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HomeMy WebLinkAbout02/02/2009STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO February 2, 2009 6:30 p.m. Legislative Dinner Wheat Ridge Recreation Center 4005 Kipling St. Please reference the enclosed packets with important legislative information prior to Monday evening. Approximately 8:00 p.m.: Item 1. N.W. Lakewood Sanitation Property Acquisition City of Wheate OFFICE OF THE QTY MANAGETO: Mayor and City Council FROM: Randy Young, Ci ger DATE: February 2, 2009 SUBJECT: Zoning Code Amendments ATTACHMENT(S): Memo from Jeff Hirt dated January 22, 2009 Four (4) Proposed Zoning Code Amendments Please find attached a memo outlining the status of our various zoning code amendments. As directed by Council at the December 1 Study Session, staff has been working diligently with the Planning Commission to forward recommendations on the ordinances to City Council for consideration. The Planning Commission has forwarded recommendations for approval of four (4) specific ordinances after public hearings held in December and January (also attached). As noted in the memo, we are intending to schedule those for City Council ist readings in February, without having additional City Council study sessions. As requested by the Mayor and Council, we have also begun the discussion regarding new mixed use zoning districts with the Planning Commission. Staff will be doing research into various examples/models of those types of districts and presenting that research at an upcoming study session with the Planning Commission. That will likely occur in March and based on comments, questions and input at that meeting, we will be able to develop a better schedule for that specific code amendment. Please let me know if you have any questions or comments. Thank you. City of Wheat idge COMMUNITY DEVELOPMENT Memorandum TO: Randy Young, City AEV THROUGH: Ken Johnstone, Community Development Director FROM: Jeff Hirt, Planner II DATE: January 22, 2009 SUBJECT: Status of Short Term Zoning Code Amendments The purpose of this memo is to provide an update on the status of the zoning code amendments project and inform council of staffs intent for next steps. The key items staff would like to bring to council's attention are the following, as further described in the table below. Staff is proposing to bring two zoning code amendment ordinances for first reading for the February 9 council hearing and two more for first reading on February 23. With the support of Planning Commission, staff will be undertaking the process to implement a new mixed use zone district(s). The intent of this district will be to accommodate the types of desirable development the NRS promotes along with some level of administrative flexibility built into the district with regards to development standards and approval processes. The following table provides a more detailed summary of the amendments staff is currently working on. Status of Short Term Zoning Code Amendments - January 22, 2009 Code Amendment Status 1. Zoning district boundary discrepancies • Ordinance brought to Planning Commission at December 18, 2008 public hearing with recommendation for approval as presented by staff. • Staff is proposing to bring this ordinance to a first reading before City Council on February 9, 2009, with a public hearing on February 23, 2009. Short Term Code Amendments 1122109 Status of Short Term Zoning Code Amend ments - January 22, 2009 Code Amendment Status 2. Floodplain administrator decision- . Ordinance brought to Planning Commission at making authority December 18, 2008 public hearing with recommendation for approval as presented by staff. • Staff is proposing to bring this ordinance to a first reading before City Council on February 9, 2009, with a public hearing on February 23, 2009. 3. Extended Stay Lodging • At their December 18, 2009 public hearing, Planning Commission recommended hotel/motel outreach prior to bringing ordinance forward to public hearing(s). 4. Residential development standards • At their December 18, 2009 public hearing, (Setbacks, lot coverage, etc.) Planning Commission recommended comprehensive approach to development standards rather than initial focus only on front setbacks for short term amendments. • Staff is initiating a study session with Planning Commission with possibility of joint study session with the Board of Adjustment. 5. Accessory buildings in commercial • At their December 18, 2009 public hearing, districts Planning Commission recommended staff propose more flexibility and limited allowances. 6. Planned developments and property • Ordinance brought to Planning Commission at owner consent January 15, 2009 public hearing, with recommendation for approval as presented by staff. • Staff is proposing to bring this ordinance to a first reading before City Council on February 23, 2009, with a public hearing on March 9, 2009. 7. City initiated "upzonings" • Ordinance brought to Planning Commission at January 15, 2009 public hearing, with recommendation for approval as presented by staff. • Staff is proposing to bring this ordinance to a first reading before City Council on February 23, 2009, with a public hearing on March 9, 2009. 8. Residential density in Planned • Scheduled for February 5, 2009 Planning Residential Developments (PRD) and Commission public hearing in ordinance form. Planned Mixed Use Developments (PMUD) 9. Parking regulations • Staff is working on internal draft, estimated March Planning Commission hearing of ordinance. Short Term Code Amendments 1/2210Y Status of Short Term Zoning Code Amendm ents - January 22, 2009 Code Amendment Status 10. New mixed use zoning district(s) • At their January 15, 2009 meeting, Planning Commission was in support of staff moving forward with a new mixed use zone district, with supplemental design standards and administrative flexibility. 11. Assembly of land in the R-3 district for . No drafts yet multi-family 12. Residential group home density • No drafts et CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 2-2009 Ordinance No. Series of 2009 AN ORDINANCE AMENDING CODE OF LAWS CHAPTER 26 CONCERNING ZONING DISTRICT BOUNDARY DISCREPANCIES AND INTERPRETATIONS WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, the Council of the City of Wheat Ridge finds that more flexibility is desirable with regards to zoning district boundary discrepancies and interpretations; and WHEREAS, the Council of the City of Wheat Ridge finds that providing flexibility, options, and a clear procedure for dealing with zoning district boundary discrepancies and interpretations creates an incentive for making improvements to property; and WHEREAS, the Council of the City of Wheat Ridge finds that this amended ordinance provides sufficient parameters and public involvement to deal with zoning district boundary discrepancies and interpretations. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26-119 of the Code is repealed and reenacted to read: Section 26-119 Zoning and Mapping COMertions Interpretation of Zoning District Boundaries A. Purpose The purpose of this section is to provide flexibility for the utilization of properties that contain uncertain or multiple zoning district boundaries. The City recognizes that these properties may present a challenge for physical improvements. The intent is to accommodate adjustments and corrections to the Official Zoning Map that are minor in nature and that may result in physical improvements to property. B. Zoning District Boundaries Uncertain Where uncertainty exists as to the boundaries of zoning districts as shown on the Official Zoning Map, the following shall apply: 1. Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall be construed to follow such centerlines. 2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. 3. Boundaries indicated as approximately following city limits shall be construed as following city limits. 4. Boundaries indicated as approximately following railroad lines shall be construed to be midway between the main tracks. 5. Boundaries indicated as approximately following shorelines shall be construed to follow such shorelines. Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines. In the event of a natural change in the shoreline or centerline, the district boundary shall be construed as moving with the actual shoreline or centerline. In the event of a change directly or indirectly the result of human actions, the district boundary shall not be construed as following the new shoreline or centerline. 6. Boundaries indicated as parallel to or extensions of features indicated in subsections 1. through 5. shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the legal description as contained in a rezoning ordinance or resolution adopted by the city council, or, if the zoning pre-dates the adoption of Ordinance No. 98, adopted on May 2, 1972, shall be determined by measurement of the Official Zoning Map currently in effect. 7. Where physical or cultural features existing on the ground are different than those shown on the Official Zoning Map, or in other circumstances not covered by this section subsections n through F. above, the Community Development Director beaFd e# adfestmeRt shall interpret the district boundaries in accordance with procedures set forth in Section 26-119. E Gtion 26 115. 8. Boundaries indicated as approximately following section lines or division lines of sections (i.e. quarter-section lines) shall be construed to follow such land lines. (Ord. No. 2001-1215, § 1, 2-26-01) C. Lot Line Adjustments and Right-of-Way Vacations 1. A zoning district boundary shown on the Official Zoning Map as approximately following a property line shall be construed as following the property line as it actually existed at the time the zoning district boundary was established. If, subsequent to the establishment of the zoning district boundary, a property line is moved as a result of a legally performed property line adjustment pursuant to Articles I and IV of this Chapter, as applicable (including right-of-way dedications and vacations), the zoning district boundary line shall be construed as moving simultaneously with the property line if the Community Development Director determines that each of the following apply: a_ The property line adjustment is minor in nature, b. The corresponding adjustment in the zoning is consistent with the goals, objectives, and intent of the Comprehensive Plan; and c. The adjustment is consistent with the general zoning pattern in the area. L IBS°LS LLI Example 1: Three options are available to resolve this "split zoning" subject to Section 26- 119.13. 1) The entire lot may be considered R-2, 2) each portion of the lot may be used as R-2 or C-1 within the respective boundaries, or 3) an administrative adjustment to the map may be requested. Example 2: Two options are available to resolve this "split zoning". C-1 is considered a "higher intensity" zone district; therefore it may not be utilized for the entire lot even though it encompasses the majority of the lot. 1) Each portion of the lot may be used as R-2 or C-1 within the respective boundaries, or 2) an administrative adjustment to the map may be requested. Figure 26-119.1: Interpretation of zoning district boundaries 2. If the above requisite conditions are satisfied, the Community Development Director may direct that the Official Zoning Map be adjusted pursuant to Subsection E, below. If any of these conditions are not satisfied, the zoning district boundary may only be moved pursuant to the rezoning process set forth in Section 26-112. D. Lots with Two or More Zoning Districts Where a zoning district boundary line divides a lot that has single ownership at the time of the passage of this Code, zoning and use of the lot shall be governed by one of the following provisions, as elected by the Community Development Director (See Figure 26-119.1): 1. The lot shall be considered to be in the zoning district in which the majority of the land area of the lot falls, provided that the lower intensity zone district is utilized in accordance with Figure 26-119.2 and the zone district to be utilized is consistent with the Comprehensive Plan at the sole discretion of the Community Development Director, or until such time as a rezoning is sought pursuant to Section 26-112 of this Code; or 2. Each portion of that lot so divided may be used in conformity with and subject to the regulations applicable to the district in which it is located; or 3. The Community Development Director may make an administrative adjustment to the Official Zoning Map in accordance with the procedures set forth in Section 26-119.E below. 4. Properties under one ownership that exceed 1 acre in size may only be used in accordance with subsection 2 above. E. Administrative and Minor Adjustments to the Official Zoning Map Where the zoning district boundary cannot be interpreted in accordance with subsections B. through D. above, the Community Development Director may make an administrative adjustment in accordance with this Subsection E. 1.Procedure for Administrative Adjustments An application for an adjustment to the Official Zoning Map may be made to or initiated by the Community Development Director. The Community Development Director may administratively amend the Official Zoning Map under the following conditions. a. The adjustment does not extend the zone district boundary more than 50 feet: b. The property subject to the adjustment does not exceed 1 acre in size; c. The adjustment is consistent with and does not violate this Code, the City Charter, the Comprehensive Plan, or any other applicable rules and regulations of the City; and d. The Community Development Director has notified adjacent property owners by letter notice and posting of the site at least ten (10) days prior to rendering his decision, and that no objections have been received during such ten-day period. Any objections must be received in writing and be directly related to the proposed boundary adjustment. General objections regarding existing land use conditions or issues unrelated to the boundary adjustment will not be considered valid objections for purposes of this provision, e. If the Community Development Director initiates an administrative adjustment, the procedures set forth in subsections a-d above shall be followed after the following conditions are satisfied: i. The Community Development Director shall notify the current property owner by certified mail of the adjustment and A-1 Lower A-2 R-1 R-1 A R-1 B R-1 C R-2 R-2A R-3 R-3A NC RC C-1 C-2 Higher ii: If within 30 days of said notice the owner fails to submit a Figure 26-119.2: Zone district written protest to the adjustment, the Director is levels of intensity. authorized to initiate the adjustment in accordance with subsections a-d above. t. Fees for administrative adjustments shall be equal to those for administrative variances as set forth in the City's fee schedule. 2. Appeals a. Appeals of the Community Development Director's decisions and interpretations under this Section may be taken to City Council by the subject property owner or an adjacent property owner. A written appeal must be received by the Community Development Department within ten (10) days of issuance of the appealed decision. b. The City Council shall conduct a public hearing on the appeal. Notice of the hearing shall be given in the manner provided in section 26-109. Council shall hear additional evidence and testimony presented and affirm, reverse or modify the Community Development Director's decision or interpretation after considering the applicable criteria and standards. 3. Minor corrections The Community Development Director may, from time to time, make minor corrections to the Official Zoning Map asset forth below. a. Subdivisions Corrections to name of subdivisions, locations of lot lines and boundary lines, location and names of streets and alleys and railroads. b. Base map Corrections to watercourse locations or names, location or names of lakes, names or location of street or railroads. c. Zoning information Corrections to names of planned developments, case numbers, and closure of zone districts in accordance with the most recent record of zoning action where there is no zoning line separation between two (2) different zone districts. d. Verifiable Errors Where a verifiable error is discovered in the zone classification of any particular parcel as displayed on the Official Zoning Map, or as represented in a rezoning ordinance, the Community Development Director shall notify the current property owner by certified mail of the error and shall inform the owner of the intent to correct the error based upon the record of the last rezoning action. The Director shall also notify City Council of the proposed correction by memorandum, including documentation which supports the corrective action. If within thirty (30) days of the date of notice to the property owner, he or she fails to submit a written protest to the correction, the Director may correct the error and shall publish a legal notice of the correction. However, if the owner does file a written protest, a rezoning action shall be initiated. The rezoning action shall be subject to the provisions of section 26-112 except that no fee shall be assessed. e. Miscellaneous Corrections At any time minor corrections to the Official Zoning Map which do not affect the zoning of any parcel may be made with the approval of the Community Development Director and with a note added under the "revisions" box on said map, indicating that an "administrative correction" has been made, a case file shall be created with a case number assigned for each correction, with information contained in the file which gives the location and nature of the correction. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1288, 1, 2, 5-12-03) Section 2: Section 26-203 of the Code is repealed to read: Sec. 26-203. Rules for interpretation of district boundaries [Repealed] Section 3: Section 26-115 of the Code is amended to read: Sec. 26-115. Variance/waivers/temporary permits/interpretations 1. Interpretations The board of adjustment is empowered to hold public hearings to decide upon requests for interpretation of certain of the provisions of this chapter in such a way as to carry out their intent and purpose. This authority shall extend only to the following: a. The basic intent and purpose of words, phrases or paragraphs as applied to a specific proposal or instance. b. Use of property as an "other similar use;" however in no instance shall the board make an interpretation that a particular use may be permitted in a zone district where that use is specifically enumerated in a higher; that is more intensive, zone district. c. Relationship Of PhY6iGaI stFeets, Fights of way, , propert boundaFies, City of Wheat Ridge. Section 4: Section 26-106 of the Code is amended to read: Sec. 26-106. Review process chart. TABLE INSET: Pre-Application Final Approval Requested Neighborhood Staff BOA URPC Notes Staff PC CC Site Plan 4 X A A § 26-111 Major Subdivision X H H URA § 26-404.C Minor Subdivision X H H URA § 26-404.13 (w/dedications) Minor Subdivision X H URA Appeal to CC (w/o dedications) § 26-404.6 Minor Plat Correction, X A § 26-409 Amendment, Revision Lot Line Adjustment X A § 26-410 Consolidation Plat X H H URA 1 § 26- (w/dedication) 404.D Consolidation Plat 4 X A URA § 26-117 (w/o dedication) Planned Development: Outline Development x X H H URA 2 ART III Plan (ODP) Planned Development: Final Development Plan X A URA ART III (FDP) Planned Development: Outline Development x X H H URA 2 ART III Plan Amendment Planned Development: Final Development Plan X A URA ART III Amendment Rezoning, Private x X H H URA 2§ 26-112 Rezoning, City X H H URA 2 § 26-113 § 26-114 Special Use x X A H URA Appeal to CC Variance-- Appeal to Administrative A A BOA § 26- 115.C Variance--Non- H URA § 26-115.C administrative Pre-Application Final Approval Requested Neighborhood Staff BOA URPC Notes Staff PC CC Temporary Permit H A § 26-115.D Appeal to Interpretation A BOA § 26- 115.E Administrative Appeal CC Adjustments to the A .E § 26-1199. Official Zoning Map Historic Designation H URA ART IX Planned Bldg. Group 4 X A H A 3§ 26-116 Floodplain Permit--Class 1 A § 26-806 Floodplain Permit--Class I I 4 X H § 26-806 Right-of-way Vacation X H H URA § 26-118 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. -2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE AMENDING CODE OF LAWS SECTION 26-311 OF CHAPTER 26 CONCERNING AMENDMENTS TO DEVELOPMENT PLANS IN PLANNED ZONING DISTRICTS (CASE NO. ZOA-08-07) WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, the City Council of the City of Wheat Ridge finds that the proposed amendments provide a useful tool to encourage redevelopment in current and future planned developments; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26-311 of the Code is amended to read: Sec. 26-311. Amendments to development plans. A. The procedures and requirements for amending an approved development plan (outline or final) shall be the same as prescribed for original approval, except as provided for under subsection (C) below. All applications for amendment to an outline development plan must be approved in writing by at least 25 percent of' the au owners of real property contained within the area originally approved by the outline development plan, unless specific alternative provisions have been approved by city council as part of the unified control agreement. I All applications for amendment to a final development plan must be approved in writing by only the property owner for the property where the amendment is being requested being r° ,Amendments may be initiated by any property owner within an approved development plan or by the city in accordance with Suction 20-311. If the amendment affects the provisions for access, drainage, utilities and/or circulation, affected property owners must consent to the application for amendment in writing.2 1 NOTE: At the direction of the Planning Commission, we have revised this language as shown for outline development plans. Final development plan amendments are administrative and generally do not effect the character of the planned development, therefore we suggest eliminating consent from other property owners in the planned development for these types of amendments. 2 NOTE: We suggest keeping this statement in to cover any relevant easements or agreements (access, utilities, drainage, etc) that may affect adjacent property. B. Outline development plan amendments. Amendments to the underlying outline development plan are required and will be processed the same as prescribed for original approval if any one (1) of the following is proposed: 1. Increase in the gross floor area of structures beyond the authorized maximum allowed on the approved outline development plan. 2. Proposed land uses are not permitted on the approved outline development plan. 3. Increase in density or intensity of use. 4. Decrease in perimeter setbacks. 5. Reduction in required buffer areas. 6. Increase in height of any structures. C. Final development plan changes. A final development plan may vary from the approved outline development plan so long as the thresholds for an outline development plan amendment are not met as set forth in subsection B above. Variations include, but are not limited to, re-orienting buildings and parking lots, changes in landscaping areas, changes in architectural details, changes to interior setbacks and similar changes that do not affect neighboring properties or the overall character of the development. At no time can approval of a final development plan result in any increase beyond a maximum development standard or any decrease below a minimum development standard listed on the outline development plan. If any of these conditions occurs, the outline development plan must be amended as described in subsection B. Once a final development plan is recorded, any amendment requested that complies with the limitations of this subsection B shall be processed in the manner prescribed for original approval. D. Any changes or revisions to an outline or final development plan which are approved, either administratively or by city council action, must be recorded with the Jefferson County Recorder as amendments to the original recorded development plan subject to the deadline provisions of subsection 26-308.D.4.d. E. Variances. Variances to the strict application of development standards established by an outline development plan may be requested only for properties within single- and two-family planned residential developments, following the applicable administrative or non-administrative variance process as prescribed in section 26-115. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1319, § 1, 4-12-04; Ord. No. 1383, § 6, 5- 14-07) CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. -2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE AMENDING CODE OF LAWS SECTION 113 OF CHAPTER 26 CONCERNING CITY INITIATED ZONE CHANGES (CASE NO. ZOA-08-08) WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, the City Council of the City of Wheat Ridge finds that the proposed amendments provide a useful tool to encourage redevelopment as outlined in the adopted Neighborhood Revitalization Strategy and adopted subarea plans; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26-113 of the Code is amended to read: Sec. 26-113. City-initiated rezoning. A. Applicability. This rezoning procedure applies to eity • ide and laf area, ultiple pr-opeAy rezonings initiated by city council. Applications for city-initiated rezonings nlay be made with or without consent from affected property owners.1 City-initiated reionin"s may be to any zone district. In the event of a city-initiated zone change to a ptarnncd development district. the procedures in Section 26- 308 shall he followed fir the outline and final development plan, excluding the required authorization from property owners. In the event of an amendment to a planned development district, the procedures set forth in Section 26-311 shall be followed. excluding the required authorization h-om property owners. To beeligible thf this proms diffe, large ^ .,..iAfi:p1e :p pelt. riRf4 enly in efdef to rezone property to a less int ensive (lower) zone > ex for ample, (R 3) t R id tW O R 1) R i t i lt l di t i t f o es en ne ( . ezon ng o di t i t h ll t b id d i any agr eu ufa zone s f e fem t l i t i t any 0 zene s r- e s a no e eens er-e a r-ezen ng o a ess n ens ve zone ea eger-y . 1 NOTE: This statement clarifies the current code provisions for property owner consent with city-initiated zone changes, as this is not clearly spelled out but implied with Section 26-113.B. Lc below. B. Procedure and notice: 1. General. The city council may, at a regular or special meeting, initiate this rezoning procedure by adoption of a resolution setting forth the general area of the proposed rezoning, stating the intended purpose and objectives to be achieved by the rezoning, and referring the matter to the planning commission for a public hearing and recommendation. a. Prior to any public hearing before the planning commission, the city shall be required to hold a neighborhood meeting according to the requirements of section 26-109A. (See section 26-109A. for requirements). b. City-wide rezoning: Where a city-wide or comprehensive rezoning has been initiated by the council, notice shall include publication of a public hearing notice in a newspaper of general circulation at least fifteen (15) days prior to the date of the public hearing, which notice shall include a description of the proposed rezoning and a map which illustrates the geographic extent of the proposed rezoning. c. All other city-irnitiatecl rezomings Large afea, : A city- initiated )le })+opeft rezoning shall, in addition to the newspaper notice required by subsection ~ above of this , be noticed by certified mail notice sent to all owners of record of real property included within the area to be rezoned at least fifteen (15) days prior to the date of public hearing. 2. Planning commission action. The planning commission shall hear and consider any evidence or statement presented by city staff or by any person in attendance at the hearing. The planning commission shall make a recommendation to city council to approve, approve with modifications or deny the rezoning proposal. The commission's recommendation shall be based upon the facts presented in the public hearing in consideration of the criteria for review specified in section 26-112. 3. City council action. Upon receipt of the planning commission's recommendation, the city council shall hold a public hearing on the proposal. The hearing conducted on second reading of the proposed rezoning ordinance shall satisfy this requirement. Notice of the hearing shall be the same as for the planning commission hearing; however, publication of the ordinance on first reading, together with any the required map, shall meet the newspaper publication requirement. The city council, in addition to consideration of the planning commission record, shall hear additional evidence and testimony presented and either approve, approve with modifications, or reject the ordinance. The city council shall base its decision upon all evidence presented, with due consideration of the criteria for review set forth under section 26-112.D. In the event of a protest against such change of zone, signed by the owners of twenty (20) percent or more of the area: 1. Of the property included within the proposed change; or 2. Of those immediately adjacent to the rear or any side of the property, extending one hundred (100) feet from the property; or 3. Of those directly opposite across the street from the property, extending one hundred (100) feet from the street frontage of such opposite property, such change shall not become effective except by the favorable vote of three-fourths (3/4) of the entire city council. Where land within the area proposed for change, or adjacent or opposite land, as defined above, is owned by the City of Wheat Ridge, such property shall be excluded in computing the required twenty (20) percent, and owners of non-city land within the one- hundred-foot limit, as defined above, shall be considered adjacent or opposite despite such intervening city land. The written protest to such change shall be submitted to the city council no later than the hearing on the proposed rezoning. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1316, § 2, 1-12-04) CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 3-2009 Ordinance No. Series of 2009 AN ORDINANCE AMENDING CODE OF LAWS ARTICLE VIII OF CHAPTER 26 CONCERNING FLOODPLAIN ADMINISTRATOR DECISION-MAKING AUTHORITY & FLOODPLAIN DEVELOPMENT STANDARDS WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, the City Council of the City of Wheat Ridge finds that more administrative flexibility is desirable with regards to floodplain development standards; and WHEREAS, the City Council of the City of Wheat Ridge wishes to make other conforming changes. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26-802 of the Code is amended to read: Sec. 26-802. Definitions. Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage, so as to be consistent with the definition given the term in other portions of this zoning code, and to give these regulations their most reasonable application. Floodplain administrator. The Director of Public Works city T or his designee is assigned the responsibility to coordinate and deal with all aspects of these regulations. Section 2: Section 26-803 of the Code is amended to read: Sec. 26-803. General provisions. A. Jurisdiction. The provisions of this article shall apply to all lands within the Flood Regulatory District as defined on the official maps and engineering reports of the City of Wheat Ridge. B. District types. The Flood Regulatory District covers the area inundated by the 100-year flood. The Flood Regulatory District has been divided into two (2) subdistricts: The Floodway District and the Flood Storage District. The Flood Regulatory District, the Floodway District, and the Flood Storage District are not separate zoning districts, but are overlay districts over existing zoning districts. In addition to meeting the conditions of the underlying zoning district, any property to be developed in the Flood Regulatory District must meet the conditions of the applicable overlay flood district. C. District determination. All properties within the boundaries of the 100-year flood as shown on the current flood insurance rate map for the City of Wheat Ridge, shall be in either the Floodway or Flood Storage District and shall be subject to the requirements of sections 26-805 Floodway District, or 26-806 Flood Storage District, respectively. D. Boundaries. The boundaries of the Flood Regulatory District, Floodway District and Flood Storage District have been defined by computing the 100-year flood limits under existing channel and floodplain conditions as shown on the official maps and engineering reports. The boundaries of the Flood Regulatory District, Floodway District and the Flood Storage District shall be as they appear on the official maps and engineering reports kept on file in the office of the Floodplain Administrator` city eRgieeer. The boundary lines on the map shall be determined by the use of the scale and other surface features appearing on the map. When there is a conflict between the boundary lines illustrated on the map and the actual field conditions, the dispute shall be settled according to section 26-808. G. Official maps and engineering reports. The location and boundaries of the Flood Regulatory District shall be as identified by the Federal Emergency Management Agency in "The Flood Insurance Study for Jefferson County, Colorado", dated June 17, 2003, and any amendments or revisions thereto are hereby adopted by reference and declared to be a part of this article. The location and boundaries of the Floodway and Flood Storage Districts shall be as shown in the following engineering reports and accompanying maps: 1. Flood Insurance Rate Map (FIRM) panels dated June 17, 2003 for portions of the City of Wheat Ridge. 2. Clear Creek: Flood Hazard Area Delineation of Clear Creek by Icon Engineering For the Urban Drainage and Flood Control District, April, 2007. 3, Clear Creek: Clear Creek Floodplain Revisions at McIntyre Overflow - Letter Report by Icon Engineering dated October 27, 2008. 4. Lena Gulch: Flood Hazard Area Delineation Lena Gulch (Lower) by George K Cotton Consulting for the Urban Drainage and Flood Control District, October, 2007. The flood insurance rate map and the above-mentioned engineering reports constitute the current flood insurance study for the City of What Ridge and are hereby adopted by the above reference and declared to be part of these regulations. The flood insurance rate map and the above- mentioned engineering reports, which constitute the flood insurance study are on file at the Wheat Ridge Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado, (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1293, § 1, 6-9-03; Ord. No. 1411, § 1, 3-24-08) Section 3: Section 26-806 of the Code is amended to read: Sec. 26-806. Flood Storage District. F. Development standards. The following regulations shall apply to all permitted development and uses within the Flood Storage District: 1. All new structures which are walled and roofed and greater than one hundred twenty (120) square feet in size must be elevated one (1) foot above the base flood elevation. 2. All development shall be evaluated based on any analysis of an equal degree of encroachment based on conveyance of the 100-year flood extending for a significant reach on both sides. 3. No Flood Storage District uses shall adversely affect the efficiency of or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. 4. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure and to withstand hydrodynamic loads. 5. All new construction, aRd substantial improvements, and fences shall be constructed with materials and utility equipment resistant to flood damage. Section 4: Section 26-808 of the Code is amended to read: Sec. 26-808. Administration. A. Floodplain administrator. The Director of Public Works city engineeF of the City of Wheat Ridge or his designee shall be the floodplain administrator. The duties of the administrator shall include, but not be limited to: 1. Coordination between departments and divisions: a. Coordinate the application, permit, review, appeal, certification and enforcement processes between the office of the Floodplain Administrator city engine and the department of community development's divisions of planning, building, and code enforcement as appropriate to ensure compliance with these regulations and an efficient use of staff. City of or Wheat idge PUBLIC WORKS Memorandum TO: Mayor and City Council THROUGH: Randy Young, City Manager 0~ FROM: Tim Paranto, Director of Public Works DATE: January 20, 2009 SUBJECT: Purchase of 3453 Simms Street The new master drainage plans for Lena Gulch and Clear Creek recommend many projects which will reduce flooding, improve channel capacity, address erosion or improve water quality. Only one project, the Lena Gulch channelization project from Lewis Meadows to Simms Street, requires acquisition and removal of homes, one on Swadley Street and one on Simms Street. While funds are not available at this time to address any of the projects, Staff recommends the purchase of the Lena Gulch houses, when available, to avoid displacing residents from their homes when the project is funded. Additionally, early removal of the houses from the floodplain will provide substantial relief from flooding for eleven (11) other homes in the neighborhood. The Swadley house on Lena Gulch was purchased last year after the owners moved to Florida. The house is currently under contract for demolition. The owners of the other Lena Gulch home, at 3453 Simms Street, have recently contacted the City, offering their property for sale. Staff has met with one of the property owners to discuss the desire to sell, timing of the sale and the process required for City purchase. While the acquisition of this property is not budgeted, Staff has explored possible assistance from the Urban Drainage and Flood Control District (UDFCD). UDFCD has agreed to partner with the City to purchase the property and will reimburse the City one half of the costs of acquisition and demolition, estimated at $400,000. Staff requests approval to prepare a purchase contract for acquisition of 3453 Simms Street for its appraised value, as well as permission to provide a Letter of Intent to UDFCD concerning an intergovernmental agreement (IGA) for the project. Once the purchase contract is prepared and executed by the property owners, the contract and the UDFCD IGA will be brought to City Council for approval. A budget amendment of $200,000 will also be prepared for City Council action at that time. After the purchase contact is executed by City Council, the property will be appraised and a closing date set (tentatively in early June). Staff will solicit proposals for demolition of the house once the City takes possession. As always, I am available to answer any questions in this matter City of Wheat Ridge 53 Simms Stre State Plane Coo ov sie Prgecson Colorado Central Zone Wtun, NA083 DISCLAIMER NOTICE: This is a pictorial representation of geographic and demographic information, Reliance upon the accuracy, reliability and authority of this information is solely requesior's responsibility. The City of Wheat Ridge, in Jefferson County, Colorado - a political subdivision of the State of Colorado, has compiled for its use certain computerized information This information is available to assist in identifying general areas of concern only. The computemed information provided should only be retied upon with corroboration of the methods, assumptions, and results by a qualified independent source. The user of this information shall indemnify and hold free the City of Wheat Ridge from any and all liabilities, damages, lawsuits, and causes of actin that result as a consequence of his reliance on information provided herein City of Wheat Ridge, Coorado 7500 West 24th Avenue Wheat Ridge, CO 80033.8001 303.234.5900 City of ,!!91Wh6-atR j,jg,e PARKS AND RECREATION Memorandum TO: Mayor and City Council THROUGH: Randy Young, City M~ ,1 ' FROM: Joyce Manwaring, Parks and Recreation Direct r DATE: February 2, 2009 SUBJECT: Park Naming Policy Attached is the revised Policy and Procedure for Naming Parks and Recreation Department Parks and Facilities. The Parks and Recreation Commission has been working diligently on revising and updating the current policy, which was last revised in 1992. The attached policy was passed by a majority vote at the January Parks and Recreation Commission meeting for recommendation to City Council for adoption. This item will be scheduled for adoption by resolution at the February 23, 2009 City Council meeting. In the updating of this policy, staff researched other municipal and district Park Naming policies and/or guidelines. This document is a reflection of that information combined with the current policy. The document also includes a list of all the parks, facilities and the dates they were named, as well as the justification and or history of the names. Because several sites have been added or received a name change since 1992, the list has been updated in the new policy. The changes from the current document to the attached revised document are as follows: • Section I Authority to Name o Adds "Renaming" to this section, which was referred to as "Change of Name" in section VI of the 1992 document. This change does not affect the intent of the original policy. o Adds c) "If the recommended name is not approved by City Council, the item shall be referred back to the Parks and Recreation Commission." The addition of this item provides a path for the process that did not exist in the prior policy, as the prior policy did not clarify what the procedure was if City Council did not approve the recommended name. Section 2 Naming Proposals o Adds d) "The Parks and Recreation Commission, through the Parks and Recreation Department, may but is not required to solicit names from the general public for park naming." The 1992 document did not specify whether public input was required in the process. The basis for this addition is that soliciting names from the general public may or may not be appropriate for every naming opportunity. • Section 5 Existing Names o This section has been updated with the park and facility additions since 1992, as well as any locations that were not originally documented in the policy. Section 6 Change of Name o This section has been relabeled as Renaming Guidelines and adds policy in the event a request to rename a park or facility is submitted. ■ The content addresses the justification for renaming considerations ■ Allows renaming only for location or subdivision names ■ Allows renaming for a location that has been named for an individual only if continued use of that name is not in the best interest of the community. POLICY AND PROCEDURE FOR NAMING PARKS AND RECREATION DEPARTMENT PARKS AND FACILITIES Adopted by Resolution _-2009 ( 12009) General - Park and facilities names are often as enduring as the property itself; therefore, the selection of a proper name is, and should be, a serious matter. Selections should attempt to induce a dynamic community impact, add credibility to the park or facility, create a cohesive theme, express appreciation, create lasting public relations, promote education, lift the mind and bond our heritage and very being to the land. 1) Authority to Name or Rename: a) Any park, parkway, recreation building, swimming pool, ball field, or any other facility managed and controlled by the Parks and Recreation Department of the City of Wheat Ridge, hereinafter called park and/or facility, shall be named or renamed only by the Parks and Recreation Commission on affirmative vote of 2/3 majority of all members of said commission present. b) The name shall then become the official name upon approval of a 2/3 majority of the City Council. c) If the recommended name is not approved by City Council, the item shall be referred back to the Parks and Recreation Commission. 2) Naming PrODOsals: a) Proposals to name any park and/or facility may be initiated by any Parks and Recreation Commission member at any regular meeting of the commission. Also, any citizen of Wheat Ridge or the Director of Parks and Recreation may submit proposals in writing or by personal appearance at any regular meeting of the commission. b) Any such proposals must include reasons for the proposed name and as much evidence as possible in the form of letters, petitions, and/or personal appearance at a Parks and Recreation Commission meeting, of neighborhood or community support of the proposed name. c) Any such letters or petitions much certify that each signer is or has been a resident of the City of Wheat Ridge, show each signer's address and telephone number. d) The Parks and Recreation Commission, through the Parks and Recreation Department, may but is not required to solicit names from the general public for park naming. Policy and Procedure for Naming Page 2 Parks and Recreation Department Parks and Facilities i) Park names may be solicited within parameters established by the Parks and Recreation Commission for a specific site. ii) Time limits for name considerations will be established by the Parks and Recreation Commission on an individual park basis. 3) Naming Guidelines: a) All proposed names shall meet one or more of the following guidelines. However, the Parks and Recreation Commission may waive any or all of these guidelines upon a motion approved by a majority of commission members present. b) A park and/or facility may be named for: (1) An event; provided such event directly affected, affects or would be meaningful to the citizens of Wheat Ridge. (2) A deceased person; provided the person has been known to be of good character, known to have never been convicted of a felony, and has contributed to the betterment of Wheat Ridge in some greater than average manner or who was of historic significance to the City, County, State or Nation. (3) A living _person; provided he/she has met all selection criteria for a deceased person and who in addition has been exceptionally outstanding in his/her contribution to the betterment of the Wheat Ridge. In addition, a written approval signed by the said person, agreeing to the naming, must be submitted with the proposal. (4) A donor or group of donors of land, considerable property, or money, provided such donation was large and significant or represented considerable sacrifice by the donor or donors. (5) A place name, such as the neighborhood where located or a geographical or man-made feature; provided this name tends to identify the location or character of the park and/or facility. 4) Unacceptable Names: Generally, no park and/or facility may be named for any of the following unless waived by a majority of the Parks and Recreation Commission members: a) Any person, living or deceased, who has had no connection with the Wheat Ridge, excepting persons of historical significance to the City, County, State or Nation. Policy and Procedure for Naming Page 3 Parks and Recreation Department Parks and Facilities b) Any church or religious organization, political organization, service club, fraternity organization or any other organized group unless they fully meet the guidelines listed above. 5) Existing names: a) This policy has no effect on existing official and/or accepted names of parks and/or facilities. b) The following such names are hereby designated as official names upon passage of this policy: i) Anderson Community Building - a building in Wheat Ridge at West 44th Avenue and Field Street named in honor of Wheat Ridge's first Mayor by action of City Council. ii) Anderson Park - a park at West 44th Avenue. and Field Street, originally named Wheat Ridge Park was renamed in honor of the first Mayor of Wheat Ridge by action of City Council. iii) Apel-Bacher Park - a park at West 45th Avenue and Vance Street named for historic landowners of the property. iv) Boyd's Crossing Park - a park at West 45th Avenue and Everett Street named for a historic site used to cross Clear Creek. v) Clear Creek Greenbelt Park - park areas along Clear Creek owned and leased, excepting those areas with other names - Johnson, Wheat Ridge and Prospect. vi) Creekside Park - a park located at 49th and Marshall Street named for its geographic location adjacent to Clear Creek including Manwaring Field named through the Colorado Rockies Field-of-Dreams Program and named after Rockies catcher Kirt Manwaring who personally contributed funding. vii) Founders' Park - a park at 37th and Jay Street, a former carnation greenhouse site named for all of the founders of the Wheat Ridge Community. viii) "Hank" Stites Park - a park at West 29th and Newland Street named in honor of Mayor Frank (Hank) Stites who was also a long time member of the Wheat Ridge Recreation District Board. ix) Happiness Gardens - a community garden at 4226 Ammons Street named to recognize the happiness that gardening would bring to the students of Wilmore Davis elementary school who were being encouraged to participate. X) Hayward Park - a park at West 29th Avenue and Wadsworth Boulevard named in honor of the previous owner by Parks and Recreation Commission action. xi) Historical Park - a park at 46th Avenue and Robb Street named by general usage (including Sod House, Coulihan Cabin, the first Wheat Ridge Post Office and Museum). Policy and Procedure for Naming Page 4 Parks and Recreation Department Parks and Facilities xii) Horace E. Randall Park - a park at 43rd Avenue and Fenton Street named by the board of the Wheat Ridge Recreation District in honor of a board member, secretary of said board for many years, who in this capacity did much for parks and recreation in the area. xiii) Johnson Park - a park at Clear Creek and Wadsworth Boulevard. The easterly portion was named by the donor in honor of his deceased wife, Elizabeth Johnson, as a condition of the gift to the Wheat Ridge Lions Club (who subsequently donated the park to the Wheat Ridge Recreation District). The westerly portion was named Samuel Johnson Park in honor of the donor, Judge Samuel Johnson. Subsequent additions to this park between Wadsworth Boulevard and West 44th Avenue by the City of Wheat Ridge, also bear the name Johnson Park. xiv) Panorama Park - a park at 35th Avenue and Depew Street named by contest when under the jurisdiction of the Wheat Ridge Recreation District. xv) Paramount Park - a park at West 27th Avenue and Kipling Street named for the subdivision in which it was located when under the jurisdiction of the Prospect Recreation District. xvi) Prospect Park - a park at West 44th Avenue and Robb Street named while under the jurisdiction of the Prospect Recreation District in honor of early prospectors who came up Clear Creek. xvii) Richards-Hart Estate - a park and historic mansion located at West 28th Avenue and Benton Street and named for the original owner/builder and the owner in longest residence. xviii) Wheat Ridge Municipal Pool - the name given to the outdoor pool located in Anderson Park at 44th and Field when it was constructed and opened to the public in 1980. xix) Wheat Ridge Recreation Center - Represents the geographical location of the Center. Named by City Council action. xx) Wheat Ridge Senior/Community Center - a building at 6363 W. 35th Avenue used by the seniors of Wheat Ridge and as a community center for recreational programming for the citizens of Wheat Ridge. Named by City Council action. 6) Renaming Guidelines: The renaming of parks and facilities is strongly discouraged. It is recommended that efforts to change a name be subject to the most critical examination so as not to diminish the original justification for the name or discount the value of the prior contributors. A renaming or change in name will be considered for the following circumstances: a) Only those parks and facilities named for a location or subdivision shall be considered for renaming. Policy and Procedure for Naming Page 5 Parks and Recreation Department Parks and Facilities b) Parks and facilities named after individuals shall never be changed unless it is found that the individual's personal character is or was such that the continued use of the name for a park or facility would not be in the best interest of the community. This policy and procedure shall become effective and binding upon the Parks and Recreation Department and the Parks and Recreation Commission as soon as it has been formally adopted by a 2/3 majority of the members of the Parks and Recreation Commission present, and a 2/3 majority of City Council. This policy and procedure shall continue in effect regardless of member changes of the Commission, but may be amended, done away with, or re-written at any time by a majority assenting vote of the Commission members present and a majority of City Council. The above Policy and Procedure for Naming Parks and Recreation Department Parks and Facilities was approved by a majority of the members of the Parks and Recreation Commission present at the regular meeting held January 21, 2009. Ralph Hughes, Chair Parks & Recreation Commission The above policy and procedure was confirmed and approved by Resolution by a majority of City Council at a regular meeting held , Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk City of WheatP,jdge PARKS AND RECREATION Memorandum TO: Mayor and City Council THROUGH: Randy Young, City Manager J FROM: Joyce Manwaring, Parks and Recreation Direct r v✓ DATE: January 20, 2009 SUBJECT: NW Lakewood Sanitation Property Acquisition Historv In November of 2004 City Council passed a Resolution authorizing Jefferson County Open Space to complete an appraisal, environmental assessment, and survey and to negotiate the fair market value for the purchase of a 6.64 acre site owned by the Northwest Lakewood Sanitation District, located at 41" and Miller St. Since that time, a Phase I and a partial Phase II Environmental Assessment were completed on behalf of Jefferson County Open Space. The Northwest Lakewood Sanitation District Board also completed an assessment of the site. All of the assessments indicated soil contamination on the site. Groundwater contamination was also acknowledged in a specific location. At a study session in March of 2006, information was presented to City Council regarding the initial contamination information. A consensus was reached to continue to move forward with the due diligence necessary to consider this property for acquisition. Issues 1) The District Board submitted a Voluntary Clean Up Plan (VCUP) to the State of Colorado and has completed the actions submitted in the plan. These actions call for the site to be cleaned up to Residential standards, at which time a closure letter stating the site has been cleaned to the standard will be issued. The District omitted a section of the property located in the northwest corner from the submitted plan and is proposing to fence this section of the property to deny any public access due to the contamination in that area. Attached is a report prepared by Craig Carter, Environmental Engineer, Jacobs Carter Burgess. This report contains an objective, outside analysis with recommendations of all the Environmental Assessments, the levels of the contamination, as well as the VCUP. He is recommending that the section of property described in the previous paragraph be included in the VCUP and cleaned to residential standards. Mayor and City Council January 20, 2009 Subject: NW Lakewood Sanitation Property Acquisition Page 2 2) The District has requested as a condition of purchase that once the property is clean and the State of Colorado has issued a closure letter that the district not be required to provide indemnification on past and future contamination. The issues related to indemnification on the property will be explained and addressed by Gerry Dahl at the study session. 3) Jefferson County Open Space has made the decision to remove the county from the title chain in the acquisition of this property. This property is listed as the number one priority for the City of Wheat Ridge open space acquisitions and qualifies for 100% funding for acquisition from Jefferson County Bond funds. Prior acquisitions by the City from their attributable share qualify for the cash match for this purchase per the bond program policy. Alternatives 1) To relocate the trail should the City decide not to pursue acquisition of the property and/or not enter into a renewal of the license agreement. There are six alternate conceptual trail routes that have been identified. The cost for relocation ranges from $250,000 to over $1 million for these alternates. The Clear Creek Trail travels across the NW Lakewood site and the City currently has a license agreement with the district dated 1997 that allows this use. The importance of this site to the Wheat Ridge Greenbelt and the Clear Creek Trail are as follows: • Creates a contiguous trail without travelling north or south on Kipling • The Clear Creek trail located in Wheat Ridge is part of a regional trail system connecting to the South Platte and Cherry Creek trail on the east and to Golden on the west. • The property is contiguous on two sides to the Greenbelt. • Serves as a strategically located trailhead on the west side of Kipling, with off street parking and access to the trail and Greenbelt. Acquisition provides an opportunity to improve the trail surface, trailhead and access in this area. The trail currently travels across the dirt access road to the sanitation site and the parking lot is inadequate in size. The lot is consistently a maintenance issue related to its location in the flood plain. 2) To pursue a condemnation easement for the portion of the property currently used. The cost of purchasing this easement would not be funded by Jefferson County Open Space bond funds. The cost would be the responsibility of the City of Wheat Ridge. Action 1) Consensus on the recommendation to require the District to clean up the entire property to residential standards. Mayor and City Council January 20, 2009 Subject: NW Lakewood Sanitation Property Acquisition Page 3 2) Consensus on the District request to waive/not waive indemnification as part of the bargain and sale agreement. 3) Consensus to move forward with the property acquisition contingent on the conditions of # 1, #2. If the property is not acquired the City will continue to abide by the conditions of the current license agreement in order to provide a contiguous trail system. Either party may choose to terminate the agreement with 6 months notice. Should that termination occur the city will need to pursue an alternate trail location. 707 17" Street, Suite 2300 Denver, CO 80202 U.S.A. (303) 820-5240 Fax: (303) 820-2402 January 21, 2009 Ms. Joyce Manwaring City of Wheat Ridge Parks and Recreation Director 4005 Kipling Street Wheat Ridge, Colorado 80033-4125 Re: Environmental Document Review and Summary, Former Wastewater Treatment Facility, Northwest Lakewood Sanitation District, 4101 Miller Street, Wheat Ridge, Colorado Dear Ms. Manwaring: The following report is a summary of the results of the Jacobs Carter Burgess review of environmental documents for the above mentioned site. Executive Summary Four environmental studies were performed on the site from May 2005 through January 2007 and a Voluntary Cleanup Program Application and Plan was prepared by Environmental Resources Management (ERM) in January 2007. The investigations of the site revealed the following environmental conditions: • Potential recognized environmental conditions associated with the trench head/holding pond, sludge storage area, and dump sites with suspected impacts from heavy metals and Volatile Organic Compounds (VOCs) in these three areas; • Soil containing lead at concentrations of 680 mg/kg and 850 mg/kg in samples collected in the former sludge pit area. These concentrations are greater than the current Residential Colorado Department of Public Health and Environment (CDPHE) Colorado Soil Evaluation Value (CSEV) of 400 mg/kg; • Heavy metals concentrations in one water sample collected in the sludge pit area (ASEC, August 2005) exceeding Colorado Basic Groundwater Standards (CDPHE, 2005) and CDPHE CSEV values for water (CDPHE, 2007). The sample contained Arsenic at a concentration of 2.7 mg/kg and Lead at 16 mg/kg; • One sample from the February 20, 2006 ASEC investigation that contained lead at a concentration (430 mg/kg) exceeding the current Residential CDPHE CSEV of 400 mg/kg. The sample was collected in the former sludge pond area; • Samples from 2 soil borings collected during the February 20, 2006 ASEC investigation contained lead at concentrations below the Residential CDPHE CSEV of 400 mg/kg and arsenic at concentrations within the range that is normally considered background. The Ms. Joyce Man waring January 21, 2009 Page 2 of 7 samples were collected in the fill area or "restricted area" in the northwest corner of the site; • Arsenic was detected in 3 subsurface soil samples from the sludge pit area at concentrations of 42.0 mg/kg, 53.1 mg/kg, 49.5 mg/kg collected by ERM, November 2006. These concentrations are greater than the 40 mg/kg level that is typically considered the upper end of the range considered to be background; • Lead was detected in one subsurface soil sample (ERM, November 2006) at a concentration 494 mg/kg which is above the Residential CDPHE CSEV of 400 mg/kg; • Arsenic and Lead were present at concentrations above background and Residential levels in a composite sample from the effluent ditch (ERM, November 2006); • Dissolved lead and arsenic were detected in groundwater samples (ERM, November 2006) collected from several wells. However, all of the concentrations were below the Colorado Basic Ground Water Quality Standards (March 2005); • A map showing the locations of 9 soil borings dated March 2008 shows that arsenic concentrations in samples from 6 of the borings exceed 40 mg/kg which is the upper end of the range considered to be background. The borings were located in the "fill location" or "restricted area" in the northwest portion of the site. No written report was provided with the map and the area was not included in the Voluntary Cleanup Plan. A Voluntary Cleanup Plan (ERM - January 31, 2007) proposed removal of material in the former sludge pond area, confirmation sampling, installation of one groundwater monitoring well and preparation of a closure report. No soil removal was recommended in the "fill area" / "restricted area". Jacobs Carter Burgess recommended that the actions proposed in the Voluntary Cleanup Plan be carried out, as summarized below, and that the "restricted area" be cleaned up to background levels for arsenic and residential levels for lead. 1.0) Documents Reviewed Jacobs Carter Burgess has reviewed the following environmental documents in connection with the above mentioned site in order to evaluate the environmental condition of the property. • Environmental Site Assessment, NW Lakewood Sanitation District, 4101 Miller Street, Wheat Ridge, CO, prepared by ASEC, Inc. May 7, 2005 • Limited Phase II Environmental Site Assessment, NW Lakewood Sanitation District, 4101 Miller Street, Wheat Ridge, CO, prepared by ASEC, Inc. August 30, 2005 • Phase II Environmental Investigation, NW Lakewood Sanitation District, 4101 Miller Street, Wheat Ridge, CO, prepared by ASEC, February 20, 2006 (prepared for Jefferson County Open Space) Ms. Joyce Manwaring January 21, 2009 Page 3 of 7 • Phase II Subsurface Investigation, Former Wastewater Treatment Facility, NW Lakewood Sanitation District, 4101 Miller Street, Wheat Ridge, CO, prepared by Environmental Resources Management (ERM), January 31, 2007 • Voluntary Cleanup Plan, Former Wastewater Treatment Facility, NW Lakewood Sanitation District , 4101 Miller Street, Wheat Ridge, Colorado, prepared by Environmental Resources Management, January 31, 2007 • Figure 1 March 2008 Arsenic Analytical Results, ERM, March 2008 - Map of 9 soil boring locations and outline of "Fill Location" Jacobs understands that the City of Wheat Ridge is considering purchasing the property for use as open space and wishes to obtain a summary of the results and regulatory significance of environmental assessments performed on the property. 2.0) Site Description and Background The Northwest Lakewood Sanitation property at 4101 Miller Street in Wheat Ridge, Colorado is a 6.64 acre site occupied by a closed wastewater treatment plant, associated equipment and a storage building. The site is located west of Kipling Street and north of West 41s` Avenue immediately west of Miller Street in Wheat Ridge. The site is bordered by Clear Creek and City of Wheat Ridge Open Space to the north and west and by residential properties to the south and east. According to the Environmental Site Assessment report prepared by ASEC (May 7, 2005) there have been buildings at the site since 1955. Facilities were added over the years and the wastewater treatment plant operated from approximately 1960 until it's closure in August, 2004. The site is located within the 500-year fioodplain of Clear Creek and surface water flows to the north. Groundwater flow is also generally to the north towards Clear Creek. An effluent ditch that drains to the north toward Clear Creek is located in the central portion of the site. The attached Figure 1 Monitoring Well Location Map (ERM - 11/06) shows the general site layout and ERM monitoring well locations. In the northwest corner of the site there is an area north and east of an existing parking area for the Clear Creek Trail access where fill has been dumped. None of the reviewed reports indicated with any certainty, the source of the fill or whether the placement of the fill had been authorized (see Figure 1 Arsenic Analytical Results, ERM, 11/08). 3.0) Summary of Previous Investigation Results and Voluntary Cleanup Plan Environmental Site Assessment, ASEC, May 7, 2005 The Environmental Site Assessment report prepared by ASEC on May 7, 2005 documented several decades of use of the site as a wastewater treatment plant. According to the report, the northwest portion of the property had been filled to raise the land level more than 5 feet in elevation. The report concluded that the fill is of questionable quality and may have been placed at this location without authorization- A review of historical information on the site indicated that an effluent trench and storage ponds were constructed for the purpose of transporting effluent to the ponds on the north portion of the Ms. Joyce Manwaring January 21, 2009 Page 4 of 7 property. ASEC suspected recognized environmental conditions associated with the trench head/holding pond, sludge storage area, and dump sites and recommended sampling and analysis for heavy metals and Volatile Organic Compounds (VOCs) be conducted in these three areas. Limited Phase II Environmental Site Assessment, ASEC, August 30, 2005 The Limited Phase II Environmental Site Assessment was performed by ASEC to evaluate possible heavy metals contamination in soil in the areas of former sludge pits and the discharge trench to the sludge pits. A total of 14 hand auger borings were drilled to a depth of 3 to 4 feet (attached ASEC Soil Boring Location Map, 8/30/05). One sample from each boring was collected and analyzed for Lead (EPA Method 6010B). From the 14 soil samples analyzed for lead, the two samples with the highest lead concentrations were analyzed for Priority Pollutant Metals (EPA Methods6010B and 7471 A). A groundwater sample was also collected from SB-3 at a depth of 3 feet to be analyzed for eight Resource Conservation and Recovery Act (RCRA) metals (EPA Methods 6010, 7470, 7471). Two soil samples (A/SB-3, A/SB-5) contained lead at concentrations (680 mg/kg, 850 mg/kg, respectively) that are greater than the current Residential Colorado Department of Public Health and Environment (CDPHE) Colorado Soil Evaluation Value (CSEV) of 400 mg/kg. Both samples were collected in the former sludge pit area. Heavy metals concentrations in one water sample collected from SB-3 in the former sludge pile area exceeded Colorado Basic Groundwater Standards (CDPHE, 2005) and CDPHE CSEV values for water (CDPHE, 2007). Table 3 of the report showed that Sample A/SB-3, a water sample, contained Arsenic at a concentration of 2.7 mg/kg and Lead at 16 mg/kg. The units shown in the laboratory report from Summit Scientific are in mg/L as would be expected for a water sample. The report concluded that the site has "heavy metals exceeding State and Federal Standards on-site and potentially in off-site groundwater". However, because the sample was a "grab" sample collected from an open hand auger boring and because the sample was not filtered prior to being sent to the laboratory, there is a question as to whether the laboratory results are truly representative of dissolved metals concentrations in water. Phase II Environmental Investigation, ASEC, February 20, 2006 ASEC conducted a Phase II Environmental Investigation which involved the completion of 5 soil borings to depths of 10 to 15 feet below ground surface. Soil borings were installed using a 6-inch hollow stem auger and continuous core barrel. The 5 boring locations (see attached ASEC Boring Location Map, 2/20/06) were selected with the intent of investigating possible contamination in the areas of the effluent ditch, sludge ponds, debris piles and near-river (Clear Creek) operations. Of the 8 soil samples collected from the soil borings and analyzed for lead or RCRA 8 Metals, one sample (SB-4, 1-2 feet) contained lead at a concentration (430 mg/kg) exceeding the current Residential CDPHE CSEV of 400 mg/kg. The sample was collected in the former sludge pond area. Ms. Joyce Manwaring January 21, 2009 Page 5 of 7 Metals concentrations in several ground water samples exceeded either the Primary or Secondary Drinking Water Standards for lead and arsenic. There are questions about whether these analytical results are representative of dissolved metals concentrations in groundwater. However, there is not sufficient evidence to discount the analytical results obtained during this sampling event. This report also refers to "a newly discovered area in the northwest corner of the Site which showed high levels of contamination". Soil samples collected in this area from borings SB-1 and SB-2 contained lead at concentrations below the Residential CDPHE CSEV of 400 mg/kg and arsenic at concentrations within the range that is normally considered background. The lead and arsenic concentrations in the soil samples collected from SB-1 and SB-2 are not normally considered high, since they are below Residential levels for lead and within background levels for Arsenic. Phase II Environmental Site Assessment Report, ERM, November 2006 In September and October 2006, Environmental Resources Management (ERM) conducted a Phase 11 Subsurface Investigation of the site. The investigation included installation of 5 new groundwater monitoring wells and collection of soil and groundwater samples for laboratory analysis. Subsurface soil samples were collected from four soil borings in the vicinity of the former sludge pond. One composite surface soil sample was collected from the area of the former effluent ditch. SVOCs, PCBs and pesticides were detected in surface soil samples. However, none of these constituents were present at concentrations above applicable cleanup levels. Arsenic was detected in all of the subsurface soil samples collected at concentrations above the risk-based remediation standard of 0.21 mg/kg and the CDPHE CSEV (Residential) of 0.39 mg/kg. Three subsurface soil samples (SS-1 0-2, SS-2 3-5, SS-3 3-5) contained arsenic at concentrations greater than the 40 mg/kg (42.0 mg/kg, 53.1 mg/kg, 49.5 mg/kg, respectively) concentration considered the upper end of the range considered to be typical background. Lead was detected in SS-3 at a concentration (494 mg/kg) above the potential Residential CDPHE CSEV of 400 mg/kg. All other concentrations were below potential soil remediation objectives. In the composite soil sample from the effluent ditch, arsenic was detected at a concentration greater than the potential risk-based standard of 0.21 mg/kg as well as the upper end of the typical background concentration of 40 mg/kg. Lead was also detected at a concentration greater than the Residential/Unrestricted land use CDPHE CSEV standard of 400 mg/kg. Dissolved lead and arsenic were detected in groundwater samples collected from several wells. Arsenic was detected in MW-5 and lead was detected in MW-3, MW-4 and MW-5. However, all of the concentrations were below the Colorado Basic Ground Water Quality Standards (March 2005). Ms. Joyce Manwaring January 21, 2009 Page 6 of 7 Voluntary Cleanup Plan, ERM, January 31, 2007 ERM prepared the Voluntary Cleanup Plan, Former Wastewater Treatment Plant Facility, Northwest Lakewood Sanitation District, dated January 31, 2007. The plan summarized the results of all of the soil and groundwater investigations that had been performed at the site and proposed the following actions: • Removal of material in the former sludge pond and drainage ditch to background levels • Collection of confirmation samples from the sides and bottom of the excavations to be analyzed for total metals. If confirmation samples indicate total arsenic or lead concentrations exceed background/regulatory levels, additional excavation would be required in the areas of exceedences. • Installation of one additional groundwater monitoring well and one additional round of water sampling. • Preparation of a report documenting all soil excavation, confirmation sampling and groundwater monitoring results. The report would contain waste manifests, soil volumes removed, and confirmation laboratory analytical reports. Jacobs understands that CDPHE has reviewed and approved the Voluntary Cleanup Plan and remediation has been performed at the site. A closure report or post-remediation sample results were not available at the time of this review. March 2008 Arsenic Analytical Results, ERM, March 2008 A map showing the locations of 9 soil borings dated March 2008 (attached Figure 1, March 2008 Arsenic Analytical Results, ERM, 2008) shows locations of SB-14 through SB-22 and shows arsenic concentrations at 0-0.5 feet, 1.0-1.5 feet and 2.0 to 3.0 feet in each boring. A pattern on the map shows an area labeled "Fill Location". A total of eight samples contained arsenic at concentrations greater than 40 mg/kg which is the upper end of the range of arsenic concentrations usually considered to be background in the western United States and along the Front Range. No written report was provided with the map. 4.0) Conclusions and Recommendations In accordance with the recommendations in the Voluntary Cleanup Plan, Jacobs Carter Burgess recommends that the actions listed above should be carried out upon approval of the plan by CDPHE. A closure report should be prepared by the firm conducting the cleanup and submitted to CDPHE for review. The so-called "restricted area" in the northwest corner of the property contains arsenic in soil at concentrations greater than background. It is recommended that this area be addressed as part of the Voluntary Cleanup Plan or as a separate action. Soil containing arsenic at concentrations greater than background levels and lead at concentrations exceeding Residential levels should be removed and disposed at an appropriate permitted disposal facility. Confirmation sampling of the underlying soil should be conducted to document the removal of soil containing arsenic at levels above background. Ms. Joyce Manwaring January 21, 2009 Page 7 of 7 The results of groundwater sampling performed by ASEC for the Limited Phase II ESA (August 30, 2005) and the Environmental Investigation Report (February 20, 2006) have been questioned by subsequent investigators due to irregularities in the sample collection methods. Although the validity of the sample results has been questioned, Jacobs Carter Burgess has no evidence, based on the review of these reports, to discount the sample results. Future groundwater monitoring, as described in the Voluntary Cleanup Plan, is recommended to evaluate groundwater quality at the site. 5.0) Limitations This summary report was prepared for the exclusive use of the City of Wheat Ridge, Colorado. No other party is intended as a beneficiary of this work, and other parties are prohibited from relying on the information contained herein without prior written authorization from Jacobs Carter Burgess. The conclusions and recommendations provided in this report have been based on a review of the documents listed above and provided by the City of Wheat Ridge. Environmental risks may be present at the site and not documented in the reviewed reports. Therefore, Jacobs Carter Burgess does not warrant, guarantee, or certify the accuracy or completeness of such regulatory information. Jacobs Carter Burgess disclaims any and all liability for errors, omissions, or inaccuracies in such information and data, and for any and all inaccurate conclusions, inadvertent or otherwise, which may be based on such inaccurate information and data obtained from third parties. The accuracy of this summary assessment is limited to the data presented in those reports. This report cannot wholly eliminate uncertainty regarding the potential for recognized environmental conditions in connection with the subject property. This report does not constitute an appraisal of value or legal opinion, and Jacobs Carter Burgess makes no representations or warranties of the fitness of the property for any use. Jacobs Carter Burgess assumes no responsibility for misinterpretation or improper use of this report. Jacobs Carter Burgess shall not be liable for any special, consequential or exemplary damages resulting, in whole or in part, from the client's use of this report. Liability on the part of Jacobs Carter Burgess is limited to the monetary value paid for this report. Respectfully submitted, , du~- Craig M.rter, PG Environmental Project Manager Jacobs Carter Burgess Attachments -X" SB-2 ti~r - _ • •SB-7 ` ~ IL ' ~ I1 15~~11 • SB-~ • SB-3 SB-4 i J' • r' • ti Cava SB-8 -AX NASJFIViI rF-iq , AV /V?yVC ~ S , I l1 ZI' Pte' ) ~ ~ i 1 J ~ 4 i. ' e ~l'GLT7ER r ~ C~•I C.4+Ph7_R MILL PY ANT I \ ' f COCAwor- \ c»v^ wA,( SON ac~sz~e CLAM" ASEC .merican Scientific and Environmental Consulting - ~ Ta• Pte( ~~-r ~ 1 f / C04G r / if . x SCALE IN FEET SOIL BORING LOCATION MAP NW LAKEWOOD SANITATION DISTRICT SECTION 21, TOWNSHIP 3S. RANGE 69W JEFFERSON COUNTY, COLORADO DATE 8/30105 I " "TN REVIEWED APPWJX SCALF TN 1=60' FROJ NO FIGJRL NO JC2005-04 2 M V/ 3 >>M 0 n o d 0 O ~ a ca L. 0Z M~* mZm -+C) z Z O~V)O Z T Z D ~D n cnl C 5 Z Xzo-0 DG)0 GMM Orn- n z Z ^ =y ~ o O ~ ti O m z DumpaPiles 'I 1: • ss~ Effluent K~n.• Ditch Former Sl,udge ~--.k• Ponds Debris and a I~'3c: Dump Piles I WA 11, i SB•5 _J C arifier r- <VIC: 'cc QVC Iwav a~l'!S~w i"~Srlf.~ •4i• 6 i Z LEGEND MW-4 MONITORING WELL ■ COMPOSITE SURFACE SOIL SAMPLE I 100 0 100 200 SCALE IN FEET FKM ' DESIGNED OC I+'.=unwea~7 RlDCX ; ZtA i~n~ uisi~i N awymo " L ammuwnuv unrn DRAWN MJ - 1 (~~C7CHD F~ MONITORING WELL w s DAIS Nu.01,2W6 LOCATION MAP Tum iaia4m 1SB-21 n.0 - 0.5'= 53 17, SB-18 1 0 - 15 =150 SB-17 ?0,, 0.5'=11 3.0'=66 0.0-0.5'=h l 1.0 - 13 3.0'=2l' 1 vAr 2.0-3.0'=5i! ee+'. S B-16 M r f LO - 1.5' = 47 SB-19 4 11.0-0.5'=2:; r SB-15 SIi-2(' SB-22 0.0-0.5 4.1 0.0-0.5 = 1 0-05 = 1I H) - 1.51 =70 r4w 3.0'=5. , 10 2S, A 0.5' 1) 1 1.0-1.5'=41 ' y \Lnrh 'i;t~~ .\r"wu..lnalvhcal Result, ,Vl arch 2008 Soil Boring Locations " Northwest Laku oOd Conitation District bVIWIt Rld (c, Colorado Fill Location Fti ironmental Kesourcv~, \vlanagenwnt NOIF.: All locations are approximate (*1~5 5 Y~,se`mite 51, Suite 9110 Arsenic results are lu)~ted in mg/ Kg 0 50 100 1,90 ( nn`rn~c~u~~i \'illay e, (()tiUl I I ND = Arsenic not ilrtvt'lril Feet