene 91 -20 -3 1400 9, no 17000 9,nc 23 NA 014 1 n- Butylbenzene 104 -51-8 2700 13,nc 17000 13,nc 240 NA I NA Nitrobenzene 98 -95 -3 46 9,12,c 5 6 9,12.c 0 061 NA 0.0035 1 n- Propylbenzene 103 -65-1 7400 12,nc 69000 12,nc 77 NA 0.7 2 sec- Butylbenzene 135 -98 -8 2700 13,nc 17000 13,nc 230 NA NA Styrene 100-42 -5 6700 9,nc 16000 9,nc 14 NA I 0.1 1 CDPHE_Table 1 Soil Cleanup Value Standards_July 2011 x1 Page 1 of 3 Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division Table 1. Colorado Soil Evaluation Values (CSEV Table) - July 2011 CDPHE_Table 1 Soil Cleanup Value Standards 2011.x1s Page 2 of 3 Analyte Residential Worker [4] Groundwater Protection Leachate Reference Water Standard Class (CDPHE Preferred Name) CAS No Level Concentration m /k Notes I [rng/kgl Notes I jmg/kqj Notes I jmg/Lj Notes m /L Notes tert- Butylbenzene 98 -06-6 2700 13,nc 17000 13. no 230 NA NA Tetrachloroethylene 127 -18-4 0.52 B,c 0.95 8.c 1.9 NA 0.005 1 Toluene 108 -88 -3 4700 9,nc 24000 9,nc 50 NA 056 1 Total 1,2- dichloroethene 540 -59-0 Pending Pending 1.9 NA 0.063 2 Xylenes (total) 1330 -20 -7 710 9, no 1000 9,nc 75 NA 1.4 1 0 trans -1,2- Dichloroethene 156 -60-5 140 nC 210 nc 5.4 NA 0.1 1 u � Trichlorcethylene 79 -01 -6 0 052 8,c 0064 8,c 068 NA 0.005 1 UO Trlchlorofluoromethane 75-694 760 no 1100 nc: 1000 5 NA 2.1 2 > Trichlorotnfluorcethane 76 -13 -1 54000 no 78000 no 1000 5 NA 210 2 Vinyl acetate 108 -054 1100 9, nc 1500 9, no 51 NA 7 2 .Vinyl chlorid e 75 -01 -4 0.09 7,12,c 4 7,12.c 011 NA 0000023 1 1,2- Dintrobenzene 528 -29-0 6.1 nc 62 nc 0.014 NA 0.0007 2 1,4- Dinitrobenzene 100 -25 -4 6.1 no 62 nc 0 005 NA 1 00007 2 1,4- Dioxane 12391 -1 7.5 c 10 c 0031 NA 0 -0061 1 2,4,5 - Trichlorophenol 95 -95-4 6100 no 62000 no 88 NA 0.7 1 2,4,6-Trichbrophenol 88-06-2 44 c 160 c 028 NA 0.0032 1 2,4- Dichlorophenol 120 -83 -2 180 no 1800 no 033 NA 0.021 1 2,4- Dimethylphenol 105 -67 -9 1200 nc 12000 nc 2.7 NA 0.14 1 2,4- DinitrophenO 51 -28 -5 120 nc 1200 no 0.4 NA 0.014 1 2- Methylphenol 9548 -7 3100 nc 31000 nc 1.2 NA 0.35 2 3.3'- Dichlorobenzidine 91 -94 -1 1.1 c 38 c 0.041 NA 0000078 1 3- Methylphenol 108 -394 3100 nc 31000 nc 1.2 NA 0.35 2 4- Methylphenol 10644 -5 310 no 3100 no 0.27 NA 0.035 2 4- Ndrophenol 100-02 -7 Pending Pending 2.1 NA 0.056 1 a a -Dim ethylphenethylamine 122 -09 -8 61 13,nc 620 13,nc Pending NA NA Benz[a]anthracene 56 -55-3 0.22 7,12,c 3.9 7,12,c 1000 5 NA 4.8E -06 1 Benzo[a]pyrene 50 -32 -8 0 022 7,12 c 039 7,12.c 1000 5 NA 4 8E -06 1 Benzo[bjfluoranthene 205 -99-2 0.22 7,12,c 3.9 7,12,c 1000 5 NA 4 BE -06 1 Benzo[g . h, i]perylene 191 -24 -2 Pending Pending Pending NA NA Benzo[k]Fluoranthene 207 -08 -9 2.2 7,12,c 39 7,12,c 1000 5 NA 4.8E -06 1 Benzoic acid at pH 6 8 65 -85 -0 240000 no 2500000 no 110 NA 28 2 Benzyl alcohol 100 -51-6 Pending Pending 19 NA 0.7 2 Bis- 2- ethylhexyl phthalate 117 -81 -7 35 c 120 c 1000 5 NA 0.0025 1 Bromoform 75 -25-2 25 c 40 c 0.048 NA 0.004 1 U Butylbenzylphthalate 85 -68 -7 260 12,c 910 12.c 1000 5 NA 1 1.4 1 > Carbazole 86 -748 24 13,c 86 13,c 14 NA I NA y Chlordane 12789 -03-6 1.6 c 6.5 c 1000 5 NA 0.0001 1 Chrysene 218-01 -9 22 7,12,c 390 7,12,c 1000 5 NA I 4.8E -06 1 Cyclohexanone 108 -94 -1 310000 no 3100000 no 200 NA 35 2 Dibenzo[a,h]anthracene 5370 -3 0.022 7,12,c 0.39 7,12,c 1000 5 NA 4.8E-06 1 Diethylphtha late 84 -66 -2 49000 no 490000 no 140 NA 5.6 1 Dimethylphthalate 131 -11 -3 610000 13,ric 6200000 13,nc 760 NA NA di -n -Butyl phthalate 84 -74 -2 6100 no 62000 no 1000 5 NA 07 1 di- n -Octyl phthalate 117 -84 -0 2400 13,nc 25000 13,nc 1000 NA NA diphenylarnine 122 -39 -4 1500 no 15000 no 32 NA 0.18 2 Ethylene glycol 107 -21 -1 41000 nc 81000 no 70 NA 14 2 Fluoranthene 206 -44 -0 2400 no 25000 nc 1000 5 NA 028 1 Hexachlorobenzene 118 -74 -1 0.3 c 1.1 c 0.009 NA 0000022 1 Hexachlorobutadiene 87 -08 -3 62 c 22 c 0.17 NA 0 00045 1 Hexachlorocyclopentadiene 77474 370 ric 3700 no 1000 NA 0.042 1 Hexachloroethane 67 -72 -1 13 c 22 c 0 015 NA 00007 1 Indeno[1,2,3- cd]pyrene 19339 -5 022 7,12,c 3.9 7,12,c 1000 5 NA I 4.8E -06 1 N- nitrosodimelhylam me 62 -75 -9 0003 7,12,c 0.056 7,12.c 0000005 NA 69E -07 1 N- Nitrosodinpropylamine 621 -64 -7 0.069 C 0.25 c 2.8E -07 NA 0.000005 1 N- Nitrosodiphenylamine 86 -30 -6 100 c 350 c 0.67 NA 00071 1 Pentachlorophenol 87.86 -5 3 c 9 c 0.07 NA 0.00029 1 Phenol 108 -95 -2 18000 no 180000 no 47 NA 2.1 1 Pyrene 129 -00-0 1800 ric 18000 nc 1000 5 NA 0.21 1 ,Pyridine 110 -86 -1 1 61 ric 620 no 0.38 NA 0 007 2 Aroclor 1016 12674 -11 -2 3.9 nc 21 c 1000 5 NA 0000017 I 1 IM Aroclor 1254 11097 -69 -1 022 c 074 c 1000 5 NA 1 0000017 1 U a Aroclor 1260 11096 -82 -5 022 c 074 c 1000 5 NA 000001 7 I 1 PCBs 1336 -36 -3 022 c 074 c 1000 5 NA 0000017 1 2,4,5 -T 93 -76-5 610 no 6200 nc 0 54 NA 007 2 2,4, 5 -TP 93 -72 -1 490 no 4900 no 048 NA 0.05 1 2,4 -13 94 -75-7 690 nc 7700 no 2.5 NA 0.07 1 2.4 -DB 94 -82 -6 490 no 4900 nc 21 NA 0 056 2 4,4' -DDD 72 -54-8 2 c 7.2 c 1000 5 NA 0.00015 1 4.4' -DDE 72 -55 -9 1.4 c 51 c 1000 5 NA 00001 1 4,4' -DDT 50 -29 -3 1.7 c 7 c 1000 5 NA 0.0001 1 Aldicarb sulfone 1646 -88 -4 61 no 620 no 0 035 NA 0 007 1 w Aldrin 309 -00 -2 0.029 c 0.1 c 1000 5 NA 2.1E -06 1 a alpha -BHC 319 -84 -6 0 077 c 0.27 c 00017 NA 5 6E -06 1 beta -BHC 319 -85-7 0.27 c 1 c 0.046 NA 0.00019 2 Dalapon 75 -99 -0 1800 no 18000 Inc 11 NA 0.2 1 a Diedrin 60 -57 -1 0.03 c 011 c 1000 5 NA 0.000002 1 Dinoseb 88-85 -7 61 no 620 nc 062 NA 0 007 1 Endosulfan I 115 -29-7 370 nc 3700 no 1000 5 NA 0 042 1 Endosulfan 11 33213 -65 -9 Pending Pending 1000 5 NA 0.042 1 Endosufan Sulfate 1031 -07-8 Pending Pending 1000 5 NA 0 042 I 1 CDPHE_Table 1 Soil Cleanup Value Standards 2011.x1s Page 2 of 3 Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division Table 1. Colorado Soil Evaluation Values (CSEV Table) - July 2011 GENERAL NOTES: The 2011 version of the CSEV table values incorporates methodology from EPA 2009 RAGS Part F, Supplemental Guidance for Inhalation Risk Assessment . EPA's Office of Research and Development (ORD) continues to investigate issues important to inhalation risk assessment methodology, such as modifications to address children's susceptibility. RAGS F may be updated periodically as the science of human inhalation progresses Postings on pending changes may be found at http. /1www.epa govloswer /riskassessmenUsuperfurid_hh_ exposure htm It should be rated that the screening levels in these tables are based on human health risk from direct ingestion of soil, dermal contact with soil, plus inhalation from associated particulate or vapors Other pathways not considered in the CSEV risk methodology (e.g vapor intrusion/indoor air pathway, food chain pathway) may also need to be considered on a site - specific basis. Users should also be aware that some sites in sensitive ecological settings may need to be evaluated for potential ecological risk. c - Standard based on carcinogenic risk corresponding to a lifetime risk of 1 E -06. nc - Standard based on non- carcinogenic risk corresponding to a hazard quotient (HQ) of 1. For facilities where multiple non- carcinogenic chemicals are present. HO values should be divided by a factor of 10 to account for additivity. If adjusted table values are exceeded, consultation with a toxicologist is recommended to assess likely impact on specific target organs. Pending - Table values shown as pending are under review. Users should contact the Division if they have an urgent need for a table value for a constituent currently shown as pending NA - Not applicable, use of this table to select soil evaluation values under Tier 2 does not allow for the calculation of a soil concentration under this column. FOOTNOTES: 1 Water standard based on current state or federal MCL. 2. Water standard based on MCL- equivalent calculation. 3 Water standard based on stale agricultural standard. 4 Worker values are considered protective for indoor office workers with occasional contact with outdoor soil, and for outdoor workers engaged in light to moderate activity Values are NOT APPLICABLE to outdoor workers routinely engaged in contact- intensive activity For facilities where contact intensive use is anticipated, additional analysis and consultation with a toxicologist will be required to determine appropriate site - specific inputs to the risk equations. 5 Table value is capped at an upper concentration limit of 1,000 mg/kg. The Division believes it is necessary to cap the chronic risk scenario and soil -to- groundwater modeling concentration outputs, because the two modeling approaches can result in the calculation of soil concentrations that are very high in an absolute sense, possibly leading to acute health impacts, the presence of free -phase contaminant in soil, or leaving behind constituent levels in soil that might constitute a hazardous waste Users may contact the Division A they have a need for specific risk -based values, or modeled groundwater concentrations. 6 Based on total chromium. 7. Value based on current EPA - recommended methodology for assessment of chemicals causing cancer through a specific mutagenic mode of action (MOA). 8 Value based on current CDPHE policy for this chemical Contact the Division if additional information is needed. 9 Table value assumes 3% dermal absorption Vapor pressure VOC is less than that for benzene, indicating additional potential for dermal absorption. Table values for VOCs with a vapor pressure greater than that of benzene are calculated based on dermal absoption of 0% 10 For many locations in Colorado, naturally occurring concentrations of arsenic in soil are expected to be higher than the risk -based value listed in Table 1 If adequate background sampling is available that confirms the naturally occurring background concentration of arsenic adjacent to a facility is higher than the table value, the background concentration may be used for site screening and remediation purposes Users should also reference the document 'Risk Management Guidance for Evaluating Arsenic Concentrations in Soil (CDPHE, June 2011) at http /Iwww cdphe state co us /hm /arsenicinsoil pdf 11. Screening levels for lead are based on chemical- specific models, which are different than methods and risk algorithms used to derive other table values The residential value is based on default inputs to EPA's IEUBK model for lead in children. The worker value is based on EPA's adult lead model (ALM), using default values recommended in EPA's 2002 review of CDC's NHANES III report Consideration of site - specific inputs to the IEUBK or ALM lead models and consultation with a toxicologist is strongly recommended for facilities with lead levels in soil that exceed the residential or worker table values Contact the Division for additional information about details of the lead models and site - specific considerations. 12. Table value is based on route -to route toxicity value This value has been retained for screening purposes. If constituent is a risk driver at a facility, consultation with a toxicologist is recommended. 13. Table value is based on a toxicity value that has been withdrawn and is currently under review by EPA. This value has been retained for screening purposes If constituent is a risk driver at a facility, consultation with a toxicologist is recommended CDPHE - Table 1 Soil Cleanup Value Standards July 2011.xls Page 3 of 3 Groundwater Protection Leachate Reference Analyte Residential Worker [4] Water Standard Class (CDPHE Preferred Name) GAS No Level Concentration m /k Notes lmq/kal lm /k Notes fmafkql Notes [mg/I L I Notes I [mg/LL [mg/LL Notes Endrin 72 -20 -8 18 nc 180 nc 1000 5 NA 0 002 1 Endrin aldehyde 7421 -93-4 Pending Pending 4.9 NA 0.0021 1 Endrin ketone 53494 -70 -5 Pending Pending Pending NA NA gamma -BHC 58 -89-9 0.52 12,c 2.1 C 0.017 NA 00002 1 Heptachlor 76 -44 -8 Oil c 0.38 1000 5 NA 0000008 1 Heptachlor epoxide 1024 -57 -3 0.053 c 0.19 c 1000 5 NA 0000004 1 o Isophorone 78 -59 -1 510 c 1800 c 1.3 NA 014 1 w MCPA 94 -74-6 31 nC 310 nC 0 028 NA 0.0035 2 MCPP 93 -65 -2 61 nc 620 nc 0 054 NA 0 007 2 ., Methoxychlor 72 -43-5 310 nc 3100 rc 1000 NA 0.035 1 Phorate 298 -02 -2 12 nc 120 rc 015 NA 00014 2 a Terbufos 13071 -79 -9 1.5 nc 15 ric 0.031 NA I 0.00018 2 Toxa hene 8001 -35 -2 0 44 c 1.6 c 1000 5 NA 0000032 1 2,4.6 - Trinitrotoluene 118 -96-7 19 c 79 c 1.7 NA 0.012 2 2.4 /2.6- Dinitrotoluene mix 25321 -14-6 0.71 c 2.5 c 0 015 NA 000011 2 2,4- Dinitrotoluene 121 -14 -2 1.6 12,c 5.5 12,c 0.0032 NA 000011 1 2,6- Dinitrotoluene 606 -20 -2 61 nc 620 nc 0.2 NA 0 007 2 >- 2- Amino- 4,6- dinitrololuene 35572 -78 -2 150 12,nc 2000 12,nc 0.16 NA I 0.014 2 o 4- Amino- 2,6- dinitrololuene 19406 -51 -0 150 12,nc 1900 12,nc 0.16 NA 0.014 2 a 4- Nitrotoluene 99-99-0 30 12,c 110 12,c 0.59 NA I 0.022 2 w HMX 2691 -41 -0 3800 nc 49000 nc 1000 NA 0.35 2 PETN 78 -11 -5 Pending Pending Pending NA I NA RDX 121 -82-4 55 c 24 c 0.027 NA 0.0032 2 Tetry I 479 -05 -8 Pending Pending 0 6 NA 0.028 2 _ w Cyanide (free) 57 -12 -5 1600 nc 20000 nc NA 4 4 0 2 1 o Cyanide (hydrogen) 74 -90-8 1600 nc 20000 nc I NA 3.1 1 0.14 2 'E Nitrate 14797 -55 -8 130000 rx 1600000 nc NA 220 10 1 < Nitrite 14797-65-0 7800 rc 100000 nc NA 22 1 1 1 GENERAL NOTES: The 2011 version of the CSEV table values incorporates methodology from EPA 2009 RAGS Part F, Supplemental Guidance for Inhalation Risk Assessment . EPA's Office of Research and Development (ORD) continues to investigate issues important to inhalation risk assessment methodology, such as modifications to address children's susceptibility. RAGS F may be updated periodically as the science of human inhalation progresses Postings on pending changes may be found at http. /1www.epa govloswer /riskassessmenUsuperfurid_hh_ exposure htm It should be rated that the screening levels in these tables are based on human health risk from direct ingestion of soil, dermal contact with soil, plus inhalation from associated particulate or vapors Other pathways not considered in the CSEV risk methodology (e.g vapor intrusion/indoor air pathway, food chain pathway) may also need to be considered on a site - specific basis. Users should also be aware that some sites in sensitive ecological settings may need to be evaluated for potential ecological risk. c - Standard based on carcinogenic risk corresponding to a lifetime risk of 1 E -06. nc - Standard based on non- carcinogenic risk corresponding to a hazard quotient (HQ) of 1. For facilities where multiple non- carcinogenic chemicals are present. HO values should be divided by a factor of 10 to account for additivity. If adjusted table values are exceeded, consultation with a toxicologist is recommended to assess likely impact on specific target organs. Pending - Table values shown as pending are under review. Users should contact the Division if they have an urgent need for a table value for a constituent currently shown as pending NA - Not applicable, use of this table to select soil evaluation values under Tier 2 does not allow for the calculation of a soil concentration under this column. FOOTNOTES: 1 Water standard based on current state or federal MCL. 2. Water standard based on MCL- equivalent calculation. 3 Water standard based on stale agricultural standard. 4 Worker values are considered protective for indoor office workers with occasional contact with outdoor soil, and for outdoor workers engaged in light to moderate activity Values are NOT APPLICABLE to outdoor workers routinely engaged in contact- intensive activity For facilities where contact intensive use is anticipated, additional analysis and consultation with a toxicologist will be required to determine appropriate site - specific inputs to the risk equations. 5 Table value is capped at an upper concentration limit of 1,000 mg/kg. The Division believes it is necessary to cap the chronic risk scenario and soil -to- groundwater modeling concentration outputs, because the two modeling approaches can result in the calculation of soil concentrations that are very high in an absolute sense, possibly leading to acute health impacts, the presence of free -phase contaminant in soil, or leaving behind constituent levels in soil that might constitute a hazardous waste Users may contact the Division A they have a need for specific risk -based values, or modeled groundwater concentrations. 6 Based on total chromium. 7. Value based on current EPA - recommended methodology for assessment of chemicals causing cancer through a specific mutagenic mode of action (MOA). 8 Value based on current CDPHE policy for this chemical Contact the Division if additional information is needed. 9 Table value assumes 3% dermal absorption Vapor pressure VOC is less than that for benzene, indicating additional potential for dermal absorption. Table values for VOCs with a vapor pressure greater than that of benzene are calculated based on dermal absoption of 0% 10 For many locations in Colorado, naturally occurring concentrations of arsenic in soil are expected to be higher than the risk -based value listed in Table 1 If adequate background sampling is available that confirms the naturally occurring background concentration of arsenic adjacent to a facility is higher than the table value, the background concentration may be used for site screening and remediation purposes Users should also reference the document 'Risk Management Guidance for Evaluating Arsenic Concentrations in Soil (CDPHE, June 2011) at http /Iwww cdphe state co us /hm /arsenicinsoil pdf 11. Screening levels for lead are based on chemical- specific models, which are different than methods and risk algorithms used to derive other table values The residential value is based on default inputs to EPA's IEUBK model for lead in children. The worker value is based on EPA's adult lead model (ALM), using default values recommended in EPA's 2002 review of CDC's NHANES III report Consideration of site - specific inputs to the IEUBK or ALM lead models and consultation with a toxicologist is strongly recommended for facilities with lead levels in soil that exceed the residential or worker table values Contact the Division for additional information about details of the lead models and site - specific considerations. 12. Table value is based on route -to route toxicity value This value has been retained for screening purposes. If constituent is a risk driver at a facility, consultation with a toxicologist is recommended. 13. Table value is based on a toxicity value that has been withdrawn and is currently under review by EPA. This value has been retained for screening purposes If constituent is a risk driver at a facility, consultation with a toxicologist is recommended CDPHE - Table 1 Soil Cleanup Value Standards July 2011.xls Page 3 of 3 0 —2^ —*.- —0^ —8^ —1['! —15` —1D —2O'� —22` —24" —2O" —2O'! —30" —32" —J^'! —JO' _38" —4O" —42't —44" —40" —4O" —5O' —52" —o4" —5a" —5O" —OO" —O2" —54" —00' —5O" —7O" —72" HOLE NUMBER DATE: 9/12/12 1 DRILLER: DAKOTA DRILLING I EQUIPMENT: SPLIT SPOON TH-1 LOGGED BY: PETER WAYLAND I NOTES: CONTINUOUS 2" CORE STRATIGRAPHY SAMPLE RESULTS DESCRIPTION COLOR _ r�11r r �11 fffliFl FIIZ i 1M11_=I1B11=_11I=11I, ]If SILTY LOAM DARK GREY TH-1 Dieldrin =0.04 mg/kg SILTY SAND TAN TH-1 All Below TH-1 All Below TH-1 All Below 5QO1VV38THAVE S0LSM|T/GAT0N/REW1ED|AT|ON PLAN CLIENT: URBAN GREEN DEVELOPMENT I LOCATION: WHEAT RIDGE, CO I 1OF1 0 —4" —6" - —12" —W' —16" —18'- - 20" —22" —24'! —26" —28" —30" —32" —34 "- - 36" — 38" —40" —42" —44" —46 11 —48" —50'-' —52" —54'-' —56' —58" —60" - 6 2" —64" —66" —68'L —70' —72" HOLE NUMBER DATE: 9/12/12 DRILLER: DAKOTA DRILLING EQUIPMENT: SPLIT SPOON TH - 2 LOGGED BY: PETER WAYLAND NOTES: CONTINUOUS 2" CORE STRATIGRAPHY SAMPLE RESULTS DESCRIPTION COLOR III III -III —I -1II 111_:: I III —) I I III —III III III II�I�I ILIIIIIIIIILIITiillll III_ = III — III —III= III -L "� —! � —i I f =1 11 =1 11 =1 _r -1 I 1 =1 T I_ SILTY LOAM DARK GREY TH - 2 Dieldrin =1.3 mg /kg CSEV =0.03 mg/k SILTY SAND TAN TH - 2 e All Below CSEV Standards TH•2 c All Below CSEV Standards TH -2 D All Below CSEV Standards 5801 W 38TH AVE SOIL MITIGATION / REMEDIATION PLAN CLIENT: URBAN GREEN DEVELOPMENT I LOCATION: WHEAT RIDGE, CO 1 20176 0 —4"- —6" —8" —1 W' - 1 8.. —20' —22' —24' —26" —28" —30" —32" —36" —38" — 40" —42'-' —44'-' —46'-' — 48" —50" —52' —54" — 56" —58" —60" —62" —64" —66" 68" — — 70" —72' 5901 W 38TH AVE 1/c717C1. l/7C_ SOILS MITIGATION /REMEDIATION PLAN Environmental Fr Engineering CLIENT: URBAN GREEN DEVELOPMENT LOCATION: WHEAT RIDGE, CO 3 OF 6 HOLE NUMBER DATE: 9/12/12 DRILLER: DAKOTA DRILLING EQUIPMENT: SPLIT SPOON TH - 3 LOGGED BY: PETER WAYLAND NOTES: CONTINUOUS 2" CORE STRATIGRAPHY SAMPLE RESULTS DESCRIPTION COLOR III III — II I I I I -1 I I III -1 III I I -1 I I 111 =1 I I III -1 I I I I f - III III — III III =1f fl E d TH -3 All Below SILTY LOAM DARK GREY III —IJ— III — III = III — III -1 -11I CSEV Standards �lllllllll_I IIITII�IIIIIII1��11111111�1 TH -3 All Below ei CSEV Standards SILTY SAND TAN —34' TH -3 � i All Below CSEV Standards 0 —8 —10" —12" —14" —16" —18"- -20" —22" —24'= —26' —28" —3o'! —32" —34' —36" —38'= —40" —42" —44" — 46" —48" —50" —52" —54' —56" — 58'= —60" —62" —64" —66" —68" —70" —72" HOLE NUMBER DATE: 9/12/12 DRILLER: DAKOTA DRILLING EQUIPMENT: SPLIT SPOON TH - 4 LOGGED BY: PETER WAYLAND NOTES: CONTINUOUS 2" CORE STRATIGRAPHY SAMPLE RESULTS DESCRIPTION COLOR III III h III --- 111 =111 111 -III V III- I I—T_I I I I I III — III —III III —I = III= LI—- 11�= 1_II -= III = L -__I ! "' I — III =11 =1 I =1 I SILTY LOAM DARK GREY TH -4 Dieldrin = 1.0 mg/kg CSEV =0.03 mg /k SILTY SAND TAN 5901 W 38TH AVE MW Weiland Inc. S OILS MITIGATION /REMEDIATION PLAN E virUl7/7 ental & E7ng - wering CLIENT: URBAN GREEN DEVELOPMENT I LOCATION. WHEAT RIDGE, CO 4 OF 6 0 -2" - 4" -6" -8" -10' -12' -14' -16' -18" -20' -22' -24" -26" -28" -30" -32" -34'! -36" - 38" -40" - 42" - 44" -46" - 48" -50" -52" -54" -56'! - 58" -60" -62" -64" -66" -68" -70'! -72' HOLE NUMBER DATE: 9/12/12 DRILLER: DAKOTA DRILLING EQUIPMENT: SPLIT SPOON TH - 5 LOGGED BY: PETER WAYLAND NOTES: CONTINUOUS 2" CORE STRATIGRAPHY SAMPLE RESULTS DESCRIPTION COLOR li rl - I- ii 111 =III L —1I a II—I II I Il-1I 111_111 I —1" LEI II - III — III -III —L 111�1�__' III =1 11= -1 I I 11 =1� I I - �� "III __ SILTY LOAM DARK GREY Dieldrin = 0.04 mg /kg CSEV =0.03 m /k SILTY SAND TAN 5901 W 38TH AVE VIF=W �IaadJac� SOILS MITIGATION /REMEDIATION PLAN Environmental & Engineering CLIENT: URBAN GREEN DEVELOPMENT I LOCATION WHEAT RIDGE, CO 5 OF 6 O —4^' —O^ —0^ —1{� —1C' —1D' _^" —22' —24� —2§` —2n" —JO' —J2" —J4" —JO" —38' —4O' —42" —44' —4h'-' —4O" —50" —52" —54" —56" —58" —50" —52" —O4't —O6" —eO" —70" —72" ' HOLE NUMBER DATE: 9/12/12 1 DRILLER: DAKOTA DRILLING I EQUIPMENT: SPLIT SPOON TH-6 LOGGED BY: PETER WAYLAND I NOTES: CONTINUOUS 2" CORE STRATIGRAPHY SAMPLE RESULTS DESCRIPTION COLOR la IlEfEE-:1 I I-- DARK GREY SILTY SAND TAN 5901VV38THAVE SOILS K8|T|GAT|ON/REkAEOIAJ|C}NPLAN CLIENT: URBAN GREEN DEVELOPMENT I LOCATIM WHEAT RIDGE, CO 60F6 e- Hardcopy 2.0 Automated Report ME Mountain States E ACCUTEST L A B O R A T O R I E S Technical Report for Weiland Inc. 5801 W 38th Ave Accutest Job Number: D37618 Sampling Date: 08/16/12 Report to: Weiland Inc. P.O. Box 18087 Boulder, CO 80308 keith @ugddenver.com; pwayland @weilandinc.com TTN: Peter Wayland Total number of pages in report: 30 `o �N �cca Test results contained within this data package meet the requirements Brad Madadian of the National Environmental Laboratory Accreditation Conference Laboratory Director and /or state specific certification programs as applicable. Client Service contact: Shea Greiner 303 - 425 -6021 Certifications: CO, ID, NE, NM, ND (R -027) (PW), UT (NELAP C000049), TX (T 104704511-12-1) This report shall not be reproduced, except in its entirety, without the written approval of Accutest Laboratories. Test results relate only to samples analyzed. Mountain States • 4036 Youngfield St. • Wheat Ridge, CO 80033 -3862 • tel: 303425 -6021 • fax: 303425 -6854 Accutest Laboratories is the sole authority for authorizing edits or modifications to this document. Unauthorized modification of this report is strictly prohibited. http://www.accutest.COM No 1 of 30 N ACCUTEa - r D37618 Table of Contents -1- Section1: Sample Summary .................................................................... ............................... Section Summary of Hits ..................................................................... ............................... Section Sample Results ......................................................................... ............................... 3 .1: D37618 -1. TH -1 ............................................................................ ............................... 3 .2: D37618 -2: TH -2 ............................................................................ ............................... 3 .3: D37618 -3: TH -3 ............................................................................ ............................... Section4: Misc. Forms ............................................................................. ............................... 4 .1: Chain of Custody ............................................................................ ............................... Section 5: GUMS Semi- volatiles - QC Data Summaries ...................... ............................... 5 .1: Method Blank Summary ................................................................. ............................... 5 .2: Blank Spike Summary .................................................................... ............................... 5.3: Matrix Spike /Matrix Spike Duplicate Summary ............................ ............................... Section 6: GC Semi- volatiles - QC Data Summaries ............................. ............................... 6 .1: Method Blank Summary ................................................................. ............................... 6 .2: Blank Spike Summary .................................................................... ............................... 6.3: Matrix Spike /Matrix Spike Duplicate Summary ............................ ............................... Sections: 3 6 7 10 14 17 18 20 21 22 23 24 25 27 29 D D D D 0 D s■ 2 of 30 w AOCUTEST. D37618 "... ..I.. F-L Accutest Laboratories Sample Summary Weiland Inc. 5801 W 38th Ave Job No: D37618 Sample Collected Matrix Client Number Date Time By Received Code Type Sample 11) D37618 -1 08/16/12 10:15 PW 08/16/12 SO Soil TH -I D37618 -2 08/16/12 10:20 PW 08/16/12 SO Soil TH -2 D37618 -3 08/16/12 10:25 PW 08/16/12 SO Soil TH -3 Soil samples reported on a dry weight basis unless otherwise indicated on result page. 1 3 of 30 ACCU 037618 ••` "• "• •• Summary of Hits Job Number: D37618 Account: Weiland Inc. Project: 5801 W 38th Ave Collected: 08/16/12 Page 1 of 2 Lab Sample ID Client Sample ID Result/ Analyte Qual RL MDL Units Method D37618 -1 TH -1 Aldrin 5.6 0.69 0.34 ug /kg SW846 8081A alpha- Chlordane 9.3 0.69 0.34 ug /kg SW846 8081 A gamma- Chlordane 11.1 0.69 0.34 ug /kg SW8468081A alpha -BHC 1.2 0.69 0.34 u-/kg SW846 8081A beta -BHC 7.3 0.69 0.34 ug /kg SW8468081A delta -BHC 1.5 0.69 0.34 ug /kg SW8468081A gamma -BHC (Lindane) 3.5 0.69 0.34 ug /kg SW846 8081A Dieldrina 383 14 6.9 ug /kg SW846808]A 4,4' -DDD a 65.6 14 6.9 ug /kg SW846 8081A 4,4' -DDE a 1060 14 6.9 ug /kg SW846 8081 A 4,4' -DlTa 929 14 6.9 ug /kg SW8468081A Endrin 3.4 0.69 0.34 ug /kg SW8468081A Endosulfan sulfate 4.2 0.69 0.34 ug /kg SW8468081A Endrin ketone a 8.4 J 14 6.9 ug /kg SW846 8081 A Endosulfan -I 2.7 0.69 0.34 ug /kg SW8468081A Endosulfan -II 7.1 0.69 0.34 ug / kg SW8468081A D37618 -2 TH -2 Aldrin 20.5 0.70 0.35 u /kg SW8468081A alpha - Chlordane 38.0 0.70 0.35 ug /kg SW8468081A gamma-Chlordane a 152 14 7.0 ug /kg SW8468081A alpha -BHC 3.8 0.70 0.35 ug /kg SW8468081A beta -BHC 6.1 0.70 0.35 ug /kg SW8468081A gamma- BHC(Lindane) 6.0 0.70 0.35 ug /kg SW8468081A Dieldrina 1310 14 7.0 u /kg SW8468081A 4,4' -DDD a 116 14 7.0 ug /kg SW846 8081 A 4,4' -DDE a 1290 14 7.0 ug /kg SW846 8081A 4,4' -DDT 1650 35 17 ug /k SW846 8081A Endrin 16.0 0.70 0.35 ug/kg SW846 8081 A Endosulfan sulfate 6.1 0.70 0.35 110/kg SW846 8081A Endrin ketone a 18.2 14 7.0 ug /kg SW846 8081A Endosulfan -11 6.5 0.70 0.35 ug /k SW846 8081A Heptachlor epoxide 10.8 0.70 0.35 ug /kg SW846 8081 A D37618 -3 TH -3 Aldrin 2.8 0.71 0.35 ug /kg SW846 8081A alpha - Chlordane 6.0 0.71 0.35 ug /kg SW846 8081A gamma - Chlordane 7.4 0.71 0.35 ug /kg SW846 8081A beta -BHC 1.6 0.71 0.35 ug /kg SW846 8081A gamma -BHC (Lindane) 1.2 0.71 0.35 ug /kg SW846 8081 A Dieldrina 188 14 7.1 ug /kg SW8468081A MM 4 of 30 M ACCUTEST. D37618 I..... .... Summary of Hits Job Number: D37618 Account: Weiland Inc. Project: 5801 W 38th Ave Collected: 08/16/12 Page 2 of 2 Lab Sample ID Client Sample ID Result/ Analyte Qua] RL MDL Units Method 4,4' -DDD a 37.8 14 7.1 ug /kg SW846 8081 A 4,4' -DDE a 560 14 7.1 ug /kg SW846 8081A 4,4' -DDT a 562 14 7.1 ug /kg SW846 8081A Endrin 2.2 0.71 0.35 ug /kg SW846 8081A Endosulfan -II 2.0 0.71 0.35 ug /kg SW846 8081A Heptachlor epoxide 1.6 0.71 0.35 ug /kg SW846 8081A 2,4,5 -TP (Silvex) 5.5 J 11 5.3 ug /kg SW846 8151A (a) Elevated reporting limits due to matrix interference. No 5 of 30 N ACCUTEST. D37618 ` ..... - " "' . Mountain States ACCUTES L AC3OR AT ORI LS Sample Results Report of Analysis Section 3 N, _; 6 of 30 w ACCUTEST. D37618 ` " " -1 - Accutest Laboratories Report of Analysis w Page I of' I Tent Sample ID: TH -1 ,ab Sample ID: D37618-1 Date Sampled: 08/16/12 4atrix: SO - Soil Date Received: 08/16/12 Rethod: SW846 8270C SW846 3546 Percent Solids: %.7 'roject: 5801 W 38th Ave UG) File ID DF Analyzed By Prep Date Prep Batch Analytical Batch Run #1 3G10723.D 1 08/22/12 DC 08117/12 OP6463 E3G497 Run #2 Initial Weight Final Volume Run #1 30.0 g 1.0 ml Run #2 Organophosphorous Pesticides List CAS No. Compound Result RL MDL Units Q 86 -50 -0 Azinphosmethyl ND 170 34 ug /kg 2921 -88 -2 Chlorpyrifos ND 170 34 ug /kg 62 -73 -7 Dichlorovos ND 170 34 ug /kg 298 -03 -3 Demeton -O ND 49 24 ug /kg 126 -75 -0 Demeton -S ND 100 10 ug /kg 333 -41 -5 Diazinon ND 170 34 ug/kg 60 -51 -5 Dimethoate ND 170 34 ug /kg 298 -04-4 Disulfoton ND 170 34 ug /kg 52 -85 -7 Famphur ND 170 34 ug /kg 13194 -484 Ethoprop ND 170 34 ug /kg 121 -75 -5 Malathion ND 170 34 ug /kg 298 -00 -0 Methyl parathion ND 170 34 ug /kg 56 -38 -2 Parathion ND 170 34 ug /kg 298 -02 -2 Phorate ND 170 34 ug /kg 299 -84-3 Ronnel ND 170 34 ug /kg 22248 -79 -9 Stirofos ND 170 34 ug/kg CAS No. Surrogate Recoveries Run# 1 Run# 2 Limits 367 -12-4 2- Fluorophenol 85% 10 -138% 118 -79 -6 2,4,6- Tribromophenol 85% 10 -156% 4165 -60 -0 Nitrobenzene -d5 94% 10 -193% 321 -60 -8 2- Fluorobiphenyl 87% 20 -138% 1718 -51 -0 Terphenyl -dl4 119% 17 -174% ND = Not detected MDL - Method Detection Limit RL = Reporting Limit E = Indicates value exceeds calibration range J = Indicates an estimated value B = Indicates analyte found in associated method blank N = Indicates presumptive evidence of a compound fn 7 of 30 ACCUTEST. D37618 °° Accutest Laboratories Report of Analysis Page 1 of 1 Client Sample ID: TH -1 Lab Sample ID: D37618 -1 Date Sampled: 08/16/12 Matrix: SO - Soil Date Received: 08/16/12 Method: SW846 8151A SW846 8151A Percent Solids: 96.7 Project: 5801 W 38th Ave File ID DF Analyzed By Prep Date Prep Batch Analytical Batch Run #1 EF16005.13 1 08/21/12 SM 08/21/12 OP6470 GEF607 Run #2 Initial Weight Final Volume Run #1 50.1 g 10.0 ml Run #2 Herbicide List CAS No. Compound 9475 -7 2,4-D 9482 -6 2,4DB 93 -72 -1 2,4,5 -TP (Silvex) 93 -76 -5 2,4,5 -T 75 -99 -0 Dalapon 1918 -00 -9 Dicamba 120 -36 -5 Dichloroprop 88 -85 -7 Dinoseb 93 -65 -2 MCPP 94746 MCPA 100 -02 -7 4Nitrophenol 87 -86 -5 Pentachlorophenol 1918 -02 -1 Picloram CAS No. Surrogate Recoveries 19719 -28 -9 2,4 -DCAA 19719 -28 -9 2,4 -DCAA Result RL MDL Units Q ND 10 7.6 ug /kg ND 10 5.2 ug /kg ND 10 5.2 ug/kg ND 10 5.2 ug /kg ND 10 9.3 ug /kg ND 10 5.2 ug /kg ND 10 5.2 ug /kg ND 10 9.7 ug /kg ND 1000 520 ug /kg ND 1000 520 ug /kg ND 10 5.2 ug /kg ND 10 5.2 ug /kg ND 10 5.2 ug /kg Run# 1 Run# 2 Limits 149% 10-161% 74% 10-161% ND = Not detected MDL - Method Detection Limit RL = Reportin Limit E = Indicates value exceeds calibration range w J = Indicates an estimated value B = Indicates analyte found in associated method blank N = Indicates presumptive evidence of a compound ■O 8 of 30 ACCUTEST. D37618 Accutest Laboratories Report of Analysis PaoeIofI w 15 :lient Sample ID: TH -1 ,ab Sample ID: D37618 -1 Date Sampled: 08/16/12 vlatrix: SO - Soil Date Received: 08/16/12 dethod: SW846 8081A SW846 3546 Percent Solids: 96.7 'roject: 5801 W 38th Ave File ID DF Analyzed By Prep Date Prep Batch Analytical Batch Run #1 EE096064.1) 1 08/23/12 TR 08/21/12 OP6478 GEE502 Run #2 a EE096056.D 20 08/23/12 TR 08/21/12 OP6478 GEE502 Initial Weight Final Volume ;un #1 30.0 g 10.0 :un #2 30.0 g 10.0 Pesticide PPL List CAS No. Compound 309 -00 -2 Aldrin 5103 -71 -9 alpha - Chlordane 5103 -74-2 gamma - Chlordane 319 -846 alpha -BHC 319 -85 -7 beta -BHC 319 -86-8 delta -BHC 58 -89 -9 gamma -BHC (Lindane) 12789 -03 -6 Chlordane 60 -57 -1 Dieldrin 72 -548 4,4' -DDD 72 -55 -9 4,4' -DDE 50 -29 -3 4,4' -DDT 72 -20 -8 Endrin 1031 -07 -8 Endosulfan sulfate 7421 -93-4 Endrin aldehyde 5349470 -5 Endrin ketone 959 -98 -8 Endosulfan -I 33213 -65 -9 Endosulfan -II 76 -44-8 Heptachlor 102457 -3 Heptachlor epoxide 72 -43 -5 Methoxychlor 8001 -35 -2 Toxaphene CAS No. Surrogate Recoveries 877 -09 -8 Tetrachloro -m- xylene 877 -09 -8 Tetrachloro-m- xylene 2051 -243 Decachlorobiphenyl 2051 -243 Decachlorobiphenyl Result RL MDL Units Q 5.6 0.69 0.34 ug /kg 9.3 0.69 0.34 ug /kg 11.1 0.69 0.34 ug /kg 1.2 0.69 0.34 ug /kg 7.3 0.69 0.34 ug /kg 1.5 0.69 0.34 ug /kg 3.5 0.69 0.34 ug /kg ND 17 14 ug /kg 383 b 14 6.9 ug /kg 65.6 b 14 6.9 ug/kg 1060 b 14 6.9 ug /kg 929 b 14 6.9 ug /kg 3.4 0.69 0.34 ug /kg 4.2 0.69 0.34 ug /kg ND 0.69 0.34 ug /kg 8.4 b 14 6.9 u-/kg J 2.7 0.69 0.34 ug /kg 7.1 0.69 0.34 ug /kg ND b 14 6.9 ug /kg ND 0.69 0.34 ug /kg ND b 14 6.9 ug /kg ND 34 24 ug /kg Run# 1 Run# 2 Limits 91% 130% 51 -149% 93% 98% 51 -149% 114% 143% 41 -162% 118% 124% 41 -162% (a) Elevated reporting limits due to matrix interference. (b) Result is from Run# 2 ND = Not detected MDL - Method Detection Limit J = Indicates an estimated value RL = Reporting Limit B = Indicates analyte found in associated method blank E = Indicates value exceeds calibration range N = Indicates presumptive evidence of a compound No 9 of 30 �ACCUTEST D3761a " °" Accutest Laboratories Report of Analysis Client Sample ID: TH -2 Lab Sample ID: D37618 -2 Matrix: SO - Soil Method: SW846 8270C SW846 3546 Project: 5801 W 38th Ave File ID DF Analyzed By Run #1 3G10724.D 1 08/22/12 DC Run #2 35 Page 1 of 1 N Date Sampled: 08/16/12 Date Received: 08/16/12 Percent Solids: 95.7 Prep Date Prep Batch Analytical Batch 08/17/12 OP6463 E3G497 Initial Weight Final Volume Run #1 30.0 g 1.0 ml Run #2 Organophosphorous Pesticides List CAS No. Compound Result RL MDL Units Q 86 -50 -0 Azinphosmethyl ND 170 35 ug /kg 2921 -88 -2 Chlorpyrifos ND 170 35 ug /kg 62 -73 -7 Dichlorovos ND 170 35 ug /kg 298 -03 -3 Demeton -O ND 49 24 ug /kg 126 -75 -0 Demeton -S ND 100 10 ug /kg 33341 -5 Diazinon ND 170 35 ug /kg 60 -51 -5 Dimethoate ND 170 35 ug /kg 298 -044 Disulfoton ND 170 35 ug /kg 52 -85 -7 Famphur ND 170 35 ug /kg 13194 -484 Ethoprop ND 170 35 ug/kg 121 -75 -5 Malathion ND 170 35 ug /kg 298 -00 -0 Methyl parathion ND 170 35 ug /kg 56 -38 -2 Parathion ND 170 35 ug/kg 298 -02 -2 Phorate ND 170 35 ug /kg 299 -84-3 Ronnel ND 170 35 ug /kg 22248 -79 -9 Stirofos ND 170 35 ug /kg CAS No. Surrogate Recoveries Run# l Run# 2 Limits 367 -12-4 2- Fluorophenol 90% 10 -138% 118 -79 -6 2,4,6 - Tribromophenol 83% 10 -156% 4165 -60 -0 Nitrobenzene -d5 102% 10 -193% 321 -60 -8 2- Fluorobiphenyl 92% 20 -138% 1718 -51 -0 Terphenyl -dl4 115% 17 -174% ND = Not detected MDL - Method Detection Limit RL = Reporting Limit E = Indicates value exceeds calibration range J = Indicates an estimated value B = Indicates analyte found in associated method blank N = Indicates presumptive evidence of a compound ■■ 10 of 30 0 ACCUTEST. Accutest Laboratories Report of Analysis Pagc I of I Client Sample ID: TH -2 Lab Sample ID: D37618 -2 Date Sampled: 08/16/12 Matrix: SO - Soil Date Received: 08/16/12 Method: SW846 8151A SW846 8151A Percent Solids: 95.7 Project: 5801 W 38th Ave 10 File ID DF Analyzed By Prep Date Prep Batch Analytical Batch Run #1 EF16006.13 1 08/21/12 SM 08/21/12 OP6470 GEF607 Run #2 5.2 ug /kg Initial Weight Final Volume Run #1 50.1 g 10.0 ml Run #2 Herbicide List CAS No. Compound Result RL MDL Units Q 9475 -7 2,4-D ND 10 7.7 ug /kg 9482 -6 2,4-DB ND 10 5.2 ug /kg 93 -72 -1 2,4,5 -TP (Silvex) ND 10 5.2 u-/kg 93 -76-5 2,4,5 -T ND 10 5.2 ug /kg 75 -99 -0 Dalapon ND 10 9.4 ug /kg 1918 -00 -9 Dicamba ND 10 5.2 ug/kg 120 -36 -5 Dichloroprop ND 10 5.2 ug /kg 88 -85 -7 Dinoseb ND 1() 9.8 u-/k- 93-65-2 MCPP ND 1000 520 ug /kg 94746 MCPA ND 1000 520 ug /kg 100 -02 -7 4- Nitrophenol ND 10 5.2 u0/k- 87-86-5 Pentachlorophenol ND 10 5.2 ug /kg 1918 -02 -1 Picloram ND 10 5.2 ug /kg CAS No. Surrogate Recoveries Run# 1 Run# 2 Limits 19719 -28 -9 2,4 -DCAA 200% a 10-161% 19719 -28 -9 2,4DCAA 75% 10 -161% (a) Outside control limits due to possible matrix interference. ND = Not detected MDL - Method Detection Limit J = Indicates an estimated value RL = Reporting Limit B = Indicates analyte found in associated method blank E = Indicates value exceeds calibration range N = Indicates presumptive evidence of a compound 11 of 30 ACCUTEST D37618 " . Accutest Laboratories Initial Weight Final Volume Report of Analysis 10.0 1nl Page 1 of 2 N at Sample ID: TH -2 10.0 ml Aldrin 20.5 0.70 0.35 ug /kg Sample ID: D37618 -2 5103 -71 -9 alpha - Chlordane 38.0 Date Sampled: 08/16/12 ug /kg rix: SO - Soil gamma- Chlordane 152 b 14 Date Received: 08/16/12 hod: SW846 8081A SW846 3546 3.8 0.70 Percent Solids: 95.7 ect: 5801 W 38th Ave 6.1 0.70 0.35 ug/kg 319 -86 -8 delta -BHC File ID DF Analyzed By Prep Date Prep Batch Analytical Batch 58 -89 -9 #1 EE096066.1) 1 08/23/12 TR 08/21/12 OP6478 GEE502 Chlordane #2 a EE096057.13 20 08/23/12 TR 08/21/12 OP6478 GEE502 1310 b #3 EE096077.D 50 08/23/12 TR 08/21/12 OP6478 GEE503 14 Initial Weight Final Volume :un #1 30.0- 10.0 1nl ,un #2 30.09 10.0 ml Inn #3 30.0 g 10.0 ml Pesticide PPL List CAS No. Compound Result RL MDL Units Q 309 -00 -2 Aldrin 20.5 0.70 0.35 ug /kg 5103 -71 -9 alpha - Chlordane 38.0 0.70 0.35 ug /kg 5103 -74-2 gamma- Chlordane 152 b 14 7.0 ug /kg 319 -84-6 alpha -BHC 3.8 0.70 0.35 ug /kg 319 -85 -7 beta -BHC 6.1 0.70 0.35 ug/kg 319 -86 -8 delta -BHC ND 0.70 0.35 ug /kg 58 -89 -9 gamma -BHC (Lindane) 6.0 0.70 0.35 ug /kg 12789 -03 -6 Chlordane ND 17 14 ug /kg 60 -57 -1 Dieldrin 1310 b 14 7.0 ug /kg 72 -54-8 4,4' -DDD 116 b 14 7.0 ug /kg 72 -55 -9 4,4' -DDE 1290 b 14 7.0 ug /kg 50 -29 -3 4,4' -DDT 1650 c 35 17 ug /kg 72 -20 -8 Endrin 16.0 0.70 0.35 ug /kg 1031 -07 -8 Endosulfan sulfate 6.1 0.70 0.35 ug /kg 7421 -934 Endrin aldehyde ND 0.70 0.35 ug /kg 53494 -70 -5 Endrin ketone 18.2 b 14 7.0 ug /kg 959 -98 -8 Endosulfan -I ND 0.70 0.35 ug /kg 33213 -65 -9 Endosulfan -lI 6.5 0.70 0.35 ug /kg 7644 -8 Heptachlor ND b 14 7.0 ug /kg 1024 -57 -3 Heptachlor epoxide 10.8 0.70 0.35 ug /kg 72 -43 -5 Methoxychlor ND b 14 7.0 ug/kg 8001 -35 -2 Toxaphene ND 35 24 ug /kg CAS No. Surrogate Recoveries Run# 1 Run# 2 Run# 3 Limits 877 -09 -8 Tetrachloro -m- xylene 87% 126% 130% 51 -149% 877 -09 -8 Tetrachloro- m- xylene 88% 101% 108% 51 -149% 2051 -24-3 Decachlorobiphenyl 117% 138% 157% 41 -162% 2051 -24-3 Decachlorobiphenyl 127% 137% 168% d 41 -162% ND = Not detected MDL - Method Detection Limit J = Indicates an estimated value RL = Reporting Limit B = Indicates analyte found in associated method blank E = Indicates value exceeds calibration range N = Indicates presumptive evidence of a compound 1 � 12 of 30 ACCUTE.ST+ D37616 Accutest Laboratories Report of Analysis Page 2 of 2 iv :lient Sample ID: TH -2 .ab Sample ID: D37618 -2 Date Sampled: 08/16/12 Matrix: SO - Soil Date Received: 08/16/12 Method: SW846 8081A SW846 3546 Percent Solids: 95.7 'roject: 5801 W 38th Ave ffa,� Pesticide PPL List CAS No. Compound Result RL MDL Units Q (a) Elevated reporting limits due to matrix interference. (b) Result is from Run# 2 (c) Result is from Run# 3 (d) Outside control limits but within method criteria. ND = Not detected MDL - Method Detection Limit J = Indicates an estimated value RL = Reporting Limit B = Indicates analyte found in associated method blank E = Indicates value exceeds calibration range N = Indicates presumptive evidence of a compound 11110 13 of 30 ACCUTEST. D37616 Accutest Laboratories Report of Analysis Client Sample ID: TH -3 Lab Sample ID: D37618 -3 Matrix: SO - Soil Method: SW846 8270C SW846 3546 Project: 5801 W 38th Ave File ID DF Analyzed By Run #1 3G10720.13 1 08/22/12 DC Run #2 35 Page I of I P Date Sampled: 08/16/12 Date Received: 08/16/12 Percent Solids: 94.1 Prep Date Prep Batch Analytical Batch 08/17/12 OP6463 E3G497 Initial Weight Final Volume Run #1 30.0 g 1.0 ml Run #2 Organophosphorous Pesticides List CAS No. Compound Result RL MDL Units Q 86 -50 -0 Azinphosmethyl ND 180 35 ug /kg 2921 -88 -2 Chlorpyrifos ND 180 35 ug /kg 62 -73 -7 Dichlorovos ND 180 35 ug /kg 298 -03 -3 Demeton -O ND 50 25 ug /kg 126 -75 -0 Demeton -S ND 100 11 ug /kg 333 -41 -5 Diazinon ND 180 35 ug /kg 60 -51 -5 Dimethoate ND 180 35 ug /kg 298 -044 Disulfoton ND 180 35 ug /kg 52 -85 -7 Famphur ND 180 35 ug /kg 13194 -48 -4 Ethoprop ND 180 35 ug /kg 121 -75 -5 Malathion ND 180 35 ug /kg 298 -00 -0 Methyl parathion ND 180 35 ug /kg 56 -38 -2 Parathion ND 180 35 ug /kg 298 -02 -2 Phorate ND 180 35 ug /kg 299 -843 Ronnel ND 180 35 ug /kg 22248 -79 -9 Stirofos ND 180 35 ug /kg CAS No. Surrogate Recoveries Run# 1 Run# 2 Limits 367 -12 -4 2- Fluorophenol 70% 10 -138% 118 -79 -6 2,4,6 - Tribromophenol 70% 10 -156% 4165 -60 -0 Nitrobenzene -d5 83% 10 -193% 321 -60 -8 2- Fluorobiphenyl 72% 20 -138% 1718 -51 -0 Terphenyl -d14 90% 17 -174% ND = Not detected MDL - Method Detection Limit RL = Reporting Limit E = Indicates value exceeds calibration range J = Indicates an estimated value B = Indicates analyte found in associated method blank N = Indicates presumptive evidence of a compound ME 14 of 30 ACCUTEST. D37616 Accutest Laboratories Report of Analysis Page I of 1 W Client Sample ID: TH -3 Lab Sample ID: D37618 -3 Date Sampled: 08/16/12 Matrix: SO - Soil Date Received: 08/16/12 Method: SW846 8151A SW846 8151A Percent Solids: 94.1 Project: 5801 W 38th Ave 1� File ID DF Analyzed By Prep Date Prep Batch Analytical Batch Run #1 EF16007.1) 1 08/21/12 SM 08/21/12 OP6470 GEF607 Run #2 Initial Weight Final Volume Run #1 50.0 g 10.0 ml Run #2 Herbicide List CAS No. Compound Result RL MDL Units Q 94 -75 -7 2,4-D ND 11 7.9 ug /kg 94 -82 -6 2,4-DB ND 11 5.3 ug /kg 93 -72 -1 2,4,5 -TP (Silvex) 5.5 II 5.3 ug /kg J 93 -76 -5 2,4,5 -T ND II 5.3 ug /kg 75 -99 -0 Dalapon ND II 9.6 ug /kg 1918 -00 -9 Dicamba ND II 5.3 ug /kg 120 -36 -5 Dichloroprop ND II 5.3 ug/kg 88 -85 -7 Dinoseb ND II 10 ug /kg 93 -65 -2 MCPP ND 1100 530 ug /kg 9474 -6 MCPA ND 1100 530 ug /kg 100 -02 -7 4- Nitrophenol ND 11 5.3 ug /kg 87 -86 -5 Pentachlorophenol ND II 5.3 ug /kg 1918 -02 -1 Picloram ND II 5.3 ug /kg CAS No. Surrogate Recoveries Run# 1 Run# 2 Limits 19719 -28 -9 2,4 -DCAA 208% a 10-161% 19719 -28 -9 2,4 -DCAA 81% 10 -161% (a) Outside control limits due to possible matrix interference. Results reported from column 2. ND = Not detected MDL - Method Detection Limit RL = Reporting Limit E = Indicates value exceeds calibration range J = Indicates an estimated value B = Indicates analyte found in associated method blank N = Indicates presumptive evidence of a compound En 15 of 30 w ACCLJTEST. D37618 Accutest Laboratories Report of Analysis Pare 1 of 1 W Client Sample ID: TH -3 Lab Sample ID: D37618 -3 Date Sampled: 08/16/12 Matrix: SO - Soil Date Received: 08/16/12 Method: SW846 8081A SW846 3546 Percent Solids: 94.1 Proiect: 5801 W 38th Ave File ID DF Analyzed By Prep Date Prep Batch Analytical Batch Run #1 EE096068.1) 1 08/23/12 TR 08/21/12 OP6478 GEE502 Run #2 a EE096058.13 20 08/23/12 TR 08/21/12 OP6478 GEE502 Initial Weight Final Volume .un #1 30.0 g 10.0 ml .un #2 30.0 g 10.0 ml Pesticide PPL List CAS No. Compound Result RL MDL Units Q 309 -00 -2 Aldrin 2.8 0.71 0.35 ug /kg 5103 -71 -9 alpha- Chlordane 6.0 0.71 0.35 ug /kg 5103 -74-2 gamma- Chlordane 7.4 0.71 0.35 ug /kg 319 -84-6 alpha -BHC ND 0.71 0.35 ug /kg 319 -85 -7 beta -BHC 1.6 0.71 0.35 u-/k- 319-86-8 delta -BHC ND 0.71 0.35 u-/k- 58-89-9 gamma -BHC (Lindane) 1.2 0.71 0.35 ug /kg 12789 -03 -6 Chlordane ND 18 14 ug /kg 60 -57 -1 Dieldrin 188 b 14 7.1 ug /kg 72 -54-8 4,4' -DDD 37.8 b 14 7.1 ug /kg 72 -55 -9 4,4' -DDE 560 b 14 7.1 ug /kg 50 -29 -3 4,4' -DDT 562 b 14 7.1 ug /kg 72 -20 -8 Endrin 2.2 0.71 0.35 ug /kg 1031 -07 -8 Endosulfan sulfate ND 0.71 0.35 ug /kg 7421 -93-4 Endrin aldehyde ND 0.71 0.35 ug /kg 5349470 -5 Endrin ketone ND 0.71 0.35 ug /kg 959 -98 -8 Endosulfan -I ND 0.71 0.35 ug /kg 33213 -65 -9 Endosulfan -II 2.0 0.71 0.35 ug /kg 76 -44-8 Heptachlor ND b 14 7.1 ug /kg 102457 -3 Heptachlor epoxide 1.6 0.71 0.35 ug /kg 72 -43 -5 Methoxychlor ND b 14 7.1 u-/kg 8001 -35 -2 Toxaphene ND 35 25 u-/kg CAS No. Surrogate Recoveries Run# 1 Run# 2 Limits 877 -09 -8 Tetrachloro -m- xylene 75% 127% 51 -149% 877 -09 -8 Tetrachloro -m- xylene 80% 98% 51 -149% 2051 -243 Decachlorobiphenyl 95% 156% 41 -162% 2051 -243 Decachlorobiphenyl 130% 139% 41 -162% (a) Elevated reporting limits due to matrix interference. (b) Result is from Run# 2 ND = Not detected MDL - Method Detection Limit J = Indicates an estimated value RL = Reporting Limit B = Indicates analyte found in associated method blank E = Indicates value exceeds calibration range N = Indicates presumptive evidence of a compound 16 of 30 C ACCUTEST, D37618 EN Mountain States E ACCUTEST L A B O R A T O R I E S Section 4 D Misc. Forms Custody Documents and Other Forms Includes the following where applicable: • Chain of Custody - E■ 17 of 30 N A000 D37618 '.' ° °. °° �� is�in��tr � 0£ @1■ D v Z 3o t a2rd Apo)snD jo uit q3 :819L£Q 1 Peu°J +i.O.AM � Y3�Ob d0 l M)Vd 1109 - MS9C XVd ■ ■ ■ A. ■ O P I N f) l tl tl O B O l , } AUO,Lsa3 30 NtdH:) 77.0 tiPJl� ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■■ ■ ■ ■�� ■ ■n■■■■■■■■■r� ■ . . MINE =■■■■■■■■■■■■■ ' �� ■ ■ ■ ■ ■i ■ ■r�ii ■ ■ ■ ■ ■ ■ ■■ ■iii ■cv - ■N �� ■ ■ ■ ■ ■ ■ ■i�I.� ■ ■ ■ ■ ■ ■ ■ ■ ■ ■Vi�Gi1 T MINE! t� ■ ■ ■ ■ ■ ■ ■ ■ ■ ■/.1 ■ ■ ■ ■ ■ ■ ■■ ■Ott ©�iil ®�li�� 0 1 Peu°J +i.O.AM � Y3�Ob d0 l M)Vd 1109 - MS9C XVd IrOZ(i "s I7099D {0('272 00001 ✓J'APItl �N.11 �°S M'Up" "OA 9C0f O P I N f) l tl tl O B O l isE3 I nnnd ■ AUO,Lsa3 30 NtdH:) 77.0 ■® ink CCUTEST Accutest Laboratories Sample Receipt Summary e Accutest Job Number: D37618 Client: WEILAND Date /Time Received: 8/16/2012 11:11:00 AM No. Coolers: 1 Project: 5801 Cooler Security Y or N Y or N 1. Custody Seals Present 0 ❑ 3. COC Present: 0 ❑ 2 Custody Seals Intact: 0 ❑ 4. Smpl Dates/Time OK ® ❑ Cooler Temperature Y or N 1 Temp criteria achieved 0 ❑ 2 Cooler temp verification Infared gun 3. Cooler media. Ice (bag) Quality Control Preservation Y or N WA 1. Trip Blank present/ cooler ❑ ❑ 2. Trip Blank listed on COC ❑ ❑ 3. Samples preserved properly ® ❑ 4. VOCs headspace free ❑ ❑ 0 Comments Accutest Leborstodfes v:(303) 425-0021 Immediate Client Services Action Required: No Client Service Action Required at Login: No Airbill i's: HD Sample Intearity - Documentation Y or N • ❑ • ❑ 0 ❑ Y or N 0 ❑ 0 ❑ I ntact Y or N WA ® ❑ El 62 F- ❑ F1 ❑ e ❑ ❑ 0 A 1. Sample labels present on bottles. 2 Container labeling complete: 3. Sample container label / COC agree Sample Integrity - Condition 1. Sample recvd within HT: 2. All containers accounted for 3. Condition of sample: Sample Integrity - Instructions 1. Analysis requested is clear 2. Bottles received for unspecified tests 3. Sufficient volume recd for analysis: 4. Compositing instructions clear. 5. Filtering instruct clear. 4036 Younglie10 Street F: (303) 4256654 Meet Ridge, CO v- 18ccubstcom D37618: Chain of Custody Page 2 of 2 19 of 30 ACCUTEST. D37618 EN Mountain States U ACCUTEST L A B O R A T O R I E S GC/MS Semi - volatiles QC Data Summaries Includes the following where applicable: • Method Blank Summaries • Blank Spike Summaries • Matrix Spike and Duplicate Summaries Section 5 [(7-n 100 20 of 30 E ACCUTEST. D37618 `. ° ° °.' ° ° "' Method Blank Summary Job Number: D37618 Account: WEIICOB Weiland Inc. Project: 5801 W 38th Ave Page 1 of 1 Sample File ID DF Analyzed By Prep Date Prep Batch Analytical Batch OP6463 -MB 3G 10718.D 1 08/22/12 DC 08/17/12 OP6463 E3G497 The QC reported here applies to the following samples: Method: SW846 82700 D37618 -1, D37618 -2, D37618 -3 CAS No. Compound Result RL MDL Units Q 86 -50 -0 Azinphosmethyl ND 170 33 ug /kg 2921 -88 -2 Chlorpyrifos ND 170 33 ug/kg 62 -73 -7 Dichlorovos ND 170 33 ug /kg 298 -03 -3 Demeton -O ND 47 23 ug /kg 126 -75 -0 Demeton -S ND 97 10 ug /kg 333 -41 -5 Diazinon ND 170 33 ug /kg 60 -51 -5 Dimethoate ND 170 33 ug /kg 298 -04-4 Disulfoton ND 170 33 ug /kg 52 -85 -7 Famphur ND 170 33 ug /kg 131.94 -484 Ethoprop ND 170 33 ug /kg 121 -75 -5 Malathion ND 170 33 ug /kg 298 -00 -0 Methyl parathion ND 170 33 ug /kg 56 -38 -2 Parathion ND 170 33 ug /kg 298 -02 -2 Phorate ND 170 33 ug /kg 299 -84-3 Ronnel ND 170 33 ug /kg 22248 -79 -9 Stirofos ND 170 33 ug /kg CAS No. Surrogate Recoveries Limits 367 -12-4 2- Fluorophenol 99% 10 -138% 118 -79 -6 2,4,6- Tribromophenol 95% 10 -156% 4165 -60 -0 Nitrobenzene -d5 101% 10 -193% 321 -60 -8 2- Fluorobiphenyl 89% 20 -138% 1718 -51 -0 Terphenyl -dl4 118% 17 -174% w J on 21 of 30 a ACCU D37618 " .... I - Blank Spike Summary Job Number: D37618 Account: WEIICOB Weiland Inc. Project: 5801 W 38th Ave Page 1 of I Sample File ID DF Analyzed By Prep Date Prep Batch Analytical Batch OP6463 -BS 3G 1 0719. D 1 08/22/12 DC 08/17/12 OP6463 E3G497 The QC reported here applies to the following samples: D37618 -1, D37618 -2, D37618 -3 * = Outside of Control Limits. Method: SW846 8270C w N s■ 22 of 30 E ACCU D37618 ` "' °" iOP1eB Spike BSP BSP CAS No. Compound ug/kg ug/kg % Limits 86 -50 -0 Azinphosmethyl 1670 1440 86 70 -130 2921 -88 -2 Chlorpyrifos 1670 1460 88 70 -130 62 -73 -7 Dichlorovos 1670 1310 79 70 -130 298 -03 -3 Demeton -O 1160 1140 98 70 -130 126 -75 -0 Demeton -S 503 421 84 70 -130 333 -41 -5 Diazinon 1670 1380 83 70 -130 60 -51 -5 Dimethoate 1670 1730 104 50 -150 298 -04-4 Disulfoton 1670 1650 99 70 -130 52 -85 -7 Famphur 1670 1600 96 70 -130 13194 -48 -4 Ethoprop 1670 1380 83 70 -130 121 -75 -5 Malathion 1670 2000 120 70 -130 298 -00 -0 Methyl parathion 1670 1700 102 70 -130 56 -38 -2 Parathion 1670 1360 82 70 -130 298 -02 -2 Phorate 1670 1730 104 70 -130 299 -84-3 Ronnel 1670 1740 104 70 -130 22248 -79 -9 Stirofos 1670 1550 93 70 -130 CAS No. Surrogate Recoveries BSP Limits 367 -12 -4 2- Fluorophenol 90% 10 -138% 118 -79 -6 2,4,6- Tribromophenol 94% 10 -156% 4165 -60 -0 Nitrobenzene -d5 90% 10 -193% 321 -60 -8 2- Fluorobiphenyl 80% 20 -138% 1718 -51 -0 Terphenyl -d14 105% 17 -174% * = Outside of Control Limits. Method: SW846 8270C w N s■ 22 of 30 E ACCU D37618 ` "' °" iOP1eB Matrix Spike /Matrix Spike Duplicate Summary Page I of I Job Number: D37618 Account: WEIICOB Weiland Inc. Project: 5801 W 38th Ave ample File ID DF Analyzed By Prep Date Prep Batch Analytical Batct )P6463 -MS 3G 10721.13 1 08/22/12 DC 08/17/12 OP6463 E3G497 )P6463 -MSD 3G 10722.13 1 08/22/12 DC 08/17/12 OP6463 E3G497 )37618 -3 3G 10720. D 1 08/22/12 DC 08/17/12 OP6463 E3G497 The QC reported here applies to the following samples: D37618 -1, D37618 -2, D37618 -3 Method: SW846 8270C * = Outside of Control Limits. rn W 1 so 23 of 30 E ACCUTEST. D37618 " .... I - D37618 -3 Spike MS MS MSD MSD Limits CAS No. Compound ug/kg Q ug/kg ug/kg % ug/kg % RPD Rec/RPD 86 -50 -0 Azinphosmethyl ND 1770 1780 101 1260 71 34* a 70- 130/30 2921 -88 -2 Chlorpyrifos ND 1770 1540 87 1280 72 18 70- 130/30 62 -73 -7 Dichlorovos ND 1770 1670 94 1480 84 12 70- 130/30 298 -03 -3 Demeton -O ND 1240 1270 103 1040 84 20 70- 130/30 126 -75 -0 Demeton -S ND 534 681 127 659 123 3 70- 130/30 33341 -5 Diazinon ND 1770 1700 96 3540 200* b 70* a 70- 130/30 60 -51 -5 Dimethoate ND 1770 1860 105 1610 91 14 50- 150/30 298 -04 -4 Disulfoton ND 1770 1940 110 1620 92 18 50- 150/30 52 -85 -7 Famphur ND 1770 1680 95 1350 76 22 50- 150/30 13194 -48 -4 Ethoprop ND 1770 1500 85 1260 71 17 70- 130/30 121 -75 -5 Malathion ND 1770 2100 119 1810 102 15 70- 130/30 298 -00 -0 Methyl parathion ND 1770 1760 99 1500 85 16 70- 130/30 56 -38 -2 Parathion ND 1770 1300 73 1140 64* b 13 70- 130/30 298 -02 -2 Phorate ND 1770 2190 124 1830 103 18 50- 150/30 299 -84-3 Ronnel ND 1770 1860 105 1580 89 16 70- 130/30 22248 -79 -9 Stirofos ND 1770 1740 98 1510 85 14 70- 130/30 CAS No. Surrogate Recoveries MS MSD D37618 -3 Limits 367 -12 -4 2- Fluorophenol 79% 68% 70% 10 -138% 118 -79 -6 2,4,6- 7'ribromophenol 75% 67% 70% 10 -156% 4165 -60 -0 Nitrobenzene -d5 93% 79% 83% 10 -193% 321 -60 -8 2- Fluorobiphenyl 83% 70% 72% 20 -138% 1718 -51 -0 Terphenyl -d 14 98% 88% 90% 17 -174% (a) Variability of recovery may be due to sample matrix /homogeneity. (b) Outside control limits due to possible matrix interference. * = Outside of Control Limits. rn W 1 so 23 of 30 E ACCUTEST. D37618 " .... I - 00 Mountain States W ACCUTEST L A 0 0"AT O R I E 5 GC Semi - volatiles Section 6 QC Data Summaries Includes the following where applicable: • Method Blank Summaries • Blank Spike Summaries • Matrix Spike and Duplicate Summaries M® 24 of 30 N ACCLJTEST. D37618 `"' ° °'� ° °��' Method Blank Summary Job Number: D37618 Account: WEIICOB Weiland Inc. Project: 5801 W 38th Ave Page 1 of 1 Sample File ID DF Analyzed By Prep Date Prep Batch Analytical Batch OP6470 -MB EF16001.1) 1 08/21/12 SM 08/21/12 OP6470 GEF607 The QC reported here applies to the following samples: Method: SW846 8151A D37618 -1, D37618 -2, D37618 -3 CAS No. Compound Result RL MDL Units Q 94 -75 -7 2,4-D ND 10 7.4 ug /kg 94 -82 -6 2,4-1313 ND 10 5.0 ug /kg 93 -72 -1 2,4,5 -TP (Silvex) ND 10 5.0 ug /kg 93 -76 -5 2,4,5 -T ND 10 5.0 ug /kg 75 -99 -0 Dalapon ND 10 9.0 ug /kg 1918 -00 -9 Dicamba ND 10 5.0 u /kg 120 -36 -5 Dichloroprop ND 10 5.0 ug /kg 88 -85 -7 Dinoseb ND 10 9.4 ug /kg 93 -65 -2 MCPP ND 1000 500 u-/k- 94-74-6 MCPA ND 1000 500 ug /kg 100 -02 -7 4- Nitrophenol ND 10 5.0 u-/k- 87-86-5 Pentachlorophenol ND 10 5.0 ug /kg 1918 -02 -1 Picloram ND 10 5.0 u-/kg CAS No. Surrogate Recoveries Limits 19719 -28 -9 2,4 -DCAA 92% 10-161% 19719 -28 -9 2,4 -DCAA 93% 10-161% rn 1 ..i M■ 25 of 30 M ACCUTEST. D37618 I..... - Method Blank Summary Job Number: D37618 Account: WEIICOB Weiland Inc. Project: 5801 W 38th Ave Page 1 of 1 Sample File ID DF Analyzed By Prep Date Prep Batch Analytical Batch )P6478 -MB EE096052.D 1 08/23/12 TR 08/21/12 OP6478 GEE502 The QC reported here applies to the following samples: Method: SW846 8081A D37618 -1, D37618 -2, D37618 -3 CAS No. Compound Result RL MDL Units Q 309 -00 -2 Aldrin ND 0.67 0.33 ug /kg 5103 -71 -9 alpha - Chlordane ND 0.67 0.33 ug /kg 5103 -74 -2 gamma- Chlordane ND 0.67 0.33 ug /kg 319 -84-6 alpha -BHC ND 0.67 0.33 ug /kg 319 -85 -7 beta -BHC ND 0.67 0.33 ug /kg 319 -86 -8 delta -BHC ND 0.67 0.33 ug /kg 58 -89 -9 gamma -BHC (Lindane) ND 0.67 0.33 ug /kg 12789 -03 -6 Chlordane ND 17 13 ug /kg 60 -57 -1 Dieldrin ND 0.67 0.33 ug /kg 72 -54 -8 4,4' -DDD ND 0.67 0.33 ug /kg 72 -55 -9 4,4' -DDE ND 0.67 0.33 ug /kg 50 -29 -3 4,4' -DDT ND 0.67 0.33 ug /kg 72 -20 -8 Endrin ND 0.67 0.33 ug /kg 1031 -07 -8 Endosulfan sulfate ND 0.67 0.33 ug /kg 7421 -93 -4 Endrin aldehyde ND 0.67 0.33 u-/kg 53494 -70 -5 Endrin ketone ND 0.67 0.33 ug /kg 959 -98 -8 Endosulfan -I ND 0.67 0.33 ug /kg 33213 -65 -9 Endosulfan -11 ND 0.67 0.33 ug /kg 76 -44 -8 Heptachlor ND 0.67 0.33 ug /kg 1024 -57 -3 Heptachlor epoxide ND 0.67 0.33 ug /kg 72 -43 -5 Methoxychlor ND 0.67 0.33 ug /kg 8001 -35 -2 Toxaphene ND 33 23 ug /kg CAS No. Surrogate Recoveries Limits 877 -09 -8 Tetrachloro -m- xylene 103% 51 -149% 877 -09 -8 Tetrachloro -m- xylene 93% 51 -149% 2051 -24 -3 Decachlorobiphenyl 101% 41 -162% 2051 -24 -3 Decachlorobiphenyl 95% 41 -162% rn N so 26 of 30 E ACCUTEST. D37618 "' ° " "° ° "° Blank Spike Summary Job Number: D37618 Account: WEIICOB Weiland Inc. Project: 5801 W 38th Ave Page I of ample File ID DF Analyzed By Prep Date Prep Batch Analytical Batct )P6470 -BS EF 16002. D 1 08/21/12 SM 08/21/12 OP6470 GEF607 The QC reported here applies to the following samples: D37618 -1, D37618 -2, D37618 -3 CAS No. Surrogate Recoveries 19719 -28 -9 2,4 -DCAA 19719 -28 -9 2,4 -DCAA * = Outside of Control Limits. BSP Limits Spike BSP BSP 10 -161% CAS No. Compound ug/kg ug/kg % Limits 94 -75 -7 2,4-D 60 68.3 114 44 -135 94 -82 -6 2,4 -1313 60 70.3 117 43 -143 93 -72 -1 2,4,5 -TP (Silvex) 60 58.8 98 48 -135 93 -76 -5 2,4,5 -T 60 64.0 107 43 -130 75 -99 -0 Dalapon 60 47.2 79 14 -135 1918 -00 -9 Dicamba 60 58.9 98 53 -130 120 -36 -5 Dichloroprop 60 66.0 110 34 -141 88 -85 -7 Dinoseb 60 57.4 96 10 -130 93 -65 -2 MCPP 6000 5090 85 39 -134 94 -74 -6 MCPA 6000 4980 83 43 -130 100 -02 -7 4- Nitrophenol 60 61.9 103 39 -130 87 -86 -5 Pentachlorophenol 60 58.2 97 56 -133 1918 -02 -1 Picloram 60 58.1 97 20 -130 CAS No. Surrogate Recoveries 19719 -28 -9 2,4 -DCAA 19719 -28 -9 2,4 -DCAA * = Outside of Control Limits. BSP Limits 99% 10-161% 95% 10 -161% Method: SW846 8151A o> N J ■■ 27 of 30 a ^MMUTE8T. D37618 "' ° ° " ° " "' Blank Spike Summary Job Number: D37618 Account: WEIICOB Weiland Inc. Project: 5801 W 38th Ave Page 1 of I ;ample File ID DF Analyzed By Prep Date Prep Batch Analytical Batct )P6478 -BS EE096053.13 1 08/23/12 TR 08/21 /12 OP6478 GEE502 The QC reported here applies to the following samples: Method: SW846 8081A D37618 -1, D37618 -2, D37618 -3 CAS No. Compound 309 -00 -2 Aldrin 5103 -71 -9 alpha- Chlordane 5103 -74-2 gamma- Chlordane 319 -84-6 alpha -BHC 319 -85 -7 beta -BHC 319 -86 -8 delta -BHC 58 -89 -9 gamma -BHC (Lindane) 60 -57 -1 Dieldrin 72 -54-8 4,4' -DDD 72 -55 -9 4,4' -DDE 50 -29 -3 4,4!-DDT 72 -20 -8 Endrin 1031 -07 -8 Endosulfan sulfate 7421 -934 Endrin aldehyde 53494 -70 -5 Endrin ketone 959 -98 -8 Endosulfan-I 33213 -65 -9 Endosulfan-II 7644 -8 Heptachlor 1024 -57 -3 Heptachlor epoxide 7243 -5 Methoxychlor CAS No. Surrogate Recoveries 877 -09 -8 Tetrachloro -m- xylene 877 -09 -8 Tetrachloro -m- xylene 2051 -24-3 Decachlorobiphenyl 2051 -243 Decachlorobiphenyl Spike BSP BSP ug/kg ug/kg % Limits 26.7 25.4 95 59 -135 26.7 24.9 93 56 -137 26.7 25.3 95 57 -139 26.7 23.3 87 57 -142 26.7 25.4 95 57 -147 26.7 23.9 90 55 -148 26.7 24.4 92 56 -142 26.7 26.3 99 55 -136 26.7 25.9 97 56 -139 26.7 26.2 98 55 -140 26.7 22.4 84 50 -146 26.7 21.0 79 48 -143 26.7 26.9 101 56 -143 26.7 23.9 90 29 -176 26.7 26.0 98 62 -139 26.7 26.3 99 49 -136 26.7 27.2 102 55 -134 26.7 25.8 97 59 -141 26.7 26.2 98 59 -138 26.7 23.2 87 56 -148 BSP Limits 98% 51 -149% 93% 51 -149% 98% 41 -162% 92% 41 -162% * = Outside of Control Limits. 1 0 28 of 30 ACCUTEST. W7618 1 ....I - Matrix Spike /Matrix Spike Duplicate Summary Page I of I Job Number: D37618 Account: WEIICOB Weiland Inc. Project: 5801 W 38th Ave Sample File ID DF Analyzed By Prep Date Prep Batch Analytical Batch OP6470 -MS EF16003.1) 1 08/21/12 SM 08/21/12 OP6470 GEF607 OP6470 -MSD EF16004.1) 1 08/21/12 SM 08/21/12 OP6470 GEF607 D37618 -1 EF 16005.13 1 08/21/12 SM 08/21/12 OP6470 GEF607 The QC reported here applies to the following samples: D37618 -1, D37618 -2, D37618 -3 Method: SW846 8151A * = Outside of Control Limits. rn w No 29 of 30 E ACCUTEST. D37618 -1 Spike MS MS MSD MSD Limits CAS No. Compound ug/kg Q ug/kg ug/kg % ug/kg % RPD Rec/RPD 94 -75 -7 2,4 -D ND 62 50.0 81 52.0 84 4 10- 189/30 94 -82 -6 2,4-DB ND 62 52.2 84 53.9 87 3 10- 161/30 93 -72 -1 2,4,5 -TP (Silvex) ND 62 48.5 78 37.8 61 1 10- 145/30 93 -76 -5 2,4,5 =r ND 62 49.6 80 51.1 82 3 10- 134/30 75 -99 -0 Dalapon ND 62 47.3 76 43.3 70 9 10- 200/30 1918 -00 -9 Dicamba ND 62 46.5 75 45.0 73 3 10- 183/30 120 -36 -5 Dichloroprop ND 62 51.9 84 54.4 88 5 10- 143/30 88 -85 -7 Dinoseb ND 62 58.2 94 63.4 102 9 10- 155/30 93 -65 -2 MCPP ND 6200 6000 97 6140 99 2 10- 130/30 9474 -6 MCPA ND 6200 3310 53 3320 54 0 10- 130/30 100 -02 -7 4- Nitrophenol ND 62 46.5 75 46.0 74 1 10- 161/30 87 -86 -5 Pentachlorophenol ND 62 76.9 124 82.3 133* a 7 10- 130/30 1918 -02 -1 Picloram ND 62 53.9 87 51.4 83 5 10- 130/30 CAS No. Surrogate Recoveries MS MSD D37618 -1 Limits 19719 -28 -9 2,4 -DCAA 161% 171%* a 149% 10-161% 19719 -28 -9 2,4 -DCAA 85% 89% 74% 10-161% (a) Outside control limits due to possible matrix interference. * = Outside of Control Limits. rn w No 29 of 30 E ACCUTEST. Matrix Spike/Matrix Spike Duplicate Summary Page 1 of 1 Job Number: D37618 Account: WEIICOB Weiland Inc. Project: 5801 W 38th Ave Sample File ID DF Analyzed By Prep Date Prep Batch Analytical Batch DP6478 -MS a EE096054.13 20 08/23/12 TR 08/21/12 OP6478 GEE502 DP6478 -MSD a EE096055.13 20 08/23/12 TR 08/21/12 OP6478 GEE502 D37618 -1 EE096064.D 1 08/23/12 TR 08/21/12 OP6478 GEE502 D37618 -1 b EE096056.13 20 08/23/12 TR 08/21/12 OP6478 GEE502 The QC reported here applies to the following samples: D37618 -1, D37618 -2, D37618 -3 CAS No. Compound D37618 -1 Spike MS MS ug/kg Q ug/kg ug/kg % Method: SW846 8081A MSD MSD Limits ug/kg % RPD Rec /RPD 309 -00 -2 Aldrin 5.6 27.5 36.7 106 36.7 106 0 23- 171/30 5103 -71 -9 alpha- Chlordane 9.3 27.5 41.6 151 39.1 142 6 24173/30 5103 -742 gamma- Chlordane 11.1 27.5 39.9 106 41.0 110 3 25- 170/30 319 -846 alpha -BHC 1.2 27.5 27.9 101 27.5 100 1 10- 184/30 319 -85 -7 beta -BHC 7.3 27.5 41.6 121 39.6 114 5 20- 183/30 319 -86 -8 delta -BHC 1.5 27.5 30.6 111 31.1 113 2 10- 200/30 58 -89 -9 gamma -BHC (Lindane) 3.5 27.5 31.2 113 31.3 114 0 22- 170/30 60 -57 -1 Dieldrin 383 c 27.5 409 94 411 102 0 10- 186/30 72 -548 4,4' -DDD 65.6 c 27.5 91.0 92 97.7 117 7 26- 166/30 72 -55 -9 4,4' -DDE 1060 c 27.5 1100 145 1100 145 0 19- 172/30 50 -29 -3 4,4!-DDT 929 c 27.5 990 221* d 1070 512* d 8 29- 156/30 72 -20 -8 Endrin 3.4 27.5 28.0 102 32.5 118 15 21- 172/30 1031 -07 -8 Endosulfan sulfate 4.2 27.5 38.6 140 38.3 139 1 14175/30 7421 -934 Endrin aldehyde ND 27.5 38.4 139 31.7 115 19 10- 196130 5349470 -5 Endrin ketone 8.4 c J 27.5 37.7 137 37.6 136 0 34160/30 959 -98 -8 Endosulfan-I 2.7 27.5 34.5 125 35.0 127 1 10- 177/30 33213 -65 -9 Endosulfan-11 7.1 27.5 36.6 133 35.5 129 3 10- 177/30 76 -44-8 Heptachlor ND c 27.5 30.3 110 31.2 113 3 29- 169/30 1024 -57 -3 Heptachlor epoxide ND 27.5 37.0 134 32.8 119 12 18- 176/30 72 -43 -5 Methoxychlor ND o 27.5 49.0 178 48.5 176 1 22- 183/30 CAS No. Surrogate Recoveries MS MSD D37618 -1 D37618 -1 Limits 877 -09 -8 Tetrachloro -m- xylene 136% 129% 91% 130% 51 -149% 877 -09 -8 Tetrachloro -m- xylene 108% 97% 93% 98% 51 - 149% 2051 - 243 Decachlorobiphenyl 168 % a 157% 114 143% 41 - 162% 2051 -243 Decachlorobiphenyl 145% 132% 118% 124% 41 -162% (a) Elevated reporting limit due to interference in solvent. (b) Elevated reporting limits due to matrix interference. (c) Result is from Run #2. (d) Outside control limits due to high level in sample relative to spike amount. (e) Outside control limit but within method criteria. * = Outside of Control Limits. rn w i� ME 30 of 30 E ACCUTEST D37618 , " ..11 r,., - e- Hardcopy 2.0 Automated Report .M Mountain States U ACCUTEST L A 0 0 R A T 0 R I E S Technical Report for Weiland Inc. 5801 W 38th Ave Accutest Job Number: D38640 ` - k Sampling Date: 09/12/12 Report to: Weiland Inc. P.O. Box 18087 Boulder, CO 80308 keith @ugddenver.com; pwayland@weilandinc.com ATTN: Peter Wayland Total number of pages in report: 26 E� r,N ACCOR Test results contained within this data package meet the requirements / Brad Madadian of the National Environmental Laboratory Accreditation Conference Laboratory Director and /or state specific certification programs as applicable. Client Service contact: Shea Greiner 303 - 425 -6021 Certifications: CO, ID, NE, NM, ND (R -027) (PW), UT (NELAP C000049), TX (T1 0470451 1 -1 2 -1) This report shall not be reproduced, except in its entirety, without the written approval of Accutest Laboratories. Test results relate only to samples analyzed. Mountain States - 4036 Youngfield St. - Wheat Ridge, CO 80033 -3862 - tel: 303 -425 -6021 - fax: 303 - 425 -68 -54 - Accutest Laboratories is the sole authority for authorizing edits or modifications to this document. Unauthorized modification of this report is strictly prohibited. http:/ /www.acculest.COM fn 1 of 26 a ACCUTEST. D38640 I..... °" •• Table of Contents -1- Section Sample Summary .................................................................... ............................... Section Summary of Hits ..................................................................... ............................... Section3: Sample Results ......................................................................... ............................... 3.1: D38640 -1: TH -1 B 18" .................................................................. ............................... 3.2: D38640 -2: TH -1 C 36" .................................................................. ............................... 33: D38640 -3: TH -1 D48 .. .................................................................. ............................... 3.4: D38640 -4: TH -2 B 12" .................................................................. ............................... 3.5: D38640 -5: TH -2 C 40" .................................................................. ............................... 3.6: D38640 -6: TH -2 D 60" .................................................................. ............................... 3.7: D38640 -7: TH -3 B 16" .................................................................. ............................... 3.8: D38640 -8: TH -3 C 36" .................................................................. ............................... 3.9: D38640 -9: TH -4 4" ........................................................................ ............................... 3.10: D38640 -10: TH -5 4" .................................................................... ............................... 3.11: D38640 -1 1: TH -6 6" .................................................................... ............................... Section Misc. Forms ............................................................................. ............................... 4.1: Chain of Custody ............................................................................ ............................... Section 5: GC Semi- volatiles - QC Data Summaries ............................. ............................... 5.1: Method Blank Summary ................................................................. ............................... 5 .2: Blank Spike Summary .................................................................... ............................... 5.3: Matrix Spike /Matrix Spike Duplicate Summary ............................ ............................... Sections: 3 4 6 8 9 10 11 12 13 14 15 17 18 20 21 23 24 25 26 D D D D 0 ■■ 2 of 26 w AOOU D38640 •• " °• �" •• Accutest Laboratories Sample Summary Weiland Inc. 5801 W 38th Ave Job No: D38640 Sample Collected Matrix Client Number Date Time By Received Code Type Sample ID D38640 -1 09/12/12 08:23 PW 09/12/12 SO Soil TH -1 B 18" D38640 -2 09/12/12 08:30 PW 09/12/12 SO Soil TH -1 C 36" D38640 -3 09/12/12 08:35 PW 09/12/12 SO Soil TH -1 D 48" D38640 -4 09/12/12 08:40 PW 09/12/12 SO Soil TH -2 B 12" D38640 -5 09/12/12 08:45 PW 09/12/12 SO Soil TH -2 C 40" D38640 -6 09/12/12 09:00 PW 09/12/12 SO Soil TH -2 D 60" D38640 -7 09/12/12 09:25 PW 09/12/12 SO Soil TH -3 B 16" D38640 -8 09/12/12 09:33 PW 09/12/12 SO Soil TH -3 C 36" D38640 -9 09/12/12 09:45 PW 09/12/12 SO Soil TH -4 4" D38640 -10 09/12/12 09:50 PW 09/12/12 SO Soil TH -5 4" D38640 -11 09/12/12 10:06 PW 09/12/12 SO Soil TH -6 6" Soil samples reported on a dr} weight basis unless otherwise indicated on result page. M■ 3 of 26 ACCUTEST. D38640 ••� «• �° •• Summary of Hits Job Number: D38640 Account: Weiland Inc. Project: 5801 W 38th Ave Collected: 09/12/12 Page 1 of 2 Lab Sample ID Client Sample ID Result/ Analyte Qual RL MDL Units Method D38640 -1 TH -1 B 18" Dieldrin 0.48 J 0.68 0.34 ug /kg SW846 8081A 4,4' -DDE 1.8 0.68 0.34 ug /kg SW846 8081A 4,4' -DDT 0.89 0.68 0.34 ug /kg SW846 8081A D38640 -2 TH -1 C 36" 4,4' -DDE 0.85 0.72 0.36 ug /kg SW846 8081A 4,4' -DDT 0.60 J 0.72 0.36 ug /kg SW846 8081A D38640 -3 TH -1 D 48" No hits reported in this sample. D38640 -4 TH -2 B 12" Dieldrin 9.1 0.69 0.34 ug /kg SW846 8081A 4,4' -DDD 0.81 0.69 0.34 ug /kg SW846 8081A 4,4' -DDE 29.8 0.69 0.34 u /k SW846 8081A 4,4' -DDT 27.7 0.69 0.34 ug /kg SW846 8081A D38640 -5 TH -2 C 40" Dieldrin 0.78 0.72 0.36 ug /kg SW846 8081A 4,4' -DDE 2.4 0.72 0.36 ug /kg SW846 8081 A 4,4'-DDT 2.2 0.72 0.36 ug /kg SW846 8081 A D38640 -6 TH -2 D 60" 4,4' -DDE 0.78 0.73 0.36 ug /kg SW846 8081A 4,4' -DDT 0.74 0.73 0.36 ug /kg SW846 8081A D38640 -7 TH -3 B 16" gamma - Chlordane 0.72 0.70 0.35 ug /kg SW846 8081A Dieldrin 13.8 0.70 0.35 ug /kg SW846 8081A 4,4' -DDE 13.1 0.70 0.35 ug /kg SW8468081A 4,4' -DDT 9.0 0.70 0.35 ug /kg SW846 8081A D38640 -8 TH -3 C 36" Dieldrin 0.64 J 0.70 0.35 ug /kg SW846 8081A 4,4' -DUE 0.93 0.70 0.35 ug /kg SW846 8081A 4,4' -DDT 0.75 0.70 0.35 ug /kg SW846 8081A M■ 4 of 26 M ACCUTE8T. 038640 1..... "• • • Summary of Hits Job Number: D38640 Account: Weiland Inc. Project: 5801 W 38th Ave Collected: 09/12/12 Page 2 of 2 Lab Sample ID Client Sample ID Result/ Analyte Qual RL MDL Units Method D38640 -9 TH -4 4" Aldrin 8.0 0.80 0.40 ug /kg SW8468081A alpha - Chlordane 29.5 8.0 4.0 ug /kg SW846 8081A gamma - Chlordane 40.2 8.0 4.0 U./kg SW8468081A alpha -BHC 15.2 0.80 0.40 ug /kg SW8468081A beta -BHC 61.5 0.80 0.40 ug /kg SW8468081A delta -BHC 4.8 0.80 0.40 ug /kg SW846 8081 A gamma -BHC (Lindane) 14.7 0.80 0.40 ug /kg SW846 8081A Dieldrin 1040 40 20 ug /kg SW8468081A 4,4' -DDD 112 8.0 4.0 ug /kg SW8468081A 4,4' -DDE 1860 40 20 ug /kg SW846 8081 A 4,4' -DDT 2430 40 20 ug /kg SW8468081A Endrin 11.2 0.80 0.40 ug /kg SW8468081A Endrin ketone 14.5 8.0 4.0 ug /kg SW846 8081A Endosulfan -II 10.1 0.80 0.40 ug /kg SW8468081A Heptachlor 3.0 0.80 0.40 ug /kg SW846 8081A D38640 -10 TH -5 4" Aldrin 3.9 0.80 0.40 ug /kg SW8468081A beta -BHC 2.1 0.80 0.40 ug /kg SW8468081A gamma -BHC (Lindane) 5.6 0.80 0.40 ug /kg SW846 8081 A Dieldrin 354 8.0 4.0 ug /kg SW8468081A 4,4' -DDD 37.8 8.0 4.0 ug /kg SW846 8081 A 4,4' -DDE 488 8.0 4.0 ug /kg SW846 8081 A 4,4' -DDT 794 8.0 4.0 ug /kg SW846 8081A Endrin 5.7 0.80 0.40 ug /kg SW846 8081A Endosulfan sulfate 4.4 0.80 0.40 ug /kg SW846 8081A Endosulfan -lI 3.9 0.80 0.40 ug /kg SW846 8081 A Heptachlor 1.4 0.80 0.40 u, SW846 8081A D38640 -11 TH -6 6" Aldrin 27.7 0.78 0.39 u-/kg SW846 8081A gamma -BHC (Lindane) 8.5 0.78 0.39 ug /kg SW846 8081A Dieldrin 4770 78 39 ug /kg SW846 8081A 4,4' -DUD 32.1 7.8 3.9 ug /kg SW8468081A 4,4' -DDE 353 7.8 3.9 ug /kg SW846 8081 A 4,4' -DDT 571 7.8 3.9 ug /kg SW846 8081 A Endrin 157 7.8 3.9 ug /kg SW846 8081A Endosulfan sulfate 1.6 0.78 0.39 ug /kg SW846 8081A Endrin ketone 65.3 7.8 3.9 ug /kg SW846 8081A Endosulfan -11 5.1 0.78 0.39 ug /kg SW846 8081A M■ 5 of 26 N ACCUTEST. . Mountain States ACCUT FEE ST L A 13 0 R A T 0 R I E S Sample Results Report of Analysis Section 3 FC4 M■ 6 of 26 E ACCUTEST, D38640 I ..... " • • Accutest Laboratories Report of Analysis Page 1 of I Client Sample ID: TH -1 B 18" Lab Sample ID: D38640 -1 Date Sampled: 09/12/12 Matrix: SO - Soil Date Received: 09/12/12 Method: SW846 8081 A SW846 3546 Percent Solids: 97.1 Project: 5801 W 38th Ave File ID DF Analyzed By Prep Date Prep Batch Analytical Batch Run //I EE097416.13 1 09/25/12 TR 09/14/12 OP6633 GEi:525 Run 112 Initial Weight Final Volume Run #1 30.1 g 10.01111 Run #2 Pesticide PPL List CAS No. Compound Result RL MDL Units Q 309 -00 -2 Aldrin ND 0.68 0.34 ug /kg 5103 -71 -9 alpha - Chlordane ND 0.68 0.34 ug /kg 5103 -74-2 gamma- Chlordane ND 0.68 0.34 ug /kg 319 -84-6 alpha -BHC ND 0.68 0.34 ug /kg 319 -85 -7 beta -BHC ND 0.68 0.34 ug /kg 319 -86 -8 delta -BHC ND 0.68 0.34 ug /kg 58 -89 -9 gamma -BHC (Lindane) ND 0.68 0.34 ug /kg 12789 -03 -6 Chlordane ND 17 14 ug /kg 60 -57 -1 Dieldrin 0.48 0.68 0.34 ug /kg J 72 -54-8 4,4' -DDD ND 0.68 0.34 ug /kg 72 -55 -9 4,4' -DDE 1.8 0.68 0.34 ug/kg 50 -29 -3 4,4' -DDT 0.89 0.68 0.34 ug /kg 72 -20 -8 Endrin ND 0.68 0.34 ug /kg 1031 -07 -8 Endosulfan sulfate ND 0.68 0.34 ug /kg 7421 -934 Endrin aldehyde ND 0.68 0.34 ug /kg 5349470 -5 Endrin ketone ND 0.68 0.34 ug /kg 959 -98 -8 Endosulfan-I ND 0.68 0.34 ug /kg 33213 -65 -9 Endosulfan-II ND 0.68 0.34 ug /kg 76-44-8 Heptachlor ND 0.68 0.34 ug /kg 102457 -3 Heptachlor epoxide ND 0.68 0.34 ug /kg 7243 -5 Methoxychlor ND 0.68 0.34 ug /kg 8001 -35 -2 Toxaphene ND 34 24 ug /kg CAS No. Surrogate Recoveries Run# 1 Run# 2 Limits 877 -09 -8 Tetrachloro- m- xylene 106% 51 -149% 877 -09 -8 Tetrachloro- m- xylene 103% 51 -149% 2051 -243 Decachlorobiphenyl 118% 41 -162% 2051 -243 Decachlorobiphenyl 116% 41 -162% ND = Not detected MDL - Method Detection Limit RL = Reporting Limit E = Indicates value exceeds calibration range 11 J = Indicates an estimated value B = Indicates analyte found in associated method blank N = Indicates presumptive evidence of a compound 7 of 26 ACCUTEST. D36640 I ...11 1, " 1. . Accutest Laboratories Report of Analysis Client Sample ID: TH -1 C 36" Lab Sample ID: D38640 -2 Matrix: SO - Soil Method: SW846 8081A SW846 3546 Project: 5801 W 38th Ave File ID DF Analyzed By Run #1 EE097418.D 1 09/25/12 TR R un #2 0.36 Page 1 of I Date Sampled: 09/12/12 Kq Date Received: 09/12/12 Percent Solids: 93.2 Prep Date Prep Batch Analytical Batch 09/14/12 OP6633 GEE525 Initial Weight Final Volume Run #1 30.0 g 10.0 nil Run #2 Pesticide PPL List CAS No. Compound Result RL MDL Units Q 309 -00 -2 Aldrin ND 0.72 0.36 ug /kg 5103 -71 -9 alpha - Chlordane ND 0.72 0.36 ug /kg 5103 -74-2 gamma - Chlordane ND 0.72 0.36 ug /kg 319 -84-6 alpha -BHC ND 0.72 0.36 ug/kg 319 -85 -7 beta -BHC ND 0.72 0.36 ug /kg 319 -86 -8 delta -BHC ND 0.72 0.36 ug /kg 58 -89 -9 gamma -BHC (Lindane) ND 0.72 0.36 ug /kg 12789 -03 -6 Chlordane ND 18 14 ug /kg 60 -57 -1 Dieldrin ND 0.72 0.36 ug /kg 72 -54-8 4,4' -DDD ND 0.72 0.36 ug /kg 72 -55 -9 4,4' -DDE 0.85 0.72 0.36 ug /kg 50 -29 -3 4,4'-DDT 0.60 0.72 0.36 ug /kg J 72 -20 -8 Endrin ND 0.72 0.36 ug /kg 1031 -07 -8 Endosulfan sulfate ND 0.72 0.36 ug /kg 7421 -93-4 Endrin aldehyde ND 0.72 0.36 u-/kg 53494 -70 -5 Endrin ketone ND 0.72 0.36 ug /kg 959 -98 -8 Endosulfan -I ND 0.72 0.36 ug /kg 33213 -65 -9 Endosulfan-I1 ND 0.72 0.36 ug /kg 7644 -8 Heptachlor ND 0.72 0.36 u-/kg 102457 -3 Heptachlor epoxide ND 0.72 0.36 ug /kg 7243 -5 Methoxychlor ND 0.72 0.36 ug /kg 8001 -35 -2 Toxaphene ND 36 25 u-/kg CAS No. Surrogate Recoveries Run# 1 Run# 2 Limits 877 -09 -8 Tetrachloro -m- xylene 106% 51 -149% 877 -09 -8 Tetrachloro -m- xylene 110% 51 -149% 2051 -243 Decachlorobiphenyl 102% 41 -162% 2051 -243 Decachlorobiphenyl 107% 41 -162% ND = Not detected MDL - Method Detection Limit RL = Reporting Limit E = Indicates value exceeds calibration range J = Indicates an estimated value B = Indicates analyte found in associated method blank N = Indicates presumptive evidence of a compound ME 8 of 26 w ACCIJTEST D36640 Accutest Laboratories Report of Analysis Page 1 of I w Client Sample ID: TH -1 D 48" Lab Sample ID: D38640 -3 Date Sampled: 09/12/12 Matrix: SO - Soil Date Received: 09/12/12 Method: SW846 8081A SW846 3546 Percent Solids: 94.7 Project: 5801 W 38th Ave 0.70 File ID DF Analyzed By Prep Date Prep Batch Analytical Batch Run #1 EE097419.13 1 09/25/12 TR 09/14/12 OP6633 GEE525 Run #2 0.35 ug /kg Initial Weight Final Volume Run #1 30.1 g 10.01111 Run #2 Pesticide PPL List CAS No. Compound Result RL MDL Units Q 309 -00 -2 Aldrin ND 0.70 0.35 ug /kg 5103 -71 -9 alpha- Chlordane ND 0.70 0.35 ug /kg 5103 -74-2 gamma - Chlordane ND 0.70 0.35 ug/kg 319 -846 alpha -BHC ND 0.70 0.35 ug /kg 319 -85 -7 beta -BHC ND 0.70 0.35 ug /kg 319 -86-8 delta -BHC ND 0.70 0.35 ug/kg 58 -89 -9 gamma -BHC (Lindane) ND 0.70 0.35 ug /kg 12789 -03 -6 Chlordane ND 18 14 ug /kg 60 -57 -1 Dieldrin ND 0.70 0.35 ug /kg 72 -548 4,4' -DDD ND 0.70 0.35 ug /kg 72 -55 -9 4,4' -DDE ND 0.70 0.35 ug /kg 50 -29 -3 4,4' -DDT ND 0.70 0.35 ug /kg 72 -20 -8 Endrin ND 0.70 0.35 ug /kg 1031 -07 -8 Endosulfan sulfate ND 0.70 0.35 ug /kg 7421 -93 -4 Endrin aldehyde ND 0.70 0.35 ug /kg 5349470 -5 Endrin ketone ND 0.70 0.35 ug /kg 959 -98 -8 Endosulfan -I ND 0.70 0.35 ug /kg 33213 -65 -9 Endosulfan -1I ND 0.70 0.35 u-/k- 76-44-8 Heptachlor ND 0.70 0.35 ug /kg 102457 -3 Heptachlor epoxide ND 0.70 0.35 ug /kg 72 -43 -5 Methoxychlor ND 0.70 0.35 ug /kg 8001 -35 -2 Toxaphene ND 35 25 ug /kg CAS No. Surrogate Recoveries Run# 1 Run# 2 Limits 877 -09 -8 Tetrachloro -m- xylene 106 % 51 -149% 877 -09 -8 Tetrachloro -m- xylene 102% 51 -149% 2051 -24-3 Decachlorobiphenyl 117% 41 -162% 2051 -243 Decachlorobiphenyl 116% 41 -162% ND = Not detected MDL - Method Detection limit J = Indicates an estimated value RL = Reporting Limit B = Indicates analyte found in associated method blank E = Indicates value exceeds calibration range N = Indicates presumptive evidence of a compound 9 of 26 =ACCUTEST. D38"O Accutest Laboratories Report of Analysis Page 1 of 1 (0 Client Sample ID: TH -2 B 12" Lab Sample ID: D38640 -4 Date Sampled: 09/12/12 Matrix: SO - Soil Date Received: 09/12/12 Method: SW846 8081A SW846 3546 Percent Solids: 97.3 Project: 5801 W 38th Ave File ID DF Analyzed By Prep Date Prep Batch Analytical Batch Run #1 EE097420.D 1 09/25/12 TR 09/14/12 OP6633 GEE525 Run #2 Initial Weight Final Volume Run #1 30.0 g 10.0 ml Run #2 Pesticide PPL List CAS No. Compound Result RL MDL Units Q 309 -00 -2 Aldrin ND 0.69 0.34 ug /kg 5103 -71 -9 alpha- Chlordane ND 0.69 0.34 ug /kg 5103 -74-2 gamma - Chlordane ND 0.69 0.34 ug /kg 319 -846 alpha -BHC ND 0.69 0.34 u-/kg 319 -85 -7 beta -BHC ND 0.69 0.34 u-/kg 319 -86 -8 delta -BHC ND 0.69 0.34 ug /kg 58 -89 -9 gamma -BHC (Lindane) ND 0.69 0.34 ug/kg 12789 -03 -6 Chlordane ND 17 14 u-/kg 60 -57 -1 Dieldrin 9.1 0.69 0.34 ug /kg 72 -548 4,4' -DDD 0.81 0.69 0.34 ug /kg 72 -55 -9 4,4' -DDE 29.8 0.69 0.34 ug /kg 50 -29 -3 4,4' -DDT 27.7 0.69 0.34 ug /kg 72 -20 -8 Endrin ND 0.69 0.34 ug /kg 1031 -07 -8 Endosulfan sulfate ND 0.69 0.34 ug /kg 7421 -93-4 Endrin aldehyde ND 0.69 0.34 ug /kg 5349470 -5 Endrin ketone ND 0.69 0.34 ug/kg 959 -98 -8 Endosulfan -I ND 0.69 0.34 ug /kg 33213 -65 -9 Endosulfan-II ND 0.69 0.34 ug /kg 76 -44-8 Heptachlor ND 0.69 0.34 u-/k- 1024-57-3 Heptachlor epoxide ND 0.69 0.34 ug /kg 72 -43 -5 Methoxychlor ND 0.69 0.34 ug /kg 8001 -35 -2 Toxaphene ND 34 24 ug /kg CAS No. Surrogate Recoveries Run# I Run# 2 Limits 877 -09 -8 Tetrachloro -m- xylene 96% 51 -149% 877 -09 -8 Tetrachloro -m- xylene 95% 51 -149% 2051 -243 Decachlorobiphenyl 117% 41 -162% 2051 -24-3 Decachlorobiphenyl 114% 41 -162% ND = Not detected MDL - Method Detection Limit J = Indicates an estimated value RL = Reporting Limit B = Indicates analyte found in associated method blank E = Indicates value exceeds calibration range N = Indicates presumptive evidence of a compound so 10 of 26 E ACC U D36640 ... ... Accutest Laboratories Report of Analysis Page 1 of I w Client Sample ID: TH -2 C 40" Lab Sample ID: D38640 -5 Date Sampled: 09/12/12 Matrix: SO - Soil Date Received: 09/12/12 Method: SW846 8081A SW846 3546 Percent Solids: 91.7 Project: 5801 W 38th Ave V l File ID DF Analyzed By Prep Date Prep Batch Analytical Batch Run #1 EE097421. D 1 09/25/12 rR 09/14/12 OP6633 GEE525 Run #2 Initial Weight Final Volume Run #1 30.1 g 10.0 ml Run #2 Pesticide PPL List CAS No. Compound Result RL MDL Units Q 309 -00 -2 Aldrin ND 0.72 0.36 ug /kg 5103 -71 -9 alpha- Chlordane ND 0.72 0.36 ug /kg 5103 -74 -2 gamma - Chlordane ND 0.72 0.36 ug /kg 319 -84 -6 alpha -BHC ND 0.72 0.36 ug /kg 319 -85 -7 beta -BHC ND 0.72 0.36 ug /kg 319 -86 -8 delta -BHC ND 0.72 0.36 ug /kg 58 -89 -9 gamma -BHC (Lindane) ND 0.72 0.36 ug /kg 12789 -03 -6 Chlordane ND 18 14 ug /kg 60 -57 -1 Dieldrin 0.78 0.72 0.36 ug /kg 72 -54-8 4,4' -DDD ND 0.72 0.36 ug /kg 72 -55 -9 4,4' -DDE 2.4 0.72 0.36 ug /kg 50 -29 -3 4,4' -DDT 2.2 0.72 0.36 ug /kg 72 -20 -8 Endrin ND 0.72 0.36 ug /kg 1031 -07 -8 Endosulfan sulfate ND 0.72 0.36 ug /kg 7421 -93 -4 Endrin aldehyde ND 0.72 0.36 ug /kg 53494 -70 -5 Endrin ketone ND 0.72 0.36 ug /kg 959 -98 -8 Endosulfan -I ND 0.72 0.36 ug /kg 33213 -65 -9 Endosulfan -11 ND 0.72 0.36 ug /kg 76 -44 -8 Heptachlor ND 0.72 0.36 ug /kg 1024 -57 -3 Heptachlor epoxide ND 0.72 0.36 ug /kg 7243 -5 Methoxychlor ND 0.72 0.36 ug /kg 8001 -35 -2 Toxaphene ND 36 25 ug /kg CAS No. Surrogate Recoveries Run# 1 Run# 2 Limits 877 -09 -8 Tetrachloro -m- xylene 92% 51 -149% 877 -09 -8 Tetrachloro -m- xylene 91% 51 -149% 2051 -24 -3 Decachlorobiphenyl 109% 41 -162% 2051 -24 -3 Decachlorobiphenyl 107% 41 -162 %; ND = Not detected MDL - Method Detection Limit RL = Reporting Limit E = Indicates value exceeds calibration range J = Indicates an estimated value B = Indicates analyte found in associated method blank N = Indicates presumptive evidence of a compound s■ 11 of 26 E ACCUTEST. D38640 '..... •• Accutest Laboratories Report of Analysis Client Sample ID: TH -2 D 60" Lab Sample ID: D38640 -6 Matrix: SO - Soil Method: SW846 8081A SW846 3546 Project: 5801 W 38th Ave Page I of I a) Date Sampled: 09/12/12 Date Received: 09/12/12 Percent Solids: 91.2 File ID DF Analyzed By Prep Date Prep Batch Analytical Batch Run #1 EE097422.D 1 09/25/12 TR 09/14/12 OP6633 GEE525 Run #2 Initial Weight Final Volume .un #1 30.1 g 10.0 ml mn #2 Pesticide PPL List CAS No. Compound 309 -00 -2 Aldrin 5103 -71 -9 alpha- Chlordane 5103 -74-2 gamma- Chlordane 319 -84-6 alpha -BHC 319 -85 -7 beta -BHC 319 -86-8 delta -BHC 58 -89 -9 gamma -BHC (Lindane) 12789 -03 -6 Chlordane 60 -57 -1 Dieldrin 72 -54-8 4,4' -DDD 72 -55 -9 4,4' -DDE 50 -29 -3 4,4'-DDT 72 -20 -8 Endrin 1031 -07 -8 Endosulfan sulfate 7421 -93-4 Endrin aldehyde 53494 -70 -5 Endrin ketone 959 -98 -8 Endosulfan-I 33213 -65 -9 Endosulfan-1I 7644 -8 Heptachlor 1024 -57 -3 Heptachlor epoxide 72 -43 -5 Methoxychlor 8001 -35 -2 Toxaphene CAS No. Surrogate Recoveries 877 -09 -8 Tetrachloro -m- xylene 877 -09 -8 Tetrachloro-m- xylene 2051 -243 Decachlorobiphenyl 2051 -243 Decachlorobiphenyl Result RL MDL Units Q ND 0.73 0.36 ug/kg ND 0.73 0.36 ug /kg ND 0.73 0.36 ug /kg ND 0.73 0.36 ug /kg ND 0.73 0.36 ug /kg ND 0.73 0.36 ug /kg ND 0.73 0.36 ug /kg ND 18 15 ug /kg ND 0.73 0.36 ug /kg ND 0.73 0.36 ug /kg 0.78 0.73 0.36 ug /kg 0.74 0.73 0.36 ug /kg ND 0.73 0.36 ug /kg ND 0.73 0.36 ug /kg ND 0.73 0.36 ug /kg ND 0.73 0.36 ug /kg ND 0.73 0.36 ug /kg ND 0.73 0.36 ug /kg ND 0.73 0.36 ug /kg ND 0.73 0.36 ug/kg ND 0.73 0.36 ug /kg ND 36 26 ug /kg Run# 1 Run# 2 Limits 96% 51 -149% 92% 51 -149% 107% 41 -162% 105% 41 -162% ND = Not detected MDL - Method Detection Limit RL = Reporting Limit E = Indicates value exceeds calibration range J = Indicates an estimated value B = Indicates analyte found in associated method blank N = Indicates presumptive evidence of a compound ME 12 of 26 o ACCUTEST. D38640 " Accutest Laboratories Report of Analysis Client Sample ID: TH -3 B 16" Lab Sample ID: D38640 -7 Matrix: SO - Soil Method: SW846 8081A SW846 3546 Project: 5801 W 38th Ave File ID DF Analyzed By Run #1 EE097423.D 1 09/25/12 TR Run #2 Page 1 of I v Date Sampled: 09/12/12 Date Received: 09/12/12 Percent Solids: 95.2 Prep Date Prep Batch Analytical Batch 09/14/12 OP6633 GEE525 Initial Weight Final Volume Run #1 30.1 g 10.01111 Run #2 Pesticide PPL List CAS No. Compound Result RL MDL Units Q 309 -00 -2 Aldrin ND 0.70 0.35 ug /kg 5103 -71 -9 alpha - Chlordane ND 0.70 0.35 ug /kg 5103 -74-2 gamma - Chlordane 0.72 0.70 0.35 ug /kg 319 -84-6 alpha -BHC ND 0.70 0.35 ug /kg 319 -85 -7 beta -BHC ND 0.70 0.35 ug /kg 319 -86 -8 delta -BHC ND 0.70 0.35 ug /kg 58 -89 -9 gamma -BHC (Lindane) ND 0.70 0.35 ug /kg 12789 -03 -6 Chlordane ND 17 14 ug /kg 60 -57 -1 Dieldrin 13.8 0.70 0.35 u-/kg 72 -54-8 4,4' -DDD ND 0.70 0.35 ug /kg 72 -55 -9 4,4' -DDE 13.1 0.70 0.35 u-/kg 50 -29 -3 4,4' -DDT 9.0 0.70 0.35 ug /kg 72 -20 -8 Endrin ND 0.70 0.35 ug /kg 1031 -07 -8 Endosulfan sulfate ND 0.70 0.35 ug /kg 7421 -93-4 Endrin aldehyde ND 0.70 0.35 ug /kg 53494 -70 -5 Endrin ketone ND 0.70 0.35 ug /kg 959 -98 -8 Endosulfan -I ND 0.70 0.35 ug /kg 33213 -65 -9 Endosulfan -II ND 0.70 0.35 ug /kg 7644 -8 Heptachlor ND 0.70 0.35 ug /kg 102457 -3 Heptachlor epoxide ND 0.70 0.35 ug /kg 72 -43 -5 Methoxychlor ND 0.70 0.35 ug /kg 8001 -35 -2 Toxaphene ND 35 24 ug /kg CAS No. Surrogate Recoveries Run# 1 Run# 2 Limits 877 -09 -8 Tetrachloro- m- xylene 107% 51 -149% 877 -09 -8 Tetrachloro- m- xylene 106% 51 -149% 2051 -243 Decachlorobiphenyl 119% 41 -162% 2051 -243 Decachlorobiphenyl 119% 41 -162% ND = Not detected MDL - Method Detection Limit RL = Reporting Limit E = Indicates value exceeds calibration range J = Indicates an estimated value B = Indicates analyte found in associated method blank N = Indicates presumptive evidence of a compound N® 13 of 26 ACCI.JTEST. D38640 Accutest Laboratories Report of Analysis Page 1 of 1 w Client Sample ID: TH -3 C 36" Lab Sample ID: D38640 -8 Date Sampled: 09/12/12 Matrix: SO - Soil Date Received: 09/12/12 Method: SW846 8081 A SW846 3546 Percent Solids: 94.7 Project: 5801 W 38th Ave � File ID DF Analyzed By Prep Date Prep Batch Analytical Batch Run #1 EE097424.13 1 09/25/12 TR 09/14/12 OP6633 GEE525 Run #2 Initial Weight Final Volume Run #1 30.1 g 10.0 ml Run #2 Pesticide PPL List CAS No. Compound Result RL MDL Units Q 309 -00 -2 Aldrin ND 0.70 0.35 ug /kg 5103 -71 -9 alpha - Chlordane ND 0.70 0.35 ug /kg 5103 -74 -2 gamma- Chlordane ND 0.70 0.35 ug /kg 319 -84 -6 alpha -BHC ND 0.70 0.35 ug /kg 319 -85 -7 beta -BHC ND 0.70 0.35 ug /kg 319 -86 -8 delta -BHC ND 0.70 0.35 ug /kg 58 -89 -9 gamma -BHC (Lindane) ND 0.70 0.35 ug /kg 12789 -03 -6 Chlordane ND 18 14 ug /kg 60 -57 -1 Dieldrin 0.64 0.70 0.35 ug /kg J 72 -54 -8 4,4' -DDD ND 0.70 0.35 ug /kg 72 -55 -9 4,4' -DDE 0.93 0.70 0.35 ug /kg 50 -29 -3 4,4' -DDT 0.75 0.70 0.35 ug /kg 72 -20 -8 Endrin ND 0.70 0.3.5 ug /kg 1031 -07 -8 Endosulfan sulfate ND 0.70 0.35 ug /kg 7421 -93 -4 Endrin aldehyde ND 0.70 0.35 ug /kg 53494 -70 -5 Endrin ketone ND 0.70 0.35 ug /kg 959 -98 -8 Endosulfan -I ND 0.70 0.35 u-/k- 33213-65-9 Endosulfan -11 ND 0.70 0.35 ug /kg 76 -44 -8 Heptachlor ND 0.70 0.35 ug /kg 1024 -57 -3 Heptachlor epoxide ND 0.70 0.35 ug /kg 72 -43 -5 Methoxychlor ND 0.70 0.35 ug /kg 8001 -35 -2 Toxaphene ND 35 25 ug /kg CAS No. Surrogate Recoveries Run# 1 Run# 2 Limits 877 -09 -8 Tetrachloro -m- xylene 107% 51 -149% 877 -09 -8 Tetrachloro -m- xylene 106% 51 -149% 2051 -24-3 Deeachlorobiphenyl 117% 41 -162% 2051 -24-3 Decachlorobiphenyl 122% 41 -162% ND = Not detected MDL - Method Detection Limit RL = Reporting Limit E = Indicates value exceeds calibration range J = Indicates an estimated value B = Indicates analyte found in associated method blank N = Indicates presumptive evidence of a compound ME 14 of 26 M ACCIJTEST. D38640 "....I " - Accutest Laboratories Initial Weight Final Volume Report of Analysis 10.0 ml Page 1 of 2 10.0 ml Client Sample ID: TH-4 4" 10.0 ml Aldrin 8.0 0.80 0.40 ug /kg Lab Sample ID: D38640 -9 5103 -71 -9 alpha- Chlordane 29.5 a Date Sampled: 09/12/12 u-/kg Matrix: SO - Soil gamma - Chlordane 40.2 a 8.0 Date Received: 09/12/12 Method: SW846 8081A SW846 3546 15.2 0.80 Percent Solids: 82.8 Project: 5801 W 38th Ave 61.5 0.80 0.40 ug /kg 319 -86 -8 delta -BHC File ID DF Analyzed By Prep Date Prep Batch Analytical Batch 58 -89 -9 Run #1 EE097377.D 1 09/21/12 TR 09/14/12 OP6633 GEE523 Chlordane Run #2 EE097433.D 10 09/25/12 TR 09/14/12 OP6633 GEE525 1040 b Run #3 EE097430.D 50 09/25/12 TR 09/14/12 OP6633 GEE525 8.0 Initial Weight Final Volume .un #1 30.1 g 10.0 ml .un #2 30.1 g 10.0 ml :un #3 30.1 g 10.0 ml Pesticide PPL List CAS No. Compound Result RL MDL Units Q 309 -00 -2 Aldrin 8.0 0.80 0.40 ug /kg 5103 -71 -9 alpha- Chlordane 29.5 a 8.0 4.0 u-/kg 5103 -74-2 gamma - Chlordane 40.2 a 8.0 4.0 ug /kg 319 -84-6 alpha -BHC 15.2 0.80 0.40 ug /kg 319 -85 -7 beta -BHC 61.5 0.80 0.40 ug /kg 319 -86 -8 delta -BHC 4.8 0.80 0.40 u,-,/kg 58 -89 -9 gamma -BHC (Lindane) 14.7 0.80 0.40 ug /kg 12789 -03 -6 Chlordane ND 20 16 u-/kg 60 -57 -1 Dieldrin 1040 b 40 20 ug /kg 72 -54-8 4,4' -DDD 112 a 8.0 4.0 ug /kg 72 -55 -9 4,4' -DDE 1860 b 40 20 ug /kg 50 -29 -3 4,4' -DDT 2430 b 40 20 U./kg 72 -20 -8 Endrin 11.2 0.80 0.40 ug /kg 1031 -07 -8 Endosulfan sulfate ND 0.80 0.40 u-/k- 7421-93-4 Endrin aldehyde ND 0.80 0.40 ug /kg 5349470 -5 Endrin ketone 14.5 a 8.0 4.0 ug /kg 959 -98 -8 Endosulfan -I ND a 8.0 4.0 ug /kg 33213 -65 -9 Endosulfan -II 10.1 0.80 0.40 ug /kg 7644 -8 Heptachlor 3.0 0.80 0.40 ug /kg 102457 -3 Heptachlor epoxide ND 0.80 0.40 ug /kg 72 -43 -5 Methoxychlor ND a 8.0 4.0 ug /kg 8001 -35 -2 Toxaphene ND 40 28 ug /kg CAS No. Surrogate Recoveries Run# 1 Run# 2 Run# 3 Limits 877 -09 -8 Tetrachloro -m- xylene 110% 110% 91% 51 -149% 877 -09 -8 Tetrachloro -m- xylene 113% 101% 111% 51 -149% 2051 -243 Decachlorobiphenyl 102% 115% 113% 41 -162% 2051 -243 Decachlorobiphenyl 106% 120% 131% 41 -162% ND = Not detected MDL - Method Detection Limit J = Indicates an estimated value RL = Reporting Limit B = Indicates analyte found in associated method blank E = Indicates value exceeds calibration range N = Indicates presumptive evidence of a compound = 0 15 of 26 ACCUTEST. D38W ••� "• `" " Accutest Laboratories Report of Analysis Page 2 of 2 iD Client Sample ID: TH-4 4" Lab Sample ID: 1338640 -9 Date Sampled: 09/12/12 Matrix: SO - Soil Date Received: 09/12/12 Method: SW846 8081 A SW846 3546 Percent Solids: 82.8 Project: 5801 W 38th Ave IF Pesticide PPL List CAS No. Compound Result RL MDL Units Q (a) Result is from Runt/ 2 (b) Result is from Runt 3 ND = Not detected MDL - Method Detection Limit J = Indicates an estimated value RL = Reportin Limit B = Indicates analyte found in associated method blank E = Indicates value exceeds calibration range N = Indicates presumptive evidence of a compound s■ 16 of 26 w ACCUTEST. D38640 ".... • • Accutest Laboratories Report of Analysis 3.9 Page 1 of 1 w 0 Client Sample ID: TH -5 4" 5103 -71 -9 alpha- Chlordane a ND b 8.0 Lab Sample ID: D38640 -10 ug /kg Date Sampled: 09/12/12 ND b Matrix: SO - Soil 4.0 Date Received: 09 /12/12 alpha -BHC Method: SW846 8081A SW846 3546 Percent Solids: 83.2 ug /kg Project: 5801 W 38th Ave beta -BHC 2.1 0.80 0.40 File ID DF Analyzed By Prep Date Prep Batch Analytical Batch ND Run #1 EE097379.D 1 09/21/12 TR 09/14/12 OP6633 GEE523 gamma -BHC (Lindane) Run #2 EE097435. D 10 09/25/12 TR 09/14/12 OP6633 GEE525 12789 -03 -6 Initial Weight Final Volume ;un #1 30.0 g 10.0 ml .un #2 30.0 g 10.0 ml Pesticide PPL List CAS No. Compound Result RL MDL Units Q 309 -00 -2 Aldrin 3.9 0.80 0.40 ug /kg 5103 -71 -9 alpha- Chlordane a ND b 8.0 4.0 ug /kg 5103 -74-2 gamma - Chlordane a ND b 8.0 4.0 ug /kg 319 -84-6 alpha -BHC ND 0.80 0.40 ug /kg 319 -85 -7 beta -BHC 2.1 0.80 0.40 ug /kg 319 -86-8 delta -BHC ND 0.80 0.40 u-/kg 58 -89 -9 gamma -BHC (Lindane) 5.6 0.80 0.40 ug /kg 12789 -03 -6 Chlordane ND 20 16 ug /kg 60 -57 -1 Dieldrin 354 b 8.0 4.0 ug /kg 72 -54-8 4,4' -DDD 37.8 b 8.0 4.0 ug /kg 72 -55 -9 4,4' -DDE 488 b 8.0 4.0 ug /kg 50 -29 -3 4,4' -DDT 794 b 8.0 4.0 ug /kg 72 -20 -8 Endrin 5.7 0.80 0.40 ug /kg 1031 -07 -8 Endosulfan sulfate 4.4 0.80 0.40 ug /kg 7421 -93-4 Endrin aldehyde ND 0.80 0.40 ug /kg 53494 -70 -5 Endrin ketone a ND b 8.0 4.0 ug /kg 959 -98 -8 Endosulfan-I a ND b 8.0 4.0 ug /kg 33213 -65 -9 Endosulfan-II 3.9 0.80 0.40 ug /kg 7644 -8 Heptachlor 1.4 0.80 0.40 ug /kg 1024 -57 -3 Heptachlor epoxide ND 0.80 0.40 u-/kg 7243 -5 Methoxychlor a ND b 8.0 4.0 u-/kg 8001 -35 -2 Toxaphene ND 40 28 ug /kg CAS No. Surrogate Recoveries Run# 1 Run# 2 Limits 877 -09 -8 Tetrachloro- m- xylene 96% 101% 51 -149% 877 -09 -8 Tetrachloro- m- xylene 98% 97% 51 -149% 2051 -243 Decachlorobiphenyl 108% 123% 41 -162% 2051 -243 Decachlorobiphenyl 108% 117% 41 -162% (a) Elevated reporting limits due to matrix interference. (b) Result is from Run# 2 ND = Not detected MDL - Method Detection Limit RL = Reporting Limit E = Indicates value exceeds calibration range J = Indicates an estimated value B = Indicates analyte found in associated method blank N = Indicates presumptive evidence of a compound f® 17 of 26 w ACCUTEST D38640 Accutest Laboratories Initial Weight Final Volume Report of Analysis 10.0 ml w Page I of 2 Client Sample ID: TH -6 6" ,un #3 30.1 g 10.0 ml Aldrin 27.7 0.78 0.39 Lab Sample ID: D38640 -11 5103 -71 -9 alpha - Chlordane a Date Sampled: 09/12/12 3.9 Matrix: SO - Soil 5103 -74-2 gamma- Chlordane a ND b Date Received: 09/12/12 ug/kg Method: SW846 8081A SW846 3546 alpha -BHC ND Percent Solids: 85.6 ug /kg Project: 5801 W 38th Ave beta -BHC ND 0.78 0.39 ug /kg 319 -86-8 File ID DF Analyzed By Prep Date Prep Batch Analytical Batch Run #1 EE097381.1) 1 09/22/12 TR 09/14/12 OP6633 GEE523 12789 -03 -6 Run #2 EE097437.1) 10 09/25/12 TR 09/14/12 OP6633 GEE525 Dieldrin Run #3 EE097427.1) 100 09/25/12 TR 09/14/12 OP6633 GEE525 32.1 b Initial Weight Final Volume .un #1 30.1 g 10.0 ml :un #2 30.1 g 10.0 ml ,un #3 30.1 g 10.0 ml Pesticide PPL List CAS No. Compound Result RL MDL Units Q 309 -00 -2 Aldrin 27.7 0.78 0.39 ug /kg 5103 -71 -9 alpha - Chlordane a ND b 7.8 3.9 ug /kg 5103 -74-2 gamma- Chlordane a ND b 7.8 3.9 ug/kg 319 -84-6 alpha -BHC ND 0.78 0.39 ug /kg 319 -85 -7 beta -BHC ND 0.78 0.39 ug /kg 319 -86-8 delta -BHC ND 0.78 0.39 ug /kg 58 -89 -9 gamma -BHC (Lindane) 8.5 0.78 0.39 ug /kg 12789 -03 -6 Chlordane ND 19 16 ug /kg 60 -57 -1 Dieldrin 4770 c 78 39 ug /kg 72 -54-8 4,4' -DDD 32.1 b 7.8 3.9 ug /kg 72 -55 -9 4,4' -DDE 353 b 7.8 3.9 ug /kg 50 -29 -3 4,4' -DDT 571 b 7.8 3.9 ug /kg 72 -20 -8 Endrin 157 b 7.8 3.9 ug /kg 1031 -07 -8 Endosulfan sulfate 1.6 0.78 0.39 ug /kg 7421 -934 Endrin aldehyde ND 0.78 0.39 ug /kg 5349470 -5 Endrin ketone 65.3 b 7.8 3.9 ug /kg 959 -98 -8 Endosulfan-I a ND b 7.8 3.9 ug/kg 33213 -65 -9 Endosulfan-II 5.1 0.78 0.39 ug /kg 7644 -8 Heptachlor ND 0.78 0.39 ug /kg 102457 -3 Heptachlor epoxide ND 0.78 0.39 ug/kg 7243 -5 Methoxychlor a ND b 7.8 3.9 ug /kg 8001 -35 -2 Toxaphene ND 39 27 ug /kg CAS No. Surrogate Recoveries Run# 1 Run# 2 Run# 3 Limits 877 -09 -8 Tetrachloro -m- xylene 101% 115% 73% 51 -149% 877 -09 -8 Tetrachloro- m- xylene 106% 102% 102% 51 -149% 2051 -243 Decachlorobiphenyl 87% 122% 97% 41 -162% 2051 -243 Decachlorobiphenyl 147% 161% 160% 41 -162% ND = Not detected MDL - Method Detection Limit J = Indicates an estimated value RL = Reporting Limit B = Indicates analyte found in associated method blank E = Indicates value exceeds calibration range N = Indicates presumptive evidence of a compound 18 of 26 �ACCIJTEST. D36640 Accutest Laboratories Report of Analysis Page 2 of 2 Client Sample ID: TH -6 6" Lab Sample ID: D38640 -1 I Date Sampled: 09/12/12 Matrix: SO - Soil Date Received: 09/12/12 Method: SW846 8081A SW846 3546 Percent Solids: 85.6 Project: 5801 W 38th Ave Pesticide PPL List CAS No. Compound Result (a) Elevated reporting limits due to matrix interference. (b) Result is from Run# 2 (c) Result is from Run# 3 ND = Not detected MDL - Method Detection Limit RL = Reporting Limit E = Indicates value exceeds calibration range RL MDL Units Q w f J = Indicates an estimated value B = Indicates analyte found in associated method blank N = Indicates presumptive evidence of a compound En 19 of 26 w ACCUTEST. D38640 " .... I - MN Mountain States E AC, L A B O R A T O R 1 E S Section 4 D Misc. Forms Custody Documents and Other Forms Includes the following where applicable: • Chain of Custody 00 20 of 26 E ACCUTEST. 038640 1 ••... '° •• ..,„ .. „�... ongea isainootr ■ 9Z 1 LZ on 0 Z 3o I aNud ,ipolsna 3o uirga :01798£(I Imo - - - -- - - -_ ■ ■ ■ �■■■ ■ ■ ■■■rr ■■■■■■■■■■■►�� ©��■s�s■��n .. ... 0008o00oO��� ©■�i� � L1 I-Ja-J V - d0 39Vd AGO,LSfl3 d0 NIVHO 52�0 M ACCUTEST Accutest Laboratories Sample Receipt Summary nnoa.ruara. Accutest Job Number: D38640 Client: WEILAND IN Date /Time Received: 9/12/2012 11:05:00 AM No. Coolers: t Project: 5801 W. 38TH R Cooler Security Y or N Y or N 1. Custody Seals Present: R ❑ 3. COC Present: R ❑ 2 Custody Seals Intact: R ❑ 4. Smpl Dates/rime OK ® ❑ Cooler Temperature Y or N 1 Temp criteria achieved: R ❑ 2 Cooler temp venfication: Infa gun_ 3 Cooler media: Ic (beg _ __ Quality Control Preservation Y or N WA 1. Trip Blank present / cooler ❑ ❑ 2. Trip Blank listed on COC: ❑ ❑ 3. Samples preserved properly: R ❑ 4 VOCs headspace free. ❑ ❑ R Comments Immediate Client Services Action Required: NO Client Service Action Required at Login: No Airbill #'s: HD Sample Integrity - Documentation 1 Sample labels present on bottles 2 Container labeling complete 3 Sample container label / COC agree Sample Integrity - Condition 1 Sample recvd within HT. 2. All containers accounted for 3. Condition of sample Sample Intearity - Instructions 1. Analysis requested is clear 2. Bottles received for unspecified tests 3. Sufficient volume recd for analysis: 4. Compositing instructions clear. 5. Filt inst clear. Y or N R ❑ R ❑ R ❑ Y or N R ❑ R ❑ Intact Y or N WA R ❑ 0 62 R ❑ ❑ ❑ R ❑ ❑ R A J Accutest Laboratories V:(303) 425 -0021 4035 Youngtletd Street F. (303) 425-0554 Wheat Ridge, CO vl Iaccutest.com D38640: Chain of Custody Page 2 of 2 �M 22 of 26 ACCUTEST. D38640 ' """"' "` ' MN Mountain States ACCUTEST L A B O R A T O R I E S GC Semi - volatiles QC Data Summaries Includes the following where applicable: • Method Blank Summaries • Blank Spike Summaries • Matrix Spike and Duplicate Summaries Section 5 P Ln No 23 of 26 N ACCUTEST. D38640 ` ".... ° ° • • Method Blank Summary Job Number: D38640 Account: WEIICOB Weiland Inc. Project: 5801 W 38th Ave Page 1 of 1 Sample File ID DF Analyzed By Prep Date Prep Batch Analytical Batch DP6633 -MB EE097412.D 1 09/25/12 T 09/14/12 01'6633 GEE525 The QC reported here applies to the following samples: Method: SW846 8081 A D38640 -1, D38640 -2, D38640 -3, D38640 -4, D38640 -5, D38640 -6, D38640 -7, D38640 -8, D38640 -9, D38640 -10, D38640 -11 CAS No. Compound Result RL MDL Units Q 309 -00 -2 Aldrin ND 0.67 0.33 ug /kg 5103 -71 -9 alpha- Chlordane ND 0.67 0.33 ug /kg 5103 -74 -2 gamma- Chlordane ND 0.67 0.33 ug /kg 319 -84 -6 alpha -BHC ND 0.67 0.33 u-/k- 319-85-7 beta -BHC ND 0.67 0.33 ug /kg 319 -86 -8 delta -BHC ND 0.67 0.33 ug /kg 58 -89 -9 gamma -BHC (l.indane) ND 0.67 0.33 ug /kg 12789 -03 -6 Chlordane ND 17 13 ug /kg 60 -57 -1 Dieldrin ND 0.67 0.33 ug /kg 72 -54 -8 4,4' -DDD ND 0.67 0.33 ug /kg 72 -55 -9 4,4' -DDE ND 0.67 0.33 ug /kg 50 -29 -3 4,4'-DDT ND 0.67 0.33 ug /kg 72 -20 -8 Endrin ND 0.67 0.33 ug /kg 1031 -07 -8 Endosulfan sulfate ND 0.67 0.33 ug /kg 7421 -93 -4 Endrin aldehyde ND 0.67 0.33 ug /kg 53494 -70 -5 Endrin ketone ND 0.67 0.33 ug /kg 959 -98 -8 Endosulfan -I ND 0.67 0.33 ug /kg 33213 -65 -9 Endosulfan-II ND 0.67 0.33 ug /kg 76 -448 Heptachlor ND 0.67 0.33 ug /kg 102457 -3 Heptachlor epoxide ND 0.67 0.33 ug /kg 72 -43 -5 Methoxychlor ND 0.67 0.33 ug /kg 8001 -35 -2 Toxaphene ND 33 23 ug /kg CAS No. Surrogate Recoveries Limits 877 -09 -8 Tetrachloro -m- xylene 97% 51 -149% 877 -09 -8 Tetrachloro -m- xylene 96% 51 -149 %n 2051 -243 Decachlorobiphenyl 101% 41 -162% 2051 -24 -3 Decachlorobiphenyl 98% 41 -162% J ME 24 of 26 E ACCUTEST. D38640 "" ° "• °, •• Blank Spike Summary Job Number: D38640 Account: WEIICOB Weiland Inc. Project: 5801 W 38th Ave Page I of 1 ample File ID DF Analyzed By Prep Date Prep Batch Analytical Batch )P6633 -13S EE097413.D 1 09/25/12 TR 09/14/12 OP6633 GEE525 The QC reported here applies to the following samples: Method: SW846 8081A D38640 -1, D38640 -2, D38640 -3, D38640 -4, D38640 -5, D38640 -6, D38640 -7, D38640 -8, D38640 -9, D38640 -10, D38640 -11 * = Outside of Control Limits. N j ME 25 of 26 E ACCUTEST. D38640 ••' "• `" •• Spike BSP BSP CAS No. Compound ug/kg ug/kg % Limits 309 -00 -2 Aldrin 26.7 25.8 97 59 -135 5103 -71 -9 alpha - Chlordane 26.7 29.4 110 56 -137 5103 -74 -2 gamma- Chlordane 26.7 30.3 114 57 -139 319 -84 -6 alpha -BHC 26.7 27.0 101 57 -142 319 -85 -7 beta -BHC 26.7 28.9 108 57 -147 319 -86 -8 delta -BHC 26.7 30.5 114 55 -148 58 -89 -9 gamma -BHC (Lindane) 26.7 28.6 107 56 -142 60 -57 -1 Dieldrin 26.7 29.7 111 55 -136 72 -54-8 4,4' -DDD 26.7 30.4 114 56 -139 72 -55 -9 4,4' -DDE 26.7 32.2 121 55 -140 50 -29 -3 4,4'-DDT 26.7 29.6 111 50 -146 72 -20 -8 Endrin 26.7 26.8 101 48 -143 1031 -07 -8 Endosulfan sulfate 26.7 31.3 117 56 -143 7421 -93 -4 Endrin aldehyde 26.7 29.0 109 29 -176 53494 -70 -5 Endrin ketone 26.7 30.1 113 62 -139 959 -98 -8 Endosulfan -I 26.7 29.9 112 49 -136 33213 -65 -9 Endosulfan-11 26.7 30.4 114 55 -134 76 -44 -8 Heptachlor 26.7 30.6 115 59 -141 1024 -57 -3 Heptachlor epoxide 26.7 30.9 116 59 -138 72 -43 -5 Methoxychlor 26.7 30.5 114 56 -148 CAS No. Surrogate Recoveries BSP Limits 877 -09 -8 Tetrachloro -m- xylene 106% 51 -149% 877 -09 -8 Tetrachloro -m- xylene 106 % 51 -149% 2051 -24-3 Decachlorobiphenyl 114% 41 -162% 205 1 -24-3 Decachlorobiphenyl 111% 41 -162% * = Outside of Control Limits. N j ME 25 of 26 E ACCUTEST. D38640 ••' "• `" •• Matrix Spike /Matrix Spike Duplicate Summary Page I of 1 Job Number: D38640 Account: WEIICOB Weiland Inc. Project: 5801 W 38th Ave ;ample File ID DF Analyzed By Prep Date Prep Batch Analytical Bata )P6633 -MS EE097414.13 1 09/25/12 TR 09/14/12 OP6633 GEE525 )1'6633 -MSD EE097415.1) 1 09/25/12 TR 09/14/12 OP6633 GEE525 )38640 -1 EE097416. D 1 09/25/12 TR 09/14/12 OP6633 GEE525 The QC reported here applies to the following samples: Method: SW846 8081 A D38640 -1, D38640 -2, D38640 -3, D38640 -4, D38640 -5, D38640 -6, D38640 -7, D38640 -8, D38640 -9, D38640 -10, D38640 -11 CAS No. Surrogate Recoveries 877 -09 -8 Tel rachloro- m- xylene D38640 -1 Spike MS MS MSD MSD 97% Limits CAS No. Compound ug/kg Q ug/kg ug/kg % ug/kg % RPD Rec/RPD 309 -00 -2 Aldrin ND 27.5 26.1 95 27.1 99 4 23- 171/30 5103 -71 -9 alpha - Chlordane ND 27.5 29.4 107 31.3 114 6 24- 173/30 5103 -74-2 gamma- Chlordane ND 27.5 29.6 108 31.6 115 7 25- 170/30 319 -84-6 alpha -BHC ND 27.5 26.5 97 26.9 98 1 10- 184/30 319 -85 -7 beta -BHC ND 27.5 29.3 107 31.1 114 6 20- 183/30 319 -86 -8 delta -BHC ND 27.5 30.7 112 32.1 117 4 10- 200/30 58 -89 -9 gamma -BHC (Lindane) ND 27.5 28.3 103 28.9 106 2 22- 170/30 60 -57 -1 Dieldrin 0.48 J 27.5 30.6 110 32.7 118 7 10- 186/30 72 -54-8 4,4' -DDD ND 27.5 30.9 113 33.1 121 7 26- 166/30 72 -55 -9 4,4' -DDE 1.8 27.5 33.8 117 36.0 125 6 19- 172/30 50 -29 -3 4,4'-DDT 0.89 27.5 31.6 112 34.3 122 8 29- 156/30 72 -20 -8 Endrin ND 27.5 27.8 101 29.7 108 7 21- 172/30 1031 -07 -8 Endosulfan sulfate ND 27.5 31.6 115 34.6 126 9 14- 175/30 7421 -93 -4 Endrin aldehyde ND 27.5 31.2 114 33.5 122 7 10- 196/30 53494 -70 -5 Endrin ketone ND 27.5 30.0 109 32.9 120 9 34- 160/30 959 -98 -8 Endosulfan -I ND 27.5 29.8 109 31.6 115 6 10- 177/30 33213 -65 -9 Endosulfan -11 ND 27.5 30.6 111 33.7 123 10 10- 177/30 76 -44 -8 Heptachlor ND 27.5 30.7 112 31.7 116 3 29- 169/30 1024 -57 -3 Heptachlor epoxide ND 27.5 30.5 111 32.2 118 5 18- 176/30 72 -43 -5 Methoxychlor ND 27.5 31.3 114 34.3 125 9 22- 183/30 CAS No. Surrogate Recoveries 877 -09 -8 Tel rachloro- m- xylene 877 -09 -8 Tetrachloro -m- xylene 2051 -24-3 Decachlorobiphenyl 2051 -24-3 Decachlorobiphenyl MS MSD D38640 -1 Limits 103% 103% 106% 51 -149% 97% 100% 103% 51 -149% 109% 117% 118% 41 -162% 106% 112% 116% 41 -162% * = Outside of Control Limits. v, w ■■ ■ .At- D38640 MIMOM Wheat Ridge Community velnp +ant Department ' PRE-APPLICATION MEETING SUMMARY Specific Site Location: 5801 W. 38"' A venue Existing Zoning: Residential-Three (R-3) Existing Comp. Flan; Neighborhood Will a neighborhood meeting need to be held prior to application submittal? If the applicant pursues a zone change, a neighborhood meeting will be required. If the applicant pursues a planned building group application, a neighborhood meeting will not be required. This is further discussed below. Planning comments: The following items were discussed based on the applicant's proposal: Zoning `l "lie property is zoned Residential-Three ( -) a zone district established to provide high quality, safe, quiet and stable medium to high - density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium to high- density residential character. N to establish any necessary easements. because the road bisects the property to connect to Fenton and W. 39 place, the dedication will effectively subdivide the property into two lots ---- -a larger lotto the southeast and a smaller lot in the northwest corner. Two public hearings are required for plats with public dedication, and the process is further described blow. Staff is willing to process the development as a Planned Building Group, assuming each lot can meet the 12 unit per acre density standard. The two options are outlined b l w. C tic�n 1. - -.e nest �'lanr�ed 13uildrt ru Request Subdivision with Planned Building Group to allow multiple structures on hits zoned R-3 Result Standards Process` 0 I M CrossSection L2: 214t* L66AS ii Draineige The property is relatively flat and the applicant has proposed using landscaping for water quality features and porous pavers in parking areas. The City does not typically allow retention ponds but would allow an infiltration pond. If needed, a storm sewer inlet is located at W. 40"' Avenue and Fenton and storm water could be piped from the site. M drainage report will be required as part o the land use applications. If applications are submitted separately, a preliminary drainage report will be needed as part of the OOP or PPG application. final drainage report will be required when the subdivision application is submitted. m City of - �'�� - 'Wh6atRoge P LIC WORKS City of Reheat Ridge Municipal Building 7500 W. 29'�'Ave, Wheat Ridge, CO 80033-8001 P: 303235.2861 l' 303235.2857 December 13, 2012 tp � e- Aication Mlecting 5801 W. 38' Avenue (in Carnatican) Public WorksReauire cents . The following documents will need to be submitted for review and approval with the Final Plat Application. Please note the Public Works submittal requirements in RED: Dec � Wo � E f» «f ? ADDITIONAL REOUIRE \ ƒk mG ...: .. gywa Al _ a MIM • - December 13, 2012 Page 3 NOTES: 1. Information: Infionnation pertaining to the Public Works development requirements, land surveying, platting. and ROW information, as well as the City's Standard Street Construction, and Stormwater/Erosion Control Details are available on the City of Wheat Ridge, website at: N Please be advised that submittals will not be considered as being under review until such time as all required items have been received by the City. Nvw�sxi.N% hestridge,coms City of Wheat Ridge Community Development Dept Attn: Lauren Mikulak Date: December 3, 2012 Scheduled development review: December 13, 2012 Re: Pre-Application I Urban Green Development, LLC I Project Narrative Project Name: inCarnation 5801 w 38th Ave, Wheat Ridge, CO The project will consist of 25 new residential residences, in the form of 8 single families, 2 duplexes, 1, set of 6 row houses and I set of 7 row houses. The homes will be designed to the Urban Green Development building standard. The design principles we pursue are: UGD has a reputation for building high quality sustainable home that are built to be affordable to buy service and maintain. We look forward to bringing out talants to Wheat Ridge. Specific questions for Staff We previously met with Lauren and transportation and a lot of our questions were answered informally however we would submit the following questions prefaced with an understanding of our schedule. We want to start building houses in the Spring. We intend to put in the infrastructure, and start on the first 6 houses by April of 2013. What steps do we need to take to get there. What approvals are required for this process start to finish? What is the process for the site plan review and does staff feel that our plan is supportable? We presume that, once the site plan is approved we can begin to design the infrastructure, what is the process for submitting for an infrastructure permit including sewer, water, electric, gas, cable, streets and sidewalks? Do we need to have public hearings and neighborhood meetings? T U E infofts-arch,com, CN I 50 - 777 fl public private Hatch indicates rd 3 story Rowhomes M 2 story yard ya Hatch indicates M= • a I 311m Em N w Issue Date DM RM 09/14/12 m Adk A B AU PGS 1 $11.00 DF $0 Electronically Recorded Jefferson County Pam Anderson, Clerk and Recorder T 1000 N M"NQ 'OF MEMBERS OF INCARNATION CSC U TO PROVIDE -UNANMOO CONSENT j , " 2. Scott K je ft m ol,�b C ompany, i U4 difedtO O d to uithase the' prope lQq.4e ereb AWWA� Othrized , 4 at: y .90212-7146 f Oureha$e 5801 W 38th, Ave W heatndg CO, , or price of. F07U,-R ,H ($400,000;00)� TROUSAND DOLLARS Approvpd 1) A,-jj M Oj% b kf . IM CTreen DOveIopM=4'LLC, Member of ''AK PIPPertY, LLC fa v TAK� N AT which has the address of 5801 W. 38 Ave., Wheat Ridge, CO 90212 -7146 (Pro erty Address), together with all its appurtenances (property). I Lender: 2. Note; Other Obligations Secured. This Deed of Traq is given to secure to DFFD Or TRUST (Transfer-Strict) Page I of 8 (a) any general or special taxes or ditch or water assessments levied or accruing against the Property; DEED OF TRUST (Transfer-Strict) Page 3 of 8 (g) such other is and expenses which may be authorized by a court of competent jurisdiction. Borrower hereby assigns to Lender any right Borrower may have by reason of any prior, encumbrance on the Property or by law or otherwise to cute any default under said prior encumbrance. If the Property is abandoned by Borrower, or if, atternotice by Lender to Borrower that the condemnor offers • make an award or settle a claim for dain, ages, Borrower fails to respond to Lender within 30 days after the date such notice is given, Lender is authorized to collect and ,apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the Sums secured by this Deed of Trust. DFED OF TRUST (Transrer-Strict) Page 4 of 8 A Lender's option, all of the'sums secured by this #«< , < shall be immediately due and payable (Acceleration). To exercise this option, Lender may invoke the power of sale and any .other remedies permitted by law, Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Deed of Trust, including, but not limited to, reasonable attorney's fees. Trustee shall apply the proceeds of the sale in the following order. (1) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee"s ©! attorney's fees and costs of title evidence-, (b) to'all sums secured bythis Deed of Trust; and (c) the excess, °z , to the person or « < » » : m w entitled thereto. I I - 7 Ing a ME Turpurty navc 1 as they become ue and payable. renis of the Property including those ILast due- 11 reiits c* , flected. zyjj rz Am k P- m pm �a. 22. Waiver of Exemptions. Borrower hereby waives all right of homestead and any other e 23. 'Escrow Funds for Taxes. Borrower to pa'y Property taxes directly tot a authority. (a) All sums secured by this Deed of Trust shall become immediately due and payable (Acceleration). be estopped therefrom by - virtue thereof The 'issuance on behalf of the Under of a routi 25. Borrower's Copy. Borrower acknowledges receipt of a copy of the Note and this Deed of Trust. 26. No Subordinate Liens. It is expressly acknowledged and agreed that Borrower shall not create, nor allow to be created, any lien that is junior or subordinate to this Deed of Trust. Any creation of a junior or subordinate lien that is subordinate to this Deed of Trust shall be an event of Default hereunder. STATE OF COLORADO )ss. COUNFY OF a4 The foregoing instrument was acknowledged before me this ZJ 74-4 day of 2012 by Scott Kiere as Manager of INCARNATION CSC, LLC. My commission expires- Notary Public V, Ahil- DEFDOFTROST(Transfer-Stract) Page 8 of 8 • PlEITI[Tool It I rVenture3, LLC hereby releases'its recorded interest in the Contract to Buy,afid Sel t Real Estate recorded on September 14, 2012 at Reception No. 2012098274 in the records of the Jefferson , County Clerk and Recorder. B co ge STATE OF COLORADO Witness my hand and official seal. MHUM The Granter shalt and sell I WARRANT AND FOREVER DEFEND the above - bargained premises in the quiet and peaceable Possession of tile Grantee. Eais heirs and ihas� against all and every person or persons [awfu cia #martg the �uhcrlc or and part genders. thereof. T# e &insular number shall include the plu the pleseat tkc singular, and the ta"- ofany Sender shall be applicable to all IN WITNESS Il RLOp", the grautOr has executed this decd on the date set forth above. a .Uel C hR rr #sor . STATE OF COLORADO COUNTY OF YAHOO as. 6%k, URBAN GRE E I would like to take this opportunity to introduce you to InCarnation CSC a "Conscientious, Sustainable Community" The project is a 2.6 acre infill site zoned R3 that has a few unique characteristics. You will see from the survey that the project is bordered on the North by Fenton Court and on the West by West 39 Place. There is an interesting pan handle that comprises .25 acres that extends from the property to the South all the way to 38 We intend to develop the land with a mix of homes including single family, patio homes and row homes in a mix we feel is appropriate for the market. Our intent is to develop the project by right and we are not asking for any variances to the land use code. This application serves two purposes, first the minor subdivision which is the process the city uses to accept public dedications for the road and second a PBG application to approve the site plan. City staff has been very helpful and encouraging in guiding us through this application process. They have indicated that this project is right in line with the best interests of the city and the community. This project fills some gaps for the city with regard to fire protection and infrastructure patterns not to mention cleaning up a significantly contaminated site. We would like the city to waive our park fees in lieu of us creating a pedestrian connection between the project and 38 street. This will facilitate the walkability of the site and encourage the residents to interact with the commercial elements along 38 This project brings new blood to the city of Wheat Ridge which should facilitate the improvements of the commercial properties along 38 This is the right project at the right time. Even though the PBG does not require a neighborhood meeting it is our intention to host a meeting on the site with the neighbors during the third week in April. We look forward to working through the details of the project with staff, planning board and council. Best Regards The Staff at Urban Green Development 621 17th Street Suite 1777 Denver, CO 80293 -0621 303.UGD.1000 303.284.2871 UrbanGreenDevelopments.com URBAN [SR E o E E N A Green, Affordable, Urban Real Estate Development Company. Executive Summary Contents BusinessDescription: ................................................................................................................................... 2 Urban Green Development's Management Team: ..................................................................................... 2 MarketOpportunity: ................................................................................................................................... 3 Examples of Current Projects: ..................................................................................................................... 4 FinancialModel Elements: ........................................................................................................................... 5 621 17th Street, Suite 1777 Denver, CO 80293 -0621 T 303 - 284 -2607 F 303 -827 -2453 www.UrbanGreenDevelopments.com Urban Green Development, LLC Business Description: Urban Green Development, LLC, creates, designs and develops smart, environmentally responsible real estate projects. We specialize in building modern, urban, green, affordable and energy- efficient residential units and mixed -use projects. We primarily focus on previously developed land and infill locations to create a long -term positive economic impact on the community while remaining committed to minimizing the impact to the environment. We make a positive, sustained difference to the homeowners who buy our homes, the businesses who occupy our commercial spaces and the communities and environment in which we build and live. To ensure efficient processes we operate under a pragmatic business model that includes five steps: 1.) determine the highest and best use of the land, once acquired; 2.) determine the market value of the product created and the rate of absorption; 3.) determine the actual cost to create the development; 4.) select a proven build partner; 5.) and finally, development. Urban Green Development's Management Team: Urban Green Development, LLC is a consciously aligned team of real estate developers, social entrepreneurs and financiers, united by our belief that business has a responsibility to actively effect positive change in the communities in which we operate by managing profitable projects in partnership with the environment and community. We have more than 80 years of combined experience, and accept nothing less than above the highest standard in everything we do. We are fast becoming the standard for green, affordable, urban real estate development throughout the Denver metro area. Julie is co- founder & manager of evolutionary Green Holdings— the strategic business development and in- vestment company —that owns Urban Green Develop- ment. She is committed to building eVolutionary's in- vestment portfolio with innovative companies focused on environmentally sustainable products, services, technolo- gies and real estate development processes. Julie Preger, Principal ti Scott successfully leads the Urban Green Development team with practical wisdom and pragmatic business growth strategies. Beyond the walls of Urban Green De- velopment, he has helped companies across a variety of _ industries strategically grow using Decision Mapping®-- a reliable, predictive map of customers' decision processes. Scott is a champion for using business as a means to make the world a better place to live and raise children. Scott Kiere, Principal, President & CEO Mark has been in real estate since 1984 and has led many innovative and successful ventures, including founding LaserTag ®, and has a diverse portfolio of successful de- velopment projects to his credit in Boulder, including Rugby Row Condominiums, 820 Pearl Street & NoBo. As a result of his results- driven development processes, Mark has been the go -to -guy for tough development projects throughout Denver Metro. Mark Young, Development Advisor P i r.. Keith has a passion for sustainable real estate develop- ment and his portfolio is equipped with many EnergyStar and Leadership in Energy and Environmental Design (LEED) projects. With more than 15 years of managing and executing profitable real estate projects – from ac- quisition to land use, and design to project delivery – Keith is committed to developing energy efficient, green projects that leave a minimal carbon footprint. Keith Gallegos, VP of Construction Management w � Rachel Gallegos, VP of MKTG & Communications Market Opportunity: Rachel has more than ten years of marketing and real estate experience. She is committed to understanding the continual growth and evolution of the markets she works in. She has the ability to spot what is up and coming, de- fine current marketing trends, and tune into the needs of the local real estate market. Rachel has a Bachelor of Sci- ence in Business Administration, the National Association of Realtors GREEN designation, EcoBroker certification, and LEED Green Associate accreditation. The Denver -area housing market has remained strong, demonstrating a 6.7 percent year- over -year gain in Sep- tember 2012, the largest percentage jump in almost 11 years, according to the closely watched Case - Shiller report. Denver housing inventory is down 30 percent compared to 35 percent, one year ago. Denver has proven to be a solid market that attracts high paying jobs —this combined with low inventory and rising selling prices, creates a need for new housing starts in Denver. We only expect the demand for the Urban Green product to grow, as we continue to meet and exceed market expectations. While many clients may be first drawn to Urban Green Development for reasons of principle, they also find that buying a home that is energy efficient, priced fairly at market and built with green building materials makes sense economically, for both buyer and builder. Green homes can substantially cut energy and maintenance costs while at the same time increasing the comfort and health for those who inhabit it. Urban Green Development, LLC Examples of Current Projects: 4520 Irving St Denver CO 4520 Irving was handed off to the builder and successfully built in just over in 156, after an original 151 day build schedule and the project was completed under budget. The key success of this project is that it is emblematic of our switch from a r builder model to our current development model. The partnership with DIRC Homes /MPConstruction proved to be exceptional build partner. 3634 Navajo 3634 -36 Navajo Street Art District Lofts has been - through the evaluation process and the a development process and are set to break ground in t1 Q3 2013. 1 840 Union 840 Union Boulder CO — Single- family residence will go to market at by Summer 2013. L Financial Model Elements: With just about $2.5 million in revenue produced in 2012, UGD is projected to more than double its overall revenue in 2013 with much greater efficiency turning gross revenue into operating cash; and to more than triple it in 2014, based upon this new development model.* *Financials available upon request. Urban Green Development's development financial model is fiscally sound, architecturally creative and environmentally sustainable, which is core to our ongoing success. Indigo Way— 5 Single- family homes in North Boulder - SIT PLAN v'• MODENA ESTATES currently in the final entitlement phase. OU aw r=- ::: E _ WESTER _ �q .W VAC inCarnation in Carnation CSC, a 25 unit Single - family /Duplex /Rowhomes - Conscious Sustainable Community (CSC), has completed the evaluation process and is in development. We are in the process of entitling in I Carnation CSC with the City of a` -`;� �� • * 5 s Wheat Ridge. The architect has been selected, as has the build partner (DIRC /MPC). All that is left is to choose which banker to work with on this project. 1✓ ��� �'_ This project will be ready for construction in early to .` .0 �� '• mid Q2 2013. Financial Model Elements: With just about $2.5 million in revenue produced in 2012, UGD is projected to more than double its overall revenue in 2013 with much greater efficiency turning gross revenue into operating cash; and to more than triple it in 2014, based upon this new development model.* *Financials available upon request. Urban Green Development's development financial model is fiscally sound, architecturally creative and environmentally sustainable, which is core to our ongoing success. City of Wh6atl?,id2e v1UNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29` Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 NOTICE TO MINERAL ESTATE OWNERS APPLICANTS: You must submit this completed form to the Community Development Department no later than ten (10) days before the public hearing on your application. Failure to complete and submit this Certification of Notice shall constitute sufficient grounds to reschedule your public hearing. as of /with /11 dAV n a - W, CIS. UZI (Print name) (Position/Job Title) (Entity applying for permit/approval) (hereinafter, referred to as the "Applicant "), do hereby certify that notice of the application for - P&6 t �&Ap'05' i , set for public hearing on (Describe type of application) 20_, has been sent to all mineral estate owners at least thirty (30) days before the public hearing, as required by § 24- 65.5 - 103(1), C.R.S., or, in the alternative, that the records of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion of the property subject to the above referenced application. ❑ Check here if there are no mineral estate owners of any portion of the subject property. I hereby further certify that I am authorized by the Applicant to make representations contained herein and act as the Applicant's agent for purposes of this Certificate of Notice and bind the Applicant to these representations by my signature below. Dated this _ 7 day of lUeW&A , 20/,3 By: (�:;7� imi"1101 T 1AX - '17(Al (;1:1rIMIC4 30.0' 13.8' W I W N U 0 Z W O w 1 U z z wo J 0 �� Z Z- 1 Q n HZ O 0 CONCRETE PAD 0 U N O 18.6' PUMP HOUSE / DILAPITATED r\ i� P 'd 18.7' 148.3' II I 108.2' tea- -o 6' WOOD FENCE 9 9.2' 0' 50' 100' SCALE: 1" = 50' IMPROVEMENT LOCATION CERTIFICATE SURVEYOR'S CERTIFICATION I HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS PREPARED FOR AMERICAN TITLE SERVICES AND THAT IT IS NOT A LAND SURVEY PLAT, AND THAT IT IS NOT TO BE RELIED UPON FOR THE ESTABLISHMENT OF FENCE BUILDING, OR OTHER FUTURE IMPROVEMENT LINES.I FURTHER CERTIFY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE 6/19/2012 EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISE, BY IMPROVEMENTS ON ANY ADJOINING PREMISE, AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL. RODNEY H. MAXWELL, COLORADO P.L.S 38083 6' WOOD FENCE W- 38THAVE WOOD SHED 2116� to . c 102' .n 50.1 78.1' 1 STORY BRICK STRUCTURE , ', 25,5' - ,q o 1 STORY RESIDENCE 3.7 ' '11.2 ' 49.6 81.4' � b N ' a � 131.0• of 3.0' 6 4f Helfa i i F ,. Li U Z W O 0 3 is ALL PROPERTY DISTANCES AND EASEMENTS WERE OBTAINED FROM THE OFFICIAL RECORDED DEED REC. NO. 2009129338 AS RECORDED IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE. NO OTHER DOCUMENTS WERE PROVIDED TO THE SURVEYOR. OWNERSHIP OF FENCES NOT DETERMINED BY THE SURVEYOR. ILC BASED ON LINES OF OCCUPATION AND A SURVEY IS RECOMMENDED. PROPERTY ADDRESS: 5801 W. 38th Ave. Wheatridge, Co 80212 LEGAL DESCRIPTION: E HALF NW 1/4, SW 1/4, SEC. 24, TS3, R69W OF THE 6TH P.M., EXCEPTING THE NORTH 340' THEREOF; TOGETHER WITH THE WEST 5' OF LOT OR BLOCK 33, STEWART GARDENS AND TOGETHER WITH THE E. 16.5' OF THE SW j SW } SE j OF SAID SEC. 24; TOGETHER WITH ALL WATER AND DITCH RIGHTS BELONGING OR APPERTAINING TO THE ABOVE DESCRIBED LAND, JEFFERSON COUNTY, COLORADO r PREPARED FOR: GreenSpot Real Estate Tracye Herrington 1654 Grant SL Denver, CO 80203 DATE PREPARED: P.O. BOX 181551 DRAWN BY: 6/20/2012 DENVER, CO 80218 1 A. SAMPSON, LSI 303.668.7540 A1305 Date Received 12013 Related Cases MS-13-02 6 PBG 1 Case Plerrrta Redced #r:&W/W4fiWA* rr Aame I Urban GreenDevelopmen I Name Pin O Address 1621 17th SL _� Cray IDw,,w Stale ® ZIP OffnWAslbrta flAiW Name InCarnetion I Name Phone (303) 8431000 Address MAIL St city Denver 7 Stale ® ZIP CarNac/ 1WAWsalkZff Name Keith Gallegos Name PI a I (720) 4042786 Address 621 17th St. Gar Denver State ® Z4� 80293 - FVI7Acf 1AAWatediaa Address 5801 W. Street LthAve Ctily at Ridge State W1 Zip 80233 Location Description Project Name arcel No Qtr Section t W Parrxl Na 3924499001 Qtr Section SE24 District Na: [111 3924499001 SE24 II . – Pre-App Date 12/13/2012' Neighborhood Meeting Date App No: APP1244 Review Type Review Body Review Date Dispos4ion I Pu Heari WSJ PC L.] 5/16/2013 meport J I Public Hearing — F M ] CC 0 6/10/2013 7 Case Disposition Conditions of Approval Res # i Ord # t Disposition Date _ J Comments a 0 0 'r. Notes Status IOPen ,,, Staaw 301 Date Receive M Related Cases MS1 002 Can Manner Redcert J building group in R -3 Mill GreenD evelopmen Name r7tk c* Phone City Denver State CO Zip [8M3. �ster9lrse: carnation C.S.C., LLC Name M 17th St I City Denver Phone (303) 843.1000 State Zp 80293- Keith Gallegos Name _ Phone 1720) 404.2786 ess 6 17th St City [Denver State C J Zp 80293 re*cf /ffAV"JV*W Address 5801 W Street �381hAve _ Ctty WFteat Ridge State CO Zip Location Description Project Name Incarnati Parcel No Oft S ection District No 3924499001 II Pawel No 39.244 -99-M Qtr Section: SE24 DW4ictNa: II Hessirlrrn Pre -App Date [ 12/13 /2012 Neighborhood Meeting Date App No: APP12 Review Type Review Body Review Date Disposition Comments Report PC IF=] 0 d L 0 � D+sprrsifizrfr Case Disposition DootbonDate L Conditions of Approval Notes Status Open Res # Ord 11 Storage . I j Case No. MS1302 Date Received 3/7/2013 Related Cases PBG1301 Case Descriptior 2 -lot subdivision with rght -ol -way dedication Case Planner Reckert AOP& I nAWAWWM Review Body Review Date Disposition Name F U&IjiGreenDevebpmenj Nam L �--� Phone Address 62 17th Str eet - - City Denver State CO Zip 80 amv&-f 1IiAwzw&w - O Name Inc arnation C.S.C., LLC Name f Phone (3 031843-100D Address 62 117th Street City Dower State Zp C"Wt IAAWAWV* r► Name Keith Gelegos — � Name Phone (720) 404 -2786 Address 6 17th Street City Denver State CO Zip 80293 - Address `5801 W Street 38th Ave City Wheat Ridge State CO Zip 60233 (� Location Description Project Name Incamation Parcel No Qtr Section District No Parcel No. r 9.2 99001 Qtr Section: � District No.: II 3924499001 SE24 II i SE Resa�rs Pre,A,pp Date 12/13/2012 Neighborhood Meeting Date App No: AFFI244 Review Type Review Body Review Date Disposition Comments Report �--� �PC - O � D v� Case Disposition Disposition Date Conditions of Approval Res # Ord # Notes I Status Open 0 Storage: � A-e City of ' WheatRc LAND USE CASE PROCESSING A Community Development Depart 7500 West 29 Avenue • Wheat Ridge, CO 80033 (Please print or type all information) Applicant V/ A e P'V 66d syr P� Address 5Ay, p Aj (�Q City (r e,-5-C- T — State Zip_ Owner LA Ca. rn A 6Y! I ' 1 ' G Address ! 2l / 7 7z ik City Denvw State Co Zip CITY OF WHEAT RIDGE 03/67/13 2 :48 PM cdba Incarnation, CSC RECEIPT NO:CDA008327 AMOUNT FMSD ZONING REIMBURSEMENT 450.00 ZREIM FMSD ZONING APPLICATION F 2,240.60 ZONE PAYMENT RECEIVED AMOUNT C1{ 1610 2,638.00 TOTAL c,690.06 Contact k I tTfA t{s Address &2( /7 .► , ... 7s City .l u v—�C / State ('o Zip 60 93 Fax 3o3 - d8 N oV 7/ (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address): S 8 o l w 3 9 7z Type of action requested (check one or more of the actions listed below which pertain to your request): Application submittal requirements on reverse side T�\ d a j tnfi f O Change of zone or zone conditions O Special Use Permit ffi( Subdivision: Minor (5 lots or less) • Consolidation Plat 0 Conditional Use Permit O Subdivision: Major (More than 5 lots) • Flood Plain Special Exception )F Site Plan approval O Temporary Use, Building, Sign • Lot Line Adjustment 0 Concept Plan approval 0 Variance /Waiver (from Section ) Planned Building Group 0 Right of Way Vacation O Other: Detailed description of request: Required information: _ Assessors Parcel Number: Current Zoning: R- - - 3 Current Use: -FTk V,2366l ? v Size of Lot (acres or square footage): Proposed Zoning: r o r.Lwo�,cJ Proposed Use: yti i,t,t H I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power -of- attorney from the y)wner which approved of this action on his behalf. Signature of Applicant JOANN S. SANDOW NOTARY PUBLIC STATE OF COLORADO NOTARY ID 1987417721 - To be filled out by staff: m Date received Comp Plan Desig. Related Case No. Subscribed and sworn to me this � day of At tl cJ� , 20� otary Pivic My commission expires �/ / 31 Fee $ Receipt No. Pre -App Mtg. Date Case No. Quarter Section Map Case Manager 25 AereJ OWNER'S CERTIFICATE WE, INCARNATION CSC, LLC, BEING THE OWNER OF REAL PROPERTY CONTAINING ±2.506 ACRES DESCRIBED AS FOLLOWS: DESCRIPTION: A PARCEL OF LAND BEING THAT SAME PARCEL OF LAND REFERRED TO IN WARRANTY DEED RECORDED AT RECEPTION NUMBER 2012129771 RECORDED AT THE JEFFERSON COUNTY CLERK AND RECORDERS OFFICE, SITUATE WITHIN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SAID NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION 24;THENCE ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION 24, NORTH 89 1 58'46" EAST A DISANCE OF THE SOUTHWEST9CORNERTOF T AUDREY SUBDIVISION SA NORTH PLAT 1 T BOOK 0 0 - 1 6' 1 9" 9, E A DISTANCE OF RECORDED AT THE JEFFERSON 0 JEFFFERSON COUNTY CLERK AND RECORDER'S OFFICE AND THE POINT OF BEGINNING; THENCE ALONG THE SOUTH LINE OF SAID AUDREY SUBDIVISION AND A LINE 340 FEET SOUTH OF AND PARALLEL WITH SAID NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION 24 NORTH 89 °58'46" EAST A DISTANCE OF 322.69 FEET TO THE SOUTHEAST CORNER OF SAID AUDREY SUBDIVISION AND A POINT ON THE WEST LINE OF LOT 36, STEWART GARDENS, RECORDED IN PLAT BOOK 4, PAGE 23, SAID CLERK AND RECORDER'S OFFICE; THENCE SOUTH 00 °16'33" EAST A DISTANCE OF 25.14 FEET TO THE NORTHWEST CORNER OF LOT 33, SAID STEWART GARDENS; THENCE ALONG THE NORTH LINE OF SAID LOT 33, SOUTH 89 °59'57" EAST A DISTANCE OF 5.00 FEET; THENCE SOUTH 00'16'33" EAST, 5 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID LOT 33, A DISTANCE OF 148.50 FEET; THENCE ALONG THE SOUTH LINE OF SAID LOT 33, NORTH 89 °59 WEST A DISTANCE OF 5.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 33; THENCE SOUTH 00 °16'33" EAST ALONG THE WEST LINE OF SAID STEWART GARDENS A DISTANCE OF 775.52 FEET TO THE SOUTHWEST CORNER OF SAID STEWART GARDENS AND A POINT 30 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER SAID `; CTION 24, ALSO BEING THE NORTHERLY RIGHT -OF -WAY LINE OF W. 38TH AVENUE; THENCE NORTH 89'59'57" WEST, ALONG SAD NORTHERLY RIGHT -OF -WAY LINE, 30 FEET NORTH OF AND PARALLEL WITH SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION 24, A DISTANCE OF 16.50 FEET; THENCE NORTH 00'16'33" WEST, PARALLEL WITH AND 16.50 FEET WEST OF SAID WEST LINE STEWART GARDENS, A DISTANCE OF 646.22 FEET TO THE NORTHEAST CORNER OF PLAT OF HOLLEY COURTS RECORDED IN BOOK 6, PAGE 69, SAID CLERK AND RECORDER'S OFFICE; THENCE ALONG THE NORTH LINE OF SAID PLAT OF HOLLEY COURTS S89 °58'46" WEST A DISTANCE OF 306.21 FEET TO THE SOUTHEAST CORNER OF SAID HARTUNG SUBDIVISION; THENCE ALONG THE EAST LINE OF SAID HARTUNG SUBDIVISION NORTH 00'16'19" WEST A DISTANCE OF 302.93 FEET TO SAID SOUTHWEST CORNER AUDREY SUBDIVISION AND THE POINT OF BEGINNING; CONTAINING ±109,159 SQUARE FEET OR ±2.506 ACRES, MORE OR LESS. HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF INCARNATION CSC, A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY THESE PRESENTS DO DEDICATE TO THE CITY OF WHEAT RIDGE AND THE PUBLIC THOSE PORTIONS OF REAL PROPERTY SHOWN AS RIGHT -OF -WAY, AND DO FURTHER DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND /OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, RE 1, AND REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT WATER SYSTEMS ITO AND PIPES, ELE LIGHTS WA D ALL APPURTENANCES HYDRANTS, STORM TENANCES THERETO SCOTT KIERE AS MANAGER OF INCARNATION CSC, LLC 621 17TH STREET #1777 DENVER, CO. 80293 STATE OF COLORADO ) SS COUNTY OF JEFFERSON 1 __ THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME "IIIS ---- DAY OF A.D. 20 - -_ BY------------------- WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRE NOTARY PUBLIC LIEN HOLDE TED KOUTSOUBOS STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME: THIS ---- DAY OF __.------- A.D. 20 - -- BY__ ____ _____ _ _ _____ WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIR=S: NOTARY PUBLIC PLANNING COMMISSION CERTIFICATION RECOMMENDED FOR APPROVAL THIS ----- DAY OF ------- --, BY THE WHEAT RIDGE PLANNING COMMISSION, CITY CERTIFICATION APPROVED THIS _ -__ DAY OF ------- ------ BY THE WHEAT RIDGE CITY COUNCIL. ATTEST CITY CLERK MAYOR COMMUNITY DEVELOPMENT DIRECTOR DIRECTOR OF PUBLIC WORKS w r STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) I HEREBY CERTIFY THAT THIS PLAT WAS FILED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO, AT - - -_ _ - -. .CLOCK -_e M. ON THE - -- DAY OF --------- _ _______. A.D., IN BOOK___, PAGE ------- RECEPTION itiEO.__ -___�_ _ JEFFERSON COUNTY CLERK AND RECORDER INCARNATION CSC SUBDIVISION INN A PORTION OF THE S I14 OF THE SE114 OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF TEI.E' 6TH P.M.o CIT'E'` OF HEA COUNTY JEFFERSON, STATE OF COLORAD SHEE O F 2 VICINITY MA NOT TQ - aCALE NW CORNER NWij4 sE1j4 BOUNDARY DETAIL SEC SCA �� SEC_ 24. 7.3S„ R.69W„ �1TH P.M. ..... L 1 r9 .._... GVO __... FOUND 3.25" ALUMINUM CAP — STAMPED PLS 6935 PER MONUMENT RECORD ACCEPTED 08/11/2002 N. LINE NE1 /4 5E7 /4 SEC. 24, POINT NO. 14909 T.3S., R.69W., 6TH P.M. N 708483.76 N. LIVE NW7 /4- SE1 /4 SEC. 24, T.3S., R.69W., 6TH P.M. E 123712.89 N89'58'27 "E 1323.86' _ _ _ N89'58'27 "E 1323.86' ®� NE CORNER NWI /4 SE1 /4 SEC. 24, T.3S R 6I)W., 6TH P.M. NE CORNER SE1 /4 n 4 a CALCULATED POSITION SEC. 24, T.3S., R.69W., 6TH P.M. v FOUND 3.25" BRASS CAP N w m Q' of STAMPED PLS 13212 rfi PER MONUMENT RECORD \a NW CORNER SWtf4 SE:1 /4 ACCEPTED 09/26/2005 w w SEC. 24, T.3S,. R.69W., 6TH P.M. POINT NO. 14901 FOUND 3" BRASS CAF N 708484.96 STAMPED PLS 26603 E 126360.61 w PER MONUMENT RECOPD +n SE CORNER NE1 /4SE1 /4 rd Z � Z - ACCEPTED 01/23/2003 a POINT OF COliMENCEMENT SE CORNER NW1 /4 SE1 /4 SEC. 24, T.3S.. R.69W., fiTH P.M. z PHAC 4 z � a SEC. 24, T.3S., R.69W., 6TH P.M. f CALCULATED POSITION a :5 r N - 710604.9 PHAC 3 Jr oI POINT N0. 160013 0 tj E - 109254.7 N -- 709091.89 z N 707164.03 CALCULATED POSITION E - 118902.87 E 923719.62 S81'05'13 "E 9766.06' N. LINE: SW1/4 SE1 /4 SEC. 24, 6.35., R.69W., 6TH P.M. N89 °58'466E 339.17` N89 "58 '46 "E 984. 52r I S89'58'35' "W 1323.94' S S5, 0 5. T., .6, 69W.E 24 c 75 28 \ J�'0j 00 POINT OF ( I a I " BEGINNING S�\ N 706824.16 ool I r I r sA\ °{ 24060.40 a -t� SOO'16'33 "E NNN���d 25.14' a '$3 9 N89'58'46 "E 322.69, S89* 9' 7 E z o �\ \ Q 6� 1 M Z �' N M N y � O 89 °59'57 "W N 497 \ pI 5.ao` v h Z? d Q 1 U 46 "W 306.2 �� 8958 �� 1 1 9n N 706621.23 I e v E 124061.84 �1` L w a ^ m ti � o =SET Na. 5 REAAR AND YELLOW PLASTIC CAP PLS 3'929 �I w Li z =FOUND MONUMENT AS NOTED q 1 I w =RIGHT OF WAY LINE � � =� z TE LINE ) I Lj I J Lj "�« ®= SECTION LINE 6 g = C:_NTER LINE t 1 -• = BOUNDARY LINE gj w R.69W., CORNER SWi /4 SE1 /4 M� E SE CORNER SW1 /4 SE1 /4 P.M. SEC. 24, T.3S SE CORNER SE1 f4 N rn t O SEC. 24, T.3S., R.69W., 6TH ., 9W., 6TH P.M. "> - SEC. 24, T.3S., R.69W. STAMPED PLS 73292 , 6TH P.M. o FOUND 3.25" BRASS CAP 1 a `'� _1 FOUND 3.25" BRASS CAP 0 I 0 D POSITICIN (s o STAMPED PlS 13272 °0 CALCULATE 00 PER MONUMENT RECORD PER MONUMENT RECORD z � 0 ACCEPTED 07/05/2006 I o ACCEPTED 08j04f21104 S S89'59'57 "W POINT NO. 15901 Pak NT N0. 15909 N 70 16.50` N 705854 S. LINE SWt /4 SE1 4 SEC. E 126373.93 E 12372E 79 30 0 15 30 60 N89'S9'S / 24, T.3S., R.69W., 6TH P.M. 1324.07' N89'S9'57 "W 1324.07' S. LINE SE1 /4SE1/4 SEC. 24, T.3S., R.69W., 6TH P.M. ORIGINAL SCALE: 1 " =30' STANDARD EASEMENTS TEN -FOOT (10') WIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL PUBLIC STREETS AND FRONT AND REAR PROPERTY LINES OF EACH LOT IN THE SUBDIVISION OR PLATTED AREA. FIVE -FOOT (5') WIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL SIDE LOT LINES OF EACH LOT IN THE SUBDIVISION OR PLATTED AREA. THE SIDE EASEMENTS ON LOT 1 ARE 7.5' WIDE. THESE EASEMENTS ARE DEDICATED FOR THE INSTALLATION, MAINTENANCE, AND REPLACEMENT OF ELECTRIC, GAS, TELEVISION CABLE, DRAINAGE AND TELECOMMUNICATIONS FACILITIES, UTILITIES SHALL ALSO BE PERMITTED WITHIN ANY ACCESS EASEMENTS AND PRIVATE STREETS IN THE INCARNATION CSC SUBDIVISION. PERMANENT STRUCTURES AND WATER METERS SHALL NOT BE PERMITTED WITHIN SAID UTILITY EASEMENTS. THE STORM DETENTION AREA HERE SHOWN AS "DRAINAGE AND DETENTION EASEMENT" SHALL BE CONSTRUCTED AND MAINTAINED BY THE OWNER AND SUBSEQUENT OWNERS, HEIRS, SUCCESSORS AND ASSIGNS, IN THE EVENT THAT SUCH CONSTRUCTION AND MAINTENANCE IS NOT PERFORMED BY SAID OWNER, THE CITY OF WHEAT RIDGE SHALL HAVE THE RIGHT TO ENTER SUCH AREA AND PERFORM NECESSARY WORK, THE COST OF WHICH SAID OWNER, HEIRS, SUCCESSORS, AND ASSIGNS AGREES TO PAY. NO BUILDING OR STRUCTURE WILL BE CONSTRUCTED IN THE DETENTION AREA AND NO CHANGES OR ALTERATIONS AFFECTING THE HYDRAULIC CHARACTERISTICS OF THE DETENTION AREA WILL BE MADE WITHOUT THE APPROVAL OF THE DIRECTOR OF PUBLIC WORKS. NOTES 1) DATE OF SURVEY: FEBRUARY 18, 2013. 2) AREA OF PROPERTY SURVEYED: ±109,159 SQUARE FEET OR ±2.506 ACRES. 3) NOTICE: ACCORDING TO COLORADO LAW, YOU JUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE THE CERTIFICATION SHOWN HEREON. 4) BASIS OF BEARINGS: THE WEST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION 24 BEARS SOUTH 00 °16'05' EAST A DISTANCE OF 1318.90 FEET BETWEEN A 3" BRASS CAP STAMPED PLS 26603 FOUND AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION 24 AND A 3.25" BRASS CAP STAMPED PLS 13212 FOUND AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION 24. 5) NOTICE: ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT, OR LAND BOUNDARY MONUMENT OR ACCESSORY, COMMITS A CLASS 2 MISDEMEANOR PURSUANT TO STATE STATUTE 18 -4 -508. 6) THE PURPOSE OF THIS MINOR SUBDIVISION PLAT IS TO CREATE A 2 LOT SUBDIVISION WITHIN THE PROPERTY LISTED IN WARRANTY DEED RECORDED AT RECEPTION NUMBER 2012129771, CREATE ACCESS FROM 391H AVENUE AND FENTON COURT, AND TO CREATE DRAINAGE AND UTILITY EASEMENTS ALONG THE BOUNDARY LINES OF LOTS 1 AND 2. 7) THE SUBJECT PROPERTY IS LOCATED WITHIN AN AREA HAVING A ZONE DESIGNATION "X" BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), ON FLOOD PLAIN MAP NO, 08059CO21BE, WITH A DATE OF IDENTIFICATION OF JUNE 17, 2003, FOR COMMUNITY N0, 080579 E, IN JEFFERSON COUNTY, STATE OF COLORADO, WHICH IS THE CURRENT FLOOD INSURANCE RATE MAP FOR THE COMMUNITY IN WHICH THE PROPERTY IS LOCATED. 8 ) THIS SURVEY DOES NOT CONSTI [UTE A TITLE SEARCH BY POWER SURVEYING COMPANY INC. FOR OWNERSHIP, RIGHTS OF WAY, AND EASEMENTS OF RECORD, POWER SURVEYING COMPANY INC. RELIED UPON AMERICAN TITLE SERVICES COMMITMENT NUMBER DC- 201 2 06 0 3 5SRSA HAVING AN EFFECTIVE DATE OF NOVEMBER 26, 2012 AT 7:45 A.M. FOR THIS INFORMATION. 9) PER COLORADO REVISED STATUTES SEC. 38 -51 -106 (L), ALL LINEAL UNITS DEPICTED ON THIS LAND SURVEY PLAT ARE U.S. SURVEY FEET. ONE METER EQUALS 39.37 DIVIDED BY 12 U.S. SURVEY FEET ACCORDING TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. 10) STREET RIGHT --OF -WAY MONUMENTS SHALL BE SET PRIOR TO FINAL LIFT OF ASPHALT PAVEMENT. MONUMENT HARD'W'ARE WILL BE PROVIDED BY THE CITY OF WHEAT RIDGE UPON REQUEST. 11) THE SUBJECT PROPERTY IS ZONED R -3 EXCEPT THE SOUTH 306' OF THE EASTERLY STRIP OF LOT 2 WHICH IS ZONED NC. 12) THE CURRENT CITY DATUM COORDINATE SYSTEM USED HEREIN IS A GROUND -BASED MODIFIED FORM OF THE NAD83J92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502. 13) VERTICAL DATUM USED IS THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88). 14) GROUND TO GRID COMBINED SCALE FACTOR IS 0.99974780300. SCALED FROM BASE POINT PHAC 1 (PERMANENT HIGH ACCURACY CONTROL POINT #1) HAVING THE FOLLOWING NAD83/92 STATE PLANE COORDINATES: PHAC 1: NORTHING: 1701258.75, EASTING: 3118217.58, ELEVATION: 5471.62. S 'ATEMENT OF ACCURACY TF- GEODETIC CONTROL DATA SHOWN HEREON HAS BEEN DERIVED FROM THE COLORADO COORDINATE SYSTEM OF 1983, CENTRAL ZONE 0502 AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.06, U.S. SURVEY FEET AT THE 95% CONFIDENCE LEVEL AS DEFINED IN THE GEOSPATIAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE (FGDC— STD -007.2 -1998) SURVEYOR`S CERTIFICATE I, RICHARD B. GABRIEL, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF THE FINAL PLAT OF INCARNATION CSC SUBDIVISION WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT ACCURATELY REPRESENTS SAID SURVEY. RICHARD B. GABRIEL COLORADO PLS 37929 FOR AND ON BEHALF OF POWER SURVEYING CO, INC. '.2 _12 IRE k. a. INCARNATION CSC SUBDI VISION FINAL PLAT BEING A PORTION OF THE SW> /4 OF THE SE1 /4 OF SECTION 24, TOWNSHIP 3 SOUTH, RANf.F 69 WEST OF THF. 6TH P-Af. fITY nF WHEAT R!n(:F f.'n7TNTV nP 1JPPJVJPPQnAr VirAIPP 1-v nP nJrnZ:)Ann SHEET 2 OF 2 S89 °59'57 °E 5.00' 0 !f! U I ILI I Y LAt�L-,:v EN I CHORD=97.6 EASEMENT 5' UTILITY EASEMENT Ln i Pi BEARING= 0 0 SW CORNER SW1/4SE1/4 LOT 2 LOT 31 ® 24, T.3S., R.69W., 6TH P.M. if Q0 N 45"00'07"E z Ld ±80�287 SQ. FT. c Lo 0 STAMPED PLS 13212 3: ±1.843 ACRES 0 m Ln > C) LOT 7 ACCEPTED 08/04/2004 3' UTILITY 0 Z'-NED R-3 0) 00 - M < EASEM ENT (D. 0 1 di MATCH LINE LLJ N 705845.14 z V) CL SEE DETAIL TO RIGHT E 123725.79 Lr) Ld Ln 00 i 0 as Lc) � 0 - ) ei c \ j Ln D 0 0 0 0 cr- (D cr- m z aaaxa� LOT 32 jv ZONED R-3 10 DRAINAGE & 10 DRAINAGE UTILITY EASEMENT UTILITY EASEMENT" 0 !f! Ld EASEMENT Ln i Pi 0 0 SW CORNER SW1/4SE1/4 3' U ITS EASE TILJ MENT a n LOT 31 ® 24, T.3S., R.69W., 6TH P.M. if Q0 Lo FOUND 3.252' BRASS CAP 0 STAMPED PLS 13212 CD 0 PER MONUMENT RECORD LOT 7 ACCEPTED 08/04/2004 3' UTILITY 0 POINT NO. 15909 EASEM ENT (D. 0 1 di MATCH LINE N 705845.14 z I vq SEE DETAIL TO RIGHT E 123725.79 i CT) C \ 4 o co C) 00 o wM LLJ < CL cy) C) rr LiJ offummosom MATCH LINE SEE DETAIL TO LEFT -PUBLIC PEDESTRIAN EASEMENT & PRIVATE ACCESS EASEMENT (SEE NOTE # 2) &N LOT 30 CN Ld c- 0 CD < < CD CL �-- ct� M < 3: 0 Li 0 m cn Ld Lo 0 0 0 0 cn z Ld c- 0 CD < < CD CL �-- ct� M < 3: 0 Li 0 m cn „ y ., - . m t , x .. ... .. -.... �;. ,.. .:. _:\ IM I ..w^ ., s:,. rzd 5....., _-, ,... 3..,...,., ... <- .. <,,,_._,. .>i ..,. ,- ... ->i•1, ... .... �, ,..,. �' .,., �, P,r;.:3s N.. _W. .Srv_. . of "Ro a N � , ti w ii :.wa• r-rr .. p *!i W.5 7 W CASE H f f _ t � 1 2 } 9.n? a- c {p (n A Lu .... .. (o } g � 4 w TH AVE (0 L4 -P`6 Y: ew PROJECT NAR t., , URBAN GREEN L T I I F c I SUSTAINABLE I I WITH PLANT MATERIALS THAT I LITTLE :,. ,. ILL � T COMMUN I 1 , T LI_ z T I L S1 TE F IRM ' S F F ALL L, 41 �.... —INSTALL LOW WATER HE THE ARCHITECTURE IS SIMPLE YE, DELIBERATEL , �LANNED. THESE T I +nsar HOUSES ARE SUS TAINABLE I TLS I FE MATER IALS BUILD LLI 0 LL- ,f REQU IRING LESS ENERGY T O O(CUPY. THE MASSING, IS EFFICIENT WITH PASSIVE ' SO LAR 4�x. TI LI HTI � � INTERIORS T I z 0 x MU LTI —USE WITHOUT I CEILING SLEEPING IT tr IL TERI STI C THE WINTER TH WHILE TI NG PROPERLY FOR THE T. CA TI COOLING I L TI I E MONTHS. I T STRATEGICALLY L I S HADE AND TREE THE T I EALING TO THE MA SES, WITH FRESH AND BOLD L TUBE DAYLIGHTI CO LORS T T I LL PLANNED. LOWER PITCHE F T —INSTALL COST EFFE AUTOMAT LIGHTING T L rF F C F L r. I H H I T I L �> , THERMOSTATS I T AUTOMATED SYST I TALL L H T L 3 9T H —LOW E GLAZI INSU LATION. 1 L T L� ILI I WASTEFUL. IT L Li MATERI F MATERIALS. THE Y F H I T I I CONTRACTORS TO RECYCLE CONSTRUCTION I L MA TERIALS AND MAI T FROM INTRINSIC TH l ' —INITIATE NEI GHBORHOOD WIDE RECYCLI - INVESTIGATE AND BUY LOCAL MATE WHENEVER POSSIBL SUS TAINABILITY PROGRAM —INVESTIGATE L T I L POSSIBL W 8TH AVE RAPIDLY E LE MATERIALS WHENEVER POSSIBLE DEVE LOPMENT. WE AS DESIGN F_ I L L T MAKE DO ING SURE WE ARE I POSSIBLY TO LOWER OUR IMPACT ON INDOOR AIR QUALIT THE ENVIRONMENT AND THE ENERGY H IS RE TO HEAT/COOL NO OR LOW VOC ADHESIVES PAINT BU ILDINGS. H GLOBAL SHIFT TOWARDS CREATING I T LL RADON VENT CONSC IOUS I L I a BELOW ARE THE GOALS F; H L T TO CREATE —MONITOR I CONS CIOUS T I T: —LIMIT COMPOSITE MATERIALS WITH L OFF GASSI In ARC HIIECTURE IS NOT THE ONLY T THAT SETS INCARNATION APART � FR ALT T COMMUNITIE ITS , AND A DOG RUN - L OCA TED WIT WALKING IS E IT AMENITIES 0 7- SAFE LINED SIDEWALKS INCREASE WALK I LI T T PERMEAB T I T IL ILL BE I H ® I F IL t HI ITS DEVELOPMENT , 6 DIRECTLY DELIVERED T THE RESIDENCES. L ILL e �.5umw 'tf .. '. ra T I T T I.: WITH LITTLE T TI . :, LL I T I INDIVIDUAL L T T � RESPONSIBLE H I E I IL AND R E CYC LING E T. n �. -USE LIGHT L F T I L E HEAT ISLAND EF t. E CASE H f f _ t � 1 2 } 9.n? a- c VICINITY MA NOT TO S •• 7 ... (n 7 u t :T .... .. (o TH AVE (0 L4 -P`6 Y: ew PROJECT NAR t., I URBAN GREEN L T I I F c I SUSTAINABLE I I WITH PLANT MATERIALS THAT I LITTLE :,. ,. ILL � T COMMUN I 1 , T LI_ z T I L S1 TE F IRM ' S F F ALL L, 41 T !AV —INSTALL LOW WATER HE THE ARCHITECTURE IS SIMPLE YE, DELIBERATEL , �LANNED. THESE T I _ _ _ 3v HOUSES ARE SUS TAINABLE I TLS I FE MATER IALS BUILD LLI 0 LL- ,f REQU IRING LESS ENERGY T O O(CUPY. THE MASSING, IS EFFICIENT WITH PASSIVE HIGH E FFICIENCY HEATI SO LAR 4�x. TI LI HTI � � INTERIORS T I z 0 x MU LTI —USE WITHOUT I CEILING SLEEPING IT T IL TERI STI C THE WINTER TH WHILE TI NG PROPERLY FOR THE T. —DESICN FOR ABUNDANT DELIGHTING DURING WINTER TH S AND SHADING TI COOLING I L TI I E MONTHS. I T STRATEGICALLY L I S HADE AND TREE THE T I EALING TO THE MA SES, WITH FRESH AND BOLD L TUBE DAYLIGHTI CO LORS T T I LL PLANNED. LOWER PITCHE F T —INSTALL COST EFFE AUTOMAT LIGHTING T L rF F C F L r. I H H I T I L �> , THERMOSTATS I T AUTOMATED SYST I TALL L H T L 3 9T H —LOW E GLAZI INSU LATION. 1 L T L� ILI I WASTEFUL. IT L Li MATERI F MATERIALS. THE Y F H I T I I CONTRACTORS TO RECYCLE CONSTRUCTION I L MA TERIALS AND MAI T FROM INTRINSIC TH l ' —INITIATE NEI GHBORHOOD WIDE RECYCLI - INVESTIGATE AND BUY LOCAL MATE WHENEVER POSSIBL SUS TAINABILITY PROGRAM —INVESTIGATE L T I L POSSIBL W 8TH AVE RAPIDLY E LE MATERIALS WHENEVER POSSIBLE DEVE LOPMENT. WE AS DESIGN F_ I L L T MAKE DO ING SURE WE ARE I POSSIBLY TO LOWER OUR IMPACT ON INDOOR AIR QUALIT THE ENVIRONMENT AND THE ENERGY H IS RE TO HEAT/COOL NO OR LOW VOC ADHESIVES PAINT BU ILDINGS. H GLOBAL SHIFT TOWARDS CREATING I T LL RADON VENT CONSC IOUS I L I a BELOW ARE THE GOALS F; H L T TO CREATE —MONITOR I CONS CIOUS T I T: —LIMIT COMPOSITE MATERIALS WITH L OFF GASSI In ARC HIIECTURE IS NOT THE ONLY T THAT SETS INCARNATION APART � FR ALT T COMMUNITIE ITS , AND A DOG RUN - L OCA TED WIT WALKING IS E IT AMENITIES 0 7- SAFE LINED SIDEWALKS INCREASE WALK I LI T T PERMEAB T I T IL ILL BE I H ® I F IL t HI ITS DEVELOPMENT , 6 DIRECTLY DELIVERED T THE RESIDENCES. L ILL e �.5umw 'tf .. '. ra T I T T I.: WITH LITTLE T TI . :, LL I T I INDIVIDUAL L T T � RESPONSIBLE H I E I IL AND R E CYC LING E T. n �. -USE LIGHT L F T I L E HEAT ISLAND EF t. E W 32ND AVE VICINITY MA NOT TO S E PRO IR DETE r4: h N R 5 F Y t � L 3 Y 3 ✓ u ° 3 ? �M Y S a R a 1 3.- -¢: v T5 , v« ..vr ..,, ,.., n- _ le.-. .,<. �,'^ aa... ..N .,a _.., h ,oe. lfi� ✓�,, , R! "2+'S. s Yr” •• 7 ... (n ... u t :T .... .. 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I T STRATEGICALLY L I S HADE AND TREE THE T I EALING TO THE MA SES, WITH FRESH AND BOLD L TUBE DAYLIGHTI CO LORS T T I LL PLANNED. LOWER PITCHE F T —INSTALL COST EFFE AUTOMAT LIGHTING T L rF F C F L r. I H H I T I L �> , THERMOSTATS I T AUTOMATED SYST I TALL L H T L FIRST, RETAINING THE THE ROOF IS AN EFFECTIVE ITI L —LOW E GLAZI INSU LATION. 1 L T L� ILI I WASTEFUL. IT L LL F LIGHTING; H L F' T LL F MATERI F MATERIALS. THE Y F H I T I I CONTRACTORS TO RECYCLE CONSTRUCTION I L MA TERIALS AND MAI T FROM INTRINSIC TH l ' —INITIATE NEI GHBORHOOD WIDE RECYCLI - INVESTIGATE AND BUY LOCAL MATE WHENEVER POSSIBL SUS TAINABILITY PROGRAM —INVESTIGATE L T I L POSSIBL CERT IFIED WHENEVE POSS l SUS TAINABILITY IS OUR RESPONSIBILIT NOT A LUX PRY OF THE MODERN E OF RAPIDLY E LE MATERIALS WHENEVER POSSIBLE DEVE LOPMENT. WE AS DESIGN F_ I L L T MAKE DO ING SURE WE ARE I POSSIBLY TO LOWER OUR IMPACT ON INDOOR AIR QUALIT THE ENVIRONMENT AND THE ENERGY H IS RE TO HEAT/COOL NO OR LOW VOC ADHESIVES PAINT BU ILDINGS. H GLOBAL SHIFT TOWARDS CREATING I T LL RADON VENT CONSC IOUS I L I a BELOW ARE THE GOALS F; H L T TO CREATE —MONITOR I CONS CIOUS T I T: —LIMIT COMPOSITE MATERIALS WITH L OFF GASSI ARC HIIECTURE IS NOT THE ONLY T THAT SETS INCARNATION APART � FR ALT T COMMUNITIE ITS , AND A DOG RUN - L OCA TED WIT WALKING IS E IT AMENITIES T T , EMPHASIZE ITS L RESIDENTS THEIR NEIGHBORS., I FILL AND NOT GREENFIELD SAFE LINED SIDEWALKS INCREASE WALK I LI T T PERMEAB T I T IL ILL BE I H ® I F IL t HI ITS DEVELOPMENT , 6 DIRECTLY DELIVERED T THE RESIDENCES. L ILL e �.5umw 'tf .. '. ra T I T T I.: WITH LITTLE T TI . :, LL I T I INDIVIDUAL L T T � RESPONSIBLE H I E I IL AND R E CYC LING E T. n �. -USE LIGHT L F T I L E HEAT ISLAND EF t. E E PRO IR DETE r4: h N R 5 F Y t � L 3 Y 3 ✓ u ° 3 ? �M Y S a R a 1 3.- -¢: v T5 , v« ..vr ..,, ,.., n- _ le.-. .,<. �,'^ aa... ..N .,a _.., h ,oe. lfi� ✓�,, , R! "2+'S. s Yr” DAY OF ®A a d 9 I COUN BOOK-----, PAGE------, RECEPTION PLANNED BUILDING GROUP SITE PLAN JEFFERSON Y . JOB N 0 DATE CAD NO SHEET NO 575-1 3 6/13 5751 PBG 1 OF 10 (n 0 ()o 0 (o Ln (0 L4 -P`6 DAY OF ®A a d 9 I COUN BOOK-----, PAGE------, RECEPTION PLANNED BUILDING GROUP SITE PLAN JEFFERSON Y . JOB N 0 DATE CAD NO SHEET NO 575-1 3 6/13 5751 PBG 1 OF 10 STANDARD TREE PLANTING S �-ALE: NOT TO SCALE 1/2 WIDTH OF ROOT BALL IlUINI S a I �iRUB PLANTING 4 SCALE: NOT TO SCALE /k) + I I + ) I + SPACING SPACING AS NOTEDTAS NOTED (D 6' METAL "T" TREE STAKE, 3 PER TREE, SPACED EQUALLY; ALIGN AS SHOWN. EARTH SAUCER n3 12 GAUGE GALVANIZED GUY WIRE (LAOUBLE STRAND), ADJUST TENSION BY TWISTI ,,IG WIRES -10 PROPER TENSION. 4 1 11 /2!' WIDE HEAVY NYLON ST RAP NV ERIAL \--,/ WITH EYELETS. 0 3" MULCH PER SPECIFICATIONS SF r6 4 SF TIE ROOT BALL: REMOVE BURLAP, BUREVIF I AND WIRE BASKET FROM TOP 1/ F ROOTBALL, REMOVE ALL NYLON 1 lttGJ, PLASTIC LINERS, AND OTHER SYNWIET[C MATERIALS FROM THE ENTIRE ROT IAA LL. PLANTING PIT EXCAVATED TO TWO 1-0 T!HREE TIMES WIDTH OF ROOTBALL, AS 1401ATED BY EXISTING SOIL CONDJTIONS/SOI[�cf-FSµl S, SET TOP OF ROOTBALL 2-4" ABOVE EXIST" FINISH GRADE IN HEAVY C-LAY SOILS., �.-)R:AT FINISH GRADE IN SANDY SOILS. PLAC" ROOTBALL ON SOLID SOIL AND J- SE BACKFILL. SCARIFY SIDES OF PIT. BACKFILL WITH Aj\AMENDED SOIL. U U NDISTURBED EARTH UO WARNING FLAGS o l WRAP SPIRALLY, OVERLAPING ENTIRE "--"�URFACE OF TRUNK TO SECOND BRANCH WITH APPROVED *. TREE WRAP AS REQUIREI.J FOR SEASON AND TREE SPECIES. SECURE AT 24' INTERVALS WITH VINYL ELECTRICAL TAP!E, NO TREES SHALL BE WRAPPED UNTIL AFTER: INSPECTED BY LANDSCAPE ARCHITECT/OWNER, NOTE: I - MULCH RING DIAMETER SHALL BE AT A MlNlt\/,UM 2' GREATER THAN THAT OF THE ROOT BALL. 0 ROOTBALL (D 3" MULCH LAYER PER SPECIFICATIONS (�) BA FILL WITH NATIVE SOIL n4 UNDISTURBED SUBGRADE SCALE: NOT TO SCALE I CoN'(..,KETE PLAYuROUND CURB SCALE: NOT TO SCALE n ed l in d I Q Z �_ Nowifflomm ME SEEM 0.1ml SCALE, I'' - 201- , 0" I M 12"XI 2" CONCRETE CURB WITH (4) #4 REABAR AT CORNERS STREETSCAPE PROFILE 1/8 a GENERAL NOTES. All— �ST' N3- ... 0 CURB RAMP PER WHEAT -" } Kt ..... 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