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HomeMy WebLinkAbout07/20/2009 STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Ave. July 20, 2009 Joint Meeting with the Planning Commission 6:30 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. APPROVAL OF AGENDA .L Comprehensive Plan Project Update 2. Urban Renewal Plan & Condition Survey (1-70 Corridor) 3. Municipal Judge Service Agreement Renewal 4. Residential dumpster update 5. Staff Reports a. Xcel Franchise Agreement Renewal , . , ~' _ ~ City of ~Wheat~dge ~OMMUNI1Y DEVELOPMENT TO: THROUGH: FROM: DATE: SUBJECT: Memorandum Mayor and City Council Planning Commission Randy Young, City Manager Kenneth Johnstone, Community Development Director Sally Payne, Senior Planner July 8, 2009 July 20, 2009 Study Session -Envision Wheat Ridge, Comprehensive Plan Update Envision Wheat Ridge, the Comprehensive Plan update, has been underway since November 2008. City staff has been working with the consultant, Clarion Associates, on the project which is now well over half way through to completion. Several public meetings, Citizen Advisory Committee and Technical Advisory Group meetings have been held. At this time, one more public meeting and one more Citizen Advisory Committee meeting are scheduled in late August. In addition, there will be one more City Council/Planning Commission study session before the Plan goes to Planning Commission public hearing which is currently scheduled for early October. The focus of work in the last few months has been on character area mapping and development of goals and policies. The Policy Framework and a draft of goals and policies has been developed as well as a Structure Plan indicating preliminary future land use areas. Staff and the consultants have also been working on addressing key policy questions related to the topics of economic development, transportation, design and density so that these issues can be adequately addressed in the Plan. The consultants and staff would like to obtain the City Council and Planning Commission's feedback on draft Policy Framework and the Preliminary Structure Plan. In particular, they would like input on the items included in the Discussion Points memo. Given the importance of moving the project forward for adoption this fall and of the critical nature of some of the policies, Staff would like to suggest City Council do a consensus motion to approve the Policy Framework and Structure Plan in concept. The suggested motion would be, "We, City Council, endorse the concepts and objectives of the Envision Wheat Ridge Policy Framework and Structure Plan and support moving forward with completion of the Envision Wheat Ridge Plan based on the recommendations as presented." Materials for your review are attached. The consultants will be presenting information regarding these items at the study session. If you have any questions prior to the July 20 Study Session, please contact Sally Payne at 303-235-2852 or Ken Johnstone at 303-235-2844. In addition, the www.EnvisionWheatRidge.com website has a variety of information on the project. Isp Attachments: I. Draft Comp Plan Introduction and Policy Framework 2. Preliminary Structure and Transportation Plans 3. Artland Design and Density Report 2 Envision WHEAT RIDGE City Council and Planning Commission Discussion Points for July 20, 2009 Introduction and Process Overview The City of Wheot Ridge has been updoting its Comprehensive Pion, on effort called Envision Wheot Ridge. This is the third joint City Council/Plonning Commission meeting for the plonning teom to brief the city's leodership ond discuss policy direction and questions. Previous joint meetings were held in January and April 2009. Public involvement has been extensive. To dote, the planning teom hos held four public meetings, five Citizen Advisory Committee meetings, three Technicol Advisory Group meetings; attended business and community group meetings; hasted on on-going website with information including Twitter announcements, emoil blosts, and polls; held interviews with a variety of stakeholders; and published information about the project in "Connections" and in a project videa showcased on Channel 8. The process is neoring completion-with the planning team aiming for a fall completion and adoption. While we hove resolved many questions, we are still discussing policy direction related to o few key topics. The coming months will be focused on wrapping up and producing 0 cohesive, user-friendly, ond more graphic plan document. For this meeting, we have provided the following moterials for review and discussion. In addition, we hove framed several recommendations/questions for discussion at the meeting . Attached Materials 1. Preliminary Structure Plan mop and categories description 2. Preliminary Transportation Plan map 3. Policy Framework-(]n outline of policy direction 4. Arland White Paper, "Height ond Density" Introduction and Overview The Plan will be organized around a community vision and six key volues (presented on page 6 of the Policy Framework). The recent Citizen Advisory Committee and Public meetings in May and June hove been focused around three key policy-related topics: fiscal and economic, density and design, ond transportation, that have needed greoter discussion. Key Emerging Themes from Recent Discussions Most of the feedback on the topics above has been consistent, and we have framed policy directions as a result of the feedback. Themes include: 1. To provide predictobility yet flexibility, develop a Structure Plan (e.g., land use plan) thot is strategic. 2. To pravide economic resilience, braaden the economic strategy to address primary job recruitment as well as retail, and housing reinvestment. Prioritize redevelopment and investment sites. 3. Encourage redevelopment of mixed-use commerciol ond high quolity design olong primary corridors. 4. Revitalize neighborhoods where needed, os described in the Neighborhood Revitalizotion Strategy (NRS). 5. Improve the transportation network with a "complete streets" approoch thot occommodates vehicular enhancements as well as bike/pedestrian priorities. Establish north-south bicycle corridors. We will continue to discuss the topics for which we still need clear direction from the community, including those listed below. Recommendations/Discussion Topics In addition to comments on the attached moterials, we would like direction from City Council and the Planning Commission on the follOWing preliminary recommendations. Economy and Land Use Ideo 1: Reflne Priority Locations for Investment/Development on Structure Plan The Structure Plan shows the follOWing locotions for key investment and redevelopment/development focus to accomplish the city's economic and land use balance: Cobela's regional commercial and mixed-use site (most imminent), Wadsworth Corridor commercial, 38'" Avenue "main street", Kipling commercial, and Word Rood future transit employment center (more longterm). We will continue to discuss and confirm priority locations and strategies for investment. Ideo 2: Density and High Quality Design Based on CAC feedback and discussion, public input, and market realities, the planning team is recommending allowing densities and heights along primary corridors that are greater than charter restrictions (i.e ., Wadsworth, Cabela's site, the TOD site, and segments of Kipling) with exemplary design. The city would encourage development that meets morket demands (e.g., up to 5-8 stories) if it is of exceptionol quality design. To ensure quality development, the plan will need to include guidance on transitional heights, proViding public gathering spaces, landscaping and tree preservation, and screening of parking and service areas. Ideo 3: Seek to Amend the Charter (Avoid Threatening Neighborhoods) The Wheat Ridge market is challenging because of the costs of redevelopment and the Charter restrictions, as outlined in the memo provided by Arland Economics. Wheat Ridge is logging behind its neighboring jurisdictions in economic development and may face future fiscal challenges in providing services to residents due to lock of sales tax bose. To address sales tax and offset costs of infill and redevelopment, the city should streamline the development review process for redevelopment in desired locations (e .g., primary corridors) . 2 In general, the community and committees have supported the concept af easing density and height restrictians thraugh Charter amendments-the public less so than the committee, with some members of the public quite concerned about removing restrictions citywide. The plan would recommend removal of Charter restrictions to enable the cammunity to accomplish revitalization goals, but will not recommend a specific appraach for the amendment-which could either target certain locations (e.g., North and West of 1-70, and for Wadswarth and Kipling corridors) or blanket amendment approach. The plan wauld recommend that the city use zoning and neighborhood planning as the tool to address height and density in different parts of the community, with additional public involvement to ensure neighborhood character pratection where appropriate. Ideo 4: Make the Word Rood T.O.D. a Mixed-Use Employment Center The Northwest Subarea Plan recommends a commercial and residential mixed-use center. The community is supportive of encouraging the T.O.D. site to be a mixed-use center with specific emphasis on employment (that could include "green jobs"). An early idea to define the area as a "Sustainable Employment Center" has not gained a lot of traction. Ideo 5: Designate a Desired Town Center on Wadsworth The Structure Plan designates a location for a Town Center generally between 38'" and 44'" on Wadsworth that would have a retail and mixed-use component and opportunities for public gathering. It could also include some public uses, such as a library. It would not have a major civic (City Hall) component. The plan also designates the recreation center as an existing "civic/public recreation" center. Neighborhoods Ideo 6: Neighborhood Revltallxotion and Planning Some citizens have expressed sentiment that the current standards for single family neighborhoods da not maintain the character of established neighborhoods. Residents are concerned about lasing their low density, semi-rural character (in some instances), and would like additional assurance that infill prajects fit the character of the neighbarhood. The city can aid neighbarhaods, but does not want to add layers or cost to the development pracess, or deter investment in neighborhoods that have obsolete housing or high rental rates and code violations. Preliminary directions for the plan ore: 1. Designate all residential areas on the structure plan generally as "neighborhoods". 2. Include criteria to determine which areas are in need of revitalizotion. (See page 4 of the Structure Plan text and page 18 of the Pal icy Framewark.) Work with WR2020 to further define criteria for identifying projects and neighborhoods in need of investment and revitalization and where new development and redevelopment is most apprapriate based on condition of praperties, rental rates, code violations, police calls, and other factors. 3. Work with established neighborhoods that are concerned about maintaining their character to plan for the future, reevaluate current zone districts and standards, and consider adding basic standards to ensure compatible infill develapment for certain neighborhoods. The basic standards should not increase development review time or pracedures but would protect neighborhood character with measures such as preserving trees and landscaping and addressing infill. 3 Transportation Idea 7. Complete Streets Approach The Preliminary Transportation mop designates Kipling and Wadsworth for rood capacity and safety improvements ("complete streets"), and identifies transit (bus stop) enhancements throughout the community. Ideo 8. Blcycle/Pedestrian Theme, Including North-South Connections A strong theme that has emerged in discussions is the desire for better north/south bicycle and pedestrian connections. The Pion includes particular bicycle and pedestrian improvement locations (particularly possible north/south connections and connections to trails and parks) in three locations, trail enhancements ond new trail connections. The policies will recommend exploring ather possible greenbelt crossings at '/2 mile intervals from east to west. Other Topics Idea 9. Sustalnobillty The plan suggests a balanced approach to sustoinability presented on poge 35 (i.e ., "people, prosperity, and planet"), and includes policy direction supporting energy and water conservation, "green building", stewardship, shopping locolly, and other sustainability measures. A task force would determine directions and priorities. Ideo 10. Subarea Plans The plan would carry forward existing subareas, with some minor amendments possibly necessary to ensure consistency (e.g ., for the Northwest Subarea Plan). 4 Envision WHfA-IiIDGF ... ' •• I • &, ~.... • POLICY FRAMEWORK DRAFT -7/10/09 Table of Contents INTRODUCTION .. .... .. .......................... ...... ..... ... .. .... ... ....... .. ...... ......... .. ..... ...... ....... ...... 3 COMMUNITY VISION ................... .... ............................ .... .... .. ................. ........ .............. 5 INTRODUCTION ........... ....... .... ............... .... ...................................................................................... 5 WHEAT RIDGE'S VISION AND KEY VALUES .. ............ ........................... ............................................. ..... 6 1. RESILIENT ECONOMY AND BALANCED LAND USES ... ... .... .......... ... ... ......... .. ..... ...... . .7 INTRODUCTION ....................................... ......................... ............. .......................... .... ................... 7 ECONOMY AND LAND USE GOALS AND POLICiES .................................................................................. .................................................................................. 9 Goal ELU 1: Make Wheat Ridge a "community of choice" in which to live, work, shop, a nd recreate ......................................................................... .............................. ..... 9 Goal ELU2: Attract quality retoil development and actively retain existing retailers to locate in Wheat Ridge ......................................... .. .............................. .. .................... ... ... 9 Goal ELU3: Retain and diversify local employment. ............................................................ 10 Goal ELU4: Achieve a sustainable balanced mix of land uses ..................... ........................ 11 Goal ELU5: Revitalize priority redevelopment oreas ........................................... ... .............. 11 Goal ELU6: Establish community activity centers and a Town Center .................................. 12 2. VIBRANT NEIGHBORHOODS AND HOUSING ..... ................... ..... ... ...................... .... 15 INTRODUCTION ..................... ..... .. .... .... .... ..................................................................................... 15 NEIGHBORHOODS AND HOUSING GOALS AND POLICI ES ............................... .... ......................... .......... 17 Goal NH 1: Maintain and enhance the quality and character of Wheat Ridge's established neighborhoods ............................................................ .. ................................... 17 Goal NH2: Increase investment and homeownership in neighborhood revitalization oreas. 18 Goal NH3: Revitalize and pramote reinvestment in transitional areas ......... .. ................. .. .... 19 3. RECOGNIZABLE COMMUNITY CHARACTER AND DESIGN .... .. ... ........... ...... ............. 21 INTRODUCTION ......... ....... ................................................................................ ..... .. ...................... 21 COMMUNITY CHARACTER GOALS AND POLICIES ....................... .. ................. .. ............ ......................... 22 Goal CC 1 : Create recognizable gateways and corridors ....... .. .. .. ................ .. .. .......... ......... .. 22 Goal CC2: The City of Wheat Ridge will lead the community in quality design ................. .. .. 22 Goal CC3: Ensure quality design for development and redevelopment ............. .. .................. 23 4. CONNECTED TRANSPORTATION SYSTEM WITH OPTIONS ....... .. ......... ............ ........ 25 INTRODUCTION ... .. ..................................................................................... ............. ...................... 25 TRANSPORTATION GOALS AND POLICIES ......... ........ .. .. .... ................................. . ..... ........................... 27 Goal Tl : Provide an integrated transportation system to address all modes of travel and future funding priorities .................................................. .. .. ................................ ......... 27 Goal T2: Increase intergovernmental cooperation on regional transportation issues ........... 27 Goal T3: Increase transportation efficiency and options .................. .................................. 28 Gaol T4: Improve the synchronization between transportation impravements and future land uses ...... ............................................................ ........ ........................................ 29 5. QUALITY COMMUNITY AMENITIES AND SERVICES ....... ............ .. ... ......................... 31 INTRODUCTION .......... ..... ........................... ........ ....... ................. ................. .. . .. .. . .. ....... .. ............... 31 COMMUNllY 5ERVICES GOALS AND POLICiES .................................. ................................................... 32 Goal C51: Provide and maintain quality care community services and facilities .................... 32 Goal C52: Continue investment in parks, recreation, and open space ................................. 32 Gaol C53: Increase community safety and code enforcement . .. ................ .... .. .. .... .. ........ .... 32 Goal C54: Continue to coordinate with fire districts and utility providers to maintain quality service .................. .... ....... ....................................... .................. ... .... ... ...... .. ... ... 33 Goal C55: Maintain and improve educational offerings ............. ...... .............. .. .... .. ............. 33 Gaol C56: Continue to support diverse arts and cultural amenities ................. ........ .... .. ....... 34 Goal C57: Increase opportunities for public involvement with city government . .................... 34 Gaol C58: Invest in technology infrastructure ...... .... .. .. ........................................................ 34 6. SUSTAINABLE FUTURE .......... ........ ....... ..... ................... .. .............. .......................... 35 INTRODUCTION .... ............................................................................ .. ................. .... . ............. ... ... .. 35 5USTAINABLE FUTURE GOALS AND POLICiES ...................... ................................................................ 37 Goal 5F 1 : Establish and maintain a resilient and sustainable tax base ................................ 37 Goal 5F2: Protect and preserve natural assets ................... .. .................... ........................... 37 Goal 5F3: Reduce resource consumption and increase canservation .. ...... .. .. .. .. .. ........ ...... ... 38 Goal 5F4: Create a healthy and active community ....................................... ...................... 39 RELATIONSHIP OF KEY VALUES TO 5USTAINABILllY ............................................................................ .41 2 I ntrod uction Envision Wheat Ridge is on update to the City of Wheat Ridge's Comprehensive Plan. The updated Comprehensive Plan will help provide guidance on where and how the community will grow and change over the next 20 years. The plan will help the city establish its desired future, and it will address future needs for economic development, transportation, commercial and retail development, housing and neighborhood revitalization, services and utilities, parks and open space, and long term community susta inability. Praperty owners, citizens and decision makers will use this plan to guide their decision on land use issues, such as where commercial and employment development and redevelopment should occur in the future. Once adopted, the city will use the Envision Wheat Ridge Plan as a guide for land use and public investment decisions. This draft policy framework is organized in two sections: 1. Community Vision, and 2. Key Values (with associated goals and policies). The Vision represents the overall overall direction for the community for the next twenty years. The Key Values are the core components of the vision on which specific goals and policies are built. The goals and policies associated with each Key Value correlate with and set the direction for the specific places identified on the Structure Plan mop (provided under separate cover). The Vision and Key Values are a work in progress that compiles feedback received from Citizen Advisory Committee, community meetings, officials, and city stoff, and draws from previous subarea planning efforts. There ore several sections where specific recommendations have been mode, based on direction provided by the CAe. Questions abaut these recommendations are outlined in the cover memo. This is not yet the Draft Plan. The Draft Plan document will include additional background discussion (drawing from the Community Profile prepared in earlier stages of the planning effort), framing trends and issues in the community, and incorporating more graphics and images in a userfriendly format. 3 Community Vision Introduction The vision statement below describes the kind of ploce that residents, community leoders, and business owners want Wheat Ridge to become in the future. It describes the shared values within the community and sets the desired direction for future changes and improvements. The following six brood "Key Values" are established as the primary principles behind the community's vision. The six Key Values form the overoll "chapters" of this plan. As a subset to each Key Value, a series of measurable gaols provide generol direction to guide the community's decisions in order to achieve the vision and Key Values. Detailed policies related to each goal proVide guidance for daily decisions about capital investment and development. Preliminary strategies, or actions, to accomplish each policy are listed where appropriate. POLICIES ... provide specific guidance for doily decisions. 5 Wheat Ridge1s Vision and Key Values Community Vision: Wheat Ridge will be a prominent and sustainable city, with a bright future built upon the foundation of the community's major assets (comfortable neighborhoods, unique culture and history, abundant open space, terrific views, and proximity to Denver and the Rocky Mountains). The city will grow a broad and resilient local economy that provides family wage jobs and thriving business districts to balance with the community's friendly and established neighborhoods. In addition, Wheat Ridge will offer convenient transportation options, valuable services, and high quality of life for all residents. This vision for the future is based on Wheat Ridge's Key Values: 1 . Create a Resilient Local Economy Based on a Balanced Mix of Land Uses 2 . Promote Vibrant Neighborhoods and an Array of Housing Options 3 . Accentuate Community Character and Quality Design 4. Increase Transportation Connections and Options 5. Provide Quality Community Amenities, Services, and Resources 6 . Ensure a Sustainable Future 6 1. Resilient Economy and Balanced Land Uses Key Value: Create a Resilient Local Economy Based on a Balanced Mix of Land Uses Introduction Wheat Ridge is a small, inner-ring suburb on the western edge of the metro Denver region. The city and its neighboring communities are mostly developed. Wheat Ridge's most predominant land use is residential, with employment scattered in areas north of 1-70 and around Exempla Lutheron Hospital. Commercial areas and centers are generally located along the city's primary transportation corridors (including Wadsworth, Kipling, and Youngfield), though recent cammercial developments in nearby Arvada and Lakewood also attract Wheat Ridge residents. Wheat Ridge, like many other Colorado communities, has a fiscal model that relies heavily on local retail sales tax straining the city budget, due to the community's large residential base and increasing costs to provide services. In order for the city to maintain existing levels of community services, the city must chart a new course for future development and redevelopment activities that will help establish and sustain a strang and broader tax base. This new direction for the future is based on reenergizing the local economy by providing a balanced mix of land uses. A mix of land uses within the community provides local jobs, retail goods, and commercial services to serve and support a strong residential base. Balanced with the city's neighborhoods (see Neighborhoods and Housing Section), commercial and emplayment development and redevelopment will help pravide economic stability and diversity. While limited opportunities exist for new development, Wheat Ridge has few new development areas. These priority areas are the future Cabela's (located west of 1-70 ), and the area surrounding the future FasTracks Gold Line transit station north of 1-70 near Ward Road . As these areas develop, it will be important to emphasize employment and commercial opportunities, to balance with the community's large residential areas. Future efforts shauld also focus on infill of vacant properties and redevelopment of underutilized areos. Many of these infill and redevelopment areas are locoted along the community's primary transportation corridors. As these undeveloped and underutilized areas 7 develop, it will be important to expand and invest in employment and commercial opportunities, while olso stressing high quality design ond transitions to adjacent neighborhoods. Economy and Land Use goals focus on: • Marketing Wheat Ridge as a community af choice; • Attracting and retaining retailers; • Retoining and diversifying employment opportunities; • Achieving 0 bolonced mix of land uses; • Revitalizing priarity redevelopment areas; and • Establishing community activity centers. 8 , I Economy and Land Use Goals and Policies Goal ELU 1: 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 ond retain residents, employers, and visitors. The city will emphasize and market its high quality of life to position Wheat Ridge as a prominent place to live, work, recreate, and visit. Policy ELU 1. 1: Assertively promote quality of life amenities to recruit primary employers and strong households. Preliminary strategies include: ~ Outreach to capture first time homebuyers ~ Highlight and recruit businesses to locate or relocate in the T.O.D. Employment Mixed-Use Center and other employment areas. Policy ELU 1.2: Market Wheat Ridge as a regional destination to attract visitors. Preliminary strotegies include: ~ Enhance gateways ond develop signage ~ Promote heritage tourism ~ Advertise specia lty businesses (Cabela's, Wheat Ridge Cyclery, Applejack) Goal ELU2: Attract quality retail development and actively retain existing retailers to locate in Wheat Ridge. Wheat Ridge will proactively work with existing retailers to remoin and thrive in Wheat Ridge, and encourage new businesses, particularly those that provide healthy 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, such as a "gardening district" as identified in the Fruitdale Subarea Plan. Policy ELU2. 1 : Proactively maintain and enhance existing retailers. Preliminary strategies include: ~ Monitor retail leakage to identify opportunities ta expand existing retailers ~ Work with existing retailers to accommodate current and future needs ~ Develop campaigns for residents and businesses to spend their money locally 9 Community amenities to highlight and market: • Open space, tree canopy, and views • Recreational amenities • Location and proxi mity to Denver and mountains • Established and distinctive neighborhoods • Affordability • Access to transportation • Hospital and senior services • Specialty businesses Specialty and niche businesses to promate: • Gardening, landscaping, and praduce retailers • Outdoor lifestyle ond recreation retoilers • Sit down restourants • Hardware stores Policy ELU2.2: Facilitate the start-up and growth of small and specialty retail businesses. Policy ELU2.3: Preliminary strategies include: ~ Pravide business start-up incentive programs ond tools ~ Market niche business opportunities to recruit new specialized businesses Rehabilitate underutilized retail spaces. Preliminary strategies include: ~ Identify community needs and opportunities to copture retail leokage ~ Guide rehabilitotion by establishing vision ond desired choracter for corridors ond centers ~ Partner with Wheot Ridge 2020 and private sector developers Policy ELU2.4: Advance regional retail development in the Regional Commercial/Employment Center area west of 1-70. Preliminary strategies include: ~ Advertise and market regional retail sites ~ Enter publidprivate partnerships to share infrastructure costs ~ Offer incentives to new retailers Goal ELU3: Retain and diversify local employment. Wheat Ridge will foster a business climate that encaurages expansion or creatian af employment opportunities. Particular emphasis will be placed on grawing the community's existing health care industry, redevelopment af the area surraunding the future Fast Tracks Gald line Transit Statian, and allowing secandary emplayment apportunities in the Cabela's Regional Commercial Center areo. This business climate will require the retention of industrially zoned londs and pramote and encourage quality smoll businesses. Policy ELU3.1 : Retain and expand established employers. Preliminary strategies include: 10 ~ Pravide business support and offer incentives ~ Supply an adequate mix of housing and strong households in the community to meet employer's needs ~ Retain industrial zoning so that industry and commerce activities con remain or expand in Wheat Ridge ~ Work with primary employers to plan ahead for and facilitate future growth and expansions expansions Policy ELU3.2: Generate new primary employment opportunities. Preliminary strategies include: ~ Target medical-related facilities to complement existing hospital Goal ELU4: Achieve a sustainable balanced mix of land uses. Work to ensure that the limited future development and redevelopment areas provide employment, retail, and new unique housing opportunities to achieve a sustainable and balanced mix of land uses for the community. Policy ELU4. 1 : Promote a diverse mix of land uses in redevelopment and limited new development areas. Preliminary strategies include: ~ Require new residential development to pravide a range of housing options to meet the needs of new and existing residents ~ Emphasize mixed-use, commercial, and retail redevelopment and new development in all areas except established neighborhoods Policy ELU4.2: Efficiently use available land for essential services and primary jobs. Preliminary strategies include: ~ Allow mixed-use development in new growth areas ~ Seek to remove height and limitations from the City Charter to allow targeted increases in density to be considered, as identified in this plan and subarea plans Goal ELU5: Revitalize priority redevelopment areas. Target locations with future redevelopment potential ar with immediate redevelopment needs with efforts that support and promote investment and quality design. Emphasize high quality development that projects a positive image for the community and enhances the surrounding context. 11 Priority development ond redevelopment oreos include: • • • • • Ccbela's site Wadsworth corridor Future Transit Station area Kipling at 1-70 38'" Ave. "Main Street" corridor Established Urban Renewal Authority areas include: • Wadsworth 8lvd. • 38'" Ave. • Word Rd. and 44'" Ave. area • Times Square (44'" and Wadsworth area) • Kipling at 1-70 Existing and future community activity center locations include: • Wadsworth between 38'" and 44'" Ave. • Cabela's site (west of 1-70) • Future Gold Line Transit Station area • Youngfield at 38'" Ave. • Kipling at 1-70 Policy ELUS.l : Facilitate and promote infill and redevelopment. Preliminary strategies include: ~ Define and emphasize priority redevelopment areas ~ Identify underutilized areas and incentives to jump-start redevelopment ~ Identify areas with potential and need for praperty assemblage and offer assistance with assemblage ~ Provide redevelopment funding and tools (URA, Enterprise Zone Tax Credits, etc.) Policy ELU5. 1: Require high quality redevelopment. redevelopment. Goal ELU6: Preliminary strategies include: ~ Use Design Standards to address quality design and scale, variety and visual interest, and quality materials to be consistent with the Structure Plan ~ Assist with property assemblage ~ Develop a pragram and standards to address gateway corridors (see Community Character and Design section) Establish community activity centers and a Town Center. Develop and enhance community activity centers and gathering places, in accessible and visible locations. Development of a mixed-use "Town Center" will provide a sense of destinotion for residents ond visitors in 0 mixed-use environment that provides community gathering ploces ond potentiolly civic uses. Additional community activity centers will incorporate a mix of uses and serve nearby neighborhoods and areas. Policy ELU6.1: Invest in existing and future community activity centers. Preliminary strategies include: 12 ~ Assemble properties for redevelopment ~ Develop stondards to discourage strip commercial ~ Encourage ond establ ish a mix of uses ~ Ensure centers have occess to transportation options ~ Coordinate development with Urbon Renewal Authority plan ond efforts Policy ELU6.2: Develop 0 Town Center. Preliminary strategies include: ~ Establish a mix of uses to be included (including potential civic functions) ~ Ensure access to transportation ~ Explore funding, financing, and partnership opportunities 13 The plan shows a potential Town Center at: • Wadsworth between 38'h and 44'h Ave. Potential Town Center uses include: • Shops and galleries Outdoor gathering spaces • Cafes and restaurants Recreation and seating areas • Other civic uses such as ilbrary 2. Vibrant Neighborhoods and Housing Key Value: Promote Vibrant Neighborhoods and an Array of Housing Options Introduction Wheat Ridge's strong foundation is based on its assortment of established and unique neighborhoods. These neighborhoods boost mature trees, affordable and quality homes, and convenient locations near Denver and the mountains. Many of the community's neighborhoods feature local schools or community parks as key focal points. Most of Wheat Ridge's neighborhoods are comprised of single and two-family homes, with multi-family properties generally located near or along the community's mojor transportation corridors. The established neighborhoods offer opportunities to raise a family, and many residents enjoy the community so much that they live in Wheat Ridge for a lifetime. Residents embrace strong neighborhoods such as Paramont Heights, Applewood Hills, and Bel-Aire, and aim to preserve and highlight their unique qualities -which include scenic views, architectural styles, or semi-rural character. While many of Wheat Ridge's residential oreas are established, scattered residential areas throughout the community are in decline and would benefit from significant reinvestment, as identified thraugh the Neighborhood Revitalization Strategy (NRS). Revitalization areas have dilapidating praperties, on abundance of rental housing, aging multifamily properties, and code enforcement issues. These areas will generally benefit from efforts to increase home ownership and code enforcement, as indicated in the NRS report. Transitional Areas (identified on the Structure Plan) will transition away from traditional single-family residential uses to multi-family and other higher intensity uses over time. Future efforts for Transitional Areas should aim to improve the appeorance of these areas, rehabilitate multifamily properties, and invest in new small-scale mixed-use developments in order to increase the overall vitality and stability of these areas. Neighborhood and Housing Goals focus an: • Maintaining the the quality and character of established neighborhoods; 15 Increasing home ownership and code enforcement; and • Revitalizing and reinvesting in tronsitioning neighborhood areas. 16 Neighborhoods and Housing Goals and Policies Goal NH 1: Maintain and enhance the quality and character of Wheat Ridge's established neighborhoods. Wheat Ridge will pratect and enhance the positive attributes of the community's estoblished, thriving, and unique neighborhoods. Policy NH 1.1 : Establish neighborhood identity programs. Preliminary strategies include: ~ Identify areas for the development of neighborhood pions ~ Coordinate with neighborhood groups to define neighborhood boundories and planning ~ Develop mops and signage to differentiate neighborhoods ~ Promote neighborhood specific events and activities Policy NH 1.2: Maintain character of established neighborhoods. Preliminary strategies include: ~ Define neighborhood boundaries and edges ~ Review zoning ordinances to ensure adequate buffers and step-downs between residential and non-residential uses and other possible infill standards. ~ Preserve mature, healthy landscaping and trees. Policy NH 1.3: Promote compatibility and high-quality design design with infill and redevelopment projects. Preliminary strategies include: ~ Utilize the Architectural Site and Design Manual or other design standards for development within or near established neighborhoods Policy N H 1.4: Support and maintain quality neighborhood amenities. Preliminary strategies include: ~ Coordinate with parks, schools, churches, and other organizations {See Community Services Section} to maintain and enhance existing facilities ~ Partner with neighborhood organizations to identify deficiencies 17 Criteria for detennining neighborhood revitalization areas include: • High rental rates • Inconsistent character and uses fram parcel to parcel, block ta block • I nfrastructure needs (e.g ., utilities in disrepair) • Maintenance problems • High crime rates Goal NH2: Increase investment and homeownership in neighborhood revitalization areas. Wheat Ridge will identify residential areas where revitalization is needed and pramate homeownership and reinvestment in these areas. Many of these areas have additianal needs for code enforcement, infrastructure repair, and issues related to praperty maintenance. Policy NH2.1: Invest in neighborhood revitalizotion areas. Preliminary strategies include: ~ Coordinate with Wheat Ridge 2020 and other groups to develop new housing types to attract a range of income levels and to upgrade or rehabilitate existing multi-family properties and dated housing types Policy NH2.2: Promote homeownership and strong households in neighborhood revitalization areas. Preliminary strategies include: ~ Coardinate with Wheat Ridge 2020 and other graups to develap new hOUSing types to attract a range of incame levels (per the N RS recommendations) ~ Explore possible homebuyer incentives ~ Provide first-time homeowner classes Policy NH2.3: Enforce property maintenance codes in neighborhood revitalization areas. Preliminary strategies include: 18 ~ Establish clear regulations and procedures for reporting and enforcing praperty maintenance issues ~ Focus efforts on early intervention Goal NH3: Revitalize and promote reinvestment in transitional areas. Wheat Ridge will support infill and redevelopment to stimulate reinvestment in Transitional Areas, defined an the Structure Plan . Policy N H3. 1 : Define and enhance transitional areas. Preliminary strategies include: ~ Encourage and facilitate praperty assemblage ~ Emphasize mixed-use development that provides a transition between commercial and residential areas ~ Develop and utilize specific architectural design standards for neighborhood edges ~ Coordinate revitalization efforts with established Urban Renewal Authority areas and plans 19 3. Recognizable Community Character and Design Key Value: Accentuate Community Character and Quality Design Introduction Wheat Ridge is a special and appealing community due to its convenient location, scenic views, established neighborhoods, parks and open space resources, and public facilities such as the senior and recreation center. Not only it is important to recognize and retain these assets, but also to recognize that there are opportunities to further promote these assets to attract future residents, employers, businesses, and visitors. Many residents and people passing thraugh Wheat Ridge note that the city's location often "blends in" among area communities; many do not know where the city of Wheat Ridge begins. To highlight Wheat Ridge's praminence in the region, the city will create a new image that is distinct from its neighbors, along the major corridors (especially Wadsworth). Additionally, the city will highlight the community's main entrances (or gateways) to emphasize that Wheat Ridge is a a special and unique community. In addition to strong gateways and community identification, Wheat Ridge will ensure that all new development and redevelopment efforts feature high quality design. High quality development and design will further accentuate the community's character and attractiveness, and add a sense of place and appeal to the community's unique places. The city of Wheat Ridge will lead by example by providing high quality and energy efficient public build ings and facilities. Strong, well-designed public spaces will enhance community's identity, and help to establish a desired character to set the stage for future private investment and development. Community Chorocter gools focus on: • Creating community identity and highlighting community entrances and corridors; and • Ensuring that new development and redevelopment is of quality design and complements existing uses. 21 ll".--;~-Ff-~,;;'"r-. ~----=--''" Primary gateways to the city include: Interstate 70 at Yaungfield • Interstate 70 at Ward • Interstate 70 at Kipling • Interstate 70 at Wadsworth 38'h Ave. at Sheridan • Wadsworth at 26'h Ave. • State Highway 58 at Cabela Dr. Primary commercial corridors through the community include: • Wadsworth • Kipling Youngfield Community Character Goals and Policies Goal CC 1 : Create recognizable gateways and corridors. Wheat Ridge will establish a clear identity that pramates a positive community image in primary community entrances ("gateways") and corridors. Policy CC1.l: Policy CC 1 .2: Establish and project a positive, cohesive community identity at primary gateways. Preliminary strategies include: ~ Develop gateway and 1-70 signage that uses recent community branding efforts to "tell the Wheat Ridge story" ~ Provide and maintain attractively landscaped areas ot community entrances Enhance the image of primary commercial corridors. ~ Provide and maintain attractively landscaped parkways and areas ~ Highlight and differentiate primary commercial and main street corridors with unique architecture and streetscope improvements ~ Establish public/private partnerships to coordinate streetscape improvements ~ Continue the community sign code Goal CC2: The City of Wheat Ridge will lead the community in quality design. The City of Wheat Ridge will lead by example by committing to quality, energy efficient buildings and facilities. Policy CC2. 1 : When updating existing facilities or constructing new public facilities or spaces, the City of Wheat Ridge will meet or exceed established design and charocter requirements. Preliminary strategies include: 22 ~ Require green building practices for new facilities or major renovations ~ Utilize the Architectural Site DeSign Manual or develop more stringent regulations for public facilities Goal CC3: Ensure quality design for development and redevelopment. Wheat Ridge will promote a high standard of design for development and redevelopment projects, and ensure that infill development is of high quality and meets the intent of the Structure Plan. Policy CC3. 1 : New development will be of high quolity to enhance Wheot Ridge's character. Preliminary strategies include: -¢-Update the Architectural Site Design Manual far use for all projects except Single-family residential (including mixed-use, senior housing, and multi-family developments) -¢-Revise the manual to correlate with varying degrees of densities and design 23 Quolity commercial and mixed-use developments feature: • Interesting details (such as windows, awnings, and cornices) designed to a human scale • High quality and durable materials (such as masanry and stone) • Complementory signage • Streetscape and parking lot landscaping • Buffers and screens to minimize impacts ta neighbors • Screened starage and service areas • Pedestrian-oriented design • Gathering spaces • Connections to ather properties and raadways 4. Connected Transportation System with Options Key Value: Increase Transportation Connections and Options Introduction Wheat Ridge is crossed by some of the metro Denver region's major travel routes, including interstate and state highways, regional bus routes, a regional trail system, and a future light rail line. This provides excellent accessibility, both on a local and regional level. In light of these positive transportation attributes and assets, the community has identified several opportunities to enhance the city's transportation network. These improvements focus on providing increased transportation options and connectivity so that residents of all ages can travel throughout the community and region with ease. One specific transportation improvement opportunity involves Wheat Ridge's unique position between two future light rail lines in Arvada and BeiMor. Development of a multi-modal corridor that connects the two destinations would improve regional transit access, along with potentially attracting those who pass through the community. The future light rail station in Wheat Ridge will require road, bus, pedestrian, and bicycle connections to the southern portion of the community, and planned activity centers. A variety of transportation options to reach the light rail line will ensure that the line is accessible to all residents and visitors. While the city's established bus transit and trail system are tremendous assets, more opportunities exist to link the systems to existing neighborhoods and future activity centers. Likewise, the community's trail system is outstanding, though improvements to the pedestrian and bicycle systems along major corridors are key community priorities. In order to successfully enhance the Wheat Ridge transportation network, the city needs to prioritize future impravement efforts to reflect planned land uses and community desires. For instance, many existing residential areas wish to retain their existing character and do not desire future sidewalks. In contrast, many of the community's major commercial corridors do not feature pedestrian facilities, though they would benefit fram improved pedestrian access. 25 T ronsportotion goals address: • Cooperating with regionol transportation entities; Praviding a multi-modal transportation network; and Impraving transportation connectivity and accessibility. 26 Transportation Goals and Policies Goal Tl: Provide an integrated transportation system to address all modes of travel and future funding priorities. Wheat Ridge will accammodate all modes of travel including motorists, pedestrians, bicycles, and transit riders. Policy T 1. 1 : Policy T 1.2: Policy T1.3: Goal T2: Establish priority corridors and intersections for future infrastructure improvements. Preliminary strategies include: ~ link development/economic development and transportation improvements in key activity centers identified as redevelopment areas ~ Establish key priarity areas for each travel mode and capital improvement projects ~ Establish criteria to identify established neighborhoods that are not priority areas for street or sidewalk enhancements Establish funding mechanisms for infrastructure improvements. Preliminary strategies include: ~ New local funding source to fund pedestrian and bicycle system improvements ~ Establish a blend of local and matching funds Develop complete streets in priority locations. Preliminary strategies include: ~ Develap cross sections that meet the needs af all mades ~ Require new develapment ta canstruct ar enhance segments af pedestrian and bicycle systems Increase intergovernmental cooperation on regional transportation issues. Wheat Ridge will emphasize the intercannectedness of regianal transportation systems, continue coordination and increase cooperation with transpartation providers, entities, and adjacent communities. Policy T2. 1 : Promote and coordinate multi-modal connections. Preliminary strategies include: ~ Plan future light rail and bus connections (with RTD and Arvada) 27 The Transportation Structure plan identifies priority corridors identified for road ca pacity a nd safety improvements, which include: • Kipling Street • Wadsworth Blvd . Priority intersections identified far vehicular capacity (congestion) improvements include: • 1-70 at Harlan • 1-70 at Kipling • 32"" Ave. at Youngfield • Ward Rd. at 48" Ave. Some priority locations for "complete complete street" improvements include: • Wadsworth • 38th Ave. (Main Street a rea) • Kipling The Transportation Structure Plan identifies priority locations for new bicycle co rridors and trail connections, which include: • North/south route east of Wadsworth • North/south route parollel to Kipling • North/south route between Kipling and Wadsworth (near Tabor Street) with connection to future transit station • Wadsworth at Greenbelt • 41" Street near Kipling to Greenbelt Policy T2.2: Goal T3: ~ Identify necessary pedestrian, bicycle, and trail connections (and develop improvement strategies with Jefferson County, CDOT, DRCOG, Arvada, Lakewood, Golden, Denver) Support regional transportotion planning to encourage efficient use of transportation funds and coordinated transportation systems. Preliminary strategies include: ~ Coordinate improvements and signals along primary roadways (with DRCOG, CDOT, Arvada, Lakewood, Denver) ~ Plan for railroad and light rail infrastructure (with RTD, BNSF, Southern Pacific, Coors Industrial) Increase transportation efficiency and options. Wheat Ridge will expand and enhance transportation efficiency and options, including vehicular traffic, bus transit, bicycling, and walking . Wheat Ridge will coordinate with regional transportation agencies to reduce barriers that impede traffic flow and promote safety. Policy T3. 1 : Policy T3.2: Policy T3.3: Policy T3.4: Reduce traffic congestion. Preliminary strategies include: ~ Improve caordinatrian of traffic signals on major corridors (work regionally with DRCOG) ~ Consolidate access points (on state highways) ~ Promote carpooling and alternative mode commuting Expand non-vehicular transportation options. Preliminary strategies include: ~ Prioritize improvements in the Bicycle and Pedestrian Route Master Plan ~ Improve bicycle and pedestrian connections between neighborhoods and transit stops Connect future light rail with other transportation modes. Preliminary strategies include: ~ Update and implement the Bicycle and Pedestrian Route Master Plan ~ Coordinate with RTD for bus service to Transit Station Area and other community activity centers Establish priority areas for pedestrian and bicycle facility improvements. Preliminary strategies and opportunities include: 28 Policy T3.5: Goal T4: ~ Require new development to construct or enhance segments of pedestrion ond bicycle facilities ~ Improve sofety of key ot-grade crassings ~ Identify locotions ond opportunities to add grade-separated pedestrian crossings ~ Establish key north/south bicycle rautes and crossing Increase mobility for the students and the aging senior population. Preliminary strategies include: ~ Provide convenient and accessible transit stops at schools, senior facilities, hospital, and community activity centers ~ Partner with schools, senior center, and other groups to develop safe routes and crossings Improve the synchronization between transportotion improvements and future land uses. Wheat Ridge will promote the development of transit-supportive growth patterns and focus on establishing a desired image and function of the community's principal roadway carridors in relation to the future land uses. Policy T 4.1 : Policy T 4.2: Define the role of principal roadways and their relationship to land uses. uses. Preliminary strategies include: ~ Examine planned future right-of-woy widths and their impact on adjacent properties (especially Wadsworth and Kipling) ~ Develop alternative cross-sections to examine future development scenarios ~ Coordinate and communicate raadway and land use vision to regional entities (COOT) Emphasize transit-supportive development patterns. Preliminary strategies include: ~ Incorporate transit into the design and function of future mixed-use activity centers (such as the future transit station area, Cobela's site, and Kipling civic area) ~ Allow higher density and multi-story development near transit stations ond along high-frequency bus corridors ~ Require pedestrian and bicycle facilities with new development 29 5. Quality Community Amenities and Services Key Value: Provide Quality Community Amenities, Services, and Resources Introduction Wheat Ridge residents are fartunate ta have an array af community amenities such as the Clear Creek Greenbelt, Wheat Ridge Recreation Center, numerous parks and open areas, quality schools, and urban utilities and services. These amenities and services improve the quality of life for residents -thus they help attroct and retain residents, employers, and new businesses. As the community grows and matures, the city will continue its commitment to providing and investing in community amenities, services and resources that sustain and enhance the quality of life for all residents. In order to provide such services, the city will need to work to stabilize its financial situation by encouraging a mix of land uses. By promoting additional employment and retail opportunities, the city will generate revenue that will help to fund the services and amenities for the cammunity's residents. Wheat Ridge is not a full service city, meaning that it provides some of the community's services, in conjunction with separate service providers that include water and wastewater utility districts, fire protection districts, and electric and naturol gas providers. Increasing costs of providing services will continue to strain all service providers and agencies. Cantinued coordination among providers will help to identify opportunities for cost savings through partnerships and increased efficiency. Community engagement and participation will also help agencies determine funding priorities, inefficiencies, and changing needs. Community Services goals emphasize: • Committing to sustainable levels of service; • Coordinating with utility providers and the school district; Investing in parks, open space, cultural activities, and technology; and Engaging community residents. 31 The Transportation Structure Plan identifies priority locations for improved or new connections to parks and trails (see the Transportation section for more details) . Community Services Goals and Policies Goal CS 1: Provide and maintain quality core community services and facilities. Wheat Ridge will cantinue to provide core city services and facilities such as parks and recreation, community development, street maintenance, and code enforcement at satisfactory levels in the future. Policy CS 1. 1 : Define core community services and their adequate levels of service Preliminary strategies include: ~ Solicit feedback from residents about which core services are most important and provide information about the costs of those services ~ Bose impact and development review fees on adequate public facilities criteria ~ Match future improvements to demand ~ Comply with Americans with Disabilities Act and other community service requirements Goal CS2: Continue investment in parks, recreation, and open space. Wheat Wheat Ridge will maintain and invest in providing quality parks, open space, and recreation facilities that are accessible to all neighborhoods and residents, using the Parks and Recreation Moster Plan to gUide investment and locations. Policy CS2. 1 : Maintain and enhance parks, recreation, and open space offerings and facilities. Preliminary strotegies include: ~ Periodically update the Parks and Recreation Moster Plan to identify future parkland needs (based on established effective levels of service) ~ Improve connections and signage for better accessibility to parks and trail system ~ Develop on improvement progrom to modernize and upgrade facilities ~ Continue to coordinate with Jefferson County for acquisition of additional open space Goal CS3: Increase community safety and code enforcement. Wheat Ridge will proactively ensure the safety and welfare of residents by proViding high levels of police and emergency response services. In addition, the city will promote community maintenance and involvement involvement with crime prevention and code enforcement programs. 32 Policy CS3. 1 : Respond to and encourage participation in community safety and property maintenance Preliminary strategies include: ~ Establish adequate levels af service far police and emergency aperatians ~ Continue crime prevention progroms and strotegic patrolling ~ Sponsor neighborhood clean up events ~ Update and enforce nuisance codes Goal CS4: Continue to coordinate with fire districts and utility providers to maintain quality service. The city will continue to coordinate with utilities and fire districts to maintain quality levels of service to existing customers and pravide new services to areas where future growth will occur. Policy CS4. 1 : Coordinate development and redevelopment activities with utility providers and service districts. Preliminary strategies include: ~ I nvite agencies to attend development review and coordination meetings ~ Explore offering credit or incentives far development/redevelapment that reuses, establishes new connections to, or upgrades existing utility infrastructure Goal CS5: Maintain and improve educational offerings. The community will recagnize the need for quality schools and the role they play in attracting and retaining families and employers, and promote cantinued investment in quality educational opportunities for all residents. Policy CSS. 1 : Maintain existing educational resources and increase educational opportunities for all types of residents. Preliminary strategies include: ~ Work with Jeffersan Public Schools and charter schools to improve/maintain schaols ~ Identify and increase opportunities for adult and lifelong learning (e .g. library, senior resources, adult classes, etc.) ~ Coordinate opportunities with educotional providers to shore resources ~ Partner with employers and schools to provide youth mentoring and job shadowing 33 Art and cultural amenities to promote and maintain include: • Art in public places program • Historic and cultural facilities • Community concerts • Carnation Festival Goal CS6: Continue to support diverse arts and cultural amenities. Wheat Ridge will continue to promote and suppart a rich assortment of community amenities to improve and enhance the quality of life far area residents, employees, and visitors. Policy CS6. 1 : Goal CS7: Maintain and enhance existing arts and cultural offerings. Preliminary strategies include: ~ Explore partnerships ond olternative funding sources (e.g . with school district, Senior Resource Center, etc.) Increase opportunities for public involvement with city government. Encourage community involvement in issues that affect the quality of life in the city and provide ample opportunities for discussion and involvement to build 0 greater sense of community. Policy CS7.1: Make city government engaging and accessible Preliminary strategies include: «} Review customer service functions to make them easier for the customer ~ Provide information to the public in a variety of formats (online, community workshops, newsletters) ~ Solicit community feed bock on topics that impact residents and business owners Goal CS8: Invest in technology infrastructure. Wheat Ridge will promote investment in braodband and/or wireless technology infrastructure in sub-oreos or community-wide to meet demand and enhance educational and employment opportunities. Policy CS8. 1 : Coordinate the development of technology infrastructure with development and redevelopment projects. Preliminary strategies include: 34 ~ Explore opportunities to test new technologies in select areas ~ Enter public/private partnerships to fund improvements 6. Sustainable Future Key Value: Ensure a Sustainable Future Introduction Wheat Ridge is committed to becoming a thriving, desiroble, and sustainoble community in the future. A sustainable community carefully balances the needs and quality of life of its people, with stewardship and respect for the natural environment and resources, and economic opportunities and benefits. A sustainable community balances three primary principles -the "three P's": People A sustainable community values quality of life and promotes social equity and opportunities for its people. It offers residents employment opportunities and convenient access to retail goods and commercial services. It also provides opportunities for residents to grow ond age in sofe neighborhoods where losting relationships are formed . It promotes health and well ness, and encouroges civic engagement. Planet A sustainable community provides stewardship of the natural environment and aims to protect and conserve resources . It promotes reductions in greenhouse gas emissions, water use, and resource consumption. It strives for improved air quality, energy efficiency, and increased recycling. A sustainable community protects and preserves naturol assets such as moture trees, views, wildlife hobitat, and streams. Prosperity ~ A sustainable community recognizes the importonce of economic prosperity (both for individuals and the community as a whole) . It strives to provide diverse employment and career opportunities for residents. It promotes economic gain for commercial businesses, and fiscal health of city government. A sustainoble community maintains property values and retains strong households. These principles of sustainability are interreloted and impact one onother. Moreover, these principals encompass the key values and goals in the previous sections. Evaluation of the community's decisions against the sustainability principles will help to ensure a thoughtful and comprehensive approoch to the community's future . 35 People ® .. '. . . . . . , '.. . $ ~ Planet Prosperity Sustainable Future goals focus on: • Relating land use decisions and economic stability; • Protecting and respecting the naturol environment; • Reducing resource consumption; and • Promoting community health. 36 I Sustainable Future Goals and Policies Goal SFl : Establish and maintain a resilient and sustainable tax base. Wheat Ridge will establish and maintain a resilient tax base that will be able to fund core community core services. The city will base future economic development strategies and land use decisions on current community service expectations and fiscal realities. Policy SF1.l: Policy SF 1.2: Goal SF2: Coordinote land use and fiscal planning. Preliminary strategies include: ~ Align zoning with intent to odd future employment and commercial land uses to generate revenue and balance existing residentiol service requirements ~ Focus on attracting strang households and a healthy mix of ages within the community ~ Align development impact fees to ensure development and redevelopment "pays its way" Diversify and broaden the city's revenue base Preliminary strategies include: ~ Promote local and regional retail and employment that provides a net positive fiscal impact ~ Encourage shopping and dining locally locally "in Wheat Ridge". Protect and preserve natural assets. Wheat Ridge will pratect and conserve its natural, scenic, and environmental assets areas including the urban tree canopy, Wheat Ridge Greenbelt, Lena Gulch, and other drainage ways. Policy SF2. 1 : Provide stewardship of unique and sensitive natural resources and areas. Preliminary strategies include: ~ Limit development in floodplains ~ Require development buffers and setbacks in areas adjacent to natural resources ~ Continue coordination with Jefferson County Open Space to acquire and manage lands ~ Continue the city's Forestry Pragram (planning and tree maintenance in the public right-ofway) 37 Gool SF3: Reduce resource consumption and increase conservation. Wheat Ridge will explore opportunities to reduce consumption of resources and energy and promote conservation in city programs and with privote development. Policy SF3. 1 : Policy SF3.2: Policy SF3.3: Policy SF3.4: Reduce the disposal of solid waste Preliminary strategies include: ~ Establish community recycling and composting programs and services -¢>-Require construction waste diversion ~ Promote reuse and exchange of materials Increase energy efficiency ond use of renewable energy Preliminary strategies include: ~ Enact energy efficiency standards ~ Provide incentives for alternative energy (for new systems or to retrofit existing systems) ~ Enact maximum lighting standards ~ Emphasize the benefits of proper building orientation ~ Retain urban tree canopy Reduce community water use Preliminary strategies include: ~ Require low-water landscaping for new development ~ Offer incentives to change to low-water or xeric landscaping ~ Review and update building codes ~ Provide incentives for installing efficient fixtures ~ Provide sprinkler system audits {> Continue pork maintenance water conservation best management practices Promote renewable resources Preliminary strategies include: 38 ~ Identify and preserve opportunities for local renewable energy resources {> Promote and incentivize investment in renewable energy Policy SF3.5: Require site designs and techniques that minimize development and redevelopment's energy use and impacts on the natural environment Preliminary strategies include: ~ Require starmwater best management practices ~ Emphasize building orientation and access to solar resources ~ Prevent light pollution with maximum lighting levels ~ Require water efficient landscaping ~ Accentuate parking lot placement and landscape coverage Goal SF4: Create a healthy and active community. Wheat Ridge will pram ate a healthy lifestyle and environment for all residents, and encourage opportunities for lifelong activity and engagement. Policy SF4.1 : Policy SF4.2: Policy SF4.3: Promote physical activity and recreation. Preliminary strategies include: ~ Reduce barriers for active lifestyles (such as enhancing pedestrian connectivity and rautes) ~ Establish and promote Safe Routes to School ~ Continue Walk and Watch program ~ Develop and enhance community activity centers and employment opportunities, within walking distance of neighborhoods ~ Investigate and respond to the activity and lifestyle needs of an aging papulation and young families Provide opportunities for accessible and affordable healthy foods. Preliminary strategies include: ~ Continue investment in community gardens ~ Allow farmer's markets, produce stands, and urban agriculture (e.g. backyard gardens, composting, domestic animals on large lots) ~ Support existing small agricultural operations (keep current agricultural zoning) Encourage community interaction with environmental assets. Preliminary strategies include: ~ Wark to highlight, identify, and cohesively link parks and open space areas together 39 40 ~ Maintain connections to Wheat Ridge Greenbelt, Clear Creek Trail, and Crown Hill Regional Open Space ~ Encourage new development to incorporate natural amenities on or near the development site (e.g. patios franting Creek, sitting areas, etc.) Relationship of Key Values to Sustainability Wheat Ridge's vision for the future is based on a series of interconnected Key Values and goals. The following table offers an outline of how each of the key values contributes to the principles of community sustainability (People, Planet, and Prosperity). A sustainable future balances the needs and quality of life of the community's people, and respect and stewardship for the planet and naturol environment, with community and individual prosperity. Not only is it important to understand how each key value relates to the community's overall sustainability, but it is also interesting to note the similarities and connections between the key values. Key Value People Planet Prosperity Resilient Local A balanced mix of land Nearby employment A mix of land uses Economy with uses establishes a opportunities and provides local Balanced Mix of Land diverse revenue base to commercial services, employment and career Uses fund community result in fewer vehicle options to residents, and services. miles traveled, thus adds stability and improved air quality and economic resilience. reduced greenhouse gas (GHG) emissions. Vibrant Strong neighborhoods Vibrant neighborhoods Vibrant neighborhoods Neighborhoods and foster lasting encourage residents to maintain property Housing Options relationships. Housing stay in their homes and values. options accommodate invest in efficiency and changing needs ond a landscaping upgrades. variety of household types. Community Distinct character and Clear character respects Strong design and Character and quality design instills natural assets and character are long-term Quality Design community pride and resources. Design investments. They also encourages participation standards encourage help the community and engagement. resource efficiency and attract visitors and retain contextually and high residents and employers. qualitydesign. Transportation Multi-modal options Multi-modal Multi-modal options Connections and provide mobility for transportation systems provide flexibility for Options residents of all ages, reduce personal residents as fuel prices and encourage healthy automobile use, fluctuate, and are living. therefore contributing to candidates for diverse improved air quality and funding opportunities. reduced GHG emissions. Quality Community Quality community Community programs Quality services are Services services promote health, protect natural assets attractive to potential safety, recreation, and (such as open space residents, employers, social interaction. and stormwater and commercial programs). businesses, and retain strong households. 41 Envision WHEAl RIDGE PRELIMINARY STRUCTURE AND TRANSPORTATION PLANS Draft 7/l 0/09 Introduction The Structure Plan and Transportation Plan are preliminary mops that correspond with the goals and policies in the draft Policy Fromework document. They draw on current conditions and existing Subarea Planning efforts, and also reflect input received from community meetings, committee members, stoff expertise, and market analysis. Both mops will continue to evolve and change as the overall preferred direction and strategies for the plan are refined. Structure Plan 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. The Structure Plan, in combination with the goals and policies, will help the community determine appropriate locations and strategies for: 1. conservation of our communityls assets and foundation; 2 . areas in need of revitalization; and 3. priority areas for redevelopment to achieve vibrant commercial, mixed-use areas, and employment. The Structure Plan text describes appropriate development character for each place. It is based on current conditions, feedback from the community, and market realities. In sum, the plan provides high-level gUidance; it is not intended to be detailed or parcel-based, nor is it a zoning mop. The Transportation Plan is described later in this document. The Structure Plan's Places Assets + Foundation + Corridors & Gateways + Activity Centers Wheat Ridge Vision The Structure Plan mop shows several kinds of places that layer upon each other to create the type of place described by the community vision. These places include: ENVISION WHEAT RIDGE -STRUCTURE PLAN 1. Assets Assets shown on the plan are the physical, natural, cultural, and social resources within Wheat Ridge, including : • Parks and open spaces, • Public facilities such as schools, the hospital, senior center, and the recreation center, • Grid street system and connections to the regional road and highway network. Wheat Ridge has many other assets not shown on the plan, including its scenic views, proximity to the mountains, and convenient location neor Denver, and its role as on inner-ring suburb. 2. Foundations Foundations are neighborhoods and commercial areas with common characteristics, upon which the focus areas are layered. They include: • Neighborhoods, • Transitional Areas thot are intended to tronsition to more stable places with a mix of vibrant and higher intensity uses, • Mixed-Use Commerciol Areas • Mixed-Use Employment, and • Employment Areas. 3. Corridors and Gateways Corridors and Gateways are oreas of future focus, layered on tap of the foundations. Corridors are the maior tharoughfores through Wheat Ridge along which businesses ore located. The intensities and land use charocteristics of the city's corridors will vary from vehicular-oriented commercial districts to quaint and pedestrion-friendly neighborhood commercial areas. The corridors include: • Primary Commercial Corridors, • Main Street Corridor, and • Neighborhood Commercial Corridors. Neighbarhood "partals" are identified along the main street and neighborhood commercial corridors. The Neighborhood Portals are places that correspond with transit stops and commercial activity along commercial corridors where pedestrian, bicycle, and cross-walk improvements should take place to provide access to and from neighborhoods. Gateways are the main entrances int%ut of the community. 4. Activity Centers Activity Centers are the priority areas of focus, generolly layered on the foundations or corridors. They are the community's social and economic gathering places--<lreas of higher-intensity development with a primary focus, such as retail, employment, or civic uses. Again, the city has varying sizes and intensities of activity centers; all of which are located at major intersections along the primary corridors. They include: • Regional Commercial Center, • Community Commercial Centers, • Neighborhood Commercial Centers, and • Employment Commercial Centers. 2 ENVISION WHEAT RIDGE -STRUcnJRE PLAN Relationship to the Vision These distinct places together are the layers of Wheat Ridge's envisioned future . The city will achieve the vision by acknowledging and strengthening its assets (neighborhoods, public spaces, and community parks and open space) and creating vibrant commercial and jab focus areas. Wheat Ridge will prioritize investment and redevelopment along corridors and in centers to create a diverse economy with a variety of employment and commercial opportunities and establish local destinations for residents, employees, and visitors. Categories Defined The table below identifies the major categories an the plan, their location, and the intended future character and uses. 1. ASSETS Category Parks and Open Space Public . -. -... -------.. --Location(s) Parks are located within neighborhoods or along corridars. Clear Creek Trail/Wheat Ridge Greenbelt, Crown Hill Regional Open Space, and open spaces link the community together. Public spoces are located throughout community within the neighborhoods. 3 Future Character and Uses Parks and Open Spaces are important within neighborhoods and for stewardship of natural resources. The city will continue to acquire, establish, and manage parks, open space, and drainage ways for their recreational, aesthetic, and environmental values. The plan designates existing public and quasipublic focilities including schools, public buildings, hospitals, and other similar uses. They will remain as community and neighborhood anchors. The Structure Plan does not deSignate future public or semi-public uses . 2. FOUNDATIONS Category Neighborhood Location(s) Neighborhoods ore located throughout the city, gene roily south of 1-70, and can be further defined as two types: 1 . Established Neighborhood; and 2. Revitalization Areas. 4 ENVISION WHEAT RIDGE -STRUCTURE PLAN Future Character and Uses Character/Established Neighborhoods: Neighborhoods will be the places for people to own homes and thrive and where residents of all ages can live safely and comfortably. Most neighborhoods contain a school or park focus. Some have a semi-rurol feel. Most are generolly bounded by major arterial and collector streets. Planning and zoning will determine the appropriate mix of single family or multi-family uses within these places in the future. Established Neighborhoods and Criteria: The city will continue to work with neighborhoods to focus on improving stability, home ownership, property values, protecting views, and provide high quality infill in established neighborhoods. Established neighborhoods can be defined with the following criteria: ./Consistent character (e.g., all single family, mostly semi-rural feel), ./Mature landscaping, ./' High rates of reinvestment and home ownership, (property values have increased), ./Consistent maintenance, and ./High desirability (e.g., home sales). DISCUSSION TOPIC: Should the plan recommend neighborhood planning in established neighborhoods? (Refer to the Policy Framework Neighborhoods and Housing section for more detail.) Neighborhood Revitalization and Criteria: Some residential areas have individual properties or general pockets of areas that ore in need of revitalization. These properties and areas require special attention because they have issues related to dilapidated properties, code enforcement, crime and safety, high rental rates, and/or incompatible mix of uses. In order to revitalize these areas and improve neighborhood stability, the city will require greater property maintenance, promote home ownership, and spur reinvestment through infrostructure improvements and/or limited limited small-scale residential redevelopment in areas that meet neighborhood revitalization criteria. 2. FOUNDATIONS Category Transitional Area Employment Area Location(s) The plan shows Transitional Areas in the following places: ./' Along both sides of Kipling Street north of 44· Ave. ./' South of 44· Ave. (at Youngfield) ./' Along Wadsworth Blvd. ./' Along 38· Ave. ./' Along Sheridan Blvd. Employment Areas generally build on existing industrial areas: ./' North of greenbelt, south of 1-70, west of Wadsworth ./' Belween 1-70 and 1-76 ./' North of 1-70 west of Kipling ./' 44· Ave. industrial pork 5 ENVISION WHEAT RIDGE -STRUcnJRE PLAN Future Character and Uses Possible criteria to distinguish neighborhood revitalizotian areas might include: ./Inconsistent character and uses from parcel to parcel, block to block, ./' Infrastructure needs (e.g., locking sidewalks or utilities in disrepair), ./Maintenance problems, ./' High crime rotes, and ./' High rental rates. Improvements in neighborhood revitalization oreas will need to be compatible with overall neighborhood character. Transitional Areas and ore most often located at the "edges" of neighborhoods, and generally function as "buffers" between residential areas and higher intensity commercial corridors and uses. Because of their close praximity to the city's primary commercial corridors, potential for assemblage, and underutilized nature of many of these properties, these areas will continue to transition from a mix of residential (both single and multi-family) and small-scale commercial uses traditional to areas with higher intensity residential, office, and commercial uses. Over time, the city aims to improve the appearance, compatibility and mix of uses, property values, and overall vitality of these areas. Most Transitional Areas correspond with deSignated Urban Renewal areas, and will develop in accordance with adopted Urban Renewal plans as applicable. In general, these existing light manufacturing, storage, warehouse, and other industrial-related uses in the city will remain as they are today. As infill occurs, the city will pramote efficient use of land and require adequate screening for residential neighbors . Some Employment Areas are also designated as Primary Employment Centers, under "Activity Centers", where the city will focus on redevelopment and establishing a mix of uses including offices, light industry, flex space, and associated commercial services in a master p~a'2ned or campus-like setting. 2. FOUNDATIONS Category Mixed-Use Employment Area Mixed-Use Commercial Area Location(s) The Mixed-Use Area encompasses the future Transit-Oriented Development (TOO) site at Ward Rd. (north of 1-70). Existing Areas: "' Kipling at 1-70 "' Youngfield and 38~ Ave. at 1-70 "' 38~ Ave. Future Areas: "' Cabela's site 6 ENVISION WHEAT RIDGE -STRUCTURE PLAN Future Character and Uses The TOO site will include a mix of uses, focused oraund the station, with employment being a major component. The "Activity Center" is described below. The plan designates existing commercial areas mixed 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 praperties, with "centers" being the primary emphasis. The future Cabela's area (also deSignated as a Regional Retail Center) will develop with a mix of uses including large anchor retail, smaller complementary retail, and additional secondary uses (including employment). The Regional Activity Center is descri~ below. 3. CORRIDORS AND GATEWAYS Category Primary Commercial Corridor Location(s) All Primary Corridors Wadsworth Corridor 7 ENVISION WHEAT RIDGE -STRUCTURE PLAN Future Character and Uses The corridors generally run north-south along arterials. The properties along the corridors (between centers) will contain a broad mix of activities. They will accommodate multiple transportation modes and exemplify high quality urban design and appearance (over time). __ Wadsworth Boulevord is the major north-south route through Wheat Ridge, connecting the city to its neighbors (Arvada and Lakewood). It is also the city's principal commercial corridor and a key redevelopment priority for the city. In the future, the city will focus on retaining existing businesses and improving the appearance and function of the corridor, including landscaping, trees, signage, and architecture. Wheat Ridge will also work with partners and focus on assembling ond voluntarily redeveloping outdated and underutilized properties primarily from 44'" to 38'h In these locations, the city will encourage development of a mixed-use Town Center that incorporates commercial and office uses, along with civic functions such as a library andlor city offices. The area will feature buildings close to the street with parking behind, higher intensities with high quality design and step-backs, outdoar gathering spaces such as patios and foundations, and a mix of uses, including multi-family housing (as lofts or part of the mix). Buildings adjacent to residential areas will transition down in height. The city will also improve bicycle and pedestrian connections along routes parallel to Wadsworth. DISCUSSION TOPIC: Should the plan recommend a mixed-use Town Center along Wadsworth between 38'" and 44"? (Refer to the Policy Framework Economy and Land Use section for more detail.) Main Street Corridor Kipling Corridor Youngfield Corridor 38'h Ave. Corridor (between Wodsworth and Sheridan) 8 ENVISION WHEAT RIDGE -STRUcnJRE PLAN Kipling is also high on the list of the city's redevelopment priorities. The Structure Plan shows a Recreation Focus area around the Recreotion Center, future park, and Greenbelt. Development in this area will include supporting uses such as retoil, restauronts, and public gathering spoces, ond will be sensitive to open space, topogrophy, and adjoining neighborhoods. Areas along Kipling north and south of the Recreotion Focus areas will accommodote a mix of commercial and office uses. Buildings along this corridor could be higher intensity (particularly north of 44'h Avenue), provided that taller buildings feature high quality design and step-down to reduce impacts on adjacent residential. The city will focus on retaining existing commercial and offices along the Youngfield corridor near 38'h and improving the appearonce and transportation function so that the corridor will support commercial functions as the regional commerciallCabela's site develops. Along 38'h, nodes of locally owned commercial businesses and employers will be showcased in a tronsit and pedestrian-friendly "main street" environment that emphasizes Wheat Ridge's historic and hometown charocter. Small-scale mixed-use infill and redevelopment activities will be focused primarily between Wadsworth and Pierce, with additional nodes of development extending along 38'h Avenue to Sheridan over time. Main Street streetscape and other urban design improvements have been completed on 38'h Avenue between Sheridan and Harlan. These improvements will be extended through the Main Street corridor to provide a gateway to Wheat Ridge's historic commercial area. "Portals" will be the main location for pedestrian and bicycle improvements (such as crosswalks and striping, generally every half to one-mile, corresponding with transit stops) to increase safe and inviting connections from neighborhoods to and across the corridor. Neighborhood Commercial Corridor Primary Gateway The plan shows Neighborhood Commercial Corridors along: ./44~ Ave. (between Tobar and Kipling) ./44~ Ave. (between Kipling and the greenbelt) ./44~ Ave. (east of Wadsworth) and Harlan (from 1-70 to Just south of 44~ Ave.) Primary Gateways are at: ./1-70 at Wadsworth ./1-70 at Kipling ./1-70 at Word Road ./1-70 at Youngfieldl 320d Ave . ./Wadsworth at 26~ Ave . ./38~ Ave at Sheridan 9 ENVISION WHEAT RIDGE-STRUCTURE PIAN The Neighborhood Commercial Corridors generally run east-west thraugh the community. Praperties along the corridors will contain a brood mix of activities, including small-scale pedestrian-friendly mixed-use retail, commercial businesses, and residential. They will focus on promoting a compatible mix of uses to supply the doily services and needs of adjocent residential oreas and could also function for senior housing. These corridors need streetscape, trees, and pedestrian amenities to increase vitality and create a "sense of place". Neighborhood Commercial Centers (see below) located along the corridors will be key focus areas for investment and redevelopment. "Portals" will be the main location for pedestrian and bicycle improvements (such as crosswalks and striping, generally every half to one-mile, corresponding with transit stops and Neighborhood Commercial Centers) to increase safe and inviting connections from neighborhoods to and across the corridors. Adopted Subarea Plans (i.e. the Fruitdale Suborea Plan) will guide future development of these areas. The city will develop programs to create unique and unified signage, landscaping, and/or streetscape improvements (in the right-of-way and on adjacent properties) to signify to travelers when they are entering or leaving Wheat Ridge. Regional Commercial Center Community Commercial Center The plan designates one future Regional Commercial Center: ./West of 1-70 and south of Highway 58 (future Cabela's site) Existing Community Commercial Centers: ./38~ and Wadsworth (Sofewoy) ./38~ and Sheridan (King Soopers) ./38~ and Kipling ./Youngfield north of 32"" (King Soopers/Wal-Mort) Future Centers: ./44~ and Wadsworth ENVISION WHEAT RIDGE -STRUCTURE PLAN A 100-acre+ commercial center is located at the 1-70 interchange and will serve a 5-mile+ trode area. The center will feature severo I anchor stores and other retail tenants, in addition to secondary uses such as employment, restaurants, or a hotel. Buildings could be higher intensity (up to 5 or 6 stories) than other parts of the community east and south of 1-70, so long as they are designed with landscaping, high quality urban design and architecture, and preserve views to the extent possible, and incorporate green space. The city will focus on retaining existing major supermarket shopping centers as commercial development nodes that serve 2-mile trode areas. Ensuring that these areas remain economically strong and serve community needs is important to the city's fiscal health and social well-being . Future improvements should address appearonce and transportation functions of these existing centers. The future Community Commercial Center (shown at 44'" and Wadsworth) will include a higher density mix of commercial, employment, and potentially civic uses near transit. This center will blend with the existing center located at 3Bth and Wadsworth, and together they will function as a mixed-use Town Center -a community gathering place and local destination. In order to facilitate development, buildings could be more urban and higher intensity in the Town Center area than other locations throughout the community, provided that buildings feature exemplary design and transition to surrounding residential uses. 10 Neighborhood Commercial Center Employment! Commercial Center Primary Employment Center Centers ore located based on current commercial activities: " 44~ and Parfet " 44~ and Garrison " 44~ and Pierce " 38~ and Moore " 26~ and Kipling Future Center: " Word Road at future FasTracks Gold Line Station (also known as the "T.O.D. site") Existing Center: " Exempla Lutheran Hospital and the parcels immediately surrounding it are encompassed in the primary employment center. I I ENVISION WHEAT RIDGE -STRUCTURE PLAN Neighborhood Commerciol Centers will feature small clusters of businesses and mixed-uses to serve neighborhood needs (at residential, neighborhood scale), offer unique niche business opportunities, and add a "sense of place" and destination within distinct neighborhoods. The city will prioritize pedestrian accessibility within these condensed commercial nodes that are generally along Neighborhood Commercial Corridors. Other centers may occur in the community over time. The Employment/Commercial Center is designated as a mixed-use area that emphaSizes primary employment complemented with commercial and retail services, and multi-family housing in a transit-oriented, pedestrian-friendly setting (commonly referred to as transit-oriented development, or T.O.D.). Like the Regional Commercial Center, buildings in the T.O.D. area could be higher intensity than other parts of the community east and south of 1-70, so long as they ore designed with landscaping, high quality urban design and architecture, and incorporate green space. The city will support long-term expansion and job growth around the Exempla Lutheran center, including along the southern end of Wadsworth Boulevard and small-scale businesses along 38'" north of the hospital. ENVISION WHEAT RIDGE-STRUCTURE PLAN Transportation Plan Overview The Transportation Plan identifies priority areas for future transportation-related improvements. These improvements focus an improving options and connectivity for all modes of tronsportation, including motorists, pedestrian, bicyclists, and transit riders. Relationship to the Structure Plan and Vision The Transportation Plan will help the city achieve the vision for a convenient and connected transportation system, thriving business districts, and a high quality of life. The priority areas identified on the Transportation Plan will provide clear connections between the community's neighborhoods and parks and open spoce assets to the key activity centers identified an the Structure Plan. Multi-modal enhancements to the city's primary commercial corridors will help create vibrant and attractive business districts that are accessible, attroctive, and safe. Transit enhancements and improvements at key locations will allow employees, residents, and visitors to move throughout the city with greater ease and convenience. Categories Defined The table below provides descriptions of the types of transportation-related improvements by category . . TRANSPORTATION IMPROVEMENTS Category Vehicular Capacity Improvements Road Capacity and Safety Improvements Main Street Corridor Location(s) ./32"" Ave. at Youngfield ./Word Road at 48~ Ave. ./Kipling at 1-70 ./Harlon at 1-70 ./Wadsworth ./Kipling ./38~ Ave. east of Wadsworth to Pierce Description Intersections that experience routine congestion will benefit from impravements to increase vehiculor capacity and encourage traffic flaw. Improvements might include additional turn lanes and better traffic signal synchronization . Major regional vehicular travel corridors with heavy travel volumes and routine congestion will benefit fram improvements to increase road capacity and safety for all transportation modes. Improvements might include driveway consolidation, modified cross-sections, and traffic signal synchronization . As described above, this corridor will be a transit and pedestrian friendly "main street" that features an extension of streetscape and urban design improvements that have been completed between Sheridan and Harlan. 12 ENVISION WHEAT RIDGE -STRUCTURE PLAN ./50s, Avenue extension New Roadway from Transit Station to The Northwest Subarea Plan identifies a future Kipling roadway connection from the future transit station to Kipling to provide on additional east/west route north of 1-70. This new roadway will be designed to accommodate all modes of transit . ./Clear Creek Greenbelt Existing Multi-./Kipling at Recreation The regional Clear Creek Greenbelt trail Center traverses the community from west to east and Use Trail is a key community asset. An additional multiuse trail crosses under Kipling adjacent to the Recreation Center . ./North/south route New Bicycle from 320d Ave. to On-street bicycle corridors are identified in future transit station locations where primary bicycle routes are Corridor (in the T obor Street needed. They include two north/south routes to vicinity) connect to the future transit station, cross the ./Along 41" south of greenbelt, and provide alternative routes near greenbelt busy vehicle travel corridors . ./North/south route east of Wadsworth (olong Pierce) ./Link between New Multi-Use north/south Pierce New multi-use trails provide off-street travel Trails route to Greenbelt routes. Some provide direct off-street ./North/south route connections between existing trails and olong Kipling from proposed on-street bicycle routes. 320d Ave to Arvodo Transit Station ./Wadsworth ot Trail Connection Greenbelt The existing Greenbelt connection from Wadsworth is identified as on area needing Enhancement enhancement. Suggested modifications include increased signage, sidewalk widening, and grading improvements. ./38~ ond Youngfield Transit Stop ./44th ot Pierson Areas identified as future transit stop ./26~ and Kipling enhancement areas will benefit from improved Enhancement ./Kipling ot Recreation transit stops and shelters, pedestrian crossings, Center and sidewalks. Many neighborhood portals ./38~ Ave at Hospitol identified on the Structure Plan coincide with ./41" ot Wadsworth transit stop enhancement areas. Portals will ./38~ at Sheridon emphasize safe and clear connections to enhanced transit stops, activity centers, and across corridors . ./Ward Rood ot 1-70 Park-n-Ride The Park-n-Ride at Word Rood and 1-70 will close when the Gold Line is complete. 13 Future Light Rail Future Light Rail Station " Northern edge of community " West of Tabor at Light Rail Line 14 ENVISION WHEAT RIDGE -STRUC1URE PLAN The Regional Transportation District's future Gold Line light rail system is plonned for completion in 2012 and will pravide a high speed transit link Wheat Ridge to the greater Denver metro region. The future Gold Line light rail raute will end at the Wheat Ridge station, located west of Tabar Street and north of 1-70. The area surrounding the station will develop as a transit-oriented Employment/Commercial Center with a mix of uses. • -Parlls and Open Space Mlxed-U .. Commercia' ~-:tr~ ~ -IIII Primary COmm.rdal CorTldor . .-C.. -~. -• ""0 3. CORRIDORS, GATEWAYS MaIn Street -T -• Neighbomood COmmercia' -COrrid-or _ ~-,!!fi.ft_ ._ ~ Primary Gateway ..... h ........ r) COmmercia' '-cent ... I I i :+z ,. i i [ • 1 I t I' f i • I , ~ I I( *I /I d f hoJ I I I I I I f I J . . I • • I I i f r I ~ i f ~ i + I j i f f I • • i [ , f · i ~i i i I I f i II" , ~ ~m , f I ~ , Ig; "m< j' ~ ;. »_. ~ ,I ~ at ~ -< ", II I .c :;:Q_. < ;°0 ~ o,Gm>~ lO'1d Usc t:COl"lOI"n I CS Height and Density -June 24, 2009 Background Wheat Ridge has had difficulty attracting strong households, is increasingly not supplying the goods and services residents want. and has begun to lag economically (Source: NRS). Neighboring communities have attracted the strong households and supporting goods and services, etc. that Wheat Ridge should be getting. • Public policy and the development process are important components of the "market" particularly when a developer is comparing potential development sites in different jurisdictions. The Wheat Ridge "market" is as much comprised of its regulatory framework and process (the ease or difficulty of development) as other factors typically evaluated. Additional time spent in the development process translates to higher development costs. Regutatory Competitiveness Specific height and density limitations aside, the charter restriction is found in no other neighboring community. • • • It paints Wheat Ridge as a "development unfriendly" location in a localized market that is perceived as non-competitive making development and redevelopment that much more infeasible. It adds potentially significant cost, time, and regulatory burden on developers. "Normal" public and development processes are generally effective in responding to neighborhood concerns. Economic Development Infill sites are inherently more expensive to redevelop due to physical. infrastructure, political. and community issues when compared to greenfield sites. Redevelopment is justified when land costs can be partially offset and/or when project revenues have increased to a level when a developer's fee and profit is approximately 20% of total development costs. Costs of development made initial site acquisition at Highlands Garden Village, for example, twice the price of comparably sized greenfield land. That difference can be partially offset by additional density. Developers and the public sector, also, sometimes need to partner on these types of development sites so that the redevelopment "burden" is offset. 1934 Soulh Emerson Sireet Denver Colorodo 802 10 T. 720.244.7678 F. 720.228.2211 Without flexibility to accommodate additional height where necessary, Wheat Ridge has been unable to participate in new housing and economic development opportunities. That one additional floor can accommodate those additional units or square footage that can create the difference between profitability and projects that don't pencil financially. • Exempla Lutheran worked within current charter limitations when designing their new building, although they have indicated that there was the potential for a slightly taller building. In a case like this, where some flexibility and a sensitive design might have been helpful. the charter limitations resulted in fewer services, jobs and lost opportunities. • The development of urban, mixed use housing and services has largely responded to large-scale demographic shifts occurring as baby boomers age, and their kids move out of the house, household sizes get smaller, and "non-traditional" (ie nonnuclear family) household types become the majority. These new households households are demanding a different set of services and housing types than seen previously or what is offered currently in the City. Charter limitations negatively impact the potential for this type of development to take place. Current and Future Market Regional projects in Arvada, West Denver, and Lakewood have helped define the local market. Wheat Ridge is currently a 3 story residential market and 5-8 story commercial market West Denver and Jefferson Counties are slowly transitioning, however. As land area gets built out, pressure for higher density begins to build. Neighboring communities are proactively planning for a scenario where higher density development occurs in key locations within their boundaries. • The City of Arvada will soon initiate a public process to update their zoning code to accommodate and be flexible to future desired height and density demand. A maximum of six stories is being envisioned for the "New Town" area of Arvada (south of Olde Town). At Arvada Ridge, 3-8 stories is envisioned for the development in the area which would include a mixed use core with residential densities in the range of 20-60 dulac. The Arvada Ridge developer is planning to break ground by the end of 2009. Page 2 Arvada and others (ie Lakewood, Westminster) are working to set the development and regulatory framework to be flexible and responsive as the market turns around, shifts in demographics occur, and the Denver regional transit system builds out. There are often lags between policy enactment and development in the market. As the market recovers, higher density projects will become more prevalent in suburban markets in key locations .... particularly in those markets where there is a positive regulatory framework in place and a public sector and community open to working with private developers. Page 3 Envision Wheat Ridge – Comprehensive Plan Update Joint Study Session, July 20, 2009 1 CLARION /ARLAND /FEHR & PEERS Joint Study Session 1 -Presentation 􀀹 Process Update 􀀹 Preliminary Structure Plan and Transportation Plan 􀀹 Preliminary Policy Direction/Recommendations 2 – Discussion 􀀹 Structure Plan and Transportation 􀀹 10 Recommendations July 20, 2009 CLARION /ARLAND /FEHR & PEERS Your Feedback—10 Recommendations: Economy and Land Use 1. Refine Priority Locations for Investment/(Re)development 2. Density and High Quality Design 3. Seek to Amend the Charter 4. Make the Ward Road TOD a Mixed-Use Employment Center 5. Designate Town Center on Wadsworth CLARION /ARLAND /FEHR & PEERS Ideas… Neighborhoods 6. Neighborhood Revitalization and Planning Transportation 7. “Complete Streets” 8. Bicycle/Pedestrian North/South Other Topics 9. Sustainability 10.Subarea Plans CLARION /ARLAND /FEHR & PEERS Confirm Direction, Also: •Goals/Policies •Structure Plan •Transportation Plan Vision and Goals (6 Key Values) 1. Resilient Economy with a Balanced Mix of Land Uses 2. Vibrant Neighborhoods and Housing Options 3. Community Character and Quality Design 4. Well-Connected Transportation System with Options 5. Community with Quality Amenities and Services 6. Sustainable Future Process Update CLARION /ARLAND /FEHR & PEERS Public Outreach •Website 􀂃 Avg. 325 hits/month, Twitter, polls, etc •Publications 􀂃 “Connections,” Channel 8 video •CAC, TAG •Community Workshops 􀂃 4 so far; one more 􀂃 WR2020 Growth Forum •Business Groups Envision Wheat Ridge – Comprehensive Plan Update Joint Study Session, July 20, 2009 2 CLARION /ARLAND /FEHR & PEERS Approach & Schedule 1 Community Profile (􀀹) 2 Vision/Plan Directions (􀀹) 3 Structure Plan/Policy Framework (􀂻) 4 Implementation (􀂻) 􀂾 Additional summer outreach 􀂾 Next meetings in mid/late August 􀂾 Public meeting in early September 5 Draft Plan (Sept/Oct) 􀂾 September Study Session CLARION /ARLAND /FEHR & PEERS Background: Community Profile… www.EnvisionWheatRidge.com CLARION /ARLAND /FEHR & PEERS Feedback, Emerging Themes from Last Meetings 􀂃 Fiscal and Economic/Market 􀂃 Balanced economic approach (more emphasis on primary jobs) 􀂃 Transportation 􀂃 “Complete streets” 􀂃 Vehicles and bicycles funding 􀂃 North-south bike corridor and other improvements on plan 􀂃 Housing 􀂃 Concerns about multi-family housing (where it should go) Employment Housing Retail CLARION /ARLAND /FEHR & PEERS Emerging Themes… 􀂃 Design and Density 􀂃 5-6 story for CAC, lower for public. 􀂃 Flexibility 􀂃 Design must be high quality 􀂃 Trees, landscaping, and views (esp. with higher buildings) 􀂃 General support for seeking removal of charter restrictions • CAC • More concern in public meeting (interest in certain locations only or not at all) CLARION /ARLAND /FEHR & PEERS Density/Height Input OK! NOT OK! Maybe at Cabela’s OK (Primary Corridors) CLARION /ARLAND /FEHR & PEERS Additional input… Last Public Meeting 􀂃A few key priority investment, (re)development areas 􀂃Town Center 􀂃 Not a civic center 􀂃 Good idea, but not highest priority 􀂃Neighborhoods 􀂃 Concern about Charter issue, its affect, ability for “public say” 􀂃 Neighborhood-level planning 􀂃 Senior housing and ADUs in transition/renewal areas, corridors 􀂃Sustainability concept support Envision Wheat Ridge – Comprehensive Plan Update Joint Study Session, July 20, 2009 3 Policy Direction & Structure Plan Structure Plan (Updated) 1.Priority Locations for Redevelopment 2.Town Center 3.Density and Height 4.Charter Amendment 5.Neighborhoods location (Updated…) CLARION /ARLAND /FEHR & PEERS 􀂃 Commercial/Mixed-Use Redevelopment Areas 􀂃 Primary Job Areas Priority Redevelopment Areas: Corridors and Activity Centers From This To This… CLARION /ARLAND /FEHR & PEERS Neighborhoods and Transitions 􀂃 Low Density/Rural Neighborhoods (YELLOW) 􀂃 Neighborhood Revitalization (criteria) 􀂃 Transitional/Renewal Areas along corridors (BROWN) Conserve This… From This To This… CLARION /ARLAND /FEHR & PEERS Design, Density, and Height 􀂃Design and Density 􀂃 Density/Height along corridors only 􀂃 Design important (must be high quality) 􀂃 Trees, landscaping, and views (esp. with higher buildings) Envision Wheat Ridge – Comprehensive Plan Update Joint Study Session, July 20, 2009 4 CLARION /ARLAND /FEHR & PEERS Market Reality • The Market: 􀂃 Existing, expanding retailers except Cabela’s 􀂃 Office, industrial comparatively strong. 􀂃 Infill and redevelopment (Built out community) • More expensive • 3-story residential • 5-8 story commercial mixed-use 􀂃 Investment lagging neighboring communities (NRS). • The City Charter restriction on height and density: 􀂃 Not found in other communities 􀂃 Zoning and development review typically addresses neighborhood concerns CLARION /ARLAND /FEHR & PEERS Strong Neighborhoods 􀂃 Established/Strong Neighborhoods: 􀂃 Ownership and reinvestment 􀂃 Advocacy groups 􀂃 Semi-rural, large lots 􀂃 Neighborhood Planning 􀂃 Criteria: 􀂃 Consistent character 􀂃 High ownership rates 􀂃 Well-maintained properties CLARION /ARLAND /FEHR & PEERS Neighborhood Revitalization 􀂃 Revitalization Areas: 􀂃 Multi-family/mix 􀂃 Older housing stock and infrastructure aging without reinvestment 􀂃 Trend of higher rentals 􀂃 Criteria: 􀂃 Inconsistent mix of uses 􀂃 High, increasing rental rates 􀂃 Infrastructure needs 􀂃 Deteriorating properties 􀂃 Code enforcement issues Transportation Improvements CLARION /ARLAND /FEHR & PEERS 􀂃 Building on community feedback 􀂃 Technical analysis, staff and consultants 􀂃 Bicycles, pedestrians, vehicles, and transit improvements identified (in ROW) Draft Transportation Plan + CLARION /ARLAND /FEHR & PEERS (Updated…) Envision Wheat Ridge – Comprehensive Plan Update Joint Study Session, July 20, 2009 5 CLARION /ARLAND /FEHR & PEERS Sustainability •Encompassing •Topics: 􀂃 conservation, energy 􀂃 recycling 􀂃 “green building” 􀂃 shopping locally •Task force CLARION /ARLAND /FEHR & PEERS Next Steps… 􀂃Work Products: 􀂃 Refinements to plans, policies • More graphic, user-friendly • Public input • Your ideas 􀂃 Implementation priorities 􀂃 Draft Plan Meetings & Outreach •Summer outreach • 1 more CAC meeting • 1 more public meeting • Study sessions and hearings CLARION /ARLAND /FEHR & PEERS Your Feedback, Confirm Recommendations— Economy and Land Use 1. Priority Locations for Investment, (Re)development 􀀹 Structure Plan and Strategies: Cabela’s, Kipling, Wadsworth, 38th Ave 2. Density and High Quality Design 􀀹 High quality design along corridors, address views. 3. Seek Charter Amendment 4. Ward Road TOD Employment Center 5. Town Center Designation 􀀹 Wadsworth, 38th – 44th with small civic component, not highest priority CLARION /ARLAND /FEHR & PEERS Neighborhoods 6. Neighborhood Revitalization and Planning 􀂃 Strong Neighborhoods: Concern from neighborhoods, criteria to identify/neighborhood planning 􀂃 Neighborhood Revitalization: Criteria to identify areas in need CLARION /ARLAND /FEHR & PEERS Transportation 7. Complete Streets Approach 8. Bicycle/Pedestrian Theme, North-South 􀀹 North/south bike lanes, trail improvements, multi-modal emphasis in the plan CLARION /ARLAND /FEHR & PEERS 9. Sustainability 􀀹 Policies proposed to address, task force 10.Subarea Plans Other Recommendations Envision Wheat Ridge – Comprehensive Plan Update Joint Study Session, July 20, 2009 6 YOUR IDEAS THANK YOU! , . , 4• rar r WhCeity aof t BL-dge .-Y'"OFFICE OF THE Cny MANAGER Memorandum TO: Mayor and City Council THROUGH: Randy Young, City Manager FROM: Patrick Goff, Deputy City Manager~ DATE: July 14,2009 SUBJECT: I-70/Kipling Corridor Conditions Survey and Urban Renewal Plan The Urban Renewal Law of Colorado (§31-25-101 el seq C.R.S.) authorizes the analysis and consideration of factors within the City of Wheat Ridge to determine if blight exists within certain areas of the City. Findings of blight would allow the City to utilize the provisions of the Urban Renewal Law to eliminate and prevent blight and to develop and/or redevelop such areas for the economic and social well being and public health, safety and welfare of the community. The Wheat Ridge Urban Renewal Authority (WRURA) was established by the City Council in 1977 to identify and eliminate blight within the City. On May 12,2008, City Council adopted Resolution 26-2008 authorizing the WRURA and appropriating funds in the amount of$50,000 to conduct a a conditions survey of the entire Kipling Corridor within the boundaries of the City of Wheat Ridge. On August 18, 2008, Matrix Design Group, Inc. in association with Leland Consulting Group was selected from four proposals to conduct the conditions survey. During contract negotiations, staff received direction from the City Manager's Office to extend the scope of services to include a conditions survey of the [-70 Corridor and an urban renewal plan for the future Cabela's site. On September 22, 2008, City Council approved a supplemental budget appropriation in the amount of $77,300 for the change in scope and services and awarded the contract to Matrix Design and Leland Consulting in a not-to-exceed contract amount of $127,300. On March 3, 2009, Matrix Design and Leland Consulting presented the initial findings of the conditions survey and the recommended urban renewal area boundary to the WRURA. Within the entire survey area, ten of the eleven blight factors defined by the Urban Renewal Law were identified as being present. Four of the eleven blight factors is the required minimum in order for an area to be declared blighted. In the event that eminent domain is to be used to acquire property within the urban renewal area, the required minimum is five of the eleven factors. Consensus was reached by the Authority to accept the boundaries for the urban renewal plan as presented. The proposed urban renewal area includes the entire study area which includes the Interstate 70 Corridor between 32nd Avenue and Kipling Street and the Kipling Corridor between Interstate 70 and 26th Avenue. Additionally, the decision was made to draft an urban renewal plan for the entire study area rather than just the future Cabela's location. During the months of April and May 2009, a public involvement program was facilitated with the stakeholders in and around the proposed urban renewal area. Three separate meetings were held to educate the stakeholders on the conditions survey, its objectives, study boundaries, etc. and to obtain input. Over 100 stakeholders participated in these meetings. On July 7, 2009, Leland Consulting presented the proposed 1-70/Kipling Corridors Urban Renewal Plan to the WRURA for discussion. The WRURA approved two resolutions, approving both the conditions survey and the draft urban renewal plan. The next steps will be for to the Planning Commission to determine if the Plan is consistent with the City'S Comprehensive Plan and for the City Council to determine if the documented blight "substantially impairs or arrests Ihe sound growth of the municipality, retards the provision of housing accommodalions, or constilules an economic or social liabilily, and is a menace to the public health, safety, morals, or welfare" and and to approve the proposed Plan. Following is the remaining review and approval schedule: July 20th August 6th August 10th Attachment(s): 6:30 p.m. 7:00 p.m. 7:00 p.m. City Council Study Session with Planning Commission Planning Commission Meeting City Council Public Hearing I. Proposed 1-70/Kipling Corridors Urban Renewal Plan 1-70/Kipling Corridors Urban Renewal Plan Wheat Ridge, Colorado May 2009 Prepared for: Wheat Ridge Urban Renewal Authority Wheat Ridge, Colorado City Council Prepared by: Leland Consulting Group (LCG) 1 1-70/Kipling Corridors Urban Renewal Plan Wheat Ridge, Colorado Table of Contents Section 1.0: 1.1 1.2 1.3 1.4 Section 2.0 Section 3.0 3.1 Section 4.0 Section 5.0 Section 6.0 6.1 6.2 6.3 Section 7.0 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 Introduction Preface Blight Findings Other Findings Urban Renewal Area Boundaries l.4.1 Boundary Map of Urban Renewal Area Definitions Purpose of the Plan Public Participation Qualifying Conditions Relationship to Comprehensive Plan Plan Objectives General Descriptions Development and Design Objectives Public Investment Objectives Authorized Urban Renewal Undertakings and Activities PubHc Improvements and Facilities Other improvements and Facilities Development Opportunities -Catalyst Projects Development Standards Varia tions in the Plan Urban Renewal Plan Review Process Project Financing and Creation of Tax Increment Areas Property Acquisition and Land Assemblage Relocation Assistance Demolition, Clearance, Environmental Remediation, and Site Prep Property Disposition Redevelopment and Rehabilitation Actions Redevelopment /Development Agreements Cooperation Agreements 4 6 10 11 13 14 18 2 1-70/Kipling Corridors Urban Renewal Plan Whent Ridge, Colorado Table of Contents Section 8.0 8.1 8.2 8.3 8.4 Section 9.0 Appflldix Appendix A: Appendix B: AppendixC: Attachment 1: Attachment 2: Project Financing Public Investment Objective Authorization Project Revenues 8.3.1 Tax Increment Financing 8.3.2 Distribution of Tax Revenues Other Financing Mechanisms /Structures Severability Urban Renewal Area Legal Description Urban Renewal Plan Concept Map City of Wheat Ridge Comprehensive Plan, Updated 2000 References 1-70/Kipling Corridors Conditions Survey 1-70/Kipling Corridors Jefferson County Impact Report 26 28 3 1-70/Kipling Corridors Urban Renewal Plan Wheat Ridge, Colorado 1.0 Preface and Background 1.1 Preface This [-70/Kipling Corridors Urban Renewal Plan (the "Plan" or the "Urban Renewal Plan") has been prepared by the Wheat Ridge Urban Renewal Authority (the" Authority") for the City of Wheat Ridge ("City"). It will be carried out by the Authority, pursuant to the provisions of the Urban Renewal Law of the State of Colorado, Part 1 of Article 25 of TitIe 31, Colorado Revised Statutes, 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 area, 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 tile presence of of those conditions of blight, "substantially impairs or arrests tile sound growth of the municipality or constitutes an economic or social liability, and is a menace to tile public health, safety, morals or welfare." 4 The 1-70/Kipling Corridors Conditions SurueJ), prepared by Leland Consulting Group, submitted June 2009, which is attached hereto as Attachment 1 (the "Blight Study"), demonstrates that the 1-70 /Kipling Corridors Area ("Study Area"), as defined in the Blight Study, is a blighted area under the Act. 1.3 Other Findings The Area is appropriate for one or more urban renewal projects and other undertakings authorized by the Act to be advanced by the Authority. Projects could require the demolition and clearance of certain public and private improvements within the Area as provided in this Plan. If this is the case, such actions will be determined to be necessary in order to eliminate unsafe conditions, obsolete and other uses detrimental to the public welfare, and otherwise remove and prevent the spread of deterioration. The Authority has the discretion to create a single or several tax increment areas within a Single urban renewal planning area. In addition, it is at the Authority's discretion whether or not to initiate creation of one or several tax increment areas at the time the Plan is adopted by City Council. Factors that could support creation of a tax increment district include announcement of a specific project or prevailing or impending market and /or economic conditions. Further, the Authority is entitled to all powers authorized in the Act. It is tile intent of the City COlmcii in adopting this Plan that the Authority exercise all powers which are necessary, convenient or appropriate to accomplish the objectives of the Plan. In addition, it is the intent of the Plan that the Authority exercise all such powers as may now be possessed or hereafter granted for the elimination of qualifying conditions in tile Area. 5 The powers conferred by the Act are for public uses and purposes for which pu blic money may be expended and police powers exercised; and, this Plan is in the public interest and necessity -such finding being a matter of legislative determination by the City Council. 1.4 Urban Renewal Area Boundaries The proposed 1-70 /Kipling Corridors Urban Renewal Area (referred to herein as "the Urban Renewal Area" or "the Area") is located within the City of Wheat Ridge and Jefferson County, Colorado as delineated in Figure No.1 and described in the legal description presented in the Appendix. The boundaries of the Area generally include properties roughly following a U-shaped corridor that runs north along Interstate 70 beginning at 32nd Avenue, then east along the Interstate until Kipling Street, and finally south along Kipling Street until 26th Avenue. The survey area contains 486 real property parcels. In terms of land area, the Area consists of approximately 1,174 total acres (including any streets or rights-of-way) of which approximately 860 acres lie within real property parcels. 1.4.1 Figure 1, 1-70/Kipling Corridors Area The Plan Concept Map is presented in Appendix B. 2.0 Definitions In addition to terms previously defined in the text, the following terms are used in this Plan: 6 -I 7 Act -means the Urban Renewal Law of the State of Colorado, Part 1 of Article 25 of Title 31, Colorado Revised Statutes, as amended. Area or Urban Renewal Area -means the 1-70 I Kipling Corridors Urban Renewal Area as depicted in Figure 1 and legally described in tlle Appendix. Authority -means the. W, heat Ridge Urban Renewal Authority . Blight Study -means the 1-70 /Kipling Corridors Conditiorrs Survey, prepared by Matrix Design Group, submitted June 2009, incorporated herein by this reference. City -means the City of Wheat Ridge, a home-rule municipal corporation of the State of Colorado. City Council -means the City Council of the City of Wheat Ridge. City Tax or City Taxes -means, collectively, taxes imposed by the City on certain transactions. Comprehensive Plan -the CillJ of Wheat Ridge Area Comprehensive Plan, Updated 2000 (the "Comprehensive Plan"). Cooperation Agreement -means any agreement between ilie Auiliority and City, one or more Metropolitan Districts, or any public body (the term "public body" being used in this Plan as defined by the Act) respecting action to be taken pursuant to any of the powers set forili 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. 8 CR.S. -means the Colorado Revised Statutes, as amended from time to time. Impact Report -means the 1-70/Kipling Corridors, Jefferson COlmhj Impact Report prepared by Leland Consulting Group, dated July, 2009, attached hereto as Attachment 2 and incorporated herein by this reference. Improvement District -means a special district created to make improvements, typically to public space infrastructure, in a given area. Wheat Ridge Comprehensive Plan -means Cihj of Wheat Ridge Area Comprehensive Pia II, Updated 2000, as such plan has been or may be amended from time to time. Plan or Urban Renewal Plan -means this 1-70/Kipling Corridors Urban Renewal Plan. Property Tax Increment Area -means that portion of the Area designated as a property tax increment area Redevelopment/Development Agreement -means one or more agreements between the Authority and developer(s) and /or property owners or such other individuals or entities as may be determined by the Authority to be necessary or desirable to carry out the purposes of this Plan. Sales Tax -means the municipal sales tax imposed by the City on certain transactions. Sales Tax Increment Area -means any portion of the Area designated as a sales tax increment area. 9 Tax Increment Area -means a portion of the Area designated as a Property Tax and/or Sales Tax lncrement Area. 3.0 Purpose of the Plan The purpose of the 1-70/Kipling Corridors Urban Renewal Plan is to reduce, eliminate and prevent the spread of blight within the Area and to stimulate growth and investment within the Area boundaries. To accomplish this purpose, the Plan promotes local objectives with respect to appropriate land uses, private investment and public improvements, provided that the delineation of such objectives shall not be construed to require that any particular project necessarily promote all such objectives. Specifically, the Plan promotes an environment which allows for a range of uses and product types, as supported by the Cihj of Wileat Ridge Area COlllprehensive Plan, Updated 2000 and any subsequent updates, as well as any other relevant policy documents which leverage the community's investment in public improvement projects in the Area. WIllie the principal goal of this urban renewal effort, as required by the Act, is to afford maximum opportunity consistent with the sound needs of the City of Wheat Ridge as a whole, and to develop and rehabilitate the Area by private enterprise; it is not intended to replace the efforts of area business development entities. 3.1 Public Participation The Plan has been made available to business and property owners located within and adjacent to the Plan boundaries, as well as Wheat Ridge residents atlarge. All stakeholders and residents were also invited to participate in several 10 venues: workshops held between April and May 2009 designed to solicit input on the vision for the Area. In ali, more than 100 individuals participated. In addition, City staff received written comments via e-mail and phone calls. Notification of the public hearing was provided to property owners and owners of business concerns at their last known address of record within the Area as required by the Act. Notice of the public hearing to consider the Plan was published in the Wheat Ridge Transcript. Presentations were also made at public meetings of the City Council and Planning Commission during the summer of 2009 to receive comments and input on the process and Plan documents. As required by the Act, a report outlining the potential impact of the Plan on Jefferson County was prepared and submitted along with the Plan document to the County Commissioners of Jefferson County not less than 30 days before consideration of its approval. 4.0 Qualifying Conditions Before an urban renewal plan can be adopted by the City, the area must be determined to be a "blighted area" as defined in Section 31-25-103(2) of the Act, which provides that, in its present condition and use, the presence of at least four of the following factors in the Area, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare: (a) Slum, deteriorated, or deteriorating structures; (b) Predominance of defective or inadequate street layout; (c) Faulh) lot layout in relation to size, adequaCl), accessibility, or usefulness; (d) Unsanitary or unsafe conditions; 11 (e) Deteriaratiall of sile or alher impravements; (j) Unusual topography or inadequale public impravements or utilities; (g) Defective or unusual conditions of title rendering Ille title nonmarketable; (h) The existence of conditions Ihat endanger life or praperh) by fi re 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) Enviranlllental contalllinatiall of bllildings or property; (k.5) 711e existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physicalunderutilizatian or vacanCl) of sites, buildings, or other impravelllents; or (I) If there is ''10 objectiDrl by the property owner or owners and the tenant or lenallts of such owner or owners, if any, to the inclusion of such property in an urban renewal area, "blighted area" also lIIeans an area that, in its present conditions and use and, by reason of Ille presences of any one of II,e factors specified in paragraphs (a) to (k.5) of Section 31-25-103(2), subslantially illlpairs or arrests the sound growth of Ihe municipalih), relards Ihe pravision of housing accommodations, or callstitutes arl ecanolllic or social liability, and is a lIIenace to the public Ilealth, safeh), 1II0rals, or welfare. The Act also provides that, if private property is to be acquired by the Authority by eminent domain, at least five of the factors specified in Section 31-25-103(2)(a) to (2)(1) must be present. The general methodology for conducting the Blight Study is to: (i) define the Study Area; (ii) gather information about the Study Area, such as right-of-way and parcel boundaries, aerial photography, etc.; (iii) evaluate evidence of blight through field reconnaissance of the Study Area to document observed physical conditions of blight; and, (iv) collect data about blight factors that are not visually observable. 12 Among the 11 qualifying factors identified in the Act, the Blight Study identified the presence of the following nine blight factors in the Study Area: (a) Slum, Deteriorated and Deteriorating Structures (b) Predominance of Defective or Inadequate Street Layout (c) Faulty Lot Layout in Relation to Size, AdequaClJ, or Usefulness (d) UnsanitanJ or Unsafe Conditions (e) Deterioration of Site or Otller Improvements (j) Unusual Topography or Inadequate Public Improvements or Utilities (h) Existence of conditions that endanger life or property by fire and other causes (i) Buildings that are Unsafe or Unhealthy for Persons to Live or Work (k.S) High Levels of Municipal Services or Underutilization or Vacancy of Sites, Buildings, or Other Improvements The condition, (g) of Section 31-25-103(2), defective or unusual conditions of title rendering the title non-marketable, was not investigated. 5.0 Relationship to Comprehensive Plan A general plan for the City, known as the CihJ of Wheat Ridge Area Comprehensive Plan, Plan, was updated in 2000. The Authority, with the cooperation of the City, private enterprise and other public bodies, will undertake projects and activities described in this Plan in order to eliminate the conditions of blight identified herein while implementing the goals and objectives of the City of Wheat Ridge Area Comprehensive Plan, Updated 2000 and all subsequent updates. Specific elements of the City of Wi,e at Ridge Area Comprehensive Plan, Updated 2000 which this Plan advances, are presented in Appendix C of this Plan (and taken verbatim). References from other adopted and accepted documents (Repositioning WI,eat Ridge, Neighborhood Revitalization Strategy; and Wheat Ridge 13 Northwest Sub-Area Plan) that speak to issues within the Urban Renewal Area are also provided. Pursuant to State Statutes, the [-70/Kipling Corridors Urban Renewal Plan was reviewed by the Planning and Zoning Commission on August 6, 2009 and a Resolution was passed indicating that the Plan was consistent with certain Goals, Policies and Strategies contained in the Wheat Ridge Area Comprehensive Plan, Updated 2000 and other City adopted and accepted plans. 6.0 Plan Objectives 6.1 General Description The vision for the Area as defined by stakeholders involved in the process is: Redevelopment of the Urban Renewal Area represents a unique opportunity to create a series of destination that are both region-serving and locally supportive. This Urban Renewal Plan, while not a regulating document, envisions quality materials; notable architecture; strong internal and external connections; and, host environments for public events and cultural venues. New uses and redevelopment of existing uses may be developed in mixed-use and multi-use formats where feasible, and in all architectural sh)le that is regionallyrelevant. Whereas existing neighborhoods will be stabilized, new neigl7borhoods will be co-located with commercial, employment and institutional uses. [mprauements in the physical realm will be consistent and communicate a unified identih) and brand. Connections for vehicles, pedestrians, bicycles and other modes of transportation will be impraued and strengthened. 14 6.2 Development and Design Objectives All development in the Plan Area shall conform to the zoning and development codes of the Wheat Ridge Mtuucipal Code, as well as any site-specific zoning regulations or policies which might impact properties in the Area, all as in effect and as may be amended from time to time. Codes and regulations present at the time of any project application and development will apply. No project within the Urban Renewal Area is vested to previous codes or regulations. While the Act authorizes the Authority to undertake zoning and planning activities to regulate land use, maximum densities, and building requirements in the Area, the City will regulate land use and building requirements. The primary development objective of this Urban Renewal Plan is strategic investment in the public realm that will leverage private sector projects. Potential land uses within the Urban Renewal Area include a range of commercial, employment (industrial and office), residential, institutional, lodging, civic, cultural and parking. Other, more general development objectives include flexibility given changing market conditions; adaptability to a range of uses and product types; and, consistency in building material and development quality. Specific project goals and objectives identified by the stakeholders, in collaboration with impacted property owners, that investment within the Urban Renewal Area should aspire to, include the following: 1. Eliminate and prevent blight 2. Implement elements of the CihJ of Wheat Ridge Comprehensive Plan, Update 2000 related to urban renewal and the vision of this Plan 3. Ensure orderly growth throughout the commtulity 4. Stimulate development of under-utilized land in the Urban Renewal Area 15 5. Increase property values and strengthen the City's economic base 6. Participate in the long-term economic vitality of the City through quality (re) development 7. Enhance Wheat Ridge's identity 8. Preserve existing neighborhoods 9. Expand the City's commercial activities 10. Maintain a fiscaJly-prudent base of industrial uses 11. Encourage growth in primary jobs 12. Promote Wheat Ridge's cultural heritage 13. Reduce sub-standard uses 14. Support stronger code enforcement Land Use 15. Improve relationships between uses in the Urban Renewal Area and surrounding areas 16. Provide uses supportive of and complementary to planned improvements 17. Promote a variety of housing product types to address multiple segments of the populous 18. Advance cultural art programs and capital investments 19. Unify uses and plan components (signage, street furniture, landscaping) 20. Support preservation of historic structures 21. Expand service facilities (police, fire, library, recreation and /or senior) Economic Deve/opme/lt 22. Encourage the continued presence of existing viable businesses 23. Attract regional and national businesses 16 Financial 24. Provide a range of financing mechanisms for private property (re) investment 25. Encourage public-private partnerships 26. Promote economic incentives in order to attract (re) investment Political 27. Facilitate cooperation among government agencies (taxing entities) Architecture 28. Promote "green" development (environmentally sensitive) 29. Raise the quality of building standards in the Urban Renewal Area 30. Encourage higher design standards Physical 31. Improve the public realm 32. Increase the capacity and quality of infrastructure in the Urban Renewal Area 33. Develop and enhance community gateways 34. Maintain /develop public gathering spaces (soft and hard) 35. Preserve the area's natural (and man-made) resources 36. Grow the Gty's multi-modal options (bike routes, trails, pedestrian access, transit) 17 6.3 Public Investment Objectives Existing conditions present within the Area will be remedied by the proposed Plan, but will first need to be identified as a priority public investment item by the Authority, in consultation with the stakeholders. As it is the intent of this Plan that improvements will only be partially funded by tax increment revenues, creation of special districts and/or other financing districts to serve as supplemental funding sources will not only be considered, but encouraged. Experience has proven that a critical component to the success of any urban renewal effort is participation by both the public and private sectors. This said, leveraging of resources will be key as no one entity, either public or private, has sufficient resources alone to sustain a long-term improvement effort. 7.0 Authorized Urban Renewal Undertakings and Activities The Act allows for a wide range of activities to be used in the implementation of an urban renewal plan. In the case of this Plan, it is the Authority's intent to provide incentives to stimulate private investment in cooperation with property owners and other affected parties in order to accomplish its objectives. Publicprivate partnerships and other forms of cooperative development will be key to the Authority's strategy for preventing the spread of blight and eliminating existing blight conditions. Reliance on powers such as eminent domain will only be considered as a final option, as determined by the City Council, to achieve the objectives of this Plan. 7.1 Public Improvements and Facilities The Authority may undertake certain actions to make the Area more attractive for private investment. The Authority may, or cause others to, install, construct, and reconstruct any public improvements. Additionally, the Authority may, or 18 cause others to, demolish and clear buildings and existing improvements for the purpose of promoting the objectives of the Plan and the Act. Finally, the Authority may, or may cause others to, install, construct and reconstruct any other authorized improvements in the Area, including, without limitation, other authorized undertakings or improvements for the purpose of promoting the objectives of this Plan and the Act. Public projects are intended to stimulate (directly and indirectly) private sector investment in and around the Area. The combination of public and private investment will assist in the investment and reinvestment of tl1e Area with a greater intensity and quality of viable commercial, employment, residential and mixed-use sub-areas supported by multiple forms of transportation and public spaces contributing to the overall economic well-being of the community. As described in Section 4.0 of this Plan, ten qualifying conditions of blight, as defined in Section 31-25-103(2) of the Act, are evident in the Area. This Plan proposes addressing each of these conditions through potential completion of the following public improvements and facilities: (a) Slum, Deteriorated and Deteriorating Structures: building improvements including facades, fencing, roof repairs; and, graffiti clean-up; (b) Predominance of Defective or Inadequate Street Layout: completion of incomplete streets and sidewalks; increased road and intersection capacity; roadway repairs; and, stronger connections; (c) Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or Usefulness: (see Predominance of Defective or Inadequate Street Layout); and, assemblage of small, narrow and awkwardly shaped parcels; (d) Unsanitary or Unsafe Conditions: pedestrian improvements; ADA improvements; lighting; bike paths; deferred maintenance items 19 including cracked and buckled sidewalks; and, roadway improvements designed to arrest congestion; (e) Deterioration of Site or Other Improvements: improvements to parking surfaces; curbs and gutters; and, signs and advertisements; (f) Unusual Topography or Inadequate Public Improvements or Utilities: undergrounding of overhead utilities; increasing infrastructure capacity where necessary; and, completion of curbs, gutters and sidewalks; (h) Existence of Conditions that Endanger Life or Property by Fire and Other Causes: sprinkle ring of commercial buildings; and, improved access for emergency vehicles; (i) Buildings That Are Unsafe or Unhealthy for Persons to Live or Work: demolition of substandard structures; OJ Environmental Contamination of Buildings or Property: assistance with site and building environmental clean-up; (k.5) Existence of Factors Requiring High Levels of Municipal Services or Substantial Physical Underutilization or Vacancy of Sites, Buildings or Other Improvements: stronger code enforcement; site assemblage; site prep; and, assistance with post-development leasing strategies. 7.2 Other Improvements and Facilities There could be other non-public improvements in the Area that may be required to accommodate development and redevelopment. The Authority may assist in the financing or construction of these improvements. 7.3 Development Opportunities-Catalyst Projects A key concept associated with implementation of the Plan is targeted investment that will serve to catalyze development throughout the Area and fund future 20 public improvements. The aggregate impact of potential investment within the Area is reflected in the Impact Report in Attachment 2. 7.4 Development Standards All development in the Area shall conform to applicable rules, regulations, policies and other requirements and standards of the City and any other governmental entity which has jurisdiction over all or any portion of the Area. In conformance with the Act and the Plan, the Authority may adopt design standards and other requirements applicable to projects undertaken by the Authority in the Area. Unless otherwise approved by City Council, any such standards and requirements adopted by the Authority shall be consistent with all other City zoning and development policies and regulations. 7.5 Variations in the Plan The Authority may propose, and the City Council may make, such modifications to this Urban Renewal Plan as may be necessary provided they are consistent with the Cihj of Wheat Ridge Comprehensive Plan, Updated 2000 and any subsequent updates, as as well as the Act, or such amendments made in accordance with this Plan and as otherwise contemplated by this Plan. The Authority may, in specific cases, allow non-substantive variations from the provisions of this Plan if it determines that a literal enforcement of the provision would constitute an unreasonable limitation beyond the intent and purpose stated herein. 21 7.6 Urban Renewal Plan Review Process The review process for the Plan is intended to provide a mechanism to allow those parties responsible for implementing key projects to periodically evaluate its effectiveness and make adjusbnents to ensure efficiency in implementing the recommended activities. The following steps are intended to serve as a guide for future Plan review: (a) The Authority may propose modifications (induding expansion of the Plan boundaries), and the City Council may make such modifications as may be necessary provided they are consistent with the CihJ afWheat Ridge Comprehensive Plan, Updated 2000 and any subsequent updates, as well as the Act. (b) Modifications may be developed from suggestions by the Authority, property and business owners, and City staff operating in support of the Authority and advancement of this Plan. (c) A series of jOint workshops may be held by and between the Authority and property and business owners to direct and review the development of Plan modifications. 7.7 Project Financing and Creation of Tax Increment Areas While projects within the Area are planned to be primarily privately financed, it is the intent of the City Council in approving this Urban Renewal Plan to authorize the use of tax increment financing by the Authority to assist with the development of these projects. Urban renewal authorities in Colorado are authorized by statute (C.R.5 31-25-105) to borrow money and accept advances, 22 loans, grants and contributions from public or private sources, and to issue bonds to finance their activities or operations. [n practice, an accepted method for financing urban renewal projects is to utilize incremental property tax and /or municipal sales tax revenues attributable to redevelopment in the project area to pay the principal of, the interest on, and any premiums due in connection with the bonds of, loans or advances to, or indebtedness incurred by the Authority. The boundaries of the Urban Renewal Area shall be as set forth in Appendix A. As more fully set forth herein this Section 7.7, it is the intent of City Council in approving this Plan to authorize the use of tax increment financing by the Authority as part of its efforts to undertake and advance the Plan. 7.8 Property Acquisition and Land Assemblage The Authority may acquire property by negotiation or any other method authorized by the Act, except that any proposal to acquire property under the power of eminent domain must be approved by the City Council in accordance with the Act. The Authority may temporarily operate, manage and maintain property in the Area with the consent of the owner of the property. Such property shall be under the management and control of the Authority and may be rented or leased pending its disposition for redevelopment. 7.9 Relocation Assistance It is not anticipated that acquisition of real property by the Authority will result in the relocation of any individuals, families, or business concerns. However, if such relocation becomes necessary, the Authority will adopt a relocation plan in conformance with the Act. 23 7.10 Demolition, Clearance, Environmental Remediation, and Site Prep [n carrying out this Plan, it is anticipated that the Authority may, on a case-bycase basis, elect to demolish and clear buildings, structures and other improvements. Additionally, development activities consistent with this Plan, including but not limited to Development or Cooperation Agreements, may require such demolition and clearance to eliminate unhealthy, unsanitary, and unsafe conditions, eliminate obsolete and other uses detrimental to the public welfare, and otherwise remove and prevent the spread of deterioration. With respect to property acquired by the Authority, it may demolish and clear, or contract to demolish and clear, those buildings, structures and other improvements pursuant to this Plan, if in the judgment of the Authority, such buildings, structures and other improvements cannot be rehabilitated in accordance with this Plan. The Authority may also undertake such additional site preparation activities as it deems necessary to facilitate the disposition and development of such property. 7.11 Property Disposition The Authority may acquire, sell, lease, or otherwise transfer real property or any interest in real property subject to covenants, conditions and restrictions, including architectural and design controls, time restrictions on development, and building requirements, as it deems necessary to develop such property. Real property or interests in real property may be sold, leased or otherwise transferred for use in accordance with the Act and this Plan. All property and interest in real estate acquired by the Authority in the Area that is not dedicated or transferred to public entities, shall be sold or otherwise disposed of for redevelopment in accordance with the provision of this Plan and the Act. 24 7.12 Redevelopment and Rehabilitation Actions Redevelopment and rehabilitation actions within the Area may include such undertakings and activities as are in accordance with this Plan and the Act, including without limitation: demolition and removal of buildings and improvements as set forth herein; installation, construction and reconstruction of public improvements; elimination of unhealthful, unsanitary or unsafe conditions; elimination of obsolete or other uses detrimental to the public welfare; prevention of the spread of deterioration; and, provision of land for needed public facilities. The Authority may enter into Cooperation Agreements and Redevelopment/Development Agreements to provide assistance or undertake all other actions authorized by the Act or other applicable law to redevelop and rehabilitate the Area. 7.13 Redevelopment /Development Agreements The Authority is authorized to enter into Redevelopment/Develo pment Agreements or other contracts with developer(s) or property owners or such other individuals or entities as are determined by the Authority to be necessary or desirable to carry out the purposes of this Plan. Such Redevelopment/Development Agreements, or other contracts, may contain terms and provisions as shall be deemed necessary or appropriate by the Authority for the purpose of undertaking the activities contemplated by this Plan and the Act, and may further provide for such undertakings by the Authority, including financial assistance, as may be necessary for the achievement of the objectives of this Plan or as may otherwise be authorized by the Act. These Agreements will be separate from this Plan, yet in support of its goals and objectives. Existing agreements between the City and private parties that are consistent with this Plan are intended to remain in full force and effect. 25 7.14 Cooperation Agreements For the purpose of this Plan, the Authority may enter into one or more Cooperation Agreements pursuant to the Act. The City and the Authority recognize the need to cooperate in the implementation of this Plan and, as such, Cooperation Agreements may include, without limitation, agreements regarding the planning or implementation of this Plan and its projects, as well as programs, public works operations, or activities which the Authority, the City or such other public body is otherwise empowered to undertake and including without limitation, agreements respecting the financing, installation, construction and reconstruction of public improvements, utility line relocation, storm water detention, environmental remediation, landscaping and/or other eligible improvements. This paragraph shall not be construed to require any particular form of cooperation. 8.0 Project Financing 8.1 Public Investment Objective It is tile intent of the Plan that tile public sector will playa significant role in urban renewal efforts as a strategic partner. Typical infrastructure investnlents the public would anticipate making include, but are not limited to: unifying streetscape elements (but for specific modifications made on private property); improving access and circulation; improving streets and parks; providing for infrastructure improvements; completing utilities; and, creating special districts or other financing mechanisms. 26 8.2 Authorization The Authority may finance undertakings pursuant to this Plan by any method authorized under the Act or any other applicable law, including without limitation: issuance of notes, bonds and other obligations in an amount sufficient to finance all or part of this Plan; borrowing of funds and crea tion of indebtedness; advancement of reimbursement agreements; and /or utilization of the following: federal or state loans or grants; interest income; annual appropriation agreements; agreements with public or private entities; and loans, advances and grants from any other available sources. The principal, interest, costs and fees on any indebtedness are to be paid for with any lawfully available funds of the Authority. Debt may include bonds, refunding bonds, notes, interim certificates or receipts, temporary bonds, certificates of indebtedness, or any other obligation lawfully created. 8.3 Project Revenues 8.3.1 Tax Increment Financing The Plan contemplates that a primary method of financing projects within the Area will be through the use of property tax and City Sales Tax increments. The Authority shall be authorized to pledge all or any portion of such property tax and City Sales Tax increment revenues for financing public infrastructure that benefits the Area pursuant to one or more Cooperation Agreements. 27 8.3.2 Distribution of Tax Revenues As specified in any amendment to this Plan which creates a new Tax Increment Area as set forth herein, property taxes and/or City Taxes levied after the effective date of the approval of such amendment shall be divided for a period commencing on the date of City Council approval of such amendment and continuing for a period not-to-exceed twenty-five years in accordance with Section 31-25-107(9) of the Act and the terms of any applicable Cooperation Agreement. 8.4 Other Financing Mechanisms /Structures The Plan is designed to provide for the use of tax increment financing as one tool to facilitate investment and reinvestment within the Area. However, in addition to tax increment financing, the Authority shall be authorized to finance implementation of the Plan by any method authorized by the Act. The Authority is committed to making a variety of strategies and mechanisms available which are financial, physical, market and organizational in nature. It is the intent of this Plan to use the tools either independently or in various combinations. Given tlle obstacles associated Witll development, the Authority recognizes that it is imperative that solutions and resources be put in place which are comprehensive, flexible and creative. 9.0 Seve.rability If any portion of this Plan is held to be invalid or unenforceable, such invalidity will not affect the remaining portions of the Plan. 28 1-70/Kipling Corridors Urban Renewal Plan Wheat Ridge, Colorado Appendix A Urban Renewal Area Legal Description 29 INTERSTATE 70 I KIPLING STUDY AREA BOUNDARY DESCRIPTION A PARCEL OF LAND LOCATED IN SECTION 15, 16, 17, 19, 20, 21 , 22, 28, AND 3D, TOWNSHIP 3 SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: NOTE: ALL PARCEL NUMBERS CITED IN THIS DESCRIPTION ARE JEFFERSON COUNTY ASSESSOR PARCEL NUMBERS. BEGINNING AT THE NORTHEAST CORNER OF FOOTHILLS ACADEMY SUBDIVISION, BEING THE SOUTHWEST CORNER OF THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE 70 AND THE WESTERLY RIGHT OF WAY LINE OF MILLER STREET; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE OF MILLER STREET TO THE WESTERLY EXTENSION OF THE SOUTHERLY LINE OF PARCEL ID NO. 39-211 -00-005; THENCE EASTERLY ALONG SAID SOUTHERLY LINE AND ITS WESTERLY EXTENSION TO THE SOUTHWESTERLY LINE OF INTERSTATE 70 FRONTAGE ROAD DESCRIBED IN RECEPTION NO. 84016260; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE TO THE NORTHWEST CORNER OF PARCEL ID NO. 39-211 -00-009; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL ID NO. 39-211-00-009 AND PARCELS ID NO. 39-211-01 -001 , 39-211 -01 -002, 39-211-00-013 AND 39-211 -00-015 TO THE SOUTHWEST CORNER OF SAID PARCEL ID 39-211 -00-015; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL ID 39-211 -00-015 TO THE NORTHWEST CORNER OF BANDIMERE MINOR SUBDIVISION; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID BANDIMERE SUBDIVISION TO THE MOST SOUTHERLY POINT OF BANDIMERE MINOR SUBDIVISION ON THE NORTHERLY LINE OF PARCEL ID NO. 39-211-00-017; THENCE SOUTHWESTERLY ALONG SAID NORTHERLY LINE OF PARCEL ID NO. 39-211 -00-017 TO THE EASTERLY RIGHT OF WAY LINE OF LEE STREET; THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE OF LEE STREET TO THE NORTHERLY RIGHT OF WAY LINE OF WEST 44TH AVENUE; THENCE WESTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF WEST 44TH AVENUE TO THE POINT OF INTERSECTION OF THE NORTHERLY EXTENSION OF THE EASTERLY LINE OF NEWGATE IN WHEAT RIDGE SUBDIVISION; THENCE SOUTHERLY SOUTHERLY AND SOUTHWESTERLY ALONG THE EASTERLY AND SOUTHEASTERLY LINE OF SAID NEWGATE IN WHEAT RIDGE SUBDIVISION TO A POINT OF INTERSECTION WITH THE MOST WESTERLY CORNER OF PARCEL ID NO. 39-214-00-001 ; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL ID NO. 39-214-00-001 TO THE SOUTHEAST CORNER THEREOF ON THE WESTERLY LINE OF KIPLING VENTURES SUBDIVISION; THENCE SOUTHERLY ALONG SAID WESTERLY LINE TO THE SOUTHWEST CORNER OF SAID KIPLING VENTURES SUBDIVISION; THENCE EASTERLY AND SOUTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID KIPLING VENTURES SUBDIVISION TO THE INTERSECTION WITH THE NORTHERLY RIGHT OF WAY LINE OF KIPLING STREET AS DESCRIBED IN BOOK 2148 AT PAGE 663; 30 THENCE WESTERLY, SOUTHERLY AND EASTERLY ALONG THE NORTHERLY, WESTERLY AND SOUTHERLY LINE OF SAID PARCEL IN BOOK 2148 AT PAGE 663 TO THE WESTERLY RIGHT OF WAY LINE OF KIPLING STREET; THENCE SOUTHERLY ALONG THE WESTERLY RIGHT OF WAY LINE OF KIPLING STREET TO THE NORTHEAST CORNER OF PARCEL ID NO. 39-214-00-014; THENCE WESTERLY AND SOUTHERLY ALONG THE NORTHERLY AND WESTERLY LINE OF SAID PARCEL ID NO. 39-214-00-014 TO THE SOUTHWEST CORNER THEREOF, BEING A POINT ON THE NORTHERLY LINE OF GREEN VALLEY SUBDIVISION; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID GREEN VALLEY SUBDIVISION TO THE NORTHEAST CORNER OF LOT 2 OF SAID SUBDIVISION; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOT 2 TO THE SOUTHEAST CORNER THEREOF ON THE NORTHERLY RIGHT OF WAY LINE OF WEST 41 ST AVENUE; THENCE WESTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF 41 ST AVENUE TO THE NORTHERLY EXTENSION OF THE EASTERLY LINE OF THE WEST 15 FEET OF LOT 23, GREEN VALLEY SUBDIVISION; THENCE SOUTHERLY ALONG SAID EASTERLY LINE AND ITS NORTHERLY EXTENSION TO A POINT ON THE SOUTHERLY LINE OF SAID GREEN VALLEY SUBDIVISION; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF GREEN VALLEY SUBDIVISION TO THE NORTHWEST CORNER OF PARCEL 10 39-214-99-001 , BEING ALSO THE NORTHEAST CORNER OF CAMBRIDGE PARK & AMENDED; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL ID NO. 39-214-99-001 AND THE EASTERLY LINE OF CAMBRIDGE PARK & AMENDED TO THE MOST NORTHERLY CORNER OF PARCEL ID NO. 39-214-00-044; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG THE NORTHWESTERLY AND WESTERLY LINE AND THE SOUTHERLY EXTENSION OF SAID WESTERLY LINE OF PARCEL 10 NO. 39-214-00-044 TO THE SOUTHERLY RIGHT OF WAY LINE WEST 38TH AVENUE AND THE NORTHERLY LINE OF ORTON HEIGHTS SUBDIVISION; THENCE EASTERLY AND SOUTHERLY ALONG THE NORTHERLY AND EASTERLY LINE OF ORTON HEIGHTS SUBDIVISION TO THE SOUTHWEST CORNER OF KING STREET DESCRIBED IN BOOK 1579 AT PAGE 296; THENCE EASTERLY AND SOUTHERLY ALONG THE SOUTHERLY AND WESTERLY RIGHT OF WAY LINE OF KING STREET TO THE NORTHERLY RIGHT OF WAY LINE OF WEST 35TH 35TH AVENUE; THENCE EASTERLY ALONG THE SAID NORTHERLY RIGHT OF WAY LINE TO THE WESTERLY RIGHT OF WAY LINE OF KIPLING STREET; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE OF KIPLING STREET TO THE NORTHEAST CORNER OF PARAMOUNT HEIGHTS PART FIVE, BEING THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF WEST 27TH AVENUE AND THE WESTERLY RIGHT OF WAY LINE OF KIPLING STREET; THENCE WESTERLY ALONG THE SOUTHERLY RIGHT OF WAY LINE OF WEST 27TH AVENUE TO THE NORTH LINE OF BLOCK 5, PARAMOUNT HEIGHTS PART FIVE, BEING THE NOTHEAST CORNER OF PARCEL ID NO. 39-284-21-001 ; THENCE WESTERLY ALONG SAID NORTHERLY LINE OF PARCEL ID NO. 39-284-21-001 TO THE EASTERLY RIGHT OF WAY LINE OF PARAMOUNT PARKWAY; 31 THENCE SOUTHERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF PARAMOUNT PARKWAY TO WHEAT RIDGE CITY LIMITS IN WEST 26TH AVENUE; THENCE EASTERLY ALONG SAID WHEAT RIDGE CITY LIMITS TO THE CITY LIMITS ALONG THE EASTERLY RIGHT OF WAY LINE OF KIPLING STREET; THENCE NORTHERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF KIPLING STREET TO THE SOUTHWEST CORNER OF JANET D. MINOR SUBDIVISION FILING NO. 2; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID JANET D. SUBDIVISION FILING NO. 2 TO THE SOUTHEAST CORNER THEREOF; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID JANET D. SUBDIVISION FILING NO. 2 TO THE SOUTHWEST CORNER OF PARCEL ID NO. 39-223-00-008; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL ID NO. 39-223-00-008 AND ITS EASTERLY EXTENSION TO THE EASTERLY RIGHT OF WAY LINE OF JELLISON STREET; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE OF JELLISON STREET TO THE SOUTHWEST CORNER OF PARCEL ID NO. 39-222-00-026; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF PARCELS ID NO. 39-223-00-026 AND 39-223-00-025 025 TO THE SOUTHEAST CORNER OF LAST SAID PARCEL; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL ID NO. 39-222-00-025 TO THE SOUTHWEST CORNER OF PARCEL ID NO. 39-222-00-024; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL ID NO. 39-222-00-024 TO THE SOUTHEAST CORNER THEREOF; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL ID NO. 39-222-00-024 TO THE SOUTHWEST CORNER OF PARCEL ID NO. 39-222-11-001 ; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL ID NO. 39-222-11-001 AND ALONG THE SOUTHERLY LINE OF PARCEL ID NO. 39-222-11-002 TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF IRIS STREET; THENCE EASTERLY TO SOUTHWEST CORNER OF PARCEL ID NO. 39-222-00-023 ON THE EASTERLY RIGHT OF WAY LINE OF IRIS STREET; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF PARCELS ID NO. 39-222-00-023 AND 39-222-00-044 TO THE SOUTHEAST CORNER OF LAST SAID PARCEL; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL ID NO. 39-222-00-044 AND ITS NORTHERLY EXTENSION TO THE NORTHERLY RIGHT OF WAY LINE OF WEST 44TH AVENUE; THENCE WESTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF WEST 44TH AVENUE TO THE WESTERLY RIGHT OF WAY LINE OF INDEPENDENCE STREET; THENCE NORTHERLY ALONG THE WESTERLY RIGHT OF WAY LINE OF INDEPENDENCE STREET TO THE SOUTHEAST CORNER OF PARCEL ID NO. 39-222-09-008; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL ID NO. 39-222-09-008 TO THE SOUTHWEST CORNER THEREOF; 32 THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID PARCELS ID NO. 39-222-09-008, 39-222-09-024 AND 39-222-09-009 TO THE NORTHWEST CORNER OF LAST SAID PARCEL; THENCE EASTERLY ALONG THE NORTHERLY LINE OF PARCEL ID NO. 39-222-09-009 TO THE SOUTHWEST CORNER OF PARCEL ID NO. 39-222-09-010; THENCE NORTHERLY ALONG THE WESTERLY LINE OF PARCELS IN NO. 39-222-09-010, 39-222-09-011, AND 39-222-09-012 TO THE NORTHWEST CORNER OF SAID LAST PARCEL, BEING A POINT ON THE SOUTHERLY LINE OF PARCEL ID NO. 39-222-00-012; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL ID NO. 39-222-00-012 TO THE SOUTHWEST CORNER THEREOF; THENCE NORTHERLY AND EASTERLY ALONG THE WESTERLY AND NORTHERLY LINE OF SAID PARCEL ID NO. 39-222-00-012 TO THE NORTHWEST CORNER THEREOF ON THE WESTERLY RIGHT OF WAY LINE OF INDEPENDENCE STREET; THENCE NORTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE OF INDEPENDENCE STREET TO A POINT ON THE SOUTHERLY LINE OF PARCEL ID NO. 39-222-00-011; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF PARCELS 39-222-00-011, 39-222-00-010 AND 39-222-00-009 TO THE SOUTHWEST CORNER OF SAID LAST PARCEL; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL ID NO. 39-222-00-009 TO THE NORTHWEST CORNER THEREOF; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID PARCELS ID NO. 39-222-00-009, 39-222-00-010 AND 39-222-00-011 TO THE WESTERLY RIGHT OF WAY LINE OF INDEPENDENCE STREET; THENCE NORTHERLY ALONG THE WESTERLY RIGHT OF WAY LINE OF INDEPENDENCE STREET TO THE SOUTHEAST CORNER OF DAVIS MINOR SUBDIVISION; THENCE EASTERLY ALONG THE EASTERLY EXTENSION OF THE SOUTHERLY LINE OF SAID DAVIS MINOR SUBDIVISION TO THE EASTERLY RIGHT OF WAY LINE OF INDEPENDENCE STREET; THENCE NORTHERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF INDEPENDENCE STREET TO THE MOST NORTHERLY CORNER OF ADP SUBDIVISION ON THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE 70; THENCE SOUTHEASTERLY ALONG THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE 70 TO THE EASTERLY RIGHT OF WAY LINE OF HOLLAND STREET; THENCE EASTERLY ALONG THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE 70 TO THE EASTERLY RIGHT OF WAY LINE OF GARRISON STREET; THENCE NORTHERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF GARRISON STREET EXTENDED NORTHERLY TO THE NORTHERLY RIGHT OF WAY LINE OF WEST 49TH AVENUE; THENCE WESTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF WEST 49TH AVENUE TO THE EASTERLY RIGHT OF WAY LINE OF INDEPENDENCE STREET; THENCE NORTHERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF INDEPENDENCE STREET TO THE SOUTHERLY RIGHT OF WAY LINE OF WEST 50TH AVENUE, BEING THE SOUTHERLY LINE OF PARCEL ID NO. 39-153-00-014; THENCE SOUTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL ID NO. 39-153-00-014 TO THE SOUTHWEST CORNER THEREOF; 33 THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAIO PARCEL 10 NO. 39-153-00-014 TO THE NORTHWEST CORNER THEREOF; THENCE NORTHEASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL 10 NO. 39-153-00-014 TO A POINT ON WHEAT RIOGE CITY LIMITS ON THE EASTERLY RIGHT OF WAY LINE OF INDEPENOENCE STREET; THENCE NORTHERLY ALONG SAID WHEAT RIDGE CITY LIMITS ON THE EASTERLY RIGHT OF WAY LINE OF INDEPENDENCE STREET TO THE WHEAT RIDGE CITY LIMITS IN WEST 51ST PLACE; THENCE WESTERLY ALONG SAID WHEAT RIDGE CITY LIMITS IN WEST 51 ST PLACE TO THE WESTERLY RIGHT OF WAY LINE OF KIPLING STREET; THENCE SOUTHERLY ALONG SAIO WHEAT RIDGE CITY LIMITS AND THE WESTERLY RIGHT OF WAY LINE OF KIPLING STREET TO THE NORTHERLY RIGHT OF WAY LINE OF WEST 50TH AVENUE; THENCE SOUTHWESTERLY ALONG SAIO WHEAT RIDGE CITY LIMITS AND THE NORTHERLY RIGHT OF WAY LINE OF WEST 50TH AVENUE TO THE EASTERLY RIGHT OF WAY LINE OF MILLER STREET; THENCE NORTHERLY ALONG SAID WHEAT RIDGE CITY LIMITS AND THE EASTERLY RIGHT OF WAY LINE OF MILLER STREET TO THE SOUTHERLY RIGHT OF WAY LINE OF THE COLORADO ANO SOUTHERN RAILROAD; THENCE SOUTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID RAILROAD RIGHT OF WAY LINE TO THE NORTHEAST CORNER OF PARCEL 10 NO. 39-164-00-002; THENCE NORTHERLY TO THE SOUTHEAST CORNER OF PARCEL 10 NO. 39-164-00-003 ON THE NORTHERLY RIGHT OF WAY LINE OF RIDGE ROAO; THENCE SOUTHWESTERLY, DEPARTING SAID WHEAT RIDGE CITY LIMITS, ALONG THE NORTHERLY RIGHT OF WAY LINE OF RIDGE ROAD AND THE SOUTHERLY LINE OF PARCEL 10 NO. 39-161 -00-003 TO THE SOUTHEAST CORNER OF PARCEL 10 NO. 39-161-00-007; THENCE NORTHERLY, WESTERLY AND SOUTHERLY ALONG THE EASTERLY, NORTHERLY AND WESTERLY LINE OF SAID PARCEL 39-164-00-007 TO THE SOUTHWEST CORNER THEREOF ON THE NORTHERLY RIGHT OF WAY LINE OF RIDGE ROAD; THENCE SOUTHWESTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF RIDGE ROAD TO THE EASTERLY LINE OF PARCEL 10 NO. 39-163-00-002; THENCE SOUTHERLY ALONG SAID EASTERLY LINE OF PARCEL 10 NO. 39-163-00-002 TO THE SOUTHEAST CORNER THEREOF, SAID POINT BEING ON THE NORTHERLY RIGHT OF WAY LINE OF OF RIDGE ROAD; THENCE SOUTHWESTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF RIDGE ROAD TO WHEAT RIDGE CITY LIMITS AND THE WESTERLY RIGHT OF WAY LINE OF QUAIL STREET; THENCE SOUTHERLY ALONG WHEAT RIDGE CITY LIMITS TO THE NORTHEAST CORNER OF PARCEL 10 NO. 39-163-00-025; THENCE CONTINUE SOUTHERLY ALONG WHEAT RIDGE CITY LIMITS AND THE EASTERLY LINE OF SAID PARCEL 10 NO. 39-163-00-025 TO THE SOUTHEAST CORNER THEREOF ON THE NORTHERLY RIGHT OF WAY LINE OF WEST 50TH AVENUE; 34 THENCE WESTERLY ALONG WHEAT RIDGE CITY LIMITS AND THE SOUTHERLY LINE OF SAID PARCEL ID NO. 39-163-00-025 TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE NORTHERLY ALONG WHEAT RIDGE CITY LIMITS AND THE WESTERLY LINE OF SAID PARCEL ID NO. 39-163-00-025 TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE CONTINUE NORTHERLY ALONG SAID WHEAT RIDGE CITY LIMITS TO THE NORTHERLY RIGHT OF WAY LINE OF WEST 51 sT PLACE, BEING THE SOUTHEAST CORNER OF PARCEL ID NO. 39-174-01-006; THENCE SOUTHWESTERLY ALONG SAID NORTHERLY RIGHT OF WAY OF WEST 51 sT AVENUE TO THE SOUTHEAST CORNER OF LOT 8, HANCE'S SUBDIVISION AND THE WESTERLY RIGHT OF WAY LINE OF TABOR STREET; THENCE NORTHERLY ALONG THE WESTERLY RIGHT OF WAY LINE OF TABOR STREET AND ITS NORTHERLY EXTENSION TO WHEAT RIDGE CITY LIMITS WITHIN WEST 52NO AVENUE; THENCE WESTERLY ALONG WHEAT RIDGE CITY LIMITS IN WEST 52NO AVENUE TO AN ANGLE POINT IN WHEAT RIDGE CITY LIMITS IN THE INTERSECTION OF WEST 52NO AVENUE AND WARD ROAD; THENCE SOUTHERLY ALONG WHEAT RIDGE CITY LIMITS AND ITS SOUTHERLY EXTENSION IN WARD ROAD TO THE NORTHEASTERLY EXTENSION OF THE SOUTHERLY LINE OF LOT 2, KAISER PERMANENTE SUBDIVISION FILING NO. 3 -CORRECTION PLAT; THENCE SOUTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 2 AND IT'S NORTHEASTERLY EXTENSION TO A POINT ON WHEAT RIDGE CITY LIMITS AND THE NORTHWEST CORNER OF PARCEL ID NO. 39-202-00-004; THENCE SOUTHERLY ALONG WHEAT RIDGE CITY LIMITS AND THE WESTERLY LINE OF PARCELS ID NO. 39-202-00-004, 39-202-00-003 AND 39-202-00-007 TO THE SOUTHWEST CORNER OF LAST SAID PARCEL ON THE NORTHERLY RIGHT OF WAY LINE OF INTERSTATE 70; THENCE SOUTHWESTERLY ALONG WHEAT RIDGE CITY LIMITS AND THE NORTHERLY RIGHT OF WAY LINE OF INTERSTATE 70 AND THE SOUTHERLY LINE OF PARCELS ID NO. 39-202-00-001 AND 39-202-00-036 TO THE SOUTHWEST CORNER OF LAST SAID PARCEL, ALSO BEING THE NORTHWEST CORNER OF THE STATE HIGHWAY PARCEL DESCRIBED IN BOOK 1876 AT PAGE 165; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF INTESTATE 70 THE FOLLOWING FOUR (4) COURSES: 1. THENCE SOUTHERLY ALONG THE WESTERLY LINE OF STATE HIGHWAY PARCELS DESCRIBED IN BOOK 1876 AT PAGE 165 AND BOOK 900 AT PAGE 478 TO THE NORTHEAST CORNER OF THAT STATE HIGHWAY PARCEL DESCRIBED IN BOOK 720 AT PAGE 231 ; 2. THENCE SOUTHWESTERLY AND SOUTHERLY ALONG THE NORTHERLY AND WESTERLY LINE OF SAID PARCEL IN BOOK 720 AT PAGE 231 TO A POINT ON THE NORTHERLY LINE OF THAT STATE HIGHWAY PARCEL DESCRIBED IN BOOK 1859 AT PAGE 72; 3. THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID PARCEL IN BOOK 1859 AT PAGE 72 TO THE MOST WESTERLY CORNER THEREOF; 4. THENCE WESTERLY ALONG THE NORTHERLY LINE OF THAT STATE HIGHWAY DEPARTMENT PARCEL DESCRIBED IN BOOK 2163 AT PAGE 160 TO THE NORTHEAST CORNER OF THAT STATE HIGHWAY PARCEL FOR STATE HIGHWAY NO. 58 DESCRIBED IN BOOK 1895 AT PAGE 55; 35 THENCE WESTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY NO. 58 AS DESCRIBED IN BOOK 1895 AT PAGE 55 AND BOOK 2177 AT PAGE 367 AND BOOK 2116 AT PAGE 106 TO THE PROPOSED MOST WESTERLY LINE OF WHEAT RIDGE CITY LIMITS AS SHOWN ON THE ANNEXATION MAP #3 -COORS CLEAR CREEK; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID ANNEXATION MAP #3 TO THE SOUTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY NO. 58 AS DESCRIBED IN BOOK 2227 AT PAGE 527; THENCE NORTHEASTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY NO. 58 TO THE NORTHWEST CORNER OF THAT STATE HIGHWAY PARCEL DESCRIBED IN RECEPTION NO. 2008011087; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL IN RECEPTION NO. 2008011087 AND PARCEL ID NO. 39-193-00-009 TO THE SOUTHWESTERLY CORNER OF LAST SAID PARCEL; THENCE EASTERLY ALONG EXISTING WHEAT RIDGE CITY LIMITS AND THE SOUTHERLY LINE OF SAID PARCEL ID NO. 39-193-00-009 TO THE SOUTHEAST CORNER THEREOF ON THE WESTERLY LINE OF LOT 9, CABELA'S I COORS SUBDIVISION FILING NO.2; THENCE SOUTHERLY ALONG WHEAT RIDGE CITY LIMITS AND THE WESTERLY LINE OF SAID LOT 9 TO THE SOUTHWEST CORNER THEREOF; THENCE EASTERLY ALONG WHEAT RIDGE CITY LIMITS AND THE SOUTHERLY LINE OF SAID LOT 9 TO THE NORTHWEST CORNER OF LOT 9A, CABELA'S I COORS SUBDIVISION FILING NO. 2; THENCE SOUTHERLY ALONG WHEAT RIDGE CITY LIMITS AND THE WESTERLY LINE OF SAID LOT 9A TO THE SOUTHWEST CORNER THEREOF; THENCE EASTERLY ALONG WHEAT RIDGE CITY LIMITS AND THE SOUTHERLY LINE OF SAID LOT 9A TO THE SOUTHEAST CORNER THEREOF ON THE WESTERLY LINE OF LOT 8, CABELA'S I COORS SUBDIVISION FILING NO. 1, AMENDED; THENCE SOUTHERLY ALONG WHEAT RIDGE CITY LIMITS AND THE WESTERLY LINE OF SAID LOT 8 TO THE SOUTHWEST CORNER THEREOF; THENCE EASTERLY, DEPARTING SAID WHEAT RIDGE CITY LIMITS, ALONG THE SOUTHERLY LINE OF SAID LOT 8 TO THE SOUTHEAST CORNER THEREOF ON THE WESTERLY LINE OF LOT 6, CABELA'S I COORS SUBDIVISION FILING NO.1 , AMENDED; THENCE SOUTHEASTERLY ALONG A CURVE ON SAID LOT 6 TO THE END OF SAID CURVE; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 6 TO THE SOUTHWEST CORNER THEREOF ON WHEAT RIDGE CITY LIMITS; THENCE EASTERLY ALONG WHEAT RIDGE CITY LIMITS AND THE SOUTHERLY LINE OF SAID LOT 6 TO THE NORTHWEST CORNER OF LOT 5 OF SAID CABELA'S I COORS SUBDIVISION FILING NO. 1, AMENDED; THENCE SOUTHERLY ALONG WHEAT RIDGE CITY LIMITS AND THE WESTERLY LINE OF SAID LOT 5 TO THE SOUTHWEST CORNER THEREOF; THENCE EASTERLY ALONG WHEAT RIDGE CITY LIMITS AND THE SOUTHERLY LINE OF SAID LOT 5 TO THE NORTHWEST CORNER OF LOT 1, BLOCK 2, 70 WEST BUSINESS CENTER SUBDIVISION FILING NO. 3; 36 THENCE SOUTHERLY ALONG WHEAT RIDGE CITY LIMITS AND THE WESTERLY LINE OF SAID LOT 1, BLOCK 2, 70 WEST BUSINESS CENTER SUBDIVISION FILING NO. 3 TO THE SOUTHWEST CORNER THEREOF; THENCE EASTERLY ALONG WHEAT RIDGE CITY LIMITS AND THE SOUTHERLY LINE OF SAID LOT 1, BLOCK 2, 70 WEST BUSINESS CENTER SUBDIVISION FILING NO. 3 TO THE NORTHWEST CORNER OF LOT 5, 70 WEST BUSINESS CENTER; THENCE SOUTHERLY ALONG WHEAT RIDGE CITY LIMITS AND THE WESTERLY LINE OF SAID LOT 5, 70 WEST BUSINESS CENTER TO THE SOUTHWEST CORNER THEREOF; THENCE EASTERLY ALONG WHEAT RIDGE CITY LIMITS AND THE SOUTHERLY LINE OF SAID LOT 5, 70 WEST BUSINESS CENTER TO THE SOUTHEAST CORNER THEREOF AND THE WESTERLY LINE OF SAID LOT 1, BLOCK 2, 70 WEST BUSINESS CENTER SUBDIVISION FILING NO. 3; THENCE SOUTHERLY ALONG WHEAT RIDGE CITY LIMITS AND THE WESTERLY LINE OF LOTS 1 AND 2, BLOCK 2 AND TRACT A, 70 WEST BUSINESS CENTER SUBDIVISION FILING NO. 3 TO THE NORTHEAST CORNER OF LOT 3, BLOCK 2, 70 WEST BUSINESS CENTER SUBDIVISION FILING NO. 3' THENCE WESTERLY ALONG WHEAT RIDGE CITY LIMITS AND THE NORTHERLY LINE OF SAID LOT 3, BLOCK 2, 70 WEST BUSINESS CENTER SUBDIVISION FILING NO. 3 TO THE NORTHWEST CORNER THEREOF ON THE EASTERLY RIGHT OF WAY LINE OF ZINNIA COURT; THENCE SOUTHERLY ALONG WHEAT RIDGE CITY LIMITS AND THE EASTERLY RIGHT OF WAY LINE OF ZINNIA COURT AND ITS SOUTHERLY EXTENSION TO THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6~ PRINCIPAL MERIDIAN WITHIN THE RIGHT OF WAY FOR WEST 32NO AVENUE; THENCE EASTERLY ALONG SAID SOUTH LINE OF THE NORTHWEST ONE-QUARTER WITHIN THE RIGHT OF WAY OF WEST 32NO AVENUE TO THE SOUTHERLY EXTENSION OF THE WESTERLY LINE OF PARCEL ID NO. 39-292-00-014; THENCE NORTHERLY, DEPARTING SAID SOUTH LINE OF THE NORTHWEST ONE-QUARTER, ALONG THE SOUTHERLY EXTENSION OF THE WESTERLY LINE OF SAID PARCEL ID NO. 39-292-00-014 TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL ID NO. 39-292-00-014 TO THE MOST EASTERLY CORNER THEREOF; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF SAID PARCEL ID NO. 39-292-00-014 TO THE MOST NORTHERLY CORNER THEREOF ON THE WESTERLY LINE OF PARCEL ID NO. 39-292-11-016; THENCE NORTHERLY ALONG SAID WESTERLY LINE OF PARCEL ID NO. 39-292-11-016 TO THE NORTHWEST CORNER THEREOF ON THE SOUTHERLY LINE OF LOT 15, BLOCK 1, APPLEWOOD VILLAGE; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 15, BLOCK 1, APPLEWOOD VILLAGE TO THE SOUTHWEST CORNER THEREOF ON THE SOUTHEASTERLY LINE OF LOT 14, BLOCK 1, APPLEWOOD VILLAGE; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 14, BLOCK 1, APPLEWOOD VILLAGE TO THE MOST SOUTHERLY CORNER THEREOF; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF LOTS 11 THROUGH 14, BLOCK 1, APPLEWOOD VILLAGE, TO THE SOUTHWEST CORNER OF SAID LOT 11 ON THE EASTERLY LINE OF LOT 2, APPLEWOOD VILLAGE SHOPPING CENTER SUBDIVISION; 37 THENCE NORTHERLY ALONG THE EASTERLY LINE OF LOTS 1 AND 2, APPLEWOOD VILLAGE SHOPPING CENTER SUBDIVISION TO THE MOST NORTHERLY CORNER OF SAID LOT 1 ON THE SOUTHERLY RIGHT OF WAY LINE OF WEST 38TH AVENUE; THENCE SOUTHWESTERLY ALONG THE SOUTHERLY RIGHT OF WAY LINE OF WEST 38TH AVENUE AND THE NORTHERLY LINE OF LOT 1, APPLEWOOD VILLAGE SHOPPING CENTER SUBDIVISION TO THE SOUTHERLY EXTENSION OF THE WESTERLY RIGHT OF WAY LINE OF WEST 38TH DRIVE; THENCE NORTHERLY AND NORTHEASTERLY ALONG THE WESTERLY RIGHT OF WAY LINE OF WEST 38TH DRIVE AND ITS SOUTHERLY EXTENSION TO THE MOST EASTERLY CORNER OF TRACT C, RIDGE SUBDIVISION; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF SAID TRACT C TO THE MOST NORTHERLY CORNER OF SAID TRACT C ON THE SOUTHERLY LINE OF LOT 1, YOUNGFIELD PlAZA; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 1, YOUNG FIELD PlAZA TO THE SOUTHEAST CORNER THEREOF; THENCE NORTHERLY ALONG THE EASTERLY LINE OF YOUNGFIELD PLAZA TO THE NORTHEAST CORNER THEREOF; THENCE NORTHEASTERLY ALONG THE NORTHEASTERLY EXTENSION OF THE NORTHWESTERLY LINE OF SAID YOUNGFIELD PLAZA TO A POINT OF INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE EASTERLY LINE OF ROCK SUBDIVISION FILING NO. 1; THENCE NORTHERLY ALONG THE EASTERLY LINE OF ROCK SUBDIVISION FILING NO.1 AND ITS SOUTHERLY EXTENSION TO THE NORTHEAST CORNER THEREOF, BEING THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF WEST 42NO AVENUE AND THE EASTERLY RIGHT OF WAY LI NE OF XENON STREET; THENCE NORTHERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF XENON STREET TO THE EASTERLY EXTENSION OF THE NORTHERLY LINE OF PARCEL 10 NO. 39-202-00-025; THENCE WESTERLY ALONG SAID NORTHERLY LINE OF PARCEL 10 NO. 39-202-00-025 AND ITS EASTERLY EXTENSION TO THE NORTHWEST CORNER THEREOF; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF PARCELS 10 NO. 39-202-00-025 AND 39-202-00-026 TO THE SOUTHWEST CORNER OF SAID LAST PARCEL; THENCE SOUTHERLY TO THE NORTHWEST CORNER OF PARCEL 10 NO. 39-202-00-028; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF PARCEL 10 NO. 39-202-00-028 TO THE SOUTHWEST CORNER THEREOF; THENCE WESTERLY ON THE SOUTHERLY LINE OF PARCEL 10 NO. 39-202-00-027 TO THE SOUTHWEST CORNER THEREOF ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE 701 YOUNGFIELD STREET AS DESCRIBED IN BOOK 1895 AT PAGE 44; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE 70 1 YOUNGFIELD STREET TWO COURSES TO THE SOUTHEAST CORNER OF THE STATE HIGHWAY PARCEL DESCRIBED IN RECEPTION NO. 86104746 ON THE WESTERLY RIGHT OF WAY LINE OF XENON STREET; 38 THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL IN RECEPTION NO. 86104746 TO THE NORTHEAST CORNER THEREOF; THENCE NORTHEASTERLY TO THE SOUTHEAST CORNER OF THE STATE HIGHWAY PARCEL DESCRIBED IN BOOK 1989 AT PAGE 207; THENCE NORTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL IN BOOK 1989 AT PAGE 207 TO A POINT ON THE SOUTHERLY LINE OF PARCEL ID NO. 39-202-00-009; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL 39-202-00-009 TO THE MOST WESTERLY CORNER OF SAID PARCEL ON THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE 70; THENCE NORTHEASTERLY ALONG THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE 70 AND ALONG THE NORTHWESTERLY LINE OF PARCELS ID NO. 39-202-00-009 AND 39-202-00-008 TO THE MOST NORTHERLY CORNER OF SAID LAST PARCEL; THENCE NORTHEASTERLY TO THE NORTHWEST CORNER OF PUBLIC STORAGE AMENDED 1 SUBDIVISION; THENCE NORTHEASTERLY ALONG THE SOUTHWESTERLY RIGHT OF LINE OF INTERSTATE 70 ALONG THE NORTHWESTERLY LINE OF SAID PUBLIC STORAGE AMENDED 1 TO THE MOST NORTHERLY CORNER OF SAID PUBLIC STORAGE AMENDED 1; THENCE NORTHEASTERLY TO THE NORTHWESTERLY CORNER OF PARCEL ID NO. 39-201 -05-009 ON THE SOUTHERLY RIGHT OF WAY LINE INTERSTATE 70; THENCE NORTHEASTERLY ALONG THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE 70 AND THE NORTHWESTERLY LINE OF SAID PARCEL ID NO. 39-201 -05-009 TO THE NORTHEAST CORNER THEREOF; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL ID NO. 39-201-05-009 TO THE NORTHWEST CORNER OF PARCEL ID NO. 39-201-05-014 ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE 70; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE 70 ALONG THE NORTHWESTERLY LINE OF PARCEL ID NO. 39-201 -05-014 TO THE NORTHEAST CORNER THEREOF ON THE WESTERLY RIGHT OF WAY LINE OF TABOR STREET; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE 70 TO THE NORTHWEST CORNER OF PARCEL ID NO. 39-201-03-001 ON THE EASTERLY RIGHT OF WAY LINE OF TABOR STREET; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE 70 ALONG THE NORTHWESTERLY LINE OF PARCEL ID NO. 39-201-03-001 TO THE NORTHEAST CORNER THEREOF ON THE WESTERLY RIGHTOF WAY LINE OF SWADLEY STREET; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE 70 TO THE NORTHWEST CORNER OF PARCEL ID NO. 39-201 -02-017 ON THE EASTERLY RIGHT OF WAY LINE OF SWADLEY STREET; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE 70 ALONG THE NORTHWESTERLY LINE OF PARCELS ID NO. 39-201 -02-017 AND 39-201-02-001 TO THE NORTHEAST CORNER OF LAST SAID PARCEL ON THE WESTERLY RIGHT OF WAY LINE OF SIMMS STREET; 39 THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE 70 TO THE NORTHWEST CORNER OF PARCEL ID NO. 39-212-05-025 ON THE EASTERLY RIGHT OF WAY LINE OF SIMMS STREET; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE 70 ALONG THE NORTHWESTERLY LINE OF PARCELS ID NO. 39-212-05-025 AND 39-212-05-024 TO THE NORTHEAST CORNER OF LAST SAID PARCEL ON THE WESTERLY RIGHT OF WAY LINE OF ROUTT STREET; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE 70 TO THE NORTHWEST CORNER OF PARCEL ID NO. 39-212-05-009 ON THE EASTERLY RIGHT OF WAY LINE OF ROUTT STREET; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE 70 ALONG THE NORTHWESTERLY LINE OF PARCELS ID NO. 39-212-05-009 AND 39-212-05-008 TO THE NORTHEAST CORNER OF LAST SAID PARCEL ON THE WESTERLY RIGHT OF WAY LINE OF ROBB STREET; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE 70 TO THE NORTHWEST CORNER OF PARCEL ID NO. 39-212-00-004 ON THE EASTERLY RIGHT OF WAY LINE OF ROBB STREET; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE 70 ALONG THE NORTHWESTERLY LINE OF PARCELS ID NO. 39-212-00-004 AND 39-212-00-003 TO THE NORTHEAST CORNER OF LAST SAID PARCEL ON THE WESTERLY RIGHT OF WAY LINE OF PARFET STREET; THENCE EASTERLY ALONG THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE 70 TO THE NORTHWEST CORNER OF PARCEL ID NO. 39-212-00-002 ON THE EASTERLY RIGHT OF WAY LINE OF PARFET STREET; THENCE EASTERLY ALONG THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE 70 ALONG THE NORTHERLY LINE OF PARCELS ID NO. 39-212-00-002, 39-212-00-001 , 39-211-03-006, 39-211-03-005, 39-211 -03-004, 39-211-03-003, 39-211 -03-002, 39-211 -03-001 , 39-211-99-001 , AND 39-211 -02-002 TO THE NORTHEAST CORNER OF LAST SAID PARCEL ON THE WESTERLY RIGHT OF WAY LINE OF MILLER STREET AND THE POINT OF BEGINNING. 40 1-70/Kipling Corridors Urban Renewal Plan Wheat Ridge, Colorado Appendix B Urban Renewal Plan Concept Map 41 I -rn " , /-, i 1-1-h l J --I I I J u_ J ,.' .' ..: II f I ~ , ,f , , I I 42 1-70/Kipling Corridors Urban Renewal Plan Wheat Ridge, Colorado Appendix C City of Wheat Ridge Comprehensive Plan, Updated 2000 -References .. 43 WHEAT RIDGE COMPREHENSIVE PLAN FUTURE LAND USE: GOALS AND POLICIES 2. Goal: Promote neighborhood planning by recognizing the unique character of each neighborhood, while acknowledging their collective contribution to the community as a whole. Policies: 2.1 Revise the current definitions of residential densities to ensure that the allowable densities are in keeping with the existing character and unit density desired in each neighborhood. 2.3 New development or redevelopment shall not adversely impact surrounding residential areas and the City of Wheat Ridge as a whole. This shall apply to all development and be measured by proving the following: 1. The development does not substantially increase traffic generation from the site by employing community design principles to reduce vehicle miles traveled (VMT). This includes traffic calming measures, accessible site design, development of pedestrian friendly environments, compatible infill development, provision of transit or other alternative modes of transportation; 3. Goal: New development or redevelopment shall be so designed as to be a positive contribution to the entire community and compatible with surrounding uses. Policies: 3.5 The compatibility and gross density of any new development or redevelopment site shall complement existing development by transitioning between different land uses through: • Proper site design. • Establishing pedestrian connections between parcels. • Demonstrating smooth and coherent vehicle movements and minimizing impacts of traffic on adjacent residential areas. • • Siting buildings to maintain public view corridors to the mountains and to natural amenities and open space. Providing effective buffers and landscaping between different land uses. 44 4. Goal: Provide conveniently located and attractive commercial, office and service uses that meet the needs of the City and are compatible yet well buffered from surrounding areas. Policies: 4.1 Designate underutilized commercial parcels as village centers. Village centers are characterized as a site which combines a mix of uses -commercial, office and service uses that serve adjacent neighborhoods. 4.2 Provide incentives for businesses to relocate in village activity centers and upgrade existing commercial areas. 4.3 The City of Wheat Ridge shall amend its current zoning ordinance to encourage new commercial development or redevelopment to meet five basic standards. These are: • • • • All retail commercial and office developments shall have an attached sidewalk. An inviting street level storefront with places to gather. Locating parking behind, below grade, to the side of the building, or in a below grade parking structure while ensuring safety for users in obscured parking areas. 5tructilres which front on a major street shall provide an attached sidewalk, landscaped area and streetscape treatment. • Architectural details, treatment and materials shall be consistent on all four sides of the building. 5. Goal: Within the City of Wheat Ridge, limit the total amount of land designated for industrial uses and require industrial uses to be located in areas north of 1-70 or areas that meet the criteria contained in the following policies. Policies: 5.1 Allow light industrial uses only within unified, well-plmmed mld approved industrial parks. 8. Goal: Any new or redeveloped commercial site, whether public or private, shall respect or incorporate as appropriate any adjacent civic investment be it a park, recreational facility or civic amenity. Policies: 8.1 Any commercial site that is adjacent to designated parks or open space shall be required to provide a substantial buffer zone. 50 that adverse effects on highly valued parks and 45 open space are minimized, the buffer zone shall be kept free of buildillgs, structures, and parking areas and must be screened or protected by natural features and landscaped to blend with adjacent park land. 9. Goal: Any development or redevelopment site, whether public or private, shall be reviewed with extraordinary attention to: siting, orientation, scale, mix and compatibility of uses, and relationship to on-and off-site community amenities and design elements to make citizens feel more comfortable and safe in and around the development parcel. Policies: 9.3 All new development or redevelopment U1at occurs within the City of Wheat Ridge shall be required to make both vehicular and pedestrian connections that are safe, functional, and serve to reduce U1e necessity to use a private automobile within a quarter-mile radius. 10. Goal: Provide quality, aesthetically-pleasing housing choices that are convenient to needed services and amenities. Policies: 10.1 Moderate density and allowable higher density residential development shall be allowed only ill those areas that can be served by transit and shall be developed WiU1 adequate amounts of open space and landscape amenities. 10.4 Realistic code compliance standards shall be set to encourage adequate residential rehabilitation and pride of ownership. 10.5 Institute image enl1ancing, multi-purpose public improvement programs including street trees, pedestrian linkages, and community facilities to increase the community's attractiveness as a place to live. 10.9 New residential development shall provide linkages to existing or planned pedestrian corridors, open space networks, and community facilities. 11. Goal: The City of Wheat Ridge shall strive to be a community that provides a variety of residential units -both in terms of price and type of unit -allowing households with different incomes and needs to live in Wheat Ridge. Policies: 11.1 Encourage the maintenance and upgrading of existing housing through the implementation of targeted housing rehabilitation programs offered by the Colorado 46 Housing Finance Authority, the Colorado Department of Housing, the Jefferson County Housing Authority, and other non-profit organizations. 11.4 Keep abreast of and adopt innovative building code amendments that reduce cost without sacrificing safety or compatibility with surrounding neighborhoods. 12. Goal: Maintain the integrity of existing neighborhoods which contributes to the sense that Wheat Ridge has a small town atmosphere. Policies: 12.2 Encourage infill residential development at densities similar to adjacent development. 12.3 Ensure" quality" residential development through the establishment of performance standards within the zoning ordinance that ensure that new development is in close proximity to existing residential development and is of a similar size and scale. COMMUNITY CHARACTER: GOALS AND POLICIES 1. Goal: Encourage citizens, businesses, property owners, and government to take an active role in providing an aesthetic and pleasant environment for all citizens. Policies: 1.1 Continue to beautify the City using methods such as development of green ways and requiring the addition of and continual maintenance of landscaping on any existing or new development. 1.2 Promote streetscape enhancements on main thoroughfares in order to increase community pride and the attractiveness of streets. 1.3 Use street trees and landscaping to buffer adjoining uses from the effects of traffic. 1.4 Promote City-sponsored projects to upgrade the landscaping in existing developments. 1.5 Screen and landscape all new parking areas through the effective use of grade separations, plant materials, and attractive walls. 1.6 Promote street furniture and features, such as benches and bike racks, that provide pedestrian and bicycle comfort. 1.7 Dedicate resources for the strict and speedy enforcement of sign, parking, junk and nuisance ordinances. 1.8 Review and revise the sign code. 47 1.9 Include under-grounding of overhead utilities in any public road improvement project and require lmder-grounding in any new development or redevelopment. 5. Goal: Complement and promote the City's image and identity through good urban design, open space buffering, Oty entry points and "gateway" designs, and the promotion of the visual arts. Policies: 5.1 Identify, develop, and maintain key principal entrances into Wheat Ridge to create a strong, favorable visual impression and community identity for people entering the Oty. This should include monument signs, directional signs, and landscaping. COMMUNITY AMENITIES AND SERVICES: GOALS AND POLICIES 1. Goal: Develop more cultural opportunities for all citizens. Policies: 1.1 Investigate options for upgrading and expanding library services in the City. 10. Goal: Plan and equitably provide citizens of Wheat Ridge with the highest level of public services they are willing to support. Policies: 10.1 Wheat Ridge shall strive to improve or expand general public services, public facilities and utilities in relation to population growth, population composition, and user demand. 10.2 Encourage special districts with capacity problems to develop alternatives to address these deficiencies. 10.3 New development shall not burden the Oty's existing infrastructure and public services without the developer contributing the necessary revenue or infrastructure for expanding these services. 11. Goal: Work to minimize the number of special districts that operate in the Oty of Wheat Ridge. Policies: 11.1 Encourage and facilitate consolidation of special districts where economically beneficial to the citizens of Wheat Ridge. 48 11.2 The City should take the necessary steps to put all properties south of the railroad tracks in the Wheat Ridge Fire Protection District. 12 Goal: provide adequate facilities and tools to maintain the efficiency of City government and quasi-public agencies. 13. Goal: Continue to promote the health, safety, welfare and quality of life of Wheat Ridge citizens. Policies: 13.1 The City shall promote a neighborhood watch program within all geographic areas of the City. 13.2 The City of Wheat Ridge shall adhere to the broad concept of a healthy community that is defined as a dean, safe, quality physical environment which provides basic needs to its residents, accessible public health, and quality educational opportunities. TRANSPORT AnON: GOALS AND POLICIES 2. Goal: The City shall strive to minimize traffic congestion and air pollution as well as encourage and provide alternative transportation systems. Policies: 2.1 Locate mass transit lines dose to employment and shopping opportunities and higher density residential uses. 2.2 Promote viable transportation alternatives to and within commercial and community activity centers to decrease dependency on the use of single occupancy vehicles. 2.3 Encourage mixed mode transportation to include a bus-bicycle transfer system, park-nride lots, and bicycle storage to serve shopping districts. ECONOMIC DEVELOPMENT: GOALS AND POLICIES 1. Goal: Preserve and enhance the tax base needed to support desired government services and facilities in the community. Policies: 1.1 Encourage light industry to locate within designated areas of the City to provide employment and increase the tax base. 49 2. Goal: Economic development shall be considered a long-term program and not a "quick fix" for sagging retail sales tax collections. 3. Goal: Continue to be a competitive destination for new business by investing dollars in such things as staff, research and planning, promotion, infrastructure, revenue sharing or other appropriate means that will continue to make Wheat Ridge a desirable place to start, maintain, or relocate a business. 4. Goal: Balance retail and other types of businesses in order to maintain the demand for the retail goods whose sales generate needed City revenue. 5. Goal: Continue to ensure that maintaining a healthy business climate for the existing businesses is as important as attracting new firms by making revitalization a continuing priority. Policies: 5.1 Evaluate the older, established commercial nodes and strips to determine which areas are appropriate for reinvestment and revitalization. 5.2 Develop strategies and incentives to make older commercial areas more economically competitive and visually pleasing. 5.3 Develop programs to encourage the retention and expansion of existing business. Maintenance of, and service to, existing business shall remain a top priority. REVITALIZATION AND REINVESTMENT Economic Development and Revitalization Commission Since 1981, the City of Wheat Ridge has been committed to ensuring that the City maintains a healthy level of retail activity through City efforts and the use of urban renewal areas. Economic Development Efforts for Retail Sales Tax Generation The City also adopted the Wheat Ridge Town Center Urban Renewal Area and formed an urban renewal authority -the City's Economic Development and Revitalization Commission (EDARC). Since 1981, EDARC has completed several projects in the urban renewal area. ENVIRONS AND REGIONAL COOPERATION: GOALS AND POLICIES 1. Goal: Achieve intergovernmental cooperation and coordination whenever possible. Policies: 50 1.7. Continue to work with the Jefferson County School District to ensure that school facilities are adequately funded and Wheat Ridge students are served on a neighborhood basis. 1.10. Work with the Jefferson County Library District Board to improve library service in the City. 51 WHEAT RIDGE NORTHWEST SUB-AREA PLAN SUBAREA GOALS AND POLICIES Goal: 1 Policies: Encourage citizens, business, property owners and government to take an active role in providing an aesthetic and pleasant environment for all citizens. 12.4 Promote streetscape enhancements on subarea streets in order to increase community pride and the attractiveness of s treets. 1.5 Promote street furniture and features, such as benches and bike racks tha t provide pedestrian and bicycle comfort. 1.6 Include under-grounding of overhead utilities in any public road improvement project and require under-grounding in any new development or redevelopment. Goal: 2 Integrate elements of the natural environment into the built environment. Policies: 2.1 Require the provision for parkland or open space preservation in new developments and redevelopment projects. 2.2 Introduce new landscaping into the built environment by installing street trees in tree ga tes, landscaping near or in the pedestrian environment and landscaping in patios, plazas and courtyards. Goal: 3 Policies: Complement and promote the City's image and identity through good urban design, City entry points and" gateway" designs, and the promotion of the visual arts. 3.1 Develop the Northwest subarea as a key principal element into Wheat Ridge to create a strong, favorable visual impression and community identity for people entering the City. This should include monument signs, directional signs and landscaping. 3.2 Encourage an arts program in the subarea that encourages public sculptures, murals, and other works of art. Goal: 4 Provide the proper land uses, densities, development forms and parking positions to take full advantage of transit in the area. 52 Policies: 4.1 Provide parking that will be convenient to the light rail station, but which will also serve local businesses. 4.3 Provide close-in, attractive, higher density residential that will meet needs for workforce housing, as well as provides a market for the commercial development in the subarea. 4.5 Preserve the commercial/light industrial employment center south of the railroad tracks. 4.6 Allow a variety of uses, including residential uses, in upper stories of multi-story buildings, in order to create vitality and bring activities of daily living within walking distance of each other. 4.7 Foster mixed residential densities and housing types. Goal: 5 Policies: Participate in the development of a well-balanced transportation system to move people and goods in a safe, expeditious and economic manner. 5.1 Work cooperatively with adjacent jurisdictions to make the appropriate vehicular and pedestrian connections to the established traffic and pedestrian network recommended in the Plan. 5.2 Work with the Colorado DepartrnentofTransportation and the BNSF railroad to provide a grade-separated crossing on Ward Road. 5.3 Ensure that all new development provides internal streets, adequate circulation and pedestrian walkways that provide non-motorized connections to adjacent development and that integrate with the recommended street and pedestrian network. 5.4 Ensure the success of the light rail station by providing employment and shopping opportunities and higher density residential uses within the subarea. Concentrate these uses within walking distance of the proposed station. 5.5 Promote viable transportation alternatives by developing a comprehensive path and trails system to and within the subarea which interconnects neighborhoods with shopping, parks and recreation, work, schools, and with the systems of adjacent jurisdictions. 5.6 The proposed transit station should provide for mixed modes to include a bus-bicycle transfer system, park-n-ride lots, and bicycle storage to serve commuters. 53 Goal: 6 Goal: 7 Policies: All development activities shall strive to provide a pedestrian environment that is safe and comfortable. Allow current businesses in the area to continue use and keep buildings, but encourage redevelopment of the area. 7.1 Existing buildings and uses are encouraged to continue. Goal: 8 Create incentives to encourage new development, infiIJ and redevelopment. Policies: 8.4 Explore incentives available through the Colorado Enterprise Zone Program. The Northwest Subarea is in the Jefferson County Enterprise Zone which makes it eligible for a variety of incentives such as state income tax credits. For more information, contact the Jefferson COlmty Economic Council at 303-202-2965 or info@jeffco.org. Goal: 9 Ensure that parks, open space and recreational facilities enhance the quality of life for the citizens and employees of the subarea. Policies: 9.2 Explore the potential for park facilities, to be provided by a special district. Goal: 10 Policies: Provide residents and businesses of of the subarea with the highest level of public services and facilities. 10.1 Require the formation of special districts or a metropolitan district in the subarea to address unique infrastructure and maintenance needs of the subarea, including drainage, parking, parks and recreation, and streetscape improvements. Encourage existing districts in the area with capacity problems to develop alternatives to address deficiencies. 10.2 New development should not burden existing infrastructure and public services. New development should be required to contribute the necessary revenue or infrastructure for expanding infrastructure or services needed to serve the development. 10.3 Work with the UDFCD and Jefferson County to implement the drainage improvements recommended in the Columbine Basin Study. ACTION STEPS 54 Key actions necessary to accomplish the Plan: • Creation of a district or districts for the subarea to provide a mechanism to finance, construct and maintaill parking facilities, drainage facilities, parks and recreation facilities, and streetscape improvements. REPOSITIONING WHEAT RIDGE NEIGHBORHOOD REVITALIZATION STRATEGY Strategy #1: Develop new market rate housing at key locations throughout the City. Strategy #2: Acquire, upgrade, and sell out-of-date housing stocks at key locations. Strategy #3: Improve existing multi-family rental property at key locations. Strategy #5: Develop West 44th Avenue into an "Orchard District". Strategy #6: Accelerate and shape the development along 38th Avenue. Strategy #7: Develop a Town Center. Strategy #8: Continue to increase the visibility and accessibility of the Wheat Ridge Open Space. Strategy #9: Develop identity signage and gateways and improve the City's general appearance. 55 1-70/Kipling Corridors Urban Renewal Plan Wheat Ridge, Colorado Appendix A Urban Renewal Area Legal Description 29 INTERSTATE 70 I KIPLING STUDY AREA BOUNDARY DESCRIPTION A PARCEL OF LAND LOCATED IN SECTION 15, 16, 17, 19, 20, 21 , 22,28, AND 30, TOWNSHIP 3 SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: NOTE: ALL PARCEL NUMBERS CITED IN THIS DESCRIPTION ARE JEFFERSON COUNTY ASSESSOR PARCEL NUMBERS. BEGINNING ATTHE NORTHEAST CORNER OF FOOTHILLS ACADEMY SUBDIVISION, BEING THE SOUTHWEST CORNER OF THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE 70 AND THE WESTERLY RIGHT OF WAY LINE OF MILLER STREET; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE OF MILLER STREET TO THE WESTERLY EXTENSION OF THE SOUTHERLY LINE OF PARCEL 10 NO. 39-211 -00-005; THENCE EASTERLY ALONG SAID SOUTHERLY LINE AND ITS WESTERLY EXTENSION TO THE SOUTHWESTERLY LINE OF INTERSTATE 70 FRONTAGE ROAD DESCRIBED IN RECEPTION NO. 84016260; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE TO THE NORTHWEST CORNER OF PARCEL 10 NO. 39-211-00-009; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL 10 NO. 39-211 -00-009 AND PARCELS 10 NO. 39-211 -01-001 , 39-211 -01 -002, 39-211 -00-013 AND 39-211 -00-015 TO THE SOUTHWEST CORNER OF SAID PARCEL 10 39-211 -00-015; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL 10 39-211 -00-015 TO THE NORTHWEST CORNER OF BANDIMERE MINOR SUBDIVISION; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID BANDIMERE SUBDIVISION TO THE MOST SOUTHERLY POINT OF BANDIMERE MINOR SUBDIVISION ON THE NORTHERLY LINE OF PARCEL 10 NO. 39-211 -00-017; THENCE SOUTHWESTERLY ALONG SAID NORTHERLY LINE OF PARCEL 10 NO. 39-211 -00-017 TO THE EASTERLY RIGHT OF WAY LINE OF LEE STREET; THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE OF LEE STREET TO THE NORTHERLY RIGHT OF WAY LINE OF WEST 44TH AVENUE; THENCE WESTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF WEST 44TH AVENUE TO THE POINT OF INTERSECTION OF THE NORTHERLY EXTENSION OF THE EASTERLY LINE OF NEWGATE IN WHEAT RIDGE SUBDIVISION; THENCE SOUTHERLY SOUTHERLY AND SOUTHWESTERLY ALONG THE EASTERLY AND SOUTHEASTERLY LINE OF SAID NEWGATE IN WHEAT RIDGE SUBDIVISION TO A POINT OF INTERSECTION WITH THE MOST WESTERLY CORNER OF PARCEL 10 NO. 39-214-00-001; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL 10 NO. 39-214-00-001 TO THE SOUTHEAST CORNER THEREOF ON THE WESTERLY LINE OF KIPLING VENTURES SUBDIVISION; THENCE SOUTHERLY ALONG SAID WESTERLY LINE TO THE SOUTHWEST CORNER OF SAID KIPLING VENTURES SUBDIVISION; THENCE EASTERLY AND SOUTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID KIPLING VENTURES SUBDIVISION TO THE INTERSECTION WITH THE NORTHERLY RIGHT OF WAY LINE OF KIPLING STREET AS DESCRIBED IN BOOK 2148 AT PAGE 663; 30 THENCE WESTERLY, SOUTHERLY AND EASTERLY ALONG THE NORTHERLY, WESTERLY AND SOUTHERLY LINE OF SAID PARCEL IN BOOK 2148 AT PAGE 663 TO THE WESTERLY RIGHT OF WAY LINE OF KIPLING STREET; THENCE SOUTHERLY ALONG THE WESTERLY RIGHT OF WAY LINE OF KIPLING STREET TO THE NORTHEAST CORNER OF PARCEL 10 NO. 39-214-00-014; THENCE WESTERLY AND SOUTHERLY ALONG THE NORTHERLY AND WESTERLY LINE OF SAID PARCEL 10 NO. 39-214-00-014 TO THE SOUTHWEST CORNER THEREOF, BEING A POINT ON THE NORTHERLY LINE OF GREEN VALLEY SUBDIVISION; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID GREEN VALLEY SUBDIVISION TO THE NORTHEAST CORNER OF LOT 2 OF SAID SUBDIVISION; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOT 2 TO THE SOUTHEAST CORNER THEREOF ON THE NORTHERLY RIGHT OF WAY LINE OF WEST 41 sT AVENUE; THENCE WESTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF 41 sT AVENUE TO THE NORTHERLY EXTENSION OF THE EASTERLY LINE OF THE WEST 15 FEET OF LOT 23, GREEN VALLEY SUBDIVISION; THENCE SOUTHERLY ALONG SAID EASTERLY LINE AND ITS NORTHERLY EXTENSION TO A POINT ON THE SOUTHERLY LINE OF SAID GREEN VALLEY SUBDIVISION; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF GREEN VALLEY SUBDIVISION TO THE NORTHWEST CORNER OF PARCEL 10 39-214-99-001 , BEING ALSO THE NORTHEAST CORNER OF CAMBRIDGE PARK & AMENDED; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL 10 NO. 39-214-99-001 AND THE EASTERLY LINE OF CAMBRIDGE PARK & AMENDED TO THE MOST NORTHERLY CORNER OF PARCEL 10 NO. 39-214-00-044; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG THE NORTHWESTERLY AND WESTERLY LINE AND THE SOUTHERLY EXTENSION OF SAID WESTERLY LINE OF PARCEL 10 NO. 39-214-00-044 TO THE SOUTHERLY RIGHT OF WAY LINE WEST 38TH AVENUE AND THE NORTHERLY LINE OF ORTON HEIGHTS SUBDIVISION; THENCE EASTERLY AND SOUTHERLY ALONG THE NORTHERLY AND EASTERLY LINE OF ORTON HEIGHTS SUBDIVISION TO THE SOUTHWEST CORNER OF KING STREET DESCRIBED IN BOOK 1579 AT PAGE 296; THENCE EASTERLY AND SOUTHERLY ALONG THE SOUTHERLY AND WESTERLY RIGHT OF WAY LINE OF KING STREET TO THE NORTHERLY RIGHT OF WAY LINE OF WEST 35TH 35TH AVENUE; THENCE EASTERLY ALONG THE SAID NORTHERLY RIGHT OF WAY LINE TO THE WESTERLY RIGHT OF WAY LINE OF KIPLING STREET; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE OF KIPLING STREET TO THE NORTHEAST CORNER OF PARAMOUNT HEIGHTS PART FIVE, BEING THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF WEST 27TH AVENUE AND THE WESTERLY RIGHT OF WAY LINE OF KIPLING STREET; THENCE WESTERLY ALONG THE SOUTHERLY RIGHT OF WAY LINE OF WEST 27TH AVENUE TO THE NORTH LINE OF BLOCK 5, PARAMOUNT HEIGHTS PART FIVE, BEING THE NOTHEAST CORNER OF PARCEL 10 NO. 39-284-21 -001 ; THENCE WESTERLY ALONG SAID NORTHERLY LINE OF PARCEL 10 NO. 39-284-21-001 TO THE EASTERLY RIGHT OF WAY LINE OF PARAMOUNT PARKWAY; 31 THENCE SOUTHERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF PARAMOUNT PARKWAY TO WHEAT RIDGE CITY LIMITS IN WEST 26TH AVENUE; THENCE EASTERLY ALONG SAID WHEAT RIDGE CITY LIMITS TO THE CITY LIMITS ALONG THE EASTERLY RIGHT OF WAY LINE OF KIPLING STREET; THENCE NORTHERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF KIPLING STREET TO THE SOUTHWEST CORNER OF JANET D. MINOR SUBDIVISION FILING NO.2; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID JANET D. SUBDIVISION FILING NO. 2 TO THE SOUTHEAST CORNER THEREOF; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID JANET D. SUBDIVISION FILING NO. 2 TO THE SOUTHWEST CORNER OF PARCEL 10 NO. 39-223-00-008; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL 10 NO. 39-223-00-008 AND ITS EASTERLY EXTENSION TO THE EASTERLY RIGHT OF WAY LINE OF JELLISON STREET; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE OF JELLISON STREET TO THE SOUTHWEST CORNER OF PARCEL 10 NO. 39-222-00-026; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF PARCELS 10 NO. 39-223-00-026 AND 39-223-00-025 TO THE SOUTHEAST CORNER OF LAST SAID PARCEL; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL 10 NO. 39-222-00-025 TO THE SOUTHWEST CORNER OF PARCEL 10 NO. 39-222-00-024; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL 10 NO. 39-222-00-024 TO THE SOUTHEAST CORNER THEREOF; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL 10 NO. 39-222-00-024 TO THE SOUTHWEST CORNER OF PARCEL 10 NO. 39-222-11-001 ; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL 10 NO. 39-222-11-001 AND ALONG THE SOUTHERLY LINE OF PARCEL 10 NO. 39-222-11 -002 TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF IRIS STREET; THENCE EASTERLY TO SOUTHWEST CORNER OF PARCEL 10 NO. 39-222-00-023 ON THE EASTERLY RIGHT OF WAY LINE OF IRIS STREET; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF PARCELS 10 NO. 39-222-00-023 AND 39-222-00-044 TO THE SOUTHEAST CORNER OF LAST SAID PARCEL; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL 10 NO. 39-222-00-044 AND ITS NORTHERLY EXTENSION TO THE NORTHERLY RIGHT OF WAY LINE OF WEST 4444TH AVENUE; THENCE WESTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF WEST 44TH AVENUE TO THE WESTERLY RIGHT OF WAY LINE OF INDEPENDENCE STREET; THENCE NORTHERLY ALONG THE WESTERLY RIGHT OF WAY LINE OF INDEPENDENCE STREET TO THE SOUTHEAST CORNER OF PARCEL 10 NO. 39-222-09-008; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL 10 NO. 39-222-09-008 TO THE SOUTHWEST CORNER THEREOF; 32 THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID PARCELS ID NO. 39-222-09-008, 39-222-09-024 AND 39-222-09-009 TO THE NORTHWEST CORNER OF LAST SAID PARCEL; THENCE EASTERLY ALONG THE NORTHERLY LINE OF PARCEL ID NO. 39-222-09-009 TO THE SOUTHWEST CORNER OF PARCEL ID NO. 39-222-09-010; THENCE NORTHERLY ALONG THE WESTERLY LINE OF PARCELS IN NO. 39-222-09-010, 39-222-09-011 , AND 39-222-09-012 TO THE NORTHWEST CORNER OF SAID LAST PARCEL, BEING A POINT ON THE SOUTHERLY LINE OF PARCEL ID NO. 39-222-00-012; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL ID NO. 39-222-00-012 TO THE SOUTHWEST CORNER THEREOF; THENCE NORTHERLY AND EASTERLY ALONG THE WESTERLY AND NORTHERLY LINE OF SAID PARCEL ID NO. 39-222-00-012 TO THE NORTHWEST CORNER THEREOF ON THE WESTERLY RIGHT OF WAY LINE OF INDEPENDENCE STREET; THENCE NORTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE OF INDEPENDENCE STREET TO A POINT ON THE SOUTHERLY LINE OF PARCEL ID NO. 39-222-00-011 ; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF PARCELS 39-222-00-0 11 , 39-222-00-010 AND 39-222-00-009 TO THE SOUTHWEST CORNER OF SAID LAST PARCEL; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL ID NO. 39-222-00-009 TO THE NORTHWEST CORNER THEREOF; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID PARCELS ID NO. 39-222-00-009, 39-222-00-010 AND 39-222-00-011 TO THE WESTERLY RIGHT OF WAY LINE OF INDEPENDENCE STREET; THENCE NORTHERLY ALONG THE WESTERLY RIGHT OF WAY LINE OF INDEPENDENCE STREET TO THE SOUTHEAST CORNER OF DAVIS MINOR SUBDIVISION; THENCE EASTERLY ALONG THE EASTERLY EXTENSION OF THE SOUTHERLY LINE OF SAID DAVIS MINOR SUBDIVISION TO THE EASTERLY RIGHT OF WAY LINE OF INDEPENDENCE STREET; THENCE NORTHERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF INDEPENDENCE STREET TO THE MOST NORTHERLY CORNER OF ADP SUBDIVISION ON THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE 70; THENCE SOUTHEASTERLY ALONG THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE 70 TO THE EASTERLY RIGHT OF WAY LINE OF HOLLAND STREET; THENCE EASTERLY ALONG THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE 70 TO THE EASTERLY RIGHT OF WAY LINE OF GARRISON STREET; THENCE NORTHERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF GARRISON STREET EXTENDED NORTHERLY TO THE NORTHERLY RIGHT OF WAY LINE OF WEST 49TH AVENUE; THENCE WESTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF WEST 49TH AVENUE TO THE EASTERLY RIGHT OF WAY LINE OF INDEPENDENCE STREET; THENCE NORTHERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF INDEPENDENCE STREET TO THE SOUTHERLY RIGHT OF WAY LINE OF WEST 50TH AVENUE, BEING THE SOUTHERLY LINE OF PARCEL ID NO. 39-153-00-014; THENCE SOUTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL ID NO. 39-153-00-014 TO THE SOUTHWEST CORNER THEREOF; 33 THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL ID NO. 39·153·00·014 TO THE NORTHWEST CORNER THEREOF; THENCE NORTHEASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL ID NO. 39-153·00·014 TO A POINT ON WHEAT RIDGE CITY LIMITS ON THE EASTERLY RIGHT OF WAY LINE OF INDEPENDENCE STREET; THENCE NORTHERLY ALONG SAID WHEAT RIDGE CITY LIMITS ON THE EASTERLY RIGHT OF WAY LINE OF INDEPENDENCE STREET TO THE WHEAT RIDGE CITY LIMITS IN WEST 51sT PLACE; THENCE WESTERLY ALONG SAID WHEAT RIDGE CITY LIMITS IN WEST 51 ST PLACE TO THE WESTERLY RIGHT OF WAY LINE OF KIPLING STREET; THENCE SOUTHERLY ALONG SAID WHEAT RIDGE CITY LIMITS AND THE WESTERLY RIGHT OF WAY LINE OF KIPLING STREET TO THE NORTHERLY RIGHT OF WAY LINE OF WEST 50TH AVENUE; THENCE SOUTHWESTERLY ALONG SAID WHEAT RIDGE CITY LIMITS AND THE NORTHERLY RIGHT OF WAY LINE OF WEST 50TH AVENUE TO THE EASTERLY RIGHT OF WAY LINE OF MILLER STREET; THENCE NORTHERLY ALONG SAID WHEAT RIDGE CITY LIMITS AND THE EASTERLY RIGHT OF WAY LINE OF MILLER STREET TO THE SOUTHERLY RIGHT OF WAY LINE OF THE COLORADO AND SOUTHERN RAILROAD; THENCE SOUTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID RAILROAD RIGHT OF WAY LINE TO THE NORTHEAST CORNER OF PARCEL ID NO. 39·164-00·002; THENCE NORTHERLY TO THE SOUTHEAST CORNER OF PARCEL ID NO. 39-164·00-003 ON THE NORTHERLY RIGHT OF WAY LINE OF RIDGE ROAD; THENCE SOUTHWESTERLY, DEPARTING SAID WHEAT RIDGE CITY LIMITS, ALONG THE NORTHERLY RIGHT OF WAY LINE OF RIDGE ROAD AND THE SOUTHERLY LINE OF PARCEL ID NO. 39·161-00·003 TO THE SOUTHEAST CORNER OF PARCEL ID NO. 39-161·00·007; THENCE NORTHERLY, WESTERLY AND SOUTHERLY ALONG THE EASTERLY, NORTHERLY AND WESTERLY LINE OF SAID PARCEL 39· 164·00·007 TO THE SOUTHWEST CORNER THEREOF ON THE NORTHERLY RIGHT OF WAY LINE OF RIDGE ROAD; THENCE SOUTHWESTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF RIDGE ROAD TO THE EASTERLY LINE OF PARCEL ID NO. 39-163·00·002; THENCE SOUTHERLY ALONG SAID EASTERLY LINE OF PARCEL ID NO. 39· 163-00·002 TO THE SOUTHEAST CORNER THEREOF, SAID POINT BEING ON THE NORTHERLY RIGHT OF WAY LINE OF RIDGE ROAD; THENCE SOUTHWESTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF RIDGE ROAD TO WHEAT RIDGE CITY LIMITS AND THE WESTERLY RIGHT OF WAY LINE OF QUAIL STREET; THENCE SOUTHERLY ALONG WHEAT RIDGE CITY LIMITS TO THE NORTHEAST CORNER OF PARCEL ID NO. 39·163·00·025; THENCE CONTINUE SOUTHERLY ALONG WHEAT RIDGE CITY LIMITS AND THE EASTERLY LINE OF SAID PARCEL ID NO. 39·163·00·025 TO THE SOUTHEAST CORNER THEREOF ON THE NORTHERLY RIGHT OF WAY LINE OF WEST 50TH AVENUE; 34 THENCE WESTERLY ALONG WHEAT RIDGE CITY LIMITS AND THE SOUTHERLY LINE OF SAID PARCEL ID NO. 39-163-00-025 TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE NORTHERLY ALONG WHEAT RIDGE CITY LIMITS AND THE WESTERLY LINE OF SAID PARCEL ID NO. 39-163-00-025 TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE CONTINUE NORTHERLY ALONG SAID WHEAT RIDGE CITY LIMITS TO THE NORTHERLY RIGHT OF WAY LINE OF WEST 51ST PLACE, BEING THE SOUTHEAST CORNER OF PARCEL ID NO. 39-174-01-006; THENCE SOUTHWESTERLY ALONG SAID NORTHERLY RIGHT OF WAY OF WEST 51 sT AVENUE TO THE SOUTHEAST CORNER OF LOT 8, HANCE'S SUBDIVISION AND THE WESTERLY RIGHT OF WAY LINE OF TABOR STREET; THENCE NORTHERLY ALONG THE WESTERLY RIGHT OF WAY LINE OF TABOR STREET AND ITS NORTHERLY EXTENSION TO WHEAT RIDGE CITY LIMITS WITHIN WEST 52NO AVENUE; THENCE WESTERLY ALONG WHEAT RIDGE CITY LIMITS IN WEST 52NO AVENUE TO AN ANGLE POINT IN WHEAT RIDGE CITY LIMITS IN THE INTERSECTION OF WEST 52NO AVENUE AND WARD ROAD; THENCE SOUTHERLY ALONG WHEAT RIDGE CITY LIMITS AND ITS SOUTHERLY EXTENSION IN WARD ROAD TO THE NORTHEASTERLY EXTENSION OF THE SOUTHERLY LINE OF LOT 2, KAISER PERMANENTE SUBDIVISION FILING NO. 3 -CORRECTION PLAT; THENCE SOUTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 2 AND IT'S NORTHEASTERLY EXTENSION TO A POINT ON WHEAT RIDGE CITY LIMITS AND THE NORTHWEST CORNER OF PARCEL ID NO. 39-202-00-004; THENCE SOUTHERLY ALONG WHEAT RIDGE CITY LIMITS AND THE WESTERLY LINE OF PARCELS ID NO. 39-202-00-004, 39-202-00-003 AND 39-202-00-007 TO THE SOUTHWEST CORNER OF LAST SAID PARCEL ON THE NORTHERLY RIGHT OF WAY LINE OF INTERSTATE 70; THENCE SOUTHWESTERLY ALONG WHEAT RIDGE CITY LIMITS AND THE NORTHERLY RIGHT OF WAY LINE OF INTERSTATE 70 AND THE SOUTHERLY LINE OF PARCELS ID NO. 39-202-00-001 AND 39-202-00-036 TO THE SOUTHWEST CORNER OF LAST SAID PARCEL, ALSO BEING THE NORTHWEST CORNER OF THE STATE HIGHWAY PARCEL DESCRIBED IN BOOK 1876 AT PAGE 165; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF INTESTATE 70 THE FOLLOWING FOUR (4) COURSES: 1. THENCE SOUTHERLY ALONG THE WESTERLY LINE OF STATE HIGHWAY PARCELS DESCRIBED IN BOOK 1876 AT PAGE 165 AND BOOK 900 AT PAGE 478 TO THE NORTHEAST CORNER OF THAT STATE HIGHWAY PARCEL DESCRIBED IN BOOK 720 AT PAGE 231; 2. THENCE SOUTHWESTERLY AND SOUTHERLY ALONG THE NORTHERLY AND WESTERLY LINE OF SAID PARCEL IN BOOK 720 AT PAGE 231 TO A POINT ON THE NORTHERLY LINE OF THAT STATE HIGHWAY PARCEL DESCRIBED IN BOOK 1859 AT PAGE 72; 3. THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID PARCEL IN BOOK 1859 AT PAGE 72 TO THE MOST WESTERLY CORNER THEREOF; 4. THENCE WESTERLY ALONG THE NORTHERLY LINE OF THAT STATE HIGHWAY DEPARTMENT PARCEL DESCRIBED IN BOOK 2163 AT PAGE 160 TO THE NORTHEAST CORNER OF THAT STATE HIGHWAY PARCEL FOR STATE HIGHWAY NO. 58 DESCRIBED IN BOOK 1895 AT PAGE 55; 35 THENCE WESTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY NO. 58 AS DESCRIBED IN BOOK 1895 AT PAGE 55 AND BOOK 2177 AT PAGE 367 AND BOOK 2116 AT PAGE 106 TO THE PROPOSED MOST WESTERLY LINE OF WHEAT RIDGE CITY LIMITS AS SHOWN ON THE ANNEXATION MAP #3 -COORS CLEAR CREEK; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID ANNEXATION MAP #3 TO THE SOUTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY NO. 58 AS DESCRIBED IN BOOK 2227 AT PAGE 527; THENCE NORTHEASTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY NO. 58 TO THE NORTHWEST CORNER OF THAT STATE HIGHWAY PARCEL DESCRIBED IN RECEPTION NO. 2008011087; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL IN RECEPTION NO. 2008011087 AND PARCEL ID NO. 39-193-00-009 TO THE SOUTHWESTERLY CORNER OF LAST SAID PARCEL; THENCE EASTERLY ALONG EXISTING WHEAT RIDGE CITY LIMITS AND THE SOUTHERLY LINE OF SAID PARCEL ID NO. 39-193-00-009 TO THE SOUTHEAST CORNER THEREOF ON THE WESTERLY LINE OF LOT 9, CABELA'S I COORS SUBDIVISION FILING NO. 2; THENCE SOUTHERLY ALONG WHEAT RIDGE CITY LIMITS AND THE WESTERLY LINE OF SAID LOT 9 TO THE SOUTHWEST CORNER THEREOF; THENCE EASTERLY ALONG WHEAT RIDGE CITY LIMITS AND THE SOUTHERLY LINE OF SAID LOT 9 TO THE NORTHWEST CORNER OF LOT 9A, CABELA'S I COORS SUBDIVISION FILING NO. 2; THENCE SOUTHERLY ALONG WHEAT RIDGE CITY LIMITS AND THE WESTERLY LINE OF SAID LOT 9A TO THE SOUTHWEST CORNER THEREOF; THENCE EASTERLY ALONG WHEAT RIDGE CITY LIMITS AND THE SOUTHERLY LINE OF SAID LOT 9A TO THE SOUTHEAST CORNER THEREOF ON THE WESTERLY LINE OF LOT 8, CABELA'S I COORS SUBDIVISION FILING NO. 1, AMENDED; THENCE SOUTHERLY ALONG WHEAT RIDGE CITY LIMITS AND THE WESTERLY LINE OF SAID LOT 8 TO THE SOUTHWEST CORNER THEREOF; THENCE EASTERLY, DEPARTING SAID WHEAT RIDGE CITY LIMITS, ALONG THE SOUTHERLY LINE OF SAID LOT 8 TO THE SOUTHEAST CORNER THEREOF ON THE WESTERLY LINE OF LOT 6, CABELA'S I COORS SUBDIVISION FILING NO. 1, AMENDED; THENCE SOUTHEASTERLY ALONG A CURVE ON SAID LOT 6 TO THE END OF SAID CURVE; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 6 TO THE SOUTHWEST CORNER THEREOF ON WHEAT RIDGE CITY LIMITS; THENCE EASTERLY ALONG WHEAT RIDGE CITY LIMITS AND THE SOUTHERLY LINE OF SAID LOT 6 TO THE NORTHWEST CORNER OF LOT 5 OF SAID CABELA'S I COORS SUBDIVISION FILING NO. 1, AMENDED; THENCE SOUTHERLY ALONG WHEAT RIDGE CITY LIMITS AND THE WESTERLY LINE OF SAID LOT 5 TO THE SOUTHWEST CORNER THEREOF; THENCE EASTERLY ALONG WHEAT RIDGE CITY LIMITS AND THE SOUTHERLY LINE OF SAID LOT 5 TO THE NORTHWEST CORNER OF LOT 1, BLOCK 2, 70 WEST BUSINESS CENTER SUBDIVISION FILING NO. 3; 36 THENCE SOUTHERLY ALONG WHEAT RIDGE CITY LIMITS AND THE WESTERLY LINE OF SAID LOT 1, BLOCK 2, 70 WEST BUSINESS CENTER SUBDIVISION FILING NO. 3 TO THE SOUTHWEST CORNER THEREOF; THENCE EASTERLY ALONG WHEAT RIDGE CITY LIMITS AND THE SOUTHERLY LINE OF SAID LOT 1, BLOCK 2, 70 WEST BUSINESS CENTER SUBDIVISION FILING NO.3 TO THE NORTHWEST CORNER OF LOT 5, 70 WEST BUSINESS CENTER; THENCE SOUTHERLY ALONG WHEAT RIDGE CITY LIMITS AND THE WESTERLY LINE OF SAID LOT 5, 70 WEST BUSINESS CENTER TO THE SOUTHWEST CORNER THEREOF; THENCE EASTERLY ALONG WHEAT RIDGE CITY LIMITS AND THE SOUTHERLY LINE OF SAID LOT 5, 70 WEST BUSINESS CENTER TO THE SOUTHEAST CORNER THEREOF AND THE WESTERLY LINE OF SAID LOT 1, BLOCK 2, 70 WEST BUSINESS CENTER SUBDIVISION FILING NO. 3; THENCE SOUTHERLY ALONG WHEAT RIDGE CITY LIMITS AND THE WESTERLY LINE OF LOTS 1 AND 2, BLOCK 2 AND TRACT A, 70 WEST BUSINESS CENTER SUBDIVISION FILING NO. 3 TO THE NORTHEAST CORNER OF LOT 3, BLOCK 2, 70 WEST BUSINESS CENTER SUBDIVISION FILING NO. 3; THENCE WESTERLY ALONG ALONG WHEAT RIDGE CITY LIMITS AND THE NORTHERLY LINE OF SAID LOT 3, BLOCK 2, 70 WEST BUSINESS CENTER SUBDIVISION FILING NO. 3 TO THE NORTHWEST CORNER THEREOF ON THE EASTERLY RIGHT OF WAY LINE OF ZINNIA COURT; THENCE SOUTHERLY ALONG WHEAT RIDGE CITY LIMITS AND THE EASTERLY RIGHT OF WAY LINE OF ZINNIA COURT AND ITS SOUTHERLY EXTENSION TO THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6'" PRINCIPAL MERIDIAN WITHIN THE RIGHT OF WAY FOR WEST 32NO AVENUE; THENCE EASTERLY ALONG SAID SOUTH LINE OF THE NORTHWEST ONE-QUARTER WITHIN THE RIGHT OF WAY OF WEST 32NO AVENUE TO THE SOUTHERLY EXTENSION OF THE WESTERLY LINE OF PARCEL 10 NO. 39-292-00-014; THENCE NORTHERLY, DEPARTING SAID SOUTH LINE OF THE NORTHWEST ONE-QUARTER, ALONG THE SOUTHERLY EXTENSION OF THE WESTERLY LINE OF SAID PARCEL 10 NO. 39-292-00-014 TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL 10 NO. 39-292-00-014 TO THE MOST EASTERLY CORNER THEREOF; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 10 NO. 39-292-00-014 TO THE MOST NORTHERLY CORNER THEREOF ON THE WESTERLY LINE OF PARCEL 10 NO. 39-292-11-016; THENCE NORTHERLY ALONG SAID WESTERLY LINE OF PARCEL 10 NO. 39-292-11-016 TO THE NORTHWEST CORNER THEREOF ON THE SOUTHERLY LINE OF LOT 15, BLOCK 1, APPLEWOOD VILLAGE; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 15, BLOCK 1, APPLEWOOD VILLAGE TO THE SOUTHWEST CORNER THEREOF ON THE SOUTHEASTERLY LINE OF LOT 14, BLOCK 1, APPLEWOOD VILLAGE; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 14, BLOCK 1, APPLEWOOD VILLAGE TO THE MOST SOUTHERLY CORNER THEREOF; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF LOTS 11 THROUGH 14, BLOCK 1, APPLEWOOD VILLAGE, TO THE SOUTHWEST CORNER OF SAID LOT 11 ON THE EASTERLY LINE OF LOT 2, APPLEWOOD VILLAGE SHOPPING CENTER SUBDIVISION; 37 THENCE NORTHERLY ALONG THE EASTERLY LINE OF LOTS 1 AND 2, APPLEWOOD VILLAGE SHOPPING CENTER SUBDIVISION TO THE MOST NORTHERLY CORNER OF SAID LOT 1 ON THE SOUTHERLY RIGHT OF WAY LINE OF WEST 38TH AVENUE; THENCE SOUTHWESTERLY ALONG THE SOUTHERLY RIGHT OF WAY LINE OF WEST 38TH AVENUE AND THE NORTHERLY LINE OF LOT 1, APPLEWOOD VILLAGE SHOPPING CENTER SUBDIVISION TO THE SOUTHERLY EXTENSION OF THE WESTERLY RIGHT OF WAY LINE OF WEST 38TH DRIVE; THENCE NORTHERLY AND NORTHEASTERLY ALONG THE WESTERLY RIGHT OF WAY LINE OF WEST 38TH DRIVE AND ITS SOUTHERLY EXTENSION TO THE MOST EASTERLY CORNER OF TRACT C, RIDGE SUBDIVISION; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF SAID TRACT C TO THE MOST NORTHERLY CORNER OF SAID TRACT C ON THE SOUTHERLY LINE OF LOT 1, YOUNGFIELD PLAZA; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 1, YOUNGFIELD PLAZA TO THE SOUTHEAST CORNER THEREOF; THENCE NORTHERLY ALONG THE EASTERLY LINE OF YOUNGFIELD PLAZA TO THE NORTHEAST CORNER THEREOF; THENCE NORTHEASTERLY ALONG THE NORTHEASTERLY EXTENSION OF THE NORTHWESTERLY LINE OF SAID YOUNGFIELD PLAZA TO A POINT OF INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE EASTERLY LINE OF ROCK SUBDIVISION FILING NO. 1; THENCE NORTHERLY ALONG THE EASTERLY LINE OF ROCK SUBDIVISION FILING NO.1 AND ITS SOUTHERLY EXTENSION TO THE NORTHEAST CORNER THEREOF, BEING THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF WEST 42NO AVENUE AND THE EASTERLY RIGHT OF WAY LINE OF XENON STREET; THENCE NORTHERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF XENON STREET TO THE EASTERLY EXTENSION OF THE NORTHERLY LINE OF PARCEL ID NO. 39-202-00-025; THENCE WESTERLY ALONG SAID NORTHERLY LINE OF PARCEL ID NO. 39-202-00-025 AND ITS EASTERLY EXTENSION TO THE NORTHWEST CORNER THEREOF; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF PARCELS ID NO. 39-202-00-025 AND 39-202-00-026 TO THE SOUTHWEST CORNER OF SAID LAST PARCEL; THENCE SOUTHERLY TO THE NORTHWEST CORNER OF PARCEL ID NO. 39-202-00-028; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF PARCEL ID NO. 39-202-00-028 TO THE SOUTHWEST CORNER THEREOF; THENCE WESTERLY ON THE SOUTHERLY LINE OF PARCEL ID NO. 39-202-00-027 TO THE SOUTHWEST CORNER THEREOF ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE 701 YOUNGFIELD STREET AS DESCRIBED IN BOOK 1895 AT PAGE 44; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE 701 YOUNGFIELD STREET TWO COURSES TO THE SOUTHEAST CORNER OF THE STATE HIGHWAY PARCEL DESCRIBED IN RECEPTION NO. 86104746 ON THE WESTERLY RIGHT OF WAY LINE OF XENON STREET; 38 THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL IN RECEPTION NO. 86104746 TO THE NORTHEAST CORNER THEREOF; THENCE NORTHEASTERLY TO THE SOUTHEAST CORNER OF THE STATE HIGHWAY PARCEL DESCRIBED IN BOOK 1989 AT PAGE 207; THENCE NORTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL IN BOOK 1989 AT PAGE 207 TO A POINT ON THE SOUTHERLY LINE OF PARCEL 10 NO. 39-202-00-009; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL 39-202-00-009 TO THE MOST WESTERLY CORNER OF SAID PARCEL ON THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE 70; THENCE NORTHEASTERLY ALONG THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE 70 AND ALONG THE NORTHWESTERLY LINE OF PARCELS 10 NO. 39-202-00-009 AND 39-202-00-008 TO THE MOST NORTHERLY CORNER OF SAID LAST PARCEL; THENCE NORTHEASTERLY TO THE NORTHWEST CORNER OF PUBLIC STORAGE AMENDED 1 SUBDIVISION; THENCE NORTHEASTERLY ALONG THE SOUTHWESTERLY RIGHT OF LINE OF INTERSTATE 70 ALONG THE NORTHWESTERLY LINE OF SAID PUBLIC STORAGE AMENDED 1 TO THE MOST NORTHERLY CORNER OF SAID PUBLIC STORAGE AMENDED 1; THENCE NORTHEASTERLY TO THE NORTHWESTERLY CORNER OF PARCEL 10 NO. 39-201 -05-009 ON THE SOUTHERLY RIGHT OF WAY LINE INTERSTATE 70; THENCE NORTHEASTERLY ALONG THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE 70 AND THE NORTHWESTERLY LINE OF SAID PARCEL 10 NO. 39-201 -05-009 TO THE NORTHEAST CORNER THEREOF; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL 10 NO. 39-201-05-009 TO THE NORTHWEST CORNER OF PARCEL 10 NO. 39-201-05-014 ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE 70; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE 70 ALONG THE NORTHWESTERLY LINE OF PARCEL 10 NO. 39-201-05-014 TO THE NORTHEAST CORNER THEREOF ON THE WESTERLY RIGHT OF WAY LINE OF TABOR STREET; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE 70 TO THE NORTHWEST CORNER OF PARCEL 10 NO. 39-201-03-001 ON THE EASTERLY RIGHT OF WAY LINE OF TABOR STREET; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE 70 ALONG THE NORTHWESTERLY LINE OF PARCEL 10 NO. 39-201-03-001 TO THE NORTHEAST CORNER THEREOF ON THE WESTERLY RIGHT OF WAY LINE OF SWADLEY STREET; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE 70 TO THE NORTHWEST CORNER OF PARCEL 10 NO. 39-201 -02-017 ON THE EASTERLY RIGHT OF WAY LINE OF SWADLEY STREET; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE 70 ALONG THE NORTHWESTERLY LINE OF PARCELS 10 NO. 39-201-02-017 AND 39-201-02-001 TO THE NORTHEAST CORNER OF LAST SAID PARCEL ON THE WESTERLY RIGHT OF WAY LINE OF SIMMS STREET; 39 THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE 70 TO THE NORTHWEST CORNER OF PARCEL ID NO. 39-212-05-025 ON THE EASTERLY RIGHT OF WAY LINE OF SIMMS STREET; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE 70 ALONG THE NORTHWESTERLY LINE OF PARCELS ID NO. 39-212-05-025 AND 39-212-05-024 TO THE NORTHEAST CORNER OF LAST SAID PARCEL ON THE WESTERLY RIGHT OF WAY LINE OF ROUTT STREET; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE 70 TO THE NORTHWEST CORNER OF PARCEL ID NO. 39-212-05-009 ON THE EASTERLY RIGHT OF WAY LINE OF ROUTT STREET; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE 70 ALONG THE NORTHWESTERLY LINE OF PARCELS ID NO. 39-212-05-009 AND 39-212-05-008 TO THE NORTHEAST CORNER OF LAST SAID PARCEL ON THE WESTERLY RIGHT OF WAY LINE OF ROBB STREET; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE 70 TO THE NORTHWEST CORNER OF PARCEL ID NO. 39-212-00-004 ON THE EASTERLY RIGHT OF WAY LINE OF ROBB STREET; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE 70 ALONG THE NORTHWESTERLY LINE OF PARCELS ID NO. 39-212-00-004 AND 39-212-00-003 TO THE NORTHEAST CORNER OF LAST SAID PARCEL ON THE WESTERLY RIGHT OF WAY LINE OF PARFET STREET; THENCE EASTERLY ALONG THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE 70 TO THE NORTHWEST CORNER OF PARCEL ID NO. 39-212-00-002 ON THE EASTERLY RIGHT OF WAY LINE OF PARFET STREET; THENCE EASTERLY ALONG THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE 70 ALONG THE NORTHERLY LINE OF PARCELS ID NO. 39-212-00-002, 39-212-00-001, 39-211 -03-006, 39-211-03-005, 39-211 -03-004, 39-211 -03-003, 39-211 -03-002, 39-211-03-001 , 39-211-99-001 , AND 39-211-02-002 TO THE NORTHEAST CORNER OF LAST SAID PARCEL ON THE WESTERLY RIGHT OF WAY LINE OF MILLER STREET AND THE POINT OF BEGINNING. 40 1-70/Kipling Corridors Urban Renewal Plan Wheat Ridge, Colorado Appendix B Urban Renewal Plan Concept Map 41 .', I Y ~ . I r -...... . , • -I .. .,.._ ..... , -~ /' , ... -...... ~~ 1-1-;; , J-I J i :J /I I c ~ I I I .. --I ·· , \. • 1 l.. " I, #' II~I .. , r .-I, -_ Ir t It -I U ,U_ I . " I I , , " 42 1-70/Kipling Corridors Urban Renewal Plan Wheat Ridge, Colorado Appendix C City of Wile at Ridge Comprehensive Plan, Updated 2000 -References 43 WHEAT RIDGE COMPREHENSIVE PLAN FUTURE LAND USE: GOALS AND POLICIES 2. Goal: Promote neighborhood planning by recognizing the unique character of each neighborhood, while acknowledging their collective contribution to the community as a whole. Policies: 2.1 Revise the current definitions of residential densities to ensure that the allowable densities are in keeping with the existing character and unit density desired in each neighborhood. 2.3 New development or redevelopment shall not adversely impact surrounding residential areas and the City of Wheat Ridge as a whole. This shall apply to all development and be measured by proving the following: 1. The development does not substantially increase traffic generation from the site by employing community design principles to reduce vehicle miles traveled (VMT). This includes traffic calming measures, accessible site design, development of pedestrian friendly environments, compatible infill development, provision of transit or other alternative modes of transportation; 3. Goal: New development or redevelopment shall be so designed as to be a positive contribution to the entire community and compatible with surrounding uses. Policies: 3.5 The compatibility and gross density of any new development or redevelopment site shall complement existing development by transitioning between different land uses through: • Proper site design. • Establishing pedestrian connections between parcels. • Demonstrating smooth and coherent vehicle movements and minimizing impacts of traffic on adjacent residential areas. • • Siting buildings to maintain public view corridors to the mountains and to natural amenities and open space. Providing effective buffers and landscaping between different land uses. 44 4. Goal: Provide conveniently located and attractive commercial, office and service uses that meet the needs of the City and are compatible yet well buffered from surrounding areas. Policies: 4.1 Designate underutilized commercial parcels as village centers. Village centers are characterized as a site which combines a mix of uses -commercial, office and service uses that serve adjacent neighborhoods. 4.2 Provide incentives for businesses to relocate in village activity centers and upgrade existing commercial areas. 4.3 The City of Wheat Ridge shall amend its current zoning ordinance to encourage new commercial development or redevelopment to meet five basic standards. These are: • • • • All retail commercial and office developments shall have an attached sidewalk. An inviting street level storefront with places to gather. Locating parking behind, below grade, to the side of the building, or in a below grade parking structure while ensuring safety for users in obscured parking areas. Structures which front on a major street shall provide an attached sidewalk, landscaped area and streetscape treatment. • Architectural details, treatment and materials shall be consistent on all four sides of the building. 5. Goal: Within the City of Wheat Ridge, limit the total amount of land designated for industrial uses and require industrial uses to be located in areas north of 1-70 or areas that meet the criteria contained in the following policies. Policies: 5.1 Allow light industrial uses only within unified, well-planned and approved industrial parks. 8. Goal: Any new or redeveloped commercial site, whether public or private, shall respect or incorporate as appropriate any adjacent civic investment be it a park, recreational facility or civic amenity. Policies: 8.1 Any commercial site that is adjacent to designated parks or open space shall be required to provide a substantial buffer zone. So that adverse effects on highly valued parks and 45 open space are minimized, the buffer zone shall be kept free of buildings, structures, and parking areas and must be screened or protected by natural features and landscaped to blend with adjacent park land. 9. Goal: Any development or redevelopment site, whether public or private, shall be reviewed with extraordinary attention to: siting, orientation, scale, mix and compatibility of uses, and relationship to on-and off-site community amenities and design elements to make citizens feel more comfortable and safe in and around the development parcel. Policies: 9.3 All new development or redevelopment that occurs within the City of Wheat Ridge shall be required to make both vehicular and pedestrian connections that are safe, functional, and serve to reduce the necessity to use a private automobile within a quarter-mile radius. 10. Goal: Provide quality, aesthetically-pleasing housing choices that are convenient to needed services and amenities. Policies: 10.1 Moderate density and allowable higher density residential development shall be allowed only in those areas that can be served by transit and shall be developed with adequate amounts of open space and landscape amenities. 10.4 Realistic code compliance standards shall be set to encourage adequate residential rehabilitation and pride of ownership. 10.5 Institute image enhancing, multi-purpose public improvement programs including street trees, pedestrian linkages, and community facilities to increase the community's attractiveness as a place to live. 10.9 New residential development shall provide linkages to existing or planned pedestrian corridors, open space networks, and community facilities. 11. Goal: The City of Wheat Ridge shall strive to be a community that provides a variety of residential units -both in terms of price and type of unit -allowing households with different incomes and needs to live in Wheat Ridge. Policies: 11.1 Encourage the maintenance and upgrading of existing housing through the implementation of targeted housing rehabilitation programs offered by the Colorado 46 Housing Finance Authority, the Colorado Department of Housing, the Jefferson County Housing Authority, and other non-profit organizations. 11.4 Keep abreast of and adopt innovative building code amendments that reduce cost without sacrificing safety or compatibility with surrounding neighborhoods. 12. Goal: Maintain the integrity of existing neighborhoods which contributes to the sense that Wheat Ridge has a small town atmosphere. Policies: 12.2 Encourage infill residential development at densities similar to adjacent development. 12.3 Ensure" quality" residential development through the establishment of performance standards within the zoning ordinance that ensure that new development is in close proximity to existing residential development and is of a similar size and scale. COMMUNITY CHARACTER: GOALS AND POLICIES 1. Goal: Encourage citizens, businesses, property owners, and government to take an active role in providing an aesthetic and pleasant environment for all citizens. Policies: 1.1 Continue to beautify the City using methods such as development of green ways and requiring the addition of and continual maintenance of landscaping on any existing or new development. 1.2 Promote streetscape enhancements on main thoroughfares in order to increase community pride and the attractiveness of streets. 1.3 Use street trees and landscaping to buffer adjoining uses from the effects of traffic. 1.4 Promote City-sponsored projects to upgrade the landscaping in existing developments. 1.5 Screen and landscape all new parking areas through the effective use of grade separations, plant materials, and attractive walls. 1.6 Promote street furniture and features, such as benches and bike racks, that provide pedestrian and bicycle comfort. 1.7 Dedicate resources for the strict and speedy enforcement of sign, parking, junk and nuisance ordinances. 1.8 Review and revise the sign code. 47 1.9 Include under-grounding of overhead utilities in any public road improvement project and require under-grounding in any new development or redevelopment. 5. Goal: Complement and promote the City's image and identity through good urban design, open space buffering, City entry points and" gateway" designs, and the promotion of the visual arts. Policies: 5.1 Identify, develop, and maintain key principal entrances into Wheat Ridge to create a strong, favorable visual impression and community identity for people entering the City. This should include monument signs, directional signs, and landscaping. COMMUNITY AMENITIES AND SERVICES: GOALS AND POLICIES 1. Goal: Develop more cultural opportunities for all citizens. Policies: 1.1 Investigate options for upgrading and expanding library services in the City. 10. Goal: Plan and equitably provide citizens of Wheat Ridge with the highest level of public services they are willing to support. Policies: 10.1 Wheat Ridge shall strive to improve or expand general public services, public facilities and utilities in relation to population growth, population composition, and user demand. 10.2 Encourage special districts with capacity problems to develop alternatives to address these deficiencies. 10.3 New development shall not burden the City's existing infrastructure and public services without the developer contributing the necessary revenue or infrastructure for expanding these services. 11. Goal: Work to minimize the number of special districts that operate in the City of Wheat Ridge. Policies: 11.1 Encourage and facilitate consolidation of special districts where economically beneficial to the citizens of Wheat Ridge. 48 11.2 The City should take the necessary steps to put all properties south of the railroad tracks in the Wheat Ridge Fire Protection District. 12 Goal: provide adequate facilities and tools to maintain the efficiency of City government and quasi-public agencies. 13. Goal: Continue to promote the health, safety, welfare and quality of life of Wheat Ridge citizens. Policies: 13.1 The City shall promote a neighborhood watch program within all geographic areas of the City. 13.2 The City of Wheat Ridge shall adhere to the broad concept of a healthy community that is defined as a clean, safe, quality physical environment which provides basic needs to its residents, accessible public health, and quality educational opportunities. TRANSPORTATION: GOALS AND POLICIES 2. Goal: The City shall strive to minimize traffic congestion and air pollution as well as encourage and provide alternative transportation systems. Policies: 2.1 Locate mass transit lines close to employment and shopping opportunities and higher density residential uses. 2.2 Promote viable transportation alternatives to and within commercial and community activity centers to decrease dependency on the use of single occupancy vehicles. 2.3 Encourage mixed mode transportation to include a bus-bicycle transfer system, park-nride lots, and bicycle storage to serve shopping districts. ECONOMIC DEVELOPMENT: GOALS AND POLICIES 1. Goal: Preserve and enhance the tax base needed to support desired government services and facilities in the community. Policies: 1.1 Encourage light industry to locate within designated areas of the City to provide employment and increase the tax base. 49 2. Goal: Economic development shall be considered a long-term program and not a "quick fix" for sagging retail sales tax collections. 3. Goal: Continue to be a competitive destination for new business by investing dollars in such things as staff, research and planning, promotion, infrastructure, revenue sharing or other appropriate means that will continue to make Wheat Ridge a desirable place to start, maintain, or relocate a business. 4. Goal: Balance retail and other types of businesses in order to maintain the demand for the retail goods whose sales generate needed Oty revenue. 5. Goal: Continue to ensure that maintaining a healthy business climate for the existing businesses is as important as attracting new firms by making revitalization a continuing priority. Policies: 5.1 Evaluate the older, established commercial nodes and strips to determine which areas are appropriate for reinvestment and revitalization. 5.2 Develop strategies and incentives to make older commercial areas more economically competitive and visually pleasing. 5.3 Develop programs to encourage the retention and expansion of existing business. Maintenance of, and service to, existing business shall remain a top priority. REVITALIZATION AND REINVESTMENT Economic Development and Revitalization Commission Since 1981, the Oty of Wheat Ridge has been committed to ensuring that the City maintains a healthy level of retail activity through Oty efforts and the use of urban renewal areas. Economic Development Efforts for Retail Sales Tax Generation The City also adopted the Wheat Ridge Town Center Urban Renewal Area and formed an urban renewal authority -the City's Economic Development and Revitalization Commission (EDARC). Since 1981, EDARC has completed several projects in the urban renewal area. ENVIRONS AND REGIONAL COOPERATION: GOALS AND POLICIES 1. Goal: Achieve intergovernmental cooperation and coordination whenever possible. Policies: 50 1.7. Continue to work with the Jefferson County School District to ensure that school facilities are adequately funded and Wheat Ridge students are served on a neighborhood basis. 1.10. Work with the Jefferson County Library District Board to improve library service in the City. 51 WHEAT RIDGE NORTHWEST SUB-AREA PLAN SUBAREA GOALS AND POLICIES Goal: 1 Encourage citizens, business, property owners and government to take an active role in providing an aesthetic and pleasant environment for all citizens. Policies: 12.4 Promote streetscape enhancements on subarea streets in order to increase community pride and the attractiveness of streets. 1.5 Promote street furniture and features, such as benches and bike racks that provide pedestrian and bicycle comfort. 1.6 lnclude under-grounding of overhead utilities in any public road improvement project and require llnder-grounding in any new development or redevelopment. Goal: 2 Integrate elements of the natural environment into the built environment. Policies: 2.1 Require the provision for parkland or open space preservation in new developments and redevelopment projects. 2.2 Introduce new landscaping into the built environment by installing street trees in tree gates, landscaping near or in the pedestrian environment and landscaping in patios, patios, plazas and courtyards. Goal: 3 Policies: Complement and promote the City's image and identity through good urban design, City entry points and "gateway" designs, and the promotion of the visual arts. 3.1 Develop the Northwest subarea as a key principal element into Wheat Ridge to create a strong, favorable visual impression and community identity for people entering the City. This should include monument signs, directional signs and landscaping. 3.2 Encourage an arts program in the subarea that encourages public sculptures, murals, and other works of art. Goal: 4 Provide the proper land uses, densities, development forms and parking positions to take full advantage of transit in the area. 52 Policies: 4.1 Provide parking that will be convenient to the light rail station, but which will also serve local businesses. 4.3 Provide close-in, attractive, higher density residential that will meet needs for workforce housing, as well as provides a market for the commercial development in the subarea. 4.5 Preserve the commercial/light industrial employment center south of the railroad tracks. 4.6 Allow a variety of uses, including residential uses, in upper stories of multi-story buildings, in order to create vitality and bring activities of daily living within walking distance of each other. 4.7 Foster mixed residential densities and housing types. Goal: 5 Policies: Participate in the development of a well-balanced transportation system to move people and goods in a safe, expeditious and economic manner. 5.1 Work cooperatively with adjacent jurisdictions to make the appropriate vehicular and pedestrian connections to the established traffic and pedestrian network recommended in the Plan. 5.2 Work with the Colorado Department of Transportation and the BNSF railroad to provide a grade-separated crossing on Ward Road. 5.3 Ensure that all new development provides internal streets, adequate circulation and pedestrian walkways that provide non-motorized connections to adjacent development and that integrate with the recommended street and pedestrian network. 5.4 Ensure the success of the light rail station by providing employment and shopping opportunities and higher density residential uses within the subarea. Concentrate these uses within walking distance of the proposed station. 5.5 Promote viable transportation alternatives by developing a comprehensive path and trails system to and within the subarea which interconnects neighborhoods with shopping, parks and recreation, work, schools, and with the systems of adjacent jurisdictions. 5.6 The proposed transit station should provide for mixed modes to include a bus-bicycle transfer system, park-n-ride lots, and bicycle storage to serve commuters. 53 Goal: 6 Goal: 7 Policies: All development activities shall strive to provide a pedestrian environment that is safe and comfortable. Allow current businesses in the area to continue use and keep buildings, but encourage redevelopment of the area. 7.1 Existing buildings and uses are encouraged to continue. Goal: 8 Create incentives to encourage new development, infill and redevelopment. Policies: 8.4 Explore incentives available through the Colorado Enterprise Zone Program. The Northwest Subarea is in the Jefferson County Enterprise Zone which makes it eligible for a variety of incentives such as state income tax credits. For more information, contact the Jefferson County Economic Council at 303-202-2965 or info@jeffco.org. Goal: 9 Ensure that parks, open space and recreational facilities enhance the quality of life for the citizens and employees of the subarea. Policies: 9.2 Explore the potential for park facilities, to be provided by a special district. Goal: 10 Policies: Provide residents and businesses of of the subarea with the highest level of public services and facilities. 10.1 Require the formation of special districts or a metropolitan district in the subarea to address unique infrastructure and maintenance needs of the subarea, including drainage, parking, parks and recreation, and streetscape improvements. Encourage existing districts in the area with capacity problems to develop alternatives to address deficiencies. 10.2 New development should not burden existing infrastructure and public services. New development should be required to contribute the necessary revenue or infrastructure for expanding infrastructure or services needed to serve the development. 10.3 Work with the UDFCD and Jefferson County to implement the drainage improvements recommended in the Columbine Basin Study. ACTION STEPS 54 Key ac tions necessary to accomplish the Plan: • Creation of a district or districts for the subarea to provide a mechanism to finance, construct and maintain parking facilities, drainage facilities, parks and recreation facilities, and streetscape improvements. REPOSITIONING WHEAT RIDGE NEIGHBORHOOD REVIT ALIZA TION STRATEGY Strategy #1: Develop new market rate housing at key locations throughout the City. Strategy #2: Acquire, upgrade, and sell out-of-date housing stocks at key locations. Strategy #3: Improve existing multi-family rental property at key locations. Strategy #5: Develop West 441h Avenue into an "Orchard District". Strategy #6: Accelerate and shape the development along 38th Avenue. Strategy #7: Develop a Town Center. Strategy #8: Continue to increase the visibility and accessibility of the Wheat Ridge Open Space. Strategy #9: Develop identity signage and gateways and improve the City's general appearance. 55 1-70/Kipling Corridors Urban Renewal Plan Wheal Ridge, Colorado Allachmenl 1 1-70 I Kipling Corridors Conditions Survey 1-70 I Kipling Corridors Conditions Survey Table of Contents Section 1: Survey Overview 1 Purpose 1 Methodology 1 Section 2: Colorado Urban Renewal Statutes and Blighted Areas 3 Section 3: Conditions Indicative of the Presence of Blight 6 Slum, Deteriorated, or Deteriorating Structures: 6 Predominance of Defective or Inadequate Street layout: 6 Faulty lot layout: 7 Unsanitary or Unsafe Conditions: 7 Deterioration of Site or Other Improvements: 8 Unusual Topography or Inadequate Public Improvements or Utilities: 9 Defective or Unusual Conditions of TItle: 9 Existence of Conditions that Endanger life or Property: 9 Buildings that are Unsafe or Unhealthy for Persons to live or Work In: 10 Environmental Contamination of Buildings or Property: 10 Existence of Factors Requiring High levels of Municipal Service: 10 Section 4: Survey Area Location, Definition, and Description 12 Section 5: Survey Findings 16 Slum, Deteriorated or Deteriorating Structures: 16 Predominance of Defective or Inadequate Street layout: 18 18 Faulty lot layout: 20 Unsanitary or Unsafe Conditions: 21 Deterioration of Site or Other Improvements: 24 Unusual Topography or Inadequate Public Improvements 28 Defective or Unusual Conditions ofntle: 30 Existence of Conditions that Endanger life or Property: 30 Buildings that are Unsafe or Unhealthy for Persons to live or Work In: 31 Environmental Contamination of Buildings or Property: 31 Existence of Factors Requiring High levels of Municipal Services: 36 Section 6: Survey Summary and Recommendation 39 Conclusion 39 Table of Contents '-70/Kipling Corridors Conditions Survey ii Tab'eofContents 1-70 /Kipling Corridors Conditions Survey Section 1: Survey Overview Purpose The /-70/Kipling Corridors Conditions Survey ("Survey") is an examination and analysis of various conditions found within a defined geographic area to determine if the area qualifies as "blighted"within the meaning of the Colorado Urban Renewal law. The Survey is a necessary step if urban renewal, as defined and authorized by Colorado statutes, is to be used as a tool by the City of Wheat Ridge ("City") to remedy and prevent conditions of blight. The findings and conclusions presented in this report are intended to assist the Wheat Ridge City Council in making a final determination as to whether the Survey Area qualifies as blighted and, consequently, the feasibility and appropriateness of using urban renewal as a reinvestment tool. To conduct the Survey and prepare the Survey report, the City of Wheat Ridge retained the services of Denver-based consulting firms Matrix Design Group (planning, environmental, engineering, and design services) and leland Consulting Group (market, economic, and financial analysis). Methodology The defined geographic area ("Survey Area") examined in this conditions survey is within the Wheat Ridge municipal boundaries as defined by the City in December of 2008. A map depicting the boundaries of the Survey Area is presented in Section 4 of this report as Exhibit 2: Survey Area Boundary and Parcel Map. To conduct this Survey, the project team conducted a field investigation in the Fall of 2008 for the purpose of documenting factors of blight as identified in the Colorado Urban Renewal statutes. Pertinent Geographic Information Systems (GIS) data were obtained from the City of Wheat Ridge and subsequently analyzed by the consultant team. Additional information was obtained from the local fire districts and the Wheat Ridge Police, Public Works and Community Development departments. Survey Overview 1 /-70/Kipling Corridors Conditions Survey While the Survey Area's 486 legal parcels were used as the primary units of observation during the data collection process and the field survey, in order to organize the blight data and prepare supporting graphic illustrations of the findings, these parcels were combined into 44larger"blocks': Each block, consisting primarily of a group of contiguous parcels bounded by public rights-of-way, was assigned a unique identification number for purposes of this Survey, as reflected in Exhibit 2: Survey Area Boundaries. Finally, the Survey results and the information gathered from the City were categorized and analyzed as to their applicability to the blight factors outlined in the Colorado Urban Renewal statutes, and were prepared and presented in this report for consideration by the Wheat Ridge City Council. 2 Survey Overview /-70 /Kipling Corridors Conditions Survey Section 2: Colorado Urban Renewal Statutes and Blighted Areas In the Colorado Urban Renewal Law, Colo. Rev. Stat. § 31 -25-101 et seq. (the"Urban Renewal Law"), the legislature has declared that an area of blight "constitutes a serious and growing menace, injurious to the public health, safety, morals, and welfare of the residents of the state in general and municipalities thereof; that the existence of such areas contributes substantially to the spread of disease and crime, constitutes an economic and social liability, substantially impairs or arrests the sound growth of municipalities, retards the provision of housing accommodations, aggravates traffic problems and impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and that the prevention and elimination of slums and blight is a matter of public policy and statewide concern .. . :' Under the Urban Renewal Law, the terrn "blighted area" describes an area with an array of urban problems, including health and social deficiencies, and physical deterioration. See Colo. Rev. Stat. § 31-25-103(2). Before remedial action can be taken, however, the Urban Renewal Law requires a finding by the appropriate governing body that an area such as the Survey Area constitutes a blighted area.ld. § 107(1). The blight finding is a legislative determination by the municipality's governing body that, as a result of the presence of factors enumerated in the definition of "blighted area;'the area is a detriment to the health and vitality of the community requiring the use of the municipality's urban renewal powers to correct those conditions or prevent their spread. In some cases, the factors enumerated in the definition are symptoms of decay, and in some instances, these factors are the cause of the problems. The definition requires the governing body to examine the factors and determine whether these factors indicate a deterioration that threatens the community as a whole. For purposes of the Study, the definition of a blighted area is articulated in the Urban Renewal Law as follows: Colorado Urban Renewal Statutes and Blighted Areas 3 1-70 I Kipling Corridors Conditions Survey "Blighted area"' means an 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 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 improvements; f. Unusual topography or inadequate public improvements or utilities; g. Defective or unusual conditions of title rendering the title non-marketable; 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, dilapidatian, deterioration, defective design, physical construction, or faulty or inadequate facilities; j. Environmental contamination of buildings or property; or k.5. 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" In addition, paragraph (1.) states, "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 anyone of the factors specified in paragraphs (a) to (k.5) of this subsection .. ,," The statute also states a separate requirement for the number of blight factors that must be present if private property is to be acquired by eminent domain. At § 31 -25-105.5(5), paragraph (a.) states, "Blighted area' shall have the same meaning as set forth in section 31 -25-103 (2); except that, for purposes of this section only, 'blighted area' means an area that, in its present condition and use and, by reason of the presence of at least five of the factors specified in section 31-25-103 (2)(a) to (2)(1) .. ,," 4 Colorado Urban Renewal Statutes and Blighted Areas 1-70 I Kipling Corridors Conditions Survey Thus, the state statutes require, depending on the circumstances, that a minimum of either one, four, or five blight factors be present for an area to be considered a "blighted area:' Several principles have been developed by Colorado courts to guide the determination of whether an area constitutes a blighted area under the Urban Renewal Law. First, the absence of widespread violation of building and health codes does not, by itself, preclude a finding of blight. According to the courts, "the definition of'blighted area' contained in [the Urban Renewal Law] is broad and encompasses not only those areas containing properties so dilapidated as to justify condemnation as nuisances, but also envisions the prevention of deterioration:' Second, the presence of one well-maintained building does not defeat a determination that an area constitutes a blighted area. Normally, a determination of blight is based upon an area "taken as a whole;' and not on a building-by-building, parcel-by-parcel, or block-by-block basis. Third, a city's "determination as to whether an area is blighted ... is a legislative question and the scope of review by the judiciary is restricted:' A court's role in reviewing such a blight determination is simply to verify independently if the conclusion is based upon factual evidence and consistent with the statutory definition. Based upon the conditions identified in the Survey Area, this report makes a recommendation as to whether the Survey Area qualifies as a blighted area. The actual determination itself remains the responsibility of the Wheat Ridge City Council. Colorado Urban Renewal Statutes and Blighted Areas 5 1-70 /Kipling Corridors Conditions Survey Section 3: Conditions Indicative of the Presence of Blight As discussed in Section 2, the Colorado Urban Renewal statutes provide a list of 11 factors that, through their presence, may allow an area to be declared as blighted. This section elaborates on those 11 factors by describing some of the conditions that might be found within a Survey Area that would indicate the presence of those factors. Slum, Deteriorated, or Deteriorating Structures: During the field reconnaissance of the Survey Area, the general condition and level of deterioration of a building is evaluated. This examination is limited to a visual inspection of the building's exterior condition and is not a detailed engineering or architectural analysis, nor does it include the building's interior. The intent is to document obvious indications of disrepair and deterioration to the exterior of a structure found within the Survey Area. Some of the exterior elements observed for signs of deterioration include: Primary elements (exterior walls, visible foundation, roof) Secondary elements (fascia/soffits, gutters/downspouts, windows/doors, fa~ade finishes, loading docks, etc.) Ancillary structures (detached garages, storage buildings, etc.) Predominance of Defective or Inadequate Street Layout: The presence of this factor is determined through a combination of both field observation as well as an analysis ofthe existing transportation network and vehicular and pedestrian circulation patterns in the Survey Area by persons with expertise in transportation planning and/or traffic engineering. These conditions include: Inadequate street or alley widths, cross-sections, or geometries Poor provisions or unsafe conditions for the flow of vehicular traffic Poor provisions or unsafe conditions for the flow of pedestrians Insufficient roadway capacity leading to unusual congestion of traffic 6 Conditions Indicative of the Presence of Blight /-70/Kipling Corridors Conditions Survey Inadequate emergency vehicle access Poor vehicular/pedestrian access to buildings or sites Poor internal vehicular/pedestrian circulation Excessive curb cuts/driveways in commercial areas These conditions can affect the adequacy or performance of the transportation system within the Survey Area, creating a street layout that is defective or inadequate. Faulty lot layout in Relation to Size, Adequacy, Accessibility, or Usefulness: This factor requires an analysis of the parcels within the Survey Area as to their potential and usefulness as developable sites. Conditions indicative of the presence of this factor include: Lots that are long, narrow, or irregularly shaped Lots that are inadequate in size Lots with configurations that result in stagnant, misused, or \lnused land This analysis considers the shape, orientation, and size of undeveloped parcels within the Survey Area and if these attributes would negatively impact the potential for development of the parcel. This evaluation is performed both through observation in the field and through an analysis of parcel boundary maps of the Survey Area. Unsanitary or Unsafe Conditions: Conditions observed within the Survey Area that qualify under this blight factor include: Floodplains or flood prone areas Inadequate storm drainage systems/evidence of standing water Poor fire protection facilities Conditions Indicative of the Presence of Blight 7 '~70 /Kipling Corridors Conditions Survey Above average incidences of public safety responses Inadequate sanitation or water systems Existence of contaminants or hazardous conditions or materials High or unusual crime statistics Open trash dumpsters Severely cracked, sloped, or uneven surfaces for pedestrians Illegal dumping Vagrants/vandalism/graffitilgang activity Open ditches, holes, or trenches in pedestrian areas These represent situations in which the safety of individuals, especially pedestrians and children, may be compromised due to environmental and physical conditions considered to be unsanitary or unsafe. Deterioration of Site or Other Improvements: The conditions that apply to this blight factor reflect the deterioration of various improvements made on a site other than building structures. These conditions may represent a lack of general maintenance at a site, the physical degradation of specific improvements, or an improvement that was poorly planned or constructed. Overall, the presence of these conditions can reduce a site's usefulness and desirability and negatively affect nearby properties. Neglected properties or evidence of general site maintenance problems Deteriorated signage or lighting Deteriorated fences, walls, or gates Deterioration of on-site parking surfaces, curb & gutter, or sidewalks Poorly maintained landscaping or overgrown vegetation Poor parking lot/driveway layout Unpaved parking lot on commercial properties 8 Conditions IndicQtive of the Presence of Blight /-70 /Kipling Corridors Conditions Survey Unusual Topography or Inadequate Public Improvements or Utilities: The focus of this factor is on the presence of unusual topographical conditions that could make development prohibitive, such as steep slopes or poor load-bearing soils, as well as deficiencies in the public infrastructure system within the Survey Area that could include: Steep slopes /rock outcroppings /poor load-bearing soils Deteriorated public infrastructure (street/alley pavement, curb, gutter, sidewalks, street lighting, storm drainage systems) Lack of public infrastructure (same as above) Presence of overhead utilities or billboards Inadequate fire protection facilities/hydrants Inadequate sanitation or water systems Defective or Unusual Conditions of Title Rendering the Title Non-Marketable: Certain properties can be difficult to market or redevelop if they have overly restrictive or prohibitive clauses in their deeds or titles, or if they involve an unusually complex or highly divided ownership arrangement. Examples include: Properties with covenants or other limiting clauses that significantly impair their ability to redevelop Properties with disputed or defective title Multiplicity of ownership making assemblages of land difficult or impossible Existence of Conditions that Endanger Life or Property by Fire and Other Causes: A finding of blight within this factor can result from the presence of the following conditions, which include both the deterioration of physical improvements that can lead to dangerous situations as well as the inability for emergency personnel or equipment to provide services to a site: Conditions Indicative of the Presence of Blight 9 '·70 /Kipling Corridors Conditions Survey Buildings or sites inaccessible to fire and emergency vehicles Blocked/poorly maintained fire and emergency access routes/frontages Insufficient fire and emergency vehicle turning radii Buildings or properties not in compliance with fire codes, building codes, or environmental regulations Buildings that are Unsafe or Unhealthy for Persons to Uve or Work In: Some of the conditions that can contribute to this blight factor include: Buildings or properties not in compliance with fire codes, building codes, or environmental regulations Buildings with deteriorated elements that create unsafe conditions Buildings with inadequate or improperly installed utility components Environmental Contamination of Buildings or Property: This factor represents the presence of contamination in the soils, structures, water sources, or other locations within the Survey Area. Presence of hazardous substances, liqUids, or gasses Existence of Factors Requiring High Levels of Municipal Services or Substantial Physical Underutilization or Vacancy of Sites, Buildings, or Other Improvements: The physical conditions that would contribute to this blight factor include: Sites with a high incidence of fire, police, or emergency responses Sites adjacent to streets/alleys with a high incidence of traffic accidents 1 0 Conditions Indicative of the Presence of Blight 1-70 I Kipling Corridors Conditions Survey Sites with a high incidence of code enforcement responses An undeveloped parcel in a generally urbanized area A parcel with a disproportionately small percentage of its total land area developed Vacant structures or vacant units in multi-unit structures Conditions Indicative of the Presence of Blight 11 /-70/Kipling Corridors Conditions Survey Section 4: Survey Area Location, Definition, and Description The 1-70/Kipling Corridors Conditions Survey Area is located in the City of Wheat Ridge, Colorado, roughly following a U-shaped corridor that runs north along Interstate 70 beginning at 32nd Avenue, then east along the Interstate until Kipling Street, and finally south along Kipling Street until 26th Avenue. The western third of the Survey Area covers property around the 1-70/Highway 58 interchange, including commercial areas along Youngfield Street as well as undeveloped property southwest of the interchange. The middle third of the Survey Area is generally bounded by Ward Road on the west, Kipling on the east, Interstate 70 on the south, and Ridge Road on the North. Finally, the eastern third ofthe Survey Area covers property around the 1-70 /Kipling interchange, as well as property on both sides of Kipling Street south of the interchange to 35th Avenue as well as a final set of parcels on the northwest corner of Kipling St. and 26th Avenue. Exhibit 1: Survey Area Context, shows the location of the Survey Area within the context of the City of Wheat Ridge and surrounding municipalities. The Survey Area is approximately 1,174 acres in size. Of that total. 860 acres make up the Area's 486 real property parcels, and the remaining 314 acres are occupied by rights-of-way. As mentioned in Section 1, the real property parcels in the Survey Area have been combined into larger"blocks"for the purposes of this report. Exhibit 2: Survey Area Boundaries visually depicts the layout and configuration of the Survey Area and the boundaries of the individual blocks within. 12 Survey Area Location, Definition and Description 1-70 /Kipling Corridors Conditions Survey ~ c: (3 a: <> ~ >LU '" ~ Z ~ • LU ~ £:) -I-.", ~ ;B Survey Area Location, Def1nition, and Description 13 1-70 I Kipling Corridors Conditions Survey I 1 -I \ ' ,I 11 -~ " l----\ -1 1-"n" \ : : ".l---4. , I /"' I ,-, I _ ~ ~L-7 1 I I ;-I --I I , I \ I ~-I , /-I /-I I 1 I I II 14 Survey Area Location, Definition, and Description /I -I 1:-1 I I I -i I I , I -' IT -I ,I-I I -;1 I I -I I I Id ! I II j ODD -=---'~ ll \ /'-;-i-1 n , \ , \ "-, I; i ; , " , //-, I , \ I , , \ ' //, , I I //J } ,,,~ , c ~ ~ ~ -I \ I I ~\ II r \ ~ ~ . \ , -'I '-•• .~'" .g <: ~'" «'~" ~ Jl r',j .~ ~ ;B 1-70 I Kipling Corridors Conditions Survey A range of land uses are found in the Survey Area, the most notable of which are: The Applewood Village Shopping Center located northeast of the 32nd & Youngfield intersection Various hotel, restaurant, large-format retail, and higher-density residential uses in the vicinity of the Interstate 70 /Kipling Street Interchange Manufacturing and light industrial uses north of 1-70 between Kipling Street and Ward Road Recreational, park, residential, and small commercial uses along Kipling Street By acreage, the majority of the Survey Area is commercial or industrial (57%). The next highest category is vacant or undeveloped land, which makes up more than a third of the Area (38%). Residential is by far the least common land use, with only 5% of the total acreage in the Survey Area being devoted to housing, with the majority being multi-family apartment buildings. . . Survey Area Location, Definition, and Description 15 /-70 /Kipling Corridors Conditions Survey Section 5: Survey Findings The overall findings of the 1-70/Kipling Corridors Conditions Survey are presented in this section. These findings are based on the analysis of data collected in a field study conducted in the Fall of 2008. Slum, Deteriorated or Deteriorating Structures: As described in Section 3, Slum, Deteriorated or Deteriorating Structures is a factor that focuses on the physical condition of structures within the Survey Area. The assessment of this factor was primarily performed during the field survey, with 19 blocks identified as containing at least one structure that exhibits these conditions to a substantial degree. The following photos provide some examples of instances of Slum, Deteriorated, or Deteriorating Structures that were found within the Survey Area. Deteriorated roof, peeling paint, other exterior finish problems 16 Survey Findings 1-70 /Kipling Corridors Conditions Survey Boorded windows, peeling paint, deteriorated roof Boarded windows and groffiti Survey Findings 1 7 f· 70 /Kipling Corridors Conditions Survey The prevalence of these conditions within the Survey Area provide sufficient evidence to make a finding of Slum/Deteriorated Structures. Predominance of Defective or Inadequate Street Layout: Many of the roads in the Survey Area provide narrow or nonexistent sidewalks, including areas where pedestrians would reasonably be expected to walk, such as around bus stops. Additionally, the lack of road and intersection capacity to meet automobile traffic demand in certain sections of the Survey Area, combined with an overall lack of connectivity north of Interstate 70, can create a frustrating experience for drivers. According to a memorandum obtained from the Wheat Ridge Police Department on October 31, 2008, Kipling Street in the vicinity ofthe 1-70 interchange (W. 44th Ave to W. 52nd Ave) is heavily congested and consequently has a relatively high incidence of traffic accidents. A separate memorandum from the Wheat Ridge Public Works Department dated November 3, 2008 further elaborates on issues with the road network in the Survey Area. Following are some of its findings. 18 Survey Findings The Denver Regional Council of Governments' Metro Vision Transportation plan has identified the need to widen Kipling from a four to a six lane arterial. All the interchanges on Interstate 70 in the Survey Area are inadequate for the amount of traffic they must carry. This includes the 1-70/Kipling St. Street interchange, the 1-70/44th Ave /Ward Road interchange, and the 1-70/32nd Ave. interchange. There is a general lack of east-west access in the portion of the Survey Area north of 1-70. Similarly, there is a lack of access across the interstate in that same area. Numerous intersections of surface streets are inadequate in capacity, including 49th & Kipling, 44th & Ward Road, 44th & Youngfield, and 32nd & Youngfield. f· 70 I Kipling Corridors Conditions Survey A bus stop located in an area with no curb, gutter, or sidewalk t"} -(-0 -._-.. ...........-..... O · -...J '"Jt::-IIIIIIIIII!IIThe Survey Area north ofl-70 between Kipling St. and Ward Rd. suffers from a lack of connectivity Survey Findings 19 1~ 70 /Kipling Corridors Conditions Survey In total, 36 blocks within the Survey Area are documented as exhibiting this blight factor. The circulation issues described for both automobile and pedestrian traffic are both sufficient and widespread enough to justify a finding of Predominance of Defective or Inadequate Street Layout within the Survey Area. Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or Usefulness: Instances of the Faulty Lot Layout blight factor found in the Survey Area arise due to one or more of the following reasons: Parcels that are too small to be redeveloped under existing zoning codes without assemblage Parcels that are awkwardly shaped and difficult to develop under existing zoning codes Parcels that rely on parcel assemblages or easements on other parcels to gain access to public roads Information regarding parcel layouts was derived from parcel maps rather than visual observation during the field survey. This area just south of the Kipling //-70 interchange has large parcels with poor access as well as small, narrow, and awkwardly shaped parcels 20 Survey Findings 1-70 /Kipling Corridors Conditions Survey Generally, parcel assemblages were not assumed as a given. In other words, issues with some parcels lacking access to public rights-of-way or sufficient space to develop could be mitigated if parcel assemblages were to be made, but this fact does not prevent these defective parcels from being considered to have a faulty lot layout. A total of 27 blocks were identified that contained at least one or more lots with a faulty layout, justifying the documentation of Faulty Lot Layout as existing within the Survey Area. Unsanitary or Unsafe Conditions: The presence of the Unsanitary or Unsafe Conditions factor is usually associated with instances of deteriorating, neglected properties or in cases where safety precautions are not taken. In the Survey Area, the biggest safety concern observed was the lack of adequate pedestrian facilities, including on some sections of busier roads with transit service. Another source of blight contributing to the Unsanitary and Unsafe category is the high level of congestion in portions of the Survey Area. As mentioned earlier, the congestion levels in the vicinity of the 1-70 /Kipling Street interchange contribute to an above-average incidence of police responses to traffic accidents in the area. According to the aforementioned memorandum obtained from the Wheat Ridge Police Department dated October 31, 2008, public safety responses to incidents of crime are unusually high and show"clustering" nearthe 1-70 /Kipling Street interchange. Many of Wheat Ridge's hotels and motels are located in this area, and some routinely generate high levels of emergency calls. The following images illustrate just three examples of the Unsanitary and Unsafe blight factor which were found within the Survey Area. Survey Findings 21 1-70/Kipling Corridors Conditions Survey Frequent curb cuts combined with a lack of sidewalks in this part of the Survey Area present a hazardous situation far pedestrians A lack of road shoulders and sidewalks relegates pedestrians ta walking in the dirt or on the street 22 Survey Findings 1-70 I Kipling Corridors Conditions Survey Three buckets of an unknown substance discarded on the side of road in the Survey Area This railroad crossing is poorly marked, very uneven, and requires a stop shortly after the crossing, conceivably forcing larger trucks to block the tracks Survey Findings 23 1·70 /Kipling Corridors Conditions Survey In all, 23 separate blocks were considered to show signs of the Unsanitary or Unsafe Conditions factor, providing sufficient evidence to warrant a finding of this type of blight within the Survey Area. Deterioration of Site or Other Improvements: The most common and prolific occurrence of deterioration under this blight factor in the Survey Area is parking surface deterioration. This includes situations where parking blocks have not been well maintained, as well as problems with the parking surface itself. Parking surface issues range from gravel patches and small potholes to complete deterioration of the asphalt surface to the point where the underlying earth is exposed. Other notable sources of this blight factor found in the Survey Area included issues with deteriorated signs and advertisements, unpaved commercial parking lots, excessive litter, dumping, and debris. The photographs below show examples of instances of site deterioration and neglect. Shifted and uneven parking blacks 24 Survey Findings 1-70 /Kipling Corridors Conditions Survey Parking blocks strewn across lot Deteriorated parking surface Survey Findings 2S /-70/Kipling Corridors Conditions Survey Deteriorated parking surface Dilapidated signage 26 Survey Findings '~70 /Kipling Corridors Conditions Survey Poorly maintained site with debris from deteriorated structure Unpaved commercial parking lot Survey Findings 27 1-70 I Kipling Corridors Conditions Survey In total, 26 blocks showed some form of deteriorating site improvements. Conditions pertaining to this factor are prevalent enough in the Survey Area for a finding of Deterioration of Site or Other Improvements to be made. Unusual Topography or Inadequate Public Improvements In the Survey Area, topography was rarely found to be an impediment to development or redevelopment, but public infrastructure was found to be insufficient or lacking in certain areas to the point where it could discourage future redevelopment projects. The most prevalent instances of this blight factor were deteriorated or nonexistent curb /gutter, pavement, and sidewalks. Excessive overhead utilities were also observed in numerous areas throughout the Survey Area. The following photos show blight examples that fall under this category. An inconsistent gravel bed substitutes for a pedestrian sidewalk along an arterial 28 Survey Findings /-70/Kipling Corridors Conditions Survey A pothole, filled with gravel, lies where a curb, gutter, and sidewalk should be A sign forces pedestrians to walk close to a busy road where there are no curb, gutter, or sidewalks Survey Findings 29 1-70 I Kipling Corridors Conditions Survey As 20 blocks were found to contain examples of inadequate public improvements, a finding under this factor for the Survey Area has been made. Defective or Unusual Conditions of Title Rendering the Title Non-marketable: No parcels within the Survey Area have been identified as having provisions in their titles with the potential for causing a hindrance to redevelopment. However, this does not mean that such parcels do not exist. This blight factor was not assessed during the field survey; instead, the project team relied on information from the City of Wheat Ridge regarding the issue of overly restrictive or defective property titles hampering redevelopment. As of the time of this writing, the project team has not received any information indicating the existence of titles within the Survey Area restricting development, and therefore, a finding of Defective or Unusual Conditions of Title Rendering the Title Non-Marketable has not been made within the Survey Area. Existence of Conditions that Endanger Life or Property by Fire and Other Causes: A portion of the Survey Area is located within the Arvada Fire Protection District, which provided information to the project team regarding recent fire loss and conformance to fire codes. Eleven properties were identified in a memorandum sent by the Fire Protection District on December 1,2008 as having frequently violated the fire code or having experienced fire loss. Most of these properties are located in the vicinity of the 1-70 /Kipling Street interchange, and are commercial in nature, but a few multi-unit apartment buildings also made the list. While instances of this type of blight were found on relatively few blocks compared to other types of blight examined thus far, significant fire safety issues did exist in a concentrated number of larger buildings. For this reason, the project team made a positive finding of Existence of Conditions that Endanger Life or Property by Fire and Other Causes. 30 Survey Findings 1-70/Kipling Corridors Conditions Survey Buildings that are Unsafe or Unhealthy for Persons to Live or Work In: Buildings that are Unsafe or Unhealthy for Persons to Live or Work In results in similar findings to those found under the previous category, Existence of Factors that Endanger Life or Property by Fire or Other Causes, but expands the range of safety issues it considers. Aside from fire safety issues, other more minor concerns emerged, including instances of rodent infestations, improperly installed swimming pool fencing, bedbug infestations, and gas lines unprotected from vehicles. (Memorandum from Wheat Ridge Community Development, December 10, 2008). While the geographical concentration of this blight factor resulted in relatively few blocks showing a positive finding, mostly around the 1-70/Kipling Street interchange, the blocks that did turn up positive often had fairly significant issues in high-density structures. Therefore, on an overall basis, the Buildings that are Unsafe or Unhealthy for Persons to Live or Work In factor was found to be present in the Survey Area. Environmental Contamination of Buildings or Property: This factor is generally considered present where there is documented evidence of the existence of hazardous contaminants in the soils, water or structures of an area. Matrix Environmental Services, Inc. conducted a review of existing environmental data regarding properties within the Survey Area, and found properties with sufficient evidence of some environmental contamination. The specific findings are summarized in the following three memoranda: Property Name: Coastal Fuel Service Station Property Address: S190 Ward Rd Spill Description: gasoline, unknown quantity, 11/2S/98 Site1D:6T Status: Site currently impacted with petroleum greater than regulatory standards Survey Findings 31 /-70 /Kipling Corridors Conditions Survey Matrix conducted a document review for the current Coastal fuel service station at 5190 Ward Rd. (fuel service station) in accordance with practices and procedures generally accepted by the environmental conSUlting industry. The fuel service station is within the Wheat Ridge Survey Area and is considered in Matrix's document review because there are known, documented releases associated with their underground storage tanks. Other properties within the Survey Area may also contain environmental impacts; however, they have not been researched as part of this property's analysis. The review presented herein includes statements of professional opinion and is based on documents and information provided by and produced by others. Matrix has not performed a site walk or sampling of environmental media of any kind. The potential exists for unreported and unknown environmental issues associated with the fuel service station or surrounding areas that are not identified herein. No warranties, expressed or implied, are presented herein. On November 3, 2008 Matrix completed a cursory review of over SO documents for this property at the Division of Oil and Public Safety (OPS) at the Colorado Department of Labor and Employment. The documents indicated a petroleum release at the fuel service station occurred in November 1998. Multiple environmental investigations have been performed on the soil and groundwater at the fuel service station, including: 32 Survey Findings 12/1998 -Preliminary Site Assessment reports petroleum-impacted soil. 211999 -Site Assessment confirms petroleum-impacted soil and recommends a Corrective Action Plan (CAP). 6/2000 -CAP selects soil vacuum extraction/air sparging (sVElAs) remediation technologies. 4/2007 -Monitoring Reports submitted quarterly since startup of sVElAs system and 412007 Monitoring Report provides notice of planned sVEI AS system shutdown. 5/2007 -sVElAs system shutdown. 9/2008 -Quarterly monitoring continues and CAP Modification requests selection of Monitored Natural Attenuation (MNA) as remediation strategy to achieve cleanup standards. J~ 70 I Kipling Corridors Conditions Survey 10/2008 -OPS had not responded to MNA request. According to the most recent Quarterly Groundwater Monitoring report available at the time of Matrix's document review, the subsurface at the fuel service station is still impacted with petroleum hydrocarbons at concentrations greater than Colorado regulatory standards. Based on, and at the time of, the Matrix file review, documented environmental impacts from petroleum hydrocarbon releases are still present at this site within the Survey Area. Property Name: Amoco Service Station #5215 Property Address: 380S Kipling St. Spill Description: gasoline, unknown quantity, discovered 5/8/89 Site 10: 12B Status: Site currently impacted with petroleum greater than regulatory standards Matrix conducted a document review for the current Amoco fuel service station at 3805 Kipling St. (fuel service station) in accordance with practices and procedures generally accepted by the environmental consulting industry. The fuel service station is within the Survey Area and is considered in Matrix's document review because there are known, documented releases associated with their underground storage tanks. Other properties within the Survey Area may also contain environmental impacts; however, they have not been researched as part of this property's analysis. The review presented herein includes statements of professional opinion and is based on documents and information provided by and produced by others. Matrix has not performed a site walk or sampling of environmental media of any kind. The potential exists for unreported and unknown environmental issues associated with the fuel service station or surrounding areas that are not identified herein. No warranties, expressed or implied, are presented herein. On November 3, 2008 Matrix completed a cursory review of over 40 documents for this property at the Division of Oil and Public Safety (OPS) at the Colorado Department ofLabor and Employment. The documents indicated a petroleum release at the fuel service station discovered in May 1989. Multiple environmental investigations have been performed on the soil and groundwater at the fuel service station, including: Survey Findings 33 '~70/Kipling Corridors Conditions Survey 4/1995 -5upplementallnvestigation details petroleum-impacted groundwater. 10/1996 -Corrective Action Plan (CAP) proposes Monitored Natural Attenuation (MNA) with quarterly groundwater monitoring and free product removal if it appears in monitoring wells. OPS accepted CAP. 5/2003 -Groundwater monitoring continued quarterly, but CAP Modification proposed to include soil vacuum extraction/air sparging (SVElA5) system pilot study. 9/2003 -CAP Addendum submitted selecting Enhanced Fluid Recovery (EFR) and MNA as technologies to achieve cleanup standards. 6/2004 -4,700 gallons of groundwater/free product removed from subsurface by vacuum. 9/2008 -Groundwater monitoring continued quarterly, this monitoring report states clean up goal of March 2009 likely will not be achieved. One monitoring well reported to have 0.06 feet of free product present. According to the most recent Quarterly Groundwater Monitoring report available at the time of Matrix's document review, the subsurface at the fuel service station is still impacted with petroleum hydrocarbons at concentrations greater than Colorado regulatory standards. Based on, and at the time of, the Matrix file review, there are documented environmental impacts from petroleum hydrocarbon releases still present at this site within the Survey Area. Property Name: Circle K Service Station #2709885 Property Address: 4885 Kipling St. Spill Description: gasoline, unknown quantity, 8/28/06 SitelD: 13F Status: Site currently impacted with petroleum greater than regulatory standards Matrix conducted a document review for the currentTexaco fuel service station at 4885 Kipling 5t. (fuel service station) in accordance with practices and procedures generally accepted by the environmental consulting industry. The fuel service 34 Survey Findings 1-70 I Kipling Corridors Conditions Survey station is within the Survey Area and is considered in Matrix's document review because there are known, documented releases associated with their underground storage tanks. Other properties within the Survey Area may also contain environmental impacts; however, they have not been researched as part of this property's analysis. The review presented herein includes statements of professional opinion and is based on documents and information provided by and produced by others. Matrix has not performed a site walk or sampling of environmental media of any kind. The potential exists for unreported and unknown environmental issues associated with the fuel service station or surrounding areas that are not identified herein. No warranties, expressed or implied, are presented herein. On November 3, 2008 Matrix completed a cursory review of over SO documents for this property at the Division of Oil and Public Safety (OPS) at the Colorado Department of Labor and Employment. The documents indicated a petroleum release at the fuel service station reported in August 2006. Multiple environmental investigations have been performed on the soil and groundwater at the fuel service station, including: 11 /2006 -Site Summary Form received 1/2007 -Site Characterization Report presents sampling results for petroleum-impacted groundwater. 11/2007 -Site Characterization Report Addendum with updated petroleum-impacted groundwater results. 412008 -Corrective Action Plan (CAP) selecting Monitored Natural Attenuation (MNA) with quarterly monitoring. 7/2008 -OPS approves CAP. According to the most recent documents and correspondence available at the time of Matrix's document review, the subsurface at the fuel service station is still impacted with petroleum hydrocarbons at concentrations greater than Colorado regulatory standards. Based on, and at the time of, the Matrix file review, there are documented environmental impacts from petroleum hydrocarbon releases still present at this site within the Survey Area. Survey f indings 35 {-70 /Kipling Corridors Conditions Survey The ongoing contamination at the three gas station properties has lead the project team to conclude that the Environmental Contamination of Buildings or Property exists within the Study Area, and have made a positive finding of this type of blight. Existence of Factors Requiring High Levels of Municipal Services or Substantial Physical Underutilization or Vacancy of Sites, Buildings, or Other Improvements: The Wheat Ridge Police Department analyzed data from its Computer-Aided Dispatch and Records Management System collected over the past year to determine any patterns of unusual law enforcement throughout the Survey Area. This effort identified several properties and rights-of-way near the 1-70 & Kipling interchange area that received high numbers of'priority one' emergency calls in the past year. These properties include numerous high-density hotel and residential properties which generated anywhere between 100 and 450 calls for service each in the past year, disproportionately burdening the Police Department's limited resources. Additionally, vehicle crimes including theft and break-ins are also frequent in the Survey Area, showing"clustering" near the 1-70/Kipling Street interchange when displayed geographically. A secondary cluster is present just north of 32nd & Youngfield, in the southwestern portion of the Survey Area. Finally, vacancies were found in the Survey Area to a moderate degree. (Five blocks were found to have vacant structures on them, or have multi-unit commercial structures with a significant portion of the units sitting vacant). Other portions of the Survey Area were found to be largely undeveloped or underdeveloped, despite being in an urbanized area. The combination of high crime statistics and public safety calls and the presence of vacant structures and underutilized land provides sufficient evidence for the finding of the Existence of High Levels of Municipal Services or Substantial Physical Underutilization or Vacancy factor. 36 Survey Findin gs I~ 70 /Kipling Corridors Conditions Survey Vacant storefront Vacant storefront Survey Findings 37 /·70 /Kipling Corridors Conditions Survey Vacant, underutilized property In total, 33 of the 44 blocks showed either high levels of vacancy or required unusually high levels of municipal service in the past year. 38 Survey Findings 1-70 I Kipling Corridors Conditions Survey Section 6: Survey Summary and Recommendation Within the entire Survey Area, ten of the eleven blight factors were identified as being present. The blight factors identified are: Slum /Deteriorated Structures Predominance of Defective or Inadequate Street Layout Faulty Lot Layout in Relation to Size, Adequacy, 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 and other causes Buildings that are unsafe or unhealthy for persons to live or work in Environmental contamination of buildings or properties High Levels of Municipal Services or Underutilization or Vacancy of Sites, Buildings, or Other Improvements As discussed in Section 2, in order for an area to be declared blighted, a certain number of the eleven blight factors must be found within the Survey Area. Four of the eleven factors is the required required minimum, unless none of the property owners or tenants object to being included within an urban renewal area; then, the required minimum is only one of the eleven factors. In the event, however, that eminent domain is to be used to acquire property within the urban renewal area, the required minimum is five of the eleven factors. Since ten blight factors were identified within the Survey Area, a sufficient number of blight factors exist under any of the above scenarios. Conclusion It is the recommendation of this conditions survey report to the Wheat Ridge City Council that the Survey Area, in its present condition, contains a sufficient number of blight factors as required by the Colorado urban renewal laws for the Survey Area to be declared a "blighted area:' Whether or not the documented blight "substantially Study Summary and Recommendation 39 1-70 I Kipling Corridors Conditions Survey 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" is a determination that must be made by the Wheat Ridge City Council. 40 Study Summary ond Recommendation [-70/Kipling Corridors Urban Renewal Plan Wheat Ridge, Colorado Attachment 2 1-70 /Kipling Corridors Jefferson County Impact Report L: 1-70jKipling Corridors Urban Renewal Plan Jefferson County Impact Report Wheat Ridge, Colorado June 2009 Prepared for: Wheat Ridge Urban Renewal Authority Wheat Ridge, Colorado City Council Prepared by: Leland Consulting Group (LCG) LELAND CONSULTING GROUP 1 L: 1-70jKipling Corridors Urban Renewal Plan Jefferson County Impact Report Wheat Ridge, Colorado June 2009 This report outlines the anticipated impact of the proposed 1-70/Kipling Corridors Urball Reuewal Plall on Jefferson County (the County). It responds to the requirements outlined in CR.S. 31-25-107 (3.5): CR.S. 31-25-107: APPROVAL OF URBAN RENEWAL PLANS BY THE LOCAL GOVERNING BODY (3.5) "Prior to the approval of an urban renewal plan, the governing body shall submit such plan to the board of county commissioners, which shall include, at a minimum, the following information concerning the impact of such plan: I. The estimated duration of time to complete the urban renewal project; II. The estimated annual property tax increment to be generated by the urban renewal project and the portion of such property tax increment to be allocated during this period to fund the urban renewal project; III. An estimate of the impact of the urban renewal project on county revenues and on the cost and extent of additional county infrastructure and services required to serve development within the proposed urban renewal area, and the benefit of improvements within the urban renewal area to existing county infrastructure; IV. A statement setting forth the method under which the authority or the municipality will finance, or that agreements are in place to finance, any additional county infrastruchlfe and services required to serve development in the urban renewal area for the period in which all or any portion of the property taxes described in subparagraph (ii) of paragraph (a) of subsection (9) of this section and levied by a county are paid to the authority; and V. Any otller estimated impacts of the urban renewal project on county services or revenues.1I LELAND CONSULTING GROUP 2 L: Summary of Urban Renewal Plan Development Program The proposed development program for the 1-70/Kiplillg Corridors Urball Rellewal Plall is consistent with current policy documents and plans for the City of Wheat Ridge and is subject to change. The anticipated development program is summarized in Table 1. Table 1 I-70/Kipling Corridors Urban Renewal Plan Proposed Development Pro2:ram New Redevelopment: Retail Office Residential (60% Rental; 40% Ownership) Source: Leland Consulting Group. Development Timing Building SF/Units 425,000 200,000 500 The development timetable for the proposed program presented above will ultimately be determined by prevailing market conditions. A critical component of the analysis presented here is the assumption that key parcels within the planning area will be redeveloped into a mix of office, retail/commercial, employment and residential uses, some at densities greater than is evident in the market today. For the purposes of this analysis, it was assumed that redevelopment and new development in the 1-70/Kipling Corridors Urban Renewal Area (the Urban Renewal Area) would be substantially completed during the 25-year analysis period. LELAND CONSULTING GROUP 3 L: Summary Impacts to Jefferson County Property Tax Revenue Table 2 at the end of this report provides a summary of property and sales tax revenues that could be generated from new redevelopment within the Urban Renewal Area. Estimates are based on the development program outlined above and reflect the 25-year tax increment periods. For the purposes of this analysis, it is assumed that 100% of the total property and sales tax increment over each of the 25-year periods would be dedicated to the Urban Renewal Area. As presented in Table 2, and based on the proposed development program, investment in the Urban Renewal Area could generate approximately $58.8 million in incremental property tax revenues over the 25-year analysis period. Currently, the property tax base in the Urban Renewal Area is approximately $8,584,000. During the 25-year analysis period, the County's share of property tax revenue would be limited to its share of the property tax base, or approximately $2.6 million annually (on average), or $63.9 million over the 25-year period. During this same tax increment period, the County would defer approximately $16.5 million in property tax revenue. After the 25-year analysis period is completed, the County's share of property tax revenues would be approximately $4.0 million on an annual basis. These figures do reflect the impacts of inflation, estimated at approximately 1 % to 2% on an annual basis. LELAND CONSULTING GROUP 4 L: Sales Tax Revenue The current sales tax rate for the City of Wheat Ridge is 3.0% (this goes to the general fund), and the current sales tax base in the Urban Renewal Area is $7,063,356. Based on the development program presented above, investment in the Urban Renewal Area could generate approximately $102.1 million in incremental sales tax revenue for the City over a 25-year period. The County will retain its 0.5% rate on taxable sales in the Urban Renewal Area. Based on the proposed development program, the Urban Renewal Area would generate approximately $46.4 million in new sales tax revenue for the COlmty over the 25-year period. After the 25-year period is completed, the County's share of new sales tax revenues would be approximately $2.3 million on an annual basis. These sales tax revenue figures also reflect the impacts of inflation, estimated at approximately 2% on an annual basis. County Services /Infrastructure Because the entire Urban Renewal Area is located within the City of Wheat Ridge's municipal boundaries, there is anticipated to be a minimal impact on County services. infrastructure impacts associated with the proposed development program are assumed to be financed by the City of Wheat Ridge with increment revenues and/or some combination of increment dollars, general fund dollars and special district dollars (assuming future creation of an additional district layer). Impacts to the County's general government services could increase due to an increase in non-residential and residential development, but such impacts should also be relatively insignificant and more than offset by the increase in value realized by properties contiguous to the Urban Renewal Area. LELAND CONSULTING GROUP 5 L: Net Impact to County Table 2 also illustrates the net impact to the County over the 25-year tax analysis period. As shown, the County's net impact, in terms of tax revenue, is estimated to be a surplus of approximately $93.9 million. This estimate accounts for deferred property tax revenues of $16.5 million that would be directed to the Urban Renewal Area during the 25-year period. Conclusion In summary, and regarding "the impact of the Urban Renewal project on county revenues and on the cost and extent of additional county infrastructure and services required to serve development within the proposed Urban Renewal area" there do not appear to be any additional County infrastructure requirements required to serve development in the proposed Urban Renewal Area. Further, the City of Wheat Ridge does not contemplate that the County will have to provide any public improvements, police, fire, utility or other specific services to serve such development as properties in the area are entirely located within the municipal boundaries of the City and will therefore be served by the City. Finally, any additional demands (direct or indirect) on County services due to a general increase in population within the Urban Renewal Area should be more than offset (as are all other such costs) by increases in the base assessed value due to the periodic adjustment in the base assessment roll, as well as increases in property value located in proximity to the Urban Renewal Area. LELAND CONSULTING GROUP 6 TABLE 2 WHEAT RIDGE URBAN RENEWAL AUTHORITY 1-70/KIPLING CORRIDORS URBAN RENEWAL PLAN TIF ANALYSIS -URBAN RENEWAL AREA AND COUNTY IMPACTS JUNE 2009 170/Kipling Corridors Urban Renewal Area Total Incremental Property Tax Revenues from New Redevelopment Incremental Sales Tax Revenues Total Tax Revenue Increment Jefferson County Property Tax Revenues from Existing Base Property Tax Revenues Deferred From New Redevelopment Share of Sales Tax Revenues Net Tax Revenues -25-Year Period Source: Leland Consulting Group. 2013 2018 $582,283 $5,989,816 $2,311 ,816 $15,506,162 $2,894,098 $21,495,978 $12,155,302 $24,629,176 ($162,945) ($1 ,676,185) $6,271 ,433 $14,356,620 $18,263,789 $37,309,612 Cumulative Total By: I 2023 2028 2033 $19,298,003 $37,476,112 $58,839,069 $39,935,411 $68,773,691 $102 ,069,334 $59,233,414 $106,249,803 $160,908,403 $37,404,521 $50,514,687 $63,941 ,703 ($5,400,336) ($10,487,281 ) ($16,502,613) $24,314,292 $35,006,802 $46,442,206 $56,318,477 $75,034,209 $93,881,295 7 TABLE 2 (CONrO) WHEAT RIDGE URBAN RENEWAL AUTHORITY 1·70/KIPUNG CORRIDORS URBAN RENEWAL PLAN TIF ANALYSIS -JEFFERSON COUNTY IMPACT JUNE 2009 O' .... lopment Program N.w R.d ..... lopm.nt: Re t.il~ Offiu RlI$idenU.1 (60% Rental: 40% O'MIership) AnnWlI Prop.rty Tn Re ... nu. Estlmat •• Estimatltd ClimullbW Development Denwnd: R.t.iI~ Offiu RlI$lCIenllal (60% Rent.ill: 40% Ownership) EldnlMod o.v~ "'n.t V.w, RetU 0 ... Residential (80"10 Rent.ill: 40% Ow'IetIhip) EsbmllffKi DewJopment Asseued V81ue: Reta. 0'" RlI$idenliai (60% R.ntal: 40% Own.rshlp) EstinMffKi Dev.Jopment Pro~rty Tax R ..... nllll$ (87 rrIIts): Reta~ 0 ... Resid.ntlal (60% R.ntal: 40% O....ntIrship) Total Property Tn R.wnIM. trom N.w R.d .... lopm.nt: Totll Prop.rty Tn R ..... nue. trom Exi.ting O' ... lopm.nt: Total Prop.rty Tn Re ... nue.: ElI:i.tlng Prop.rty T.lI: e ... : Total Property T.lI: IneAm.nt: County /mpKt County Sh .... of Property Tn e. .. : County sn.,.. or Property Tn Ine,.."...nt: Totll County Sh .... of Property Till: R ..... ..... nue: Eslimlted Curnulllw. Retai o.v'lo9menl: Estimated T 1.1lIb1e Retail s.les tJom New Development: Total Slie. Till: Rewnu .. from New Rld .... lopm. nt: COunty /mpKt County Sh .... of Stl •• Tall: e. .. : County Sh .... ot New Slie. T.lI: RI ... nu.: Total County Sh .... of 51 ... T.lI: R .... nu.: Source: L,'and CotIlu.tlt!g GrOlip Building SFNnits 425,000 200,000 500 """" $175,000 21% 29% .% 0,08700 0,08700 0,08700 0,02435 0,02435 5250 3,00% 0,50% 0,50% 0,50% "09 o o o so SO $0 $0 $0 $0 $0 SO SO $0 $1.514,000 $8,514,000 $8,514,000 $0 52,402,139 $0 52.,402,139 SO $0 51 ,1n,226 " $1 ,1n,226 2010 10,000 o 25 51 ,030,000 $0 $4,506,250 $298,700 SO $358,696 SO $0 $0 SO $8,669,840 $8,669,&40 $8,669,a.40 $0 52,426,1&0 " U ,426,160 52.550,000 576,500 $1,188,991 $12,750 51,201,748 2011 35,000 10,000 50 S3,713,15O $1 ,326,125 $9,282,875 $1,076,814 $384.576 $738,917 $25,987 SO $31 ,207 $51 ,194 $8,669,840 $8,727,034 $8,669,840 $57,194 52,426,160 $0 52,426,160 59,103,sao $273,105 51 ,200,888 545,518 $1 ,246,406 2012 60,000 20,000 75 S6,556,362 $2,731 ,818 $14,342,042 $1 ,901 ,345 5792,227 $1 ,141 ,627 $93,663 $33,458 $64,286 $191 ,427 $8,756,538 $8,947,965 $8,756,538 5191 ,427 52,~0 ,422 " 52,~0,422 $15,918,120 S4n,s..4 $1,212,897 579,591 $1 ,292,488 V .. r 2013 95,000 30,,,0,0 0 $10,692,334 $4,220,5511 519,690,404 53,l00,m $1,223,991 $1 ,567,&34 $165,417 S68,924 599,322 5333,662 $8,751,531 59,090,201 $8,756,538 $333,662 U,~0, 422 " $2.,~0, 422 $25,707,764 5n1 ,233 51,225.026 5128,539 $1 ,353,565 2014 145,000 40,000 '50 $18,8O!I,474 $5,790,370 $30,430,944 $4,874,747 $1 ,&60,947 S2,422,3D3 $269,756 $106,487 $136,.02 $512.,656 $8,144,104 $9,356,760 $8,144,104 $512,656 $2,474,926 " U ,474,926 $40,022,929 51,200,688 51 ,237,276 $200,115 $1,437,391 2015 195,000 $0,,,0,0 0 $23,284,020 $7,462,827 $41 ,791 ,830 S6,752,366 $2,164,220 $3,326,630 $424,103 $146,242 $210,740 $781 ,086 $8,144,104 $9,625,190 $8,844,104 $781 ,086 52,474,926 SO 52,474,926 $54,900,418 $1 ,647,013 51 ,249,649 5274,502 51,524,151 2016 245,000 60,000 '50 $30,13 1,910 59,224,054 553,806,982 58,738,254 $2,674,976 $4,283.036 $587.456 $188,287 $289,4 17 51,065,160 $8,932,545 59,997,705 58,932,54.5 51,065,180 52.,499,675 SO 52.,499,675 $70,356,997 $2.,110,710 $1 ,262,146 5351,785 51,613,931 2017 295,000 70,000 300 537,369,717 511 ,084,238 566,505,429 $10,637,218 $3,21 4,429 55,293,832 5760,228 $232 ,723 5372,624 51,365,575 $8,932.545 51 0,2",1 20 $8,932,545 11 ,365,575 52,459,675 " 52,499,675 $86,409,879 $2,592,296 51 ,274,767 $432,049 51,706,816 • TABLE 2 (CONT'D) WHEAT RIDGE URBAN RENEWAL AUTHORITY 1·70/KIPUNG CORRIDORS URBAN RENEWAL PLAN TIF ANALYSIS -JEFFERSON COUNTY IMPACT JUNE 2009 Developm.nt Prollram Ntow R.d.velop...,."I: RetaU o.~ Reside"tiel (60% Rent.J: 40% O'Mlefship) A"""'II Proplrty Till Re ... " .... Estlmltll. &limIIted Cumulatiw Del/llJopment Demend: R.td o<~ R lIStden~" (60% Re"lIIJ; 40% O\wIerahlp) EIllfN(IId ~ M¥Ql V.w. RllIIiI ~ Re$ldenlllll (60% Re,,1IIJ; 40% OIMIerthlp) Estmllted Development An-lISud Vew: R.taiI ~ ResICMll'l1ieI (60% Re"t.aI; 40% ~Ip) ElJirMted Development Pro,.rty Til. R • .,.nu.. (87 mil): Rl tail 0"" Rn tde"tiai (60% RI"taJ; 40% O..,.,.rs.hlp) Total Property TIIlI R.ve" ..... from Ntow R.dlvelopm."t: Total Prop.rty Till R.ve"UII from Existing Developm.nt: Total Property TIIlI R.ve"u .. : ExiI1I"" Property TIIlI Bu.: Total Property TIIlII",,.me,,t: COlinty Im,.a: Cou"ty She,. of Property Tu, a. ... ; Co ... "ty sn..,. of Property TIll: I"" • ...,.nt: Total Cou"ty Sh.,. or Property Tax Reve"u.: A"" .... I 51 ... TIll: Rlve"ul Ellimatll. E5lm11ted Cumulawe Ritail Development: Estrnlited Tax.bII RIIta~ S.IIs from N_ Developmlnt Total s.i<I. Till Rlve"u .. from New Rldlvelopme"t: Total ~I Till Rlve"UI from ExI. Ii"" Dlvelopme"t: Total s.i<I. Tax R.ve" ...... : Exi.ti"g s. ... Till Sa ... : Total s.i<I. TII)II",,.me"l: Collnty /mpect; County Sh.,.. of Sli<I. Tn Sa ... : Cou"ty Sh.,.. of Ntow s.i<I. T .. ReW"UI: Total Co ... nty Sh.,.. of s. ... Till Rlve"u.: Sourot L"end Conlll.t.ng Group B ... ild in" SFIIJ"It. 425,000 200,000 500 """" $175,000 29% 29% . % 0.01700 0.01700 0.01700 0,02435 0,02435 .m 3.00% 0,50% 0.50% 0,50% 2011 2019 2020 ~5 ,ooo 395,000 425,000 85,000 100,000 115,000 350 "'" '50 545,014,675 $53,084,697 551.829,940 513,863,215 $16,798,955 519,898.362 $711,1117,358 594,074,147 5109,008,417 513,054,256 515,394,562 517.060.682 $4,020,332 $4,871 ,697 55,770,525 $6,Jel ,422 57,488,302 58,677,070 $942,838 51 ,135,720 $1 ,339,327 $2711 ,655 5~1I.769 $423,838 $460,563 5553,444 5651,482 51 ,113,057 $2,031,933 $$2,414,641 59,021 ,170 59.021,810 59,112.089 510,104,927 511,060,803 511 ,526,736 $9,021,110 $9,021,810 59,112,019 51 ,613,057 $2,031,933 52,414,647 $2,524,672 52,524,612 $2,549,919 SO " SO 52,524,672 $2,524,612 52,549,919 2018 20151 2020 ~5,000 395,000 425,000 5103,O16, 1~ 5120.375,699 $132,108,520 $3,092,302 $3,611,271 $3,963,256 $1.725.0" $1,102.339 57,810,363 510,811,390 51 1,413,610 511 ,1.43,618 51,063,356 $1,063,356 57,063,356 53,754,034 $4,J.SO,2S4 $4,710,262 51,217,515 $1,300,390 51,313,394 5515,314 sa01,J7I 5660,543 $1 ,601,89a $1,902,261 51,913,936 Yea, 2021 2022 2023 20'" 2025 425,000 425,000 425,000 425,000 425,000 130,000 145,000 160,000 115,000 190,000 500 500 500 500 500 $60,594,838 $62,412,683 $64,285,063 $66,213,615 $68,200.024 $23,168,614 $26,617,174 $30,251 ,794 $34,080,537 $3&,111 .778 5124,754,078 $128.496,700 $132,351 ,601 $136,322.149 $140,411 .813 517,572,503 518,099.678 518,642,668 519,201 ,948 519,778.elO7 $6,718,898 57,71 8.980 $8,773,020 59,883,356 511 ,052.416 59,930,425 510.228,337 $10,535,187 510,851,243 $11 ,176,780 $ 1,484,2711 $1,$28,808 51,574 ,672 51,621,912 51,670,570 5502.036 $584,544 $671,551 5763,253 $8511,852 $754,905 $863,947 5889,865 5916,561 5944,058 $2.741 ,220 52.1111.299 $3,136,019 $3,301 ,126 $3,414,410 $9,112.019 $9,203,210 59.203,210 59.295,2.42 59,295,242 511 ,853,309 512,180,509 512,339,298 512,596,96' 512,169,722 $9,112,089 $9,203,210 59,203,210 $9,295,242 59,295,242 $2,141 ,220 52.177,299 $3,136,089 $3.301 ,726 $3,414,410 52,549,11119 52,515,411 $2,515,"" $2,601 ,112 $2,601 ,172 SO " " SO " 52,549,919 $2,575,411 $2,515,418 $2,601 ,172 $2,601,112 YH' 2021 2022 2023 20'" 20" 425.000 425,000 425,000 425,000 425,000 5134,750,6111 5131,445,104 $140,194,6111 $142,998,511 5145,658,481 $4,042,521 $4,1 23,371 $4,205,&39 $4,269,955 $4,375,1$4 $1,959,166 " ,038,158 5a,119,1" " ,200,337 " , 2J2,~ 512,001 ,617 5ll,IIl,U9 512,324,914 512,490,292 512,651,095 57,063,356 51,063,356 $1,063,356 57,063,356 51,063,356 $4,938,331 55 ,On ,n3 55,261.621 $5.426,936 55,594,139 $1,326,521 $1 ,331,193 $1,353,191 51 ,366,123 51 ,310,390 5613,153 5681,229 5100,973 511",993 5725,292 $2,000,211 $2,027,022 $2,054,164 $2,081,115 $2,109,612 • TABLE 2 (CONT'D) WHEAT RIDGE URBAN RENEWAL AUTHORITY 1·7OJKlPLING CORRIDORS URBAN RENEWAL PLAN TlF ANALYSIS -JEFFERSON COUNTY IMPACT JUNE 2009 Dewlopmenl Prollram New Redevelopmenl: ReWl o.~ Res idenul (60'10 Rental: 40% O'MIershl p) AnnUli Property Tn R.venu. &llmlles E,am./fJd Cumulatiw Deve/o~nt De"u".<1: Reteil """ R.sid.n~" (60% R.nttll: 40% O ........ rship) E_M1~I>t""et V"', R.taiI o.~ ResJd.nu" (60% Rental: 40% O ........ Btup) Esttn./fJd Development Au.ned V.kHt: Relail ""'" R.siden~" (60'4 Rental: 40% O'MleBhip) E,am.:.d Dewlopment Properry 7et Revenl.'es (67 "*): R.ttllJ 0_ Resld.n~aI (60% R.ntal: 40'4 ChroneBhip) Total Prop.rty Tu R.venu .. from New R. d ..... lopmenl: Totll Prop.rty Tn: R ..... nu . .. from EKl .. tinli De .... lopm.nl: Total Prop.rty Tn: R ..... nu .. : EJti .. l ln9 Prop.rty Tn S .... : Totll Prop.rty Tn: Incrllmenl: County /mpect; County Sh.r-0' Prop.rty Tn: ea ... : County Shllrll of Property Tu Incrllmenl: Total County Sh .. ,.. of Property Tu Revenue: AnnUli sale .. Tllx Re ... nu. &11"",1" Estlmllted Cumuletiv. R.ttI~ Development; Esbmated TOlblt R.taj SIIIeS from New Development Tote! Se .... Tu R.venue .. from New R. de ... lopm. nt: Totel s.. ... Tu R.ven .... from Exi lling De ... Jopment; Totel 511 .... Tu Re ... n ...... : EJtiltlnll s.. ... Til. at ... : Toll) Sel .. Tu Inc,..ment: County Impect: County Shar-of sale .. Tn: ea ... : County Shar-of ~ Stiel Tu Revenu.: TOlll County Shlr-of sa"l Tu Revenue: SOiHctI: L.tllld Con.lltl/Ig Group, Bulldlnll SFlUniU 425,000 200,000 500 $100 $125 $175,000 ,,% ,,% .% 0.015700 0.015700 0.015700 0.02435 0.02435 ",. 3.00% 0.50% 0,50% 0,50% 2026 2027 20215 425,000 425,000 425.000 20.0.,.0,0 0 200,000 200,000 500 500 $70,246,024 $72,353,405 $74,524,007 $41 ,321 ,1111 $42,560,827 $43,&37,651 1144,624,168 $148.962,893 $ 153,431 ,780 $20,371 ,347 $20,982.487 121 ,611 ,962 $11 ,983,145 $12,342,640 112,712,919 $11 ,512,084 $11 ,857,446 $12,213,170 $1 ,720,687 $1 ,772,307 51,825,476 $961 ,560 $1 ,042,534 $1,073,810 5972,380 $1 ,001 ,551 $1 1 ,031,598 $3,654,627 lU16,3112 13,1130,884 59,UI5,194 $\I ,31Se,1114 111,432,076 513,042,421 113,204,587 $13,412,1160 $9,3IS1S,I94 $II ,31Se,194 19,442,076 $3.654,627 $3,1516,392 $3,930,844 $2,627,144 $2,627,144 $2,653,456 " " .. $2,627,114 $2,627,144 $2,653,456 2026 2027 20215 425,000 425.000 425,000 $148.775.651 5151 .751 ,164 $154,786,187 $4,463,270 $4,552,535 $4,643,5156 $U65,1&4 SIS,44tI.815 SIS,533,304 512,'215,433 $13,001,350 $13,1 76,1SIS! 57,013,356 17,063,356 17,063,356 55,7&S,On $$.1137,1194 16,113,533 51 ,394,194 11,4015,136 $1,422,217 5743,1578 $754,756 $n3,931 $2,138,072 $2,166,892 $2,196,14a Yu, 2029 2030 2031 2032 2033 425,000 425,000 425,000 425,000 425,000 200,000 200,000 200,000 200,000 200.000 500 ..., 500 500 500 $76,759,727 $711,062,519 $&1 ,434,395 $83,8n.427 $86.393,750 545,152,781 $46,507,364 $47.1102,585 $49,339,663 $50,819,853 1158,034,733 $152,n5,n5 $167,659,048 $172.688,820 1177,869,484 122,260,321 $22,928,131 $23.615,975 $24,324,454 $25.054,187 113,094,306 $13,487,136 113,891 ,750 $14,308,502 $14,737,757 $12,579,565 $12,956,952 113,345,660 $13,746,030 $14,158,411 $1 ,880,241 $1 ,1136,648 51 ,994.747 $2,054,590 $2,054,590 $1 ,106,024 11 ,139,205 $1 ,173,381 51 ,208,582 51,208,582 $1,062,546 $1 ,094,422 $1 ,127,255 $1 ,181 ,072 $I ,Hll ,072 $4,048,1510 $4,170,275 $4,2115,383 $4,424,244 14,424,244 lU42,076 59,571,15117 $\1 ,576,15117 111,672,666 $9,672,666 113,530,1SIS7 11 3,747,172 $13,1572,280 114,0116,1111 114,096,911 $11,442,076 $11.576,1597 $II ,576,1St7 $9,672,666 $9,672,666 $4,048,810 $4,170,275 $4,295,383 $4,424,244 $4.424,244 $2.65..3 ,4S6 $2,679,99<1 $2,679,990 $2,706,79<1 52,706,710 " " .. .. $2,653,4S6 $2,67t,990 $2,619,990 $2,706,79<1 52,706,790 Ym 2029 ,.,. 2031 2032 20)3 425,000 425.000 425.000 425,000 425,000 $157,881 ,911 $161 .039,549 $164,260,340 1167,545,547 $170,896,458 $4,736,457 $4,&31,146 $4,1127,410 55,026,306 55,126,1594 SIS,614,637 SIS.704,1l3 115,791,471 SIS.479,79<1 SIS,H' ,51S $13,355,094 $13,536,009 $13,719,6151 $1 3,906,156 $14,095,4'2 $7,063,356 57,063,356 $7,063,356 $7.063,356 $7.063,356 $6,291 ,7315 56,472,653 16,656,315 $6.442,100 $7,032,126 51,436,439 51 ,4$O,1StI4 $1,405,312 $1,479,965 $1 ,494,765 571St,410 SlS05,191S SlS21.302 $837,7215 $iS54,482 $2,225,449 $2,256,002 $2,2156,814 $2,317,693 $2,349,247 10 Prepared for: Prepared by: Centennial, CO 80112 www.lelandconsulting.com Wheat Ridge City Council Wheat Ridge Planning Commission LELAND CONSULTING GROUP Urban Renewal Plan I-70 /Kipling Corridors Wheat Ridge, Colorado 20 July 2009 Purpose of the Plan Eliminate Blight Conditions Stimulate Growth and Development Advance the Policies of the Comprehensive Plan and Other Policy Documents Promote Local Objectives Components of the Plan Conditions Survey Urban Renewal Plan (Document) Impact Report to Jefferson County (Financial Analysis) Legislative Compliance Impact Statement Has Been Sent to Jefferson County All Property and Business Owners of Record Have Been Notified Notice of Public Hearing Has Been Published 30 Days Prior to a Public Hearing Draft Documents Have Been Presented to the School District (s) and Other Taxing Entities Draft Documents Are Available in City Offices I-70 /Kipling Corridors 3 Procedure for creating an urban renewal area …  Determine survey area boundaries  Verify presence and location of “blighting” conditions  Prepare conditions survey  Present survey findings to urban renewal entity and council for acceptance  Together with stakeholders – define future role of area in community  Prepare urban renewal plan  Complete financial analysis (tax increment finance – tif)  Complete impact analysis for impacted taxing bodies  Present urban renewal plan to urban renewal entity and council for adoption  Work with owners and developers to determine possibilities for redevelopment  Implement plan I-70 /Kipling Corridors 4 Work Tasks 1. Existing Conditions 2. Data Collection 3. Field Survey and Verification 4. Base Mapping 5. Documentation and Findings 6. Working Sessions (s) – Conditions Survey 7. Public Meeting 8. Market Analysis 9. Urban Renewal Plan Concepts 10. Priority Project Feasibility Test 11. Tax Increment Analysis and Impact Report 12. Urban Renewal Plan Document 13. Public Meeting /Hearing Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed I-70 /Kipling Corridors 5 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 improvements f) Unusual topography or inadequate public improvements or utilities g) Defective or unusual conditions of title h) Endangerment of 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 properties k5) 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 The legal term “blighted area” describes a wide array of urban problems, which can range from physical deterioration of buildings and the environment, to health, social and economic problems in a particular area. These conditions, which are summarized as follows, are evidence of a “blighted area.” Criteria that qualify an area for designation … I-70 /Kipling Corridors 6 Survey Area Map I-70 /Kipling Corridors 7 Findings – Total Conditions by Survey Block I-70 /Kipling Corridors 8 Urban Renewal Plan  Introduction  Definitions  Purpose of the Plan  Qualifying Conditions  Relationship to Comprehensive Plan  Plan Objectives  Authorized Urban Renewal Undertakings and Activities  Project Financing  Severability  City of Wheat Ridge Comprehensive Plan, Updated 2000  Repositioning Wheat Ridge Neighborhood Revitalization Strategy, 2005  Wheat Ridge Northwest Sub-Area Plan, 2006 Advance the Following Plans: I-70 /Kipling Corridors Study Area Identification The study area is the entire City of Wheat Ridge, with special emphasis on the Urban Renewal Survey Area. Trade Area Identification A trade area is intended to encompass the majority of sources of demand (esp. in the case of retail) as well as the primary competitive set for potential land uses contemplated for the study area. Both natural and man-made features affect the vehicular flow in the region, helping to define a trade area which includes all of the City of Wheat Ridge, northern Lakewood, most of Golden, and plus portions of Arvada and northwest Denver, as shown at right. While each node and corridor within Wheat Ridge would in reality have its own unique trade area shape (for each land use), the region shown here reflects a geography suitable for analysis of a wide range of possible uses across the City. Wheat Ridge and Trade Area Boundary I-70 /Kipling Corridors 10 Urban Renewal Area Concept Map NOTE: All physical depictions for illustrative purposes only. Actual components and placements may differ substantially from what is shown. I-70 /Kipling Corridors 11 Redevelopment of the Urban Renewal Area represents a unique opportunity to create a series of destinations that are both region-serving and locally supportive. This Urban Renewal Plan, while not a regulating document, environs quality materials; notable architecture; strong internal and external connections; and, host environment for public events and cultural venues. New uses and redevelopment of existing uses may be developed in mixed-use and multi-use formats where feasible, and in an architectural style that is regionally-relevant. Whereas existing neighborhoods will be stabilized, new neighborhoods will be co-located with commercial, employment and institutional uses. Improvements in the physical realm will be consistent and communicate a unified identity and brand. Connections for vehicles, pedestrians, bicycles and other modes of transportation will be improved and strengthened in a manner that is regionally-relevant and in accordance with the Architectural and Site Design Manual. Urban Renewal Plan Vision Statement I-70 /Kipling Corridors 12 Development and Design Objectives I-70 /Kipling Corridors 1. Eliminate and prevent blight 2. Implement elements of the City of Wheat Ridge Comprehensive Plan, Update 2000 related to urban renewal and the vision of this Plan 3. Ensure orderly growth throughout the community 4. Stimulate development of under-utilized land in the Urban Renewal Area 5. Increase property values and strengthen the City’s economic base 6. Participate in the long-term economic vitality of the City through quality (re) development 7. Enhance Wheat Ridge’s identity 8. Preserve existing neighborhoods 9. Expand the City’s commercial activities 10. Maintain a fiscally-prudent base of industrial uses 11. Encourage growth in primary jobs 12. Promote Wheat Ridge’s cultural heritage 13. Reduce sub-standard uses 14. Support stronger code enforcement Land Use 15. Improve relationships between uses in the Urban Renewal Area and surrounding areas 16. Provide uses supportive of and complementary to planned improvements 17. Promote a variety of housing product types to address multiple segments of the populous 18. Advance cultural art programs and capital investments 19. Unify uses and plan components (signage, street furniture, landscaping) 20. Support preservation of historic structures 21. Expand service facilities (police, fire, library, recreation and /or senior) 13 Development and Design Objectives I-70 /Kipling Corridors Economic Development 22. Encourage the continued presence of existing viable businesses 23. Attract regional and national businesses Financial 24. Provide a range of financing mechanisms for private property (re) investment 25. Encourage public-private partnerships 26. Promote economic incentives in order to attract (re) investment Political 27. Facilitate cooperation among government agencies (taxing entities) Architecture 28. Promote “green” development (environmentally sensitive) 29. Raise the quality of building standards in the Urban Renewal Area 30. Encourage higher design standards Physical 31. Improve the public realm 32. Increase the capacity and quality of infrastructure in the Urban Renewal Area 33. Grow the City’s multi-modal options (bike routes, trails, pedestrian access, transit) 14 Representative Images I-70 /Kipling Corridors 15 Representative Images I-70 /Kipling Corridors 16 (a) Slum, Deteriorated and Deteriorating Structures: building improvements including facades, fencing, and roof repairs; and, graffiti clean-up; (b) Predominance of Defective or Inadequate Street Layout: completion of incomplete streets and sidewalks; increased road and intersection capacity; roadway repairs; and, stronger connections; (c) Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or Usefulness: (see Predominance of Defective or Inadequate Street Layout); and assemblage of small, narrow and awkwardly shaped parcels; (d) Unsanitary or Unsafe Conditions: pedestrian improvements; ADA improvements; lighting; bike paths; deferred maintenance items including cracked and buckled sidewalks; and, roadway improvements designed to arrest congestion; (e) Deterioration of Site or Other Improvements: improvements to parking surfaces; curbs and gutters; and, signs and advertisements; (f) Unusual Topography or Inadequate Public Improvements or Utilities: undergrounding of overhead utilities; increasing infrastructure capacity where necessary; and, completion of curbs, gutters and sidewalks; Potential Public Improvements I-70 /Kipling Corridors 17 (h) Existence of Conditions that Endanger Life or Property by Fire and Other Causes: sprinklering of commercial buildings; and, improved access for emergency vehicles; (i) Buildings That Are Unsafe or Unhealthy for Persons to Live or Work: demolition of substandard structures; (j) Environmental Contamination of Buildings or Property: assistance with site and building environmental clean-up; (k.5) Existence of Factors Requiring High Levels of Municipal Services or Substantial Physical Underutilization or Vacancy of Sites, Buildings or Other Improvements: stronger code enforcement; site assemblage; site prep; and, assistance with post-development leasing strategies. Potential Public Improvements I-70 /Kipling Corridors 18 C.R.S. 31-25-107 Approval of Urban Renewal Plans by the Local Governing Body (3.5) “Prior to the approval of an urban renewal plan, the governing body shall submit such plan to the Board of County Commissioners, which shall include, at a minimum, the following information concerning the impact on such plan: I. The estimated duration of time to complete the urban renewal project. II. The estimated annual property tax increment to be generated by the urban renewal project and the portion of such property tax increment to be allocated during this time period to fund the urban renewal project. III. An estimate of the impact of the urban renewal project on county revenues and on the cost and extent of additional county infrastructure and services required to serve development within the proposed urban renewal area, and the benefit of improvements within the urban renewal area to existing county infrastructure. IV. A statement setting forth the method under which the authority or the municipality will finance, or that agreements are in place to finance, any additional county infrastructure and services required to serve development in the urban renewal area for the period in which all or any portion of the property taxes described in subparagraph (ii) of paragraph (a) of subsection (9) of this section and levied by a county are paid to the authority; and V. Any other estimated impacts of the urban renewal project on county services or revenues. Urban Renewal Plan Impact Report -Legislation I-70 /Kipling Corridors 19 Tax Increment Financing is calculated … New revenue over the base is reinvested within the Area Note: If the base value declines, the Authority may not collect any increment until it returns to its original base. City Council will decide if some or all of the sales tax collected in the Area is reinvested in the Area or retained by the City for use elsewhere in the community. I-70 /Kipling Corridors Program  Retail /Restaurant  Employment (Office)  Residential Attachment  60% Rental  40% Ownership  Existing Property Tax Base  Incremental Property Tax Revenues  Existing Sales Tax Base  Incremental Sales Tax Revenues Impact 425,000 Square Feet 200,000 Square Feet 500 Units Combined $8.60 million $58.8 million $7.06 million $102.1 million I-70 /Kipling Corridors 21 Questions … I-70 /Kipling Corridors 22 The urban renewal plan is …  Very general – supported by findings of “blight (conditions survey) and impact report  Elements include description of –  Supplemented by -overlay plans, zoning, design standards, etc.  area  purpose  conditions of blight  relationship to comprehensive plan  objectives  implementation approach  financing approach I-70 /Kipling Corridors 23 Tax Increment Financing dollars can be used for … Tax Increment Financing (TIF) is a unique mechanism that enables an urban renewal authority or board to use the net new tax revenues generated by projects within a designated urban renewal area to help finance future improvements. TIF is a new source of tax revenue, not an additional tax, that would not be available but for new investment.  Finance the issuance of bonds  Reimburse developers for a portion of their project costs  Acquire property  Make improvements --public benefit, support redevelopment effort … correct problems and finance improvements … I-70 /Kipling Corridors 24 How can the community benefit …. By initiating the process of designating an area for urban renewal, a municipality is sending the message that they are interested in assisting with its revitalization. Through the planning process, market opportunities are identified and the private sector is engaged in understanding these opportunities, as well as the tools which are available to assist with project implementation. Property owners and businesses benefit from both the public and private commitments and investment through association and proximity. Specifically …  Stakeholder engagement in planning for area  Increase property values  “Readying of the environment” for investment  Dedicated revenue source for public improvements (fiscal prudence)  Available tools to assist in property improvements  Balanced growth across community I-70 /Kipling Corridors 25 Powers and Duties of Councils and Commissions … City Council  Cause urban renewal plans and amendments to be prepared, approved and implemented  Acquire real property by eminent domain, if that is the will of Council  Enter into agreements with urban renewal entity Planning and Zoning Commission  Review urban renewal plan for consistency with comprehensive plan  Consider (and opine on) proposed projects within the urban renewal district I-70 /Kipling Corridors 26 Revitalization Commission (Urban Renewal Authority)  Make recommendations to the governing body of municipality that created district  Prepare conditions survey, urban renewal plan and financing plan for district and present to governing body for authorization  (By ordinance) powers relating to implementation of the project plan authorized by governing body  Acquire blighted, deteriorated … real property for preservation or restoration of historic sites  Acquire construct, reconstruct or install public works or improvements  Enter into agreements to implement plan including for – the acquisition of property, reimbursement to developer, sale of land, issuance of bonds, etc.  Any power necessary and convenient to carry out implementation Powers and duties of Councils and Commissions … I-70 /Kipling Corridors 27 What will the urban renewal plan do for you? Property owner impacts …. What won’t the urban renewal plan do for you?  Allow more flexibility in what you can do with your property in the form of mixed-use opportunities (e.g., residential)  Allow your taxes to be spent on improvements in your immediate “neighborhood”  Address land use and transportation planning issues  Identify capital improvements needed to accommodate future investment  Potentially provide property redevelopment /expansion financial assistance  Prevent you from continuing your current business or land use  Raise property tax mill levy sales tax rate  Force you to improve your property (especially at a higher standard than outside the area)  Diminish the value of your property  Prevent you from selling your property I-70 /Kipling Corridors 28 Who has done it … Alamosa Arvada Aurora Avon Boulder Brighton Broomfield Central City Colorado Springs Commerce City Delta Denver Edgewater Englewood Estes Park Federal Heights Fort Collins Glendale Golden Greeley La Junta Lafayette Lakewood Las Animas Littleton Longmont Louisville Littleton Manitou Springs Monte Vista Northglenn Pueblo Rangely Rocky Ford Sheridan Silverthorne Sterling Superior Thornton Vail Westminster Wheat Ridge I-70 /Kipling Corridors , • < • ~ City of ~~Wheat&"'dge ~OFFICE OFTHE CIlY MANAGER TO: THROUGH: FROM: DATE: SUBJECT: Memorandum Mayor and City Council Randy Young, City Manager Patrick Goff, Deputy City ManagC~ July 14,2009 Council Bill No. 14-2009 -An Ordinance Reappointing Presiding Municipal Judge Cbristopber Randall Council Bill No. 14-2009 -An ordinance reappointing Presiding Municipal Judge Christopher Randall, increasing bis hourly compensation and approving a Presiding Municipal Judge Services Agreement were heard on second reading at the July 13,2009 City Council meeting. By a vote offive to three, a motion was approved to continue this item to the July 27, 2009 City Council meeting and to add the item to the July 20, 2009 City Council study session for further discussion. Attachment(s): I. Request for City Council Action, dated July 13,2009 2. Council Bill No. 14-2009 3. Presiding Municipal Judge Services Agreement 4. Municipal Court Activity Statistics 5. Salary Survey . , • ~ City of J?WheatRL..dge ITEM NO: REQUEST FOR CITY COUNCIL ACTION ~ COUNCIL MEETING DATE: July 13, 2009 TITLE: COUNCIL BILL NO. 14-2009 AN ORDINANCE REAPPOINTING PRESIDING MUNICIPAL JUDGE CHRISTOPHER RANDALL, INCREASING HIS HOURLY COMPENSATION AND APPROVING A PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT ~ PUBLIC HEARING o BIDSIMOTIONS o RESOLUTIONS Quasi-judicial: DYES City AttorJll'Y EXECUTIVE SUMMARY: o ORDINANCES FOR 1 ST READING (06122/2009) ~ ORDINANCES FOR 2 ND READING (07/13/2009) ~ NO City :rvIallagl'l" Reappointment of Presiding Mlmicipal Judge Christopher Randall, approval of an increase in his compensation, and a renewed services agreement. The Charter requires the Council to appoint municipal court judges to two-year terms. Judge Randall's current term expires on June 25, 2009. He has requested reappointment upon the expiration of his current term under those terms and conditions set forth in this Ordinance and the attached Presiding Municipal Judge Services Agreement (the "Agreement"). STATEMENT OF THE ISSUES: Judge Randall is currently compensated for his services at the rate of $87.15 per hour. He has provided services at this rate since January 1, 2007. Judge Randall requests an increase in his compensation commensurate with the eight percent (8%) increase other City court staff has received since January 1,2007: four percent (4%) mid-year in 2007 and four percent (4%) midyear in 2008. An eight percent (8%) increase in his compensation would result in a new hourly rate of $94.26 per hour. ATTACHMENT 1 City Council Agenda Item Form July 13,2009 Page 2 One other amendment requested by Judge Randall is to provide that he or his designee shall attend Executive Management Team meetings, a task he already performs even though currently not required to do so by the present Agreement. COMMISSIONfBOARD RECOMMENDATION: None. ALTERNATIVES CONSIDERED: None. FINANCIAL IMPACT: The increase in hourly rate will likely increase the City's cost for Judge Randall's services by approximately 8% in 2009, depending on actual time spent performing his duties, as compared to 2008. RECOMMENDED MOTION: "I move to approve Council Bill No. 14-2009, an ordinance reappointing Presiding Municipal Judge Christopher Randall, increasing his hourly compensation, and approving a presiding municipal judge services agreement, on second reading, and that it take effect upon adoption." Or "I move to approve Council Bill No 14-2009 an ordinance reappointing Presiding Municipal Judge Christopher Randall with the following amendments(s): " Report Report Prepared by: Reviewed by: Attachments: Gerald Dahl, City Attorney, (303) 493-6686 Gerald Dahl, City Attorney 1. Council Bill No. 14-2009 2. Municipal Judge Services Agreement 3. Statistical Information Concerning Municipal Court Activity: • 2007 & 2008 Court Activity Summaries • 2001-2008 Referrals to the Youth Alcohol Intervention Program 4. Salary and Benefit Survey CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _____ _ Council Bill No. 14 Ordinance No. ___ _ Series of 2009 TITLE: AN ORDINANCE REAPPOINTING PRESIDING MUNICIPAL JUDGE CHRISTOPHER RANDALL, INCREASING HIS COMPENSATION AND APPROVING A PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT WHEREAS, the current presiding municipal judge, Christopher Randall was reappointed effective June 25, 2007 for a two-year term expiring on June 25, 2009; and WHEREAS, the Judge has continued to serve since that date; and WHEREAS, pursuant to Charter Section 8.3, the City Council shall appoint all judges for a term of two (2) years; and WHEREAS, Judge Randall has requested reappointment at the end of his current term, as well as an increase in his hourly rate and other minor amendments to the Presiding Municipal Judge Services Agreement (the "Agreement"); and WHEREAS, the Council wishes to reappoint Judge Randall, and to approve an increase in his compensation and other changes to the Agreement; and WHEREAS, Charter Section 8.5 requires the Council to set the Judge's compensation by ordinance. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Pursuant to Sections 8.3 and 8.5 of the Home Rule Charter, Presiding Municipal Judge Christopher Randall is hereby reappointed for a term of two (2) years, expiring on July 1, 2011. Effective July 1, 2009, the Presiding Judge's hourly compensation shall be $94.26 per hour. The remainder of the terms and conditions of the Presiding Judge's employment shall be as set forth in the Presiding Municipal Judge Services Agreement, effective as of July 1, 2009, attached hereto and incorporated herein by this reference. Section 2. 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. ATTACHMENT 2 Section 3. Effective Date. This Ordinance shall take effect upon adoption at second reading, as permitted by the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to ___ on this __ day of , 2009, 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 , 2009, 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 , this day of , 2009. SIGNED by the Mayor on this ____ day of ___ ______ , 2009. ATTEST: Michael Snow, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl, City Attorney CITY OF WHEAT RIDGE PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT THIS PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT is entered into and effective as of the 1st day of July 2009 ("Effective Date"), by and between the CITY OF WHEAT RIDGE, COLORADO (the "City") and CHRISTOPHER D. RANDALL, ("Presiding Judge"), together referred to herein as the "Parties." In consideration of the mutual promises and covenants contained herein, the Parties agree as follows: ARTICLE 1 -SERVICES Pursuant to Chapter VIII of the Wheat Ridge Home Rule Charter (the "Charter"), Presiding Judge shall have the following duties: A. Ensure the presence of a municipal judge at all Wheat Ridge Municipal Court ("Municipal Court") cases, by either presiding over such cases personally or by scheduling an Associate Judge to hear such case(s) and by establishing an on-call municipal judge schedule; B. Formulate and amend the local rules of the Municipal Court with the approval of the Colorado Supreme Court; C. Supervise the Associate Judges, if any, and all Municipal Court personnel; serve as Department Head for the Municipal Court staff; attend Department Director meetings, in person or by designee, and meetings with the City Manager, City Attorney and City Council as needed; and D. Submit a yearly budget request to the Wheat Ridge City Council for the proper functioning of the Municipal Court. ARTICLE 2 -QUALIFICATIONS The Presiding Judge shall continuously maintain the following qualifications: A. Licensed to practice law in all Colorado courts, including the U.S. District Court for the District of Colorado; and B. Resident within 40 miles of the Wheat Ridge Municipal Court. ARTICLE 3 -TERM; TERMINATION Pursuant to Section 8.3 of the Charter, this Agreement shall be for a two (2) year term, ending on July 1, 2011 . This Agreement may be terminated for any of the reasons enumerated in Section 8.3 of the Charter. ARTICLE 4 -PAYMENT AND FEE SCHEDULE The Parties agree that Presiding Judge shall be compensated at ninety-four dollars and twenty-six cents cents ($94.26) per hour for services rendered under this Agreement, effective upon WR Muni Judge Contract· Randall ATTACHMENT 3 the date first set forth above. Presiding Judge may also be compensated for reimbursable expenses properly invoiced to the City as set forth below. For purposes of this Agreement, "reimbursable expenses" shall mean those expenses directly incurred by Presiding Judge in the performance of his duties under this Agreement, excluding mileage and travel expense. A. Invoices. Presiding Judge shall submit an invoice to the City for services rendered and reimbursable expenses. Payment will be made within twenty-five (25) days of receipt of the invoice by mailing payment to an address designated by Presiding Judge. B. Funding This Agreement is specifically subject to the provisions of Section 2-3(c) of the Code of Laws of the City of Wheat Ridge, which limits the amount for which the City shall be liable to the amount expressly appropriated by the City Council, either through budgeted appropriation, or contract or bid appOintment. The Parties further recognize and agree that the City, as a political subdivision of the State of Colorado, is subject to the Constitution and laws of the State of Colorado. Notwithstanding any provision of this Agreement to the contrary, the obligation of the City to make payment to Presiding Judge is expressly subject to annual appropriations by the City of funds for the next ensuing budget year. ARTICLE 5 INDEPENDENT CONTRACTOR; INSURANCE AND BENEFITS A. This Agreement is one for independent contractor services. Neither Presiding Judge, nor any employee or agent of Presiding Judge, shall be considered an employee of the City for purposes of any federal or state law. Notwithstanding the fact that Presiding Judge is compensated as an independent contractor, pursuant to the Colorado Governmental Immunity Act, §§ 24-10-101 et seq., C.R.S., he is considered an appointed official of the City entitled to any and all benefits of law pertaining to judicial or sovereign immunity and to coverage by the City's insurance applicable to persons holding such a position for claims brought against him in his official capacity or arising our of his performance of his official duties as described herein. B. Presiding Judge shall be eligible to participate in the following insurance and benefit programs available to City employees, at a pro-rated level equal to the average number of hours of work per week performed by the Presiding Judge, which for purposes of this Agreement, the Parties agree shall be twenty-five (25) hours per week: short term disability; long term disability; worker's compensation; group term life insurance; employee assistance plan; retirement plan; official holidays; personal time off leave; extended sick leave; jury duty pay; employee recreation program benefit; Kaiser Permanente HMO; Delta Dental; RPS section 125 cafeteria plan; and Eye-Med vision. The City agrees to pay the applicable premium for the rate level, consistent with the City insurance plan as amended from time to time. For all such insurance and benefit programs, to the extent the programs or any of their features are altered, altered, amended or eliminated with respect to all eligible City employees, such alteration, amendment or elimination shall also apply to Presiding Judge in the same manner. C. Presiding Judge warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for him, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than bona fide employees working solely for Presiding Judge, any commission, percentage, brokerage fee, WR MuniCourtlM uniJudgcContract -Randall -2- gifts, or any other consideration, contingent upon or resulting from the appointment or making of this Agreement. For breach or violation of this warranty, the City will have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 6 -CHARTER, LAWS AND ORDINANCES Presiding Judge shall at all times during the performance of this Agreement, strictly adhere to all applicable federal, state and local laws, rules, regulations, and ordinances that affect or govern the work as herein contemplated. ARTICLE 7 -EQUAL EMPLOYMENT OPPORTUNITY The Presiding Judge shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, or national origin. The Presiding Judge shall adhere to acceptable affirmative action guidelines in selecting employees and shall ensure that employees are treated equally during employment, without regard to their age, race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. ARTICLE 8 -LAW AND VENUE The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this Agreement. The Parties agree that venue and jurisdiction for disputes regarding any aspect of this Agreement is proper and exclusive with the District Court of Jefferson County, Colorado. ARTICLE 9 -NOTICES Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth below. Such notice shall be deemed to have been given when deposited in the United States Mail. If to the City: With a copy to: City Manager 7500 W 29th Avenue Wheat Ridge, CO 80215 Fax: (303) 234-5924 City Attorney 7500 W 29th Avenue Wheat Ridge, CO 80215 Fax: (303) 234-5924 WR MuniCourtlM uniJudgeConlracl -Randall -3- If to Presiding Judge: Christopher D. Randall, Esq. P.O. Box 280911 Lakewood, CO 80228-0911 Fax (303) 980-1721 ARTICLE 10 -ASSIGNMENT AND SUBCONTRACTORS The duties and obligations of Presiding Judge may not be assigned, delegated, or subcontracted except with the express written consent of the City. ARTICLE 11 -SEVERABILITY To the extent that the Agreement may be executed and performance of the obligations of the Parties may be accomplished within the intent of the Agreement, the terms of this Agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. ARTICLE 12 -INTEGRATION OF UNDERSTANDINGS This Agreement is intended as the complete integration of all understandings between the Parties. No prior or contemporaneous contemporaneous addition, deletion, or other amendment hereto shall have any force and effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in writing and signed by Presiding Judge and an authorized representative of the City. ARTICLE 13 -AMENDMENTS The City may, from time to time, require changes in the scope of services of the Presiding Judge to be performed herein. Such changes, including any increase or decrease in the amount of the Judge's compensation, must be mutually agreed upon in writing by the City and the Presiding Judge, as an amendment to this agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement in two (2) copies, each of which shall be deemed an original, as of the day and year first written above. ATTEST: CITY OF WHEAT RIDGE, COLORADO Michael Snow, City Clerk By: Jerry DiTullio, Mayor (Seal) WR MuniCourtlMuniJ udgcContracl -Randall -4- APPROVED AS TO FORM: Gerald E. Dahl, City Attorney PRESIDING JUDGE Christopher D. Randall WR MuniCourtlMuniJudgcContract -Randall -5- rnURT A\.. 1.1. V 11 T 2007 I ; IJAN IFEII IMAR IAPR IMAY At tYTO TYPE OF CA5E ~ 235 229 248 ~ 310 ~ 307 246 290 248 254 3202 PRE-IIU"L 7 10 7 9 1: 18 8 11 lC 125 TRIAL TO COURT 1 8 9 13 1: 21 16 11 17 14 10 163 JURY TRIAL 2 2 4 2 1 a 1 1 2 2 2 22 105 74 83 65 Tal 101 11 109 96 121 89 103 !ill. lUI'" 361 1323 361 335 4' 1446 1451 1363 433 365 1379 4671 -MENTANO I TOTALS PLEA T' 93 91 91 97 81 110 111 114 64 95 80 89 1117 _EAT' 65 73 76 71 107 103 90 114 102 114 95 86 1096 _EA 01 ' NOT GUILTY 18 13 19 27 3: 2C 23 18 24 20 19 i* ~ 22 25 21 19 15 17 28 21 19 21 24 13 9 8 1 3 4 5 3 3 6 TO , 35 29 57 38 66 52 58 50 50 37 37 51 ~ 242 239 265, 255 312 325 254, 293 259 264 3327 .TRIAL TO ~~TO' 5 2 1 3 2 5 1 1 2' 4 2 31 _EATOAMEN~ 4 1 ~ ~ NOT GUILTY BY JUDGE 1 1 2 4 4 0 4 0 5 1 C a 1 0 a l 1 a c a 7 ,,",v'" 2 1 1 1 2 2 3 1 1 3 1 a 18 1 1 6 6 5 4 4 1 4 39 TO 1 1 0 4 2 2 2 2 1 21 TOTAL 12 8 9 13 15 17 21 16 11 17 14 10 163 ITRIAl BY JURY PLEA TO a 0 2 0 0 0 a a a 1 0 a 3 LEAT~URY a a a 0 0 C 1 0 0 3 0 0 0 0 1 0 0 0 0 2 I NOT GUILTY BY JURY 0 0 1 0 0 0 0 0 0 1 0 2 a 1 a 0 0 0 1 1 6 2 0 1 1 C 0 0 0 0 1 7 TO (] a a a a a 0 0 0 0 0 a 1 0 0 0 0 0 0 0 0 0 0 0 0 0 !l 2 2 4 2 1 0 1 1 2 2 3 2 --~ T~ 21 2: 25 ~ 30 23 31 17 14 31 19 10 268 VII 0 0 0 0 01 0 0 0 01 0 6 6 1 'lVI, PAID PAID PRIOR TO ' 129 212 ill 328 3rl 342 328 252 201 194 199 261 3192 PAID TI@5 7 4 30 17 25 12 3 2 12 12 5 134 rnURT A~ 11 V J. I T 'VI rAC;:F RRFAI 'N. 1 ATTACHMENT 4 JAN [FEB [MAR APR MAY IJUN IJUL [AUe; ISEP nuv [DEC [ YTD ITYPE OF CASE 6 0 14 9 11 9 3 4 5 3 3 4 7' C 0 0 0 C 0 0 0 0 0 C 0 Jl ICODE 6 1 8 8 3 7 2 2 0 0 1 39 IOV IL 0 0 0 C 3 1 0 0 3 -~ ,ADULT 9: 58 58 5' 79 43 54 61 47 65 56 38 703 1 10 20 18 11 14 20 11 10 11 9 160 4 14 48 20 35 29 25 22 43 15 27 339 27 30 20 24 7 3 3 17 2C 8 180 ~~AX 0 16 0 5 2 2 ? 5 4 1 7 52 15 77 120 102 87 ! 138 127 147 105 136 82 120 1392 rv ill ZllI ill ~ 396 1435 ill 360 14'1 213 297 258 .:m1 TOTAL 578 484 692 663 651 [687 ,512 612 349 492 4~9 473 6682 ~~Vu 84 64 74 61 79 67 91 83 80 89 54 75 901 0 1 4 2 4 2 0 3 2 61 0' 25 I ~LTS ' DMV 1 C 9 6 15 15 8 6 11 21 7 87 COURT Al..I.lV~ IT IJAN FEB MAR [APR I MAY IAUG NOV I IJ~I.. flU TYPE OF :liSE IT 29BI 2¥a 271 274 260 293 249 249 251 21B 26B 243 3079 ",<I:" IIUAL 15 1 12 7 I: 10 17 11 1 14 13 6 1391 TRIAL TO 11 9 19 14 B 17 20 10 14 9 7 17 1551 JURY TRIAL 2 2 2 4 2 7 5 4 40 "CLASS 80 107 106 93 104 123 110 105 110 73 93 125 !ll2 407 333 410 391 387 377 394 319 385 394 4642 "AND . TOTALS :~~:i~~ 91 ~ 100 97 70 100 86 92 91 ~ 125 96 1: 126 127 92 110 106 901 B: B9 75 76 77 11 ~47 PLEA OF NOT GUILTY 18 24 25 18 28 30 23 JII 2: 19 37 15 t77 I..U .. I ~ ; 2B 1 30 21 2 14 29 15 21 17 1: 37 258 3 5 2 4 6 3 ,8 ~ 3 51 47 37 31 3: 4 65 39 43 46 32 21 ill 313 215 283 281 1266 260 263 1232 281 249 3218 TRIAL TO PLEA TO 4 4 3 4 0 2 5 C a 1 30 .~~ 1 1 2 0 1 0 3 a 0 1 1: 2 1 2 2 4 5 5 2 3, 'NO~~LTYBY a 1 a 0 1 0 a 0 1 a 1 ~ 1 0 5 0 2 2 2 1 2 4 2, C 6 2 1 5 5 2 2 1 5 34 1 2 1 2 0 0 2 2 18 TOTAL 11 9 19 14 8 17 20 10 14 9 7 17 155 [TRIAL BY JURY ; ,PLEA TO 1 1 a 1 0 1 1 0 0 c 0 1 6 ~~~ a 1 a a a 1 0 a 0 0 0 0 2 1 0 1 1 0 a 0 0 0 0 6 IF~LTY BY JURY a c 0 0 1 0 a 0 0 0 0 2 ~ 1 0 0 0 1 0 1 4 1 3 a 12 0 0 a 1 a a 1 2 4 1 11 a a 0 a a a a a 1 a 0 0 1 'VACATE a 0 0 a a a a a a a a 0 ~ '. !TOTAL 3 2 2 3 3 2 4 2 7 5 4 3 40 I=> 3 5 !l 10 4 3 10 6 B 14 2 75 24 20 16 11 17 24 21 11 14 21 17 13 209 . I PAID I PAID TO' 227 258 319 357 300 293 182 198 146 14B 126 165 ~ -IPAID PARKI~ 11 14 12 1: 11 1: 7 11 4 2 7 3 I rnURT ACTIVITY Ir4C::F RRF, rn. I IMONTH JAN IFEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD I I TYPE OF CASE ANIMAL 6 5 10 3 2 10 19 23 9 34 17 13 151 --BUILDING 0 0 0 0 0 0 0 0 0 0 0 0 0 CODE 2 0 7 0 0 1 2 23 1 3 0 1 40 CML 2 3 3 0 0 0 5 4 1 2 2 1 23 GENERAL ADULT 34 39 62 53 46 82 63 44 62 -63 46 70 664 GENERAL DOMESTIC VIOLENCE 9 11 17 16 19 10 11 10 17 14 3 9 146 GENERAL JUVENILE 111 44 36 21 29 26 21 18 29 40 20 25 320 PARKING 13 17 19 4 23 9 17 4 7 8 6 9 136 SALES TAX 0 0 0 2 5 4 8 2 5 3 1 4 34 TRAFFIC MANDATORY 64 118 151 133 106 931 112 96 97 101 80 102 1253 TRAFFIC PENALTY ASSESSMEN 265 295 493 355 339 222 260 199 151 W 150 1§Q 3086 --TOTAL 406 532 798 587 569, 457 518 423 379 465 325 394 5853 --WARRANTS PRINTED 61 57 69 54 50 82 104 89 59 75 39 55 794 NRVC SENT TO DMV 2 2 3 2 4 2 1 2 3 3 1 2 27 DEFAULTS SENT TO DMV 8 6 31 9 9 10 10 4 3 4 5 2 73 FEb -I? ~ 009(TH U ) 17 : 06 Counseling Center of Golden Adolescent Counseling, Education, Therapy Program ~CETP) 607 10t St. Suite 104 Golden CO 80401 Phone: 303-279-3626 YAIP: 303~278-0418 Fax: 303-384-3220 FAX COVER SHEET TO: COURT CLERKS FAX#: DATE: FEBRUARY 12, 2009_ TIME: _4:00 PM. __ _ FROM: NANCY WARTON, MA ADMINISTRATOR YAIP PROGRAM RE: YEAR END REFERRAL TOTALS NUMBER OF PAGES INCLUDING COVER SHEET: _ 4 _ _ MESSAGE: THANK YOU FOR YOUR HELP IN SERVING THE YOUTH OF JEFFERSON COUNTY. ATTACHED IS THE YEAR END REPORT OF ALL OF THE TICKETS THAT YOU HAVE SENT TO US FOR THE DATABASE AND FOR THE DEFENDANTS TO ATTEND THE YAIP PROGRAM. WE REALIZE THAT YOU HAVE TO PUT FORTH EXTRA EFFORT TO SUPPORT THIS PROGRAM THAT WAS ABLE TO REACH OVER 1600 YOUTH IN 2008. WE HAve; HAD MORE "THAN 10,000 YOUTH ATTEND OUR PREVENTION CLASSES SINCE 2001 WHEN OUR PROGRAM STARTED. We HAVE ALMOST 19,000 TICKETS IN OUR DATABASE FOR OFFENDERS WHO HAVE BEEN CHARGE IN REGARD TO ALCOHOL, MARIJUANA AND PARAPHERNALIA. WE LOOK FORWARO TO WORKING WITH YOU IN 2009. PLEASE LET US KNOW IF WE CAN HELP IN ANY WAY. '"THIS INFORMATION HAS BEEN DiSClOSED TOl'OU FROM RECORDS WHOSE CONFICENTlALfTY 1$ PROTEC'TED BY Ft;oeRAL LAw. FEDt:flAL RC"GULA'I10N$ (42 CFR PART 2) PR:OHlSfTYOU FROM M"lCING "NY FURTHER DISCLOSURES OF IT WITHOUT 1M!: SPECIAC 'h"RITTEN CONSENT OF THE PERSON TO VvliOM IT PERTAINS OR AS OTHERWlSE PERMJTTEO BYSUCH REGULAT1ONS. A ClEKEAAl AU'O-IOFtL2:ATlON ~OR THE RELEASE OF MEOICA1. OR O1'ttER INrORtM110N IS NOT SUFFlCn:NT FOR THIS PURPOSE. ~ AN ORAL DISClOSURE MAY Ell; ACCOMPANIED OR FOLLOWED BY SUCH A NOnCE. P. 0011004 .-==.... N == "-'=" ~ => I ~ '==" ,u , . ", ~ Lo. • oi!!§ ~ ~$F ~ o!Pti-cj -,."., :s.~ r:c i I:E Referrals Category Arvad. Eligiblo Tickets Recei,-cd Non-Elilrible Ticket. Completed YA[P Ed2ewalcr Eligible Tickets Recch-ed Non-E1ieible Ticket, Completed Y AlP Golden Eligible Ticket, Received Non-Elieiblc Tickets Completed Y AlP Lakewood Eligible Tickets Receiyed Non-Elimbl. Tickets Completed Y AlP Youth Alcohol [ntervention Program May, 200 I -December. 2008 Totals for Referral Sources 2001 2002 2003 2004 2005 I 35 51 2Ul 295 275 4 14 74 115 115 20 41 106 202 19'2 I IS 28 36 20 16 2 I 8 I I 12 18 30 21 I 19 I 32 89 145 158 75 I 9 41 73 53 13 22 57 70 81 51 178 269 205 143 215 88 125 90 73 I 180 J09 270 167 135 :1174 2006 2007 2008 Total % Complc!cdof EIi·ibl. 347 318 476 2,064 90 29 188 629 282 313 329 69% 1,485 72% 11 18 7 160 12 II 15 8 134 83% 82 82 92 755 l[ 9 24 233 29 58 80 87% 454 60% 171 396 362 1,939 243 199 94 1,012 15"--.298 340 94% 1,647 85% • ~ o o ."., ''"" c.. '',."".. ~ = '" ~ o,''"" '," '" ~ "-Referral Wbe.t R1d2e JelTerson County Juv As .... menl \Veslmlnster I Program ,;rA/(' rt~CJ;/~ /.9 A.. -"" ~~/~ ~( ,,\' ~, ~ Category Eligibl~ Tickets Recei,'ed Non-Eligible Ticket, Comoleted Y A[I' Eligible Tickets Received Non-Eligible Tickets Completed Y AlP Eligible Tickets Received Ncn-Elfgible Tickets Completed YAI? Eligible Ticket, R«eh-ed Non-Ellnible Tickets Completed Y A[P Eligible Tickets Received Non-Eliitible Tickets Completed YAIP Youth Alcohol Interven~ion Program May, 2001-December, 2008 Totals for Referral :Sources 2001 2002 2003 2004 2005 126 301 247 I7i 203 32 97 69 37 43 72 129 217 124 [42 445 731 760 933, 956 , 139 305 394 469 458 224 546 544 737 699 2 I I 2 I , 0 2 I I , 2 69 116 95 ,: 178 2 14 19 i 45 17 87 61 ! 131 836 1548 1749 118~5 1929 272 587 737 I 717 855 461 1108 1270 I 144,1 1444 2006 2007 2008 Total 0/0 Completed of Eligible 176 121 liS 1,464 49 40 29 396 124 100 97 84% [ 005 69% 997 912 908 6,642 357 314 342 2.778 734 648 682 75% 4,814 72% 2 2 10 I 2 2 4 14 117 I 88 106 I 769 25 I 16 17 138 68 I 67 71 n% 508 66% I i 1921 2012 2,078 13,898 I 775 607 695 5,105 ! 141& I 1516 1,638 79% 10.296 74% I FEO-12-2009(THU) 17:06 Youth Alcohol Intervention Program Counseling Center of Golden Adolescent Counseling. t:ducation and Therapy Program Gold Office Building at 1 (j1' & Ford streets 607 10" St.. Suite 102 Golden. CO 80401 Phone: 303-278-0418 Fax: 303·384-3220 May 1, 2001 -December 31, 2008 PROGRAM TOTALS Eligible Tickets 13,898 P. 004/004 Non-Eligible Tickets 5,305 ecPet<) Total Tickets Completed YAIP Program Eligible but never attended 19,203 10,296 (S"Y%) 3,602 (f%) 43% or 1554 Adolescents who received a second MIP Ticket and never attended the YAIP program '554/3602 second ticket I never attended program 15% or 1577 Adolescents who received a second MIP Ticket after taking the YAIP class 2001 2002 2003 2004 2005 15n I '0296 second ticket I attended program AVERAGE MONTHLY ATTENDANCE 66 Students 92 Students 1 06 Students 120 Students 120 Students 2006 2007 2008 118 Students 128 Students 137 Students ~ , . • ~ • ~ • • ~ !l ~ § . · ! ; ~ f ! • ~ Hi • " " . " " · " • · " . • I OJ § ~ ~ ~ 5 • · ~ • ~ ~ iii ~ " " • ~ ! I • • • " I I I · I · J-· • • • • r-I--rr ~ f--f-----II , • " • • • • " • " • • I I r-;-r-.---~ r----f-----f-----f-----• • ~~ l I r-I ~ • • • I • • • • •l •l ~.~ r----f--f--f--i I ! • • ! " I ! ~ ; ~ • • I "T "liI:, I ~ !----;-=-0 'T ~ "T "T "T ~ r1-I I I I " t ~ !! r-Mi f--'-f-'-~ ~ I. I I I I I I I I I I I I •• I i r-I !~~ I-'--,. I$ei f--f--~ ;1 Ii °1'" $~ ~I .:3g ~p I I "."~ I I I ." I !:ici I I ~!~ I g~ i I 2~ k ~g¥~ ~~j j I '!1" ! F5"' I 'i I ~, ~, 0, r-r:r l-1;0"'''' f------"-f--f--I • a • • • • ~ f ;~ • a ! • • 0 I ". r.-~; · · " ~ · · 0 1--"--f--;;;---;;-~ -"-6~ I ~ ~ ~ § ~ • • ~ rJ ., ," • • ~:'} ;; fi .) ~ r-f--:;'-• 0 l-i I-"---I --• • j • " " ~. ~ • , ~ : •• ~ J Ii ~ § • • • :; ~::! • ;;; 0 rr h-rr f I ; f -. -. u ~ ~ ~ • ~ ~ ~ ~ ! r-=-i-•" -1---'---1---7----~• ~• ~• I !, ~ ~ ! ~ i ~ q E 1l i ~i i! ; • ~ I II :i ;t ~ ~= S I~ ~ ~. II r-I--I-e----::-f--~ ~ ~ ~ , ~ ; ~ ~: ~ c c ~ •• •• ~ s· " • .~ • j~ ~ I t~ I i I I 1 i ~ I i ~ ~ I ~ I I ~ ! ~ ~ I •• •• i ~ , I ~ I -I · , " · " • · I • • I • ! • · i · • ~l ~ I I I ~ I ~ ~ i I I I ·~ • ~ I ' ! l I ~ I ·i j Ii .. • • !-~ I " " · 0 -· ~( 0 0 0 0 i 0 0 0 0 0 · 0 ~ 0 0 · H ~ > ! ~ > ~ " ~ > a ! ~ i :: : , I g > ~ , • • ,• • ,• ! ,• • • • ~ i ~s~ , .; , ~ ! Jjl • a •• •• •iii ;; • • • ~ " • • " • • 8 • II " " a :! • §s~ ;) a II iI • &.2 t ~ ! ..L 8 i • ~ ~ ~ ! ~ f f J ~ • f ~ t 0 ~ J • ~: --=---=--! T ! f ! 1 f ~ , . I ! ~ } -~t i I 1 I ; ! I l i §e f l } I I , ~ I I g E ., " ~ ~'I. I • ~~ • ; ! , " · . , .' City of UWheat~dge ~OMMUNllY DEVELOPMENT TO: THROUGH: FROM: DATE: SUBJECT: Memorandum Mayor and City Council Randy Young, City Manager J, I Ken Johnstone, Director of Community Development~ July 20, 2009 Study Session Residential Dumpster Regulations Attached is a legislative staff report prepared by Community Development staff for City Council and Planning Commission. The report discusses options to consider in amending the City's zoning regulations as they apply to trash enclosures in residential districts. The memo outlines the City's current regulations and several options for amending those regulations, including the preliminary recommendation that City Council provided at the April 20 study session. Staff has provided comments and discussion for each of the options proposed. At the conclusion of the report, City Council direction is requested to move forward in drafting an ordinance for Council adoption at a future Council meeting. Ikj Attachment: I. City Council/Planning Commission Legislative Item Staff Report ~ , . ~ . City of ·~Wheat~dge ..-:Vc"OMMUNllY DEVELOPMENT CITY COUNCILIPLANNING COMMISSION LEGISLATIVE ITEM STAFF REPORT MEETING DATE: July 20, 2009 TITLE: A STUDY SESSION TO DISCUSS AMENDING SECTION 614 OF CHAPTER 26 CONCERNING RESIDENTIAL DUMPSTER REGULATIONS CASE NO. ZOA-09-04/Residential Dumpster Regulations IZI STUDY SESSION ITEM IZI CODECHANGEORD~ANCE Case Manager: Adam Tietz Date of Preparation: July, 2009 SUMMARY: Tn January, staff was directed by City Council to study the current regulation in the Code of Laws regulating the size of trash receptacles on single and two-family properties (Sec. 26-614). The current regulation does not allow properties with single and two-family dwelling units to have any trash receptacle over 1 cubic yard in size. This regulation has led to code enforcement action on several properties throughout the City. On April 20, 2009, the following report was presented to City Council at a study session. The staff presented options with discussion of the potential impacts of each of the recommendations. Below the staff recommendations is the direction given by City Council at the study session regarding the residential dumpster regulations. The City Council recommendations specifically address amendments to the size requirements, screening and access to public right-of-way of trash receptacles as they relate to single family and two-family dwelling units. BACKGROUND: As previously stated, Section 26-614.C does not allow single and two-family dwelling units to have any receptacle over I cubic yard in order to maintain the residential character of these areas. Single family homes on agriculturally zoned property are allowed to have dumpsters larger than I cubic yard in order to accommodate the agricultural uses that are permitted in these zone districts. These requirements have been in place since 1996. The current property inspector recently began closing out old cases files. In closing out the files, the inspector came across several files where property owners had been cited for having dumpsters over I cubic yard on their property. Further investigation has revealed there are other properties in the City in violation of this code section. One property owner in particular has maintained that her property produces too much waste to have anything less then a two (2) cubic yard dumpster. The owner maintains that dumpsters larger than 1 cubic yard are needed for the following reasons: • The size of a lot should determine the size of trash receptacle that is allowed as large lots produce larger amounts of waste. • Two-family dwelling units and multiple single family units on a single lot produce more trash than can be placed in a I cubic yard dumpster. • Trash companies do not offer any dumpster that is smaller then 2 cubic yards for home trash service. • Larger families produce more trash • One (I) larger receptacle is easier to maintain than several standard trash cans. Industry Standards Wheat Ridge residents are served by multiple trash providers. In recent years, refuse companies have provided trash receptacles rather then having customers provide their own trash cans. The trash receptacles provided by the refuse companies have been designed to be emptied by mechanical devices attached to trucks. They also have been designed to make it easier for manual emptying of trash into trucks than typical cylindrical trash cans. Refuse companies that provide trash cans for home trash pick-up service, typically provide them in 3 sizes, 32, 64 and 96 gallons. A one (I) cubic yard dumpster holds the equivalent of202 gallons. 32 64 96 32 64 96 Figures 1 {/lui 2. Typical size and design of trash receptacles provided by refuse companies. A 32 gallon trash receptacle is the typical size of a cylindrical trash receptacle found at most home improvement and discount stores. 2 Dumpster service for residential properties is provided by most refuse companies at special rates. The range of dumpster sizes available to residential home owners is greater as refuse companies provide small dumpsters as well as large roll-off dumpsters often seen at construction sites. There is no industry standard as to the minimum size of dumpster provided for home service. Of the refuse companies serving greater Denver, the most common minimum size of dumpster provided for home service is two (2) cubic yards. Several companies offer one and one-half (1 v,) cubic yard dumpsters but in staff's research there were no refuse companies that offered dumpsters of less than one and one-half (\ v,) cubic yards. The dimensions ofa one (I) cubic yard dumpster often deter refuse companies from providing dumpsters of that size. The mechanical arms on refuse trucks used to lift the dumpsters are set at a standard width. Dumpsters of one (I) cubic yard are not typically constructed to the standard width ofiarger dumpsters. [n order for the trucks to be able to lift one (\) cubic yard dumpsters, the arms on the truck would have to be retrofitted with additional equipment. Please see the table below for further information. Dumpster Size Ca(lacit~ Dimensions I cubic yard 20 I. 9 gallons \ V, cubic yards 302.9 gallons 2 cubic yards 403.9 gallons 3 cubic yards 605.9 gallons ...I.. . I 3 4 cubic yards 807.8 gallons r»--". I -~ ~. Table 1. The standard width of dumpsters 1 )Iz cubic yards and larger typically stays Ihe same in order 10 fit the arms oflhe dumpster lifting mechanism into the side slots, while a I cubic yard dumpster has a smaller width. The standard width for dumpsters 1 )Iz cubic yards and larger may vary Jrom one company to another based on the lifting mechanism on their trucks. Municipal Regulations The codes of fourteen (14) Metro Denver commlmities were examined to determine if other communities restricted the size of trash receptacles on residentially zoned properties. Of the fourteen (14) communities, six (6) of the communities did not have any regulations pertaining to the size of a trash receptacle placed on a residential property. The six included: • Aurora • Denver • Englewood • Golden • Broomfield • Greenwood Village The remaining eight (8) communities have regulations regarding the size of trash receptacles placed on residentially zoned property. However, unlike the City of Wheat Ridge, the communities that regulated the size of the receptacle typically did not include the regulations in their zoning code. The majority of the communities addressed the issue in the section of their codes that pertained to sanitation, pubic health, or public utilities. Below is a table that indicates what the other Metro Denver communities require in comparison to the City of Wheat Ridge. City Residential Size Code Section Additional Restriction Rcst.-ictions ~~~---Arvada No size restriction Chapter 90 -Solid Waste Dumpsters must be in the side or rear yard Commerce City Garbage container Chapter 8 -Garbage, Trash, Garbage container and must be larger than and Weeds contents cannot exceed 32 gallons 80lbs. Thornton 110 gallons max. Chapter 16 -Public Property, Garbage container and Utilities, and Services contents cannot exceed 350lbs. Lakewood 90 gallons max. Chapter 8 -Health and Safety 4 Westminster I cubic yard max. Title 8 -Health and Sanitation Littleton 32 gallons max. Title 7 -Health and Garbage container and Sanitation contents cannot exceed 1001bs. Edgewater 35 gallons max. Chapter 7 -Health, Garbage container and Sanitation, and Animals contents cannot exceed 751bs. Boulder Of sufficient size to Title 6-Health, Safety, and accommodate the Sanitation regular accumulation of trash for that use Staff Recommendations Based on the information above and in order to address some of the issues that have been raised, Staff has provided a list of options along with a brief commentary on the potential impacts of each option provided for the City Council and Planning Commission to consider regarding the regulation of residential dumpsters. Optioll 1 -No challge to the currellt regulatiolls. Staff comments o The incident necessitating the study of the residential dumpster is isolated to one property. o Only a handful of other properties will require code enforcement to comply with current regulations. o Current code does not restrict property owners from having a maximum number of trash cans. o A property owner may have multiple smaller receptacles. o Ability to have the capacity of one and a half(l.5) cubic yards or more in multiple smaller receptacles. o In order to allow containers larger than one (1) cubic yard an administrative variance or variance from the Board of Adjustments may be requested by the property owner. o Incidents like the one necessitating this ordinance change are the reason for the variance process. o The existing criteria used to evaluate variances may not be suitable for a variance request to dumpster size. o This is the easiest and most efficient way for the Property Inspector to enforce the dumpster regulations. o No ambiguity in what is allowed and what is not allowed. • Dumpsters over I cubic yard are not allowed outright. o Other options would require the inspector to measure each dumpster to see if it is in compliance. 5 Option 2 -Amend the language ill the Code of Laws to reflect more current stalldards. Staff comments o Change language from limiting residential dumpsters from one (I) cubic yard to one and one half (1.5) cubic yards to reflect current industry standards. o Would allow administrate variance requests (50% or less) to increase from one and one half(1.5) cubic yards to two and three quarters (2.75) cubic yards. o Dumpsters are required to be screened from public right-of-way by a six-foot fence, wall, or landscaping on commercial, industrial, and multi-family properties. • With an increase in dumpster size the screening requirement may need to be applied to residential dumpsters as well. • May result in the increase of variance requests to allow a six-foot foot fence in the front setback. • Additional financial burden on the property owner. • Six-foot fences in the front setback may cause safety issues with the sight distance triangle that must be maintained for motorists visibility • The screening in front setbacks could create more targets for graffiti, "tagging" or other vandalism. • May result in unforeseen maintenance costs for owners. Option 3 -Remove all resilientiai trash receptacle size restrictions. Sta(( comments o All properties in the City would be eligible to use dumpsters. o Essentially a home could have a 1 O-cubic-yard dumpster or larger. • Define dumpsters from a roll-off in order to prevent roll-offs from being allowed permanently. o Dumpsters are not easily movable and could result in dumpsters being stored in front setback areas or near the street. • Could develop regulations to restrict storage location. o Dumpsters are required to be screened from public right-of-way by a six-foot fence, wall, or landscaping on commercial, industrial, and multi-family properties. • See opt ion 2 above for staff comments. o Trucks may have to drive over street improvements to access homes with dumpsters. • Damage to City-owned curbs, gutters, and sidewalks where there are improvements • Damage to homeowner's homeowner's driveways if they must drive onto these surfaces to access a dumpster. • Areas with no improvements may develop large ruts and track dirt or mud onto the streets. Option 4 -Develop dumpster size restrictiolls tltat are proportionate to lot size. Sta(( comments o This would create a variable standard. o Larger residential parcels would be allowed larger trash receptacles. • Restricts a small parcel with two single family or multi-family dwellings on them from having a dumpster. 6 o Further staff research would be required as to how this would be developed and implemented. • Not many models from other municipalities with similar regulations to develop a framework from. o Extra time would be spent determining if a dumpster is "too large" for a property during inspections as dumpsters of the same capacity vary in dimensions from company to company and the size of the lot would need to be researched. • Difficultly administering the size limits on every dumpster since each lot could allow something different. • Would possibly have to create a "dumpster tracking system" or permit to ensure that each dumpster complies with the size limits set for that property. o Dumpsters are not easily movable and could likely result in dumpsters being stored in front setback areas or near the street. • Could develop regulations to restrict storage location. o Dumpsters are required to be screened from public right-of-way by a six foot fence, wall, or landscaping on commercial, industrial, and multi-family properties. • See option 2 for staff comments. o Trucks may have to drive over street improvements to access homes with dumpsters. • See option 3 above for staff comments. CITY COVNCrL RECOMMENDED CHANGES Based on discussion at the June 4 Study Session, Council, suggested moving forward with an amendment to Chapter 26, Section 614 of the Code of Laws. The proposed amendment would: • Remove all size restrictions for trash receptacles on single and two-family dwelling units. • Require any dumpster 1.5 cubic yards or larger to have direct access to the public right-ofway so drive trash trucks across public improvements (curbs/gutters/sidewalks) in order to empty the dumpsters. • Require screening of any trash receptacle over one (I) cubic yard or (I) 96-gallon container. Multiple 96-gallon trash receptacles would also require screening. Staff comments • All properties in the City may have a dumpster with no size restriction. o May need to set a maximum size to avoid residential properties having construction construction roll-off type trailers for extended periods of time. • Dumpsters having direct access to the right-of-way would need to be screened by a six-foot fence, wall or landscaping. o Could result in an increase in variance requests to screen dumpsters. • Additional financial burden on the property owner. o Six-foot fences in the front setback may cause safety issues with the sight distance triangle that must be maintained for motorists' visibility. o The screening in front setbacks could create more targets for graffiti, "tagging" or other vandalism. • Results in unforeseen maintenance costs for owners. • Many properties currently have two (2) 96 gallon containers (I for trash, I for recycling) 7 o These properties would be required to screen those containers. REVEST FOR POLICY DIRECTION Based on the additional information and analysis, staff is requesting confirmation of the motion the Council made at the June 4, 2009 Study Session regarding the revisions of the ordinance regarding residential dumpsters. 8 ZOA‐09‐04 Residential Dumpster Regulations City Council/Planning Commission Study Session July 20, 2009 Current Regulations • Section 26‐614 – Trash Storage Area Screening – Residential trash containers are not required to be screened from view – 1 cubic yard size restriction – Temporary dumpsters allowed • Allowed on agriculturally zoned properties with single family residences (SFR). • Variances – Administrative – Public Hearing Issues • 1 cubic yard dumpsters unavailable. • 1 large container is easier to maintain . • Prohibits “dumpster sharing.” • Two‐dwelling units produce more garbage. • Larger lots produce more garbage. • Larger families produce more garbage. 4 cubic yards 807.8 gallons 3 cubic yards 605.9 gallons 2 cubic yards 403.9 gallons 1 ½ cubic yards 302.9 gallons 1 cubic yard 201.9 gallons Dumpster Size Capacity Dimensions Capacity (gallons) Of sufficient size to Title 6-Health, Safety, and Sanitation accommodate the regular accumulation of trash for that use Boulder Garbage container and contents cannot exceed 75 lbs. Chapter 7 – Health, Sanitation, and Animals Edgewater 35 gallons Garbage container and contents cannot exceed 100 lbs. Littleton 32 gallons Title 7 – Health and Sanitation Westminster 1 cubic yard Title 8 – Health and Sanitation Lakewood 90 gallons Chapter 8 -Health and Safety Garbage container and contents cannot exceed 350 lbs. Chapter 16 -Public Property, Utilities, and Services Thornton 110 gallons Garbage container and contents cannot exceed 80 lbs. Garbage container must Chapter 8 -Garbage, Trash, and Weeds be larger than 32 gallons Commerce City Dumpsters must be in the side or rear yard Arvada No size restriction Chapter 90 – Solid Waste Wheat Ridge 1 cubic yard Chapter 26 – Zoning Code Residential Size Code Section Additional Restrictions Restriction City City Council Recommended Changes • Remove all dumpster restrictions. • Any dumpster, 1.5 cubic yards or larger must have must have direct access to public rightof‐way. • Screening for any more than one, 96 gallon trash co ntainer Issues • All properties in Wheat Ridge now eligible to have a dumpster with no size restriction. • Dumpsters having direct access to the right of way would need to be screened. • Many properties currently have at least two, 96 gallon trash containers. Options • No change to the current regulations. • Amend the Code of Laws to reflect more current standards. • Remove all residential trash receptacle size restrictions. • Develop dumpster size restrictions that are proportionate to lot size. · , ~ r City of '~WheatRL-dge ~PUBlI C WORKS TO: THROUGH: FROM: DATE: SUBJECT: Memorandum Mayor and City Council Randy Young, Cily Manager Tim Paranto, Director of Public Works Patrick Goff, Deputy City Manager Heather Geyer, Assistant to the City Manager July 14,2009 Public Service Company Franchise Agreement The existing franchise with Public Service Company ("Company") for electric and natural gas service within the City will expire on February 27,20 I O. Contemplating a ballot question concerning the franchise renewal on the November 3, 2009 general election, Staff has negotiated a new franchise agreement for City Council consideration. The significant changes in the proposed agreement include: I. The method of calculating use tax is referenced in the agreement. A proposed supplemental agreement (attached) is proposed because the method of calculation may change over the life of the new franchise . 2. The City and the Company agree to coordinate construction activities in City streets. 3. The Company will reimburse the City for graffiti removal from Company facilities and equipment in the street rights-of-way. The new agreement will reference a supplemental agreement which is attached. 4. The Company agreed to obtain City permits for all tree trimming in City rights-of-way. City Staff will condition all permits on notification of affected properly owners. 5. The new agreement will allow the City to repair the streets where Company street repairs have failed . The City will bill the Company for the emergency repairs. 6. The Company will be more proactive in the removal of telephone and cable lines from Company power poles following undergrounding projects. 7. There will be time limits for performing undergrounding projects. 8. The term of the new franchise will be twenty (20) years. With City Council approval, an ordinance will be prepared for approval of the franchise agreement and placed on the July 27, 2009 City Council meeting agenda for first reading. Attachments: I. Draft Public Service Company Franchise Agreement 2. Use Tax Agreement 3. Graffiti Removal Agreement 4. Public Service Company Franchise Election Schedule FRANCHISE AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE, COLORADO AND PUBLIC SERVICE COMI)ANY OF COLORADO ARTICLE I DEFINITIONS ARTICLE 2 GRANT OF FRANCHISE ARTICLE 3 CITY POLICE POWERS ARTICLE 4 FRANCHISE FEE ARTICLE 5 ADMINISTRATION OF FRANCHISE ARTICLE 6 SUPPLY, CONSTRUCTION, AND DESIGN ARTICLE 7 RELIABILITY ARTICLE 8 COMPANY PERFORMANCE OBLIGATIONS ARTICLE 9 BILLING AND PAYMENT ARTICLE \0 USE OF COMPANY FACILITIES ARTICLE 11 UNDERGROUNDING OF OVERHEAD FACILITIES ARTICLE 12 PURCHASE OR CONDEMNATION ARTICLE 13 MUNICIPALLY PRODUCED UTILITY SERVICE ARTICLE 14 ENVIRONMENT AND CONSERVATION ARTICLE 15 TRANSFER OF FRANCHISE ARTICLE 16 CONTINUATION OF UTILITY SERVICE ARTICLE 17 INDEMNIFICATION AND IMMUNITY ARTICLE 18 BREACH ARTICLE 19 AMENDMENTS ARTICLE 20 EQUAL OPPORTUNITY ARTICLE 21 MISCELLANEOUS 1098204.3 7114/09 TABLE OF CONTENTS ARTICLE I DEFINITlONS ................ .... ................ ........... .... .... .. ............ ... ...... ..... ... .. .. .... ... ...... 1 §I.I "City" ......................... ... ... ........ .......................... ...... ... ............. ............ .. ... ... ..... ........ 1 § 1.2 "City Council" ..... .. .... .. ........ ......................... .. .... ..... ... ... ...... ... ........... .. ........... ... ....... I § 1.3 "Clean Energy" .... ........................ ... ... .. .................. .................. .......... ........ .... ...... ... .. I § 1.4 "Company" ......................... ... ... ... ....... ... ....... ..... ................. ........ ........ .. .... ... ...... .... ... I § 1.5 "Company Facil ities" .. .... .. .... ............................... .. .. .. .... ... ........ .. ...... .... ........ .. .......... I § 1.6 "Electric Gross Revenues" ................. ...... .. .. ............ ............... .................................. I § 1.7 "Energy Conservation" ........ .... .. ... ...... ............................ ..................... .......... .. .. .. .. ... I § I.S "Energy Efficiency" .. ........... .... ..... .. ........ ........ .. .. .. .. .... .... ... ............................... ........ I § 1.9 "Force Majeure" .. ... .. ......... .............. ..... .. .. ... ... ...... ......... ..... .... .... ....... ... .................. ... I § 1.1 0 "Gross Revenues" ............ ........ .... .... .................... ............. .. ......... ........ .... .... .. .... .. .. ... 2 § 1.11 "Other City Property" ....... .. .... .... ............. ............ ..... .. ............ ................. .... .. .. ......... 2 § 1.12 "Private Project" ............................. .......... ................ .................. .... ....... .. ................. 2 § 1.13 " Public Project" ...... .. ................ .... .. .. ................................ .. .................. ........... .. ....... 2 § 1.14 "Public Utilities Commission" ................ .... .. .. ........ .. ...... .... ...... .. ... .. .. .. .. ... ........ ........ 2 § 1.15 "Public Utility Easement" .......... .... .. .. .. ...... ............. .... ............................ ..... ...... .. .. ... 2 § 1.16 "Renewable Energy Resources" .... ............ ... .. .... .... .. .. .... .. ...... .. ..... .... ......... .. .. .. ........ 2 § 1.17 "Residents" .... .. .. .... ........................ .... .. .. ...... ........ ........ .............. .. ............ .. ............... 3 § I. IS "Streets" or "City Streets" .................................. ..................................... .... ..... ........ 3 § 1.19 "Supporting Documentation" ................................ .. ..... ... ........ ...... ........ .. .. .... .. .... .. .... 3 § 1.20 "Tariffs" ... .... ....... ........................... ........ .. ... ... ...... ... ..... ... ... ... ....... ... ......... ............... .. 3 § 1.21 "Uti lity Service" ...... ......... ... ... .... .. .... .. ......................... .................. ........... .... .... .... ... .. 3 ARTICLE 2 GRANT OF FRANCHISE ........ ................ ..... .. ... ........................ .. ... ............ .. .. ..... 3 §2.1 Grant of Franchise ..... .. ... ... ......... ............... ... ... .... .. ... ..... ... .... .. ..... ..... ..... .. .. ..... ... .... .... 3 §2.2 Conditions and Limitations .. ......... ... ..... .. ...... ... ................... .... .... ..... ......................... 4 §2.3 Effective Date and Term . .... .... .... .. .... .................................. ........................ ...... ........ 4 ARTICLE 3 CITY POLICE POWERS ...... ............. ........ .. ......... .... .................. .. ....... .. ... ...... .. .. .. 4 §3.1 Police Powers ... .. .... .. ........ .. ... ... .. ......................... ............................ .. ... ... ... .. .. .... .. ..... 4 §3 .2 Regulation of Streets or Other City Property .... .. .... .... .. .. ...... .. .............. .. .. ............... .4 §3.3 Compliance with Laws ....... ... ... ...... .... ........................ .. .............................. ... .... ..... .. 4 ARTICLE 4 FRANCHISE FEE ... .... .. ...... ...... .. .. ............................................ ................... ...... .. . 5 §4.1 Franchise Fee . .......... ... ...... ... ... ... .... .. .... ................................. ... .......................... ... .... 5 §4.2 Remittance of Franchise Fee ..................... ....... ......... .. .. ......... .. ...... .... .... .... ... .. .... .... .. 5 §4.3 Franchise Fee Payment not in Lieu of Permit or Other Fees .. ...... ...... ...................... 6 ARTICLE 5 ADMINISTRATION OF FRANCHISE .. ........................ .......... ................. ........... 7 §5.1 City Designee ..... .... .......... ..... ... .. ..... .. ... .. ...................................... ................... .......... 7 §5.2 Company Designee ...... ... ... .... ... ... ........................ ............................. ... .......... .... .. ... .. 7 §5.3 Coordination of Work .... ............ ..... ... ... ... ... .... .... .. ... .. .......... .... ..... .. ....... .. ... .. .. ... .... ... 7 ARTICLE 6 SUPPLY, CONSTRUCTION, AND DESIGN ....... ..... ... ................... ... ... ........ .... .. 8 §6.1 Purpose ........... .. .. .... .. ..... ..... ... ..... ... .......................... .. .... ............. .. .. .. ..... ... ... .... .......... 8 §6.2 Supply ................................................. ... ..... ... ...... ... ....... ....... ....... .. ...... ..................... 8 §6.3 Service to City Facilities ................... .. .. ..................... ............................................... 8 §6.4 Restoration of Service ...... .... .... ................................. ..... ... .. .. ... .. ....... .. ...... ......... ... .... 8 §6.5 Obligations Regarding Company Facilities . .......... .......................... ......................... 8 §6.6 Excavation and Construction ... ......... ..... .... .... ..... ...... .......... ............. ... ........... ...... ... 10 §6.7 Restoration ......... ... ... ........ ............................. ...... .... ....... ...... .... .. ... ...... ............. .... ... 10 §6.8 Relocation of Company Facilities ..... .. ................................. ................................... II §6.9 New or Modified Service Requested by City .... .. ........................ .... ......... ....... .... ... 12 §6.10 Service to New Areas .................. .............. .. ................... ................. ..... .............. ..... 12 §6.11 City Not Required to Advance Funds ............... ..... ................................................. 12 §6.12 Technological Improvements ......................................... ..... ............. ... ..... ..... ....... ... 13 ARTICLE 7 RELIABI LlTY ............................................... ...................................................... 13 §7.1 Reliability ............................................................................................... .. ............... 13 §7.2 Franchise Performance Obligations .............. ....... ...... ... ..... ... .................................. 13 §7.3 Reliability Reports ............ ..... ... .............. ......... .... ........ ..... ...... .. ... ..... ... ... .... ..... .. ..... 13 ARTICLE 8 COMPANY PERFORMANCE OBLIGATIONS .............................. .. .... ........... 13 §8.1 New or Modified Service to City Facilities .......... .................................................. 13 §8.2 Adjustments To Company Facilities .............................. .... ...... ..................... .... ...... 14 §8.3 Third Party Damage Recovery ............. .... ... ......... ............................ ........ ... ...... .. .... 14 ARTICLE 9 BILLING AND PA YMENT.. .................... .................. ........................................ 15 §9.1 Billing for Utility Services ....... ..... ...... ......... ..... ....... ... .................. ..... .......... ........... 15 §9.2 Payment To City ........... ........ ............... .......... ...... ....... ................. .... ....... .. .......... .... 15 ARTICLE 10 USE OF COMPANY FACILITIES ................................................................... 16 § 1 0.1 City Use of Company Electric Distribution Facilities ........................... ................. 16 § 10.2 Third Party Use Of Company Facilities .... ..... ... ........ .. ....................... .. ........ ..... ... ... 16 §10.3 City Use of Company Transmission Rights-of-Way ........................... ................... 16 § I 0.4 Emergencies .. ... ........ .. .... .. .. .. .... ... ....... ... .. .... ... ..... .... .... .... ....... .... ....... ... .. .. ... ... ... ...... 16 ARTICLE 11 UNDERGROUNDING OF OVERHEAD FACILITIES ................... ...... ......... 17 § 11.1 Underground Electrical Lines in New Areas ................... .............. ..................... .... 17 § 11 .2 Underground Conversion At Expense Of Company ............ .... ...................... .. ...... 17 § 11.3 Undergrounding Performance ............................................... ..... .. ........................... 17 § 11.4 Audit of Underground Fund ..... ...... .. ................ .. ...... ........................ ....................... 19 § 11.5 Cooperation with Other Utilities ....... ... .............. ... .. ................. ........... ........ .. .......... 19 § 11.6 Planning and Coordination of Undergrounding Projects ...... .............. .. .. .......... .... .. 19 ARTICLE 12 PURCHASE OR CONDEMNATION .. .. ......... .......................... .. ............ .... ...... 20 § 12.1 Municipal Right to Purchase or Condemn .............. .. ...... ...... ......... ........ .... .... .. ....... 20 ARTICLE 13 MUNICIPALLY PRODUCED UTILITY SERVICE .......... ......... .................... 20 § 13.1 Municipally Produced Utility Service . .............. ................................. .................... 20 \I ARTICLE 14 ENVIRONMENT AND CONSERVATION .... ... .. ..... ...... ...... ... ...... .. ... ...... ... .... 20 § 14.1 Environmental Leadership .... .. ....................... ........ .. .. ... .... .. ........................ .... .... .... 20 § 14.2 Conservation ........... ...... ..................... ..... .... .. ... ....... ... ... ... .. ....... ...... ...... ............ ... ... 21 § 14.3 Continuing Commitment. .... .. ... .... .. ..... ................................ .. .......... .... .. .. ........ ....... 22 §14.4 PUC Approval ... ... ...... .. .. ..... .. ........................... .... ....... ..... ....... ................................ 22 ARTICLE 15 TRANSFER OF FRANCHISE ................. .. .. .... .. ..................... .......................... 22 § 15.1 Consent of City Required .. .... .. .... ...................... ............. .. ........ ..................... .... .. .. .. 22 § 15.2 Transfer Fee ....... ... .. .............................. ... ... .. ... ... .. ... .. ................ ......... ....... ............. 22 ARTICLE 16 CONTINUATION OF UTILITY SERVICE .. .. .. .... ................................. ..... .. ... 23 § 16.1 Continuation of Utility Service .. ............ .......... .. .. .. ... .... ..... .... ........................ .... ..... 23 ARTICLE 17 INDEMNIFICATION AND IMMUNITy ..... .. .. ...... ... ........ ...... ... .. ... .. .... ..... .. ... 23 § 17.1 City Held Harmless ...................... .. .... .. .......... .. .... .. .. ....... .............. ................. ......... 23 § 17.2 ImmlLnity ................................. ....... ..... .. ..... ... ....... ...... ... ..... ..... ... .............. ....... ... ..... 24 ARTICLE IS BREACH ..... .......... ... ... ... ... ... ...... ........ ..... ........... ............ .............. ........ .. ... ........ 24 § IS. I Non-Contestabi lity .. ....... .. .... .. ......... ......... ............... .. ...................... .. ... .. .. ... .... .. ...... 24 § IS.2 Breach . ...... .. ... .. ... .. .. .... .. ... .. ......... ............ .. .. .... .. ... ..... .. ...... .. ................................ .... 24 ARTICLE 19 AMENDMENTS .. ... ............... ............. ...... .. .. ... .... .. .. .. .......... ... ...... ................ .... 25 § 19.1 Proposed Amendments ......................... .. ............... ........... .. .......... ...... .. ..... .. ... .... .... 25 § 19.2 Effective Amendments ........... .... .... .. .. .... ...... ......... .... ... .... .... .... ...... ....... ....... .. .... .. ... 25 ARTICLE 20 EQUAL OPPORTUNITY .............. ... ............... ......... ........ .... ........ ... .. ..... ... ... .... 25 §20.1 Economic Development. .... ... ....... .......... ................. ........... ......... ... ... .... .... ... ........... 25 §20.2 Employment. .. .. .............. ... ..................... ... .. .. ... .... .. .... .... .... .. ................................... 26 §20.3 Contracting ........... .......... .... ..... ... ... ...... .. .. ... .... .. ....... .......... .. ...... ...... ... .. ... ...... .. ... ... .. 26 §20.4 Coordination .......... .. ... .. .......... ... ... ............. ... ... ... .... ................................................ 27 ARTICLE 21 MISCELLANEOUS ....... .... ................... ... .. ....... ................................................ 27 §2 1.1 No Waiver .... ... .... .. .. ... ...... .. ............ .... .................. .... ...... ......................................... 27 §2 1.2 Successors and Assigns ... ...... ....... ... .... ... ... ... ...... .. .... ...... ..... .... .... ... .. .... .. .. .. ...... .. ..... 27 §2 1.3 Third Parties .. ... .. .. ... .. .. .. .... ... ..... ................................................... ... ........................ 27 §2 1.4 Notice .............................................. .... ..... .... .. ....... .... ...... .. ............ ........... ...... ... ... ... 27 §2 1.5 Examination Of Records .. ... .... .. ... .... .. .. ... ... ... .... .... ... ... ... .. ........ .... ... ..... .... ....... .. .... .. 2S §21.6 List of Utility Property .... ... .. ... ...... ... ......................... .......... ... ....... .. ....... ... .. .. .... .. .... 29 §2 1.7 PUC Filing ... .. ........ .. ........................ ....... ...... .. .. .. .. .. .. ...... .... ... ....... .... ........ ...... ........ 29 §2 1.S In fo rmation .. .. ...... ............. .... .. ... ... .... .. ...... ... ... .......... ... ..... ...... ... ...... ..... ........... .. ... .. 29 §21.9 Payment of Taxes and Fees .. .............................. .. .. ...... .................. ....... .. ... ............. 29 §21 .10 Conflict of Interest .............................. .. ...... ... ........ .... .. ...... ........ .... .. .......... ..... .. .... .. 29 §21 .11 Certificate of Public Convenience and Necessity ............. .... .. .... ... .. .... .. .. ... ...... ... ... 30 §21.12 Authority .. ... .. .. .. .. ........... .. ... ... .................... ....... .. .. ... ... ..................... .. ........ ... .......... 30 §2 1.13 Severability ................................. .......... ................ ... ........... .. .. .......... ...................... 30 §21.14 Force Majeure ..... ...... .. ... .... .. .. .. ....... ... .... ... ..... .. ..................... .. ........ .. ...... .... .... ... ..... 30 §21 .15 Earlier Franchises Superseded ............... ............................... ................ ......... .... ..... 30 III §21 .16 Titles Not Controlling .................................. ............................. .............. ... ..... ........ 30 §21.17 Applicable Law ............... .............. .. ... .. .. .... .. .. .... .. ..... ........ ...................................... 30 §21.18 Payment Of Expenses Incurred By City In Relation To Franchise Agreement ..... 30 §21.19 Incremental Costs .... ... .......... ........... ... .. .. ... ... ...... .. ....................... .......... ... ............... 30 IV ARTICLE I DEFINITIONS For the purpose of this franchise, the following words and phrases shall have the meaning given in this Article. When not inconsistent with context, words used in the present tense include the fuhlre tense, words in the plural include the singulru', and words in the singular include the plural. The word "shall" is mandatory and "may" is permissive. Words not defined in this Article shall be given their common and ordinary meaning. §l.l "City" refers to the City of Wheat Ridge, a municipal corporation of the State of Colorado. § 1.2 "City Council" or "Council" refers to the legislative body ofthe City. § 1.3 "Clean Energy" means energy produced from Renewable Energy Resources, eligible energy sources, and by means of advanced technologies that cost-effectively capture and sequester carbon emissions produced as a by-product of power generation. For purposes of this definition, "cost" means all those costs as determined by the PUC. § 1.4 "Company" refers to Public Service Company of Colorado d/b/a Xcel Energy and its successors and assigns including affiliates or subsidiaries that undertake to perform any of the obligations under this franchise. § 1.5 "Company Facilities" refer to all facilities of the Company reasonably necessary to provide gas and electric service into, within and through the City, including but not limited to plants, works, systems, substations, transmission and distribution structures, lines, equipment, pipes, mains, conduit, transformers, underground lines, gas compressors, meters, meter reading devices, communication and data transfer equipment, control equipment, gas regulator stations, street lights, wire, cables and poles. § 1.6 "Electric Gross Revenues" refers to those amounts of money which the Company receives from the sale or delivery of electricity in the City, after adjusting for refunds, net write-offs of accounts, corrections, or regulatory adjustments. Regulatory adjustments include, but are not limited to, credits, surcharges, refunds, and pro-forma adjustments purSUrult to federal or state regulation. "Electric Gross Revenues" shall exclude any revenue for the sale or delivery of electricity to the City as a customer of the Company. § 1.7 "Energy Conservation" means the decrease in energy requirements of specific customers during any selected time period, resulting in a reduction in end-use services. § 1.8 "Energy Efficiency" means the decrease in energy requirements of specific customers during any selected period with end-use services of such customers held constant. § 1.9 "Force Majeure" means the inability to undertake an obligation of this franchise due to a cause that could not be reasonably anticipated by a party or is beyond its reasonable control after exercise of best efforts to perform, including but not limited to fire, strike, war, riots, terrorist acts, acts of goverrunental authority, acts of God, floods, epidemics, quarantines, labor disputes, unavailability or shortages of materials or equipment or failures or delays in the delivery of materials. Neither the City nor the Company shall be in breach of this franchise if a failure to perform any of the duties under this franchise is due to a Force Majeure condition. § 1.10 "Gross Revenues" refers to those amounts of money which the Company receives from the sale of gas and electricity within the City under rates authorized by the Public Utilities Commission, as well as from the transportation of gas to its customers within the City and those amounts of money, excluding expense reimbursements, which the Company receives from the use of Company facilities in Streets and Other Public Places (unless otherwise preempted by applicable federal or state law), as adjusted for refunds, net write-offs of uncollectible accounts, corrections, or regulatory adjustments. Regulatory adjustments include, but are not limited to, credits, surcharges, refunds, and pro-forma adjustments pursuant to federal or state regulation. "Gross Revenues" shall exclude any revenues from from the sale of gas or electricity to the City or the transportation of gas to the City. § 1.11 "Other City Property" refers to the surface, the air space above the surface and the area below the surface of any property owned or controlled by the City or hereafter held by the City, that would not otherwise fall under the definition of "Streets," but which provides a suitable location for the placement of Company facilities as specifically approved in writing by the City. § 1.12 " Private Project" refers to any project which is not covered by the definition of Public Project. §1.13 " Public Project" refers to (I) any public work or improvement within the City that is wholly or beneficially owned by the City; or (2) any public work or improvement within the City where fifty percent (50%) or more of the funding is provided by any combination of the City, the federal government, the State of Colorado, any Colorado county, or the Regional Transportation District, but excluding all other entities established under Title 32 of the Colorado Revised Statutes. § 1.14 "Public Utilities Commission" or "PUC" refers to the Public Utilities Commission of the State of Colorado or other state agency succeeding to the regulatory powers of the Public Utilities Commission. § 1.15 "Public Utility Easement" refers to any easement over, under, or above public or private property, dedicated to the use of public utility companies for the placement of utility facilities, including but not limited to Company Facilities. Public Utility Easement shall not include any easement that is located within Streets or Other City Property. § 1.16 "Renewable Energy Resources" means wind, solar, geothermal; biomass from nontoxic plant matter consisting of agricultural crops or their byproducts, urban wood waste, mill residue, slash, or brush, or from animal wastes and products of animal wastes, or from methane produced at landfills or as a by-product of the treatment of wastewater residuals; new hydroelectricity with a nameplate rating often megawatts or less; and hydroelectricity in existence on January I, 2005, with a nameplate rating of thirty megawatts or less; fuel cells using hydrogen derived from a Renewable Energy Resource; and recycled energy 2 produced by a generation unit with a nameplate capacity of not more than fi fteen megawatts that converts the otherwise lost energy from the heat from exhaust stacks or pipes to electricity and that does not combust additional fossil fuel, and includes any eligible renewable energy resource as defined in § 40-2-124(\)(a), C.R.S., as the same shall be amended from time to time. § 1.17 "Residents" refers to all persons, businesses, industries, governmental agencies, including the City, and any other entity whatsoever, presently located or to be hereinafter located, in whole or in part, within the territorial boundaries of the City. § 1.18 " Streets" or "City Streets"refers to the surface, the air space above the surface and the area below the surface of any City-dedicated streets, alleys, bridges, roads, lanes, public easements (excluding any easements the terms of which do not permit the use thereof by public utilities), and other public rights-of-way within the City, which are primarily used for motorized vehicle traffic. Streets shall not include Public Utility Easements. § 1.19 "Supporting Documentation" refers to all information reasonably required in order to allow the Company to design and construct any work performed under the provisions of this franchise. § 1.20 "Tariffs" refer to those tariffs of the Company on file and in effect with the PUC. § 1.21 "Utility Service" refers to the sale of gas or electricity to Residents by the Company under rates approved by the PUC, as well as the delivery of gas to Residents by the Company. §2.1 Grant of Franchise. ARTICLE 2 GRANT OF FRANCHISE A. Grant. The City hereby grants to the Company, subject to all conditions, limitations, terms, and provisions contained in this franchise, the non-exclusive right to make reasonable use of City Streets and Other City Property: (1) to provide Utility Service to the City and to its Residents under tariffs on file with the PUC; and (2) to acquire, purchase, construct, install, locate, maintain, operate, and extend into, within and through the City all Company Facilities reasonably necessary for the generation, production, manufacture, sale, storage, purchase, exchange, transmission, transportation and distribution of Utility Service within and through the City. B. Street Lighting and Traffic Signal Lighting Service. Street lighting service and traffic signal lighting service within the City shall be governed by tariffs on file with the Colorado PUC. 3 §2.2 Conditions and Limitations. A. Scope of Franchise. The grant of this franchise shall extend to all areas of the City as it is now or hereafter constituted that are within the Company's PUC-certificated service territory; however, nothing contained in this franchise shall be construed to authorize the Company to engage in activities other than the provision of Utility Service. B. Subject to City Usage. The right to make reasonable use of City Streets to provide Utility Service to the City and its Residents under the franchise is subject to and subordinate to any City usage of said Streets. C. Prior Grants Not Revoked. This grant is not intended to revoke any prior license, grant, or right to use the Streets and such licenses, grants or rights of use are hereby affirmed. Such rights shall, however, be governed by the terms of this franchise. D. Franchise Not Exclusive. The rights granted by this franchise are not, and shall not be deemed to be, granted exclusively to the Company, and the City reserves the right to make or grant a franchise to any other person, firm, or corporation. §2.3 Effective Date and Term. A. Term. This franchise shall take effect on February 28, 20 I 0, and shall supersede any prior franchise grants to the Company by the City. This franchise shall terminate on February 27, 2030, unless extended by mutual consent. ARTICLE 3 CITY POLICE POWERS §3.1 Police Powers. The Company expressly acknowledges the City'S right to adopt, from time to time, in addition to the provisions contained herein, such laws, including ordinances and regulations, as it may deem necessary in the exercise of its governmental powers. If the City considers making any substantive changes in its local codes or regulations that in the City's reasonable opinion will significantly impact the Company's operations in the City's Streets and Other City Property, it will make a good faith effort to advise the Company of such consideration; provided, however, that lack of notice shall not be justification for the Company's non-non-compliance with any applicable local requirements. §3.2 Regulation of Streets or Other City Property. The Company expressly acknowledges the City's right to enforce regulations concerning the Company's access to or use of the Streets, including requirements for permits. §3.3 Compliance with Laws. The Company shall promptly and fully comply with all laws, regulations, permits, and orders enacted by the City. 4 §4.! Franchise Fee. ARTICLE 4 FRANCHISE FEE A. Fee. In partial consideration for the franchise, which provides for the Company's use of City Streets, which are valuable public properties acquired and maintained by the City at great expense to its Residents, and in recognition of the fact that the grant to the Company of the use of City Streets is a valuable right, the Company shall pay the City a sum equal to three percent (3%) of all Gross Revenues. To the extent required by law, the Company shall collect this fee from a surcharge upon City residents who are customers of the Company. B. Obligation in Lieu of Fee. In the event that the franchise fee specified herein is declared void for any reason by a court of competent jurisdiction, unless prohibited by law, the Company shall be obligated to pay the City, at the same times and in the same manner as provided in the franchise, an aggregate amount equal to the amount which the Company would have paid as a franchise fee as partial consideration for use of the the City Streets. To the extent required by law, the Company shall collect the amounts agreed upon through a surcharge upon Utility Service provided to City Residents. C. Changes in Utility Service Industries. The City and the Company recognize that utility service industries are the subject of restructuring initiatives by legislative and regulatory authorities, and are also experiencing other changes as a result of mergers, acquisitions, and reorganizations. Some of such initiatives and changes have or may have an adverse impact upon the franchise fee revenues provided for herein. In recognition of the length of the term ofthis franchise, the Company agrees that in the event of any such initiatives or changes and to the extent permitted by law, upon receiving a written request from the City, the Company will cooperate with and assist the City in modifying this franchise to assure that the City receives an amount in franchise fees or some other form of compensation that is the same amount of franchise fees paid to the City as of the date that such initiatives and changes adversely impact franchise fee revenues. D. Utility Service Provided to the City. No franchise fee shall be charged to the City for Utility Service provided directly or indirectly to the City for its own consumption, including street lighting service and traffic signal lighting service, unless otherwise directed by the City. §4.2 Remittance of Franchise Fee. A. Remittance Schedule. Franchise fee revenues shall be remitted by the Company to the City as directed by the City in monthly installments not more than 30 days tallowing the close of each month. B. Correction of Franchise Fee Payments. In the event that either the City or the Company discovers that there has been an error in the calculation of the franchise fee 5 payment to the City, it shall provide written notice of the error to the other party. [f the party receiving written notice of the error does not agree with the written notice of error, that party may challenge the written notice of error pursuant to Section 4.2.0 of this franchise; otherwise, the error shall be corrected in the next monthly payment. However, if the error results in an overpayment of the franchise fee to the City, and said overpayment is in excess of Five Thousand Dollars ($5,000.00), credit for the overpayment shall be spread over the same period the error was undiscovered. All franchise fee underpayments shall be corrected in the next monthly payment, together with interest computed at the rate set by the PUC for customer security deposits held by the Company, from the date when due until the date paid. [n no event shall either party be required to fund or refund any overpayment or underpayment made as a result of a Company error which occurred more than five (5) years prior to the discovery of the error. C. Audit of Franchise Fee Payments. (I) Every three (3) years commencing at the end of the third year of this franchise, the Company shall conduct an internal audit to investigate and determine the correctness of the franchise fee paid to the City. Such audit shall be limited to the previous three (3) calendar years. The Company shall provide a written report to the City Manager containing the audit finding. (2) [f the City disagrees with the results of the audit, and if the parties are not able to informally resolve their differences, the City may conduct its own audit at its own expense, and the Company shall cooperate fully, including but not necessarily limited to, providing the City'S auditor with all information reasonably necessary to complete the audit. (3) [f the results of a City audit conducted pursuant to subsection C (2) concludes that the Company has lmderpaid the City by two percent (2%) or more, in addition to the obligation to pay such amounts to the City, the Company shall shall also pay all costs ofthe City'S audit. D. Fee Disputes. Either party may challenge any written notification of error as provided for in Section 4.2.B of this franchise by filing a written notice to the other party within thirty (30) days of receipt of the written notification of error. The written notice shall contain a summary of the facts and reasons for the party's notice. The parties shall make good faith efforts to resolve any such notice of error before initiating any formal legal proceedings for the resolution of such error. E. Reports. Upon written request by the City, but not more than once per year, the Company shall supply the City with reports, in such formats and providing such details as reasonably requested by the City, of all suppliers of utility service that utilize Company Facilities to sell or distribute utility service to Residents and the names and addresses of each such supplier. §4.3 A. Franchise Fee Payment not in Lieu of Permit or Other Fees. Payment of the franchise fee does not exempt the Company from any other lawful tax or fee imposed 6 generally upon persons doing business within the City, including any fee for a street closure permit, an excavation permit, a street cut permit, or other lawful permits hereafter required by the City, except that the franch ise fee provided for herein shall be in lieu of any occupation, occupancy or similar tax for the use of City Streets. The Company shall pay use taxes on materials used or installed in the City in accordance with the formula and procedure set forth in the "Agreement Between Public Service Company of Colorado and the City of Wheat Ridge on Sales and Use Tax Matters" dated January IS, 1979, as the same may be changed by the parties ARTICLES ADMINISTRATION OF FRANCmSE §S.l City Designee. The City Manager shall designate in writing to the Company an official having full power and authority to administer the franch ise. The City Manager may also designate one or more City representatives to act as the primary liaison with the Company as to particular matters addressed by this franchise and shall provide the Company with the name and telephone numbers of said City representatives. The City Manager may change these designations by providing written notice to the Company. The City's designee shall have the right, at all reasonable times, to inspect any Company Facilities in City Streets and Other City Property. §S.2 Company Designee. The Company shall designate a representative to act as the primary liaison with the City and shall provide the City with the name, address, and telephone number for the Company's representative under this franchise . The Company may change its designation by providing written notice to the City. The City shall use this liaison to communicate with the Company regarding Utility Service and related service needs for City facilities. §S.3 Coordination of Work. The Company agrees to coordinate its activities in City Streets with the City. The City and the Company will meet annually upon the written request of the City designee to exchange their respective short-term and long-long-term forecasts and/or work plans for construction and other similar work which may affect City Streets, including but not limited to any planned City street paving projects. The City and Company shall hold such meetings as either deems necessary to exchange additional information with a view towards coordinating their respective activities in those areas where such coordination may prove beneficial and so that the City will be assured that all provisions of this franchise, building and zoning codes, and City air and water pollution regulations are complied with, and that aesthetic and other relevant planning principles have been given due consideration. 7 ARTICLE 6 SUPPLY, CONSTRUCTION, AND DESIGN §6.1 Purpose. The Company acknowledges the critical nature of the municipal services performed or provided by the City to the Residents which require the Company to provide prompt and reliable Utility Service and the performance of related services for City facilities. The City and the Company wish to provide for certain terms and conditions under which the Company will provide Utility Service and perform related services for the City in order to facilitate and enhance the operation of City facilities . They also wish to provide for other processes and procedures related to the provision of Utility Service to the City. §6.2 Supply. Subject to the jurisdiction of the PUC, the Company shall take all reasonable and necessary steps to provide a sufficient supply of gas and electricity to Residents at the lowest reasonable cost consistent with reliable supplies. §6.3 Service to City Facilities. A. Transport Gas. To the extent the City is or elects to become a gas transport customer of the Company, the Company shall transport natural gas purchased by the City for use in City facilities pursuant to separate contracts with the City. B. Charges to the City. No charges to the City by the Company for Utility Service (other than gas transportation which shall be subject to negotiated contracts) shall exceed the lowest charge for similar service or supplies provided by the Company to any other similarly situated customer of the Company. The parties acknowledge the jurisdiction of the Colorado PUC over the Company's regulated intrastate electric and gas rates. §6.4 Restoration of Service. A. Notification. The Company shall provide to the City daytime and nighttime telephone numbers of a designated Company representative from whom the City designee may obtain status information from the Company on a twenty-four (24) hour basis concerning interruptions of Utility Service in any part of the City. B. Restoration. [n the event the Company's gas system or electric system, or any part thereof, is partially or wholly destroyed or incapacitated, the Company shall use due diligence to restore such systems to satisfactory service within the shortest practicable time, or provide a reasonable alternative to such system if the Company elects not to restore such system. §6.S Obligations Regarding Company Facilities. A. Company Facilities. All Company Facilities within City Streets shall be maintained in good repair, appearance and condition. Graffiti on Company Facilities within City Streets shall be removed from Company facilities within the time established by City ordinance and in accordance with the agreement of the parties dated __ , 20 I O. The City shall inform the Company of the presence of graffiti on Company facilities in 8 writing, including by electronic mail. B. Companv Work within the City. All work within City Streets performed or caused to be performed by the Company shall be done: (I) in a high-quality manner; (2) in a timely and expeditious manner; (3) in a manner which minimizes inconvenience to the public; (4) in a cost-effective manner, which may include the use of qualified contractors; and (5) in accordance with all applicable laws, ordinances, and regulations. (6) in accordance with all required City permits. C. No Interference with City Facilities. Company Facilities shall not interfere with any City facilities, including water facilities, sanitary or storm sewer facilities, communications facilities, or other City uses of the Streets or Other City Property. Company Facilities shall be installed and maintained in City Streets and Other City Property so as to minimize interference with other property, trees, and other improvements and natural features in and adjoining the Streets in light of the Company's obligation under Colorado law to provide safe and reliable utility facilities and services. D. Permit and Inspection. The installation, renovation, replacement and maintenance of any Company Facilities in the City Streets or Other City Property by or on behalf of the Company shall be subject to permit, inspection and approval by the City. Such permitting, inspection and approval may include, but shall not be limited to, the following matters: location of Company Facilities, cutting and trimming of trees and shrubs, and disturbance of pavement, sidewalks, and surfaces of City Streets or Other City Property. The Company agrees to cooperate with the City in conducting inspections and shall promptly perform any remedial action lawfully required by the City pursuant to any such inspection. E. Compliance. The Company and all of its contractors shall comply with the requirements of all municipal laws, ordinances, regulations, permits, and standards, including but not limited to requirements of all building and zoning codes, and requirements regarding curb and pavement cuts, excavating, digging, and other construction activities. The Company shall assure that its contractors working in City Streets or Other City Property hold the necessary licenses and permits required by law. F. Increase in Voltage. The Company shall reimburse the City for the cost of upgrading the electrical system or facility of any City building or facility that uses Utility Service where such upgrading is solely caused or occasioned by the Company's decision to increase the voltage of delivered electrical energy. This provision shall not apply to voltage increases required by law, including but not limited to a lawful order of the PUC, or 9 voltage increases requested by the City. G. As-Built Drawings. Upon written request of the City designee, the Company shall provide within 14 days of project completion, on a project by project basis, as-built drawings of any Company Facility installed within the City Streets or contiguous to the City Streets. As used in this Section, as-built drawings refers to the facility drawings as maintained in the Company's geographical information system or any equivalent Company system. The Company shall not be required to create drawings that do not exist at the time of the request. §6.6 Excavation and Construction. The Company shall be responsible for obtaining, paying for, and complying with all applicable permits including, but not limited to, excavation, street closure and street cut permits, in the manner required by the laws, ordinances, and regulations of the City. Although the Company shall be responsible for obtaining and complying with the terms of such permits when performing relocations requested by the City under Section 6.8 of this franchise and undergrounding requested by the City under Article II of this franchise, the City will not require the Company to pay the fees charged for such permits. Upon the Company submitting a construction design plan, the City shall promptly and fully advise the Company in writing of all requirements for restoration of City Streets in advance of Company excavation projects in City Streets based upon the design submitted. §6.7 Restoration. When the Company does any work in or affecting the City Streets or Other City Property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such City Streets or Other City Property to a condition that is substantially the same as existed before the work, and that meets applicable City standards. If weather or other conditions do not permit the complete restoration required by this Section, the Company may with the approval of the City, temporarily restore the affected City Streets or Other City Property, Property, provided that such temporary restoration is at the Company's sole expense and provided further that the Company promptly undertakes and completes the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. Upon the request of the City, the Company shall restore the Streets or Other City Property to a better condition than existed before the work was undertaken, provided that the City shall be responsible for any incremental costs of such restoration not required by then-current City standards. If the Company fails to promptly restore the City Streets or Other City Property as required by this Section, and if, in the reasonable discretion of the City immediate action is required for the protection of public health, safety or welfare, the City may restore such City Streets or Other City Property or remove the obstruction therefrom; provided however, City actions do not interfere with Company Facilities. The Company shall be responsible for the actual cost incurred by the City to restore such City Streets or Other City Property or to remove any obstructions therefrom. [n the course of its restoration of City Streets or Other City Property under this Section, the City shall not perform work on Company facilities unless specifically authorized by the Company in writing on a project by project basis and subject to the terms and conditions agreed to in such authorization. 10 §6.8 Relocation of Company Facilities. A. Relocation Obligation. The Company shall temporarily or permanently remove, relocate, change or alter the position of any Company Facility in City Streets or in Other City Property at no cost or expense to the City whenever such removal, relocation, change or alteration is necessary for the completion of any Public Project. Any City-required removal, relocation, change or alteration of Company Facilities located in any Company owned property or any private easement or Public Utility Easement shall be at no cost to the Company. For all relocations, the Company and the City agree to cooperate on the location and relocation of the Company Facilities in the City Streets or Other City Property in order to achieve relocation in the most efficient and cost-effective manner possible. Notwithstanding the foregoing, once the Company has relocated any Company Facility at the City's direction, if the City requests that the same Company Facility be relocated within two years, the subsequent relocation shall not be at the Company's expense. Nothing provided herein shall prevent the Company from obtaining reimbursement of its relocation costs from third parties. B. Private Projects. The Company shall not be responsible for the expenses of any relocation required by Private Projects, and the Company has the right to require the payment of estimated relocation expenses from the affected private party before undertaking such relocation. C. Relocation Performance. The relocations set forth in Section 6.8.A of this franchise shall be completed within a reasonable time, not to exceed ninety (90) days from the later of the date on which the City designee requests, in writing, that the relocation commence, or the date when the Company is provided all Supporting Documentation. The Company shall receive an extension of time to complete a relocation where the Company's performance was delayed due to Force Majeure or the failure of the City to provide adequate Supporting Documentation. The Company has the burden of presenting evidence to reasonably demonstrate the basis for the delay. Upon written request of the Company, the City may also grant the Company reasonable extensions of time for good cause shown and the City shall not unreasonably withhold any such extension. D. City Revision of Supporting Documentation. Any revision by the City of Supporting Documentation provided to the Company that causes the Company to substantially redesign and/or change its plans regarding facility relocation shall be deemed good cause for a reasonable extension of time to complete the relocation tInder the franchise. E. Completion. Each such relocation shall be complete only when the Company actually relocates the Company Facilities, restores the relocation site in accordance with Section 6.7 of this franchise or as otherwise agreed with the City, and removes from the site or properly abandons on site all unused facilities, equipment, material and other impediments. F. Scope of Obligation. The relocation obligation set forth in this Section shall only apply to Company Facilities located in City Streets or Other City Property. The 11 obligation shall not apply to Company Facilities located on property owned by the Company in fee, or to Company Facilities located in privately-owned easements or Public Utility Easements. G. Underground Relocation. Underground facilities shall be relocated underground. Above ground facilities shall be placed above ground unless the Company is paid for the incremental amount by which the underground cost would exceed the above ground cost of relocation, or the City requests that such additional incremental cost be paid out of available funds under Article II of this franchise. H. Coordination. i. When requested in writing by the City designee or the Company, representatives of the City and the Company shall meet to share information regarding anticipated projects which will require relocation of Company Facilities in City Streets. Such meetings shall be for the purpose of minimizing conflicts where possible and to facilitate coordination with any reasonable timetable established by the City for any Public Project. ii. The City shall make reasonable best efforts to provide the Company with two (2) years advance notice of any planned street repaving. The Company shall make reasonable best efforts to complete any necessary or anticipated repairs or upgrades to Company Facilities that are located underneath the Streets within the two-year period if practicable. l. Proposed Alternatives or Modifications. Upon receipt of written notice of a required relocation, the Company may propose an alternative to or modification of the Public Project requiring the relocation in an effort to mitigate or avoid the impact of the required relocation of Company Facilities. The City shall in good faith review the proposed alternative or modification. The acceptance of the proposed alternative or modification shall be at the sole discretion of the City. In the event the City accepts the proposed alternative or modification, the Company agrees to promptly compensate the City for all additional costs, expenses or delay that the City reasonably determines resulted from the implementation of the proposed alternative. §6.9 New or Modified Service Requested by City. The conditions under which the Company shall install new or modified Utility Service to the City as a customer shall be governed by this franchise and the Company's PUC tariffs. §6.1O Service to New Areas. If the territorial boundaries of the City are expanded during the term of this franchise, the Company shall, to the extent permitted by law, extend service to Residents in the expanded area at the earliest practicable time if the expanded area is within the Company's PUC-certificated service territory. Service to the expanded area shall be in accordance with the terms of the Company's PUC tariffs and this franchise, including the payment of franchise fees. §6.11 City Not Required to Advance Funds. Upon receipt of the City's authorization for billing and construction, the Company shall extend Company Facilities to provide Utility Service 12 to the City as a customer, without requiring the City to advance funds prior to construction. The City shall pay for the extension of Company Facilities once completed in accordance with the Company's extension policy on file with the PUC. The City will not be required to prepay the estimated price of new or modified Utility Service to the City, including new or modified street lights. §6.l2 Technological Improvements. The Company shall use its best efforts to incorporate, as soon as practicable, technological advances in its equipment and service within the City when such advances are technically and economically feasible and are safe and beneficial to the City and its Residents. ARTICLE 7 RELIABILITY §7.1 Reliability. The Company shall operate and maintain Company Facilities efficiently and economically and in accordance with the high standards and best systems, methods and skills consistent with the provision of adequate, safe and reliable Utility Service. §7.2 Franchise Performance Obligations. The Company recognizes that, as part of its obligations and commitments under this franchise, the Company shall carry out each of its performance obligations in a timely, expeditious, efficient, economical and workmanlike manner. §7.3 Reliability Reports. Upon written request, the Company shall provide the City with a report regarding the reliability of Company Facilities and Utility Service. ARTICLE 8 COMPANY PERFORMANCE OBLIGATIONS §S.I New or Modified Service to City Facilities. [n providing new or modified Utility Service to City facilities, the Company agrees to perform as follows: A. Performance. The Company shall complete each project requested by the City within a reasonable time. The Parties agree that a reasonable time shall not exceed one hundred eighty (ISO) days from the date upon which the City designee makes a written request and provides the required Supporting Documentation for all Company Facilities other than traffic facilities. The Company shall be entitled to an extension of time to complete a project where the Company's performance was delayed due to Force Majeure. Upon request of the Company, the City designee may also grant the Company reasonable extensions of time for good cause shown and the City shall not unreasonably withhold any such extension. B. City Revision of Suooorting Documentation. Any revision by the City of Supporting Documentation provided to the Company that causes the Company to substantially redesign and/or change its plans regarding new or modified service to City facilities shall be deemed good cause for a reasonable extension of time to complete the relocation under the franchise. 13 C. CompletionlRestoration. Each such project shall be complete only when the Company actually provides the service installation or modification required, restores the project site in accordance with the terms of the franchise or as otherwise agreed with the City and removes from the site or properly abandons on site any unused facilities, equipment, material and other impediments. §8.2 Adjustments To Company Facilities. The Company shall perform adjustments to Company Facilities, including manholes and other appurtenances in Streets and Other City Property, to accommodate City street maintenance, repair and paving operations at no cost to the City. In providing such adjustments to Company Facilities, the Company agrees to perform as follows: A. Performance. The Company shall complete each requested adjustment within a reasonable time, not to exceed thirty (30) days from the date upon which the City makes a written request and provides to the Company all information reasonably necessary to perform the adjustment. The Company shall be entitled to an extension of time to complete an adjustment where the Company's performance was delayed due to Force Majeure. Upon request of the Company, the City may also grant the Company reasonable extensions of time for good cause shown and the City shall not unreasonably withhold any such extension. B. Completion/Restoration. Each such adjustment shall be complete only when the Company actually adjusts and, if required, readjusts, Company Facilities to accommodate City operations in accordance with City instructions following City paving operations. C. Coordination. As requested by the City or the Company, representatives of the City and the Company shall meet regarding anticipated street maintenance operations which will require such adjustments to Company Facilities in Streets or Other City Property. Such meetings shall be for the purpose of coordinating and facilitating performance under this Section. §8.3 Third Party Damage Recovery. A. Damage to Comoanv Interests. If any individual or entity damages any Company Facilities, to the extent permitted by law the City will notify the Company of any such incident of which it has knowledge and will provide to the Company within a reasonable time all pertinent information within its possession regarding the incident and the damage, including the identity of the responsible individual or entity. B. Damage to Comoanv Prooertv for which the City is Responsible. If any individual or entity damages any Company Facilities for which the City is obligated to reimburse the Company for the cost of the repair or replacement to the extent permitted by law, the Company will notify the City of any such incident of which it has knowledge and will provide to the City within a reasonable time all pertinent information within its possession regarding the incident and the damage, including the identity of the responsible individual or entity. 14 C. Meeting. The Company and the City agree to meet periodically upon written request of either party for the purpose of developing, implementing, reviewing, improving and/or modifying mutually beneficial procedures and methods for the efficient gathering and transmittal of information useful in recovery efforts against third parties for damaging Company Facilities. ARTICLE 9 BILLING AND PAYMENT §9.1 Billing for Utility Services. A. Unless otherwise provided in its tariffs, the rules and regulations of the PUC, or the Public Utility Law, the Company shall render bills monthly to the offices of the City for Utility Service and other related services for which the Company is entitled to payment. B. Billings for service rendered during the preceding month shall be sent to the person(s) designated by the City and payment for same shall be made as prescribed in this agreement and the applicable tariffs on file and in effect from time to time with the PUC. C. Unless otherwise requested by the City, the Company shall provide all billings and any underlying support documentation reasonably requested by the City in an editable and manipulatable electronic format that is acceptable to the Company and the City. D. The Company agrees to meet with the City designee at least annually for the purpose of developing, implementing, reviewing, and/or modifying mutually beneficial and acceptable billing procedures, methods, and formats which may include, without limitation, electronic billing and upgrades or beneficial alternatives to the Company's current most advanced billing technology, for the efficient and cost effective rendering and processing of such billings submitted by the Company to the City. §9.2 Payment To City. In the event the City determines after written notice to the Company that the Company is liable to the City for payments, costs, expenses or damages of any nature, and subject to the Company's right to challenge such determination, the City may deduct all monies due and owing the City from any other amoLlnts currently due and owing the Company. Upon receipt of such written notice, the Company may request a meeting between the Company's designee and a designee of the City to discuss such determination. The City agrees to attend such a meeting. As an alternative to such deduction, the City may bill the Company for sLlch assessment(s), in which case, the Company shall pay each such bill within thirty (30) days of the date of receipt of such bill. If the Company challenges the City determination of liability, the City shall make such payments to the Company pursuant to the Company's tariffs until the challenge has been finally resolved. 15 ARTICLE 10 USE OF COMPANY FACILITIES § 10.1 City Use of Company Electric Distribution Facilities. The City shall be permitted to make use of Company electric distribution facilities in the City at no cost to the City for the placement of City equipment or facilities necessary to serve a legitimate police, fire, emergency, public safety or traffic control purpose. The City will notify the Company in advance and in writing of its intent to use Company facilities and the nature of such use unless it is impracticable to provide such advance notice because of emergency circumstances, in which event the City will provide such notice as soon as practicable. The City shall be responsible for costs associated with modifications to Company electric distribution facilities to accommodate the City's use of such Company electric distribution facilities and for any electricity used. No such use of Company electric distribution facilities shall be required if it would constitute a safety hazard or would interfere with the the Company's use of Company electric distribution facilities. Any such City use must comply with the National Electric Safety Code and all other applicable laws, rules and regulations. § 10.2 Third Party Use Of Company Facilities. If requested in writing by the City, the Company may allow other companies who hold franchises, or otherwise have obtained consent from the City to use the Streets, to utilize Company electric distribution facilities for the placement of their facilities upon approval by the Company and agreement upon reasonable terms and conditions including payment of fees established by the Company. No such use shall be permitted if it would constitute a safety hazard or would interfere with the Company's use of Company electric distribution facilities. The Company shall not be required to permit the use of Company distribution facilities for the provision of utility service except as otherwise required by law. § 10.3 City Use of Company Transmission Rights-of-Way. The Company shall offer to grant to the City use of transmission rights-of-way which it now, or in the future, owns in fee within the City for trails, parks and open space on terms comparable to those offered to other municipalities; provided, however, that the Company shall not be required to make such an offer in any circumstance where such use would constitute a safety hazard or would interfere with the Company's use of the transmission right-of-way. In order to exercise this right, the City must make specific written request to the Company for any such use and must enter such written agreements as the Company may reasonably require. § 10.4 Emergencies. Upon written request, the Company shall assist the City in developing an emergency management plan. In the case of any emergency Ot disaster, the Company shall, upon verbal request of the City, make available Company Facilities for emergency use during the emergency or the disaster period. Such use of Company Facilities shall be of a limited duration and will only be allowed if the use does not interfere with the Company's own use of Company Facilities. 16 ARTICLE 11 UNDERGROUNDING OF OVERHEAD FACILITIES § 11 .1 Underground Electrical Lines in New Areas. The Company shall, upon payment to the Company of the charges provided in its tariffs or their equivalent, place all newly constructed electrical distribution lines in newly developed areas of the City underground in accordance with applicable laws, regulations and orders. § 11.2 Underground Conversion At Expense Of Company. A. Underground Fund. The Company shall budget and allocate an annual amount, equivalent to one percent (1 %) of the preceding year's Electric Gross Revenues (the "Fund"), for the purpose of under grounding existing overhead distribution facilities in the City, as may be requested by the City Designee. B. Unexpended Portion And Advances. Any unexpended portion of the Fund shall be carried over to succeeding years and, in addition, upon request by the City, the Company agrees to advance and expend amounts anticipated to be available tmder the preceding paragraph for up to three (3) years in in advance. Any amounts so advanced shall be credited against amounts to be expended in succeeding years. Any funds left accumulated under any prior franchise shall be carried over to this franchise. The City shall have no vested interest in monies allocated to the Fund and any monies in the Fund not expended at the expiration or termination of this franchise shall remain the property of the Company. At the expiration or termination of this franchise, the Company shall not be required to underground any existing overhead facilities under this Article, but may do so in its sole discretion. C. Systemwide Undergrounding. If, during the term of this franchise, the Company should receive authority from the PUC to undertake a systemwide program or programs of undergrounding its electric distribution facilities, the Company will budget and allocate to the program of undergrounding in the City such amount as may be determined and approved by the PUC, but in no case shall such amount be less than the one percent (1 %) of annual Electric Gross Revenues provided above. D. City Requirement To Underground. In addition to the provisions of this Article, the City may require any above ground Company Facilities to be moved underground at the City'S expense. § 11 .3 Undergrounding Performance. Upon receipt of a written request from the City, the Company shall underground Company Facilities pursuant to the provisions of this Article, in accordance with the procedures set forth in this Section. A. Estimates. Promptly upon receipt of an undergrounding request from the City and the Supporting Documentation necessary for the Company to design the undergrounding project, the Company shall prepare a detailed, good faith cost estimate of the anticipated actual cost of the requested project for the City to review and, if acceptable 17 to the City, the City will issue a project authorization. At the City's request, the Company will provide all documentation which forms the basis of the estimate. The Company will not proceed with any requested project until the City has provided a written acceptance of the Company estimate. B. Performance. The Company shall complete each undergrounding project requested by the City within a reasonable time considering the size and scope of each project, not to exceed 240 days from the later of the date upon which the City designee makes a written request or the date the City provides to the Company all Supporting Documentation. The Company shall have 120 days after receiving the City's written request to design project plans, prepare the good faith estimate, and transmit same to the City Designee for review. If City approval of the plans and estimate has not been granted, the Company's good faith estimate will be void 60 days after delivery of the plans and estimate to the City Designee. If the plans and estimate are approved by the City, the Company shall have 120 days from date of the City Designee's authorization of the underground project, plus any of the 120 unused days in preparing the good faith estimate to complete the project. At the Company's sole discretion, if the good faith estimate has expired because the City Designee has not approved the same within 60 days, the Company may extend the good faith estimate or prepare a new estimate using current prices. The Company shall be entitled to an extension of time to complete each undergrounding project where the Company's performance was delayed due to a Force Majeure condition. Upon written request of the Company, the City may also grant the Company reasonable extensions of time for good cause shown and the City shall not unreasonably withhold any such extension. C. City Revision of Supporting Documentation. Any revision by the City of Supporting Documentation provided to the Company that causes the Company to substantially redesign and/or change its plans regarding an undergrounding project shall be deemed good cause for a reasonable extension of time to complete the undergrounding project under the franchise. D. Completion/Restoration. Each such undergrounding project shall be complete only when the Company actually undergrounds the designated Company Facilities, restores the undergrounding site in accordance with Section 6.7 oftrus franchise, or as otherwise agreed with the City, and removes from the site any unused overhead or ground-mounted facilities, equipment, material and other impediments and properly abandons on site any abandoned underground facilities. When performing underground conversions of overhead facilities the Company shall make reasonable good faith efforts consistent with its contractual obligations to persuade joint users of Company distribution poles to remove their facilit ies from such poles within the time allowed by this article. E. Report of Actual Costs. Upon completion of each undergrounding project, the Company shall submit to the City a detailed report of the Company's actual cost to complete the project and the Company shall reconcile this total actual cost with the accepted cost estimate. The report shall be provided within 120 days after completion of the project and written request from the City. 18 F. Audit of Underground Projects. The City may require that the Company undertake an independent audit of up to two (2) undergrounding projects in any calendar year. The cost of any such independent audit shall reduce the amount of the Fund. The Company shall cooperate fully with any audit and the independent auditor shall prepare and provide to the City and the Company a final audit report showing the actual costs associated with completion of the project. If a project audit is required by the City, only those actual project costs confirmed and verified by the independent auditor as reasonable and necessary to complete the project shall be charged against the Fund balance. § 11.4 Audit of Underground Fund. Upon written request, every three (3) years commencing at the end of the third year of this franchise, the Company shall cause an independent auditor to investigate and determine the correctness of the charges to the underground fund. Such audits shall be limited to the previous three (3) calendar years. years. The independent auditor shall provide a written report containing its findings to the City and the Company. The Company shall reconcile the Fund consistent with the findings contained in the independent auditor's written report. The Company shall pay the costs of the audit and investigation. § II.S Cooperation with Other Utilities. When undertaking an undergrounding project the City and the Company shall coordinate with other utilities or companies that have their facilities above ground to attempt to have all facilities undergrounded as part of the same project. When other utilities or companies are placing their facilities underground, to the extent the Company has received prior written notification, the Company shall cooperate with these utilities and companies and undertake to underground Company facilities as part of the same project where financially, technically and operationally feasible. The Company shall not be required to pay for the cost of undergrounding the facilities of other companies or the City. § 11.6 Planning and Coordination of Undergrounding Projects. The City and the Company shall mutually plan in advance the scheduling of undergrounding projects to be undertaken according to this Article as a part of the review and planning for other City and Company construction projects. The City and the Company agree to meet, as required, to review the progress of the current undergrounding projects and to review planned future undergrounding projects. The purpose of such meetings shall be to further cooperation between the City and the Company in order to achieve the orderly undergrounding of Company Facilities. Representatives of both the City and the Company shall meet periodically to review the Company's undergrounding of Company Facilities and at such meetings shall review: A. Undergrounding, including conversions, Public Projects and replacements which have been accomplished or are underway, together with the Company's plans for additional undergrounding; and B. Public Projects anticipated by the City. 19 ARTICLE 12 PURCHASE OR CONDEMNATION § 12.1 Municipal Right to Purchase or Condemn. A. Right and Privilege of City. The right and privilege of the City to construct, own and operate a municipal utility, and to purchase or condemn any Company Facilities located within the territorial boundaries of the City, and the Company's rights in connection therewith, as set forth in applicable provisions of the constitution and statutes of the State of Colorado relating to the acquisition of public utilities, are expressly recognized. The City shall have the right, within the time frames and in accordance with the procedures set forth in such provisions, to purchase Company Facilities, land, rights-of-way and easements now owned or to be owned by the Company located within the territorial boundaries of the City. In the event of any such purchase, no value shall be ascribed or given to the rights granted under this franchise in the valuation of the property thus taken. B. Notice of Intent to Purchase or Condemn. The City City shall provide the Company no less than one (I) year's prior written notice of its intent to purchase or condemn Company Facilities. Nothing in this Section shall be deemed or construed to constitute a consent by the Company to the City'S purchase or condemnation of Company Facilities. ARTICLE 13 MUNICIPALLY PRODUCED UTILITY SERVICE §I3.1 Municipally Produced Utility Service. A. City Reservation. The City expressly reserves the right to engage in the production of utility service to the extent permitted by law. The Company agrees to negotiate in good faith long term contracts to purchase City-generated power made available for sale, consistent with PUC requirements. The Company further agrees to offer transmission and delivery services to the City that are required by judicial, statutory and/or regulatory directive and that are comparable to the services offered to any other customer with similar generation facilities. B. Franchise Not To Limit City's Rights. Nothing in this franchise prohibits the City City from becoming an aggregator of utility service or from selling utility service to customers should it be permissible under law. ARTICLE 14 ENVIRONMENT AND CONSERVATION § 14.1 Environmental Leadership. The City and the Company agree that sustainable development, environmental excellence and innovation shall form the foundation of the Utility Service provided by the Company under this franchise. The Company agrees to continue to actively pursue reduction of carbon emissions attributable to its electric generation facilities with a rigorous combination of energy conservation and energy efficiency 20 measures, Clean Energy measures, and promoting and implementing the use of Renewable Energy Resources on both a distributed and centralized basis. The Company shall continue to cost-effectively monitor its operations to mitigate environmental impacts; shall meet or exceed the requirements of environmental laws, regulations and permits; shall invest in cost-effective, environmentally sound technologies; shall consider environmental issues in its planning and decision making; and shall support environmental research and development projects and partnerships in our communities through various means, including but not limited to corporate giving and employee involvement. The Company shall continue to explore ways to reduce water consumption at its facilities and to use recycled water where feasible. The Company shall continue to work with the U.S . Fish and Wildlife Service to develop and implement avian protection plans to reduce electrocution and collision risks by eagles, raptors and other migratory birds with transmission and distribution lines. On or before December I of each year, the Company shall provide the City a written report describing its progress in carbon reduction and other environmental efforts, and the parties shall meet at a mutually convenient time and place for a discussion of such. In meeting its obligation under this section, the Company is not precluded from providing existing internal and external reports that may be used for other reporting requirements. § 14.2 Conservation. The City and the Company recognize and agree that energy conservation programs offer opportunities for the efficient use of energy and possible reduction of energy costs. The City and the Company further recognize that creative and effective energy conservation solutions are crucial to sustainable development. The Company recognizes and shares the City's stated objectives to advance the implementation of cost-effective Energy Efficiency and Energy Conservation programs that direct opportunities to Residents to manage manage more efficiently their use of energy and thereby create the opportunity to reduce their energy bills. The Company commits to offer programs that attempt to capture market opportunities for cost-effective energy efficiency improvements such as municipal specific programs that provide cash rebates for efficient lighting, energy design programs to assist architects and engineers to incorporate energy efficiency in new construction projects, and recommissioning programs to analyze existing systems to optimize performance and conserve energy according to current and future Demand Side Management ("DSM") programs. In doing so, the Company recognizes the importance of (i) implementing cost-effective programs the benefits of which would otherwise be lost if not pursued in a timely fashion; and (ii) developing cost-effective programs for the various classes of the Company's customers, including low-income customers. The Company shall advise the City and its Residents of the availability of assistance that the the Company makes available for investments in energy conservation through newspaper advertisements, bill inserts and energy efficiency workshops and by maintaining information about these programs on the Company's website. Further, the Company will designate a conservation representative to act as the primary liaison with the City who will provide the City with information on how the City may take advantage of reducing energy consumption in City facilities and how the City may participate in energy conservation and energy efficiency programs sponsored by the Company. As such, the Company and the City commit to work cooperatively and collaboratively to identify, develop, implement and support programs offering creative and sustainable opportunities to Company customers and Residents, including low-income customers. The Company 21 agrees to help the City participate in Company programs and, when opportunities exist to partner with others, such as the State of Colorado, the Company will help the City pursue those opportunities. In addition, and in order to assist the City and its Residents' participation in Renewable Energy Resource programs, the Company shall: (I) notify the City regarding all eligible Renewable Energy Resource programs; (2) provide the City with technical support regarding how the City may participate in Renewable Energy Resource programs; and (3) advise Residents regarding eligible Renewable Energy Resource programs. Notwithstanding the foregoing, to the extent that any Company assistance is needed to support Renewable Energy Resource Programs that are solely for the benefit of Company customers located within the City, the Company retains the sole discretion as to whether to incur such costs. § 14.3 Continuing Commitment. It is the express intention of the City and the Company that the collaborative effort provided for in this Article continue for the entire term of this agreement. The City and the Company also recognize, however, that the programs identi fied in this Article may be for a limited duration and that the regulations and technologies associated with energy conservation are subject to change. Given this variability, the Company agrees to maintain its commitment to sustainable development and Energy Conservation for the term of this agreement by continuing to provide leadership, support and assistance, in collaboration with the City, to identify, develop, implement and maintain new and creative programs similar to the programs identified in this agreement in order to help the City achieve its environmental goals. § 14.4 PUC Approval. Nothing in this Article shall be deemed to require the Company to invest in technologies or to incur costs that it has a good faith belief the PUC will not allow the Company to recover through the ratemaking process. ARTICLE 15 TRANSFER OF FRANCHISE § 15.1 Consent of City Required. The Company shall not transfer or assign any rights under this franchise to an unaffiliated third party, except by merger with such third party, or, except when the transfer is made in response to legislation or regulatory requirements, unless the City approves such transfer or assignment in writing. Approval of the transfer or assignment shall not be unreasonably withheld. § 15.2 Transfer Fee. In order that the City may share in the value this franchise adds to the Company's operations, any transfer or assignment of rights granted under this franchise requiring City approval, as set forth herein, shall be subject to the condition that the 22 Company shall promptly pay to the City a transfer fee in an amount equal to the proportion of the City's then-population provided Utility Service by the Company to the then-population of the City and County of Denver provided Utility Service by the Company multiplied by one million dollars ($1 ,000,000.00). Except as otherwise required by law, such transfer fee shall not be recovered from a surcharge placed only on the rates of Residents. ARTICLE 16 CONTINUATION OF UTILITY SERVICE § 16.1 Continuation of Utility Service. In the event this franchise is not renewed at the expiration of its term or is terminated for any reason, and the City has not provided for alternative utility service, the Company shall have no right to remove any Company Facilities or discontinue providing Utility Service unless otherwise ordered by the PUC, and shall continue to provide Utility Service within the City until the City arranges for utility service from another provider. The Company further agrees that it will not withhold any temporary Utility Services necessary to protect the public. The City agrees that in the circlUTIstances of this Article, the Company shall be entitled to monetary compensation as provided in the Company's tariffs on file with the Public Utilities Commission and the Company shall be entitled to collect from Residents and shall be obligated to pay the City, at the same times and in the same manner as provided in the franchise, an aggregate amount equal to the amolUlt which the Company would have paid as a franchise fee as consideration for use of the City's Streets. Only upon receipt of written notice from the City stating that the City has adequate alternative Utility Service for Residents and upon order of the PUC shall the Company be allowed to discontinue the provision of Utility Service to the City and its Residents. ARTICLE 17 INDEMNIFICATION AND IMMUNITY § 17.1 City Held Harmless. The Company shall indemnify, defend and hold the City harmless from and against claims, demands, liens and all liability or damage of whatsoever kind on account of or arising from the grant of this franchise, the exercise by the Company of the related rights, or from the operations of the Company within the City, and shall pay the costs of defense plus reasonable attorneys' fees. The City shall (a) give prompt written notice to the Company of any claim, demand or lien with respect to which the City seeks indemnification hereunder and (b) unless in the City's judgment a conflict of interest may exist between the City and the Company with respect to such claim, demand or lien, shall permit the Company to assume the defense of such claim, demand, or lien with counsel satisfactory to the City. If such defense is assumed by the Company, the Company shall not be subject to liability for any settlement made without its consent. If such defense is not assumed by the Company or if the City determines that a conflict of interest exists, the parties reserve all rights to seek all remedies available in this franchise against each other. Notwithstanding any provision hereof to the contrary, the Company shall not be obligated to indemnify, defend or hold the City harmless to the extent any claim, demand or lien arises out of or in connection with any negligent or intentional act or failure to act of the City or any of its officers or employees. 23 § 17.2 Immunity. Nothing in this Section or any other provision of this agreement shall be construed as a waiver of the notice requirements, defenses, immunities and limitations the City may have under the Colorado Governmental Immunity Act (§4-10-IOI , C.R. S., el. seq.) or of any other defenses, immunities, or limitations of liability available to the City by law. ARTICLE 18 BREACH § 18.1 Non-Contestability. The City and the Company agree to take all reasonable and necessary actions to assure that the terms of this franchise are performed. The Company reserves the right to seek a change in its tariffs, including but not limited to the rates, charges, terms, and conditions of providing Utility Service to the City and its Residents, and the City retains all rights that it may have to intervene and participate in any such proceedings. § 18.2 Breach. A. Notice/C ure/Remedies. Except as otherwise provided in this franchise, if a party (the "breaching party") to this franchise fails or refuses to perform any of of the terms or conditions of this franchise (a "breach"), the other party (the "non-breaching party") may provide written notice to the breaching party of such breach. Upon receipt of such notice, the breaching party shall be given a reasonable time, not to exceed thirty (30) days, in which to remedy the breach. If the breaching party does not remedy the breach within the time allowed in the notice, the non-breaching party may exercise the following remedies for such breach: (I) specific performance of the applicable term or condition as allowed by law; and (2) recovery of actual damages from the date of such breach incurred by the non-breaching party in connection with the breach, but excluding any consequential damages. B. Termination of Franchise by City. In addition to the foregoing remedies, if the Company fails or refuses to perform any material term or condition of this franchise (a "material breach"), the City may provide written notice to the Company of such material breach. Upon receipt of such notice, the Company shall be given a reasonable time, not to exceed ninety (90) days, in which to remedy the material breach. If the Company does not remedy the material breach within the time allowed in the notice, the City may, at its sole option, terminate this franchise. This remedy shall be in addition to the City's right to exercise any of the remedies provided for elsewhere in this franchise. Upon such termination, the Company shall continue to provide Utility Service to the City and its Residents until the City makes alternative arrangements for such service and until otherwise ordered by the PUC and the Company shall be entitled to collect from Residents and shall be obligated to pay the City, at the same times and in the same manner as provided in the franchise, an aggregate amount equal to the amount which the Company would have paid as a franchise fee as consideration for use of the City Streets. 24 C. Company Shall Not Terminate Franchise. In no event does the Company have the right to terminate this franchise. D. No Limitation. Except as provided herein, nothing in this franchise shall limit or restrict any legal rights or remedies that either party may possess arising from any alleged breach of this franchise. E. Costs and Attorney Fees. If the City initiates any legal action seeking damages for any alleged violation of this franchise, or to seek enforcement of any of the provisions hereof, the prevailing party in any such action shall recover from the other party all of its reasonable costs and attorney tees incurred in connection with the matter, regardless of whether such costs and/or fees were incurred prior to, during, or subsequent to the legal action filed by the City. ARTICLE 19 AMENDMENTS § 19.1 Proposed Amendments. At any time during the term of this franchise, the City or the Company may propose amendments to this franchise by giving thirty (30) days written notice to the other of the proposed amendment(s) desired, and both parties thereafter, through their designated representatives, will, within a reasonable time, negotiate in good faith in an effort to agree upon mutually satisfactory amendment(s). However, nothing contained in this Section shall be deemed to require either party to consent to any amendment proposed by the other party. § 19.2 Effective Amendments. No alterations, amendments or modifications to this franchise shall be valid unless executed by an instrument in writing by the parties, adopted with the same formality used in adopting this franchise, to the extent required by law. Neither this franchise, nor any term hereot: may be changed, modified or abandoned, in whole or in part, except by an instrument in writing, and no subsequent oral agreement shall have any validity whatsoever. ARTICLE 20 EQUAL OPPORTUNITY §20.1 Economic Development. The Company is committed to the principle of stimulating, cultivating and strengthening the participation and representation of persons of color, women and members of other under-represented groups within the Company and in the local business community. The Company believes that increased participation and representation of under-represented groups will lead to mutual and sustainable benefits for the local economy. The Company is also committed to the principle that the success and economic well-being of the Company is closely tied to the economic strength and vitality of the diverse communities and people it serves. The Company believes that contributing to the development of a viable and sustainable economic base among all Company customers is in the best interests of the Company and its shareholders. 25 §20.2 Employment. A. The Company is committed to undertaking programs that identify, consider and develop persons of color, women and members of other under-represented groups for positions at all skill and management levels within the Company. B. The Company recognizes that the City and the business community in the City, including women and minority owned businesses, provide a valuable resource in assisting the Company to develop programs to promote persons of color, women and members of under represented communities into management positions, and agrees to keep the City regularly advised of the Company's progress by providing the City a copy of the Company's annual affirmative action report upon the City's written request. C. In order to enhance the diversity of the employees of the Company, the Company is committed to recruiting diverse employees by strategies such as partnering with colleges, universities and technical schools with diverse student populations, utilizing diversity-specific media to advertise employment opportunities, internships, and engaging recruiting firms with diversity-specific expertise. D. The Company is committed to developing a world-class workforce through the advancement of its employees, including persons of color, women and members of under represented groups. In order to enhance opportunities for advancement, the Company will offer training and development opportunities for its employees. Such programs may include mentoring programs, training programs, classroom training and leadership programs. E. The Company is committed to a workplace free of discrimination based on race, color, religion, national origin, gender, age, military status, sexual orientation, marital status, or physical or mental disability or any other protected status in accordance with all federal, state or local laws. The Company shall not, solely because of race, creed, color, religion, sex, age, national origin or ancestry or handicap, refuse to hire, discharge, promote, demote or discriminate in matters of compensation, against any person otherwise qualified, and further agrees to insert the foregoing provision or its equivalent in all agreements the Company enters into in connection with this franchise. F. The Company shall identify and consider women, persons of color and other under represented groups to recommend for its Board of Directors, consistent with the responsibility of boards to represent the interests of the Shareholders, customers and employees of the Company. §20.3 Contracting. A. It is the Company's policy to make available to minority and women owned business enterprises and other small and/or disadvantaged business enterprises the maximum practical opportunity to compete with other service providers, contractors, vendors and suppliers in the marketplace. The Company is committed to increasing the proportion of Company contracts awarded to minority and women owned business enterprises and other small and/or disadvantaged business enterprises for services, 26 construction, equipment and supplies to the maximum extent consistent with the eFficient and economical operation of the Company. B. The Company agrees to maintain and continuously develop contracting and community outreach programs calculated to enhance opportunity and increase the participation of minority and women owned business enterprises and other small and/or disadvantaged business enterprises to encourage economic vitality. The Company agrees to keep the City regularly advised of the Company's programs. C. The Company shall maintain and support partnerships with local chambers of commerce and business organizations, including those representing predominately minority owned, women owned and disadvantaged businesses, to preserve and strengthen open communication channels and enhance opporhmities for minority owned, women owned and disadvantaged businesses to contract with the Company. §20.4 Coordination. City agencies provide collaborative leadership and mutual opportunities or programs relating to City based initiatives on economic development, employment and contracting opportunity. The Company agrees to review Company programs and mutual opportunities responsive to this Article with these agencies, upon their request, and to collaborate on best practices regarding such programs and coordinate and cooperate with the agencies in program implementation. ARTICLE 21 MISCELLANEOUS §21.l No Waiver. Neither the City nor the Company shall be excused from complying with any of the terms and conditions of this franchise by any failure of the other, or any of its oFficers, employees, or agents, upon anyone or more occasions, to insist upon or to seek compliance with any such terms and conditions. §21.2 Successors and Assigns. The rights, privileges, and obligations, in whole or in part, granted and contained in this franchise shall inure to the benefit of and be binding upon the Company, its successors and assigns, to the extent that such successors or assigns have succeeded to or been assigned the rights of the the Company pursuant to Article 15 of this franchise. §21.3 Third Parties. Nothing contained in this franchise shall be construed to provide rights to third parties. §21.4 Notice. Both parties shall designate from time to time in writing representatives for the Company and the City who will be the persons to whom notices shall be sent regarding any action to be taken under this franchise. Notice shall be in writing and forwarded by certified mail or hand delivery to the persons and addresses as hereinafter stated, unless the persons and addresses are changed at the written request of either party, deli vered in person or by certified mail. Until any such change shall hereafter be made, notices shall be sent as follows: 27 To the City: Mayor of Wheat Ridge City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, CO 80033 and City Manager City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, CO 80033 With a copy to: City Attorney City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, CO 80033 To the Company: Regional Vice President, Customer and Community Services Public Service Company of Colorado P.O. Box 840 Denver, Colorado 8020 I With a copy to: Legal Department Public Service Company of Colorado P.O. Box 840 Denver, Colorado 80201 §21.5 Examination Of Records. The Parties agree that any duly authorized representative of the City and the Company shall have access to and the right to examine any directly pertinent non-confidential books, documents, papers, and records of the other party involving any activities related to this franchise. All such records must be kept for a minimum of four (4) years. To the extent that either Party believes in good faith that it is necessary in order to monitor compliance with the terms of this franchise to examine confidential books, documents, papers, and records of the other Party, the Parties agree to meet and discuss providing confidential materials, including but not limited to providing such materials subject to a reasonable confidentiality agreement which effectively protects the confidentiality of such materials and complies with PUC rules and regulations. 28 §21.6 List of Utility Property. The Company shall provide the City, upon request not more than every two (2) years, a list of utility related property owned or leased by the Company within the City. All such records must be kept for a minimum offour (4) years. §21.7 PUC Filing. Upon written request, the Company shall provide the City non-confidential copies of all applications, advice letters and periodic reports, together with any accompanying non-confidential testimony and exhibits, filed by the Company with the Colorado Public Utilities Commission. Notwithstanding the foregoing, notice regarding any gas and electric filings that may affect utility service rates in the City shall be sent to the City upon filing, to the City Designee, the City Manger and the City Attorney. §21.8 Information. Upon written request, the Company shall provide the City Manager or the City Manager's designee with: A. a copy of the Company's or its parent company's consolidated annual financial report, or alternatively, a URL link to a location where the same information is available on the Company's web site; B. maps or schematics in electronic format indicating the location of specific Company Facilities, including gas or electric lines, located within the City, to the extent those maps or schematics are in existence at the time of the request and related to an ongoing project within the City; and C. a copy of any report required to be prepared for a federal or state agency detailing the Company's efforts to comply with federal and state air and water pollution laws. §21.9 Payment of Taxes and Fees. A. The Company shall pay and discharge as they become due, promptly and before delinquency, all taxes, assessments, rates, charges, license fees, municipal liens, levies, excises, or imposts, whether general or special, or ordinary or extraordinary, of every name, nature, and kind whatsoever, including all governmental charges of whatsoever name, nature, or kind, which may be levied, assessed, charged, or imposed, or which may become a a lien or charge against this agreement ("Impositions"), provided that Company shall have the right to contest any such Impositions and shall not be in breach of this Section so long as it is actively contesting such Impositions. B. The City shall not be liable for the payment of taxes, late charges, interest or penalties of any nature other than pursuant to applicable tariffs on file and in effect from time to time with the PUC. §21.! 0 Conflict of Interest. The parties agree that no official, officer or employee of the City shall have any personal or beneficial interest whatsoever in the services or property described herein and the Company further agrees not to hire or contract for services any official, officer or employee of the City to the extent prohibited by law, including ordinances and regulations of the City. 29 §21.11 Certificate of Public Convenience and Necessity. The City agrees to support the Company's application to the PUC to obtain a certificate of public convenience and necessity to exercise its rights and obligations under this franchise. §21.12 Authority. Each party represents and warrants that except as set forth below, it has taken all actions that are necessary or that are required by its ordinances, regulations, procedures, bylaws, or applicable law, to legally authorize the undersigned signatories to execute this agreement on behalf of the parties and to bind the parties to its terms. The persons executing this agreement on behalf of each of the parties warrant that they have fu ll authorization to execute this agreement. The City acknowledges that notwithstanding the foregoing, the Company requires a certificate of public convenience and necessity from the PUC in order to operate under the terms of this franchise. §2 I. 13 Severability. Should anyone or more provisions of this franchise be determined to be llnconstitutional, illegal, unenforceable or otherwise void, all other provisions nevertheless shall remain effective; provided, however, to the extent allowed by law, the parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft one or more substitute provisions that will achieve the original intent of the parties hereunder. §21.14 Force Majeure. Neither the City nor the Company shall be in breach of this franchise if a fai lure to perform any of the duties under this franchise is due to Force Majeure, as defined herein. §21 .I S Earlier Franchises Superseded. This franchise shall constitute the only franchise between the City and the Company for the furnishing of Utility Service, and it supersedes and cancels all former franchises between the parties hereto. §21.16 Titles Not Controlling. Titles of the paragraphs herein are for reference only, and shall not be used to construe the language of this franchise. §21 .17 Applicable Law. Colorado law shall apply to the construction and enforcement of this franchise. The parties agree that venue for any litigation arising out of this franchise shall be in the District Court for JetTerson County, State of Colorado. §21.18 Payment Of Expenses Incurred By City In Relation To Franchise Agreement. The Company shall pay for expenses reasonably incurred by the City for the adoption of this franchise, including the publication of notices, publication of ordinances, and photocopying of documents. §21.19 Incremental Costs. The parties acknowledge that PUC rules, regulations and final decisions may require that incremental costs of complying with certain provisions of this franchise be borne by customers of the Company who are located within the City. 30 IN WITNESS WHEREOF, the parties have caused this agreement to be executed as of the day and year first above written. ATTEST: Clerk of the City of Wheat Ridge APPROVED AS TO FORM: Attorney for the City of Wheat Ridge "COMPANY" CITY OF WHEAT RIDGE Mayor, City of Wheat Ridge PUBLIC SERVICE COMPANY OF COLORADO By:-=-:-;-----:== ________ _ Riley Hill As Agent for Public Service Company of Colorado Xcel Energy Services Inc. Regional Vice President, Customer and Community Service Department Attest: ----,,----___ _______ _ Ass!. Secretary 31 AGREEMENT BETWEEN PUBLIC SERVICE COMPANY OF COLORADO AND THE CITY OF Wheat Ridge ON PURCHASES OF MATERIALS AND SUPPLIES The company is authorized to purchase materials and supplies tax-exempt for resale. and to remit use tax direct to the City of Wheat Ridge on the value of materials converted to Company use in Wheat Ridge The use tax procedure outlined below was adopted by the Company as the result of a study concerned with the complexity of accounting for use taxes. The study was concerned not only with use taxes levied at the original point of delivery, but also with city use tax if the materials and supplies were later used within the jurisdiction of another taxing authority. The Company has facilities for storing materials and supplies, which include meters, in service centers located throughout the area served. The materials and supplies stored in these locations can be used in the Denver Division and elsewhere within the State of Colorado; thus, the movement of materials and supplies into or out of various taxing jurisdictions occurs in the normal course of Company operations. Materials and supplies acquired for power plants are excluded from this agreement since these purchases are sited to actual locations. Contractors doing business on behalf of the Company are required to pay any applicable use tax on any tangible personal property consumed. Taxes associated with any tangible personal property used directly by the company will be remitted in accordance with this agreement. The Company was also concerned with the clerical work required to compute the correct use tax liability on invoices from non-resident vendors who were not licensed to collect use taxes. The procedure adopted by the Company to simplify accounting for use taxes on materials and supplies follows: 1. Material and supplies are purchased tax-exempt under our State's Direct Pay Agreement and City sales tax licenses. 2. The taxable amounts of materials purchased are assigned a tax composite area code to designate which tax rate is applicable. 3. Materials and supplies transferred between operating divisions of the Company are also summarized by tax composite area code. 4. State and city use taxes are determined monthly by applying the appropriate use tax rates to the accumulated taxable transactions for each separate taxing authority. 5. Each operating division of the Company in which one or more cities levy a use tax has been assigned a separate tax composite area code. The accumulated transactions for each of these divisions are allocated monthly to each city levying a use tax, based on the ratio of Company gross operating revenues of said city to the total gross operating revenues of the operating division in which it is located. The ratio of City/Division gross operating revenues shall be the average of the most recent three (3) years' calculated ratios. The Company is required to summarize its gross operating revenues for each incorporated city and town not only for retail sales tax purposes but also for franchise tax purposes. Inasmuch Inasmuch as materials purchased by the Company tax area used or consumed in furnishing these same utility services to our customers, we believe that the allocation of use taxes on such purchases on the basis of gross operating revenues is a reasonably accurate and equitable method. Schedule A, which is attached, shows a three year average comparison of the ratio of gross operating revenue in Wheat Ridge, including annexations, to the total gross operating revenue in the Denver Division. The advantages of the use tax procedure as outlined herein are summarized below: (1) Eliminates computation and recording of use tax (which requires a separate computation for each taxing authority) on invoices of non-resident vendors. (2) Payment of invoices is not delayed due to tax corrections or adjustments. (3) Consolidates use tax procedures of the Company into a clean-cut operation that can be readily verified by both the Company and the Taxing Authorities. (4) The total amount of use taxes paid by the company is readily available for statistical purposes. (5) Simplifies vendors' tax accounting. (6) Places the responsibility for payment of the tax on the Company, which is within the jurisdiction of the taxing authority. (7) Provides flexibility if other cities in Colorado enact a use tax. Permission to purchase materials and supplies tax-exempt for resale and to remit use tax on the value of materials converted to Company use has been received from the State of Colorado and from the cities of Alamosa, Arvada, Aurora, Boulder, Central City, Commerce City, Denver, Englewood, Fort Collins, Grand Junction, Lafayette, Littleton, Lone Tree, Longmont, Northglenn, Thornton, Pueblo, and Westminster. EXCEPTIONS The Company will pay sales taxes direct to vendors on certain taxable transactions, such as: (1) Payment for services such as telephone. (2) The purchase of trucks and automobiles. (3) The purchase of miscellaneous materials and supplies using the company issued purchasing card. (4) The rental of tangible personal property, i.e., automobiles, equipment, etc. It is mutually agreed and understood that the City of Wheat Ridge or the Company shall have the right to terminate or amend this procedure upon reasonable notice to the other party. By _ ~~~ _ ~ _________ ___ David Steepleton Director-Property & Sales Tax Date ___________ _ City of Wheat Ridge By _______________________ __ Date _________________________ _ SCHEDULE A Year City of Wheat Remainder of Total Denver Ratio of Wheat Ridge Portion of Divisions Division Ridge Revenue Denver Division to total Division 2009 $41,290,316.57 * $1 ,099,869,893.27 $2,419,745,750.55 * 1.80% * 2008 $39,847,221 .77** $1 ,027,109,585.57 $2,300,965,186.68** 1.73%** * 2009: Based on a three-year average (2006-2008)-change due to the elimination of cycle billing ** 2008: Based on a three-year average (2005-2007)-change due to the elimination of cycle billing [Date) Honorable Jerry DiTullio Mayor, City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, CO 80033 Re: Graffiti Removal from Public Service Company Facilities in Wheat Ridge Streets and Other City Property Dear Mayor DiTullio: In consideration for the mutual exchange of promises between Public Service Company of Colorado ("Public Service" or "Company") the City of Wheat Ridge, Colorado ("City")(collectively referred to as the "Parties"), the Parties agree as follows concerning the removal of graffiti from Public Service facilities located within City streets and other City property: 1. Public Service acknowledges that it has an obligation under the lawful ordinances of the City and the provisions of the franchise agreement between the Parties dated _, 2010, to remove graffiti on Company facilities located within the City. 2. The City and Public Service wish to assure prompt removal of graffiti within the City, including but not limited to graffiti that has been placed on Company electric and gas facilities located within City streets and other City property. 3. The City performs routine inspections along the City streets and alleys to identify and remove graffiti. The City also receives reports of graffiti, which are investigated. The City identifies graffiti on Company facilities in the normal course of its graffiti removal program. 4. The City removes graffiti on City facilities as soon as possible after the graffiti is identified. 5. Public Service consents to allow the City to remove graffiti from Company facilities through painting over the graffiti or otherwise removing the graffiti through means that provide adequate protection to the safety of the public and Company and City employees, contractors and subcontractors. 6. Public Service will provide adequate training to City employees, contractors and subcontractors on which Company facilities the City may safely paint (or otherwise treat for graffiti removal) and which Company facilities the City may not safely paint (or otherwise treat for graffiti removal). 11 20501.3 7/14/09 Letter to Honorable Jerry DiTullio [Date) Page -2-6. The City will attempt to remove graffiti from Company facilities as provided in this agreement as soon as possible after the graffiti is identified. 3. Should the City identify graffiti on Company facilities that cannot be removed by standard procedures in a safe manner, or finds graffiti on Company facilities from which Public Service has restricted the City from performing graffiti removal, the City will provide prompt written notice to Public Service, including through email, of the presence of the graffiti. Once Public Service receives the notice of graffiti, it shall remove the graffiti in compliance with existing City ordinances. 5. Public Service shall pay the City's actual cost of removing the graffiti,. In this regard the Company shall furnish paint to the City at no cost to the City and will reimburse the City for labor, equipment and materials at the City's actual cost to perform the graffiti removal. The City's actual cost to perform graffiti removal is currently estimated as approximately $20.00 per removal. 7. In carrying out the graffiti removal contemplated under this agreement, the City shall at all times act in a prudent manner mindful of the potentially dangerous nature of the Company facilities being painted or otherwise treated for graffiti removal and shall act in a way that protects the safety of the company and City employees, contractors and subcontractors and the general public. 8. Public Service reserves the right to remove graffiti from its facilities, so long as it does so within a reasonable time period as agreed in writing between the parties. 10. Public Service will designate in writing a contact location, phone number and web site to the City to address graffiti removal issues within the City. The same address will be used for the City to invoice Xcel Energy for graffiti removal work performed by the City. 11 . This agreement shall become effective upon execution and may be terminated by either party upon providing thirty (30) day written notice. If this agreement accurately reflects the agreement reached between the parties, please sign and date this agreement where indicated and return the same to me at the address indicated above. Yours truly, PUBLIC SERVICE COMPANY OF COLORADO Riley Hill Letter to Honorable Jerry DiTullio [Date] Page -3-As Agent for Public Service Company of Colorado Xcel Energy Services, Inc. Regional Vice President Customer and Community Services Department I have agreed to the terms and conditions set forth above. Mayor, Jerry DiTullio Date 2009 Coordinated Election Calendar (Re: Referral of Xcel Franchise Agreement Renewal per City of Wheat Ridge Charter Sec. 15.6 and C.R.S. §§ 31 -32-101 et seq.) Date Requirement Statutory/Charter Citation 6/4 Submit first draft to Xcel Internal timeframe 6/11 XcellCity NeQotiation MeetinQ Internal timeframe 7/8 Final draft of Franchise Agreement Internal timeframe 7/20 City Council Study Session Internal timeframe Begin publication -once a week for 3 successive weeks in C.RS. § 31 -32-102 a newspaper of general circulation. Notice of Application attached. May be done in either the Transcript or the Post. 7/24 If, by 100 days before the election, the City has taken C.RS. § 1-7-116 (5) formal action to participate in the coordinated election, the City shall notify the County Clerk and Recorder in writing. 8/10 1 st Reading on Ordinance submitting Franchise Agreement Charter Sec. 15.6 to voters. Publisher's affidavit of publication shall be C.RS. § 31 -32-103 attached to ordinance. 8/11 Ordinance is published in full per the Charter. Publish in Charter Sec. 5.12 (d) and the Transcript. Only publish the ordinance, itself, and the (h) cover page that reads, "Exhibit A" (not the entire Franchise Agreement). Then publish Exhibit A in full (the Franchise Agreement) per Charter Sec. 5.12 (h), either by physically posting or on the website. Ordinance approved on first reading must be published in C.RS. § 31-32-103 a newspaper of general circulation daily for a period of not less than 2 weeks prior to consideration on second reading . Publication, therefore, must begin the day after Council action on first reading . Publication should be made in the Post. Exhibit A (the Franchise Agreement) should be attached in full. 8/24 2no Reading on Ordinance submitting Franchise Charter Sec. 15.6 Agreement to voters. Ordinance must be approved by a C.RS. § 31 -32-104 majority of all members of the Council. Clerk shall certify and attest to introduction, reading and publication of the ordinance following its adoption. Certification and attestation shall be attached to the ordinance. 8/25 Publication of ordinance (by title) upon adoption per Charter Sec. 5.12 (f) Charter. Publish in the Transcript. 70 days prior to participation in a coordinated election, the C.RS. § 1-7-116 (2) City must enter into an agreement with the County to participate in the coordinated election. 9/4 60 days before the election, the City Clerk must certify the C.RS. § 1-5-203 (3) order of the ballot and proposed ballot question/content to the County Clerk and Recorder. 11/3 Election day NOTICE OF APPLICATION FOR UTILITY FRANCHISE PURSUANT TO C.RS. § 31-32-102, NOTICE OF APPLICATION IS HEREBY GIVEN BY THE PUBLIC SERVICE COMPANY OF COLORADO OF ITS INTENT TO APPLY TO THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO FOR THE RIGHT TO PROVIDE UTILITY SERVICE TO THE CITY AND TO ITS RESIDENTS UNDER TARIFFS ON FILE WITH THE PUC AND TO ACQUIRE, PURCHASE, CONSTRUCT, INSTALL, LOCATE, MAINTAIN, OPERATE AND EXTEND INTO, WITHIN AND THROUGH THE CITY ALL COMPANY FACILITIES REASONABLY NECESSARY TO GENERATE, FURNISH, SELL, TRANSMIT, TRANSPORT AND DISTRIBUTE UTILITY SERVICE WITHIN THE CITY AND THE RIGHT TO MAKE REASONABLE USE OF ALL STREETS AND OTHER PUBLIC PLACES AND PUBLIC EASEMENTS AS MAY BE NECESSARY TO CARRY OUT THE FRANCHISE. THE PUBLIC SERVICE COMPANY OF COLORADO INTENDS TO APPLY FOR A FRANCHISE FOR A PERIOD OF 20 YEARS AND THE TERMS OF SUCH FRANCHISE SHALL BE AS SET FORTH IN THE ORDINANCE CONSIDERING THE SAME. THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO SHALL CONSIDER THE ORDINANCE PROPOSING SUCH FRANCHISE AT FIRST READING ON AUGUST 10, 2009 AT 7:00 P.M. AT 7500 W. 29TH AVE, WHEAT RIDGE, COLORADO.