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Home My WebLink AboutCity Council Agenda Packet 12/14/2015CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING December 14, 2015 7:00p.m. Individuals with disabilfties are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Administrative Services Director, at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLLCALL OF MEMBERS APPROVAL OF MINUTES November 23,2015 and Study Notes of November 16,2015 and December 7, 2015 PROCLAMATIONS AND CEREMONIES CITIZENS' RIGHT TO SPEAK a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 minutes and sign the Public Comment Roster. b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA .L CONSENT AGENDA a) Motion to award ITB-1 5-28 2015 Miscellaneous Drainage Projects to Diaz Construction, Lakewood CO, in the contract amount of $179,570 with an additional contingency amount of $20,000 b) Resolution No. 55-2015-amending the Fiscal Year 2015 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $300,000 for the purpose of funding the Kipling Ridge Tax Increment Financing Agreement c) Motion to adopt the 2016 Regular City Council Meeting Calendar d) Motion to approve reappointment of Nancy Snow and Wanda Sang to the Election Commission, terms to expire December 31 , 2017 CITY COUNCIL AGENDA: December 14, 2015 Page -2- CONSENT AGENDA CON•T e) Motion to ratify the Mayoral Reappointment of James Bahrenburg to District II of the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge, term to expire November 30, 2020 f) Motion to appoint Elected Officials to Outside Agencies PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill 28-2015 -Approving a Zone Change from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) for property located at 4340 Harlan Street (Case NO. WZ-15-08/Lightway) 3. Council Bill 29-2015 -Approving the Rezoning of property located at 10590 W. 441h Avenue from Planned Commercial Development (PCD) to Mixed Use-Neighborhood (MU-N) (Case No. WZ-15-04/Golabek) 4. Resolution No. 48-2015-Approving a substantial modification to the Wadsworth Boulevard Corridor Redevelopment Plan to allow for the utilization of Tax Increment Financing 5. Resolution No. 49-2015-approving a substantial modification to the West 441h Ave. Ward Road Redevelopment Plan to allow for the utilization of Tax Increment Financing 6. Resolution No. 50-2015 -approving a substantial modification to the 170/Kipling Corridors Urban Renewal Plan to allow for the utilization of Tax Increment Financing 7. Resolution No. 51-2015-approving a substantial modification to the 38th Avenue Corridor Redevelopment Plan to allow for the utilization of Tax Increment Financing 8. Resolution No. 47-2015 -approving the West End 38 Urban Renewal Plan and finding that the West End 38 Urban Renewal Plan area is a blighted area, designating such area as appropriate for an Urban Renewal Project pursuant to the West End 38 Urban Renewal Plan, and finding that the acquisition, clearance, rehabilitation, conservation, development, redevelopment, or a combination thereof of such area is necessary in the interest of the public health, safety, morals, and welfare of the citizens of the City of Wheat Ridge DECISIONS. RESOLUTIONS AND MOTIONS 9. Resolution No. 53-3015 -approving a non-substantial modification to the Wheat Ridge Town Center Project Urban Renewal Plan 10. Resolution No. 54-2015-concern ing the proposed redevelopment at the Northwest Corner of West 381h Avenue and Upham Street, and authorizing a Cooperation Agreement in connection therewith CITY COUNCIL AGENDA: December 14, 2015 Page -3- DECISIONS, RESOLUTIONS AND MOTIONS con't .11:.Motion to reconsider Council Bill No. 22-2015-an ordinance repealing and reenacting Article II of Chapter 9 and amending Article II of Chapter 17 of the Wheat Ridge Code of Laws to Regulate Smoking in Public Places 12. Motion to accept Right-of-Way and Temporary Construction Easements from adjacent property owners along Tabor Street between 49th Avenue and Ridge Road CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING November 23. 2015 Mayor Jay called the Regular City Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Monica Duran Zachary Urban Kristi Davis Larry Mathews Tim Fitzgerald George Pond Genevieve Wooden Also present: City Clerk, Janelle Shaver; City Attorney, Gerald Dahl; City Manager, Patrick Goff; Community Development Director, Ken Johnstone; Parks Director, Joyce Manwaring; Judge Christopher Randall; other staff and interested citizens. APPROVAL OF MINUTES OF October 26,2015 and November 9, 2015 There being no objection, the Minutes for October 26, 2015 and November 9, 2015 were approved as published. PROCLAMATIONS AND CEREMONIES CITIZENS' RIGHT TO SPEAK Colin Aronson (no address given) from Rep. Ed Perlmutter's office announced the congressman will be holding a district office open house on Saturday, December 5 from noon to 2pm at 12600 W. Colfax, Suite 8400. Citizens can RSVP online. More information is available at perlmutter.house.gov APPROVAL OF AGENDA Mr. Goff advised that Item 2 would need to be pulled from the agenda because the applicant has withdrawn the application. PUBLIC HEARINGS AND ORDlNANCES ON SECOND READING 1. Council Bill27-2015 -an Ordinance Approving a Zone Change from Residential-Two (R-2), Agricultural-One (A-1), Neighborhood Commercial (NC), City Council Minutes November 23, 2015 Page 2 and Planned Commercial Development (PCD) to Mixed Use Commercial (MU-C) for property located at 4600 Kipling Street (Case No. WZ-15-06/Anastasi) CouncilmemberWooden introduced Council Bill27-2015. This rezoning is the first step in redevelopment. If approved , all further review and approvals will be administrative only and no further public hearing will be required. Clerk Shaver assigned Ordinance 1588. Mayor Jay opened the public hearing and swore in the speakers. Mr. Dahl noted that although Councilmembers Mathews and Duran are new and were not present for 1st Reading, the entire record will be developed tonight at the public hearing so they can and must vote on this case. Meredith Reckert gave the staff presentation. She entered into the record the Comprehensive Plan, the zoning ordinance. the case file and packet material and the contents of the digital presentation. She testified that all notification and posting requirements have been made. • The 12.5 acres plot consists of four parcels with four different zonings. Consolidating the zoning will help facilitate development. She noted that the gas station on the corner of 44th and Kipling is not included in this rezoning. The property contains some mature trees, but no buildings. • Neighborhood meeting had 22 attendees that were generally supportive. • There are no concerns from City departments or agencies. There will be subsequent referral for the Concept Plan and Site Plan Review as well as platting. Planning Commission heard this case and recommends approval. • Because it is over 10 acres there is a requirement for a Concept Plan Review (including a neighborhood meeting and a 1 0-day comment period), a Specific Development Plan (with architectural details and landscaping), and a plat. • Some of the rezoning criteria includes consistency with the comprehensive plan, compatibility with the area and impact on infrastructure. o Staff deems this change as consistent with the goal of the comprehensive plan. o Staff concludes the MU-C zone is appropriate for higher density, taller buildings and high quality design. o With 41 ,000 cars a day the traffic on Kipling continues to increase and intensify; there has been some redevelopment in the area. c When this property is developed there will be an opportunity to extend the Kipling Trail north of 44th Avenue. o Staff concludes the zone change will promote the public health, safety, and welfare. Councilmember Davis inquired if there is any word on the reconstruction of the 1-70 & Kipling intersection. Staff reported it isn't in COOT's 5-year plan and it comes down to funding. Should this property develop staff can encourage COOT to find additional funding. City Council Minutes November 23, 2015 Page 3 Mike Pharo (Lakewood), a land planning consultant, has been retained by the owner to see this rezoning process through. He reported the owner intends to sell the property to a developer. Mayor Jay closed the public hearing. Motion by Councilmember Wooden to approve Council Bill 27-2015-an ordinance approving a zone change from Residential-Two (R-2), Agricultural-One (A-1}, Neighborhood Commercial (NC), and Planned Commercial Development (PCD) to Mixed Use Commercial (MU-C} for property located at 4600 Kipling Street (Case No. WZ-15- 06/Anastasi) on second reading and that it take effect 15 days after final publication for the following reasons; 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-1 09 of the Code of Laws. 2. The requested zoning has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The requested rezoning has been found to comply with the "criteria for review" in Section 26-1 12-E of the Code of Laws.p Seconded by Councilmember Mathews; carried 7-0. 2. Council Bill 25-2015-an Ordinance Approving the Rezoning of property located at 3790 Wadsworth Boulevard from Mixed Use-Neighborhood (MU-N) to Mixed Use-Commercial (MU-C) (Case No. WZ-15-07/Read King) Removed from the Agenda. DECISIONS. RESOLUTIONS AND MOTIONS 3. Resolution No. 52-2015 -A Resolution approving submittal of the Application for a 2016 Local Government Grant to Jefferson County Open Space for Clear Creek Trail Enhancements Councilmember Urban introduced Resolution No. 52-2015. This resolution is a requirement if the City wants to apply for a grant from Jefferson County Open Space. The funds would be used for enhancement to the Clear Creek Trail including six 12' x 12' shelters along the trail, animal resistant receptacles, picnic tables and installation costs. There was no staff presentation or public comment. Mrs. Manwaring was available for questions, but none were asked. City Council Minutes November 23, 2015 Page4 Motion by Councilmember Urban to approve Resolution No. 52-2015-A Resolution approving submittal of the application for a 2016 local government grant to Jefferson County Open Space for Clear Creek Trail enhancements; seconded by Councilmember Davis; carried 7-0. 4. Motion to appoint District I Council Member Councilmember Pond introduced Item #4. The resignation of Jerry DiTullio from the District 1 Council seat to serve as Treasurer resulted in a vacancy. Per the City Charter the City Council is to appoint a replacement within 30 days. On November 9 a motion was made and seconded to appoint Bud Starker to the vacant position. Following discussion that motion was tabled. Applicants for the position addressed Council at the November 16 study session. Mr. Dahl gave procedural directions. Motion by Councilmember Pond to take the pending motion on appointment to fill the Council District I vacancy off the table ; seconded by Councilmember Fitzgerald: carried 7-0. Public testimony Bud Starker (WR). candidate for the vacancy, addressed the Council. He gave a list of his qualifications, thanked his supporters and spoke to his opponents. Due to personal attacks he has experienced this past week he is withdrawing his application from consideration. David Feiertag (WR), also a candidate for the vacancy, thanked Mr. Starker for his service to District 1 and his courageous step to withdraw. He urged a return to a more civil discourse. He doesn't believe political attacks serve the community well. Scott DeJong (WR) spoke in support of the process. He thanked former Council member Starker and regrets the personal attacks. He expressed support for Janeece Hoppe because of her involvement with WR2020. Janeece Hoppe (WR), candidate for the vacancy, thanked Council for their work and Mr. Starker. She said when she decided to apply for the position she did so because she felt she is a good leader and would be a good team member. John Clark (WR) congratulated the winners of the two other Council seats. He stated that whichever candidate is appointed to serve District 1 will be a good choice. Vivian Vos (WR) stated she has never been against an individual for this position. Her concerns were about the process. She read a letter from Carolyn Mallory (WR). Ms. City Council Minutes November 23, 2015 Page 5 Mallory doesn't feel the councilmembers from District 2, 3, and 4 should be deciding who represents District 1. She'd like to see another process put in place in case this happens again in the future. Clerk Shaver entered into the record three letters that were received on this matter. The letters are from Patti Lazzari, Mark Eskow and Lloyd Levy. Mr. Dahl gave further procedural instructions. Motion by Councilmember Duran to substitute the name of Janeece Hoppe to serve as District 1 Councilmember, term to expire November 13, 201 7; seconded by Councilmember Pond. Councilmember Fitzgerald thanked Mr. Starker and stated his criteria was to appoint someone who already had knowledge of the serious problems the City faces, who knows the politics involved and who has the ability to work cooperatively. He believes citizens want the Council to get past the poisonous rancor and solve problems. He listed the good qualifications of Mr. Feiertag and Ms. Hoppe. -Regarding Mr. Starker, he quoted what he felt were mean comments he received about the plan to appoint him. He feels the people who are the most vocal don't contribute in any way to the City-they just criticize. He presented a long list of things he sees as contributions by Mr. Starker and thinks it's sinful that he's been treated so shabbily. He noted Mr. Starker received more votes this year than the winners did in 2013 and 2009. He doesn't believe th is year's election was a rejection of Mr. Starker. Councilmember Wooden gave comments about political games that she sees as an issue of ego and a desire for name recognition. She addressed all of the candidates and thanked them for offering to serve. She names several good reasons for living in Wheat Ridge. She stated the Council should conduct its business on its own and each councilor has a duty to act as a representative for the city and not be manipulated by anyone else. She will not be bullied, manipulated, coerced or subtly threatened. To Mr. Starker, she read an excerpt of a speech by Teddy Roosevelt entitled 'The Man in the Arena'. Councilmember Pond thanked the people who submitted their applications for the position. He's sorry his actions created any mistrust in the Council; that was not his intention. He still believes Bud Starker is the best candidate for the appointment, but he does think this isn't just a logical, objective decision-that politics is involved. He stated he will support Ms. Hoppe and is committed to developing a good working relationship with everyone on Council. Councilmember Davis thanked the four candidates who started this journey; they are all qualified and delightful. She reminisced about working with Mr. Starker and looks forward to working with everyone. Councilmember Urban thanked all the applicants for their willingness to serve, and thanked the Council for an open and transparent process. He thanked Mr. Starker for his service. City Council Minutes November 23, 2015 Page 6 Councilmember Duran thanked all the applicants; she knows it's difficult to put yourself out there and be the subject of attacks. Ms. Duran began to read some remarks about why she ran for City Council. Councilmember Wooden raised a point of order declaring that Ms. Duran's comments were not related to the appointment of the vacant position. Councilmember Duran suggested they were, but Mayor Jay ruled that Councilmember Duran had to stop her remarks. The Mayor suggested Councilmember Duran could give her remarks at the end of the meeting. The motion to appoint Janeece Hoppe carried 7-0. Judge Christopher Randall administered the oath of office to Janeece Hoppe and she took her place on the dais. 5. Motion to Ratify Mayoral Appointment to Wheat Ridge Housing Authority Councilmember Dav1s introduced Item No. 5. The departure of Tracy Langworthy has created a vacancy on the Housing Authority. This term expires March 2, 2016. Motion by Councilmember Davis to ratify the council member mayoral appointment of Tim Fitzgerald to the Wheat Ridge Housing Authority, term to expire March 2, 2016; seconded by Councilmember Pond; carried.S-0. 6. Motion to elect the Mayor Pro Tempore Councilmember Fitzgerald introduced Item No. 6. At Councilmember Urban's request Mr. Dahl explained that in 2012 the state legislature declared that paper ballots are allowed only m two circumstances -for a body to elect leadership and to appoint a search committee. Election of the Mayor pro tem is a legal and appropriate use of paper ballots. Per Council Rules the nomination is by secret ballot, the Clerk announces the results and a motion to appoint follows. Clerk Shaver distributed paper ballots. Councilmembers voted and submitted their paper ballots. Clerk Shaver counted the ballots and reported that Mr. Pond received six votes. Motion by Councilmember Fitzgerald to elect George Pond as Mayor Pro Tempore, effective immediately, term to expire upon election of a successor; seconded by Councilmember Wooden; carried 8-0. City Council Minutes November 23, 2015 Page 7 DISCUSSION ITEMS -Ken Johnstone and Lisa Ritchie 1. Commercial Mobile Radio Service (CMRS) Regulations Mr. Johnstone introduced Lisa Ritchie, resident staff expert on the City's cell tower regulations. Mr. Johnstone gave some background on the issue. No updates have been made since 1996 when our regulations went into effect. He stated staff is looking at it this year to make sure we are compliant with FCC rules and to reflect modern technology. Staff also wants to beef up our design standards and streamline the process. He stated three changes are recommended: 1) Changes in the Special Use permit process, 2) More administrative approval with better design standards, and 3) Adding some definitions to comply with the new FCC language. He elaborated on different screening possibilities that are available today and some things that are lacking in the code. He summarized that this is really a modernrzation ordinance rather than any real policy change. Staff doesn't think a long public process is necessary as the changes are common to what other jurisdictions are doing, but he recommends presenting the draft to industry contacts. Councilmember Urban asked about the effect on existing infrastructure. Mr. Johnstone said they are still looking at that. One proposal will be no free-standing towers in residential zones -except that wall and roof-mounted facilities would be allowed on non- residential structures or multi-family structures in residential zones. Councilmember Fitzgerald asked if it was anticipated to have fewer towers due to consolidation. Mr. Johnstone didn't think so; the three we have are strategically located. There was consensus from Council to move forward with the proposed changes. 2. Accessory Dwelling Units (ADU's) Mr. Johnstone gave some background on self-contained accessory dwelling units on single family lots. • They may be a separate unit or attached to the primary dwelling. • Staff gets inqu iries about them, but currently they are not allowed in Wheat Ridge. • A number of jurisdictions have adopted regulations to allow them. • They can provide additional income for the homeowner. • They can provide multi-generational properties (for elder or child care purposes). • They allows for infill development. Housing costs have risen in Wheat Ridge; it's less affordable to live here. • We've lost population; more people results in more sales tax to provide services. • We can help meet the upcoming housing needs for the metro area. He asked for policy direction. There was adequate consensus to approach this topic. Mr. Johnstone suggested that some regulation is in order for lot size and building coverage. Discussion on policy issues followed. City Council Minutes November 23, 2015 Page 8 • Covenants were discussed . They do not sunset and are privately enforced. The City does not regulate them, but it could be part of the application packet. • Councilmember Fitzgerald feels ADU's must be family occupied, supports a cap on size, and believes they should be limited to two people-not families. • Council member Mathews raised the questions of 1 )what happens when 'grandma dies' or the property gets sold? and 2) how does this fit with the NRS goal to lessen the number of rentals in the city? • Mr. Johnstone suggested requiring family to occupy both units would be onerous. Ms. Ritchie stated that Jeffco removed their familial requirement in 2014, but there could be a deed restriction. Councilmember Mathews noted that down the road it would be difficult to monitor who is living in the second unit when our goal is to decrease rentals. • Mr. Johnstone pointed out that having an owner live in one unit (and rent the other) increases affordability and increases the likelihood of good maintenance. Councilmember Duran expressed interest in seeing how other cities are handling this. Staff envisions a public process and involvement by the Planning Commission. Staff will continue to investigate, research what other jurisdictions do. and present a staff report to Council before going to the public. Mr. Johnstone suggested using some kind of survey tool at public meetings and online. CITY MANAGER'S MATTERS Mr. Goff reminded everyone that next Monday was the 51h Monday so there will be no Council meeting.-He noted the Holiday Celebration will be on December 5 from 3-7pm on 381h in front of Stevens Elementary.-He inquired if Council wanted to meet on January 41h. After some discussion it was agreed to have a study session on January 4. CITY ATTORNEY'S MATTERS Mr. Dahl reported having completed the edits to the smoking ordinance. He still plans to follow up with Arvada to check some fact patterns and make sure everything is as it should be. It will be on the December 14 agenda for final action. ELECTED OFFICIALS' MATTERS Clerk Shaver thanked the taxpayers for the opportunity to attend the fall conference of the Colorado Municipal Clerk's Association last week. There were valuable sessions on best practices for clerks ' matters. Events like this are energizing and help to refocus; she appreciates the opportunity to attend. Monica Duran read the remarks she had been asked to read under Item 4. She ran to serve the community and her votes will not be controlled by special interests. There are issues at hand that will require creative solutions and she looks forward to working with residents and businesses to find the solutions. She has a drive to serve all the citizens of District 1 City Council Minutes November 23, 2015 Page 9 Kristi Davis brought up the topic of free standing emergency departments. There was unanimous consent to discuss this at a study session. -She thanked the man named John on Balsam Street who returned her lost wallet. Zach Urban thanked the chaplains of the WRPD for providing Thanksgiving dinner for the police and fire departments. Janeece Hoppe thanked everyone for having confidence that she can bring quite a bit to the team and apologized to her husband that he couldn't be here tonight. George Pond said he looks forward to working together. Tim Fitzgerald reported being pleased to see one of our police officers bringing gasoline to a car stranded in the middle of Kipling today. -He welcomed Janeece Hoppe to the Council. Larry Mathews welcomed Janeece Hoppe. Genevieve Wooden welcomed Janeece Hoppe and thanked Mr. Starker for his service. Mayor Jay welcomed Janeece Hoppe to the Council and said she's looking forward to the Christmas party on December 5 from 3pm-7pm. ADJOURNMENT The meeting was adjourned at 9:10pm. Janelle Shaver, City Clerk APPROVED BY CITY COUNCIL ON December 14, 2015 George Pond, Mayor pro tern The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. zgtn Avenue November 16, 2015 Mayor Jay called the Study Session to order at 6:30p.m. Council members present: Mayor Joyce Jay, Monica Duran, Zachary Urban, Kristi Davis, Tim Fitzgerald, Genevieve Wooden, and Larry Mathews Absent: George Pond Also present: City Clerk, Janelle Shaver; City Manager, Patrick Goff; City Attorney, Gerald Dahl; Parks & Recreation Director, Joyce Manwaring; and interested citizens. PUBLIC COMMENT ON AGENDA ITEMS Herb Schilleriff (WR) expressed his surprise at the last Council meeting that the Council was planning to fill a vacancy by appointing someone who had just been defeated. The people of the District didn't want him; if they wanted him to represent them they would have voted for him. Diane Robb (WR) shared her support for her friend and neighbor Janeece Hoppe to be appointed to fill the vacancy for District 1 City Council. Besides her qualifications, she can dream big and work hard towards accomplishing those goals. Leah Dozeman (WR) spoke on behalf of the Carnation Festival board and asked that Council reconsider their direction to have the Circus removed from the festival. The Circus brings in a lot of people. She'd like them to reconsider and retract that order. Vivian Vos (WR) spoke about the democratic process and encouraged Council not to appoint the loser of an election to fill a vacancy. She is glad others were given the chance to apply to fill the vacancy. Cindy Gallesple (WR), owner of Pirate Vapor, would like Council to reconsider allowing sampling in shops such as hers. No one is exposed to second hand vapor, and there are no empirical studies that show vaping is harmful. Her business has suffered since the ban on sampling. Kathi Johnson (Arvada) Her son owns the vapor shop on W 44th. She thanked the Councilmembers who came and visited their shop and saw that it has nothing to do with marijuana. John Clark (WR) talked about how the attempt last Monday to appoint Bud Starker made him angry. There aren't words to describe how bad a decision that would be. The STUDY SESSION NOTES: November 16, 2015 Page -2- candidate who lost should not be given the job. Four councilmembers shouldn't try to overturn the will of the people. Fran Langdon (VVR) addressed comments to the Councilmembers who attempted to appoint the losing candidate to fill the District 1 vacancy at the last meeting. She listed the arguments that were stated and described them as bizarre. She believes they owe apologies to Councilmembers Duran and Mathews for subjecting them to that behavior for their first meeting, and to Bud Starker for setting him up like that; they also owe Mr. Urban a debt of gratitude for trying to point how incorrect that would be. She believes their integrity suffered and the validity of any future Council decisions is at stake. Scott Christopher (WR) praised the fact that there was going to be an open process for filling the District 1 vacancy. Barbara Bang (VVR) lives in District 1 and asked what the plan was to set up a process for filling vacancies. She was told the Charter specifies that the Council appoints a replacement. She feels strongly that the Charter should be changed to allow voters to have a say when a vacancy like this occurs. Rachel Hultin fYVR) Is glad there are four candidates who applied to serve. She thinks the vacancy should be filled by someone who has good qualifications. She doesn't think anything in the past should be considered -only their qualifications today. She believes it should be someone who can listen, has experience and leadership, and already has relationships. Someone without those relationships won't be able to help us move forward. She expressed support for Bud Starker and Janeece Hoppe. APPROVAL OF AGENDA 1. Review of Candidates for Council District I Vacancy Mayor Jay announced that one of the candidates had withdrawn. The three remaining applicant each spoke. Janeece Hoppe addressed the Council and listed her qualifications. She's lived here four years. She helped start Live Local and is on the board of the WR Business District. She owns three businesses here including a construction company. Integrity is important to her. She is a problem solver and has experience in policy making, contract and legal negotiations, and finance and business management. She's a strong leader and a strong team member. David Feiertag addressed the Council. He's lived here since 1995 and is currently on the Parks Commission. He is a chemical engineer and has experience building consensus on contentious issues. He loves living in Wheat Ridge. He wants safe streets and thriving businesses. He'd like to help the City move from an atmosphere of discord to discourse. STUDY SESSION NOTES: November 16,2015 Page -3- Bud Starker addressed the Council. He spoke generally about several issues he sees as great challenges and opportunities for the City. He's run his own business for 35 years. He doesn't th ink candidates who didn't win are losers. Mayor Jay announced that the voting would take place at the next Council meeting. 2. Reconsideration of Ordinance No. 1584-Smoking in Public Places Mr. Goff explained the issue for reconsideration is whether or not to allow sampling of vapor in vapor businesses. Mr. Dahl reviewed the options available to Council as described in the memo contained in their packets. One option is to create a third category for vapor shops and vaping. Discussion followed with councilmembers sharing their thoughts and asking questions. Mr. Dahl pointed out that there is legitimate uncertainty about whether vaping is allowed in vapor shops. Because of the various definitions he has concluded that the ordinance does in fact permit the sampling of vapor juice and has advised the Police Department of that opinion . He does believe that further amendment to the reconsidered ordinance would provide clarification. Councilmember Davis received consensus to have Mr. Dahl amend the smoking ordinance to provide the clarity outlined for allowing sampling of vapor in vapor businesses. A vote on this issue will take place on November 23 or December 14 when the changes are ready. 3. 2016 Carnation Festival Planning Update -Joe DeMott and Gina Hallisey Joe DeMott explained that the goal of the current Festival board has been to focus on fun and family, and to engage as many community businesses and organizations as possible. They have strived for variety and he elaborated on that. Regarding finances he explained how the circus has played a role in that. The Board is unclear what their funding from the City will be and they'd like clarification. The festival is a non-profit organization. Gina Hallisey highlighted some of the financial information that had been provided to Council and distributed another handout for council to consider: • The Circus engages all 5 senses and is a unique attraction that appeals to guests. STUDY SESSION NOTES: November 16,2015 Page -4- • It is family friendly. • The Circus drives sponsorship: $23,000 in cash and nearly $10,000 in budget- relieving, in-kind donations from vendors directly related to the Circus attraction. Without the Circus many sponsors will leave. • In 2015 the Circus had positive net revenue of $5,036. • Replacing the Circus with a new attraction would actually cost MORE (Details illustrating th1s were provided .) • It's too late to replace a main attraction for 2015. Discussion followed . What did the City provide for 2015? $50,000 + $2,500 for the bands + $22,000 in-kind (parks and police) What is requested (already budgeted) for 2016? $80,000 + $1 ,500 for the bands+ $22,000 in-kind (parks and police) Benefactors of the Festival include: WR Rotary and Optimists; WR Active Adult Center; Seniors' Resource Center; WRHS band, cheerleaders, STEM program, and football; Green Mountain and Standley Lake HS bands: the Lutheran Foundation; WR Firefighters Foundation; Blood Hound Trackers; WRPD Bike Rodeo; and Juvenile Diabetes Research Foundation. There was consensus to maintain approved funding without any requirement to remove the Circus. 4. Staff Report(s) none 5. Elected Officials' Report(s) Monica Duran asked for a consensus to be able to make the motion for filling the District 1 Council vacancy on November 23 . - Discussion followed . Kristi Davis stated she'd like to have the vote be a positive exercise, perhaps on pieces of paper like the voting for mayor protem, so that no one has to vote "against" anyone. Larry Mathews reminded his colleagues that there is a motion on the table that will need to be addressed. • Zach Urban cautioned against the use of secret ballots and noted that Arvada had an issue about doing secret ballots. • Mr. Goff concurred about the Arvada issue. He will have Mr. Dahl send Council some direction on the voting. STUDY SESSION NOTES: November 16, 2015 Page -5- Tim Fitzgerald said appropriate staff is talking with developers for 261h and Kipling. Mr. Goff reported staff will be meeting with them on Wednesday. One topic will be how much the City is willing to contribute for the monument sign and landscaping. The budget is growing. ADJOURNMENT The Study Session adjourned at 8:10p.m. Janelle Shaver, City Clerk APPROVED BY CITY COUNCIL ON December 14, 2015 George Pond, Mayor ProTem STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W . 29th Avenue December 7, 2015 Mayor Joyce Jay called the Study Session to order at 6:30p.m. Council members present: Janeece Hoppe, Momca Duran, Zachary Urban, Kristi Davis, Tim Fitzgerald, George Pond, Genevieve Wooden, and Larry Mathews Also present: City Clerk, Janelle Shaver; City Manager, Patrick Goff; Police Chief, Dan Brennan; guests and interested citizens. PUBLIC COMMENT ON AGENDA ITEMS APPROVAL OF AGENDA 1. Staff Reports(s) -none a. Rural Metro Corporation and American Medical Response -Chief Brennan Chief Brennan gave some brief background on the history of the ambulance service contract with Rural Metro. In October the City was informed that Rural/Metro of Central Colorado Corporation (Pridemark Paramedic Services) will be merging with American Medical Responses. The merger does not affect the coverage or the current contract with Rural/Metro which will expire in December 31 ,2016. 2. Sobesky Academy Presentation-The Jefferson Area Innovation Plan Terry Walderman - principal Gary Richy -assistant principal Brenda Carlson -achievement director Ms. Walderman began with information about their current location in a 1946 Lakewood school building. Sobesky serves students with significant emotional disabilities and mental health determinations. It is 100% special education so every student is on an individualized plan. The school district recognized the need for a better building. Sobesky offers: • Specialized trainrng for all staff to work with students with emotional disabilities; all therapists have a strong foundation in clinical -not just school social work; all para-educators have training in non-violent restraint techniques and how to work with students with significant behaviors • Small class size (8-12 students); 12 is maximum; ratio of 8:1 students to staff • Safety, security and supervision are essential elements; added a campus supervisor and a dean of students this year STUDY SESSION NOTES: December 7, 2015 Page -2- • Enrollment is not voluntary: students are placed here • Better able to serve special needs in a manner consistent with Jeffco curriculum Physical advantages of the new space at the former Stevens Elementary on Reed Street: • Larger cafeteria, a library, outside playgrounds with grass • Space for students to re-group • Sensory room • Life skills room (washer, dryer, refrigerator, etc. to work on adaptive skills) • More space for natural separation of grade levels • Space for more students Programming advantages for new space • 3 Jeffco programs: 1) "Reconnect'': special education's credit recovery program, 2) Placement system for expelled students in between placements 3) Jeffco Transition Services (JTS): special needs students 18-21 years old • Sobesky-K-12 student body with identified emotional disabilities o Currently 75-90 students in grades 2-12 • Increasing enrollments; full at current location so students have to go out of district • 2 additional elementary classrooms • 1 additional self-contained classroom for students on the autism spectrum • 3 classrooms for ugrowth" as determined by student (district) needs • Gradual enrollment increases of 45-60 students returning to or staying in Jeffco • Brings dollars back to the SpEd budget - Construction • Budget of $300,000 from the District's general fund , plus additional SpEd funds • Retrofitting the building (things Stevens would have done if funding was available} • K-12 student body with identified emotional disabilities • Reconnect students will have their own space • Jeffco transition students will have a room • Reconfiguring classrooms and some office space to accommodate more therapists and students Work done to date • Sobesky staff determines specific needs for the building • Two planning meetings with transportation regarding the buses • Multiple planning meetings with District staff and contractor Time line • Construction Jan-Mar 4; building complete March 4 • Students do not attend March 17-18 for packing; move over spring break • Teachers have 2 days to set up classrooms, March 28 and 29 • Students begin classes March 30 Community Impact • 8:00 am - 2:45 start and end times • Transportation provided for all students • 9 busses for arrival and dismissal; staggering will not be necessary; students are supervised exiting and boarding the buses • Some transition buses during the day (three; between 1 Oam and noon) STUDY SESSION NOTES: December 7, 2015 Page -3- • Very little car traffic • Closed campus • Direct supervision of all students • Very limited evening events (4 per year); no before or after school activities All students have needs that need to be met; goal is always to transition back to neighborhood schools. Council questions and comments followed· • It would be good to pass a flier in the nearby neighborhood with information about the school and contact numbers. (Community meetings are planned.) • "Reconnect" students are ones who are expelled or going through a threat assessment. If it's for more than 10 days we are still required to provide them with an education. (Currently 20-40 students a week; 6 hours a week at school working online with teachers available) • There will be articles in the newspaper. • Having businesses nearby will be valuable for students who lack related skills. • Chief Brennan: Need still being assessed. Pupil ratio is low; they have a security supervisor. Our supervisors will receive orientation to understand the school and its students. WRPD has committed to having all officers go through 40 hour class in crisis intervention skills. The need for an SRO at the school is still unknown. • Judge Randall: Lakewood has a mental health court that deals with the Sobesky students. We already have a significant juvenile docket with similar types of students, so other than a few more cases he doesn't expect any significant change for our court. (If a student receives a ticket in the building it will involves the WR Courts.) 3. West End 38 Conditions Survey and Urban Renewal Plan - Ann Ricker -Ricker/Cunningham (URA consultant) Tyler & Chris Downs -Wazee Partners (owners) Steve Art-WR economic development Patrick Goff introduced the proposal to create a new urban renewal area/plan on the west end of the 381h Avenue corridor. The 4.5 acre site at 381h & Upham is currently part of the Town Center Plan. The Town Center Plan is over 30 years old. Wazee Partners would like to pull this property from the Town Center Plan and create its own urban renewal plan. The Condition Survey has been completed. Ann Ricker spoke about the Conditions Survey completed by her company. • Pulling this property doesn't change the Town Center Plan • 3 documents need to be created: 1) Conditions Survey 2) Urban Renewal Plan document, and 3) County impact report • To create an urban renewal district the area was evaluated based on 11 factors of blight. Statutes require a voluntary district to have only one factor. The next level is 4 factors, then 5 if eminent domain is going to be used. Factors don't have to be present on every parcel. STUDY SESSION NOTES: December 7. 2015 Page -4- • Nine blight factors were found to be present: 1. Predominance of defective or inadequate street layout 2. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness 3. Unsanitary or unsafe conditions 4. Deterioration of site or other improvements 5. Unusual topography or inadequate public improvements or utilities 6. Existence of conditions that endanger life or property by fire or other causes 7. Buildings that are unsafe or unhealthy for persons to love or work in 8. Environmental contamination of buildings or property 9. Substantial physical underutilizations or vacancy of sites, buildings, or other improvements • TIF is used for economic/community development; it's a financing tool. Mr. Goff noted the WR urban renewal authority has already approved the creation of a new urban renewal area along with $4.8M in TIF for the public improvements. Tyler Downs presented the West End 38 plan. o They bought 3 of the 4 parcels. The 4th parcel. Vectra Bank, is included in the plan. o The plan is for 150 apartment units and 15,000 sf of retail o The retail is for small, local retailers and will oriented to 38th and Upham streets. o The building steps up from 3 stories on the corner to 4 stories on the back. o An underground parking structure will service the apartments and the retail. o There will be demo and construction of a new, free-standing Vectra Bank building on the west side o Their determination is the highest and best use is market rate multifamily with retail along 381h Avenue. o Given the cost of rent in Wheat Ridge and construction costs in the metro area the plan is not possible without tax increment financing (TIF). o Necessary public improvements include improvements to 381h Avenue and Upham, public plazas, upgraded facades, structured parking, associated utility upsizing , burying power lines, under-building drainage detention to serve the entire property. Mr. Goff proposes to bring this to Council on Dec 14. It's important that it take place before Jan 1 so this project won't be impacted by HB 1348. How the new legislation will be implemented is uncertain. Mr. Dahl addressed the cooperation agreement. There are two steps to sales tax TIF financing -the UR plan and the cooperation agreement. Because of HB 1348, after Jan 1 approval of the UR plan will require talking to (approval from) more parties. This plan authorizes sales tax TIF as a tool, contingent on the approval of a cooperation agreement between City and the Urban Renewal Authority. Under the cooperation agreement, the City collects the sales tax increment and pays it to the URA. (Property tax goes directly to the URA.) Per Question 300, following Council approval of a cooperation agreement authorizing TIF over $2.5M, that Council approval would have to be ratified by the STUDY SESSION NOTES: December 7, 2015 Page -5- electorate to be effective. Council may approve the plan and the cooperation agreement on December 14, or just the plan. He advised that Council could, if it chooses, wait to approve the cooperation agreement until after January 1 because that would not be affected by HB 1348. Additionally, approval of the UR plan itself does not trigger voter ratification under Question 300; approval of the cooperation agreement does. Councilmember Fitzgerald inquired about the cost of the project and a timeline to start. • Tyler Downs estimated the cost of the project at $36M with a TIF request of $4.8 M (14%). Ms. Ricker stated that 15% is low end; 30% is normal; the highest she's seen was 48%). Mr. Goff noted that Sprouts was a $25M project with $1M cash and $2M TIF from the City; 381h & Wads is a $45M project with a TIF of $6.5M. • Regarding time, Tyler Downs stated that every day we wait represents less potential increment available to them, so the longer we wait the less financially incentivized they are. Also, construction costs are high now and going up. Vectra is also encouraging them to move forward as they feel they have an obsolete building. Chris Downs elaborated on construction costs. Councilmember Urban noted the process is being reversed-that the Urban Renewal Authority has approved the agreement, but the West End 38 area does not exist yet. Wouldn't it be better to approve the area first, then the plan? Mr. Goff acknowledged that typically the UR area is in place and then the TIF clock is started, but because of the connection with the Town Center Plan, they are doing it backwards Councilmember Duran's questions produced the following information: • No traffic study has been done; that would be part of a site plan approval. • If Council approves the cooperation agreement on Dec 14 it could go to the voters after the first of the year. • Apartments to be rentals ranging from 850-900 sf (1 BR = 780 sf; 2 BR = 1,050sf). • Rent is projected to be $1 .65-$1.75 sf. Councilmember Mathews pointed out that Council is only approving the formation of a new area -not the design, so specifics presented about the project are meaningless. Mr. Goff acknowledged that a different plan could materialize. Councilmember Pond commented on the site design process and standards. Mr. Goff stated if the area is approved the only thing Council would yet approve is a subdivision plat if that is required on this development. What is built and the site design will be approved administratively. Councilmember Mathews inquired where the green space would be or would there be waivers for that, since approval on Dec 14 will amount to tacit approval. Mr. Dahl noted that the plan and the cooperation agreement are not zoning issues. Chapter 26 will apply. Councilmember Wooden thanked Wazee Partners for their continued interest in WR and announced she would support the plan and agreement. Councilmember Urban pointed out the discrepancy between Sec 5.3 of the agreement (which states that an election is not required) and Question 300 {which requires an STUDY SESSION NOTES: December 7, 2015 Page -6- election). Mr. Dahl said that urban renewal operates separately and is not bound by 300, but Sec 5.3 likely refers to a TABOR election. Councilmember Fitzgerald received consensus for: 1) Removing the West End 38 project area from the Town Center Urban Renewal Area, 2) Approving the West End 38 URA Plan, and 3) Approving a Cooperation Agreement between the City and Renewal Wheat Ridge for the sharing if tax increment generated from the West End 38 Plan. 4. Elected Officials' Report(s) Tim Fitzgerald reported that the Housing Authority voted in favor of contributjng money to the Fruitdale School project (condos and a meat processing school). Unfortunately, the proposal has been withdrawn as one of the main tenants got nervous about the difficulty with cost increases. They are asking for more money from the City. He said unfortunately that proposal would put the Housing Authority out of business. Genevieve Wooden reported from the education committee. She said the Sobesky people are excited about their move to Wheat Ridge. ADJOURNMENT The Study Session adjourned at 8:20p.m. Janelle Shaver, City Clerk APPROVED BY CITY COUNCIL ON December 14, 2015 George Pond, Mayor Pro T em I .. .. • .. City of • ?WlieatRl__dge ITEM NO:~ DATE: December 14, 2015 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO A WARD ITB-15-28 2015 MISCELLANEOUS DRAINAGE PROJECTS TO DIAZ CONSTRUCTION, LAKEWOOD, CO, IN THE CONTRACT AMOUNT OF $179,570 WITH AN ADDITIONAL CONTINGENCY AMOUNT OF $20,000 0 PUBLIC HEARING ~ BfDS/MOTlONS 0 RESOLUTIONS QUASI-JUDIC IAL: ISSUE: 0 ORDINANCES FOR I ST READING 0 ORDINANCES FOR 2N° READING D YES c~ The storm sewer improvements will replace two failed stom1 sewer pipes on the bluff on the south side of Clear Creek .in the northeastern part of the City. This project wi ll replace the existing pipes with a new and more durable stom1 sewer pipe along with manholes, anchors, and stilling basins to securely convey storrnwater from the neighborhoods down the steep slopes. On November 17, 2015, seven bids were received. The apparent lowest bidder was Diaz Construction, Lakewood, CO, in the amount of$179,570. Diaz Construction's bid met all of the bid requirements. The company's references and expetience were evaluated by Public Works staff as a basis for recommendation. Staff recommends award of the project to the lowest responsive and responsible bidder, Diaz Construction, in the bid amoun t of $179,570. PRIOR ACTION: None Council Action Form -Miscellaneous Drainage Improvement Projects December 14 . 2015 Page 2 FINANCiAL IMPACT: Funding for thi s program has been approved in the 20 15 Capital lnvestment Program bud get in th e amount of$250.000. Performing this project will prevent further damage to th e current storm sewer outfall , and protect adjacent private and public properties from further erosion. BACKGROUND: The existing storm sewer pipes located on the slopt: above Creekside Park and downl1ill from the 46111 Avenue and Balsam Street neighborhoods ha ve been in place for many yea rs. These two outfalls were placed to convey the stormwater down the steep slope. The existing pipes have separated at the connections due to excessive torce exerted on the pipes by high velocity tl ows. This issue also causes severe erosion that could lead to tailure of the slope stability in the surrounding area. This projec t will provide for install ati on of a more durable pipe that wi ll be secured with heavy anchors, fused co nnections and energy dissipaters to calm the turbulent fl ow down the steep slope. As pat1 of this pr<>ject, easements are needed tor the Balsam Street locution to access the work area and also for the existing underground pipe that ex lends from Balsam Street to the top of the slope between 4671 and 4675 Balsam Street. City Staffhas been working with the two prtlperty owner to obtain the easements and e ·pect them to be in hand before construction begins. The t!asements wi ll be brought to the City Council for acceptance via a separate action. Bid for the ITB-15-28 2015 Miscellaneous Drainage Pmjects were opened on November 17, 20 15. Seven bid were received. All bids met the initial bid requirements and three are u11der the $200.000 budget. The bids ranged fi·om $179.570 to 272.1 04. The engineer's estimate was $I 99.420. The apparent low bidder is Diaz Constructi on. Lakewood, CO, with the bid amoum of $I 79,570. Award is based on the lowest responsive and responsi ble bid that meets all or the bid requirement and that the low bidder is yualified to build th e project. A co ntingency amount of$20.000 is requested to a liO\\ for the cost of other potential unanticipated items related to the project that can sometimes occur after the commencement of construction. RECOMl\IENDATIONS: Based upon the contractor's demonstrated capabilities and perfonnance on previous projects and due to the bid being within the budgeted cost range. staff recommends that a contract be awarded to Diaz Construction contingent upon the acq uisition of the drainage easement with the property owners at Lhc Bat am Street location. RECOMMEN DED MOTION: "I move to award ITB-15-28 2015 Miscellaneous Drainage Projects to Diaz. Construction, Lakewood. CO. in the contract amount of $179.570 with an addi tional contin gency amount of $20.000." Council Action Form -Miscellaneous Drainage Improvement Projects December 14. 20 15 Page 3 Or, "I move to deny the award of JTB -I 5-28 2015 Miscellaneous Drainage Projects to Diaz Construction. Lakewood, CO, for the fo llowing reason(s) ·· REPORT PR EPARED!R EVIEWED BY: Steve Nguyen, Engineering Manager Mark Westberg, Projects Supervisor Jennifer Nellis. Purchasing Agent Scott Brink. Director of Public Works Patrick Goff, City Manager ATTACHMENTS: I . Bid Tab Sheet 2. Project Map Subject to review for completeness and accuracy. Posted As Read ..... I ... i·- !P w~~tR!9ge PROJECT: fTB-15-28 MISC. DRAINAGE PROJECT (CONST.) DUE DATE/TIME: TUESDAY, NOVEMBER 17,2015 BY 1 P.M. LOCAl TIME Consolidated ALLOWED VENDOR (PRIME) Resource Diaz Construction LOCATION Greeley, CO Lakewood, CO BIDDER ACKNOWLEDGEMENT FORM Yes Yes ACKNOWLEDGE ADDENDUM (0) Yes Yes CONTRACTOR'S QUAliFICATION FORM Yes Yes NON-DISCRIMINATION ASSURANCE FORM Yes Yes ILLEGAL ALIEN COMPLIANCE Yes Yes LIST OF SUB-CONTRACTORS Yes Yes NON-COLLUSION AFFAOAVIT Yes Yes BID BONO Yes Yes I<EEP JOBS IN COLORADO Yes Yes PRICING SCHEDULE Yes Yes SUBTOTAL PAGE 20 s 186,716.32 s 165,570.00 SUBTOTAL PAGE 21 s 36,000.00 s 14,000.00 TOTAL AMOUNT OF BID: $ 222,716.32 s 179,570.00 page 1 o/2 s s s QUESTED BY: STEVE NGUYEN, ENGINEERING MANAGER OPENED BY: JENNIFER NEWS, PURCHASING AGENT ITNE55ED BY: CINDY RAIOLO, PURCHASING TECHNICIAN Excavation & Construction Duran Excavating Specialists R & D Pipeline, Inc, Greeley, CO Denver, CO Lakewood, CO Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 179,722.00 s 164,8.28.00 $ 232,300.00 50,060.00 $ 15,500.00 $ 39,804.00 229,782 .00 s 180,328.00 s 272,104.00 I I . ... ., c • E I: u ! ., c ' , Subject to review for completeness and accuracy. Posted As Read ... City of p WheatRi_dge PROJECT: ITB·1S·28 MISC. DRAINAGE PROJECT (CONST.) DUE DATE/TIME: TUESDAY, NOVEMBER 17,2015 BY 1 P.M. LOCAL TIME ALLOWED VENDOR (PRIME) $ s Action Direct LLC, dba Redline Pipeline I Redpoint Contracting Yes -Yes Yes Yes Yes Yes Yes Yes 170,817.00 $ 181,940.00 17,130.00 $ 65,000.00 187,947.00 $ 246,940.00 poge2o/2 $ EQUESTED BY: STEVE NGUYEN, ENGINEERING MANAGER OPENED BY: JENNIFER NELUS, PURCHASING AGENT 'NESSED BY: CINDY RAIOLO, PURCHASING TECHNIOAN -I S -I s D-02-15 MISCELLANEOUS DRAINAGE IMPROVEMENTS PROJECT LOCATION EXHIBIT West 47th Avenue (West Site) 46TH AVE 45TH PL West 48th Avenue (East Site) . 48TH AVE 1-Vl Vl ....J ....J ~ z SCALE· 1• • 500' . Attachment 2 ••• .. ~ J r City of • JP'"WlieatRi_dge ITEM NO: I~. DATE: December 14. 20 I 5 TITLE: REQUEST FOR CITY COUNCIL ACTION RESOLUTION NO. 55-2015 -A RESOLUTION AMENDING THE FISCAL YEAR 2015 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $300,000 FOR THE PURPOSE OF FUNDING THE KIPLING RJDGE TAX INCREMENT FINANCING AGREEMENT 0 PUBLIC HEARING 0 BIDS/MOTIONS ~ RESOLUTIONS 0 ORDINANCES FOR I 51 READING 0 ORDINANCES FOR 2 ° READING QUASI-JUDICIAL: 0 YES ¥.~ ~ NO ISSUE: The City entered into a Cooperation Agreement with Renewal Wheat Ridge (R WR) to establish the rights and responsibilities of the City and RWR with respect to sales tax revenues generated by the Kipling Ridge shopping center. TI1e 2015 adopted budget did not reflect revenues or expenditures for this project. The sales tax increment from June to December 2015 is estimated to be $300,000, thus requiring a supplemental budget appropriation in that amount. The increment will be transferred to RWR to pay the annual debt service on the loan for the Kipling Ridge project. PRIOR ACTION: On April 14,2014 City Council approved a Cooperation Agreement \vith RWR. FINANCIAL IMPACT: This supplemental budget appropriation will increase the General Fund budget by $300.000 and revenues will be adjusted accordingly. Therefore, there will be no impact to the General Fund reserves. Kipling Ridge Supplemental Budget Appropnation December 14, 20 IS Page 2 BACKGROUND: TI1e City adopted U1c 1-70/Kipling Conidors Urban Renewal Plan in May 2009 which provided for the utilization of property and sales tax increment Ill the plan area. On April 16. 2014. R WR entered into a Redevelopment Agreement with MVG Development which provided for the use of Tax Increment Financing (TlF) in the amount of two million dollars for the redevelopment of the aging shopping center and 38111 and Kipling. The redevelopment project began generating incremental sales tax revenues in June 2015. The annual debt service on this TIF Agreement is paid tiom these incremental ales tax revenues. The debt service payments were not budgeted in the 20 15 budget because the project details were not finali zed before the budget was adopted. The site currently includes two retaj ) tenants which opened in May and late June 20 I 5. A third retail pad is still avai lable for development. Staff estimates that the total sales tax increment generated from the site in 2015 wi ll be approximately 300.000. RECOMMENDATIONS: Staff recommends approval of the resolution in order to provide for a supplementaJ budget appropriat ion in the amount of$300,000 to pay the annual debt service on the Kipling Ridge TIF Agreement. "I move to appro e Re olution No. 55-2015, a resolution amending the fiscal year 2015 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of 300.000 for the purpose of funding the Kipling Ridge Tax Increment Financing Abrreemenl." Or. "I move to table indefinitely Resolution No. 55-2015, a resolution amending lhe fisca l year 20 IS Gencrul Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of 300.000 tor the purpose of funding the Kipling Ridge Tax Financing Agreement f<Jr the following reason(·) .. REPORT PREPARED/REVIEWED BY : Steve Art, Economic Development and Urban Renewal Manager Patrick Goff, City Manager/URA Executive Director ATTACHMENTS: I. Resolution No . 55-2015 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 55 Series of 2015 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2015 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $300,000 FOR THE PURPOSE OF FUNDING THE KIPLING RIDGE TAX INCREMENT FINANCING AGREEMENT WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution; and WHEREAS, the Wheat Ridge City Council entered into a Cooperation Agreement with the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge; and WHEREAS, on April 14, 2014 Renewal Wheat Ridge entered into a Redevelopment Agreement with MVG Development for a redevelopment project at the southwest comer of Kipling Street and West 381h Avenue; and WHEREAS, two of the three retail pads began operations in 2015 producing incremental sales tax revenues to the City of Wheat Ridge; and WHEREAS, the annual debt service on the Tax Increment Financing Agreement was not budgeted in the 2015 City approved budget. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. A transfer of $300,000 in hereby approved from General Fund undesignated reserves to account 01-105-700-718 and 2015 General Fund revenues are amended accordingly. DONE AND RESOLVED this 14th day of December 2015. Joyce Jay, Mayor ATIEST: Janelle Shaver, City Clerk Attachment 1 'i ' " ... • City of ? W heatRi_dge ITEM NO: I C, I DATE: December 14.2015 REQUEST FOR CITY CO UNCIL ACTION TITLE: MOTION T O ADOPT THE 201 6 REGULAR CITY COUNCIL MEETING CALENDAR D PUBLIC HEARfNG ~ BIDS/MOTIONS 0 RESOLUTIONS D ORDINANCES FOR I ST READfNG 0 ORDINANCES FOR 2ND READING QUAS I-JUDI C IAL: D YES 04><-~ 0cieQ(-'-" Sfr ISSUE: The calendar of City Counci l Meetings is adopted by a motion of the City Council yearly. Adopti ng the regular meeting calendar for the year is more efficient and enables the Mayor, Council and staff to schedule other events and travel in advance. The Council will be able to amend the schedule by motion throughout the year, if necessary. The proposed 20 16 City Council Calendar includes Study Sessions on the tirst and third Monday of each month and Regular Council Meetings on the second and fourth Monday of each month. It is recommended that certain City Council Meetings that conflict with observed C ity holidays or other known events during the year be canceled. Lncluded in the attached calendar, for your convenience, are the regularly scheduled Board & Commission Meetings and all observed City holidays. These events, however, are not adopted or changed by this Council motion. PRIOR ACTION: None FINANCIAL JMPACT: None Council Action Fonn -Council Meeting Calendar December I 4, 10 I 5 Page 2 BAC KGROUND: The regular meetings of the Wheat Ridge City Council arc based on the City Council Rules and the City Charter. It should be noted that four Study Sessions and one Regular Meeting fall on holidays when the City is closed and arc recommended for cancellation. The followi ng meetings are recommended for cancellation in 2016: Study Session. January 181h. Martin Luther King, Jr. Day Study Session, February 15tl', President's Day Study Session. July 4111, lnd~endence Day Stud y Session. September 5 ' , LabC>r Da y Regular Council Meeting, December 26'11• Christmus RECOMMENDATIONS: None RECOMMENDED l\10T10N: "I mo e to adopt th e 20 16 City Council Regular Meeting Calendar as presented.'' Or. ··1 move to postpone the adoption of the 2016 Ci ty Council Regular Meeting Calendar for the following reason(s) .. REPORT PREPARED/REVIEWED BY: Kelly K. Stevens. Deputy City Clerk Patrick Go ff, City Manager ATTACHMENTS: I. Propo. ed 20 16 Ctty Counci l Regular Meeting Calendar ,. .. .. Dt n :::r :1 CD :I .. ... Sun 3 10 17 24 3/ Mon 4 6:30pm Study Session II 7:00pm Council Meeting 18 AfLK DaJ Hoftdm 25 7:00pm Council Meeting January 20 16 Tue Wed Thu Fri Sat 1 2 Nelr fem-'.~ DaJ 1/olidny 5 6 7 8 9 6:00pm Renell'al 7:00pm Planning Wheat Ridge Commission I /2 13 14 15 16 9:00am Building 9:00am Liquor Code Advis01y Board License Authority 6: 00 pm Cultural Commission 19 20 21 22 23 6:00pm Renewttl 7:00pm Parks & Rec 7:00pm Planning Wheat Ridge Commission Commission 26 27 28 29 30 4:00pm Housing 9:00am Liquor Authority Licem;e A uthori~v 7:00pm Board of Adjustment - February 20 16 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 6:30pm Study Session 6:00pm Renew"/ 7 ·()() pm Plmmmg Wht!m Ridge Commi.\~Yion 7 X 9 /() II /] 13 7:00 fHII Council 9·00 am Btultl111g Y (10 wn Liquor Me<•ting Cndl! Adl'isury Bourd License Autlwritv 6 · on pm Cultural C omm1.~sion 14 15 /6 17 18 /9 20 Pre\ldt.·nt ·' Dm 6:00pm R1!11cwu/ 7·00 !""Purl\.\ & Rt•t 7:00pm Plannmg Flolitlm Wltem Rtdgc' C 0111//IIS.I'iOn Commission 21 11 :!3 J.l 25 16 17 7. 00 pm Council 4:0(1 pm 1-/ou~ing 9:00am Liquor Mt'ding A utltority Lice me A tulwrlZI' 7·00 pm Board o/' Adjustment 18 29 --- March 2016 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6:00pm Renew(ll 7:00pm Planning Wheat Ridge Commission ! . 6 7 . ~ 9 /{} II 12 6:30pm Study Session 9:00am Building 9:00am Liquor Code Advismy Bom·d License Authority 6: 00 pm Culruml Commission 13 14 15 16 17 /R /9 7:00pm Council 6:00pm Renewal 7:00pm Parks & Rec 7:00pm Planning Meeting Wltear Ridge Commission Commis.vion 20 11 22 23 24 25 16 6:30pm Study Session 4:00pm Housing 9:00am Liquor Authority License Aurhority 7:00pm Board of Adjustmenr 27 28 29 30 31 7:00pm Council Meeting April2016 Sun Mon Tue Wed Thu Fri Sat I 2 3 " j 6 7 8 () 6:30pm Suuh· Se.~sion 6:00pm Renl!ll'lll 7 ·()(} f1111 Planning Wheat Ridg•• Coll/1111 ,·,ion /() II 11 13 14 15 16 7. no pm Council <);()0 mn Budding 9:00 om L1q11ur Mec..•tlng Cotll.' Advis01y Board Lic:enst-A lllhortl\' 6 · fJf) filii Cultural C OlllllliS.Ii0/1 f7 lc'l /9 10 11 ]2 13 ~ J(J I"" Stm~,. Sesmm ti ·{)() pm Rl.!nell·(ll 7 00 pm Parks & Re' 7:00pm Plamr111g ll'lrt!tl/ Riclge c 0/llf/11.~.,;(1, C ()nlmi.l.\iOII 14 25 26 17 ltV 2Y 30 7 · 00 pm C o11 nell 4:00pm Ho/1.\ing V·()(J am LicJIIVI Meeung .lwltoritl' LICt!llse ,./.uthorin• 7:00pm Buard uf A tij II. \(/1/(!fl I May 2016 Sun Mon Tue Wed Thu Fri Sat I 2 3 4 5 6 7 6:30pm Study Session 6:00pm Renewal 7:00pm P!cmning Wheat Ridge Commission 8 9 10 II 12 13 14 7:00pm Council 9:00am Building 9:00am Liquor Meeting Code Advisory Board License Authority 6: 00 pm Cultural Commission 15 16 17 /8 /9 10 11 6:30pm Study Session 6:00pm Renewal 7:00pm Parks & Rec 7:00 pm Planning Jflheat Ridge Commission Commission I I 21 23 24 25 16 17 28 7:00pm Council 4:00pm Housing 9:00am Liquor Meeting Authority U cense Authority 7:00 pm Board of Adjustment 29 JO 31 Holu1m· June 2016 Sun Mon Tue Wed Thu Fri Sat I 2 3 ./ 7 ·()() pm Plwmmg Commisswn 5 I) 7 8 9 Ill II 6:30pm Sftu~r Session 6:00pm Renemd 9:00 tun But/ding Y:UO am Liquor ll'ht•m Ridge Code Ad1·iHJT')' Bonrd Licen,\e Autlumtv 6. OU pm Cu/wra/ Com mi., 'ion . 12 13 /4 15 16 J7 /H 7 ·()(I pm Council 7. 00 pm Park!> & Uec 7:(}() pm Plannmg Mct•tmg C urn miss ton Conunis.,ion I /C) 10 ]/ 12 13 ]-I ,~ _J 6 ·.Wpm Stut£1' Se.\sitm 6 ·00 ruu Rellt!ll'ul 9:00 am Liquor Whew Rulge License Auchoritr 7·(){) pm Bonrd td /l(~justment 16 17 18 ]J) JO 7·()() pm Coundl 4 ()() pm Hou.,ing A/('L'Iillg A ut/l()nlr July 2016 Sun Mon Tue Wed Thu Fri Sat I 2 J 4 5 6 7 8 9 lndepen(ll!IU.'t' Da) 6:00pm Renewal 7:00pm Planning Holiday Wheat Ridge Commission 10 11 12 /3 14 15 16 7:00 pm Council 9:00am Buildfng 9:00am Liquor Meeting Code AdviSOIJ' Board License Authority 6: 00 pm Cultural Commission 17 18 19 20 21 22 13 6:30pm Study Session 6:00pm Renewal 7:00pm Parks & Rec 7:00pm Planning Wheat Ridge Commission Commission 24 25 26 27 28 29 30 7:00pm Council 4:00pm Housing 9:00am Liquor Meeting Authority License Authority 7:00pm Board of Adjustment 31 --··--·-····- August 2016 Sun Mon Tue Wed Thu Fri Sat I ] J 4 5 6 6 JO pm Stud\' Ses~ion 6:00 fiT// Rent'll'ol 7 ·()(J pm Planning Wlwal R idgt-Commission 7 ."1 9 /0 II 11 IJ 7:00pm CmmLil 9:00 (Ill/ Build111g l):f/0 cmt Liquor Mec•ting Code ~tl,•tsun· Board License A utlwri11 6: OU pm Culturttl Commi.,.,;on /4 15 /6 17 /,<f /I) 20 (1:30pm Stud\' Se~.,ir.m 6 ·UO rnn RenC'wal 7:00pm Purl..\ & Rec 7:00pm Plw111ing Wheat Ridp,e Comm1ssion C(lmmissiun ]/ 21 13 14 15 !6 ,- 7·00 pm Cuuncif 4. 00 pm f fou,/1/g 9:00 um Liquor Meeung Authon~l License A utlumt1 7:00pm Board o/ Adjustment 2X )I} 30 Jl September 20 16 Sun Mon Tue Wed Thu Fri Sat I 2 3 7:00pm Planning Commission 4 5 6 7 8 y /0 I Labor Dov Holtday 6:00pm Renewal 9:00am Liquor Wheot Ridge License AuthoritY II 12 13 14 15 16 17 7:00 pm C.cuncil 9:00am Building 7:00pm Planning Meeting Code Advisory Board Commission 6: 00 pm Cultural Commission 18 19 20 21 22 23 24 6:30pm Study Session 6:00pm Renewal 7:00pm Parks & Rec 9:00 (lm Liquor Wheat Ridge Commission License Authority 7:00pm Board of Adjustmenr 25 26 27 28 29 JO 7:00pm Council 4:00pm Housing Meeting A whority October 2016 Sun Mon Tue Wed Thu Fri Sat I 2 J 4 5 6 7 (~ 6 ·30 pm Stutly Session 6. 00 pm Rem•wal 7:00pm Planning Wheat Ridge Commission () IU If 12 13 /4 /5 7·00 pm Cowrdf Y·OO anr Bwldmg 9:00 twr Lu,um Meeting Code .-ldl'i.\OI'I' Board LiC('IISe ,;lutfllll'l~l' 15. 00 pm Cultural Commi>,1irm /() 17 IH /Q ]() 11 77 6. J() pm Slut~\' Session 6 ·OfJ pm Renewal 7:VV f1111 Parks & Rec. 7:00pm Plonnmg Wlreat Rftlgt' Commi' \ion Commi.Hion 13 ]4 15 16 ]7 18 ]I) 7:00 Jll'' Ccwnctl -1 ·00 pm llnu.1mg 9:00am Liquur ,\lleeting A uthori~l' License Autlwrrtl' 7:00pm Board uj Atliu.\'11111.!111 30 31 ----- November 2016 Sun Mon Tue Wed Thu Fri Sat I 2 3 4 5 6:00pm Renewal 7:00 pm Planning Wheat Ridge Commission I 6 7 8 9 10 II 12 6:30pm Study Session Election Day 9:00am Building 9:00am Liquor Vetertm \ Dav Code Advisory• Board License Authority Jfo I itl m 6: 00 pm Cultural Commission /3 14 15 16 17 18 19 7:00pm Council 6:00pm Renewal 7:00pm Park. t.f: Rec: 7:00pm Planning Meeting Wheat Ridge Commi.uion Commission 20 21 22 23 24 25 26 6:30pm Study Session 4:00pm Housing Tlumk\gil'irtg flo/ida.' Authoriry I/o/ida! 27 28 29 30 7:00pm Council Meeting December 2016 Sun Mon Tue Wed Thu Fri Sat 1 2 3 7:00pm Plumung Commission 4 5 6 7 8 9 10 6:30 Stw(l' SeHion 6:00pm Rent'II'CII 9:00 mu Liquor Wheat Uidge License A wlu:m tv 11 11 /3 J.l 15 16 17 7·00 Ccnmc·J! M eetmg Y:OO am Bwldin~ 7:00pm Plt111ning Code Atll'isOTJt Bvurd Cmnmi\'Sion 6. ()() Jmt Culltlral Ccmuni.,~ion 18 Jt) 1(} 11 ]] ]J 24 6: JO Sflld\' S<·~sicm 6 ·0(1 pm Rem'\l'tll l ·()U pm Parks & 9:UO om Liquor Whectl Ritlge Rec: Commission License A utlwrtty 7:00pm Boord of Adjustment ]5 16 27 28 19 30 J/ Cltn\fmm 1/uliclm Cllri\fntct' /lollllay .J:fJO pm Housing A utlrortfl' "~ J 4 -• ~ City of • JP'WheatRi._dge ITEM NO:~ DATE: December 14,2015 REQUEST FOR CITY COUNCIL ACTION -~ TITLE: MOTION TO APPROVE REAPPOINTMENT OF NANCY SNOW AND WANDA SANG TO THE ELECTION COMMISSION, TERMS TO EXPIRE DECEMBER 31,2017 0 PUBLIC HEARING 1:8] BIDS/MOTIONS 0 RESOLUTIONS 0 ORDINANCES FOR I ST READING 0 ORDINANCES FOR 2N° READING QUASI-JUDICIAL: D YES 1:8] NO ~ ISSUE: The members of the Election Commission are appointed by City Council. There are two at-large positions on the commission. Wanda Sang has served on the Election Commission since 2011 and Nancy Snow has served since 2014. Both of their terms expire December 31, 2015. Both Ms. Sang and Ms. Snow have indicated their desire to continue serving on the Election Commission. There are no other applicants. PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUND: Members of the Election Commission are appointed by City Council. Council Action Fom1 Reappointments to the Elect10n Com1mssion December J 4, 2015 Page2 RECOMMENDATIONS: Staff is recommending that Wanda Sang and Nancy Snow be reappointed to the Election Commission, tenns to expire on December 3 I. 2017. RECOMMENDED MOTION: "1 move lo approve the reappointmen t of Wanda Sang and Nancy Snow to the Election Commission, terms to expire December 31. 20 17.'' Or "I move to deny the reappointment of Wanda Sang and Nancy Snow to the Election Commission for the following reason(s) " REPORT PREPARED BY: Kell y K. Ste ens. Deputy City Clerk Patrick Goff, City Manager ATTACHMENTS: I. Applica ti on from Nancy Snow 2. Application from Wanda Sang ' .... • • • City o f :P"Wheat~dge Board and Commission Application APPLICATION FOR APPOINTMENT TO THE: Election Commission (Board/Commission/Committee) DATE: Nov. 12, 2015 DISTRICT: Three ----------------- 51 Years HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: ___ ARE YOU A REGISTERED VOTER?_Y_e_s ___ _ WHY ARE YOU SEEKING TIDS APPOINTMENT? ________ _ I am an Incumbent and care about fair elections and desire that all wllo are eligible should vote DO YOU HAVE EXPERIENCE IN THIS AREA? _______ _ I am an Incumbent Member, have been an elected official, and know election law well. BA VE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WJDCH ONE? HOW LONG? City Council, Planning Commission, Election Commission. Numerous years. ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDENCE OR DUTIES?_No_n_e --------- mGNATURE._·~-~/u~;~/~~~u~z ~·\:~·~«~~~~~------ PRINT NAME Nancy Snow ADDREss 11155 W.40th Ave HOME PHONE 303-422-2059 BUSINESS PHONE 720-508-7276 E-MAIL ADDREss nsnow@totalspeed. net APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR City Clerk's Office, 7500 W. 291& Ave., Wheat Ridge CO 80033 Attachment 1 . . ~ __ .. _ • City of JP'"WheatRi_dge Board and Commission Application APPLICATION FOR APPOINTMENT TO THE: c L c;c r 1 o "-.} Co ~'h ~n , 5. .s 1 o IV (Board/Commission/Committee) DATE: l;l_ /J-( I::::.-DISTRICT: __ 1T _____ _ HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE:~ ARE YOU A REGISTERED VOTER? ~ e S WHY ARE YOU SEEKING TffiS APPOINTMENT? 13-t.t c~ JJc~ HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND fF SO, WHICH ONE? HOW LONG? ~~ '"'-c ~ "'t;_CC: ~G'~ ARE THERE ANY CONFLICTS WlllCH WPJILD INTERFERE WITH REGULAR A ITENDENCE OR DUTIES? N 0 ~~-------------- SIGNATURE ;JJLA.. ~A........_:S PRINT NAME )\J.A:N D A s A tJ Cr ADDREss 3&eo r-p, G~td 6-S t-tu II &7c7 f_, /'J(r€ Cu~ou3l HOME PHONE 30 _":3-'-/ S 1 -<f3 7o BUSThffiSSPHONE ____ ~~~~~------------------------- E-MAIL ADDRESS StJ.Pt..q w/(8 C (_ ~c0-1 "t. IJ e..r APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR City Clerk's Office, 7500 W. 29'& Ave., Wbeat Ridge CO 80033 Attachment 2 L , • City of • JP'WlieatRl_.dge ITEM NO: _l__L_ DATE: December 14,2015 REQUEST FOR CITY COUNCIL ACTION ... TITLE: MOTION TO RATIFY THE MAYORAL REAPPOINTMENT OF JAMES BAHRENBURG TO DISTRICT 11 OF THE WHEAT RIDGE URBAN RENEWAL AUTHORITY dba RENEWAL WHEAT RIDGE, TERM TO EXPIRE NOVEMBER 30, 2020 D PUBLIC HEARING [8:1 BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2 ° READING QUASI-JUDICIAL: D YES 'f), fA~ City Clerk ISSUE: James Bahrenburg currently serves as the District II representative to Renewal Wheat Ridge and has served since 2006. Hi s tenn will expire on November 30,2015. Mr. Bahrenburg was contacted to see if he is interested in reapplying for a five-year tenn as a Renewal Wheat Ridge representative. Mr. Bahrenburg responded that be would like to serve for five more years. Mayor Jay is seeking to reappoint Mr. Bahrenburg for a five-year tenn to expire November 30, 2020. PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUN D: Members of Renewal Wheat Ridge are appointed by the Mayor and ratified by City Council. Council Action Fonn -ReappomlmenL to R WR December 14,2015 Page 2 RECOMM E DATIONS: Mayor Jay is recommending that James Bahrenburg be reappointed to Renewal Wheat Ridge representing District 11, Lenn to expire November 30. 2020. RECOMMENDED MOTIONS: "I move to rattfy the Mayoral reappointment of James Bahrenburg to District 11 of the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge. tem1 to expire November 30. 2020." Or "I move to postpone indefinitely the Mayoral reappointment of James Bahrenburg to District II of the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge, tenn to expire ovembcr 30. 2020 for the following reason(s) .. REPORT PREPARED/REVIEWED BY: Kelly K. Stevens. Deputy City Clerk Patrick Goff. C1ty Manager ATTACHMENTS: I. James Bahrenburg. Application for Renppointment ~ " ' , ~ City of pWlieatRLdge Board and Commission Application . APPLICATION FOR APPOINTMENT TO THE: ~wVu~~ u$-- (Board/Commission/Committee) ZDI~ ~€P 23 p ~: 3 1 cr DATE:.&*:;{~ -AJ )~ DISTRICT:....;.:zC ______ _ HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: /J'f} ARE YOU A REGISTERED VOTER? '(.a ; WHY ARE YOU SJE~NG TillS APPOINTME T? ~ ~z ~ ~~~e~i;;Jde~ ly DO YOU HAVE EXPERIENCE IN THIS AREA? ~ -~~ !171 R LJ Q{ ~ -fo ~vi-& HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WIDCH ONE? HOW LONG? ~~ ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDENCE OR DUTJES?--'-(}l....::o;...._ ______ _ SJGNATUR7_~;.......;... __ ___;,_-+r---- PRTNTNAME -r/tJ,(,£> All£e~ G- ADDREss J<o t" LJ. ~211 I//.).{_ HOME PHONE 3 c) 3 7' LjcJ -I II ( BUSINESS PHONE __ --__________________ _ E-MAILADDRESS &)_llllr f!_v s~ tf? lfoL . f!~ APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR City Clerk's Office, 7500 W. 291b Ave., Wheat Ridge CO 80033 Attachment 1 .i ~· ·.. City of ?WlieatR;L_dge ITEM NO: 11. DATE: December 14, 20 15 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPOINT ELECTED OFFICIALS TO OUTSIDE AGENCIES D PUBLIC HEARJNG ~ BIDS/MOTIONS 0 RESOLUTIONS 0 ORDTNANCES FOR t5T READTNG (10/12/15) 0 ORDINANCES FOR 2 ° READING (I 0/26/15) QUASI-JUDICIA L: D YES c~ ~-~ ikf .... ~ City Cl k ISSUE: 2016 Outside Agency Committee appointments. PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUND: City representatives are appointed to the various agencies at a regular City Council Meeting by motion. RECOMMENDATIONS: Per Mayor Jay the following Outside Agency positions for appointment are: Colorado Municipal League, Policy Committee Member-Council Member Zachary Urban, with Council Member Monica Duran appointed as alternate Police Seizure Fund -Council Member Larry Mathews Counci l Appointments Del!embcr 14, 20 15 Page2 RECOMMENDED MOTION: "I move to appoint Council Member Zachary Urban to the Colorado Municipal League, Policy Committee Member, with Council Member Monica Duron appointed as altemate.'· And, I move to appoint Council Member LaiTY Mathews to the Police Sci7.ut·e Fund. Or. .. l move to den y the appoi ntment of ________ lor the foll owing reason(s) ____________ _ REPO RT PREPARED/REVIEWED BY: Janice Smothers, Administrative Assistant to the Mayor and City Council Patrick Goff: City Manager .,. ~ I ~ ~ ,.. City of ?WlieatR.l,dge ITEM NO:~ D ATE: December 14,2015 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 28-2015 AN ORDINANCE APPROVING A ZONE CHANGE FROM RESTRICTED COMMERCIAL (RC) TO MIXED USE-NEIGHBORHOOD (MU-N) FOR PROPERTY LOCATED AT 4340 HARLAN STREET (CASE NO. WZ-15-08 / LIGHTWAY) ~ PUBLIC HEARING D BIDS/MOTIONS 0 RESOLUTIONS QUASI-JU DICIAL: ISSUE: D ORDINANCES FOR I ST READfNG (11 /912015) ~ ORDINANCES FOR zNo READ ING (12/14120 15) ~ YES D NO City Manager This appucation is for approval of a zone change from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) for property located at 4340 Harlan Street. The zone change is the first step of the process for redevelopment of this site under MU-N zoning. If approved, and prior to any construction, a site plan review will be required to confinn compliance with the City zoning code. This review would be administrative with no additional public hearings required. PRIOR ACTION: Planning Commission heard the request at a public hearing on November 5, 2015 and recommended approval. The staff report and meeting minutes from the Planning Commission public hearing are attached. Council Act1on Form -Zone Change 4340 Harlan December 14. 2015 Page 2 FINA NCIAL IMPACT: Fees in the amount of $873 were collected for the review and processing of Case No. WZ-15-08. If the proposed rezoning is approved. there could be an advancement oftbe City's goals for economic development. including tl1e possibility of reinvestment in the area. BAC KGRO UND : Subject Proper(\' The subject property is located at 4340 Harlan Street. The property i comprised of a .259 acre parcel on the cast side of Harlan Street with roughly 75 feet of frontage. Currently the propeny hns one structure that has a building footprint of 5. 760 square feel. The property was most recently used as a specialty antique store with an ancillary residence. Surrounding Land Uses The sunounding properties tnclude a variety ofland use and zoning designations. The 4300 block ofHarlan is primarily low inten ity. neighborhood commercial operations with some residences. To the north of the subject property is a 4.320-square-loot commercial structure zoned RC' and used for general ofiices. To the south is a 2.148-quare-foot commercial structure toned RC with a tattoo shop, a dog grooming busines, and a res1dencc in the rear. To the west is a I ,655-square-foot comn1ercial building zoned RC and a 2.417-square-foot commercial building zoned Mixed-Use Neighborhood (MU-N). To the cast is a residential neighborhood that is part of the Stevenson Subdivision~ it is zoned R-3 and developed with low-density residential usc~. Current and Proposed Zoning The property currcnUy is zoned Restricted Commercial (RC). The RC zoning accommodates various types of office uses. performing administrati\'e. profess1onal. and personal services, and provides for a limited range of neighborhood-oriented retail uses. The applicants are requesting the property be rezoned to Mixed Use-Neighborhood. a zone distTict intended to provide medium density mixed-use development. In addition to residential and cav1c uses. it allows for a more limited range of neighborhood· erving commercial and retail u. es. The applicant intends to open a ccond location (i)r their chlldcare operatitm, Lightway at Sloans. Additiunall y, they intend to rent office space on the second and third tloors, and include a resi dence at the rear of the existing structure. Minor changes to lhc building would be approved through a building permit. The application has been through the standard referral process with no concerns raised by any outside agencies or City departments. R ECOI\I.MENDED MOTION: ·'f mo e to approve Council Bill o. 28-2015, an ordinance approving a zone change from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) for property located at 4340 Harlan Street, Case No. WZ-15-08, on second reading and that i t take effect 15 days after tinaJ publication. for the following rea ons: Council Action Form -Zone Change 4340 Harlan December J 4, 2015 Page 3 Or, I. City Council has conducted a proper publ·ic hea.ring. meeting all public nouce requirements as required hy Section 26-109 of the Code of Laws. 2. The requested rezoning has been reviewed by the Planning Commission. whjcb has forwarded its recommendation. 3. The requested rezoning has been found to comply with the "criteria for review" in Section 26-I 12-E of the Code of Laws." "l move to deny Council Bill No. 28-2015, an ordinance approving a zone change from Restricted Commercial (RC) t.o Mixed Use-Neighborhood (MU-N) for property located at 4340 Harlan Street for the fo llowing reasons: t. 2. 3. and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at rhe next available regular busit'less meeting." REPORT PREPARED BY; Lisa Ritchie, Planner £1 Kenneth Johnstone. Commw1ity Development Director Patrick Gotf, City Manager ATTACHMENTS: I. Council Bill No. 28-2015 2 . Planning Commission staff report with attaclm1ents 3. Planning Commission minutes TITLE: CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER URBAN COUNCIL BILL NO. 28 ORDINANCE NO. ___ _ Series of 2015 AN ORDINANCE APPROVING A ZONE CHANGE FROM RESTRICTED COMMERCIAL (RC) TO MIXED USE-NEIGHBORHOOD (MU-N) FOR PROPERTY LOCATED AT 4340 HARLAN STREET (CASE NO. WZ-15- 08/LIGHTWAY) WHEREAS, Chapter 26 of the W heat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and, WHEREAS, Klare Looney for Lightway at Sloans has submitted a land use application for approval of a zone change to Mixed Use-Neighborhood zone district for property located at 4340 Harlan Street; and, WHEREAS, the proposed zone change is supported by the City's Comprehensive Plan-Envision Wheat and the zone change criteria specified in Section 26-11 2. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Klare Looney for Lightway at Sloans for approval of a zone change from Restricted Commercial (RC) to Mixed Use-Neighborhood (M U- N) for property located at 4340 Harlan Street, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: THE NORTH 75 FEET OF THE SOUTH 325 FEET OF THE EAST 145 FEET OF THE WEST 175 FEET OF THE WEST ONE-HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 3 SOUTH. RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL B: THE NORTHERLY 2 FEET OF LOT 9, STEVENSON SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO. EXCEPT THAT PORTION CONVEYED BY QUIT CLAIM DEED RECORDED JUNE 2, 19591N BOOK 1197 AT PAGE 259, COUNTY OF JEFFERSON, STATE OF COLORADO. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Attachment 1 Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative objective sought to be attained. Section 4. Severability: Conflicting Ordinance Repealed. If any section. subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid. the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinance~ in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this g th day of November, 2015, ordered it published with Public Hearing and consideration on final passage set for Monday, December 14, 2015 at 7:00 o'clock p.m .. in the Council Chambers, 7500 West 291h Avenue, Wheat Ridge. Colorado. and that lt takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of . 2015. SIGNED by the Mayor on this ___ day of _______ , 2015. ATIEST~ Janelle Shaver, City Clerk 151 publication: November 12, 2015 2nd publication: Wheat Ridge Transcript: Effective Date: Joyce Jay, Mayor Approved as to Form: Gerald Dahl. City Attorney ~ . ( ... ~ _ .,. City of • .. ~Wheat&_,dge ~OMMUNllY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planni ng Commission DATE OF MEETING: CASE NO. & NAME: ACTJON REQUESTED: LOCATION OF REQUEST: PROPERTY OWNER: APPROXIMATE AREA: PRESENT ZONING: COMPREHENSIVE PLAN: ENTER INTO RECORD: COMPREHENS~PLAN ZONING ORDINANCE VICINITY MAP CASE MANAGER: Lisa Ritchie November 5, 2015 WZ-15-08/Lightway at Sloans Approval of a zone change from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) 4340 Harlan Street Lightway at Sloans I Klare Looney and Jeremiah Buck 0.26 acres (1 1 ,292 square feet) Restricted Commercial (RC) Neighborhood Commercial Corridor CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. Attachment 2 l . REQUEST This application is for approval of a zone change from Restricted Commercial to Mixed Use- Neighborhood for property located at 4340 Harlan Street. The zone change is the first step oftl1e process tor approval for reuse ofthis site under MU-N zoning. If approved. it is anticipated that the owner will make minor site modifications with respect to parking. and minor interior renovations. Review for compliance will occur as part of a building penn it application. This review would be administrative with no additional public hearings required. The purpose of the rezoning is to locate a daycare facility with a residential unit toward the rear of the property and office space on the second and third floor. A daycare is not a pennirted use in the Restricted Commercial (RC) zone district. (Exhibit I. Applicant Letter) II. EXISTING CONDITiONS/PROPERTY HISTORY The subject property is located at 4340 Harlan Street. The property is comprised of a .259 acre parcel on the east side of Harlan Street with roughly 75 feet of frontage. Currently the property has one structure that has a building footprint of 5, 760 square feet. The property was most recently used as a specialty antique store with an a11cmary residence. Access to the property currently consists of two curb cut s with a horseshoe drive along Harlan Street. (Exhibit 2. Acriul Photo) The site is zoned Restricted Commercial (RC), and surrounding properties include a variety of zoning designations and land uses. The 4300 block of Harlan is primarily low intensity. neighborhood commercial operations with some residences. To the north of the subject property is a 4.320 square foot eommercial structure zoned RC used as general offices. To the south is 2, 148 square foot commercial structure zoned RC with a tattoo shop, a dog grooming business and a residence in the rear. To the west is a 1.655 square foot commercial building zoned RC and a 2,417 square foot commercial building zoned Mix.ed-Use Neighborhood (MU-N). To the east is a residential neighborhood thal is part of the Stevenson Subdivision zoned R-3 developed with low density residential uses. (Exhibit 3. Zoning Map) The property was originally built as a residence before being converted to an antique store in the 1970's. When the property was converted to commercial use, the owner also constructed an addition that added roughly 4,300 square feet to the building footprint. The rear and top floor of the existing building have been used residentially. (Exhibit 4, Improvement Location Certificate; Exhibit 5, Site Photos) Ill. PROPOSED ZONING The applicants are requesting the property be rezoned to Mixed Use-Neighborhood, a zone district intended to provide medium density mixed use development. [o addition to residential and offi ce uses. it allows tor a range of neighborhood serving commercial and retail uses, including day care centers. Planning Commission WZ-15-08/Lightway 2 The property is currently zoned Restricted Commercial (RC). The zone district was established to accommodate various types of office uses performing administrative, professional and personal services. and to provide for a limited range of retail uses which are neighborhood oriented. The applicant intends to open a daycare facility. provide office space on the second and third floor, and continue the residential use toward the rear of the property. The following table compares the existing and proposed zoning for the property, with standards for new development or major additions: Development RC zoning MU-N zoning Standard Allows limited office Allows new residential, Uses oriented commercial and commercial or mixed uses - existing residential uses. incl udes multi-family and live/work facilities. T raditional Overlay ASDM Mixed-Use standards apply, standards apply, including including high quality Architectural high quality architecture architecture required: standards StJlndards required; standards related related to articulation, variation. to articulation, variation. materials, transparency. materials, transparency. 35' ifthe building has 35' if the building has Max. Building Height residential use. 50' for aJJ residential use, 50' for aJl other other uses. uses. Max. Lot coverage 80% 90% for mixed use, 85% for single use. Min. Landscaping 20% I 0% for mixed use, 15% for single use. Build-to I Setbacks Front 0-12' build-to area 0 -12' build-to area Rear sdback 5' per story 5' Side setbacks 1 0', plus 5' per story 0' (0' if nonflammable) JV. ZONE CHANGE CRITERIA Staff has provided an analysis of tl1 e zone change criteria outlined in Section 26-11 2.E. The Planning Commission shall base its recommendation in consideration of the extent to whjcb the following criteria have been met: t. The change of zone promotes the health, safety, and general welfare ofthe community and will not result in a significant adverse effect on the surrounding area. Planning Commission WZ-15-08 Ltghtway 3 The change of zone will not result in adverse effects on the surrounding area. While rezoning would allow use beyond what is permitted in the RC zone district. any new development or major addition will require site plan review through which traffic impacts. drainage and buffering will be analyzed. The MU-N zoning is expected to add value to the subject property and also to the surrounding community. The mixed use development standards will support compatibility between future redevelopment and existing land uses. Staff concludes that this criterion has bee11 mer. 2. Adequate infrastructure/facilities are available to serve the types of uses aUowed by the change of zone, or the applicant will upgrade and provide such where tbey do not exist or are under capacity. All rc ponding ageneie have indicated they can serve the property. Prior to any major redevelopment, a site plan review appli cation will be required. This application will include o referral to all impacted utility agencies. In th e event that the current utility capacity is not adequate, the prope11y owner/developer will be responsible for utility upgrades. A building pem1it will be required for any minor interior modifications and any parking reconfiguration will be reviewed administratively for confonnance. Stqff concludes that this crilerion has been met. 3. The Planning Commission sbaU also find that at least one ( 1) of the following conditions exists: a. The change of zone is in conformance, or wiU bring the property into conformance, with the City of 'Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. Neighborhood Commercial Corridor Planning Commission WZ-15-08/Light way The pion s hows Neighborhood Commercial Corridors along; • 44'1' Ave,ue {between Youngfield and Kipling Streets) • 44"' Avenue (between Kipling Street and the greenbelt) Excerpl.from Envision Wheat Ridge S1ructure Plan • 441h Avenue {east of Wadsworth Boulevard} • Harlan Street {from 1-0 Property /ocaliun 70 to just south of ..11111~~----·.,,_ 44'h Avenue) 4 Envision Wheat Ridge, the City's 2009 comprehensive plan. identifies this area as Neighborhood Commercial Corridor, which is a designation intended to identify areas of future focus and emphasis. Future character and uses include a broad mix of activities, including small-scale, pedestrian friendly mixed-use retail, commercial businesses, and residential, wi tb a focus on promoting a compatible mix of uses to supply the daily services and needs of adjacent residential areas. Goals met with the proposal include the reinvestment in a property which will include a mix of neighborhood supporting uses, including daycare. residential use and office use. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on tbe official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current R-1 zoning designation as it appears on the City zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area bas occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Staff finds no evidence of significant changes in tl1e area. The zone change request from RC to M U-N neither responds to nor results in notable change of character. Sta.ff concludes that this criterion is not applicable. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of tbe City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable. Staff concludes that the criteria used to evaluate zone change support this request. V. NEIGHBORHOOD MEETING Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood input meeting in accordance with the requirements of section 26-1 09. Planniug Commission WZ-15-08/Ughlway 5 A meeting for n~ighborhood input was held on June 16,2015. There were no attendees from the neighborhood at the meeting. (Exhibit 6, Nei ~hborhood Meeting Notes) VI . AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specifi c referral responses follow: \Vheat Ridge Economic Development: No comments at thi s time. Wheat Ridge Fire Protection District: No comments. Wheat Ridge Water District: No comments. Wheat Ridge Public Works: No comments at this time. Wbeat Ridge Sanitation District: No comments. Xcel En ergy: o objections. Comments received relate only to the zone change request. A separate referral process would be required in th e future if the zone change is approved and a site plan for redevelopment is submitted . VII. STAFF CONCLUS IONS AN D R ECOMMENDATIO Staff concludes that the proposed zone change promotes the health. safety and general welfare of the communi ty. Staffft11ther concludes that the proposal is consistent with the goals and objectives of the Comprehensive Plan. Because the zone change evaluation cri teria support the zone change request. staff recommends approval of Case No. WZ-15-08. Vl ll. SUGGESTED MOT IONS Option A: "I move to recommend APPROVAL of Case Nu. WZ-15-08, a request fo r approval of a zone change from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) for property located at 4340 Harlan Street, for the following reasons: I. The proposed Lone change will promote the public health, safety, or welfa re of the community. "> The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Pl an. 3. The zone change will provide additional opportunity for reinvestment in the area. 4. The criteria used to evaluate a zone change support the request.'' Planmng Commi~~ion WZ-15-08 Light way 6 Option 8: "I move to recommend DENIAL of Case No. WZ-15-08, a request for approval of a zone change from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) for property located at 4340 Harlan Street, for the following reasons: I. 2. " Planning Commission WZ-15-08/Light way 7 Exhibit 1 -Applicant letter LJGHTWAY Augusl 31. 201~ To Whom It May Concem IJflhlway at Sloans 5440 wesJ 25" A...enue EdgewaJer Co 80214 303-862-5292 My name IS Klare Looney My husbllnd Jeremy Buctt and I reoeotly purchased the propefty located at 4340 Hartan Street. Wheat Rtdge. Co The property IS ourre11tly zoned R..C end we are proposing a zone change to MtxedUM As the property cummuy stands ~here 15 commeraal space located rn the front tower half of the bu!Adlng and re~enJJaltn the *k hillf W8 plan on l(eepmg the slr\lctvrW layout throughout thjll ~l'ly with bu.e and ml,.ltncl:l OOGmCbo Update~ We plan on ~ting ool the emtlng res!Oenual sectJoo located tn the ~ hatf of the propetty We hope to OCQIPY the from oommeraa! pen of the property Wtltl a second locabOn of my exiSbng c:tlltdcare thai ss cu~tly located tn E~r 1 Klare Looney. am the foundtf and~ of Ughtway at Sloans one or ttle tughetl tn demand dlllc:Jcale centers in the Metto area. With ewer 160 tamille$ on the current walt lest (Piease noce thai rt Is a S75 non refundable waitt!St fee) W. are currently located'" Edgew.at, and w11h 11\e lncraas.ng demand of quality chtld care. WG are hopi"Q to open our aecond locatiOn at 4340 Hanan Street Ughtway 11 QOI'\Illd~red a SmaJI Ceotef and this bumou modeS Wlll be duplicated at the Wheat Ridge loc8tion llgl'ltway Will OCQ.Ipy the front two large rooms 'Wtttl a maximum o1 15 b1$ under 3 at e bme da!fy The curren1 RC zontng allOws ktndergarten wtliCh tS children ol age 5 We would like to olfe{ day care options tor dlldfWI 6 weeki to 3 years old, which requttes a ~ning c:tlange of MIXed Used We nave attacned a partong plan that will safely and e1fiaentty PtOVIde wnat Is needed fot 4 staff. ltle residence and parents pidtlng up and dropping off Wrttl this zoning change Llghtway v.11 expose dOzens of farrnltes from the neighbOnng oreas to tne ctty of VVheal Rid9e refatl, restaurants end community Ughtway has PfO\Ien to tM! a ~J addition to the dty of Edgewater over the past 8 years and we look fotward to being an tmpoRant adcirtJon 10 Wheat Rtdga Thank you lor considering our zoning change request, as we look fOIWard 10 beootnng a proud member of the Wheat Ridge community &7;~.,l <-~t 6:. /J, c I Klare (poney Ughtway at Sloans -www. ~htwayatsloans oom 8QS.557 -5022 Planning Commjssion WZ-15-08 Lightway 8 Planning Commission WZ-15-08/Lightway Exhibit 2 -Aerial Photo 9 Planning Commission WZ-15-08 /Lighl way Exhibit 3 -Zoning Map 10 Exhibit 4 -Improvement Location Certificate ~ ·~·o U ''M •um LAND SURVEYING S460WAA0-• Sun'lt 160 .vMot.. CQIDIU,DO 80002 NAM~----------W'AQIIX~~~~~~~PCIOL--------- ~}420...788 .. ROVI!HENT L.Oc:Al'ION C E"RT'I ,.ICATE J I ! -~ ........ Ctllell .. ....._. ,....,. ~ ..... --.-... __ ,_ -1..-~u...-it ...... ~ -u.. I I I I f.:---~·- 1 ~ I ' ' I I I ' I l .. t I l..£GIU. DESCRIPTION r-p>o~CUI!NT) I SD U'IACIID) I..ICA1. llnCII.UTIOII L _...,._ ~--~!--~~~~==~~~~~~~~~~~~~ ·-'"' I I j l o' ~: t : : i l .,-I ,.t~l I ~ I I ~ 'I' :I I I I I : l W I• I I I !--"-~ -· ~_!._ ______ ---·Til".--~~---------------=-' -__. . .,..._.. --· -- Platming Commission WZ-15-08/Lightway _j 11 Planning Commission WZ-15-08/Lightway Exhibit 5 -Site Photos 12 Planning Commission WZ-15-08/Lightway 13 Looking south along Harlan Street. Photo taken from across the street and just north of the subject property. Looking south at the rear of the property. Planning Commission WZ-15-08/Lighrway 14 Exhibit 6-Neighborhood Meeting Notes NE IGHBORHOOD MEETING NOTES Meeting Date: Attending Staff: Location of Meeting: Property Address: Property Owner(s): Property Owncr(s) Present? Applicant: Existing Zoning: Existing Comp. Plan: Existing Site CondJtions: June 16,2015 Meredith Reckert, Senior Planner City of Wheat Ridge Mmticipal Building 7500 W. 29th Avenue Wheat Ridge, CO 80033 4340 Harlan Street K.laire Looney & Jeremiah Buck klooney@lightwayats loans.com Jbuck@treadglobal.com 808-557-5022 Yes Same Restricted Commercial (RC) Neighborhood, Primary Commercial Corridor The subject property is located at 4340 Harlan Street. The property is comprised of a .259 acre parcel on the east side of Harlan Street. Currently the property has one structure that has a building footprint of 5, 760 square feet. The property was most recently used as a specialty antique store with an ancillary residence. The site is zoned Residential Commercial (RC), and surrounding properties include a variety of zoning designations and land uses. The 4300 block of Harlan is primarily low intensity, neighborhood commercial operations with some residences. To the north of the subject property is a 4,320 square foot commercial structure zoned RC used as general offices. To the south is 2,148 square foot coJmnercial structure zoned RC with a tattoo shop, a dog grooming business and a residence in the rear. To the west is a I ,655 square foot commercial buil ding zoned RC' and a 2.417 square foot commercial structure zoned Mixed-Use Neighborhood (MU-N). To the east Planning Commission WZ-15-08fligbtway 15 is a residential neighborhood that is part ofthe Stevenson Subdi vision zoned R-3 developed with low density residential uses. Based on Jefferson County Assessor's records, the subject property is comprised of one parcel totaling .259 acres. The property tronts along Harlan Street and has 75 feet of frontage. There is one curb cut on the south side of the property which is roughly 15 feet in width. It appears that the property utilizes a curb cut on th e prope1ty to the north. . The property was originall y built as a residence before being converted to an antique store in the 1970's. When the property was converted to commercial. the owner also constructed an addition that added roughly 4.300 square feet to the building footprint. The rear and top floor of the existing building have been used residentially. Applicant Preliminary Proposal: The applicant is proposing to convert the subject property into a daycare facility with a residential unit on the first floor and an office space for the second and third floor. The daycare facility. Lightway, would have four active staff members for fi fteen children comprised of5 babies and I 0 toddlers. The residential unit is an existing condition and is located in the eastern half of the building. The o ftice use for the second fl oor and third floor would be a product sourcing and development service. The appl icant will not be making any al terations to the exterior of the structure. The applicant has expressed an interest to accommodate more parking and landscaping. Because the RC zoning does not allow day care facilities, a zone change to Mixed-Use Neighborhood (M U-N) is begin proposed. A day care fa cility is a pem1itted land use in MU-N. There were no attendees from the neighborhood. Planning Corrunj::;sion WZ-15-0S/Lightway 16 No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WZ-lS-08: Ms. Reckert gave a short presentation regarding the zone change process and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digjtal presentation. She stated the public notice and posting requirements have been met. The applicant is requesting approval of a zone change from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) for property located at 4340 Harlan Street. The purpose of the rezoning is to expand permitted uses to locate a daycare facility with a residential unit toward the rear of the property and office space on the second and third floor. A daycare is not a permitted use in the RC zone district. Ms. Reckert stated that the primary difference between RC and MU-N zoning is MU-N allows residential uses including live/work facilities. At this time there are no proposals for redevelopment on the site. The applicants plan to modify the interior, which at the rime will require building permit approval. Ms. Reckert also pointed out that this change in zone is in conformance with the City of Wheat Ridge Comprehensive Plan which identifies Harlan as a Neighborhood Commercial Corridor. A neighborhood meeting was held on June 16, 20 I 5 which had no attendees and there were no calls or letters of concern after the 15 day posting. Ms. Reckert stated that if the zoning is approved there will be a site plan reviewed administratively to make sure the parking area meets the standards, a plat, if required, and a building pennit. Commissioner DORSEY noticed the property is filled with a lot of building space and is concerned if there is enough parking for the daycare clients along with the residential parking. Ms. Reckert stated this was also staffs concern. Staff recommended the applicants work with an architect to lay out designs with modifications for the daycare parking so they have adequate parking and there are no conflicts with pedestrians. Commissioner TIMMS wanted to know what was on the other side of the tall windows, in the building. KJare Looney 4340 Harlan Street The applicant, Ms. Looney, stated that it is one big room behind the window and to the left is anotl1er big room. Both of which will be used for the daycare. The residence is in the back and upper floor of the building. Planning Conunission Minutes November S, 2015 Attachment 3 -2 - Commissioner TIMMS noticed a few other properties in the neighborhood have also been rezoned to MU-N, and wondered if there is any chance the city has looked at a city initiated rezoning for this area. Ms. Reckert stated that staff and planning commission have talked. about it and will discuss it more after the first of the year. Commissioner OHM asked because of the offices on the third floor if the zone change will trigger ADA compliance or is it already ADA compatible. Ms. Reckert stated she believed it is already ADA compatible and indicated that the inspectors bad already been out to look at structure. Ms. Looney stated they are not going to move forward with the offices nght now, but that they have met with the inspectors and are complying with their requests. CHAIR BUCKNAM asked if the structure will currently be under the maximum lot coverage for MU-N which is 90%. Ms. Reckert said yes the building structure will be under the 90% maximum lot coverage. Commissioner TIMMS asked about having an outdoor play area for the daycare children. Ms. Looney stated they are working with the adjacent property owner to get an easement and that they are going to rent 750 sq. ft . from the neighbor to lhe south. Commissioner TIMMS asked if the outdoor play area will be part of the site plan revtew. Ms. Reckert stated that an outdoor play area 1s not required by the city, only the state. so it will not be part of the site plan review. It was moved by Commissioner OHM and seconded by Commissioner Kimsey to recommend APPROVAL of Case No. WZ-15-08, a request for approval of a zone change from Restricted Commercial (RC) to Mixed Use-Neigbborbood (MU-N) for property located at 4340 Harlan Street, for the following reasons: J. The proposed zone change wiU promote the public health, safety, or welfare of the community. 2. The proposed zone change is consistent with the goals aod objectives of the City's Comprehensive Piau.. 3. The zone change will provide additionaJ opportunity for reinvestment in the area. Planning Commission Minutes November 5, 2015 -3 - 4. The criteria used to evaluate a zone change support the request. Motion carried 7-0. B. Case No. WlrlS-04: Ms. Reckert gave a short presentation regarding the zone change process and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents o f the digital presentation. She stated the public notice and posting requirements have been met. The applicant is requesting approval of a zone change from Planned Commercial Development (PCO) to Mixed Use-Neighborhood for property located at 10590 W. 441h Avenue. In 2001 the property was rezoned from Agricultural-One (A-I) to Planned Commercial Development (PCD) with the intent of developing the property into a garden center. No residential uses are included in the permitted uses. The applicant is requesting MU-N for the flexibility of having commercial and residential uses allowed on the property. Ms. Reckert continued that the MU-N setbacks are more pedestrian friendly as opposed to the PCD setbacks which place the buildings farther away from the street. The change of zone is also in conformance with the City of Wheat Ridge comprehensive plan goals because it will allow for a wider range of development scenarios on the property. A neighborhood meeting was held on April 13, 2015 in which no neighborhood attendees were present. Also, there were no phone caJJs or letters received and no concems from city departments or agencies. Slawomir ~labek 4745 S. Andes St., Aurora, CO Plans for the site might be townhomes and construction would likely start in in 2016. There were no questions from the Commission. It was moved by Commissioner DORSEY and seconded by Commissioner TIMMS to recommend APPROVAL of Case No. WZ-lS-04, a request for approval of a zone change from Planned Commercial Development (PCD) to Mixed Use-Neighborhood (MU-N) for property located at 10590 W. 441b Avenue, for the following reasons: 1. The proposed zone change is consistent with Envision Wheat Ridge and tlte Fruitdale Valley Subarea Plan Planning Commission Minutes November 5, 2015 -4 - ~ . ~ -' ~ .. City of :P'WheatRi_dge ITEM NO :~ DATE: December 14, 20 15 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 29-2015 -AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 10590 WEST 44'h A VENUE FROM PLANNED COMMERCiAL DEVELOPMENT (PCD) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-15-04/GOLABEK) (8] PUBLIC HEARING 0 BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: Community Development ISSUE: 0 ORDINANCES POR 1ST READING (11 /09/2015) (8] ORDINANCES POR 2 ° READING (12/14/2015) YES D NO IJ.~ City Manager The applicant is requesting approval of a zone change from Planned Commercial Development (PCD) to Mixed Use-Neighborhood (MU-N) for property located at 10590 W. 44th Avenue. The proposed rezoning area includes one parcel, which is approximately .45 acres. The purpose of the zone change is to expand permitted uses for the site, including the optjon for residential construction. This is the first step of the process for development of the site with MU-N zoning. If the zone change is approved, future redevelopment of the site would be reviewed adminjstratively through a site plan review process to confinn compliance with all zoning code standards. PRIOR ACTION: This case was heard by Planning Commission on November 5, 20 I 5 and a recomm endation of approval was given. The staff report and meeting minutes from the Planning Commission public hearing are attached. Council Action Form-Zoning Change for I 0590 W. 44111 Avenue December 14.2015 Page1 FlNANCIA L IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of $900 were collected for the review and processi ng of Case No. WZ-15-04. If the proposed rezoning is approved, tltere could be an advancement of the City's goals for the redevelopment of underutilized properties and increased housing choices in the community. BACKGROUNU : Subjecl Property The property. which is vacant is located at the southeast comer of West 4411' A venue and Moore Street in the n01thw~o:stem quadrant of the City. The site is zoned Pl anned Commercial Development (PCD) and is in an area which has a mix of residential and commercial use s. Based on Jefferson County records, the subject property consists of one lot under the Parcel ID: 39-2 1 1-1 1-028 With a total area of 22,0 13 square feet. The property is part of the JayLan)' Subdivision ami ha roughl y 150 feet of frontage along W. 44'11 A venul! and roughly 1 60 feet along Moore Street. The property was rezoned fi·om Agricultural-One (A-I) to PCD in 200 I. The intent of the zone change\\ as to develop the property into a garden center: however. other commercial uses. including office. service and retail. arc also allowed in the planned development. Surrounding Land Uses Propert1es to the west are zoned Residentiai-Tiu ec (R-3) and Agricultural-One (A-I). The property to the so uth is a multi-family resid ence zoned R-3. TI1e property to U1e east is the 1 ew Gate Apartment complex zoned Planned Residential Development (PRD). The two lots to the north arc zoned Residential-Two (R-2) and A-I and have a church and residence on them. Curre111 and Proposed Zoning The upplicant is requesting the property be re7<med to Mi"Xed Use-Neighborhood (MU-N). a zone district that is generally found along neighborhood main streets and at neighborhood commercial centers. The zone district i~ established to encourage medium-density. mixed-use developments in which residential uses are pennitted, in addition to a limited range of neighborhood-serving commercial and retail uses. While the current PCD documents were intended to accom modate a garden center, permitted uses include oftice. retail and service. New residential uses are not allowed. The MU-N zone di strict al lows office. service. retail and residential uses. The t1ex ibility of use allowed in the MU-N is attractive for property owners as it could aJI<.>w new mulli-trunily and live/work opportunities. The appli cation has been through the standard referral process with no concerns raised by any outside agencies or Ci ty departments. A separate referral process will be required as part of future site redevelopment Council Action Form -Zoning Change for I 0590 W 441h A venue December 14.2015 Page 3 RECOMMENDED MOTION: "I move to approve Council Bill No. 29-2015, an ordinance approving U1e rezoning of property located at 10590 West 44th Avenue (Case No. WZ-15-04) from Planned Commercial Development (PCD) to Mixed Use-Neighborhood (M U-N). on second reading and th at it tak e effect 15 days after final publi cation for the following reasons: Or. t . City Council has conducted a proper public hea1ing meeting all public notice requirements as required by Section 26-109 ofthe Code of Laws. 2. The requested rezoning has been reviewed by the Planning Commission. which has forwarded its recommendation of approval. 3. ·n1e requested rezoning has been found to comply with the ''criteri a for review'' in Section 26-1 12-E of the Code of Laws." ''1 move to deny Council Bill No. 29-2015. an ot·dinance approving the rezoning of property located at 10590 West 44111 Avenue from Platmed Commercial Development (PCD) to Mixed Use-Neighborhood (MU-N). on second reading for the following reasons: I. 2. 3. And. direct the City Attorney to prepare a Resolution of Denial, to be scheduled tor City Council consideration at the next available re!,~lar business meeting." REPORT PREPARED/REVIEWED BY: Meredith Reckert. Senior Planner Kenneth Jolmstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 29-2015 2. Planning Commission staff report with attachments 3. Plaruung Commission minutes TITLE: CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER WOODEN COUNCIL BILL NO. 29 ORDINANCE NO. ___ _ Series of 2015 AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 10590 WEST 44th AVENUE FROM PLANNED COMMERCIAL DEVELOPMENT (PCD) TO MIXED USE- NEIGHBORHOOD (MU-N) (CASE NO. WZ-15-04/GOLABEK) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and, WHEREAS, Slawomir Golabek has submitted a land use application for approval of a zone change to Mixed Use Neighborhood zone district for property located at 10590 W. 44tn Avenue; and, WHEREAS, the subject property has long been underutilized, and the Mixed Use -Neighborhood zone district will accommodate redevelopment of the site; and , WHEREAS, the proposed zone change is supported by the City's Comprehensive Plan-Envision Wheat and the zone change criteria specified in Section 26-112. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE , COLORADO: Section 1. Upon application by Slawomir Golabek for approval of a zone change ordinance from Planned Commercial Development (PCD) to Mixed Use-Neighborhood (MU-N) for property located at 10590 W. 441h Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: Lot 19 of Jaylarry Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado, except any portion lying within the southerly 33 feet adjacent to the centerline of West 44th Avenue as monumented by the City of Wheat Ridge, Colorado. Said parcel contains 24,894 square feet. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the Attachment 1 City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative objective sought to be attained. Section 4. Severabilityj Conflicting Ordinance Repealed . If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this gth day of November, 2015, ordered it published with Public Hearing and consideration on final passage set for Monday, December 14, 2015 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 291h Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after fina l publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 14th day of December, 2015. SIGNED by the Mayor on this ___ day of ______ , 2015. ATIEST: Janelle Shaver, City Clerk 1st publication: November 12, 2015 2nd publication: Wheat Ridge Transcript: Effective Date: Joyce Jay, Mayor Approved as to Form; Gerald Dahl, City Attorney CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED: LOCATION OF REQUEST: PROPERTY OWNER: APPROXIMATE AREA: PRESENT ZONING: COMPREHENSIVE PLAN: ENTER INTO RECORD: COMPREHENSIVE PLAN ZONING ORDINANCE CASE MANAGER: Meredith Reckert November 5, 2015 WZ-15-04/Golabek Approval of a zone change from Planned Residential Development (PRD) to Mixed Use-Neighborhood 10590 W. 44111 Avenue MGL Properties .45 acres Planned Commercial Development (PCD) Neighborhood Commercial Corridor, Neighborhood CASE FILE & PACKETMATERlALS DIGITAL PRESENTATION All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. Planning Commission WZ-15-04/Golabek Attachment 2 I. REQUEST This application is for approval of a zone change from Planned Commercial Development (PCD) to Mixed Use-Neighborhood (MU-N) for property located at 10590 W. 44111 Avenue. The zone change is the first step in the process fo r approval of a future mi xed use development on the site. If approved, and prior to any construction, a site plan review will be required to confun1 that proposed development meets the design standards of the mixed use zone district. The proposed zone change includes a single parcel. the total of which is approximately .45 acres. (£xltibu I .. lcrial photo) II. EXJSTING CONDJTIONS/PROPERTY HISTORY Subject Property The property. which is vacant. is located at the southeast comer ofWest 44'11 Avenue and Moore Street in the northwestern quadrant of the City. The site is zoned Planned Commercial Development (PCD) and is in an area which ha a mix of residential and commercial uses. The property was rezoned from Agriculrurai-One (A-I) to PCD in 200 I. The intent of the zone change was to develop the property into a garden center; however. other commercial uses including office. service and retail are allowed in the planned development as well. (F:xhibit ::. PCD plan) The development plan is comprised of three sheets. Sheet I shows a tentative lot design including a 2000 square foot garden center with outside display area. Sheet 2 establishes al lowed uses and development standards. A landscape plan and building elevations are depicted on Sheet 3. Surrounding Zoning and Land Usc Properties to U1e west are zoned Resident1ai-Three (R-3) and Agricultural-One (A-1 ). The property to the south is a multi-fami ly residence zoned R-3. The property to the east is the New Gate Apartments oompl ex zoned Planned Residenti al Development (PRO). The two lots to the north are zoned Residential-Two (R-2) and A-1 and have a church and residence on them. (Exhibit 3, :oning mup) Based on Jefferson County records. the subject property consists of one lot under the Parcel lD: 39- 211-11-028 with a total area of22,013 square teet. l11c property is pa1i of the JayLarry Subdivision. And has roughly 150' of fi·ontage along W. 44th A venue and roughly 160' along Moore Street. (£xhihll .J. Slle pho!OS) Ill. PROPOSED ZO I G The applicant is requesting the property be rezoned to Mixed Use-eighborhood {MU-N), a zone district that is generally located along neighborhood main streets and at neighborhood commercial Plannmg Commis ·ion 2 '<V Z-I 5-04/Golabek centers. The zone district is established to encourage medium density mixed use development in which residential uses are permitted, in addition ro a limited range of neighborhood-serving commercial and retail uses. While the current PC D docwnents were intended to accommodate a garden center, permitted uses include office, retail and service. New residential uses are not allowed. The MU-N zone di strict also all ows office, service and retail but residential uses as well. The tl exibility of uses allowed in the MU-N is attractive for property owners as it could allow new multi- family and live/work opportunities. The following table compares the proposed and existing standards that apply to the s ubject property. \ll -' P< ·n Uses Allows new residential. commercial, Allows offi ce, service and retail. No or mixed uses -includes multi-residential development is allowed. family and live/work facilities. AJJows outside display. ~ High quality architecture requi red: Per page 3 of the PCD docs, Staadards standards related to articulation, architectural materials include lap variation, materials, transparency siding, metal panels, brick accents with transparency on north and west. There are no standards related to articulation or materials variation. BUikUilg Height 35 feet if building has residential use 35 feet for all uses (ma) 50 feet for all other uses Btdkl~ I Setbacks Front 0 -12 foot build-to area 30 feet Rear setbaek 5 feet 1 0 feet' + 5 feet/story Side setbaCk. -0 feet 30 feet (from Moore) Side setback, eMt 1-2 story= I 0 feet 10 feet 3 story = 15 feet Lot Covenae (llld) 90% for mixed use 80% 85% for single use Landtcape I Opea 1 0% for mixed use 20% Sp•ce (Iiiia) 15% for single use Given the proximity of the multi-family home on the soutJ1 side, it should be noted U1at theM U-N zone district includes standards which offset the potential impacts of new commercial development, parking lot screening, landscape buffers and builcling step backs. Planning Conunission WZ-15-04/Golabek 3 At tim: poi nt. th e property owner intends on developing the property but has no specafic de elopmcnt scenario proposed. JV. ZONE CHA GE CRITERIA Staff has provided an analys is of the zone change cri teria outlined in section 26-122. E. The Planning Commi ssion shall base its recommendation in consideration of the ex tent to which the tal lowing criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant ad verse effect o n the surrounding area. The change of lone will not result in adver.e effects on the surroundi11g area. While the new lOntng would allow for residential. commercial and mixed uses on the lot. any proposed new development will require ~ite plan revaew through which traffic impacts, drainage, and bu tTering will be analyzed. The MU-N zoning is expected to add va lue to the subject property and also to the urrounding community. The mixed use development standards will support co mpatibility between future de velopment and existing land u ·es. The change of £One promotes the health, safet y, and genera l wei fa re of the community and will not result in a signiticant ad ersc effect on the surrounding area. As outlined in the table above, th e PCD and MU-N zone distri ct have simi lar development standurds and pem1itted u es and whi le there are differences in allowed uses. rhe general i nten~it) of use is similar. SIC~[/ CO l/eludes tltat this criterion has been met. 2. Adequate infrastructur e/facilities are available to ser e the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where t hey do not exist or a re under capacity. Although no specific redevelopment scenarios are propo. ed at thi~ lime. prior to any future development. a site plan review application will be required. Thi. application wi ll include a refenal to all impacted util ity agencies. The propeny owner/de\'eloper will be respons•ble for utility installation and/or upgrades. Sta.ff concludes that this criterion has been mel. 3. T he Planning Commission sha U also find tha t at least one ( 1) of the following condition exists: a. T he cha nge of zonc is in conformance, or will bring tbe property into conformance, with the City of W heat Ridge comprehensh'e pla n goals. objccth,es and policies, and other related policies or plans for the area. Plan111ng Comnussion WZ-15-041Golabek 4 The proposed zoning is consistent with the policies and goals in the City's comprehensive plan-Em•ision Wheat Ridge which was adopted in 2009. The Structure Plan map in Envision Wheat Ridge illustrates the community's vision by classifying different types of areas and corridors. It is not a parcel-based Jand use map. and therefore does not show all existing and proposed land uses. In the Structure Plan for this area depicts W. 44th Avenue as a "neighborhood commercial corridor" transitioning into Neighborhood to the south. Kipling Street Because the M U-N zoning will aU ow for a wider range of development scenarios on the property, the zone change and site development could encourage investment in the area. If there are retail uses in the development, city sales will tax be collected. Goals identified for neighborhood commercial corridors include: • Encouraging improvement of underutilized properti es. • Attracting quality retai l development and acti vely retaining existing retailers • Increasing housing options • Ensuring quality design for development and redevelopment The property is also located in the Fruitdale Valley Subarea plan which was adopted in 2007. Goals identified in the plan include: • Supporting the redevelopment and revitalization of properties along 44th A venue. • Improving and maintaining the quality and conditions of property in the area. Sta.ff concludes thar rhis criterion has been met. b. The existin g zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Planning Commission WZ-15-04fGolabek 5 Staff has not found any evidence of an error with the current Restricted Commercial zoning designation as it appears on the City's zoning maps. Staff concludes that this criterion is not applicable. c. A change of character· in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or· to recognize the changing character of the area. West 44111 A venue carries between I 1.000 and I 2.000 vehicles per day and land use on th e con·idor includes a variety of residential. multi-family and small businesses. Many of these properties were developed tn Jefferson County prior to incorporation ofthe City. The zone change will promote development of the property which could act as a catalyst for additional redevelopment and property investment in the area. Staff concludes that this criterion has been met. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of 'Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Sra.ff concludes tltntthi cri1erio11 i.) not applicable. V. NEIGHBORHOOD MEETING The required pre-application meeting for neighborhood input wa!> held on June 16. 2015. There were no attendees from the neighborhood. VI. AGENCY REFERRALS /\II affected service agencies were contacted regarding theu· abi lity to serve the property. The developer will be responsible for any needed up!:,rrades to al:t;nmmodate the proposed development. peci~ic referral response. follow. Ar~vada Fire Protection District: Will review at the time of site plan apphcation for fire access. water supply and hydrant location. Fruitdale Sanitation District: Can erve the property. Valley Water District: No concerns. Planning CommiSSion WZ-15-04 Golobek 6 X eel Energy: Has no objections to the zone change. Wi II assess service at t]me of future site plan application. Wheat Ridge Public Works: The proposed zone change does not trigger traffic or drainage requirements; therefore, Public Works has no comments at this time. Vll. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change is consistent with Envision Wheat Ridge and the Fruitdale Valley Subarea Plan. Staff further concludes increasing the potential land use options through a zone change to MU-N will be a benefit for the city and may serve as a catalyst for other property investment in the area. Finally, staff concludes that the proposed zone change will not adversely affect the public healtht safetyt or welfare. Because the zone change evaluation criteria support the zone change request, staff is recommending approval for Case No. WZ-I 5-04. Vlll. SUGGESTED MOTIONS: Option A: "] move to recommend APPROVAL of Case No. WZ-15-04. a request for approval of a zone change from Planned Commercial Development to Mixed Use-Neighborhood for property located at I 0590 W. 441h A venue, for the following reasons: I. The proposed zone change is consistent with Envision Wh eat Ridge. 2. Increasing the potential land use options will be a benefit for the city and may serve as a catalyst for other property in vestment in the area. 3. The evaluation criteria support the zone change request." Option 8: "I move to recommend DENIAL of Case No. WZ-15-04, a request for approval of a zone change from Planned Commercial Development to Mixed Use-Neighborhood for property located at 10590 W. 44th Avenue, for the foll owing reasons: 2." Planning Commission WZ-15-04/Golabek 7 Planning Commission WZ-15-04/Golabek EXHIBIT 1 -AERIAL PHOTO site 8 Planning Commission WZ-15-04/Golabek EXHIBIT 2 -PCD PLAN 9 Planning Commission WZ-15-04/Golabek EXHIBIT 3 -ZONING MAP Site 10 EXHIBIT 4 -SITE PHOTOS* * Compliments of Google Street View Looking southeast across property with West 44 th Avenue in foreground Planning Commission WZ-15-04/Golabek 11 Looking south at Moore Street Looking east from Moore Street Planning Commission WZ-15-04/Golabek 12 B. 4. The criteria used to evaluate a zone change support the request. Motion carried 7-0. Ms. Reckert gave a short presentation regarding the zone change process and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met. The applicant is requesting approval of a zone change from Planned Commercial Development (PCD) to Mixed Use-Neighborhood for property located at 10590 W. 44th A venue. In 2001 the property was rezoned from Agricultural-One (A-I) to Planned Commercial Development (PCD) with the intent of developing the property into a garden center. No residential uses are included in the pennitted uses. The applicant is requesting MU-N for the flexibility of having commercial and residential uses allowed on the property. Ms. Reckert continued that the MU-N setbacks are more pedestrian friendly as opposed to the PCD setbacks which place the buildings farther away from the street. The change of zone is also in conformance with the City ofWheat Ridge comprehensive plan goals because it will allow for a wider range of development scenarios on the property. A neighborhood meeting was held on April 13,2015 in which no neighborhood attendees were present. Also, there were no phone calls or letters received and no concerns from city departments or agencies. Slawomir Golabek 4745 S. Andes St~, Aurora, CO Plans for the site might be townhomes and construction would likely start in in 2016. There were no questions from the Commission. It was moved by Commissioner DORSEY and seconded by Commissioner TIMMS to recommend APPROVAL of Case No. WZ-15-04, a request for approval of a zone change from Planned Commercial Development (PCD) to Mixed Use-Neighborhood (MU-N) for property located at 10590 W. 44'11 Avenue, for the foUowing reasons: l. The proposed zone change is consistent witb Envision Wheat Ridge and the Fruitdale Valley Subarea Pl~m Planning Commission Minutes November 5, 201 S -4 - Attachment 3 2. Increasing the potential land use options will be a benefit for the city and may serve as a catalyst for other property investment in the area. 3. The evaluation criteria support the zone change request 8. OTHER ITEMS Commissioner OHM asked if the city considered looking at the parking requirements at retail areas; reducing the amount of parking requirements for areas like food establishments. Ms. Reckert stated that when the city adopted the mixed use zonings the parking requirements were substantially reduced. 9. ADJOURNMENT H was moved by Commissioner WEAVER and seconded by Commissioner OHM to adjourn the meeting at 7:42 p.m. Motion carried 7-0. Alan Bucknam, Chair Planning Commjssion Minutes November St 2015 Tammy Odcan, Recording Secretary -5 - ' ... City or ~WheatRt_dge ITEM NO:~ DATE: December 14,2015 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 48-2015 -A RESOLUTION APPROVING A SUBSTANTIAL MODIFICATION TO THE WADSWORTH BOULEY ARD CORRIDOR REDEVELOPMENT PLAN TO ALLOW FOR THE UTILIZATION OF TAX INCREMENT FINANCING ~ PUBLIC HEARING D BlDS/MOTIONS ~ RESOLUTIONS D ORDiNANCES FOR I ST READING 0 ORDINANCES FOR 2ND READING QUASl-JUDlClAL: D YES ~ NO ~OauAdM City Manager ISSUE: On May 29. 2015 Governor Jolm Hickenlooper signed into law House Bill 15-1348 which goes into effect on January 1, 2016. The bill amends the Urban Renewal Law statute to include several additional operational requirements for local urban renewal authorities. The bill is very complex. with a number o f uncertain and ambiguous problems. Both the Governor and the sponsors of the bill acknowledge there are problems with the bill; therefore. the Governor established a working group to address these problems and to recommend clarifying implementation language. To minimize some of the potential negative impacts of HB 1348, staff is recommending a substantial modification to the Wadsworth Boulevard Corridor Urban Renewal Plan, prior to the effective date of the bill, to allow for tbe utiliz ation of tax increment financing (TIF) in the plan area. Modifying the plan before the effective date of the bill will allow Renewal Wheat Ridge to continue using TIF under current renewal law instead of working through the uncertainty and confusion of HB 1348. PRIOR ACTION: City Council approved the Wadsworth Boulevard Corridor Redevelopment Plan on October 22, 2001. The plan has been amended once since its adoption. Wadsworth Ct1rridor LI RA Pl an Substantial Modification December 14, 20 I 5 Page 2 On November l 9. 20 15 the Wheat Ridge Planning Commission unanimously adopted resolution 05-20 I 5 making a recommendation that the Plan adheres to the City's Comprehensive Plan. Envision Wh eat Ridge. FINANC IAL IMPACT: The substantial modification will have no immediate impact upon the City budget. However. the substantial modification wi ll allow R WR to continue entering int o TIF abrreements under cun·ent Urban Renewal Law statute wruch wi ll allow the Ci ty to continue ad vancing it economic development goals. BACKGROUN D: On May 29. 20 I 5 Governor John Hickenlooper signed into law HB 1348 which goes tnto effect on January I. 2016. HB 1348 affects the current operations of Urban Renewal Authorities (URA) throughout the state through it abi lity to enter mto tax increment financing (TJF) agreements in a timely and secured method. Ln anticipation of the January l, 2016 date, the Executive Director and the Manager of Renewal Wheat Ridge (RWR). the City's Urban Renewal Authority met with legal counsel. Counsel provided three opti ons which RWR could consider to minimize some of U1c potenti al negative impacts of HB 1348. These options were: I. Take no action. Allow HB 1348 to take effect on January I. 20 16 which would require the following: a. The addition of six ne w member to the RWR Board: three of which would include an appointment from the Jefferson County Commissioners, a member of the JeffCo School Board . and another representative selected by all the other affected taxing entities. b. TJF impact reports would have to be pro vided to all taxing districts in a project area and negotiations would have to take place with each taxing district 111 regard to the sharing of property tax c. lf agreement cannot he reached with each taxi ng di strict. mand atory mediation would be required 2. Enter into blanket agreements with all the taxing entities. Before January I, 2016 R WR could meet with, negotiate and apprnve tax sharing agreements with all the affected taxing entities in advance of any redevelopment projects. Staff and counsel felt thi s would not be feasi ble du e to the short timeframe. 3. Begin tl1e 25-ycar TIF clock on all the existing Urban Renewal Plan areas. By beginning the 25-year TJF clock. RWR could continue operating under current Urban Renewal Law regarding the implementation ofTIF. On October 20. 2015 the Executive Director and the Manager made a recommendation to Lhe RWR Board th at option 3 wu the most prudent step to take. RWR board agreed thi s is the option that hould be enact~d. At that same meeting, R WR entered into a services agreement with Ricker/Cunningham to complete all the document required to make the substantial modification to the Plan. Wadsworth Corridor URA Plan Substantial Modification December 14, 2015 Page3 Tn order to adopt a substantial modification to an existing Urban Renewal Plan, Colorado Revised Statues C.R.S. 31-25-I 07 requires the following have been achieved. • Prepare an amendment to the Plan. This was completed in October, 2015 and is incorporated as part of the Plan. • Submit the amendment to the Planning Commission for review for conformity with the City's general plan at least thirty (30) days before the public hearing (C.R.S. § 31-25-1 07(2)). Resolution 05-2015 was adopted at the November 19, 2015 meeting. • Provide a 30-day written notice to all property owners. residents and owners of businesses within the Plan area (C.R.S. § 31-25-107(4)(c)). Notices were sent on November 10,2015. • Submit the modification to the board of county commissioners at least thirty (30) days before public hearing (C.R.S. § 3 1-25-107(3.5)). If the proposed modification contains TIF provisions, an impact statement must also be presented to the board of county commissioners containing specific information requi red by C.R.S. § 31-25-1 07(3.5). The plan modification and impact report was submitted to the office of the commissioners on November 14, 2015. • Post the public hearing notice. The notice was published on November 12, 2015 in the Wheat Ridge Transcript. Upon completion of those items, CounciJ is required to conduct a public hearing (C.R.S. § 31- 25-I 07(4)). After the public hearing and adoption of a resolution, the county assessor wi ll be notified of the TIF provision (C.R.S. § 31-25-1 07( I 0)). RECOMMEND A TfONS: Staff recommends that Council adopt resolution 48-2015 for the followin g reasons: • Adoption of the resolution will allow RWR to continue to enter into TIF Agreements without having to enter into tax sharing agreements with all taxing entities which may add burdensome time to URA activities • Adoption ofthe resolution provides some security to the City and RWR regarding the ambiguity of the language in HB 1348 • The request is consistent with many of the values, goals, and strategies stated in the Comprehensive Plan • Adoption of the resolution will continue the redevelopment of blighted areas in aU the URA plan areas which stimulate growth in jobs, sales tax, and aesthetic appeal of the community RECOMMENDED MOTION: "I move to approve Resolution No. 48-2015, a resolution approving a substantial modification to the Wadsworth Boulevard Corridor Redevelopment Plan to allow for the utiJization of tax increment financing." Wudsworth Corridor URA Plan Substantial Modification December 14. 2015 Page 4 Or, "I move to table indefinitely Resolution No. 4R-20 15 tor the following reason( ) _____ _ REPORT PREPARED/R EVIE\¥ED BY: Steve Art. Urban Renewal Manager Patrick Goff, Executive Director ATTACHMENTS: I . Resolution No. 48-201 5 T IT L E: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 48 Series of 2015 A R ESOLUTION APPROVING A SUBSTANTIAL MOD !FICA TION TO T HE WADSWORTH BOULEVARD CORRfDOR REDEVELOPMENT PLAN TO ALLOW FOR THE UTILIZATION OFT AX INCREMENT FlNANCING \VHEREAS, the City Council of the City of Wheat Ridge bas previously adopted the Wadsw011h Boulevard Corridor Redevelopment Plan (the "Plan"): WHEREAS, the City Council finds that modification of the Plan to commence the collection of property tax increment is necessary based on the potential development that necessitates the use of property tax increment: W HEREAS, the City Council finds that the commencement of property tax increment constitutes a substantial modification of the Plan; WHEREAS, U1e City Council has complied with the requirements of the Urban Renewal Law and patticularly C.R.S. § 3 1-25-107, regarding the adoption of a substantial modification to the Plan; WHEREAS, a public hearing on the substantial modification to the Plan was held before the City of Wheat Ridge City Council on December 14, 20 15; and WHEREAS, at t11e public hearing, the City Council heard and received evidence supporting the findings set forth in this Resolution and wishes to approve a substantial modification to the Plan as set forth herein. NOW, T HEREFORE, BE IT RESOLVED by U1e Wheat Ridge City Council. that: Section I. Based on the evidence presented at the public hearing, the City Council of U1e City of Wheat Ridge hereby finds and detennines that: (a) The conditions of blight as defined by C.R.S. § 3 1-25-1 03(2) and as set forth in the Plan. are unchanged. (b) There exist feasible methods for t11e relocation of individuals, families, and business concerns in accommodations or areas s uitable for their relocation. (c) The City Council has taken reasonable efforts to provide written notice of the public hearing to all property owners, residents and owners of business concerns in the existing urban renewal area at their last known address o f record at least thirty days prior to the hearing. Such notice contained the information required by C.R.S. § 3 1-25-1 07(3). 018435\0001\13727393.2 (d) No more than 120 days have passed since the commencement of the first public hearing on the substantial modificati on to the Wadsworth Boulevard Corridor Redevelopment Plan. (e) The Plan (which is being substantiall y modified) does not contain property that was included in a previously submitte<l urban renewal plan that the City Council failed to approve. (f) The Wadsworth Bou levard Corridor Redevelopment Pl an. as substantiall y modified by this Resolution, confom1 s to the general plan of the City of Wheat Ridge as a whole. (g) The Wadswo rth Boulevard Comdor Redevelopment Plan, wi ll afford maximum opportunity, consistent \vlth the ound needs of the City as a whole. for the rehabilitation or redevelopment of the urban renewal area by pri ate enterprise. (h) The Wheat Ridge Urban Renewal Authority or the City of Wheat Ri dge. will adequately finance any additional county infrastructure and services required to serve development in the urban renewal area during the applicable tax increment financing periou as set forth 1n C. R.S, § 3 1-25-1 07(9)( a)( II). (1) The principal purpose for the substantial modification to the Plan is to facilitate redevelopment in order to eliminate or prevent the spread of physically hlighted areas. (j) The substantial modification to the Plan draws the bou ndanes of the area subject to the Plan as narrowly as feasible to accomplish the planning and development objectives for the Wadsworth Boulevard Corridor Redevelopment Plan. (k) The Wadsworth Boulevard Corridor Redevelopment Piau. as substantially modi ti ed, uoes not consist in it, entirety of open land. (I) The acq uisition, clearance, rehabilitation. conservation, development or redevelopment or a combination thereof of the Plan Area. pur uant to the Wadsworth Boulevard Corridor Redevelopment Plan, is necessary and 111 the best interests of the public health. afety. morals. and welfare of the citizens of the City of Wheat Ridge. Secti on 2. Based on the above findings, the City Coun cil approves a substanti al moditication to the Plan to commence the collection of property tax increment within the entirety of the Plan area. DONE AND RESOLVED thi s 14'11 day of December. 2015. Joyce Jay. Mayor ATTEST: Janel le Shaver. City Clerk 2 ' ' . ~· • • City of • JP'WheatR.Ldge lTEM NO: 5. DATE: December 14.2015 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 49-2015 -A RESOLUTION APPROVING A SUBSTANTIAL MODIFICATION TO THE WEST 44TH AVENUE WARD ROAD REDEVELOPMENT PLAN TO ALLOW FOR THE UTILIZATION OF TAX INCREMENT FINANCING (gJ PUBLJC HEARING D BIDS/MOTIONS (gJ RESOLUTIONS D ORDINANCES FOR 1 ST READING 0 ORDINANCES FOR 2ND READING QUASI-JUDICIAL: D YES [g) NO ~ ISSUE: On May 29, 2015 Governor John HickenJooper signed into law House Bill 15-1348 which goes into effect on January I, 2016. The bill amends the Urban Renewal Law statute to include severaJ additional operational requirements for local urban renewal authorities. The bill is very complex, with a number of uncertain and ambiguous problems. Both tbe Governor and the sponsors of the bill acknowledge there are problems with the bill; therefore, the Governor established a working group to address the-se problems and to recommend clarifying implementation language. To minimize some of the potential negative impacts of HB 1348, staff is recommending a substantial modification to the Wadsworth Boulevard Corridor Urban Renewal Plan, prior to tbe effective date of the bill, to aJlow for the utilization of tax increment financing (TIF) in the plan area. Modifying the plan before the effective date of the bill will allow Renewal Wheat Ridge to continue using TIF under cun·ent renewal law instead of working through the uncertainty and confusion of HB 1348. PRIOR ACTION: City Council approved the Plan on October 22, 2001 . The plan has been amended once since its adoption. West 44111 Ward Road URA Plan Sohstantial Modification December 14. 2015 Page 2 On November 19, 2015 the Wheat Ridge Planning Commission unanimously adopted re olution 06-2015 making a recon1mendation that the Plan adheres to the City's Comprehensive Plan. Em•isio11 IV!teat Ridge. FINANCIAL IMPACT : The substantial modification wi ll have no immediate impact upon the City budget. Howe\-er. the substantial modification will allow R WR to continue entering into TTF agreements under cun·ent Urban Renewal Law statute ' hich will allow the City to continue advancing tts economic development goaJs. BACKGROUND: On Ma y 29. 2015 Governor John Hickenlooper signed into law HB 1348 which goes into effect on January I, 2016. HB 1348 affects the current operations of Urban Renewal Authorities (URA) throughout the state through its ability to enter into tax increment financing (Tif) agreements in a timely and ·ecured method. In anticipation of the January I, 20 16 date. the Executive Director and the Manager of Renewal W11eat Ridge (RWR), the City's Urban Renewal Authority met with legal counsel. Counsel provided three options which R WR could consider to minimi7e. ome of the potential negative impacts of HB 1348. These options were: I. Take no action. A II ow H B 1348 to take effect on January I, 2016 which would require the following: a. The addition of six new members to the R WR Board: three of which would include an appointment from the Jefferson County Commissioners. a member of the JeiTCo School Board, and another representative selected by all the other affected taxing entities. b. TIF impact reports would have to be provided to all taxing districts in a project area and negotiations would have to take place with each taxing di strict in regard to the sharing of property tax t:. rr agreement cannot be reached with each taxing disnicl. mandatory mediation would be required 2. Enter into blanket agreements with all the taxing entities. Before January I. 2016 R WR could meet with. negotiate and approve tax sharing agreements with all the affected taxing entities in advance of any redevelopment projects. Staff and counsel felt this would not be feasible due to the short timeframe. 3. Begin the 25-year TIF clock on all the existing Urban Renewal Plan areas. By beginning the 25-year T IF clock, R WR could continue operating under current Urban Renewal Law regarding the implementation ofTIF. On October 20. 2015 the Executive Director and the Manager made a recommendation to the R WR Board that option 3 was the most prudent step to take. R WR board agreed this is the option that should be enacted. At that same meeting, R WR entered into a services agreement with Ricker/Cwmingham to complete all the documents reqllired to make the substantial modification to the Plan. West 44th Ward Road URA Pl an Substantial Modification December 14. 2015 Page 3 ln order to adopt a substantial modification to an existing Urban Renewal Plan, Colorado Revised Statues C.R.S. 31-25-107 requires the following have been achieved. • Prepare an amendment to the Plan. This was completed in October, 20 IS and is incorporated as part of the Plan. • Submit the amendment to the Planning Commission for review for confonnity with the City's general plan at least thirty (30) days before the public hearing (C.R.S. § 3 1-25-1 07(2)). Resolution 05-20 IS was adopted at the November 19, 20 I 5 meeting. • Provide a 30-day written notice to all property owners, residents and owners of businesses w ithin the Plan area (C.R.S. § 31 -25-l07(4)(c)). Notices were sent on November I 0. 2015. • Submit the modificatio n to the board of county commissioners at least thirty (30) days before public heanng(C.R.S. § 31-25-107(3.5)). Ifthe proposed modification contains TIF provisions, an impact statement must also be presented to the board of county commissioners containing specific information required by C.R.S. § 3 1-25-1 07(3.5). The plan modification and impact report was submitted to the office of the commissioners on November 14, 2015. • Post the public hea1ing notice. The notice was published on November 12, 2015 in the Wheat Ridge Transcript. Upon completion of those items . Council is required to conduct a public bearing (C.R.S. § 3 1- 25-1 07(4)). After the public hearing and adoption of a resolution. the county assessor will be notified ofthe TIF provision (C.R.S. § 31-25-107(10)). RECOMMENDATIONS: Staff recommends that Council adopt resolution 48-2015 for the following reasons: • Adoption of the resolution will allow RWR to continue to enter into TIF Agreements without having to enter into tax sharing agreements with all taxing entities which may add buJdensome time to URA activities • Adoption of lhe resolution provides some security to the City and R WR regarding the ambiguity of the language in HB 1348 • The request is consistent with many of the values, goals, and strategies stated in the Comprehensive Plan • Adoption of the resolution will continue the redevelopment of blighted areas in all the URA plan areas which stimulate growth in jobs, sales tax, and aesthetic appeal of the community RECOMME DED MOTION: "I move to approve Resolution No. 49-2015. a resolution approving a substantial modification to the West 44111 Avenue Ward Road Redevelopment Plan to allow for the utilizati on of tax increment financing.'' West 44'11 Ward Road URA Plan Substantial Modification December 14. 2015 Page4 Or. •·J move to table indefinitely Resol ution No. 49-2015 for the following reason(s) _____ _ ., REPORT PREPARED/REVIEWED BY: Steve Art. Urban Renewal Manager Patrick Goff. Executi ve Director ATTACHME TS: 1. Resolution o. 49-2015 TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 49 Series of 2015 A RESOLUTION APPROVING A SUBSTANTIAL MODIFICATION TO THE WEST 44Tn A VENUE WARD ROAD REDEVELOPMENT PLAN TO ALLOW FOR THE UTfLJZATION OF TAX lNCREMENT FINANCING WHEREAS, the City Council of the City of Wheat Ridge has previously adopted the West 44111 Avenue Ward Road Redevelopment Plan (the "Plan")· WHEREAS, the City Council finds that modification of the Plan to commence the coll ection of property tax increment is necessary based on the potential development that necessitates the use of property tax increment; WHEREAS, the City Cow1cil fi nds that the commencement of property tax increment constitutes a substantial modification of the Plan; WHEREAS, the City Council has complied with the requirements of the Urban Renewal Law and particularly C.R.S. § 31-25-107, regarding the adoption of a substantial modification ro the Plan; WHEREAS, a public hearing on the substantial modification to the Plan was held before the City of Wheat Ridge City Council on December 14. 2015: and WHEREAS, at the public hearing. the City Council heard and received evidence supporting the findings set forth in this Resolution and wishes to approve a substantial modification to the Plan as set forth herein. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. Based on the evidence presented at the public hearing, the City Council of the City of Wheat Ridge bereby finds and detennines that: (a) The conditions of blight as defined by C.R.S. § 31 ·25·1 03(2) and as set forth in the Plan. are unchanged. (b) TI1ere exist feasible methods tor the relocation of indjviduals, fami lies. and business concerns in acconunodations or areas suitable for their relocation. {c) The City Council has taken reasonable efforts to provide written notice of the public bearing to all property owners. residents and owners of business concerns in the existing urban renewal area at their last known address of record at least thirty days prior to the hearing. Such notice contained the infonnation required by C.R.S. § 3 I -25-1 07{3). 018435\0001\13727393.2 (d) No more than J 20 days have passed si nce the commem:ement of the first public hearing on the substantial modification to the West 44111 Avenue Ward Road Redeve lopment Plan. (e) Tbe Plan (which is being substantiall y modified) does not contain property thm was included in a previously submitted urban renewal plan that the City Council tailed to approve. (f) The West 441h Avenue Ward Road Redevelopment Plan, as substantially modified by this Resolution, confom1s to the general plan of the City of Wheat Ridge as a whole. (g) The West 44111 Avenue Ward Road Redevelopment Plan, will afford maximum opportunity, consistent with the sound needs or the City as a whole, tor the rehabilitation or redevelopment of the urban renewal area by private enterprise. (h) The Wheat Ridge Urban Renewal Authority or the City of Wheat Ridge, will adequately finance any additional county infrastructure and services required to serve development in the urban renewal area during the applicable tax increment financing period as set forth in C.R.S . § 31-25-1 07(9)(a)(ll). (i) The principal purpose tor the substanti al modification to the Plan is to facilitate redevelopment in order to eliminate or prevent the spread of physically blighted areas. U) The sub tantial modification to the Plan draws th e boundaries of the area subject to the Plan a nan·owly as feasible to accomplish the planning and development objective, for the West 44'11 Avenue Ward Road Redevelopment Plan. (k) The West 44'11 Avenue Ward Road Redevelopment Plan. as substantially modified. docs not consist in its entirety of open land. (I) The acquisition. clearance, rehabilitation, conservation, development or redevelopment ur a combination thereof of the Plan Area, pursuant to th e West 44'11 A venue Ward Road Redevelopment Plan. is necessary and in the best interests of the public health, safety. morals. and welfare of the citizens of the City of Wheat Ridge. Section 2. Based on U1e above findings. the City Council approves a substantial modification to the Plan to commence the collection of propeny tax increment within the entirety of the Plan area. DONE A D RESOLVED this 14111 day of December, 201 S. Joyce Jay. Mayor ATTEST: Janelle Shaver, City Clerk 2 ' • o# ,. .. City of !P'Wheat ~ge ITEM NO: u I DATE: December 14,2015 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 50-2015 -A RESOLUTION APPROVING A SUBSTANTIAL MODIFICATION TO THE 170/KIPLING CORRIDORS URBAN RENEWAL PLAN TO ALLOW FOR THE UTILIZATION OF TAX INCREMENT FINANCING fZJ PUBUC HEARING 0 BIDS/MOTIONS fZJ RESOLUTIONS ISSUE: 0 ORDINANCES FOR 15TREADfNG 0 ORDINANCES FOR 2 ° READING 0 YES [8J NO On May 29. 2015 Governor John Hickenlooper signed into law House Bill 15-1348 which goes into effect on January I, 2016. The bill amends the Urban Renewal Law statute to include several additional operational re-quirements for local urban renewal authorities. l11e bill is very complex, with a number of uncertain and ambiguous problems. Both the Governor and the sponsors of the bill acknowledge there are problems with the bill; therefore, the Governor established a working group to address these problems and to recommend clarifying implementation language. To minimize some of the potential negative impacts of HB 1348, staff is recommending a substantial modification to the Wadsworth Boulevard Corridor Urban Renewal Plan, prior to the effective date of the bill, to allow for the utilization of tax increment financing (TIF) in the plan area. Moctifying the plan before the effective date of the bill wi ll allow Renewal Wheat Ridge to continue using TIF under current renewal law instead of working through the uncertainty and confusion of HB 1348. PRIOR ACTION: City Council approved the 170/K.ipling Corridors Urban Renewal Plan on October 22, 2001. l11e plan has been amended once since its adoption. 170/Kipltng Conidors URA Plan Substantial Modification December 14. 2015 Page 2 On November 19. 2015 the Wheal Ridge Pl anning Commission unanimously adopted resolution 04-2015 making a recommendation that the Plan adheres to the City's Comprehensive Plan. E11vis1on Wlrear Ridge. FINANC IAL IMPACT : The substantial modification v. ill ha e no immediate impact upon the City budget. However, the substantial modification wi ll allow RWR to continue entering into Tlf agreements under current Urban Renewal Law statute which will allow the City to continue advancing its econom ic development goals. BACKGROUND: On May 29, 20 15 Governor John Hicken looper signed into taw HB 1348 whi ch goes into effect on January I. 2016. H B 1348 affects the current operati ons of Urban Renewal Authorities (U RA) throughout the stare through its ability to enter into tax increment financing (TTF) agreements in a rimeJy and secured method. ln anticipation of the January I, 2016 date, the Executive Director amJ the Manager of Renewal Wheat Ridge (RWR), the City's Urban Renewal AuthOJity met with legal counsel. Counsel provided three options which R WR could consider to minimi ze some of the potential negative impacts of HB 1348. TI1ese option were: I. Take no action. Allow HB 1348 to take effect on January I. 2016 which would require the lbllowing: a. The addition of six new members to the R WR Board: three of which wo uld include an appointment from the Jefferson County Commissioners, a member of the JeffCo School Board, and another representative selected by all the other affected taxing entities. b. TIF impact reports would have to be provided to aJl tax ing districts in a project area and negotiation wou ld have to take place wi th each taxing district in regard to the haring of propeny tax c. lf agreement cannot be reached with each taxing district, mandatory mediation would be required 2. Enter mto blanket agreements with all the taxing entities. Before January I , 2016 RWR could meet with, negotiate and approve tax sharing agreements with all the affected taxing entities in advance of any redevelopment projects. Staff and counsel fel t this would not be feasible due to the short timeframe. 3. Begjn the 25-year TlF clock on all the existing Urban Renewal Plan areas. By beginning the 25-year T lF clock. RWR could continue operating under current Urban Renewal Law regarding the implementation ofTlF. On October 20, 2015 the Executive Director and the Manager made a recommendation to the RWR Board that option 3 was the most prudent step to take. R WR board agreed this is the option that should be enacted. At that same meeting, RWR entered into a services agreement with Ricker/Cunningham to complete all the documents required to make the substantial moditication to the Pl an. 170/Kip ling Corridors URA Plan Substantial Modification December 14, 2015 Page3 In order to adopt a substantial modification to an existing Urban Renewal Plan. Colorado Revised Statues C.R.S. 31-25-107 requires the following have been achieved. • Prepare an amendment to the Plan. This was completed in October, 2015 and is incorporated as part of the Plan. • Submit the amendment to the Planning Commission for review for confonnity with the City's general plan at least thirty (30) days before the public hearing (C.R.S . § 3 I -25-1 07(2)). Resolution 05-2015 was adopted at the Novemher 19, 2015 meeting. • Provide a 30-day written notice to aJI property owners, residents and owners of businesses within the Plan area (C.R.S. § 31-25-107(4)(c)). Notices were sent on November I 0, 2015. • Submit the modification to the board of county commissioners at least thirty (30) days hetore public hearing (C.R.S. § 31-25-1 07(3.5)). If the proposed modification contains TIF provisions, an impact statement must also be presented to tbe board of county commissioners containing specific infonnation required by C.R.S. § 3 1-25-l 07(3.5). The plan moditication and impact report was submjtted to the office of the commissioners on November 14, 2015. • Post the public hearing notice. The notice was published on November 12. 2015 in the Wheat Ridge Transcript. Upon completion of those items, Council is required to conduct a public hearing (C.R.S. § J I· 25-107(4)). After the public hearing and adoption of a resolution, the county assessor wiU be notified of the TLF provision (C.R.S. § 31-25-107(10)). RECOMMENDATIONS: Staff recommends that Council adopt resolution 48-20 I 5 for the following reasons: • Adoption of the resolution will allow RWR to continue to enter into TIF Agreements without having to enter into tax sharing agreements with all taxing entities which may add burdensome time to URA activities • Adoption of the resolution provides some security to the City and RWR regardjng the ambigui ty of the language in HB1348 • The reque tis consistent with many of the vaJues, goals. and strategies stated in the Comprehensi ve Plan • Adoption of the resolution will continue the redevelopment of blighted areas in aJI the URA plan areas which stimulate growth in jobs, sales tax. and aesthetic appeal of the community RECOMMENDED MOTION: .. 1 move to approve Resolution No. 50-201 S, a resolution approving a substantial modification to the 170/Kipling Corridors Urban Renewal Plan to aJlow fo r the utilization of tax increment financing.'' 1701Kipling Corridor URA Plan Substanttal Modification December 14. 2015 Page4 Or. "I move to table indefinitely Resolution No. 50-2015 for the toll owing reason(s) _____ _ REPORT PREPARED/REVJEWED BY: Steve Art. Urb an Renewal Manager Patrick Goff. Executi ve Director ATTACHMENTS: l. Resolution No. 50-2015 TITLE: CITY OF WHEAT RrDGE, COLORADO RESOLUTION NO. 50 Series of 2015 A RESOLUTION APPROVING A SUBST ANT1AL MODIFICATION TO THE 1-70/KJPLING CORRIDORS URBAN RENEWAL PLAN TO ALLOW FOR THE UTILIZATION OFT AX IN CREMENT FINANCING \VHEREAS, the City Council of the City of Wheat Ridge has previously adopted the 1- 70/Kipling Corridors Urban Renewal Plan (the "Plan"); WHEREAS, the City Council finds that modification of the Plan to commence the coll ection of property tax increment is necessary based on the potential development that necessitates the use of property tax increment: WHEREAS, the City Council finds thal the commencement of property tax increment constitutes a substantial modification of the Plan; WHEREA , the City Council has complied with the requirements of the Urban Renewal Law and particularly C.R.S. § 31-25-J 07, regarding the adoption of a substantial modification to the Plan; WHEREAS, a public bearing on the substantial modification to the Plru1 was held before the City of Wheat Ridge City Council on December 14, 2015: and WHEREAS, at the public hearing, the City COlmCil heard and received evidence supporting the findings set forth in this Resolution and wishes to approve a substantial modification to the Plan as set forth herein. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council~ U1at: Section I. Based on the evidence presented at the public hearing, the City Council of the City of Wheat Ridge hereby finds and determines that: (a) The conditions of blight as defined by C.R.S. § 31-25-J 03(2) and as set forth in the Plan. are unchanged. (b) There exist feasible methods for the relocation of individuals. families. and business concerns in accommodations or areas suitable for their relocation. (c) The City Cow1cil has taken reasonable efforts to provide written notice of the public hearing to all property owners, residents and owners of business concerns 111 the existing urban renewal area at their last known address of record at least thirty days prior to the hearing. Such notice contained the infonnation required by C.R.S. § 31-25-1 07(3 ). 01843510001\13727393.2 (d) No more than 120 days have passed since the commencement of the first public heating on the substantial modification to the 1-70/Kipling Corridors Urban Ren ewal Plan. (e) The Plan (which is being sub tantially modified) doe not contain property that was included in a previously submined urban renewal plan that the City Council failed to approve. (f) The J-70fKipling Corridors Urban Renewal Plan. as substantially modi fled by thi Resolution, conforms to the general plan ofthe City of Wheat Ridge a a whole. (g) The 1-70/Kipling Corridors Urban Renewal Plan , will afford maximum opportunity, consistent with the sound needs of the City as a whole. fo r the rehabilitation or redevelopment of the urban renewal area by private enterprise. (h) The Wheat Ridge Urban Renewal Authority or the Ctty of Wheat Ridge, will adequately finance any additional county infrastructure and services required to serve development in the urban renewal area during the applicable tax increment financing period as set forth in C.R.S. ~ 31-25-l07(9)(a)(ll). (i) The principal purpose for the substantial modification to the Plan is to facililtlle redevelopment tn ord er to eliminate or prevent the spread or physically blighted areas. (j) The substantial modification to the Plan draws the boundaries of the area subject to the Pl an as narrowly as feasible to accomplish the planning and development objectives for the 1-70/Kipllng Corridors Urban Renewal Plan. (k) The l-70/Kipling Corridors Urban Renewal Plan. as substantially modified. docs not consist in it s entirety of open land . (I) The acquisition. clearance, rehabilitation. conservation. development or rede elopment or a combination thereof of the Plan Area, pursuant to the 1-70/Kipling Corridor Urban Renewal Plan, is necessary and in the best interests of the public health. safety. moral . and welfare of the citizens of the City of Wheat Ridge. Section 2. Based on the above findings. the City Council approves a substantial modification to the Plan to commen ce the collection of property tax mcrement within the entirety of the Plan area. DONE AND RESOL YEO this 141h day of December, 2015. Joyce Jay, Mayor ATTEST: Janelle Shaver. City Clerk 2 ' ' . -· • .. City of • JP'Wheat~dge ITEM NO:~ DATE: December 14. 2015 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 51-2015 -A RESOLUTION APPROVING A SUBSTANTIAL MODIFICATION TO THE 38TH AVENUE CORRIDOR REDEVELOPMENT PLAN TO ALLOW FOR THE UTILlZA TION OFT AX INCREMENT FINANCING ~ PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS 0 ORDINANCES FOR J5T READING 0 ORDINANCES FOR 2N° READING QUASI-JUDIClAL: D YES ~NO ~ ISSUE: On May 29,2015 Govemor John Hickenlooper signed into law House Bill I 5-1348 which goes into effect on January I, 2016. The bill amends the Urban Renewal Law statute to include several additional operational requirements for local urban renewal authorities. The bill is very complex, with a number of uncertain and ambiguous problems. Both the Governor and the sponsors of the bill acknowledge there are problems with the bill; therefore, the Governor established a working group to address these problems and to recommend clarifying implementation language. To minimize some of the potential negative impacts ofHB 1348, staff is recommending a substantial modification to the Wadsworth Boulevard Corridor Urban Renewal Plan, prior to tl'te effective date of the bill, to allow for the utilization of tax increment financing (TIF) in the plan area. Modifying the plan before the effective date oftbe bill wiJJ allow Renewal Wheat Ridge to continue using TlF under current renewal law instead of working through the uncertainty and confusion of HB 1348. PRIOR ACTION: City Council approved the Plan on October 22, 200 I. The plan has been amended once since its adoption. 381h A' cnuc URA Plan Substantial Modtfication December 14, 20 15 Page 2 On ovember 19, 2015 the Wheat Ridge Planning Commission unanimously adopted resolution 03-20 I 5 making a recommendation that the Plan adheres to the City's Comprehensive Plan. Envision Wheal Ridge. FIN A CIAL IMPACT : The substantial modifi cation will have no immediate impact upon the City budget. However. the substantial modification will allow R WR to continue entering into TlF agreements under current Urban Renewal Law statute which will allow the City to continue advancing it · economic development goals. BACKGROUND: On May 29, 20 I 5 Governor John H ickenlooper signed into law HB 1348 which goes into effect on January I. 20 16. H B 1348 affects the current operations of Urban Renewal Authorities (U RA) throughout the state through its abi lity to enter into tax increment financing (Tlf) agreements in a timely and secured method. ln anticipation ofthe January I , 2016 date. the Executi ve Di rector and the Manager of Renewal Wheat Ridge (RWR), the City's Urban Renewal Authority met with legal coun sel. Counsel provided three options which R WR could consider to minimize some of the potential negative impacts of HB 1348. The c options were: I. Take no action. Allow H B 1348 to take effect on January I. 20 16 which wou ld require the following: a. The addition of six new members to the R WR Board: three of wl1ich would include an appointment from the Jeffe rson County Commissioners. a member of the JeffCo School Board, and another representative selected by all the other affected taxing entities. b. TlF impact reports would have to be provided to all taxing districts in a project area and negotiations would have to take place with each taxing di strict in regard to the sharing of property tax c. If agreement cannot be reached with each taxing district, mandatory mediation would be required 2. Enter into blanket agreements wi th all the taxing entities. Before January I . 20 16 RWR co uld meet wi th, nego tiate and approve tax sharing agreements with all the affected taxing entities in advance of any redevelopment projects. Staff and counsel felt this would not be feasible due to the short timeframe. 3. Begi n th e 25-year T IF clock on all the ex1sting Urban Ren ewaJ Plan area . By beginning the 25-year T IF clock. R WR cou ld continue operating under current Urban Renewal Law regarding the implementation ofTIF. On October 20. 2015 the Executive Director and the Manager made a recommendation to the R WR Board that option 3 was the most prudent step to take. R WR board agreed this is the option that should be enacted. At that sa me meeting. R WR entered into a ervices agreement with Ricker/Cunn ingham to co mplete all the documents required to make the substant ial modification to the Plan. 38th Avenue URA Plan Substantial Modification December 14, 2015 Page 3 In order to adopt a substanti a] modification to an extsting Urban Renewal Pl an. Colorado Revised Statues C.R.S. 31-25-107 requires the following have been achieved. • Prepare an amendment to the Plan. Tllis was completed in October. 2015 and is incorporated as part of the Plan. • Submit the amendment to the Planning Commission for review for conformity with the City's general plan at least thirty (30) days before the public bearing (C.R.S. § 31-25-107(2)). Resolution 05-2015 was adopted at the November 19, 2015 meeting. • Provide a 30-day written notice to all property owners, residents and owners of businesses within the Plan area (C.R.S. § 31-25-1 07( 4)(c)). Noti ces were sent on November I 0, 2015. • Submit the modification to the board of county commissioners at least thirty (30) days before public hearing (C.R.S. § 31-25-107(3.5)). lfthe proposed modification contains TJF provisions. an impact statement must also be presented to the board of coWlty commissioners containing specific information required by C.R.S. § 3 J -25-1 07(3.5). The plan modification and impact report was submitted to the office ofthe commissioners on November 14,2015. • Post the publi(; hearing notice. The notice was published on November 12, 2015 in the Wheat Ridge Transcript. Upon completion ofthose items. Council is required to conduct a public hearing (C.R.S. § 31- 25-1 07(4)). After the public bearing and adoption of a resolution. the county assessor will be notified of Lhe TIF provision (C.R.S. § 31-25-1 07( I 0)). RECOMMENDATIONS: Staff recommends that Council adopt resolution 48-2015 for the foJlowing reasons: • Adoption of the resolution will aU ow R WR to continue to enter into TIF Agreements without having to enter into tax sharing agreements with all taxing entities which may add burdensome time to URA activities • Adoption of the resolution provides some securi ty to the City and R WR regarding the ambiguity of the language in HB 1348 • The request is consistent with many of the values. goals, and strategies stated in the Comprehensive Plan • Adoption of the resolution will continue the redevelopment of blighted areas in all the URA plan areas which stimulate growth in jobs, sales tax, and aesthetic appeal of the community RECOMMENDED MOTION: "I move to approve Resol ution No. 51-2015, a resolution approving a substantial modification to the 38th Avenue Corridor Redevelopment Plan to allow for the utilization of tax increment financing.'' 381h Avenue URA Plan Substan tial Modification December 14. 2015 Page4 Or, ··t move to tabl e ind efinit ely Resolution No. 51-20 15 for tl1c following reason(s ) , REPORT PREPARED/REVIEWED BY: Ste\ cArt. Urban Renewal Manager Patri ck Goff, Executive Director ATTACHMENTS: I. Resolution Nn. 5 1-2015 ------ TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO.~ Series of 20 IS A RESOLUTION APPROVING A SUBSTANTIAL MODIFICATION TO TAE 38'TH A VENUE CORRIDOR REDEVELOPMENT PLAN TO ALLOW FOR THE UTILIZATION OFT AX INCREMENT FINANCING \VHEREAS, the City Council of the City of Wheat Ridge has previously adopted the 38'" Avenue Corridor Redevelopment Plan (the "Plan")~ WHEREAS, the City Council finds that modification of the Plan lo commence the collection of property tax increment is necessary based on the potential development that necessitates the use of property tax increment: WHEREAS, the City Council finds that the commencement of property tax increment constitutes a substantial modification of the Plan: WHEREAS, the City Council has complied with tho requirements of the Urban RenewaJ Law and particularly C.R.S. § 31 -25-l 07, regarding the adoption of a substantial modification to the Pl an; WHEREAS, a public hearing on the substantial modification to the Plan was held before the City ofWI1eat Ridge City Council on December 14, 20 1 5~ and WHEREAS, at the public hearing, the City Council beard and received evidence supporting the findings set forth in this Resolution and wishes to approve a substantial modification to the Plan as set forth herein. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council. that: Section 1. Based on the evidence presented at the public hearing, the City Counc1l of the City of Wheat Ridge hereby finds and determines that: (a) The conditions of blight as defined by C.R.S. § 31-25-1 03(2) and as set forth in the Plan, are unchanged. (b) There exist feasible methods for the relocation of individuals. families, and business concerns in accommodations or areas suitable for their relocation. (c) The City Council has taken reasonable efforts to provide written notice of the public heari ng to aJ J property owners, residents and owners of business concerns in the existing urban renewal area at their last known address of record at least thirty days prior to the hearing. Such notice contained the information required by C.R.S. § 31 -25-1 07(3). 018435\0001\13727393.2 (d) No more than 120 days have passed si nce the commencement of U1e fi rst public.: heari ng on the substantial mod ification to the 381" Avenue Corridor Redevelopment Plan . (e) The Plan (whi ch is being substanti al ly modified) does not contain property that was included in a previously submitted urban renewal plan that the City Counci l failed to approve. (f) The 38th Avenue Corridor Redevelopment Plan, as sub tantially modified by th is Resolution. conforms to the general plan of the City of Wheat Ri dge as a whole. (g) TI1e 38111 A venue Corridor Redevelopment Pl an, will afford maximum oppommity. co nsistent with the sound needs of the City as a whole. for th e rehabi litation or redevelopment of the urban renewal area by private enterprise. (h) The Wheat Ridge Urban Rene\! al Auth0rity or tile City of Wheat Ridge. will adequately finance any additional county infrastructure and services required to serve development m the urban renewal area during the applicable tax increment finan cing period as et forth in C.R.S. § 31-25-1 07(9)(a)(ll). (i) The principal purpose tor the substantial modification to the Plan is to facilitate redevek)pment in order to eliminate or prevent the spread of physicall y blighted areas. (j) The substantial modification to the Plan draws tl1e boundancs of the area subject to U1e Plan as narrowly as feasible to accomplish the planning and development objectives for the 381h Avenue Corridor Redevelopment Plan. (k) The 38tl' A ven ue Corridor Redevelopment Plan, as substantially modified, does not consist in its entirety of open land. (l) The acquisition. clearance. rehabilitation. conservation, development or redevelopment or a combination thereof of the Plan Area. pursuant to the 38th Avenue Corridor Redevelopment Plan, i · necessary and in lhe be.st interests of t11e public health, safety. morals, and welfare ofthe citizens ofthe City of Wheat Ridge. Section 2. Based on the above findings. the City Council approves a substantial modification to the Plan to commence the collection of property tax increment witilin the entirety of the Plan area DONE AND RESOLVED this 14tJ' day of December. 20 15. Joyce Jay. Mayor A TrEST: Janelle Shaver. City Clerk 2 . ' , .: • City of ;?" Wheat:RL_dge ITEM NO:l DATE: December 14,2015 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 47-20.15: A RESOLUTION APPROVING THE WEST END 38 URBAN RENEWAL PLAN AND FINDING THAT THE WEST END 38 URBAN RENEWAL PLAN AREA IS A BLIGHTED AREA, DESIGN A TlNG SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT PURSUANT TO THE WEST END 38 URBAN RENEWAL PLAN, AND FlNDlNG THAT THE ACQUISITION, CLEARANCE, REHABILITATION, CONSERVATION, DEVELOPMENT, REDEVE LOPMENT, OR A COMBINATION THEREOF OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY, MORALS, AND WELFARE OF THE CITIZENS OF THE CITY OF WHEAT RIDGE [81 PUBLIC HEAR lNG D BIDS/MOTIONS !X1 RESOLUTIONS 0 ORDINANCES FOR I ST READING 0 ORDINANCES FOR 2No READING QUASI-JUDICIAL: D YES !X1 NO J]~Jfl ISSUE: The adoption of a resolution fonning a new urban renewal plan area fo r the development of the proposed West End 38 project. The proposed West End 38 Urban Renewal Plan area is located at the northwest comer of West 381h Avenue and Upham Street. The Plan will allow tor the use oftax increment financing {TIF) for the project. As per Colorado Urban Renewal Law, urban renewal plans are adopted by City Council and implemented by the Urban Renewal Authority. PRIOR ACTION: On November 19, 2015 the Wheat Ridge Planning Commjssion unanimously adopted a resolution finding that the Pl an adheres to the City's Comprehensive Plan, Envision Wheat Ridge. On December I, 2015 the Wheat Ridge Urban Renewal Authority. dba Renewal Wheat Ridge (RWR) adopted a resolution recommending the Plan be f01warded to the City Council for final consideration. Wes1 End 3g URA Plan December 14, 2015 Page 2 FINANCLAL IMPACT: Approval of the West End 38 Urban Renewal Plan will have no direct impact on the City's budget but could pro vide for future redevelopment opportunities that further the City's economic development goals. BACKGRO UND RWR approved a Rt:developm ent A1:,rreement with West End 38, LLC on October 20, 20 15 allowing for the utili zation of $4.8 mill ion in TIF. The Agreement is for the redevelopment of 4.5 acres at the northwest comer of west 38th Avenue and Upham Street. The project will consist of demolition of all structures on the property; construction of a new mixed-use project containing I I ,000 sq. ft. of retail space along 38th A venue, 145 market-rate apartments, a 3.800 sq. ft. freestanding bank building and a parking structure. The redevelopment area is currentl y located in the Town Center Urban Renewal Plan. That plan is over 30 years old and has already utilized a 25 yea r Tff agreement for the Town Center project. In order to utilize TlF for the West End 38 Project, it is recommended that the 4.5-al:re redevelopment area is removed tiom the Town Center Urban Renewal Plan area and a new urban renewal plan is created specifi cally tor this project. RWR contracted wilh Ricker/Cunningham to complete a Conditions Survey to analyze conditions within tl1e PlcU1 area in ord er to detennine whether factors contributing to blight are present and whether Lhe Plan area may, therefore, be considered eligibl e as an urban renewal area under the provision of the Colorado Urban Renewal Law. It is tbe conclusion of this Survey that there are physical conditions within th e Plan area sufficient to meet criteria in Colorado law as "blighting factors." Specifically, nine of the possible 11 blight factors were fo und to be present induding: 1. Predominance of defective or inadequate street layout 2. Faulty lot layout in relation to size. adequacy. accessibility. or usefu1ness ., Unsanitary or unsafe conditions 4. Deterioration of site or ot her improvements 5. Unusual topograph y or inadequate public improvements or utilities 6. Existence of conditions that enda nger life or property by fire or other causes 7. Buildings that are unsafe or unhealthy for persons to live or work in 8. Environmental contamination ofbuildings or property 9. Substantial physical underutilization or vacancy of sites, buildings, or other improvements. West End 38, LLC and Ricker/Cunningham created the West End 38 Urban Renewal Plan for the West End 38 project. The purpose and vis ion of the Plan is to reduce. eliminate and prevent the spread of blight and to stimulate and catal yze growth and investment within the area boundaries. To accomplish this purpose. the Plan is intended to promote local objectives expressed in adopted community plans and advance the pri orities of the Envision Wh eat Ridge Comprehensive Plan. West End 38 URA Plan Decem her 14. 2015 Page 3 The Plan addresses fi nancing mechanisms and methodology in volved in financin& activities. The Plan aJlows RWR to use public financing including the issuance of bonds, notes or other obligations a defined in Urban Renewal Law. RWR can borrow funds and create indebtedness: enter into reimbursement agreements~ and/or ut ilize federal or state grants, interest income. annual appropriation agreements. agreements with public or private entities; and loans. advances and grants from any other available sources. The Plan also provides for the use ofTfF and the utilization of propert y and sales tax increment to accomplish this funding. RECOMM ENDATIONS: Staff recommends th at City Council approve the reso luti on for the followiJ1g reasons: • The resolution will allow fo r the facilitation of the West End 38 project which will add I SO new, market-rate apartments. I I ,000 sq. ft. of new retail and structured parking on Ridge at 38: and • The reques t is consistent with many of the val ues, goals. and strategtes stated in the Comprehensive Plan and t11e 381h A venue Corridor Plan: and • The resolution will fac ilitate the redevelopment of a blighted area and help stimulate growth in jobs, sales tax, and aesthetic appeal of the community. RECOMM ENDED MOTION: "I move to approve Resolution No. 47-2015. a resolution approving the West End 38 Urban Renewal Plan and finding that the West End 38 Urban Renewal Plan is a blighted are~ designating such area as appropriate for an urban renewal plan. and findin g tl1at the acquisition, clearance, rehabilitation. conservation. development. redevelopment. or a co mbination tl1ereof of such area is necessary in the interest of the public health, safety, morals, and we lfare of the citizens of the City of Wheat Ridge." Or. '·(move to table indefinitely Resolution No. 47-20 15, fo r the fo llowing reason(s) _____ " REPORT PREPARED/REVIEWED BY: Steve Art, Urban Renewal Manager Patrick Goff, Executive Director ATTACHMENTS: I. Resolution 47-20 15 Exhibit A -West End 38 Urban Renewal Plan 2. West End 38 Conditions Survey Attachment 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 47 Series of 2015 TITLE: A RESOLUTION APPROVING THE WEST END 38 URBAN RENEWAL PLAN AND FINDING THAT THE WEST END 38 URBAN RENEWAL PLAN AREA IS A BLIGHTED AREA, DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT PURSUANT TO THE WEST END 38 URBAN RENEWAL PLAN, AND FINDING THAT THE ACQUISITION, CLEARANCE, REHABILITATION, CONSERVATION, DEVELOPMENT, REDEVELOPMENT, OR A COMBINATION THEREOF OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY, MORALS, AND WELFARE OF THE CITIZENS OF THE CITY OF WHEAT RIDGE WHEREAS, an urban renewal plan for the West End 38 Urban Renewal Plan Area (the "Area") has been submitted to the City Council of the City of Wheat Ridge pursuant to Part 1 of Article 25 of Title 31 , C.R.S. ("Urban Renewal Law"); and WHEREAS, West End 38 Urban Renewal Plan Area which is subject to the West End 38 Urban Renewal Plan (the "Plan") Is described in Exhibit A to this Resolution; and WHEREAS, the City Planning Commission has submitted its written recommendation to the City Council that the Plan is in conformance with the Wheat Ridge Comprehensive Plan pursuant to Section 31-25-1 07(2), C.R.S.; and WHEREAS, a copy of the Plan and information regarding the impact of the Plan were submitted to the Jefferson County Board of Commissioners pursuant to the Urban Renewal Law; and WHEREAS, the Jefferson County School District also received a copy of the Plan and has been advised and permitted to participate in an advisory capacity with respect to the potential use of tax increment financing pursuant to the Urban Renewal Law; and WHEREAS, notices of the public hearing for consideration and approval of the Plan by City Council were provided by publication and by written notices to property owners, residents, and business owners in the Area in compliance with the Urban Renewal Law, C.R.S. §§ 31-25-101 et seq.; and WHEREAS, a public hearing on the Plan was held on December 14, 2015, providing a full opportunity for property owners, residents, taxpayers, people and business owners in the Area and all interested persons to be heard; and 018435\0001\13727393.2 WHEREAS, the inclusion of certa in areas and properties designated in the Plan within the Area would provide for the elimination and prevention of blight and the development, redevelopment and rehabilitation of the blighted areas, so that the areas can be developed or redeveloped by the public and private sectors to provide a safer and more useful environment for its users and Inhabitants: to develop and redevelop such properties to provide necessary, greater and reasonable economic utilization of such areas; to promote, enhance and provide public facilities; to eliminate traffic, transportation. pedestrian and other hazards within the areas; to ensure reasoned and sound social, physical and economic growth and improvement within the City; to promote the public health, safety and welfare: to promote and effect the goals. objectives and purposes of the Plan and the Comprehensive Plan of the City; to provide a sound financial and economic base for th e community; to provide a necessary tax base for the City and to comply with the intent and purposes of the Urban Renewal Law: and WHEREAS, the City Council has conducted a public hearing, considered the public testimony, and hereby determines that it is in the best interests of the City of Wheat Ridge and the Wheat Ridge Urban Renewal Authority to adopt the Plan as proposed. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. Blight as defined by C.R.S. § 31 -25-1 03(2) is present in the West End 38 Urban Renewal Plan Area as documented by the City of Wheat Ridge West End 38 Conditions Survey prepared by Ricker Cunningham and based on evidence presented at the public hearing. The following blight factors are present in the West End 38 Urban Renewal Area: Predominance of defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility, or usefulness; unsanitary or unsafe conditions; deterioration of site or other improvements; unusual topography or inadequate public improvements or utilities; existence of conditions that endanger life or property by fire or other causes; buildings that are unsafe or unhealthy for persons to live or work in: environmental contamination of buildings or property; and substantial physical underutilization or vacancy of sites. buildings, or other improvements. Section 2. The West End 38 Urban Renewal Plan Area is a blighted area and is appropriate for an urban renewal project, pursuant to Part 1 of Article 25 of Title 31 , C.R.S. Section 3. The principal purpose for the adoption of the West End 38 Urban Plan is to facilitate redevelopment in order to eliminate or prevent the spread of physically blighted areas. Section 4. The City Council hereby makes the following findings with respect to the proposed Plan: A. A feasible method exists for the relocation of families or individuals who may or will be displaced by redevelopment projects in decent, 018435\0001\13727393.2 2 safe and sanitary dwelling accommodations within their means and without undue hardship. B. A feasible method exists for the relocation of business concerns that may or will be displaced by redevelopment projects either in the Area or in other areas that are not generally less desirable regarding public utilities and public and commercial facilities. C. The City Council has caused its staff to take reasonable efforts to provide written notice of the public hearing to property owners. residents and business owners in the Area at their last known addresses at least 30 days prior to this public hearing of December 14, 2015. D. Section 31-25-107 (4) (e) C.R.S. of the Urban Renewal Law does not apply in that not more than 120 days have passed since the first public hearing on this Plan, because this is the first public hearing. E. Section 31-25-107 (4) (e) C.R.S. of the Urban Renewal Law does not apply in that City Council did not fail to previously approve this Plan F. The Plan conforms to the City's Comprehensive Plan. G. The provisions of the Plan, consistent with the needs of the City, provide maximum opportunity for redevelopment of the Area by private enterprise. H. Section 31-25-107 (5) C.R.S. of the Urban Renewal Law is not applicable to this Plan. I. To the extent that the Area may consist of an area of open land which may be developed for non-residential uses under the Plan, City Council hereby determines that such non-residential uses are necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standards and City's objectives. The potential acquisition of such areas may require the actions of the Authority, in compliance with the Urban Renewal Law, because such open areas are within areas of blight or blighted conditions. J. City Council has determined that the boundaries of the Areas have been drawn as narrowly as feasible to accomplish the planning and development objectives of the Plan in accordance with Section 31-25- 107(1) C.R.S. of the Urban Renewal Law. K. The acquisition clearance rehabilitation conservation development or redevelopment of a combination thereof of the West End 38 Urban Renewal Area pursuant to the West End 38 Urban Renewal Plan is necessary and in the best interests of the public health safety morals and welfare of the citizens of the City of Wheat Ridge. Section 5. The Plan provides for and authorizes the use of tax increment financing. Such financing mechanisms may be utilized with upon the adoption of this Plan. 018435\0001\13727393.2 3 Section 6. The Jefferson County School District was provided a copy of the Plan and information regarding its impact. in compliance with Urban Renewal Law. Section 7'. The Jefferson County Board of Commissioners was provided a copy of the Plan and information regarding its impact, in compliance with Urban Renewal Law. Section 8. The Wheat Ridge Urban Renewal Authority is authorized to exercise the powers of eminent domain to carry out, effect or administer the Plan. Section 9. The prQposed Plan accompanying this Resolution and incorporated herein is adopted as the West End 38 Urban Renewal Plan for the City of Wheat Ridge and may be referred to as the West End 38 Urban Renewal Plan. The Plan is an urban renewal plan as defined in Section 31-25-103(9) C.R.S. of the Urban Renewal Law. Section 10. The West End 38 Urban Renewal Plan shall control the land area, land use, design, building requirements, timing of development. and procedure for implementation of such Plan in the West End 38 Urban Renewal Plan Area and in the City of Wheat Ridge, as may be applicable. DONE AND RESOLVED this 141h day of December, 2015. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk 01 843~0001 \13727393.2 4 EXHIBIT A West End 38 Urban Renewal Plan Table of Contents Section 1.0 Introduction 3 1.1 Preface 1.2 Blight Findings 1.3 Other Findings 1.4 Urban Renewal Plan Area Boundaries 1.4.1 Map of West End 38 Urban Renewal Plan Area 1.5 Public Participation Section 2.0 Definitions 6 Section 3.0 Plan Purpose and Vision 1 3.1 Plan Vision 3.2 Plan Objective 3.3 Plan Goals 3.4 Nan Implementation Section 4.0 Blight Conditions 10 Section 5.0 Plan Relationship to Other Community Documents 12 5.1 Plan Conformity 5.2 Consistency with the Comprehensive Plan and Corridor Plan 5.3 Correlation with Other Community Plans Section 6.0 Authorized Urban Renewal Undertakings and Activities 16 6.1 Complete Public Improvements and Facilities 6.2 Complete Other Improvements and Facilities 6.3 Promote Development and Redevelopment 6.4 Adopt Standards 6.5 Modify the Plan 6.6 Review the Plan 6.7 Provide Relocation Assistance 6.8 Demolish, Clear and Prepare Improvements 6.9 Acquire and Dispose of Property 6.10 Enter Into Redevelopment I Development Agreements West End 38 Urbnn Rl!lltrwnl Pln11 (12.14 1015) 1 West End 38 Urban Renewal Plan Table of Contents (cont'd) 6.11 Enter Into Cooperation Agreements 6.12 Tax Increment Area Section 7.0 7.1 7.2 7.3 Project Financing Public Investment Object,ve Financing Mechanisms Tax Increment Financing 7.3.1 Special Fund 7.3.2 Base Amount 7.3.3 Incremental Revenues 7.4 Other Financing Mechanisms and Structures Section 8.0 Severability Appendix A: Excerpts from the Envision Wheat Ridge Comprehensive Plan, adopted October 12, 2009 and 381" Avenue Corridor Plan, adopted October 2011 21 24 Appendix 8: Legal Description and Supporting Illustration for the Urban Renewal Plan and Tax Increment Financing Area Wt'>l l::11d 38 Ur/1t111 RciiL'Wtll Plr1 11 (12.14.1015) 2 West End 38 Urban Renewal Plan City of Wheat Ridge, Colorado 1.0 Introduction 1.1 Preface This West End 38 Urban Renewal Plan (the "Plan" or the "Urban Renewal Plan'') has been prepared for the City of Wheat Ridge ("City''), It will be carried out by Renewal Wheat Ridge, the City of Wheat Ridge urban renewal authority (the "Authority"), pursuant to the provisions of the Urban Renewal Law of the State of Colorado, Part 1 of Article 25 of Title 31, Colorado Revised Sta tutes, 1973, as amended (the "Act"). The administration and implementation of this Plan, including the preparation and execution of any documents Implementing it, shall be performed by the Authority. 1.2 Blight Findings Under the Act, an urban renewal area is a blighted area, which has been designated as appropriate for an Urban Renewal Project. In each urban renewal area1 conditions of blight, as defined by the Act, must be present, and in order for the Authority to exercise Its powers, the City Council must find that the presence of those conditions of blight, "substantially impairs or arrests the sound growth of the municipality or constitutes an economic or social liability, and is a menace to the public health, safety, morals or welfare." The West End 38 Urban Renewal Plan Area Conditions Survey, prepared by RickeriCunningham, dated November, 20151 and presented to the Authority under separate cover, demonstrates that the West End 38 Area (the "Study Area'') as defined in the Survey, is a blighted area under the Act. 1.3 Other Findings The Area, as defined in Section 1.4 below, is appropriate for one or more urban renewal activities and undertakings authorized by the Act to be advanced by t he Authority. West End 38 Urbn11 l~t'lt c:wnl P/n11 (12 14.2015) 3 It is the intent of the City Council in adopting this Plan that the Authority has available to it any and all powers authorized in the Act which are necessary and appropriate to accomplish the objectives stated herein. Fu rther, it is the intent of this Plan that the Authority exercises these powers for the elimination of qualifying conditions in the West End 38 Urban Renewal Plan Area (the "Plan Area" and the "Area") and furtherance of the goals and objectives of the community's general plan. The powers conferred by the Act are for public uses and purposes for which public money may be expended. This Plan is in the public interest and necessity -such finding being a matter of legislative determination by the City Council. 1.4 Urban Renewal Area Boundaries The Area includes four legal parcels and right-of-way area, comprising approximately 4.535 acres and located at t he northwest corner of West 381h Avenue and Upham St reet in the City of Wheat Ridge, Colorado. As illustrated in Table 1, the parcels are owned by two entities, Olive Street Development Co, LLC and Wadsworth Building Corporation (Vectra Bank Colorado), and are zoned Mixed-Use Commercial (MU-C). As shown in the Envision Wheat Ridge Comprehensive Plan, adopted October 2009, the Area is designated as a Mixed-Use Commercial Area, "focusing on long-term infill and redevelopment, reinvestment and high quality urban design and landscaping for vacant or underutilized properties" and as a Main Street Corridor, encouraging "small-scale mixed-use infill and redevelopment activities." The Area currently contains two vacant residential structures located along 38t" Ave nue within the eastern portion of the Area, a vacant auto repair building located within the northeast quadrant ofthe Area west of Upham Street, and a Vectra Bank building located within the interior of the Area. The Urban Renewal Plan Area Map is presented as Figure No. 1 on the following page. Table 1 West End 38 Urban Renewal Plan Survey Area -Property Ownership Parcel Number Property Ownership Land Area %of,Area 39-234-00-086 Wadsworth Building Corporation 57,150 sf 28.93% 39-234-00-088 Olive Street Development Co, LLC 12,325 sf 6.24% 39-234-00-089 Olive Street Development Co, LLC 53,840 sf 27.26% 39-234-04-030 Olive Street Development Co, LLC 36_491.5 sf 18.47% City of Wheat Ridge Right of Way 37,730.5 sf 19.1% Total: 197,537 square feet or 4.535 acres Source: Jefferson County Assessor Wc:-1 E11d 38 Urlltllt f\t•t~t'lllfll Plan (12 .'14 2015) 4 Figure No. 1: West End 38 Urban Renewal Plan Area 0 100 -C:::JI..:=:J Feet 10 Wes t End 38 Urbn11 Re11ewnl Pln11 (1 2.14.201 5) CJ West End 38 Urban Renewal Plan Boundary -West End 38 Urban Renewal Plan Parcels ... ~ g I ~ ~ NIM 5 1.5 Public Participation Notification of the public hearing was provided to property owners, residents and owners of business concerns at their last known address of record within the Area as required by the Act. Additionally, all property owners have been provided written consent for their property to be included within the Area, and notice of the public hearing to consider the Plan was published in the Wheat Ridge Transcript as required by the Act. The City Planning Commission reviewed the Plan on November 19, 2015, and tound that the Plan is consistent with the Comprehensive Plan. The City Council reviewed and approved the Plan at a public hearing on December 14, 2015. 2.0 Definitions Act -means the Urban Renewal Law of the State of Colorado, Part 1 of Article 25 of Title 31, Colorado Revised Statutes, as amended. Unless otherwise stated, all capitalized terms herein shall have the same meaning as set forth in the Act. Area or Plan Area-means the West End 38 Urban Renewal Plan Area as depicted in Figure No. 1 and described in Appendix B of this Plan. Authority -means Renewal Wheat Ridge, the City urban renewal authority (the "Authority"). Base Amount -means that portion of property taxes which are produced by the levy at the rate fixed each year by or for each public body upon the valuation for assessment of taxable property in a Tax Increment Area last certified prior t o the effective date of approval of the Plan; and, that portion of municipal sales taxes collected within the boundaries of the Tax Increment Area in the twelve-month period ending on the last day of the month prior to the effective date of approval of the Plan. City Council -means the Oty Council of the City of Wheat Ridge. Comprehensive Plan -means the Envision Wheat Ridge Comprehensive Plan, adopted 2009. Cooperation Agreement -means any agreement between the Authority and the City, or any public body (the term ''public body" being used in this Plan as defined by the Act) respecting action to be taken pursuant to any of the powers set forth in the Act or In any other provision of Colorado law, for the purpose of facilitating public undertakings deemed necessary or appropriate by the Authority under this Plan. Corridor-generally represents linear areas along major arterial streets and including commercial corridors. I VI.'~ I £.11 d J 8 U rl1tr11 I<,. IH'II'trl rIa 11 (I 2 I.J. .1 0 15) 6 C.R.S.-means the Colorado Revised Statutes, as amended from time to time. Impact Report -means the West End 38 Urban Renewal Plan -Jefferson County Impact Report prepared by RickeriCunningham, dated November 2015 and presented to the Authority under separate cover. Plan or Urban Renewal Plan-means this West End 38 Urban Renewal Plan (the "Plan"). Project or Urban Renewal Project -for purposes of this Plan, the Project includes any and all undertakings and activities within the Plan Area to remedy or prevent blighted conditions or otherwise achieve the goals of the Plan. Redevelopment I Development Agreement -means one or more agreements between the Authority and developer(s) and I or property owners or such other individuals or entities as may be determined by the Authority to be necessary or desirable to ca rry out the purposes of this Plan Study Area -means the geographic area defined for the Survey. Survey -means the West End 38 Urban Renewal Plan Area Conditions Survey, prepared by RickeriCunningham, dated November 2015 and presented to the Authority Board under separate cover. Tax Increment -means that portion of property and I or municipal sates taxes in excess of the ba se amount set forth in Section 7.3.2 of this Plan allocated to and, when collected paid into the Authority's Tax Increment Revenue Fund. Tax Increment Area -means the area designated as a Tax Increment Area, as defined and pursuant to the procedures set forth in Section 6.12 of this Plan. Tax Increment Finance (or Financing) (TIF) -means a financing mechanism which uses future revenues resulting from private investment within an established area (Tax Increment Area) to fund improvements for the public benefit. Tax Increment Revenue Fund -means a fund supervised by the Authority and the resources of which include incremental ad valorem property and municipal sales tax revenue resu lting from investment and reinvestment In an established urban renewal area. 3.0 Plan Purpose and Vision The purpose of this Plan is to reduce, eliminate and prevent the spread of blight and to stimulate and catalyze growth and investment within t he Area boundaries. To accomplish this purpose, the Plan is intended to promote local objectives expressed in adopted community plans and advance the priorities of the Comprehensive Plan. The Envision Wheat Ridge Comprehensive Plan was adopted in 2009. Presented below in Section 5.0, are excerpts (taken INt''' Eru/38 Lli'LHIII R£'1/CWn l Pln11 (12.1-1.2015) 7 verbatim) from the Comprehensive Plan that describes how implementation of Urban Renewal Projects within the Area will advance the vision and goals expressed in that document. Also provided are excerpts (taken verbatim) from the 391h Avenue Comdor Plan, adopted 2011, which will similarly be addressed by these Urban Renewal Projects. Additional excerpts from both documents are presented in Appendix A of this Plan 3.1 Plan Vision As expressed in the City's general plan and numerous subarea and corridor plans, Wheat Ridge desires to be a prominent and sustotnoble community, w;th o prosperous future built upon the foundation of the community's major assets (comfortable neighborhoods, unique culture and history, abundant open space, terrific v1ews, and proximity to Denver and the Rocky Mountains). Additionally, the city will grow o brood and resilient loco/ economy thor provides family wage jobs and thriving busme.ss districts to balance with the community's friendly and established neighborhoods. Finally, Wheat Ridge will offer convenient transportation options, voluoble services, ond high quality of life for oil residents. Also confirmed is the City's recognition that attaining this vision wiH require on aggressive approach and willingness of the community to embrace change. 3.2 . Plan Objective The objective of this Plan is to alleviate conditions of blight by actively promoting investment and reinvestment within the Area; and, to make financial resources available to assist its partners (private, public, non-profit and others) with addressing those conditions of blight identified herein, and explained in greater detailm the West End 38 Conditions Survey, especially those that render undertakings or investment within its boundanes mfeas1ble. 3.3 Plan Goals All development in the Area shall conform to the zoning code and any site-specific zoning regulations or policies which might Impact properties, all as are In effect and as may be amended from time to time. Although the Act authorizes the Authority to; undertake zoning and planning activities to regulate land use, establish maximum or minimum denseties, and institute other building requirements in an urban renewal area, for the purpose of this Plan, the Authority anticipates that the City will regulate land use and building requirements through existing municipal codes and ordinances. Wnt E11d 38 Url•tlft Rt·llru•n/ r1a11 (11 14 .1015) 8 General goals of the Plan include redevelopment of properties within its boundaries for the purpose of generating revenue sufficient to fund public improvements that address conditions of blight and facilitate investment. Specific goals include: 1. Eliminate and prevent blight by facilitating redevelopment. 2. Implement elements of the Comprehensive Plan . 3. Support and advance actions identified in existing plans related to development of vacant and under-utilized parcels that are consistent with the vision of this Plan 4. Provide public infrastructure and make more efficient use of existing land. 5. Promote sustainability -development, fiscal, resource, etc. 6. Advance uses that ca n leverage public investment in planned imp(ovements including multiple modes of transportation (vehicular and non-vehicular). 7. Enhance the public realm including streetscape amenities, trail connections and other pedestrian-friendly improvements in a manner consistent with the existing community character. 8. Encourage economic sustainabllity throughout the community and growth in appropriate locations. 9. Provide a .range of financing mechanisms for improvements. 10. Provide additional opportunities for residential development to support commercial uses in the Area. 11. Support existing industry by encouraging a stronger jobs-housing balance. 12. Encourage growth and stability in local businesses. 13. Facilitate public-private partnerships. 3.4 Plan Implementation As the plan administrator, the Authority will seek to advance the Plan objectives through the following if deemed necessary: • Financing of redevelopment undertakings and actrvities and critical infrastructure; and • Agreements with private, public and other partners to undertake redevelopment undertakings and actjvities. West E11tl 38 Ur/1t1 11 Renew(!/ Plr111 (12.14.2015) 9 The Authority will work in cooperation with the City to advance the objective and its goals through: • Investment in the public realm (roadway, parks, open space); • Encouragement of development consistent with or exceeding existing standards; • Provision of supportive programs to existing area businesses; and • Judicious use of limited resources. 4.0 Blight Conditions Before an urban renewal plan can be adopted by the City, the Area must be determined to be a "blighted area" as defined in Section 31-25-103(2) of the Act, which provides that, in its present condition and use, the presence of at least one of the following factors in the Area if all property owners consent (four of the factors if property owner consent is not expressly obtained orfive of the factors In cases where the use of eminent domain is anticipated), substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare; (a) Slum, deteriorated, or deteriorating structures; (b) Predominance of defective or inadequate street layout; (c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (d) Unsanitary or unsafe conditions; (e) Deterioration of site or other rmprovements; (f) Unusual topography or rnadequate public Improvements or utilities; (g) Defective or unusual conditions of title rendering the title nonmarketable; (h) The existence of conditions that endanger life or property by fire or other causes; (i) Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design , physical construction, or faulty or inadequate facilities; {J) Environmental contamination of buildings or property; (k.S) The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other Improvements; or Wt·s t F11d 38 Ll rl'tl ll Rt:III'Wnl P/,111 (1114.1015} 10 (I) If there is no objection by the property owner or owners and the tenant or tenants of such owner or owners, if any, to the inclusion of such property in an urban renewal area, "blighted area" also means an area that, in its present condition and use and, by reason of the presence of any one of the factors specified in paragraphs (a) to (k.S) of Section 31·25-103(2), substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare. As stated above, factor "I" above applies when there is no objection by the Area's property owner or owners. However, despite the statutory allowance for the presence of fewer factors when creation of an urban renewal area is being requested voluntarily, every effort was made during preparation of the West End 38 Conditions Survey, dated November 2015, to identify all factors impacting investment within its boundaries. Additionally, all property owners have provided written consent for their property to be included within the Area. The general methodology for conducting the Survey ls to: (i) define the Study Area; (il) gather information about properties, infrastructure and other improvements within that Area; (iii) evaluate evidence of blight through field reconnaissance, review of aerial photography, discussions with representatives of various City departmehts; and, (iv) record observed and documented conditions listed as blight factors in the Act. Among the 11 qualifying factors identified in the Act, the Survey showed the presence of the following nine (9) blight factors in the Study Area which is the subject of this Plan and presented herein as Figure 1. (b) Predominance of defective or inadequate street layout-ill-defined driveways, particularly along Upham Street; lengthy curb cuts along 38t11 Avenue and no curb cuts along Upham Street; and, Increasing trend of traffic accidents and incidents (c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness -one lot that is too small to redevelop according to municipal standards; another lot with an irregular shape leaving significant portions undevelopable without and assemblage; irregular and absent curb cuts making access confusing and potentially dangerous Wi's f E11d 38 llr/lnu Rt•llcwnl f>lnu (12.14.2015) ll (d) Unsanitary or unsafe conditions-presence of environmentally hazardous contaminants within a general influence area of properties within its boundaries; and, increasing trend of traffic accidents and criminal Incidents (e) Deterioration of site or other improvements-unpaved parking surface; lack of landscaping in a portion of the Area; weeds and unkempt landscaping on one parcel; overall impression of neglect due to vacancy; and, damaged signage that Is inconsistent with current municipal standards (f) Unusual topography or inadequate public improvements or utilities-see curb cut references above; substandard in 381h Avenue due to a lack of appropriate accommodations for bicycles (as required by the code), and pedestrians, particularly along 38111 Avenue closest to Wadsworth Boulevard where sidewalk widths narrow to less than 6' (as required by the general plan and code); and, the lack of sidewalks along Upham Street (h) Existence of conditions that endanger life or property by fire or other causes-presence of environmentally hazardous contaminants within a general influence area of properties within its boundafies; and, increasing trend in criminal incidents Ill Buildings that are unsafe or unhealthy [or persons to live or work in because of building code violations, dilapidation, deterioratio n, defective design, physical construction, or faulty or inadequate facilities -presence of envitonmentally hazardous contaminants within a general influence area of properties within its boundaries (j) Environmental contamination of buildings or property -presence of environmentally hazardous contaminants within a generallnfluence area of properties within its boundaries (k.S) Existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilizotion or vacancy of sites, buildings, or other improvements-requiring high levels of municipal services; and. underutililation of Sites and buildings throughout the Area 5.0 Plan Relationship to Other Community Documents 5.1 Plan Conformity As supported by specific references presented herein, implementation of this Plan will further the objectives and requirements of the Comprehensive Plan with respect to development and redevelopment, particularly within the community's commercial corridors. As stated earlier, as development occurs In the Area, it sha ll conform to the Comprehensive Plan and any subsequent updates, as well as any regulating documents W<'s l [Jtd 38 Ur/tn/1 l~rii•'Wnl Pln11 (12 ./.J .2015) 12 including the current building code or other rules, regulations, and policies promulgated pursuant thereto. Any site-specific planning documents that might impact properties in the Area including, but not limited to City-approved site, drainage, and public improvement plans; and, any applicable City design standards, all as may be in effect and amended from time to time, will also be adhered to. Finally, conditions of blight within the Area will be remedied by the Plan and redevelopment by private enterprise, to the great est extent possible, but will need to first be identified as a priority investment by the Authority in consultation with t he City and affected property owners. It is the Plan's intent that public improvements will be phased as the market allows and funded in part by tax increment revenues. 5.2 Consistency with the Comprehensive Plan and Corridor Plan As explained earlier, a general plan for the City, known as the Envision Wheat Ridge Comprehensive Plan, was adopted in 2009. The Authority, with the cooperation of the City, private enterprise and other public bodies, will engage in undertakings and activities described herein in order to eliminate the identified conditions of blight while also implementing the goals and objectives of the Comprehensive Plan, the 38th Avenue Corridor Plan, adopted in October 2011, and all other adopted City plans which may impact properties within the Area. Select goals and policies of t hose plans which this West End 38 Urban Renewal Plan will advance are described below, and in detail in Appendix A. Those that are particularly relevant to potential actions within the Plan Area are bolded in blue. Envision Wheat Ridge Building on Previous Planning Efforts The Plan update included review of these previous efforts and documents. Many of the goals, policies, and ideas for the future represented in the previous planning efforts are still relevant, and are carried forth in this plan. Some examples of overarching themes in this plan that are carried forth from previous planning efforts include: • Commit to quality development and redevelopment (from the 2000 Comprehensive Plan) • Preserve and enhance Wheat Ridge's Neighborhoods (2000 Comprehensive Plan) • Continue to provide quality community services, parks, and open spaces (2000 Comprehensive Plan) • Encourage alternative transportation opportunities and Intergovernmental cooperation on regiona l issues (2000 Comprehensive Plan) Wes t End 38 Url7n ll Renewal Plnn (12.14.2015) 13 • Focus on increa sing housing options to attract a range of household types (Neighborhood Revitalization Strategy) • Prioritize the redevelopment of key commercial areas (Neighborhood Revitalization Strategy) • Enhance community character and gateways (Neighborhood Revitalization Strategy) • Promote transit-supportive development (Northwest Subarea Plan) • Develop a Town Center (Wadsworth Subarea Plan) • Increase property maintenance and stability (Fruitdale Subarea Plan) Previous Planning Efforts in Wheat Ridge Comprehensive Plans • 2000 Comprehensive Plan • Repositioning Wheat Ridge: Neighborhood Revitalization Strategy (NRS, 2005) Subarea Plans • Northwest Subarea Plan (2006} • Wadsworth Corridor Subarea Plan (2007) • Fru itdale Subarea Plan (2007) • 381h Avenue Corridor Plan (2011-following adoption of the Comprehensive Plan) Urban Renewal Plans • Wadsworth Boulevard Corridor Redevelopment Plan (2001) • West 44th Avenue Ward Road Redevelopment Plan (2001) • 38th Avenue Corridor Redevelopment Plan (2001) • 1-70 I Kipling Corridor Urban Renewal Plan (2009) Key Trends and Issues Throughout the planning process a number of key trends and issues emerged as important topics for the Envision Wheat Ridge Plan to address. The list of key trends and issues are summarized below: Economic and Fiscal Issues • Developing a clear economic strategy • Defining roles and responsibilities of partner organizations • Addressing opportunities for future employment and retail centers • Identifying prime areas for redevelopment and inftll, and address barriers to development West Enrl 38 U r/1n 11 Renewnl Pl an (12 .14.2015) 14 • Addressing the fiscal realities of the City and how to achieve sustainable revenue sources to maintain current levels of City services • Investing in new technology to advance economic development Land Use, Housing, and Design Issues • Recognizing the importance of the community's neighborhoods and addressing how to increase the variety of housing options (beyond the single-family ranch homes and older apartments) • Addressing how to reinvest in existing neighborhoods to maintain their character but also make them more appealing to new residents • Achieving a sustainable balance of housing, retail, and employment land uses over time • Identifying appropriate density and design for different parts of the community • Establishing areas for future activity centers such as a larger scale Town Center and smaller neighborhood centers Community Character and Livability Issues • Addressing how to promote the community's assets to attract new residents, employees, and visitors • Accommodating the needs of different types of households • Coordinating with the school district to maintain quality schools • Identifying barriers for active lifestyles and promoting healthy lifestyles • Continuing parks, recreation, and open space investment and offerings • Engaging residents in crime prevention and code enforcement efforts • Including sustainability as a key theme throughout the Plan Other Issues • Incorporating previous planning efforts into the Comprehensive Plan • focusing on strategic implementation and priority actions to achieve the Plan's goals 381h Avenue Corridor Plan Executive Summary West 38th Avenue, between Sheridan and Wadsworth Boulevards, is a priority redevelopment area in Wheat Ridge. The City's comprehensive plan, Envision Wheat West £ud 38 Urbn n Re newnl Pln11 (12.14.2015) 15 Ridge, identifies the corridor as one of five key redevelopment sites and designates 38th Avenue as the City's main street. Although many residents view 38th Avenue as the heart of the community, today it lacks the physical environment and economic vitality that is commonly associated with a main street corridor. The purpose of the 38th Avenue Corridor Plan is to establish a vision for 38th Avenue so that it can be revitalized into an attractive focal point for the community. Building on valuable input from stakeholders and the public at-large, the plan creates a vision for the future of the street. It establishes four guiding principles that set the framework for the plan's recommendations, which focus on transportation, land use, urban design, and economic development. VISION STATEMENT The following statement captures the vision for what 38th Avenue will become In the next two decades: "West 38th Avenue between Sheridan ond Wadsworth is a safe, vibrant and diverse corridor in Wheat Ridge with a strong identity ond robust commercial and residential markets. The corridor has identifiable sub-districts with its Main Street being a source of community pride and o primary destination for city residents and visitors. In the year 2030, people of o/1 ages ond abilities live, work, learn, shop, and ploy along 38th Avenue." 5.3 Correlation with Other Community Plans Implementation of this Plan will be consistent with objectives expressed in all City adopted and accepted plans that speak specifically to properties in the Area, including those cited above_ 6.0 Authorized Authority Undertakings and Activities Whereas the Act allows for a wide range of activities to be used in the implementation of an urban renewal plan, It is the Authority's intent to provide both financial assistance and public improvements in partnership with property owners and other affected parties in order to accomplish the objectives stated herein. Public-private partnerships and other forms of cooperative development will be essential to the Authority's strategy for preventing the spread of blight and eliminating existing blighting conditions. Specific undertakings of the Authority in the furtherance of this Plan are described as follows. Wt•.s l Enrl 38 LJ rl11111 l{e ucftln l Pl 1111 (12 14 .2015) 16 6.1 Complete Public Improvements and Facilities The Authority may, or may cooperate with others to, finance, install, construct, and reconstruct any public improvements. Additionally, the Authority may, or may cooperate with others to, demolish and clear existing improvements for the purpose of promoting the objectives of the Plan and the Act. While public improvements or investment should, whenever possible, stimulate (directly and indirectly) desired private sector investment, it is the intent of this Plan that the combination of public and private investment that occurs in the Area will contribute to the overall economic well-being of the community at-large. As described in Section 4.0 of this Plan, nine (9) qualifying conditions of blight, as defined in Section 31-25-103(2) of the Act, are evident in the Area. This Plan proposes to remedy those conditions by providing certain public improvements and facilities, including, but not limited to the following: (b) Assistance with property assemblages (if needed); and, consolidate and improve existing, and assist in the construction of new curbs and gutters, along with other improvements in an effort to raise values and the investment climate in an effort to reduce traffic accidents and incidents (c) Assistance with property assemblages (if needed); and, consolidate and improve existing, and assist in the construction of new curbs and gutters (d) Elimination and I or mitigation of environmentally hazardous contaminants; and, assist and improve properties and public infrastructure in an effort raise values and the investment climate in an effort to reduce traffic and criminal incidents (e) Provide assistance for landscaping, parking lot and signage improvements (f) Consolidate and improve existing, and assist In the construction of new curbs and gutters; and, assist with the completion of accommodations for pedestrian and bicycles (h) Elimination and I or mitigation of environmentally hazardous contaminants; and, provide "gap" financing to meritorious projects which advance the vision stated herein and in relevant Oty adopted plans (l) Elimination and I or mitigation of environmentally hazardous contaminants Ol Same as (i) Wt'!-l £1ttl 38 Llrllntl R£'1/I!Wnl Plnu (1?..14.2015) 17 (k.S) Assistance with property assemblages (if needed); and, assist and improve properties and public infrastructure in an effort raise va lues and the investment climate in an effort to reduce crime 6.2 Complete Other Improvements and Facilities To the extent that non-public improvements in the Area may be required to accommodate development and redevelopment and still benefit the public. the Authority is hereby authorized to assist in the financmg or construction of such improvements to the extent authorized by the Act. 6.3 Promote Development and Redevelopment A key concept associated with implementation of the Plan is targeted mvest men t that will serve to catalyze development throughout the Area and fund future public improvements. The potential impact of this investment to Jefferson County is quantified in the West End 38 Urban Renewal Plan-Jefferson County Impact Report, dated November 20151 presented to the Authorit y Board under separate cover 6.4 Adopt Standards As stated earlier, all development'" the Area shall conform to applicable rules, regulations, policies, other requirements, and standards of the City, along with any other governmental entity which has jurisdiction in the Area. While the Act allows for the adoption of standards and requirements applicable to activities undertaken in an urban renewal area, in the context of t his Plan, it is the Authority's intention that investment within its boundaries conform to City-approved documents. 6.5 Modify the Plan The Authority may propose. and the City Council may make, modifications to this Plan as may be necessary provided they are consistent with the Comprehensive Plan and any subsequent updates. Additionally, any such amendments made in accordance with this Plan and as otherwise contemplated, must also be compliant with the Act. Finally, the Authority may, in specific cases, allow non-substantive variations from the provisions of this Plan, if it determines that a literal enforcement of the provision would constitute an unreasonable limitation beyond the intent and purpose stated herein. IVot E11tl 18 Ut/'1111 Rc'llt'll'lll P/1111 ( 12 .I ~.201 'i) 18 6.6 Review the Plan The ongoing review process for the Plan Is intended to provide a mechanism to allow those parties responsible for administering and implementing key activities within its boundaries to periodically evaluate its effectiveness and make adjustments to ensure efficiency in implementing these activities. To this end, the following steps are presented to serve as a guide for future Plan review: (a) The Authority may propose modifications, and the City Council may make such modifications as may be necessary provided they are consistent with the Comprehensive Plan and any subsequent updates, as well as the Act. (b) Modifications may be developed from suggestions by the Authority, property and business owners, and City staff operating in support of the Authority and advancement of this Plan. 6.7 Provide Relocation Assistance While it is not anticipated as of the date of this Plan that acquisition of real property will result in the relocation of any individuals, families, or business concerns; if such relocation becomes necessary, t he Authority will adopt a relocation plan in conformance with t he Act. 6.8 Demolish, Clear and Prepare Improvements While also not anticipated as of the date of this Plan, the Authority may, on a case-by· case basis, elect to demolish or cooperate with others to clear buildings, structures and other improvements within the Area in an effort to advance activities and undertakings deemed consistent with the vision stated herein Additionally, existing Development or Cooperation Agreements may require such demolition or site clearance to eliminate unhealthy, unsanitary, and unsafe conditions; obsolete uses deemed detrimental to the public welfare; and, otherwise remove and prevent t he spread of deterioration. 6. 9 Acquire and Dispose of Property While the Act allows for the acquisition of property by negotiation or any other method, this Plan does not authorize the Authority uses its resources to acquire property by eminent domain. Properties acquired by entities other than the Authority may temporarily be operated, managed and maintained by the Authority If requested to do so by the acquiring entity and deemed in the best interest of the Urban Renewal Project W•'~l Flltl 38 U r/,111 RL'IIl'Wn l Pl an (12.14.2015) 19 and the Plan. Such property shall be under the management and control of the Authority and may be rented or leased pending its disposition for redevelopment. The Authority may sell, lease, or otherwise transfer real property or any interest in real property subject to covenants, condit ions and restrictions, including architectural and design controls, time restnct1ons on development, and building requirements in accordance with the Act and this Plan. 6.10 Enter Into Redevelopment I Development Agreements The Authority may enter into Redevelopment I Development Agreements or other contracts with developer(s) or property owners or such other Individuals or entities determined to be necessary to carry out the purposes of this Plan Fu rther, such Agreements, or other contracts, may contain terms and provisions deemed necessary or appropriate for the purpose of undertaking the activities contemplated by this Plan and the Act. Any existing Redevelopment Agreement between the City and private parties that are consistent with this Plan are intended to remain In full force and effect, unless all parties to such agreements agree otherwise. 6.11 Enter Into Cooperation Agreements For the purpose of this Plan, the Authority may enter into one or more Cooperation Agreements pursuant to the Act. Whereas the City and the Authority recognize the need to cooperate in the implementation of this Plan, these Cooperation Agreements may include without limitation the plannmg, financing, installation, construction and 1 or reconstruction of public or other eligible improvements This paragraph shall not be construed to require any particular form of cooperation. 6.12 Tax Increment Area The boundaries of the Urban Renewal Plan Area shall be as set forth in Section 1.4 and illustrated in Figure 1. It Is the intent of the City Council in approving this Plan to authorize the use ofT ax Increment Financing {TIF) by the Authority as part of its efforts to advance the vision, objectives and activities desc:rfbed herein. Pursuant to the provisions of Section 31-25-107(9) of the Act, the City Council further contemplates that IVc~/ Etld 38 Lit/Inn Rl'IIL'Wtlf Plnn (12 14 .2015) 20 a Tax Increment Area is being created with concurrent boundaries to the Urban Renewal Area, effective as of the date of City Council's approval of this Plan. Notwithstanding such distinction, the Authority is specifically authorized to expend the revenue from property and sales tax increments to the extent authorized by the Act and this Plan. However, improvements which enhance the financial viability of existing businesses and I or redevelopment of these businesses will be a priority use for these resources. While this West End 38 Urban Renewal Plan contemplates that the prima ry method of assisting with financing eligible expenses in the Area will be through the use of Property Tax Increment revenue, the City Council may allocate municipal sales Tax Increments if requested to do so by the Authority, and only after receipt of a financing plan outlining the proposed amounts and purpose for which the municipal sales Tax Increment is to be used. As such, the use of sales tax increment is hereby authorized pursuant to Section 31-25-107 {9), C.R.S., which is by this reference incorporated herein as if set forth in its entirety, but any such pledge of municipal sales Tax Increment by the Authority in a Development or Redevelopment Agreement shall not be authorized until a separate Cooperation Agreement between the Authority and the City Council setting forth the amount and terms of this allocation of incremental sa les taxes between the City Council and the Authority is established. The approval of such Cooperation Agreement by the City Council and the Authority is hereby found by the City Council not to be a substantial modification of the Urban Renewal Plan, and is not an addition or modification of the Urban Renewal Project, does not alter the boundaries of the Plan Area, does not change the mill levy or sales tax component of the Plan (up to 100% of the sales tax increment being hereby authorized by the Plan), and is not an extension of the Plan or the duration of a specific Urban Renewal Project, regardless of when such Cooperation Agreement may be approved. The entire Plan Area is hereby designated as a single Tax Increment Area. 7.0 Project Financing 7.1 Public Investment Objective A critical component to the success of any urban renewal strategy is participation by both the public and private sectors. Leveraging of resources will be key, as no one entity, either public or private, has sufficient resources alone to sustain a long-term improvement effort. Possible public infrastructure investments may include, but will not be limited to completing non-vehicular public and eligible improvements intended Wt!.SI £ufi 38 Urluw Renewnl Pln11 (12.14.201 5) 21 to improve safe movement within the Area and advance key goals of the Comprehensive Plan; roadway improvements including curbs, gutters, and drainage and utility, and infrastructure improvements and relocations; as well as, prov1ding finand al assistance for other expenses considered eligible under the Act. 7.2 Financial Mechanisms The Authority may fi nance undertakings pursuant to this Plan by any method authorized under the Act or any other applicable law, including without limitation of the following: issuance of notes, bonds and other obligations as defined in the Act in an amount sufficient to finance all or part of this Plan; borrowing of funds and creation of indebtedness; reimbursement agreements; and I or, utilization of the following: federal or state loans or grants, interest income, annual appropriation agreements, agreements with public or private entities; and loans, advances and grants from any other available sources. The principal, interest, costs and fees on any indebtedness are to be paid for with any lawfully available funds of the Authority, Debt may include bonds, refunding bonds, notes, interim certificates or receipts, temporary bonds, certificates of indebtedness, or any other obligation lawfully created 7.3 Tax Increment Financing Activit1es may be financed by the Authority under the Tax Increment Financmg provisions of the Act. Such incremental revenues may be used for a period not to exceed the statutory requirement, which is presently twenty-five (25) years after the effective date of the Plan adoption wh1ch authorizes and creates the Tax Increment Area. 7.3.1 Special Fund In accordance with the requ~rements of the law, the Authority shall establish a Tax Increment Revenue Fund for the deposit of all funds generated pursuant to the division of ad valorem property and municipal sales tax revenue described in this section. IVt·~t Etul 38 Lfrhon Rt•tu•n•a/ Pln 11 ( 1 Z 1-1 101 5) 22 7 .3.2 Base Amount The Base Amount includes that portion of the property taxes which are produced by the levy at the rate fixed each year by or f·or each public body upon the valuation for assessment of taxable property in the Tax Increment Area last certified prior to the effective date of approval of the Plan (or future modifications); and, that portion of municipal sales taxes collected within the boundaries of the Tax Increment Area in the twelve-month period ending on the last day of the month prior to the effective date of approval of the Plan and paid to the public body, as are all other taxes collected by or for said public body. 7 .3.3 Incremental Revenues Incremental revenues including that portion of said property, an d if authorized by City Council, municipal sales taxes in excess of the base amount set forth in Section 7.3.2 above shall be allocated to and, when collected, paid into the Authority's Tax Increment Revenue Fund . The Authority may use these funds to pay the principal of, the interest on, and any other premiums due in connection with the bonds of, loans or advances to, or indebtedness incurred (whether funded, refunded, assumed, or otherwise) by the Authority, for financing or refinancing, in whole or in part, any portion of an Urban Renewal Project considered eligible under the Act. Unless and until the total valuation for assessment of the taxable property in any Tax Increment Area exceeds the base valuation, all of the taxes levied upon taxable property in the Tax Increment Area shall be paid into the funds of the respective public bodies. Also, when such bonds, loans, advances and indebtedness, including interest thereon and any premiums due in connection thereWith, have been paid, all taxes upon the same taxable property shall be paid to the respective public bodies. Further, the Incremental portion of said taxes, as described in this su bsection 7 .3.3, may be irrevocably pledged by the Authority for the payment of, principal and interest on, and any premiums due in connection with such bonds, loans, advances and I or indebtedness incurred by Au thority to finance an Urban Renewal Project (as defined in the Act); except: (a) Any offsets collected by the County Treasurer for return of overpayments or any funds reserved by the Authority for such purposes In accordance with Section 31-25-107(9)(a)(lll) and (b), C.R.S. West £11tl ~8 llrlunr Rt!IICWnl Pln11 (12 .14 2015) 23 (b) Any reasonable (as determined by the Authority) set-asides or reserves of incremental taxes paid to the Authority for payment of expenses associated with administering the Plan. If there is any conflict between the Act and this Plan, the provisions of the Act shall prevail, and the language in the Plan automatically deemed to conform to the statute. 7.4 Other Financing Mechanisms I Structures The Plan is designed to provide for the use of Tal< Increment Financing as one tool to fa cilitate investment and reinvestment within the Area. However, in addition to Tax Increment Financing, the Authority shall be authorized to finance implementation of the Plan by any method authorized by the Act. The Authority is committed to making a var1ety of strategies and mechanisms available which are financial, physical, market and organizational in nature. It is the intent of this Plan to use the tools either independently or In various combinations. Given the obstacles associated with redevelopment, the Authority recognizes that lt is imperative that solutions and resources be put in place which are comprehensive, flexible and creative. Finally, the Authority may contract with the City to administer various lncent1ves. 8.0 Severability If any portion of this Plan is held to be mvahd or unenforceable, such invalidity will not affect the remaining portions of the Plan. 11\f('~t E11.t ~s L/1'1,,,, Nt'llcwal l'/n11 ( 11 14 .2U 1 5) 24 Appendix A: West End 38 Urban Renewal Plan City of Wheat Ridge, Colorado Excerpts from the Envision Wheat Ridge Comprehensive Plan, adopted October 12, 2009 and 38111 Avenue Corridor Plan, adopted October 2011 West End 38 Urhtllt Re newnl Plan (12 .14.2015) 25 2 -COMMUNITY VISION AND VALUES Page 11 Key Values The following six broad Key Values are the primary principles behind the Community Vision. They describe the community's aspirations and organize the more specific policies into the chapters of this Comprehensive Plan. Create a Resilient Local Economy Based on a Balanced Mix of Land Uses A diverse mix of land uses Including residential neighborhoods, primary employment, and commercial goods and services will build and sustain a broad and resilient tax base. Promote VIbrant Neighborhoods and an Array of Housmg Opt1ons Maintaining the character of existing neighborhoods and establishmg new housing options will ret am and attract a range of household types. Enhance Community Character and Accentuate Quality Design Marketing Wheat Ridge's unique qualities and emphasizing quality design for new development and redevelopment will reposition Wheat Ridge as a unique community. Increase Transportation Connections and Options Continued coordination and investment in transportation efficiency, travel options and connections will improve mobility for community residents, employees, and visitors Provide Quality Community Amenities, Services, and Resources A commitment to providing exemplary community services will maintain the high quality of life for community residents, and will help attract future households and employers. Ensure a Sustainable Future "' Continued focus on the future implications of today's choices and their impacts on the community's residents, the natural environment, and community prosperity will ensure a prosperous future for future generations. Page 12 • Vision for a Sustainable Future • A sustainable future is a continuous JOurney to balance social, environmental, and economic Interests. It respects and provides stewardship of the natural environment, facilitates active lifestyles and civic engagement, and bestows economic prosperity to individuals and the community. • A community with a sustamable future focuses on its local progress while also considering the global•mpacts of its decisions. 26 3 -St ructure Plan Page 13 Introduction Overview The Structure Plan is intended to provide strategic guidance and general land uses for future redevelopment to aid the Wheat Ridge community in achieving its future vision. It provides high-level guidance for the community's areas and corridors -it is not intended to be parcel-based, nor is it a zoning map. The Structure Plan, in combination with goals and policies, will help the community determine appropriate locations and strategies for: 1. conservation of the community's assets and foundation; 2. areas in need of reinvestment and revitalization; and 3. targeted development and redevelopment to achieve vibrant commercial, mixed-use, and employment areas. Page 20 Foundations Foundations are neighborhoods and commercial areas with common characteristics, upon which the focus areas are layered. They include: Neighborhood Revitalization -residential areas --individual properties or general pockets that might benefit from reinvestment; often require special attention because they have issues related to dilapidated properties, code enforcement, crime and safety, lower rates of owner occupancy, and I or incompatible mix of uses; promote home ownership and spur reinvestment through infrastructure improvements; and I or, limited small-scale residential redevelopment will be encouraged in areas that exhibit several of the following cha racteristics of neighborhoods In need of revitalization Criteria to distinguish Neighborhood Revitalization Areas • Increasing incompatibility of uses • Infrastructure needs (e.g., utilities in disrepair) • Less stability than established neighborhoods Neighborhood Buffer Areas • Along both sides of Kipling Street north of 44th Avenue • 44th Avenue near Youngfield Street • Along Wadsworth Boulevard • Along Sheridan Boulevard Mixed-Use Commercial Areas Existing Areas • Kipling Street at 1-70 • Youngfield Street and 38th Avenue at 1-70 27 • 38th Avenue between Sheridan and Wadsworth Boulevards The plan designates existing commercial areas miKed with office and employment as mixed-use commercial areas. Focus in these areas is on long-term infill and redevelopment, reinvestment, and high quality urban design and landscaping for vacant or underutilized properties, with "centers" being the primary emphasis. Page 24 Corridors and Gateways Corridors and Gateways are areas of future focus and emphasis layered on top of the foundations. Corridors are the major thoroughfares through Wheat Ridge along which businesses are located. The intensities and land use characteristics of the city's corridors will vary from vehicular-oriented commercial districts to quaint and pedestrian-friendly neighborhood commercial areas. The corridors include: Primary Commercial Corridors · focus on assembling and redeveloping outdated and underutilized properties primarily from 35th to 44th Avenues, encourage development of a mixed-use Town Center, including multi-family housing (as lofts or part of the mix), improved bicycle and pedestrian connections along routes parallel to Wadsworth Main Street Corridor, 38th Avenue Corridor (between Wadsworth Boulevard and Sheridan Boulevard) -show case nodes of locally owned commercial businesses and employers in a transit and pedestrian- friendly "main street" environment that emphasizes Wheat Ridge's historic and hometown character; small-scale mixed-use infill and redevelopment activit ies will be focused primarily between Wadsworth and Pierce, with additional nodes of development extending along 38th Avenue to Sheridan, street scape and other urban design improvements will be extended through the Main Street corridor to provide a walkable and distinct gateway Neighborhood Commercial Corridors • 44th Avenue (between Youngfield and Kipling Streets) • 44th Avenue (between Kipling Street and the greenbelt) • 44th Avenue (east of Wadsworth Boulevard) • Harlan Street (from 1-70 to just south of 44th Avenue), Primary Gateway, Primary Gateways • I· 70 at Wadsworth • 1-70 at Kipling Street • 1-70 at Ward Road • 1-70 at Youngfield Street I 32nd Avenue • Wadsworth at 26th Avenue • 38th Avenue at Sheridan Boulevard • 26th Ave at Kipling Street • 44th Avenue at Harlan Street 28 4 -ECONOMY AND lAND USE Page 35 Relationship to the Community Vis ion and Structure Plan Emphasis on retention and reinvestment in commercial areas will ensure that residents have convenient local locations to shop, in addition to generating retail sales tax to maintain City services. To provide balance to the community's strong residential base, future employment and commercial development efforts will target key areas. Goal ELU1: Make Wheat Ridge a "community of choice" in which to live, work, shop, and recreate. Wheat Ridge will actively promote the community's positive assets to attract and retain residents, employers, and visitors. The City will emphasize and market its high quality of life to position Wheat Ridge as a desirable place to live, work, recreate, and visit. Policies ELU 1.2 -Become a Regional Destination The City will promote the community's attributes, and showcase entrances and travel corridors to draw visitors and position the community as a regional destination. Strategies: A. Develop programs to enhance and highlight the city's main entrances (gateways) with landsca.ping and signage Goal ELU2: Attract Quality Retail Development and Actively Retain Existing Retailers to locate in Wheat Ridge Actively retain existing retailers and attract quality retail development. Wheat Ridge will proactively work with existing quality retailers to remain and thrive in Wheat Ridge, and encourage new businesses, particularly those that provide healt hy and high quality products and goods and services to locate in Wheat Ridge. In addition, the City will plan for future regional retail, community commercial, and neighborhood commercial centers and promote opportunities for niche and specialty businesses and districts. Policies: ELU 2.1 -Retain and Enhance Existing Retailers The City, in conjunction with its economic development partners, will work with existing quality retailers and businesses to remain and expand in Wheat Ridge so that goods are purchased locally and retail sales taxes are not lost to neighboring communities. Strat egies: C. Assist existing retailers with expansion plans or opportunities for local relocation 29 ELU 2.2 -Promote Specialty Retail Businesses The City, in partnership economic development partners, and the development and business communities, will work to establish and grow unique small businesses and niche business districts in areas identified as activity centers and along key corridors. Strategies: E. Work with local brokers and developers to identify and attract regional niche retailers for a potential location in Wheat Ridge. ELU 2.3-Rehabilitate Underutilized Retail Spaces Coordination and partnership between the City, economic development partners, and the development community to improve the appearance and function of outdated and inefficient retail spaces will re energue the community's primary corridors and key activity centers. Strategies: B. Encourage land assemblage and denser nodes of development within activity centers C. Partner with area economic development organizations D. Continue to work with local property owners on identifying opportunities for fa~ade and landscaping improvements and upgrades ELU 2.4 -Develop Regional Retail The City, economic development partners, and private developers will partner to develop the Regional Commercial Center west of 1-70 (including the Crossing at Clear Creek site) with a mix of regional retail anchors, smaller retailers, and secondary uses such as offices and hotel. B. Enter public I private partnerships and facilitate the use of tools such as Tax Increment Financing through an Urban Renewal Authority, special districts, and other tools to share infrastructure development costs; and C. Provide business start-up incentives and financing tools (such as Tax Increment Financing). Goal ELU3 -Retain and Diversify local Employment Wheat Ridge will foster a business climate that encourages expansion or creation of employment opportunities. Particular emphasis will be placed on growing the community's existing health care industry, redevelopment of the area surrounding the future FasT racks Gold line Transit Station, and allowing secondary employment opportunities in the Crossing at Clear Creek Regional Commercia l Center area. This business climate will require the retention of industrially zoned lands, and will place emphasis on new, high-quality employment opportunities in growing fields such as clean energy and biotechnology. Pol ides: ELU 3.1 -Retain and Expand Established Employers 30 The City and its economic development partners will work with the community's existing primary employers such as Exempla lutheran Hospital to maintain and grow operations to provide quality local jobs to residents. St rategies: A. Supply an adequate mix of housing in the community to create a "whole community" where residents can live and work; D. Work closely with local employers and business owners to address issues and retain them in Wheat Ridge; and E. Coordinate with employers to develop plans for future growth and expansion and help facilitate their plans through the City's development review process. ELU 3.2 -Generate New Primary Employment The City, in partnership with economic development and other business organizations, will recruit new primary employers to locate in Wheat Ridge, in order to provide quality jobs for the community's large residential base, and to draw employees into the city on a dally basis. Strategies: A. Market development sites within Enterprise Zone and Urban Renewal Authority areas B. Target medical-related facilities C. Work on a package of appropriate incentives and establish the criteria by which these incentives can be used Goal ELU4 -Increase the Diversity of land Uses Wheat Ridge will work to ensure that the limited future development and redevelopment areas provide increased opportunities for employment, retail, and commercial services, along new housing options, to achieve a sustainable and balanced mix of land uses for the community. Policies: ELU 4.1-Efficient Use of Umited land Because of the limited amount of land available for new development, the City will require efficient use of newly developing and redeveloping areas by promoting higher-intensity development. Priority areas for new development include the Crossing at Clear Creek site west of 1-70 and the future T.O.D. area north of 1-70 near Wa rd Road. Strategies: A. Emphasize mixed-use development in developing and redeveloping areas C. Prioritize areas for future subarea and corridor plans, and potentia l overlay districts to identify opportunities for property assemblage and efficient use of land 31 E. Seek to remove height and density limitations from the City Charter in targeted development and redevelopment locations and examine I rezone those areas as necessary to achieve goals Goal ELUS: Revitalize Key Redevelopment Areas Policies: ELU 5.1-lnfill and Redevelopment Many properties along Wheat Ridge's primary corridors and in activity centers are dated and underutilized. The City will work with partners and private developers to promote infill and redevelopment in key areas shown on the Structure Plan. Strategies: A. Provide financing tools and incentives (such as Tax Increment Financing in Urban Renewal Areas and Enterprise Zone tax credits) to jump-start redevelopment in underutilized areas B. Identify areas with potential for property assemblage (through future subarea and corridor plans) and provide assistance with assemblage C. Actively pursue grants and technical assistance in determining the existence of brownfields at key redevelopment locations D. Coordinate with all interested parties (property owners, adjacent property owners, and City) to plan and define the vision for future development on infill sites E. Identify areas for future overlay districts F. Enter public-private partnerships (between City government. developers, financial institutions, nonprofit organizations, and neighborhood organizations) to increase cooperation and development success ELU 5.2 -High Quality Redevelopment The City will require high quality urban design for all future infill and redevelopment, in order to ensure compatibility with surrounding neighborhoods, and to improve the overall appearance of the community's primary corridors and activity centers. Strategies: A. Assist with property assemblage to promote well coordinated, complete areas for redevelopment (not piecemeal properties) C. Identify areas for future subarea and corridor plans, and potential thematic-based overlay districts (to establish guidelines and standards to address suitable design and scale, variety and visual interest, and appropriate materials specific to each subarea or corridor) Goal ELU6: Establish Community Activity Centers and a Town Center Policies: ELU 6.1-Community Activity Centers 32 The City will guide development and redevelopment to occur in planned activity centers. A range of existing and proposed activity centers along major corridors will discourage strip commercial development by concentrating a mix of uses to serve as neighborhood and community destinations. Existing Community Activity Center locations • Youngfield at 38th Avenue (Community Commercial Center) • Sheridan at 38th Avenue (Community Commercial Center) • Wadsworth at 38th Avenue (Community Commercial Center) Future Community Activity Center locations Wadsworth between 38th and 44th Avenue (Town Center) • Crossing at Clear Creek site (Regional Commercial Center) • Future Gold line Transit Station Area (Employment/Commercial Center) Strategies: A. Partner with private property owners, economic development organizations, and developers to assemble parcels for redevelopment C. Encourage a mix of uses in activity centers (including multi-family residential and senior housing where appropriate) D. Provide multi-modal transportation connections and options to activity centers (especially bicycle and pedestrian connections) E. Coordinate development with established Urban Renewal Authority, Colorado Department of Transportation, and other regiona l plans ELU 6.2 -Town Center Development In collaboration with economic development partners and other organizations, the City will guide the development of a mixed-use Town Center, located along Wadsworth between 38th and 44th Avenues. Strategies: C. Provide multi-modal transportation connections and options to act ivity centers (especially bicycle and pedestrian connections) D. Enter public I private partnerships to assist with development funding and design E. Establish an appropriate package of incentives to help jump-start redevelopment S ·NEIGHBORHOODS AND HOUSING Page 54 Goal NH2: Increase Housing Options Policies: 33 NH 2.1-New Housing Types The City will direct the development of new housing types such as townhomes, condos/lofts, and senior living units (especially in Neighborhood Revitalization, Neighborhood Buffer and other mixed-use areas) to meet market demand. Strategies: B. Promote traditional neighborhood development with a variety of housing types (possibly including accessory dwelling units, multi-family, and senior housing units) as a component of infill I redevelopment sites Goal NH4: Stimulate Investment and Redevelopment in Neighborhood Buffer Areas Policies: NH 4.1 -Enhance Neighborhood Buffer Areas The City will coordinate and partner economic development partners, neighborhood groups, and private developers to initiate investment and redevelopment efforts in Neighborhood Buffer Areas. Strategies: A. Coordinate revitalization efforts within established Urban Renewal Authority areas and plans B. Enter public I private partnerships to improve or redevelop outdated multi-family properties C. Encourage and facilitate property assemblages to accommodate new small-scale mixed-use developments to provide transition between primary corridors and residential neighborhoods 6 -COMMUNITY CHARACTER AND DESIGN Pages 61 through 63 Policies Goal CC1 : Create Recognizable Gateways and Corridors Wheat Ridge will establish a clear identity that promotes a positive community image in primary community entrances ("gateways"). CC 1.1 -Gateway Identity In collaboration with economic development partners, private developers, and other groups, the City will improve primary gateways into the community (as shown on the Structure Plan) so that they project a positive, cohesive community identity and clear sense of place. Strategies: A. Develop signage and landscaping at gateways and along 1-70 that uses recent community branding efforts to "tell the Wheat Ridge story" (such as the themed gateway signage and streetscape on 38th Avenue near Sheridan) 34 B. Provide and maintain attractively landscaped areas at community entrances (such as the recent 1-70 and Kipling interchange improvements) CC 1.2 -Corridor Image The City will work with private developers, economic development partners, Colorado Department of Transportation and other organizations to enhance the image of the city's primary corridors (as identified on the Structure Plan). Strategies: B. Enter public I private partnerships to coordinate, fund, develop, and maintain streetscape improvements C. Continue the community sign code to ensure quality new signage along corridors and to encourage upgrades to existing non-conforming signage 7 -TRANSPORTATION Pages 79 through 83 Goal T 1: Provide an Integrated Transportation System to Address all Modes ofTravel and Future Funding Priorities Wheat Ridge will accommodate all modes of travel including motorists, pedestrians, bicycles, and transit riders. Policies: T 1.1-Targeted Improvement Areas The City will focus future investment for infrastructure improvements in targeted corridors and intersections, as identified on the Transportation Structure Plan. Strategies: A. Institute transportation improvements as activity centers and primary corridors develop and redevelop B. Use the improvements shown on the Transportation Structure Plan to establish key areas for each travel mode and capital improvement projects C. Establish criteria to identify neighborhoods that are not targeted areas for street or sidewalk enhancements T 1.2 -Improvements Funding The City will continue to invest in transportation infrastructure improvements and will seek opportunities to partner with regional, state, and national agencies to establish funding for key projects. Strategies: A. Seek to establish a new local funding source for pedestrian and bicycle system improvements 35 B. Work to establish a blend of local and matching funds for multi-modal improvements T 1.3-Complete Streets The City will coordinate with Colorado Department ofTransportation (COOT) to establish roadway design criteria that ensure safe, attractive, and comfortable access and travel for all users (also commonly referred to as "complete streets"). Strategies: A. Develop new road cross sections for principal corridors that meet the needs of all modes of transportation B. Revise development regulations to require new development to construct or enhance segments of pedestrian and bicycle systems C. Establish and require level of service standards for all travel modes D. Complete the Implementation Plan (Phase 2) of the Bike and Pedestrian Route Master Plan 8 -COMMMUNITY SERVICES Goal CS 4: Continue Coordination with Fire Districts and Utility Providers to Maintain Quality Service The City will continue to coordinate with utilities and fire districts to ma intain quality levels of service to existing customers and provide new services to areas where future growth will occur. Polic1es: CS 4.1 -Utility and Service Districts The Crty will continue to coordinate development and redevelopment activities with utility providers and service districts. Strategies: B. Develop and offer credits or mcentlves for development I redevelopment that reuses, establishes new connections to, or upgrades existing utility infrastructure. 10 -PLAN IMPLEMENTATION Pages 111 and 112 An Economic Development Strategy This Plan, and the process to develop it, has continually identified economic development of targeted redevelopment areas as a primary strategy for the City to accomplis h its livability, fiscal, image, and identity· related goa Is. Five Target Redevelopment Areas a. Crossing at Clear Creek (Cabela's) b. 38th Avenue "Main Street" c. Kipling Corridor 36 d. Wadsworth Corridor I Town Center e. Gold Line/Ward Road Station -Transit-Oriented Development (TOD) Short-and Long-Term Priorities The strategy should confirm, in discussion with policymakers and staff, short-and long-term priorities for redevelopment and geographic areas. For example, redevelopment priorities in the "target areas" should focus on the long-term desires as reflected in the Comprehensive and Sub-Area Plans, while in other commercial and industrial areas, the priority may be to minimize vacancies. Identify Appropriate Financial Tools Public agencies can employ a number of financing tools to finance public improvements. The special districts, authorities, and other tools described in the following table are a short list of financing tools that are applicable to the redevelopment of key areas in Wheat Ridge. Page 115, 117 and 118 Economic Strategies for Geographic Areas b. 38th Avenue "Main Street" Establishing a small locally oriented retail center at 38th Avenue is a high priority for residents of Wheat Ridge. Challenges include the perception that there is "no market," checkerboard zoning, the lack of funding for significant improvements, and land assembly. Initial action items are focused on market creation. Potential Financing Tools • Urban Renewal Area • Local Marketing District • Business Improvement District d. Wadsworth Corridor/ Town Center Background The Wadsworth Corridor between 38th and 44th Avenues has been identified as the preferred location for a Town Center that would have a small civic component such as a library, retail development, and places for public gathering. The URA owns the site just east of the 1st Bank at 44th and Wadsworth and has been working with public and private partners to foster its development. Redevelopment of the Wadsworth Corridor hinges on actions by COOT to widen and I or improve the road. Potential Financing Tools Specific parcels may require land write-down assistance, environmental remediation, and assistance with current property ownership. Other tools to encourage redevelopment in this corridor area are listed below. Their use will depend on the specific situation. • Metropolitan Districts • General Improvement Districts 37 • Urban Renewal Area • Special Improvement Districts • Public Improvement Fees • Use Tax Rebates e. Gold Une/Ward Road Station -Transit-Oriented Development (TOO) Site This site is seen as having longer term importance to the City; however, potential projects are not likely to materialize until after the commuter railllne is close to completion (Gold Line station estimated completion for 2016). Potential Public Financing Tools • Urban Renewal Authority • Metropolitan District • General Improvement District • Special Improvement District • Public Improvement Fee • Use Tax Rebates • Others for the Specific TOD Project 38 38th Avenue Corridor Plan, adopted 2011 (some excerpts grommoticolly edited) Those that are particularly relevant to potential actions within the Plan Area are bolded in blue. Pages 1 and 2 EXECUTIVE SUMMARY West 38th Avenue, between Sheridan and Wadsworth Boulevards, is a priority redevelopment area in Wheat Ridge. The City's comprehensive plan, Envision Wheat Ridge, identifies the corridor as one of five key redevelopment sites and designates 38th Avenue as the City's main street. Although many residents view 38th Avenue as the heart of the community, today it lacks the physical environment and economic vitality that is commonly associated with a main street corridor. The purpose of the 38th Avenue Corridor Plan is to establish a vision for 38th Avenue so that it can be revitalized into an attractive focal point for the community. Building on valuable input from stakeholders and the public at-large, the plan creates a vision for the future of the street. It establishes four guiding principles that set the framework for the plan's recommendations, which focus on transportation, land use, urban design, and economic development. Vision Statement The following statement captures the vision for what 38th Avenue will become in the next two decades: "West 38th Avenue between Sheridan and Wadsworth is a safe, vibrant and diverse corridor in Wheat Ridge with a strong identity and robust commercial and residential markets. The corridor has identifiable sub-districts with its Main Street being a source of community pride and a primary destination for city residents and visitors. In the year 2030, people of all ages and abilities live, work, learn, shop, and play along 38th Avenue." Sub-Districts Wadsworth Town Center The Wadsworth Town Center anchors the corridor at its western end. Building upon the City's adopted plans which envision a mixed-use town center on Wadsworth between 38th and 44th Avenues, this sub-district includes a mix of community and regional serving retail, offices, and residences. Improvements in the Area will serve as a gateway into Wheat Ridge's downtown and Main Street from the west. Main Street The vision for Main Street is a historic gathering place that integrates small shops, restaurants, and services at the ground floor with residences and office space on upper floors. This half-mile stretch of 38th Avenue will be easily walkable and attract a synergy of people and activities during the day and night. 39 Guiding Principles The input received during the visioning process led to the creation of four guiding principles that inform the plan recommendations. Identity · Redevelop 38th Avenue with a strong identity as Wheat Ridge's Main Street Vitality · Promote economic and real estate vitality and healthy living Appeal-Create an attractive, comfortable, inviting atmosphere Mobility -Develop a complete street that better accommodates pedestrians, cyclists, and transit riders while maintaining adequate vehicular access and parking Pages 5 through 8 1 ·INTRODUCTION 1.1-Study Area location West 38th Avenue is an important east-west corridor that runs the entire lengt h of Wheat Ridge. The focus of this plan is the portion of West 38th Avenue that falls between Sheridan Boulevard and Wadsworth Boulevard, which is about 1.5 miles rn length. The study area continues just west of Wadsworth Boulevard in order to capture the entire 38th Avenue and Wadsworth Boulevard mtersection. which is a gateway within Wheat Ridge and into the study area. To the east, the study area ends at Sheridan Boulevard, which is also the boundary between the city of Wheat Ridge and city and county of Denver. The study area extends roughly 600 feet to the north and south of 38th Avenue. 1.2 -Purpose ofthe Plan The purpose of the 38th Avenue Corridor Plan is to establish a vision for the future of 38th Avenue between Wadsworth and Sheridan Boulevards. This portion of the street is identified as a priority redevelopment area in the City's Comprehensive Plan and Economic Development Strategic Pran. Wheat Ridge 2020, another tmportant stakeholder given its office location on 38'h Avenue, has also identrfied 38th Avenue as a priority area and is committed to the revitalization of the corridor. 1.4 -Relationship to Other Plans There are several existing plans, studies, and guiding documents that se t the framework for the 38th Avenue Corridor Plan. 38th Avenue Corridor Redevelopment Plan (Urban Renewal Plan), adopted 2001 This plan, established an urban renewal area along 38th Avenue between Sheridan and Wadsworth, covers a maJority of the focus area. A major objective identified in this plan is to strengthen the identity of 38th Avenue as the city's main street with a human-scaled mix of uses. The proposed land use concept is to enhance neighborhood-and community-serving retail while preserving housing. This urban renewal plan also identifies redevelopment techntques that could be utilized such as demolition, land acquisition, redevelopment and rehabilitation. Financing tools identified in the plan 40 include revenue from property and sales tax increments, federal loans or grants, as well as bond issuances. Neighborhood Revitalization Strategy, adopted 2005 The Neighborhood Revitalization Strategy (NRS) focused on the repositioning of Wheat Ridge as a vibrant community by improving its housing stock and revitalizing its commercial corridors to attract higher-income households. Acknowledging demographic trends such as decreasing median household incomes, the NRS strongly urges the City to pursue policies and regulations that encourage investment in neighborhoods and redevelopment in commercial areas. The NRS recommends that the City and Wheat Ridge 2020 focus housing efforts on the east side of the city by increasing permissible densities and encouraging infill and rehabilitation of the existing housing stock. The NRS also specifically identifies 38th Avenue as one of four key commercial areas where the City should focus redevelopment efforts. Recommendations in the 38th Avenue Corridor Plan are consistent with the NRS. Envision Wheat Ridge Comprehensive Plan, adopted 2009 Envision Wheat Ridge is a city-wide plan that guides the future of the city. The plan identifies 38th Avenue between She ridan and Wadsworth Bouleva rds as a ''main street corridor" that is transit-and pedestrian-friendly. It recommends development of small-scale mixed-use infill and redevelopment projects focused primarily between Wadsworth Boulevard and Pierce Street, with additional nodes of development extending along 38th Avenue to Sheridan Boulevard, over time. Envision Wheat Ridge also identifies 38th Avenue as one of five priority redevelopment areas in the city and calls out several action items to facilitate its redevelopment, including: • Preparation of a 38th Avenue subarea I corridor plan • Form a public-private partnership with merchants and owners along the corridor to make the area attractive for private investment • Develop a streetscape plan • Facilitate creation of a Business Improvement District (BID) to maintain improvements (when appropriate) Recommendations in the 38th Avenue Corridor Plan coincide with the vision and recommendations in Envision Wheat Ridge, and have been adopted as an official amendment to the Comprehensive Plan. West 38th Avenue Community Revitalization Partnership Report, Prepared for Wheat Ridge 2020, 2009 This study, prepared by the Colorado Department of Local Affairs (DOLA) and Downtown Colorado, Inc. (DCI) was the result of a 3-day assessment of the 38th Avenue corridor between Wadsworth and Sheridan Boulevards by a multi-disciplinary assessment team. The assessment team evaluated strategies for revitalization of the street, focusing on land use, real estate, marketing and promotion, and urban design. This study recognizes existing aspects of the corridor that detract from its economic viability, including its auto-oriented form, outdated retail formats, and lack of a cohesive identity. The report includes 41 many recommendations to guide the revitalization of 38th Avenue, focusing on marketing and branding, redevelopment opportunities, and urban design. The report recommends the completion of a corridor plan and further study of a "road diet'' that serve to reduce travel lanes and create opportunities for on· street parking, improved sidewalks, and I or bicycle facilities. Bicycle and Pedestrian Master Plan, adopted 2010 This plan lays the framework for providing a more comprehenstve pedestrian and bicycle network throughout the city; and, identifies which streets In Wheat Rtdge need pedestrian and bicycle improvements, and discusses potential funding sources for implementing planned pedestrian and bicycle facilities. It proposes detached sidewalks with amenity zones on both sides of 38th Avenue between Sheridan and Wadsworth Boulevards, as well as a shared bicycle facility. Other proposed improvements within the study area include bike lanes on Pierce Street, a shared lane on Harlan Street, and a shared lane that starts on 38th Avenue at High Court and connects north to West 41st Avenue. Recommendations in the 38th Avenue Corridor Plan generally comply with the Bicycle and Pedestrian Master Plan. However, the Corridor Plan does not recommend adding bike facilities to the street. Bike lanes for 38th Avenue were cons1dered through public input during the planning process, but ultimately ruled out due to a lack of continuity with other east-west routes and high potential for cyclist I motorist conflicts. The Plan did recommend, though, amending the Bicycle and Pedestrian Master Plan to remove the proposed shared bicycle facility on 38th Avenue between Sheridan and Wadsworth Boulevards. Streetscape Design Manual, adopted 2011 This document establishes design standards for important corridors throughout the city. The document identifies 38th Avenue between Sheridan and Wadsworth Boulevards as a "priority corridor" and lays out design goals and standards intended to create a high-quality streetscape and pedestrian-friendly environment. The Manual requires improvements to the streetscape in front of a parcel on 38th Avenue, if the subject of new construction or expansion of existing buildings by more than SO percent. Required improvements include an 8-foot wide sidewalk and 6-foot wide amenity zone . If room withm the ex1sting right-of-way to make these Improvements does not exist, then the City may require an easement or right-of-way dedication. The Manual also contains requirements for regularly spaced street t rees, pedestrian lights, and other amen1t1es within an amenity zone. Requirements within the Manual do not apply to that portion of 38th Avenue between Sheridan Boulevard and Harlan Street that was subject to a City-funded streetscape improvement project in 2002. Recommendations included m the 38th Avenue Corridor Plan generally coincide with the Streetscape Design Manual. Pages 31 through 37 3-VISION Common desires expressed during the visioning process for 38th Avenue include: 42 • Improve the design and quality of the street. • Create a street that is safe and enjoyable for pedestrians, but that does not compromise other modes of travel, especially cars. • Draw a variety of re staurants, shops, and other services to the corridor so that it becomes a lively, attractive destination during the day and night. • Recognize the street as the heart of the community (its "main street") through improved design and a clear identity. • Encourage different districts or nodes along the 1.5 mile length of the street. • Improve connectivity to surrounding neighborhoods. 3.2-Sub-District s Wadsworth Town Center The Wadsworth Town Center anchors the corridor at its western end. Building upon the City's adopted Wadsworth Corridor Subarea Plan and Envision Wheat Ridge, which envisions a mixed-use town center on Wadsworth Boulevard between 38th and 44th Avenues, this sub-district includes a mix of community and regional serving retail, offices, and residences. It will serve as a gateway into Wheat Ridge's Downtown and Main Street from the west. The Wadsworth Town Center will draw larger-format higher- intensity retail uses that fit well on a regional arterial like Wadsworth Boulevard. This sub-district contains one of the major opportunity areas identified in the potential for change analysis, which is the 14-acre vacant lot and former car dealership at the southwest corner of 38th Avenue and Wadsworth Boulevard. This site could draw significant redevelopment that would help establish a quality gateway to the 38th Avenue corridor. Main Street The vision for Main Street is a historic gathering place that integrates small shops, restaurants, and services at the ground floor with residences and office space on upper floors. This half-mile stretch of 38th Avenue will be easily walkable and attract a synergy of people and activities during the day and night. The heart of Main Street Is between Vance and Pierce Streets. This area overlaps with one of the major opportunity areas also identified in the potentia/for change analysis. The eastern edge of Main Street extends to Newland Street so that it is anchored by Wheat Ridge lanes, a popular bowling alley on the east end, and encompasses a full one-half mile walking distance along the corridor. It is important to note that Main Street falls within the proposed Downtown area. Wheat Ridge has never had an official downtown, but main streets are typically found within the downtown of a community. Downtown Wheat Ridge will incorporate the Wadsworth Town Center and Main Street, recognizing the portion of 38th Avenue that has historically been the heart of the City. Identity -Redevelop 38th Avenue with a strong identity as Wheat Ridge's Main Street. • Design the street as a unique, pedestrian-oriented, safe, comfortable, and economically viable place that people go to repeatedly for an unparalleled experience. • Build and sustain support for the vision among public officials, corridor businesses, and area residents. 43 • Create four distinct districts -the Wadsworth Town Center, Main Street, the Residential District, and the Sheridan Commercial District. • Allow for a mix of uses throughout the corridor, with specific standards for each district. • Apply to each sub-district a unique, timeless, easily maintainable materials palette to each district with enough overlap among the palettes to convey a unified image. • Capitalite on existing and historic assets. • Provide adequate and consistent signage, wayfindmg, marketing materials, and streetscape amenities to brand 38th Avenue and its districts. • Continue to encourage architecturally appropriate building facade renovations as well as new infill development that supports a Main Street environment. • Create a branding strategy for the Main Street district. Vitality -Promote economic and real estate vitality and healthy living. • Develop a competitive marketplace that provides opportunities for local and national businesses, existing and new. • Create a vibrant place of commerce where people congregate. • Encourage local businesses to enliven the streetscape with outdoor seating and merchandise displays. • Implement short-term stimulant projects I improvements to spur long-term redevelopment. • Identify and consolidate land as necessary for large catalytic projects that will provide a substantial infusion of energy to the corridor and specifically to Main Street. • Provide opportunities for flexible use of the public realm for temporary events, such as street fairs and farmer's markets. • Encourage a diverse mix of land uses to create 18-hour activity. • Preserve and cultivate health-related uses within and near the corridor, through projects and events that promote Healthy Eating and Active Living (HEAL) among all members of the Wheat Ridge community. Examples include community gardens, farmers markets, mobile vending of healthy foods, family or youth bike rodeos, living Local I Living Well exhibitions or mini-fairs, summertime events in which the street is closed to cars, and/or temporary demonstration projects that show possible improvements to the street. • Encourage the formation of an entity to aggressively market the corridor. • Focus public and quasi-public uses such as a new library or City Hall to locate on or immediate to the corridor to provide a significant population to patronize local businesses. • Provide a predictable and clear regulatory process including mixed use zoning along 38th Avenue and regulations that support the Main Street district. • Retain and expand incentive p rograms (grants and loans) that stimulate private sector investment. Appeal -Create an attractive, comfortable, inviting atmosphere. • Implement pedestrian-oriented urban design strategies and regulations. • Create a consistent street edge with commercial buildings placed near or at the front lot line along 38th Avenue, especially within the Main Street Sub-district. 44 • Provide opportunities for casual social interaction by incorporating gathering spaces into the streetscape or via pocket plazas and park space. • Incorporate public art into the streetscape. • Generously provide landscaping via trees, planters, and hanging pots to provide visual appeal, protection from the elements, and a buffer from vehicular traffic. • Provide pedestrian lighting that results in a safe, welcoming nighttime environment. • Utilize high-quality materials that are relatively easy to maintain. • Provide routine maintenance to sustain a safe streetscape free of obstructions and ensure a high level of plant health, cleanliness, and repair. • Minimize the visual clutter of signage through new regulations or design standards. Mobility -Develop a complete street that better accommodates pedestrians, cyclists, and transit riders while maintaining adequate vehicular access and parking. • Reduce the number of vehicular travel lanes on 38th Avenue where feasible. • Consolidate and reduce curb cuts to minimize conflicts among pedestrians, bicyclists and motorists. • Embrace shared parking strategies and restrict off-street parking to the sides and backs of buildings along 38th Avenue. • Create an unobstructed walkway at least 6 feet wide that is detached from 38th Avenue with an amenity zone. • Clearly identify and improve pedestrian crossings across 38th Avenue as well as crossings along 38th Avenue from block to block. • Consider developing bulb-outs at feasible intersections to help further traffic calming, reduce the pedestrian crossing distance, and increase the visibility of pedestrians by motorists. • Provide adequate amenities as feasible, including benches, trash cans, pedestrian lighting, and bicycle racks. • Enhance visibility of and amenities at transit stops working closely with RTD. • Strengthen connections to the surrounding neighborhoods to encourage mobility for pedestrians, cyclists, and the disabled. • Strengthen connections to other non-vehicular networks, such as adjacent bike facilities, both e)(isting and planned. 4-PLAN RECOMMENDATIONS Pages 54 through 56 4.3 -LAND USE AND URBAN DESIGN Corridor-Wide Recommendation 4.3-2: Encourage quality, pedestrian-friendly architecture that places buildings close to the street. Guiding Principle: Identity 45 The identity of 38th Avenue depends on high-quality architecture. To promote a pedestrian-friendly street, buildings with active ground floors should be located close to the sidewalk. The City should implement new zoning • such as the Milced Use-Neighborhood zone district ·with design standards that will complement the vision for the corridor. Recommendation 4.3-S: Incorporate public gathering spaces into streetscape design and develop public spaces along the corridor. Guiding Principle: Appeal Public gathering spaces will enhance the image of the corridor, complement surrounding land uses and business, and provide opportunity for social interaction and enjoyment. The streetscape design, especially for Main Street, should include places to sit and gather. Public and private redevelopment on 38th Avenue should incorporate new public spaces such as pocket parks, plazas, and community gardens. Recommendation 4.3-6: Develop a parking strategy for the corridor that includes shared parking and parking reservoirs. Guiding Principle: Mobility As the corridor redevelops, the provision of adequate parking will be an important strategy. Since many parcels are small and may not be able to meet parking needs on-site, shared parking will be an important tool. The approach for parking on the corridor should include allowing and encouraging shared parking on private property, as well as identifying key parking reservoirs. In the short-term, existing parking lots such as the one in front of Wheat Ridge Middle School can provide parking for adjacent uses. As the corridor develops over the long-term, redevelopment plans should include parking reservoirs, especially parking garages. Strategic placement and successful usage of off-street parking reservoirs could partially reduce the need for on-street parking in some locations, thereby creating more room for other amenities on the street. Pages 56 through 59 Main Street Main Street is envisioned as the focal point of both downtown Wheat Ridge and 38th Avenue. As such, there are a few key land use and urban design recommendations specif1c to this sub-district. Recommendation 4.3-7: Design and build new streetscape improvements and gateway elements that create an attractive and consistent image for Main Street. Guiding Principle: Identity Gateway signs, vertical elements, and other enhancements that clearly mark entry into Main Street should be utilized at both the western and eastern ends of the district. Signage and streetscape design should be developed in conjunction with the branding I marketing strategy for Main Street in order to create a strong identity for this sub-district. The streetscape design for Main Street should include some common elements that link it to the rest of the corridor, as well as unique, enhanced features that distinguish it from the Residential and Sheridan Commercial sub-districts. 46 Recommendation 4.3-8: Encourage infill development with land uses, building placement, and architecture that supports a Main Street environment. Guiding Principle: Identity The proposed mixed use zoning for this sub-district should support a mix of uses and include design standards that promote a main street environment -encouraging the placement of buildings close to the street and quality, human-scaled architecture. Figure 23 is an illustrative plan of what Main Street could look like in the year 2030. It identifies opportunity sites for infill development that could be catalytic projects in both the short and long term. The new buildings shown would bring approximately 65,000 SF of new ground floor uses (retail or offices) and 56,000 square feet of new upper floor uses (office or residential) to Main Street. As discussed in more detail below, the development program for this sub-district also includes about 85,000 square feet of new public and quasi-public uses within a proposed civic center. Recommendation 4.3-9: Foster a new civic center on Main Street that includes public and quasi-public uses. Guiding Principle: Vitality Throughout the visioning process, many stakeholders mentioned the desire for public uses that would regularly draw residents to the corridor. A civic center would provide a focal point for Main Street and bring a significant number of employees and customers to 38th Avenue. The public uses would draw new activity to the corridor and create a large number of patrons for nearby businesses. As a long-term goal, the City should pursue the possibility to relocate city offices to the Main Street sub· district. This location contains underutilized parcels that could be assembled to support approximately 85,000 square feet of development, including a new City Hall, police station, and complementary civic uses. The civic center is adjacent to a proposed parking structure, which would provide a large parking reservoir for the center as well as for adjacent retail uses -both existing and proposed. The proposed civic center would build upon existing public uses in the area, including two schools and the Wheat Ridge Fire Station. Quality public spaces, such a park or plaza in front of the civic center and community gardens surrounding the school, would help link public uses to 38th Avenue. Public open space is a key component for the civic center since it would draw people to the corridor and provide opportunities for outdoor special events. The proposed community gardens surrounding the school could be pursued in the short term, while the rest of the civic center is a longer-term goal for Main Street. Wadsworth Town Center The Wadsworth Town Center forms an important gateway into Main Street and contains opportunity sites for new development. Recommendation 4.3-13: Encourage the redevelopment of the southwest corner of Wadsworth and 38th Avenue to create an attractive gateway for the corridor. Guiding Principle: Vitality 47 This site, about 14 acres in size, represents a significant opportunity for new development adjacent to the corridor. New Mixed Use-Commercial (MU-C) zoning recently adopted on Wadsworth should encourage a mix of uses and pedestrian-friendly design. Due to the site's size and visibility from Wadsworth, larger-format retailers and national chams would fit well. It makes sense to redevelop the site with this type of retail use, which will not compete with the boutique-type retail envisioned for 38th Avenue, as long as the design includes pedestrian connectivity and quality architecture. Ideally, new development at this site will be mixed use, with office and I or residential uses. in additton to retail. New residents at this location would support new businesses on 38th Avenue. Residential uses at the southern end of the site provide an important transition to the residential neighborhood to the south. Design of the corner of Wadsworth and 38th Avenue is especially important for creating an Inviting gateway into the Main Street sub-district. Recommendation 4.3-14: Improve pedestrian crossings at 38th Avenue across Wadsworth. Guiding Principle: Mobility Safer pedestrian access across Wadsworth could draw more people to 38th Avenue. Comfortable and safe crosswalks, including raised tables in turn pockets, would help to connect the corridor to new development on Wadsworth, to the Exempla-lutheran Campus, and to existing residential neighborhoods, all of which contain potential patrons for businesses on 38th Avenue. 48 Appendix 8: West End 38 Urban Renewal Plan City of Wheat Ridge, Colorado Legal Description and Supporting Illustration for the Urban Renewal Plan and Tax Increment Financing Area West End 38 U rbnn Renewnl Plnn (12.14.2015) 49 LEGAL DESCRIPTION FOR ZONELOT A PARCEL OF LAND LOCATED I TilE 'OUTIIEAST 1/4 OF ECTION 23. TOW SHIP 3 ·ouTH. RA GE 69 WE T OF THE 6m PRI CIPAL MERIDIA . A 0 T ilE ORTHEAST 1/4 OF ECTION 26. TOW SIIIP 3 ~OUTII, RANGE 69 WEST 01-Ti lE 6nl PRJ CIP L MERIDIAN CITY OF WHEATRIDGE. COUNTY OF JEFtER ON .• TATE Or COLORADO. BEING MORE PARTICU LARLY DESCRIBED AS FOLLOWS: COMMENCING AT TIIC SOUTH 1/4 CORNER OF SECTIO 23 FROM WHENCC TliE OUTHEA T COR ER Of A ID . ECTIO 23 BEAR: 89°38'24 .. E A Dl 'TA CE Of- 2633.65 FEET WITH ALL BEARI G HEREIN RELATI VE THERETO; T HENCL N 75°46'40 .. E A DISTANCE OF 542.64 FEET TO TilE POINT OF BEGINNING: THENCE 00°10'12" W. ALO G Tl IE WE T LINE OF A PARCEL OF LA D A DE, CR IBED I DEED Rt.CORDED IN JEFFER 0 COU TY RECORDl:R OFFICC U DER RECEPTIO UMBER F0050611 A 0 1 TANCE OF 200.55 FEET: THENCE N 89°38'12'' E. ALONG TilE ORTI I LINE OF AID PARCEL A Dl 'I ANCE OF 131.83 FL:El fO THE SOUTHWEST CORNER OF LOT I. C.·. ALLEN SUBDIVISION A RECORDED IN JEF FCR ·oN COUNTY RECORDER OFrtCI-NDER RCCEPTIO NUMBI:.R 20 I 0000090: THE CE 00°12'07'' ~.AI ONG THE\\ E T LINE OF A ID LOT I A DISTANCE Or I 19.99 FEET~ THENCE N 89°38'48" E. ALONG THE ORTlll INE Of A ID LOT I A DISTANCE OF 35-L09 FEET TO rHL CA T RIGI IT OF WAY L1 E or UPH AM TREET A . PER LA EME T DOCUMENT RECORDED IN JEFF ERSO COU TY RECORDER OFFICE UND ER RECEPTION NUMBER 9411 3597; THENCE 00°1 3'03'' E. ALONG SAID l:AST RIGIIT OF WI\ Y LINE A DISTANCE OF 483.0 I FEET ro n IE OUTH RIGIIT OF WAY LINE OF Wl:ST 38 111 AVENUC A. PER hASEMENT DOCl lMr 1 RCCORD ED I JCFTF.R. 0 CO TY Rl:.CORDER OFFICC NDER RECEP fiON IBER . 90086570. 90086575. 90086572 A D 90086573: THENCl:. S 89°38'24" W.ALONG A ID OUTH RIGIIT OF WAY LINE A Dl rA CE OF 354.42 FEEl: THE CEN00°II'I3"W.ADI TANCE0f·I62.65 FEETTOTHE 'OUTHLI EOfAPARCFL OF LA D A DE. C'R IBED I DEED RECO RDED I JEFFER 0 COUNTY RECORDERS O~FICE UNDER RECEPTIO N MBER r0050611A: THENCE , 89°34'48" W. ALONG A ID OUTH LINC A DISTANCE OF I 31.79 FEET TO THE POINT OF BEGINNING. CONTAI I G: 197.537 QU RE FEET OR 4.535 ACRE OF I AND. MORr: OR LE ... so ILLUSTRATION FOR ZONE LOT SJTIJA TED IN THE SE 1/4 SE(IION 23 & NE I /4 SECTION 26. T3S. R69W. OF THE 6TI I P.M. CITY OF WHEATRJOGE. COUNTY OF JEFFERSON. Sl'ATE OF COLORADO 3 LOT 11. II.DCIC 1, j..._ • ~T IIDGE ~ F1IST A.-0 (]) M:C. NO. rot !l62a7 -()') liDO~ aw. ~ ai 01NJt ~TNDCIE oaA • ~TNDCIE oaA U.C 0 ::: 3 "Nin _.-1{) o · •o g N 0 z N89'38'12"E 131 .83' 0 z / POINT OF BEGINNING S89'34' 48"W 1/ /131.79' VICINITY MAP 1" .. 1 ~ILE W 4411-i AVE W 38TH AVE ~ ~sm: ...J t-m (I) ~ ~ W 32tiD AVE. i < --(I) :r 0 < ~ IDT 2, E.S. N..I.£N SJalMSIQI M:C. NO. 20100000110 31110 u.otwl ST: 011110:: 3815 u.otwl I'IIOI'OrnES u.c N89'38' 48"E 354.09' ~--------------~+ w ;.-, .. ZONE LOT 197.537 SO. FT., OR 4.535 ACRES ± 100 0.-. 0 1"'),.-) i!X) O .;t 0 Vl GRAPHIC SCALE IN US SURVEY FEET ) 1 inch = 100 ft. 200 ll·IIS ILLUS1RA110N DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATIACHED DESCRIPTION. PREPARED BY: FALCON SURVEYING, INC., 9940 WEST 25TH AVE, LAKEWOOD CO 80215 (303 202-1560 51 West End 38 Conditions Survey City of Wheat Ridge, Colorado Surveyed October 2015 and Submitted November 2015 Prepared for: Renewal Wheat Ridge Wheat Ridge City Council Prepared by: RickeriCunningham 8200 South Quebec Street, Suite A3-104 Centennial, CO 80112 303.458.5800 phone 303.458.5420 fax www.rickercunningham.com Attachment 2 West End 38 Conditions Survey City of Wheat Ridge, Colorado Table of Contents Section 1.0 Introduction Section 2.0 Definition of Blight Section 3.0 Study Methodology Section 4.0 Survey Area History Section 5.0 Summary of Findings Section 6.0 Summary of Factors Figures Figure 1: Conditions Survey Area Boundaries Figure 2: Location of Sites Under Review by the EPA Tables Table 1: West End 38 Survey Area, Property Ownership Table 2: Criminal Incidents, 2010 to 2014 2 4 6 10 11 16 1 West End 38 Conditions Survey City of Wheat Ridge, Colorado 1.0 Introduction The following report, the West End 38 Condffions Survey (the "Survey") was prepared for Renewal Wheat Ridge (the "Authority") and the City of Wheat Ridge City Council (the "City") in October 2015. The purpose of this work was to analyze conditions within a defined Survey Area (also referred to here as "the Survey Area" or "Area") located within the City of Wheat Ridge and Jefferson County, Colorado, in order to determine whether factors contributing to blight are present and whether the Area may, therefore, be considered eligible as an urban renewal area under the provisions of the Colorado Urban Renewal Law (the "Law" or "Statute"). The Survey Area includes four (4) legal parcels and right·of-way area, comprising approximately 4.535 acres and located at the northwest corner of west 38'h Avenue and Upham Street in the city of Wheat Ridge. As illustrated in Envision Wheat Ridge, the city's Comprehensive Plan, approved by the City Council in October 2009, the Area is designated as a Mixed-Use Commercial Area, which will, over the long-term receive "infill and redevelopment investment, with a high quality urban design and landscapin& on vacant or underutilized properties'' and as a Main Street Corridor, encouraging "small-scale mixed-use infill and redevelopment activities." The Area currently contains two vacant residential structures along 38th Avenue, a vacant auto repair building located adjacent to Upham Stre~t. and a Vectra Bank building along its western edge. Flgure 1 on the following page illustrates the extent of the Survey Area and its relationship to surrounding development and roadways. As explained above, this West End 38 Conditions Survey represents a necessary step in the determination of blight and establishment of an urban renewal area for the purpose of mit igating and eliminating adverse conditions that are delaying or preventing investment within its boundaries. It is also an important step in advancing community goals set out in the City's comprehensive planning documents, specifically related to infill development, redevelopment and commercial corridor revitalization. ..... ~ ..... - Rocbr ,Cunn,ngham Figure 1: Conditions Survey Area Boundaries -West End 38 0 100 -c::::..::::::J F"' 110 0 West End 38 Urban Renewal Plan Boundary -West End 38 Urban Renewal Plan Parcels "' ~ g I ,; ~ Nl; c 3 2.0 Definitjon of Blight A determination of blight is a cumulative conclusion based on the presence of several factors (physical, market, and other) defined by state law. In reality, it is not just their presence that contributes to the deterioration of an area, but rather the multiplicative impacts that tend to bleed beyond individual parcel boundaries to the rest of the community. For purposes of this Survey, the definition of a blighted area is the same as that provided in the Colorado Urban Renewal Law which reads as follows; "Blighted area" means on area that, in its present condition and use and, by reason of the presence of at least four of the following factors, substantially Impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes on economic or social liability, and is a menace to the public health, sofet~ morals, or welfare: (a) Slum, deteriorated, or deteriorating structures; (b) Predominance of defective or inadequate street layout; (c) Faulty lot layout In relation to size, odequocy, accessibility, or usefulness; (d) Unsanitary or unsafe conditions; (e) Deterioration of site or other improvements; (f) Unusual topography or Inadequate public improvements or utilities,· (g) Defective or unusual conditions of title rendering the title non- marketable; (h) Existence of conditions that endanger life or property by [ire or other causes; (i) Buildings that ore unsafe or unhealthy for persons to live or work fn because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities; lj) Environmental contamination of buildings or property; (k.5) Existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutllizotion or vacancy of sites, buildings, or other improvements; (I) If there is no objection of such property owner or owners and the tenant or tenants of such owner or owners, if any, to the inclusion of such property in on urban renewal area, "blighted area" a/sa means an area that, in its present condition and use and, by reason of the presence of any one of the factors specified in paragraphs (a) to (k.5) of this subsection (2), substantially impairs or arrests the sound growth of the 4 municipality, retards the provision of housing accommodations, or constitutes on economic or social liability, and is a menace to the public health, safety, morals or welfare. For purposes of this paragraph (1), the fact that on owner of on interest in such property does not object to che inclusion of such property In the urban renewal area does not mean thor che owner has waived any rights of such owner in connection with lows governing condemnation. Source: Colorado Revised Scotvte 31 -25-103{2). While the conclusion of whether an area constitutes a legally "blighted area" is a determination left to municipalleg1slative bodies, this Survey provides detailed documentation of the aforementioned physical. environmental and social factors as they exist within the boundaries defined herein. Note; It js not legally necessarv for every factor to be present jo an area in orCW. for it to be copstdered "blighted". In addjqon. a gtyen factor peed oat be presegt on each and everv oarcel or struct!![tl.o be counted. buW.lher. only needs to be present somewhere in the area as a whole. In other words, the presence of one or more well-maintained, non-blighted buildings or parcels does not necessanly preclude a finding of bl1ght for the area in whtch blighting factors are present1. Rather, an area qualifies as blighted when fovr or more factors are present (or five factors, in cases where the use of eminent domain 1s ant1cipated). As explained 1n item (I) above, th1s threshold may be reduced to the presence of one blighting factor in cases where no owners of property or other business interest within Its boundaries objects to inclusion in an urban renewal area, as is the case here. This Factor {I) applies in this instance, whereas the Area's primary owner, and other owners and interests, do not object to inclusion in an urban renewal area. Despite the statutorily allowable lower threshold (presence of one factor), every effort was made to ldent1fy all factors that are present and impacting the Area. With this understanding, the West End 38 Conditions Survey presents an overview of factors within the Survey Area sufficient to make a determination of blight. Section 5.0 (Summary of Findings). specifically, provides conclusions regarding the presence of qualifying conditions in the Survey Area; however, the Wheat Ridge City Council will make the final determination as to whether the Area constitutes a "blighted area" under the Colorado Urban Renewal Law 1 While not tlearJy addressed in Colorado Urban Renewal law, this Interpretation has been favored by the tourts. 5 3.0 Study Methodology RickeriCunningham personnel conducted field investigations during October 2015 for the purpose of documenting conditions within the categories of blight listed above and described in greater detail below. Pertinent Geographic Information Systems (GIS) data from the City of Wheat Ridge was obtained and subsequently analyzed; and, discussions with City of Wheat Ridge Staff conducted, along with various other technical sources; of which the collective results of these efforts afe discussed herein. Whereas the 11 factors listed in the Urban Renewal law (see Section 2.0 of this report and below) contain few specific details or quantitative benchmarks to guide the conditions survey process, RickeriCunningham has developed a checklist of more specific categories of blighting conditions within each statutory factor to aid in their identification and characterization. This checklist has been used in nearly 80 urban renewal conditions surveys for more than 40 communities in Colorado and the Southern and Western United States. (a) Slum, deteriorated, or deteriorating structures This factor is said to be present when the physical condition of structures in the area present specific life-safety concerns. Sub-categories include deterioration or absence of the following: • Roof • Walls fascia board and soffit • Foundation • Gutters and downspouts • Exterior finish • Windows and doors • Stairways and fire escapes • Mechanical equipment • loading areas • Fences, walls and gates • Other non-primary structures 6 (b) Predominance of defective or inadequate street layout This factor is said to be present when the layout (or non-existence) of streets or roads creates problems for health, safety, welfare or sound development. Sub-categories include inadequate or elevated: • Vehicular access • Internal circulation • Driveway definitions and curb cut s • Parking layout • Traffic accident history (c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness This factor is said to be present when lot size or configuration mhibits or is likely to inhibit sound development. Sub-categories include inadequate or unsafe: • Lot shape or layout • Vehicular access -parcels with poor access are usually found to have both category (b) and (c) present • Lot size (d) Unsanitary or unsafe conditions This factor is said to be present when safety hazards and cond itions are likely to have adverse effects on the health or welfare of persons in the area due to problems with a lack of infrastructure. Sub-categories include the presence of: • Poorly lit or unlit areas • Cracked or uneven sidewalks • Hazardous contaminants • Poor drainage • Flood hazards • Steep slopes • Unscreened trash or mechanical equipment • Pedestrian safety issues • High cnme incidence • Lack of fire protection 7 • Vagrants, vandalism and graffiti (e) Deterioration of site or other improvements This factor is related to factor (a), and said to be present when land and/or structures have been either damaged or neglected. Sub-categories include the presence of, deteriorating or lack of: • Billboards • Signage • Poorly maintained properties, streets. and other public improvements • Trash. debris and weeds • Parking surfaces, curbs and gutters • Landscaping (f) Unusual topography or inadequate public improvements or utilities This factor represents the combination of two formerly separate factors. To that end, it is said to be present when the topography is incompatible with development (hilly, sloped, etc.) or properties are lacking complete public infrastructure. Sub-categories include the presence of, deteriorating or lack of: • Slopes or unusual terrain • Street pavement • Curb and gutter • Street lighting • Overhead utilities • Sidewalks • Roads • Water and sewer service • Storm water quality and drainage improvement.> (g) Defective or unusual conditions of title rendering the title non-marketable This factor is said to be present when there are problems with the marketability of property titles, including unusual restrictions, unclear ownership, etc. Due to the expense 8 of title searches, this blight factor is typically not exammed unless developers or land owners provide documentation of known problematiC title fssues. (No sub-categories). (h) Existence of conditions that endanger life or property by fire or other causes This factor is said to be present when site and I or building maintenance or use 1ssues exist that may threaten site users. This factor also includes potential threats from fire or other causes. Sub-categories Include the presence of: • Fire safety problems • Hazardous contaminants • High frequency of crime • Floodplain and flood hazards (i) Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidations, deterioration, defective design, physical construction, or faulty or inadequate facilities This factor is said to be present when primary improvements, specifically those described in the context of factors (a) and (d) above, as well as property, poses a danger to the extent that habitation and/or daily use is considered unsafe. Sub-categories include the presence or lack of: • Hazardous contaminants • Fire safety infrastructure • Unsafe building facilities • All of the factors listed under (h) above U) Environmental contamination of buildings or property This factor is said to be present when there exist threats from chemical or biological contamination. Un like category (i) above, this factor can be said to exist even when such contaminat ion does not pose a direct health hazard, so long as it causes other problems (i.e. inhibits development). Sub-categories include the presence of: • Hazardous contaminants 9 (k.S) Existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements This factor is said to be present when properties or their improvements are underutilized; or, there is a disproportionate amount of public service being provided. For instance, properties generating frequent calls for police or fire service or code enforcement often require more than their share of services. Sub-categories include the presence of: • High frequency of fire calls • High crime incidence • Site and building underutilization • All of the factors listed under (d) and (h) above 4.0 Survey Area Description and Project Concept The Survey Area includes four (4) legal pa rcels and right-of-way area, comprising approximately 4.535 acres and located at the northwest corner of West 38th Avenue and Upham Street in the City of Wheat Ridge, Colorado. As illustrated in Table 1, the parcels are owned by two entities - Olive Street Development Co, LLC and Wadsworth Building Corporation (Vectra Bank Colorado) - -and are zoned M ixed-Use Commercial (MU-C). As shown in the Envision Wheat Ridge Comprehensive Plan, the Area is designated as a Mixed-Use Commercia l Area, "focusing on long-term infill and redevelopment, reinvestment and high quality urban design and landscaping for vacant or underutilized properties" and as a Main Street Corridor, encouraging "small-scale mixed-use infill and redevelopment activities." Table 1 West End 38 Survey Property Ownership Parcel Number Property Ownership 39-234-00-086 Wadsworth Building Corporation 39-234-00-088 Olive Street Development Co, LLC 39-234-00-089 Olive Street Development Co, LLC 39-234-04-030 Olive Street Development Co, LLC City of Wheat Ridge Right of Way Total: Source: Jefferson County Assessor Land Area %of Area 57,150 sf 28.93% 12,325 sf 6.24% 53,840 sf 27.26% 36,491.5 sf 18.47% 37,730.5 sf 19.1% 197,537 square feet or 4.535 acres 10 5.0 Summary of Findings The presence of blight that " ... substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes on economic or social liability, and is a menace to the public health, safety, morals, or welfare ... " [Colorado Revised Statute 31-25-103(2)) It is the conclusion of this report that, within the Survey Area, there are physical conditions sufficient to meet criteria established in the Act as "blighting factors.'' Specifically, nine of the possible 11 blight factors were found to be present including: b) predominance of defective or inadequate street layout; c) faulty lot layout in relation to size, adequacy, accesstbility, or usefulness; d) unsa nitary or unsafe conditions; e) deterioration of site or other improvements; f) unusual topography or inadequate public improvements or utilities; (h) existence of conditions that endanger life or property by fire or other causes; (i) buildings that are unsafe or unhealthy for persons to live or work in; (j) environmental contamination of buildings or property; and (k.S) substantial physical underuttli2ation or vacancy of sites, buildings, or other tmprovements. Each of these is described in greater detail below. (b) Predominance of defect ive or inadequate street layout Predominance of defective or inadequate st reet layout can be considered present when: existing roads, either serving or within an area, are insuffictent to meet the current or future needs (based on zoning) of land uses (capacity) within an area when developed or redeveloped; there are no roads serving the area; or, roads that are in place are deteriorating or substandard. Note: "Substandard'' is a definition based on established municipal standards. Whereas there are no roadway improvements within the Area making internal circulation impossible, Factor b Is considered present for this reason alone. However, there are addttlonal conditions associated with Factor b that also impact the Area. For instance, curbs and gutters along existing roadways are inconsistent, as are improvements for non-vehicular movement including sidewalks, lighting, and bicycle lanes . 11 An additional condition considered in the context of this factor is the frequency of traffic: incidents in and around the Area. As noted In the Envision Wheat Ridge Comprehensive Plan, the 38111 and Wadsworth interchange, just three blocks west of the Survey Area, is the third highest traffic accident location in the City. (c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness Because faulty streets often produce faulty lots, particularly when they impact vehicular access, properties within the Survey Area that suffer from conditions associated with Factor b also suffer from Facto!' c for the reasons explained above. Further, the severity of their impact is different for commercial versus residential properties. For instance, commercial properties that lack access and visibility are at a significant competitive disadvantage to those with these characteristics, In fact, in some cases, a lack of either or both can render a property with limited or no value. Similarly, commercial properties that are too small to accommodate necessary levels of parking also suffer from a competitive disadvantage. While the Area's shape and size are not a detriment to redevelopment, since it is envisioned to develop with a mix of residentia l and commercial uses, its current lack of access is a significant detriment for future commercial uses. While less impactful for future residential uses, Its lack of non-vehicular accommodations and connections to adjacent commercial and employment concentrations presents a challenge for this product type. (d) Unsanitary or unsafe conditions Factors t hat were identified contributing to unsafe conditions within and surrounding the Survey Area included insufficient improvements for non-vehicular and vehicular movement due to ill-defined access points, as explained under Factors band c above. Experience has shown that a lack of certain types of infrastructure, particularly t hose that support safe vehicular and non-vehicular movement, can render properties vulnerable to unlawful activity. Table 2 summarizes information provided by the City of Wheat Ridge Police Department for the period 2010 to 2014, within the 38111 Avenue Corridor, where the Area Is located. As shown, the Area has seen an average number of criminal 12 incidents of 399 per year, or approximately 4.4 percent of all incidents within the City and the highest of all designated redevelopment areas within the City during the same timeframe. Among the average annual399 incidents, approximately 43 percent were property crimes, 23 percent were suspicious activity; 18 percent were disturbances; and 9 percent classified as crimes against persons. Table 2 Criminal Incidents, 2010 to 2014 West End 38 and City-Wide 111.11 Aw""" Conidot TW!If of tnaclcnt IIIlO IOU Antl'1'tll Ctuehv 1 & Dtlt\.ltbif\U' 41 73 O•ui>)Aicot.ol 7 I PtBO-"'· Crimr 30 3t Po4•cw A.ulst ll 14 ProD~tnyC.ff'l'\e ZOI 192 Sutpoaout ACIIYIIy 92 8S Wta.ooru Offtns. 0 l Toul liS w tlty·Wido lrwt of 11\Cid•nt lOIO 20U lrwmt1 Ctuell"; 140 160 Otuurt..nu 2.~ l.:!Cb Of~<CJ/Altollol 173 240 P~tn.oniCnm. 1.07S 1.141 PoJICit A.n1tt 449 ol44 Prop-trtVCAtmtt 2.411 2,SS9 SYipldold Actlw!IV 2,:116 144 Wet-pon' OffttU• 61 .u , ... a,m t.US Source: Wheat Ridge Police Department ,., .. ,....,._ lOU lDIJ lOI& ~~ lUITot.ol """"'~'~ ~ 9 ' ' 16" CZO, 10 86 7S 11 179' 31~ 10 8 10 a l!' .. ,. l& 36 2ll 14 !6". ~~' 14 zo g 14 J6 ! 1" 1S4 105 In 173 H ... '"" • eg 1110 91 U1". 3."" 0 1 2 1 OJ<o 2l"'i -m ... ~ J.llO.CII6 .. ~ TOUIIIICid<tnl> lOU lOll 2014 5-"11"-· 140 146 w 1S4 1.)66 1..191 ; 173 2.298 In t51 zoo 192 l.lm 1,021. 'N6 L062 .., 4<11 Jl'i 440 2.775 2.703 l.SCll 2,590 2.~67 U03 2.661 7.J80 • •s • ~~ f,)g , .. UJD U61 This factor also considers the presence of hazardous contaminants, sufficient to require costly remediation. As reflected in Figure 2, there are three (3) si tes and /or facilities that are included in the database for the Environmental Protection Agency (EPA) and noted as sites under review. Given their adjacency to the Survey Area and potential impact on properties within its boundary, this factor is considered to be present. (e) Deterioration of site or other improvements In the context of developed properties, this factor generally considers the absence or condition of parking, landscaping, and signage largely based on expectations based on their zoning. Within the Survey Area, there are numerous instances of 13 Figure 2: Location of Sites Under Review by the EPA 0 Ill 100 -C:::..IC::JFMI 0 West End 38 Urban Renewal Plan Boundary ~ West End 38 Urban Renewal Plan Parcels "' ~ g j f ... N l~ e Sites Subject to EPA Regulation 14 parking surface deterioration, lack of landscaping, presence of weeds (neglect), and substandard signage (not to municipal code). (f) Unusual topography or Inadequate public improvements or utilities Parcels within the Study Area are relatively level, therefore there are no significant grade changes. However, infrastructure improvements within its boundaries are both inadequate and absent. Curb and gutter is inconsistent along 38th Avenue and does not exist on Upham Street. An existing driveway into the Survey Area is not improved. In addition, overhead utilities are present along Upham Street. While their presence Is allowed and not unusual on and within munic1pal parcels and along transportation corridors, they are considered a visual and functional condition wh1ch contributes to blight. In terms of the street Infrastructure surrounding the Area, while capable of supporting redevelopment of the subject parcels, curb and gutter, sidewalk and lighting infrastructure is inconsistent and will require improvement with redevelopment of the parcels. (h) Existence of conditions that endanger life or property by fire or other causes The presence of conditions that endanger properties within the Area have been discussed previously in the context of Factor (d) ... unsanitary or unsafe conditions, specifically related to: a lack of site and I or building maintenance; msufficient infrastructure to allow for safe movement and use; environmental threats such as flood zones and contamination; and, a lack of protective equipment from fires and other causes (i) Buildings that are unsafe or unhealthy for persons to live or work in The presence of unsafe buildings ls discussed above in the context of Factor (d) ... unsanitary conditions specifically related to a lack of infrastructure to protect 15 structures from fire. However, other threats to persons within buildings include adverse conditions addressed throughout this Section 5.0 and summarized in conjunction with the presence of Factor (h) above. (j) Environmental contamination of buildings or property Based on review of information available by the EPA, three (3) parcels located near the Survey Area have conditions present that are either under review or being monitored by their organization. Specific conditions considered in the context of this Factor Ul include those primarily associated with chemical and I or biological contamination. Unlike Factor (i) above, this factor can be said to exist even when the contamination does not necessarily pose a direct health hazard, but rather creates other obstacles (including financial) to property investment or reinvestment. (k.S) Existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements Although the urban renewal law defines this factor as including either high levels of municipal services or underutilization or vacancy, this Factor k.S is considered present within the Survey Area due to the fact that a disproportionately high level of criminal incidents have been identified in the Area, and buildings within its boundaries are vacant and properties underutilized. While vacancies among properties within a municipality are not unusual, in this instance, the fact that the single commercial structure within Its boundaries has only one tenant, Vectra Bank, while the remainder of inline spaces are vacant, despite higher occupancy rates among properties su rrounding the Area, thereby supporting a reasonable expectation of occupancy levels equal to those of comparable projects in the vicinity of the Area. 6.0 Summary of Factors As explained earlier in this report, it is not legally necessary for every factor to be 16 present in an area in order for it to be considered "blighted". In addition, a given factor need not be present on each and every parcel or structure within an area to be counted, but rather, only needs to be present somewhere in the area as a whole. As shown, nine (9) of the 11 possible factors were found, to some extent, within the Survey Area. Additionally, all nine factors were present to a degree that appeared likely to have a significantly negative impact on the public's safety and welfare and impede the ability for sound growth and development. 17 ~ ' . -~ .. p Crly of JP'Wlieat:~dge ITEM NO:~ DATE: December 14,2015 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 53-2015 -A RESOLUTION APPROVING A NON-SUBSTANTIAL MODIFICATION TO THE WHEAT RIDGE TOWN CENTER PROJECT URBAN RENEWAL PLAN D PUBLIC HEARING D BIDS/MOTIONS (8] RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2No READING QUASI-JUDICIAL: D YES [8] NO ~ ISSUE: On December 14, 2015. City Council will take action on a resolution considering the West End 38 Urban Renewal Plan. TI1e 4.5 acres included in the proposed West End 38 Plan area are currently located in the Town Center Urban Renewal Plan area. The Town Center Plan is over 30 years old and has already utilized tax increment fi nancing (TTF) for a 25-year cycle. A proposed redevelopment project has been submitted to Renewal Wheat Ridge (RWR) for the 4.5-acre site. In order to facilitate that redevelopment, staff is requesting that the 4.5 acres be removed from the Town Center Plan and included in the West End 38 Plan. TI:Us action is considered a non- substantial modification to the Town Center Plan and only requires City Council action by adoption of a resolution. PRIOR ACTION: City Council approved the Town Center Plan on December 14 1981 and it has been amended three times. FINANCIAL lMPACT: The non-substantial modification will have no fi nancial impact to the City's budget but could provide tor future redevelopment opportunities that could further the City's economic goals. Town Center URA Plan December 14. 2015 Page2 BACKG RO UN D: The West End 38 Plan is being created to remediate blight through a redevelopment project being proposed by West End 38. LLC. The redevelopment will create approximately 1 SO units of market-rate apartments. approximately 11,000 sq. ft. of retail. and structured parking to accommodate resident and customer parking. The primary reason to remove Lbis propeti y from the Town Center Plan is because tbjs property was previously utilized for a tax increment financing (TIF) activity in the early 1980·s. This activity created the roadway between tbe Safeway and Ross/Big Lots shopp·ing centers and the construction of Town Center Park adjacent to the roadway improvements. Statute dictates that a plan area cannot util ize TlF more than once. By removal of the property rrom the Town Center Plan and creating the new West End Plan will allow for a new Tlf agreement to be enacted. The removal of lhe property is considered a non-substantial modifi cation to the Town Center Plan. A non-substantial modification req uires the City Council to adopt a reso lution approving this action. RECOl\ll\1ENDATJONS: Staff recommends that Counci l approve resolution 53-2015 regarding the Town Center Plan for the f(>llowing reasons: • The resolution will allow tor the tacilitation of the West End 38 project which will add I SO new. market-rate apartments. L l ,000 sq. tl. of new ret ail and structu red parking on Ridge at 38; and • The request is consistent with many of the values, goals, and strategies stated in the Comprehensive Plan and the 381h A venue Conidor Plan: and • The resolu tion will fac ilitate the redevelopment of a blighted area and help stimulate !:,'fOwth in jobs. sales tax, an d aesthetic appeal of the community. RECOMMENDED MOTION: "I move to approve resoluti on No. 53-20 I 5 a resolution approvmg a non-substantial modification to the Wheat Ridge Town Center Project Urban Renewal Plan.H Or. ''I move to table indefinitely Reso lution No. 53-2015 for the following reason(s) " REPORT PREPARED/REVIEWED BY: Steve Art~ Urban Renewal Manager Patrick Goff, City Manager ATTACHMENTS: l. Resolution No. 53-20 15 ------ TITLE: CJTY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 53 Series of 2015 A RESOLUTION APPROVING A NON-SUBSTANTIAL MODIFICATION TO THE WHEAT RIDGE TOWN CENTER PROJECT URBAN RENEWAL PLAN WHEREAS. the Wheat Ridge Town Center Project Urban Renewal Plan (the "Plan") has previously been approved by the City Council of the City of Wheat Ridge, pursuant to Part 1 of Article 25 of Title 31, C.R.S.~ WHEREAS. the City Council desires to remove certain properties from the Wheat Rjdge Town Center Project Urban Renewal Plan Area, which properties are intended to be included in a new Plan Area known as the West End 38 Urban Renewal Plan Area, which properties are more particularly described in Exhibit A , attached hereto and incorporated herein by thjs reference (the ''Deleted Properties'')· and WHEREAS, the City Council further determines that in the absence of any impacts to outstandi11g obligations within the Wheat Ridge Town Center Project Urban Renewal Plan Area, the removal of the properties as set fort11 herein is not a substantial modification to the Plan within the meaning of C. R.S. § 31-25-1 07(7). NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council. that: Section 1. The City Council J1ereby finds that the moilification to remove certain properties from the Wheat Ridge Town Center Project Urban Renewal Plan Area is not a substantial modification of the Plan. pursuant to C.R.S. § 31-25-107(7). because the removaJ of the Deleted Properties does not substantiall y modify the overall land area~ land use. design. building requ irements, timing. or procedure of the originally adopted Plan. Section 2. The City Cow1cil therefore approves the non-substantial modification to the Wheat Ridge Town Center Project Urban RenewaJ Plan Area. From and after the date of adoption of this Resolution. the real property described within the Wheat Ridge Town Center Project Urban Renewal Plan Area. shall, for all purposes, be modi .fied by the deletion of t11e properties set forth in Exhibit A. DONE AND RESOLVED this 14L11 day ofDecember. 2015. Joyce Jay) Mayor ATTEST: Janelle Shaver. City Clerk Attachment 1 Exh ibit A LEGAL DESCRIPTION FOR ZONELOT A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECT ION 23, TOWNSHIP 3 SOUTH. RA NGE 69 WE T OF THE 6111 PRINCIPAL MERIDIAN. AND THE NORTHEAST 1/4 OF SECTION 26. TOWNSHIP 3 SOUTH. RANGE 69 WEST OF THE 6111 PRINCIPAL MER IDI AN CITY OF WHEATR IDGE. COUNTY OF JEFFERSON. STATE OF COL ORADO. BEfNG MORE PARTICULARLY DESCR IBED AS FOLLOWS: COMMENCING AT TH E SOUTH 1/4 CORNER OF SECT ION 23 FROM WHENCE THE SOUTHEAST CORNER OF SA ID SECTIO 23 BEARS N 89°38'24'' E A DISTANCE OF 2633.65 FEET WITH ALL BEARINGS HEREIN RELATIVE THERETO; THENCE N 75°46'40 .. E A DISTANCE OF 542.64 FEET TO THE POINT OF BEGINNING; THENCE N 00°10'12" W, ALONG THE WEST UNE OF A PARCEL OF LAND AS DESCR IBED IN DEED RECORDED IN JEFFERSON COUNTY RECORDER OFFICE UN DER RECEPTION NUMBER F0050611A OJ TANCE OF 200.55 FEET: THENCE N 89°38'12" E, ALONG THE NORTH LINE OF SA ID PARCEL A DISTANCE OF 13 1.83 FEET TO THE SOUTHWEST CORNER OF LOT I, E.S. ALLEN SUBDIVISION AS RECORD ED IN JEFFERSON COUNTY RECORDERS OFFI CE UN DER RECEPTION NUMBER 20 I 0000090: THENCEN 00°12'07" W. ALONG THE WEST LINE OF SAID LOT I A DISTANCE OF 119.99 FEET; THENCE N 89°38'48" E. ALONG THE NORTH UNE OF SA ID LOT 1 A DISTANCE OF 354.09 FEET TO THE EAST RIGHT OF WAY LINE OF UPH AM STREET AS PER EASEMENT DOC UMENT RECO RD ED IN JEFFERSON COUNTY RECORDERS OFF ICE UN DER RECEPTION NUMBER 94 11 3597: THENCE S 00°13'03" E, ALONG SA ID EAST RIGHT OF WAY LJNE A DlSTANCE OF 483.0 1 FEET TO THE SOUTH RIGHT OF WAY LINE OF WEST 38111 AVENUE A PER EASEMENT DOCUMENTS RECORDED IN JEFFERSON COUNTY RECORDERS OFFIC E UNDER RECEPTION NUMBERS 90086570. 90086575. 90086572 AND 90086573: THENCE S 89°38'24'' W, ALONG SAfD SOUTH RIGHT OF WAY LINE A DISTANCE OF 354.42 FEET; THENCE N 00°11'13" W. A DISTANCE OF 162.65 FEET TO THE SOUTH LINE OF A PARCEL OF LAND AS DE CRIBED IN DEED RECORDED IN JEF FERSON COUNTY RECO RD ERS OFFICE UNDER RECEPT ION NUMBER F0050611A; TH ENCE S 89°34'48" W. ALONG SAID SOUTH LINE A DI STANCE OF 131.79 FEET TO THE POINT OF BEGINNING. CONTAINING: 197.537 . QUARE FEET OR 4.535 ACRES OF LAND. MORE OR LESS. ILLUSTRATION FOR ZONE LOT SJTUATED IN THE SE 1/4 SECTION 23 & NE 1/4 SECTION 26. T3S. R69W. OF THE 6TH P.M. CITY OF WHEA TRIDGE. COUNTY OF JEFFERSON. STATE OF COLOR ADO 3 l.DT •• lll.OCII 1, r--. -1114EA T IIIOQ[ IINIICE1'PUCl. n.sT I'UIG 0 Ol IW:C. NC). 1"018112177 -Ol ('I• 3830 W.IDSWCitlM a.w. .-Ol OIIHEJI> III4EA TIIIOQ[ 08A • ..:A TIIIOQ[ 08A 0 :: 3 . . Nl{') _.-If) o · ,_0 0~ 0 z N89'38'12''E 131 .83' 0 z Or BF'GINNING S89'34' 48"W 131.79' 3 'tr>in • ..-<D :::N '(Q ---to ""' ..... '--o z VICINITY MAP 1• -1 MILE W 44TH AVE W 38TH AVE ~ ~SITE.- ...J IJ) Vl iE ~ W 32HD AVE i ex: < Vl J: 0 ~ l.DT 2. u ~ Sl8lMSION IW:C. NC). 2010000010 ~ UI'MMI ST. <*a: 311115 Ul'liMI ~ UC N89'38' 48"E 354.09' ~-------------1 w ZONE LO T 197,537 SO. FT., OR 4.535 ACRES ± 100 ~-0..- -0 ""lt') •oo 0-q- 0 VI GRAPHIC SCALE 0 50 100 IN US SURVEY FEET ) 1 inc h = 100 fL 200 lHIS ILLUSTRA TlON DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATIACHED DESCRIPTION. PREPARED BY: FALCON SURVEYING, INC., 9940 'M:ST 25TH AVE, LAKEWOOD CO 80215 {303 202-1560 ' .. • • City of JP'Whe atRi_dge I o. ITEM NO: __ DATE: December 14,2015 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 54-2015 ·A RESOLUTION CONCERNING THE PROPOSED REDEVELOPMENT AT THE NORTHWEST CORNER OF WEST 38TH A VENUE AND UPHAM STREET, AND AUTHORIZING A COOPERATION AGREEMENT IN CONNECTION THEREWITH 0 PUBLIC HEARING 0 BIDS/MOTIONS i2J RESOLUTIONS 0 ORDINANCES FOR I sT READrNG 0 ORDINANCES FOR 2ND READING QUASI-JUD JClAL: 0 YES rgj NO ce~ ISSUE: Renewal Wheat Ridge (RWR), the Urban Renewal Authority fo r the City of Wheat Ridge, entered into a Redevelopment Agreement with West End 38 LLC (West End) for a mixed-use redevelopment project at the northwest comer of West 381h Avenue and Upham Street. The Agreement authorizes the use of tax increment financing in the amount of$4.8 million to assist in funding the construction of public improvements related to the project. R WR wi ll utilize property and sales tax increment generated by the project for a period of approximately 17 years to repay the obligation. Approval of a Cooperation Agreement between RWR and the City is required to establish obligations of both parties as it relates to the collection and distribution of incremental sales tax revenues related to this project. PRIOR ACTION: On December 7, 2015, City Council was briefed in a study session on the proposed West End 38 redevelopment project West End 38 Cooperauon Agreement December 14.2015 Page 2 FINANCIAL IMPACT: The West End 38 project is projected to generate $6.2 million in incremental property tax and $2.2 million in incremental ales tax revenue . for a total of$8.4 million, over a 25-year period. TI1e T IF Agreement authorize a maximum reimbursementlo the developer of $4.8 million to assist in the construction of public improvements related to the project. BACKGROUND: West End is the developer of a proposed mixed-use project nt the northwest comer of 38'h Avenue an<..l Upham Street. The site includes several parcels totaling 3.67 acres and including a vacant structtU·e along Upham and the Vectra Bank building to the west. West End desires to demolish all the structures on the property and proposes to construct a new mixed-use projet:t comaining retail space along 38'h Avenue, a market-rate apartment complex. a freestandmg bank building, and a public parking structure. AJong 38th A venue. the project will feature ground floor retail with rwo levels of residences above for a total of three stories. FUither west will be a free standing bank. Behind both buildings will be a parking courtyard and a four story residential building. The project will consist of approximately 150 residences and approximately 11,000 square feet of neighborhood retail space. A parking garage\\ ill provide an estimated 138 parking spaces and there will be another 88 uncovered surface parking spaces. West End is requesting $4.8 million in TIF assistance for public improvements related w the proJect. West End will make a private investment of approximately $36 million into land and development costs to complete the project. The project will create a net annual income of approximately S2.23 million without TlF which creates a yield on cost of 6.1 %. This is a very low yield for any development project. An adequate yield is normally at or above 7%. The project is anticipated to generate approximately $325.000 in property and sales tax increment arm ually. West End is requesting that I 00% of the increment be refunded toward the project cost5 for a period of 15 to 17 years or until such time as the TIF generates a maximum of $4.8 million. The 100% investment ofTIF will create a yield of7%. A Cooperation Agreement is necessary to detail how the TIF sale tax revenues wiJI tlow tT(lm the City to a special account ofRWR. RECOMMENDATIONS: StatT recommends approval of the resolution because the project will provide the following benefits to the community. • The first market-rate apartments constructed in lhe City in decades • The tirst use of structured parking in the City which is an efficient land use • The project is consistent wi th many of the values. goals. and strategies stated in the Comprehensive Plan • The project builds on previous planning efforts and is consistent with the vision outlined in several of the City·s adopted plans • The project provides a mix of land uses, new housing option . and high quality design West End 38 Cooperation Agreement December 14, 2015 Page 3 • 11)e project will add new jobs to the City, and provides a new residential component whose occupants will spend money throughout Wheat Ridge RECOMMENDED MOTION: "1 move to approve Resolution No. 54-2015 -A resolution concerning the proposed redevelopment at the northwest comer of West 38'11 Avenue and Upham Street and authorizing a Cooperation Agreement in connection therewith:' Or. "1 move to postpone indefinitely Resolution No. 54-2015 for the followingreason(s) REPORT PREPARED/REVIEWED BY: Steve Att, Redevelopment and Urban Renewal Manager Patrick Goff, City Manager ATTACHMENTS: L Resolution No. 54-2014 a. Exhibit A -Redevelopment Agreement b. Exhibit B -Cooperation Agreement CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 54 Series of 2015 TITLE: RESOLUTION NO. 54-2015 - A RESOLUTION CONCERNING THE PROPOSED REDEVELOPMENT AT THE NORTHWEST CORNER OF WEST JBlli AVENUE AND UPHAM STREET, AND AUTHORIZING A COOPERATION AGREEMENT IN CONNECTION THEREWITH WHEREAS , the City is a home rule municipality and political subdivision of the State of Colorado organized and existing under a home rule charter pursuant to Article XX of the Constitution of the State of Colorado; and WHEREAS, the City Council of the City (the "City Council") established the Wheat Ridge Urban Renewal Authority d/b/a/ Renewal Wheat Ridge (the "Authority") on October 18, 1981 , as an urban renewal authority pursuant to Colorado Revised Statutes, Part 1 of Title 31, Article 25, as amended; and WHEREAS, the City Council has adopted the West End 38 Urban Renewa l Plan (the "Urban Renewal Plan" or the ''Plan") for the area described therein (the "Urban Renewal Area"); and WHEREAS, West End 38, LLC (the "Developer") has acquired title to , or has a letter of intent to purchase certain real property consisting of approximately 3.67 acres which is located at the northwest corner of West 381h Avenue and Upham Street (the "Property"), which is in the Urban Renewal Area: and WHEREAS, the Developer has submitted a proposal to the City and the Authority to redevelop the Property (the "Project"); and WHEREAS, the City has determined and hereby determines that it is in the best interests of the City and its citizens to assist in the redevelopment of the Project; and WHEREAS, the Authority has determined that the redevelopment of the Project in order to remediate blight is consistent with and in furtherance of the purposes of the Authority and the Plan; and WHEREAS, the Urban Renewal Plan contemplates that a primary method of financi ng projects within the Urban Renewal Area will be through the use of property tax increment revenues and City sales tax increment revenues; and WHEREAS, the Plan adopted the utilization of property and sales ta x increment for the Property and authorizes the Authority to pledge such property tax increment revenues and City sales tax increment revenues to finance public infrastructure that benefits the Urban Renewal Area pursuant to one or more Cooperation Agreements (as defined therein); and Attachment 1 WHEREAS, the Authority and the Developer desire to enter into a Redevelopment Agreement (the "Redevelopment Agreement'') EXHIBIT A that sets forth the rights and responsibilities of each party with respect to the financing and construction of the Project; and WHEREAS, in order to finance certain eligible improvements for the Project, the Redevelopment Agreement provides that, upon compliance with certain conditions precedent, the Authority will reimburse the Developer for eligible costs incurred in connection with such eligible improvements in the maximum amount of $4.8 million (the "Reimbursement Amount ") with the Reimbursement Amount to be payable solely from property tax increment revenues and sales tax increment revenues to be generated from the redevelopment of the Project; and WHEREAS, in connection with the execution and delivery of the Redevelopment Agreement and the repayment of the Reimbursement Amount in accordance therewith, the City and the Authority believe it is in the best interests of the City and the Authority to enter into a Cooperation Agreement (the "Cooperation Agreement") EXHIBIT B related to the Project; and WHEREAS, there has been filed with the City Clerk of the City (the "City Clerk") the proposed form of the Cooperation Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: Section 1. Finding of Best Interests and Public Purpose. The City Council hereby finds and determines, pursuant to the Constitution, the laws of the State and the City's home rule charter (the "C harter"), and in accordance with the foregoing recitals, that adopting this Resolution, redeveloping the Project and entering into the Cooperation Agreement are in the best interests of the inhabitants of the City. Section 2. Aooroval of Cooperation Agreement. The Cooperation Agreement, in substantially the form on file with the City Clerk, is in all respects approved, authorized and confirmed. The Mayor is hereby authorized and directed to execute and deliver the Cooperation Ag reement. for and on behalf of the City, in substantially the form and with substantially the same contents as is on file with the City Clerk, provided that such document may be completed, corrected or revised as deemed necessary by the parties thereto in order to carry out the purposes of this Resolution. The execution of the Cooperation Agreement by the Mayor shall be conclusive evidence of the approval by the City Council of such document in accordance with its terms. Section 3. Direction to Act. The City Clerk is hereby authorized and directed to attest all signatures and acts of any official of the City in connect1on with the matters authorized by this Resolution and to place the seal of the City on any document authorized and approved by this Resolution. The Mayor. the City Manager, the City Clerk, the City Attorney, and all other appropriate officials or employees of the City are hereby authorized and directed to execute and deliver for and on behalf of the City any 1 and all additional certificates, documents, instruments and other papers, and to perform all other acts that they deem necessary or appropriate, in order to facilitate the redevelopment of the Project and implement and carry out the transactions and other matters authorized by this Resolution. Section 4. Ratification. All actions (not inconsistent with the provisions of this Resolution) heretofore taken by the City Council or the officers. employees or agents of the City directed toward the redevelopment of the Project and the execution and delivery of the Cooperation Agreement are hereby ratified , approved and co nfirmed. Section 5. Severability. If any section , subsection. paragraph, clause or provision of this Resolution or the documents hereby authorized and approved shall for any reason be held to be Invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution or such documents, the intent being that the same are severable. Section 6. Repealer. All prior resolutions, or parts thereof, inconsistent herewith are hereby repealed to the extent of such inconsistency. Section 8. Effectiveness. This Resolution shall take effect immediately. DONE AND RESOLVED this 14th day of December, 2015. Joyce Jay, Mayor [SEAL] Attest: Janelle Shaver, City Clerk 3 EXHIBIT A REDEVELOPMENT AGREEMENT THIS REDEVELOPMENT AGREEMENT (this ''Agreement'') dated as of October 20, 2015, is made by and between WHEAT RIDGE URBAN RENEWAL AUTHORITY d/b/a/ RENEWAL WHEAT RIDGE! an urban renewal authority and a body corporate and politic of the State of Colorado (the "Authority") and West End 38, LLC a Colorado limited liability company (the "Developer"). The Authority and Developer are sometimes collectively called the "Parties,'' and iJldi vidual ly, a "Party." RECITALS All capitalized tcm1s used. but not defined, in these Recitals, have the meanings ascribed to them in this Agreement. The Recitals are incorporated to this Agreement as U10ugh fully set forth in the body of this Agreement. WHEREAS. the City of Wheat Ridge, Colorado (the "City") is a home ru le municipality and political subdivision of the State of Colorado organized and existing under a borne rule chat1er pursuant to Article XX of the Constitution of the State of Colorado; and WHEREAS, the City Council of the City (the "City Co~Lncil") established the Authority on October 18, 1981; and WHEREAS. an urban renewal plan known as the WeSl End 38 Urban Renewal Plan (the "Urban Renewal Plan" or the "Plan") has been prepared and will be considered for approval by the City Council of U1e City pursuant to the requirements ofTiUe 3 1, Article 25. Part 1. Colorado Revised Statutes (the "Urban Renewal Law"); and WHEREAS, Developer has acquired title to, or has a letter of intent to purchase. all of the real property described in Exhibit A-1 attached hereto. consisting of approximately 3.67 acres, which is located at the northwest comer of West 38'b Avenue and Upham Street in the City (the "Property"). wh.ich is within an urban renewal area and which is in tb e West End 38 TIF Area~ and WHEREAS, Developer has subm.itted a proposal to the City and the Authority to redevelop the Property as further set fo.rth in Exhibit B attached hereto (the ''Project"); and WHEREAS, the Authority has determined that the redevelopment of the Project in order to remediate blight is consistent with and in furtherance of the purposes of the Authority and the Urban Renewal Plan; and WHEREAS, in order to faci litate the acquisition, construction and install ation of the Project, the Authority and Developer desire to finance certain Eligible Improvements related to the Project up to a maximum aggregate amount of Four Million Eight Hundred Thousand Dollars ($4,800.000) (as further defined below, the ·'Reimbu.-sement Amount") as set forth in this Agreement; and WHER EAS, pw·suant to th e Act and the Urban Renewal Plan, the Authority may finan ce undertakings pursuant to the Plan by any method auth orized under the Act or ru1y other applicable law, including without limjtation, issuance of notes, bonds and other obligations in an amount sufficient to finance all or part of the Plru1; bonowing of funds and creation of indebtedness; advancement of reimbursement agreements: abrreements with pub I ic or pri vate entities.; and loans, advances and grants from any otl1er avaiJable sources: and the Plan authorizes th e Authority to pay the principal and interest on any such indebtedness from property and sa les tax increments, or any other funds, revenues, assets or properties legally available to the Authority: and \VHEREAS, the Urban Renewal Plan contemplates that a primary method or finan cing prt)jects within tl1e urban renewal area will be tltrough th e use of property tax increment revenues and sales tax increment revenues: and \\/HER EAS, the Urban Renewal Plan allows the use of tax increment financing rel ated to the property tax and sales tax for the Propett y; and WHER EAS, Developer will initiall y fund the design. acq ut sttwn. constru ction and ins talhtt ion of the Eligible Improvements in accordance wiU1 this Agreement: and \¥HEREAS, subject to the tenns and provisions of thi s Agreement, Developer wi ll be reimbursed for Eligible Costs incurred on the Eligibl e Improvements in an amount equal to the Reimbursement Amount ffom th e proceeds of the Pl edged Tax Increment Revenues generated by the Project (the .. Pledged Revenues"): and W HE REAS, th e Authority will execute and deli ver a promissory note (the "Note") to the Developer toe idencc its obli gation to pay the Reimb\trsement Amount , subject to the tem1s and provisions of this Agreement. which Note shall be a special ru1d limited obligatiem of the Au thority pa yable solely from the Pledged Revenues; and WHE R EAS, the Parties have agreed to enter into this Agreement tor the rede,•elopment of the Property in accordance with the Urban Renewal Plan and the Act. NOW THEREFORE. In considerati on of the mutual covenants and promises of the Patiies contained in this Agreement, and other valuable consideration, the receipt and adequacy of which are acknowledged. the Pa11ies agree to the terms and condition in thi s Agreement. 2 A GREEI\IlENT l. DEFINITIONS. In this Agreement. unless a different meaning clearly appears from the context, capitalized terms mean: "Act" means the Colorado Urban Renewal Law, Part 1 of Article 25 o f Titl e 31 of the Colorado Revised Statutes, as amended. "Agreement" means this Redevelopment Agreemen t, as it may be amended or supplemented in writing. References to Sections or Exnibi ts are to this Agreement unless otherwise qualified. All exhibits attached to and referenced in this Agreement are hereby incorporated into tnis Agreement. "Authority" means Wheat Ridge Urban Renewal Authority dlb/a Renewal Wheat Ridge, an urban renewal authority and a body corporate and politic of the State of Colorado which has been dul y created, organi zed. established and authorized by the City to transact busi ness and exercise its powers as an urban renewal authority, all under and pursuant to the Act, and its successors and assigns. "Bonds" means, collectively, bonds, certificates of participation. other obligations or securities issued by the Authority to refinance or repay the Note in accordance with the tem1s and provisions of tllis Agreement. includi.ng any bonds, certificates of participation, other obligations or securities issued by the Authority to refund any such Bonds. ··City'' means the City of Wheat Ridge. Colorado. a home rule municipality and political subdivision of the State of Colorado organized and existing under a home rule charter pursuant to Ar1icle XX oftbe Constitution of the State of Colorado. "City Requirements" means, coJJectively, the Wheat Ridge Zoning and Development Code, Architectural and Site Design Manual, Subdivision Improvement Agreement, Streetscape Design Manual, International (Building) Codes, Site Drainage Requi rements, and right-of-way design standards, except as may be amended by mutual written agreement of the City and Developer through land use, building and right-of-way permit approvals or otherwise. "Commence Constr·uction'' or "Commencement of Construction'· means the commencement by Developer of actual physical work on the Project, including without limitation deconstn1ction, demolition and/or site grading on the Property as required for the Project. ''Complete" or "Complete Construction" or "Completion" or "Completion of Construction" means construction acceptance in accordance with the City Requirements, the Subdivision Improvement Agreement. applicable laws, ordinances, and regulations of the City and any other governmental enti ty or public utility with jurisdiction, subject to any applicable conditions of maintenance and warranty, including without limitation, th e issuance of a pennanent certificate of occupancy or completion by the City, with or without conditions, so that the portion of the Project desctibed in such certificate may open for penn anent occupancy and utilization for its intended purposes. 3 "Default'' or "Event of Default" means any of the events described in Section 16: provided, however, that such events wtll not give rise to any remedy until effect has been given to all grace periods. cure periods and periods of enforced delay provided for in this Agreement. "Developer'' means West End 38. LLC, a Colorado limited liability company. and any successors and assigns approved in accordance with this Agreement. "Developer Advances" means, collectively, amounts advanced or incuned by Developer to pay any Eligible Costs. "Effective Date" means the date of th i Agreement. "EUgjble Costs'' means. collectively. the reasonable and customary expenditures for the acquisition. design. construction and installation of the Eligible Improvements, including without limitation reasonable and customary soft costs and expenses, as set fo11h in Exhibit C attached hereto. as it may be amended hereunder. Eligible Costs al so includes all reasonable and customary costs and expenses related ro the engineering and design work for the Eligible Improvements. TI1e maximum amount of Eligible Costs to be paid or reimbursed pursuant to thi s Agreement shall be Four Million Eight Hundred Thousand Dollars ($4.800,000) as set forth in this Agreement. ~·Eligible lmpr·ovements" means the improvements set forth on Exhibit C attached hereto. as amended in accordance with this Agreement. "Executive Director" means the Executi ve Director of the Autho1ity. "Exhibits" TI1c following E ·hibits attached to this Agreement are hereby incorporated into and made a part of this Agreement: Exhibit A-I : Legal Description of the Property Exhibit A-2: Legal Description of the West End 38 TTF Area Exhibit 8 : Description of the Project Exhibit C: Eligible Improvements Exhibit D: Fonn of Project Completion Certificate Exhibit E Fom1 of Note Exhibit F: Fonn ofSubdivision Improvement Ab'Teemenl 4'Note" means the promissory note executed and del ivered by the Authority to De eloper that evidences the obligatjon to pay the Reimbursement Amount in accordance with the tem1s ru1d provisions of this Agreement, in substantiall y the fonn of Exhib1t E attached to this Agreement. The Note shall be a special and limited obligation of the Authority payable solely from U1e Pledged Revenues. Interest shall not accrue on the Note. "Party" or ''Parties" means one or both of the parties to this Agreement. "Pledged Property Tax Increment Revenue'' means the annual ad valorem property tax revenue received by the Authority from the Jefferson County Treasurer in excess of the amount produced by the levy of those taxing bodies that levy property taxes against the Property Tax Base Amount in the West End 38 TIF Area in accordance wi th the Act and the regulations of the Property Tax Administrator of the State of Colorado, but not including, (a) any mills imposed by d1e Wheat Ridge Fire District: and (b) any offsets collected by the Jefferson Cotlnty Treasurer tbr return of overpayments or any reserve funds retained by the Authori.ry for such purposes in accordance with Sections 31-25-1 07(9)(a)(lll) and (b) of the Act. "Pledged Sales Ta:x Increment Revenues" means, for each year that this Agreement remains in effect, that portion of the SaJes Tax revenue received by the City. and remitted to the Auth01i ty in accordance with the Act and the Plan. equal to the product of the Sales Tax rate of three percent (3.00%) times the amount of the taxable transactions subject to the Sales Tax in the West End 38 TlF Area, less the Sales Tax Base Amount. "Pledged Revenues" means the Pledged Tax lncrement Revenues in d1e total aggregate principal amount of$4.800,000. "Pledged Tax Jncl"ement Revenues'' means, collectively, d1e Pledged Property Tax Increment Revenues and the Pledged Sales Tax Increment Revenues. "Project" means the redevelopment of the Property, as further set forth in Exhibit B attached hereto. "Project Account" means the account of the Special Fund created in Section 5.2 into which the Authority shall deposit th e Pledged Tax Increment Revenues. "Project Completion Certificate" means the certificate in substanti ally the fonn of Exhibit D attached hereto relating to the satisfaction of the conditions precedent set forth in Section 3.1 relating to the payment of the Reimbursement Amount. ~'Property" means the real property described in Exhibit A-1 attached hereto, whi ch consists of approximately 3.67 acres. The Property is included in the West End 38 TIF Area. "Property Tax Base Amount" means the amount certified by the Jefferson County Assessor as the valuation for assessment of all taxable property within tl1e West End 38 TlF Area in acc<>rdance with Section 3 1-25-l 07(9)(a)(l) of the Act. The Property Tax Base Amount and increment value shall be calculated and adjusted from time to time by t11e Jefferson County Assessor in accordance with Section 3 1-25-1 07(9) of the Act and the rules and regulations of the Property Tax Administrator of the State of Colorado. "Reimbursement Amount" means a maximum amount equal to $4,800,000. which is the maxin1um amount that will be paid to the Developer to reimburse the Developer for Eligible Costs in accordance with the tenns and provisions hereof. No interest shall accrue on the Reimbursement Amount. 5 ·'Sales Ta~ ·• means the municipal sale tax of the City on sules uf good and ervices that are subject to municipal sa les taxes pursuant to the Wheat Ridge City Code. ln the even t that the Sales Tax is subsequently increased above 3.00%. the amount of Sales Tax subject to this Agreement shall not be increased above 3.00%, unless otherwise authorized by the City Council. "Sales Tax Base Amount'" mean the total collection of Sales Taxes levied at the rate of three percent (3 .00%) wi thin the West End 38 TIF Area for the applicable twelve-month period in accordance with Section 3 1-25-1 07(9)(a)(l) of the Act. The Sales Tax Base Amount is $0.00. ··special Fund·· means the special fund of the Authori ty defined in Section 1 07(9)(a)(ll) of the Act. "Subdivision Improvement Agreement" means that Subdi visi<.)n Improvement Agreement for the Project to be submitted by Developer to the City in substantially the fo nn et forth hereto as Ex hibit F attached hereto. "Urban Renc\\al Plan .. or ·'Plan" means the West End 3 Urban Renewal Plan appro\'ed by the City Cou ncil. as amended from time to Lime. "\Vest End 38 T lf Area" mean · the approximately 4.535 acre. within which the Property is located and that is legally described on Exhibit A-2. The West End 38 TIF Area is the same as the urban renewal area described in the Urban Renewal Pl an within which ~he tax increment provisions of Section 31-25-1 07(9) or the Act apply. 2. FfNA CJNG AND CO STRUCTIO OF PROJECT. 2.1 Construction of Project. As . et forth 111 Section 4. if Developer proceeds with the Project, then Developer shall be responsible for acquiring. constructing and installing the Project, induding without limitation. all Eligible Improvements. and shall be responsible for compliance in all respects with the Ci ty Requirements. 22 Financing the Eligible Improvements. Developer shall be responsible for initially financing the co. ts and expenses in connection with the acquisition. construction and installnrion ofthc Eligible Improvements. including without limitation all design costs. engineering co ts and oLher soft costs incurred in connecti<.m therev.dth. COND ITIO S PRECEDENT TO PAYME T OF REIMBURSEMENT AMOUNT. 3.1 Conditi ons Precedent. Unl ess waived in writing by the Executive Director. the following conditiun~ precedent shall be satisticd pri or to Developer receiving any reimbursement for Eligible Costs pursuant to the terms and provision of th is Agreement: (a) The Developer shall have acquired all the Property; (b) The Subdtvis1on Improvement Agreement shall have been appro,·ed by the Ci ty and recorded in the real estate records: 6 (c) Substantially all of the Eligible Improvements that are public improvements that the Developer is required to install in connection with the ProJect pursuant to the Subdivision Improvement Agreement and tJ1e site plan shall be Completed; (d) An apartment complex o n the Property with at least I I 0 apartment w1its has been Completed; (e) At least 8,000 square feet of retail space shall have been Completed on the Property~ (f) Developer shall have submitted the Project Completion Certificate to the Authority. and the Authority shall not have disputed the certification in accordance with Section 5.1 hereof~ provided, however, that in the event that only a portion of tbe Reimbursement Amount is disputed, this condition precedent shall be deemed satisfied with respect to the undisputed portion ofthe Reimbursement Amount; (g) No Events of Deta ult by Developer sbaJJ have occurred and be continuiJ1g under this Agreement. 4. DEVELOPER. 4.1 Acquisition. Construction and Installation of Project. This Agreement shall not obligate the Developer to proceed with the Project. If Developer proceeds with the Project. Developer shall be responsible for the financing, design, acquisiti on. construction and installation of the Project, subject to the provisions in this Agreement regarding reimbursement of Eligible Costs in accordance herewith. The design and construction of the Project shall compl y in all material respecL~ with all applicable code~ and regulations of entities having jurisdiction, including the City Requirements. Notwithstanding any provisions to tJ1e contrary contained herein, the Developer shall be entitled to reimbursement for Eligible Costs incurred in connection with an Eligible improvement onl y if such Eligible Improvement comp}jes with City Requirements. The Developer wi ll use reasonable efforts to diligently pursue (i) prospecti ve commercial lease tenants, including Vectra Bank; (ii) responsive general contractor constructio n bids; and (iii) all City of Wheat Ridge development review approvaJs, including site plan review and building pennits, leading to the acquisition, construction. improvement and lease-up of the Project. Jf Developer proceeds with t11e Project. Developer will pay or cause to be paid all required fees and costs, including those imposed by the City, in connection with the design , construction. applicable warranty requirements. and use of the Project. The Parties agree tJ1at if the Developer has not Commenced Constructi on of the Project by January I. 2019, that this shall not constitute an Event of Default hereunder, but that the Authority shall ha e the right to tenninate this Agreement as set forth in Section 18. 7 4.2 Eligible Improvements. Tht: list of Eligible Improvements . ct torth in Exhibit C attached hereto may be amended at the \Hitten request of Developer with the written consent of the Executive Director, unless such consent is not required pursuant to the tem1 of Exhibit C. 4.3 Access to Property. Developer will pem1it representatives of the City and the Authority access to lhe Property and the Projt:ct at reasonable times during regular busines hours and with prim notice as necessary for the purpose of carrying out or determining compliance with this Agreement. the Urban Renewal Plan. the City Requirements or any Ci ty code or ordinance, including w1thout limitation. inspection uf any work being conducted. 4.4 Maintenance of Project. Developer shall be responsible for the maintenance of those portions of the Project as set forth in the Subdivision Improvement Agreement. 4.5 Appeal of Property Taxes. Developer shall provide written notice to the AutJlOrity of any requested reduction by Developer in any portion of the Property's real property tax assessed \'aluation or abatement of any portion of the Propeny·s real propeny taxes. 4.6 Notification of Sale of Propertv. Developer shall provide wntten notice to the Authority of the sa le of al l or any portion of the Property by Developer duri ng the tenn of this Agreement. 5. THE AUTHORITY. 5.1 Payment of Reimbursement Amount. Upon compli ance with the conditions precedent set forth in ScctiOI\ 3.1 relating to the payment or the Reimbursement Amount, or the Executive Director's waiver of any such conditions precedent. the Authority agrees that it shall reimbur e Developer for Eligible Costs incurred in connection with the acquisition, construction and installation of Eligible Improvements in the Project in an amount equal to the Reimhur$ement Amount. but solely from the Pledged Revenues received by the Authority. The Authority wil l have thirty (30) days after the Developer has submitted the Project Completion Certificate to confirm whether or not such Certificate complies with the tenns and provisions of this Agreement and whether the conditions precedent set forth in Section 3.1 have been satisfied or wai,·ed by th e Executive Director. If the Authority doc not pro ide writt en approval or disappro\'al within such thirty (30) day period. the Certificate shall be deemed appro' ed by the Authority. lf the Authority notifies the Developer in writing wi th in such thirty (30) da. period that the Authori ty disputes that the co nditi ons precedent set forth in Section 3.1 have been satisfied or waived. or that there is not sufTtcient documentation relating to all or any portinn of the Eligible Costs that have been incurred by the Developer. and sets forth a detailed explanation why the conditions precedent ha ve not been satisfied, waived or suffi ciently documented. such portion of the Reimbursement Amount that is in dispute shall not become due and payable until Developer and Authority have resolved the dispute. The Panics agree to cooperate in good fai th to resolve any dispute relating to the satisfacti on of the conditions precedent set forth in Section 3.1 within thirty (30) days after ei ther Pa11y's written request therefor. 5.2 Special Fund: Project Account. The Authority agrees to establish U1e Special Fund in accordance with the pmvisinns of the Act and to establish the Project Account as a separate trust account within the Special Fund. ll1c Authority agrees to deposit the Pledged Tax Increment Revenues into the Project Account of the Special Fund upon receipt of the same. All Pledged Tax Lncrement Revenues on deposit in the Project Account of the Special Fund are hereby pledged to the payment of the Note for as long as the Note remains outstanding. ln the event that Bonds are issued by the Authority to prepay the Note in whole or in part, all Pledged Tax Increment Revenues on deposit in the Project Account of the Special Fund are hereby pledged to the payment of the Bonds for as long as the Bonds remain outstanding. In the event that the Bonds and the Note are outstanding at the same time. the priority of the lien of the Bonds and the Note on such Pledged Tax Increment Revenues shall be determined at the rime of issuance of the Bonds with tJ1e prior written consent of Developer. 5.3 No Election Required. The Parties acknowledge that, according to the decision of the Colorado Court of Appeals in Olson v. City of Golden, 53 P.3d 747 (2002). an urban renewal authority is not a local govenunent and therefore is not subject to the provisions of Article X, Section 20 of the Colorado Constitution. Accordingly, the Authority may enter into this Agreement with Developer, execute and deli ver the Note and agree to remit the Pledged Revenues to Developer to reimburse Developer for Eligible Costs in accordance with the provisions of this Agreement without electoral authorization, and such obligations are not subject to annual appropriation. 5.4 No Impairment. The Authori ty wi ll not enter into any agreement or transaction that impairs the rights of the Parties. including without limitation, the right to receive and apply the Pledge{) Revenue in accordance with the tenns and provisions of this Agreement. 6. PAYMENT OR REIMBURSEMENT OF ELlGlBLE COSTS; NOTE FROM AUTHORITY. Upon compliance with the conditions precedent set forth in Section 3.1, Developer shall be reimbursed by tJ1e Authority for Eligible Costs incurred in connection with the Project, but solely from Pledged Revenues, in an amount not to exceed the Reimbursement Amount. Tbe obligation to pny the Reimbursement Amount shall be evidenced by the Note to be executed by tJ1e Authority and delivered to Developer. (a) Upon the execution and tlelivery of this Agreement, the Autl1o1ity shall execute and deliver the Note to Developer in substantially the fonn set forth in Exhibit E attached hereto. The maximum amount of the Note shall be Four Mi llion Eight Hundred Thousand Dollars ($4,800,000). Upon compliance with the conditions precedent set forth in Section 3.1, the Reimbursement Amount shall become due and payable in accordance with the terms, provisions and limitations of tJ1is Agreement. The Note shall mature on November I, 2040. (b) The Note shall be a special and limited obligati on of the Authority payable solel y fi·om the Pledged Revenues. The Pledged Revenues are hereby pledged to the payment of the Note. The obligation to reimburse Developer for Eligible Costs, which obligation is evidenced by the Note, is and shall be a special and limited obligation of the Authority secured by an irrevocable pledge of, and payable solel y from, the Pledged Revenues. Developer may not look to any general or other fund of me Authority for the payment of the ote except the Pledged Revenues. The Note shall not constitute an indebtedness, financial obligation or liability of the City or the State or any county, munkipality or public body tJ1ereof. and neither the City, the State nor any political subdivision thereof shall be liable thereon, nor in any event shall the Note 9 be payable out of any funds or properties other than the Pledged Revenues. Further. the No te shall not constitute a debt. indebtedness. finan cial obligation or liability of the City within the meaning of any constitutional, stattJtory or charter debt limitation or pmvision. (c) So long as the Note is outstanding, no later than November I of each year (beginning on the first ovember I aflcr the conditions precedent set forth in Section 3.1 have been met). the Authority shall remit to Developer all Pledged Re enues on deposit with the Authority in the Project Account of the Special Fund . Any such Pledged Revenues remitted by the Authority to Developer shall be applied on each November 1 to the payment of the Rei mbursement Amount represented by the oLe. Developer . haU note on the Table of Outstanding Reimbursement Amount attached to the Note the amount paid on the ote on each November I. The Authority shall remit the Pledged Revenue· to Developer by wire transfer unless otherwise directed in writing by Developer. (d) The Authority shall have the option to prepay the Note in whole or in part 011 any date upon payment or the amount thereof outstanding. without prepayment premium. Unless wai cd in writing by De eloper, the Autl10rity hall provide Developer with at least ten ( 1 0) busines days' noti ce prior to an y prepayment date. (c) TI1e ote shall be made payable to Developer. Developer may not sell or transfer the Note in pal1. and may not sdl or transfer the Note in whole prior to Completion or Con !ruction of the Project without the prior written c.;onsenr of the Authority. After Completion of the Project. the No te may be sold or transfeHed in whole to any entity th at has been assigned all the Developer's rights under this Agreement in compltance with the tenn ' and provisions of Section 21 hereof. or with the prior written consent of the Authority. (f) For so long as the ote i. t)utstanding, the Authority shall not issue any Bonds that are payable in whole or in part from the Pledged Revenu es without the p•ior written consent of Developer. In the event that the Authority detennines to issue Bonds to prepay the Note in part, and not in whole, the Authority shall not issue such Bond without the pnor written consent ofDevelopcr. (g) No twithstanding any other provision contained herein. any outstanding balance due on the Note as of the maturity date of ovember I. 2040 tnr which the Authority does not have sufficient available Pledged Revenues to pay will be full y discharged and satistied as of that date notwithstanding such nonp ayment. Any such nonpayment shall not constitute an Event of Detault hereunder or under the Note and the twenty-ti ve (25 )-year period of limitati on set forth in Section 31-25 -1 07(9)(a) of the Act shall not be extend ed pursuant to Section 31-25- 1 07(9)(1) of the Act to make any payment on the Note atler November I, 2040. lf the Note has been discharged pursuant to th.is paragraph. then the Authority's obligation to reimburse Developer for Eligible Costs shall be deemed satisfi ed hereunder and Developer shall have no further rights tn reimbur emcnt under thts Agreement. 7. BOOKS AND ACCOUNTS: fNSPECTION OF RECORDS. The Authority will keep proper and current itemized records. bnoks. and accounts in which complete and accurate entries will be made or the receipt and use of all amounts of revenue received from any and all source and such other calculations required by this Agreement and any applicable law or regulat ion. 10 Developer shall keep accurate books and records of all costs incurred in connection with the design, management, acquisition. construction and warranty (as applicable) of the Eligible Lmprovements. and the receipt of payment or reimbursement of Eligible Costs. During regt1lar business hours and upon reasonable advance notice, the Authority or its designee is hereby authorized to review, at the Authority's cost and expense, Developer's books and records relating to the Eligible lmprovements and the receipt of payment or reimbursement of Eligible Costs. All books, records and reports (except those allowed or requi red by applicable law to be kept confidential) in the possession of the Authority relating to the collection and disbursement of the Pledged Revenues and the payment of the Eligible Costs shall at all reasonable times be open to inspection by such accountants or other agents as the respective Parties may from time to time designate. 8. INSURANCE. On or prior to the Commencement of Construction Developer wiJl provide the City and the Authority with certificates of insurance showing that Developer is carrying, or causing prime contractors to carry, the following insurance: General Liability, with a general aggregate of Two Million Dollars ($2,000,000): fire damage of One Hundred Thousand Dollars ($1 00,000); medical expense of Five Thousand Dollars ($5,000): products/completed operations aggregate of Two Mmion Dollars {$2,000,000); personal and advertising injury of One Million Dollars ($1.000.000) with each occurrence up to One Million Dollars ($1,000,000), with deductible of Twenty-five Hundred Dollars ($2,500) per claim. Excess liability shall be c.overed in an amount equal to Ten Million Dollars ($1 0.000,000) per occurrence/ Ten Million Dollars ($I 0,000,000) aggregate. 9. INDEMNIFICATION. Except as hereinafter provided, from Commencement of Construction of the Project through Completion of Construction of the Project, and for any action arising during that time period. Developer agrees to indemnify. defend and hold hannless the City and the Authority, its officers, agents and employees, from and against all liability, claims. demands, and expenses. including fines imposed by any applicable state or federal regulatory agency, court costs and attorney fees, on account of any injury, loss, or damage to the extent arising out of any of the work to be perfonned by Developer, any subcontractor of Developer, or any officer, employee, agent, successor or assi!:,'ll of Developer under this Agreement, but onJy to the extent such injury, Loss, or damage is caused by the negligent act or omission. error. professional error, mistake, accident, or other fault of Developer, any subcontractor of Developer, or any officer, employee, agent, successor or assign of Developer, but excluding any injuries, losses or damages which are due to the gross negligence, breach of contract or willful misconduct of the City or the Authority, as the case may be. Notwithstanding the foregoing or any provision to the contrary contained herein. in the event that all or a portion of the Project is financed with a HUD-insured Section 220 or 22l(d)(4) loan. and so long as any such loan remains outstanding, any obligation of the Developer to provide indemnification under this Agreement shalJ be limited to (i) amounts mandated by State law, if any, (ii) coverage afforded under any liability insurance carried by the Developer. and (iii) available "sttrplus cash" of the Developer as defined in the Regulatory Agreement executed in connection with any such loan. Until funds from a permitted source for payment of indemrufication costs are available for payment, the Developer shall not (a) pay funds to any I I indemnitee under this Agreement, or (b) pay the deductible on an indemnification policy for any indemnitee under this Agreement. 10. REPRESENTATIONS AND WARRANTIES. I 0.1 Representations and Warranties by the Authority. The Authority represents and warrants as follow s: (a) The Autho1ity is a body corporate and polit ic of the State of Colorado, duly organized under the Act. and has the power Lo enter into and has taken all actions to date required to authorize this Agreement and to carry out its obljgations. (b) The Authority knows of no litigation. proceeding, ioitiati\•e. referendum, investigation or threat of any of the same contesting the powers of the Authority or its offi cials with respect to this Agreement that has not been disclosed in writing to Developer. (c) The execution and deli very of thi s Agreement and the documents re~tuircd and lhe consummation of the transactions contemplated by this Agreement will not (i) conflict with or contravene any law. order, rule or re!:,rulation applicable to the Authority or to its goveming documents, (ii) result in lhe breach of any of the tem1s or prov1 'ions or constitute u default under any agreement or other instrument to which the Authority is a party or by which it may be bound or affected. or (iii) pennil any party to tem1inate any such agreement or instruments or to accelerate the matlllity of any indebtedness or other obligation of the Autbo1ity. (d) The Pledged Revenues are not subject to any other or prior pledge or encumbrance, and the Authority will not pledge or encumber the Pledged Revenues so long as the Note is outstanding without the prior written consent of Developer. (e) This Agreement constitutes a valid and bindi11g obligation of the Authority, enforceable according to its terms, excepl to the extent limited by bankruptcy, insolvency and other laws of generaJ application affecting credirors' rights and by equitable principles, whether considered at la w or in equity J 0.2 Representations and Wan·anties bv Developer. Developer represents and wan-ants as follows: (a) Developer is a Colorado limited liability company and in good standing and auth01ized to do business in the State of Colorado and bas the power and the authority to enter into and perform in a timely manner its obligations under this Agreement. (b) The execution and deJi ery of this Agreement has been ouly and validly authorized by all necessary action on its part to make this Agreement valid and binding upon Developer. 12 (c) The execution and delivery of tllis Agreement will not (i) conflict with or contravene any law. order, rule or regulation applicable to Developer or to Developer's governing documents. (ii) result in the breach of any of the tenns or provisions OT constitute a default under any agreement or other insnument to wbjcb Developer is a party or by which it may be bound or affected, or (iii) permit any party to terminate any such agreement or instruments or to accelerate the marutity of any indebtedness or other obligation of Developer. (d) Developer knows of no litigation, proceeding, initiative. referendum. or investigation or threat or any of the same contesting the powers of Developer or any of its principals or officials with respect to this Agreement that has not been disclosed in writing to the Authority. (e) Developer has prepared or caused to be prepared a financing and development plan for the Project and Developer reasonably expects that the Pledged Revenues to be generated from the Project will be sufficient to pay the Reimbursement Amount represented by the Note prior to the maturity date of the Note. (f) This Agreement constitutes a valid and binding obligation of Developer, enforceable according to its tem1s, except to the extent limited by bankruptcy, insolvency and other laws of general application affecting creditors' rights and by equitable principl.es. whether considered at law or in equity. II . TERM. The tenn of thi s Agreement is the period commencing on the Effective Date and tem1inating on the date that the Note and any Bonds issued by the Authority are no longer outstanding; provided. that the following provisions shall continue beyond the tem1 of this Agreement: {A) any rights and remedies that a Party has for an Event of Default hereunder; (B) any rights that a Party has to inspect books and records as set forth herein for a period of tour (4) years following termination of thi s Agreement; and (C) the indemnification provisions set forth in Section 9. 12. CONFUCTS OF INTEREST. None of the following will have any personal interest, direct or indirect, in this Agreement: a member of the governing body of the Authority or the City, an employee of the Authority or of the City who exercises responsibility concerrung the Urban Renewal Plan, or an individual or finn retained by the City or the Authority who has perfonned consulting services to the Authority or tbe City in connection with the Urban Renewal Plan or this Agreement. None of the above persons or e-ntjties will participate in any decision relating to the Agreement that affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. I 3. ANTI-DISCRIMINATION. Developer, for itself and its successors and assigns, agrees that in the construction of the Eligible Improvements and in the use and occupancy of the Property and the Eligible Improvements, Developer will not discriminate agamst any employee or applicant for employment because of race. color, creed. religion, sex. sexual orientation, disability, marital status. ancestry, or national origin. 13 14. NOTICES. Any notice required or permitted by this Agreement will be in writing and will be deemed to have been sufficiently given for all purposes if delivered in person. by prepaid ovemight express mail or overnight courier service. by certified mail or registered mail, postage prepaid retum receipt requested. addressed to the Party to whom such notice is to be given (and such Party's additional persons to copy) at the address(es) set forth on the signature page below or at such other or additional addresses as may be fumished in writing lo the other Parties. The Parties may also agree on a different means of pro iding written notice hereunder. including without limitation, notice via electronic mail. Notice shall be deemed received: (i) if delivered in person. upon actual receipt (or refusal to accept delivery). (ii) if by prepaid o emight express mail or overnight courier service .. on the first business day following sending of the notice. and (iii) if by certified mail or registered mail. pO$tage prepaid retum receipt requested, on the earlier of the date of the receipt or the third business day followi ng sending of the notice. 15. DELAYS; FORCE MAJEURE . Subject to the following provisions. time is of the essence. Any delays in or failure of perfonnance by any Party of its obl igations under this Agreement shall be excused if such delays or failure are a result of acts of God. tires, tloods. excessive rain, earthquake, strikes, labor disputes. regulation. initiative. referendum , legislation. litigalion, or order of civil or military authorities. or other causes. similar or dissimilar. whjch are beyond the control of such Party. 16. EVENTS OF DEFAULT. The following events shaJJ constitute an Event of Default under this Agreement: (a) Any representation or warranty made by any Part y in this Agreement pro es to have been untrue or incomplete in any material respect when made and which untruth or incompl.etion would have a material adverse effect upon the other Party. (b) So long as the Note remains outstanding. the Authority fails to remit the Pledged Revenues ()11 deposit with the Authority to Developer on or prior to November I of each year. (c) Except as otherwise provided in this Agreement any Patty fail s in the performance of any other covenant in this Agreement and such default continues for thirty (30) days after written notice specifying such default and requiring the same to be remedied is given by a non-default ing Parry to the defaulting Pa1ty. lf such default is not of a type which can be cured within such thirty (30) day period and the defaulting Party gives written notice to the non-defaLJlting Party or Pat1ies within such thirty (30)-day period that it is actively and diligently pursuing such cure, the defaulting Party shall have a reasonable period of tim e given the nature of the default following th e end of such thirty (30)-day period to cure such defauH. provided that ·uch defaulting Party is at all times within such additional time period actively and diligently pursuing such cure in good faith. 17. REMEDIES. Upon the occurrence and continuation of an Event of Default, the non- defaultmg Party's remedies will be limited to the ri ght to enforce the defaulting Party's 14 obligations by an action for injunction, specific perfonnance. or other appropriate equitable remedy or for mandamus, or by an action to collect and enforce payment of sums owing hereunder. and no other remedy, and no Party wiiJ be entitled to or claim damages for an Event of Default by the defaulting Party, including without limitation, lost profits, economic damages, or actual, direct, incidental, consequential. punitive or exemplary damages. In the event of any litigation or other proceeding to enforce any of the tem1s. covenants or conditions of this A!,1feement, the prevailing party in such litigation or other proceeding shall receive, as pan of its judgment or award, its reasonable attorneys' fees and costs. 18. TERMiNATION. This Agreement may be terminated by the Developer at any time prior to the Commencement of Construction of the Project. In the event that Developer has not Commenced Construction of the Project on or prior to January I, 2019. then the Authority shall have the option to terminate this Agreement. ln the event that the City Council of the City has not approved the Urban Renewal Plan on or prior to December 31. 2015, then the Developer and the Authority shall each have the option to terminate thi s Agreement. In order to temlinate this Agreement. a Party shall provide written notice of such termination to the other Party. Such termination shall be effective thirty (30) days after the date of such notice, without any further action by the Parties, unless prior to such time, the Parties are able to negotiate in good faith to reach an agreement to avoid such termination. Upon such termination, this Agreement shall be null and void and of no effect, and no action, claim or demand may be based on any term or provision of this Agreement. except as otherwise expressly set forth herein. In addition the Parties agree to execute a mutual release or other instruments reasonably required to effectuate and give notice of such termination. 19. PAYMENT OF FEES AND EXPENSES. Each Party agrees to pay for its own fees, costs and expenses incurred by such Party in connection with the execution and delivery of U1is Agreement and related agreements and documents. 20. NONLIABlLITY OF OFFICiALS. AGENTS. MEMBERS. AND EMPLOYEES. Except for willful or wanton actions, no trustee, board member. commissioner, official, employee, consultant. manager, member, shareholder, attorney or agent of any Party, nor any lender to any Party or to the Project, will be personally liable under the Agreement or in the event of any default or for any amount that may become due to any Party. 2 I. ASSIGNMENT. Except as hereinafter provided, this Agreement shall not be assigned in whole or in part by eiU1er Party without the prior written consent of the other Party; provided. however, the following assignments and transfers will not require any such consent: (a) subject to written notice to the Authority from Developer containing the name and address of the lender or other party, Developer may pledge, collaterally assign or otherwise encumber all or any part of its rights under this Agreement, including wiU1out limitation its right to receive any payment or reimbursement, to any lender or other party that provides acquisition, construction. working capital, tenant improvement or other fmancing to Developer in connection with development of the Property and/or construction of the Eli&,jble Improvements, and (b) on or after Completion of Construction of U1e Project and subject to written notice to the Authority from Developer, IS Developer may assign all of its rights under this Agreement to any entity that purchases all of the Property. provided that any such entity has the fi nancial capability and experi ence to manage the Project and the Developer has provided the Authority with satisfactory evidence of such linancial capability and experience. Notw ith standing anything to the co ntrary in this Section 21. the Authority recognite that Developer may form. together with its investors, separate, special purpose enti ties to develop. own and/or operate all or a po1tion of the Property or of the Eligible improvements to be constructed thereon and that one or more assignments of all or any part of Developer's rights under th1 s Agreement may be required in connectiM with such acti\'itics and such transfer(s) will not require any consent by the Parties. 22. COOPERATION REGARDING DEFENSE. ln the event of any litigation or other legal challenge involving this Agreement, the validity of the Urban Renewal Plan. or any other 1natelial part or provision of Lllis Agreement or the ability of any Patiy to enter into this Agreement. the Parties will cooperate and jointly defend against such action or challenge. to the extent permitted by law. 23. SECTION CAPTIONS. The captions of the Section~ are set forth only for the convenience and reference or the Partie · and are not intended in any way to define. limit. or descrihe the cope or intent of this Agreement. 24. ADDIT IO NAL DOCUMENTS OR ACTION. (a) The Parties agree to execute any addi tional documents or take any adchtional action. including without limitation !!Stoppel documents reque!)ted or required by third parties. including wt thout limitation. lenders, tenants or potential purchasers, that is necc. sary to carry out this Agreement or is reasonably rcquc ·ted by any Party to eon finn or clarify U1e intent of the provision · of thi Agreemem <tnd to eOectuate the agreements and U1e intent. Notwithstanding the toregoing. however. no Party shall be obligated to execute any additional document or take any additional action unless such document or action is reasonably acceptable to such Party. (b) If all or any portion of thi s Agreement. or other agreements approved in connection wtth this Agreem~nt are asse11eu m deternune<.l to be tnvalid. illegal or are otherwise precluded, the Partte . within the scope of their powers and duties. will cooperate 1n the joint defense of such doc.:uments and, if uch detensc is unsuccessful. the Partie · will use reasonabl~. diligent good faith efforts to amend. refonn or replace such precluded items to assure. to the extent legally pcm1issible. that each Party sub ·tantially receives the benefit that it would have received under this Agreemen t. (c) The Executive Director shall have the authority to act on behalf of the Authority under this Agreement. 25. AMENDMENT. This Agreement may be amended only by an instrument in ' nting si!:,rned and delivered by the Parties. 26. WAIVER OF BREACH . A waiver by any Party to this Agreement of the breach of any term or provtsion of this Agreement must be in writing and will not operate or be construed as a waiver of any subsequent breach by any Party. I (l 27. GOVERNING LAW. The laws of the State of Colorado govem this Agreement. 28. B1NDING EFFECT. Tbjs Agreement will inure to the benefit of and be binding upon the Parties and their respective legal representati ves, successors, heirs. and assigns, pruvide<.l that nothing in this paragraph pennits the assignment of this Agreement except as set forth in Section 2 1. 29. EXECUTION JN COUNTERPARTS. This Agreement may be executed in several counterparts, each of which will be deem ed an original and all of which will constitute but one and the same instrument. 30. LIMITED THIRD-PARTY BENEFlC1ARIES. Except as hereinafter provided, this Agreement is not intended and shall not be deemed to confer any rights on any person or entity not named as a Party to this Agreement~ provided, however, that the City shaH be deemed to be a third-pa1iy beneficiary under th is Agreement to the extent that Developer or Authority have agreed to undertake certain actions for the benefit of the City. 31. NO PRESUMPTION. The Parties and their attorneys have had a full opportunity to review and participate in the drafting of the finaJ form of tllis Agreement. Accordingly. tlus Agreement will be construed without regard to any presumption or other rule of construction against the Party causing the Agreement to be drafted. 32. SEVERABILITY. If any provision of this Agreement as applied to any Party or to any circumstance is adjudged by a court to be void or unenforceable, the same wi ll in no way affect any other provision of this Agreement. the application of any such provision in any other circwnstances or the validity. or enforceability of the Agreement as a who le. 33 . MiNOR CHANGES. This Agreement has been approved in substantially the form submitted to the governing bodies of tl1e Parties. The officers executi ng this Agreement are authori zed to make and may have made, minor changes to this Agreement and attached exhibits as they have considered necessary. So long as such changes were consistent with t.he intent and understanding of the Patties at the time of approval by the governing bodies. the execution of the Agreement will constitute the approval of such changes by the respective Parries. 34. DAYS. tf tbe day for any perfonnance or event provided for herein is a Saturday, a Sunday, a day on wluch national banks are not open for the regular transactions of business, or a legal holiday pursuant to Section 24-11 -10 I (I), C.R.S., such day wi ll be extended until the next day on which such banks and state offices are open for the transaction of business. 35. GOOD FAITH OF PARTiES. ln the performance of this Agreement or in considering any requested approval, consent. acceptance, or extension of time, the Parties agree that each will act in good faith and will not act unreasonably. arbitra1ily, capriciously, or unreasonably witbhold, condition, or delay any approvaJ, acceptance, or extension of time required or requested pursuant to tl1is Agreement. 36. PARTIES NOT PARTNERS. Notwithstanding any language in thjs Agreement or any other agreement. representation, or wanan ty to the contrary. the Parties will not be deemed to be prutners or joint venturers, and no Party is responsible fo r ru1y debt or liability of any oth er Party. 17 37. NO WANER OF IMMUNITY. Nothing contained in this Agreement constitutes a waiver of sovereign immunity or governmental immunity by th e Authority under applicable state law. [The remainder of tllis page is intentionally left blank.] 18 IN WITNESS WHEREOF, this Agreement is executed by the Parties as of ___ _ 2015. WHEAT RIDGE URBAN RENEWAL AUTHORITY A TrEST: Kristi Davis, Cha1rperson Patrick Goft: Executive Director Notice Address: Wheat Ridge Urban Renewal Authority 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Attention: Patrick Goff. Executive Director Email: pgoff@ci.wheatridge.co.us Notice Address: Wes t End 38. LLC 2300 1511' Street, Suite 235 Denver. Colorado 80202 Attention: Tyler Downs Email: tdown @wazeepartners.com WEST END 38, LLC, a Colorado limited liability company By: Name: Title: IQ EXHJBIT A-1 LEGAL DESCRIPTION OF THE PROPERTY Tho e parcels ofland. situate. lying and being in the County ofJeflerson. City of Wheat Ridge. State of Colorado. including improved land. buildings and unimproved adjacent land, more particularly known and described as follows, to wit: Parcel J: Lot I, E.S. Allen Subdhri ion, containing a land area of 36,491.5 -quaJ'c feet: Parcel 2: Tax ID Parcel #39-234-00~088. containing a land area of 12.325 square feet. and a garage tacility improvement Parcel 3: Tax TO Parcel #39-234-00-089. containing a land area of 53.840 square feet, anti u residential/office building: and Parcel 4: Tax ro Parcel #39-234-00-0~ 6, containing a land area of 57.1 SO square teet. and an office/hank building. EXHIBIT A-2 LEGAL DESCRIP TION OF THE WEST END 38 TIF AREA DLUSTRAnON FOR ZONB LOT lft"CA'l'B) Df'DIB D J,ttiBC'I1&»i 11 &)IBJI$ lacrmN M. T!l, ..,..., OP'I'BKilHP.II. ClrY OPWBBATKIIXJB,aJtiR'ITOP JBPPDION, n'NIBCX'aaAADO N81"38't2•E 13UJ3' -·-~ -..... ~ POINT Of BECINNINO S88"34'4n t31.7D' VICINITY MAP 1" • 1 1LE • *"'-~ .... ,. I .,.,...--" ~ I I ~~ ·-- ZONE LOT 107,637 sa. FT .• OR 4.535 ACRES ± ...... ,. • I I GRAPHIC SCAlE t T T ( ... .um'f,.) ls-II•UIOIL A-I -I LEGAL DESCRIPTION FOR WEST END 38 TIF AREA A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHlJ> 3 SOUTH. RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, AND THE NORTHEAST 1/4 OF SECTION 26. TOWNSHIP 3 SOUTH. RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN CITY OF WHEAT RIDGE, COUNTY OF Jt:FFERSO . STATE OF COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH l/4 CORNER OF SECTION 23 FROM WHENCE THE SOUTHEAST CORNER OF SAID SECTION 23 BEARS 89°3~r24 .. E A DISTANCE OF 2633.65 FEET WIT H ALL BEARINGS HEREIN RELATIVE THERETO: THENCE N 75°46'40., E A DISTANCE OF 542.64 FEET TO TilE POINT OF BEGINNING: THENCE 00°10'12" W, ALONG T HE WEST LINE O F A PARCEL OF LAND AS DESCRJBED IN DEED RECORDED IN JEFFERSON COUNTY RECORDERS OFFICE UNDER RECEPTION NUMBER F0050611A DISTANCE OF 200.55 FEET; THENCE N 89°38'12" E. ALONG THE NORTH LINE OF SAlD PARCEL A DISTANCE OF 131 .83 FEET TO THE SOUTHWEST CORNER OF LOT l , E.S. ALLEN SUBDIVISION AS RECORDED fN JEFFERSON COUNTY RECORDERS OFFICE UNDER RECEPTION NUMBER 20 I 0000090; THENCE N 00°12'07" W, ALONG T HE WEST LINE OF SAID LOT I A DISTANCE OF 119.99 FEET: THENCE N M9°38'48" E. ALONG THE NORTH LINE OF SALD LOT I A DISTANCE OF 354.09 FEET TO THE EAST RlGHT OF WAY LINE OF UPHAM STREET AS PER EASEMENT DOCUMENT RECORDED IN JEFFERSON COUNTY RECORDERS OFFICE UNDER RECEPTION NUMBER 94113597: THENCE S 00°13'03'' E, ALONG SAID EAST RIGIIT OF WAY LINE A DISTANCE OF 483.01 FEET TO T HE SOUTH RIGHT OF WAY LINE OF WEST 381H AVENUE AS PER EASEMENT DOCUMENTS RECORDED LN JEFFERSON COUNTY RECORDERS OFFICE UNDER RECEPTION NUMBERS 90086570, 90086575, 90086572 AND 90086573: T HENCE S 89°38'24" W. ALONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 354.42 FEET: THENCE N 00°1 I '13" W. A DISTANCE OF 162 .65 FEET TO THE SOUTH LINE OF A PARCEL OF LAND AS DESCRffiED IN DEED RECORDED IN JEFFERSON COUNTY RECORDERS OFFICE UNDER RECEPTION NUMBER F0050611A: THENCE S 89°34'48" W. ALONG SAID SOUTH LINE A DISTANCE OF 131 .79 FEET TO THE POINT OF BEGINNING. CONT AJNING: I 97.537 SQUARE FEET OR 4.535 ACRES OF LAND. MORE OR LESS. EXHJ.B lT 8 DESCRfPTlON OF THE PROJECT The Project consists of the redevelopment of approximately 3.67 acres of the Property, which is located at the northwest comer of West 38th Avenue and Upham Street 1n the City of Wbeatridge. The Project is expected to be constructed in two phases. 111e Project is zoned for Mixed Use-Commercial (MU-C) and shall meet all the setbacks and design standards as per the City of Wheat Ridge zoning code. lt is expected that along 38th A venue, the Project will feature street-fronting ground floor retai l shops and restaurants with two levels of re.sidences above for a total of three stories. Further west on the Property will be a free standing bank building. Behind these two buildings will he a parking courtyard with approximately 88 parki11g spaces and a four story residential building. The residential building will include a parking structure with approximately 138 parking spaces. The Project will consist of approximately J 50 t'esidences and approximate ly 13,800 square feet of retajl space. B-1 EXHIBIT C ELIGIBLE rMPROVEME TS The Eligible Improvements are set forth in the table below. The costs tor the Eligible lmpro ements as set forth in the tab le below arc estimates. The cost amount in each lin e item in the table below mu be increased or decreased as directed by De eloper. Accordingly, cost savings in one line item may be applied to increase the amount of reimbursable costs in other line items. However, notwithstanding any other provision of this Agreement, Eligible Costs to be paid or reimbursed from the Pledged Revenues shall not exceed Four Million Eight Hundred TI1ousand Dollars ($4,800,000) as set forth in thi s A!,.rrecment. and shall be paid or reimbursed solely from Pledged Revenues in accordance with the Agreement. TOTAL ELIGIBL E IMPROVEMENTS ELIG IBLE COSTS Demoli tion and Environmental Abatement $290.869 Uti lities (Water, Sewer, Electric. Gas. Stonn 1.1 31.689 Water and Relocations/Burying Streets. Sidewalk . Pl aza. Hard cape. I .308.409 Land cap1ng and Facade Parking Garage 2.378.167 Soft Cost (Architecture, Engineering. 837.3-B Permitting. Financing. Legal and Fees) Total $5.946,476 C-1 EXHIBIT D FORM OF PROJECT COMPLETION CERTlFlC ATE Wheat Ridge Urban Renewal Authority 7500 West 291h Avenue Wheat Ridge, Colorado 80033 Attention: Executi ve Director The undersigned representative of West End 38, LLC (the "Developer") hereby makes the following cet1ificati ons in accordance with the terms and provisions of section 3.1 (a) of the Redevelopment Agreement dated as of _. 20 15 (tbe "Redevelopment Agreement") between tbe Wheat Ridge Urban Renewal Authority and Developer. All capitalized terms used herein and not otherwise defined shall have the meaniHgs set forth in the Redevelopment Agreement. The following conditions have been satisfied or waived in writing by the Executive Director: I. The Property has been acquired by the Developer. 2. Substantially all of the Eligible Improvements that are public improvements that Developer is required to install pursuant to the Subdivision improvement Agreement and the site plan have been Completed. 3. An apartment complex on the Prope11y with at least 110 apartment units has been Completed. 4. At least 8.000 square feet of retail space has been Completed on the Property. 5. No Events of Default by Developer have occurred and are continuing under the Redevelopment A&rreement. The totaJ amount of Eligible Costs for which reimbursement is requested is $ (which amount shall not exceed $4,800,000). Attached to this Certjficate is documentation related to the Elibrible Costs incurred by the Developer in connection with the financing. acquisiti on. construction and installation of the Eli gible Improvements for which such reimbursement is requested. The fo regoing certification shall constitute the Project Completion Certificate under the Redevelopment Agreement. West End 38, LLC. a Colorado limited liability company Date: __________ _ By: __________________________________ ___ Name: Title: D-1 Within thi11y (30) days of receipt of this Certificate by the Aulhority. the Authority shall complete the applicable provision below and remit to Developer: The Authority hereby eriftes that: (a) thL Pmject Completion Certjficate complies with the tenns and conditions of the Redevelopment Agreement artd that the conditions precedent set fo1th in Section 3 .I of the Redevelopment Agreement have been satisfied or waived in writing by the Executive Director, and (b) the docwnentation submitted with this Certificate is sufficient to verify that th e Reimbursement Amount req uested pursuant to this Ce11iticate has been allocated tO the r·eimbursement of Eligible Costs incurred in connection with Eligible Improvements in uccordance with th e Redevelopment Agreement. The Authority hereby notifies Developer that (a) the Authority disputes that the conditions precedent set forth in Section 3.1 of the Redevelopment Agreement hHve been satisfied or waived. and /or (b) that the documemation submitted with this Certificate is not suflicient to veri fy that the total Reimbursement Amount requested pursuam to this Certificate is for the reimbursement of' Eligible Cost incuJTed in connection with Eligible Improvements. Set forih below is a detailed explanation of the reasons why the Authority disputes that these condi tion~ precedent have been satisfied or waived or that such documentation is insufficient: WHEAT RIDGE URBAN RENEWALAUTHORITY Date:. __________ _ By:. __________________________________ _ Name: Title: D-2 EXHIB IT E FORM OF NOT E PROMISSORY NOTE MAXIMUM AMOUNT: US $4.800.000 _____ ,2015 FOR VALUE RECEIVED. WHEAT RLDG E URBAN RENEWAL AUTHORITY D/B/A/ RENEWAL WHEAT RIDGE, a public body corporate and politic duly organized and existjng as an urban renewal authority under the laws of the State of Colorado (hereinafter referred to as "Authority"), promises to pay to the order of West End 38, LLC, a Colorado limited liability company, and its successors (hereinafter referred to as "Developer"), at the offi ce of Developer, or such place as Developer may from time to time designate in writing, the maximum sum of FOUR MILLION EIGHT HUNDRED THOUSAND DOLLARS (US $4.800,000) or such Jesser amount due from the Authority to Developer pursuant to the tenns of the Redevelopment Agreement dated of even date herewith (the "Redevelopment Agreement") by and between the Authority and Developer. in lawful money of the United States of America. All capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed in the Redevelopment Agreement. This Note shall evidence the obligation of the Authori ty to pay the Reimbursement Amow1t to Developer in accordance with the tenns and provisior1s of the Redevelopment Agreement, but solely from the Pledged Revenues. No interest shall accrue on tllis Note. This Note shall mature on November 1. 2040. Notwithstanding any provisions to the contrary contained herein or in the Redevelopment Agreement, no amounts shall be due and payable under this Note unl ess or until the conditions precedent set forth in Section 3. I of the Redevelopment Agreement have been satisfied or waived by the Executive Director. All payments hereunder shall be made to Developer in accordance with the Redevelopment Ab'feemenl. This Note s hall be payable, mature and be enforceable pursuant to the tenns and provisions of the Redevelopment Agreement. Upon receipt of any payments made by the Authority on this Note, Developer shall record the payments so received on the Table of Outstanding Reimbursement Amount attached to this Note and by this reference made a part hereof. TI1i s Note shall be a special and limited obligation of the Authority payable solely from the Pledged Revenues. The Pledged Revenues are hereby pledged to the payment of thjs Note. The obligation to reimburse Developer for Eligible Costs, which obligation is evidenced by this Note, is and shall be a special and limited obligation of the Authority secured by an irrevocable pledge of. and payable solely from the Pledged Revenues. Developer may not look to any general or other fund of the Authority for the payment on this Note except tbe Pledged Revenues. This Note shall not constitute an indebtedness. financial obligation or liability of the City or the State or any cow1ty. munjcipality or publk body thereof, and neither the City. the State nor any political subdivision thereof shall be liable thereon. nor in any event shall this Note be payable ou t of any funds or properties other than the Pledged Revenues. Further. this Note shall not constitute a debt. indebtedness. financial obligation or liability of the City within the meantng of any constitutional. statutory or charter debt limitation or provision. This Note is governed by and interpreted in accordance with the laws of the State of Colorado. Pursuant to Section 11-57-210 of the Colorado Re vised Statutes, as amended, this Note is entered into pursuant to certain provision of the Supplemental Public Securities Act. being Title 11. A11icle 57, of the Colorado Re vised Statutes, as amended. Such recital shall be conclusive evidence of the validity and the regularity of the issuance of this Note after delivery for va lue. If any provision in thi Note is held invalid. illegal or unenforceable in any jurisdiction, the validity, legality or enforceability of any detective provisions shall not impair the validity, legality or entorceability of any other provision ofthis Note. All notices under this Note must be sent to the addresses given in. and irt accordance with the provisions of, the Redevelopment Agreemenl. THE PROVISIONS OF THI S NOTE MAY BE AMENDED OR REV ISE D ON LY BY AN INSTRUMENT IN WRITING S IGNED BY THE AUTHOR ITY AN D DEVELOPER. IN WITNESS WHEREOF, an authorized representative or the Wheat Ridge Urban Renewal Authority d/b/a/ Renewal Wheat Ridge bas executed this Promissory Note as of the day and year first above written. (SEAL] ATTEST Patrick Goff. Executive Director WHEAT RIDG E URBAN RENEWAL AUTHORITY Kristi Davis, Chairperson E-2 TABLE OF OUTSTANDTNG RELMBURSEMENT AMOUNT Total Reimbursement Amount Due Under thi s Note: ----- Date of Project Completion Certificate: _____ _ On each November I, the owner of this Note shall make the appropriate notation on the table below relating to the payment of amounts due on this Note. Beginning Date Outstanding BaJance Amount Paid on Note Remaining Balance E-3 EXHIBIT F FORM OF SUBDIVISION IMPROVEMENT AGR EEMENT THIS AGREEMENT made this of , by and between the CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporation (the "City"), and , (the ''Developer"). together referred to as the "Parties". RECITALS: The Developer is the owner of certain real property located in the City of Wheat Ridge, which is more particularly described In Exhibit A and made a part hereof (the "Property"), commonly known as--------------- On , the City Council of the City of Wheat Ridge , after holding all required public hearings, approved the final plat for the Property titled A copy of the Final Plat is attached hereto as Exhibit B and incorporated herein. The approvals cited above are contingent upon the express condition that all duties created by this Agreement be faithfully performed by the Developer. AGREEMENT NOW, therefore, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which are mutually acknowledged, the parties hereto agree as follows; 1. Purpose. The purpose of this Agreement is to set forth the terms, conditions, and fees to be paid by the Developer upon subdivision of the Property. All conditions contained herein are in addition to any and all requirements of the City of Wheat Ridge Subdivision Ordinance and Zoning Ordinance, the City of Wheat Ridge Charter, any and all state statutes, and any other sections of the City of Wheat Ridge Municipal Code and are not intended to supersede any requirements contained therein. 2. Other Requirements. See Exhibit attached hereto. 3. Fees. The Developer hereby agrees to pay City Development Review fees to the City for engineering, hydrological, surveying, legal, and other services rendered in connection with the review of the subdivision of the Property. 4. Parkland dedication fee-in lieu Fees in lieu of land dedication, when required , shall be calculated pursuant to the formula in Section 26-413 and shall be paid at the time of plat recordation. F-1 5. Title Policy. Prior to recording of the final plat (or, if no plat is associated with the development: prior to and as a condition of final approval of the development by the City), title commitment for all those portions of the Property, as well as any other interests in real property (easements, etc.) to be reserved for public purposes or dedicated to the City shall be provided to the City. The title commitment shall show that all such property is or shall be, subsequent to the execution and recording of this Agreement, free and clear of all liens and encumbrances (other than real estate taxes which are not yet due and payable) which would make the dedication or reservation unacceptable as the City determines in Its reasonable discretion. The City, In its sole discretion, may accept any dedication regardless of encumbrances. The title policy evidenced by the title commitment shall be provided within thirty (30) days after the recording of this Agreement, in an amount equal to the fair market value of the property so dedicated or reserved. 6. Breach by the Developer; the City's Remedies. In the event of a breach of any of the terms and conditions of this Agreement by the Developer, the City Council shall be notified immediately and the City may take such action as permitted and/or authorized by law, this Agreement, or the ordinances and Charter of the City as the City deems necessary to protect the public health. safety and welfare; to protect lot buyers and builders; and to protect the citizens of the City from hardship and undue risk. These remedies include, but are not limited to: (a) The refusal to issue any building permit or certificate of occupancy; (b) The revocation of any building permit previously issued under which construction directly related to such building permit has not commenced, except a building previously issued to a third party, (c) A demand that the security given for the completion of the Public Improvements be paid or honored, or (d) Any other remedy available at law or in equity. 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 during which thirty day period the Developer may cure the breach described in the notice. 7. Public Improvements and Warranty. All storm sewer lines, drainage structures, paved streets, curb, gutter and sidewalk, including the undergrounding of all overhead utilities, and necessary appurtenances as shown on the subdivision plat and the associated construction documents (the "Public Improvements" or ''Improvements") as approved by the Director of Public Works or designee of the City, shall be installed and completed at the expense of the Developer within the timeframes set forth in Section 10 of this Agreement. The itemized costs of the Public Improvements required by this Agreement and shown on the construction documents approved by the Director of Public Works of the City are set forth on Exhibit C. All Public Improvements covered F-2 by this Agreement shall be made in accordance with the construction documents drawn according to regulations and construction standards for such improvement and approved by the Director of Public Works of the City. It is understood by the Parties that the description of the Public Improvements may be general in nature, and that reasonable modifications of th e scope, nature, costs, and similar aspects of the Public Improvements may be necessary to secure final approval of the Public Improvements. The quantities and locations for the Public Improvements are based on information that was available at the time of approval of the Final Plat. Additional Public Improvements may be required. and Developer shall be responsible for submitting revisions to the Final Plat approved by the City. The Public Improvements shall be substantially complete, with only such exceptions as shall be approved in advance by the Director of Public Works in the exercise of his or her sole discretion, prior to the issuance of the first Building Permit. The Developer shall also warrant any and all Public Improvements which are conveyed to the City pursuant to this Agreement for a period of two (2) years from the date the City's Director of Public Works certifies that the same conforms to the specifications approved by the City. Specifically, but not by way of limitation, the Developer shall warrant the following: (a) That the title conveyed sha ll be marketable and its transfer rightful; (b) Any and all facilities conveyed shall be free from any security interest or other lien or encumbrance; and (c) Any and all facilities so conveyed shall be free of defects in materials or workmanship for a period of two (2) years as stated above. (d) To the degree the Developer is required to install and maintain landscaping on public or private property, it is the obligation of Developer and its successors and assigns, to maintain the required landscaping in perpetuity. The City will finally accept for maintenance all Public Improvements, exclusive of landscaping materials, after the warranty period has expired provided all warranty work has been completed. The City shall accept for snow removal purposes only, all dedicated public streets after the City issues the first certificate of occupancy. 8. Installation of Traffic Signal. A traffic signal may be required to serve this development. Determination of the need for the signal shall be made by the City's Public Works Director, hereinafter "Director'', prior to building permit issuance and based upon a traffic study for this development approved by the City. The Developer shall provide collateral for the estimated cost of installation of the traffic signal prior to building permit issuance. if the Director has determined that a signal is needed. Prior to bu ild ing permit issuance, the Developer shall provide traffic signal plans for approval by the Developer and the Colorado Department of Transportation. F-3 The Developer shall notify the City in writing, a minimum of one hundred sixty (160) days prior to the desired time of installation/modification of the traffic signal in order to allow the City to coordinate the timing of the traffic signal improvements. If the Director approves installation of the signal based on meeting traffic warrants, the City shall then notify the Developer in writing of the exact amount required for the traffic signal improvements. The Developer shall then make payment to the City in cash for the required amount within sixty (60) days of receipt of such letter. The City will not commence traffic signal improvements until the Developer has paid to the City the total amount determined by the Director to be the total cost of improvements. 9. Observation. Inspection and Testing. The City shall have the right to require reasonable engineering observations and testing at the Developer's expense. Observation and testing, acquiescence in, or approval by any engineering inspector of the construction of physical facilities at any particular time shall not constitute the approval by the City of any portion of the construction of such Public Improvements. Such approval shall be made by the City, only after completion of construction and in the manner hereinafter set forth. 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 shall. within a reasonable time after presentation, make decisions in writing on all claims of Developer and on all other matters relating to the execution and progress of the work or the interpretation of this Agreement, the master plan and specifications. All such decisions of the Director shall be finaL The Director shall make all determinations of amounts and quantities of work performed hereunder. To assist him in this work Developer shall make available for inspection any records kept by Developer. The Director shall make all determinations of amounts and quantities of work performed hereunder. To assist him In this work Developer shall make available for inspection any records kept by Developer. The Director and his authorized representatives shall have free access to the work at all times. and Developer shall furnish them with facilities for ascertaining whether the work being performed , or the work which has been completed, is in accordance with the requirements of the Agreement. The Director will make periodic observations of construction (sometimes commonly referred to as ''supervision"). The purpose of these observations and construction checking is to determine the progress of the work and to see if the work is being performed in accordance with the plans and specifications. He will in no way be F-4 responsible for how the work is performed , safety in . on, or about the job site. methods of performance, or timeliness in the performance of the work. 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 inspectors will not be authorized to alter the provisions of this Agreement or any specifications or to act as foreman for Developer. The Inspector will have authority to reject defective materials and to suspend any work that is being done improperly, subject to the final decision of the Director. 10. Completion of Public Improvements. The obligations of the Developer provided for in paragraph 6 of this Agreement, including the inspections hereof, shall be performed on or before , and proper application for acceptance of the Public Improvements shall be made on or before such date. Upon completion of construction by the Developer of such Improvements, the City's Director of Public Works or designee, shall inspect the Improvements and certify with specificity its conformity or lack thereof to the City's specifications. The Developer shall make all corrections necessary to bring the Improvements into conformity with the City's specifications. Once approved by the City's Director of Public Works. the City shall accept said Improvements upon conveyance; provided, however, the City shall not be obligated to accept the Public Improvements until the actual costs described in this Agreement are paid in full by the Developer. 11 . Protection. Developer, at its expense, shall continuously maintain adequate protection of all Improvements from damage prior to acceptance by the City and shall protect the City's property from injury and loss arising in connection with this Agreement. Developer shall make good any such damage, injury or loss except such as may be caused directly by authorized agents or employees of the City. Developer shall adequately protect adjacent property and shall provide and maintain all passageways, guard fences, lights and other facilities for protection required by public authority or local conditions. Developer shall be responsible for damage to any public and private property on and adjacent to the site of Developer's Improvements caused by negligent or willful acts of Developer, its agents or subcontractors. Developer shall take all reasonable effort necessary to prevent damage to pipes, conduits, and other underground structures and to overhead wires, and to water quality. Developer shall protect carefully from disturbance or damage all land monuments and property marks until an authorized agent of the City has witnessed or otherwise referenced their location, and shall not remove them until directed. When any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the construction of Improvements, or in consequence of the non-execution thereof on his part, such damaged property shall be restored by Developer at its own expense to a condition similar or equal to that existing before such damage or injury. F-5 Developer shall at all times, whether or not so specifically directed by the Director, take necessary precautions to insure the protection of the public. Developer shall furnish, erect and maintain, at its own expense, all necessary barricades, suitable and sufficient red lights, construction signs. provide a sufficient number of watchmen. and take all necessary precautions for the protection of the work and safety of the public through or around his construction operations as Developer and the Director shall deem reasonably necessary. 12. Related Costs-Public Improvements. The Developer shall provide all necessary engineering designs, surveys, field surveys, testing and incidental services related to the construction of the Public Improvements at its sole cost and expense, including final drainage study letter certified accurate by a professional engineer registered in the State of Colorado. 13. Improvements to be the Property of the City. All Public Improvements for roads, concrete curb and gutters, public storm sewers and public drainage improvements accepted by the City shall be dedicated to the City and warranted for a period of twenty-four (24) months following acceptance by the City, as provided above. 14. Performance Guarantee. In order to secure the construction and installation of the Public Improvements the Developer shall, prior to recording the Final Plat, if applicable, in the real estate records of Jefferson County, which recording shall occur no later than ninety (90) days after the execution of this Agreement, furnish the City, at the Developer's expense, with the Performance Guarantee described herein. The Performance Guarantee provided by the Developer shall be an irrevocable letter of credit in which the City is designated as beneficiary, for one hundred twenty-five percent (125%) of the estimated costs of the Public Improvements to be constructed and installed as set forth in Exhibit C, if applicable to secure the performance and completion of the Public Improvements as required by Section 26-418 Security for Required Improvements, of the Wheat Ridge Subdivision Regulations. The Developer agrees that approval of this Agreement by the City is contingent upon the Developer's provision of an irrevocable letter of credit to the City within ninety (90) days of the execution of this Agreement in the amount and form provided herein. Failure of the Developer to provide an irrevocable letter of credit to the City in the manner provided herein shall negate the City's approval of this Agreement. Letters of credit shall be substantially in the form and content set forth in Exhibit D, if applicable, and shall be subject to the review and approval of the City Attorney. The Developer shall not start any construction of any public or private improvement on the Property including, but not limited to, staking. earthwork, overlot grading or the erection of any structure, temporary or otherwise, until the City has received and approved the irrevocable letter of credit. The estimated costs of the Public Improvements shall be a figure mutually agreed upon by the Developer and the City's Director of Public Works, as set forth in Exhibit C if applicable. If, however, they are unable to agree, the Director of Public Works' estimate shall govern after giving consideration to information provided by the F-6 Developer including, but not limited to, construction contracts and engineering estimates. The purpose of the cost estimate is solely to determine the amount of security. No representations are made as to the accuracy of these estimates, and the Developer agrees to pay the actual costs of all such Public Improvements. The estimated costs of the Public Improvements may increase in the future. Accordingly, the City reserves the right to review and adjust the cost estimate on an annual basis. If the City adjusts the cost estimate for the Public Improvements. the City shall give written notice to the Developer. The Developer shall, within thirty (30) days after receipt of said written notice, provide the City with a new or amended letter of credit in the amount of the adjusted cost estimates. If the Developer refuses or fails to so provide the City with a new or amended letter of credit, the City may exercise the remedies provided for in this Agreement; provided, however, that prior to increasing the amount of additional security required. the City shall give credit to the Developer for all required Public Improvements which have actually been completed so that the amount of security required at all time shall relate to the cost of required Public Improvements not yet constructed. In the event the Public Improvements are not constructed or completed within the period of time specified by paragraph 9 of this Agreement or a written extension of time mutually agreed upon by the parties to this Agreement, the City may draw on the letter of credit to complete the Public Improvements called for in this Agreement. In the event the letter of credit is to expire within fourteen ( 14) calendar days and the Developer has not yet provided a satisfactory replacement, the City may draw on the letter of credit and either hold such funds as security for performance of this Agreement or spend such funds to finish Public Improvements or correct problems with the Public Improvements as the City deems appropriate. Upon completion of performance of such improvements, conditions and requirements within the requireq time, the Developer shall issue an irrevocable letter of credit to the City in the amount of twenty-five percent (25%) of the total cost of construction and installation of the Public Improvements, to be held by the City during the warranty period . If the Public Improvements are not completed within the requ ired time, the monies may be used to complete the improvements. 15. Indemnification. The Developer shall indemnify and hold harmless the City and its officers, employees, agents or servants from any and all suits, actions, and claims of every nature and description caused by, arising from or on account of this Agreement any act or omission of the Developer. or of any other person or entity for whose act or omission the Developer is liable, with respect to the Public Improvements: and the Developer shall pay any and all judgments rendered against the City as a result of any suit, action, or claim, together with all reasonable expenses and attorney's fees and costs incurred by the City in defending any such suit, action or claim. The Developer shall pay all property taxes on the Property dedicated to the City and shall indemnify and hold harmless the City for any property tax liability. F-7 16. Waiver of Defects. In executing this Agreement, the Developer waives all objections it may have concerning defects, if any, in the formalities whereby it is executed . or concerning the power of the City to impose conditions on the Developer as set forth herein, and concerning the procedure, substance, and form of the ordinances or resolutions adopting this Agreement. 17. Third Party Beneficiaries. There are and shall be no third party beneficiaries to this Agreement. 18. Modifications. This in strument embodies the whole agreement of the Parties. There are no promises, terms, conditions. or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations. or agreements, either verbal or written, between the parties. There shall be no modification of this Agreement except in writing, executed with the same formalities as this instrument. Subject to the conditions precedent herein, this Agreement may be enforced in any court of competent jurisdiction. 19. Release of Liability. 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. 20. Captions. 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. 21 . Binding Effect. 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. 22. 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. 23. Invalid Provision. If any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then such 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 constru ctions, 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. 24. Governing Law. The laws of the State of Colorado shall govern the validity, performance and enforcement of this Agreement. Should either party institute F-8 legal suit or action for enforcement of any obligation contained herein, venue of such suit or action shall be in Jefferson County, Colorado. 25. Attorneys 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. 26. Notice. All notices required under this Agreement shall be in writing and shall be hand delivered or sent by registered or certified mail, return receipt requested . postage prepaid, to the addresses of the parties herein set forth. All notices so given shall be considered effective seventy-two (72) hours after deposit in the United States mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent Notice to Developer: Notice to City: Director of Public Works 7500 West 29th Avenue Wheat Ridge , CO 80033 27. Force Majeure. Whenever the Developer is required to complete the construction, repair, or replacement of Public Improvements by an agreed deadline, the Developer shall be entitled to an extension of time equal to a delay In completing the foregoing due to unforeseeable causes beyond the control and without the fault or negligence of the Developer including, but not restricted to , acts of God , weather. fires and strikes. 28. Assignment or Assignments. There shall be no transfer or assignment of any of the rights or obligations of the Developer under this Agreement without the prior written approval of the City. 29. Recording of Agreement. This Agreement shall be recorded in the real estate records of Jefferson County and shall be a covenant running with the Property in order to put prospective purchases or other interested parties on notice as to the terms and provisions hereof. 30. Title and Authority. The Developer,-------------- expressly warrants and represents to the City that it is the record owner of the property F-9 constituting the Property and further represents and warrants, together with the undersigned individual(s) that the undersigned individual(s) has or have full power and authority to enter into this Subdivision Improvement Agreement. The Developer and the undersigned individual(s) understand that the City is relying on such representations and warranties in entering into this Agreement. W HEREFORE, the parties hereto have executed this Agreement on the day and year first above written. By: ATTEST : Janelle Shaver, City Clerk APPROVED AS TO FORM: Gerald Dahl, City Attorney STATE OF COLORADO CITY OF WHEAT RIDGE, COLORADO Joyce Jay, Mayor DEVELOPER By: __________________________ __ ) ) SS. COUNTY OF _______________________ ~ The foregoing instrument was acknowledged before me this ___ day of _____________ ,, 20 ___ . by _____________________ , as _________________ of ____________________________ _ Witness my hand and official seal. My commission expires:---------------- Notary Public (SEAL ) F-10 EXIDBITB WEST END 38 COOPERATION AGREEMENT BETWEEN THE CITY OF WHEAT RIDG E AND WHEAT RIDGE URBAN RENEWALAUTHORJTY THIS WEST END 38 COOPERA TTON AGREEMENT (this "Agreement") dated as of December 14, 2015, is made and entered into between the CJTY OF WHEAT RIDGE, COLORADO (the "City'') and the WHEAT RlDGE URBAN RENEWAL AUTHORITY d/b/a! RENEWAL WHEAT RlDGE (the "Authority''). WHEREAS. the City is a Colorado hollle rule municipality with all the powers and authority granted pursuant to Article XX of the Colorado Constitution and its home rule charter (the "Charter"); and WHEREAS, the Authority is a Colorado Urban Renewal Authority, with all tbe powers and authority granted to it pursuant to TitJe 31. Article 25, Part l, Colorado Revised Statutes ("C.R.S.") (the ''Urban Renewal Law''); and WHEREAS, pursuant to A11icle XIV of d1e Colorado Constitution, and Title 29, Article 1, Part 2, C.R.S., the City and the Authority are authorized to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each govenunental entity: and WHEREAS, an urban renewal plan known as the West End 38 Urban Renewal Plan (the "Urban Renewal Plan" or tbe "Plan") for the area described therein (the "Urban Renewal Area") has been prepared and will be considered for approval by the City Council of the City pursuant to the requirements of Urban Renewal Law; and WHEREAS, this Agreement shall take effect only upon the approval of the Urban Renewal Plan by the City Council of the City; and WHEREAS, West End 38, LLC (the .. Developer") has acquired title to, or has a letter of intent to purchase, certain real property consisting of approximately 3.67 acres, which is located at the northwest comer ofWest 38th Avenue and Upham Street (the "Property"), whicb is in the Urban Renewal Area~ and WHEREAS, the Developer has submitted a proposal to the City and the Authority to redevel.op the Property (the "Project''); and WHEREAS. the Proj ect is being undertaken to faci litate the elimination and prevention of blighted areas and to promote redevelopment, conservation and rehabilitation of the Urban Renewal Area; and WHEREAS. pursuant to section 31-25-112, C.R.S .. the City is specifica lly authorized to do all things necessary to aid and cooperate with the Authority in connection with tl1e pl anmng or undertaking of any urban renewal plans, projects, programs, works. operati ons. or activities of the Authority. to enter into agreements with the Authority respecting such acti ons 10 be taken by the City. and appropriating funds and making such ex penditures of its fund s to aid and cooperate with the Authority in undertaking the Project and carrying out the Plan~ and WHEREAS. the Authority and the Developer ha e entered into a Redevelopment Agreement dated as of October _. 20 15 (the ''Redevelopment Agreement") that sets forth the rights and res ponsibilities of each party with respect 10 £he finan cing and construction of the ProJect; and WHEREAS. capitalized tenns used herein and not otherwise defined shall have the meanings set forth in the Redevelopment Agreement: and WHEREAS, under the Redevelopment Agreement. the Developer has agreed to initjaJl y fu nd the design. acquisition. construction and installation of certain Eligible Improvements for the Project; and WHERE AS. subject to the terms and provisions of the Redevelopment Agreement. the Developer wi ll be reimbursed for Eligible Costs incurred on the Elig1ble Improvements in a maximum amount of $4,800.000 (the "Reimbursement Amount") from the proceeds of th e Pledged Tax Increment Revenues generated by the Project (the "Pledged Revenues''); and WHEREAS, the Authority will execute and deliver a promissory note (the "Note .. ) to the Developer 10 evidence its obligation to pay the Reimbursement Amount. subject to the tem1s and provisions of rhe Redevelopment Agreement, which No te shaU be a special and limited obligation of the Authority payable solely from the Pledged Revenues. NOW. THEREFORE. in consideration of the muntal promises set fcmh below. the City and the Authority agree as follows: I. COOPERATION. (a) The City shall continue to make available such employees of the City as may be necessary and appropriate to assist the Authmity in caJTyi ng out any authorized duty or activity of th e Authority pu rsuant to the Urban Renewal Law. the Plan. or at1 y other lawfull y authorized duty or activity of the Authority. {b) The City agrees to assist th e Authority by pursuing all lawful procedures and remedies a ailable to it to collect and transfer to the Authority on a timely basis all Pledged Sales Tax Increment Revenues for deposit into the Project Account of the Special Fund. The City agrees that so long as the Note remains outstanding, that by tbe last business day of each month that it will remit to the Authority for deposit into the Project Account of the Special Fund all Pledged Sales Ta;"< lncre1nent Revenue collected by the Ci ty in such month. 2 (c) To the extent lawfully possible, the City wi ll take no action that would have the effect of reducing tax collections that constitute Pledged Tax Increment Revenues. 2. GENERAL PROVISIONS. (a) Separate Entities. Nothing in this Agreement shall be interpreted in any manner as constituting the City or its officials, representatives, consultants, or employees as the agents of the Authority, nor as constituting the Authority or its officials, representatives, consultants, or employees as agents of the City. Each entity shall remain a separate legal entity pursuant to applicable law. Neither party shall be deemed hereby to have assumed the debts, obligations. or liabil ities of the other. (b) Third Parties. Neither the City nor the Authority shall be obHgated or liable under the tenns of this Agreement to any person or entity not a party hereto, provided, however, that so long as the Note is outstandjng. the owner of the Note shall be a third party beneficiary to lhe provisions hereo f related to the collection and remittance to the Authority of the Pledged Sales Tax Increment Revenues. (c) Modifications. No moditication or change of any provtston in tl1is Agreement shall be made, or construed to have been made, un less such modificati on is mutually agreed to in writing by both parties and incorporated as a written amendment to tllis Agreement. Memoranda of understanding and correspondence shall not be construed as amendments to the Agreement. (d) Entire Agreement. Thjs Agreement shall represent the entire agreement between the pruiies with respect to the subj ect matter hereof and shall supersede all prior negotiations, representations, or agreements, either written or oral, between the parties relating to the subject matter of this Agreement and shall be independent of and have no effect upon any other contracts. (e) Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. (f) Assignment. Except as hereinafter provided, this Agreement shalJ not be assigned, in whole or in part, by either party without the written consent of the other; provided that this Agreement may be assigned or pledged without the written consent of the parties hereto to secure the payments due on the Note. (g) Waiver. No waiver of a breach of any provision of this Agreement by either party shall constitute a waiver of ru1y other breach or of such provision. Failure of either party to enforce at any time, or from time to time, ru1y provision of this Agreement shaH not be construed as a waiver thereof. The remedies reserved in this Agreement shall be cumulative and additional to any other remedies in law or in equity. 3 IN WITNESS WHEREOF, this Agreement is executed by the Parties as of __ 2015. C ITY OF WHEAT RIDGE. COLORADO By:. ______________ _ Joyce l::l y. Mayor (SEA L) Attest: Janelle Shave!", Ci ty Clerk APPROVED AS TO FORM Gerald Dahl. City Attomey WHEAT RIDGE URBAN REN EWAL AUTHORJTY ATTEST : Kristi Davis. Chairperson Patrick Goff. Executive Director ' • # .. ~ .. City of JP'WheatRgge ITEM NO: _11_. DATE: December 14,2015 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO RECONSIDER COUNCIL BILL NO. 22-2015 -AN ORDINANCE REPEALING AND REENACTING ARTICLE U OF CHAPTER 9 AND AMENDING ARTICLE II OF CHAPTER 17 OF THE WHEAT RlDGE CODE OF LAWS TO REGULATE SMOKING IN PUBLIC PLACES 0 PUBLIC HEARING [8} BIDS/MOTIONS 0 RESOLUTIONS 0 ORDINANCES FOR 1 sr READING (9/2812015) 0 ORDINANCES FOR 2N° READING (10112/2015) QUASI-JUDIC IAL: 0 YES [8) NO ?f7 L£~Ai£bp7 City Attorney g~ ISSUE: The Council adopted th is ordinance on second reading on October 12, 2015, to align the Code of Laws with the Colorado Clean Indoor Air Act (CClAA). This ordinance made several amendments to the Code of Laws, including: • Broadening the definition of"smoking" to include vaping and all other means of consumption that release secondhand smoke, vapor or particles into the air • Prohibiting outdoor smoking at City parks, playgrounds and facili ties and at City events. such as the Carnation Festival • Prohibiting smoking at public transit stops • Permitting smoking within all areas of outdoor patios of restaurants and bars • Expressly prohibiting hookah bars • Reaffinning and referencing the City's e)listing Code sections that prohibit the "open and public" consumption of marijuana and the operation of ma1ijuana dubs PRIOR ACTION: Subsequent to the October I 2 adoption of the ordinance on second reading. the Council heard additional comments from the public, and in response, under the Council Rules of Order and Counci l A~.·tJon Form -Smoking Ordinance December 14,2015 Page 2 Procedure. adopted a proper motion to recons1der the ordi nance. Council asked that the ordinance be discussed at study session for the purpose of gaining more inforrnatjon on" pecialty vaping store~," and the degree Lo which smoking (including vapj ng ofliquids in electronic cigarettes and other devices) should be pem1itted in those locations. That srudy session was conducted. and the Council directed that the City Attorney make the following additional changes to the ordinance: • Delete the terms "including liquid" from the definition of tobacco • Create a new category of business -"specialty wtping store;· where smoking, including vapi ng of liquids, would be permit!ed. • Make necessary confom1ing amendments to accomplish these changes. Fl ANCIAL IMPACT: The financinJ impact to the City is projected to be nominal. TI1ere may be an increase in munic1pal court fines collected for violations of the ne\! Code pro isions prosecuted in the Wheat Ridge Municipal Court. 8 CKGROUNO: The City Attorney has made the changes requested by Council. The proper procedure is for Council to take the matter up for action at its December 14 regular meeting. Rccommen<.Jed motions to reconsider and amend the ordinance arc given below. OPTIONS FOR COUNCIL ACTIO : I . Approve tJ1e ordinance as presented: 2. Approve the ordinance with additional amendment(s); or 3. Postpone ~;onsideration oftJ1e ordinance indefinitely. RECOMME OE D MOTIONS: ''I move to reconsider Council Bill No. 2?-20 I 5. Ordinance No 1584. Series of20 15. an ordinance repealing and reenacting Article [I of Chapter 9 and amending Article II of Chapter 17 of the \Vheat Ridge Code of Laws to regulate smoking in public places. and further to amend the . arne upon recnnstderatJon in the fom1 provided by the City Attomcy:' Or. "I move to postpone indefinitely Council Bill No. 22-2015, an ordinance repealing and reenacting Article II of Chapter 9 and amending Article JJ ofChapter 17 of the Wheat Ridge Code of Laws to regulate smoking in public places. for the following reason(s) ------ REPORT PREPARED/REVIEWED BY; Gerald Dahl. City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Red line of Council Bill o. 22-2015; Ordinance 1584, amended on reconsideration 2. Final Council Bill No. 22-2015: Ordinance 1584. amended on reconsideratjon CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER WOODEN Council Bill No. 22 Ordinance No. 1584 Series of 2015 TITLE: AN ORDINANCE REPEALING AND REENACTING ARTICLE II OF CHAPTER 9 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING SMOKING IN PUBLIC PLACES WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS. pursuant to Its home rule authority and C.R.S. § 31-15-401, the City. acting through Its City Council (the "Council"). is authorized to adopt rules and regulations prohibiting certain conduct and defining general offenses that harm or pose a threat to the public health, safety or welfare; and WHEREAS, the Council finds that the smoking of tobacco or of any other plant or substance in certain areas is a form of air pollution that threatens the public health, safety and welfare, and that secondhand smoke is a cause of disease. including lung cancer, heart disease, respiratory infection and decreased respiratory function and, as such, there is no safe level of exposure to secondhand smoke; and WHEREAS, the Council finds that the legislature of the State of Colorado (the "State") adopted the Colorado Clean Indoor Air Act in Part 2 Article 14 of Title 25, Colorado Revised Statues (the "Act"), and that the Act authorizes local jurisdictions to adopt local smoking regulations that are no less stringent than the Act's provisions: and WHEREAS, the Council desires to prohibit smoking in most areas within the City that are open to the public in a manner that is not less stringent that the provisions in the Act; and WHEREAS, pursuant to its home rule authority, its police power, C.R.S. § 25-14-207 and Section 16. Article XVIII of the Colorado Constitution ("Amendment 64"), the City possesses the authority to regulate and prohibit the indoor smoking of marijuana and the consumption of marijuana that is conducted openly and publicly or in a manner that endangers others; and WHEREAS, the Council finds that it is prudent to include marijuana smoking and marijuana consumption generally within any prohibition of smoking in public places to minimize the exposure of citizens to secondhand environmental smoke, vapor, fumes and odor; to minimize the opportunities of minor children to observe marijuana consumption; and to remain consistent with the explicit prohibition of open and public consumption of marijuana as set forth In Amendment 64. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Attachment 1 Section 1. Article II of Chapter 9 of the Wheat Ridge Code of Laws, concerning smoking in public places, is hereby repealed and reenacted, to read in its entirety as follows: ARTICLE II-SMOKING IN PUBLIC PLACES Sec. 9·21. Legislative Intent. The City Council finds, determines and declares that it ls in tn~ best interest of the people of this City to protect nonsmokers from involuntary exposure to environmental smoke in most areas open to the public. public meetings, food service establishments. and places of employment. The City Council further finds. determines and declares that a balance should be struck between the health concerns of nonconsumers of tobacco and marijuana products and the need to mmimize unwarranted governmental intrusion into, and regulation of, private sphefes ot conduct and choice with respect to the use or nonuse of tobacco and marijuana products In certain designated public areas and In private places. Therefore. the City Council hereby declares that the purpose of this Article tS to preserve and improve the health, comfort, and environment of the people of this City by limiting exposure to tobacco and marijuana smoke. Sec. 9·22. Definitions. The following words, terms and phrases. when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Auditorium means the part of a public buildtng where an audience gathers to attend a performance. and includes any corridors. hallways, or lobbies adjacent thereto. Bar means any area that is operated and licensed under Article 47 of Title 12. C.R.S .. primarily for the sale and service of alcohol beverages for on- premises consumption and where the service of food is secondary to the consumption of such beverages. Cigar-tobacco bar means a bar that, in the calendar year ending December 31, 2005, generated at least rive percent or more of its total annual gross income or fifty thousand dollars in annual sales from the on-site sale of tobacco products and the rental of on-site humidors. not including any sales from vending machines. In any calendar year after December 31, 2005, a bar that falls to generate at least five percent of its total annual gross Income or fifty thousand dollars in annual sales from the on-site sate of tobacco products and the rental of on-site humidors shall not be defined as a "cigar-tobacco bar" and shall not thereafter be included in the definitlon regardless of sales figures. Employee means any person who, regardless of whether such person is referred to as an employee, contractor, independent contractor. or volunteer or 2 by any other designation or title, either: (I) performs any type of wo~ for benefit of another in consideration of direct or indirect wages or profit; or (II) provides uncompensated wo~ or services to a business or nonprofit entity. Employer means any person. partnership, association. corporation, or nonprofit entity that employs one (1) or more persons. Employer includes. without limitation, the legislative, executive, and judicial branches of state government any county, city and county, city, or town, or instrumentality thereof, or any other political subdivision of the state, special district, authority, commission or agency: or any other separate corporate instrumentality or unit of state or local government. Entryway means the outside of any doorway leading Into the indoor area of any bulldjng or fac•lity that is not exempted from this Article under Section 9-24. Entryway also includes the area of public or private property within fifteen (15) feet of the doorway. Environmental smoke or secondhand smoke means gases, particles and vapors released Into the air as a result of the combustion, electrical ignition, vaporization or heating of any substance. Including but not limited to tobacco, nicotine or a marijuana product, also known as "sidestream smoke,· and such gases, particles and vapors that are exhaled by the smoker. Food service establishment means any indoor or outdoor area or portion thereof in which the principal business is the sale of food for on-premises consumption. The term includes, without limitation, restaurants, cafeterias, coffee shops, diners, sandwich shops, and short-order cafes. Hookah bar is an establishment where patrons by themselves or by sharing with others smoke tobacco. marijuana or similar products from a communal hookah or nargile or similar device. Indoor area means any enclosed area or portion thereof. The opening of windows or doors, or the temporary removal of wall panels, does not convert an indoor area into an outdoor area. Marijuana means all parts of the plant of the genus cannabis, whether growing or not, the seeds thereof. the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin, including marijuana concentrate. It does not include industrial hemp, fiber produced from the stalks, oil or cake made from the seeds of the plant, or sterilized seed of the plant which is Incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food , drink, or other product, If these items exist apart from any other item defined as marijuana. 3 Marijuana products means products that are comprised of marijuana and other ingredients and are intended to be consumed by smoking or inhalation. Place of employment means any 1ndoor area or portion thereof under the control of an employer in which employees of the employer perform services for, or on behalf of, the employer. Public building means any building owned or operated by: (1) The state, including the legislative, executive. and judicial branches of state government: (2) Any county. city and county, city, or town. or Instrumentality thereof, or any other political subdivision of lhe state, a special district. an authority, a commission, or an agency of any of the same: or (3) Any other separate corporate instrumentality or unit of stale or local government. Public meeting means any meeting open to the public pursuant to Part 4 of Article 6 of Title 24. C.R.S., or any other law of the state. Retail smokmg accessory business means a sole proprietorship. corporation, partnership or other enterprise engaged primarily in the sale or promotion of smoking devices. accessories or paraphernalia, such as but not limited to ,YaflaFic:iAg ~e·1lses, pipes, chillums. bongs. hookahs and ,elestreAis sigarettes aA~ products Intended for use in connection with such devices, and 1n which lhe sale, manufacture or promotion of other products is merely incidental Retail tobacco business means a sole proprietorship, corporation, partnership or other enterprise engaged primarily In lhe sale or promotion of tobacco or tobacco products at retail, and in which the sale. manufacture or promotion of other products Is merely incidental. Smoke-free work area means an indoor area in a place of employment where smoking is prohibited under this Chapter. Smokmg means the burning, heating, electrical ignition or vaporization of a cigarette, cigar. p1pe, or any other similar product. matter or substance that contains tobacco. n1cotine, marijuana. any other substance, or any combination thereof, and the inhaling and exhaling of environmental smoke created thereby. Specialty Vapmg Store means a sole propnetorship. coroorat1on. pannership or olher enterprise operating as a retail outlet denving the majority of 1ts revenue from the sale at retail of electronic smoking devices or other electronic smokmg products and accessories.(IASe~ 1) 4 > FonNtted: 5111W!hrough FonNtted: ~rough Tobacco means cigarettes. cigars, cheroots, stogies, and periques; granulated, plug cut, crimp cut, ready rubbed. and other smoking tobacco; snuff and snuff flour; cavendtsh; plug and twist tobacco: fine-cut and other chewing tobacco; shorts, refuse scraps, clippings. cuttings, and sweepings of tobacco; and other kinds and forms of tobacco. prepared in such manner as to be suitable for chewing or for smoking in a cigarette, pipe, or otherwise, or both for chewing and smoking. Tobacco also Includes cloves and any other plant matter, or produc~ iAsl~eiAg 11~1:1id, excluding marijuana and marijuana products, that is packaged for smoking. Work area means an area in a place of employment where one or more employees are routinely assigned and perform services for or on behalf of their employer. Sec. 9-23. General smoking restrictions. (a) Except as provided in Section 9-24, and in order to reduce the levels of exposure to environmental smoke, smoking shall not be permitted and no person shall smoke in any indoor area. including but not limited to: (1) Public meeting places; (2) Elevators: (3) Government-owned or operated means of mass transportation, including, but not limited to, buses, vans, and trains; (4) Taxicabs and limousines: (5) Grocery stores: (6) Gymnasiums: (7) Jury waiting and deliberation rooms; (8) Courtrooms; (9) Child day care facilities: (10) Health care facilities including hospitals, health care clinics, doctor's offices. and other health care related facilities; ( 11) (A) Any place of employment that is not exempted; 5 { Fonnatted: Stnkeltlrough (B) In the case of employers who own facilities otherwise exempted from this Article, each such employer shall provrde a smoke-free work area for each employee requesting not to have to breathe environmental tobacco smoke. Every employee shall have a right to work in an area free from environmental tobacco smoke, (12) Food service establishments; (13) Bars; (14) Limited gaming facilities and any other facilities 1n wh1ch any gaming or gambling activity is conducted: (15) Indoor sports arenas. (16) Restrooms, lobbies, hallways, and other common areas 1n public and private buildings. condominiums. and other multiple-unit residential facilities; ( 17) Rest rooms, lobbies, hallways, and other common areas rn hotels and motels. and in at least seventy-five percent (75%) of the sleeping quarters within a hotel or motel that are rented to guests; (1 6) Bowling alleys. (19) Billiard or pool halls; (20) Facrlities rn which games of chance are conducted, (21) The common areas of retirements facilities. publicly owned housing facilities, and, except as specified in section 9-24(6), nurs1ng homes, not including any resident's private residential quarters or areas of assisted living facilities specified fn Section 9-24(6): (22) Public buildings; (23) Aud1toria: (24) Theatres: (25) Museums. (26) Ubraries; (27) To the extent not otherwrse provided in Section 25-14-103.5, C.R.S .. public and nonpublic schools; 6 (28) Other educational and vocational institutions: (29) Retail smoking accessory businesses; (30) The entryways of all buildings and facilities listed in paragraphs (a)(1) through (a)(29) of this Section. {b) Except as provided in Section 9-24, and in order to reduce the levels of exposure to environmental smoke, smoking shall not be permitted and no person shall smoke in the following outdoor areas: (1) The following facilities and areas of any public property within the City: a. Parks, playgrounds, swimming pools, recreation facilities, skate parks, athletic fields, picnic shelters, tennis courts, greenbelts, trails and open space and similar locations; and b. Outdoor locations to which the general public has access to participate in City events, such as the Carnation Festival and other City events. (2) Transit stops, including light-rail platforms and bus stops, with or without benches and/or shelters. (c) Nothing herein shall be deemed to permit the consumption of marijuana that is conducted openly and publicly, in a manner that endangers others or otherwise violates state law. Sec. 9-24. Exceptions to smoking restrictions. (a) This Article shall not apply to: (1) Private homes. private residences, and private automobiles: except that Section 9-23 of this Article shall apply If any such home. residence, or vehicle is being used for child care or day care or if a private vehicle is being used for the public transportation of children or as part of health care or day care transportation; (2) Limousines under private hire: {3) A hotel or motel room rented to one (1) or more guests if the total percentage of such hotel or motel rooms In such hotel or motel does not exceed twenty-five percent {25%); (4) The smoking of tobacco in a cigar-tobacco bar; 7 (5) The smoking of tobacco within outdoor seating and patio areas provided by food service establishments and bars: (6) The smoking of tobacco within the outdoor area of any business not specified under subsection (5) above, except to the extent that the outdoor area of such business is within fifteen ( 15) feet of an entryway; (7) A place of employment that is not open to the public and that is under the control of an employer that employs three or fewer employees: (8) A private nonresidential building on a farm or ranch. as defined in Section 39-1-102. C.R.S., that has annual gross income of less than five hundred thousand dollars ($500,000); (9) A The areas of assisted living facilities: (i) That are designated for smoking for residents; (ii) That are fully enclosed and ventilated; and (iii) To which access Is restricted to the residents or their guests; or (10) The smoking of tobacco in a retail tobacco business. ( 11) Smoking (Including vaping of liquid) 1n spec1ally vapinq stores, B. As used in this subparagraph (a){9), ·assisted living facility" means a nursing facility. as that term is defined in 25.5-4-103. C.R.S .. and an assisted living residence, as that term is defined In section 25-27-102, C.R.S. Sec. 9·25. Optional prohibitions. (a) The owner or manager of any place not specifically listed in Section 9- 23, including a place otherwise exempted under Section 9·24, may choose to prohibit smoking in such place or restrict smoking to certain designated areas only by posting signs that provide n<Jtice of the same. Where signs are posted that prohibit smoking, Whether in all areas or only in certain designated non- smoking areas, such posting shall have the effect of including such place or the designated nonsmoking portion thereof. in the places where smoking is prohibited or restricted pursuant to this Article. (b) If the owner or manager of a place not specifically listed in Section 9-23, including a place otherwise exempted under Section 9-24. is an employer and receives a request from an employee to create a smoke-free work area. the owner or manager shall post a s1gn or signs in the smoke-fre_e work area as provided in subsection (a) of this Section. a Sec. 9-26. Other applicable regulations of smoking. This Article shall not be construed to permit smoking where it is otherwise restricted by any other applicable law, including, but not limited to Section 11- 404(e) of this Code, prohibiting marijuana clubs, and Section 16-131(c) of this Code. prohibiting the open and public consumption of marijuana products, marijuana, cannabis, or cannabis concentrate. Sec. 9-27. Hookah bars prohibited. Hookah bars are prohibited within the City. Sec. 9-28. Unlawful acts. (a) It is unlawful for a person who owns, manages, operates, or otherwise controls the use of property subject to the provisions in this Article to violate or to knowingly permit the violation of any provision of this Article. (b) It Is unlawful for a person to smoke in an area where smoking is prohibited pursuant to this Article. Sec. 9-29. Reserved. Section 2. Safety Clause. The City Council hereby finds. determines. and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health. safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 28th day of September, 2015, ordered published in full in a newspaper of general circulation In the City of Wheat Ridge and Public Hearing and consideration on final passage set for October 12. 2015, at 7:00 o'clock p.m., In the Council Chambers, 7500 West 29th Avenue. Wheat Ridge, Colorado. READ. ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of § to Q, this 12th day of October • 2015. 9 SIGNED by the Mayor on this l1~3tnh==== day of October 2015. ATTEST: Janelle Shaver, City Clerk First Publication: October 1. 2015 Second Publication: Wheat Ridge Transcript Effective Date: Joyce Jay, Mayor Approved As To Form Gerald E. Dahl, City Attorney Amended on Reconsideration and finally adopted as amended on December 14. 2015 10 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER WOODEN Council Bill No. 22 Ordinance No. 1584 Series of 2015 TITLE: AN ORDINANCE REPEALING AND REENACTING ARTICLE II OF CHAPTER 9 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING SMOKING IN PUBLIC PLACES WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule municipality. duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-401 , the City, acting through its City Council (the HCouncil"), is authorized to adopt rules and regulations prohibiting certain conduct and defining general offenses that harm or pose a threat to the public health, safety or welfare; and WHEREAS, the Council find s that the smoking of tobacco or of any other plant or substance in certain areas is a form of air pollution that threatens the public health, safety and welfare, and that secondhand smoke is a cause of disease. including lung cancer, heart disease, respiratory infection and decreased respiratory function and, as such, there is no safe level of exposure to secondhand smoke; and WHEREAS, the Council finds that the legislature of the State of Colorado (the "State") adopted the Colorado Clean Indoor Air Act in Part 2 Article 14 of Title 25, Colorado Revised Statues (the "Act"), and that the Act authorizes local jurisdictions to adopt local smoking regulations that are no less stringent than the Act's provisions; and WHEREAS, the Council desires to prohibit smoking in most areas within the City that are open to the public in a manner that is not less stringent that the provisions in the Act: and WHEREAS, pursuant to its home rule authority, its police power, C.R.S. § 25-14-207 and Section 16, Article XVIII of the Colorado Constitution ("Amendment 64''), the City possesses the authority to regulate and prohibit the indoor smoking of marijuana and the consumption of marijuana that is conducted openly and publicly or in a manner that endangers others; and WHEREAS, the Council finds that it is prudent to include marijuana smoking and marijuana consumption generally within any prohibition of smoking in public places to minimize the exposure of citizens to secondhand environmental smoke, vapor, fumes and odor; to minimize the opportunities of minor children to observe marijuana consumption; and to remain consistent with the explicit prohibition of open and public consumption of marijuana as set forth in Amendment 64. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Attachment 2 Section 1. Article II of Chapter 9 of the Wheat Ridge Code of Laws, concerning smoking in public places, is hereby repealed and reenacted, to read in its entirety as follows: ARTICLE II -SMOKING IN PUBLIC PLACES Sec. 9-21. Legislative intent. The City Council finds, determines and declares that it is in the best interest of the people of this City to protect nonsmokers from involuntary exposure to environmental smoke in most areas open to the public, public meetings. food service establishments. and places of employment. The City Council further finds, determines and declares that a balance should be struck between the health concerns of nonconsumers of tobacco and marijuana products and the need to minimize unwarranted governmental intrusion into, and regulation of, private spheres of conduct and choice with respect to the use or nonuse of tobacco and marijuana products in certain designated public areas and in private places. Therefore, the City Council hereby declares that the purpose of this Article is to preserve and improve the health, comfort, and environment of the people of this City by limiting exposure to tobacco and marijuana smoke. Sec. 9-22. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly Indicates a different meaning: Auditorium means the part of a public building where an audience gathers to attend a performance, and includes any corridors, hallways, or lobbies adjacent thereto. Bar means any area that is operated and licensed under Article 47 of Title 12, C.R.S., primarily for the sale and service of alcohol beverages for on~ premises consumption and where the service of food is secondary to the consumption of such beverages_ Cigar-tobacco bar means a bar that, in the calendar year ending December 31 , 2005, generated at least five percent or more of its total annual gross income or fifty thousand dollars in annual sales from the on-site sale of tobacco products and the rental of on-site humidors, not including any sales from vending machines. In any calendar yea r after December 31. 2005, a bar that fails to generate at least five percent of its total annual gross income or fifty thousand dollars in annual sales from the on-site sa le of tobacco products and the rental of on-site humidors shall not be defined as a "cigar-tobacco bar" and shall not thereafter be included in the definition regardless of sales figures. Employee means any person who, regardless of whether such person is referred to as an employee, contractor. independent contractor, or volunteer or 2 by any other designation or title, either: (I) performs any type of work for benefit of another in consideration of direct or indirect wages or profit; or (II) provides uncompensated work or services to a business or nonprofit entity. Employer means any person, partnership, association, corporation, or nonprofit entity that employs one (1 ) or more persons. Employer includes, without limitation, the legislative , executive, and judicial branches of state government; any county, city and county, city, or town, or instrumentality thereof, or any other political subdivision of the state, special district, authority, commission or agency; or any other separate corporate instrumentality or unit of state or local government. Entryway means the outside of any doorway leading into the indoor area of any building or facility that is not exempted from this Article under Section 9-24. Entryway also includes the area of public or private property within fifteen (15) feet of the doorway. Environmental smoke or secondhand smoke means gases. particles and vapors released into the air as a result of the combustion, electrical ignition, vaporization or heating of any substance, including but not limited to tobacco, nicotine or a marijuana product, also known as "sidestream smoke," and such gases, particles and vapors that are exhaled by the smoker. Food seNice establishment means any indoor or outdoor area or portion thereof in which the principal business is the sale of food for on-premises consumption. The term includes, without limitation, restaurants, cafeterias, coffee shops, diners, sandwich shops, and short-order cafes. Hookah bar is an establishment where patrons by themselves or by sharing with others smoke tobacco, marijuana or similar products from a communal hookah or nargile or similar device. Indoor area means any enclosed area or portion thereof. The opening of windows or doors, or the temporary removal of wall panels, does not convert an indoor area into an outdoor area. Marijuana means all parts of the plant of the genus cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin, including marijuana concentrate. It does not include industrial hemp, fiber produced from the stalks, oil or cake made from the seeds of the plant, or sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product, if these items exist apart from any other item defined as marijuana. 3 Marijuana products means products that are comprised of marijuana and other ingredients and are intended to be consumed by smoking or inhalation. Place of employment means any indoor area or portion thereof under the control of an employer in which employees of the employer perform services for, or on behalf of, the employer. Public building means any building owned or operated by: (1) The state, including the legislative, executive, and judicial branches of state government; (2) Any county, city and county, city. or town, or instrumentality thereof, or any other political subdivision of the state, a special district, an authority, a commission, or an agency of any of the same; or (3) Any other separate corporate instrumentality or unit of state or local government. Public meeting means any meeting open to the public pursuant to Part 4 of Article 6 of Title 24, C.R.S .. or any other law of the state. Retail smoking accessory business means a sole proprietorship, corporation, partnership or other enterprise engaged primarily in the sale or promotion of smoking devices, accessories or paraphernalia, such as but not limited to vaporizing devices, pipes, chlllums, bongs, hookahs and electronic cigarettes and products intended for use in connection with such devices, and in which the sale, manufacture or promotion of other products is merely incidental. Retail tobacco business means a sole proprietorship, corporation, partnership or other enterprise engaged primarily in the sale or promotion of tobacco or tobacco products at retail, and in which the sale, manufacture or promotion of other products is merely incidental. Smoke-free work area means an indoor area in a place of employment where smoking is prohibited under this Chapter. Smoking means the burning. heating, electrical ignition or vaporization of a cigarette, cigar, pipe , or any other similar product, matter or substance that contains tobacco. nicotine, marijuana. any other substance, or any combination thereof. and the inhaling and exhaling of environmental smoke created thereby. Specialty Vaping Store means a sole proprietorship, corporation, partnership or other enterprise operating as a retail outlet deriving the majority of its revenue from the sale at retail of electronic smoking devices or other electronic smoking products and accessories. 4 Tobacco means cigarettes, cigars, cheroots, stogies, and periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff and snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobacco; shorts, refuse scraps , clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or for smoking in a cigarette, pipe, or otherwise, or both for chewing and smoking. Tobacco also includes cloves and any other plant matter. or product including liquid, excluding marijuana and marijuana products, that is packaged for smoking. Work area means an area In a place of employment where one or more employees are routinely assigned and perform services for or on behalf of their employer. Sec. 9-23. General smoking restrictions. (a) Except as provided in Section 9-24, and in order to reduce the levels of exposure to environmental smoke, smoking shall not be permitted and no person shall smoke in any indoor area, including but not limited to : ( 1) Public meeting places; (2) Elevators; (3) Government-owned or operated means of mass transportation , including, but not limited to , buses, vans, and trains: (4) Taxicabs and limousines; (5) Grocery stores; (6) Gymnasiums: (7) Jury waiting and deliberation rooms; (8) Courtrooms; (9) Child day care facilities: (10) Health care facilities including hospitals, health care clinics, doctor's offices, and other health care related facilities; (11) (A) Any place of employment that is not exempted ; 5 (B) In the case of employers who own facilities otheiWise exempted from this Article, each such employer shall provide a smoke-free work area for each employee requesting not to have to breathe environmental tobacco smoke. Every employee shall have a right to work in an area free from environmental tobacco smoke; (12) Food service establishments: (13) Bars; ( 14) Limited gaming facilities and any other facilities in which any gaming or gambling activity Is conducted; (15) Indoor sports arenas: (16) Restrooms, lobbies, hallways, and other common areas in public and private buildings, condominiums, and other multiple-unrt residential facilities; (17) Restrooms. lobbies, hallways, and other common areas in hotels and motels, and ln at least seventy-five percent (75%) of the sleeping quarters within a hotel or motel that are rented to guests; ( 18) Bowling alleys; (19) Billiard or pool halls: (20) Facilities in which games of chance are conducted: (21) The common areas of retirements facilities, publicly owned housing facilities, and, except as specified in section 9-24(6), nursing homes, not including any resident's private residential quarters or areas of assisted living facilities specified in Section 9-24(6); (22) Public buildings: (23) Auditoria: (24) Theatres; (25) Museums: (26) Libraries: (27) To the extent not otheiWise provided in Section 25-14-103.5, C.R.S ., public and nonpublic schools; 6 (28) Other educational and vocational institutions; (29) Retail smoking accessory businesses; (30) The entryways of all buildings and facilities listed in paragraphs (a)(1) through (a)(29) of this Section. (b) Except as provided in Section 9-24, and in order to reduce the levels of exposure to environmental smoke, smoking shall not be permitted and no person shall smoke in the following outdoor areas: (1) The following facilities and areas of any public property within the City: a. Parks, playgrounds, swimming pools, recreation facilities , skate parks, athletic fields, picnic shelters, tennis courts. greenbelts, trails and open space and similar locations; and b. Outdoor locations to which the general public has access to participate in City events, such as the Carnation Festival and other City events. (2) Transit stops, including light-rail platforms and bus stops , with or without benches and/or shelters. (c) Nothing herein shall be deemed to permit the consumption of marijuana that is conducted openly and publicly, in a manner that endangers others or otherwise violates state law. Sec. 9-24. Exceptions to smoking restrictions. (a) This Article shall not apply to: (1) Private homes, private residences , and private automobiles; except that Section 9-23 of this Article shall apply if any such home, residence. or vehicle is being used for child care or day care or if a private vehicle is being used for the public transportation of children or as part of health care or day care transportation; (2) Limousines under private hire; (3) A hotel or motel room rented to one (1) or more guests if the total percentage of such hotel or motel rooms in such hotel or motel does not exceed twenty-five percent (25% ); (4) The smoking of tobacco in a cigar-tobacco bar; 7 (5} The smoking of tobacco within outdoor seating and patio areas provided by food service establishments and bars; (6} The smoking of tobacco within the outdoor area of any business not specified under subsection (5) above, except to the extent that the outdoor area of such business is with1n fifteen (15) feet of an entryway; (7) A place of employment that is not open to the public and that is under the control of an employer that employs three or fewer employees; (8) A private nonresidential building on a farm or ranch, as defined in Section 39-1-102, C.R.S., that has annual gross income of less than five hundred thousand dollars ($500,000}; (9) A. The areas of assisted living facilities: (i) That are designated for smoking fo r residents; (ii) That are fully enclosed and ventilated; and (Iii) To which access is restricted to the residents or their guests; or (1 0) The smoking of tobacco in a retail tobacco business. (1 1) Smoking (i ncluding vaping of liquid) in specialty vaping stores. B. As used in this subparagraph (a)(9), ''assisted living facility" means a nursing facility, as that term is defined in 25.5-4-103, C.R.S., and an assisted living residence, as that term is defined in section 25-27-102, C.R.S. Sec. 9-25. Optional prohibitions. (a) The owner or manager of any place not specifically listed 1n Section 9- 23, including a place otherwise exempted under Section 9-24. may choose to prohibit smoking in such place or restrict smoking to certain designated areas only by posting signs that provide notice of the same. Where signs are posted that prohibit smoking, whether in all areas or only in certain designated non- smoking areas, such posting shall have the effect of including such place or the designated nonsmoking portion thereof, in the places where smoking is prohibited or restricted pursuant to this Article. (b) If the owner or manager of a place not specifically listed in Section 9-23, including a place otherwise exempted under Section 9-24, is an employer and receives a request from an employee to create a smoke-free work area, the owner or manager shall post a sign or signs in the smoke-free work area as provided in subsection (a) of this Section. 8 Sec. 9-26. Other applicable regulations of smoking. This Article shall not be construed to permit smoking where it is otherwise restricted by any other applicable law, including, but not limited to Section 11- 404(e) of this Code, prohibiting marijuana clubs, and Section 16-131(c) of this Code, prohibiting the open and public consumption of marijuana products, marijuana, cannabis, or cannabis concentrate. Sec. 9-27. Hookah bars prohibited. Hookah bars are prohibited within the City. Sec . 9-28. Unlawful acts. (a) It is unlawful for a person who owns, manages, operates, or otherwise controls the use of property subject to the provisions in this Article to violate or to knowingly permit the violation of any provision of this Article. (b) It is unlawful for a person to smoke in an area where smoking is prohibited pursuant to this Article. Sec. 9-29. Reserved. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health. safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability: Conflicting Ordinances Repealed. If any section. subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid. the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed . Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED. READ , AND ADOPTED on first reading by a vote of 8 to 0 on this 28th day of September. 2015, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for October 12, 2015. at 7:00 o'clock p.m., in the Council Chambers. 7500 West 29th Avenue, Wheat Ridge. Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0. this 12th day of October, 2015. 9 SIGNED by the Mayor on this 13th day of October, 2015. ATTEST: Janelle Shaver, City Clerk First Publication: October 1, 2015 Second Publication: Wheat Ridge Transcript Effective Date: Joyce Jay, Mayor Approved As To Form Gerald E. Dahl, City Attorney Amended on Reconsideration and finally adopted as amended on December 14, 2015 10 4. -_ ' City of • JP'Wlieat ~dge ITEM NO: ~~' DATE: December 14, 20 J 5 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO ACCEPT RI GHTS-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENTS FROM ADJACENT PROPERTY OWNERS ALONG TABOR STREET B ETWEEN 49TH A VENUE AN D RIDGE ROAD 0 PUBLIC HEARfNG [81 BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: ISSUE: 0 ORDrNANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READTNG 0 YES The City of Wheat Ridge, a Gold Line partner, was selected to receive federal funding for access and safety improvements to Tabor Street from the l-70 Frontage Road North to Ridge Road. The funding was provided by the Regional Transportation District (RTD) and the Denver Regional Council of Governments (DRCOG) Transportation Improvement Program (TIP). The funding will help finance a project to widen and improve Tabor Street for bike and pedestrian access to the commuter rail station at Ward Road. Specifically, the City is planning to improve Tabor Street by widening, adding streetscape elements. and restriping bet\veen the I-70 Frontage Road north and Ridge Road. Final design and right-of-way plans have been completed. The right-of-way acquisition process was initiated in October 2014 with five property owners along the project segment north of 491h Avenue. The acquisition process for three of those properties is complete. The City retained a right-of-way consultant since the roadway widening and addition of bicycle and pedestrian facilities requires both pennanent right-of-way and temporary construction easements. The selected consultant, H. C. Peck & Associates, Inc .. utilized the Federal Uniforn1 Act to acquire the necessary rights-of-way along Tabor Street. Councli Action Fonn -ROW Along Tabor December 14. 2015 Page 2 All but two of the propert y owners have conveyed the necessary right-of-way by warranty or quit claim deed to the City, and have also provided the temporary construction easements where needed. Acceptance of the remaining two right-of-way parcels and easements is expected on January II , 2016 when a contract is anticipated to be awarded for construction. In order for construction to proceed on schedul e (particularly to allow private utilities to start relocating their faci lities as soon as possible). the acceptance of the right-of-way needs to move forward immediately. PRIOR ACTIO On March 22, 2014, the City Council ap proved an Intergovernmental Agreement (fGA) wi th RTD to assist in advancing the project process, and to assign responsi bilities a11d obligations of each agency. On August 25,20 14. the City Council awarded a contract to H.C. Peck tor assistance in obtaining the necessary rights-of-way. On October 27. 2014. the City Council approved a rc ·olution authonzmg commencement of the right-of-way acquisition procedure. Fl ANCIAL IMPACT: Most of the funding for thi • treet project is prm idcd by a grant from RTD in the amount of $740.228. The funding arrangement requires that the City fund the project costs and seek reimbursement as expenses ure incurred. Funding for thi s program is included in the 2015 Capital Lnvestmcnt Pr01:,Tfarn (ClP) budget. On August 25. 20 14, $12 I ,3 12.18 was appropriated from the CrP fund to advance and finance the nght-of-way acquisition services provided by H. C. Peck. Th is professional services contract is expected to be under budget by approximately $20.000. On October 27,2014. additional funding. estimated at $12 1.350, was appropnated from the CI P fund to finance the acquisiti<.m of the nght-of-way. At this time, S99.2 10.50 has been expended. The last parcel is estimated to cost around $44,000. The total estimated project cost at this time. including professional services, construction. and right-of-way acquisition. is I ,040.000. An additional $300.000 ha been added to the project and is reflected in the 2016 CIP budget. BACKGROUND: In 2004, voters approved the FasT rack plan which directed RTD to construct light rail and commuter rail transit services, lines. related station • maintenance facilities, and enl1anced bus service throughout the regional transportation district. The Gold Line was identified as one of tivc corridors in the plan and is currently under construction. The local agencies through which the Gold Line is being constructed are: Denver, Arvada. Wheat Ridge. and Adams County. CowlcJI Action Form -ROW Along Tabor December 14, 20 IS Page3 Wheat Ridge and RTD jointly agreed, along with the other Gold Line Partners to the allocation of $740.228 of those DR COG TIP funds to Wheat Ridge for its perfonnance of certain base improvements as part of the Gold!NWES corridor project. More specifically, these improvements are designated for Tabor Street in the vicinity of the Ward Road Station. Tabor Street serves as the key local access from the south since the rail line serves as a barrier that prohibits all adjacent access to the station. This improved street will provide better access to the station from existing and future developments souU1 of the rail line and in tl1e broader nearby area. Thus, it is crucial that Tabor Street be upgraded to accommodate access to rhe station by aJl modes of transportation. This project will provide new bike lanes, continuous sidewalks. and lighting in the subject segment. Specific improvements on Tabor Street consist of construction between Ridge Road and 491h Avenue, with the se~:,'lllent of 491h A venue being restriped. An IGA was executed between the City of Wheat Ridge and RTD which provided funding to Wheat Ridge in the amount of$740,228 in Federal Highway Administration (FHWA) funds. These funds were then transferred by the FHWA to the Federal Transportation Authority (FT A) to be administered by DRCOG through RTD for Wheat Ridge's improvements. The funds are intended tO help enhance the unimproved land surroWlding the crossing of the rail line at Ward Road Station and Tabor Street and provide other access and safety improvements adjacent to the area. Right-of-way acquisition is needed to allow tile street improvements. The City is responsible for completing the construction plans and obtaining all required clearances for utilities and right-of-way acquisitions. RTD will administer the project's federal funding, while the City will manage tJ1e project design and construction. HC Peck and Associates specializes in right-of-way acquisition for public purposes ru1d has been utilized by the City for the acquisition process. The right-of-way plan was developed by RTD and they concur in moving forward with the property acquisition process in accordance with state and federal requirements. To date, two of the necessary rights-of-way and easements have been acquired on the east side. and one on the west side. Negotiations have been completed witil the last two property owners and tile City is awaiting final release from the property owners' banks to close on the property. So, tJuee parcel s have been acquired and staff is seekjng acceptance witll this Council action. The acceptance of these rights-of-way and easements will allow the overhead utility relocation to commence. The remaining two parcels are expected to close in early January and to be presented for Council appro val at the January ll, 2016 Council meeting. The construction contract is also expected to be presented for award at that time. Construction is expected to commence in February, 2016. RECOMMENDATIONS: Staff recommends the deeds and easements be accepted by tile City. Council Action Fom1 -ROW Along Tabor December 14, 2015 Page 4 RECOMMENDED MOTION: ''I move to accept rights-of-way and temporary construction e-asements from adjacent property owners along Tabor Street between 49'h A venue and Ridge Road." Or, .. 1 move to postpone indefinitely the acceptance of rights-of-way and temporary construction easements from adjacent property owners along Tabor Street between 491h A venue and Ridge Road for the following reason(s) ,. REPORT PREPARED/REVIEWED BY: Mark Westberg. Project Supervisor Steve Nguyen, Engineering Manager Scott Brink. Public Works Director Patrick Goff. City Manager ATTACHME TS: I . Tabor Street Deeds 201512:3665 11/19/201512:39PM PGS 4 $26.00 OF$0.00 Bett!Oilclly RCCO!Ilc~ Jcf!cnon Ccllny. CO hye Gfllfln. Ocll and Reconlef TDIOOO 'I Sl'&CIAL WARRANTY DK!D NO t>OCUMJ!NTA.RY fD l1DS D.UO, IDled Novcmbolr 19, 201S, bctwcn Dream t.akA, .U.C. a Colorado UQlJllUW limllild habilny ~ of t11a Couury or Jdf<3)1) 1114 sw. of Colondo, CITY or Wlr£AT RIDGJt xs p:DIOT, ancl che City of Wbc:c lhd&e, Colondo, a ~¥nne mlo ll)lm{~ £XEMPT cqrpor~~li<~~~, wboto lcpl addRa P 7~00 W. :29• Ave.. Wheat'RJd&1o, 00 80033 of e. Coumy orJct(!Qsou llld St8t6 ofColocW, sr- WTJ'M&SS, lhat tba. graDII:Ir. for 1114 ID coosulcnlion of tbe sum of SBVENTEEN THOUSAND FOUB. HUND!U!D SBYliN'rY TWO AND NO DOU-ARS (SI7,4Tl.OO). !be ftOI!ipt llld ~of wbich iJ heRby ~w1eclpl,. bu 8XQ1\l6d, ~ tol4 1M ~oyt4, d by lbe.M ~~~ doeJ ,mt, ~sell, convey md COIIfirm tm1o tbe pill~ ill~ au1 I.IRP tbr.'icr.l.. t.11 the teal property, to a~ ..wa b:apcv~ 11 rmy, situlle,lyiqa md booiJ1a in t11a Ollwy of Jdfmall ancl StalL of Ulloado, dQcribed u followt: S'EB ATrACRBD EXRIBrr "A- ,.__.,tcbodulo Of puocl OllDiber: 39-174-09-001 ~ ol) M<tr.: 5040 Tabor S'«ro«. Wb-.t Rid&c, CO (pert o(j 1'0GE1'Blm with an Iliad ~tho b~ ~ ~ llwNIIIIIo ~ oc Ill ~· appcrtalmDJ. tha ~!Ullou IDd ravemona, .nnnaiodrr amll'llll&lll<laz1 ~ bmat and ptofill tbt.rtoi a~~d tll tllc Qt>Jo, daJII.II!I•, 111icMt. cl1W11 rmd dt:aiLtl4 wbm-of lila pmot;, tllhct Ill t.w or equuy, or, iD aDd to~ abon ~ p-a-, wiltldlo~ad~ T<) 11A V& AND TO BOLD lbc Aid r:nznlld above bttplncd and dcacnbod, Willi 1bo ~ IIIIIX) me ~ Ita fUCICeUODilld a&lipa ftlmCL Tho 8TIJIUlr, ror llzct( ill~ m1 ~ ~ CIO'I'OlWII and •~PW 11w it sbaU llld will W ARllANT AND FORBVBR. DEFBNO 1lle abovo b.._.,od JRllll'Cf ill lbo qlliC\ llld paeeable ~oflbr: plCC. ibi.-"JODaad ~ t,pim4tll aDdewty pa10JI or p-cUmwlathe wbole ort~~Y put lboreof. by,~ or~ tho ~JU~Qr, except llmom&IU:rl abowD au Blihibit "B" &li:ad!cd.h=tD ad Clade a put huwf IN WlTNESSWliEREOl!, tha sra>lol'bu cxceu1ed riU ~~~ oclllc cbto 1ct fcnthabo'll6. o-m Lab, u..c, • C..lo:sd4 lllml>o411abWty oempal)' ~~~~·&- 9y. Mi~ L R0111 l:r M.t.uca S,. ATE OF COLO.IV.OO COutm' OF Jl!PPERSOlol Tho (1JI'OIIOUIBUIIIJ\IIDIIIl w;. ~b.ttln moo thl.a 19" day otNDvucbor, .ILl I~. byMio»tJ L !:lam u Manager of DIHm Lab, u.c, 'CoLoftdo ~ty OCIIIIf«'')'· MICHl!~ A SPENCM NOTARY PWUC STATE OF COLORADO 1'40TMY IDt~ W1Y eot.USSICH EliPH!S NCN. ~oe,_ 2018 Attachment 1 .tt IDJ CITY OVWBF.Al'IU:DG¥ PJl.OlRCI NO: B-{l2.-Jij DAl'lt: J'll:1mUARY 10,2015 BI<mi'..OP-WAY PARCEL NO: tt-JOl A IUgtlt-o~W~ Paroel No. Tl<-102.. bcln& a portion of that met of 8ld desalbed tn 'the Ofllec of the Jeffetson County Oerk & Recorder at Receptl$m No. F1S3l193, being a por1Son of lot 19, Standley Heights, a subdivts1Dn of recxm:t In Jeffemn Cowrty, ~ In the Southeast QuBrter of SedSon 17, Townslltp 3 Souttl, Ranp 6S West of th ~ Pl1ndpal Meridian, In 1!\e aty of 'Wtleat Ridge, County af Jefferson, baing more particularly desa1b ed as follows: CommiAC!n& at.tbe Southust.comer of t.be Uottb ~a If of 1haSoutheast.OWirter of sa!d Sectiol117, a S-l/4lncb Aluminum cap mvted ~emcft and Co. s l/1S Sec 17/t.B";Theoca N 7r.r'Of145•w, a dlstanoe of643.05 feet to !he south llneofsalcttnehnd the POINT OF BEGINNING: Thence a!ong1fle mutb One said tract of land descrlhed at Reoep!lon No. FlS31l9'3, S as-u-55• W, • dl$t2naa of 1D.85 feet to ltle easterly rlll'tt-<lf""NtNY lin a ofTabof Slnlet as desz:rlbe.d In Deed rea~rded In Boolt 184llt Page .151; Thence alone 1!\e eJ~stEt"ly rigflt-cl-way line of seldTahor Sveet_ N 00":1g'35• W, a distance of212A6 f'ut1otlu! south riglrt-of-w.l'( line of tile Colorado Southern Railway, being tho northerly Dna of saki t..ot 19; Thet!Q! olona the scuth ~-way line ofth.e Q>lorado Southern Railway, belns~ nonhetfy line of said Lot19, N 7T~09" E. e dlstanc;e.of :1.7.66 feet; Thence S 02'32' 1.8'" W, a dl.stlrnce of 118.36 fast; Thence S 00"14'58" E, a dls1anoe of 9932 feet~ the POINT OF 8EGINNING; Containing a ca!OJ!ated area of 2,688 square feet or 0.061 GQ1!:S, more or less. ' 8asls of Baa~ The line from !:he SOUthwi!St Comw of the North Half of the Southeast Quarter of said Sed:fon 17, a 3 fnch Alumlnom cap In l'al1gi! bax marlced "Merridc tnd Co. SE l/16Sec l7"tothaSoutheast Cbmerofthe NMh f~tf oftheSolflheast Q)Jartarafsald Section 17, a 3--1/4lndl Aluminum Clip malted "Merrlck and Co. S l/16 Sec t:l/lfi', 1$ assumed to bear f\1 89"08'90'" E. a distance o( 1,323.29 fi111t. Continued on page 2. J>atje 1 of 3 ILLUSlRAllON FOR r:lltS=-=-maiiT~OOE&~IolOT~~~---A --J; BIT A---------. ~'II)--. Sl.Rlin IT IS QI.Y .....,. .. , 1llE AlWHJIIIESQF1jC)I(. -• -POINT OF C~T ? * : ..:' SE Celt N~~ ~:;:. ~1"-ea R£c. f4Q. F1531193 N 1/2. ~ 1~4, E. \7 LDT 19 STANillEY1 HEIGiTS I I I REC. NO. 2007039166 5TEV£ ~ DOUG R£Al..lY P.B.G. I N v~ SE 1/4. SEC. 17 I PN!al. llc-tOI CQfT~ 2,81!11 !!WAR£ f!ET (0Aa2 ~ WOllE ~ U:SS. 0 -~ (F COUlS: CH.Y CITY OFw-EAT RIDGE PROJECT 8-02-14 RIGHT..()f;WAY~101 ee 1A SEC'TlON t7. r. sa. R. oe w .. lfi'H P.M. COUNTY OF .IEFFER80N. mTE OF OOl..OAAOO 00li81T "8• 1. Tenns, conditions, pi'OIIIslons, agreements and obll&atlons u speafled In the Aereement for Tempon~ry Construction Easement Relatlos l'O a Oralnase Facility between Bandit, UC and Urban Oralnap and Flood Control District reconled December 12, 2013 at Reaptlon No. 2013142973. 2. Terms, conditions, provisions, asnements and obllptlons u specffied In the Public Service Company of Colorado Easement eXI!CUted by Bandit, llC rKorded April 23, 2012 at Rta~ptlon No. 2012042176. 3. All matters set forth on the Plat of Standley Heights Subdivision recorded July 31, 1908 at Reception No. 876226 In (plat) Book 2 at Pase 688. 2015120'264 111101201S11:33AM PGS 4 $26,00 OF $0.00 fledroc11cot, R~e.J Jcnmoon Ccllliy CO F~ Gnf!on Clerk ona Reto!CICir TOIOOO N W A.ltB.AKn' DEliD NO I>OCUMENrARY tn!E 11llS DUD, clmd November 10, ZOlS, IJ bcotwCOil Bitr Robenoo of tho REQomxD CollliiY of l~ wl SWe oi Coi.Of'ado, ~'Glulol"), mel diAl City of Wbw OTY Ol' W1BA T lUDGE IS Rid&a, Colondo, a .bolX IU!o IIJIDlicqJ&I ~ wt.c ~it 7500 W tx:IM:PT ~A-. WbMl RJc!ae, CO .0033 ~ WIT!USS, !bat ~ Gnmor, 1\x-llllll m aoosulcnliotl of !he ~ of NINK TIJOliSAI'lD ON& mJNDUD nVINTY WJGBT 1\i~D NO DOt.I..ARS ($J,l?LOO), !be rc.oeipr wl ~ of wlllc:h i.J bereby lldalowtodpd, bu JZIIII*I, 'bupmocl, .,ld and OOOVW)'Dd. alld by ~ ~ doca pal>~, 'ocpm. ~ _.,.., llld c<mlizm 1I:OID !be gra:m.e, ill -ad .... forcvor, ell tllo reU propqty, togoth£r willl iqll'o-.-1$, if Ill)', a,tuste, ~ wl bani ill tho eoumy ofJcffin01111ld SlaW ofColorw!o, dlrcribot as ftlllows: SKI BXliiBrr "A" ATTACUJ[I) BDBTO AND P.tADB A I' ART B:!REOP .u.aw'ucbclulut pa=IIIIIXDber. 1~174-09-002 (put of) Altc!Du: SOOO Tabor Streel, Wheat Bid&e, CO 80033 U*n oi) TOCE'I'BEJt wrtlt ell llMI IIDllUlu tho ~~~~~ md ·~ lbnw:am ~ or Ill aJIYWlH ~tho rnorslou wl ~ona, nollllit>de:r l.lld ~Rim, luuu llld protilll ~ad ell !he~. fitht, lUte. ilmnJt. elalm IUid 4lmul4 ~--o(tha Omllor, ellblr ln law or equhJ, of.ID aa4 to1bo abovo barpir.ed ~witb~~llld~ TO BA V1t ANlJ 'tO BOLD 11M aleS snmirq lbcM b~ aocS. ~bed, willl ~ lp9tllll:llll1C~ IUI.!o lhc Cht.ateo, &Ia "~ md 111q111 ror.ver. 't'bo Gnnmr coVCDllllQ, pw. buplot, llld ,.IIJU' to aod wilb the Gtautu, its liiCCIUOf3 wl a.uips. u.lat !he tiiDD of cbo llliK&ImJ IJid ddivety of~ pn6COb. 1t iJ wcll~Ciz»ct of the p~ aboYa oozmred, 1111 pd. 111n1, purea, lhtol~~~a aocS. ~'blot ctW& or inhctitauc:c.. blln>, Ill rce ~It, m11w aooc1 r:fabl, full pows-llld lrNIW lllllharity t.o p111, b~ .U llDll ~~ ibt IUDe Ill awmer acd form u lfotessid, Cld that the aamt uo h awl c.le~t from &II fO!Ull:l' llld oh pwnt~, '*1*!oa. nice. Uov, Wtct, UJCIIIDOIIII, ~ ml ~ooa orwtw.rYcr ldDd or 11111n IOO'I'tt, Clltccpt for llllllllllaJ of record. 'Iho Gramar al:all IIIII will WAD....wr AND POPJ!V1!:R DEPBND ~ ~ bvp...'IOC! J>m~UCJ ia ~ qulct alJ pciiQW)l~ pololleSiioo of !he~ itt suoeesaon &nd usl81J'. apiDJt all and evtr) P"fSCO or ~111005lawflllly dafmln& (be whot. or 111:1 put th<o:eof, ~t far &II QIIIUen of noonS. lN ~ W11ltREOW, Clio an.ator baa CEIIC\III!ld 11111 daed 00 Ill. date sa b1ll above. Wlllle$1 rsry bwl d ollicW ~ My-cxpra: MICHB.E A SPi!HeeR NotARY PUSUC 8T~T'E OfCoumA.OO HOWIY ID 1he40S0370 111 C<MIIIS810H l!'lO'lRE8 HOlt C».1011 laBIBIT "A" CITY Oli'W!IEATRIDG£l'ROJECr NO: ~14 DA.'m: ftB.R'UAJtY JO, Wl5 RIGHT-OY-WAY PARCEL NO: TX-10l L'EGAl,DESCRIPTfON A R1sht-oW/ayPan:al No. ll(-102, being a portion ofthatlnct oflillld di!SQ'Ibed In theOfflCI! of the Jefft!rson County Cleric & Rac:anfer tJt Recaption No. ~010045411. being a portion of1ot 19, Standley Helghu, a ~n of record lnJeffatson County, situated IR 111e Southeast Qnrt.er of Section 17, Township 3 South, Range 69 West of the Stxth Prlndpal Meridfan,ln the Oty of Whellt RJdse, County of Jlffetton, be~ more paltkularly desctlbed as foRgws; OJmmenell\g a' tho SO\Itheast.coAler of tho Nonh Half of the Southeast.Quarter of said Section 17, d·l/41ncfl AA.Imlnwn Cap mori<ed ~etrlckand Co.Sl/l6Sec17/16"'; Thence aJOf\S the south ftne of the Nortb half of the Southeast qua11er of said Sac:tlon 17, belngtfle south One of said LDt 19, S 89"08'30'" W, a dim nee of 630.&9 feet to the POINT OF BEGINNING; Thence comtnulng along the south line of the North Half of the SOutheast qUllltel of said Section 17, bema the south line of sald lDt 19,5 89"08'30" W, a distance of10.'76 feet to the usterty r1sht-af.way nne ofTabor Street ;u descrlbed In Deed recorded In Book 184llt Page 6l; Thence alongihe 11.1sterty tlaht-of.way line of said Tabor Street, N 00"19'351' W, a distance af 130..93 feet to the north line of said tract of land desa!bed In Reception No. 2010045441; Thw1ce along the north One of said tnKlt of land descrlbed In Reception No. 2010045441. N 89'12'55" E, a d!stanCI! of10.85 reet; 1h encie S 00"1.4' 58" e. a distanc:a of S8.25 feet: lhencoS 00"1.9'06" f, e distance ofn.66feetto tJta POINT OF BEGINNING; Contalnlng 11 calculatEd :~rea of 1,412 sqllllt'e reet or 0.032 acres, more or less. Basls of S&arings: The O~~e from the So,lllfiW!!$1 Comer ofthe North tlatf of the Southeast · Quarter of said seaJon 17, a3lndl Aluminum ~P In ranp box mariced •Menk:k and Co. SE 1/16Sec 11" to the Southeast COmer of the North Half of the Southeast Quannrorsaid Section l), a 3-l/lllnch Aluminum Cap marl<ed •Merrltlc and Co. S l/16 Sec 17/JJi'', Is a$$UMed to bear N 8.9"08'~0' E, 11 distance of 2.,323.29 filet. Continued ort page l. Plplof3 KXHIBrr"A.• ~aredby: Alan Warner, PlS 28668 Fot'an<f on Behalfoffamswl:lrth G)'l)up Inc., 561.3 OTC Plrlcway, SUKII UOO Greenwood VllJase, co. 80ll.1 (303) 692-88afi ,.2af3 ILLUSTRATION FOR r:'tYS~ElHSfT~DWS~fiCJT-RD'IIE:SatT~-A--EXHIBIT A-------- ~DIET~!S ~tR.Y POINT Of oot.cMENCEliEMT REC. NO. F'153119J SECOR, N 1/2. st 1/4. S£C. 17 ~1/4 .mJM CAP ~ I N 1/2. SE 1~4, sm; r7 lDT 111 STN(DLEY, H£IG(TS I I I F'OlJND CN' 8l.e>la< PlS 8010 S89' f 2'55"W, 0.35' ----- \L------1 \ R£C. NO. 20070028471 LOT 1~ I STANDI£Y HflGHTS I I H lf2, SE 1/4. SEC. t7 I PM!a l!H~ Cl:lmJitS ).4t2 SWME FEET (cum ACRES) IQE MUSS. 0 .. CIIANOE CF COUltSE IN.Y ·~·· CITY OF 'IH:AT RIDGE PROJCCTS.al-14 RIOOT-O~Y~1Q2 g; iJ4 SE01lOH 17, T, 6 S., R. e&W~ 6Tlf P,AA. COUNTY OF JEFFERSON, STAlE OF COl.OAAOO -~m o 30 ea ... - ...... N:a 014I.IM.OO O...ttj: IC!IP ~ iooW ~ CII/IO/JPlll ~OF3 2015116061 10129120151:'31 PM PGS 4 $28.00 OF $0.00 ~oriel~ Rceetoto Jcnenon COU'IIy CO i''lfYI Glllfln 0 k ond Recorclor TOIOOO N WAI\RAM"Y DltED NO DOCUI'>t!NrARY f'.U TBlS DUD, datai o-bcr 29, 20U, is be-C ~ D lovQimollla, a B,UlUllUU> CG!ondo .-.1 pii1DCniUp of lb. Coun!y of Ietr11n011 mel S~~ta ofColonodo, CITY Olt W'BJtAT 1UDGlJ: IS ("''nrugt"}, IDII tha City of Wheat RJ(Jac, Co!Gndo, a bOftlt rulo cnunie~pal &XE.MPT c:orpotalloo, whoao Wltat b 7500 W, 29* AVOtlQQ, Wheal 'Rid&o. CO 80033 ~ WTI'NllSS, lbat 0.0 Otaalor, for &ad m COIIIlc!entio11 of cbc aum of NINa THOUSAffl> SeVSN JnJNOllBO PrVB AND NO DOLLARS ($9,705.00). tho~ IOd ~ or wb:lch I• br.taby KlcDowlec!p!, 11M 1JW11W1, ~ acid eel ~ aad by thea• ~ do-. pill, bvplD. loll, QQilVW)' 2Dd calfirtD 111110 lb. pmoo. i1a I\ICCeSliCJm m4 ~ forowt. all dl<> !W ~. ~ wilh impro~ a~. ~ ~ am1 bclll& ill the CouDty or Joff!naq IOd Sm.o o( Colomdo, dosaribed u (oDowr. SEE JJCBIIJn' •A• AT'TACJmD JDRET0 AND MADS A PART RERBOP AMitcr'c ~o or parceiiiii!Dber: 39·174-08.0 13 (pan of) A~ 5075 Ttbor Strtct,. Wheat Rldp, CO 81ml (part of) TOGlmiE"R "!lib all Uld I1QIUlat tho ~ l1ld ~ dlcm1CIIO ~OilPI, or 1D ~ appcrt.amiQa. the roYcnian and I'O'IUI!iooa, ranaind~~t and madDdera, 1'01113. ~a--s ptOfiu tluno(. and .U lho ~ rlabi. tllle, intmSI, claim liDd d=and wtwsoevcr of lho Gnlllll't, cslbu tn llw ar equity, of; In and to the above ~ pnmiJQ. wtt!l t» b«rtdiWIIems IOd ~ TO 1lA VE A1(J) TO BOLD lhe Slid pmoiJes abo~ baQIIilllld .ncl de$1l'bed, Willi 1bo eppqnmmcea, umo 1be GniDlao, ltl -mel uslpl eoro-. 'Iho Oni11DC co~ i"AI4, blrpina, aad agreel to w1 'lrillllho OI!UJru, Ita~ IDIIU~ipa. tbst at tbl tiD. oflhc ~~ ud ddiv..ryoftbc.e pi'CIICilU, it b wellceixc4 oflba pmiUca a!KrJe tGII~ bu &Oocl. tun. pcsd<Q, lbsolllle IIDd ~Ddc~Ca~blc estam of ~. m law, Ill ~ ~ amllw good rsabJ, full pOwer aad llwfulllllhodly 10 p.a;&. ~ Mil and CGD"'Y Ilia -in IZ!SDQIIC IDd (QJ'ID u tfCITOAid, 1114 that ~ --frt,o OUI6 Qear from oll foi'IDCf aad otbar JJmla, buplD.J. ..tes. llmt tax», u;s...,.-. <IICIIIIIlmmou w1 I'Ofl:rictloald~om kind or mllln llllrlct, auept for all ~ otteceml. 'I'!1. Graclzr. dlall md will W AMANT AND FOREVER DI!FEND !h. ~ blrp:i=d prco>iua 1D ~ qulo1 and pceceable pol*lllio11 of ~be GftDI:~-. ltciiUCONIOII•ad usigos. ..,U1111 .n llld 1fWrY pcraon or penoN lawfully dllming lila whole or Ill)' partlhaaof; exorpt fot alliiJIUafl o!noon1 ST ATB OP COt..ORADO c::ot.lNTY OP IE1'Fl!RSON 1bl fonsJOio& ~ wwt W!lowlodaod Mforo IDI <his 1b' ~y ol ~. 20 1~, by DwrJb L. Boofcr 11111 Chlryl A."""""""'"".._"'c""~-· Witumlll)'bmdmlol!ic:!Aitt41. ~ j ~ M.l::f My 00t!U2Psfo11 apirell NOllry 1'\JbUo l(tCHE.L! A SP~R NOTARY PU8UC STATE 0, CO\.ORt.!>O NOTARY 10 IP$4030370 1/:i ~ El(I'1IIES HCJI/.02. zote EXBIBIT"A• CITY OJ WBEAT RIDGE .PR.OJECT NO: 8-Q2...14 DATE: DBRtiARY 10,~15 niGB'l'-O:V-WAY 2ARCEL NO: TK-164 J..EGAL DJSCRIPTJON ~ Rldrt..afi.Way Parcel No. T1C·W4, being a portio!' of1tlat ttuct of land described In the Offlc.e of the Jefferson County Om & Recorder at Reception No. 2007002847, be!Jig a port1on of lDt 19, St:andlev Htklhb,• su.bdMslon ofreoord In J~ County, situated in the Soudleast Clllarter of Sealon 17, Towrut\lp 3 South, Range 69 WM of the Slxth Pl'1nc:ipal MericDan, In the City af Wheat R~ County of Jeffuson, bttna more ~artlcutarty de.Jc:ribed ~follows: COmmencing at tile Southeast ctltnef of the North HalfofU'Io Southeast Clllarter of :111ld Sectloll17, a 3-l/4 fnd1 Aluminum cap marked "Merrldc and Co. s l/16 Sec 17/16"; Thence H 74.08'43• W, e dlstllnce of730.42 faet tD the souUIIIne of seld tra~oflancf and the POINT OF BEGINNING; 11lence N 03"16'23" W, a dfstance of ll3.97 ~to sO\dtl rlsht~wwy line ofthe Co!ortdo Southom Railway, belns the noltherly Tint of said lot19; Thence alol'l& the south llsht~;.wy Une of the ()llori1do Southam Railway, beln& t:he nonherl'f line of wid Lot 19, N 7T42'09" E. !I distarn:a of 16.44 fee.t to the weswty rtaht~ line of Tabor Street as de.salbad In Boolt 1.494 at Pase 324; lhenc.:a illongthw 11/l!Stl!rly rfiht-of.w;ry Une ohald Tabor Street. S 00"19'35" E.• distance of U8.SS feet tD the south line of that tract of land desatb!UI It Recept1on No. 2007002847; Thence along said south One, s 8941'02" w,a distance of9.86 feetwthe POINT OF BEGINNING; Contillnl.ni a calallabld area of 1,493 square fel!t or 0.03411Cn!S, more or less. Basis of 8eartnv, The nne from the Souti\West c.om~u <1f tba North llalf of the SoutbflS\ ~rtaraf.salctSedlon 17, a 3 Inch AJumtnum Olp In rans• boxmatked "Mettldtilnc!Co. SE 1/16 Sec l7" to tile Southnst Comet of tile North Hatr of the Southeast ~ of n l<l S.ctJon 17, a 3-1/41ndl Aluminum Cap mvb:d '"Merrldc etld ~s 1/16Sec 17/lS', Is assum~d tD bur M 89"08'30" £. • dlst:!nc:e of l,3l3.29 feet. ContlnURCI on pap 2. Pqe1of3 Prepared by: Alan Waltler, PI.S 28668 Forand on B~lfpf Pamswortti Group Inc., S6:13 arc Ptttw.y.sulte uoo Greenwood Vllla&e, co. !D1.11 {3031 ~-SiaS TK-104 N fA !£ t/4.1 SEe. 17 1.0( 19 STIJIOIEt' Hf,lllHTS I . I REC. NO. 2007039185 STEVE 4t OOIJO REALTY P.B.G. P.wll. .10+ CQ(T~ I ,4i3 SilO ARE F'tU (o.al4 AlliES) ll8ll Ql lESS. 0 • Cf!A'"E Of COI.RSE lll.Y RI~TIV104 SE 11UECTIOH 17, T. 3 S., R. 68 W, ISm PJ.t. COlJNlV Of JEFFEROON, STATE Of COI..ORAOO